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HomeMy WebLinkAboutPLANNING MINUTES 1980-03-18 7251 MINUTES OF THE 388th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA d On Tuesday, March 18, 1980, the City Planning Commission of the City of Livonia held ii, its 388th Regular Meeting and Public Hearings, in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Jerome W. Zimmer, Vice-Chairman, called the Regular Meeting and Public Hearings to order at 8:10 p.m. , with approximately 325 interested people in the audience. Members Present: Jerome Zimmer Joseph Falk Donald Vyhnalek C. Russell Smith R.Lee Morrow Esther Friedrichs Herman Kluver Judith Scurto Members Absent: Daniel R. Andrew (Vacation) Messrs. John J. Nagy, City Planning Director; H G Shane„ Assistant City Planning Director; Ralph H. Bakewell, Planner IV; and Robert M. Feinberg, Assistant City Attorney were also present. Mr. Zimmer, Vice-Chairman then informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission only makes recommendation to the City Council, who in turn will then hold their own Public Hearing and decide the question. If a petition involves a waiver use request, and the petition is denied by the Planning Commission, the petitioner then has ten days in which to appeal for relief. Otherwise the petition is terminated. li; Mr. Falk, Secretary announced the first item on the agenda Petition 80-1-1-2 by the City Planning Commission on its own motion to rezone property located north of Seven Mile Road, east of Farmington Road in the South- west 1/4 of Section 3, from R-3A to P.L. Mr. Zimmer: Is there anyone in the audience wishing to speak on this item, there was no one and Mr. Zimmer,declared the public hearing closed on Petition 80-1-1-2. On a motion duly made by Mr. Smith, seconded by Mrs. Scurto and unanimously adopted, it was #3-71-80 RESOLVED that, pursuant to a Public Hearing having been held on March 18, 1980 on Petition 80-1-1-2 as submitted by the City Planning Commission to rezone property located north of Seven Mile Road, east of Farmington Road in the Southwest 1/4 of Section 3, from R-3A to P.L. , the City Planning Commission does hereby recommend to the City Council that Petition 80-1-1-2 be approved for the following reasons: (1) This change in zoning will reflect the proposed use of this property for public park and open space purposes. (2) The subject property is owned by the City of Livonia and the proposed zoning classification will reflect that ownership. IL 7252 FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, k; under date of 2/28/80 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Zimmer, Vice-Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda.is Petition 80-1-7-1 by the City Planning Commission to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, by deleting property located north of Seven Mile Road, east of Farmington Road in the Southwest 1/4 of Section 3. Mr. Zimmer: _ Is there anyone in the audience wishing to speak on this item. There was no one wishing to speak on this item and Mr. Zimmer declared the public hearing on Petition 80-1-7-1 closed. On a motion duly made by Mr. Morrow, seconded by Mr. Vynhalek and unanimously adopted, it was #3-72-80 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia, having duly held a public hearing on March 18, 1980 for the purpose of amending Part V of the Master Plan of the City of Livonia, entitled "The Master School and Park Plan", the same is hereby amended so as to delete property located north of Seven Mile Road, east of Farmington Road in the Southwest 1/4 of Section 3, for the following reasons: (1) The subject property is no longer required to serve this sector of the City for park and open space purposes. (2) The logical land use for this subject parcel is for residential purposes rather than for park and open space. (3) The subject lands can be used more advantageously in private ownership for expanding the City's housing stock rather than for recreation purposes. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of the Master School and Park Plan of the City of Livonia which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. 1 Mr. Zimmer.declared the above motion carried and the foregoing resolution adopted. 4 4 4 . ' Mr. Falk announced the next item on the agenda is Petition 80-1-7-2 by the City Planning Commission to amend Part V of the Master Plan of the City of (IL Livonia, the Master School and Park Plan, by incorporating property located north of Seven Mile Road, east of Farmington Road in the South- west 1/4 of Section 3. Mr, Zimmer: Is there anyone in the audience wishing to speak on this item. There was no one wishing to speak and Mr. Zimmer declared the Public Hearing on Petition 80-1-7-2 closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Vynhalek and unanimously adopted, it was #3-73-80 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia, having duly held a Public Hearing on March 18, 1980, for the purpose of amending Part V of the Master Plan of the City of Livonia entitled "The Master School and Park Plan", the same is hereby amended so as to incorporate property located north of Seven Mile Road, east of Farmington Road in the Southwest 1/4 of Section 3, for the following reasons: (1) The subject property has been acquired by the City of Livonia for use as park and open space. (2) This parcel of land is required to be preserved as park land in order to maintain a sufficient amount of park and open space to service this sector of the City. li; AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of the Master School and Park Plan of the City of Livonia which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. Mr. Zimmer declared the above motion carried and the foregoing resolution adopted. Mr. Falk, Secretary, announced the next item on the agenda is Rehearing of Petition 76-6-1-22 by the City Planning Commission as amended by Council Resolution #1010-76 to rezone property located on the north side of Joy Road between Inkster and Cardwell in the Southeast 1/4 of Section 36, from C-2 to R-1. Mr. Zimmer: Mr. Nagy, is there any correspondence on this matter. Mr. Nagy: We have a letter from Engineering stating there are no engineering problems. Roger Rakowski:I am with the Wilson acres Homeowners Association and we would request IL28932 Grandon that you table this matter until we see what is going to happen to the o property adjacent to this in the back. Barton Construction Co. is trying to get financing now and we would like to see if that complex will go ) in first before you take any action on this petition. 