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HomeMy WebLinkAboutPLANNING MINUTES 1977-02-22 6313 MINUTES OF THE 330th REGULAR MEETING 4 AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF 4 LIVONIA 4 On Tuesday, February 22, 1977, the City Planning Commission of the City of Livonia held its 330th Regular Meeting and a Public Hearing in the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. W. Daniel R. Andrew, Chairman, called the Public Hearing and Regular Meeting to order at 8:10 p.m. • Members present: Daniel R. Andrew Esther Friedrichs Judith Scurto Herman H. Kluver Jerome Zimmer William DuBose Joseph J. Falk Suzanne T. Wisler William Scruggs Members absent: None Messrs. John J. Nagy, Planning Director; H G Shane, Assistant Planning Director, Ralph H. Bakewell, Planner IV, and Robert Brzezinski, Assistant City Attorney were also present. Mrs. Esther Friedrichs, Secretary, announced the first item on the agenda is Petition 77-1-6-1 by the City Planning Commission pursuant to Council Resolution #868-76 to amend Section 9.03 Waiver Uses of Ordinance #543, the Zoning Ordinance of the City of Livonia, by adding paragraph (j) Dance, Music and Instrumental Schools, to the P. S. Zoning District. There was no one present wishing to be heard concerning this item and Mr. Andrew, Chairman, declared the public hearing on Petition 77-1-6-1 closed. On a motion duly made by Mr. Kluver, seconded by Mr. Falk and unanimously adopted, it was #2-25-77 RESOLVED that, pursuant to a Public Hearing having been held on February 22, 1977 on Petition 77-1-6-1 as submitted by the City Planning Commission pursuant to Council Resolution #868-76 to amend Section 9.03 Waiver Uses of Ordinance #543, the. Zoning Ordinance of the City of Livonia, by adding paragraph (j) Dance, Music and Instrumental Schools, to the P. S. Zoning District, the City Planning Commission does hereby recommend to the City Council that Petition 77-1-6-1 be approved for the following reasons: (1) This proposed amendment is required in order to provide for additional uses in Professional Service Districts while at the same time maintaining maximum control. (2) The proposed amendment expanding the waiver use section with regard to dance studios, dance schools and music schools is seen as being consistent with the range of uses already illprovided in the waiver use section of the P.S. Zoning District. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of February 7, 1977 and 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. A 6314 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. i j Mrs. Friedrichs, Secretary, announced the next item on the agenda is Final Plat 4 approval for Compton Square Estates Subdivision proposed to be I located east of Harrison, north of Schoolcraft Road in the South 1/2 of Section 24. On a motion duly made by Mr. Kluver, seconded by Mrs. Wisler and unanimously adopted, it was #2-26-77 RESOLVED that, the City Planning Commission does hereby approve the Final Plat for Compton Square Estates Subdivision proposed to be located east of Harrison, north of Schoolcraft Road in the South 1/2 of Section 24, 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) The Final Plat conforms to the Subdivision Rules and Regulations of the City of Livonia and the R-2 Zoning District regulations of Ordinance #543. (4) All of the financial obligations imposed upon the proprietor by the City have been satisfied. II: Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Friedrichs, Secretary, announced the next item on the agenda is Final Plat approval for Stamford Estates Subdivision proposed to be located on the west side of Stamford Avenue, north of Curtis in the Northeast 1/4 of Section 9. On a motion duly made by Mr. Kluver, seconded by Mr. Zimmer and unanimously adopted, it was #2-27-77 RESOLVED that, the City Planning Commission does hereby approve the Final Plat for Stamford Estates Subdivision proposed to be located on the west side of Stamford Avenue, north of Curtis in the Northeast 1/4 of Section 9, for the following reasons: (1) The Final Plat conforms to the previously approved preliminary plat. (2) The Engineering Division resommends approval of the Final Plat. (3) The Final Plat conforms to the Subdivision Rules and Regulations of the City of Livonia and the R-2 Zoning District regulations of Ordinance #543. i I 6315 (4) All of the financial obligations imposed upon the proprietor by the City have been satisfied. