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Home My WebLink AboutPLANNING MINUTES 1988-07-26 10269 MINUTES OF THE 562nd REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, July 26, 1988, the City Planning Commission of the City of Livonia held '" ' its 562nd Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Donald Vhynalek, Chairman, called the meeting to order at 7:02 p.m. , with approximately 23 interested persons in the audience. Members present: Donald Vyhnalek Sue Sobolewski James C. McCann R. Lee Morrow William LaPine Jack Engebretson Raymond W. Tent Members absent: Herman Kluver Messrs. John J. Nagy, Planning Director; H. G. Shane, Assistant Planning Director; and Ralph H. Bakewell, Planner IV, were also present. Mr. Vyhnalek 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 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. 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 88-6-2-27 by Bradley S. Rosenberg requesting waiver use approval to operate a restaurant (Subway Sandwich Shop) within the Livonia Plaza Shopping Center located on the south side of Five Mile Road between Bainbridge and Spanich Court in the Northwest 1/4 of Section 23. Mr. Nagy: There is a letter in the file from the Engineering Department stating they have no objections to the proposal. Bradley S. Rosenberg, 24681 Northwestern Hwy. Southfield: I am the real estate agent for Subway Sandwiches and Salads. Mr. Vyhnalek: Your petition is for subway sandwich shop in new shopping center. Are you located anywhere else? Mr. Rosenberg: Middlebelt north of Seven Mile. Mr. Vyhnalek: How long? Joseph Anderson, owner of subway shop on Middlebelt & Seven Mile: One year. Mr. LaPine: Is this a franchise operation or individual? 4. 10270 Mr. Anderson: National franchise. Mr. LaPine: What primarily will be operating hours? Mr. Anderson: From 10:00 in the morning until 2:00 at night. `Now Mr. LaPine: It is my understanding only sandwiches are sold. Mr. Anderson: Ten different kind of submarine sandwiches and salads. Mr. LaPine: This will be your second operation? Mr. Anderson: Yes. Mr. Tent: Are they dealing primarily in sit-down traffic or carry out? Mr. Anderson: About 50-50. Mr. Tent: These 42 seats are adequate to handle your needs for this type of operation. Mr. Anderson: Yes. Mr. McCann: Are you going to be delivering at all? Mr. Anderson: No. Mr. LaPine: One of the problems I have is how do they dispose of their garbage? Do you have your own disposal because restaurants that cannot take care of their garbage can draw rats. Can you explain how you will dispose of garbage? r. Mr. Anderson: Well basically we just slice cold cut sandwiches and vegetables. We just have small leftovers. We have our own dumpster. Mr. Morrow: It sounds like everything you have could go down a disposal. Mr. Anderson: We could yes. None of the other stores have one. It is possibility. Mr. Morrow: In your minor research on that center did you get any insight if they will come back with any other type of restaurant? Mr. Rosenberg:I can't say they will not have any other type of restaurant. Mr. Tent: I thought Mr. LaPine was going to carry on in this direction. I was more concerned about parking lot area than internal. I do see many carry-out restaurants where everything is thrown out in parking lot. Will you be expected to police area? Is this part of contract? Mr. Anderson: Basically we pay the developer. Mr. Tent: You would be on our side to make certain that was taken care. Mr. Anderson: We would make certain parking lot was kept clean because it would reflect on our operation. 10271 Mr. Engebretson: I am concerned about late night traffic particularly in regards to the residents directly across the street. . What kind of traffic do you generate from midnight until 2:00? Mr. Anderson: Not heavy that late at night. Probably around 6 or 7 customers an hour. Now Mr. Engebretson: Is that profitable? Mr. Anderson: Basically we will try it for 6 or 7 months, if it doesn't work, we will reduce the hours. Mr. Morrow: One last note, we would look forward to that garbage disposal being in. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on Petition 88-6-2-27 closed. On a motion duly made by Mr. Morrow, seconded by Mr. Engebretson and unanimously adopted, it was #7-129-88 RESOLVED that, pursuant to a Public Hearing having been held on July 26, 1988 on Petition 88-6-2-27 by Bradley S. Rosenberg requesting waiver use approval to operate a restaurant (Subway Sandwich Shop) within the Livonia Plaza Shopping Center located on the south side of Five Mile Road between Bainbridge and Spanich Court in the Northwest 1/4 of Section 23, the City Planning Commission does hereby recommend to City Council that Petition 88-6-2-27 be approved subject to adherence to the previously approved site plan for the shopping center within which the proposed use is to be located as well as the following additional condition: 1) That the total number of customer seats shall be limited to 42. New for the following reasons: 1) That the proposed use complies in every respect with all of the waiver use standards and requirements set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543. 2) That the subject site has the capacity to accomodate the proposed use. 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. 4) That the proposed use will provide an additional service to the neighborhood and to employees of the Livonia Plaza shopping center. 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. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda was Preliminary Plat approval for Ashley Estates Subdivision proposed to be located on the east side of Gill Road, north of Seven Mile in the Southeast 1/4 of Section 4. 10272 Mr. Nagy: We have a letter in our file from the Department of Public Safety, Division of Fire, stating they have no objection to it's development. However, the plat, as submitted, does not provide this office with needed information on street widths, radius of intersections, and cul-de-sacs. The plat also does not provide any information ''or regarding a water system, therefore, their approval is contingent on developer submitting proper information for review. Mr. Vyhnalek: Did you hear what Mr. Nagy said about plans? Is that in process of being submitted? Michael Priest, 14655 Riverside: Our plans are now complete. There is adequate water supply on Gill Road. Two hydrants for 15 new lots. Mr. Vyhnalek: Mr. Nagy, if we approve this tonight these would have to be completed before Council approves. Mr. Nagy: What we are dealing with tonight is more the layout of the subdivision than the detailed engineering improvement plans. Mr. Vyhnalek: This will come back to us? Mr. Nagy: Engineering improvement plans are first submitted to the Engineering Department and then they go on to the City Council for their approval. Mr. Morrow: I see we have a standing home, is it their intent to raze that home. Ernie Bourassa, 8865 Deborah Court: It will either be razed, moved or demolished. It will not be part of plan. Richard Schaufelberger, 34307 Bretton: I own Lot 146. We obviously back up to the proposed subdivision. I would take issue with the gentleman that just spoke with regard to water supply. That has been a continuing problem for us. As recently as three weeks ago I had someone from Water Department come out. We only have 27 pounds per square inch. I feel the addition of 15 more homes will have a bad effect on our water supply. The other thing is when we built our home eight year ago, of course that property was zoned rural. We paid a $3200 premium for our lot based on the fact that we backed up to existing natural woods. We did not butt up against other homeowners in our back yard. I feel very strong against this proposed subdivision. It is going to have one effect on our property and it is going down. It is my intention to go to the Council on August 15 and voice my objections. Mr. Morrow: This comment about premium. Sir, when your house was developed were you led to believe that property was going to stay in natural state forever? Who was builder? Mr. Schaufelberger: Thomas Anthony Homes, Inc. Mr. Morrow: Are they still in business? Mr. Schaufelberger: No. 10273 Mr. LaPine: In all due respect to developer, I happen to live in same subdivision and all the outer lots around Bretton that abutt ravine, they were $5,000. I knew at the time this property was not going to stay. Curtis told me eventually that property will be sold off to developer and homes built. I think if you would have come up to City Hall you would have found out it could have been sold to anyone who had money to buy it and it was going to be developed eventually into homes. Mr. Anthony gave you some very bad information. As long as it was zoned RUF it was up for grabs. I am sorry for you and I understand what you are saying but there was no way in the world that guy didn't know what he was talking about. Bob Laundroche, 34169 Fairfax: My wife and I are here tonight for the developer's proposal. I feel bad for my neighbors, however, we were sold our home by Curtis and he indicated clearly that this land would be developed into residential. We thought that maybe the Planning Commission might be concerned about fact that road does not continue through and we were not disappointed in that. With your permission I would also like to share with you a letter written by my neighbors who live across the street from me who could not be here tonight. Dear Sir: Thank you for the notice of the meeting. Our home is located on Lot 148. We have seen a copy of proposed plan behind our house. Of course, we would like to see it left as wooded area and understand that it must be developed at some time. It shows a line of trees left standing and hopefully we will be able to enjoy the same peacefulness. The traffic volune around our home would not be increased or decreased. Since we are unable to attend, we hope you will take this into consideration. Mr. Tent: Question to Mr. Schaufelberger. You have two objections. You don't like fact we were going to build so close to you. The big thing that concerns me is the water pressure. Of course, we have had a very dry season. My question to Mr. Nagy, back to Water Department if 27 pounds is going to be normal, then we are going to have a problem. Mr. Schaufelberger: It is not peculiar because this year it has just gotten worse. If more homes are built something has to be done to provide water pressure out there. Mr. Nagy: The City has program under way to increase water pressure. There is a proposal under review by Council to correct those problems. Angelo Thames: I own property. I can understand what you are talking about water pressure. Maybe if they want more water they should sink a well. The thing is I owned that property for 22 years. I tried building a house on it 22 years ago. Somebody stopped me from doing it. I am not sorry that they stopped me from building, I waited around all these years. All these people built around me and I went to Farmington Hills and I didn't like it out there. The thing is here I got a chance to make a couple of bucks plus I am going to live on that property. Now if these people don't want homes in there, I called up the President of their association and I said would you like to buy that 2 1/2 acres from me. We have been going around and around. I believe the City wouldn't mind having 15 houses there plus the fact they are going to have me there. 