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HomeMy WebLinkAboutPLANNING MINUTES 1980-06-24 7325 • MINUTES OF THE 394th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 24, 1980, the City Planning Commission of the City of Livonia held its 394th Regular Meeting and Public Hearings at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Public Hearing and Regular Meeting to order at 8:07 p.m. with approximately 200 interested persons in the audience. Members Present: Daniel R. Andrew Jerome Zimmer* Joseph J. Falk Herman H. Kluver Judith Scurto Donald Vyhnalek C. Russell Smith R. Lee Morrow* Members Absent: None Messrs. John J. Nagy, Planning Director; H G Shane, Assistant Planning Director; Ralph H. Bakewell, Planner IV, 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. Andrew announced that Sue Sobolewski was a newly appointed member of the Planning Commission whose appointment is effective July 11, 1980. She was only observing and would refrain from voting and 10 discussion of items. Mr. Joseph Falk announced the first item on the agenda is Petition 80-5-1-17 by the Livonia Public Schools to rezone property located on the southeast corner of Fairfield and Orangelawn Avenue in the Northwest 1/4 of Section 34, from P.L. to R-1. Mr. Andrew: Mr. Nagy, is there any correspondence on this matter? Mr. Nagy: We have a letter dated May 12, 1980 from Arthur W. Howell, Livonia Public Schools, Career Center, to the City Planning Commission and City Council. We have a letter dated June 19, 1980 from the Old Rosedale Garden Homeowners Association signed by Mr. Robert Moser of 11420 Blackburn Avenue, objecting to the rezoning proposal. Art Howell: We have a home construction course at the Livonia Career Center. Career Center We feel this would be an ideal site to build homes. We would like to build six homes on Fairfield to begin with. In the long range plan we would like to try to reopen up Hubbard and build more homes there. Mr. Andrew: How soon would construction of these homes start? Mr. Longdrouche: We would plan to start the year after next, the 1981 school year We would build two homes per school year starting in 1981. We would be starting on Fairfield. I d Mr. Andrew: Are you aware that more than four lot splits are in violation of the plat act? Mr. Longdrouche: Yes. .1, ., . I...al .V.L L.I 1.1.i. ,.. l.‘.i s L Lll'... Ji l.i ., Cl 1I i ,. 1 Mr. Vyhnalek: Where else do you have this project going in Livonia? Mr. Longdrouche: We built on Doris just south of Seven Mile and three homes on Mayfield next to Pierson Center on the east side. Mr. Vyhnalek: How long does it take to build a home, the whole semester? Mr. Longdrouche: Yes. We work five days a week for nine months. Mrs. Scurto: These are marketed afterward? Mr. Longdrouche: We sell them either on a cash basis or conventional mortgage. Mr. Zimmer: Do you sell them through a realtor? Mr. Longdrouche: We get advice from a realtor but we sell them directly. Mr. Andrew: Do you advertise in the paper? Mr. Longdrouche: The Livonia Observer and Oakland paper, Mr. Vyhnalek: What price range? Mr. Londgrouche: We review the neighborhood. We try to build a slightly better home than presently in a neighborhood. The last one we sold for $78,000. Mr. Vyhnalek: Brick on all sides? Mr. Longdrouche: Yes, we build a home with three bedrooms, family room, brick on all sides and an attached garage if we have room. I have a couple of photographs of past construction I would like to circulate. Mr. Andrew: Are there any other plans for the school? Mr. Longdrouche; It is to be continued to be used as an educational facility. It is not an elementary school any longer. Mr. Kluver: What is the approximate acreage as it now stands? • Mr. Longdrouche: Four acres. Mr. Kluver: How much will be left after building? Mr. Longdrouche: All available vacant land will be used up. Mr. Walkenhunt: On June 10 we discussed this proposal. At the meeting 89 to 0 were Old Rosedale against the rezoning. To do a better job we made a survey of the Gardens Home- neighborhood and adjoining streets to the west. The survey sheets owners Assoc. showed that 636 persons were against the proposal or 92.6%. We feel it is very important to keep the green area for our kids. We are a very crowded area and the kids use the playground continuously. We would like to give you copies of our survey for your records. Mr. Andrew: We would like to keep these. They will be made part of the record. Mr. Walkenhunt: That is fine. Mr. Andrew: The survey has three different areas in which you may respond. There are for, against and no answer boxes. I have to assume that this was' taken within the confines of Rosedale Gardens. Mr. Walkenhunt: All of Rosedale Gardens but we are missing one block. It includes all of Fairfield and east side of Fairfield. i Mrs. Scurto: Directly south of this adjacent to the church, is that an open field? Mr. Walkenhunt: That is owned by the Rosedale Association, a private corporation. It is a clubhouse. The section that is indicated by broken lines is owned by the church. up Mrs. Scurto: Is Rosedale Corporation made/of all the residents of Rosedale