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HomeMy WebLinkAboutPLANNING MINUTES 1986-12-09 9812 MINUTES OF THE 528th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA 1[10 On Tuesday, December 9, 1986, the City Planning Commission of the City of Livonia held its 528th Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. C. Russ Smith, Chairman, called the meeting to order at 7:00 p.m. , with approx- imately 40 interested persons in the audience. Members present: C. Russ Smith Herman Kluver Donald Vyhnalek Sue Sobolewski Michael Soranno Richard Straub R. Lee Morrow Members absent: **Donna Naidow *Jeanne Hildebrandt Messrs. John J. Nagy, Planning Director, H. G. Shane, Assistant Planning Director, and Ralph H. Bakewell, Planner IV, were also present. Mr. Smith informed the audience that if a petition on tonight's agenda involves a rezoning request or a subdivision, this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing and decide the question. If a petition involves a waiver of use request and the request is denied, the petitioner has ten days in which to appeal the decision to the City Council; otherwise the petition is terminated. The Commission holds the only public hearing on a preliminary plat and/or a vacating petition. Planning Commission resolutions do not become effective until seven days after tonight. 111; Mrs. Sobolewski, Acting Secretary, announced the first item on the agenda is Petition 86-11-1-45 by Donald Colone for Westin Development to rezone property located on the east side of Baingridge, south of Five Mile Road in the Northwest 1/4 of Section 23 from RUF to P. Mr. Nagy: A letter in the file from the Engineering Division states they have no objection to this petition from an engineering standpoint. Michael Boggio, 255 South Woodward, Architect for the project: You will recall that we made some concessions on our previous rezoning request for the com- mercial and this was the second phase of our concessions and what we worked out with the adjoining residents in favor of this proposal. The map indicates that we are leaving 75' off Bainbridge as RUF and 50' as RUF on the south to be maintained as greenbelt forever. The additional parking zoning remains a good step down in the use from a commercial to the residential zones. This is all part of the master plan which we have worked on for some time. There was no one else present wishing to be heard regarding this item and Mr. Smith, Chairman, declared the public hearing on Petition 86-11-1-45 closed. On a motion duly made by Mr. Vyhnalek, seconded by Mr. Morrow and unanimously adopted, to it was 9813 #12-305-86 RESOLVED that, pursuant to Public Hearing having been held on December 9, 1986 on Petition 86-11-1-45 by Donald Colone for Westin Development Company requesting to rezone property located on the east side of Bainbridge, south of Five Mile Road in the Northwest 1/4 of Section 23 from RUF to P, the City Planning Commission does hereby recommend to the City Council that Petition 86-11-1-45 be approved for the following reasons: (1) The proposed change of zoning will provide for the completion of the petitioner's plan to develop the subject property in this area. (2) The proposed change of zoning will provide a substantial buffer area between proposed commercial uses and existing residences in this area. (3) The proposed change of zoning is compatible to and in harmony with the surrounding zoning in the neighborhood. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution adopted. *Mrs. Hildebrandt entered the meeting at 7:10 p.m. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 86-11-1-46 by Gerald Borregard to rezone property located on the east and west sides of Oporto, south of Six Mile Coad in the Northeast 1/4 of Section 14 from RUFA & R-5 to P.S. 11, Mr. Nagy: There is a letter in the file from the Engineering Division stating there are no City maintained storm sewers readily available to service the zoning areas in question. The nearest storm sewer system appears to be located approximately 200 feet south of the sites in Oporto Avenue. Gerald Borregard, 19706 Middlebelt, Livonia: I am one of four or five petitioners. We did bring this to you two or three years ago. We bought it as single farmily property but since then there has been development in the area. Everything east is professional or commercial. These six pieces are isolated. It was designed to be commercial at one time in the history of the property. We did have specific plans two or three years ago. We do not have specific plans now, just a request for continuity in the zoning. Grover Lewis, 30000 Six Mile Road: What will this do to the property value on the north side of Six Mile? Will it hurt it or up it? If this were to be rezoned, could the north side be rezoned too? Mr. Smith: The owners of property always have the right to petition for zoning. Historically, professional services have not deteriorated the property values and have increased it in some cases. Mr. Lewis: We have homes here and I don't want the value of my home to go down. If it was rezoned on the south side, would our chances be better to have the north side rezoned as well? • 9814 Mr. Smith; Every petition is taken on its own merits and I can't answer