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HomeMy WebLinkAboutPLANNING MINUTES 1988-11-01 10378 MINUTES OF THE 568th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA r, On Tuesday, November 1, 1988, the City Planning Commission of the City of Livonia Now held its 568th Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. LaPine, Vice Chairman, called the meeting to order at 7:00 p.m. , with approximately 45 interested persons in the audience. Members present: William LaPine James C. McCann R. Lee Morrow Brenda Lee Fandrei Sue Sobolewski Raymond W. Tent Jack Engebretson Members absent: Donald Vyhnalek Herman Kluver 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 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 C7 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. McCann, Secretary, announced the first item on the agenda is Petition 88-9-1-26 by the City Planning Commission to rezone property located on the west side of Inkster, north of Joy Road in the Southeast 1/4 of Section 36 from RUF to R-9. Mr. Bakewell presented map showing property under petition plus surrounding area. Mrs. Fandrei: What is the size of the lots to west of the property in question? Mr. Nagy: 80 x 380. Mr. Tent: Is Mr. Hyman here, the petitioner? Mr. Nagy: The City of Livonia is petitioner. Mr. lent: I recognize that but wasn't this at one time approved by the Planning Commission and went to Council and Council sent it back to us for further study, so wouldn't it be normal for Mr. Hyman to be here to present the type of structure he is going to propose. Mr. LaPine: I don't believe so. This is strictly a petition to rezone property. All of that will come up at site plan approval. Mr. Morrow: I believe, Mr. Tent, that is the reason for the public hearing. All interested parties are going to comment. Mr. Hyman may very well be Sow here. 10379 Mr. McCann: Question to Planning Department. One lot that is not within the petition, that is Lot 59a, I take it that is single family residential. ``k Mr. Nagy: Exactly. Mr. McCann: What would be the advantage or disadvantage to including it in petition so in the future if they would want to include that, it would be within the zoning? The zoning around it seems somewhat irregular. Mr. Nagy: I would agree with that. Certainly if they would incorporate that property as part of the overall area, it would square it off and avoid an obstacle to the efficient utilization of the overall property. Mr. McCann: It would not affect the homeowner's rights in any way? Mr. Nagy: Not in my opinion, however, to include that property now would require the readvertising of this petition and delay it further. Mr. LaPine: Mr. Nagy, do you have any letters or reports? Mr. Nagy: We have a letter in our file from the Engineering Department stating they have no objections to this proposal. James Butler, 30712 Champagne, St. Clair Shores: I am partner in the firm of Schmier-Butler Properties. We hold the option on subject property. We did appear before Planning Commission last year. It was our intent at that time to build a normal apartment project. However, in meeting with a number of the neighbors in the area and their various Nifty associations, it became apparent the neighbors would be a lot happier if the project was one that was devoted to elderly. We stopped going forward with that apartment project. We have spent the interim time in the process of trying to acquire a joint venture partner who would provide the operational expertise that we feel the project requires. We have been to the point where we have been successful in acquiring that expertise now and we are back asking that the property be rezoned to proper zoning. Our intent is to develop a project with what's known as congregate living. This would be designed for living for people who are of an elderly age, I believe they are restricted to 55, where they are physically capable of taking care of themselves but no longer want to maintain a home. Each apartment would have own eating facility but there would also be a central dining facility available for them along with various recreational things. The reason we have not developed a site plan yet, we thought we would get initial zoning before we incurred that expense. The architects for this project are Rosetti & Associates. In general we would like to keep building to maximum of two stories. We will try in every way to make it conform to neighborhood as much as we can. You will have opportunity to review site plans. Mr. LaPine: That one parcel is not part of your petition. Have you ever tried to purchase that parcel? v,.. Mr. Butler: We made initial inquiries, not only that piece but piece immediately on the other boundary to the north. In each case the evaluation �► placed on the parcel was so distorted, at least to be used for our purposes, that it prohibited us from making that purchase. 10380 Mr. Morrow: I assume this R-9 classification fits in with your plans. Mr. Butler: The architect thinks he can develop it within that framework. ti. Mr. Tent I want to thank you for answering all the questions I was going to ask. Will this be private financing? Mr. Butler: Yes, to the best of our knowledge. Henry Binder, 9207 Inkster: I have a question to the chair. Is there going to be de-acceleration lane as far as Engineering is concerned? Mr. LaPine: At this time I can't answer that question. We haven't seen any plans. I will defer to Mr. Nagy. Mr. Nagy: Yes, it is common practice of our Engineering Department to require both acceleration and de-acceleration lanes on major mile roads. Inkster Road certainly is a major mile road. Mr. Binder: The reason I am asking, the east side of Inkster Road is slated for an extra lane to be added, then there will be a center lane, a left turn only lane. There will be a north bound, a south bound and a center turn lane. That is why I asked whether there would be a de-acceleration lane. Another question. That piece of property that is excluded has me quite a bit bothered. I live on Inkster Road and we were suppose to limit garage sales and the City would permit one every six months. There are continuous sales on weekends all throughout the year. Mr. Engebretson: If I may interrrupt, that is not pertinent to what is going on tonight. You might get in touch with Building and Inspection rr. Department. Mr. Binder: My concern is, the reason I am bringing this up, has every effort been made possibly to get that piece of property out of the way? Mr. Engebretson: The only answer I can give you is Mr. Butler has tried to purchase property. He feels it is not worth it to enhance his project. I would assume he would probably continue to pursue it. As Mr. McCann pointed out, he is in favor of rezoning that parcel so if gentleman ever sells the whole parcel would be R-9 and I assume he will sell it to Mr. Butler. Mr. Binder: Does this zoning, Mr. Nagy, fit in with our future plan that we have had for the City? Mr. Nagy: Yes, it is consistent with our Future Land Use Plan. Mr. Binder: The perimeter in the rear, there are quite a few people concerned with having a wall instead of a fence. I said all I could do was ask the question here tonight. I don't know if this is too far in advance. Mr. LaPine: R-9 is considered residential abutting residential and I don't think a protective screen wall is required although I would assume there is possibly going to be some plantings back there, a berm possibly, but a wall is not required. 4.. 10381 Mr. Binder: R-9 is only two stories. Mr. Nagy: That is correct. CThere was no one else present wishing to be heard regarding this item and Mr. .. LaPine, Vice Chairman, declared the public hearing on Petition 88-9-1-26 closed. On a motion duly made by Mr. Morrow, seconded by Mr. McCann and unanimously adopted, it was #11-203-88 RESOLVED that, pursuant to a Public Hearing having been held on November 1, 1988 on Petition 88-9-1-26 by the City Planning Commission to rezone property located on the west side of Inkster, north of Joy Road in the Southeast 1/4 of Section 36 from RUF to R-9, the City Planning Commission does hereby recommend to the City Council that Petition 88-9-1-26 be approved for the following reasons: 1) The proposed zoning district will provide for low rise senior citizen housing, a use that is in great demand in the City of Livonia. 2) The proposed change of zoning is compatible to and in harmony with the surrounding uses in the area. 3) The proposed change of zoning is supported by the Future Land Use Plan. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.06 of Zoning Ordinance #543, as amended. Mr. LaPine, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. ' .. Mr. McCann, Secretary, announced the next item on the agenda is Petition 88-9-1-28 by David Perry for C.M.F.C. Investment Company to rezone property located on the north side of St. Martins Road, west of Newburgh Road in the Southeast 1/4 of Section 6, from RUFC to R-7. Mr. Bakewell presented map showing property under petition plus surrounding area. Mr. Nagy: We have a letter in our file from the Engineering Department stating the site in question may be designated as a wetland and that the petitioner should review this matter with the D.N.R. under the provisions of Wetland Protection Act (P.A. 203,1979). We have also been handed tonight a petition dated November 1, 1988 addressed to Livonia Planning Commission signed by 27 residents stating as citizens of the City of Livonia and residents of St. Martins St. they strongly oppose this rezoning and wish this to remain one family residential. Mr. Engebretson: In that petition, John, can you determine whether or not the residents that would have the privilege granted to the most affected neighbor status, would they have put into effect here the requirement rx for the super majority vote by Council. Mr. Nagy: I am unable to answer that question because petition was just 4, submitted to me this evening. David A. Perry, 31250 Plymouth Rd: I have been an attorney in Livonia for excess of �- 20 years. With regard to this petition, this property is primarily 10382 adjacent to Victor property. With the advent and the construction of Pembroke, which is a dedicated public street, my clients feel that this is a proper designation for