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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. 13121 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 *44.. 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. 13122 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. 13123 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. 13124 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. 13125 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; 13126 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. 13127 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 A / 1/+ /%:/J Jams C. McCann, Secretary ATTEST: (40rC ;1,1; G f vOK • Jack Engebr'etson, Chairman jg