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HomeMy WebLinkAboutPLANNING MINUTES 1973-02-20 1 5243 MINUTES OF THE 253rd REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 20, 1973 the City Planning Commission of the City of Livonia • held its 253rd Regular Meeting and Public Hearings at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Public Hearing and Regular Meeting to order at 8:10 p.m. with approximately 15 interested persons in the audience. Members present: Daniel R. Andrew Joseph J. Talbot Charles Pinto Herman H. Kluver Suzanne Taylor David Merrion Esther Friedrichs Joseph J. Falk Members absent: Francis M. Hand Messrs. John J. Nagy, Planning Director; Ralph H. Bakewell, Planner IV; H. G. Shane, Planner IV; and Robert M. Feinberg, Assistant City Attorney, were also present. Mr. Andrew informed the audience that if a petition on tonight's agenda involves a question of rezoning or vacating, this Commission only makes recommendations to the City Council and the City Council after holding a public hearing makes the final determination as to whether a petition is approved or denied, and if a petition for a waiver of use approval is denied, the petitioner has ten days in which to appeal the decision to the Council. Mr. Herman Kluver, Secretary, announced the first item on the agenda is Petition 73-1-1-1 by Manns-Ferguson Funeral Home requesting to rezone property located on the east side of Middlebelt Road, south of Six Mile Road in the Northwest 1/4 of Section 13, from RUF to P. Mr. Nagy:' There is a letter in the file from the Engineering Division which states there is no storm drainage available to service the proposed additional parking areas to the south of the existing funeral home and that under their current policies, Wayne County Road Commission will not accept additional drainage into the Middlebelt Road right- of-way. Consumers Power Company, in its letter dated February 9, 1973, states they have no objection to the proposed zoning change. Mr. Andrew: The reason for the letter from the Engineering Division is to alert you: to the fact that you do have a drainage problem and you should alert your engineer to that fact. One thing that bothers me with the site plan that the petitioner has submitted in connection with this rezoning is that you show another access driveway which would give you three. Is there any way to eliminate one driveway? The north driveway shows as an ingress drive off the road. Mr. Manns: It was originally but this has changed. It is too narrow to use for both ingress and egress. Mr. Pinto: What we are considering tonight is a rezoning request and the site plan presumably will be a subsequent matter. I wonder if this is the proper time to discuss the driveway. 5244 Mr. Andrew: I always felt that traffic is a consideration of zoning and that is why I brought up the question of an additional curb cut. Mr. Manns: The reason for the change in the north drive is that it is too close to Six Mile and any traffic coming from the north wouldn't have time to get into the lanewithout interfering with traffic going north so that the south drive is a much better drive for the two-way traffic. The north drive could be changed or closed if you insisted but I see no purpose for the change and it helps a great deal in evacuating the parking lot. Mr. Andrew: Well, we can get into this on a site plan basis. Mr. Nagy, how close is the residential house to this property. Mr. Nagy: From the aerial survey it is approximately fifteen feet from the north property line. Mr. Goetsinger, 11387 Arnold, Redford Township, was present representing his mother, Mrs. Miller, who lives next door to the south. Mr. Andrew: Mr. Goetsinger, you understand this is a rezoning from a residential to a parking classification and will require the erection of a pro- tective wall between your mother's property and the funeral home parking lot. Mr.Goetsinger: I was concerned with the drainage because the property will be quite a bit higher than my mother's. IL, Mr. Andrew: The Engineering Department has indicated that something will have to be done by the petitioner to take care of the storm waters. Mr. Manns: I spoke with Mrs. Miller about the wall. I understand there is an optional way we can go with a greenbelt. I asked her about this and she said she would rather have the greenbelt than the wall. Mr. Andrew: It doesn't matter to us but the Ordinance states that when you submit your site plan you will have to show the wall and only the Zoning Board of Appeals can grant you relief from this, no other Commission can. There was no one else present wishing to be heard regarding this item. Mr. Andrew, Chairman, delcared the public hearing on this petition closed. On a motion duly made by Mr. Falk, seconded by Mrs. Taylor and unanimously adopted, it was #2-36-73 RESOLVED that, pursuant to a Public Hearing having been held on February 20, 1973 on Petition 73-1-1-1 as submitted by Manns- Ferguson Funeral Home requesting to rezone property located on the east side of Middlebelt Road, south of Six Mile Road in the Northwest 1/4 of Section 13, from RUF to P, the City Planning Commission does hereby recommend to the City Council that IL: Petition 73-1-1-1 be