this property. Hardly anyone is going to want to have a home on 1/2 acre lots with high rise building staring lemy down at them. Our proposal is for 32 rental units adjacent to the vacant property and the balance of our plan is to have cluster condominium housing somewhere in neighborhood of 40 - 45 units. The total would be somewhere near 70 units depending on square footage. We do not intend to have any egress onto St. Martins. The Fire Department might come in and say we need it but it would not be utilized by this development. In addition the Victor roads will be in. This site has access via Pembroke to Newburgh, to Eight Mile and to Seven Mile. It will in no way burden anyone. It will be an enhancement to the neighborhood and it would create a buffer of single family residential into rental units. This parcel is wooded. Every effort will be made to save the woods. With regard to DNR, we have had some assurances from people that the wetland designation has been removed. A portion of it was also on Victor property and engineering studies that were done there show water table is below elevation by ten to twelve feet but unfortunately we are having a hard time pinning down person at DNR to find out what their position is. If it is a wetland and we couldn't build on it, we would have to abandon our plans. The principal of C.M.F.C. is a licensed residential builder and also a Livonia resident who has built in area for last 13 to 14 years. He doesn't feel it is a wetland. The property owner that owns it now doesn't feel it is a wetland. The only one that does is U.S. Fish & Wildlife. Again, I think it would be a good development. The last I heard Parks and Recreation has no plans to build on the City property north of here. Mr. Engebretson: Does your client own property and how long? irmy Mr. Perry: Petitioner has owned it for several years. My client has purchase agreement contingent upon this rezoning. In addition, we are attempting to acquire parcels next to it. We will go with less and less density. Mr. Morrow: Mr. Perry, I am not sure I follow your client's reasoning as to why that would not be successful for low density residential. Mr. Perry: To the north the area is vacant. Something is going to be done about it. When they built golf course they said soccer field. Now I understand it may be something else. Within a few years there is going to be a high use by City. Immediately to west you have high rise office building. I don't know too many people who want to have a high rise looking over 1/2 acre type development. I think it is a logical development on this property. Mr. Morrow: It is just a matter of degree. Mr. Perry: That is our feeling. The units will be between $130,000 and $150,000. We think there is a market for it. There are a lot of people in my posision who don't want to move but they are rattling around in a big house and a condominium would be a good place to move. 10383 Mr. Morrow: I am not saying I agree, but I understand where you are coming from. Mr. Tent: You indicated two highly usable proposals for property. You indicated sooner or later it would be used for something. I don't see why we have to be in such a hurry to develop all the land in Livonia. You asked who wants to live next to high rise building. They do that all over. They do it in Toronto. From what I see here, this is sort of spec zoning. You weren't too certain what you wanted to do with the project. Mr. Perry: That is not correct. At this point in time along west boundary we would prefer to put in rental units and then it will go to condomoniums. When we first investigated this property there was some speculation that one corner could be possibly be zoned office in fact it was the feeling in this town that would be a proper use for it. We looked at that, we investigated it, but we felt the office has gone far enough. Mr. Tent: The wetland question. You indicated the DNR claims it is wetland but the people you are associated claim it is dryland? Mr. Perry: The wetland question came up in 1986. At that time it was challenged by Victor and obviously removed from their portion. There is nothing that the City Clerk can find that indicates that the DNR has given anybody approval. It is a cloud that we are trying to clear up. Mr. Engebretson: As you know, the proposal that you are presenting is contrary to the Future Land Use Plan. I would like to follow up with Mr. Morrow's question relative to the logic you present relative to altering that plan. I believe you said that people would not be interested in living on 1/2 acre lots looking out at high rise professional office buildings. How do you feel it would be any more acceptable to invest $150,000 in condomoniums and look out at high rise office buildings and find it any more acceptable. Mr. Perry: I think you could not build house on that 1/2 acre lot for under $150,000. You are looking at very expensive land because of the speculative nature of this property. It does have higher value than prior to Victor. Victor project totally changed outlook for that area. The Ridouts haven't been able to sell this property to anyone to build single family homes. They have been attempting to sell this for several years. If he had that same seven or eight acres a mile away there would be a subdivision right now. Mr. Engebretson: I guess some of us are concerned what we are seeing here is the predicted domino effect of the Victor project intruding deeper into the residential area. I am sure neighbors are going to have something to say about that. Perhaps they aren't as concerned as some of us are. Mrs. Fandrei: Mr. Nagy, what would be the maximum height of development in this zoning? 10384 Mr. Nagy: Two story. Larry Harris, 37718 Northland: I don't want it there because we already have Victor and it should be single family dwellings. That is what it is zoned. Paul St. Henry, 37500 Seven Mile: I am not immediately adjacent to this property but I am concerned with entire area. I am concerned with some of the information that is involved with this particular piece of property. We are talking about Victor project in PO III which happens to abut right up to the subject property. It is being assumed that is going to be some type of high rise. To my knowledge that would be the buffer area of the Victor project and the road from that area to east, I don't think there is going to be any type of development there. That would be some type of greenbelt, supposedly to kind of buffer the Victor project. As far as public lands in the Greenmead area, what's going to be developed there, a lot of that is contingent on what the City determines to do. Right now there are no sanitary system or water line that would maintain any type of development in the area. I think any development is down the road quite a bit. Basically, what we are determining here is whether or not we are going to, as a City, look at the development of this area from Victor Road to the south or whether we are going to look at continuation of the existing development from Seven Mile area and as it goes towards north are we going to develop from St. Martins north or Pembroke to south. I would be against this situation at least for a while. Gary Markwardt, 37785 St. Martins: I think your sketch is inaccurate. The lot ;`r that abuts the 100 foot eastment on Victor is vacant and I own it. I believe all the houses are shifted down one lot. The gentlemen behind me owns the other one. A few points. First, as you can clearly see the area is residential. The nearest multi-family is a mile away so this would clearly be a change. I would also point out that petition for multi-family in other places close by have been refused by Council. Adjacent to Pro Golf there was a request. The property south of Seven Mile Road, the old golf course, their request for multi family was refused. So clearly I think the Council and this body has taken the position they want to maintain this area as residential and I support that. You have already pointed out this is contrary to land use of the City. The comment was made there was difficulty in selling this property. I'm sure this property doesn't perk because it is very wet and there is a lot of standing water back there especially in the springtime so I doubt if you could put in septic in that area. Until recently there have been no sewers. There are sewers now down St. Martins. I think another point against it is that Willow Woods across the road from St. Martins is proof that very costly residential property is desirable in this area. The amount of traffic I see going into Willow Woods and looking at their model is nothing short of phenomenal. There is a lot of building going on in that development. I think very costly residential homes in that area will sell contrary to what petitioner has said. Overall, I think the residents in this area are going to have to learn to live with the Victor project and that is a lot to ask. I was very much against Victor but I am willing to accept it and to live with it. I think residents have a right to expect that this �,., area will remain residential. 10385 Tom Sata, 37741 St. Martins: I own two pieces of property directly south. I don't want to take the time to reiterate what Mr. Markwardt said. However, he is correct. He hit the nail right on the head. We do disagree with the proposal as it appears. However, in my case anyways, if it came to it, I think I could agree that the southerly 200 feet of that parcel remain either RUF or single family residential and if any development occurs north of that line, I think I could almost live with that. I would like to see it stay all single family residential but multiple back a couple of hundred feet, I could live with that. There was no one else present wishing to be heard regarding this item and Mr. LaPine, Vice Chairman, declared the public hearing on Petition 88-9-1-28 closed. Mr. Tent: I would like to offer a tabling resolution until unanswered questions are answered and we have had an opportunity to study area and study situation. On a motion duly made by Mr. Tent and seconded by Mrs. Fandrei, it was RESOLVED that, pursuant to a Public Hearing having been held on November 1, 1988 on Petition 88-9-1-28 by David Perry for C.M.F.C. Investment Company to rezone property located on the north side of St. Martins Road, west of Newburgh Road in the Southeast 1/4 of Section 6 from RUFC to R-7, the City Planning Commission does hereby table Petition 88-9-1-28. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Sobolewski, Engebretson, LaPine, Fandrei NAYS: McCann, Morrow ABSENT: Vyhnalek, Kluver Mr. LaPine, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Petition 88-9-1-29 by C. Tangora for Stella Construction to rezone property located on the northeast corner of Melvin and Clarita in the Northeast 1/4 of Section 11 from P.S. to R-7. Mr. Bakewell presented map showing property under petition plus surrounding area. Mr. Nagy: We have a letter in our file from the Engineering Department stating they have no objections to the rezoning proposal. Charles Tangora: I represent the petitioner, Stella Construction. We are here on a petition to zone an office zoned piece of property to multi-family, R-7. We appeared before the Planning Commission study session and have represented to you and have represented to people in area that the petitioner desires to build condominiums here. We have indicated the cost will be in the area of $100,000. There are going to be 20 condominiums and we do have a rendering that we showed to Planning Commission last week that we would like to put on the board if there are any residents here from that area they would have an opportunity to see what I think is a very nice multiple development. Each one of units is two bedroom unit. They have enclosed garage that is built `�.. into unit. It is all one floor. The height of the building fits in with 10386 area, approximately 21 - 22 feet maximum. The garage area fits into building design. There is one enclosed garage for each unit. I would be happy to answer any questions the Commission has. ti. Mrs. Sobolewski: Who is Stella Construction? Mr. Tangora: Stella Construction is a company that is made up of two individuals, Maria Stante, who has been a long time Livonia resident, and Bill Steiner. They are presently finalizing a condominium development in Plymouth. I have been out to the development. I have been very impressed with it. It was a development that was started by Stella Construction and had no difficulty selling out completely. I understand it is completely sold out. Mrs. Sobolewski: Stella is purchaser of property and also will be developer of property and sellers? Mr. Tangora: Yes, they will do everything. Mrs. Sobolewski: Will the access be on Melvin or Clarita? Mr. Tangora: They are not far enough along to have a detailed site plan. I would suspect obviously along Melvin there would be an access. I am not sure yet. Mr. Tent: Mr. Tangora, we asked this at the study meeting, and I would like to go on record with that, the proposal that you have here, which is very attractive, is this the type of development you intend to use. Mr. Tangora: Very definitely. If you had the opportunity to see the Stella `. development in Plymouth, it is similar but it is not the same as what you see on rendering but if you had the opportunity to see it, it's quality construction. Mr. Tent: Many times you come in with pretty pictures and then they come in later and downgrade it. For the record, you intend to provide this type of condominium development. Mr. Tangora: Yes. You can take my word for it. I know both of these people and they are quality people. They have been here for a long period of time and they have a good track record and they intend to keep up the track record. Mrs Fandrei: To answer Mr. Tent's concerns. I have been to the property in Plymouth that they are in the process of completing. I have been through units and it is a very attractive, well built complex. I was impressed also. Mr. McCann: If you do get your zoning, what time table are you looking at to start construction? Mr. Tangora: It would probably be late spring. Mr. McCann: Had you or your client considered or worked towards the property just to the east towards extending the project that way. Is that in your plans? 10387 Mr. Tangora: Not at present time. Mr. Morrow: Mr. Tangora, did I hear you, have you approached any homeowners in immediate area regarding the zoning. Mr. Tangora: I have not personally, Maria Stante has. Maria Stante, 18922 Wayne Road: I called Joyce Artman and I had meeting with her and I invited her to come to project in Plymouth so she graciously invited three other ladies and we showed them our project. They were impressed and three ladies are here in attendance. Mr. Morrow: You say they were in favor of rezoning. Mrs. Stante: Yes, they were impressed. My partner and I will answer any questions they have for us. Mr. Morrow: As you know, it is not necessary to contact the neighbors and we like to thank the people who do take the time to contact the neighbors. Mr. LaPine: Mr. Tangora, has your client ever considered putting single family homes there? I personally have a problem with R-7 across from residential when, in my opinion, you could very easily build single family homes. What's the difference? Mr. Tangora: I think obviously the answer to that is the cost of the property. Here we have a piece of property that is zoned for office use. It doesn't reflect the value where you can develop single family homes on it. �,. Mr. Engebretson: I agree. I would much prefer to see single family homes. On the other hand I think the proposal is far more desirable than an office building from the standpoint of neighbors. Mr. Tangora, I believe during study meeting you indicated these are all two bedroom units and I believe you also mentioned the size would be at least 1100 square feet per unit. Are you still thinking that way? Mr. Tangora: Yes, that is what they intend to build. Mrs. Fandrei: Again, I realize you do not have the site plan developed, I wonder if you would know how much off-street parking they might be providing for? I find many condominium complexes don't allow enough off-street parking, parking for visitors in the complex. That could be a concern of these neighbors. Mr. Tangora: There will be at least two per unit for off-street parking plus some limited extra parking for visitors. Mr. LaPine: What Mrs. Fandrei has brought up is a very important point. I assume at this location we are not going to have a clubhouse. Consequently, when someone has a party where they have 8 to 10 couples coming, you will really have a problem in condominium situation where they will park. I think we should look at this when we look at site plan. • 10388 Patrick Loftus, 18600 block of Doris: There are a few problems we are going to have with condominiums. First of all the traffic in this area is terrible. You have Seven Mile and Middlebelt and right across the street you have Livonia Mall and Livonia Mall has just been enlarged. Getting out of our street, especially during Christmas, is really impossible. If you do, it is just a raceway. Clarita also is not paved. This is going to pose a problem with parking that Brenda brought up. Condos are not aesthetically pleasing. It is just not going to look good. Would you like to live in a house across street and stare at condos. The Council in past has more or less approved condos on major roads. On main streets they are fine but not streets in middle of neighborhood. I think some of you people are of the fact it should remain residential. I agree. You can get at least five 1/2 acre lots out of that. It would make the person who owns the property some money. Since the City is more or less developed with R-7, multi family in this area, this area should be given back to families. Mr. McCann: Considering that this is zoned professional service right now, which is office building, as one Commissioner I look at this and I look behind it and trying to sell people individual properties when they have C-1 surrounding property, it seems to me it might be a natural buffer especially when we are talking single story units that are fairly nice. It might be a nice buffer. Considering they already have zoning for office, this would be a reduction in amount of traffic. Don't you feel this would be a compromise? Mr. Loftus: You have a point. I think, in my opinion, along with traffic problems, R-7 would be beneficial to everyone in neighborhood. I agree it would be a perfect buffer zone. Jim Kozlowski, 18973 Melvin: I am a new resident. Currently been there for two months. My concern is since I have been there I noticed the traffic. There is a lot of traffic going down the street on Melvin. I have a problem with that being the only access we have to mall. Clarita gets a lot of traffic. I am afraid if we put in multi-family housing traffic will be much greater. Also because of traffic I have had my mailbox blown up, hit with a bat. Coming here tonight, I was not notified. If it wasn't for my neighbor I would not be here tonight. It concerns me I wasn't notified. It also concerns me that when the lady talks about interviewing people around neighborhood, I heard maybe one person and three other ladies. That does not take into account enough people. Nancy King, 18947 Melvin: I have lived here for 21 years. I am not against this. This is the lesser of all the evils. We were asked to rezone that to professional service way back then. If you put single family homes in there you are going to have more children and more traffic. With condos generally we will have people that are working. There will be more traffic in evening not during the day. The only other thing I can see he said the Engineering Department said it was okay and that is probably true but we have water line that is bandaged all the way to Curtis. I was one of the ladies that went out to Plymouth to see them and I do like them. I am across the street. I don't mind looking at them. \.. 