Gardens? Mr. Walkenhunt: The developer built the clubhouse for the residents many years ago. He then sold it to area residents. Mrs. Scurto: Is there not enough room for residents to play? Mr. Walkenhunt: No, it is not very big. It is a small area, not big enough for a baseball diamond. Mr. Kluver: I see a viable program by the Livonia Career Center. I commend them on their program but in a different area maybe. There is a major problem here of an area that is shy of park land. Mr. Smith: Are these homes built entirely by students? Mr. Howell: Yes, under the supervision of a licensed builder. Mr. Smith: This is done during school days? Mr. Howell: Yes, each class has a house to build on its own. Each student is required to have two years of carpentry training in order to build a home. Mr. Smith: I have feelings about building in such a high density area. This place is used by many kids and it is a place for them to go. I observed the playground the last few days and I saw hundreds of kids using the area. I feel you should find a more open area to coo such a project. I don't think that the neighbors would like to hear pounding, sawing and hammering for the next ten years either. This would take a long time to complete at the rate you plan to build. Mr. Longdrouche: The maximum time to build would be six years. A.G.Ballard: I am one of the members of the Rosedale Corporation. We were 11405 Cranston forced to buy the clubhouse many years ago when Mr. Sheldon-wanted to unload-it. They sold stock or bonds. We have just paid off the mortgage. We were thinking of trying to buy some property from the church. The clubhouse is used by the Livonia Ballet Group who would like to buy it. They are trying to raise the money. I think the City should buy the playground from the Board of Education and keep it as a park for the kids. I had an idea that originally the City owned it back around 1953 and traded it for something else with the Board of Education. Mr. Andrew: I am not certain. The City attorney's office advises us that there is no record of City ownership of that property. Mr. Vyhnalek: Unless someone else buys it other than the City something is going to eventually happen in that area. - 7328 Mr. Howell: As an alternative we feel the City could purchase it as is and use it for park purposes. 10'0: Mrs. Scurto: I Do the kids use the corporation property as well? Mr. Ballard: Somewhat. We have no objection. Mr. Andrew: Has the school board considered other offers on this parcel? Mr. Howell: At one time in the past but it was not a reasonable offer and could not be considered. The school board is willing to sit down and discuss the purchase of that property by the City. Donald Galem: I have a letter I would like to submit from the Presbyterian Church 9910 Cranston opposing the rezoning. Hubbard would have to be reopened eventually. Who would pay the costs of reopening the road and paving? Mr. Andrew: The developer is charged with the road improvement. I have your June 14th letter and I will make it part of the record. The Church states their reasons for opposing the petition because it would deny kids and adults use of the playground year round. There is a high degree of use presently. They would not transfer that use to Whitman or Shelden because the kids would have to cross major streets. Resident: I have been a consulting architect for 20 years. I am opposed to 9810 Blackburn the petition. The children use this playground year round. They need the area. If you cut off the playground from the school you will hamstring future development of that property. It would be difficult to reuse Rosedale School without additional property for landscaping and parking. 11; Corrine Thomas: I live at the corner of Fairfield and Orangelawn. I talked to all 9837 Fairfield my neighbors on Fairfield and the residents would like to retain the property as it is now. We have more young couples with children moving into the area as our home is more extinct and young families can afford to live here. Dwight Roush: This is a desirable place to live because of that park. Without it 11047 Blackburn our property values would be lower. Mr. Howell: We would welcome an offer by the City. It is the City's responsibility to provide park space for residents. We would like to sit down and talk about a land purchase agreement. Mr. Zimmer: I would like to congratulate the residents in the area for showing their interest. Your continued interest in our area's problems really shows in our neighborhood. Keep up the good work. The south end of Livonia has been struggling for many years with problems and your continued • support is needed. Mr. Andrew: Are there any further comments? There was no one else present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. 