that. Mr. Borregard: We don't have any plans but you have professional zoning close to you now. L Mr. Smith; What uses are allowed in the P.S. zone, Mr. Nagy? Mr. Nagy: Under the terms of the Zoning Ordinance, professional uses are referred to as a degree of higher learning, for instance Engineers, Accountants, CPA. Real estate offices, insurance offices, are not permitted in the P.S. zone unless they are granted a waiver of use permit. Mr. Lewis: If it is rezoned professional service, general office or real estate would they have to come back for another petition? Mr. Nagy: Yes. Resident, 17005 Oporto: I live on the first piece of property south of the subject lot on the west side. Our long range goal is to replace our home. There is a thirty foot tree line that separates us from Six Mile. The value of our property will be adversely affected by this re- zoning because we will end up with a 300' wall. There will be an elevation in the noise level and there will be a dumpster. I don't see how Livonia residents will benefit from this rezoning. There is still property available for this kind of development. Within 100' of this property there are three professional buildings. I would request that I have more time to gather information as to why this zoning is not proper for this area. Ile Mr. Vyhnalek: You mentioned something about a tree line? Resident: The back of the three pieces are just trees and they are all the way back to the parking lot. Also, we have our own tree line. Mr. Vyhnalek: If this should go through, wouldn't it be a good point to leave the trees instead of having the wall? We are trying to do away with dumpsters in Livonia now and are encouraging the use of compactors instead. Mr. Kluver: What square footage of office is presently approved for construction and under construction in the City of Livonia? Mr. Nagy: That information is still being developed within our office and we are not prepared to give a figure this evening. Mr. Kluver: Over 100,000 square feet? Mr. Nagy: Yes. Mr. Kluver; Over 500,000 square feet? Mr. Nagy: Yes. "iv Mr. Kluver: Out of that, what do you estimate is professional service zoning? 9815 Mr. Nagy: About half. Mrs. Frank Brodick, 16971 Oporto: I live in the second house south of the proposed site. I speak for myself, husband and also my neighbors. We are all opposed to this rezoning. We were told a long time ago that if we made concessions on the Vargo property that there would be no more changes of zoning to Middlebelt. There are three professional buildings there now; one being just completed. I question the need for another. Mr. Soranno: What was the concession? Mrs. Brodick: They wanted a banquet room and we were against that. They wanted an addition and parking. If we would go for P.S. , and he sold it ultimately to the credit union, there would be no further develop- ment. The City made this statement a long time ago. Irene Bowers, 30269 Six Mile: My property is next to the restaurant. What happens to the taxes if this goes professional? Mr. Smith: Nothing to your taxes. Are you for this or against this? Mrs. Bowers: I am against it. Mr. Morrow: Can you help regarding the tax factor, John? Mr. Nagy: The valuation is made up of the property improvements and the land. The land would be more valuable as a result of the professional service classification. Taxes are a function of property values. Mr. Vyhnalek: Have you been approached to sell your property? IL Mrs. Bowers: No, not recently. Mr. Vyhnalek: Mr. Borregard, how many pieces of land do you own? Mr. Borregard: Only one, Lot #13. Mr. Vyhnalek: The lot to the west is vacant. Has he signed up with you? Mr. Borregard: Not Lot #13 or the two on the east. Mr. Morrow: I will not speak as to whether or not proprety values will go down but Six Mile is a primarily residential road. If we rezone that property to P.S. , it will complete that strip. Mrs. Sobolewski: I feel the same. I am disturbed that all the people have not agreed to this and I am not prepared at all to give it an okay. There was no one else present wishing to be heard regarding this item and Mr. Smith, Chairman, declared the public hearing on Petition 86-11-1-46 closed. On a motion duly made by Mr. Kluver and seconded by Mr. Morrow, it was #12-306-86 RESOLVED that, pursuant to a Public Hearing having been held on December 9, 1986 on Petition 86-11-1-46 by Gerald Borregard to rezone property 9816 located on the east and west sides of Oporto, south of Six Mile Road in the Northeast 1/4 of Section 14 from RUFA & R-5 to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 86-11-1-46 be denied for the following reasons: (1) The proposed change of zoning is in conflict with the Fu ure Land Use Plan which recommends retention of low density resid ntial uses for the subject properties. (2) The proposed change of zoning will provide for uses that are currently existing in the area along Six Mile Road. (3) The proposed change of zoning is incompatible to and not in harmony with the residential uses in the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance 41543, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Morrow, Soranno, Hildebrandt, Sobolewski, Straub, Vyhnalek NAYS: Smith ABSENT: Naidow Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 