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HomeMy WebLinkAboutPLANNING MINUTES 1989-04-18 10621 MINUTES OF THE 577th REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION ON April 18, 1989 On Tuesday, April 18, 1989, the City Planning Commission of the City of Livonia held its 577th Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Donald Vyhnalek, Chairman, called the meeting to order at 7:30 p.m. Members present: Donald Vyhnalek Raymond W. Tent James C. McCann R. Lee Morrow Sue Sobolewski Jack Engebretson William LaPine Herman Kluver Brenda Fandrei Members absent: None Messrs. John J. Nagy, Planning Director; H. Shane, Assistant Planning Director, and Ralph H. Bakewell, Planner IV, were also present. On a motion duly made by Mr. LaPine, seconded by Mr. Kluver and unanimously adopted, it was #4-69-89 RESOLVED that, Petition 89-1-1-1 by Renate Goettmann to rezone property located on the west side of Farmington Road between Eight Mile Road and Norfolk Avenue in the Northeast 1/4 of Section 4 from RUFA to P.S. be taken from the table. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver and seconded by Mrs. Fandrei, it was RESOLVED that, pursuant to a Public Hearing having been held on February 28, 1989 on Petition 89-1-1-1 by Renate Goettmann to rezone property lcoated on the west side of Farmington Road between Eight Mile Road and Norfolk Avenue in the Northeast 1/4 of Section 4 from RUFA to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 89-1-1-1 be approved for the following reasons: 1) That the proposed change of zoning will provide for uses that are compatible to and in harmony with the surrounding uses in the area. 2) That the proposed change of zoning is consistent with the developing character of the area. 3) That the proposed change of zoning is consistent with good land use policy of providing for a buffer or transition use between residential uses and more intensive land uses. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Sobolewski, Fandrei NAYS: Tent, McCann, Morrow, Engebretson, LaPine, Vyhnalek ABSENT: None Mr. Vyhnalek, Chairman, declared the motion failed for lack of support. 10622 On a motion duly made by Mr. LaPine and seconded by Mr. Morrow, it was #4-70-89 RESOLVED that, pursuant to a Public Hearing having been held on February 28, 1989 on Petition 89-1-1-1 by Renate Goettmann to rezone property located on the west side of Farmington Road between Eight Mile Road and Norfolk Avenue in the Northeast 1/4 of Section 4 from RUFA to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 89-1-1-1 be denied for the following reasons: 1) That the proposed change of zoning represents a further encroachment of non-residential zoning into a residential neighborhood. 2) That the proposed change of zoning is contrary to the Future Land Use Plan which recommends a medium density residential use for the area. 3) That the proposed change of zoning will tend to encourage similar requests for changes of zoning further south along Farmington Road. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, McCann, Morrow, Engebretson, LaPine, Vyhnalek NAYS: Kluver, Sobolewski, Fandrei ABSENT: None Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mrs. Fandrei and unanimously adopted, it was #4-71-89 RESOLVED that, Petition 89-1-1-3 by Boggio Associates, Inc. for Building Company of America requesting to rezone property located on the west side of Farmington Road south of Eight Mile Road in the Northeast 1/4 of Section 4 from RUFA to P.S. be taken from the table. 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 #4-72-89 RESOLVED that, pursuant to a Public Hearing having been held on April 4, 1989 on Petition 89-1-1-3 by Boggio Associates, Inc. for Building Company of America requesting to rezone property located on the west side of Farmington Road south of Eight Mile Road in the Northeast 1/4 of Section 4 from RUFA to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 89-1-1-3 be denied for the following reasons: 1) That the proposed change of zoning is inconsistent with the Future land Use Plan recommendation of medium density land use for the subject area. 10623 2) That the proposed change of zoning would represent a further intrusion of non-residential zoning into a residential area. 3) That the proposed change of zoning would be detrimental to the residential uses in the area. 4) That the proposed change of zoning will tend to encourage similar requests for changes of zoning further south along Farmington Road. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, McCann, Morrow, Engebretson, LaPine, Vyhnalek NAYS: Kluver, Sobolewski, Fandrei ABSENT: None Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mrs. Fandrei and unanimously adopted, it was #4-73-89 RESOLVED that, Petition 89-2-2-12 by Northridge Commons Associates requesting waiver use approval to construct and operate an Arby's Restaurant on property located on the south side of Eight Mile Road west of Farmington Road in the Northeast 1/4 of Section 4 be taken from the table. 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 #4-74-89 RESOLVED that, pursuant to a Public Hearing having been held on April 4, 1989 on Petition 89-2-2-12 by Northridge Commons Associates requesting waiver use approval to construct and operate an Arby's Restaurant on property located on the south side of Eight Mile Road west of Farmington Road in the Northeast 1/4 of Section 4, the City Planning Commission does hereby recommend to the City Council that Petition 89-2-2-12 be denied for the following reasons: 1) That the petitioner has failed to affirmatively show that the proposed use is in compliance with the general waiver use standards and requirements set forth in Section 19.06 of the Zoning Ordinance #543. 2) That the proposed use fails to comply with Section 18.38 of the Zoning Ordinance #543 with respect to the requirements for off-street parking. 10624 3) That the proposed use is contrary to the spirit and intent of the Zoning Ordinance which, among other things, is to promote and encourage a balanced and appropriate mix of uses and not oversaturate an area with similar type uses as is being proposed. 4) That the proposed use would be detrimental to and incompatible with the adjoining uses of the area. 5) That the location and size of the proposed use, and the lack of adequate parking will cause the use to be hazardous to persons going to and from the area since it will unduly conflict with the normal traffic in the adjacent shopping center. 6) That the proposed site plan is in violation of the previously approved site plan for Northridge Commons, which indicates the subject site of the proposed restaurant as a landscaped area only, and which was approved by City Council in Council Resolution 11299-88. 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. On a motion duly made by Mr. Kluver, seconded by Mr. Morrow and unanimously approved, it was #4-75-89 RESOLVED that, Petition 89-2-2-16 by Meadowdale Foods, Inc. requesting waiver use approval to utilize SDD and SDM licenses in conjunction with a new Great Scott Supermarket located within the Livonia Plaza Shopping Center on the south side of Five Mile Road between Bainbridge Avenue and Henry Ruff Road in the Northwest 1/4 of Section 23 be taken from the table. On a motion duly made by Mr. Kluver, seconded by Mr. Tent and unanimously adopted, it was #4-76-89 RESOLVED that, pursuant to a Public Hearing having been held on April 4, 1989 on Petition 89-2-2-16 by Meadowdale Foods, Inc. requesting waiver use approval to utilize SDD and SDM Licenses in conjunction with a new Great Scott Supermarket located within the Livonia Plaza Shopping Center on the south side of Five Mile Road between Bainbridge Avenue and Henry Ruff Road in the Northwest 1/4 of Section 23, said property being zoned C-2, the City Planning Commission does hereby recommend to the City Council that Petition 89-2-2-16 be approved for the SDM License for the following reasons: 1) That the subject site has the capacity to accomodate the SDM License use. 2) That all applicable waiver use standards and requirements set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543 are being complied with. 10625 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. And denied for the SDD License for the following reasons: 1) That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements set forth in Section 19.06 of the Zoning Ordinance #543. 2) That the surrounding area is currently well served with SDD licensed establishments. 3) That the proposed use would be detrimental to the adjacent 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. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Tent and unanimously adopted, it was #4-77-89 RESOLVED that, pursuant to a Public Hearing having been held on February 28, 1989 on Petition 89-1-3-1 by Truman A. Strong, D.D.S. to vacate a portion of a private easement for public utilities on property located on the southeast corner of Middlebelt Road and Grandon Avenue in the Southwest 1/4 of Section 36, the City Planning Commission does hereby recommend to the City Council that Petition 89-1-3-1 be approved for the following reasons: 1) That the subject easement is no longer needed to protect the public utilities since the petitioner has provided an alternate easement for the protection of Detroit Edison Company equipment. 