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HomeMy WebLinkAboutPLANNING MINUTES 1975-02-11 r7� �Y 5725 MINUTES OF THE 290th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA 1 On Tuesday, February 11, 1975, the City Planning Commission of the City of Livonia held its 290th 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 25 interested persons in the audience. Members present: Francis Hand Herman Kluver Joseph Talbot Daniel R. Andrew Joseph Falk William Scruggs Esther Friedrichs Members absent: Charles 'Pinto (Illness) Suzanne Taylor (Personal) 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. Mr. Falk, Secretary announced the first item on the agenda, Petition 75-1-1-1 by 10/ the TSSNC Land Company to rezone property located at the northwest corner of Farmington Road and Orangelawn in the Northeast 1/4 of Section 33, from RUF to PS. Mr. Andrew: Is there any correspondence in file? Mr. Nagy: There is a letter from the Division of Engineering stating the easement will not interfere with building location. Robert Thompson: The complex would have an egress and ingress off Farmington Road only. The property abutts property presently zoned PS The doctors would like to attempt a medical complex here. They wish to provide family practicing physicians. They want to add facilities for obstetrics and gynecology patients. A protective wall will be put up where the property abutts the residential property. The trees within the complex will be retained. A greenbelt will be planted in such a manner to compliment arrangement that now exists. We feel this is in conformance of the zoning pattern of the existing area. Mr. Talbot: Does Dr. Vaitus own Lot #134? Mr. Thompson: Not any more, the four doctors own it. Mr. Hand: There are some very nice homes in that area. It would have to be a very nice development. There would have to be a lot of screening for that development. I: Mr. Thompson: I have called on a lot of the neighbors and they are here tonight. I realize the greenbelt is a vital area to be considered. I agree with you and this will be a high quality development. 5726 Mr. Falk: I do not see how the land use fits into the pattern. You. are going into a residential area. Once you expand you are eliminating the lots behind you. I do not think we need the facility. Mr. Thompson: I do not know how accurate your statistics are but I disagree with your remarks about the need for this center. My word is good. I have appeared before the Planning Commission before and have always lived up to my word. You can judge by the record. If I say there will be trees, there will be trees there. Mr. Calloway: I have a petition signed by 19 residents of Orangelawn who 33427 Orangelawn are opposed to the rezoning. Mr. Hand: There are 37 lots, how many people did you survey? Mr. Calloway: I surveyed 22 people in the area and 19 signed it. Mr. Andrew: Did Lot #140 sign your petition? Mr. Calloway: I could not contact her. On the telephone she stated she was interested in signing it. Mr. Talbot: An accounting firm was going to put up a building. Whatever happened? to Mr. Calloway: Russell Lin owns those lots and he does not object to the rezoning. Mr. Talbot: Would you oppose it if there was no egress and ingress off of Orangelawn. Mr. Calloway: Yes, I would still object to it because of the traffic situation. Gloria Brown: I signed the petition and I wish to have my name removed from it. 10375 Farmington I have changed by mind. I want the wall up not green shrubs. Lot 131A There are no trees on the property anymore. Mr. Andrew: I would encourage that there be no egress and ingress off of Orangelawn. David Arthur: There is quite a bit of traffic most of the times. I spend ten minutes trying to get out of Orangelawn now. Dennis Leland: We do not need another medical facility in the area. We do not 33684 Orangelawn need two or three in the same block. They are closing schools as the population is dropping. I do not care how pretty they are making it, they are making a business not a park. This is going to hurt my property value. John Welch: If this rezoning goes in would you say the value would go up Lot 175 or down? Mr. Andrew: I am not an appraiser and I cannot answer that question. 5727 Mr. Leland: You stated you did not have control over this situation. Mr. Andrew: We do have the power to limit the egress and ingress on Orangelawn through the requirement of site plan approval which is a prerequisite to the issuance of a building permit. Mr. Falk: I would not buy a house there with this proposed expansion going in there. 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 Mr. Falk and unanimously adopted, it was #2-21-75 RESOLVED that, pursuant to a public hearing having been held on February 11, 1975, on Petition 75-1-1-1 by the TSSNC Land Company to rezone property located at the northwest corner of Farmington Road and Orangelawn in the Northeast 1/4 of Section 33 from RUF to P.S., the City Planning Commission does hereby determine to table this item until the March 4, 1975 study meeting. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, Petition 75-1-1-2 by Jack Bingham requesting to rezone property located at the southeast corner of Five Mile Road and Levan Road in the Northeast 1/4 of Section 20, from P.S. to P. Mr. William Ponder was present and gave a brief presentation to the Planning Commission explaining the need for the parking zone. no There was/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 Mrs. Friedrichs and unanimously adopted, it was #2-22-75 RESOLVED that, pursuant to a public hearing having been held on February 11, 1975 on Petition 75-1-1-2 by Jack Bingham to rezone property located at the southeast corner of Five Mile Road and Levan Road in the Northeast 1/4 of Section 20, from PS to P, the City Planning Commission does hereby recommend to the City Council that Petition 75-1-1-2 be approved for the following reasons: (1) The proposed change of zoning to provide for a parking zone would promote an improved overall site development by way of allowing an expanded parking area for patrons and employees of the auto tune-up center located within the adjacent C-2 zone as well as by providing an expanded area for maneuvering and stacking up of cars associated with the auto wash facility also located within the adjacent C-2 zone. (2) The proposed change of zoning to create a parking zone is consistent with the general pattern of development presently developed in the area. 5728 (3) The proposed change of zoning providing for a parking zone which limits the use of the property to only the parking of cars would not be detrimental to nor discourage the orderly and appropriate development of the surrounding area. (4) Parking uses, when well screened and adequately landscaped, are not detrimental to adjacent residential neighborhoods. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, Observer-Eccentric under date of January 20, 1975 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway 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. The Secretary announced the next item on the agenda, Petition 74-12-1-38 by the City Planning Commission on its own motion to rezone property located east of Farmington Road between the C & 0 Railway and Capitol Avenue in the Southwest 1/4 of Section 27, from M-2 to M-1. Mr. Nagy: There is a letter on file from the Industrial Coordinator which states that the current usage is not detrimental to the existing zoning. Charles Allen: I own this lot and the building on the property. We just bought E2A1. The stamping company will be nonconforming to M-1. I would never have bought the property if it was going to be downgraded to M-1. Mr, Andrew: In view of the comments of the Industrial Coordinator and your views sir, we will entertain a motion to withdraw this petition. On a motion duly made by Mr. Hand, seconded by Mr. Scruggs and unanimously adopted, it was #2-23-75 RESOLVED that, pursuant to a public hearing having been held on February 11, 1975 on Petition 74-12-1-38 by the City Planning Commission on its own motion to rezone property located east of Farmington Road between the C & 0 Railway and Capitol Avenue in the Southwest 1/4 of Section 27, from M-2 to M-1, the City Planning Commission does hereby determine to withdraw this petition. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, Petition 74-12-2-23 by Leon and Tom Pritchard requesting to be granted a waiver use approval to establish a real estate office in an existing building located on the north side of Five Mile Road between Brookfield and Mayfield in the Southwest 1/4 of Section 15. i Mr. Andrew: How much square footage of building floor area are we talking about: L. Pritchard: 450 square feet. 5729 There was no one else present wishing to be heard on this petition and the Chairman closed the public hearing. On a motion duly made by Mrs. Friedrichs,, seconded by Mr. Hand and unanimously adopted, it was #2-24-75 RESOLVED that, pursuant to a public hearing having been held on February 11, 1975 on Petition 74-12-2-23 by Leon and Tom Pritchard requesting to be granted a waiver use approval to establish a real estate office in an existing building located on the north side of Five Mile Road between Brookfield and Mayfield in the Southwest 1/4 of Section 15, the City Planning Commission does hereby recommend to the City Council that Petition 74-12-2-23 be approved for the following reasons: (1) The proposed use fully complies with Zoning Ordinance #543, as amended, Section 9.03, Waiver Uses. (2) The proposed development will not be detrimental to nor inconsistent with the surrounding established uses of the neighborhood. (3) The site area of the proposed use has the capacity to accommodate capacity to accommodate the planned use in that there is both full compliance with the requirements of the Zoning Ordinance and the site has been previously approved and regulated through the Civic Center Vicinity Control Ordinance. 