01 On a motion duly made by Mr. Zimmer, seconded by Mr. Smith, it was 7329 #6-155-80 RESOLVED that, pursuant to a Public Hearing having been held on June 24, 1980 on Petition 80-5-1-17 by the Livonia Public Schools requesting to rezone property located on the southeast corner of Fairfield and Orangelawn Avenue in the Northwest 1/4 of Section 34, from P.L. to R-1, the City Planning Commission does hereby recommend to the City Council that Petition 80-5-1-17 be denied for the following reasons: (1) The proposed rezoning would provide for the removal of an open playground area much utilized by the surrounding neighborhood. (2) The rezoning of subject lands would provide for residential use of land needed to maintain the inventory of park and open space for an area which only ranks 25th out of 36 in the ratio of park land to population. (3) The rezoning of subject lands would provide for several additional homes thus adding population while at the same time reducing the amount of open space in one of the most heavily populated neighborhoods in the City. (4) The proposedrezoning is in conflict with the adopted Future Land Use Plan which recommends retention of the community service classification for the property. FURTHER RESOLVED, that notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 6/5/80 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Zimmer, Smith, Falk, Morrow, Vyhnalek, Andrew NAYS: Scurto ABSENT: None Resident: Is it possible to get a copy of the planning staff recommendation: Mr. Andrew: The recommendation was a tabling resolution. Resident: Can we ask why someone voted "no"? Mr. Andrew: No. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk, announced the next item on the agenda is Petition 80-5-1-18 by Construction Craftsman Corporation to rezone property located on the northeast corner of Merriman and Seven Mile Roads in the Southwest 1/4 of Section 2, from RUFA to P.S. and R-7. Mr. Andrew: Mr. Nagy, any correspondence on this petition? • - 7330 ' Mr. Nagy: We have a letter dated May 28, 1980, from Gary Clarke, Engineering Dept. indicating there are no sanitary sewers and the closest storm sewer outlet has limited capacity. We have a letter from the Dept. of Public Safety, Division of Fire, dated June 23, 1980 by Ted Kovarik. We have a letter from Department of Public Works, Bureau of Inspection dated June 24, 1980. 4 Norman Naimhart: The trend at our larger intersections are leaning toward this type Construction of development. In the area 2/3 of the land is used for other Craftsman Corp. than residential. The area is growing and will grow heavier. A need for professional services may not be needed immediately but in the future it will be needed. I do not feel this is appropriate for residential. We will work with Engineering on the sewer problems. We will make sure the engineering requirements are properly met. I have been in the business for 30 years and I would be very happy to show you some pictures of the medical and apartment buildings I have built. Mrs. Scurto: One mile south of Seven Mile Road some new homes were built. Have you considered the possibility of going with a total R-7 development since there is an abundance of P.S. in that area. Mr. Naimhart: I have considered that possibility. I have an agreement on the land and the owner would not sell it for only R-7 because of the additional value in P.S. It is a growing neighborhood. It would seem to me whether there is a need today there will be in the future. Mr. Andrew: The owner of the property is the Archdiocese of Detroit and they have given you an option of some form to allow you to start a p rezoning contingent upon split zoning. • Mr. Naimhart: That is correct. Mr. Andrew: The Archdiocese wants "x" dollars regardless of what the zoning is. From an economical standpoint you could not make it come out with total R-7. Mr. Naimhart: The computation of the purchase price is predicated on a certain value for R-7 and a certain much greater value for P.S. Mr. Andrew: If you take the P.S. and throw it into R-7 you are in trouble. Mr. Naimhart: It is not even close. Mr. Morrow: I cannot see introducing more P.S. in that particular section. I would be inclined to go along with the R-7 zoning. Mr. Kluver: There are many "for lease signs" througout the City in front of P.S. developments. Mr. Falk: I never thought anyone would build homes at the corner of Merriman and Six Mile and they built three and sold them. The future land use shows medium density for this area. We already have an intrusion of P.S. and a shopping center here. There is enough traffic there al- 4 ready. There were homes also built at Six and Farmington. Why can't they put homes there. I cannot support anymore P.S. Mr. Morrow: The R-7 is in compliance with the future land use plan and the P.S. is not. - 7331 Mr. Zimmer: All that land is currently in one ownership? • Mr. Naimhart: It is single ownership. Mr. Zimmer: How long? Mr. Naimhart: A very long time. Ms. Sharon Taylor: We have a good area but not a great area. The area can't 19439 Merriman carry that much P.S. It needs those homes that Six and Merriman has. Ms. Boudner: The corner of Seven and Merriman is a very dangerous shopping 19729 Merriman center. People go past the light and then stop and turn in there quickly. Ms. Dorothy Lessner: I have a home on a double lot at the corner. We have had two 19405 Merriman Ct. accidents already. We have to wait to get out the traffic is so bad. Ms. Mary Stewart: I have a