86-11-1-47 by Pamela J. Bacon to rezone property located on the west side of Farmington Road between Oakdale and Myrna Avenues in the South- east 1/4 of Section 16 from P.S. to R-3. Mr. Nagy: There is a letter in the file from the Engineering Division stating they have no objection to this proposal. Pamela J. Bacon, 22931 Summer House Court, Novi: I relocated in March this year to to this area after about a six month search. I purchased the property from a real estate company with the intent of building a house. I was not aware it was zoned professional when I purchased it. I realized it was zoned professional when I talked with the builder. That was the first I knew of it. My lease on the apart- ment is up in March. Mr. Morrow Are you aware that the property on the north is also professional? Ms. Bacon: I found out about that recently. The homes in the area are beauti- ful and no way would I think there would be residential with pro- fessional. Mr. Straub: What is the history of that P.S. zoning? Mr. Nagy: It appears it was placed there in about 1965. Mr. Vyhnalek: Can I ask Mr. Allen, who owns the property to the north, what his intentions are? 9817 Charles Allen, 9909 Shadyside: Basically, the listing under which Ms. Bacon bought the property stated professional zoning. We sold the property to a 1[10 dentist for professional. He never developed it but changed a house into a clinic. When they changed things in the City where you couldn't use houses for professional, we sold it and a few years ago I bought it and thought of tearing the building down and putting in parking. We decided to sell in two pieces when we could not sell the two for professional service. So, we sold this parcel to Pam and if you want to rezone the other piece to residential, that is okay with me. I have no objection. Mr. Soranno: Is it conceivable that anything but a house could go on that? Mr. Allen: If this is rezoned, it would not be economically feasible to develop the other piece in professional. Mr. Nagy: The south property line has 100' of depth. On the north 97' on an angle. The distance of the back appears to be 85' with 100' of frontage on Farmington Road. Mr. J. David, 15941: I own the property directly to the south and am happy with this request. I would like to see a copy of her plans and hopes she will participate in the setback. There was no one else present wishing to be heard regarding this item and Mr. Smith, Chairman, declared the public hearing on Petition 86-11-1-47 closed. 11, On a motion duly made by Mr. Morrow, seconded by Mr. Kluver and unanimously adopted, it was #12-307-86 RESOLVED that, pursuant to a Public Hearing having been held on December 9, 1986, on Petition 86-11-1-47 by Pamela J. Bacon to rezone property located on the west side of Farmington Road between Oakdale and Myrna Avenues in the Southeast 1/4 of Section 16 from P.S. to R-3, the City Planning Commission does hereby recommend to the City Council that Petition 86-11-1-47 be approved for the following reasons: (1) The proposed change of zoning is compatible to and in harmony with the surrounding zoning of the area. (2) The proposed change of zoning will provide for the use of the property for residential purposes in harmony with the adjacent residential uses. (3) The proposed change of zoning is compatible to the recommenda- tions of the Future Land Use Plan for the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution adopted. try Mrs. Sobolewski, Secretary, announced the next item on the agenda is Petition 86-10-2-36 by KFC Take Home Food Company requesting waiver use approval to construct a restaurant on the southwest corner of Farmington Road and Schoolcraft Service Drive in the Northeast 1/4 of Section 28. 9818 Mr. Nagy: There is a letter in the file from the Engineering Division stating that it appears that the subject petition is identical with Petition 85-12-2-47 and their comments regarding this petition are the same as outlined in their previous correspondence which states that it appears that an easement was retained over the original vacated alley to accommodate Detroit Edison facilities. The exist- pole line within the vacated alley may have to be relocated in order maintain specified clearances from the proposed building area. In addition, it is recommended that the drive approaches be reviewed by both the Wayne County Road Commission and the Michigan Depart- ment of Transportation with respect to their interests in Farmington Road and Schoolcraft Road respectively. Mr. Smith: The Commission has received a letter from the Mayor which states that he has no objection to the use of this property for restaurant purposes. The property was zoned C-2 as a result of a Court settlement in connection with a law suit initiated by Amoco Oil Company and since the property is zoned C-2 and will ultimately be developed for commerial purposes, it is his opinion that the pro- posed use will maximize on the positive attributes of commercial development; that is setback, landscaping and reasonable appear- ing architecture so as to be in harmony with the surrounding development of the area. David Jernigan, Architect, 26400 Lahser, Southfield: We felt that possibly the last time we were here there was concern about