7254 Ed. Rowland: I would like to see it tabled for the same reason. 1 8885 Cardwell IL Bob Nichols: I own one of the parcels and my taxes are $1,500 on the house. 32242 Barkley The acreage is too narrow for commercial but I am not opposed to the commercial. I would like to see something done with the property. I can't sell it as commercial and you can't get financing from the bank to build a residence on commercial property. I would like to see it RUF so at least my taxes would go down. My accountant informed me that I am in the red about $300 to $400 on this property. I am losing money keeping it but at least if it had a residential zoning the taxes would go down and I would break even. Mr. Rakowski: Recently the locksmith had a stroke (Frank Strack) and his nephew is taking over his business. This is his only business and he would like to see it stay commercial. He has asked us to build him a building and he would give the property in the rear to the Archdiocese and he indicated he would have no objection to having the rear portion in a residential zoning classification. Mrs.Scurto: Can we table this? Mr. Nagy: It has been tabled since 1976. At the present time the City Council referred Barton Construction Co. petition to the Committee of the Whole. Mr. Rakowski: They were interested in the manner of financing whether it would be FHA or HUD, etc. 4 i Mr. Nagy: There was also question regarding site plan itself. Mr. Zimmer: Any further comments? There was no one else present wishing to be heard regarding this item. Mr. Zimmer, Vice-Chairman, declared the public hearing on this petition closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Morrow, it was #3-74-80 RESOLVED that, pursuant to a Public Hearing having been held on March 18, 1980 on Petition 76-6-1-22 as submitted by the City Planning Commission as amended by Council Resolution #1010-76 to rezone property located on the north side of Joy Road between Inkster and Cardwell in the Southeast 1/4 of Section 36, from C-2 to R-1, the City Planning Commission does hereby determine to table Petition 76-6-1-22. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Scurto, Falk, Morrow, Vynhalek, Zimmer NAYS: Smith ABSTAIN: Kluver ABSENT: Andrew t Mr. Zimmer, Vice-Chairman declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 80-2-1-6 by R. Mansur to rezone property located north of the I-96 Freeway, east of Middlebelt Road in the South 1/2 of Section 24, from R-1A to C-2 & P. 7255 Ron Mansur: We would like to rezone the rear 131 feet of the property and 29260 Frankiin Rd. utilize it for some commercial and the rest parking. We would Southfield, MI then put a concrete wall at the rear of our property rather than in front of the 131 feet. It would then conform to Mitch Housey's. Mr. Zimmer: Do you currently own the property? Mr. Mansur: No. I am a realtor representing the owner. Mr. Zimmer: Is there an interest on a contingency subject to rezoning? Mr. Mansur: Yes. Mr. Zimmer: Do you currently own the property where the red building is? Mr. Mansur: Yes. Mr. Zimmer: What is the nature of the building? Mr. Mansur: It houses Welcor Corporation. We would like the property rezoned so the wall is not so close to the building and dividing our property. Mr. Zimmer: Who owns property to the east along service drive where there is a proposed building illustrated? Mr. Mansur: Asa Wilson. At one time they owned the property that Welcor sits on. They sold to Welcor. Mr. Zimmer: Is there anyone in the audience that would like to speak for or against the petition? Raymond Amin: There are 72 of us asking you not to rezone this property. we don't Lot No. 34 want the parking there. There is too much noise from Mitch Housey's We knew when we bought our property it was going to be developed but not the residential property. Mr. Morrow: Has there been any movement by the homeowners to buy the property? Mr. Amin: No. Mrs. Scurto: Where are the walls now? Mr. Amin: There are no walls now. Only behind Mitch Houseys. Mrs. Scurto: If there was a wall put up there would be less chance of race track people cutting through to your lot. Chris Paroski: I live on Lot 64 and I am president of the homeowners association. 28347 Acacia Our subdivision has been in existence for a little over 2 1/2 years. The final house that was finished was a little over one year ago. Our taxes have been raised on the average of $1,450 to $2,000. This will affect the value of our homes. 7256 Mr. Zimmer: We have a piece of property that is landlocked. We have a property owner who seeks to use his property for something other than a vacant field. He would like to utilize it in a more meaningful way. It 41i6: would appear at least on the surface that the development would be from the commercial side. Does anyone have any idea how else you would utilize this property? We could move the parking over away from the residents and there are some alternatives other than walls that could be used. It is unrealistic to think that the property will be left unused. Mrs. Friedrichs: It would seem to me that a protective wall would afford you some more privacy, it would act as a sound barrier and it would lessen the crossing of foot traffic. If a wall was placed back a couple of feet with landscaping at the other side so you could have some greenery, would that be more acceptable to the people? Mr. Smith: Have you attempted at all to. meet with the homeowners group in the area or the association? Mr. Mansur: No. Mr. Smith: As stated previously there may be some alternatives to the wall. To assume that the property will remain landlocked for residential use is totally false.