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HomeMy WebLinkAboutPLANNING MINUTES 1982-04-13 .r.re k ! • 7656 MINUTES OF THE 431st REGULAR MEETING • AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA t On Tuesday, April 13, 1982, the City Planning Commission of the City of Livonia, held its 431st Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Regular Meeting and Public Hearings to order at 8:05 p.m., with approximately 50 interested people in the audience. MEMBERS PRESENT: Sue Sobolewski Joseph Falk Jerome Zimmer Herman Kluver Daniel R. Andrew Donna Naidow MEMBERS ABSENT: Judith Scurto (vacation) R. Lee Morrow Donald Vyhnalek Messrs. 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 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. Mr. Falk, Secretary announced the first item on the agenda is Petition 82-2-1-2 by Farley Building Company, Inc. , to rezone property located on the northeast corner of Middlebelt Road and Pickford Avenue in the Northwest 1/4 of Section 12, from RUF to P.S. Mr. Bakewell: Projected on the screen is a map of Section 12, the area of petition is colored in red. It is located on the east side of Middlebelt at the corner of Pickford. Zoning to the south and east is RUF; across the street is R-1 and immediately north is some C-1. Mr. Shane: We have a letter from City Engineering Department, indicating there are no storm sewers immediatly available to the site. The closest storm drain outlet is an open water course crossing Pickford Avenue approximately 800 feet to the east. Development of this site as professional could accelerate the need of paving Pickford. Submitted tonight is a petition with 30 names opposing the rezoning. Mr. Andrew: Are most of the signatures persons residing on Pickford and Clarita. Mr. Shane: Yes. Most are signatures from residents on Pickford. There are some on Clarita and Middlebelt. Mr. Andrew: Is the petitioner present? Kathleen McCann, Attorney: I am the attorney representing Farley Building Company. "' 15195 Farmington I would like to introduce Mr. Bernie Reamer who is the architect. ;Livonia I would like to show a picture of the site plan. Mr. Andrew: Tonight we are interested in the question of rezoning only. 7657 Ms. McCann: I realize that. Our purposes are to have the piece of property that is at the far south portion of the site next to Pickford rezoned to P.S. We had come to the Board earlier for a C-2 rezoning on the abutting property which would be next to C-1. We amended that petition on February 16 to request C-1 on that instead of C-2. That is presently in the Committee of the Whole. We believe that the P.S. on the end would be a good buffer between residential and commercial. We believe we might put in a bank and office building. The front portion would be one-story and the back building would be two-stories. We would coordinate the entire project so that the professional coordinates with the existing although the improvement would be to the existing. We would upgrade the existing to match the plans for the proposed. We have met with the residents. I recognize we have problems and we have had problems in the past. We have tried to correct some of the problems with the ice and snow and things like that. We are going to make any adjustments in the back as far as fencing is concerned or walls. We would like to use as much greenbelt as possible on each of the sides. We would very much like to berm there. Mr. Andrew: Any access on Pickford? Ms. McCann: We originally intended to have access there but the residents did not want one. We redesigned the plans and there is no access on to Pickford. Mr. Andrew: One of the problems as I recall is a water problem along the rear property line. Ms. McCann: I believe it is low land. It has to be built up. I am not sure whether it has been corrected. Mr. Andrew: Is your client aware that the storm sewer is 800 feet away? BMs. McCann: He is aware and is willing to do what is necessary. Mr. Zimmer: Is Farley Building Company the current owner? MsCann: Yes. Ms. Bergmann: I am still opposed to this. The property south of us are attempting 29231 Pickford to go commercial. We will have front and back. We are right south of this property. What happens if they need a driveway on Pickford for fire code? Mr. Andrew: If this zoning should be approved, they will have to come back to us for site plan approval at which time we will review the location of building, location of driveway. That is a separate proposal. The question before us tonight is whether this should be rezoned from RUF to P.S. We appreciate your