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HomeMy WebLinkAboutPLANNING MINUTES 1980-10-21 /4L1') MINUTES OF THE 400th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 21, 1980, the City Planning Commission of the City of Livonia, held its 400th Regular Meeting and Public Hearings in the Livonia City all, 33001 Civic Center Drive, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman called the Regular Meeting and Public He rings to order at 8:05 p.m., with approximately 50 interested people in the audi nce. MEMBERS PRESENT: Jerome Zimmer Joseph Falk Donald Vyhnalek C. Russell Smith R. Lee Morrow Daniel R. Andrew Herman Kluver Sue Sobolewski MEMBERS ABSENT: Judith Scurto Messrs. John J. Nagy, City Planning Director; H G Shane, Assistant Planning Director; and Ralph H. Bakewell, Planner IV, were also present. Mr. Andrew then 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 then hold their own Public Hearings 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. We have several vacating petitions tonight. Unless there is a negative vote on them there will be no hearing at the Council level. Mr. Falk, Secretary, announced the first item on the agenda is Petition 80-8-1-26 by the City Planning Commission to rezone property located on the south side of Five Mile Road between Farmington Road and Yale in Section 21, from R-2 to AG. Mr. Andrew: Is there any correspondence on this matter?' Mr. Shane: We have correspondence from Engineering stating that there are no engineering problems involved in this petition. Mr. Andrew: The petition here has been as a result of a motion by the City Planning Commission. Under the old ordinance, Ordinance #60, this use was permitted under R-2. Under the new ordinance, Ordinance #543, cemeteries are permitted under AG as a waiver use. This use is not permitted in R-2. Would anyone care to speak? Mrs. Lloyds: 34205 Five Mile We were founded in 1926 under the Rural Cemetery Acts by the. State of Michigan. Livonia was nonexistent then. We were Plymouth Township. We were zoned AG under the Rural Act No. 12 of 1869. Then the City changed AG zoning around 1950 to R-2. Now you are changing it back to what it was originally. In other words I have to pay $300.00 to have it put back to what it originally was. Mr. Andrew: You will not be charged the $300.00 fee. 7427 Mr. Shane: I would like to point out that whatever the AG allowed back then was not necessarily the same AG district you will be now. Back when the cemetery was founded there were very few zoning ordinances if any. Since then cities have adopted Several zoning ordinances as time went on. With Ordinance #60 1 cemeteries were assigned to one classification. With Ordinance #543 they are assigned to another classification. David Phipps: I have no objection to this. 2929 Steiner Monroe, MI 48161 Richard Fret: Is this rezoning confined strictly to the cemetery? 34414 Middleboro Livonia, MI Mr. Andrew: Yes, only cemetery property. There was no one else present wishing to be heard regard this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mr. Zimmer, seconded by Mr. Morrow, and unanimously adopted, it was #10-241-80 RESOLVED that, pursuant to a Public Hearing having been held on October 21, 1980 on Petition 80-8-1-26 by the City Planning Commission requesting to rezone property located on the south side of Five Mile Road between Farmington Road and Yale in Section 21, from R-2 to AG, the City Planning Commission does hereby recommend to the City Council that Petition 80-8-1-26 be approved for the following reasons: (1) The subject cemetery is presently a nonconforming use within its present zoning classification of R-2, single family residential. (2) This proposed rezoning will provide a zoning classification commensurate with the established use of the subject lands. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/6/80 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. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk, announced the next item on the agenda is Petition 80-3-2-8 by Roy I. Albert requesting waiver use approval to construct an addition to the existing Armenian Home for the Aged located on the west side of Middlebelt Road, south of Wentworth Avenue in the Southeast 1/4 of Section 14. d Mr. Andrew: Any correspondence on this matter? , le 7428 fol; Mr. Shane: We have a letter from Gary Clark, Engineering, We have a letter from Mr. Kerby, Bureau of Inspection. We have a letter from Ted Kovarik, Fire Department. We have a letter from Lt. Widmaier, Traffic Dept., Division of Police, Dept. of Public IL; Safety. • Mr. Roy Albert: We are ready to go. The job is bidded out. Mr. Andrew: The west, north and south elevations are brick to match the existing exterior. Mr. Albert: Yes. Mr. Andrew: The extention of fire protection stated in the correspondence is he speaking of the inside or outside? Mr. Albert: Inside. Mr. Andrew: Are there any comments? There was no one else present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. • On a motion duly made by Mr. Morrow, seconded by Mr. Smith and unanimously adopted, it was #10-242-80 RESOLVED that, pursuant to a Public Hearing having been held on October 21, 1980 on Petition 80-3-2-8 by Roy I. Albert requesting waiver use approval to construct an addition to the existing Armenian Home for the '"Aged located on the west side of Middlebelt