HomeMy WebLinkAboutPLANNING MINUTES 1981-03-10 7425
IF MINUTES OF THE 408th REGULAR MEETING
' AND PUBLIC HEARINGS HELD BY THE CITY
PLANNING COMMISSION OF THE CITY OF
illtnLIVONIA
Tuesday, March 10, 1981, the City Planning Commission of the City of Livonia, held
its 408th Regular Meeting and Public Hearings in the Livonia City Hall, 33001 Five Mile
Road, Livonia, Michigan.
Mr. Daniel R. Andrew, Chairman, called the Regular Meeting and Public Hearings to order
at 8:05 p.m. , with approximately 24 interested people in the audience.
MEMBERS PRESENT: R. Lee Morrow Sue Sobolewski Daniel R. Andrew
Judith Scurto Donald Vyhnalek
C. Russell Smith Joseph Falk
MEMBERS ABSENT: Jerome Zimmer *Herman Kluver
Messrs. John J. Nagy, City Planning Director; H G Shane, Assistant City 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 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 whichto appeal for relief. Otherwise
the petition is terminated.
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Ar. Falk, Secretary, announced the first item on the agenda is Petition 81-2-1-3 by
the City Planning Commission pursuant to Section 23.01(b) of Zoning
Ordinance #543, as amended, to rezone property located on the northeast
corner of Six Mile and Middlebelt Roads in Section 12, from RUF to AG.
Mr. Andrew: Is there any correspondence?
Mr. Nagy: We have a letter from Division of Engineering indicating there are no
engineering problems involved with this petition.
Mr. Andrew: We are correcting our Zoning Map. Presently, these cemeteries are zoned
RUF. RUF zoning does not permit cemeteries but AG zoning does, subject
to waiver use approval. We are putting the land use and zoning classification
into the right category.
Mr. M. Foster, Adat Shalom, 7045 Curtis, Detroit, Michigan 48221, was present: Will
this rezoning in any way affect the operation of the cemetery?
Mr. Andrew: No. In fact it should benefit you because at the present time your zoning
classification makes the cemetery a nonconforming use.
Mr. Foster: We were concerned about the effect of the rezoning on our cemetery, but
I appreciate your information.
C. Andrew: There are other pieces within the City that also have improper zoning and
periodically we try to change those pieces of land. You are one of many
cemeteries. We are just changing the zoning map. Is there anyone else
wishing to be heard regarding this petition?
There was no one else present wishing to be heard regarding this petition.
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Mr. Andrew, Chairman, declared the public hearing on this item closed.
a motion duly made by Mr. Vyhnalek, seconded by Mrs. Scurto, and unanimously adopted,
_t was
3-36-81 RESOLVED that, pursuant to a Public Hearing having been held on March 10, 1981
on Petition 81-2-1-3 as submitted by the City Planning Commission pursuant to
Section 23.01(b) of Zoning Ordinance #543, as amended, to rezone property
located on the northeast corner of Middlebelt and Six Mile Roads in Section 12,
from RUF to AG, the City Planning Commission does hereby recommend to the City
Council that Petition 81-2-1-3 be approved for the following reasons:
(1) The subject cemeteries are presently nonconforming use within its present
zoning classification of RUF, Rural-Urban Farms.
(2) This proposed rezoning will provide a zoning classification commensurate with
the established use of the subject property.
(3) The proposed change of zoning is consistent with the Planning Commission
policy of having the zoning classification reflect the established use
of the 'subject property.
FURTHER RESOLVED that, notice of the above Public Hearing was published
in the official newspaper, the Livonia Observer, under date of 2/23/81, 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.
. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted.
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1r. Falk announced the next item on the agenda is Petition 81-2-1-4 by the City Planning
Commission to rezone property located on the south side of Eight Mile Road,
west of Brentwood in Section 1, from RUF to AG.
Mr. Andrew: Is there any correspondence relative to this matter?
Mr. Nagy: As in the previous petition, we have a letter from Division of Engineering
indicating there are no engineering problems.
Mr. Andrew: Is there anyone present wishing to be heard on this matter?
Tony Bango, 20445 Maplewood, Livonia, MI, was present. I was unable to attend the
February 10th meeting regarding the property next to the cemetery,
the P.S. on that corner. Years ago they filled in the property with
dirt from the Southfield Freeway. That was done by Practical Homes.