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Friedrichs, Secretary, announced the next item on the agenda is Petition 76-11-3-9 by P. B. McCarthy requesting the vacating of an easement located south of Amrhein Road between Globe and Levan Roads in the Southwest 1/4 of Section 29. Mr. Andrew, Chairman, then passed the gavel to Mr. Scruggs, Vice-Chairman. On a motion duly made by Mr. Zimmer and seconded by Mrs. Wisler, it was #2-28-77 RESOLVED that, pursuant to a Public Hearing having been held on January 25, 1977 on Petition 76-11-3-9 as submitted by P. B. McCarthy requesting the vacating of an easement located south of Amrhein Road between Globe and Levan Roads in the Southwest 1/4 of Section 29, the City Planning Commission does hereby recommend to the City Council that Petition 76-11-3-9 be approved for the following reasons: (1) The easement is no longer needed in this location as a new easement has been provided at the south end of the property which removes a conflict the present easement has with respect to the buildable portions of the subject lots. (2) The present easement was established at a time when the properties were used for residential purposes and now that the subject properties have been rezoned to the manufacturing classification, the easements conflict with the buildable portions of the lots. (3) All reporting utility companies have indicated that they have no objection to the proposed vacating. (4) The Engineering Division by letter dated January 3, 1977 recommends approval of the vacating request. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of January 6, 1977 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, DuBose, Zimmer, Scurto, Falk, Scruggs, Wisler NAYS: None ABSTAIN: Andrew Mr. Scruggs declared the motion is carried and the foregoing resolution adopted. Mrs. Friedrichs, Secretary, announced the next item on the agenda is Petition 76-12-1-47 by Jerry J. Rozema, Cardinal West, Inc. , to rezone property 6316 located on the west side of Hubbard, south of Five Mile Road, in the Northwest 1/4 of Section 22, from R-7 to P. 0 On a motion duly made by Mr. Kluver and seconded by Mr. Falk, 1 it was #2-29-77 RESOLVED that, pursuant to a Public Hearing having been held on January 11, 1977 on Petition 76-12-1-47 as submitted by Jerry J. Rozema, Cardinal West, Inc. , to rezone property located on the west side of Hubbard, south of Five Mile Road in the Northwest 1/4 of Section 22, from R-7 to P, the City Planning Commission does hereby recommend to the City Council that Petition 76-12-1-47 be approved for the following reasons: (1) The proposed change of zoning so as to provide for a parking use will not adversely affect the surrounding and established uses of the area as parking uses predominantly occur within the abutting and neighboring areas. (2) Parking uses are not detrimental to residential uses when properly designed, laid out and landscaped and standards of the Zoning Ordinance as well as the Civic Center Vicinity Control Ordinance are specifically designed to achieve compatibility between uses. (3) The proposed change of zoning is needed within the area and the expansion of the parking zone will overcome an acute parking shortage which the Automobile Club is experiencing. FURTHER RESOLVED that, notice of the above Public Hearing was I[ publsihed in the official newspaper, the Livonia Observer, under date of December 23, 1976 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, DoBose, Zimmer, Falk, Scruggs, Wisler, Andrew NAYS: Scurto ABSENT: None Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Friedrichs, Secretary, announced the next item on the agenda is Petition 76-12-2-24 by James Riehl requesting waiver use approval to operate a recreation storage lot on the west side of Farmington Road between Plymouth and Schoolcraft Roads in the Northeast 1/4 of Section 28. On a motion duly made by Mrs. Scurto, seconded by Mr. Scruggs and unanimously adopted, it was #2-30-77 RESOLVED that, pursuant to a Public Hearing having been held on January 11, 1977 on Petition 76-12-2-24 as submitted by James Riehl i • 6317 1E requesting waiver use approval to operate a recreation storage lot on the west side of Farmington Road between Plymouth and Schoolcraft Roads in the Northeast 1/4 of Section 28, the City Planning Commission does hereby recommend to the City Council that Petition 76-12-2-24 be approved subject to the following conditions: (1) that Site Plan dated December 10, 1976, which is hereby approved, shall be adhered to; (2) that