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HomeMy WebLinkAboutPLANNING MINUTES 1980-02-19 /228 I[: MINUTES OF THE 386th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 19, 1980, the City Planning Commission of the City of Livonia held its 386th Regular Meeting and Public Hearings at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Regular Meeting and Public Hearing to order at 8:05 p.m. , with approximately 25 interested people present. MEMBERS PRESENT: *Herman Kluver Jerome Zimmer Esther Friedrichs Daniel R. Andrew Joseph Falk Judith Scurto C. Russell Smith MEMBERS ABSENT: R. Lee Morrow Messrs. John J. Nagy, City Planning Director; H G Shane, Assistant City Planning Director; Ralph H. Bakewell, Planner IV; and Robert M. Feinberg, Assistant City Attorney, were also present. Mr. Andrew then informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission only makes a recommendation to the City Council, who in turn will then hold their own Public Hearing and decide the question. If a petition involves a waiver use request, and the petition is denied by the Planning Commission, the petitioner then has ten days in which to appeal for relief. Otherwise the petition is terminated. Mr. Falk, Secretary announced the first item on the agenda is Petition 80-1-1-5 by Angelo D'Orazio to rezone property located north of Graytona between Farmington Road and Surrey in the Southeast 1/4 of Section 21 and the Northeast 1/4 of Section 28, from M-1 to P.S. Mr. Andrew: Is there any correspondence on this matter? Mr. Nagy: We have a letter from the petitioner requesting to withdraw the petition. Mr. Andrew: Is there anyone wishing to be heard on this matter? There was no one present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 80-1-1-5 closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Zimmer, and unanimously adopted, it was #2-42-80 RESOLVED that, pursuant to a Public Hearing having been held on February 19, 1980 on Petition 80-1-1-5, and pursuant to a request dated 2/8/80, from Angelo D'Orazio, the City Planning Commission does hereby approve the withdrawal of Petition 80-1-1-5 as submitted by Angelo D'Orazio requesting to rezone property located north of Graytona between Farmington Road and Surrey in the Southeast 1/4 of Section 21 and the Northeast 1/4 of Section 28, from M-1 to P.S. • 7229 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 4 Mr. Falk announced the next item on the agenda is Petition 80-1-1-1 initiated by Council Resolution #1214-79 to rezone property located south of Seven Mile Road, east of Melvin in the Northeast 1/4 of Section 11, from R-5 to P. Mr. Andrew: Is there any correspondence on this matter? Mr. Nagy: There is no correspondence. Mr. Andrew: For clarafication purposes, this is a request initiated by Council Resolution to hold a public hearing to decide whether or not this should be rezoned to a parking classification. The property is owned to the best of our knowledge by Art Van Furniture. Is there anyone present wishing to be heard on this matter? There was no one present wishing to be heard regarding this item. Mr. Zimmer: Why was this not dealt with by Art Van? Mr. Nagy: In their initial request Art Van desired to rezone the parcel to C-1. The Council felt that they wanted a parking classification realizing that no future building could then be put back there. Mrs. Scurto: I don't feel this parcel of property could be dealt with any other IL way than the parking classification. Therefore, I would support the request. Mr. Andrew: Is there anyone in the audience wishing to speak on this item? Mr. Andrew, Chairman, declared the public hearing on Petition 80-1-1-1 closed. On a motion duly made by Mr. Zimmer, seconded by Mr. Smith, and unanimously adopted, it was #2-43-80 RESOLVED that, pursuant to a Public Hearing having been held on February 19, 1980 on Petition 80-1-1-1 initiated by Council Resolution #1214-79, to rezone property located south of Seven Mile Road, east of Melvin in the Northeast 1/4 of Section 11, from R-5 to P, the City Planning Commission does hereby recommend to the City Council that Petition 80-1-1-1 be approved for the following reasons: (1) The proposed zoning district for the subject site will provide for a use more compatible to the surrounding zoning in the immediate area. (2) The proposed zoning will allow for additional offstreet parking for adjacent proposed or future uses. (3) The proposed zoning district will provide for a transitional use be- 11 tween the residential parcel adjacent on the south and the commercial ' district to the north. i 7230 FURTHER RESOLVED that, notice of the above Public Hearing was 4 published in the official newspaper, the Livonia Observer, under date of 1/31/80 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 announced the next item on the agenda is Petition 