There is now a cesspool there. My fence was 2 feet above the grade.
I wondered how far they were going to build and if a wall would be
required.
Mr. Andrew: The area you referred to as the cesspool will be all parking. They
will have to provide for positive drainage. There will be four small
buildings on the balance of the property. A wall will be required but
they have the option to appeal that wall. You will be notified in the
event of an appeal. As it stands now he has to put a wall in.
There was no one else wishing to be heard regarding this petition.
(Jr
. Andrew, Chairman, declared the public hearing on this item closed.
On a motion duly made by Mrs. Scurto, seconded by Mr. Morrow, and unanimously adopted,
it was
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#3-37-81 RESOLVED that, pursuant to a Public Hearing having been held on March 10,
1981 on Petition 81-2-1-4 by the City Planning Commission to rezone property
located on the south side of Eight Mile Road, west of Brentwood in Section 1,
from RUF to AG, the City Planning Commission does hereby recommend to the
City Council that Petition 81-2-1-4 be approved .Eor the following reasons:
(1) The subject cemetery is presently a nonconforming use within its present
zoning classification of RUF, rural urban farms.
(2) The proposed rezoning will provide a zoning classification commensurate
with the established use of the subject property.
(3) The proposed change of zoning is consistent with the Planning Commission
policy of having the zoning classification reflect the established use
of the subject property.
FURTHER RESOLVED that, notice of the above Public Hearing was published
in the official newspaper, the Livonia Observer, under date 2/23/81 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 carved and the foregoing resolution adopted.
*Mr. Kluver arrived at 8:20 p.m.
Rehearing of
Mr. Falk announced the next item on the agenda is/Petition 80-6-1-21 by Ramon Castaneda
IL
to rezone property located on the southwest corner of Five Mile Road and
Harrison Avenue in the Northniest 1/4 of Section 24, from C-1 to C-2.
Mr. Andrew: This petition has been before us for a long time. It has been tabled
several times. We are now going to rehear it for the reason of the
staleness of the original public hearing.
Mr. Falk: I feel that we are only opening the doors to continued C-2 development
in this area. This is a critical area. He could not negotiate parking
with the adjoining tenant. He can sell this property and all the promises
for upgrading the site could be ignored. There is a lot of financial
difficulty today among various businesses and I doubt that he can meet
the obligation for pavement improvement.
Mrs. Scurto: I feel that Mr. Castaneda has agreed to do the things we asked him
originally.
Mr. Morrow: This is an area that needs to be upgraded. The size is of such limited
nature and I don't see intensive use of the C-2 in that particular site.
I possibly might have a problem with a larger site. He is only adking for
10 seats.
There was no one else present wishing to be heard regarding this petition.
Mr. Andrew, Chairman, declared the public hearing on this item closed.
10 On a motion duly made by Mr. Falk, seconded by Mr. Kluver, it was
RESOLVED that, pursuant to a Public Hearing having been held on March 10,
1981 on Petition 80-6-1-21 as submitted by Ramon Castaneda requesting to
rezone property located on the southwest corner of Five Mile Road and Harrison
Avenue in the Northwest 1/4 of Section 24, from C-1 to C-2, the City Planning
Commission does hereby recommend t,' the City Council that Petition 80-6-1-21 be
denied for the following reasons:
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(1) The proposed change of zoning would not promote the orderly growth
and development of the surrounding area.
1[7: (2) The proposed change of zoning from C-1, local commercial, to C-2,
general commercial, is inconsistent with the surrounding zoning of the
area which is all C-1 and would therefore introduce general commercial
uses in an area zoned for local commercial uses.
(3) The proposed change of zoning would be detrimental to the area by
encouraging the further conversion of C-1, local commercial zoning, to
C-2, general commercial, which change of zoning would tend to intensify
commercial development of this area which would be detrimental to the
adjoining residential uses of the area.
(4) The purpose for the proposed change of zoning is to permit restaurant
usage to locate within the existing building and to accommodate this
limited usage the Planning Commission believes that the proposed
language amendment to the C-1 Zoning District regulations which would
provide for limited restaurant usage with seating in C-i Districts
should be adopted as opposed to granting this change of zoning.
