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HomeMy WebLinkAboutPLANNING MINUTES 1988-06-21 10240 MINUTES OF THE 560th REGULAR MEETING AND PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA �... On Tuesday, June 21, 1988, the City Planning Commission of the City of Livonia held its 560th Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Donald Vyhnalek, Chairman, called the meeting to order at 7:05 p.m. , with 4 persons in the audience. Members present: Donald Vyhnalek Sue Sobolewski James C. McCann Donna Naidow R. Lee Morrow Jack Engebretson Michael Soranno William laPine Members absent: Herman Kluver Messrs. John J. Nagy, Planning Director; H. G. Shane, Assistant Planning Director; and Ralph H. Bakewell, Planner IV, were also present. Mr. Vyhnalek 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 Commission holds the only public hearing on a preliminary plat and/or a vacating petition. Planning Commission resolutions do not become effective until seven days after tonight. 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 4111. of the hearing tonight. Mrs. Naidow, Secretary, announced the first item on the agenda is Preliminary Plat approval for Regency Circle Subdivision #2 proposed to be located north of Joy Road between Hix and Pere Avenue in the Southwest 1/4 of Section 31. Mr. Nagy: There is a letter in our file from the Department of Public Safety, Division of Fire, stating their office has no objection to its development. We also have a letter in our file from the Engineering Department stating they have no objections to this development. Mr. Vyhnalek: I understand you are just going to do a flip flop of what you have on the other side? Richard Lewiston, 21790 Coolidge Highway, Oak Park: Exactly. Mr. Vyhnalek: R-1? Mr. Lewiston: It is now zoned R-1. Mr. LaPine: The corner parcel was zoned C-2. Is there a building now existing there? Mr. Lewiston: There was a Shell Oil station there at one time. It has been converted to an auto wash. 'r. 10241 Mr. LaPine: Is there a wall? Mr. Nagy: No. Mr. LaPine: People living there will not have masonry wall? Mr. Nagy: It was undeveloped commercial so there was no requirements for masonry walls to separate one commercial development from another. But now that your property has been rezoned residential, had that residential been in effect there would have been a requirement on the part of the commercial. Mr. Vyhnalek: If that commercial does something else, they will be required to put a wall in. Mr. Nagy: We have the right to impose this condition and if you feel strongly there should be a wall there, it is not unreasonable to require it as part of the subdivision improvements. Mr. Vyhnalek: Put the responsibility on the subdivider? Mr. Lewiston: I dislike walls. I don't like the way they look. I would have no objection to the construction of a first class fence, which would have the same security as a wall. Mr. Vyhnalek: Like what? Mr. Lewiston: Lap board, wood fence, I think would be more attractive in residential setting. *ft„ Mr. McCann: Mr. Nagy, is that area that is now commercial fully developed? Mr. Nagy: Yes. Mr. LaPine: The reason I am bringing up the question is people who move in there should be aware there are abutting commercial properties. We have same problem in Windridge. When subdivision was developed shopping center was there. When people moved in they realized the noise and all the problems they were having, etc. a big issue came up about wall and we finally have a wall. I am not in favor of a fence because once the subdivision is finished that fence becomes a problem for the homeowners where if the fence is constructed by a commercial property owner he is responsible for the maintenance. Mr. Lewiston: We don't have a commercial property owner here who is responsible what we do have is a series of homeowners. Everybody in Dover Subdivision has a fence. I think it would not be too big a burden if we built a fence, the homeowner would take care of it. Mr. Vyhnalek: I think something should be built in formally otherwise you could have 8 separate kinds of fences. 10242 Mr. Lewiston: I agree. I will abide by your decision. Mr. Soranno: I wonder if a berm is appropriate? Mr. Nagy: Lot depth is only 122 feet. Mr. Vyhnalek: We are concerned about the upkeep not by homeowners but let us say the auto wash. How will they react to that in 5 years if they don't keep it up? Mr. LaPine: The problem I have with fence. If someone from auto wash backs into fence, he could care less. I have no objection to a wood fence. I understand it isn't your responsibility and you are willing to do it but I think something should be done to protect the homeowners who are going to buy that lot. Mr. Lewiston: I agree. Mr. Morrow: I find no fault with Mr. Lewiston or Mr. LaPine. I think we have to reach some middle ground. He is going to give us a uniform wall. If residents are aware, they will maintain it. Mr. Lewiston: We come back before the Planning Commission again for final plat approval. I would like to suggest if Planning Commission requires either wall or fence, final plat approval be conditioned upon that. I will bring back wood fence as well as wall. Mr. Morrow: Mr. Lewiston has come before us on a number of occasions. I don't think we will get a better offer than that. Richard Sisler, 38583 Grandon: I don't have any objection to development. I enjoyed the field for 18 years. We do not have a very good water supply in that area. I don't object to homes but what is that going to do to our pressure. Mr. Vyhnalek: Mr. Nagy said it could handle these 21 homes. Mr. Sisler: I am watering my lawn all day. This is not only in summertime but we have problem in wintertime. Mr. Vyhnalek: We are well aware of that. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on the Preliminary Plat for Regency Circle Subdivision #2 closed. On a motion duly made by Mr. LaPine, seconded by Mr. Morrow and unanimously adopted, it was #6-110-88 RESOLVED that, pursuant to a Public Hearing having been held on June 21, 1988 the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat for Regency Circle Subdivision #2 proposed to be located north of Joy Road between Hix and Pere in the Southwest 1/4 of Section 31, be approved for the following reasons: 10243 1) The proposed Preliminary Plat complies with all applicable Regulations and Ordinances governing the platting of land in the City of Livonia. 