HomeMy WebLinkAboutPLANNING MINUTES 1993-11-16 13120
MINUTES OF THE 674th REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF
LIVONIA
On Tuesday, November 16, 1993, the City Planning Commission of the City of Livonia
held its 674th Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan.
Mr. Jack Engebretson, Chairman, called the meeting to order at 7:30 p.m.
Members present: Jack Engebretson R. Lee Morrow James C. McCann
Raymond W. Tent Robert Alanskas William LaPine
Members absent: Brenda Lee Fandrei
Messrs. John J. Nagy, Planning Director; H. G. Shane, Assistant Planning Director,
and Scott Miller, Planner I, were also present.
Mr. Engebretson informed the audience that if a petition on tonight's agenda
involves a rezoning request, this Commission only makes a recommendation to the
City Council who, in turn, will hold its own public hearing and decide the
question. If a petition involves a waiver of use request and the request is
denied, the petitioner has ten days in which to appeal the decision to the City
Council; otherwise the petition is terminated. The Planning Commission holds the
only public hearing on a preliminary plat and/or a vacating petition. Planning
Commission resolutions become effective seven days after the resolutions are
adopted. The Planning Commission has reviewed the petitions upon their filing and
have been furnished by the staff with approving and denying resolutions. The
Commission may use them or not use them depending upon the outcome of the hearing
tonight.
Mr. McCann, Secretary, announced the first item on the agenda is a request by Leo
Soave, by letter dated October 14, 1993, to withdraw Petition 93-6-1-10
by Leo Soave requesting to rezone property located on the south side of
Seven Mile Road between Newburgh Road and Blue Skies Drive in the
Northeast 1/4 of Section 7 from R-3C to OS.
Mr. Engebretson: Technically we need a motion to remove this item from the table.
On a motion duly made by Mr. Morrow, seconded by Mr. Tent and unanimously approved,
it was
#11-207-93 RESOLVED that, Petition 93-6-1-10 by Leo Soave requesting to rezone
property located on the south side of Seven Mile Road between Newburgh
Road and Blue Skies Drive in the Northeast 1/4 of Section 7 from R-3C to
OS, be taken from the table.
Mr. Engebretson, Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. Engebretson: Mr. Nagy, I understand that we have received this letter from Mr.
Soave who chooses not to re-advertise and go through with the
proposed zoning that he originally intended to do.
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Mr. Magy: Exactly. That is correct.
Mr. Engebretson: What we need to do to close this item off is to have a motion to
recognize this withdrawal and put the item to bed.
°taw On a motion duly made by Mr. Morrow, seconded by Mr. LaPine and unanimously
approved, it was
#11-208-93 RESOLVED that, pursuant to a Public Hearing having been held on
Petition 93-6-1-10, and pursuant to a request by Leo Soave dated October
14, 1993 to withdraw Petition 93-6-1-10 as submitted by Leo Soave
requesting to rezone property located on the south side of Seven Mile
Road between Newburgh Road and Blue Skies Drive in the Northeast 1/4 of
Section 7 from R-3C to OS, the City Planning Commission does approve the
request and Petition 93-6-1-10 is hereby withdrawn .
Mr. Engebretson, Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is Motion by the City
Planning Commission, pursuant to Council Resolution #716-93, to hold a
public hearing on the question of whether or not to amend Part V of the
Master Plan of the City of Livonia, entitled the Master School and Park
Plan, to delete existing and proposed designation of property located
south of Ann Arbor Trail, west of Newburgh Road in Section 31 and to
also amend Part VII of the Future Land Use Plan so as to place a new
land use designation on certain property located south of Ann Arbor
Trail, west of Newburgh Road in Section 31.
Mr. Engebretson: This sounds awfully complicated but all we are doing is making a
proposal to set a public hearing to consider whether or not to
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rezone that public land to put it to some use, most probably
residential, and that it has been recognized that it appears
there is no further need for that land by the City. I am looking
for a motion to set a public hearing.
On a motion duly made by Mr. Tent, seconded by Mr. Alanskas and unanimously
approved, it was
#11-209-93 RESOLVED that, pursuant to Council Resolution VV716-93 and pursuant to
the provisions of Act 285 of the Public Acts of Michigan, 1931, as
amended, the City Planning Commission does hereby establish and order
that a public hearing be held in the City Hall of the City of Livonia in
order to determine whether or not to amend Part V of the Master Plan of
the City of Livonia, entitled the Master School and Park Plan, as well
as Part VII of the Master Plan, entitled the Future Land Use Plan so as
to delete existing and proposed park site designations and to place a
new land use designation on property located south of Ann Arbor Trail,
west of Newburgh Road in Section 31.