Road, south of Wentworth in the Southeast 1/4 of Section 14, the City Planning Commission does hereby recommend to the City Council that Petition 80-3-2-8 be approved subject to the following condition: (1) That the Site and Building Elevation Plan dated 3/18/80, as revised prepared by Roy Albert, Architects & Associates, which is hereby approved shall be adhered to. for the following reasons: (1) The subject site has the capacity to accommodate the proposed building expansion. (2) The proposal complies with all applicable special and general standards of the Zoning Ordinance contained in Section 9.03 and 19.06 thereof. (3) The proposed waiver use expansion is compatible to the existing building, will expand the capacity of the Armenian Home for the Aged to serve the needs of the elderly and will not be detrimental to the surrounding neighborhood. 7429 FURTHER RESOLVED that, notice of the above Public Hearing was sent 1:: to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution ILO adopted. Mr. Falk, Secretary, announced the next item on the agenda is Petition 8 -9-2-22 by Macati Investment Company requesting waiver use approval to enlarge the existing restaurant building located on the south ride of Plymouth Road, west of Farmington Road in the Northeast 1/4 of Section 33. Joe Bruhn: We propose to build to the west. The addition will be Macati Investment Co. 20' x 50' and approximately 1,000 sq. ft. It will seat 33427 Plymouth Rd. less than 30 people. That will bring the seating capacity Livonia, MI to 140 people. At the same time we would be reducing the drive-in area. The Speakers will be removed. Mr. Andrew: Speakers will be removed in the rear at the west side. Mr. Bruhn: Yes. Mr. Vyhnalek: You are removing stalls from just west side, 12 of them. Mr. Bruhn: Yes. Thirty-one will be left. Mr. Zimmer: As to the frontage along Plymouth Road with regard to closing off this area, customers will be unable to move east and west on your property. Mr. Bruhn: Yes. A new greenbelt will be extended between entrances. irri: Mr. Zimmer: Suitably curbed? Mr. Bruhn: Yes. Mr. Vyhnalek: As to the dumpster, there is just one? Mr. Bruhn: There are two. Mr. Vyjnalek: You will have a six foot high fence with two gates. Mr. Bruhn: Yes, there will be two dumpsters in there. Mr. Vyjnalek: Will the gates be closed? Mr. Bruhn: Yes. Mrs. Sobolewski: Do you plan to have a more detailed landscape plan in front? Mr. Bruhn: We did not want to lose the effect of our A-shaped building and the lighting. We do not want to block that view. Mrs. Sobolewski: I can understand that. I would be interested in seeing what kind 41 tie of low profile plantings would be used. If gravel, stone, grass or chips are going to go in and where. Mr. Bruhn: We plan a combination of grass and stone and low shrubs along the sidewalk. 7430 • Mrs. Sobolewski: What about coverage of the air conditioning units? C: Mr. Bruhn: Because of the A-shaped building covering would take away from IL the building. It is not visible from the front. Mrs. Sobolewski: They can be seen from the front. I drive through that area often. Any screening certainly would not take away from the wa - it looks now. Mr. Bruhn: I am sure we could get some type of screening. Mrs. Sobolewski: You could work with Planning. Mr. Andrew: We have adopted a landscape plan for properties on Plymouth Road. We would be happy to furnish you with a copy of that. Your landscape treatment on the front would comply with that. That plan calls for some type of trees I am sure. As one Commissioner I will be looking along that line. Mr. Vyhnalek: Are you planning to keep up the landscaping after you have invested the money? At times I have seen weeds taking over at the present location. Mr. Bruhn: We have an individual that works for us, a maintenance man. We have a sprinkler system. It is always trimmed. Mr. Smith: I am pleased with the front of the restaurant. I like the A-shape t: and the stone. I do have some problems with the air handling equipment on the side. The property to the south will be developed in the future and those people will be forced to look at this equipment. Do you own the strip of land that goes to Farmington Road. Mr. Bruhn: The easement, yes. Mr. Smith: The upkeep of the canopy and speaker system does concern me. That is part of your restaurant. I have been back there twice in the last week. I would hope some attention would be given to the dumpster and closing the gates. The Planning Commission seeks out past history. This is a responsibility of the managers to keep up these things. I think this should be tabled until a more detailed landscape plan is submitted. Possibly in the back some grass could be put along that driveway. Mr. Bruhn: We just sold some property. It will be developed relatively soon. We gave them rights to use the easement. If we spend some money back there now I am sure it would be torn up. Mr. Smith: Perhaps we could put a condition of time. Mr. Andrew: You sold what property. Mr. Bruhn:t The RUF. Mr. Smith: I think you should do something about the air handling equipment. I think the strip in the back could stand some care. 7431 Mr. Bruhn: The trees back there are fast growing. We can trim those trees. (00 Mr. Smith: It is hard to recognize them as trees sometimes. IL, Mrs. Sobolewski: You are going to have a six foot high fence with gates