2) No reporting City department has objected to the approval of the `., Preliminary Plat. 3) The proposed Preliminary Plat provides an excellent solution to the development of the subject land. 4) At the time of Final Plat approval that petitioner will submit a design for a fence or wall to emcompass all the lots that abut the commercial parcel. FURTHER RESOLVED that, notice of the above hearing was sent to abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department and Parks & Recreation Department. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Vyhnalek, Chairman, announced that the public hearing portion of the meeting is concluded and the Commission would proceed with items pending before it. On a motion made by Mr. Morrow and seconded by Mrs. Sobolewski, it was #6-111-88 RESOLVED that, pursuant to a Public Hearing having been held on June 7, 1988, the City Planning Commission does hereby recommend to the City Council that Petition 88-5-2-22 by Schostak Brothers & Co. requesting waiver use \r. approval to construct an addition to the Wonderland Mall located on the southwest corner of Plymouth and Middlebelt Roads in the Northeast 1/4 of Section 35 be approved subject to the following conditions: 1) That the site plan marked Sheet P-1319 dated 5-4 -88, as revised, prepared by Wah Yee Associates, Architects, which is hereby approved shall be adhered to. 2) That the building elevations marked Sheet P-1319 II dated 5-4-88 prepared by Wah Yee Associates, Architects, which is hereby approved shall be adhered to. 3) That the landscape plans marked Sheet Ll and L2 dated 4-26-88 prepared by David Krause Associates, Landscape Architects, which are hereby approved shall be adhered to and that the landscaping shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be permanently maintained in a healthy condition. 4) That this approval shall not imply approval of a waiver use petition for the proposed relocation of existing motion picture theaters on the site, represented by Building N on the site plan. for the following reasons: 10244 1) That the proposed use is in compliance with all applicable waiver use standards and requirements set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543. 2) That the subject site has the capacity to accommodate the proposed use. 3) That the plans for the proposed use are well done and will provide for an attractive expansion to this center. 4) That a new major department store at the west end of the Wonderland Center mall will help the economic viability of the center. 5) That the proposed use is compatible to and in harmony with the surrounding uses in the area. 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. A roll call vote on the foregoing resolution resulted in the following: AYES: McCann, Morrow, Sobolewski, Naidow, Vyhnalek, LaPine NAYS: Soranno, Engebretson ABSENT: Kluver Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Morrow wanted it stated in record that driveways will match up and will be four lanes. On a motion duly made by Mr. Morrow, seconded by Mr. LaPine and unanimously adopted, �.. it was #6-112-88 RESOLVED that pursuant to Section 12.08.030 of the Livonia Code of Ordinances, the City Planning Commission does hereby establish and order that a Public Hearing be held to determine whether or not to vacate access easements located between Lots 317 and 318, Lots 330 and 331 and Lots 457 and 458 in Windridge Village Subdivision No. 3 and between Lots 570 and 571 in Windridge Village Subdivision No. 5 located in the North 1/2 of Section 4. AND THAT, notice of such hearing shall be given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances, as amended. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion made by Mr. Soranno, seconded by Mr. McCann and unanimously approved, it was #6-113-88 RESOLVED that, pursuant to request from Zef Martin Ivezaj for a one-year extension of approval of the Preliminary Plat for Martin Villa Subdivision proposed to be located on the south side of Seven Mile Road, west of Wayne 10245 Road in the Northwest 1/4 of Section 8, the City Planning Commission does hereby grant an extension for a period of one year from the date of this resolution for the following reasons: 1) That the proprietor has demonstrated a need for additional time to \r. proceed with the project. 2) That the Preliminary Plat will provide a good land use solution to development of property in question. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Soranno, seconded by Mr. LaPine and unanimously adopted, it was #6-114-88 RESOLVED that the City Planning Commission does hereby recommend to the City Council that Petition 88-4-8-19 by University Village Partners for approval of all plans required by Section 29.02 of Zoning Ordinance #543 in connection with a proposal to construct a new three-story senior citizen apartment complex on the west side of Harrison between Five Mile and Six Mile in the Southwest 1/4 of Section 13 be approved subject to the following conditions: 1) That site plan 8808, Sheet SP-1 dated 6/6/88 prepared by DesRosiers, Architects is hereby approved and shall be adhered to; 2) That building plan 8808, dated 6/17/88 prepared by DesRosiers Architects is hereby approved and shall be adhered to; 3) That landscape plan 8808, sheet SP-3 prepared by DesRosiers Architects 'taw is hereby approved and shall be adhered to; 4) That the outdoor lighting fixture proposed as KIM EKG with 20 foot pole mounted on 24" concrete base is hereby approved and shall be adhered to. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 560th Regular Meeting and Public Hearings held by the City Planning Commission on June 21, 1988 was adjourned at 7:35 p.m. CITY PLANNING COMMISSION LAk. Donna J. Naidow, Secretary ATTEST: 41(144.0„ L .VA� Donald Vyhnalek, Chairman jg 4