80-1-1-3 by Mario Monacelli for Chatham Super Markets, Inc. , to rezone property located on the southwest corner of Five Mile and Newburgh Roads in the Northeast 1/4 of Section 19, from C-1 to C-2. Mr. Andrew: Do we have any correspondence on this matter? Mr. Nagy: We have a letter from the petitioner Chatham Super Markets, Inc. , Real Estate Department signed by Mario Monacelli wishing to withdraw. They may resubmit the petition in the future. There was no one present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 80-1-1-3 closed. On a motion duly made by Mr. Falk, seconded by Mrs. Scurto, and unanimously adopted, it was #2-44-80 RESOLVED that, pursuant to a Public Hearing having been held on February 19, 1980 on Petition 80-1-1-3, and pursuant to a request by Chatham Super Markets, Inc. dated 2/15/80, the City Planning Commission does hereby approve the withdrawal of Petition 80-1-1-3 as submitted by Mario Monacelli for Chatham Super Markets, Inc. , to rezone property located on the southwest corner of Five Mile and Newburgh Roads in the Northeast 1/4 of Section 19, from C-1 to C-2. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. • Mr. Falk announced the next item on the agenda is Petition 80-1-1-4 by H. John Allie to rezone property located on the southwest corner of Middlebelt Road and Norfolk Avenue in the Northeast 1/4 of Section 2, from RUFA to C-1. Mr. Smith: At this time I would like to make it known of my personal relationship with Mr. Allie and I would like to abstain from all actions on this petition. Mr. Andrew: Is there any correspondence on this matter? Mr. Nagy: We have a letter dated January 28, 1980 from Engineering indicating that therq are no engineering problems. Other than that we have no other correspondence. John Allie: We would like to build a building approximately 7,600 sq. ft. 14210 Loveland We would use 3,000 sq. ft. for Allie Bros Tailoring and Uniform Livonia Sales. The other part is going to be used for rental. Mr. Andrew: Do you intend to start construction this year? • 7231 Mr. Allie: If we are able to get financing, yes. 41 I: Mrs. Friedrichs: Do you have any idea what type of activity the rental space would house? Mr. Allie: We are hoping to get the best type with the least amount of traffic. Possibly something in the computer programming field. Mrs. Friedrichs: Are you looking for office type tenants? Mr. Allie: We are trying to stay away from grocery type stores. Mr. Zimmer: Do you own the current property? Mr. Allie: Yes. Mr. Zimmer: How long? Mr. Allie: The house was purchased outright. The corner lot is being pur- chased contingent on zoning. Mr. Zimmer: Are these recent actions? Mr. Allie: For three years we have tried to expand the present location. We have been researching this for two or three years. Mr. Zimmer: Were you aware of the Master Land Use Plan of the City of Livonia? till This reflects that the City has no interest particularly in extending commercial zoning in this area. Mr. Allie: I was not aware of it. Everywhere around us stores have been opened. It was my impression that the City was planning to rezone all the property there. Mrs. Scurto: Are you going to put a wall on the southern end of your property or will you appeal that? Mr. Andrew: The chair will rule your question is out of order at this time. L.Wilson: I live on the second parcel south of Norfolk. We have no sanitary 20250 Fremont sewers on that block. Mr. Andrew: We don't get involved in these types of questions. The question before us should not affect the sanitary sewer condition or condition of Norfolk. No access will be on the side street. I would suggest that you write a letter to the City Council asking that they provide sanitary sewers for Fremont in the vicinity of Norfolk. Mr. Nagy: There is a special assessment paving program underway in that district. I think the gentleman is worried that if there are no sanitary sewers they should be installed before the paving is. tao Mr. Andrew: In that case you should call or stop in on the third floor of this building at normal working hours and talk to Ed Siemert or Gary Clark. They should be doing something about that. They should have that under consideration especially with paving project going on. 7232 1[: *Mr. Kluver arrived at 8:30 p.m. Mrs. Friedrichs: Could we also send a note that this was brought up? Mr. Andrew: John will write a memo to them. Are there any further comments from the Commission or the audience. There was no one else present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 80-1-1-4 closed. On a motion made by Mrs. Friedrichs, seconded by Mrs. Scurto, it was Mr. Zimmer: I oppose this approving resolution because I don't think we • need additional commercial in that area. Although it might be unrealistic to consider that commercial is going to stay in this area as