HomeMy WebLinkAboutPLANNING MINUTES 1990-02-13 11009
MINUTES OF THE 595th REGULAR MEETING AND PUBLIC HEARINGS
HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF
LIVONIA
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On Tuesday, February 13, 1990, the City Planning Commission of the City of
Livonia held its 595th Regular Meeting and Public Hearings in the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan.
Mr. William LaPine, Chairman, called the meeting to order at 7:30 p.m. , with
approximately 12 interested persons in the audience.
Members present: William LaPine Jack Engebretson Herman Kluver
Brenda Lee Fandrei R. Lee Morrow James C. McCann
Donald Vyhnalek Sue Sobolewski
Members absent: Raymond W. Tent
Messrs. John J. Nagy, Planning Director, H. G. Shane, Assistant Planning
Director, and Ralph H. Bakewell, Planner IV, were also present.
Mr. LaPine informed the audience that if a petition on tonight's agenda involves a
rezoning request, this Commission only makes a recommendation to the City Council
who, in turn, will 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 Planning 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 the resolutions are adopted. The
Planning Commission has reviewed the petitions upon their filing and have been
furnished by the staff with approving and denying resolutions. The Commission may
use them or not use them depending upon the outcome of the hearing tonight.
Mrs. Sobolewski, Acting Secretary, announced the first item on the agenda is
Petition 90-1-6-1 by the City Planning Commission to determine
whether or not to amend Sections 2.08 and 11.03 of Zoning Ordinance
##543 so as to provide standards and requirements for the location and
control of drive-thru restaurants.
Mr. LaPine: Mr. Nagy, would you explain the purpose of this petition.
Mr. Nagy: The purpose for this public hearing is to hear public comment
relative to the proposed amendment to the text of Livonia Zoning
Ordinance #543. The purpose for this amendment is to provide
for a definition of a new form of restaurant called a drive-thru
restaurant. Section 2.08 of Livonia Zoning Ordinance deals with
the definitions of terms relating to commercial buildings and we
are going to add a new item to that called drive-thru
restaurant, which will be a structure or portion of a structure
which is maintained, operated, and advertised or held out to the
public as a place where food, confections, frozen dessert,
and/or beverages are purchased by customers from a drive-up
window while seated in their motor vehicle and where no
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consumption of such food or beverage shall take place anywhere
on the site or within the structure.
In addition to that, we will now provide for C-2, the general
zoning district regulations, a new section within the waiver use
section of that district to provide for special standards
relative to this new restaurant called drive-thru that I
previously identified in connection with the definitions and
terms. This new drive-thru restaurant will be subject to waiver
use approval within the C-2 zoning classification and the
standards are:
a. Ingress and egress shall be available from a public street
having a right-of-way width of at least one-hundred twenty
(120) feet or more as shown on the Master Thoroughfare Plan
by means of at least two (2) separate driveways at least
thirty (30) feet apart from one another.
b. Off-street hardsurfaced standing areas shall be provided for
vehicles waiting to be served sufficient to accommodate no
less than twenty (20) vehicles.
c. Off-street parking spaces shall be provided only to the
extent that they are needed to serve employees of the
facility.
d. The traffic lane serving the drive-up window shall be at
least twelve (12) feet wide.
e. The turning radius on any curve in the drive-up window
traffic lane shall be no less than fifteen (15) feet.
f. A by-pass lane or other suitable means of access to a public
street shall be provided for vehicles that do not use the
drive-up window.
g. Suitable lighting shall be provided and so arranged as to
reflect away from any adjacent or abutting residential
district.
h. No drive-thru restaurant shall be located nearer than
two-hundred (200) feet as measured from any point on the
property to any point on the property of a church or a public
or parochial school or playground.
i. Adequate provisions shall be made to prevent noise, confusion
and odors from interfering with the peaceful use and
enjoyment of adjacent premises.
Those are proposed to be the new standards regulating the
drive-thru restaurant.