2) That no City Department or public utility company objects to the proposed vacating of the subject easement. FURTHER RESOLVED that, notice of the above public hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Tent, seconded by Mr. Morrow and unanimously adopted, it was #4-78-89 RESOLVED that, 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 be taken from the table. 10626 Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow and seconded by Mr. Kluver, it was #4-79-89 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 recommend to the City Council that Preliminary Plat for Gill Orchards Subdivision be approved for the following reasons: 1) That the proposed Preliminary Plat is in compliance with the Zoning Ordinance and with the Subdivision Rules and Regulations. 2) That the proposed Preliminary Plat provides a reasonable and well designed solution to the development of the subject land area. 3) That no reporting City Department objects to the approval of this Preliminary Plat. subject to the following condition: 1) That during the time of construction of the proposed subdivision and the houses to be located on each and every lot in the subdivision, Northland Drive shall continue to be blocked off at the east property line of the proposed subdivision. 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Tent, McCann, Morrow, Sobolewski, Engebretson, Vyhnalek, Fandrei NAYS: LaPine ABSENT: None Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Tent, seconded by Mrs. Fandrei and unanimously adopted, it was #4-80-89 RESOLVED that, Revised Site Plans submitted in connection with Petition 87-11-2-53 by Ronald Parz for waiver use approval to construct a retail shopping center on property located on the north side of Plymouth Road between Middlebelt Road and Merriman Road in the Southeast 1/4 of Section 26 be taken from the table. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. 10627 On a motion duly made by Mr. Engebretson and seconded by Mr. Tent, it was #4-81-89 RESOLVED that Petition 87-11-2-53 by Ronald Parz for waiver use approval to construct a retail shopping center on property located on the north side of Plymouth Road between Middlebelt Road and Merriman Road in the Southeast 1/4 of Section 26 be tabled to allow the petitioner time to appeal to the Zoning Board of Appeals certain variances needed so as to comply with Zoning Ordinance requirements. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Tent, Morrow, Sobolewski, Engebretson, LaPine, Vyhnalek, Fandrei NAYS: McCann ABSENT: None Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Tent and unanimously adopted, it was #4-82-89 RESOLVED that, Preliminary Plat approval for Arbor Park View Subdivision proposed to be located on the south side of Ann Arbor Trail, east of Wayne Road in the Southwest 1/4 of Section 33 be taken from the table. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow, seconded by Mr. LaPine and unanimously adopted, it was #4-83-89 RESOLVED that, pursuant to a Public Hearing having been held on April 4, 1989 on Preliminary Plat approval for Arbor Park View Subdivision proposed to be located on the south side of Ann Arbor Trail, east of Wayne Road in the Southwest 1/4 of Section 33, the City Planning Commission does hereby recommend to the City Council that Preliminary Plat for Arbor Park View Subdivision be approved subject to the waiving of the open space requirement of the Subdivision Rules and Regulations and subject to the following additional condition: 1) That a landscape plan for the required greenbelt easements along Ann Arbor Trail and a plan for subdivision entrance markers shall be submitted for the Planning Commission's approval prior to the submittal of a Final Plat. for the following reasons: 1) That the proposed Preliminary Plat is in compliance with the Zoning Ordinance and with the Subdivision Rules and Regulations. 2) That the proposed Preliminary Plat represents a well designed solution to the development of the subject land area as well as to provide for the possible future development of adjacent land to the west. 3) That no City Department objects to the approval of this proposed Preliminary Plat. 10628 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. On a motion duly made by Mr. Tent, seconded by Mr. Engebretson and unanimously adopted, it was #4-84-89 RESOLVED that, the minutes of the 575th Regular Meeting & Public Hearings held by the City Planning Commission on March 20, 1989 are hereby approved. Mr. Vyhnalek, 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 #4-85-89 RESOLVED that the City Planning Commission does hereby approve Petition 89-3-8-12 