a chain link fence will be provided along the north property line beginning at the front setback line and extending westerly to the storage yard, thereby clearly defining the recreational vehicle storage driveway from that of the adjoining drive located on the neighboring property to the north; and (3) that a permit for the sign proposed to be erected on the site shall be obtained before erection of the sign and that the sign shall be landscaped in a manner acceptable to and approved by the City Planning Department; for the following reasons: (1) The site has the capacity to support the intended use. (2) The proposed use would not adversely affect the established li: uses of the surrounding area. (3) The Industrial Development Coordinator supports the proposed use. 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Friedrichs, Secretary, announced the next item on the agenda is Petition 76-12-2-26 by Dimitrios Gotsis $ Sylvia Gotsis requesting waiver use approval to construct and operate a restaurant on the east side of Middlebelt Road between Sunnydale and Broadmoor in the Southwest 1/4 of Section 13. On a motion duly made by Mr. Kluver and seconded by Mr. Falk, it was #2-31-77 RESOLVED that, pursuant to a Public Hearing having been held on January 25, 1977 on Petition 76-12-2-26 as submitted by Dimitrios Gotsis and Sylvia Gotsis requesting waiver use approval to construct and operate a restaurant on the east side of Middlebelt Road between Sunnydale and Broadmoor in the Southwest 1/4 of Section 13, the City Planning Commission does hereby recommend to the City Council that Petition 76-12-2-26 be approved subject to the following conditions: (1) that Site Plan#76-17, revised 1/27(77, prepared by Shiels Associates, Architects, which is hereby approved, shall be adhered to; 6318 9 (2) that Building Elevation Plan #76-17, P-2, revised 1/27/77, prepared by Shiels Associates, Architects, which is hereby approved, shall be adhered to; 4 (3) that a landscape plan showing all materials proposed to be installed on the site shall be submitted for Planning Com- mission approval within sixty (60) days of this approval; (4) that hard-surfaced paving be installed on Broadmoor Avenue for the distance adjoining this property in accordance with the recommendations of the Division of Engineering as set forth in their letter dated February 1, 1977; and (5) that a sign shall be posted adjacent to the driveway connect- ing the site with Broadmoor Avenue indicating thereon that no left turns are permitted; for the following reasons: (1) The proposed use complies with Section 11 .03(c) of Ordinance #543. (2) The site has excess capacity to support the proposed use. (3) The proposed site development is well designed and laid out IL so as to avoid any conflict between the proposed use and the established uses of the area. (4) The site plan has provided for proper setbacks and screening of the proposed use from the adjoining uses of the area, particularly the residential areas. 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, DuBose, Falk, Wisler, Andrew NAYS: Zimmer, Scurto, Scruggs ABSENT: None Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Friedrichs, Secretary, announced the next item on the agenda is a motion by the City Planning Commission pursuant to Council Resolution #1005-76 to hold a public hearing to determine whether or not a portion of the right-of-way of Filmore Avenue located on the west side of Filmore, east of Irving, in the Northeast 1/4 of Section 9, should be vacated. On a motion duly made by Mr. Kluver, seconded by Mr. Zimmer and unanimously adopted, it was #2-32-77 RESOLVED that, pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, and Council Resolution #1005-76, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not a 6319 portion of the right-of-way of Filmore Avenue located on the west 4 side of Filmore, east of Irving, in the Northeast 1/4 of. Section 9, should be vacated. FURTHER RESOLVED that, notice of such hearing shall be given as provided in Ordinance #29 of the City of Livonia, as amended by Ordinance #50. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Friedrichs, Secretary, announced the next item on the agenda is a motion by the City Planning Commission on its own motion pursuant to Section 23.01(b) of Ordinance #543, the Zoning Ordinance, to hold a public hearing to determine whether or not Section 17.04 Yard and Setback Requirements of the Zoning Ordinance should be amended to revise the setback requirement in the M-2 Zoning Districts. On a motion duly made by Mr. Kluver, seconded by Mrs . Wisler and unanimously adopted, it was #2-33-77 RESOLVED that, the City Planning Commission on its own motion pursuant to Section 23.01(b) of Ordinance #543, the Zoning Ordinance, does hereby establish and order that a public hearing be held to determine whether or not Section 17.04 Yard and Setback Requirements of Ordinance #543 should be amended to revise the setback requirement in the M-2 Zoning District. FURTHER RESOLVED that, notice of such hearing shall be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver and seconded by Mr. Falk, it was #2-34-77 RESOLVED that the minutes of the 326th Regular Meeting and Public Hearings held by the City Planning Commission on December 7, 1976 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, DuBose, Scurto, Falk, Scruggs, Wisler, Andrew NAYS: None ABSTAIN: Zimmer Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver and seconded by Mr. Falk, it was #2-35-77 RESOLVED that the minutes of the 328th Regular Meeting and Public Hearings held by the City Planning Commission on January 11, 1977 are approved. A roll call vote on the foregoing resolution resulted in the following: I AYES: Kluver, Friedrichs, DuBose, Zimmer, Scurto, Falk, Scruggs, Andrew NAYS: None ABSTAIN: Wisler 6320 1Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 40 On a motion duly made by Mr. Kluver, seconded by Mr. Scruggs and unanimously adopted, it was s #2-36-77 RESOLVED that the minutes of the 329th Regular Meeting and Public hearings held by the City Planning Commission on January 25, 1977 are approved. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Zimmer, seconded by Mr. Falk and unanimously adopted, it was #2-37-77 RESOLVED that, the City Planning Commission does hereby amend Section 2 of Article III - Meetings, of the Planning Commission's Rules of Procedure so as to incorporate the provisions of the Open Meetings Act, 1976 PA 266; subject Section, as amended, to read as follows: (new language underlined) "Special meetings may be called by the Chairman of the Planning Commission or upon written request of two (2) members, provided twenty-four (24) hours notice has been given to each member before the time set for such meetings and that notice to the public has been given at least eighteen (18) hours before the time set for such meetings. 11: Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mrs. Wisler and unanimously adopted, it was #2-38-77 RESOLVED that, pursuant to 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 77-2-8-4P by Wabeek Properties requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to build a branch of the Detroit Bank of Livonia on the north side of Five Mile Road between Levan and Newburgh Roads in Section 17, subject to the following conditions: (1) that Site Plan #7623, Sheet CE-1, dated 2/14/77, prepared by Jickling, Lyman & Powell Associates, Inc. , which is hereby approved, shall be adhered to; (2) that Building Elevations as shown on Plan #7623, Sheet A-4, dated 2/14/77, prepared by. Jickling, Lyman & Powell Associates, Inc. , which are hereby approved, shall be adhered to; (3) that Landscape Plan dated February, 1977, prepared by Goldner- Walsh, Inc., which is hereby approved, shall be adhered to; and (4) that all landscape materials as shown on the approved Landscape Plan shall be installed on the site before issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. . 6321 On a motion duly made by Mr. Scruggs, seconded by Mr. Zimmer and unanimously adopted, J it was 4 4 #2-39-77 RESOLVED that, the City Planning Commission does hereby approve the Sign Design Plan submitted in connection with a condition of approval of Petition 76-5-8-8 by Wabeek Properties requesting approval of all plans required by Section 18.47 of Ordinance #543, as amended by Ordinance #990, in connection with a proposal to construct a branch bank on the northeast corner of Plymouth and Middlebelt Roads, subject to the follow- ing condition: (1) that Sign Plan #76-3068, prepared by Austin Engineers, Inc. and Sign Specifications as amended, prepared by Media Six, General Sign Contractors, dated 11/17/76, which are hereby approved, shall be adhered to. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Falk and unanimously adopted, it was #2-40-77 RESOLVED that, pursuant to 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 the revised plans submitted in connection with Petition 73-7-8-33P requesting approval of all plans required by Section 18.58 in connection with a proposal to construct a one-story medical office building on the 11: south side of Eight Mile Road between Brentwood and Angling in Section 1, subfytumatidheebfyllucguguscl,i1 llowing conditions: (1) at Site lan #7703, Sheet P-1, dated 2/17/77, prepared by bert B. 1pern Associates, Inc. , which is hereby approved, all be ahered to; and further, that this approval shall persede all plans previously approved by the Planning Com- ssion inResolutions #5-74-76 and @12-254-76; (2) at Building Elevations as shown on Plan #7703, Sheet P-3, ted 2/4/77, prepared by Robert B. Alpern Associates, Inc. , ich are ereby approved, shall be adhered to; (3) at Landscape Plan #7703, Sheet P-1, dated 2/17/77, prepared Robert B. Alpern Associates, Inc. , which is hereby approved, all be adhered to; and (4) at all landscape materials as shown on the approvedLandscape an shallbe installed on the site before issuance of a rtificate of Occupancy and. thereafter permanently maintained a healthy condition. Mr. Andrew, irman, declared the motion is carried and the foregoing resolution adopted. On a motion Mr. Scruggs, seconded by Mr. Zimmer and unanimously adopted, it was #2-41-77 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance . 6322 #990, the City Planning Commission does hereby determine to table Petition 77-2-8-2 by Koppy Densmore Builders requesting approval of Sign Design Plans for. signs .proposed to be erected on the east and west sides of an existing building located on the south side of Seven Mile Road between Farmington and Newburgh Roads in Section 9, until March 1, 1977. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly' made by Mr. DuBose, seconded by Mrs. Wisler and unanimously adopted, it was #2-42-77 RESOLVED that, pursuant to Section' 18.47 of Ordinance #543, the 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 77-2-8-3 by Rick-Mar Corporation request- ing approval of all plans required by Section 18.47 submitted in connection witha proposal to remodel the exterior of an existing building located on the east side of Farmington Road, north of Seven Mile Road in Section 3, be approved subject to the following conditions: (1) that building elevations as shown on the Plan dated 2/11/77, prepared by Harold Eskovitz, Architect, which are hereby approved, shall be adhered to; (2) that the flat wall signs located on the west and north mansard roof be composed of individual, illuminated letters of not more than 36" in height, the method of illumination to ,be approved by the City Planning Department; (3) that all other signs other than those shown on the approved plan shall be removed including the roof-mounted sign; (4) that Landscape Plan dated 2/14/77 and signed by the petitioner, which is hereby approved, shall be adhered to; and (5) that all landscape materials as shown on the approved Landscape Plan shall be installed on the site before June 15, 1977 and thereafter permanently maintained in a healthy condition. Mr. Andrew, Chairman, decalred the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Scruggs, seconded by Mr. Zimmer and unanimously adopted, it was #2-43-77 RESOLVED that, pursuant to 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 approved Petition 77-2-8-5P by John D. Dinan requesting approval of all plans re- quired by Section 18.58 submitted in connection with a proposal to construct a medical building on the west side of Merriman Road between Seven Mile Road and Gable in the Southeast 1/4 of Section 3, subject to the following conditions: 1 6323 IL (1) that Site Plan #7414, Sheet 1, revised 2/22/77, prepared by Architects $ Planners, Inc. , which is hereby approved, shall be adhered to; (2) that Building Elevation Plan, revised 2/16/77, prepared by Architects & Planners, Inc., which is hereby approved, shall be adhered to; and (3) that a landscape plan showing all materials proposed to be installed on the site including the location and screening of trash disposal and LPG tanks shall be submitted for Plan- ning Commission review and approval by a date no later than March 8, 1977. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 330th Regular Meeting and Public Hearing held by the City Planning Commission on February 22, 1977, was adjourned at approximately 10:45 p.m. CITY PLANNING COMMISSION i�=tilt 4. .- C Pt 4 /�1� 4 i., _ /z",,,4‘7,‘,17_, Esther Friedrichs, Secretary IL ATTEST: Daniel R. Andrew, Chairman ac:2/23/77 I 4