FURTHER RESOLVED that, notice of time and place of said public hearing
shall be published in a newspaper of general circulation in the City of
Livonia and a notice by registered United States mail shall be sent to
each public utility or railroad company owning or operating any public
utility or railroad within the City of Livonia in accordance with the
provisions of Act 285 of the Public Acts of Michigan of 1931, as
�. amended.
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Mr. Engebretson, Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is approval of the
minutes of the 673rd Regular Meeting & Public Hearings held on October
�.. 26, 1993.
On a motion duly made by Mr. LaPine and seconded by Mr. Morrow, it was
#11-210-93 RESOLVED that, the minutes of the 673rd Regular Meeting & Public
Hearings held on October 26, 1993 are approved.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Tent, LaPine, Morrow, Alanskas, Engebretson
NAYS: None
ABSTAIN: McCann
ABSENT: Fandrei
Mr. Engebretson, Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is Petition 93-11-8-21
by Marathon Oil Company requesting approval of all plans required by
Section 18.47 of Zoning Ordinance #543 in connection with a proposal to
erect a canopy over the dispenser island for the gasoline station
located at 33325 Seven Mile Road in Section 10.
Mr. Miller: This is property located on the southeast corner of Seven Mile
and Farmington. This is a Speedway gas station and they are
'411m. proposing to construct a structural canopy over one of the gasoline
pump islands. This particular gasoline pump island is the one that
runs along Farmington Road and it will be located as an overhead
coverage for those pumps. The structure will be 44 feet by 28
feet. There was a problem that gasoline canopies have to be set
back 10 feet from a right-of-way. This one will encroach into that
and will only be set back 3 feet. The petitioner has received a
variance from the Zoning Board so it is conforming.
Mr. Engebretson: Is the petitioner here?
Jim Avery: I am an engineer with Marathon Oil Company.
Mr. Engebretson: What can you tell us about your proposal that you think is
important?
Mr. Avery: As Mr. Miller explained, we are proposing to erect a 28 x 44 foot
canopy over the western gasoline dispensers at the Speedway station
at the corner of Seven Mile and Farmington. One of the major
reasons for the canopy erection is basically for weather protection
for our customers. Most of the gas stations in the City of Livonia
all currently have canopies and we feel it will be a great benefit
to our customers and your City residents who use that station.
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Mr. Morrow: Mr. Avery, I was not at the study session so you will have to bring
me up to speed. Is there any particular reason why we are not
doing it over both pump islands?
Mr. Avery: Right now it is mainly budgetary reasons. It basically comes down
`., to money. We feel the dispensers along the Farmington Road side
have the most use and it would be most beneficial to have that on
the Farmington Road side.
Mr. Morrow: Is this a company owned station?
Mr. Avery: Yes. Actually the name Speedway is operated by a company called
Emerald Marketing Company and they are a wholly-owned subsidiary of
Marathon. The Speedway facility is a company-owned operated
facility by Emerald Marketing.
Mr. Morrow: As you indicated, most other service stations in Livonia do have
the canopies and I was hoping perhaps both of them might go but I
certainly understand budget constraints.
Mr. LaPine: Mr. Morrow brought up the one item I had. I happen to deal at this
station and the problem you have is these pumps do not get all the
business. The moment you drive in, the pump that you want to go to
wherever it is empty, you go. That is standard. Once you are
there, you are not going to drive away. Quite frankly I don't buy
the idea that there is not money in the oil companies to put up two
canopies. That just doesn't wash with me, quite frankly. I am
just curious, in a number of stations throughout Livonia we have
had oil companies come in, Speedway too, and they have renovated
the whole station, updated the building, updated the property. Why
don't they do it at this location?
Mr. Avery: Mainly it is an economic consideration based on the projection of
gallonage that they think they could justify spending money.
Mr. LaPine: Is it because they have another facility just a mile down the road?
I have no objection to the proposal but quite frankly I wish you
would take back the message that we would like to see them renovate
the whole station and cover both pumps. I just don't think it
makes sense to cover one pump because if it is pouring rain, more
people can't get underneath this canopy. They either have to sit
there and wait for that or they have to move over to the pump in
the rain. It just doesn't make any sense, and believe me, oil
companies are making plenty of money. It isn't that they can't
spend the money to fix up the station.