around the dumpster. What kind of screening do you propose? Mr. Bruhn: Cyclone fence with webbing. Mrs. Sobolewski: Is there any other type of fencing you could use. Th webbing is torn out, ripped out. What about brick or redwood? Mr. Bruhn: Redwood is not strong. Brick gets knocked down. I will go along with your thoughts as to the webbing. is Mrs. Sobolewski: After a few years the webbing/gone. You are back where you started. I think you should be a little more stringent on what you use to cover that area so the dumpster is not as unsightly as it is now. Mr. Falk: The gentleman has listened to us. He cannot answer these questions to night. He is trying to cooperate with us. I notice some cost factors we are throwing out here. I go along with Mr. Smith's recommendation for tabling. Is that agreeable with you' Mr. Bruhn: We are pressed for time. I did not want it to be tabled. If • we can do it on a conditional basis I would prefer that. Mr. Smith: I am sure there is a lot of preliminary work you can do. toe Mr. Andrew: I would like to see those parking spaces on the northwest corner of your site eliminated. They create a traffic hazard when customers back out of their site. Mr. Bruhn: That would not create a problem. Mr. Andrew: You could reverse the movement. Put two parallels in there. Anyone in the audience care to comment? Mr. Zimmer: I feel the site plan should identify the land area that the petitioner owns and stated whether it is asphalt, building, gravel, overgrown jungle, etc. site plan is not complete as it does not show what some of the land area is. I feel some language should be used on the land to Farmington Road. To the best of my knowledge we have no site plan on the R-7 development. Mr. Shane: That is correct. Mr. Smith: We do not know if that driveway will be a major driveway for the R-7 driveway. Mr. Zimmer: The plan does not show the road or driveway all the way to Farmington Road. Mr. Shane: The cross hatched area the legal description does not include that. Mr. Andrew: Petitioner can communciate with planning staff sometime this week. They can give you the input relative to our comments. The chair will schedule a special meeting to act on this next week but if we don't get things ironed out we might not act on this. 7432 There was no one else present wishing to be heard regarding this petition. Mr. Andrew, .Chairman, declared the public hearing onthis item closed. 1[10 On a motion duly made by Mr. Smith, seconded by Mr. Falk, and unanimously adopted, it was #10-243-80 RESOLVED that, pursuant to a Public Hearing having been held on October 21, 1980 on Petition 80-9-2-22 by Macati Investment Company requesting waiver use approval to enlarge the existing restaurant building located on the south side of Plymouth Road, west of Farmington Road in the Northeast 1/4 of Section 33, the City Planning Commission does hereby determine to table Petition 80-9-2-22 until the Study Meeting to be conducted on October 28, 1980. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 80-9-2-24 by Anthony C. Rea requesting waiver use approval to convert an existing gas station located on the northeast corner of Wayne Road and Ann Arbor Trail in the Southwest 1/4 of Section 33, to a fast oil and lubrication center. Mr. Shane: We have a letter from the Assistant City Engineer stating there are no problems in connection with this proposal. We have a letter from William G. Sutherland, Director of Transportation, Wayne County Road Commission. Mr. Andrew: The driveways shown are existing? Mr. Shane: Yes, they are. Mr. Andrew: Wayne County Road Commission would not be involved in curbcuts. Mr. Shane: If a driveway is closed there is a permit from the county required. Anthony Rea: The shaded area shows future development. The area to the 24335 Fairmount extreme corner shows the waiver use I am applying for this evening. Dearborn, MI Two driveways closest to the corners will be closed. The two other driveways are existing. Mr. Andrew: Are you talking about the driveways at Wayne and Ann Arbor Trail? Mr. Rea: Yes, the closest one to the intersection. • Mr. Andrew: Are you the owner of the property? Mr. Rea: Yes. Mr. Andrew: Are you aware of the three feet of right-of-way the County mentioned they would need? Mr. Rea: That is new to me. I do not think there will be a problem. Mr. Andrew: That is just along Wayne Road? t Mr. Shane: Yes. 7433 Mr. Shane: Yes. Mr. Andrew: Will there be any physical change to the existing gas station building. Mr. Rea: Yes. The west elevation shows Phase I. I own another building We completely removed all identification. We have had I raise from the Dearborn mayor. It is on Telegraph two blocksnorth of Cherry Hill. I plan to do the same thing here as at t t location. 