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HomeMy WebLinkAboutPLANNING MINUTES 1980-04-22 7277 MINUTES OF THE 390th REGULAR MEETING . AND PUBLIC HEARINGS HELD BY THE CITY ll; PLANNING COMMISSION OF THE CITY OF LIVONIA o On Tuesday, April 22, 1980, the City Planning Commission of the City of Livonia held its 390th Regular Meeting and Public Hearing in the Livonia City Hall, 33000 Civic Center Drive, 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 C. Russell Smith Herman Kluver Robert L. Morrow Donald Vyhnalek Judith Scurto Esther Friedrichs 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 4 decision to the Council. 4 Mr. Joseph J. Falk, Secretary, announced the first item on the agenda is Petition 80-2-1-8 by Dr. Jose Evangelista to rezone property located on the south side of Seven Mile Road, east of Middlebelt in the Northwest 1/4 of Section 12, from R-9II to C-2. Mr. Andrew: Is there any correspondence on this matter? Mr. Nagy: We have a letter from Engineering indicating that Seven Mile Road has not been fully dedicated. In addition there are no City storm sewers to service the site. The sewer connection will have to be extended to Livonia Drain No. 27 (east line of Sutherland's Restaurant) . Mr. Andrew: Is Sutherland's to the east? Mr. Nagy: Yes, it is. Mr. Andrew: Approximately 400 to 500 feet of sewer would have to be extended. Mr. Nagy: That is correct. Vincent Salgado: We would like to construct a first class, private racquet Rep. Dr. Evangelista ball•facility which would fall into a C-2 classification. The properties on both sides are C-2. I have with me a rendering of what we propose to build. This will give you an idea of what we are planning to build there. There will be 14 racquetball courts, swimming pool, a restaurant, locker room facilities and a running track. 7278 1ICMr. Falk: Prior to this proposal there were two other site plans approved for this property. I as one Commissioner feel that this area is filled to IL capacity with commercial. I would like to see a downplay of the commercial development here. We should see a study made of this quadrant. Mr. 'Salgado: I don't feel there will be much more traffic generated. Most of our business will be at a later time. We figure that 30 people per hour will be our traffic flow. Mr. Falk: With this type of an establishment you die if you don't have a heavy flow of traffic. Unfortunately people do not car pool it to these places. Mrs. Scurto: My opinion is different than Mr. Falk's. I feel this is an excellent place and an excellent location. I am concerned with the parking question. Mr. Morrow: Engineering stated Seven Mile is not fully dedicated. Mr. Nagy: They provided for it in the site plan. Mr. Andrew: Assuming the project receives all approvals, is a separate petition needed for the restaurant? Mr. Nagy: Yes, in terms of a waiver use petition. ILMr. Andrew: Is there anyone present 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 this petition. Mr. Vyhnalek: Could we get an impact study west of there? Mr. Andrew: We have directed the Department to prepare a study. It will be presented at the next study. Ona motion duly made by Mrs. Scurto, seconded by Mrs. Friedrichs, and unanimously adopted, it was #4-99-80 RESOLVED that, pursuant to a Public Hearing having been held on April 22, 1980 on Petition 80-2-1-8 as submitted by Dr. Jose Evangelista requesting to rezone property located on the south side of Seven Mile Road, east of Middlebelt in the Northwest 1/4 of Section 12, from R-9II to C-2, the City Planning Commission does hereby table the petition until April 29, 1980. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 80-3-1-9 by Livonia Builders, Inc. , to rezone property located on the northwest corner of Wayne Road and Joy Road in the Southwest 1/4 of Section 33, from RUF to C-2. tiMr. Andrew: Is there any correspondence on this matter? Mr. Nagy: We have a letter from Engineering indicating that Joy Road has not been dedicated to its fullest width in accordance • with the Master Thoroughfare Plan. 7279 Lidia Veri:1[1; We would have some buildings, a couple of retail stores and a sit down pizza parlor. Mr. Andrew:IL The Future Land Use Plan projects local commercial development and as such would you amend your petition from C-2 to C-1? Mrs. Veri: We are opposed to C-1. Only carry out pizza is allowed in C-1 and we would be interested in a sit down pizza parlor. Mr. Andrew: Do you think you will have multi-tenants? Mrs. Veri: Probably. Mr. Falk: I can see a possibility of a liquor license down the road a bit which is objectionable to me given the location of the church just across Wayne Road. Mrs. Veri: Mr. Del Signore is here and he might be better able to answer that and the proposed restaurant. Mr. Del Signore: I understand the Church is too close. We would not seek a waiver on the Class C liquor license. Mr. Kenneth Schreufnagle: I am north of the property in question and I was concerned 8889 Wayne Road about the type of development that would be going in. There is already a take out pizzeria, Dino's, in the area. 4 Mr. Vyhnalek: How large is your property? 