Mr. Tent: Mr. Avery, this is another question on something else. I am not
familiar with that particular station. Do they have air for tires
and is it free or do you have a coin-operated device?
Mr. Avery: That is a free device.
Mr. Tent: And you are going to keep it that way?
Mr. Avery: Yes, definitely.
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Mr. Tent: That is what Marathon does at all its stations?
Mr. Avery: All of the Emerald Marketing Speedway facilities, if they offer
air, it is a free service.
`rr. Mr. Tent: It bothers me when I go into a station and I see you have to put a
quarter in for a couple of pounds of air.
Mr. Avery: We try to emphasize that we do offer free air service to all our
customers.
Mr. Alanskas: Does Marathon own the property or is it leased?
Mr. Avery: That is a Marathon owned property. It is actually owned by Emerald
Marketing Company.
On a motion duly made by Mr. Tent, seconded by Mr. Alanskas and unanimously
approved, it was
#11-211-93 RESOLVED that, the City Planning Commission does hereby recommend to the
City Council that Petition 93-11-8-21 by Marathon Oil Company requesting
approval of all plans required by Section 18.47 of Zoning Ordinance #543
in connection with a proposal to erect a canopy over the dispenser
island for the gasoline station located at 33325 Seven Mile Road in
Section 10 be approved subject to the following conditions:
1) That the Site Plan dated 7/16/93 by Marathon Oil Company is hereby
approved and shall be adhered to;
2) That any proposed signage shown on the plans are not part of this
approval and must be submitted separately pursuant to the Seven
Mile/Farmington Vicinity Control Ordinance;
as well as subject to the following additional condition (which in part
was required by the Zoning Board of Appeals):
1) Due to the hazardous traffic situation with customers attempting to
make left-hand turns onto Farmington Road from the station, at peak
traffic times in particular, the Petitioner is directed to erect a
"Right Turn Only" sign on the Farmington Road side of the property.
Mr. McCann: Is Farmington Road a County road?
Mr. Nagy: Yes it is.
Mr. McCann: Is that on the County right-of-way the exit where the sign would
go?
Mr. Nagy: No the County would not allow the sign on the public right-of-way.
If there was to be a sign, it would have to be on the inside of the
sidewalk.
Mr. McCann: In my familiarity with that area, it would be difficult. They may
find some place to put that without confusing traffic.
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Mr. Engebretson, Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is Petition 93-11-8-22
by Bernath-Coakley Associates Architects, Inc. requesting approval of
�r.► all plans required by Section 18.58 of Zoning Ordinance #543 in
connection with a proposal to construct an addition to the church
located at 31450 Six Mile Road in Section 10.
Mr. Miller: This is a church that is located on the northwest corner of Six
Mile and Merriman. They are proposing to add a 3,000 square foot
addition to the rear of the existing church. Because this addition
will encroach into the existing parking lot they had to make up a
new layout for their parking lot and to meet the parking
requirements they had to add additional paving to the rear of the
parking lot, which runs along Six Mile Road. Other than that, the
parking meets the requirements and so does the landscaping.
John Coakley with Bernath-Coakley Associates Architects: We are the architects for
the church. Scott pretty much explained what we are doing there.
The addition that is being added is a classroom addition. Just to
reiterate what Scott had said, because of extending that addition
we encroached on the existing parking lot area and so we have added
additional spaces to make up for those we lost so the total spaces
we have in the parking lot meet the ordinance. They met it before
but with the change, they still meet that. We have also added some
additional landscaping on the site. We have also retained the
fairly mature woods that exists between the parking area and the
adjacent residential area to the west. There is a brick veneer
exterior on the building and the addition will be the same type of
brick. There is also an area that has a fairly large flat roof
*161.
that has a large HVAC unit that sits on the roof. As part of the
remodeling plans we are going to remove that and set it down on the
ground and put a brick screen wall around it, which is shown on the
site plan there and then we are going to put a gable roof on the
addition to pretty much match what is there.
