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HomeMy WebLinkAboutPLANNING MINUTES 1975-01-14 5709 MINUTES OF THE 288th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, January 14, 1975, the City Planning Commission of the City of Livonia, 41, held its 288th Regular Meeting and a Public Hearing 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 8:05 P.M. with approximately 35 interested persons in the audience. Members Present: Daniel R. Andrew Suzanne Taylor Joseph J. Falk Francis M. Hand Esther Friedrichs William Scruggs Joseph J. Talbot Charles Pinto Members Absent: Herman Kluver (Company Business) 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 the evening's agenda involved a question of rezoning or vacating then the Planning Commission would only recommend to the City Council that certain action be taken whereupon the Council would ultimately decide whether or not to approve or deny the petition. Further if a petition involved a waiver of use request that is denied, the petitioner had ten days in which to appeal the decision to the Council, otherwise the petition will automatically terminate at the the Commission level. Mr. Falk, Secretary announced the first item on the agenda, Petition 74-11-3-13 by Robert Sayig requesting to vacate a portion of an easement located on the east side of Yale Avenue, north of Scone Avenue, in the Southeast 1/4 of Section 20 and the Southwest 1/4 of Section 21. Mr. Andrew: Is there any correspondence on this petition? Mr. Nagy: There is a letter from Michigan Bell Telephone which states that they wish to retain the 6 foot easement in the rear of this property. Detroit Edison advises that a 6 foot easement is required in the rear of this property in order to properly maintain their equipment and therefore, they object to the vacation of the easement. City Division of Engineering reports that there appears to be no city facilities but, it is designated for surface drainage purposes. Mr. Sayig: I understood the office of Detroit Edison was forwarding another letter to you. Mr. Nagy: We do have another letter from Edison which states they have no authority to grant approval of use of the easement. Mr. Andrew: Why can't you move the shed? Mr. Sayig: It has a foundation. It would not be easy to move. Let me make it clear the foundation is cinder block buried about 4 inches. • 5710 Mr. Hand: If Michigan Bell or Edison wanted you to move this structure would you move it? Mr. Sayig: I showed letters to Michigan Bell and Edison that I would dismantle the shed if they needed to work in this area. Mr. Hand: Does the Engineering Department feel this is an impediment to the drainage? Mr. Nagy: The Engineering Department letter is not fully clear on that point. You have to make your own conclusion from their letter. Mr. Hand: I do not feel that the Engineering Department is trying to say that this structure will impede the flow of water. Mr. Pinto: The question is really not the approval of the shed. The question before us is whether or not to recommend the vacating of the easement. I suggest that Edison and Michigan Bell can agree to the encroachment because the easement is in their favor. I would like to know whether the City can approve by some form the continuance of the shed on the easement. I would like an opinion from the Law Department. There was no one else present wishing to be heard and the Chairman closed the public hearing on this item. On a motion duly made by Mr. Hand, seconded by Mrs. Taylor and unanimously adopted, it was #1-1-75 RESOLVED that, pursuant to a Public Hearing having been held on January 14, 1975 on Petition 74-11-3-13 by Robert Sayig requesting to vacate a portion of an easement located on the east side of Yale Avenue north of Scone Avenue, in the Southeast 1/4 of Section 20 and the Southwest 1/4 of Section 21, the City Planning Commission does hereby determine to table this item to the Study Meeting of February 4, '1975. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-12-1-36 by Donald J. Summers to rezone property located on the east side of Farmington Road, south of Norfolk in the Northwest 1/4 of Section 3, from R-3 to P.S. Mr. Nagy: There is no correspondence for or against this petition. Mr. Summers: I represent the Livonia Professional Plaza. We would like to add on an additional 12,000 ft. We are now located to the south of this property. Mr. Talbot: Will the architecture be the same type. Mr. Summers: They will be identical buildings. Mr. Falk: Do you own this property now? • 5711 Mr. Summers: Yes. Mr. Falk: Do you own additional property to the north? 1111: Mr. Summers: No. Mr. Falk: What is to the north? Mr. Summer: Single family house. Mr. Falk: How old is the house on the subject property? Mr. Summers: About 35 years old. 1r. Falk: John, do you have any objection to what they propose? Mr. Nagy: The staff has no objection. Mrs. Taylor: Do you own the property that is immediately east of the property you wish to have rezoned? Mr. Summers: Yes, but we are leaving that residential in order to divide some into two residential lots complying with the R-3 Zoning District Regulations. Mr. Pinto: What are the dimensions of the remaining portions to the east not included in this petition? Mr. Summers: I am asking for 165 x 230 feet to be left in the residential classification. C.J.Miller: I am against the rezoning. 