1; We used reclaimed brick on the office area. We will us bronze windows The overhang will be similar to the bank. Mr. Andrew: The brick will be red and white. Mr. Rea: Yes. Mr. Andrew: If we went by your other location it would be identical to what you are proposing. Mr. Rea: Except for the color of the overhang it would be the same. We used white on Telegraph. We probably will use brown here. Mr. Andrew: Are there to be interior changes? Mr. Rea: Yes. We will upgrade office section, tear out windows and put in narrown windows, and other modifications needed for this operation. Mr. Andrew: How long have you been at the other location? Mr. Rea: Started remodeling in January and opened in June. Mr. Andrew: While the car is being serviced the customer waits in the office. Mr. Rea: I will let Mr. Sowers from the other location answer that. • Bob Sowers: This is a ten minute operation. The customer waits in the car. Garden City They enter front of building. We have no hoists. They remain in the car for as little as five, seven or eight minutes. We do not want them walking around for obvious insurance reasons. We have pits instead of hoists. Mr. Vyhnalek: This is only lube and oil change. No repair. Mr. Sowers: Correct. Mr. Morrow: Do you have cars back up through the day? Mr. Rea: No. Mr. Zimmer: What does happen if it is Saturday morning and twelve people arrive at the same time? Mr. Rea: They don't wait. They come back. Occasionally but not very often we stack them along the side of the operation. Because of the speed of the operation we don't incur that problem very often. Mr. Falk: How many customers are serviced a day? 7434 MR. Sowers: On Saturday our busy time is between 11 a.m. and 3 p.m. and the most we have are 6 to 8 cars. We are at the corner in Dearborn and they can wrap around the building. Mr. Vyhnalek: The remaining portion is that going to be left as it is: ILO Mr. Rea: That is my intention. Mrs. Sobolewski: What are your hours of operation? Mr. Rea: 8 a.m. to 6 p.m. six days a week. Mrs. Sobolewski: Do you have trash or oil containers? Mr. Sowers: We do not have much trash. Our products come in boxes which can be crushed. The oil is stored underground in tanks. It is dispensed by tank. The old oil is stored in bulk tanks. It is sold and is sucked out of the tanks. The old oil is recycled and sold again for heating oil, or motor oil. There is a big demand for waste oil. Mrs. Sobolewski: Where is the dumpster for the boxes and how will it be screened? Mr. Rea: Currently there is a dumpster with a masonry wall that is damaged. I could repair that area of the dumpster location. In the future I would like to use the same material as the building. Irr6: L. Paliszewski: Currently there is a greenbelt that surrounds the gas station 9023 Laurel between residential and business, will it remain? Livonia Mr. Andrew: Under this petition yes. The only matter we are considering this evening is the renovation to the existing gas station. Mr. Paliszewski: I thought someone mentioned another area being. developed. Mr. Andrew: The area which is shaded indicates some future development which would encompass C-1 which abuts your property. That is not the question before us tonight. A new petition for that would have to be filed. Mr. Zimmer: How do we arrive at parking requirement? Mr. Shane: Two for each particular work area where the car can be serviced plus office and number of employees. Mr. Zimmer: Is your parking plan here a part of a consideration of what you are going to do in the future? Mr. Rea: The lot is totally paved. Mr. Zimmer: I was concerned about the parking on the corner. Mr. Rea: It is not necessary at this point. • (ole Mr. Zimmer: I would like to see some of the parking eliminated. Mr. Rea: Some of the asphalt has to come out. Essentially there is no problem removing some parking. 7435 Mr. Zimmer: I would like not to show them as parking spaces at this point, ILO or at least a minimum number then this. Mr. Rea: When the building is closed at night the parking lot is empty. IL; Mr. Andrew: Have the gasoline and oil tanks been removed? Mr. Rea: Yes. Mr. Andrew: Where do you intend to put the tank for dirty oil? Mr. Rea: It would depend on whether we decide to change the heating system in the building. The new oil is stored in storage area in a bulk tank. The waste oil tank may still be underground. The oil tank is not of any consequence or danger just gasoline. If we abandon oil furnace we will use storage tank for waste oil. Mr. Andrew: There will be no removal of concrete to bury the tank. Mr. Rea: Yes, to bury waste oil tank if there is not one there now. Mr. Andrew: When do you know that? Mr. Rea: I have to go out and explore. All the gas tanks have been removed The only tank we will probably have to put in is a waste oil tank. Mr. Andrew: Will you know by next Tuesday? a Mr. Rea: No, when I get/permit to proceed with the work. There was no one else present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mr. Zimmer, seconded by Mr. Vyhnalek, it was RESOLVED that, pursuant to a Public Hearing having been held on October 21, 1980 on Petition 80-9-2-24 as submitted by Anthony C. Rea, requesting waiver use approval to convert an existing gas station located on the northeast corner of Wayne Road and Ann Arbor Trail in the Southwest 1/4 of Section 33, to a fast oil and lubrication center, the City Planning Commission does hereby recommend to the City Council that Petition 80-9-2-24 be approved subject to the following conditions: (1) That the dumpster area be reconstructed and so shown on the plan and the masonry wall reconstructed suitable to shield the dumpster. (2) That only the minimal number of parking spaces be shown on the plan. (3) If excavation is required for underground storage that they come back to us for our examination or approval. (4) That a landscape plan be required. Mr. Vyhnalek: Is it possible to see if the pipes are there? 