a. commercial development at this corner. We got the impression at the time that it was the Commission's desire that this be developed in an office type build- ing. Since then, the lot to the west is in the process of being developed and, in addition, a drive-in facility has been located on the north side of Schoolcraft. In light of this, we respectfully re-submit this for approval. Angelo D'Orazio, 17823 Country Club: There is commercial on all four corners in this area which is industrial. I am against a restaurant going in there. Mr. Morrow: How would you feel about a commercial type development as opposed to a restaurant? Mr. D'Orazio: I don't care about a commercial building but not a restaurant. There was no one present wishing to be heard regarding this item and Mr. Smith, Chairman, declared the public hearing on Petition 86-10-2-36 closed. A motion was made by Mrs. Hildebrant to approve Petition 86-10-2-36 but there was no support to the motion and Mr. Smith called for another motion. On a motion duly made by Mrs. Sobolewski and seconded by Mr. Kluver, it was #12-308-86 RESOLVED that, pursuant to a Public Hearing having been held on December 9, 1986 on Petition 86-10-2-36 by KFC Take Home Food Company requesting waiver use approval to construct a restaurant on the southwest corner of Farmington Road and Schoolcraft Service Drive in the Northeast 1/4 of Section 28, the City Planning Commission does hereby recommend to the City Council that Petition 86-10-2-36 be denied for the following reasons: 9819 (1) The petitioner has filed to affirmatively show that the proposed use is in compliance with the general waiver standards and require- ments set forth in Section 19.06 of Zoning Ordinance #543. (2) The proposed use would be detrimental to and incompatible with the surrounding uses in the area. (3) The proposed use would not promote the orderly growth and develop- ment of the surrounding area in accordance with the Future Land Use Plan but would tend to encourage further commercial uses in the area conflict with the Plan. (4) The development of office buildings adjacent to the subject property has demonstrated the viability of developing the subject property also for office purposes as permitted by the C-2 Zoning District. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Sobolewski, Kluver, Soranno, Morrow, Straub, Vyhnalek, Smith NAYS: Hildebrandt ABSENT: Naidow Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 86-11-2-38 by Richard D. Sikora requesting waiver use approval to utilize an SDM License in connection with an existing business located within the Laurel Commons Shopping Center on the north side of Six Mile Road, east of Newburgh in the Southwest 1/4 of Section 8. Mr. Nagy: There is a letter in the file from the Engineering Division stating they have no objections to this proposal. Richard Sikora, 9790 Roosevelt, Taylor: There will be strictly wines. No beer. Only fine wines. Mrs. Sobolewski: Why would you petition for this. Why would you want to sell wines? Are there wine sales in other bulk food stores? Mr. Sikora: There are nine franchises and all of them sell wine. Some people have asked if we will sell wine. Mrs. Sobolewski: Beer and liquor, too? Mr. Sikora: No, strictly wine. Mr. Soranno: If the SDM is granted and he was later to have beer, he could do that without coming back? IL Mr. Nagy: We are dealing with a zoning matter pursuant to a zoning require- ment. You are trying to regulate this by zoning. The applicant 9820 still has to apply to the State of Michigan for the license and he will be able to sell anything permitted by the license. I think you could place that restriction on it but I don't know how effec- tive it would be. to Mrs. Sobolewski; Do you have coolers for the wine? Mr. Sikora: It will be sold at room temperature. Usually, we just have the wine in the aisles. Mrs. Sobolewski: Do the other stores have beer, too? Mr. Sikora: No, no beer. Keith Sikora: I am in favor of this. We already have a cheese and dairy depart- ment and this will go along with that. This will not be a party store atmosphere. It will complement the business. Mr. Kluver: The impact of the use will always be there should it ever change uses. Mrs. Sobolewski: I don't want to jeopardize this gentlemen with something that might come along. Mr. Morrow: My sentiments run along with Mr. Kluver's. Mr. Kluver: Does the bulk store at Seven Mile and Farmington have a wine license? t, Mr. Sikora: I am not familiar with that store. It is a different store. Mr. K. Sikora: It is the same concept but a different store altogether. There was no one else present wishing to be heard regarding this item and Mr. Smith, Chairman, declared the public hearing on the Petition 86-11-2-38 closed. On a motion duly made by Mr. Kluver and seconded by Mr. Straub, it was 4112-309-86 RESOLVED that, pursuant to a Public Hearing having been held on December 9, 1986, the City Planning Commission does hereby recommend to the City Council that Petition 86-11-2-38 by Richard D. Sikora requesting waiver use approval to utilize an SDM License in connection with an existing business located within the Laurel Commons Shopping Center on the north side of of Six Mile Road, east of Newburgh in the Northeast 1/4 of Section 23 be denied for the following reasons: (1) The petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements set forth in Section 1906 of Zoning Ordinance 4543. (2) The proposed use would be detrimental to and incompatible with the surrounding uses in the area. (3) The proposed use would create added traffic congestion in the area. 9821 (4) The proposed use is contrary to the spirit and intent of the Zoning Ordinance which, among other things, is to promote and encourage a balanced and appropriate mix of uses and not over-saturate an area with similar type uses as is being proposed. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Straub, hildebrandt, Morrow, Smith NAYS: Soranno, Sobolewski, Vyuhnalek ABSENT: Naidow Mr. Smith, Chairman, declared the motion is carried and the forgoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 86-11-2-39 by Image 3 Development requesting waiver use approval for outdoor storage of contractors equipment on property located on the west side of Farmington Road, south of Schoolcraft in the Northeast 1/4 of Section 28. Mr. Nagy: A letter in the file from the Engineering Division indicates they have no objection to this proposal. Jim Livanos, 42566 Knollwood Ct. , Northville: One of our major tenants will be a con- tractor for an excavating company and will want to store equip- outside. Mr. Kluver: How many pieces of equipment are you talking about? Mr. Livanos: About five to six pieces. Two dump trucks, loader, backhoe. I was under the impression that the other partner would be here tonight. Mr. Smith: Less than ten pieces of equipment? Mr. Livanos: Yes. Mr. Morrow: That seems to be a fairly large parcel to accommodate less than ten pieces of equipment. I would be amendable to considering something of this nature but not for a large storage area for storing equip- ment. It is a valuable piece of property and too big an area to give up to outside storage of equipment. Mr. Vyhnalek; Why does he want to go the whole 500'? Mr. Livanos: We are two contractors sharing office space in Livonia. We are going to build a building. As we get more established, we would like to cut a piece for a building further back. We don't need 5OS' for outside storage. Is there a limit to a storage area? Mr. Nagy: There are some requirements. You would have to hard surface the area within a two year period and secure it with a fence no higher than eight feet and the stored materials cannot exceed eight feet. IlwMr. Morrow: I know we are in the middle of a public hearing, but we are handi- capped because one of the petitioners are not here and I would offer a tabling resolution if I have an opportunity. 9822 Mr. Kluver; I would be interested in seeing a list of the equipment that you plan to store and the approximate size of the equipment. Mrs. Hildebrandt: Since you have such a large area, if your equipment doesn't fill that area, do you have plans to rent space for storage of other contractors' equipment? Mr. Livanos: No. Mr. Vyhnalek; I am not against this but I sure do want to regulate it. If you can provide the things that Mr. Kluver asks for and get your other partner here, I can't see anything wrong with this but I do need to see that information. There was no one else present wishing to be heard regarding this item and Mr. Smith, Chairman, declared the public hearing on Petition 86-11-2-39 closed. On a motion duly made by Mr. Morrow, seconded by Mr. Kluver and unanimously adopted, it was #12-310-86 RESOLVED that, pursuant to a Public Hearing having been held on December 9, 1986, the City Planning Commission does hereby determine to table Petition 86-11-2-39 by Image 3 Development requesting waiver use approval for outdoor storage of contractors equipment on property located on the west side of Farmington Road, south of Schoolcraft in the Northeast 1/4 of Section 28 until the Study Meeting to be conducted on December 16, 1986. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution adopted. **Mrs. Naidow entered the meeting at 8:30 p.m. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 86-11-3-8 by Marvin L. Kaye requesting the vacating of an alley located north of Curtis Avenue, east of Shadyside in the Northwest 1/4 of Section 10. Mr. Nagy: There is a letter in the file from the Engineering Division stating that there are no City maintained utilities within the subject alley and therefore from the City's standpoint, there would be no need to retain easement rights over the subject alley. A letter in the file from the Detroit Edison Company states that they have no objection to the proposed vacating provided easements are re- served the full width of the existing alleys to protect their exist- ing equipment. Further, they state that if the reservation of an easement is not desired, they request that the vacating of the subject alley be postponed until the Company has had the opportunity to arrange for relocation expenses with the property owner. We have tried to contact the petitioner to see if he would be will- ing to pay for relocation of Detroit Edison's equipment but have not been successful. Louis Fowler, 14138 Livonia Crescent: I purchased the property east of the alley to be vacated. In 1972, during a regular meeting, the alley that runs 9823 west of this alley was