Mr. Vyhnalek: Mr. Nagy, the Hot "N" Now is in the Council Committee of the
Whole. Is that correct?
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Mr. Nagy: No. It is scheduled for a public hearing before the City
Council on appeal of the previous recommendation of denial by
the Planning Commission. It has yet to have its hearing but it
is scheduled for hearing.
`ow Mr. Vyhnalek: If this is passed, will it be to the Council before they have
the public hearing on the Hot "N" Now?
Mr. Nagy: Your recommendation will be forwarded to the City Council before
that scheduled hearing date but since this is an amendment to
the Zoning Ordinance, this language will also have to have a
public hearing before the City Council and then prepared in
ordinance form by the Law Department so it will definitely take
longer and will probably not occur before the Council deals with
the Hot "N" Now.
Mr. Morrow: You say it is currently before Council on appeal. What is the
basis of their appeal?
Mr. Nagy: They haven't presented their basis. They have just requested an
appeal.
There was no one else present wishing to be heard regarding this item and Mr.
LaPine, Chairman, declared the public hearing on Petition 90-1-6-1 closed.
On a motion duly made by Mr. McCann, seconded by Mr. Kluver and unanimously
approved, it was
#2-290-90 RESOLVED that, pursuant to a Public Hearing having been held on
February 13, 1990 on Petition 90-1-6-1 by the City Planning
,r, Commission to determine whether or not to amend Sections 2.08 and
11.03 of Zoning Ordinance #543 so as to provide standards and
requirements for the location and control of drive-thru restaurants,
the City Planning Commission does hereby recommend to the City
Council that Petition 90-1-6-1 be approved for the following reasons:
1) That the proposed language amendment will provide requirements
and standards for the proper location and control of Drive-thru
restaurant type uses in the City of Livonia.
2) That the proposed language amendment will help to keep the
Zoning Ordinance current with respect to providing for all of
the various types of eating establishments.
FURTHER RESOLVED that, notice of the above public hearing was given
in accordance with Section 19.05 of Ordinance #543, as amended.
Mr. LaPine, Chairman, declared the motion is carried and the foregoing resolution
adopted.
Mr. LaPine, Chairman, announced that the public hearing portion of the meeting
is concluded and the Commission would proceed with items pending before it.
On a motion duly made by Mr. Kluver, seconded by Mr. McCann and unanimously
approved, it was
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#2-291-90 RESOLVED that, the City Planning Commission does hereby establish and
order that a public hearing be held to determine whether or not to
amend Sections 9.05, 10.05, 11.05 and 30.06 of the Zoning Ordinance
#543 regarding the height of buildings permitted in P.S. , C-1, C-2
and C-3 districts.
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. LaPine, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made by Mr. Kluver, seconded by Mr. McCann and unanimously
approved, it was
#2-292-90 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, so as to change the designation of land lying north of Joy
Road and west of Newburgh Road in the Southeast 1/4 of Section 31
from General Commercial to Medium Density Residential.
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.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Kluver, McCann, Morrow, Sobolewski, Engebretson, LaPine,
Vyhnalek, Fandrei
NAYS: None
ABSTAIN: None
ABSENT: Tent
Mr. LaPine, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made by Mr. Kluver, seconded by Mr. McCann and unanimously
approved, it was
#2-293-90 RESOLVED that, pursuant to a request from William Roskelly for a one
year extension of approval of the Preliminary Plat for Caliburn Manor
Subdivision No. 1 proposed to be located on the west side of Newburgh
Road south of Seven Mile Road in the Northeast 1/4 of Section 7, the
City Planning Commission does hereby grant an extension for a period
of one year from the date of this resolution subject to the same
conditions imposed by Planning Commission Resolution #2-40-89 and
Council Resolution #278-89 dated March 14, 1989 and March 22, 1989
respectively for the following reasons:
1) That the Preliminary Plat represents a good solution to the use
of the subject land area.