4 7436 Mr. Rea: I have already looked. It seemed like everything was pulled. The tank will probably go to the rear of the building next to the fuel oil tank. Mr. Andrew: With the possibility of development of phase II and III it would seem to me to be essential to know if and where I was going to locate the tanks. The location of the tank might be a truck access. How would you reinforce the pavement over the tank? Mr. Rea: No problem. Mr. Zimmer: It may be in the wrong place ultimately. Mr. Smith: I have extreme difficulty voting approval for this petition although I realize we are speaking only of fast oil and lube change on this site. Somehow I am endorsing phase II and III of this large commercial development. We spent a lot of time with the new development across the street. Somehow I feel this will not be compatible with the neighbors and the bank across the street. I can see a pizza place, convenience store and an oil and grease type business all on one corner. It seems to me that the site is entirely overbuilt if I look at it down the road as phase II and III. For that reason I will vote disapproval for fear of my endorsing some greater plan. • Mr. Morrow: I feel we should have a more meaningful landscape plan on file. Mr. Andrew: At this point of time does the city or petitioner know the minimal number of parking spaces? Mr. Shane: How many employees? Mr. Rea: Three. Mr. Shane: They would need four for the bays, one for the office and one for each employee bringing the total to eight. Mr. Andrew: Four spaces could be removed. Mr. Shane: Probably the two closet to each driveway could be removed and landscaping be put in the area. Mr. Andrew: I would like to pass the gavel to Vice -Chairman Zimmer. On a motion made by Mr. Andrew, seconded by Mr. Falk, it was #10-244-80 RESOLVED that, pursuant to a Public Hearing having been held on October 21, 1980 on Petition 80-9-2-24 as submitted by Anthony C. Rea requesting waiver use approval to convert an existing gas station located on the northeast corner of Wayne Road and Ann Arbor Trail in the Southwest 1/4 of Section 33, to a fast oil and lubrication center the City Planning Commission does hereby determine to table Petition 80-9-2-24 until the Study Meeting to be conducted on October 28, 1980. A roll call vote on the foregoing resolution resulted in the following: 7437 AYES: Kluver, Morrow, Sobolewski, Falk, Andrew IL NAYS: Smith, Vyhnalek, Zimmer ABSENT: Scurto 1L; Mr. Rea: I feel you are penalizing me for having too much parking. 1 Mr. Zimmer: We are concerned with too much parking. We are also concer ed with the landscaping. Mr. Rea: My plans indicate that I too am concerned about the aesthet'cs. I have met requirements all the way through. Mr. Zimmer: When a new use comes along we would like to study it. Mr. Rea: I object to the operation being labeled any kind of a grease pit. I have a clean operation. Mr. Zimmer: If you would contact Mr. Shane and detail the landscape plan, make some resolution as to where the location of the tank will be, then we will again review this. Mr. Andrew: I feel a tabling resolution is necessary as I was unable to visualize changes on the site plan. What size of landscaping will be used. We need a definitive site plan. • 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 80-10-2-25 by St. Timothy United Presbyterian Church requesting waiver use approval to construct an addition to an existing church building located on the east side of Newburgh Road between Six Mile Road and Munger in the Northwest 1/4 of Section 17. Mike Munro: We would like to expand the building facility and parking facility. We will be doubling the size of the sanctuary and adding a fellowship hall and classrooms. Mr. Vyjnalek: What is the membership of your church? Mr. Munro: 200. Mr. Falk: Why is there a surplus of 62 spaces. Mr. Munro: We have an ultimate plan for an addition on the south end. Mr. Falk: What is your ultimate aim? Mr. Munro: An additional separate sanctuary at the south end. The property still has quite a bit of undeveloped land around it. Mr. Kluver: Do you plan to have bingo nights? t: Mr. Munro: No. Mr. Vyhnalek: I feel they should have the parking. If they do not have adequate parking, there is P.S. to the north and they will park there if they are short. I predict if they have any growth they will be short in the future. Mr. Morrow: Is there a landscaping plan? 1: Mr. Shane: Petitioner has submitted a landscaping plan. It is a good beginning. Possibly two more groups of similar shrubs could be added. IL; Mr. Andrew: Site plan indicates "Sheet A-2 has a light pole location. What is the height? Mr. Munro: 24 feet. It is a security light. Mr. Zimmer: What about some kind of landscape treatment around the light pole? Mr. Munro: In back of us is the school yard. We are a considerable distance from the nearest residential area. I would question who would benefit from such landscaping around the poles in the back. Mr. Zimmer: I was concerned with what your parish people would see. There was no one else present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mr. Morrow, seconded by Mr. Kluver, and unanimously adopted, it was #10-245-80 RESOLVED that, pursuant to a Public Hearing having been held on October 21, 1980 on Petition 80-10-2-25 as submitted by St. Timothy United Presbyterian Church requesting waiver use approval to construct an addition to an existing