•There will have to be a compromise. There is probably merit for having a meeting which would include some of our planning staff, owners and residents. I would like to see the petition tabled. Mr. Falk: Could the property be used for residential? Mr. Nagy: Access would have to be through the commercial and the homes would have to face the back of the commercial buildings which would not make an ideal situation. Residential development would not comply with adopted residential development standards. It would not be feasible for single family residential development. Mr. Falk: Do they need this property now for parking. Mr. Nagy: Welcor's site plan fully complied with all C-2 requirements. Mr. Falk: I think if the parking was kept farther away and with some greenery it would be a very acceptable use of the property. Mr. Zimmer: Do you represent Welcor or the people that own the other property? Mr. Mansur: Both. Mr. Zimmer: Is there any willingness to modify any of this petition? Mr. Mansur: Yes. Walter Shapiro: The Wilson's own the easterly two lots. Basically, if the question Attorney for is parking for the race track this will help it instead of hurt it. Wilson's They would be better off having it the way we are requesting it with a wall or a substitute. I would request that we not table it. Joan Iovanicci: I was concerned that the property would have a building all they way Lot 28 to the back. 7257 Marilyn Hand: I am corporate secretary of Welcor. We moved into the building Bloomfield two weeks ago. We are going to put landscaping in the back of the Hills property. We don't plan on parking millions of cars there, especially (IL cars from the race track. We will restrict our lot for employee parking only, even if we have to chain it off when we are not open for business. Ms. Kietis: I have seen quite a few pheasants, mallard ducks there. Does anyone Lot 29 believe in the preservation of wildlife? Mr. Paroski: When Mr. Howard Binkow was going to develop property at the corner of Schoolcraft and Middlebelt he had the general courtesy to discuss what was going to happen to the property. I was not supplied any information from the petition. We would like to meet with these people. Mr. Zimmer: They are willing to do that. I would like to mention that walls are a requirement of the City. I think a meeting would be a logical solution so as to shed some light on how long the parking lot or how deep the parking lot will be and some alternatives to a wall. Mr. Shapiro: We have a time schedule to meet with our purchase agreement. Mrs. Scurto: I feel these residents are entitled to a tabling resolution. Purchase Agreements can be extended. Mr. Zimmer: Are there any further comments? There was no one else present wishing to be heard regarding this item. Mr. Zimmer declared the public hearing on Petition 80-2-1-6 closed. On a motion duly made by Mr. Smith, seconded by Mr. Falk, it was #3-75-80 RESOLVED that, pursuant to a Public Hearing having been held on March 18, 1980 on Petition 80-2-1-6 by R. Mansur requesting to rezone property located north of the I-96 Freeway, east of Middlebelt Road in the South 1/2 of Section 24, from R-lA to C-2 and P, the City Planning Commission does hereby recommend to the City Council that Petition 80-2-1-6 be tabled until the Study Meeting of April 8, 1980. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Smith, Scurto, Falk, Morrow, Vyhnalek NAYS: Zimmer ABSENT: Andrew Mr. Zimmer, Vice-Chairman declared the motion is carried and the foregoing resolution adopted. Mrs. Scurto: We would hope that the petitioner and residents would meet prior to this meeting of April 8th. Mr. Falk announced the next item on the agenda is Petition 80-2-1-7 by Better Living Seminars, Inc. , to rezone property located on the west side of Ashurst, north of Five Mile Road in the Southwest 1/4 of Section 16, from P.L. to P.S. Mr. Zimmer: Any correspondence on the matter? 7258 Mr. Nagy: We have letters dated March 3, 7, and 8 from area residents that are opposed to the petition. The letters are from Frank L. Kuran, Helen Felton, R. Pysik, J. O'Brien, and Edith Goodso. There are no engineering problems in connection with this proposal. Mr. Zimmer: Does Ashurst exist anywhere else in the subdivision? Mr. Nagy: No. Dr. A. Weaver: I know there are some misconceptions about our program. We are 49285 Ridge Court a non profit organization composed of doctors, dieticians that Northville, MI are volunteers who are interested in preventive medicine and rehabilitative care. We have put on programs for Cranbrook Ford Hospital, St. John's, Beaumont. We have put on programs at local high schools in which many smokers benefited. Mr. Zimmer: Do you have a practice in some area? Dr. Weaver: No. I am a cancer surgeon and am employed fulltime with Wayne State. Mr. Zimmer: You will be operating at cost? Dr. Weaver: Yes. Mr. Zimmer: You have a number of people committed by that same idea. Dr. Weaver: Yes. Mr. Zimmer: Is that a corporation. Dr. Weaver: We are a non profit tax deductible corporation. Mr. Zimmer: This will be your first venture of having real property of your own? Dr. Weaver: Yes. Mr. Zimmer: Can you give ms an example of something like this at some other site? Dr. Weaver: I don't know of any place in Michigan that has any place like this. There is something similar in California. Mr. Zimmer: Do you see medical doctors referring people to you? Dr. Weaver: That would probably happen with our cardiovascular rehabilitation program. Mr. Zimmer: Do you plan to modify anything on the exterior? Dr. Weaver: No. We plan to add some shower facilities