4 Mr. Schreufnagle: About 3/4 of an acre. Mr. Andrew: Should the zoning be accomplished, site plan approval would then be required. Should a liquor license be sought a public hearing will be held. Also a public hearing would be needed for a restaurant. Mrs. Veri has indicated she proposed possibly multi-tenant buildings with the greater majority given to a pizza operation. Bear in mind that if the rezoning is accomplished, there are no conditions that this proposal will have to be carried out. Ownership of the property could change and a different C-2 operation go in instead of a pizzeria. Mrs. Scurto: How far is the property from the Church? Mr. Nagy: 350 feet. The requirement for a liquor licensed operation is that there be a 500 foot separation from a church as required by the Liquor Control Commission. Walter Meyers: I am the owner of Lot 29 and my property abuts this parcel. We are 8854 Roslyn opposed to this. Mrs. Friedrichs: What do you feel would be a possible use for this land? 1[MMrs. Meyers: I have no idea. When we moved here we checked to see if it was RUF. Mr. Andrew: How big is the parcel in question? 4 Mrs. Veri: One acre. , 7280 Mr. Smith: It is unrealistic to think it will stay RUF. I support C-1. 1(; I live near an area where a pizza parlor started with two tables, got a liquor license, and grew bigger. It is disruptive to the whole 11 neighborhood. Mrs. Scurto: How do you feel about a multiple dwelling or doctor's office? Mrs. Meyers: If I had my choice that would be better. Mrs. Scurto: I could see this as P.S. or some sort of compatible zoning to the residential area keeping in mind this is a busy street. It is un- realistic to think this is going to be developed as a residential area. I have the utmost respect for Mrs. Ver. as a builder but I feel this proposal is not best suited to the residents. Mr. Nagy: There is an ordinance amendment to C-i zoning. It would provide for some limited consumption of food, with a maximum 16 seats, in any such restaurant. Waiver use approval still would be sought. With that amendment there would be no provision for a liquor license. The amendment is in the legislative committee right now. Mr. Falk: Mrs. Veri, how do you feel about the limited seating capacity? Mrs. Veri: If I cannot get C-2 I will give it back to the owners. There was no one else present wishing to be heard regarding this item, Mr. Andrew Chairman, declared the public hearing on this petition closed. f On a motion duly made by Mrs. Scurto, seconded by Mr. Smith, it was #4-100-80 RESOLVED that, pursuant to a Public Hearing having been held on April 22, 1980 on Petition 80-3-1-9 as submitted by Livonia Builders, Inc. , requesting to rezone property located on the northwest corner of Wayne Road and Joy Road in the Southwest 1/4 of Section 33, from RUF to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 80-3-1-9 be denied for the following reasons: (1) The proposed zoning would be incompatible with the abutting residential subdivision. (2) The proposed zoning would provide for uses that would tend to generate undue amounts of traffic to and from the site thus adding significantly to an already congested area. (3) There is already an over abundance of C-2, general commercial, zoning in the area to adequately provide for a variety of such commercial facilities as would be permitted. (4) The location of the land area proposed to be rezoned and the uses permitted by the proposed zoning district are such that its size and character will not be in harmony with the appropriate and orderly development of the surrounding neighborhood. FURTHER RESOLVED that, notice of the above Public Hearing was published 4 7281 in the official newspaper, the Livonia Observer, under date of 4/3/80 IC 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 a of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Smith, Scurto, Falk, Morrow, Vyhnalek NAYS: Kluver, Andrew ABSENT: Zimmer Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 80-3-1-10 by the City Planning Commission to rezone property located on the west side of the I-275 Freeway, North of Five Mile Road in the Southwest 1/4 of Section 18, from M-1 to R-2C. There was no one present wishing to be heard regarding this item, Mr. Andrew, Chairman, declared the public hearing on this petition closed. On a motion duly made by