FURTHER RESOLVED that, notice of the above Public Hearing was published
in the official newspaper, the Livonia Observer, under date of 2/23/81
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.
roll call vote on the foregoing resolution resulted in the following:
AYES: Kluver, Falk, Andrew
NAYS: Morrow, Scurto, Smith, Sobolewski, Vyhnalek
ABSTAIN: None
ABSENT: Zimmer
Mr. Andrew, Chairman, declared the resolution is not adopted.
On a motion duly made by Mr. Morrow, seconded by Mrs. Scurto, it was
#3-38-81 RESOLVED that, pursuant to a Public Hearing having been held on March 10, 1981
on Petition 80-6-1-21 as submitted by Ramon Castaneda requesting to rezone
property located on the southwest corner of Five Mile Road and Harrison
Avenue in the Northwest 1/4 of Section 24, from C-1 to C-2, the City Planning
Commission does hereby recommend to the City Council that Petition 80-6-1-21
be approved for the following reasons:
(1) The proposed change of zoning would promote the orderly development
of the property by facilitating the redevelopment of the property
to accommodate the proposed restaurant useage.
(2) The proposed change of zoning is of such limited size that the proposed
change of uses would not be detrimental to, or adversely affect, the
surrounding and established uses of the area.
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FURTHER RESOLVED that, notice of the above Public Hearing was published
in the offic}al newspaper, the Livonia Observer, under date of 2/23/81
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: Morrow, Scurto, Smith, Sobolewski, Vyhnalek
NAYS: Kluver, Falk, Andrew
ABSENT: Zimmer
Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted.
On a motion duly made by Mr. Kluver, seconded by Mr. Smith, and unanimously adopted,
it was
#3-39-81 RESOLVED that, pursuant to a Public Hearing having been held on March 10,
1981 on Petition 81-2-6-2 by the City Planning Commission to amend Sections
10.08, 11.09 and 30.09 Front, Side and Rear Yard Requirements of Ordinance
#543 relating to the parking or storage of merchants ' delivery vehicles in
C-1, C-2 and C-3 zoning district, the City Planning Commission does hereby
recommend to the City Council that Petition 81-2-6-2 be approved for the
following reasons:
(1) This proposed amendment will provide the City with additional control
needed to properly regulate commercial advertising.
(2) This proposed amendment will aid in maintaining the spirit and purpose
of the Zoning Ordinance as it relates to the location and nature of
commercial signage.
FURTHER RESOLVED that, notice of the above Public Hearing was published
in the official newSPaper the Livonia Observer, under date of 2/23/81, •and
notice of such hearing was sent to the Detroit Edison Company, Chesapeake
&Ohio Rail 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.
On a motion duly made by Mr. Morrow, seconded by Mr. Smith, and unanimously adopted,
it was
#3-40-81 RESOLVED that, pursuant to a letter dated 2/13/81 from Edward Sharkey Hesano
requesting an extension of approval of Petition 79-9-2-23 as submitted by
Edward Sharkey Hesano requesting waiver use approval to establish a SDD Licensed
operation on property located on the north side of Six Mile Road, east of
Haggerty Road in the Southwest 1/4 of Section 7, 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. Andrew, Chairman declared the motion is carried and the foregoing resolution adopted.
1n a motion duly made by Mr. Kluver, seconded by Mrs. Sobolewski and unanimously adopted,
.t was
�O
�3-41-81 RESOLVED that, pursuant to a letter dated from Michael Nalu requesting a one-
year extension of approval of Petition 79-7-8-22P submitted by Michael Nalu
requesting approval of all plans required by Section 18.58 of Ordinance #543,
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the Zoning Ordinance, as amended by Ordinance #1306, submitted in
IFconnection with a proposal to construct a retail store on the north
ILO
east corner of Six Mile Road and Haggerty Road in Section 7, the
City Planning Commission does hereby grant an extension for a period
of one year from the date of this resolution subject to the same
conditions as were set forth in the original approving resolution
#9-150-79 adopted by the City Planning Commission on August 7, 1979.
Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted.
On a motion duly made by Mr. Vyhnalek, seconded by Mrs. Scurto, and adopted, it was
#3-42-81 RESOLVED that, the minutes of the 407th Regular Meeting held by the City
Planning Commission on February 24, 1981, be approved.