church building located on the east side of Newburgh Road between Six Mile Road and Munger in the Northwest 1/4 of Section 17, the City Planning Commission does hereby recommend to the City Council that Petition 80-10-2-25 be approved subject to the following conditions: (1) That Site Plan #A-1, dated 10/1/80, as revised, prepared by Roth Engineering, which is hereby approved shall be adhered to; (2) That a revised Landscape Plan shall be submitted to the Planning Department within 30 days for their approval, and all materials shown thereon shall be installed prior to issuance of a Certificate of Occupancy and thereafter permanently main- tained in a healthy condition: (3) That the Building Elevation Plan A-3, dated 10/1/80, prepared by Roth Engineering, which is hereby approved shall be adhered to; and (4) That the Floor Plan #A-2, dated 10/13/80, prepared by Roth Engineering, which is hereby approved shall be adhered to. for the following reasons: Irhe (1) The site has the capacity to support the proposed expansion. 2 The proposal complies with the applicable special and general tple ( ) P Po P PP standards of the Zoning Ordinance contained in Section 4.03 and 19.06 thereof. 7439 (3) The proposal will provide additional capacity to serve expanded 1[: Church functions while at the same time be compatible to the surrounding uses in the area. IL; FURTHER RESOLVED that, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City De artments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing solution adopted. Mr. Falk announced the next item on the agenda is Petition 80-9-3-6 by the City Planning Commission to vacate an easement located on the west side of Newburgh Road between the I-96 Freeway and the C&O Railway in the Northeast 1/4 of Section 30. Mr. Shane: We have a letter from Gary Clark, Engineering. David Abdoo: I have no objection. 14001 Asbury Park Detroit 48227 On a motion duly made by Mr. Kluver, seconded by Mr. Vyhnalek, and unanimously adopted, it was #10-246-80 RESOLVED that, purusant to a Public Hearing having been held on October 21, 1980 on Petition 80-9-3-6 by the City Planning Commission tto vacate an easement located on the west side of Newburgh Road between the I-96 Freeway and the C&O Railway in the Northeast 1/4 of Section 30, the City Planning Commission does hereby recommend to the City Council that Petition 80-9-3-6 be approved for the following reasons: (1) The subject vacating is recommended by the Engineering Division in order to remove an easement established incorrectly due to an error in a legal description. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/6/80 and 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. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 80-9-3-7 by the City Planning Commission to vacate public alleys located north of Seven Mile Road between Farmington Road and Shadyside in the Southwest 1/4 of Section 3. 11; Mrs. Wheaton: Nobody has used this alley for 25 years. 19208 Westmore L Mr. Andrew: We are attempting to eliminate alleys and give property back to the property owners. This is just a housekeeping chore. 7440 Mrs. Waara: How are we going to stop the trucks from coming through? 19209 Westmore Mr. Andrew: Put a fence there. 1:0 Mrs. Waara: We tried to have this vacated years ago. The City said no Ithen. Mr. Andrew: Possible a barricade could be put up. There was no one else present wishing to be heard regarding this petition. On a motion duly made by Mr. Kluver, seconded by Mrs. Sobolewski, and unanimously adopted, it was #10-247-80 RESOLVED that, pursuant to a Public Hearing having been held on October 21, 1980 on Petition 80-9-3-7 by the City Planning Commission to vacate public alleys located north of Seven Mile Road between Farmington Road and Shadyside in the Southwest 1/4 of Section 3, the City Planning Commission does hereby recommend to the City Council that Petition 80-9-3-7 be approved for the following reasons: (1) No public purpose can be served by retention of the subject alleys in public right-of-way. (2) The interests of the City would be better served if the area encompassed by the subject alleys were attached to abutting private property where they could be properly utilized and maintained. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/6/80 and 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. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 80-9-6-10 by the City Planning Commission pursuant to Council Resolution #677-80 to amend Section 18.50 of Zoning Ordinance #543, by revising the regulations controlling the erection of signs within the City of Livonia. Mr. Andrew: The Department of Law indicates a petitioner has the right to appeal. Mrs. Sobolewski: I think the words "or symbols or logos" should be added. Mr. Morrow: Painting on walls is a problem because the paint falls off. Mr. Nagy: If the amendment is passed, graphic painting such as Scott Coburn at Eight Mile and Farmington would be permitted. Mr. Zimmer: I feel painting on a building becomes a sign when it tells what is inside the building. Mr. Andrew: A person has a right to appeal on the grounds of hardship, or practical difficulty. 