approved for the following reasons: • 5245 (1) The proposed zoning change will provide for uses that will i ii be compatible to surrounding uses of the area. (2) Parking uses, when well screened and adequately maintained will not adversely affect residential uses. FURTHER RESOLVED that, notice of the above Public Hearing was • published in the official newspaper, the Livonia Observer, under date of February 3, 1973 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listedin the Proof of Service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is Petition 73-1-1-2 by W. A. Bachman for Michigan Bell Telephone Company, requesting to rezone property located on the east side of Newburgh Road, north of Five Mile Road in the Southwest 1/4 of Section 17, from R-2A to C-1. Mr. Bud Reuffer, representing the petitioner, was present. Mr. Reuffer: At Mr. Nagy's suggestion, we have revised our original request and are asking to rezone 90' of frontage instead of 200' . We are asking for this rezoning to build a telephone exchange building on this parcel to serve the increased demand for telephone service in this area and to handle any future growth in the area. The building will be 80' x 110' located on the south portion. We have 200' under option and in addition, 120' on an offer to purchase. We are proposing now to rezone the 90' to tie in with the 120' zoned commercial. Mr. Andrew: The 120' is existing commercial and you are deleting then from the north 200' the north 110'? Mr. Reuffer: Right. . Mr. Andrew: This building will also contain some offices I presume. Mr. Reuffer: None. I have a rendering here. This is strictly an equipment build- ing. We will have no more than six people assigned at one time. No others but equipment workers. Mr. Andrew: Twenty-four hours a day? Mr. Reuffer: No, there will probably one during the night but no more than six. at one time. Mr. Walter Johnston, 37534 Sherwood Court, was present. ivMr. Johnston: My primary objection isn't so much to the building or its style but the equipment or extension of any commercial action along Newburgh. Five Mile is slowly eroding away to commercial and the people who live on 5246 Five Mile are being approached constantly to sell their homes. n Newburgh Road has very little commercial but most mile roads have gone commercial. There are many areas that could go commercial without affecting housing. We moved away from Detroit and com- mercial and I object based on the fact that Newburgh is a relatively clear road other than churches and schools with very little commercial. I object based on the fact that once the first piece goes, there is little doubt that commercial will continue and erode all the way up to the school. Mr. Andrew: I think the Commission is concerned with the item you mentioned and asked Mr. Nagy to contact the telephone company to see if they would amend their petition. Gerald Burke, 15329 Richfield, was present. Mr. Burke: I don't understand where this building is going to be positioned. Mr. Reuffer: ) The building will be positioned almost half and half in what is the commercial and R-2A area. Mr. Andrew: How far north of the north driveway into Kroger's will you be located? Mr. Nagy pointed out on the plan and explained the location of the proposed building. L Mr. Andrew: To answer your question, approximately 70' north of KrogeA most northerly driveway is the southern boundary of that building. Mr. Burke: There was some conversation about a planned fire station in this area. Mr. Nagy: The same site was a site designated for a fire station but that has been withdrawn and the site relocated. Mr. Burke: Is this zoning required for this building? Mr. Andrew: It can be built as a waiver use in a residential zone. They chose to go this rezoning route rather than the waiver use. Mr. Reuffer: Mr. Nagy suggested we go this way when we spoke with him. Mr. Nagy: Telephone buildings are prohibited to locate in residential zones but this can be waived. They can also locate as a permitted use in the commercial zone. This property is split zoned - part commercial and part residential. It is my feeling that we have surplus commercial zoning in this area and this gives us an opportunity to round out the zoning. We will request that a screen wall be erected to separate the commercial zoning from the residential. j! , Mr. Pinto: I would like to make a comment and observation. As I view the map, a portion of the land is already vacant C-1 and that, as vacant C-1 and 5247 forgetting this petition for the moment, is available to any C-1 use. While this petition as it was amended would extend the commercial L' zoning, it is for what I regard as an institutional type use, a use which I regard as somewhat comparable to a school in physical appearance and less distressing because of the lesser amount of traffic that it will generate. By extending the C-1 District, as a practical matter you eliminate all the commercial because the then entirely zoned commercial area will be used for a building which I don't regard as commercial. That may be the wrong way of looking at it but it seems to me that ironically enough, with the extension of the commercial zoning you wind up with no surplus commercial