10274 Mr. Schaufelberger's son: What is the square footage? Mr. Vyhnalek: 1500 square feet for ranch and 1800 square feet for colonial. Mr. Morrow: We are reviewing a plat for a piece of property that has already gone through a rezoning review. What we are doing here tonight is to see if the developer has gone through with a plat that meets those plans. I live in area and I am concerned about water pressure too but I don't want to go against this plat because of water pressure. That has to be cured by another Department of City. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on the Preliminary Plat for Ashley Estates Subdivision closed. On a motion duly made by Mr. McCann, seconded by Mr. Tent and unanimously adopted, it was #7-130-88 RESOLVED that, pursuant to a Public Hearing having been held on July 26, 1988 the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat for Ashley Estates Subdivision proposed to be located on the east side of Gill Road, north of Seven Mile in the Southeast 1/4 of Section 4 be approved for the following reasons: 1) That the proposed Preliminary Plat complies in every respect with all applicable Regulations and Ordinances of the City of Livonia governing the platting of land. 2) That no objections to approval of the Preliminary Plat have been received from any City Department. 3) That the proposed Preliminary Plat represents a good solution to the development of the subject land and is in compliance with the Future Land Use Plan of the City of Livonia. FURTHER RESOLVED that, notice of the above hearing was sent to abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice have been sent to the building Department and Parks & Recreation Department. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Sobolewski, Acting Secretary, announced the next item on the agenda is Preliminary Plat approval for Merriwood Estates Subdivision proposed to be located on the northeast corner of Norfolk and Osmus in the Northeast 1/4 of Section 3. Mr. Nagy: We have a letter in our file from the Department of Public Safety, Division of Fire, stating they have no objection to it's development contingent on an approved water system. Alan Gottlieb, 31731 Northwestern Hwy. , Farmington Hills: What we propose is 14 single family lots between Osmus and Norfolk to be approximately 1800 square foot houses to fit in with the rest of the neighbornood. This subdivision will be known as Merriwood Estates Subdivision. The lots are 78 feet on Osmus and 85 feet on Norfolk. `or 10275 Mr. Vyhnalek: By 120. Mr. Tent: Mr. Nagy, is this the planned unit development as I understand it? This will be kind of a planned unit development type development? ti Mr. Nagy: These are going to be individual lots, single family detached homes and for all intents and purposes it will appear as any other *411., the What is unique is the cluster housing that adjoins to the interior of this subdivision. Mr. Morrow: This is what Mr. Gottlieb has told the neighbors. There was no one else present wishing to be heard regarding this item and Mr. Vyhnalek, Chairman, declared the public hearing on the Preliminary Plat for Merriwood Estates Subdivision closed. On a motion duly made by Mr. Tent, seconded by Mr. McCann and unanimously adopted, it was #7-131-88 RESOLVED that, pursuant to a Public Hearing having been held on July 26, 1988 the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat for Merriwood Estates Subdivision proposed to be located on the northeast corner of Norfolk and Osmus in the Northeast 1/4 of Section 3 be approved for the following reasons: 1) That the proposed Preliminary Plat is in compliance with all Ordinances and Regulations of the City of Livonia governing the platting of land in the City of Livonia. 2) That no City Department objects to the approval of the proposed Preliminary Plat. 3) That the proposed Preliminary Plat is consistent with the previously approved site plan in connection with an adjacent cluster housing development, which plan included the proposed lots shown on the Preliminary Plat. FURTHER RESOLVED that, notice of the above hearing was sent to abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department and Parks & Recreation Department. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Vyhnalek, 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. McCann, seconded by Mr. Tent and unanimously approved, it was #7-132-88 RESOLVED that, pursuant to letter dated July 26, 1988 from Westin Development, Inc. the Planning Commission does hereby approve the withdrawal of Petition 88-5-2-20 by Westin Development, Inc. requesting waiver use approval to construct a retail shopping center on property located on the north side of Five Mile Road between Levan Road and Williams Avenue in the Southwest 1/4 of Section 17. rr. 10276 Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion made by Mr. McCann, seconded by Mrs. Sobolewski and unanimously approved, it was #7-133-88 RESOLVED that, pursuant to a Public Hearing having been held on July 12, 1988 the City Planning Commission does hereby recommend to the City Council that Petition 88-5-2-24 by John J. Mahn requesting waiver use approval to relocate an existing restaurant (Cloverdale) to another location within the Stark Plaza Shopping Center on the southeast corner of Plymouth and Stark Roads in the Northeast 1/4 of Section 33 be approved subject to adherence to the previously approved site plan for the Stark Plaza Shopping Center and to the following additional condition: 1) That the customer seating capacity of the proposed restaurant shall be limited to 64. for the following reasons: 1) That the proposed use is in full compliance with all waiver use standards and requirements set forth in Section 11.03 and 19.06 of the Zoning Ordinance No. 543. 