petition with 260 names of people in the area who are 19205 Merriman Ct. opposed to the development. We do not need more traffic on Seven Mile Road. Mr. Andrew: We will accept the petition and make it part of the public record. Ms. Lindahl: When we were in the process of buying this home I called Wayne 1!: 19475 Merriman County Road Commission and they indicated there would no property , taken for widening for 10 years. When I called the City they told me this parcel was zoned for single homes and that's what I 4 would like to see there. Mike Stewart: There is an apartment development one mile down. There are at 19205 Merriman least two more P.S. centers within a mile from here to Livonia Mall. Mark Winterhalter: We made some inquiries regarding sale of the property but 19250 Merriman Ct. we have not heard anything as yet. , Jean Warren: Do we have any right to say what goes in there? Mr. Andrew: This public hearing on the rezoning is held to review the petition and to listen to the area residents. There are other hearings held in the future if the rezoning is accomplished where the petitioner will return to us for site plan approval. At that time we get into questions of parking, how high, landscaping, how many apartments. Right now we are trying to determine if there is a need for the rezoning. Mr. Winterhalter: Hidden Pines is a new subdivision, a new hope. The area is expanding slowly but in my opinion would not need more P.S. There are four medical centers within a mile. 110 Mr. Morrow: Could homes be built along Merriman. Mr. Nagy: It could be platted as R-1. A series of courts coming off Merriman could be used. At 1.1 11110 Mr. Burholdt: This is a beautiful wooded area and I would like to see it R-1. 7332 Mr. Naimhart: I do not think it is economically feasible for a developer to come in and put homes in that location. (100 Mr. Smith: Would you be in favor of total R-7 development? Mr. Naimhart: I could not with the present agreement. If I could renegotiate and have total R-7 computations, it would be possible. There was no one else wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mr. Falk, seconded by Mr. Zimmer, and unanimously adopted, it was #6-156-80 RESOLVED that, pursuant to a Public Hearing having been held on June 24, 1980 on Petition 80-5-1-18 by Construction Craftsman Corporation requesting to rezone property located on the northeast corner of Merriman and Seven Mile Roads in the Southwest 1/4 of Section 2, from RUFA to P.S. and R-7, the City Planning Commission does hereby recommend to the City Council that Petition 80-5-1-18 be denied for the following reasons: (1) The proposed professional service zoning classification is in conflict with the adopted Future Land Use Plan. (2) The proposed professional service zoning would provide for additional office uses for which there is no demonstrated need. (3) The proposed changes of zoning would provide for uses that would not promote the orderly growth and development of the area. (4) The proposed changes of zoning would not provide for uses that would be compatible to the surrounding uses in the area. (5) The proposed changes of zoning would provide for uses which would tend to have a negative impact on traffic congestion in the area. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 6/5/80 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, Secretary, announced the next item on the agenda is Petition 80-5-2-15 by Frankie's Pizza requesting waiver use approval to expand an existing restaurant operation located on the north side of Grand River Avenue, west of Inkster Road in the Northeast 1/4 of Section 1. Mr. Nagy: We have a letter from Engineering indicating there are no problems in connection with this proposal. We have a letter from Edwin I.Cohn in behalf of Grand Center Incorporated opposing the petition with only 6 parking spots. • 7333 4100 Frank Yaquinto: 90% of my business is carry-out. I just added the lunch plate 6980 Crestwood in February. The tables were in the building when I bought the Dearborn Hgts. business in January. I'm opened from 11 a.m. to 1 a.m. in the 1:110morning during the week and 3 p.m. to 2 a.m. in the morning on Saturday and Sunday. I have two employees. Mrs. Scurto: Could you lease property for parking from next door? Mr. Yaquinto: It would not be worth it. This is simply a convenience that I offer for lunch. Like I say, 90% of my business is carry-out. Mr. Andrew: When does your lease expire? Mr. Yaquinto: 1985." Mr. Morrow: How many spaces is he deficient? Mr. Nagy: He has seven parking spaces now, possibly eight, as there is a space in the rear that would serve as a parking spot for an employee. Presently he has 4.tables with 4 chairs each. He has parking enough to allow 2 tables with 4 chairs. each. Mr. Andrew: You could appeal to the Zoning Board and possibly get the 4 tables. The fee is $50.00 or you could remove 2 tables. Mr. Yaquinto: I will appeal. Mr. Smith: The area is small and crowded. It can become unsitely if the tables are not bussed immediately. I do not favor the 4 tables. ' Mr. Zimmer: Two or eight I do not think that that piece of land is suitable for a sit down restaurant. It is too small. Ms. P.Vittale: How many parking spaces does he need to keep the tables? 