inside. Mr. Zimmer: In terms of traffic do you expect the typical medical office traffic? Dr. Weaver: It is difficult to speculate about the traffic. I expect about 5 cars per hour the first year and that would increase to about 20 cars per hour at the end of the year. 7259 Mrs. Scurto: Do you have a Board of Directors? Ii00 Dr. Weaver: Yes. I Mrs. Scurto: I understand that you anticipate a 250 seat auditorium attached to Lincoln. Dr. Weaver: That is down the road. That is not a must. That is not in the immediate future. Mrs. Scurto: Will this be a seven day function? Dr. Weaver: No. Mrs. Scurto: Will your facility be vieing with the Livonia Family Y? Dr. Weaver: I think it would help the Y by increasing people's interest in their health. It will spill over and have a benificial effect. I don't think we are competitive. Mr. Zimmer: Why do you wish to locate in Livonia? Dr. Weaver: Livonia is a nice neighborhood with a class of people interested in their health. I have contacted a number of school districts and I came across the Lincoln School as being empty. Mr. Zimmer: Do we have any communication from the school board? 1 Mr. Nagy: Dr. Garver sent a letter to Planning Dept. in support of the use. Mr. Morrow: I was concerned about the increase of traffic. Would you draw any patients from your seminars? Primarily would your patients be from the City of Livonia? Dr. Weaver: Somebody might come over. My plan is to show that you can have a community oriented plan and receive the services that they are interested in. Mr. Morrow: Are the people at the seminars encouraged to come here? Dr. Weaver: No. From a practical point of view it would not be very practical. We encourage people to come in on their bikes. That is the preferred way. Mr. Kluver: I was impressed with your presentation. This type of P.S. zoning has a tremendous impact on this area. We have a problem that will be recurring over the years again and again with more schools and we will be facing this type of situation. Are you privately funded? Dr. Weaver: I have a number of friends that are businessmen that will be contributing. We will cover the purchase and the payments. t Mr. Smith: What will be your hours of operation 9 to 5. Dr. Weaver: We will be open in the evening, 9 to 9. Mr. Smith: The residents on Southampton can't see the school. To the north there are no houses but there would be a disastrous amount of traffic on Ashurst in my opinion. 7260 ' Mr. Falk: This would be very disruptive. This is also spot zoning. I don't think Dr. Garver should have supported this petition in any way shape or form. CIL Mr. Reynolds: Four years ago I attended Dr. Weaver's no smoke clinic at Stevenson. 16643 Whitby I had smoked for 25 years. His no smoke clinic was 80% effective. Other agencies charge $400 to $500 for this service. I must admit that it cost me about $5 to $10 as it was a charitable contribution. No other doctor spends his evenings going to various clinics. It is a great service none like it so far. Dr. Weaver will not let the building run down. The cost of,tearing .down the building would be too high. The building will rot before it is torn down. Dr. Weaver will teach you how to live so you don't have to go to a doctor. He teaches you how to look after yourselves. Mark Williams: I am familiar with the traffic pattern here. I live at the corner 34276 Coventry of Coventry and Ashurst. Once it is rezoned his promises are only promises. He can sell if it it does not work out. His dream is turning my dream into anightmare. The building has an obsolete energy design. He is attempting to buy for the price of $235,000. It could be resold for a much greater profit. Mrs. Scurto: Are you author of this piece of literature that was distributed. Mr. William: Yes. Mrs. Scurto: May I ask what the gun is for? I had some calls and people thought Dr. Weaver was proposing a gun range in his clinic. f Mr. Williams: I am in advertising and I was using graphics. That is the way I talk. Mr. Zimmer: The school was fed by buses. I believe that posed a greater traffic problem to the area residents. Mr. Wiley: There is no one to speak for the 200 members of the association and I am only speaking for myself. They are to speak individually. I am in education in the field of communication. I know schools are looking for people who are interested in using their facilities in the evenings. That might suit Dr. Weaver's needs. Mr. Kerchner: We were concerned that Dr. Weaver might be interested in opening 15333 Alpine up the school and exit onto to Alpine. Dr. Weaver: I had thought of that and thereby taking some traffic off Ashurst. Mr. Kerchner: I know that anyone interested in physiotherapy or in aerobic treatment would come on regular basis many times a week and for years. Livonia is also easily accessible to all people all over the metro area. Twenty cars per hour is an awful lot of traffic. I think this type of facility belongs on a main road and not in the middle of a subdivision. We have a lot of preschool children in the area and it would be very dangerous for them. I appreciate Dr. Weaver's work but I feel it is a bad location. s t Resident: I am a physical education teacher. I appreciate his philosophy. 15345 Surry: I also like to emphasize it. His heart is in the right place. Would the Doctor state in his writing that the facility would only be used for Livonia, Farmington, Redford, Northville, and Plymouth citizens? 