7441 On a motion duly made by Mr. Zimmer and seconded by Mr. Morrow, it was 1: RESOLVED that, pursuant to a Public Hearing having been held on October 21, 1980 on Petition 80-9-6-10 as submitted by the City ILOPlanning Commission pursuant to Council Resolution #677-80 to amend Section 18.50 of Zoning Ordinance #543 by revising the regulations controlling the erection of signs within the City of Livonia, the City Planning Commission does hereby recommend to the City Council that Petition 80-9-6-10 be approved as mended to delete the reference set forth in Section 18.50B, paragrph (g) , relating to graphic decorations which do not contain letter , words or phrases. A roll call vote on the foregoing resolution resulted in the following: AYES: Morrow, Smith, Sobolewski, Zimmer NAYS: Kluver, Vyhnalek, Falk, Andrew ABSENT: Scurto Mr. Andrew, Chairman, declared the resolution fails. On a motion duly made by Mr. Kluver;and seconded by Mr. Vyhnalek, it was RESOLVED that, pursuant to a Public Hearing having been held on October 21, 1980 on Petition 80-9-6-10 as submitted by the City Planning Commission pursuant to Council Resolution #677-80 to amend Section 18.50 of Zoning Ordinance #543 by revising the t regulations controlling the erection of signs within the City of Livonia, the City Planning Commission does hereby recommend to the City Council that Petition 80-9-6-10 be approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Vyhnalek, Falk, Andrew, Kluver NAYS: Morrow, Smith, Sobolewski, Zimmer ABSENT: Scurto Mr. Andrew, Chairman, declared the resolution fails. On a motion duly made by Mr. Zimmer and seconded by Mrs. Sobolewski, it was #10-248-80 RESOLVED that, pursuant to a Public Hearing having been held on October 21, 1980 on Petition 80-9-6-10 as submitted by the City Planning Commission pursuant to Council Resolution #677-80 to amend Section 18.50 of Zoning Ordinance #543 by revising the regulations controlling the erection of signs within the City of Livonia, the City Planning Commission does hereby recommend to the City Council that Petition 80-9-6-10 be approved as amended to add the words "symbols or logos" to Section 18.50B, paragraph (g) , relating to graphic decorations which do not contain letters, words or phrases, for the following reasons: (1) The proposed amendment will provide the City of Livonia with additional control over the erection and maintenance of signs. 7442 (2) The proposed amendment will allow additional flexibility for sign erectors while at the same time maintaining maximum ILcontrol in the hands of the City of Livonia, ILO FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/6/80 and notice of such hearing was sent to the petroit Edison Company, Chesapeake & Ohio Railway Company, Michigan1 Bell Telephone Company, Consumers Power Company and City depart nts as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Morrow, Sobolewski, Vyhnalek, Falk, Zimmer, Andrew NAYS: Smith ABSENT: Scurto Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 80-8-1-27 by Veteran's of Foreign Wars Livonia Post 3941 to rezone property located south of Plymouth Road between Newburgh Road and Jarvis in the Southeast 1/4 of Section 30, from RUF to C-2. Mr. Morrow: I am going to vote against the petition. I feel that the Future Land ' Use Plan should be adhered to. Mrs. Sobolewski: I visited the Plymouth Elks. I visited the closest neighbor to that establishment. She had complained about the parking overflow on their street. That was in turn corrected. There was no noise complaint. It was air conditioned so the music did not filter into the neighborhood. There has been no litter. There was an incident regarding the play area and pavilion. That was corrected. They are bounded by a cyclone fence. The rest of the neighbors she knew had no complaints. ' Mr. Smith: If we dealt with anyone else we could not have achieved as much cooperation with any other development. They gave us a 50 foot greenbelt 5 feet high. They set the building back. People who said they moved there for privacy would move if this went in as multiple as shown on the Future Land Use Plan as well. Mr. Zimmer: I agree with Mr. Smith. They have cooperated. In my mind C-2 is not a correct zoning for this area. That has nothing to do with the ultimate use. I ask myself is C-2 proper for this area? Mr. Andrew: I support Mr. Zimmer's comments. I have many friends who are veterans of foreign wars. I have difficulty in supportingC-2 for this particular ;piece of property. I would have no difficulty supporting a waiver use however if the City Council should decide to approve the use. Mr. Kluver: I would have great difficulty in making that type of modification. (-0 There was no one else present wishing to be heard regarding this petition. 