comments. Ms. Moyles: We had a meeting in Ms. McCann's office and we were supposed to get 29275 Pickford things patched up. Mr. Sanchez on Clarita who is also on the petition has three feet of water. He is underwater most of the time as a result of that present building and that night we agreed that we would not agree to any changes until Mr. Sanchez has satisfaction. Mr. Sanchez has never heard from them and they have done nothing for this man. He has vandalism, children throwing bricks from the top of the wall to his roof, standing water. They could care less about Mr. Sanchez. They have their building. Pickford doesn't mean a thing to them. Their promises aren't worth anything. • 7658 • Mr. Andrew: We will try to get the storm water taken care of. t4Mr. Sanchez: I would like to extend a personal invitation to anyone to see what I 29223 Clarita have to live with. Right now I have water in my crawl space high enough to touch my beams. My lot is 41a. Mr. Andrew: Have you had this problem ever since the building was built? Mr. Sanchez: Yes. Mr. Andrew: You are the first lot east of the existing building. Mr. Sanchez: Yes. MsCann: Mr. Weissman is willing to do anything that he can to resolve the problems. We have worked on other problems. The height of the wall will be raised. The garbage will be cleaned up. If there is something they can do we would be willing to do so as far as the sewers are concerned so that the water is not standing there. Mr. Kluver: In essence the issue is zoning. Therefore, the physical problems that exist are not relative to the issue of rezoning. I as one individual feel very strongly that this Commission should direct the Building Department and the City Engineering Department to come back to us and that they indicate to us what the situation is. How the water got there. I don't know how it got there. I would like a definition of what that phyical problem is. If we have to use the Building Dept. of Engineering Dept. I think it is justified. I have no problem looking at the issue itself as a case of zoning but I do have a problem with the physical problem of water. That is a real thing. I can sympathize with this gentleman. If the future development will continue to impede that area I would like to know. Mr. Andrew: I recall when we approved the first building there was talk about that storm water but it was not corrected. What we have here is a credibility issue on the part of the petitioner. Maybe these people would not be opposed if these problems would have been taken care of. I feel we have to resolve those problems first. Mr. Zimmer: What is the status of this petition and the existing commercial. Mr. Andrew: The petition was amended at Council level to C-1. It is in the Committee of the Whole. Mr. Zimmer: The current zoning is RUF. Mr. Andrew: The piece to the north is. 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. Falk and seconded by Mr. Kluver, it was t 4 • 7659 #4-59-82 RESOLVED that, pursuant to a Public Hearing having been held on April 13, l:// 1982 on Petition 82-2-1-2 by Farley Building Company, Inc., requesting to rezone property located on the northeast corner of Middlebelt Road and Pickford Avenue in the Northwest 1/4 of Section 12, from RUF to P.S., the City Planning Commission does hereby determine to table Petition 82-2-1-2 until the Study Meeting of May 4, 1982 by which time we request that the Engineering cr Building Department provide this Commission with a definitive answer regarding the problem of water. A roll call vote on the foregoing resolution resulted in the following: AYES: Sobolewski, Kluver, Falk, Naidow, Andrew NAYS: Zimmer ABSENT: Morrow, Scurto, Vyhnalek Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 82-3-1-5 by Carol D. & Jackie Lee Gatewood requesting to rezone property located on the west side of Farmington Road between Clarita and Pickford Avenue in the Northeast 1/4 of Section 9, from R-3 to P.S. Mr. Shane: We have a letter from Division of Engineering signed by Gary Clark regarding offstreet parking and storm sewers. Ms. K. McCann: Mr. Gatewood purchased this property approximately three months ago. Attorney He has done extensive remodeling. There was no heat or electricity 15195 Farming- in this home. It is a frame, one story home with a 1/2 cement, 1/2 / ton Rd. dirt basement. They would like to use this residence as a day care ' Livonia center. There are a number of professional buildings in the area. I visited with some of the neighbors but did not see everyone. I intend to see them all. The garage will be renovated for a kindergarten. The