10389 Joy Hartmann, 29514 Pickford: I wonder where you gentlemen were years ago, months ago when they decided this was R-7. I was one of the women who contacted you. I am so tired of appearing before groups of people objecting. We did go see these condomoniums. If they guarantee us they are going to be condominiums, I want you to know they are very nice. I think it would be an asset to that corner. Mr. Tent: Mrs. Hartman, you said you are tired of fighting R-7. My question is, now you are in favor of this type of development? Mrs. Hartmann: I am really and truly for that to go in that area. I think it would be an asset in that area. Someone was saying something about so much traffic. Twenty units are going in there so twenty more cars is not going to make that much difference. There won't be school children in there. It looks more like retiree's age and they do have greenbelt in the center. The thing that concerns me, how many apartments are going up in that R-7 on that dirt road? I want you to reassure me it is going to be condominiums and not going to be apartments. Mr. Tent: I appreciate hearing your comments because you do your homework and I was concerned whether you did see it or not. Robert Detter, 29764 Clarita: I wasn't invited to this and I live right next door and no one contacted me to go see it. I would like to know just how far they will be from boundary line. Mr. Nagy: Ordinance requires 75 foot setback from single family residential property. yam, Mr. Detter: As you can see we are getting real sandwiched in. There was a petition that was turned down to rezone this whole area but it was turned down but like I say I am like Nancy I don't know whether to be for or against it because they could build P.S. right now if they so desire, so I don't know what to say. Six of one, half a dozen of another but it is 75 feet. I guess I say I am not objecting then. Joe Sailors, 18425 Melvin: I am not opposed to development like this. A small number of condominiums would be a nice thing on that site. My concern is R-7 where we have rental units and renters who don't have long term ties to neighborhood. Small condominium development, however, is better than office space. Mr. McCann: They would have to come back before us to get his approval for site plans and I believe, speaking for myself and I am sure other members of the board feel the same way, if they were coming back for rental units, he would have a much tougher time. Mr. LaPine: Mr. McCann I would just like to clarify that. Once the zoning is given to R-7 and if petitioner, and I don't say this is going to happen, cannot develop property and he sells it off to another developer as R-7, I don't think the Commission, at that stage of the game, Mr. Nagy correct me if I am wrong, can determine it has to be condomoniums there? It can be rentals. Am I right? 10390 Mr. Nagy: That is right. You cannot condition zoning. Mr. Engebretson. I don't think this is going to happen. Mr. Tangora has appeared before this Commission many times and if he says it is going to be R-7 with condominiums, I will take his word on it. Mr. Tent: What you say is probably true but the fact is this Commission here, when they come in with a site plan if they did dispose of the property, the other petitioner would have to satisfy us and if they came in with rental units we could make an effort to keep it from materializing. Mr. Engebretson: It is true to a point but if they came in with a plan that met all the requirements of the City of Livonia. I think we would have to approve it. Mr. Tent: They would still have to get our approval. Mr. Engebretson: We would be hard pressed to deny it if it met all the requirements. Barb Tucson: We have fought off high rise developments, used car lots and everything else. This seems to be a viable compromise and I have seen the site. They came to us before, which the other developers did not do, so we went and we saw the units. They will be single story. They are very nice units. We are pleased to find this viable compromise. Mr. Morrow: I am pleased you clarified the zoning. I have no reason to think it will not be developed as it is tonight. We have a P.S. , which is a step down when it abuts residential, which we have an opportunity to get in a low density type residential. It is uncommon for P.S. to be that deep into a residential area. For that reason alone I can support that rezoning. I think we are lessening the intensity of that zoning by going to R-7. Mr. Engebretson: I too am concerned that this R-7 zoning is a treacherous thing for City and for neighbors in that we could see something develop where the builder could sell his property and suddenly someone comes back and develops apartments but I think the risk in this particular situation is minimal because we have developer with a track record. I think if Mr. Tangora stands here tonight and tells us he is going to put in condominiums, that would go a long way towards putting my mind at rest. Mr. Tangora: Again, I recognize we cannot make any guarantees. We can make a representation and I can only tell you that the people I represent are honorable people that have good track record. The City Planner tells you, you can't condition the zoning. You have to use your gut feelings that they are honorable people who will follow through. That is about all you can do and that is same with every R-7 zoning you have before you. Mr. Detter: This other R-7 down the street at original rezoning presented condos for that and then tried to change to apartments. I guess now he is 10391 going back to condos but this gentleman did change his plans after he got his rezoning. Like the gentleman said you can't guarantee, but you can put pressure on the developer to see that he live up to his guarantee. If you don't accept guarantee, you can't hold him to it. Mr. Morrow: We have a very real opportunity to make less intensive use in that __ area from strictly zoning viewpoint. We do have an opportunity but there is no guarantee of it. I think this P.S. , being a higher intensive use, residential would be more desirable than P.S. Mrs. Fandrei: Bob, after having seen Mrs. Stante's development and the representation that has come before us, I feel she and her partner are being sincere with what they are proposing to do. Mr. Tent: One more question. I, as one Commissioner, would hold these people to their commitment. Every developer who comes before us paints a beautiful picture and when it comes to actually building it, they plead poverty, they want to downscale it. When I was involved, I would fight for it. This is what they are promissing, this is what they are going to build. There was no one else present wishing to be heard regarding this item and Mr. LaPine, Vice Chairman, declared the public hearing on Petition 88-9-1-29 closed. On a motion duly made by Jack Engebretson, seconded by Mr. Morrow and unanimously adopted, it was � #11-204-88 RESOLVED that, pursuant to a Public Hearing having been held on November 1, 1988 on Petition 88-9-1-29 by C. Tangora for Stella Construction to rezone property located on the northeast corner of Melvin and Clarita in ort the Northeast 1/4 of Section 11 from P.S. to R-7, the City Planning Commission does hereby recommend to City Council that Petition 88-9-1-29 ``"' be approved for the following reasons: 1) The proposed change of zoning is in keeping with the developing character of the area given the multiple family residential project currently under construction just three parcels to the east. 2) The proposed change of zoning will provide a buffer or transition zone between existing single family development and heavy commercial development to the north and east. 3) The proposed change of zoning will provide for a variety of housing types to serve the City. 4) The proposed zoning district will be more compatible to the residential neighborhood than the existing P.S. , professional service, zoned district. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.06 of Zoning Ordinance #543, as amended. Mr. LaPine, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. 10392 Mr. McCann, Secretary, announced the next item on the agenda is Petition 88-9-2-46 by Archie's Restaurant requesting waiver use approval to expand an existing restaurant to include additional seating and a banquet hall located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northwest 1/4 of Section 35 and to utilize a Class C liquor license therewith. W. Mr. Nagy: We have a letter in our file from the Engineering Department stating they have no objections to this proposal. We also have a letter in our file from the Inspection Department stating the following deficiencies or problems were found: (1) Too many seats are proposed for banquet facility. (2) Deficient parking. (3) This is a proposed addition to a non-conforming building. (4) The landscape area does not begin to approach 15%. Tom Paljusevic, 34453 : We have been in business since 1981. It was a Lums restaurant before we bought it. It was a smaller building. We added on in 1983. We have been doing business for seven years. We feel we need a bigger facility because we have a lot of calls for banquets and parties. We are proposing to enlarge building. We have piece of property. If the seating capacity is problem, we are willing to come down to whatever requirements are. I have picture of what it is going to look like. Mr. Morrow: We heard the report from Building and Inspection Department. You have deficiencies on your site that do not conform with the ordinance. We are hard pressed to consider this to my satisfaction. You have too little parking. Your landscaping doesn't meet minimum requirement and you have ZBA appeal action that would have to be taken care of. How would you respond to this? Mr. Paljusevic: I don't know the answers now but we are willing to do whatever is '*11. necessary. Mr. Morrow: There is the normal traffic concern in that particular section of Plymouth Road, which probably is one of the most congested areas in the City. It would just add to the traffic concerns at that particular corner. The traffic concerns are also part of my concern in addition to the other four things. Mr. Paljusevic: There are three driveways on this property. One from Milburn and two from Plymouth Road. I don't really see a problem with traffic. The traffic would be around 6:00 in evening. Mr. Morrow: You are asking for waiver use for Class C liquor license. You are trying to expand building. We do not have anything before us tonight that would even warrant our approval. We couldn't approve it if we wanted to because of the ordinance deficiencies. Mrs. Fandrei: It sounds like there are enough deficiencies that the property isn't adequate and another piece of property might be more appropriate for what your're designing. Mr. Tent: You really have outgrown your area but I don't see how this particular building can be put into that site and handle all the deficiencies. 