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HomeMy WebLinkAboutPLANNING MINUTES 1979-05-15 7003 160 MINUTES OF THE 372nd REGULAR MEETING AND PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA 1 On Tuesday, May 15, 1979, the City Planning Commission of the City of Livonia held 4 its 372nd Regular Meeting and Public Hearing in the Livonia City Hall , 33001 Five Mile Road, Livonia, Michigan. Daniel R. Andrew, Chairman, called the Regular Meeting and Public Hearing to order at 8:05 p.m. with approximately 10 interested persons in the audience. • Members present: Daniel R. Andrew Joseph. J. Falk Esther Friedrichs Herman H. Kluver Robert L. Morrow C. Russell Smith Judith Scurto . Members absent: *Jerome Zimmer Messrs. John J. Nagy, Planning Director; H. G. Shane, Assistant Planning Director; Ralph H. Bakewell , 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 is denied, the petitioner has ten days in which to appeal the decision to the Council . Mr. Joseph J . Falk, Secretary, announced the first item on the agenda is Petition 79-5-2-13 by Livonia Jaycees requesting waiver use approval to hold li: its annual Spring Carnival within the Wonderland Shopping Center park- ing area located on the south side of Plymouth Road, west of Middlebelt Road in the Northeast 1/4 of Section 35. There was no one present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on this petition closed. On a motion duly made by Mr. Morrow, seconded by Mrs. Scurto and unanimously adopted, it was #5-63-79 RESOLVED that., pursuant to a Public Hearing having been held on May 15, 1979 on Petition 79-5-2-13 as submitted by the Livonia Jaycees requesting waiver use approval to hold its annual Spring Carnival within the Wonderland Shopping Center parking area located on the south side of Plymouth Road, west of Middlebelt Road in the Northeast 1/4 of Section 35, the City Planning Commission does hereby recommend to the City Council that Petition 79-5-2-13 be approved for the following reasons: (1) The Police and Fire Departments have no objection to the petition. (2) The use of the property for carnival purposes will not inter- ' rupt the normal traffic flow and use of land for parking purposes. 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. 7004 1[00 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk, Secretary, announced the next item on the agenda is Petition 79-4-1-11 by Hugh A. Leavell requesting to rezone property located on the southeast corner of Seven Mile Road and Loveland Avenue in the Northwest 1/4 of Section 10, from P.L. to P.S. On a motion duly made by Mrs. Scurto, seconded by Mr. Smith and unanimously adopted, it was #5-64-79 RESOLVED that, pursuant to a Public Hearing having been held on May 1 , 1979 on Petition 79-4-1-11 as .submitted by Hugh A. Leavell requesting to rezone property located on the southeast corner of , Seven Mile Road and Loveland Avenue in the Northwest 1/4 of Section 10, from P.L. to P.S. , the City Planning Commission does hereby recom- mend to the City Council that Petition 79-4-1-11 be approved for the following reasons: (1 ) A change in zoning to the Professional Service category will allow the existing building to continue to be used for office purposes. (2) The proposed change in zoning would allow uses which' are in harmony with and compatible to the surrounding neighborhood. • (3) The existing building and site would be significantly improved as the result of a change in zoning allowing private use of the facilities. f FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of April 12, 1979 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. Falk, Secretary, announced the next item on the agenda is Petition 79-4-2-9 by Disco Daddy, Ltd. , requesting waiver use approval to operate a disco, without alcohol , for teens within an existing building located on the north side of Plymouth Road between Middlebelt Road and Haller in the Southwest 1/4 of Section 25. Mr. Nagy: We have received a response from the City of Riverview. Mr. Andrew, Chairman, read the letter dated 5/11/79 from the Mayor of Riverview. Mrs. Friedrichs: I would like to go over again what is planned for the walls to limit the noise to no more than 70 decibels. David Sefansky, 20821 Whitefield Lane, Southfield, Michigan, representing the peti- t:. tioner: We are going to build a dividing wall of soundproofing material . We have had an engineering company design the walls for us.. It will not be totally soundproof but it won't bothbr the business next door. We are 7005 1[44, planning to excavate the floor under the wall . It will help minimize the noise. There will be a division in the floor itself. It will improve the situation. This is what we should have done in Riverview. It is too late to dig up the floor now. We will have just one sign up on the