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2) That the proprietor has demonstrated that circumstances beyond
his control have caused the delay in the start of construction
of the proposed subdivision.
Mr. LaPine, Chairman, declared the motion is carried and the foregoing resolution
41111. adopted.
On a motion duly made by Mr. McCann, seconded by Mr. Kluver and unanimously
approved, it was
##2-294-90 RESOLVED that, pursuant to a request from William Roskelly for a one
year extension of approval of the Preliminary Plat for Caliburn
Estates Subdivision No. 1 proposed to be located on the south side of
Seven Mile Road, east of Newburgh Road in the Northwest 1/4 of
Section 8, the City Planning Commission does hereby grant an
extension for a period of one year from the date of this resolution
subject to the same conditions as were imposed by Planning Commission
Resolution #2-40-89 and Council Resolution #278-89 dated February 28,
1989 and March 22, 1989 respectively for the following reasons:
1) That the Preliminary Plat represents a good solution to
development of the subject land.
2) That the proprietor has demonstrated that circumstances beyond
his control have caused the delay in starting construction of
the proposed subdivision.
Mr. LaPine, Chairman, declared the motion is carried and the foregoing resolution
adopted.
:,` On a motion duly made by Mr. Kluver, seconded by Mr. McCann and unanimously
approved, it was
#2-295-90 RESOLVED that, the City Planning Commission does hereby approve the
Final Plat for Arbor Park View Subdivision proposed to be located on
the south side of Ann Arbor Trail, east of Wayne Road in the
Southwest 1/4 of Section 33, for the following reasons:
1) That the Final Plat is in conformance with the Preliminary Plat.
2) That the City Engineer recommends approval of the Final Plat.
3) That all financial obligations imposed upon the proprietor by
the City have been taken care of.
Mr. LaPine, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made by Mrs. Fandrei and seconded by Mr. Engebretson, it was
#2-296-90 RESOLVED that, the City Planning Commission does hereby table
Petition 90-1-8-1 by Kamp-DiComo Associates, P.C. requesting approval
of all plans required by Section 18.58 of Zoning Ordinance #543 in
connection with a proposal to construct a 12,000 square foot addition
to an existing office building located on the northwest corner of
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Schoolcraft and Stark Roads in Section 21 until the meeting of March
6, 1990.
A roll call vote on the foregoing resolution resulted in the following:
__ AYES: McCann, Sobolewski, Engebretson, Vyhnalek, Fandrei
NAYS: Kluver, Morrow, LaPine
ABSENT: Tent
Mr. LaPine, 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
approved, it was
#2-297-90 RESOLVED that, the City Planning Commission does hereby recommend to
the City Council that Sign Permit Application by Aaron Sign for Dr.
Asbahi to erect a new ground type sign located at 18320 Farmington
Road in Section 10 be approved subject to the following condition:
1) That the sign plan for Dr. M. Ashabi, M.D. prepared by Aaron
Sign is hereby approved and shall be adhered to.
Mr. LaPine, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made by Mr. Morrow, seconded by Mr. Engebretson and unanimously
approved, it was
##2-298-90 RESOLVED that, the City Planning Commission does hereby approve Sign
Permit Application by Jan Signs for Arbor Ridge Market to replace an
existing ground sign with a new monument sign located at 9475
Newburgh Road, subject to the following conditions:
1) That the Sign Plan for Arbor Ridge Market prepared by Jan Signs
is hereby approved and shall be adhered to.
2) That the signage in the window shall be limited to not more than
25% of the window area.
3) That a neon sign stating that the establishment is open would be
permitted and would be the only neon sign permitted.
Mr. LaPine, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made, seconded and unanimously adopted, the 595th Regular
Meeting and Public Hearings held on February 13, 1990 was adjourned
at 8:35 p.m.
CITY PLANNING COMMISSION
,
Sue Sobolewski, Acting Secretary
ATTEST':
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William LaPine, Chairman
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