10393 Mr. Paljusevic: We have site plan. Haven't you seen it. We really don't have a problem bringing the seating capacity down. If what it takes is for us to buy another piece of property, we will buy another piece of property that is available there. Mr. McCann: You have a rather extravagant building with large capacity. +i, However, because of the area you have, you would have to reduce seating, you would have to reduce building size, you would have to reduce parking, you would have to comply with landscaping problems. There is nothing the board can do this evening with what you have. If you come back, come back with much smaller version of what you are trying to do. Marilyn Barlage, 30536 Elmira: Archie's is well known in neighborhood. No one objects one iota. Our property would be right up against the parking area. I understand at one point a funeral home wanted to go in there and we turned it down. Unfortunately, many of my neighbors cannot be here tonight. We are really concerned about traffic on Plymouth. K-Mart is building a huge facility on the north. Milburn gets an awful lot of traffic. Mr. LaPine: You are opposed to petition? Mrs. Barlage: Yes, coming all the way back to lot line. There was no one else present wishing to be heard regarding this item and Mr. LaPine, Vice Chairman, declared the public hearing on Petition 88-9-2-41 closed. On a motion duly made by Mr. Tent, seconded by Mrs. Fandrei and unanimously adopted, it was #11-205-88 RESOLVED that, pursuant to a Public Hearing having been held on November \r. 1, 1988, on Petition 88-9-2-46 by Archie's Restaurant requesting waiver use approval to utilize a Class C Liquor License in connection with a proposed banquet hall addition to an existing restaurant located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northwest 1/4 of Section 35, the City Planning Commission does hereby deny Petition 88-9-2-46 for the following reasons: 1) That the petitioner has failed to affirmatively show that the proposed use is in compliance with the special and general waiver use standards and requirements set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543. 2) That the proposed use fails to comply with the standards and requirements set forth in Section 18.38(13) and (17) with respect to off-street parking and with Section 19.06(j) with respect to area devoted to landscaping. 3) That the subject site lacks the capacity to accommodate the proposed use. 4) That the proposed use would be detrimental to and incompatible with the adjoining uses in the area. 5) That the location and size of the proposed use, its nature and 10394 intensity, the site layout and its relation to streets giving access to it will be such that traffic to and from the site will be hazardous to the neighborhood since it will unduly conflict with the normal traffic of the area. FURTHER RESOLVED that, notice of the above hearing was given in `. accordance with the provisions of Section 23.06 of Zoning Ordinance #543, as amended. Mr. LaPine, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Petition 88-9-2-47 by Mt. Hope Memorial Gardens requesting waiver use approval to erect a pole barn within a cemetery located on the east side of Middlebelt Road, north of Six Mile Road in the Southwest 1/4 of Section 12. Mr. Nagy: There is a letter in our file from the Engineering Department stating they have no objections to this proposal. We also have a letter in our file from the Inspection Department stating that while this proposal complies with all zoning requirements for this use, it's chiefly due to the fact that there really aren't any. The size of the structure and its visibility from Middlebelt should give pause for some kind of aesthetic review. Abe Green, 17840 Middlebelt: The purpose of this building is to store machinery that right now most of it is exposed to public view. We want to enclose it in this building to get it out of view and to get it out of weather. Mrs. Fandrei: Mr. Green, When I examined this property, one of your workers suggested to me that the two trailers were going to remain, that they '"" were going to be enclosed in the pole barn. Mr. Green: No, they gave the wrong impression. We have a trailer that we have been using as an office building. They gave us a year to remove that trailer. The existing building is part office and part storeroom. When we build this building all the equipment will be housed there. The balance of the existing building will be converted into office building and the trailer will be removed. Mr. Engebrtetson: You said one of the reasons you wanted to do this was to get the equipment enclosed in this building. Isn't a pole barn an open structure? Mr. Green: No, it is closed on all four sides and it has exit and entrance gates on opposite ends. Mr. Engebretson: I am curious why it is necessary to have a structure 23 feet in height. What kind of equipment are you storing in there. Mr. Green: Tractors, large lawn mowers, watering tanks, etc. Right now it is exposed to public view. It is 22 feet, 6 inches at peak. Mr. McCann: What type of building materials are you planning on using? 10394 intensity, the site layout and its relation to streets giving access to it will be such that traffic to and from the site will be hazardous to the neighborhood since it will unduly conflict with the normal traffic of the area. ,f, FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.06 of Zoning Ordinance #543, as amended. Mr. LaPine, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Petition 88-9-2-47 by Mt. Hope Memorial Gardens requesting waiver use approval to erect a pole barn within a cemetery located on the east side of Middlebelt Road, north of Six Mile Road in the Southwest 1/4 of Section 12. Mr. Bakewell presented map showing property under petition plus surrounding area. Mr. Nagy: There is a letter in our file from the Engineering Department stating they have no objections to this proposal. We also have a letter in our file from the Inspection Department stating that while this proposal complies with all zoning requirements for this use, it's chiefly due to the fact that there really aren't any. The size of the structure and its visibility from Middlebelt should give pause for some kind of aesthetic review. Abe Green, 17840 Middlebelt: The purpose of this building is to store machinery that right now most of it is exposed to public view. We want to enclose it in this building to get it out of view and to get it out of weather. Mrs. Fandrei: Mr. Green, When I examined this property, one of your workers suggested to me that the two trailers were going to remain, that they were going to be enclosed in the pole barn. Mr. Green: No, they gave the wrong impression. We have a trailer that we have been using as an office building. They gave us a year to remove that trailer. The existing building is part office and part storeroom. When we build this building all the equipment will be housed there. The balance of the existing building will be converted into office building and the trailer will be removed. Mr. Engebrtetson: You said one of the reasons you wanted to do this was to get the equipment enclosed in this building. Isn't a pole barn an open structure? Mr. Green: No, it is closed on all four sides and it has exit and entrance gates on opposite ends. Mr. Engebretson: I am curious why it is necessary to have a structure 23 feet in height. What kind of equipment are you storing in there. Mr. Green: Tractors, large lawn mowers, watering tanks, etc. Right now it is exposed to public view. It is 22 feet, 6 inches at peak. Mr. McCann: What type of building materials are you planning on using? 0� 10395 Mr. Green: It is difficult for me to give you the real definition, I don't understand building materials, but it is the same type of building that Beth El Cemetery put in their cemetery. It is metal structure ma, with insulated roof. It has the same type of shingle as existing Mos.� office building. The color is going to match the office building. Mr. McCann: When I hear steel building, I am thinking corrugated steel building. Mr. Green: I furnished 20 plans. Mr. McCann: It doesn't show us what people are going to see from the street. Mr. Green: It will all be inside fenced area. There will be a small part showing. The colors will match existing building and asbestos tiles as on existing building. Mr. McCann: You are going to have a pitched roof and the walls will not be seen? Mr. Green: Yes. Mr. Morrow: My question was partially answered by Mr. McCann's question as far as building materials. Somehow a pole barn on Middlebelt Road, one of the busiest streets in Livonia, doesn't seem to go along with my way of thinking. I don't associate pole barns on Middlebelt Road made out of corrugated metal. I could not vote for it. Mr. Green: It is not made out of corrugated metal. Mr. Tent.: How long have you owned property? ... Mr. Green: Twenty years. Mr. Tent: I am very familiar with the area, Mt. Hope Cemetery. I have lived in that area for 35 years. I know that cemetery was a mess for a number of years. You made a big improvement up to this point. You could probably have solved all our problems and answers if you would have brought in a picture to show us the type of construction because we are confused as to what you are talking about building. We want something that is attractive. We would like to see that. As one Commissioner, I would like to see an elevation of your proposal showing exactly what it will look like. I am not prepared to vote on this tonight. Mr. LaPine: Mr. Green, you have 68 acres there? For the life of me with 68 acres, can't you find some place on that 68 acres way back where you could build this building. It seems to me, as Mr. Morrow pointed out, if you were not on Middlebelt Road, in my opinion, all you should have visible there is your office building. Everything to do with maintenance should be buried in the back. I would have no objection if it was buried in the back of the cemetery. I have some objection to it where it is now. Mr. Green: There are no sewers, no water. The manager's residence is out of the main office and he is in charge of the people that are maintaining • the grounds and are using the equipment. No. 10396 Mr. LaPine: What would you need water for? Mr. Green: Lavatory facilities, etc. Mrs. Fandrei: You indicated that you are planning on leaving fence up once you put the pole barn up. Why? Mr. Green: Just to enclose the whole area. Were you out there? Mrs. Fandrei: Yes I have been out there twice. Mr. Green: Well inside the fence they also use part of it for warehouse, for storing certain types of material. Mrs. Fandrei: I would imagine that would be in the barn. Mr. Green: If it is a big objection, we could take the fence down. Mrs. Fandrei: I can appreciate why the fence is there now but it looks like a temporary structure that might collapse. It is unsightly, in my opinion. Also, you refer to the materials on the pole barn. The drawing showed that the shingles are asphalt and not tile. Mr. Green: I said asbestos. They are shingles. Mrs. Fandrei: They are asphalt shingles? Mr. Green: Yes. Mrs. Fandrei: Painted steel wall panels? '01r Mr. Green: That is what we have on the whole thing now. Mrs. Fandrei: I agree with some of my fellow Commissioners, I don't feel good about having this size of a building along Middlebelt, which is a major thoroughfare. There are too many residential properties in the area and I feel this size would be unsightly. Mr. Green: I could bring photographs. Mrs. Fandrei: As I drove by Beth El, I didn't get the feeling that the structures were pole barn or temporary. They appeared to be brick. They appeared to blend in. I guess that is what we are looking for something that will blend in. A relocation might be something we would be more open to. There was no one else present wishing to be heard regarding this item and Mr. LaPine, Vice Chairman, declared the public hearing on Petition 88-9-2-47 closed. On a motion duly made by Mr. Tent, seconded by Mrs. Fandrei and unanimously adopted, it was RESOLVED that, pursuant to a Public Hearing having been held on November 1, 1988 on Petition 88-9-2-47 by Mt. Hope Memorial Gardens requesting waiver use approval to erect a pole barn within a cemetery located on the east side of Middlebelt Road, north of Six Mile Road in the Southwest 1/4 of Section 12, the City Planning Commission does hereby table Petition 88-9-2-47. 10397 Mr. LaPine, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Petition 88-9-2-48 by Merritt & McCallum for St. Edith Church requesting waiver use approval to renovate and construct an addition to the existing church located on the west side of Newburgh Road between Five Mile Road and Jamison Avenue in the Northeast 1/4 of Section 19. Mr. Nagy: We have a letter in our file from the Engineering Department stating their office has no objections to this proposal. We also have in our file a letter from the Inspection Department stating no deficiencies or problems were found. Stuart McCallum, Architect for Church: We are proposing to add approximately 10,000 square foot addition, expand parking lot, adding additional landscaping to the site. Mr. LaPine: You have a rendering there. Mr. McCallum: It is a site plan showing existing church. This is the new proposed church addition. We are expanding the parking lot and adding to the capacity of it and adding landscaping. Mrs. Sobolewski: Mr. McCallum, what is the present size of seating capacity? Mr. McCallum: About 600 to 650. Mrs. Sobolewski: What other kinds of inside renovations are being done? Mr. McCallum: It has been a two and three stage project. There was the original building, which is the center portion. The portion to south was built a few years later, then that became the church and the church became the fellowship hall. Now we are building the new proposed church. The present church will become fellowship hall and the original church will be offices. Mrs. Sobolewski: Is it just because the membership has increased? Mr. McCallum: No it is just a general overall growth of the parish. Mrs. Sobolewski: The building materials will match? Mr. McCallum: Yes. Mrs. Sobolewski: How about height? Mr. McCallum: Forty-one feet. It all slopes down and will tie in with existing building. Mrs. Fandrei: Do you have sprinkler system in your landscaping at this point? Mr. McCallum: There is nothing showing on site plan but we are proposing to make provision for sprinkler. There was no one else present wishing to be heard regarding this item and Mr. LaPine, Vice Chairman, declared the public hearing on Petition 88-9-2-48 closed. 10398 On a motion duly made by Mrs. Sobolewski, seconded by Mr. Engebretson and unanimously adopted, it was #11-206-88 RESOLVED that, pursuant to a Public Hearing having been held on November 1, 1988 on Petition 88-9-2-48 by Merritt & McCallum for St. Edith Church requesting waiver use approval to renovate and construct an addition to the existing church located on the west side of Newburgh Road between Five Mile Road and Jamison Avenue in the Northeast 1/4 of Section 19, the City Planning Commission does hereby recommend to the City Council that Petition 88-9-2-48 be approved subject to the following conditions: 1) That the site plan marked Sheet 1, dated 9-26-88 prepared by Merritt & McCallum, Architect which is hereby approved shall be adhered to. 2) That the building elevation plan dated 9-26-88 prepared by Merritt & McCallum, Architect, which is hereby approved shall be adhered to. 3) That the landscape plan marked Sheet Ll, dated 9-26-88 prepared by Merritt & McCallum, Architect which is hereby approved shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be permanently maintained in a healthy condition. for the following reasons: 1) That the proposed use is in full compliance with all of the special and general waiver use standards and requirements set forth in Section 4.03 and 19.06 of the Zoning Ordinance #543. 2) That the subject site has the capacity to accommodate 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 23.05 of Zoning Ordinance #543, as amended. Mr. LaPine, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Preliminary Plat approval for Gill Orchards Subdivision proposed to be located north of Seven Mile Road east of Gill Road in the Southeast 1/4 of Section 4. Mr. Bakewell presented map showing property under petition plus surrounding area. Mr. Nagy: We have a letter in our file from the Traffic Bureau, Department of Public Safety, stating they find the design satisfactory. They stated they would recommend that the existing "Northland Drive", running west from Norwich, be renamed "Northland Court" to reduce confusion. We also have a letter in our file from the Division of Fire, Department of Public Safety, stating they have no objection to its development pending an approved water supply and hydrant locations. 10399 Mr. Engebretson: At study meeting we discussed with Mr. Constantine, the petitioner, that he would look into some alternative plans in order to have the traffic moved from Northland Drive to Gill Road. Did that happen? '`. Mr. Nagy: Yes, during this past week we did meet with the petitioner and representive of petitioner's engineers and while we did review those plans and tried to work out a satisfactory solution, we could not come to a meeting of the minds. The petitioner is here tonight and I don't want to speak for him. Angelo Constantine, 19300 Northridge Drive, Northville: When I submitted this preliminary plat I gave it some consideration and thought based upon the advice of my engineer my design was to put a cul-de-sac in to eliminate some of traffic flow and I thought it would be better to have houses on a secluded cul-de-sac. At study meeting some of the Commissioners expressed concern about having a road out to Gill Road. Mr. LaPine: What is your objection to having a road coming off of Gill Road? I don't see what the problem is. The lots along Gill Road are 90 foot lots. All it requires is for you to make them 80 foot lots and use the 60 feet gained for the road. You can pick up the same six lots. You bring a road thru and it goes right in and hooks up to the road you already have existing. You should not have to lose any lots. You still would have your cul-de-sac at the end and that way we could keep Northland Drive closed off. I don't understand what is your objection to that. Mr. Constantine: Just the fact I could give the property owners 90 foot lots. Mr. LaPine: You have to take into consideration the only way you can get into that subdivision is to come through Windridge Subdivision. That is not fair to people who live there. It seems to me you will still be able to sell those 80 foot lots. Mr. Constantine: I just thought it would reduce traffic flow out of subdivision. It would seem to me if somebody turns on Northland Drive its for one reason either to go home or to cruise area. Mr. LaPine: What I am concerned about are the people who live on Northland Drive. With my proposal we could keep Northland Drive dead end. To me, I have nothing against your proposal, it just makes more sense to have the entrance off Gill Road. Mr. Morrow: I would support that in this particular case. I don't want to add traffic to that particular subdivision plus having lived in the area, if you have ever tried to go east on Seven Mile, you don't know how rough it is. The people moving in there won't really appreciate it until they see how tough it is to get out on Seven Mile Road. I think we did indicate we did want to at least see an alternative to have that particular road coming off Gill Road. From a planning standpoint that is what I would like to see. Mr. LaPine: You indicated at our study session you had an alternative plan. 10400 Mr. Constantine: It was a sketch. Nothing that I would want to present to you. When I made this determination to submit this, I made the determination thinking it is in the best interest of the community. Mr. LaPine: What type of homes are you building in there? '41"' Mr. Constantine: I will probably just develop lots and sell them. Mr. LaPine: You are going to put in improvements and sell off lots to individual builders? What control would we have then? Mr. Nagy: To the extent you could control it would be with the final plat, the