7261 Dr. Weaver: I don't know if that is legal. We do not have a lowly type of people coming into the clinic. We have people who are interested in their health. (ill; Barry Good: Dr. Weaver's seminars attract a well educated class of people. The school is an eyesore. If it was in my neighborhood it would be beneficial to the neighborhood to be kept up. R. Staley: The letter from the school board should not have any weight here. 15990 South- They are trying to sell the building and they would support it. I ampton believe Dr. Weaver is very evasive and has other motives. This one doctor and dentist in your building will be the only non-profit doctor and dentist I know. You are getting cheap office space at the expense of the people in this community. If you were a used car salesman I wouldn't buy a car from you. The doctor hasn't told us anything about what he really plans to do with this building. Mr. Zimmer: How the property will be used we do not need to dwell on. At this point we don't require any of these plans. We merely look at whether P.S. is a suitable alternative to PL. Marvin Schneider: I am against the rezoning. I agree with all the speakers. I have to burst Dr. Weaver's bubble. I have a letter from Dr. Manor whose phone number I have here. He states that what Dr. Weaver is attempting can be accomplished in individual doctors' offices. Jerry Dowdy: I have attended the doctor's seminars for four years. I find them extremely valuable and something I could not get from a visit with my doctor. I feel they are important to Livonia and the community. t; Henry Hees: I am a bit surprised at the people here. I live right next door to the 34294 Lamoyne school and believe me at night you wouldn't believe what goes on there. This man has a good idea and I don't think the traffic is going to be as bad as you think. Forget about the emotion and try to be practical. Are we afraid of taking chances? What else could go 4n there? What do you want and what can you get. This could be a value to you. Paul Ericson: With all this excess area here we are afraid this might be developed 16020 Alpine into a park like the Edward Hines Park and have a similar situation they have there. Mr. Zimmer: That is all flood plain area and cannot be developed into a park. Michael Luckow, Jr. : Dr. Weaver said if the majority of the people were opposed 34237 Coventry he would withdraw from the proposal. We are opposed to it because of the traffic problems. Carl Gunderson: We supported the Mayor's proposal for senior citizens but it was decided that the proposal was not feasible. We are not closing our minds to a change but not this particular proposal. Mr. Winside: I would like to see the school torn down and residential homes there. Michael Puckett: It is a great idea but don't do it in our neighborhood. We like 15505 Norwich our life style, don't change it. Last year we met with the Mayor, Mr. Nagy and others and we unanimously approved senior citizens 7262 • apartments. Four drawings were shown and then we heard the plan was dumped because the apartments were too big. Nobody came back with smaller units. What happened? (iii:110 Jim O'Brien: I live next door to the school. . We are planning to move to Arizona. 15617 Ashurst My house is up for sale and I can't sell it because everyone that is interested in buying wants to know what they are going to do with the school. Mr. Harlan: People opposed the new use of Jackson School. Now there are no Kimberly Oaks problems. I am a personal friend of Dr. Weaver's. He has an un- blemished character. You will be getting a good program. All six of my family attend the seminars. You will profit a great deal. Harry Wright: I think this is spot zoning. If the property is rezoned to P.S. does 32251 Rayburn that allow commercial activity to take place on the property. Mr. Zimmer: No. Professional services only. John Swanson: According to the Wall Street Journal our American medicine system 47455 Canton is not a good care system. Dr. Weaver proposes something that all will benefit from. Robert Sullivan: I have a petition with 43 of my neighbors signatures, 42 of which 15589 Ashurst are against and 1 for. Paul Kiligoar: We don't want this changed to P.S. I oppose the rezoning because of 15455 Ashurst the increase of traffic. 1 Earl Seiman: I don't think you are looking at the traffic pattern realistically. The worse traffic around schools are created by parents. In past years Lincoln generated more traffic by parents at one time than this clinic ever will. Madison School was turned over to the State Police. Nancy Clark: I would like to have Dr. Weaver next door to me. This is a great opportunity. Elvin Cross: This would be an asset to the City of Livonia. Ed Malaslo: This will devalue our neighborhood. Tear down the building. Mr. Zimmer: Any further comments? There was no one else wishing to be heard regarding this item. Mr. Zimmer declared the hearing on Petition 80-2-1-7 closed. On a motion duly made by Mr. Smith, seconded by Mr. Kluver, it was #3-76-80 RESOLVED that, pursuant to a Public Hearing having been held on March 18, 1980 on Petition 80-2-1-7 as submitted by Better Living Seminars, Inc. requesting to rezone property located on the west side of Ashurst, north of Five Mile Road in the Southwest 1/4 of Section 16, from P.L. to P.S. , the City Planning Commission does hereby recommend to the City Council t that Petition 80-2-1-7 be denied for the following reasons: (1) The proposed change in zoning would not promote the orderly growth and development of the subject property in a compatible and harmonious relationship to the surrounding residential uses of the neighborhing area. 7263 (2) Traffic that would be generated as a result of the proposed change in zoning would be detrimental to the neighborhood and Ashurst Ave. which does not have the traffic carrying capacity to support the traffic that would be generated by the proposed use would be adversely effected. (3) The proposed change of zoning to the P.S. classification for the subject site area is of such location, being in an interior location well within a residential subdivision that the uses permitted by the change, the traffic generated by the uses, their hours of operation, the noise, lights and pedestrian flow associated there with are such that it would cause conflict and harm to the nearby established residentials uses of the neighboring area. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 2/28/80, and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the 'following: AYES: Kluver, Smith, Falk, Morrow, Vyhnalek, Zimmer NAYS: Scurto ABSTAIN: Friedrichs ABSENT: Andrew Mr. Zimmer declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 80-2-2-4 by Overseas Motors, Inc. , requesting waiver use approval to construct an additif:n to an existing building located on the northwest corner of Plymouth and Hubbard Roads in the Southwest 1/4 of Section 27. Mr. Zimmer: Is there any correspondence? Mr. Nagy: We have correspondence from Engineering stating there are no engineering problems. Wm. Ponder: I represent Overseas Motors, Inc. We would like to add on 40' to the west of the existing building to house a parts facility and some storage. We have acquired property on Hubbard behind Bill Brown's and that will be used to store automobiles. The Overseas Motors, Inc, has been in operation since 1962 and is a family corporation. Mr. Dembrowski is here to say a few words. Mr. Sam Dembrowski: I am one of the owners of the Overseas Motors, Inc. Our addition 33600 Cindy will be for a parts store, mainly for retail sales. We have acquired some franchise parte and we need a place to put the parts. The addition will have a separate entrance. The hours will be the same as the dealership. 4 Mr. Zimmer: Your current retail operation is selling cars and servicing. This would be additional traffic. Is there adequate parking? 7264 Mr. Nagy: He complies with the offstreet parking even with the proposed addition. (IL Mrs. Scurto: Is the landscaping as it was on the original proposal in 1962 or upgraded? Mr. Nagy: We have suggested additional landacaping. Mr. Dembrowski: The existing landscaping is as of three years ago. Mr. Bakewell: Last summer the landscaping was in good shape and healthy. We have prepared a plan for additional landscaping that the petition has. incorporated into his drawings. Mrs. Scurto: Do you use the two overhead doors? Mr. Dembrowski: The door in the center is the actual entrance. The other two are just doors that are part of the building. They cannot be used. The hoist is on an angle inside. The two westerly doors on the new portion only one is used. The outside one is not used at all. Mr. Zimmer: It appears there is parking in front of some of the doors. Mr. Nagy: That was looked at carefully by the Zoning Board of Appeals along with the building. They were satisfied that parking is not a problem. They do comply with offstreet parking and do not conflict with the traffic pattern as a result of the addition. Mrs. Scurto: Additional roof top units? li; Mr. Dembrowski: No. Mrs. Scurto: Do you own the land at the second westerly driveway? Mr. Dembrowski: No. Mrs. Scurto: The two trees on the westerly portion of your drawing really doesn't have anything to do with you? Mr. Dembrowski: No. • Mrs. Scurto: I feelthis is less than minimal landscaping. That and the parking bother me. I will not support the petition. Mr. Vyhnalek: Where is the trash container? Mr. Dembrowski: It is on the north lot. There is a steel container there. I will put a fence across there whether this is passed or not. Mrs. Scurto: There is listed a trash enclosed area that I cannot see. Mr. Nagy: That was a condition of the Zoning Board of Appeals in granting their variance that the trash container should be in a dumpster on the north- east lot and should be screened. j 4 Mrs. Scurto: Because of that we can vote on it. 1 Mr. Zimmer: Can we add a condition? ili Mr. Nagy: Yes, certainly. 7265 There was no one else wishing to be heard regarding this item. Mr. Zimmer declared the hearing on Petition 80-2-2-4 closed. On a motion duly made by Mr. Morrow, seconded by Mr. Vyhnalek, it was #3-77-80 RESOLVED that, pursuant to a Public Hearing having been held on March 18, 1980 on Petition 80-2-2-4 by Overseas Motors, Inc. , requesting waiver use approval to construct an addition to an existing building located on the northwest corner of Plymouth and Hubbard Roads in the Southwest 1/4 of Section 27, the City Planning Commission does hereby recommend to the City Council that Petition 80-2-2-4 }fie approved subject to the following conditions: (1) That Site Plan dated 3/14/80, as revised, prepared by Michael A. Boggio Associates, Architects, which is hereby approved shall be adhered to; (2) That the additional landscaping as illustrated on the approved Site Plan which is hereby approved shall be installed prior to issuance of a Certificate of Occupancy for the proposed building addition; (3) That Building Elevation Plan dated 3/14/80, as revised, prepared by Michael A. Boggio Associates, Architects, which is hereby approved shall be adhered to; (4) That there shall be no signage painted on the exterior surface of the east, west and north building elevations. (5) That the dumpster should be in the northerly parking lot and shall be screened. for the following reasons: (1) The proposal complies with all of the requirements of the Zoning Board of Appeals and with all of the special and general waiver use standards contained in Section 11.03 and 19.06 of the Zoning Ordinance. (2) The site has the capacity to support this minor building expansion. (3) The proposed use is fully compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED that, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Smith, Morrow, Vyhnalek NAYS: Scurto, Falk, Zimmer ABSENT: Andrew Mr. Zimmer, Vice-Chairman declared the motion is carried and the foregoing resolution 4 adopted. Mr. Falk announced the next item on the agenda is Louis Tomouski requesting waiver use approval to operate a restaurant within a shopping center under construction on the southwest corner of Middlebelt and Five Mile Roads in the Northeast 1/4 of Section 23. 