by Frank DiMattia for approval of all plans required by Section 18.58 of Ordinance #543 in connection with a proposal to construct an addition to an existing retail sales building located on the south side of Six Mile Road between Inkster Road and Rougeway in the Northeast 1/4 of Section 13 subject to the following conditions: 1) That Site Plan #8901, Sheet 1 dated 3/16/89 prepared by Franco DiMattia, Architect, is hereby approved and shall be adhered to; 2) That Building Plan #8901, Sheet 3 dated 3/14/89 prepared by Franco DiMattia, Architect is hereby approved and shall be adhered to; 3) That a detailed landscape plan be submitted for Planning Commission approval within thirty (30) days; 4) That any window signs be limited to not more than 25% of the total glass area of each tenant space. 5) That this approval is predicated on the petitioner obtaining a front yard variance from the Zoning Board of Appeals. 6) That the color of the Monocuttura Tile shall conform to sample tile as submitted, Sherwin Williams Paint Chip 1046, Stately White. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow and seconded by Mr. LaPine, it was #4-86-89 RESOLVED that, the City Planning Commission does hereby approve Petition 89-3-8-13 by Martin Cohen for approval of all plans required by Section 18.58 of Ordinance #543 in connection with a proposal to remodel the 10629 front of an existing building (Burton Hollow Plaza) located on the northeast corner of Six Mile and Farmington Road in the Southwest 1/4 of Section 10 subject to the following conditions: 1) That Building Plan #2587 Sheets 1 & 2 prepared by J. Wolf Associates, Architects is hereby approved and shall be adhered to; 2) That Landscape Plan #2587 Sheet L-1 prepared by J. Wolf Associates, Architects is hereby approved and shall be adhered to; 3) That the rear of the shopping center also be painted to keep up the same spirit of remodeling that front of center will undergo; 4) That the protective screen wall shall be repaired; 5) That the parking lot shall be repaired and restripped; 6) That all of the foregoing conditions shall be fully complied with before the issuance of any further certificates of occupancy. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Tent, McCann, Morrow, Sobolewski, Engebretson, LaPine, Vyhnalek NAYS: Fandrei ABSENT: None Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Tent and unanimously adopted, it was #4-87-89 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 89-4-8-15 by the National Bank of Detroit for approval of all plans required by Section 18.47 of Ordinance #543 in connection with a proposal to construct a branch bank in Laurel Park located on the northwest corner of Newburgh and Six Mile in Section 7 be denied for the following reasons: 1) That the petitioner has failed to affirmatively show that the proposed use is in compliance with the general waiver use standards and requirements set forth in Section 19.06 of the Zoning Ordinance #543. 2) That the proposed site plan is in violation of the previously approved site plan for Laurel Park Place, which indicates the subject site of the proposed bank as a landscaped area only, and which was approved by City Council in Council Resolution #623-86. 3) That the proposed site plan is detrimental to and not in harmony with the adjacent Laurel Park Place Center. 10630 4) That the proposed site plan would cause the Laurel Park Place Development to be in violation of Section 19.06(j) of the Zoning Ordinance, which requires that 15% of the net site area be landscaped. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Tent and unanimously adopted, it was #4-88-89 RESOLVED that, the City Planning Commission does hereby table Petition 89-4-8-16 by William L. Roskelly for approval of all plans required by Section 18.58 of Ordinance #543 in connection with a proposal to construct an addition to Bingham Service Center located on the south side of Five Mile between Levan and Golfview in the Northeast 1/4 of Section 20 until April 25, 1989. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. LaPine, seconded by Mr. Kluver and unanimously adopted, it was #4-89-89 RESOLVED that, the City Planning Commission does hereby approve of the proposed brick size revision from the original 16"x8"x4" unit to a 16"x8"8x" unit for the Embassy Suites Hotel under construction in Victor Corporate Park located at Seven Mile and I-275 in Section 7. Mr. Vyhnalek, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 577th Regular Meeting held by the City Planning Commission on April 18, 1989 was adjourned at 8:40 p.m. CITY PLANNING COMMISSION James C. McCann, Secretary ATTEST: J .....00 Donald Vyhn4ek, Chairman jg