27450 Gd.River Mr. Nagy: 11 or 12 spaces depending on actual number of employees. Mr. Morrow: I am not sure of a waiver use if I could support it, knowing of the parking problem. Mr. Yaquinto: Those tables have been there 3 1/2 years and now they say they shouldn't be there. Where were the inspectors before. I come in and I am cited and I have to pay $25.00 here and $50.00 here. I don't understand. Mr. Falk: It is a shame. I don't think you have been singled out. We are trying to help you solve the problem without creating additional - expense to you. Some of the commissioners have expressed their views about the issue in order to help you in the future. Mr. Andrew: You need 4 parking spaces for the 2 employees and 2 for the carry-out. You have 4 spaces left or 8 seats. Mr. Yaquinto: I will take out 2 tables. Mr. Andrew: You will have to submit a revised floor plan and limit the seats. There was no one else present wishing to be heard regarding this petition. 7334' Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mr. Smith, seconded by Mrs. Scurto, and adopted it was #6-157-80 RESOLVED that, pursuant to a Public Hearing having been held on June 24, 1980 on Petition 80-5-2-15 by Frankie's Pizza requesting waiver use approval to expand an existing restaurant operation located on the north side of Grand River Avenue, west of Inkster Road in the Northeast 1/4 of Section 1, the City Planning Commission does hereby determine to table Petition 80-5-2-15 until the Study Meeting to be conducted on July 1, 1980. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Smith, Scurto, Falk, Morrow, Vyhnalek, Andrew NAYS: Zimmer ABSENT: None Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 80-5-2-16 by John A. Turmala requesting waiver use approval to construct a building on property located at the southeast corner of Melvin Avenue and Seven Mile Road in the Northeast 1/4 of Section 11. Mr. Nagy: We have a letter from Engineering Division indicating the legal description meets approval. We have a letter from W. Sutherland, Board of Wayne County Road Commissioners. We have a letter from Ted Kovarik, Public Safety and Fire Dept. Mr. Turmala: The location of the exit door on the west side will be approximately in the center. It will not be used as an entrance. There will be no hardware on it. The site plan does not reflect the Wayne County Road direction. I have a letter which I would like to enter into the record stating I will comply with the requested site plan changes of the county. Mrs. Scurto: Will this be a typical gray steel door? Mr. Turmala: I could use a glass door but then it looks like an entranceway. I could use a decorated solid door. I Mrs. Scurto: I would like to see the decorated solid door. Mr. Bakewell: I would like to point out some of the site plan changes. On the north elevation there are two more window sections added. Instead of six there are eight. There are some changes in the canopy. There is restricted lighting. Mr. Morrow: The row of trees between the restaurant and your property line will they be retained? Mr. Turmala: Probably will come down. Mrs. Scurto: The west elevation down to No. 5 roof structure does that look the same as the front. Is the shadow of the east side and that will take in t basic view of the project from 7 Mile? Mr. Turmala: True. .33 Mrs. Scurto: I thought there would be an abrupt stopping at No. 5 and that would shabby up the project. tf Mr. Vyhnalek: Looking from the south to the north on Melvin what part do you see from the roof? Mr. Turmala: Very little as we have almost 150 feet of distance. Mr. Zimmer: Where is the screening? Mr. Turmala: The mansard roof screening is on the west side as well as the front. Mr. Andrew: What effects will the Wayne County geometrics have on the site plan? Mr. Nagy: If you take a look at the landscape plan it will reflect the drive change. Mr. Bakewell: Basically the change on Seven Mile are the island on the extreme east of the entranceway we originally proposed 20 feet and the county wants 25 .feet and the county wants 25 feet and that is to accommodate the radius of the entranceway of the restaurant. They wanted a flair segment beginning 75 or 100 feet of the center of Melvin intersection and starting out on the south side of Seven Mile of this property and continuing on until it interconnects with a segment put in by Wickes in front of the restaurant exit driveway. Mr. Andrew: Does the landscape plan conform? Mr. Bakewell: Yes, although Mr. Turmala has not seen the landscape plan as yet. There was no one else present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Zimmer, and unanimously adopted, it was • #6-158-80 RESOLVED that, pursuant to a Public Hearing having been held on June 24, 1980 on Petition 80-5-2-16 as submitted by John A. Turmala requesting waiver use approval to construct a building on property located at the southeast corner of Melvin Avenue and Seven Mile Road in the Northeast 1/4 of Section 11, the City Planning Commission does hereby recommend to