vacated and for some reason the spur running north and south was not vacated at that time. The City Council re- solved that the request for vacating the property should be sub- mitted to the Planning Commission for adoption. Apparently it got lost and was never acted on by the Planning Commission. This home was built and encroaches 4.9' on the alley. We built the home in such a manner as to maintain the trees. We were amazed when we found the Planning Commission had not vacated it and now we are stuck with a home that encroaches onto the alley. And, Detroit Edison has just given us service off the existing pole in the easement. Mr. Nagy: We will need something showing us that Detroit Edison is willing to take something less than what they say in their letter to us. Mr. Morrow: Why is Detroit Edison asking for 20' rather than the normal 6'? There must be an easement further north. Mr. Fowler; Yes, there is an easement to the north and it narrows down to 6' . Mr. Nagy; I think it is a matter of getting back to the Service Planner who wrote the letter for Detroit Edison and pointing out to him the problem and that there is a 6' easement to the north. I think we can resolve it by communicating with the Service Planner. There was no one else present wishing to be heard regarding this item and Mr. Smith, Chairman, declared the public hearing on Petition 86-11-3-8 closed. 1: On a motion duly made by Mr. Kluver, seconded by Mrs. Naidow, and unanimously adopted, it was #12-311-86 RESOLVED that, pursuant to a Public Hearing having been held on December 9, 1986 on Petition 86-11-3-8 by Marvin L. Kaye requesting the vacating of an alley located north of Curtis Avenue, east of Shadyside in the Northwest west 1/4 of Section 10, the City Planning Commission does hereby determine to table Petition 86-11-3-8 until the Planning Commission Study Meeting to be conducted on December 16, 986. Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Petition 86-10-6-3 by the City Planning Commission to amend Sections 25.07 and 26.07 of Zoning Ordinance #543 by incorporating language regarding the regulation of walls for high-rise buildings. There was no one present wishing to be heard regarding this item and Mr. Smith, Chairman, declared the public hearing on Petition 86-10-6-3 closed. On a motion duly made by Soranno, seconded by Mrs. Hildebrandt and unanimously adopted, it was #12-312-86 RESOLVED that, pursuant to a Public Hearing having been held on December 8, 1986 on Petition 86-10-6-3 by the City Planning Commission to amend tre Sections 25.07 and 26.07 of Zoning Ordinance #543 by incorporating language regarding the regulation of walls for high-rise buildings, 9824 the City Planning Commission does hereby recommend to the City Council that Petition 86-10-6-3 be approved for the following reasons: (1) The proposed amendment to the Zoning Ordinance will remove an impractical requirement for location of protective walls in relation to high-rise zoning districts. (2) The proposed amendment to the Zoning Ordinance will maintain the spirit and purpose behind the requirement for protective walls as expressed in pertinent sections of the Zoning Ordinance. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance 41543, as amended. Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting, Secretary, announced the next item on the agenda is Petition 86-9-3-7 by Davis O'Neill Thornhill to vacate Bennett Avenue between Fairfield and Hubbard, north of Six Mile Road in the Southwest 1/4 of Section 10. Mr. Nagy: A letter in the file from the Engineering Division states that there are no City maintained utilities within the subject right- way. However, there are Detroit Edison facilities within this street right-of-way and they therefore recommend that a full- width easement for public utilities be retained over the area of street right-of-way to be vacated. There is also a letter from the Detroit Edison Company stating they have no objection to the proposed vacating provided easements are reserved the full width of the existing road to protect their existing equip- ment. A letter from the Superintendent of Parks and Recreation states they have no objection to the vacating because the road- way serves no useful purpose and the road is not a viable entrance to Rotary Park. Mrs. D. Thornhill, 17920 Fairfield: We want to build an attached garage which would be only two feet from the side. We are using the easement for a driveway and only wish to vacate 30' of the property. Mr. Vyhnalek; Are there utilities underground? Mr. Nagy: No, just overhead, and if a 30' easement over the area is a burden to you and you can't build your garage or have some other problems, you should contact Detroit Edison and see if they will reduce the easement. There was no one else present wishing to be heard regarding this item and Mr. Smith, Chairman, declared the public hearing on Petition 86-9-3-7 closed. On a motion duly made by Mr. Vyhnalek, seconded by Mr. Morrow and unanimously adopted, it was #12-313-86 RESOLVED that, purusant to a Public Hearing having been held on December 9, 1986 on Petition 86-9-3-7 by Davis O'Neill Thornhill to vacate Bennett Avenue between Fairfield and Hubbard, north of Six Mile Road, in the 9825 Southwest 1/4 of Section 