covenants and restrictions are part of plat itself, so you could review them and be comfortable with the restrictions. Mr. Constantine: It is my intention to either build houses or have them built equal to or greater than what are existing now. Mr. McCann: I don't like the idea of dead end streets there chopping up subdivision. In this case I count seventeen homes that would be in addition to Northland. I like the idea that it is a cul-de-sac. I think people living in new homes would like that. However, I think it carries into the subdivision. It appears to me that Northland was originally planned to go to Gill Road. I don't think the addition of seventeen homes would be that much of a burden. Tom Caruana, 19293 Norwich: Two things. First of all I am on Lot 8. I would back up to what appears to be cul-de-sac. At the end of my property line, where my children play, from looking at map I see the cement from that street would run to my back yard. My question is, would we have some sort of easement or barrier to prevent people from turning around there. There is no area for grass or sidewalks. Secondly, I Now also represent the Windridge Village Civic Association. I have letter from association objecting to the opening of Northland Road. If you would like me to read it, it states the reasons. "The Windridge Village Civic Association, which is an association of 292 houses, request that the proposed plat plan be modified to have Gill Roads entrance/exit only for the following reasons: Construction traffic through subdivision to build roads and houses; increased traffic on Norwich Road (possibility of 34 more cars (17 lots x 2 cars) trying to get out onto Seven Mile Road in an already high accident corner); Gill Road is paved and has a traffic light at both Seven Mile and Eight Mile Roads; two other newly approved subdivisions on the east side of Gill Road will have a Gill Road entrance/exit and secondly because of the close proximity to Windridge Village Subdivision, we would like to see the current deed restrictions for Windridge Village I and Windridge Village II incorporated into the deed restrictions for Gill Orchards and Mayflower Estates Subdivisions." As the Commission may remember when this was first rezoned as R-2, there were a couple of other developments that were coming through at same time and Council, in their final approval, had asked that all those builders work together to develop that piece of property as one big area, to have the roads like they need them. (Mr. Caruana turned letter in to the Secretary for our file) 10401 Robert Sickler, 19341 Norwich: I object to cul-de-sac as it isolates the two portions which are RUF. In addition, it doesn't allow for the development of that property as residential property. I propose that a better use of the land would be to extend the street straight down New and end it, which would allow access to Gill Road. Victor Siavrkas, 34166 Northland Drive: I am here as individual more or less supporting what Mr. Caruana stated earlier. The added traffic will be a burden. It is quite obvious why we should not consider the proposed plan for the obvious reasons, the traffic aspect. The added traffic does create a problem in existing subdivision. John Mahn, 34320 Seven Mile: I live in yellow house on northeast corner. I talked to Angelo here regarding the planning of this. We control HH4B and we control Mayflower Estates #1, meaning we have built it. I talked to Angelo, a few minutes ago, thinking there would be a better way to improve this property so we have a couple of plans to satisfy the civic group and which will take a study session on your behalf. We are thinking continuing Northland Drive down and we have already a model here. If it is agreeable with Mr. Constantine and my people that we continue the road down splitting these lots and dropping the road down here to empty out onto Gill road. I have some sketches here but it will take some study. Mrs. Fandrei: I think at this point it might be a good plan to just meet with residents and talk with them before you bring your plan before the Planning Department. Get some imput from the residents. Mr. Mahn: We want to be compatible and also we have a lot invested here already but for expediency of time, we don't want to leave it there. We want Nosy to get the ball rolling. Mr. LaPine: Would that mean that Northland Drive would be open or would it still be dead end? Mr. Mahn: The developers always leave a dead end road. Mr. Tent: Seeing that we are at an impass here at this particular point, I would like to honor Mr. Mahn's request and Mr. Constantine's and let them get together and come up with a proposal at one of our study sessions and we can go from there. I think what we have here now is a problem and it will take some time to resolve the issues. Kathleen Uhlig, 34177 Northland: I purchased property one year ago and prior to purchasing property my realtor and I checked with City and we were told that this was going to be a dead end there and it was not going to be any possibility of Northland emptying into Gill Road so that we would be a through street going all the way to Gill Road and we talked with you and that was the information we received. I am a very disappointed person if this is what is going to happen. I don't want to be on a street that goes through. I feel I have been misled. Mr. LaPine: Let me assure you, it wasn't anybody on this Commission. Mrs. Uhlig: The realtor called the Planning Commission and this was the 'taw was I was given. I was given the information that the street was not going through. 10402 Mr. LaPine: It was not Planning Commission. Maybe they talked to someone in Planning Department. Frank Godlesky, 19245 Norwich: The proposed Northland being opened up would be a mistake and injustice to Windridge. If I was to buy a house in cul-de-sac, I would prefer my family to go out to Gill Road and use the light. I hear the screeching of tires on Seven Mile almost daily. I have to wait 15 minutes to go out onto Seven Mile. I think leaving Northland closed and opening up on Gill Road would be the best thing. William Hall, 34194 Northland: I live right next door to the proposed development and I have three small children and that is one personal reason why I don't want that road opened because of increase in traffic. I think a valid point has been made here tonight. When you try to get out on Seven Mile it is sometimes a very dangerous situation. I would like to keep traffic out of Windridge as much as possible. Mr. Contantine: When I originally came to the Planning Commission two years ago, my original intent was to develop six lots and I asked for rezoning. It was zoned RUF and they told me we will give you zoning but we would like to see you get together with people next door. That wasn't possible initially so, I went out and paid top dollar for this property. If there is anything we can do to expedite this it would be appreciated as timing is of the essence. I know there are no guarantees that Northland Drive could be extended. I am willing to talk and meet everybody's needs. Mr. Morrow: I guess we did have an opportunity to study this with you last week and I guess you should have carried away the message. We know you have time constrictions because of weather but it seems you have done nothing to help yourself. You had to know there were some concerns. Mr. Constantine: It seemed there were some people who were in favor of it. Mr. McCann seemed to think it was better not to have a road in there, I believe that was your opinion. Mr. McCann: I did have some positive feelings, however, the idea of this hearing tonight is for me to get an idea of how the neighbors feel about it and I have to take into consideration how they feel. I have to consider their opinion when making my own. Mr. Constantine: I understand that. I realize something has to be done with a road out to Gill Road. Mr. LaPine: Do you think there is any possibility you and the other builder can get together? Mr. Constantine: I have no objection to that. Mr. LaPine: I think the suggestion made by Brenda that maybe you could get together with people in the area who are going to be affected. I would think ladies and gentlemen we might be able to table this until we have alternative plans. 10403 Edward Woods, 34153 Northland: When this new plat does get developed, can we get more people notified that are going to be directly affected by this? I didn't get a letter about this. .,„ Mr. Nagy: For plats, the ordinance requires only abutting property owners are notified. Mr. Woods: Therefore, I am not concerned? Mr. Nagy: I did not say that. I am here to administer the City ordinance. The City ordinance states abutting property owners. We also publish notice in paper but you are absolutely welcome to attend these meetings and present your view and the Planning Commission will take your view into consideration. Mr. LaPine: We will somehow notify people in that area if I have to personally come over to your house and tell you. Jane Godlesky, 19245 Norwich: We are directly abutting up to that property and we did not receive notice. Mr. Nagy: Our City records showed we mailed a notice to that address. Mr. LaPine: Our City records show a notice was sent to you. Mr. Mahn: When we developed Mayflower Estates #1 we continued the road coming out of Windridge. I believe that took a lot of the traffic burden off your street. Now we are proposing the same thing for you people because the road will be in my back yard going out to Gill Road and we think that would relieve traffic on Norwich. There was no one else present wishing to be heard regarding this item and Mr. LaPine, Vice Chairman, declared the public hearing on Preliminary Plat approval for Gill Orchards Subdivision closed. On a motion duly made by Mr. Engebretson, seconded by Mr. Tent and unanimously adopted, it was RESOLVED that, pursuant to a Public Hearing having been held on November 1, 1988 on Preliminary Plat approval for Gill Orchards Subdivision proposed to be located north of Seven Mile Road east of Gill Road in the Southeast 1/4 of Section 4, the City Planning Commission does hereby table Preliminary Plat approval for Gill Orchards Subdivision until the Planning Commission study meeting of November 15, 