Loading...
HomeMy WebLinkAboutPLANNING MINUTES 1992-03-10 11947 MINUTES OF THE 639th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA `r. On Tuesday, March 10, 1992, the City Planning Commission of the City of Livonia held its 639th Regular Meeting and Public Hearings 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 Herman Kluver* Brenda Lee Fandrei William LaPine Conrad Gniewek Donald Vyhnalek R. Lee Morrow James C. McCann Members absent: Raymond W. Tent Messrs. John J. Nagy, Planning Director; H. G. Shane, Assistant Planning Director and Ralph Bakewell, Planner III, 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. 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. *gra. Mrs. Fandrei, Secretary, announced the first item on the agenda is Petition 92-2-2-6 by Livonia Rotary Club requesting waiver use approval to operate a carnival April 8, 1992 through April 19, 1992 on property located on the north side of Plymouth Road between Haller and Middlebelt in the Southwest 1/4 of Section 25. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating they have no objections to the waiver use proposal. We have also received a letter from the Ordinance Enforcement Division stating no deficiencies or problems were found. They further state they are not aware of any problems as a result of the carnival held lase year at this same location and have no objections to this proposal. Also in our file is a letter from the Fire Marshal's office stating their office has no objection to this proposal. A letter from Detroit Edison states they have no objections to this petition. Lastly, we have received a new revised letter from the Traffic Bureau stating with the amended site plan it is found that, other than the minor parking consideration, the department has no objections to the carnival location. 11948 Mr. Engebretson: Mr. Nagy does he indicate what the minor parking concerns could be? Mr. Shane: No. I think as he indicated in his first letter he was concerned about the business at the shopping center going on at the same time that this would be but I think Tom Armstrong, on behalf of the Rotary Club, met with Lieutenant Varajon and worked out the difficulties. I think that was one of the points of discussion was the parking. Lieutenant Varajon indicated to me on the phone that he was satisfied. Mr. Engebretson: Would the petitioner please come forward and give us your name and address and tell us about your event. Jim Craver, President of Livonia Rotary Club, 14101 Deering: As I understand it, the carnival will be held as it was in the past. I believe the working hours would be until 10:00 p.m. during the week and then Friday and Saturday until 11:30 p.m. Gil Walters was going to meet me here. He is the representative from the carnival but he has not arrived yet and I know he is coming from the east side of town so I don't know if he has traffic problems or what. Again, Rotary Club will be on site and taking care of business. Mr. LaPine: Is there a beer tent at this location? Mr. Craver: No. The Rotary Club in the past has not sold anything. This year I think we are going to plan on selling pop and that kind of thing. Mr. LaPine: No alcoholic beverages? Mr. Craver: No. Mrs. Fandrei: Jim, you are not aware of any kind of parking problems in the past at that location? Mr. Craver: No, I am really not. I was surprised to hear that. It is not that strong of a show for the carnival people as far as the volume of people that come. It has been a good fund raiser for us but really I have never seen any traffic problems there. There should be plenty of parking there with the amount of people that come. Mrs. Fandrei: You haven't seen anyone crossing Plymouth Road to park on the other side of the street? Mr. Craver: I haven't but obviously the Rotary Club would be happy to work with the Police Department any way we could. I don't see any reason why someone would park and run across Plymouth Road. There is plenty of parking there. Mrs. Fandrei: It was indicated that there wasn't adequate parking, which is why the concern. Mr. Craver: I've never seen a problem. Mr. Engebretson: Mr. Craver would you like to add anything else? 11949 Mr. Craver: I would like to say one thing, I have been told by one of the members of the club, who has been in communication with someone from the Planning Commission here, how we are kind of slow to get started on this with the dates coming up and I would like to ask the Commission, what kind of lead time would you like when we come softy before you for a project like this? Mr. Nagy: We need at least two months lead time. Mr. Craver: Dan