the Master Plan suggests I see this as a minimal kind of commercial development that will proceed further south. I think there could be a better utilization of the property. #2-45-80 RESOLVED that, pursuant to a Public Hearing having been held on February 19, 1980 on Petition 80-1-1-4 as submitted by H. John Allie requesting to rezone property located on the southwest corner of Middlebelt Road and Norfolk Avenue in the Northeast 1/4 of Section 2, from RUFA to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 80-1-1-4 be approved for the following reasons: (1) The proposed change of zoning represents a logical, reasonable and minor expansion of the C-1 Zoning District which presently adjoins the subject area to the north and there already being C-1 zoning opposite the subject parcel on the east side of Middlebelt Road. (2) The proposed change of zoning will provide for uses that are compatible to the area as there are already well established retail commercial uses on adjoining property to the north and east. (3) The proposed change of zoning to the C-1, local commercial, classification will provide for a reasonable alternative use of the subject property from residential as the property is adversely impacted by the heavy commercial traffic occurring on Middlebelt Road and the adjoining commercial uses. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 1/31/80 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. 1!: j A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Scurto, Andrew NAYS: Zimmer, Falk ABSTAIN: Smith, Kluver ABSENT: Morrow, 7233 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution 4 adopted. 1 Mr. Falk announced the next item on the agenda is Petition 80-1-2-2 by Isa J. Mufarreh requesting waiver use approval to utilize an SDD License in connection with an existing party store located on the south side of Seven Mile Road between Floral and Deering in the Northeast 1/4 of Section 12. Mr. Andrew: Is there any correspondence on this matter? Mr. Nagy: We have a letter from Engineering stating that there are no engineering problems associated with this petition. Mr. Andrew: Is the petitioner or his representative present? A.Helmkamp: Mr. Mufarreh has been a resident of Livonia for three years 33900 School- and a U.S. citizen since 1963. We are attempting to bring a carry- craft out liquor service to this part of the City. In either direction Livonia there is no carry-out liquor store for one mile. Mr. Mufarreh's hours of operation are 10:30 a.m. until 11 p.m. Monday through Saturday and noon to 7 p.m. on Sunday. There will be no change with the license. We expect some increase in traffic. We intend to improve the site by paving the parking area with 14 spaces. There will be sidewalks in front and greenery in front. There will be lights in the parking lot. Presently there are some adult publications behind the counter which are sold. There are also some small paraphernalia sold. Both items will be removed if the commission so desires. They generate very little income. Mr. Andrew: Do the parking spaces indicated on this drawing conform with the zoning ordinance as far as this development is concerned. Mr. Bakewell: Yes. Mr. Andrew: The parking in the right-of-way will be eliminated with this plan? Mr. Nagy: Yes. Mr. Zimmer: Does the petitioner own all this property? Mr. Helmkamp: The brother and father-in-law own it. There is also another owner whom I spoke with and there is no problem meeting this plan. Mrs. Scurto: Is there going to be a customer entrance in the rear? Mr. Helmkamp: There is storage in the rear. I don't think so. Mr. Mufarreh: No. Mrs. Scurto: The handicapped parking space probably is as far from the front door as you can get. What type of enclosure will be around the trash receptacle? Mr. Helmkamp: I am not sure what type of material will be used for the enclosure. 4 Mr. Andrew: Did you have anything in mind in the way of materials when you drew this up? 7234 Mr. Bakewell: It could be either block construction or the type that uses fencing materials with slats. Mrs. Scurto: The fencing with the slatting I find objectionable. Do you own any other property in the City? Mr. Helmkamp: No, he does not. Mrs. Scurto: I would like to see a condition that the drug paraphernalia and adult literature be removed. Mr. Falk: How could we enforce this? Can we make such a condition? It seems that this is the trend of party stores that such para- phernalia is being sold. Mr. Andrew: I don't think this is any different than any other condition. Any further discussion or comments? There was no one else present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 80-1-2-2 closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Falk and unanimously adopted, it was #2-46-80 RESOLVED that, pursuant to a Public Hearing having been held on February 