A roll call vote on the foregoing resolution resulted in the following:
AYES: MOrrow, Scurto, Smith, Sobolewski, Vyhnalek, Falk, Andrew
NAYS: None
ABSTAIN: Kluver
ABSENT: Zimmer
Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted.
Mr. Falk, announced the next item on the agenda is Landscape Plan submitted in
connection with condition of approval of Petition 80-12-8-25 submitted
by Dr. Roger Ajluni requesting approval of all plans required by Section
IL 9.02 of Zoning Ordinance #543, as amended by Ordinance #1423, in connection
with a proposal to construct a three-story office/medical building on the
southeast corner of Farmington Road and Curtis in the Southwest 1/4 of
Section 10.
Mr. Andrew: What Council action has been taken on this Petition?
• Mr. Nagy: Petitioner failed to appear at the study meeting and it was referied
to the next study meeting.
Mr. Andrew: Has the staff had an opportunity to review this?
•
Mr. Nagy: Yes, we have a display copy and will present it to you.
Mr. Andrew: What about light fixtures?
Mr. Bakewell: There are three single arms and two double arms. They are on a 20 foot
pole. They are manufactured by J. H. Spaulding. They are bronze and
are 400 watt mercury vapor. One is replacing an existing light.
Mr. Vyhlialek: None are proposed on the southwest corner?
Mr. Bakewell: There are existi,g ones there. We have eliminated 30 parking spaces
to accommodate landscaping. That happened when they went from medical
to general office.
Mr. Andrew: Are you satisfied with the landscape plan?
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Mr. Bakewell: Yes, there is a variety of heights of 6 to 10 foot evergreens. There
are 27 of.,those type trees. There are locust, river birch, junipers,
and certain amount of bermi.ng. There is a cross section of the berm
all along Curtis. That will subdue the cars that will be parked here
from view across the street.
ere 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. Vyhnalek, and adopted, it was
#3-43-81 RESOLVED that, the City Planning Commission does hereby approve the Landscape
Plan submitted by Dr. Roger Ajluni in connection with a condition of approval of
Petition 80-12-8-25 by Dr. Roger Ajluni requesting approval of all plans
required by Section 9.02 of Zoning Ordinance #543, as amended by Ordinance
#1423, submitted in connection with a proposal to construct a three-story office/
medical building on the southeast corner of Farmington Road and Curtis in the
Southwest 1/4 of Section 10, subject to the following conditions:
(1) that the Landscape Plan for Project 80362 as shown on Sheet #3, dated
2/16/81, prepared by Michael Nalu & Associates, which is hereby approved
shall be adhered to;
(2) that parking lot lighting fixtures manufactured by J. H. Spaulding and
M. C. Philbin as shown in the specifications for site lighting on Sheet
#3, dated 2/16/31, prepared by Michael Nalu & Associates, which are
hereby approved shall be adhered to;
(3) that all new landscaping shown on the approved Plan shall be installed
on the site before the building can be occupied and thereafter permanently
maintained in a healthy condition.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Kluver, Morrow, Scurto, Sobolewski Vyhnalek, Falk, Andrew
NAYS: Smith
ABSENT: Zimmer
Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted.
Mr. Falk, announced the next item on the agenda is proposed changes and revisions to
Petition 78-5-8-9 by Vacri Land Development Company requesting approval of all
plans required by Section 8.02 of Zoning Ordinance X6543, as amended by Ordinance
#1243, submitted in connection with a proposal to construct a multi-family
housing project on the west side of Farmington Road between Curtis and Pickford
in Section 9.
Mr. Andrew: I am concerned about the lights especially the last unit to the west
shining across on Curtis.
Architect: These can be turned down or out. They won't shine out past the parking.
1[0. Andrew: I would like to get some illuiination data from the manufacturer. Possibly
someone from staff can get some.
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Mr. Shane: The plan now is almost exactly what staff prepared. The long narrow
buildings have been set back at a number of areas. It has roved a little
IFnortherly,or westerly. The parking lot is now in configuration with what
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was recommended by staff. Parking has been eliminated along Farmington.
All the area is now green. He has provided details of the lights. There
is no trash container outside. As to the site plan there have been some
elevation changes.
Mr. Vyhnalek: On this proposed building P next Lo Curtis are those doors there?
Mr. Shane: It has a corridor.
Mr. Vyhnalek: Possibly people would park on Curtis when the weather is bad and go
through that door.
