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HomeMy WebLinkAboutPLANNING MINUTES 1990-10-30 11364 MINUTES OF THE 611th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 30, 1990, the City Planning Commission of the City of Livonia held its 611th Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Jack Engebretson, Chairman, called the meeting to order at 7:30 p.m. , with 4 interested persons in the audience. Members present: Jack Engebretson William LaPine Raymond W. Tent Conrad Gniewek R. Lee Morrow James C. McCann Donald Vyhnalek Members absent: Herman Kluver Brenda Lee Fandrei Messrs. John J. Nagy, Planning Director and H. G. Shane, Assistant Planning Director, were also present. Mr. Engebretson 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. The Planning Commission holds the only public hearing on a vacating petition. Planning Commission resolutions become effective 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. Mr. Tent acted as Secretary in the absence of Mrs. Fandrei. Mr. Tent, Acting Secretary, announced the first item on the agenda is Petition 90-10-1-25 by the City Planning Commission on a proposed amendment to the Comprehensive Zoning Map of the City of Livonia so as to change the zoning designation of all property currently designated on the Map as PS, professional service, to OS, office service. Mr. Nagy: The purpose for this public hearing is to hear public comment relative to a proposed amendment to the Comprehensive Zoning Map of the City of Livonia. Recently the text of the zoning ordinance of the City of Livonia, which is the written document that describes the various zoning classifications i.e. what is permitted, what is prohibited and sets forth certain standards and regulations with respect to the various zones of the City, that has been amended and the specific section that was amended is what was referred to as the professional service zoning classification. Professional service, before the amendment, was defined to be all those professional uses such as doctors, lawyers, architects, engineers and accountants. Those were permitted by right within the zoning classification and the district took its name from that, professional services. 11365 Along with the permitted uses, of course, there are prohibited uses and in addition to those there are certain kinds of uses, because of their nature, their hours of operation, odors, lights, fumes, etc. nuisances that are generally associated with them, they are placed in a separate category all by themselves and they are called waiver uses. They are prohibited but upon compliance and finding Nos. that the so-called nuisances will not exist, that prohibition can be waived and the uses allowed. What fell under that heading was called general offices. Administrative offices and those kinds of things. As a result of an evaluation of those districts, the district was amended and henceforth general offices were taken out of the waiver use classification and made part of the permitted use classification. Now in addition to having all those professional uses, doctors, lawyers, architects and engineer type uses, you now can have, as a result of that text amendment, general offices. Since the prior heading was no longer appropriate, signifying it as professional services, it was thought appropriate to also amend the heading of the district and now identify it as office services as opposed to professional services. As a result of that definition change, professional to office, we now have to amend the Comprehensive Zoning Map of the City of Livonia and have all those districts throughout the entire City changed in their heading from PS to OS and there are some 240 of them. So everywhere before the amendment where there was a PS, it is now to be changed to OS. So tonight we are here to explain that to you and to answer any questions you may have if there is any confusion or if you wish further explanation. We are here to respond to your questions. It is an open meeting to hear from the public relative to this proposed change. New Mr. Engebretson: Thank you Mr. Nagy. Just for additional information, I recall that we sent a letter out to every single property owner that has an interest in the prior PS district announcing this meeting so that any of them had the opportunity to come in and express their opinions tonight. Mr. Nagy: That is true. We did do that and we also invited those people to come into the office during normal working hours in the event their schedules wouldn't permit them to come out to an evening meeting and many of them did and those that did were encouraged to come to this meeting but you are correct, we sent letters to all affected property owners as well as publish notice of this in the official paper of the City of Livonia, the Livonia Observer. Hannah Androff: I have property at 28010 Five Mile and 28046 Five Mile. My question is, does this increase the property value. It opens it up more whereas right now it is PS, with OS it pulls in more? It will increase the property value? Mr. Nagy: It is true to the extent that your property now can be put to a broader range of office uses. To that extent it will have more value. As far as dollars and cents, we wouldn't know but certainly now you that you have greater potential to accommodate a greater variety of office uses, to that extent it would have more value. 11366 Mr. Engebretson: Your specific question does it increase the value of your property, it may or may not, but it certainly makes your use of that property more flexible, not necessarily more valuable but more flexible in terms of how Mr. Nagy described it so you have everything you had before and more. 'os" Mr. Morrow: I would like to make a comment. Since I have served on the Planning Commission one of the things that caused us to examine this professional service in conjunction with office services, in many of the times we considered those waiver uses, it was determined that an office use, in a large number of cases, can be actually a less intensive use to the surrounding area than a professional use because offices tend to come in the morning and leave in the evening whereas professional offices can have traffic throughout the course of the day and it was on that basis that the Planning Commission has long tried to incorporate the general office use within the professional service, not only to save the waiver of use but also to let them know that general office is not a step down in an area. Mr. Tent: Mr. Nagy, this new designation OS, it doesn't negate any site plans, any type of parking restrictions or anything like that. In other words, we would still have the opportunity to review the entire project and to determine whether it was a good location and a good type of business? Mr. Nagy: It still requires the same site plan approval, the same off-street parking, the same setback requirements, landscaping, etc. Those standards have not changed. It is just the use is now allowable by right within the PS rather than the waiver. In terms of all the Nifty other standards, heights of buildings, setbacks, percentage of landscaping, etc. all those standards remain the same. Mr. Tent: It allows more flexibility now? Mr. Nagy: That is correct. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 90-10-1-25 closed. On a motion duly made by Mr. Tent, seconded by Mr. Gniewek and unanimously approved, it was #10-478-90 RESOLVED THAT, pursuant to a Public Hearing having been held on October 30, 1990 on Petition 90-10-1-25 by the City Planning Commission on a proposed amendment to the Comprehensive Zoning Map of the City of Livonia so as to change the zoning designation of all property currently designated on the Map as PS, professional service, to OS, office service, the City Planning Commission does hereby recommend to the City Council that Petition 90-10-1-25 be approved for the following reason: 1) That the Comprehensive Zoning Map will no longer be in conflict with the Zoning Ordinance which was amended to change the name of the PS district to OS office services. 11367 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. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. `"' Mr. Engebretson, 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. Morrow and seconded by Mr. McCann, it was #10-479-90 RESOLVED that, pursuant to a Public Hearing having been held on October 16, 1990 on Petition 90-7-3-7 by Ken Dillon proposing to vacate the alley located north of Joy Road between Hugh and Fremont Streets in the Southeast 1/4 of Section 35, the City Planning Commission does hereby recommend to the City Council that Petition 90-7-3-7 be denied for the following reasons: 1) That the proposed vacating is opposed by all the abutting property owners on the north side of the alley. 2) That there is no demonstrated need to vacate the subject alley at this time. FURTHER RESOLVED that, notice of the above public hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, McCann, Gniewek, Morrow, Vyhnalek, Engebretson NAYS: LaPine ABSENT: Kluver, Fandrei Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Vyhnalek, seconded by Mr. McCann and unanimously approved, it was #10-480-90 RESOLVED that, the minutes of the 610th Regular Meetings & Public Hearings held on October 16, 1990 are approved. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 611th Regular Meeting and Public Hearings held on October 30, 1990 was adjourned at 7:50 p.m. CITY PLANNING COMMISSION /A, Brenda Lee Fandrei, Secretary ATTEST: (/( Ja Engeb tson, Chairman jg