19, 1980 on Petition 80-1-2-2 as submitted by Isa J. Mufarreh requesting waiver use approval to utilize an SDD License in connection with an existing party store located on the south side of Seven Mile Road between Floral and Deering in the Northeast 1/4 of Section 12, the City Planning Commission does hereby recommend to the City Council that Petition 80-1-2-2 be approved subject to the following conditions: (1) That all drug paraphernalia and pornographic material shall be removed from the site and thereafter not sold. (2) That the trash enclosure will be constructed of block. (3) That there will be no sandwich signs on the site. (4) That site and Landscape Plan dated February 18, 1980 will be adhered to and fully implemented. (5) That no additional signage will be permitted without the approval of the Planning Commission. for the following reasons: (1) The land area involved has the capacity to support the proposed use. (2) The issuance of an SDD License in this area will not cause undue harm to adjacent and surrounding uses. (3) The proposed issuance of an SDD License to the petitioner will result in substantial site improvements in the way of landscaping, paved parking and removal of parking from within the public right- of-way all of which will have a positive effect upon the neighboring area. 7235 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. Mrs. Scurto: Do the other two stores have rear entrances? Mr. Bakewell: Yes. Mr. Nagy: When a site is improved and since the majority of the parking is in the back it would be to the owner's benefit to improve and upgrade the rear entrance. Mrs. Scurto: I would like to point out that I would like to see no paper signs affixed to the windows. Mrs. Friedrichs: Any comments from Mr. Feinberg? Mr. Feinberg: It would be unfair to single out one individual retailer from using paper signs when they are used throughout the City. Mr. Smith: I am against overwhelming paper signs that are used as banners. I think that is in violation. The size of the sign has some relation to the opposition. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 80-1-3-1 by First Federal Savings & Loan Association of Detroit requesting the vacating of a public alley located south of Plymouth Road between Merriman and Arden in the Northeast 1/4 of Section 34. Mr. Nagy: We have a letter from Engineering indicating there are existing utilities within the alley (30" combined sewer) and a full width easement be retained. Mr. Andrew: Anything from Detroit Edison? Mr. Nagy: No. Keith Milan: I represent the bank. It appears from looking at the area that the 1000 Woodward alley is already vacated. The alley is not used and we would be given 10 feet and the adjoining property owner would be given 10 ft. We would further proceed to develop the westerly half that we would receive through vacating and use this for employee parking. We would quit claim our interest in the east one half of the alley to the adjoining property to the south. Mr. Andrew: At the present time the east one-half of the alley is used by the residential property owner to the south. They use the entire 20 feet. The westerly portion of the alley is not used at all by anyone. Mr. Milan: We have been keeping the weeds down. The property owner at 11426 Arden has a fence on the southerly part of the alley line. Mr. Andrew: You will have an agreement with the neighbor to the south of you to use the 10 feet of the 20 feet. 7236 [40 Mr. Milan: He has trees and shrubs. We are not going to disturb that at all. Mr. Andrew: Would First Federal deed that 10 feet of the east 1/2 of the alley to the property owner to the south? Mr. Milan: Yes. Mr. Andrew: You will be taxed for it if you don't. Mr. Zimmer: The westerly property is fenced on the southern boundary alley so you would really like to use all of that part but none of the other. All the alley on the west but not on the east. Mr. Zimmer: Just by way of some history we looked at all the alleys in this area and when we got to this block it was a unanimous agreement that we would not open the alley to Merriman. One of the features was all this heavy treed area and shrubbery that no one was interested in disturbing. Mr. Milan: You could vacate only the westerly portion and leave the easterly portion as is. Geo.Lerminiaux: We are the first house south of the alley. If you deed this 11431 Merriman over then we have to pay taxes. Will there be any kind of protection there? i Mr. Andrew: The greenbelt will not be touched. Mrs. Friedrichs: Would you like the alley vacated and the property to become yours? Mr. Lerminiaux: Left the way it is. Mr. Smith: Can you vacate part of an alley? Mr. Nagy: Not a portion of its width but only a portion of the length. Mr. Zimmer: These people have finely cared for this alley area for many years. That has in itself been