Mr. Andrew: Is Curtis posted as to prohibit parking.
Mrs. Scurto: That problem could be eliminated if it was posted if it is not already.
Mr. Shane: Most of the building is now brick. There is some wood at the window or
door areas.
Mrs. Scurto: There are shutters on the front windows. The ends have no shutters that
face Curtis.
Architect: Those four windows will have shutters.
Mr. Shane: There are also false chimneys.
c. Andrew: Is the brick still earth tones.
Shane: Yes.
Mrs. Scurto: I would like to commend petitioner on the beautiful development of the site.
Mr. Morrow: It has come a lopg way in a short time. You have been very cooperative.
On a motion duly made by Mrs. Scurto, seconded by Mr. Falk, and unanimously adopted, it was
#3-44-81 RESOLVED that, pursuant to Section 8.02 of Ordinance #543, the Zoning Ordinance
of the City of Livonia, as amended by Ordinance #1243, the City Planning
Commission does hereby recommend to the City Council that the Revised Site Plan
submitted in connection with Petition 78-5-8-9 by Vacri Land Development Company
requesting approval of all plans required by Section 8.02 in connection with a
proposal to construct a multi-family housing project on the west side of
Farmington Road between Curtis and Pickford in Section 9 be approved subject to
• the following conditions:
(1) that Revised Site Plan marked Job #8120, Sheet 1, dated March 6, 1981,
prepared by Kapila & Associates, Engineers, Planners and Surveyors,
which is hereby approved shall be adhered to;
(2) that revised Floor Plans marked Job #8120, Sheet 2, 3 and 4 dated
March 6, 1981, prepared by Kapila & Associates, Engineers, Planners,
IL and Surveyors, which are hereby approved shall be adhered to;
(3) that revised Building Elevation Plans marked Job #8120, Sheet 5 and 6
dated March 9, 1981, prepared by Kapila & Associates, Engineers, Planners
and Surveyors, which are hereby approved shall be adhered to with the
exception that they be revised to include window shutters for all
exterior windows as illustrated on the rendering of the project;
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(4) that a revised, detailed landscape plan shall be submitted to the
Planning Commission for approval within thirty (30) days of the date
of this resolution;
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(5) that all draperies used on exterior windows shall be of a consistent,
neutral color and this condition of approval shall be made a part
of any lease agreement or incorporated in the by-laws of any
condominium association having jurisdiction thereof; and
(6) that there shall be no outdoor storage of trash unless the method,
location and type of such trash disposal is first approved by the
Planning Commission;
FURTHER RESOLVED, that this approval supersedes the approval as set forth
in Planning Commission Resolution #5-104-78, adopted on May 23, 1978.
Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted.
Mr. Falk informed the Commission that a letter has been received from General Development
Corporation requesting a sixty-day extension of the approval given by the Planning
Commiss'on to locate a mobile home unit on property within the Wonderland Shopping Center.
Mrs. Sobolewski: I assume he has already gone to the Wonderland merchants. The
Jaycees have their carnival around May.
Mr. Smith: I don't find this display offensive to the area at all. It did not
interfere with the haunted house or Christmas trees sales lot.
Scurto: He should have been finished by January 1. He already has had
a sixty-day extension.
Is.
. Andrew: The 60 day extension would be from March 3rd.
On a motion duly made by Mr. Smith and seconded Mrs. Sobolewski, it was
#3-45-81 RESOLVED that, the City Planning Commission does hereby grant a sixty day
extension of the approval granted by the City Planning Commission in
Resolution #8-204-80, adopted on August 19, 1980, to General Development
Corporation in connection with the location of a mobile home unit on
property within the Wonderland Shopping Center, subject extension to
expire on May 3, 1981; and further, this approval is subject to all
conditions attached to the original approval.
A roll call vote on the foregoing resolution resulted in the following
AYES: Kluver, Smith, Sobolewski, Vyhnalek, Falk, Andrew
NAYS: Scurto
ABSTAIN: Morrow
ABSENT: Zimmer
Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted.
On a motion duly made, seconded and unanimously adopted, the 408th Regular Meeting
and Public Hearings held by the City Planning Commission March 10, 1981
was adjourned at 9:05 p.m.
CITY PLANNING COMMISSION
jA
LTEST: .4./ .4.". z
Daniel R. Andrew, Chairman /