7266 Mr. Nagy: There is no correspondence on this matter. Mr. Tomouski: I would like to open up a Coney Island. Iiiii0 Mr. Zimmer: Is this a lease? Mr. Tomouski: Yes. Mrs. Scurto: What about the air exchange? Will their be outside odors? Dan Kline: Mr. Tomouski is very cooperative and everything will be handled to yoursatisfaction. In our shopping center we will have a beauty shop, Shoe Town, Dimension (a very nice lady's clothing store) , cleaners, hewelry store, Hallmark card shop, drugstore, A & P, Ace and the American Savings backed out. All the tenants are aware of the Coney Island and everyone is satisfied. We will ask for no waiver signs. Air handling will meet all requirements. Mr. Smith: What about the trash? Mr. Kline: Each place will have a dumpster. I will have control on how they are to handle their trash. Mr. Smith: What about the screening on the roof and approval on trash enclosures? Mr. Nagy: That was covered in previous resolutions at the time the site plan for the center was approved. L Mr. Bartani: I live in the neighborhood and I love coney islands. There was no one else present wishing to be heard regarding this item. Mr. Zimmer declared the hearing on Petition 80-2-2-5 closed. On a motion duly made by Mr. Falk, seconded by Mr. Smith, and unanimously adopted, it was #3-78-80 RESOLVED that, pursuant to a Public Hearing having been held on May 18, 1980 on Petition 80-2-2-5 as submitted by Louis Tomouski requesting waiver use approval to operate a restaurant within a shopping center under construction on the southwest corner of Middlebelt and Five Mile Roads in the Northeast 1/4 of Section 23, the City Planning Commission does hereby recommend to the City Council that Petition 80-2-2-5 be approved subject to the following conditions: (1) That the number of customer seats shall be limited to forty-five as illustrated on the Floor Plan marked Job #1222, revised 1/8/80, prepared by Harry Altman & Sons which is hereby approved; (2) That any signs proposed to be placed on the exterior of the building shall comply with those previously approved under Petition 78-6-2-17; for the following reasons: i 7267 (1) The Shopping Center within which the restaurant is proposed li to be located has the capacity to support the use. ,/ (2) The location of the proposed restaurant as an integral part of the Shopping Center building group as opposed to a satellite location is consistent with good land use practices. (3) The nature of the proposed use, hours of operation and expected traffic generated will not be detrimental to the surrounding uses in the area. , (4) Such proposal complies with all applicable general and special standards of the Zoning Ordinance pertinent thereto. FURTHER RESOLVED that, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Zimmer declated the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Final Plat approval for Paragon Industrial Park proposed to be located on the east side of Newburgh Road between the I-96 Freeway and the C&O Railway in Section 29. On a motion duly made by Mr. Morrow, seconded by Mr. Vyhnalek, and unanimously adopted, it was li; #3-79-80 RESOLVED that, the City Planning Commission does hereby approve the Final Plat for Paragon Industrial Park proposed to be located on the east side of Newburgh Road between the I-96 and the C&O Railway in Section 29, for the following reasons: (1) All of the financial obligations imposed upon the proprietor by the City have been complied with. (2) The Division of Engineering recommends approval. (3) The Final Plat is drawn in full compliance with the previously approved preliminary plat. with the following reasons: (1) That the Mayor and City Clerk be authorized to sign the final plat as co-proprietor under the provisions of Section 560.144(29) of Public Act 288. Mr. Zimmer, Vice-Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Friedrichs, seconded by Mr. Morrow, and unanimously adopted it was ti #3-80-80 RESOLVED that, the City Planning Commission, pursuant to Section 23.01(b) of Ordinance #543, the Zoning Ordinance of City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to rezone property located on the west side of Farmington Road, north of Seven Mile in Section 4; from C-2 and RUF to P.S. 7268 li; FURTHER RESOLVED that, notice of such hearing be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report and recommendation submitted to the City Council. On a motion duly made by Mrs. Scurto, seconded by Mr. Smith, it was #3-81-80 RESOLVED that, the minutes of the 386th Regular Meeting and Public Hearings held by the City Planning Commission on February 19, 1980, be approved. . A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Smith, Zimmer, Scurto, Falk, Vhynalek NAYS: None ABSTAIN: Morrow ABSENT: Andrew Mr. Zimmer, Vice-Chairman declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow, seconded by Mrs. Scurto, and unanimously adopted, it was #3-82-80 RESOLVED that, the minutes of the 387th Regular Meeting held by the City Planning Commission on March 8, 1980, be approved. Mr. Zimmer, Vice=Chairman declared the motion is carried and the foregoing resolution i adopted. On a motion duly made by Mr. Smith, seconded by Mr. Falk, and unanimously adopted, it was #3-83-80 RESOLVED that, pursuant to a letter dated March 7, 1980 from the Economic Development Corporation of Livonia, the City Planning Commission does hereby recommend to the City Council that the designation of property located on the north side of Six Mile Road, west of Newburgh Road, in the Southeast 1/4 of Section 7 be approved as the Project Area, as defined by Section 8 of Act 338, Public Acts of 1974, for Jacobson's in connection with a proposal to construct thereon a retail sales facility. Mr. Zimmer, Vice-Chairman declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto, seconded by Mr. Falk, and unanimously adopted, it was #3-84-80 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, the City Planning Commission does hereby recommend to the City Council- that Petition 79-10-8-31 by Topeka Inn Management, Inc. requesting approval ti'l of all plans required by Section 18.47 submitted in connection with a proposal to construct