1988. Mr. LaPine, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Petition 88-9-1-27 by Jerry Gottlieb to rezone property located on the north side of Joy Road between Newburgh Road and Stonehouse Avenue in the Southeast 1/4 of Section 31, from R-4 to R-7. Mr. Bakewell presented map showing property under petition plus surrounding area. 10404 . Mr. Nagy: We have a letter in our file from the Engineering Department stating there are no City maintained storm sewers readily available to service the site. They state that based on recent information received by their office in connection with the adjacent Crystal Pond Condominium site (a similar structure), outletting the drainage to a storm sewer system in Westland on a restricted basis does not appear to be a viable solution to the storm sewer question. Mr. LaPine: Are they saying that R-7 there now which dumps into sewers in Westland is not viable? Mr. Nagy: It is not a viable solution for Crystal Pond or this developer to tie into that system in Westland. They are saying Mr. Gottlieb will have to find his own solution. Jerry Gottlieb, 30135 Sunset Drive, Farmington Hills: I am in contact with Bill Roskelly, who is doing my engineering work, and frankly he has assured me I would not have a problem with my storm system and if I have a problem then I won't be able to build the project until I come up with some solution but I am here to see if I could get it zoned and take it from there. I was hoping to be able to build some condominiums. Mr. Morrow: What you hear here from Engineering has not persuaded you from proceeding with this project? Mr. Gottlieb: No, I have talked to Basney & Smith, my engineering firm, and they said it was not a problem. 'ft• Mr. Tent: Mr. Nagy, the R-7 zoning, that project hasn't started yet? Mr. Nagy: Correct. It hasn't started yet. Mr. Tent: The reason for it is the sewers? Mr. Nagy: I think that would have a lot to do with it. Mr. Tent: Therefore if we did go ahead and approve some additional R-7 it would compound the problem. It would just go on and on. Shouldn't we resolve this problem before we go any further? I would hate for him to go to a lot of expense and he might not be able to use the land. Mr. Morrow: I guess he has the right to buy a piece of property and ask for rezoning. Mr. Gottlieb: Mr. Roskelly indicated to me he didn't feel it would be a problem. I don't know specifically that he had this other development in mind when he was telling me that. Mr. Morrow: I think we can press on with zoning. Whether the lot is ever developed or not we are here to decide whether R-7 should go in that parcel. I don't want to deny it for that reason. All I am saying, R-7 is this appropriate for that corner? Mr. Gottlieb: That is all I came here for. `4111. 104G5 Mrs. Fandrei: At this point I am not myself ready to rezone to R-7, which is a multiple use, with the present situation with the sewers. R-4 might be workable for residences. If we rezoned to R-7, we are opening up a can of worms. Mr. LaPine: If you are going to single family or R-7, if there is a sewer problem, there is a sewer problem. I think it is logical to rezone to R-7. Chris Vaughn, 37912 Joy Road: We all got in our mailboxes from our civic association petitions that we were supposed to sign, I don't know if you got them or not, either for or against. We were told this was going to be an apartment complex. Apartments I would say no to. We just purchased a new house there a year ago. The only four houses on Joy Road that you can see. I wonder how apartments would fit in there and the sewer problem does exist. Condomoniums I can almost live with if they are presented in such a manner as, I think, it was shown by your third petitioner, so they are classy looking. I just don't see the need if it is going towards apartments. That is basically the case I wanted to state. I am wondering what is going to happen to Stonehouse. No one has been able to tell me about what is going to happen to Stonehouse. There are a lot of things up in the air and I think before anything is changed, I would like to see everything changed back over to R-7. I would like to be involved if anything does happen. Mr. Nagy: I do know there is a proposal before Engineering Department to open Stonehouse. Mr. Gottlieb, your petitioner, has provided for the right.-of-way needed. This subject parcel has been diminished by amount needed to provide for future road right-of-way. What the rr„ status is I don't know. Mrs. Sobolewski: Chris was concerned are they going to be condominiums. Are they going to be rental? Mr. Gottlieb: Condominiums. Absolutely. Eleven attached condominiums. It is on drive off of Joy Road. A very lovely project. My project is for seven one-story and four two-story condos. Mrs. Sobolewski: Basements? Mr. Gottlieb: No basements. Mr. Engebretson: Our notes indicate you were planning to develop four one-story and six two-story. One other question Mr. Gottlieb, have you developed similar condominiums previously in the area. Mr. Gottlieb: I have been building in Livonia off and on. My first venture was in 1973 when I developed a subdivision. Recently I was before this board and got rezoning for office site at Seven Mile and Merriman. Mr. Tent: I have all the confidence in this developer that he would put up decent project but I am concerned about the general area and there are going to be sewer problems. I wonder if we are ever going to get anything in that area. Based on this I couldn't support this petition. :- 10406 Mrs. Fandrei: I feel the same way. Until the sewer problem is satisfied I cannot support this petition to rezone. On a motion duly made by Mr. Engebretson and seconded by Mr. Morrow, it was #11-207-88 RESOLVED that, pursuant to a Public Hearing having been held on November 1, 1988 on Petition 88-9-1-27 by Jerry Gottlieb requesting to rezone property located on the north side of Joy Road between Newburgh Road and Stonehouse Avenue in the Southeast 1/4 of Section 31, from R-4 to R-7, the City Planning Commission does hereby recommend to the City Council that Petition 88-9-1-27 be approved for the following reasons: 1) That the proposed change of zoning will amount to a minor expansion of an existing zoning district in the area. 2) That the proposed change of zoning will result in a minor increase in the population density for the neighborhood. 3) That the proposed change of zoning 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 23.06 of Zoning Ordinance #543, as amended. A roll call vote on the foregoing resolution resulted in the following: r AYES: McCann, Morrow, Sobolewski, Engebretson, LaPine NAYS: Tent, Fandrei ABSENT: Vyhnalek, Kluver \► Mr. LaPine, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. LaPine, Vice 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, seconded by Mrs. Sobolewski and unanimously adopted, it was #11-208-88 RESOLVED that, pursuant to Section 12.08.030 of the Livonia Code of Ordinances, the City Planning Commission does hereby establish and order that a Public Hearing be held to determine whether or not to vacate a portion of a 20 foot alley located south of Grand River Avenue between Antago and Rensellor in the Northeast 1/4 of Section 1. AND THAT, notice of such hearing shall be given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances, as amended. Mr. LaPine, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Li On a motion duly made by Mr. Tent, seconded by Mrs. Fandrei and unanimously adopted, it was 10407 #11-209-88 RESOLVED that, pursuant to Section 12.08.030 of the Livonia Code of Ordinances, the City Planning Commission does hereby establish and order that a Public Hearing be held to determine whether or not to vacate the north five feet of Norfolk Avenue right-of-way adjacent to Imonen Subdivision located between Mayfield and Hubbard in the Northwest 1/4 of Section 3. AND THAT, notice of such hearing shall be given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances, as amended. Mr. LaPine, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Sobolewski, seconded by Mr. Engebretson and unanimously adopted, it was #11-210-88 RESOLVED that, the minutes of the 567th Regular Meeting & Public Hearings held by the City Planning Commission on October 18, 1988 are approved as corrected. Mr. LaPine, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Tent, seconded by Mr. Engebretson and unanimously adopted, it was #11-211-88 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Landscape Plan submitted in connection with Petition 88-9-8-25 by Kamp-DiComo Associates for approval of all plans required by Section 18.47 of Ordinance #543 in connection with a proposal to construct an office building located on the north side of Five Mile Road between Farmington Road and Westmore Avenue in the Southwest 1/4 of Section 15, be approved subject to the following conditions: 1) That Landscape Plan #88019-A dated 9-30-88 by Norman C. Kaipio is hereby approved and shall be adhered to; 2) That the landscape material be installed on site prior to building occupancy and permanently maintained in a healthy condition. Mr. LaPine, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. McCann, seconded by Mr. Morrow and unanimously adopted, it was #11-212-88 RESOLVED that the City Planning Commission does hereby recommend to the City Council that Petition 88-10-8-29 by Thrifty Aluminum Products, Inc. requesting approval of all plans required by Zoning Ordinance #543 in connection with a proposal to erect a 18' x 60' open carport canopy at the Livonia Mall Shopping Center located at the northwest corner of Seven Mile and Middlebelt Roads in Section 2, be approved subject to the following condition: 10408 • • 1) That Plan #88536 for covered management parking in Lot G of the Livonia Mall prepared by Thrifty Aluminum Products is hereby approved and shall be adhered to. Mr. LaPine, Vice Chairman, declared the motion is carried and the foregoing Sur resolution adopted. On a motion duly made, seconded and unanimously adopted, the 568th Regular Meeting and Public Hearings held by the City Planning Commission on November 1, 1988 was adjourned at 10:00 p.m. CITY PLANNING COMMISSION /7 //// .-}aures C. McCann, Secretary ATTEST: f 2 f William LaPine, Vice Chairman,' jg `rr.