20018 Shadyside R. Kerst: The greenbelt that was supposed to be put up was never put up. 20013 Farmington The greenbelt was supposed to be green all year. The shrubs lose their leaves during the winter. If they are taken care of then we have no objection. Also there is a light that shines right into our window. Mr. Andrew: That light is bright. Can you do something about it? Mr. Summer: Yes, I can. James Jones: When he builds on the back will he build according to code? Lot #26 Mr. Andrew: He will have to meet zoning requirements. There was no one else present wishing to be heard and the Chairman closed the public hearing on this item. On a motion duly made by Mr. Talbot, seconded by Mr. Falk and unanimously adopted, it was 5712 #1-2-75 RESOLVED that, pursuant to a public hearing having been held on January 14, 1975 on Petition 74-12-1-36 by Donald J. Summers to rezone property located on the east side of Farmington Road, south of Norfolk in the Northwest 1/4 of Section 3, from R-3 to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 74-12-1-36 be approved for the following reasons: (1) The proposed expansion of professional service zoning will not be detrimental to the surrounding uses of the area. (2) The proposed expansion of professional service development will provide for an expanded buffer zone so as to more appropriately separate the residential neighborhood to the east from the adverse effects of the heavily travelled thoroughfare. (3) The PS Zoning District Regulations are designed so as to insure that the site development and architectural treatment of the development will be architecturally compatible to and in harmony with the abutting residential neighborhood. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Observer-Eccentric under date of December 23, 1974 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-12-1-37 by Roy I. Albert, Architect for Michigan National Bank, to rezone property located on the west side of Woodring Avenue north of Five Mile Road in the Southwest 1/4 of Section 15, from R-1 and P to C-2. Mr. Nagy: Engineering Department advised that sanitary sewers exist within this area. The sanitary sewer would have to be relocated. There is a letter on file from a resident of 15320 Woodring advising they are not in favor of the rezoning. Mr. Andrew: How do you intend to handle your parking? You are planning to increase your building, the parking is bad already and with your planned building expansion you will generate a need for additional parking and no additional land is available to you? Ray Albert: Our computations indicate there will be enough parking spaces Architect even with an addition to the building. Mrs. Taylor: What are the parking spaces required? Mr. Nagy: The size of the parking spaces are not valid parking spaces pursuant to Zoning Ordinance #543. 5713 Mrs. Friedrichs: Expansion to the north is not feasible. I believe the expansion should be to the west. Mr. Andrew: What about the relocation of the sanitary sewer? Mr. Albert: We would relocate the sewer. Mr. Hand: What is the reason for the expansion? Mr. Albert: You can ask Mr. Lassaline the bank's representative. Mr. Lassaline: We need it for storage space for records. Mr. Falk: You need parking not an addition. Mr. Lassaline: We moved 26 employees in February to the Plymouth and Wayne location. We have a problem of storage for records and for forms. Mr. Thornton: Some additional parking was put into use recently. The 15314 Woodring building they want to expand will cut down on this parking. There was no one else present wishing to be heard and the Chairman closed the Public Hearing on this item. On a motion duly made by Mrs. Friedrichs, seconded by Mr. Scruggs and unanimously adopted, it was #1-3-75 RESOLVED that, pursuant to a public hearing having been held on January 14, 1975 on Petition 74-12-1-37 by Roy I. Albert, Architect for Michigan National Bank, to rezone property located on the west side of Woodring Avenue, north of Fitie Mile Road in the Southwest 1/4 of Section 15, from R-1 and P to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 74-12-1-37 be denied for the following reasons: (1) The proposed change of zoning so as to allow an expansion of commercial uses would be detrimental to the nearby established residential uses of the abutting neighboring area. (2) The proposed change of zoning would allow for expansion of commercial zoning into an area designated for parking which is inconsistent with the Civic Center Area Master Plan. (3) The proposed change of zoning would allow for an expansion of commercial uses into a parking buffer zone which would be detrimental to the abutting residential neighborhood to the north by virtue of the increased intensity of use and the lack of additional lands to accommodate any increase in offstreet parking as would be generated by the increase and expansion of use. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper the Observer Eccentric, under date of December 23, 1974 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. 5714 The Chairman declared the motion carried and the foregoing resolution adopted. The Chairman passed the gavel to Suzanne Taylor, Vice Chairman Pro Tem at this time. On a motion duly made by Mr. Andrew, seconded by Mr. Scruggs and unanimously adopted, it was #1-4-75 RESOLVED that, the City Planning Commission, pursuant to Section 23.01(b) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to rezone property located on Woodring Avenue north of Five Mile Road in the South- west 1/4 of Section 15, being legally described as follows: South 38' of Lot 52 and all of Lot 72, Brightmoor Home Acres Subdivision as recorded in Liber 51, Page 1 of Wayne County Records, said subdivision being a part of the Southwest 1/4 of Section 15, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. from R-1 (one family residential) and P.S. (professional service) to P (parking) . FURTHER RESOLVED, that a hearing be held and notice be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance, as amended, of the City of Livonia, and there shall be a report and recommendation submitted to the City Council. The Vice President Pro Tem declared the motion carried and the foregoing resolution adopted. The gavel was returned to the Chairman at this time. The Secretary announced the next item on the agenda, Petition 74-12-2-21 by Continental Restaurant Systems Inc. , requesting to be granted a waiver use approval to construct and operate a restaurant on property located on the east side of Middlebelt between St. Martins and Bretton in the Southwest 1/4 of Section 1. Mr. Nagy: There is no correspondence due to the fact that site plans were received January 14, 1975. Mr. Duggan: This is to be owned and operated by Continental Restaurant, Inc. Division of Ralston Purina. It is a very high quality restaurant. The parcel is zoned C-2 already. This development will bring traffic that will be somewhat compatible to that area. It will be open from 11:30 a.m. to midnight. There will be no peak traffic in the morning. It is not a fast food type organization. Mr. Andrew: Does the petitioner have an option to buy? Mr. Duggan: That's right. Mr. Andrew: Is the land to the south under one ownership? 5715 Mr. Nagy: Yes, it is. Mr. Andrew: What will you do to St. Martin? Mr. Duggan: We really do not wish to get into that subject. Mr. Andrew: Does site meet specific requirements of Zoning Ordinance. Mr. Nagy: The site plan meets the specific standards of the Zoning Ordinance relative to restaurants, but not the sign plan shown thereon. Mr. Scruggs: Have any marketing surveys been made? Mr. Burnett: We have not had a survey but individuals have come in and stated there is a need and we do not feel that competively we would be in competition with Cordoba. We have a limited menu, steak and lobster only. It will have old English decor. Mr. Andrew: Where is the closest franchise? Mr. Duggan: Grand Rapids. W. Giacobbi: I am afraid this will be a success and we have more traffic 29138 St. Martin now than you can stand. M. Matkovich: 29154 St. Martins I understand that our drainage will not take this sort of facility. Our water problem is bad now. I do not think we need another restaurant. Mr. Latis: We need another restaurant like we need another pothole 29120 St. Martin or another tire company. Mr. Duggan: From a childrens standpoint this restaurant could be the best thing that could go in here. There was no one else present wishing to be heard and the Chairman closed the Public Hearing. On a motion duly made by Mr. Talbot, seconded by Mr. Scruggs and unanimously adopted it was #1-5-75 RESOLVED that, pursuant to a Public Hearing having been held on Petition 74-12-2-21 January 14, 1975, by Continental Restaurant Systems Inc. , requesting to be granted a waiver use approval to construct and operate a restaurant on property located on the east side of Middlebelt between St. Martins and Bretton in the Southwest 1/4 of Section 1, the City Planning Commission does hereby determine to table this item until the Study Meeting of February 4, 1975. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the enxt item on the agenda, Petition 74-12-2-22 by Continental Restaurant Systems, Inc. , requesting to be granted a waiver of use approval to operate a Class C Liquor Licensed establishment on property located on the east side of Middlebelt between St. Martins and Bretton in the Southwest 1/4 of Section 1. 