Mr. Smith, seconded by Mr. Falk, and unanimously adopted, it was #4-101-80 RESOLVED that, pursuant to a Public Hearing having been held on April 22, IL 1980 on Petition 80-3-1-10 as submitted by the City Planning Commission to rezone property located on the west side of the 1-275 Freeway, north of Five Mile Road in the Southwest 1/4 of Section 18, from M-1 to R-2C, the City Planning Commission does hereby recommend to the City Council that Petition 80-3-1-10 be approved for the following reasons: (1) This proposal represents a minor extension of the adjacent residential zoning district. (2) This change in zoning will provide a zoning district for the subject parcel compatible with the existing subdivision to the north. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 4/3/80, 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 80-3-1-11 by the City Planning Commission to rezone property located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4, from C-2 and RUF to P.S. Mr. Andrew: This is a petition by the City Planning Commission to rezone this property to a less intensive land use. Chas. Tangora: I represent Dr. Goldstein who owns a part of the property in question. J I believe Mr. Margolis owns the larger parcel. Dr. Goldstein bought this property in 1972. At that time it was zoned C-2 and a commercial price was paid for the property. Council approved a waiver use but there was a decision not to develop this. We are in the process of bringing another proposal. We object to any rezoning. 7282 Mr. Andrew: How soon would you propose to bring in the new plan? 1 1(; Dr. Goldstein: Within the next month or less. ILMr. Falk; Will this be another food chain? Mr. Tangora: Yes. Mr. Falk: I feel this will be just another rehashing of something we have already gone through twice. Mr. Andrew: I feel we should not prejudice the new petition. Dr. Goldstein: The council approved the petition, why not twice? E.J.Bagnall: My piece of property I would like to stay the way it is RUF. 19323 Farmington Livonia Mrs. Friedrichs: Have you discussed this rezoning prior to this? Mr. Bagnall: No. There was no one else present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on this petition closed. On a motion duly made by Mr. Kluver, seconded by Mrs. Friedrichs, it was 1[0 #4-102-80 RESOLVED that, pursuant to a Public Hearing having been held on April 22, 1980 on Petition 80-3-1-11 as submitted by the City Planning Commission to rezone property located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Sectiorr 4, from C-2 and RUF to P.S. , the City Planning Commission does hereby table Petition 80-3-1-11. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Morrow, Vyhnalek, Andrew, Friedrichs NAYS: Smith, Scurto, Falk ABSENT: Zimmer Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 80-2-2-7 by David E. Bates requesting waiver use approval to sell and install remanufactured automatic transmissions within an existing building located on the south side of Capitol Avenue, east of Farmington Road in the Southwest 1/4 of Section 27. On a motion duly made and seconded, it was #4-103-80 RESOLVED that, pursuant to a Public Hearing having been held on April 22, 1980 on Petition 80-2-2-7, and pursuant to a request dated 4/9/80 from David E. Bates, the City Planning Commission does hereby approve the withdrawal of Petition 802-2-7 as submitted by David E. Bates requesting waiver use approval 4 to sell and install remanufactiured automatic transmissions within an existing building located on the south side of Capitol Avenue, east of Farmington Road in the Southwest 1/4 of Section 27. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopte. • 7283 Mr. Falk announced the next item on the agenda is Petition 80=3-1-12 by the Michigan Home for the Armenian Aged, Inc. , to rezone property located on the west side of Middlebelt, north of Five Mile Road in the Southeast 1/4 of Section 14, from R-9-I to P.S. Mr.. Nagy: We have a letter dated March 28, 1980 from Engineering signed by Gary Clark indicating there are no engineering problems associated with this proposal. We have a letter dated April 16, 1980 from the Livonia Education Association (adjacent to the Armenian Home) and they give their full support. The letter is from the Executive Director, Mr. Reynolds. Roy Albert: We would like to add on a small addition to the home. Architect Mr. Andrew: Are you ready to proceed immediately? Mr. Albert: yes. There was no one present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on this petition closed. On a motion duly made by Mr. Morrow, seconded by Mr. Smith, and unanimously adopted, it was 10 #4-104-80 RESOLVED that, pursuant to a Public Hearing having been held on April 22, 1980 on Petition 80-3-1-12 as submitted by the Michigan Home for the Armenian Aged, Inc. , requesting to rezone property located on the west side of Middlebelt, north of Five Mile Roadin the Southeast 1/4 of Section 14, from R-9-I to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 80-3-1-12 be approved for the following reasons: (1) This proposed zoning represents a minor extension of office zoning into a residential area. (2) The proposed zoning will have no adverse effect on surrounding residential uses in the area. (3) The proposed zoning will provide for a minor expansion of a use currently existing in the area. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 4/3/80 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. I() Mr. Falk announced the next item on the agenda is Petition 80-3-3-2 by Jeanette and ILManuel Gamboa requesting the vacating of a public alley located south of 4 Five Mile Road, west of Cavour Avenue in the Northwest 1/4 of Section 24. Mr. Andrew: What is the width of the alley? 0 7284 Mr. Nagy: 20 feet. We have correspondence from Gary Clark, Engineering, indicating 1r, that a full width easement should be retained. We have a letter dated April 18, 1980 from Mary Corsi, 5400 Ternes, Dearborn, stating she is ' IL against the closing of this alley. We have a letter from Detroit Edison indicating they have no objection as long as an easement is reserved. Manuel Gamboa: I would like the alley paved because I need more parking lot. Mr. Andrew: When you vacate you only get half of it. Mr. Gamboa: I realize that. Mr. Andrew: Have you had time to analyze the parking situation? Mr. Nagy: We have analyzed the situation and it is the opinion of our professional staff that the alley vacating will not benefit the petitioner in the terms of what he wishes. It will work to his detriment. We tried to meet with him and show him our thinking on it. Mr. Shane: We met with Mr. Gamboa today and explained to him our proposal with drawings. Mr. Gamboa presently has 14 spaces at this particular time. He could have 16 spaces if he would remove the bumper blocks and thus have a better vehicle circulation with respect to customers and service vehicles within the parking lot. With the 10 feet vacating it would not be sufficient to accommodate good traffic circulation and service drive. We can achieve 2 or 3 additional spots and still have a better vehicular circulation with the alley open. IL Mr. Gamboa: The previous owner had trouble when he removed the bumper guards with speeding kids. . Mr. Andrew: With the new shopping center coming in at that corner I do not know what the traffic flow will be. I am hesitant to approve the vacating. You could try the alternative. If you continue to have problems then you can come back. John Themelis: This will force our deliveries and supplies to come in through the 15282 Middlebelt front. I see no reason to vacate the alley. We are going to be Livonia in trouble. Mr. Nagy: If the petitioner withdraws his petition he reserves the right to come back in the future. Mr. Andrew: Would you be in favor of withdrawing the petition? Mr. Gamboa: I do not want to make any enemies. I will withdraw and try the alternative. There was no one else wishing to be heard on this item. Mr. Andrew, Chairman, declared the Public Hearing on Petition 80-3-3-2 closed. ICOn a motion duly made by Mr. Kluver, seconded by Mr. Morrow, and unanimously adopted, it was t 4 44-105-80 RESOLVED that, pursuant to. a Public Hearing having` been held on April 22, 1980 on Petition 80-3-3-2, and pursuant to a request by Jeanette & Manuel Gamboa, the City Planning Commission does hereby approve the withdrawal of Petition 80-3-3-2 by Jeanette & Manuel Gamboa requesting the vacating of a public alley located south of Five Mil,, Road, west of Cavour Avenue in the Northwest 1 .'4 of c'ctirn ?4. 7285 Mr. Falk announced the next item on the agenda is Petition 80-1-6-5 by the City Planning Commission to amend Section 2.09, Definitions of Parking Terms, and Section 18.37, Offstreet Parking Requirements, of Zoning Ordinance #543, pertaining to offstreet parking space sizes. There was no one wishing to be heard regarding Petition 80-1-6-5. Mr. Andrew, Chairman, declared the Public Hearing closed. On a motion duly made by Mr. Kluver, seconded by Mrs. Friedrichs, and unanimously adopted, it was #4-106-80 RESOLVED that, pursuant to a Public Hearing having been held on April 22, 1980 on Petition 80-1-6-5 as submitted by the City Planning Commission to amend Section 2.09, Definitions of Parking Terms, and Section 18.37, Offstreet Parking Requirements of Zoning Ordinance #543, pertaining to offstreet parking space sizes, the City Planning Commission does hereby recommend to the City Council that