DiComo, who will be President Elect this year, he is going to take this over for the next three years and we will make sure to be here in plenty of time. There was no one present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 92-2-2-6 closed. On a motion duly made by Mr. Vyhnalek, seconded by Mr. Gniewek and unanimously approved, it was #3-235-92 RESOLVED that, pursuant to a Public Hearing having been held on March 10, 1992 on Petition 92-2-2-6 by Livonia Rotary Club requesting waiver use approval to operate a carnival April 8, 1992 through April 19, 1992 on property located on the north side of Plymouth Road between Haller and Middlebelt in the Southwest 1/4 of Section 25, the City Planning Commission does hereby recommend to the City Council that Petition 92-2-2-6 be approved subject to the following conditions: 1) That all truck parking, temporary housing units and all other related transportation equipment and apparatus relating to the operation of the carnival shall be parked or stored to the north or rear of the shopping center building but no closer to the east property line than 100 feet. for the following reasons: 1) That the site has the capacity to accommodate the proposed use. 2) That the proposed use complies with all special and general waiver use standards and requirements as set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Engebretson, Chairman, announced that the public hearing portion of the meeting is concluded and the Commission would proceed with items pending before it. Mrs. Fandrei, Secretary, announced the next item on the agenda was a motion by the City Planning Commission to hold a public hearing to determine whether or not to amend Section 31.02 of the Zoning Ordinance so as to provide that certain privately owned property could also be eligible to be rezoned to an NP, Nature Preserves zoning district. `r.. 11950 Mr. Engebretson: I guess that is a self explaining proposal. I am looking for a motion to hold a public hearing. On a motion duly made by Mr. McCann, seconded by Mr. Vyhnalek and unanimously approved, it was Saw #3-236-92 RESOLVED that, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to amend Section 31.02 of the Zoning Ordinance so as to provide that certain privately owned property could also be eligible to be rezoned to an NP, Nature Preserves zoning district. FURTHER RESOLVED that, notice of the above hearing shall be given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Gniewek: Mr. Nagy, if privately owned land could be rezoned to an NP should this resolution go through, is it necessarily the case that it will automatically be that way or will it have to be petitioned for to he rezoned by the owner of the private property or will that be part of the language that will be discussed in the future? * 7:41 p.m. Mr. Kluver entered the meeting at this time. Mr. Nagy: The private property owner will have the option to elect to have his property rezoned in the nature preserve classification if he so desires, or pursuant to our Zoning Ordinance the City of Livonia, either through the Planning Commission and/or the City Council could initiate on their own motion such a zoning change to designate the property and rezone it accordingly. So it will be the property owner, the Planning Commission or the City Council if we are successful in this amendment. Mr. Engebretson: If it is privately owned property and it is rezoned to the nature preserve district, then they won't be required to pay any property taxes on it? Mr. Nagy: It is really outside my jurisdiction here to comment on that. They certainly will have a restriction on the use of the property so to that extent since the potential use of the property would be limited to a nature preserve, to that extent I think we will have a drastic reduction in the property tax. If they will relieve them of all taxes, I am really not qualified to comment. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Fandrei, Secretary, announced the next item on the agenda was letter dated February 20, 1992 from Marvin Walkon requesting that Petition 91-6-1-14 by Marvin Walkon, Hampik Kzirian & McDonalds Corp. requesting to rezone property located on the west side of Newburgh Road south of Five Mile Road in the Northeast 1/4 of Section 19 from C-1 to C-2, be withdrawn. 