10, the City Planning Commission does hereby recommend to the City Council that Petition 86-9-3-7 be approved subject to the retention of a full width easement and the following revised legal description: 41:10 A sixty (60) foot wide public right-of-way, commonly known as Bennet Avenue, lying South of and adjacent to Lot 29; said lot being part of Green Brier Estates Subdivision, as recorded in Liber 69, Page 46, Wayne County Records, said subdivision being a part of the East 1/2 of the S.W. 1/4 of Section 10, T.1S. , R.9E. , Livonia Township (now City of Livonia), Wayne County, Michigan. (1) There is no public purpose to be served by retaining the subject road right-of-way in public ownership. (2) Vacating the subject road right-of-way will place it on the tax rolls and will provide for its private use and maintenance. (3) No reporting City department or public utility company object to the proposed vacating. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances. Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Smith announced that the public hearing portion of the meeting is concluded and the 140 Commission will proceed with the regular meeting agenda. Mr. Smith passed the gavel to Mr. Vyhnalek, Vice Chairman, and left the meeting at this time. On a motion duly made by Mr. Kluver and seconded by Mrs. Hildebrandt, it was #12-314-86 RESOLVED that, the City Planning Commission having rescinded Resolution #10-227-85, adopted on October 29, 1985, at the 527th Regular Meeting held on November 18, 1986, regarding Petition 85-9-1-25, the Planning Commission does hereby recommend to the City Council that Petition 85-9-1-25 by FCA Senior Citizen's Housing Corporation to rezone property located on the east side of Farmington Road between Pickford and Curtis Avenues in the Northwest 1/4 of Section 10 from R-1 to P.S. be approved for the following reasons: (1) The proposed change of zoning is consistent with the changing character of the Farmington Road frontage between Seven Mile Road and Curtis Avenue. (2) The proposed change of zoning is consistent with the Planning Commission's adopted goals and policies for office development. (3) The proposed change of zoning will provide for uses that will serve as a buffer between Farmington Road and adjacent residences to the east. tw (4) The proposed change of zoning will be compatible to and in harmony with the surrounding zoning in the area. 9826 FURTHER RESOLVED that, notice of the Public Hearing having been held on October 29, 1985 was given in accordance with the provisions of Section 23.05 of Zoning Ordinance 41543, as amended. 410 A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Hildebrandt, Morrow, Sobolewski, Straub, Naidow, Vynalek NAYS: Soranno ABSENT: Smith Mr. Vyhnalek, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mrs. Naidow and unanimously adopted, it was #12-315-86 RESOLVED that, pursuant to Act 285 of the Public Acts of Michigan, 1931, and Council Resolution 41336-86, the City Planning Commission 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, by changing the designation of property located on the east side of Farmington Road between Pickford and Curtis in the Northwest 1/4 of Section 10 from residential to office. AND that, notice of the above hearing shall be given in accordance with the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended. Mr. Vyhnalek, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr, Kluver, seconded by Mr. Soranno and unanimously adopted, it was #12-316-86 RESOLVED that, pursuant to Act 285 of the Public Acts of Michigan, 1931, the City Planning Commission 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, by changing the designation of property located on the north side of Seven Mile Road between I-275 and Newburgh Road, and east of the pro- posed Victor International Drive in Section 7, from medium density residential to office. AND that, notice of the above hearing shall be given in accordance with the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended. Mr. Vyhnalek, Vice 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 #12-317-86 RESOLVED that, the City Planning Commission does hereby approve the Revised Preliminary Plat for Elliot Industrial Park Subidivision 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 deletion 9827 of the greenbelt requirement from the Plat; the change in the number of lots; and the change in the name from Elliot Industrial Park Sub- division to Paragon Technolog-/Park Subdivision, subject to the follow- ing condition: (IL (1) that Lots 1 and 2 shall have their front yards facing the pro- posed Glendale Avenue, for the following reasons: (1) The Revised Preliminary Plat complies with the Zoning Ordinance and Subdivision Rules and Regulations. (2) The Revised Preliminary Plat provides for good utilization of the property for industrial development purposes with good planning practices. (3) The Revised Preliminary Plat is drawn in such a way as to negate the need for a formal greenbelt area to be established along the Merriman Road frontage. Mr. Vyhnalek, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Soranno and seconded by Mrs. Naidow, it was #12-318-86 RESOLVED that, the minutes of the 527th Regular Meeting held by the 110/ City