a benefit to the City and the area as other- wise the City would have had to do it. Mr. Smith: There is a fence on the Dunlevy's property line. I could not see her moving a wrought iron fence over 10 feet. I would like to hear from Mrs. Dunlevy. Maybe she is out of town. Mr. Zimmer: I know Mrs. Dunlevy and she is a very active and prominent citizen of Livonia. She might have had transportion difficulty. I will see to it if this matter is tabled that she will come to the next meeting. On a motion duly made by Mr. Zimmer, seconded by Mrs. Scurto, it was o 10 #2-47-80 RESOLVED that, pursuant to a Public Hearing having been held on February 19, 1980 on Petition 80-1-3-1 as su'-mitted by First Federal Savings & Loan Association of Detroit requesting the vacating of a public alley located south of Plymouth Road between Merriman and Arden in the Northeast 1/4 of Section 34, the City Planning Commission does hereby determine to table Petition 80-1-3-1 until the Study Meeting to be conducted on February 26, 1980. 7237 A roll call vote on the foregoing resolution resulted in the following: I AYES: Friedrichs, Smith, Zimmer, Scurto, Falk NAYS: Andrew, Kluver ABSENT: Morrow Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Proposed Amendment to Section 30.04 of Ordinance #543 to establish controls for recreation and amusement centers using coin-operated amusement devices in C-3 zoning districts. There was no one else wishing to be heard on this item. Mr. Andrew, Chairman, declared the public hearing closed. On a motion duly made by Mr. Falk, seconded by Mr. Zimmer, and unanimously adopted, it was #2-48-80 RESOLVED that, pursuant to a Public Hearing having been held on February 19, 1980 on Petition 80-1-6-3 as submitted by the City Planning Commission to amend Section 30.04, Waiver Uses in C-3 Districts, of Zoning Ordinance #543, by adding paragraph (b) to establish controls for recreation and amusement centers !lsing IL coin operated amusement devices, the City Planning Commission does hereby recommend to the City Council that Petition 80-1-6-3 be approved for the following reasons: (1) This proposed Zoning Ordinance amendment is recommended by the Department of Law. (2) This proposed amendment will provide the City with added controls regarding the location'and nature of coin-operated amusement devices. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer under date of 1/31/80, 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Falk, seconded by Mr. Smith, and unanimously adopted, it was #2-49-80 RESOLVED that, pursuant to a Public Hearing having been held on February 19, 1980 on Petition 80-1-6-4 as submitted by the City Planning Commission to amend Section18.38, Off-street Parking Schedule, of Zoning Ordinance #543, by adding paragraph (28) to establish offstreet parking requirements for recreation and amuse- ment centers using coin-operated amusement devices, the City Planning Commission does hereby recommend to the City Council that Petition 80-1-6-4 be approved for the following reasons: 7238 1!: (1) This proposed amendment is recommended by the Department of Law. (2) This proposed amendment will provide the City with additional control with regard to offstreet parking of vehicles in connection with establishments featuring coin-operated amusement devices. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 1/31/80, 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Thomas Maguran requesting waiver use approval to locate a restaurant within an existing building located on the north side of Seven Mile Road between Farmington and Windridge in the Southeast 1/4 of Section 4. Mr. Nagy: We have a letter from Engineering indicating there are no engineering problems involved here. Thos. Maguran: I have recently moved into Windridge but I do not have an 9177 General Ct. address yet. This would be a Rib Shack, fast food operation Plymouth with hours from 11 a.m. to 10 p.m. Sunday through Thursday and Friday and Saturday to 1 a.m. Basically our menu will consist of barbecued ribs and chicken and hot sub sandwiches. Mr. Andrew: Are there any parking deficiencies? Mr. Nagy: No problems with parking. Mr. Maguran: We propose some minor store front changes. We plan to add a foyer inside for wind control. Mr. Andrew: Does the owner approve the change of the elevation of the building? Mr. Terrace: As far as the owner there are no objections as to the elevation of Schostak Bros. of the building. P.O.Box 267 Southfield Mr. Zimmer: Are you currently in the restaurant business in Livonia? Mr. Maguran: I was in the restaurant business but am not presently. I was part owner of Vittorio's and In the Alley. Mrs. Friedrichs: I see the restrooms are far from the seating area. Mr. Maguran: We will extend the restrooms 4 feet and will light the walkway down the hall to the restrooms. There was no one else wishing to be heard on this item. Mr. Andrew, Chairman, declared the public hearing closed. 