5716 Wm. Giacobbi: I am opposed to this petition. There was no one else present wishing to be heard and the Chairman closed the public hearing on this item. I On a motion duly made by Mr. Talbot, seconded by Mr. Falk and unanimously adopted it was #1-6-75 RESOLVED that, pursuant to a public hearing having been held on January 14, 1975 on Petition 74-12-2-22 by Continental Restaurant Systems, Inc. , requesting to be granted a waiver use approval to operate a Class C Liquor Licensed establishement on property located on the east side of Middlebelt between St. Martins and Bretton in the Southwest 1/4 of Section 1, the City Planning Commission does hereby determine to table this item to the Study meeting of February 4, 1975. The Chairman declared the motion carried and the foregoing resolution adopted. The Chairman declared a brief recess at this time. The Meeting was resumed with the same Commissioners present as were present for the original roll call. Mr. Falk announced the next item on the agenda, Petition 74-10-1-32 by R. H. House, Chatham Super Markets, Inc. , requesting to rezone property located at the southwest corner of Five Mile and Newburgh Roads in the Northeast 1/4 of Section 19, from C-1 to C-2. On a motion duly made by Mr. Hand, seconded by Mr. Falk and unanimously adopted it was #1-7-75 RESOLVED that, pursuant to a Public Hearing having been held on November 26, 1974 on Petition 74-10-1-32 by R. H. House, Chatham Super Markets, Inc. , requesting to rezone property located at the southwest corner of Five Mile and Newburgh Roads in the Northeast 1/4 of Section 19, from C-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 74-10-1-32 be approved for the following reasons: (1) The proposed change of zoning from the existing classification of C-1 to that of the C-2 category is of such minor size that the proposed change of use so as to allow for a broader range of commercial uses will not adversely affect the surrounding uses of the area or the nearby existing uses of the neighborhood. (2) The proposed area under petition has already been pre-planned and regulated with respect to development by virtue of site plan approval granted under Planning Commission Resolution #6-127-74 and Council Resolution #614-74 which controls and regulates the full site development. • 5717 (3) The proposed change of zoning so as to provide a very limited increase in general commercial uses will promote a more viable shopping complex by virtue of the increased flexibility in tenant mix. t FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper the Observer-Eccentric 46 under date of November 7, 1974 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, letter dated November 13, 1974 from E. P. Nagel requesting a one-year extension of approval of Petition 73-8-2-21 by Junior Achiement of Southeastern Michigan, Inc. , requesting to be granted a waiver of use approval to construct a community building for Junior Achievement activities on property located at the northwest corner of Farmington Road and Lyndon Avenue in the Northeast 1/4 of Section 31. On a motion duly made by Mr. Talbot, seconded by Mrs. Taylor and unanimously adopted it was #1-8-75 RESOLVED that, pursuant to a request dated November 13, 1974 from E. P. Nagel requesting a one year extension of approval of Petition 73-8-2-21 by Junior Achievement of Southeastern Michigan, Inc. , requesting to be granted a waiver use approval to construct a community building for Junior Achievement activities on property located at the northwest corner of Farmington and Lyndon in the Northwest 1/4 of Section 31, the City Planning Commission does hereby grant an extension for a period of one year from the date of the+.s resolution. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-10-2-19 by Zervos Associates requesting a waiver of use approval to fill in a portion of a flood plain area located at the southwest corner of Munger and Middlebelt in the Northeast 1/4 of Section 14. On a motion duly made by Mr. Scruggs, seconded by Mrs. Friedrichs and unanimously adopted it was #1-9-75 RESOLVED that, pursuant to a public hearing having been held on December 10, 1974 by Zervos Associates requesting a waiver of use approval to fill in a portion of a flood plain area located at the southwest corner of Munger and Middlebelt in the Northeast 1/4 of Section 14, the City Planning Commission does hereby recommend to the City Council that Peti'.ion 7410-2-19 be approved for the following reasons: (1) The petition complies with the Flood Plain District regulations Section 28.04(a) . 