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. The Secretary announced the next item on the agenda, Petition 75-1-2-2 by Donald F. Brown requesting to be granted a waiver of use approval to operate an historic and nostalgic auto repair facility within an existing building located on the south side of Schoolcraft Road west of Stark Road in the Northeast 1/4 of Section 28. Mr. Nagy: There is a letter from the Engineering Division indicating there are no engineering problems. There was no one present wishing to be heard and the Chairman declared the public hearing on this item. On a motion duly made by Mr. Talbot, seconded by Mr. Scruggs and unanimously adopted, it was #2-25-75 RESOLVED that, pursuant to a public hearing having been held on February 11, 1975 on Petition 75-1-1-2 by Donald F. Brown requesting to be granted a waiver of use approval to operate an historic and nostalgic auto repair facility within an existing building located on the south side of Schoolcraft Road, west of Stark Road in the Northeast 1/4 of Section 28, the City Planning Commission does hereby determine to table this item until the Study Meeting of March 4, 1975. 5730 I P. - The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, letter dated January 3, I: 1975 from Ager Building Company requesting final plat approval of Bainbridge Courts Subdivision proposed to be located on the south side of Seven Mile Road, north of Curtis Avenue in the Northwest 1/4 of Section 11. On a motion duly made by Mr. Hand, seconded by Mr. Falk and unanimously adopted, it was #2-26-75 RESOLVED that, the City Planning Commission does hereby approve the final plat for Bainbridge Courts Subdivision proposed to be located on the south side of Seven Mile Road, north of Curtis Avenue in the Northwest 1/4 of Section 11, for the following reasons: (1) The final plat conforms to the previously approved preliminary plat. (2) The Engineering Division recommends approval of the final plat. (3) All of the financial obligations imposed upon the proprietor by the City have been met. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, letter dated December 17, 1975 from Ager Building Company requesting final plat approval of St. Mary's Estates Subdivision to be located on the east side of 110 Levan Road, north of Schoolcraft in the Southeast 1/4 of Section 20. On a motion duly made by Mr. Hand, seconded by Mr. Falk and unanimously adopted, it was #2-27-75 RESOLVED that, the City Planning Commission does hereby approve the final plat for St. Mary Estates Subdivision proposed to be located on the east side of Levan Road, north of Schoolcraft, in the Southeast 1/4 of Section 20, for the following reasons: (1) The final plat conforms to the previously approved preliminary plat. (2) The Engineering Division recommends approval of the final plat. (3) All of the financial obligations imposed upon the proprietor by the City have been met. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, motion by the City Planning Commission on its own motion to hold a public hearing to determine whether or not to rezone property located east of Farmington Road between the C & 0 Railway and Capitol Avenue in the Southwest 1/4 of Section 27 from M-1 to M-2. On a motion duly made by Mr. Hand, seconded by Mr. Scruggs and unanimously adopted, it was 5731 i #2-28-75 RESOLVED that, pursuant to Section 23.01(b) Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone property located east of Farmington Road between the C & 0 Railway and Capitol Avenue in the Southwest 1/4 of Section 27, from M-1 to M-2. FURTHER RESOLVED that, notice of such hearing be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report and recommendation submitted to the City Council. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, approval of the minutes of the 288th Regular Meeting and Public Hearings held by the City Planning Commission on January 14, 1975. On a motion duly made by Mr. Scruggs, seconded by Mr. Hand and unanimously adopted, it was #2-29-75 RESOLVED that, the minutes of the 288th Regular Meeting and Public hearing held by the City Planning Commission on January 14, 1975 are hereby approved. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda approval of the minutes of the 289th Regular Meeting held by the City Planning Commission on January 28, 1975. On a motion duly made by Mr. Talbot and seconded by Mr. Scruggs, it was #2-30-75 RESOLVED that the minutes of the 289th Regular Meeting held by the City Planning Commission on January 28, 1975 are approved. A roll call vote resulted in the following: AYES: Friedrichs, Scruggs, Talbot, Falk, Andrew NAYS: Hand, Kluver ABSENT: Taylor, Pinto The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, Petition 74-11-8-45 by Beaman Corporation requesting approval of all plans required by Section 18.47 of Ordinance #543, as amended by Ordinance #990, submitted in connection with a proposal to install mansard and brick veneer exterior face on existing building located on the southwest corner of Seven Mile and Middlebelt Roads in Section 11. On a motion duly made by Mr. Hand, seconded by Mr. Scruggs, and unanimously adopted, it was #2-31-75 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the 5732 Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, the City Planning Commission does hereby recommend to the City Council that Petition 74-11-8-45 by Beaman Corporation re- I: questing approval of all plans required by Section 18.47 in connection with a proposal to install mansard and brick veneer exterior face on existing building located on the southwest corner of Seven Mile and Middlebelt Roads in Section 11, be approved subject to the following condition: (1) That Building Elevation Plan R-1109-1-1, dated November 18, 1974 prepared by the Beaman Corporation, which is hereby approved, shall be adhered to. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, revised Site Plan submitted in connection with Petition 73-7-2-16 by E. Louis Schuette for Hi-FY Gasoline Stations, Inc. requesting a waiver use approval to rebuild an existing gasoline service station located on the the north side of Plymouth Road between Farmington Road and Stark Road in the South- east 1/4 of Section 28. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted, it was #3-32-75 RESOLVED that, having reviewed the revised Site Plan submitted by E. Louis Schuette in connection with Petition 73-7-2-16 requesting a waiver use approval to rebuild an existing gasoline service station 11, located on the north side of Plymouth Road between Farmington Road and Stark in the Southeast 1/4 of Section 28, the City Planning Commission does hereby grant approval to the revised Site Plan subject to the following conditions: (1) That Site and Landscape Plan #HF-M1-02, prepared by Ashland Petroleum Company, be substituted for plans previously approved under Planning Commission Resolution #8-207-73, adopted on August 14, 1973. (2) That revised Building Elevation dated 1/24/75, prepared by Ashland Petroleum Company, be substituted for those previously approved under Planning Commission Resolution #8-207-73, adopted on August 14, 1973. (3) That all other conditions set forth in Planning Commission Resolution #8-207-73, adopted on August 14, 1973, other than the approved substitutions, shall be adhered to. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this conditional use approval is valid for a period of one year only from the date of approval and unless a building permit is obtained and construction commenced within that period, or an extension of time obtained, this approval shall be null and void at the expiration of said period. tThe Chairman declared the motion carried and the foregoing resolution adopted. The Secretaryannounced the next item on the agenda, revised site plan submitted in connection with Petition 72-10-2-31 by Peter A. Basile requesting 5733 to be granted a waiver use approval to construct a shop with offices for cement contracting business on property located on the east side of Merriman Road between Plymouth Road and Schoolcraft in the Southwest 1/4 of Section 26. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted, it was #2-33-75 RESOLVED that, having reviewed the revised site plan submitted by Peter A. Basile in connection with Petition 72-10-2-31 requesting to be granted a waiver use approval to construct a shop with offices for cement contracting business on property located on the east side of Merriman Road between Plymouth Road and Schoolcraft in the Southwest 1/4 of Section 26, the City Planning Commission • does hereby grant approval to the revised site plan subject to the following conditions: (1) That Site Plan #73112, prepared by D. F. Christensen Associates, Architects, which is substituted for the one previously approved under Resolution #11-294-72 is hereby approved and shall be adhered to. (2) That Building Elevations as shown on the plan dated January 9, 1975 are hereby approved and shall be adhered • to. (3) That the existing buildings shown on the approved plan to 11, be demolished be removed before the issuance of an occupancy permit for the new office. (4) That the location of any future proposed building between the office facility and Merriman Road be subject to Planning Commission approval. FURTHER, that all other conditions of approval of the Planning Commission under Resolution #11-294-72, adopted on November 14, 1972, are valid and shall be adhered to. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, letter dated January 24, 1975 requesting a one-year extension of approval of Petition 73-11-8-47P by Weldon E. Clark 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 connections with a proposal to construct a Real Estate Office building on property located on the north side of Five Mile Road between Foch Avenue and Green Lane in Section 13. Ona motion duly made by Mr. Talbot, seconded by Mr. Kluver and unanimously adopted, #2-34-75 RESOLVED that, pursuant to a letter dated January 24, 1975 from Weldon E. Clark requesting an extension of the approval of Petition 73-11-8-47P by Weldon E. Clark requesting approval of all plans t required by Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, submitted in connection with a proposal to construct a real estate office building on property located on the il north side of Five Mile Road between Foch Avenue and Green Lane in Section 13, the City Planning Commission does hereby determine to grant an extension for a period of one year from the date of this resolution. 5734 d The Chairman declared the motion carried and the foregoing resolution adopted. z On a motion duly made, seconded and unanimously _adopted, the 290th Regular Meeting held by the City Planning Commission on Tuesday, February 11, 1975, was adjourned at approximately 10:30 p.m. CITY PLANNING COMMISSION ( 1 \‘...... ---) • fa 'J seph J, Falk, Secr4tary /j. ATTEST: • Vi,-/A- 1%1'rlte Daniel R. Andrew, Chairman 4 I I • , ,.. , . , 1