7239 :i Mr. Andrew: Do you need sometime to look over the plans? Mr. Nagy: The Bureau of Inspection has to advise us as to whether the wooden panel is acceptable on the outside. Also, the two signs are not in accord with the center's policy. On those two accounts we would like additional time. Mr. Maguran: We will conform to anything necessary. On a motion duly made by Mr. Falk, seconded by Mr. Zimmer, and unanimously; adopted, it was #2-50-80 RESOLVED that, pursuant to a Public Hearing having been held on February 19, 1980 on Petition 80-1-2-3 as submitted by Thomas Maguran requesting waiver use approval to locate a restaurant within an existing building located on the north side of Seven Mile Road between Farmington and Windridge in the Southeast 1/4 of Section 4, the City Planning Commission does hereby determine to table Petition 80-1-2-3 until the Study Meeting to be conducted on February 26, 1980. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on agenda is Petition 80-1-6-2 to amend Section 5.03 of Zoning Ordinance #543 to establish regulations to control the use of property in RUF Districts for fraternal and religious organizations. Mr. Andrew: Is there anyone present wishing to be heard on this matter? 1!: Mr. Zimmer: There are other alternatives beside this proposal that the Commission will pursue. Therefore, this peitition isrto be withdrawn. There was no one else present wishing to be heard on this matter. Mr. Andrew, Chairman declared the public hearing closed. On a motion duly made by Mr. Falk, seconded by Mr. Kluver, it was RESOLVED that, pursuant to a Public Hearing having been held on February 19, 1980 on Petition 80-1-6-2 as submitted by the City Planning Commission to amend Section 5.03, Waiver Uses in RUF Districts, of Zoning Ordinance #543, by adding Paragraph (g) to establish controls for fraternal or religious organizations, clubs and lodges, the City Planning Commission does hereby recommend to the City Council that Petition 80-1-6-2 be approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Falk, Kluver NAYS: Smith, Zimmer, Scurto, Andrew, Friedrichs ABSENT: Morrow Mr. Andrew, Chairman, declared the motion failed. d On a motion duly made by Mr. Zimmer, Seconded by Mrs. Friedrichs, and unanimously adopted, it was 7240 4 #2-51-80 RESOLVED that, pursuant to a Public Hearing having been held on February 19, 1980 on Petition 80-1-6-2, the City Planning Commission does hereby determine to withdraw Petition 80-1-6-2 as submitted by the City Planning Commission to amend Section 5.03, Waiver Uses in RUF Districts, of Zoning Ordinance #543, by adding Paragraph (g) to establish controls for fraternal or religious organizations, clubs and lodges. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 1/31/80 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 announced the next item on the agenda is Petition 79-12-1-42 by Ager Building Company to rezone property located on the north side of Seven Mile Road, east of Shadyside in the Southwest 1/4 of Section 3, from R-3A, C-1 and P.L. to R-lA. On a motion duly made by Mrs. Scurto, seconded by Mr. Smith, it was #2-52-80 RESOLVED that, pursuant to a Public Hearing having been held on January 15, 1980 on Petition 79-12-1-42 as submitted by Ager Building Company requesting to rezone property located on the north side of Seven Mile Road, east of Shadyside in the Southwest 1/4 of Section 3, from R-3A, C-1 and P.L. to R-1A, the City Planning Commission does hereby recommend to the City Council that Petition 79-12-1-42 be denied for the following reasons: (1) The proposed change of zoning will not promote the orderly growth and development of the surrounding area as the increase in density as would be permitted by the change in zoning from an 80' lot zoning classification to a 60' lot zoning classification would increase the traffic in this area and thereby adversely affect the surrounding roads and residential uses of the area. (2) The proposed change of zoning from the R-3 to the R-1 classification represents a downgrading in the size of the lot permitted in the area which is inconsistent with the goals and policies of the Planning Commission with respect to trying to encourage and upgrade the houses and lot sizes which tend to have a more beneficial effect upon the surrounding and established residential uses of the area. (3) The proposed change of zoning which would reduce the lot sizes is inconsistent with the goal of trying to encourage, to the extent possible, the maximum amount of open space distance between houses and the concept of light and air which is one of the principal objectives of the Zoning Ordinance and principles of sound planning. t 7241 1: FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 