5718 (2) The need for the reshaping and regrading of the flood plain arose from the public safety requirment as recommended by the • Fire Department so as to have vehicular access available to all four sides of the building. Vehicular access to the south side of the building can only occur by traversing a portion of the flood plain and this necessitates the regrading and reshaping of the flood plain. (3) It has been recommended by the Division of Engineering that based upon the information as shown on Drawing BG-4081, prepared by Postiff Company, revised 11/27/74, submitted in connection with Petition 74-10-2-19 that the flow characteristics of the flood plain will be improved as a result of the re- shaping, regrading and the general clearance of the under- brush and growth that presently occurs within the subject area of the flood plain. (4) The clearing of growth and underbrush shall be cleared and completed on or before May 15, 1975. FURTHER RESOLVED that, 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-11-1-35 by Brashear, Brashear & Duggan for Michigan National Bank-Metro West to rezone property located at the southwest corner of Puritan Avenue and Middlebelt Road in the Southeast 1/4 of Section 14, from RUF to P.S. On a motion duly made by Mr. Hand, seconded by Mrs. Taylor and unanimously adopted it was #1-10-75 RESOLVED that,the City Planning Commission does hereby determine to reconsider its action taken under Resolution #12-241-74 adopted on December 10, 1974, wherein Petition 74-11-1-35 by Brashear, Brashear & Duggan for Michigan National Bank-Metro West to rezone property located at the southwest corner of Puritan Avenue and Middlebelt Road in the Southwest 1/4 of Section 14, from RUF to C-1 was tabled until the Planning Commission's first study meeting in February 1975. The Chairman declared the motion carried and the foregoing resolution adopted. On a motion dulyimade by Mr. Hand and seconded by Mr. Talbot, and unanimously adopted it was #1-11-75 RESOLVED that, pursuant to a public hearing having been held on December 10, 1975 on Petition 74-11-1-35 by Brashear, Brashear & Duggan for Michigan National Bank-West Metro to rezone property located at the Southwest corner of Puritan Avenue and Middlebelt Road in the Southeast 1/4 of Section 14, from RUF to C-1, and as amended by letter dated December 12, 1975 from Gerald M. Conley of the firm of Brashear, Brashear & Duggan so as to request a rezoning from RUF to P.S. , the City Planning Commission does hereby determine to table Petition 74-11-1-35 until the Planning Commission study meeting of January 21, 1975. 5719 The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mrs. Taylor, seconded by Mr. Scruggs and adopted it was #1-12-75 RESOLVED that, pursuant to a Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, the City Planning Commission does hereby approve Petition 74-11-8-44P by Sun Oil Company requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to build a self-service gasoline station and speculative commercial building on property located on the north side of Schoolcraft between Middlebelt Road and Beatrice in Section 23, subject to the following conditions: (1) That Site and Landscape Plan #2-1362 Fa, revised 1/9/75, prepared by Sun Oil Company, which is hereby approved, shall be adhered to. (2) That the building elevations as shown on Drawing SP-1 24/74, dated 2/5/74, prepared by Sun Oil Company, which are hereby approved shall be adhered to. (3) That the landscaping as shown on the approved Site and Landscape Plan shall be installed on the site before issuance of a Certificiate of Occupancy. (4) That all landscaping installed on the site shall be maintained in a permanent healthy condition. (5) That the petitioner work with the Planning Staff in establishing a compatible sign treatment for the site. A roll call vote resulted in the following: AYES: Friedrichs, Scruggs, Pinto, Talbot, Taylor, Andrew NAYS: Hand, Falk ABSENT: Kluver The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-10-8-43P by 7-Eleven Food Stores requesting approval of all plans required by Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, submitted in connecetion with a proposal to construct a 7-Eleven Food Store on property located on the east side of Middlebelt Road between Joy Road and Cathedral in Section 36. On a motion duly made by Mr. Scruggs, seconded by Mr. Talbot and unanimously adopted it was #1-13-75 RESOLVED that, pursuant to Section 18.58 of Ordinance #553, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, the City Planning Commission does hereby approve Petition 74-10-8-43P by 7-Eleven Food Stores requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to construct a 7-Eleven Food Store on property located on the east side of Middlebelt Road between Joy Road and Cathedral in Section 36, subject to the following conditions: 5720 (1) That Site and Landscape Plan #7422-H, Sheet 1, as revised 1/8/75, prepared by Tom W. Zoedes Associates, which is hereby approved shall be adhered to. (2) That building elevations as shown on Plan #73F, Sheet A2, prepared by Tom W. Zoedes Associates which is hereby approved shall be adhered to. (3) That the landscaping as shown on the approved Site and Landscape Plan shall be installed on the site before issuance of a Certificate of Occupancy. (4) That all landscaping installed on the site shall be permanently maintained in healthy condition. The Chairman deckared the motion carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 288th Regular Meeting and Public Hearings held by the City Planning Commission on January 14, 1975 was adjourned at 10:30 p.m. CITY PLANNING COMMISSION Jo eph J4 F41 , Secretary ATTEST: Daniel R. Andrew, Chairman