mansard of the building. I submitted a sketch originally. They deferred that. I have to come back with that. Mr. Smith: What about the security in the inside of the building? Is that covered in the Ordinance? Should we include a condition relating to the security if it is not covered in the Ordinance? Mr. Feinberg, Assistant City Attorney: It isnot covered in the Ordinance. That is a private matter and would be out of order to condition that. , Mr. Sefansky: We will cover it adequately, believe .me. Mr. Falk: What is the noise level going to be inside? - Mr. Sefansky: It will be as high as 105 decibels but not a continuous noise level . It will reach a peak and then come down. In industrial zoning, the noise level is 98 decibels for 4 hours. Mr. Falk: Will the noise level be controlled by the gentleman operating the phono- graph? • Mr. Sefansky: It will be controlled by the D.J. and inherent in the record itself. Mr. Andrew: Any further comments? There were no further comments by the Commission or petitioner. *Mr. Zimmer entered the meeting at 8:15 p.m. On a motion duly made by Mrs. Friedrichs and seconded by Mr. Morrow, it was #5-65-79 RESOLVED that, pursuant to a Public Hearing having been held on May 1 , 1979 on Petition 79-4-2-9 as submitted by Disco Daddy, Ltd. , requesting waiver use approval to operate a disco, without alcohol , for teens within an existing building located on the north side of Plymouth Road between Middlebelt Road and Haller in the Southwest 1/4 of Section 25, the City Planning Commission does hereby recommend to the City Council that Petition 79-4-2-9 be approved subject to the following conditions: • (1) that the Disco operation be limited to that area as illustrated on the "proposed layout plan" as being the west 150' of the north 100' of the vacant store formerly used by the Great Scott Grocery Warehouse; (2) that any proposed signage be brought back to the Planning Commission for subsequent approval prior to the issuance of a Certificate of Occupancy; and _ (3). that the level of noise as measured adjacent to the exterior wall of . that portion of the building being occupied by; Disco Daddy, Ltd. , be limited to no more than 70 decibels'; 7006 for the following reasons: i (1) The building proposed to house the Disco has the capacity to accommodate such proposed use. ,i a (2) There are sufficient parking facilities available to support the proposed use and, moreover, much of the traffic generated would be for pick-up and drop-off. (3) There would be little effect on surrounding uses since the hours of operation are extremely limited. (4) The Youth Commission of the City of Livonia recommends granting this waiver use as they believe a need exists for a Disco opera- tion in the City. 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, Smith, Zimmer, Scurto, Falk, Morrow, Fried'ichs, Andrew NAYS: None • ABSTAIN: Wisler Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolIi10 ution adopted. • Mr. Falk, Secretary, announced the next item on the agenda is Final Plat Approval for Quakertown Subdivision No. 2 proposed to be, located south of Six Mile Road, east of Haggerty Road in the West 1/2 of Section 18. Mr. Andrew: Have all the financial obligations been met? Mr. Nagy: We have a letter from the City Clerk's office to that effect and a letter from the Engineering Division indicating that they approve of the Final Plat. Mrs. Scurto: Who is the builder? Mr. Farber, Republic Development Company: There are six different builders and we are one of them. • Mrs. Wisler: Did we not impose some requirements on the preliminary plat as to land- scaping? • Mr. Nagy: Yes, the bonds stay posted until all conditions are met. On a `motion duly made by Mr. Zimmer, seconded by Mrs. Scurto and unanimously adopted, it was #5-66-79 RESOLVED that, the City Planning Commission does hereby approve the Final Plat for Quakertown Subdivision No. 2 proposed to be located south of Six Mile Road, east of Haggerty Road in the West 1/2 of Section 18, for the follow- . [ i , ing reasons: ' 7007 1[ 4f; (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 and Zoning Ordinance of the City of Livonia. (4) All of the financial assurances imposed upon the proprietor by Council Resolution #59-79 have been complied with. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk, Secretary, announced the next item on the agenda is a motion by the City , Planning Commission pursuant to Section 23.01 (b) of Zoning Ordinance #543 to hold a public hearing to determine whether or not to rezone property located on the southeast corner of Ann Arbor Trail and Newburgh Road in the Northwest 1/4 of Section 32, from C-1 to P.S. Mrs. Scurto: Has anything further been done at the Council level? I have noticed the last week a sign stating "coming soon". Mr. Nagy: The public hearing of the Council will be some time 'in June. • On a motion duly made by Mrs. Wisler, seconded by Mrs. Scurto and unanimously adopted, ' it was li; #5-67-79 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 the southeast corner of Ann Arbor Trail and Newburgh Road in the North- west 1/4 of Section 32, from C-1 to P.S. ; subject property being legally described as: and Lot 739 of All of -Lot 738, except the West 27 ft. thereof,/Supervisor's Livonia Plat No. 12, as recorded in Liber 66, Page 65, Wayne County Records, said plat being of part of Section 32, T. 1 S. , R. 9 E. , Livonia Township (now City of Livonia) , Wayne County, Michigan. 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. • Mr. Falk, Secretary, announced the next item on the agenda is a motion by the City Planning Commission pursuant to Section 23.01 (b) of Zoning Ordinance #543 to hold a public hearing to determine whether or not to rezone property located on the southwest corner of Ann Arbor Trail and Newburgh Road in the Northeast 1/4 of Section 31 , from C-1 to RUF. 1[40.: John Gargaro, Gargaro & Associates: we own property here which we purchased last year. We were going to build last year but we held off because of sewer construction. We have decided to go ahead and build this year. I sub- mitted the preliminary plans to Gary Clark today. 7008 ILMr. Andrew: Can you submit copies of the preliminary site plan to the Planning staff as soon as possible? Mr. Gargaro: Yes, I would like to dress it up before I give it to Mr. Nagy. Mr. Kluver: I would be willing to look at Mr. Gargaro's proposal first. Mrs. Wisler: If we hold off on this one, I feel we should hold off across the street. I would prefer to view them both at once. Mr. Zimmer: This proposal tonight only substantiates in my mind the kind of thing we expected would happen. The feeling was that the commercial zoning in this area was excessive and out of place. This has been a matter of great con- cern to us. To hold off and look at this gentleman's plan is pointless. I am opposed to not proceeding. Mrs. Scurto: For exactly the same reason, I echo Mr. Zimmer's sentiments. Mr. Gargaro: On this particular piece, we paid a considerable amount of money based on its zoning. At least give us an opportunity to show you what we are proposing. Mr. Andrew: Approximately when did you submit formal plans? . • Mr. Gargaro: We went to the Zoning Board in July, 1978. • Mr. Kluver: When you initially purchased the parcel , it was C-1 . I think the developer would suffer an undue hardship changing this from commercial to RUE. 4 li: Mr. Smith: I certainly have to agree with Mr. Kluver. I think it is changing the rules in midstream. I would like to hear his proposal in full . Mr. Morrow: I would like to take a look at what this gentleman has to present. Mr. Zimmer: We anticipated what was going to happen here and it is going to happen. We are going to listen to a plan and if we were consistent, we would turn around and deny it anyway. Do we think we,might see something that would entice us to vote for it? Mrs. Wisler: We would not be prevented from hearing this gentleman's proposal at a public hearing and maybe that is the way to do it. Mr. Andrew: I think going ahead with a public hearing places the City in an indefensible position if there was litigation. Mrs. Wisler: Our decision to look at the zoning here was predicated on a lot of things. We questioned whether the drainage was sufficient and the lack of roads. On a motion duly made by Mr. Kluver and seconded by Mr. Smith, it was #5-68-79 RESOLVED that, the City Planning Commission does hereby determine to table the matter of the rezoning of property located on the southwest corner of 1: Ann Arbor Trail and Newburgh Road in the Northeast 1/4 of Section 31 , from C-1 to RUF. • 7009 1110 A roll call vote on the foregoing resolution resulted in the following: 4 AYES: Kluver, Friedrichs, Smith, Morrow, Wisler, Andrew NAYS: Zimmer, Scurto, Falk • ABSENT: None Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Wisler: Is it necessary to reconsider the resolution on the other corner, Item #5? Should we view this item and the other item together? Mr. Zimmer: I have trouble with that. If one corner is developed commercial , does it necessarily follow that the other corner ought to be commercial? , Mrs. Wisler: No, I would like to look at the whole thing again. They might come in and decide to put in a four-lane highway with a fifth lane for turning. That is not probable but I feel if I don't have all- the facts on one corner, then I don' t have them on the other corner. On a motion duly made by Mr. Kluver and seconded by Mrs. Wisler, it was RESOLVED that, the City Planning Commission does hereby determine to reconsider its action taken in Resolution #5-67-79 concerning the rezoning of property located on the southeast corner of Ann Arbor Trail • and Newburgh Road in the Northwest 1/4 of Section 32, from C-1 to P.S. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Wisler, Andrew NAYS: Smith, Zimmer, Scurto, Falk, Morrow IL ABSENT: None Mr. Andrew, Chairman, declared the foregoing resolution is not adopted because of lack of support. Mr. Falk, Secretary, -announced the next item on the agenda is Petition 79-4-8-9 by Fred J. Armour 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 construct a one-story medical clinic on property located on the west side of Farmington Road between Eight Mile Road and Haldane in Section 4. Mr. Andrew: Did you make some alterations in the site plan? Mr. Fred J. Armour, Affiliated Engineering, Inc. : Yes, we added some landscaping. • Mr. Smith: What is between the two buildings? • Mr. Armour: That is a planting island divider. We will have about 10 feet there. We are planning on-putting in trees. Mr. Zimmer: Has the building been moved? tide Mr. Armour: Yes, ten feet. 7010 Mr. Zimmer: Did you lose some parking? I Mr. Armour: We lost a row in one spot but picked some up by. utilizing a portion of i the surplus land. I. Mr. Zimmer: You have more than adequate parking? Mr. Armour: We have a few extra. • Mr. Zimmer: I would like to see some plantings around the foundation. Mrs. Wisler: What is the overage of parking? , Mr. Armour: Nine spaces. Mr. Andrew: Did the staff review the overall development of the plan? Mr. Bakewell : A cursory review of the plan was made. Mr. Armour: I wanted to point out that the dental end will become greater than the medical end. Mr. Andrew: What is the total building area? Mr. Armour: 33,000 square feet on 3-1/2 acres. That is approximately 216,000 square feet of land. 10 Mr. Andrew: We cannot complain of lot coverage. d Mrs. Scurto: How does this compare in terms of building space to the complex at Plymouth and Farmington Roads? Mr. Bakewell : This is larger. Mrs. Scurto: There appears to be a lot of parking. Mr. Armour: The parking only meets the Ordinance. The requirements for dental are less than medical . We could drop the parking ratio if there is more dental . Mrs. Scurto: How many overall parking spaces do you have? Mr. Armour: 310 parking spaces. Mrs. Wisler: Is there any way that we can soften the parking area so it doesn't look lite so much concrete? Mr. Armour: We could trade some parking for some green. Mr. Zimmer: Could the big building line up with the smaller one instead of being out to the road? Mr. Armour: We don't want to put the cars in front. 7011 Mrs. Wisler: How is this one-third going to fit into the overall situation? i Mr. Armour: We will have to wait until we develop this piece and see if the zoning will go through. This is not a definite design of what we are going to build. Mrs. Scurto: What about the view from Mr. Coburn's store? Will there be plantings along that side? • Mr. Bakewell : There will be plantings going in that are 3 to 4 feet in height and will go up to 10 feet when fully matured. They will be upright junipers. Mrs. Wisler: What about the sign? , Mr. Armour: Signs will be at the doors of the building. There will be no street signs. On a motion duly made by Mr. Smith and seconded by Mr. Morrow, it was #5-69-79 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 79-4-8-9 by Fred J. Armour requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to construct a one-story medical clinic on property located on the west side of Farmington Road between Eight Mile Road and Haldane in Section 4, be approved subject to the following conditions : (1) that Site Plan 78D-510A, dated 5/14/79, prepared by Affiliated Engineers, Inc. , which is hereby approved shall be adhered to; (2) that the building elevations as shown on Plan 78-510A, Sheet 4, prepared by Affiliated Engineers, Inc. , which are hereby • approved shall be adhered to; (3) that the landscaping as shown on Plan 78D-510A, dated 5/14/79, is hereby approved with the added condition that the front of the building be landscaped in the same manner as the first building and the open areas west and south of the parking area be covered with movable turf; and (4) that all landscaping installed on the site shall be permanently maintained in a healthy condition. A roll call vote on the foregoing resolution resulted in the following: • AYES: Kluver, Friedrichs, Smith, Falk, Morrow, Scurto, Zimmer, Andrew NAYS: Wisler ABSENT: None Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. , On a motion duly made, seconded and unanimously adopted, the 372nd Regular Meeting I • 7012 and Public Hearing held by the City Planning Commission on May 15, 1979 was adjourned at 9:20 p.m. i CITY PLANNING COMMISSION AfQ Jo eph J. - , Se retary "/.!040:;105f / ATTEST: ///../ Daniel R. 'ndrew, Chairman sz/ac 1[111; • • s