zoning. I assume if this petition were denied, they would not exercise their option and would probably look for another site. That would then leave a portion zoned commercial subject to any commercial use leaving open the fears you have now, not reducing them at all. Whereas, this petition gets you commercial zoning but an institutional building and while that fear may or may not be justified, you know that the residential is still owned by the Telephone Company and you have an institutuional barrier between the residential and the commercial further to the north. Mr. Johnston: Originally I had understood this would be an administrative office. Has this been changed? Mr. Reuffer: It was never planned for an administrative office. Strictly telephone equipment and this site has been chosen because it is in the center of the area it will be servicing. 110, Mr. Nagy: On the drawing it states "administration". f Mr. Reuffer: What is written there as administration includes a conference room, a lounge, two private offices, toilet facilities, etc. Mr. Johnston: This changes what we had originally heard and Mr. Pinto's point is very well taken. r Mr. Pinto: Does the Telephone Company, to the best of your knowledge, intend to retain ownership of the balance of this property for expansion? Mr. Reuffer: Yes, we have no intention of selling it. Mr. Merrion: Is your wiring for this location all underground? Mr. Reuffer: Yes, when possible we bring them in underground rather than overhead. There was no one else present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mr. Talbot, seconded by Mrs. Taylor and unanimously adopted, it was • '' #2-37-73 RESOLVED that, pursuant to a Public Hearing having been held on ILFebruary 20, 1973 on Petition 73-1-1-2 as submitted by W. A. Bachman for Michigan Bell Telephone Company, requesting to rezone property 5248 located on the east side of Newburgh Road, north of Five Mile Road LI in the Southwest 1/4 of Section 17, from R-2A to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 73-1-1-2 be approved as amended by letter dated February 20, 1973 from W. A. Bachman, Michigan Bell Telephone Company, to rezone only the south 90' of Lot Lla, L2a1 from R-2A to C-1; that portion being legally described as follows: South 90 feet of part of the West 300 feet of the South 15 acres of the North 30 acres of the South 50 acres of the West 1/2 of the Southwest 1/4 of Section 17, Town 1 South, Range 9 East, except the West 60 feet thereof, City of Livonia, County of Wayne and State of Michigan for the following reasons: (1) The proposed zoning change is a minor extension of the exist- ing commercial zoning established within the area. (2) The proposed zoning change will accommodate a use that is compatible to surrounding uses of the area. (3) The proposed zoning change will more logically round out the commercial district established within the area. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under IL date of February 3, 1973 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is Petition 73-1-2-3 by Church of St. Priscilla requesting to be granted a waiver use approval to build a church addition to the present Parish Hall located on the east side of Purlingbrook Road, north of Seven Mile Road in the Southeast 1/4 of Section 2. Mr. Robert Colomina, representing Church of St. Priscilla, was present. Mr. Colomina: What we are here for is to build a new Church. The Church we have now was primarily designed to be a school. The need we have now is for some kind of a hall which we call an activities building. We will use it for Church activities and it will be set up with partitions so that we can make rooms any size we want. Catechism can be held in this hall rather than in the Church we now have. The activities will not enlarge the present seating capacity of 600. Mr. Andrew: What is going in the middle of the median of the center drive. Mr. Colomina: 1 A shrine of some kind. Mr. Andrew: Do you plan to pave the driveway that goes out to Seven Mile? 5249 Mr. Colomina: Yes, I think it is almost a necessity. We granted the City a 20' easement and if this is a condition of approval the only thing I would ask is that we be granted six months to a year before we have to re-pave. Mr. Pinto: It seems to me very reasonable to request a period of time to allow the ground below the driveway to settle. I wonder if six months is enough. There was no one present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mrs. Taylor, seconded by Mr. Pinto and unanimously adopted, it was T.4. #2-38-73 RESOLVED that, pursuant to a Public Hearing having been held on February 20, 1973 on Petition 73-1-2-3 as submitted by Church of St. Priscilla requesting to be granted a waiver use approval to build a church addition to the present Parish Hall located on the east side of Purlingbrook Road, north of Seven Mile Road in the Southeast 1/4 of Section 2, the City Planning Commission does hereby recommend to the City Council that Petition 73-1-2-3 be approved subject to the following conditions : (1) That Site Plan dated January 5, 1973, prepared by Mayotte, Crouse $ D'Haene Architects, Inc. , which is hereby approved, shall be adhered to with the additional conditions