11951 Mr. Engebretson: This has to do with the proposed McDonalds at Five Mile and Newburgh. We have received a letter from the petitioner asking us to withdraw that petition. It presently has been left on the table. I am looking for a motion to permit the petition to be withdrawn. slur On a motion duly made by Mr. Kluver, seconded by Mr. Morrow and unanimously approved, it was #t3-237-92 RESOLVED that, having received a letter dated February 20, 1992 from Marvin Walkon requesting that Petition 91-6-1-14 by Marvin Walkon, Hampik Kzirian & McDonalds Corp. requesting to rezone property located on the west side of Newburgh Road south of Five Mile Road in the Northeast 1/4 of Section 19 from C-1 to C-2 be withdrawn, the Planning Commission does hereby concur in that request and declares that Petition 91-6-1-14 is hereby withdrawn. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Fandrei, Secretary, announced the next item on the agenda was Petition 92-2-8-3 by The Cummins Group requesting approval of all plans required by Section 18.58 of Zoning Ordinance #543 in connection with a proposal to construct a new office/commercial building on the west side of Farmington Road just south of Plymouth Road in Section 33. Mr. Bakewell presented the plans. Mr. Bakewell: They are proposing a 8,000 square foot professional multi-tenant building. One of the uses would be a drive-up pharmacy. A lot of the uses that are presently in the Professional Village will be fin. moving over to this building. Mr. Gniewek: Is there a dumpster location at this site? Mr. Bakewell: There is a dumpster located at the southwest corner of the site. Mr. Morrow: Ralph, was that noted to be irrigated? Mr. Bakewell: Yes. In the general notes down at the bottom it states irrrigation and it specifies what that irrigation would be. Mrs. Fandrei: Ralph, we don't have anything on the sign do we? Mr. Bakewell: None other than its location. Mrs. Fandrei: Is that coming? Mr. Bakewell: You can make that a part of the resolution. Jim Cummins, Architect on this project: Pursuant to your request at the study meeting I have brought a photograph of a similar building and the materials we will be using on this project. 11952 Mrs. Fandrei: What about the sign? Mr. Cummins: The sign will be coming in at a time when the owner and his tenants get together. It will probably be a ground type sign. Mr. Gniewek: Mr. Cummins, this building, I understand, will be 100% occupied. Is that correct? Mr. Cummins: That is correct. On a motion duly made by Mr. McCann, seconded by Mrs. Fandrei and unanimously approved, it was #3-238-92 RESOLVED that, the City Planning Commission does hereby approve Petition 92-2-8-3 by The Cummins Group requesting approval of all plans required by Section 18.58 of Zoning Ordinance #543 in connection with a proposal to construct a new office/commercial building on the west side of Farmington Road just south of Plymouth Road in Section 33, subject to the following conditions: 1) That Site Plan 091-383 Sheet P-1 dated 2/25/92 prepared by The Cummins Group is hereby approved and shall be adhered to; 2) That Building Plan 091-383 Sheet P-3 dated 2/11/92 prepared by The Cummins Group is hereby approved and shall be adhered to; 3) That Landscape Plan 091-383 Sheet L-1 dated 2/11/92 prepared by The Cummins Group is hereby approved and shall be adhered to. 4) That before any sign permit is issued either for wall signs or free standing signs, plans for same must first be reviewed and approved by the Planning Commission. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Fandrei, Secretary, announced the next item on the agenda was Petition 92-2-8-4 by Frank DiMattia, Architect requesting approval of all plans required by Section 18.58 of Zoning Ordinance #543 in connection with a proposal to construct a new medical office building on the northwest corner of Joy and Deering in Section 36. Mr. Bakewell presented the plans. Mr. Bakewell: This is another medical facility proposal. They are proposing a building that is approximately 3500 square feet. You may recall a little over a year ago you reviewed another medical building for the same doctor on this site that was slightly smaller but had proposed an additional stage at some future date. This is the same doctor but he is coming in with his ultimate building and there will not be any more additions to this one. Mr. Engebretson: Perhaps Mr. DiMattia would like to add his comments. Frank DiMattia: We tried to design a small medical building in a residential area. We have provided good landscaping for it and we will save most of the trees. The doctor seems to be pretty excited about staying in Livonia. He has a practice now in the City of Dearborn Heights. 