structure will be kept the way it is. There will be a complete turn around driveway. There will be approximatel 40-45 children here. The operation will be a five-day a week center with ours from 7 a.m. to 6 p.m. Mr. Andrew: Have you been stopped by Inspection? Mr. Gatewood: No, I have had my final plumbing and heating insptections.as of December, 81. The City at this point doesn't know if I am connected to the sanitary sewer. I have had no problems with the City or Inspection. Mr. Falk: You have no problems meeting the City of State Licensing requirements. Ms.McCann: We have had no problems with any requirements other than the masonry wall. We plan to apply for a year's variance from the Zoning Board of Appeals. Mr. Falk: I don't think this building would meet the fire code, with a frame construction. I am afraid of having 40-45 children in that type of building. Mr. Andrew: When was the building built? Mr. Gatewood: 1955. Mr. Zimmer: The property is now zoned residential. Your improvements from the time they were started were they aimed at making this a legitimate residential building. • 7660 Mr. Gatewood: Yes. Victor Tartolini: I object because of the parking lot in the back. This is a quiet 18544 Filmore neighborhod right now. Mr. Andrew: What lot number are you on? Mr.Tartolini: 190. I am right behind them. Ms.McCann: Under the use there will be no on premises parking. We will have a small van type bus to bring the children in. There was on 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. Kluver, seconded by Mrs. Sobolewski, and adopted, it was #4-60-82 RESOLVED that, pursuant to a Public Hearing having been held on April 13, 1982 on Petition 82-3-1-5 by Carol D. and Jackie Lee Gatewood requesting to rezone property located on the west side of Farmington Road between Clarita and Pickford Avenue in the Northeast 1/4 of Section 9, from R-3 to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 82-3-1-5 be approved for the following reasons: (1) The proposed change of zoning will provide for uses consistent with the Future Land Use Plan recommendation of office use along this area of Farmington Road. (2) The proposed zoning district will act as a buffer zone between the abutting residential uses and the Farmington Road thoroughfare. i (3) The proposed zoning district will provide for uses which are compatible to and in harmony with the surrounding uses in the area. (4) The proposed change in zoning will provide for uses consistent with the Future Land Use Plan recommendation of office use along this area of Farmington Road. (2) The proposed zoning district will act as a buffer zone between the abutting residential uses and the Farmington Road thoroughfare. (3) The proposed zoning district will provide for uses which are compatible to and in harmony with the surrounding uses in the area. (4) The proposed change in zoning is consistent with the developing character of the Farmington Road frontage in the general area. FURTHER RESOLVED that, notice of the above Public Hearing was given according to Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Sobolewski, Falk, Andrew NAYS: Naidow, Zimmer ABSENT: Morrow, Scurto, Vyhnalek Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 7661 • Mr. Falk announced the next item on the agenda is Petition 82-3-2-6 by Dominic Soave requesting waiver use approval to utilize an S.D.D. Liquor License within an existing building located on the southwest corner of Seven Mile Road and Irving in the Northeast 1/4 of Section 9. 'Mr. Shane: We have a letter from Engineering stating no problems. We have a letter from three homeowners on Myron, supporting the petition. We have a letter from R. J. Jenkins, co-owner of property on Seven Mile, in favor of the petition. We have letters favoring the petition from Bill's Bike and Puck, Ken Hunt, Hunt's Ace Hardware, Nationwide Ceramics, Daniel Ozurn, and Joseph Iannaci. Dominic Soave: There are very few S.D.D. licensed stores between Six Mile and Eight Mile • 33527 Seven and Farmington and Haggerty. I will be selling packaged liquor, beer and Mile Road wine along with pizza. Mr. Andrew: I do not have any problem with the petition. However, the Ordinance states that in order for us to approve an S.D.D. license there must be a 1000 foot separation. The B & N Party Store is within that 1000 foot separation. We cannot grant your request. This can be waived by the City Council. Mr. Soave: Did the State measure this? Mr. Shane: It was measured by Planning. Jaafar Jaafar: I will be moving my party store to the corner of Seven and Farmington 35638 Elmira only one block from Mr. Soave. I have been coming here for two years in order to move to the corner. I have had approval. I cannot see having another liquor store 200 to 300 feet away from my location. 