On a motion duly made by Mr. Alanskas, seconded by Mr. Tent and unanimously
approved, it was
#11-212-93 RESOLVED that, the City Planning Commission does hereby approve Petition
93-11-8-22 by Bernath-Coakley Associates Architects, Inc. requesting
approval of all plans required by Section 18.58 of Zoning Ordinance #543
in connection with a proposal to construct an addition to the church
located at 31450 Six Mile Road in Section 10, subject to the following
conditions:
1) That the Site Plan, defined as Sheet 1 dated 10/29/93 by
Bernath-Coakley Associates Architects, Inc. , is hereby approved and
shall be adhered to;
2) That the Landscape Plan, defined as Sheet 2 dated 10/29/93 by
Bernath-Coakley Associates Architects, Inc. , is hereby approved and
shall be adhered to;
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3) That the Elevation Plan, defined as Sheet 4 dated 10/29/93 by
Bernath-Coakley Associates Architects, Inc. , is hereby approved and
shall be adhered to.
Mr. Tent: Is the Pastor of the church here. I would like to make this
comment. I was involved in the late 60's when you came before the
Planning Commission for the approval of the church and we went into
quite a lengthy approval because we were so insistent on angling
the church to the corner. After many, many meetings it was decided
it would be angled and since then there were many compliments about
that site. In other words it is one of the most beautiful sites in
the area because of the positioning like that. I want to
compliment you for all you have done. You have really been an
asset, as far as I am concerned to the community. Your church has
been well kept and your addition now blends right in with
everything. I want to say I am really glad back in the 60's we
approved you and here I am again giving you my support so I want to
thank you for a job well done and for being a good neighbor in the
community.
Mr. Engebretson, Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is Petition 93-11-8-23
by Comcast Sound Communications requesting approval of all plans
required by Section 18.42 of Zoning Ordinance #543 in connection with a
proposal to install a satellite dish antenna to the roof of the
restaurant located at 19265 Victor Parkway in Section 6.
Mr. Miller: This is the restaurant Cantina del Rio. It is located on the west
side of Victor Parkway between Seven and Eight Mile Roads. They
Now are proposing to locate a three foot satellite dish on the roof of
their new restaurant. The satellite dish will be located
approximately 40 feet from the elevation that faces I-275 and 26
feet from the front of their restaurant. The satellite dish will
be three feet in diameter and mounted on a compressor rack. Being
mounted this way the top of the dish will sit up about five feet
off the top of the roof. There is a 4 1/2 foot screen that is
located around this area that also screens the other mechanical
equipment on the roof.
Peter Baird, General Manager of Comcast Sound Communications, 5750 Enterprise
Drive, Warren: We have approximately 600 of these dishes installed
in southeastern Michigan, a number of them in the City of Livonia.
Muzak themselves, as far as an affiliate network, has approximately
60,000 of these dishes installed across the United States. We have
a national contract with the Bob Evans people to provide music for
this installation and we are asking for permission to put the dish
up there.
Mr. Alanskas: Sir will that dish be a wire mesh or will it be solid white?
Mr. Baird: Solid fiberglass.
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Mr. Engebretson: How visible is it going to be from the various entrances to that
site?
Mr. Baird: It will be virtually invisible. With the fence around the
compressor area, that will cover a good portion of it. There will
�.. be a little bit of the dish sticking out over the top but you would
have to get out quite a distance before you would see it.
Mr. Morrow: The satellite dish is for music only and not a video type thing?
Mr. Baird: At this point it is strictly audio reception.
Mr. McCann: In the future can that dish be converted over for a television?
Mr. Baird: Muzak is able on that dish to receive a video signal but I don't
know that Bob Evans would ever have any need to do video.
On a motion duly made by Mr. Alanskas, seconded by Mr. LaPine and unanimously
approved, it was
#11-213-93 RESOLVED that, the City Planning Commission does hereby recommend to the
City Council that Petition 93-11-8-23 by Comcast Sound Communications
requesting approval of all plans required by Section 18.42 of Zoning
Ordinance #543 in connection wit a proposal to install a satellite dish
antenna to the roof of the restaurant located at 19265 Victor Parkway in
Section 6, be approved subject to the following conditions:
1) That Plan, defined as Roof Plan & Details by Wolfgang Doerschlag
Architects, received by the Livonia Planning Commission on 11/1/93,
is hereby approved and shall be adhered to.
for the following reason:
1) That the proposed satellite dish antenna location is such that it
will have no detrimental aesthetic impact on the neighboring
properties.
Mr. Engebretson, Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made, seconded and unanimously adopted, the 674th Regular Meeting
held on November 16, 1993 was adjourned at 8:00 p.m.
CITY PLANNING COMMISSION
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Jams C. McCann, Secretary
ATTEST: (40rC ;1,1; G f vOK •
Jack Engebr'etson, Chairman
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