10 Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mr. Vyhnalek, seconded by Mr. Smith, it was 7443 RESOLVED that, pursuant to a Public Hearing having been held on October 21, 1980 on Petition 80-8-1-27 as submitted by Veteran's of Foreign Wars Livonia Post 3941 requesting to rezone property ILO located south of Plymouth Road between Newburgh Road and Jarvis in the Southeast 1/4 of Section 30, from RUF to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 80-8-1-27 be approved for the following reaso s: (1) The proposed change of zoning would not be detrimental to the neighboring area as the site is of sufficient size to properly accommodate the proposed use and provide for appropriate screening and other buffering devices. (2) The proposed change of zoning would not be detrimental to the area fro] a traffic standpoint as the site has direct access to, and sufficient frontage on, Plymouth Road which is a major thoroughare as established on the Master Thoroughfare Plan of the City of Livonia. (3) The proposed change of zoning is not inappropriate to the area as the neighboring area is of mixed land uses with heavy industrial type uses dominating on the north side of Plymouth Road with the openness of Hines Parkway dominating on the south. Sparsely developed residential uses occur on the east and west. IL FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 9/8/80 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: Smith, Sobolewski, Vyhnalek NAYS: Kluver, Morrow, Falk, Zimmer, Andrew ABSENT: Scurto Mr. Andrew, Chairman, declared the resolution fails. On a motion duly made by Mr. Zimmer, seconded by Mr. Kluver, it was #10-249-80 RESOLVED that, pursuant to a Public Hearing having been held on October 21, 1980 on Petition 80-8-1-27 as submitted by Veteran's of Foreign Wars Livonia Post 3941 requesting to rezone property located south of Plymouth Road between Newburgh Road and Jarvis in the Southeast 1/4 of Section 30, from RUF to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 80-8-1-27 be denied for the following reasons: (1) The proposed change of zoning is in conflict with the Future Land Use Plan of the City of Livonia as adopted L by the City Planning Commission. 7444 (r (2) The proposed change of zoning to the C-2, general commercial classification, would be detrimental to and not in harmony with the established and surrounding uses of the area. Many ILO of the neighboring uses are single family residential. I (3) The proposed change of zoning would not be in the lonrange best interest of the neighboring area as with this in rusion of commercial zoning, as represented by this petition, into this area would lead to the conversion of other, adjo' ing residential property to the commercial classification. (4) The proposed change of zoning to the C-2, general commercial classification, is contrary to the adopted land use policies of the City Planning Commission. One of the stated policies of the Commission is to limit the proliferation and spread of commercial development along the major mile roads of the City. FURTHER RESOLVED that, notice of the above Public Hearing was published, in the official newspaper, the Livonia Observer, under date of September 8, 1980 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: ILAYES: Morrow, Falk, Kluver, Zimmer, Andrew NAYS: Smith, Sobolewski, Vyhnalek ABSENT: Scurto Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mrs. Sobolewski, and unanimously adopted, it was #10-250-80 RESOLVED that, pursuant to the provisions of Section 23.01(b) of Ordinance #543, the City Planning Commission does hereby establish and order that a public hearing be held in the City Hall of the City of Livonia, to determine whether or not to amend Section 11.02, Permitted Uses, of Zoning Ordinance #543, so as to provide additional controls relating to coin operated amusement devices in C-2 Districts. 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Falk, seconded by Mr. Zimmer and unanimously adopted, ( it was RESOLVED that, the minutes of the 398th Regular Meetingand Public #10-251-80g Hearings held by the City Planning Commission on September 23, 1980, ILO be approved. 7445 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution 130 adopted. On a motion duly made by Mr. Morrow, seconded by Mr. Falk, and unanimously adopted, it was I-- #10-252-80 RESOLVED that, the minutes of the 399th Regular Meeting held by the City Planning Commission on October 7, 1980, be approve . Mr. Andrew, Chairman, declared the motion is carried and the foregoing r solution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Zimmer and unanimously adopted, it was #10-253-80 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #1468, the City Planning Commission does hereby approve Petition 80-10-8-21P by Robert C. Doyle & Associates, Architects, requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to alter and construct an addition to an existing office building located on the east side of Newburgh Road between Ann Arbor Trail and Joy Road in Section 32, subject to the following conditions: (1) That Site Plan #27019R, Sheet 1, dated 10/20/80, prepared 1! by Robert C. Doyle, Architect, which is hereby approved shall be adhered to; 4 (2) That Building Elevations as shown on Plan #270198, Sheet 3, prepared by Robert C. Doyle, Architect, which are hereby approved shall be adhered to; (3) That the Landscape Plan as shown on Plan #27019R, Sheet 1, dated 10/20/80, which is hereby approved shall be adhered to; (4) That the landscaping as shown on the approved Plan including an underground watering system, shall be installed on the site prior to issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition; (5) That any signs proposed to be installed on the site shall be reviewed and approved by the City Planning Commission; and (6) That all roof-mounted energy units shall be screened from view. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 400th Regular Meeting and Public Hearing held by the City Planning Commission on October 21, 1980 were adjourned at 10:45 p.m. /-2-, 5]--i.-./ Jose J.41,54k, cretary ATTEST: 'f/62i,""1.‘rj--;,/ /7 ✓ Daniel R. Andrew, Chairman