4 IMs. Reed: We are across the street. Dominic is our landlord. We also have applied for a liquor license. We now have beer and wine. Where does petition put us? Does the S.D.M license fall under the same 1000 foot separation? All of a sudden there are too many beer and wine sales. Mr. Shane: S.D.M. does not require 1000 ft. separation. 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 Mrs. Naidow, and unanimously adopted, it was #4-61-82 RESOLVED that, pursuant to a Public Hearing having been held on April 13, 1982 on Petition 82-3-2-6 by Dominic Soave requesting waiver use approval to utilize an S.D.D. Liquor License within an existing building located on the southwest corner of Seven Mile Road and Irving in the Northeast 1/4 of Section 9, the City Planning Commission does hereby recommend to the City Council that Petition 82-3-2-6 be denied for the following reasons: (1) The petitioner has failed to affirmatively show that the proposed use IL is in compliance with the general waiver use standards and requirements set forth in Section 19.06 of Zoning Ordinance #543, as amended. (2) The proposal fails to comply with Section 10.03(g) , subsection (1) of Zoning Ordinance #543, as amended. 1.11.1116— low 2 . 7662 • (3) There is no demonstrated need for an additional S.D.D. Licensed facility to be located in the general area of the petition. FURTHER RESOLVED that, notice of the above Public Hearing was sent to I[: property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Andrew: I am opposed to this petition only because of the 1000 foot statutory requirement. I do not necessarily agree with the other reasons: Mr. Kluver: I feel the same way. Mr. Andrew: You have to file an appeal to the City Council within 10 days. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 82-3-2-7 by Jaafar K. Jaafar requesting waiver use approval to utilize an S.D.D. Liquor License within a building proposed to be located on the southwest corner of Seven Mile and Farmington Roads in Section 9. Mr. Shane: Engineering has stated there are no storm sewers readily available. The nearest one is 800 feet south on Gilmore. Jaafar K. Jaafar: I would like to transfer S.D.D. from B & N to this new location. Mr. Andrew: He has the same problem as Mr. Soave has. Mr. Shane: If he moves the S.D.D. license from B & N to this location he has moved that license therefore it no longer exists at the existing location. If he establishes a new S.D.D. at the new location and sells the other he would have a problem. Mr. Jaafar: I plan to close the old business and move. I am not selling anything. Mr. Shane: The Liquor Control Commission will not issue another license to this petitioner at this location unless it satisfies the City Ordinance. Until the other license is abandoned or moved then that license won't be issued by the Liquor Control Commission. Mr. Andrew: Could he sell it? Mr. Shane: Yes. Mr. Zimmer: Is there some condition we could put on this? Mr. Shane: You could condition your waiver use approval anyway you wish. There is a precedent for doing that in S.D.D. Mr. Zimmer: I find the site adequate to use an S.D.D. License. Mr. Shane: I suggest in your resolution that the City Council waive the 1000 foot requirement to approve the petition among other things. Where was no one else wishing to be heard regarding this petition. • a motion duly made by Mr. Zimmer, seconded by Mrs. Sobolewski, and unanimously adopted, 't was • 7663 #4-62-82 RESOLVED that, pursuant to a Public Hearing having been held on April 13, 1982 1[40 on Petition 82-3-2-7 by Jaafar K. Jaafar requesting waiver use approval to utilize an S. D. D. Liquor License -within a building proposed to be located on the southwest corner of Seven Mile and Farmington Roads in Section 9, the City Planning Commission does hereby recommend to the City Council that Petition 82-3-2-7 be approved subject to a waiver by the City Council of the 1,000 foot separation between S. D. D. licensed establishments as set forth in Section 11.03 of Zoning Ordinance #543, sub-section (r) (1) ; for the following reasons: (1) The subject property has the capacity to accommodate the proposal. (2) The approval of this requested waiver use will provide for the relocation of an SDD Licensed facility currently being utilized in the area and therefore will not add to the number of such facilities. (3) The proposed waiver use