the City Council that Petition 80-5-2-16 be approved subject to the following conditions: (1) That site plan SD-1 prepared by Architects & Planners, Inc. dated 5/23/80 is hereby approved and shall be adhered to except as maybe modified to incorporate changes as to the geometrics suggested by the Wayne County Road Commission in a letter dated June 19, 1980. (2) That the building elevations shall comply to plan No. 8011 prepared by Architects & Planners, Inc. dated 6/23/80. (3) That the site shall be landscaped in accordance with plan prepared by the Planning Department staff and agreed to by the petitioner. (4) That a decorative solid door will be installed in the center of the west side of the building and used as an exit door only as required by the F41-4 Mmrshall.. • 7336 • (5) That the site landscaped areas shall be furnished with an under- ground sprinkler system. tj for the following reasons: (1) The proposed use complies with Zoning Ordinance #543, Section 11.03(p) . (2) The site has adequate capacity to support the proposed use. (3) The proposed use will be compatible to the surrounding uses of the area. FURTHER RESOLVED that, notice of the above Public Hearing was sent to property owners within 500 feet, petition 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 80-5-7-3 by the City Planning Commission to amend Part IV of the Master Plan of the City of Livonia, the Future Land Use Plan, by changing the designation of property located on the west side of Farmington Road, north of Seven Mile Road in thelSoutheast 1/4 of Section 4, from General Commercial to Office. Dr. V. Goldstein: I own the property immediately adjoining K-Mart. I purchased 33125 Five Mile it a few years ago as C-2 and would like to keep it that way. Al Margolis: I originally bought this with some others to hold as an investment 29520 Sherman and build a hardware store on it. I instead bought the present Lane place at Five and Farmington and I have no need for a hardware store here. It would have been there today though had I not purchased the other store. I used the warehouse for a number of years. We have people interested in it as C-2. Chas. Tangora: We filed a petition today on behalf of McDonald's Restaurants Inc. Attorney Jas. Bagnall: I would like to see it changed from commercial to office. I don't want no McDonald's next door to me. Mr. Andrew: This includes your property also. Are you in favor of the change on your property? Mr. Bagnall: Yes. Mr. Zimmer: The last consideration was another restaurant. It was denied here, approved by Council and then withdrawn. Has this been zoned commercial since the inception of the future land use plan? Mr. Nagy: The future land use plan was adopted in 1973. This parcel was zoned commercial prior to that. 7337 • There was no one else present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mr. Zimmer, seconded by Mr. Falk, it was RESOLVED that, pursuant to a Public Hearing having been held on June 24, 1980 on Petition 80-5-7-3 as submited by the City Planning Commission to amend Part IV of the Master Plan of the City of Livonia, the Future Land Use Plan, by changing 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, from General Commercial to Office, the City Planning does hereby recommend to the City Council that Petition 80-5-7-3 be approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Falk, Morrow NAYS: Kluver, Smith, Scurto, Vyhnalek, Andrew Mr. Andrew declared the resolution fails. On a motion duly made by Mr. Kluver, seconded by Mr. Smith and adopted, it was #6-159-80 RESOLVED that, pursuant to a Public Hearing having been held on June 24, 1980 on Petition 80-5-7-3 by the City Planning Commission to amend Part IV of the Master Plan of the City of Livonia, the Future Land Use Plan, by changing 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, from General Commercial to Office, the City Planning Commission does hereby recommend to the City Council that Petition 80-5-7-3 be tabled until the Study Meeting of July 15, 1980. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Smith, Scurto, Vyhnalek, Andrew NAYS: Zimmer, Falk, Morrow Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 80-1-6-1 by the City Planning Commission to amend Section 23.07 of Ordinance #543, to establish new regulations concerning the effect of protests to proposed amendments. There was no one in the audience wishing to be heard on this item. Mr. Andrew declared the Public Hearing was closed on Petition 80-1-6-1. On a motion duly made by Mr. Kluver, seconded by Mrs. Scurto and unanimously adopted, it was 0-160-80 RESOLVED that, pursuant to a Public Hearing having been held on June 24, 1980 on Petition 80-1-6-1 by the City PlanningCommission to amend Section 23.07 of Ordinance #543, the Zoning Ordinance of the City of Livonia, to establish new regulations concerning the effect of protests to proposed amendments, the City Planning Commission 1 does hereby recommend to the City Council that Petition 80-1-6-1 be approved for the following reasons: 7338 (1) This amendment would provide that subject section of the Zoning Ordinance would be consistent with State Law. (2) This amendment is recommended by the Department of Law. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 6/5/80, 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 Petition 80-5-6-7 by the City Planning Commission pursuant to Council Resolution #408-80 to amend Section 11.03 of Zoning Ordinance #543 to provide regulations to control theaters and the division of screens in theaters in C-2 Zoning Districts. There was no one in the audience wishing to be heard on this item. Mr. Andrew, Chairman declared the public hearing is closed on this item. On a motion duly made by Mr. Kluver, seconded by Mr. Smith and unanimously adopted, it was #6-161-80 RESOLVED that, pursuant to a Public Hearing having been held on il; June 24, 1980 on Petition 80-5-6-7 by the City Planning Commission pursuant to Council Resolution #408-80 to amend Section 11.03 of Zoning Ordinance #543, to provide regulations to control theaters and the division of screens in theaters in the C-2 Zoning District, Commission the City Planning/does hereby recommend to the City Council that Petition 80-5-6-7 be denied for the following reasons: (1) There is no demonstrated reason why the division of theaters so as to allow installation of additional movie screens would be detrimental to the appropriate and orderly development of the surrounding uses in the area or to the City of Livonia as a whole. (2) No evidence has been presented to show that the installation of one or more additional movie screens would be such that traffic to and from the use and the assembly of persons in connection therewith would be hazardous or inconvenient to the neighborhood. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 6/5/80, 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. 4 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 80-6-2-17 by Rocco Ferrera and Company requesting waiver use approval to construct an addition to an tied . existing building located on the south side of Eight Mile Road between Puriingbrook and Melvin in the Northwest 1/4 of Section 2. - 7339 Mr. Nagy: We have a letter dated June 2, 1980 from Engineering stating that there are no engineering problems in connection with this proposal. We have a letter from D. Gilmartin, Industrial Coordinator. We have a letter from Frank Kerby, Bureau of Inspection. , , , Ken Hale: Mr. Ferrera is interested in a 1,600 square foot addition which would Attorney enable him to store and clean up his business. Presently he has 100 people laid off. This addition would employ people for about three months. Mr. Ferrera is interested in working with the planning staff. As far as the greenbelt there is already a wall. Only the employees would see the greenbelt. As far as stockpiling some of the equipment involved in this business, such as some forms, exceed 8 feet. A general cleaning up can be accomplished. Mr. Andrew: Mr. Ferrera will have to work out a suitable landscaping plan. Mr. Vyhnalek: Mr. Ferrera has been in business since 1950 and has not done anything on his property to upgrade the landscaping along Eight Mile. Mr. Hale: There is not a great deal of room to landscape. Mr. Falk: I would like the chair to entertain a tabling motion. The matters pertaining to stagnant water, greenbelt in back need to be discussed. Maybe we can move the greenbelt from the back to the front. Mr. Ketchum: Where will the addition be? 20831 Purlingbrook i Mr. Andrew: Ten feet from his rear property line. 110,1, There was no one else present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mr. Falk, seconded by Mr. Morrow, and unanimously adopted, it was #6-162-80 RESOLVED that, pursuant to a Public Hearing having been held on June 24, 1980 on Petition 80-6-2-17 as submitted by Rocco Ferrera and Co. requesting i waiver use approval to construct an addition to an existing building located on the south side of Eight Mile Road between Purlingbrook and Melvin in the Northewest 1/4 of Section 2, the City Planning Commission does hereby determine to table Petition 80-6-2-17 until the Study Meeting to be conducted on July 1, 1980. 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, and unanimously adopted, it was 16-163-80 RESOLVED that, the minutes of the 392nd Regular Meeting and Public Hearings held by the City Planning Commission on May 20, 1980, be l approved. •11 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by,Mr. Vyhnalek, and unanimously adopted, it was ;,,,i,,., ,,n Mf lii I\ l`',101)iWi V./itl1 :, ! , ,', , . 