12/29/79 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: Smith, Scurto, Falk, Andrew NAYS: Kluver, Friedrichs, Zimmer ABSENT: Morrow Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto, seconded by Mr. Zimmer, it was #2-53-80 RESOLVED that, the minutes of the 384th Regular Meeting and Public Hearings, held by the City Planning Commission on January 15, 1980 be approved. AYES: Smith, Scurto, Falk, Andrew, Friedrichs, Zimmer NAYS: None ABSTAIN: Kluver ABSENT: Morrow IL Mr. Andrew, Chairman declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Zimmer, seconded by Mrs. Scurto and unanimously adopted, it was #2-54-80 RESOLVED that, the minutes of the 385th Regular Meeting held by the City Planning Commission on January 29, 1980 be approved. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Smith, seconded by Mr. Zimmer, it was #2-55-80 RESOLVED that, the minutes of the 335th Special Meeting held by the City Planning Commission on February 5, 1980 be approved. AYES: Smith, Scurto, Andrew, Friedrichs, Zimmer, Kluver NAYS: None ABSTAIN: Falk ABSENT: Morrow Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 1: On a motion duly made by Mr. Kluver, seconded by Mrs. Scurto, and unanimously adopted, it was 7242 #2-56-80 RESOLVED that, having considered the letter dated 12/3/79 from the Livonia Trade Center, the City Planning Commission does hereby determine to deny a request for for a waiver of a requirement in connection with approval of Petition 76-7-8-13P by the Livonia Trade Center requesting approval of all plans required by Section 18.58 of Ordinance #543, submitted in connection with a proposal to construct a commercial building on property located on the south side of Eight Mile Road between Middlebelt and Brentwood in Section 1, for the following reasons: (1) The proposed change in trash handling from an enclosed trash refuse area to open containers in random locations is inconsistent with standards of good site planning practices. It would place trash containers in an open condition which are visually dis- pleasing and have many associated nuisances, in too close proximity to a nursing home located to the south, The deleterious effects emanating from the containers would detract from ongoing use and enjoyment of the home and other residential uses of the area. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is a request by Nelson Sign Service, Inc. , for revision in Conditions #5 of the Approval of Petition 78-6-8-20 by Philip Pisto requesting approval of all plans required by Section 18.47 of Ordinance #543 submitted in connection with a proposal to construct commercial retail stores on the south side of Eight Mile Road between Farmington and Gill Roads in Section 4. Mr. Zimmer: I have trouble with centers' needs to identify each other with names. The thing is large enough to see. I don't see that this thing on the one hand does not have the size to warrant a sign to identify it. Mr. Kluver: As we travel throughout the City we see identifying signs throughout the entire city we have approved in the past. Mr. Andrew: What is the square footage of the sign? Mr. Bakewell: 90 square feet. Mr. Andrew: They could not tack on list of tenants without special appeal. Mr. Bakewell: No. Mr. Nagy: Could be limited with a condition. Mr. Kluver: No sandwich signs. Mr. Andrew: We should add the condition which says in effect that the proposed 90 square feet of sign area shall not be enlarged at anytime. Any additional comments? ► 7243 On a motion duly made by Mrs. Friedrichs, seconded by Mr. Kluver, it was adopted i #2-57-80 RESOLVED that, pursuant to a request from Melson Sign Services, Inc. , the City Planning Commission does hereby approve a revision in Condition #5 of the approval of Petition 78-6-8-20 by Philip Pisto 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 commercial retail stores on the south side of Eight Mile Road between Farmington and Gill Roads in Section 4, subject to the following conditions: (1) That the Sign Plan as prepared by Menson Sign Service, Inc. , dated January 15, 1980, which is hereby approved shall be adhered to; (2) That the proposed sign shall be located on the east side of the west entrance drive at a 20' setback and a maximum height of 24' ; and (3) That the proposed 90 square foot of sign area shall not be enlarged at anytime. for the following reason: (1) That the building occupies a separate tax parcel of record. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Smith, Andrew, Friedrichs, NAYS: Zimmer, Falk, Scurto ABSENT: Morrow Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 386th Regular Meeting and Public Hearings held by the City Planning Commission on February 19, 1980 were adjourned at 10:30 p.m. CITY PLANNING COMMISSION . Jo:ephi/. F. , Secr- ary - f.11'14: 211°11. ATTEST: Daniel R. Andrew, Chairman i