that the parking area shall be hard surfaced before issuance of a Certificate of Occupancy and the driveway area shall be hard surfaced within one year after the installation of Branch #2 of Livonia Drain #16. (2) That Landscape Plan dated January 5, 1973, prepared by Mayotte, Crouse f D'Haene Architects, Inc. , which is hereby approved, shall be adhered to. (3) That the completed building shall be in substantial conformity with Building Plans dated February 2, 1973, prepared by Mayotte, Crouse & D'Haene Architects, Inc. , which are hereby approved. (4) That all landscape materials as shown on the approved Landscape Plan shall be installed before issuance of a Certificate of Occupancy. (5) That all landscape materials installed shall be permanently maintained and kept in a healthy condition. FURTHER RESOLVED, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution is adopted. 5250 Mr. Kluver announced the next item on the agenda is a letter dated January 30, 1973 from William Barish requesting the withdrawal of Petition 72-5-1-27 by Henry- M. Rose requesting to rezone property located on the northwest corner of Seven Mile Road and Weyher in the South- west 1/4 of Section 1, from RUF to C-1. On a motion duly made by Mr. Merrion, seconded by Mrs. Taylor and unanimously adopted, it was #2-39-73 RESOLVED that, pursuant to a letter dated January 30, 1973 from William Barish, Attorney for Henry M. Rose, the City Planning Commission does hereby approve the withdrawal of Petition 72-5-1-27 by Henry M. Rose requesting to rezone property located on the northwest corner of Seven Mile Road and Weyher in the Southwest 1/4 of Section l,from RUF to C-1 and deems that no further action by the City is necessary. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Pinto, seconded by Mr. Kluver and unanimously adopted, it was #2-40-73 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, as amended by Ordinance #988, the City Planning Commission does hereby determine to approve Petition 73-2-8-3P by Eugene F. I: Pulice requesting approval of all plans required by Section 18.58 submitted in connection with the construction of speculative commercial buildings on property located on the north side of Five Mile Road between Harrison and Middlebelt in Section 13, subject to the following conditions: (1) That Site Plan, Job #73-121, Drawing S-2, revised 2/20/73, which is hereby approved, shall be adhered to. (2) That Building Elevation Plan, Job #73-121, Drawing A-2, dated 2/20/73, which is hereby approved, shall be adhered to. (3) That Landscape Plan prepared by Harold Thomas Nursery, Sheet L-1, dated 2/20/73, which is hereby approved, shall be adhered to. (4) That all landscape materials as shown on the .approved Landscape Plan shall be installed before issuance of a Certificate of Occupancy with the exception of those plant materials located west of the entry drive on Five Mile Road leading into the shopping center; this portion of the landscaping to be installed before the issuance of a Certificate of Occupancy is granted for the second phase of the development. t Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution is adopted. On a motion duly made by Mr. Pinto, seconded by Mr. Talbot and unanimously adopted, it was 5251 #2-41-73 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, as amended by Ordinance #990, the City Planning Commission does hereby recommend to the City Council that Petition 73-2-8-5 by General Sign Company requesting approval of sign design plans as required by Section 18.47 submitted in connection with the erection of proposed signs on existing buildings located within the shopping center located on the northwest corner of Farming- • ton Road and Seven Mile Road in the Southeast 1/4 of Section 4, be approved subject to the following conditions: (1) That Sign Plan dated 2/20/73 indicating the sign size and location for Sav-On Drugs, which is hereby approved, shall be adhered to. (2) That Sign Plan dated 2/20/73 indicating the sign size and location for Winkelman's Today Shop, which is hereby approved, shall be adhered to. (3) That Sign Plan dated 2/20/73 indicating the sign size and location for the Bonanza Sirloin Pit, which is hereby approved, shall be adhered to. (4) That Sign Plan dated 2/20/73 indicating the sign size and location for the Kinney Shoe store, which is hereby approved, shall be adhered to. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. j Mr. Kluver announced the next item on the agenda is Petition 71-3-7-5 by the City Planning Commission to amend Part V of the Master Plan, the Master School $ Park Plan, so as to incorporate property located north of Lyndon, south of Jamison in the Northeast 1/4 of Section 24. On a motion duly made by Mr. Kluver, seconded by Mr. Falk and unanimously adopted, it was #2-42-73 RESOLVED that, pursuant to a Public Hearing having been held on Petition 71-3-7-5 by the City Planning Commission to amend Part V of the Master Plan, the Master School $ Park Plan, so as to f '' incorporate property located north of Lyndon, south of Jamison in the Northeast 1/4 of Section 24, the City Planning Commission does hereby determine to withdraw Petition 71-3-7-5 and deems that no further action by the City is necessary. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. • Mr. Kluver announced the next item on the agenda is a motion by the City Plan- • ning Commission, pursuant to Council Resolution #81-73, to hold a public hearing to determine whether or not to amend Sections 27.04 and 29.04 of Ordinance #543, the Zoning Ordinance of the City of Livonia, 3 so as to provide for designation of minimum and maximum height and story limitations for buildings located in the R-8 and R-9 Zoning Districts. c, 5252 1[0 On a motion duly made by Mr. Pinto, seconded by Mr. Merrion and unanimously adopted, it was #2-43-73 RESOLVED that, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and pursuant to Council Resolution #81-73, the City Planning Commission does hereby establish and order that a public hearing be held to deter- mine whether or not to amend Sections 27.04 and 29.04 of Ordinance #543, so as to provide for designation of minimum and maximum height and story limitations for buildings located in the R-8 and R-9 Zoning Districts. FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that there shall be a report submitted and recommendation thereon to the City Council. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Talbot and seconded by Mr. Merrion, it was #2-44-73 RESOLVED that, the City Planning Commission does hereby determine to remove Petition 72-10-2-34 by United Construction Company, Inc. requesting to be granted a waiver use approval to operate a special trade controctor's business on property located on the south side of Eight Mile Road between Merriman and Milburn in the Northwest 1/4 of Section 2 from the table. A roll call vote on the foregoing resolution resulted in the following: AYES: Falk, Friedrichs, Merrion, Pinto, Talbot, Kluver, Andrew NAYS: Taylor ABSENT: Hand Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Pinto: Does this petitioner have a violation? Mr. Nagy: He bought the lot next to him assuming he could use the land. Mr. Merrion: I assume that if we do continue to table it then we continue to allow the use even though he has been issued a violation. Mr. Andrew: I would assume so. Mr. Pinto: Regarding U-Haul, the City Attorney and the Attorney for U-Haul agreed he would have time to file a petition and get action on it without affecting what was going on in court. ILleMr. Nagy: On the matter of the cease and desist order given to United Construction Company -- it is the policy of the Building Department that the aggrieved 5253 property owner petitions to relieve the violations through the appropriate channels. They extend the period of cease and desist until to the petitioner has exhaused the administrative procedures, and they don't prosecute until these procedures are exhausted. A violation has been issued to cease and desist. They have thirty days in order to do that. The United Construction Company in order to avoid the violation, has now sought the appropriate remedy to become a permitted use. • On a motion duly made by Mr. Kluver and seconded by Mrs. Taylor, it was #2-45-73 RESOLVED that, the City Planning Commission does hereby determine to table Petition 72-10-2-34 by United Construction Company, Inc. ;•,-.' requesting to be granted a waiver use approval to operate a special trade contractor's business on property located on the south side of Eight Mile Road between Merriman and Milburn in the Northwest 1/4 of Section 2 until such time as an overall comprehensive land use and zoning study for this area has been completed. A roll call vote on the foregoing resolution resulted in the following: AYES: Falk, Friedrichs, Kluver, Andrew, Taylor NAYS: Merrion, Pinto, Talbot ABSENT: Hand Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. LMr. Kluver announced the next item on the agenda is a letter dated February 13, . 1973 from Leo Snage, President, St. Mary's Orthodox Church, request- ing an extension of tiem for submission of a landscape plan in connection with Petition 72-5-2-10 by St. Mary's Orthodox Church requesting to be granted a waiver use approval to erect a church on property located on the east side of Merriman Road between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 11. On a motion duly made by Mr. Pinto, seconded by Mr. Talbot and unanimously adopted, it was #2-46-73 RESOLVED that, pursuant to a letter dated February 13, 1973 from Leo Snage, President, St. Mary's Orthodox Church, the City Plan- ning Commission does hereby determine to grant an extension of approval on Petition 72-5-2-10 by St. Mary's Orthodox Church re- questing to be granted a waiver use approval to erect a Church on property located on the east side of Merriman Road between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 11, for a period of thirty (30) days to allow the petitioner to complete and submit a detailed landscape plan. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. • 1Ei W On a motion duly made, seconded and unanimously adopted, the 253rd Regular 5254 Meeting held by the City Planning Commission on February 20, 1973 { was adjourned at approximately 9:15 p.m. CITY PLANNING COMMISSION /1-07,/frt-lciAi , dtAr-e.n Herman H. Kluver, Secretary l e � ATTEST: ./, / O . Daniel R. drew; hairman I ac