2) That the subject site has the capacity to accomodate the proposed use. 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. 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. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Engebretson and seconded by Mr. Tent, it was #7-134-88 RESOLVED that, the minutes of the 561st Regular Meeting & Public Hearings held by the City Planning Commission on July 12, 1988 are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, McCann, Sobolewski, Engebretson, LaPine, Vyhnalek NAYS: Morrow ABSENT: Kluver Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Tent, seconded by Mr. LaPine and unanimously approved, it was 10277 #7-135-88 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Revised Site Plan submitted in connection with Petition 86-5-8-28 by Victor International requesting approval of all plans required by Section 18.47 of Zoning Ordinance #543 in connection with a proposal to construct a hotel and office building on the east side of I-275 between Seven and Eight Mile Roads in Section 6 be approved subject to the following conditions: 1) That the Site Plan prepared by Orchard, Hiltz & McClement, Inc. dated 7/25/88, which is hereby approved, shall be adhered to; 2) That the Building Elevation Plans dated 7/11/88 marked Sheet A24 & A25 prepared by Brooks Jackson Architects, Inc. , which are hereby approved, shall be adhered to. 3) That the Landscape Plan dated 7/25/88 prepared by John Grissim & Assoc. , which is hereby approved, shall be adhered to; 4) That the letter dated 8/1/88 from Victor International signed by David Johnson is hereby made a part of the record and the stipulations made therein are hereby approved and shall be adhered to. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. McCann, seconded by Mr. LaPine and unanimously adopted, it was #7-136-88 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 88-7-8-21 by Gene Pulice for approval of all plans required by Section 18.47 of Ordinance #543 in connection with a proposal to construct an addition to an existing building located on the r..r north side of Five Mile Road between Loveland and Mayfield Avenue, in the Southwest 1/4 of Section 15 be approved subject to the following conditions: 1) That Site Plan 88D-702, Sheet 1 prepared by Affiliated Engineer's, Inc. is hereby approved and shall be adhered to; 2) That Building Plan 88D-702, Sheet 4 prepared by Affiliated Engineer's, Inc. is hereby approved and shall be adhered to; 3) That the landscaping shown on the approved Site Plan is hereby approved and shall be installed on the site prior to occupancy of the newly remodeled building. 4) The conditions of this petition are subject to approval of a variance being granted by the Zoning Board of appeals for an addition to a non-conforming building. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. 10278 On a motion duly made by Mr. LaPine, seconded by Mr. Engebretson and unanimously approved, it was #7-137-88 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Sign Permit Application by Louis G. Redstone Associates, Inc. on behalf of Manufacturers National Bank for two ground signs on property located at 39200 Six Mile be approved subject to the following condition: 1) That the Monument Ground Sign for Manufacturers National Corporation shown on Plan 2541-00, Sheet Si-1 prepared by Louis G. Redstone Associates, Inc. , which is hereby approved, shall be adhered to. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow, seconded by Mr. Tent and unanimously approved, it was #7-138-88 RESOLVED that, the City Planning Commission does hereby amend previous Resolution #6-108-88 pertaining to Sign Permit Application by Masters Awning on behalf of Senate Coney Island for an awning sign on property located at 34359 Plymouth Road by approving the relocation of the sign from the west elevation to north elevation. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, it was #7-139-88 RESOLVED that, the City of Livonia Planning Commission hereby authorizes the Planning Department to transmit the document titled "Capital Improvement Program, City of Livonia, 1989-1994" to the Mayor and Council as a realistic program to aid in the determination of a complete fiscal planning strategy for the City of Livonia, and FURTHER RESOLVED that, the City Planning Commission stands ready to do all things necessary to cooperate with the Mayor and Council in making a functioning Program of Capital Improvements and Capital Budgeting a reality for the City of Livonia. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 562nd Regular Meeting held by the City Planning Commission on July 26, 1988 was adjourned at 8:37 p.m. CITY PLANNING COMMISSION Sue Sobolewski, Acting Secretary ATTEST: V mut 1 �\‘) � Do ald Vyhnarek, Chairman `�.► jg