Planning Commission on Novermber 18, 1986 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Soranno, Naidow, kluver, Morrow, Sobolewski, Straub, Vyhnalek, Smith NAYS: None ABSTAIN: Hildebrandt ABSENT: None Mr. Vyhnalek, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Smith re-entered the meeting at this time and Mr. Vyhnalek, Vice Chairman, returned the gavel to Mr. Smith, Chairman. On a motion duly made by Mr. Vyhnalek, seconded by Mr. Straub and unanimously adopted, it was #12-319-86 RESOLVED that, the City Planning Commission does hereby approve Petition 86-9-8-53 by Robert D. Doyle Associates requesting approval of all plans required by Section 18.58 of Zoning Ordinance #543 in connection with a proposal to construct a two-story addition to an existing Church located on the south side of Six Mile Road between Merriman and Middlebelt Roads in Section 14, subject to the following conditions: (1) that the Site Plan as shown on Plan 36005, Sheet 1, prepared by Robert C. Doyle, Architect, which is hereby approved shall be adhered to; and 9828 (2) that Building Elevation Plan 36005, Sheet 3, prepared by Robert C. Doyle, Architect, which is hereby approved shall be adhered to. ILMr. Smith, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mrs. Hildebrandt and unanimously adopted, it was #12-320-86 RESOLVED that, the City Planning Commission does hereby approve Petition 86-11-8-61 by Berean Baptist Church requesting approval of all plans required by Section 18.58 of Zoning Ordinance #543 in connection with a proposal to construct an addition to an existing facility located on the south side of Eight Mile Road between Newburgh and I-275 in Section 6, subject to the following conditions: (1) that Site Plan #86155, Sheet C-1, prepared by Modern Design Associates, which is hereby approved shall be adhered to; and (2) that Building Elevation Plan #86155, Sheet 2, prepared by Modern Design Associates, which is hereby approved shall be adhered to. Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Straub, seconded by Mr. Kluver and unanimously adopted, it was #12-321-86 RESOLVED that, the City Planning Commission does hereby approve Petition 1: 86-11-8-62 by Oak Creek Medical Center requesting approval of all plans required by Section 18.58 of Zoning Ordinance #543 in connection with a proposal to construct a medical facility on the north side of Schoolcraft Service Drive between Inkster and Middlebelt Roads in Section 24, subject to the following conditions: (1) that Site Plan 8310, Sheet E-1, prepared by Ilio A. Alessandr, Architects, which is hereby approved shall be adhered to; (2) that Modular Building Plan #374-2996, prepared by Williams Mobile Offices, Inc. , which is hereby approved shall be adhered to; and (3) that the use of the facility is granted for a period of time not exceed three (3) years from the date of this approval. Mr. Smith, 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 #12-322-86 RESOLVED that, the City Planning Commission does hereby deny the Sign permit Application by John G. Elias for approval to construct a ground sign at 28760 Plymouth Road for the following reasons: (1) The proposed sign is not in keeping with the design image hoped to be achieved by the City within the several vicinity control areas throughout the City. • 9829 (2) The petitioner has failed to demonstrate that the proposed sign as designed is required to effect proper commercial identification for the subject site. (3) The proposed sign location would perpetuate the condition of non-conformity the sign would have and is contrary to Section 18.22, Nonconforming Use; Elimination, of Zoning Ordinance #543. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Vyhnalek, Hildebrandt, Morrow, Sobolewski, Straub, Naidow, Smith NAYS: Soranno ABSENT: None Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Vyhnalek, seconded by Mr. Morrow and unanimously adopted, it was #12-323-86 RESOLVED that, the City Planning Commission does hereby approve the Final Plat for Pride's Court Subdivision proposed to be located south of Seven Mile Road, east of I-275 Freeway in the Northeast 1/4 of Section 7 for the following reasons: (1) The Final Plat is drawn in compliance with the previously approved Preliminary Plat. I: (2) The Department of Engineering & Building has recommended approval of the Final Plat. (3) All of the financial obligations imposed upon the proprietor by the City have been complied with. Mr. Smith, 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 #12-324-86 RESOLVED that, pursuant to Section 23.01 of Zoning Ordinance #543, the the City Planning Commission does hereby determine to hold a Public Hearing to determine whether or not to rezone property located on the west side of Farmington Road between Oakdale and Myrna Avenues in the Southeast 1/4 of Section 16 from P.S. to R-3. FURTHER RESOLVED, that notice of the above hearing shall be given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Smith, Chairman, declared the motion is carried and the foregoing resolutio adopted. On a motion duly made, seconded and unanimously adopted, the 528th Regular Meeting and Public Hearings was adjourned at 9:45 p.m. L R �,� „1 m Sue Sobolewski, Acting Secretary ATTEST: ��J C. Russ Smith, Chairman ac