a Holiday Inn Motel and Restaurant and Lounge on the north side of Six Mile Road, between Newburgh Road and 1-275 Freeway in the Southeast 1/4 of Section 7, be approved subject to the following conditions: 7269 (1) That the Landscape Plan as shown on Sheet L-1, dated 2/19/80, and the Landscape Details as shown on Sheets L-2 and L-3, dated 2/19/80, prepared by Hood-Rich, Architects and Engineers, which are hereby approved shall be adhered to; (2) That all landscape materials including a complete sprinkler system as shown on the approved Landscape Plan shall be installed on the site before issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition. Mr. Zimmer declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 80-2-8-8 by Mid-Seven Land Company requesting approval of all plans required by Section 18.47 of Ordinance #543, as amended by Ordinance #990, submitted in connection with a proposal to remodel an existing building located on the southwest corner of Seven Mile and Middlebelt Roads in Section 11. Mr. Nagy: A masonary wall currently exists that separates this site from Wickes. We suggest that the first 40 feet be moved south from Seven Mile. This line up with the established building line. Also a wing wall 6 feet in height 8 feet long to screen the dumpster would be needed. There will be elimination of signs painted on the west wall. They are also to remove existing signs and move the signs and replace same with one new free standing sign. At this time there is no recommendation to improve parking lot layout. Rep. for Mid-Seven: I do not wish to tear down that wall. As far as screening the dumpster with brick I have seen too many knocked down. I would like wood. 1110 Mr. Nagy: A steel pole could be placed in front of the dumpster thereby eliminating the problem of a truck hitting the screening. Mrs. Scurto: You met with the Planning Department this past week and these things were not agreed upon at that meeting. Petitioner: No. We did not agree. Mrs. Scurto: I would like to offer a tabling motion. Petitioner: I would not like that. We are running out of time. I think we have gone overboard with making changes. We have added columns, 100 feet of canopy, and compromised with the landscaping. We are trying to upgrade and our cash flow at the present time is not great. In the future we hope to do more. I will have to agree with those additional conditions. There was no one else present wishing to be heard regarding this item. Mr. Zimmer declared the hearing on Petition 80-2-8-8 closed. On a motion duly made by Mrs. Scurto, seconded by Mrs. Friedrichs, and unanimously adopted, it was 1 7270 #3-85-80 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, the City Planning Commission does hereby recommend to the City Council that (1:11:0 Petition 80-2-8-8 by Mid-Seven Land Company requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to remodel an existing building located on the southwest corner of Seven Mile and Middlebelt Roads in Section 11, be approved subject to the following conditions: (1) That the building canopy renovation as shown on Plan 79-142, Sheet 1, prepared by Alexander V. Bogaerts and Associates, which is hereby approved shall be adhered to; (2) That the free-standing sign as shown on Building Elevation Plan 79-142 which is hereby approved shall replace all existing free- standing signs; (3) That the tenant identification signs on the north wall shall be limited to individual letters under the canopy; (4) That all existing signage on the west wall (rear) of the building shall be permanently removed and that any future signage on the west wall is prohibited; (5) That the first two sections (approximately the north 40') of the masonry screen wall on the west property line shall be removed; (6) That a masonry screen wall of 6' in height, 8' long, shall be added to the north building line heading west to screen the outdoor trash containers; and (7) That a comprehensive site plan showing landscaping and other area improvements shall be submitted for Planning Commission approval within a 90 day time period. Mr. Zimmer, Vice-Chairman declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto, seconded by Mr. Kluver, and unanimously adopted, it was #3-86-80 RESOLVED that, pursuant to a letter dated 3/17/80 from Wynne Garlow and Peter Zurek requesting an extension of Petition 78-8-2-23 as submitted by Wynne Garlow and Peter Zurek requesting waiver use approval to operate a restaurant within an existing structure located in the Livonia Mall Shopping Center at the northwest corner of Middlebelt and Seven Mile Roads in Section 2, the City Planning Commission does hereby recommend to the City Council that an extension be granted for a period of one year from the date of this resolution subject to all conditions set forth in the approving Resolution #11-226-78, adopted by the City Planning Commission on November 14, 1978. Mr. Zimmer, Vice-Chairman declared the motion is carried and the foregoing resolution adopted. i . On a motion duly made by Mr. Kluver, seconded by Mr. Morrow, and unanimously adopted, it was 7271 #3-87-80 RESOLVED that, pursuant to a letter dated 3/17/80 from Wynne Garlow & Peter Zurek requesting an extension of Petition 78-8-2-24 as submitted CIL by Wynne Garlow and Peter Zurek requesting waiver use approval to establish a Class C Liquor Licensed operation within an existing building located in the Livonia Mall Shopping Center at the northwest corner of Middlebelt and Seven Mile Roads in Section 2,_ the City Planning Commission does hereby recommend to the City Council that an extension be granted for a period of one year from the date of this resolution. Mr. Zimmer, Vice-Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 388th Regular Meeting and Public Hearing held by the City Planning Commission on March 18, 1980 was adjourned at 12:26 a.m. CITY PLANNING COMMISSION Jo -ph J/ Fa Sec Vary ATTEST: / i Al � rome Zi '1', Vice- airman