Petition 80-1-6-5 be approved for the following reasons: (1) Current and future trends toward reducing the overall size of automobiles warrants a reduction in the size of offstreet parking spaces required by the Zoning Ordinance. (2) Reduced parking space sizes will provide for more efficient land utilization, reduce parking surface areas, and more area for landscaping purposes. (3) The proposed Ordinance will provide for parking space sizes more in keeping with general trends while at the same time providing for flexibility in achieving superior parking arrangements. FURTHER RESOLVED THAT, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 4/3/80, 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 Revised Preliminary Plat for Elliott Industrial Park Subdivision proposed to be located on the west side of Merriman Road, north of the C & 0 Railway in the Northeast 1/4 of Section 27. Mr. Elliott Schubiner: This latest proposal, I do not think it is quite equitable at this late time. If a road would be put through it was stated it would be 200 to 300 years away. The City has several thousand feet they could use from their property rather than 30 feet from us. I feel Engineering is somewhat unfair. If you did not have the land we could reasonably negotiate the dedication of that 30 feet. As stated previously it would be 200 to 300 years before a road could be built on that dump. I don't see what purpose there would be to dedicate this property. I would like to have the plat approved as was submitted. 7286 Mr. Nagy: Engineering felt that the road alignment would be off center. The _ center is on the common property line. That is the reason they are requesting this 30 feet. At the present time the road is not needed. It is however, planned for on our Master Thoroughfare Plan. In additior;, Engineering indicated they would like a dedication of the T-type turnaround rather than an easement. Mrs. Scurto: The preliminary plat has indicated the T-type turnaround as an easement rather than a pure dedication to the City. Mr. Nagy: That is correct. Mr. Schubiner: I am not opposed to that if we can eliminate the 30 feet. Mr. Morrow: Since this is the first time we have had an opportunity to go over the Engineering suggestions I would be hard pressed to act on this favorably or unfavorably. They have serious concerns about these items. I do not mean this as a delay tactic but with the latest wrinkle that is my sentiment. Mrs. Friedrichs: If Mr. Schubiner agrees to the T-type turnaround could his petition be amended so we could vote on it? Mr. Falk: I have to go along with Mr. Morrow. I think we should respect Engineering's requests. Anyway the official deeds have not been exchanged as yet. ILMr. Feinberg: I have deeds in my office from General Properties to the City and the Mayor and City to General Properties. There is a minor problem. Mr. Schubiner's name is on a deed and he is in the process of conveying land from himself to General Properties. As soon as I have a recorded copy of that deed I will then complete the exchange. Mr. Schubiner: I have had the deed recorded today. Mr. Feinberg: This was simply an internal housekeeping job with Mr. Schubiner. ' There was no one else wishing to be heard further regarding this item. Mr. Andrew, Chairman, declared the public hearing on the Revised Preliminary Plat for Elliott Industrial Park Subdivision closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Falk, and unanimously adopted, it was #4-107-80 RESOLVED that, pursuant to a Public Hearing having been held on April 22, 1980 on Revised Preliminary Plat for Elliott Industrial Sub- division proposed to be located on the west side of Merriman Road, north of the C&O Railway in the Northeast 1/4 of Section 27, the City Planning Commission does hereby determine to table petition to April 29, 1980. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 1101 Mr. Falk announced the next item on the agenda is Preliminary Plat approval for 4 Trerice-Observer Industrial Subdivision proposed to be located on the west side of Levan Road between Industrial Road and the I-96 Freeway in the Northeast 1/4 ,of Section 29. 