7340 #6-164-80 RESOLVED that, the minutes of the 393rd Regular Meeting held by the City Planning Commission on June 10, 1980, be approved. Mr. Andrevif;Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Vyhnalek with unanimous adoption, it was 4 s #6-165-80 RESOLVED that, Joseph J. Falk is hereby elected Secretary of the Planning Commission for the year beginning July 1, 1980. On a motion duly made by.Mrs. Scurto with unanimous adoption, it was #6-166-80 RESOLVED that, Jerome Zimmer is hereby elected Secretary of the Planning Commission for the year beginning July 1, 1980. On a motion duly made by Mr. Falk with unanimous adoption, it was #6-167-80 RESOLVED that, Daniel R. Andrew is hereby elected Chairperson of the Planning Commission for the year beginning July 1, 1980. On a motion duly made by Mrs. Scurto, seconded by Mr. Morrow, and unanimously adopted, it was #6-168-80 RESOLVED that, pursuant to a letter dated June 17, 1980 from the Livonia Economic Development Corporation regarding a request by Art Van Furniture Tech Plaza, Inc., for approval of the Project Plan as defined by Section 8 of Act 338, Public Acts of 1974, the City Planning Commission does hereby approve the Project Plan for property located on the southeast corner of Seven Mile Road and ll' Melvin Avenue in the Northeast 1/4 of Section 11, City of Livonia, as described in the Project Area and Project District area approved by the City Council by Resolution #192-80, adopted on February 27, 1980. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Revised Site Plan submitted in connection with Petition 76-9-2-16 by Lindhout Associates requesting waiver I use approval to construct an addition to the existing Church located on the southeast corner of Farmington Road and Six Mile Road in the Northwest 1/4 of Section 15. Lawrence Butler: We would like to add a driveway which would serve as a pick-up 18858 Mayfield and drop-off area. We propose satellite parking at City Hall behind the Golden Lantern only on Sunday. We would like to add more satellite parking in the future which would eliminate the parking problem that presently exists. We hope to utilize different sites at different shopping centers that have low useage for satellite parking in the future. We have not approached any other site as yet. The busses would lessen the number of cars in the area now. Our agreements would be made to include that the area would be maintained and snow removal would be done for the parishoners. Mr. Vyhnalek: With some landscaping you won't see that road. Mrs. Scurto: This institution is eroding bit by bit all of the good things that were there. They are never ending in their growth requests. What was going on Mnndav eveninn with a„ ''- , h01 -4- r ", .. - 7341 co, Mr. Butler: That will not occur again. That was a once in a lifetime meeting that was called. There was no one else present wishing to be heard regarding this petition. On a motion duly made by Mr. Morrow, seconded by Mr. Falk, and adopted it was i #6-169-80 RESOLVED that, the City Planning Commission does hereby approve Revised Site Plan submitted in connection with Petition 76-9-2-16 by Lindhout Associates requesting waiver use approval to construct an addition to the existing Church located on the southeast corner of Farmington Road and Six Mile Road in the Northwest 1/4 of Section 15, be approved subject to the following conditions: (1) That Plan #8008, Sheet 1, dated 6/4/80, which is hereby approved shall be adhered to; (2) That landscape Plan #8008, Sheet L-1, dated 6/24/80, which is hereby approved shall be adhered to; and (3) That the proposed pick-up and drop-off driveway will be closed and secured by chain as proposed when not in use on Sundays. (4) That the driveway geometrics will conform to Wayne County Road requirements and signs posted as outlined in the Wayne County Road Commission letter dated 4/7/80. 1: (5) That all other conditions attached to the previous approvals of this petition by Planning Commission Resolution #10-194-76, adopted on 10/12/76, #10-211-76 adopted on 10/26/76, and #10-208-79 adopted on 10/30/79, and Council Resolution #1001-76 adopted on 11/23/76, are still valid and in full force and effect. A roll call vote on the foregoing resolution resulted in the following: RYES: Zimmer, Falk, Morrow, Andrew NAYS: Smith, Scurto ABSTAIN: Kluver, Vyhnalek 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 and unanimously adopted, it was #6-170-80 RESOLVED that, pursuant to Section 18.47 of Zoning Ordinance #543, as amended by Ordinance #990, the City Planning Commission does hereby determine to table Petition 80-4-8-13 by Pallos Architects requesting approval of all plans required by Section 18.47 in connection with a proposal to construct a commercial building on the south side of Eight Mile Road between Shadyside and Farmington Road in the Northwest 1/4 of Section 3, until the Planning Commission Study Meeting to be conducted on July 1, 1980. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow, seconded by Mr. Vyhnalek and unanimously adopted, it was 41110 1 7342 #6-171-80 RESOLVED that, pursuant to a Public Hearing having been held on June 24, 1980 on Petition 80-5-2-14, and pursuant to a request by Fred J. Armour dated 6/17/80, the City Planning Commission t does hereby approve the withdrawal of Petition 80-5-2-14 as submitted by Fred J. Armour requesting waiver use approval to construct a Knights Inn Motel on the north side of I-96 Freeway, east of Middle- belt in the Southwest 1/4 of Section 24. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 304th Regular Meeting and Public Hearings held by the City Planning Commission on June 24, 1980 were adjourned at 11:20 p.m. CITY PLANNING COMMISSION Jo ph J.,iJFa Sec ry ATTEST: D . / , - Daniel R. Andrew, Chairman