11953 Mr. Gniewek: Frank, when would you be starting on this project? Mr. DiMattia: April 1st probably. On a motion duly made by Mr. Gniewek, seconded by Mr. LaPine and unanimously \r.. approved, it was #2-239-92 RESOLVEn that, the City Planning Commission does hereby approve Petition 92-2-8-4 by Frank DiMattia, Architect requesting approval of all plans required by Section 18.58 of Zoning Ordinance 11543 in connection with a proposal to construct a new medical office building on the northwest corner of Joy and Deering in Section 36, subject to the following conditions: 1) That Site Plan 9201 Sheet 1 prepared by Franco M. DiMattia, Architect is hereby approved and shall be adhered to; 2) That Building Plan 9201 Sheet 4 prepared by Franco M. DiMattia, Architect is hereby approved and shall be adhered to; 3) That Landscape Plan 9201 Sheet 2 prepared by Franco M. DiMattia, Architect is hereby approved and shall be adhered to. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Fandrei, Secretary, announced the next item on the agenda was Landscape Greenbelt Plan for Parkside Villas Subdivision located on the southwest corner of Seven Mile and Wayne Roads in Section 8. Mr. Bakewell presented the plans. Mr. Gniewek: Mr. Bakewell, once this berm is established and all the plantings are in and apparently growing, who will then be responsible to maintain this? Mr. Bakewell: The owner of lot 3. Mr. Gniewek: What about the plants that are placed there? If those plants do die or the initial landscape plan is modified, would that be brought back before us or will there be someone policing it? Mr. Bakewell: The berm and landscaping will be constructed by the developer and he should have a one-year guarantee on his plant material. If he should lose any of it, then his contractor would replace it. The owner would, when he takes possession of the particular landscaping, would have to note that everything is in good order and he may add more landscaping if he wishes. Mr. Gniewek: I guess my question is if the property owner takes over maintenance of that particular site and decides he doesn't like the evergreens that are on there, does he take then down then? I thought this was to be a buffer between Seven Mile Road and the property. If the property owner decides not to maintain it, is there any recourse on the part of the City to go in and have it brought up to standards? 11954 Mr. Bakewell: I guess it would be up to Ordinance Enforcement to enforce maintenance of this particular greenbelt. Mr. Gniewek: This will be an entranceway into a subdivision which has been basically wild up until now and I would think this would have to be `,,, properly maintained. I was just wondering if there was any recourse for the City if that did not happen. Mr. Bakewell: I believe it would be through the Ordinance Enforcement Division. Mr. Nagy: I would like to make one comment. The subdivision rules and regulations, as well as the restrictive covenants and agreements, will be placed upon these eight lots. There will be a provision in the restrictive covenants and agreements that Lot 3 be encumbered with the landscape easement and it will be the responsibility of both the property owner and the association to insist upon its maintenance. Mr. Gniewek: I wasn't sure how that was handled. Mr. Morrow: Do we know if there is any signage being proposed for this subdivision? Mr. Bakewell: I believe there isn't. Mr. Nagy: There is not because of the scale of it and they don't have their own separate street and they are just individual lots. Mr. LaPine: Ralph, there are two lots to the west of this lot right? Mr. Bakewell: Yes. Mr. LaPine: Is the berm set back far enough so that the two lots to the west, when they are pulling out to Eight Mile Road, it won't interefere with their visibility? Mr. Bakewell: Yes. Plus those two lots would have turnarounds. Mr. LaPine: The City, I assume, has all the right of way along there? Mr. Bakewell: The berm is not in the right of way. On a motion duly made by Mr. LaPine, seconded by Mr. Morrow and unanimously approved, it was #3-240-92 RESOLVED that, the City Planning Commission does hereby approve Landscape Greenbelt Plan for Parkside Villas Subdivision located on the southwest corner of Seven Mile and Wayne Roads in Section 8 subject to the following condition: 1) That the Landscape Easement Plan for "Parkside Villas" Subdivision as shown on Sheet 1 dated 2/11/92 by Ambit Land Surveyors is hereby approved and shall be adhered to. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. 11955 On a motion duly made, seconded and unanimously adopted, the 639th Regular Meeting and Public Hearings held on March 10, 1992 was adjourned at 8:09 p.m. CITY PLANNING COMMISSION Now e.-71 1� 1{. L Brenda Lee Fandrei, Secretary [f ATTEST: �'� liOG1(.11 0'�• Jack Engebre�Lson, Chairman jg