7287 Mr. Nagy: We have a letter dated April 10, 1980, Dept. of Safety, from Lt. Widmaier. They have no opposition to the proposal. We have a letter dated April 20, 1980, Fire Dept. by Ted Kovarik. We have a letter dated April 8, 1980 from Bureau of Inspection, by Frank Kerby. We have a letter dated April 22, 1980, from Industrial Development by Dan Gilmartin. Mr. Andrew: What is the sideyard requirement for Lot No. 2? Mr. Nagy: 25 feet on Industrial Road and 20 feet on the interior sideyard. Mr. Andrew: Are you planning on isolating Lot No. 2? It would hold a very narrow building. Ed Martin: I forsee Lots No. 1 and 2 being one site. Trerice Corp. Mr. Andrew: Lot No. 2 is 109 feet wide, 45 feet is lost for sideyards, you have only a 64 foot wide building. Mr. Martin: We have 12 clients and they are large users. I foresee No. 1 and 2 as one parcel. Mr. Andrew: How do you service Lot No. 1 assuming it is a separate parcel? Mr. Martin:IL We will have to talk with Edison on that. We will do one site at a time. Mr. Andrew: I feel power line easements should be shown on the preliminary plat. There was no one else wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the Public Hearing on Preliminary Plat approval for Trerice-Observer Industrial Subdivision closed. On a motion duly made by Mr. Kluver/ seconded by Mr. Vyhnalek, and unanimously adopted, it was #4-108-80 RESOLVED that, pursuant to a Public Hearing having been held on April 22, 1980, the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat approval for Trerice-Observer Industrial Subdivision Plat proposed to -be located on the west side of Levan Road between Industrial Road and the I-96 Freeway in the Northeast 1/4 of Section 29, be approved for the following reasons: (1) The Preliminary Plat is drawn in full compliance with the M-1 District Regulations of the Zoning Ordinance as well as the Subdivision Rules and Regulations. (2) All reporting City departments recommend approval. tv (3) The Preliminary Plat is drawn in such a way as to provide a 4 variety of lot sizes in keeping with good industrial subdivision platting concepts. FURTHER RESOLVED that, notice of the above hearing was sent to abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice have been sent to 7288 the Building Department, Superintendent of Schools, Fire Department, Police Department and Parks and Recreation Department. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 80-2-1-6 by R. Mansur to rezone property located north of the I-96 Freeway, east of Middlebelt Road in the South 1/2 of Section 24, from R-1-A to C-2 & P. Rep. Attorney: The north and east 20 feet of the parking plus east 20 feet of C-2 where it abuts abutting property will remain R-lA. The abutting property owners will purchase the property. Resident: You will make sure bumper guards are installed so they don't knock into the wall. Mr. Andrew: We cannot condition rezoning, but will look at that matter when the site plan is before us. We will also notify you when site plan is submitted. There was no one else present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 80-2-1-6 closed. On a motion duly made by Mr. Smith, seconded by Mr. Vyhnalek, and unanimously adopted, it was IL #4-109-80 RESOLVED that, pursuant to a Public Hearing having been held on April 22, 1980 on Petition 80-2-1-6 as amended, submitted by R. Mansure requesting to rezone property located north of the I-96 Freeway, east of Middlebelt Road in the South 1/2 of Section 24, from R-1A to C-2 & P, the City Planning Commission does hereby recommend to the City Council that Petition 80-2-1-6 be approved for the following reasons: (1) The subject property is presently unusable in its present R-1A zoning category sinde it is essentially landlocked. (2) The proposed P zoning district will provide a transitional or buffer between commercial and residential uses. (3) The proposed zoning represents a minor extension of the C-2 zoning category. (4) The proposed zoning districts provide reasonable usability for the properties affected while, at the same time, affording protection ' to abutting residential properties. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 2/28/80 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. On a motion duly made by Mr. Morrow, seconded by Mrs. Scurto, and unanimously adopted, it was 7289 #4-110-80 RESOLVED that, the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure requesting the seven day period concerning effectiveness of Planning Commission resolutions in connection with Petition 80-2-1-6, as amended, by R. Mansur requesting to rezone property located north of the I-96 Freeway, east of Middlebelt Road in the South 1/2 of Section 24. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow, seconded by Mr. Falk, and unanimously adopted, it was #4-111-80 RESOLVED that, the City Planning Commission does hereby approve the Final Plat for Veronica Industrial Park Subdivision proposed to be located east of Levan Road between Industrial Road and the C&O Rail- way in the Northeast 1/4 of Section 29, for the following reasons: (1) The Final Plat conforms to the previously approved preliminary plat. (2) The Engineering Division of the City of Livonia recommends approval of the Final Plat. (3) All of the financial obligations imposed upon the proprietor IL by the City have been complied with. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. . On a motion duly made by Mrs. Scurto, seconded by Mr. Falk, and unanimously adopted, it was #4-112-80 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 north side of Plymouth Road, west of Merriman Road in the Southeast 1/4 of Section 27. 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. Falk, seconded by Mr. Morrow, it was #4-113-80 RESOLVED that, the minutes of the 388th Regular Meeting and Public Hearings, held by the City Planning Commission on March 18, 1980, be approved. AYES: Kluver, Friedrichs, Smith, Scurto, Falk, Morrow, Vyhnalek 11: NAYS: None ABSTAIN: Andrew ABSENT: Zimmer 7290 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Irl, On a motion duly made by Mrs. Scurto, seconded by Mr. Falk, it was #4-114-80 RESOLVED that, the minutes of the 389th Regular Meeting held by the City Planning Commission on April 1, 1980 be approved. AYES: Friedrichs, Smith, Scurto, Falk, Morrow, Vyhnalek, Andrew NAYS: None ABSTAIN: Kluvea: ABSENT: Zimmer Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto, seconded by Mr. Falk, it was #4-115-80 RESOLVED that, the minutes of the 336th Special Meeting held by the City Planning Commission on April 8, 1980 be approved. AYES: Kluver, Smith, Scurto, Falk, Morrow, Vyhnalek, Andrew NAYS: None ABSTAIN: Friedrichs ABSENT: Zimmer Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution 4; adopted. 1 On a motion duly made by Mr. Morrow, seconded by Mrs. Scurto, and unanimously adopted, it was #4-116-80 RESOLVED that, pursuant to a letter dated April 2, 1980 from the Economic Development Corporation, the City Planning Commission does hereby approve the designation of property located on the northeast corner of Levan and Schdolcraft Roads in Section 20 as the Project Area as defined by Section 8 of Act 338, Public Acts of 1974, for the Levan Office Group in connection with a proposal to construct thereon an office building; subject property being legally described as: Beginning at the Northeast corner of said outlot "A", thence due south 300.00 feet along the east line of outlot "A", thence due West 33.14 feet, thence due North 12.00 feet, thence due west 106.86 feet, thence due North 288.00 feet, to a point on the North line of said outlot "A" thence due East 140.00 feet to the point of beginning. MADONNA ESTATES SUBDIVISION, A part of section 20, TLS, R9E, City of Livonia, according to the plat thereof, as recorded in Liber 86 of plats, page 34 of the Wayne County Records. . AND FURTHER, that the City Planning Commission does hereby recommend to the City Council that the Project Area and Project District Area be coterminus. f Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 4 On a motion duly made by Mr. Vyhnalek, seconded by Mr. Kluver, and unanimously adopted, it was 7291 #4-117-80 RESOLVED that, pursuant to a letter dated April 2, 1980 from the Economic Development Corporation, the City Planning Commission does hereby approve the designation of property located on the southwest corner of Schoolcraft Service Drive and Newburgh Road in Section 20 as the Project Area as defined by Section 8 of Act 338, Public Acts of 1974, for Phillip Barth in connection with a proposal to construct thereon an office building; subject property being legally described as: Lot 32 and S. 62 feet of Lots 29, 30 and 31, Schoolcraft Manor Subdivision No. 2, Recorded in Liber 69, Page 57, Wayne County Records, City of Livonia, Wayne County, Michigan. AND FURTHER, that the City Planning Commission does hereby recommend to the City Council that the Project Area and Project District area be coterminus. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto, seconded by Mr. Morrow, it was #4-118-80 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 80-3-8-11 by James Hoseyni requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to remodel an existing building located on the south side of Plymouth Road between Garden and Middle- belt Road in Section 36, be approved subject to the following conditions: (1) That Site Plan 8807, dated 4/11/80, prepared by Robert K. Seymour, Architect, which is hereby approved shall be adhered to; (2) That the building elevations as shwon on Plan. 8007, dated 4/11/80, prepared by Robert K. Seymour, Architect, which are hereby approved shall be adhered to with the added condition that the remodeled east and south walls of the building shall be painted; and (3) That the landscaping as shown on Site Plan 8007, which is hereby approved shall be installed by September 1, 1980 and thereafter permanently maintained in a healthy condition. (4) That the masonry wall trash enclosure will be painted to match the exterior of the building. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Scurto, Falk, Morrow, Vyhnalek, Andrew NAYS: Smith ABSENT: Zimmer Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. (140 7292 On a motion duly made by Mr. Falk, seconded by Mrs. Scurto, it was ; #4-118a-80 RESOLVED that, the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules and Procedure requesting the seven day period concerning effectiveness of Planning Commission resolutions in connection with Petition 80-3-8-11 by James Hoseyni requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to remodel an existing building located on the south side of Plymouth Road between Garden and Middlebelt Road in Section 36. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Scurto, Falk, Morrow, Vyhnalek, Andrew NAYS: Smith ABSENT: Zimmer Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto, seconded by Mr. Kluver and unanimously adopted, it was #4-119-80 RESOLVED that, the City Planning Commission does hereby approve the Sign Plan submitted in connection with a condition of approval of Petition 78-11-8-36 requesting approval of all plans required by Section 18.47 in connection with a proposal to construct a commercial building on the north side of Seven Mile Road between Farmington and Gill Roads in Section 4, subject to the following conditions: i (1) That the sign plan showing a 4' x 8' internally lighted wall sign for First Federal Realty, as prepared by the Lavanway Sign Company, which is hereby approved shall be adhered to; (2) That the sign shall be placed on the building mansard as illustrated with no part of the sign extending either above or below the mansard edge. / Mr. Andrew, Chairman, declared themotion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto, seconded by Mrs. Friedrichs, it was #4-120-80 RESOLVED that, the City Planning Commission does hereby rescind its action taken in Resolution #8-149-79, adopted August 7, 1979, wherein Site Plan No. 1778 was approved and does hereby determine to approve Petition 79-6-8-20P by T. H. Marsh Construction Company requesting approval of all plans required by Section 18.58 of Ordinance #543, as amended by Ordinance #1306, in connection with a proposal to construct an addition to a party store located on the south side of Plymouth Road between Stark and Wayne Roads in Section 33, subject to the following conditions: (1) That Site Plan No. 80D-545, dated 4/12/80, prepared by Affiliated Engineers, Inc. , which is hereby approved shall be adhered to; and ir ( # 1 (2) That all landscape materials as shown on the approved plan shall be installed on the site by June 1, 1980, thereafter permanently maintained in a healthy condition. 7293 A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Scurto, Falk, Andrew NAYS: Smith, Morrow ABSTAIN: Vyhnalek ABSENT: Zimmer Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow, seconded' by Mr. Kluver, it was #4-121-80 RESOLVED that, the City Planning Commission, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, does hereby establish and order that a public hearing be held to determine whether or not to amend Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, to change the designation of property located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4, subject property described as follows: That part of the S.E. 1/4 of Section 4, T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the West line of Farmington Road (120 feet wide) distant N. 0° 0' 50" W. , 675.0 ft. and S. 89° 57' 10" W. , 60.0 feet from the S.E. corner of. said Section 4; proceeding thence S. 89° 57' 10" W., 441.20 feet; thence N. 0° 0' 50" W., 150.0 feet; thence N. 89° 57' 10" E. , 225.0 feet; thence N. 0° 0' 50" W. , 75.0 feet; thence N. 89° 57' 10" E. , 216.20 feet to the West line of Farmington Road; thence S. 0° 0' 50" E. , along said West line 225.0 feet to the point of beginning. FURTHER RESOLVED that, notice of time and place of said hearing shall be published in a newspaper of general circulation in the City of Livonia and a nptice by registered United States mail shall be sent to each public utility or railroad company owning or operating any public utility or railroad within the City of Livonia in accordance with the provisions of Act 285 of the Public Acts of Michigan, as amended. from General Commercial to Office . A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Scurto, Falk, Morrow, Vyhnalek, Andrew NAYS: Friedrichs, Smith i ABSENT: Zimmer Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 390th Regular Meeting and Public Hearings held by the City Planning Commission on April 22, 1980 were adjourned at 10:20 p.m. 1411[ CITY PLANNING COMMISSION / / ATTEST: �" dir / Daniel R. Andrew, Chairman d o-/ph/ alk, Secre ry