is in compliance with all of the specific and general standards and requirements set forth in Section 11.03 and 19.06 of Zoning Ordinance #543, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Naidow, Sobolewski, Falk, Zimmer NAYS: Kluver, Andrew • ' ABSENT: Morrow, Scurto, Vyhnalek Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. IMr. Falk announced the next item on the agenda is Petition 82-3-2-8 by Arthur E. Pulice • 1[0 requesting waiver Use approval to construct a one-story general office building on the north side of Five Mile Road between Hubbard and Fairfield in the Southwest 1/4 of Section 15. Mr. Zimmer: Mr. Pulice why have you changed your decision on the zoning? Mr. Pulice: It will give us a broader range to rent. It will be consistent with the neighboring area and still conform pretty much to the area. Mr. Zimmer: Your plans are contingent on this approval. You would not go through with the P. S. Mr. Pulice: It would be quite restrictive. Mr. Zimmer: What was it zoned when you bought it? Mr. Pulice: It was P.S. when we bought it. Mr. Zimmer: How long have you owned it? Mr. Pulice: Two years or so. Mr. Zimmer: Was there a gas station there? . Puiice: When we bought it the seller and City had an agreemtn. It was just condemed. Part of the deal was that the seller would remove the gas station in accordance with what the City wanted. They removed it. . • Andrew: They eliminated a great compaign headquarters. • 7664 Mr. Shane: Some years ago that site along with frontage west was rezoned from commercial to office. Mr. Kluver: Would this zoning conform with the master use plan? 1[; Mr. Shane: Yes. There was no one else present wishing to be heard regarding this petition. Mr. Andrew: This compressor location; is that the same location we talked about last week? It was supposed to be in the corner. Fred Armour: Because of the door of the building we couldn't put it right in the corner. You have to stay north of the walk. Mr. Andrew: Are you satisfied with landscape? Mr. Bakewell: Yes. Mr. Zimmer: Comment as to the wall does that mean petitioner will have property on both sidesof the wall. Mr. Andrew: His property includes the 6 feet. The property line is in the middle 1 of the 12 foot easement. Mr. Pulice: We plan to have the wall waived. 1 Mr. Zimmer:le What are the parking requirements of P.S. versus waiver use in General Office. Mr. Shane: P.S. permitted uses include architectural offices those kinds of professional and medical. Generally P.S. goes medical which calls for 1 space for 75 sq. ft. as opposed to general office which is 1 space for every sq. ft. Mr. Zimmer: If petitioner is interested in P.S. he would trade building for parking. Mr. Shane: If he puts more than one medical building there he needs a significant amount of parking. On a motion duly made by Mr. Kluver, seconded by Mrs. Naidow, and unanimously adopted, it was #4-63-82 RESOLVED that, pursuant to a Public Hearing having been held- April 13, 1982 on Petition 82-3-2-8 by Arthur Pulice requesting waiver use approval to construct a one-story general office building on the north side of Five Mile Road between Hubbard and Fairfield in the Southwest 1/4 of Section 15, the City Planning Commission does hereby recommend to the City Council that Petition 82-3-2-8 be approved subject to the following conditions: (1) that the Site and Landscape Plan dated 4/7/82, revised, prepared by Affiliated Engineers, Inc., which is hereby approved shall be adhered to; IL (2) that the landscaping as shown on the approved Site and Landscape Plan shall be installed prior to the issuance of a Certificate of Occupancy and thereafter permanently maintained; 7665 (3) that the Floor Plan marked 82D-564, Sheet 2, dated 2/10/82, prepared by Affiliated Engineers, Inc., which is hereby approved shall be adhered to; (4) that the Building Elevation Plan marked 82D-564, Sheet 3, dated 2/14/82, prepared by Affiliated Engineers, Inc. , which is hereby approved shall be adhered to; and (5) that, should the required protective walls be waived, in whole or in part, by the Zoning Board of Appeals, the Landscape Plan shall be revised by adding additional greenbelt plantings in lieu of the protective walls and such revision shall be approved by the Planning Commission; for the following reasons: (1) The subject site has the capacity to accommodate the proposed use. (2) The proposed general office use is compatible to and in harmony with the surrounding uses in the area. (3) The proposal is in compliance with all of the specific and general standards and requirements set forth in Section s 9.03 and 19.06 of Zoning Ordinance #543, as amended. . (4) The proposal provides generous site amenities and sensitive building design which will be in harmony with and compatible to other such buildings and uses in the area as well as with abutting residential uses. FURTHER RESOLVED that, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments as listed [Mr. in the Proof of Service.Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 82-4-2-9 by George LaForest requesting waiver use approval to locate a transmission repair business within an existing building located on the south side of Plymouth Road between Wayne and Yale in the Northwest 1/4 of Section 33. Mr. Shane: We have a letter from Engineering. Mr. Andrew: Petitioner has resolved some of thosedifficulties we had at the study meeting. Mr. Shane: There are bumper blocks, screened trash enclosure, amount of maximum cars placed in storage area, prohibits outdoor storage of scrap parts, etc. Mr. Zimmer: The exterior block walls to be repainted what color? Mr. LaForest: Same earth tones as building next door. 32320 Cambridge Mr. Zimmer: I would recommend that all exterior block walls be repainted the same color as building immediately to the east. Replace all over head doors and paint and scrape windows. I would like a condition added to include replacing. the overhead doors and scraping and painting the windows. 7666 Mr. Falk: The dumpster will have a 6-foot privacy fence. Mr. Shane: It will never be seen by the public because it is in the storage area. Mr. Andrew: Could you give a copy of the standard detail for fencing for dumpster? There was no one else present wishing to be heard on this petition. 1[0 Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mrs. Sobolewski, seconded by Mr. Kluver, and unanimously adopted, it was #4-64-82 RESOLVED that, pursuant to a Public Hearing having been held on April 13, 1982 on Petition 82-4-2-9 by George LaForest requesting waiver use approval to located a transmission repair business within an existing building located on the south side of Plymouth Road between Wayne Road and Yale in the Northwest 1/4 of Section 33, the City Planning Commission does hereby recommend to the City Council that Petition 82-4-2-9 be approved subject to the following conditions: (1) that the Site and Landscape Plan marked 82D-565, Sheet 1, dated 4/7/82, revised, prepared by Affiliated Engineers, Inc. , which is hereby approved shall be adhered to; (2) that the landscaping shown on the approved Site and Landscape Plan shall be installed prior to the issuance of a Certificate of Occupancy and thereafter maintained in a healthy condition; IL (3) that the building elevation and floor plan marked 82D-565, Sheet 1, dated 4/7/82, revised, prepared by Affiliated Engineers, Inc. , which is hereby approved shall be adhered to; (4) that the maximum number of vehicles to be accommodated at any one time in the storage area shall be twenty five (25) ; (5) that there shall be no outside storage of new parts, used or scrap parts or unlicensed vehicles on the premises; (6) all exterior block walls be repainted the same color as building immediately to the east. (7) all overhead doors to be replaced and windows scraped and repainted; and (8) that any lights to be placed on the building or elsewhere on the site shall be shielded or placed so as not to shine toweard abutting residential uses; for the following reasons: (1) The subject site has the capacity to support the proposed use. (2) The proposed use is compatible to and in harmony with the surrounding - uses in the area. or ...-✓---- 7667 (3) The proposed use is in compliance with all of the specific and general waiver use standards and requirements set forth in Section 11.03 and 1[: 19.06 of Zoning Ordinance #543, as amended. (4) The proposal will provide for the use of and upgrading of a vacant commercial building as well as good site amenities, all of which will substantially upgrade the site and provide a needed commercial service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Zimmer and adopted, it was #4-65-82 RESOLVED that, pursuant to a Public Hearing having been held on April 13, 1982 on Petition 78-2-6-3 by the City Planning Commission to amend Section 11.03, Waiver Uses within the C-2 Zoning District, by amending the present stands and adding new standards for gasoline service stations, restaurants, new and used car lots and showrooms, new or used mobile home sales; open air sales, display and/or rental of utility trailers and buildings of 30,000 square feet or more, the City Planning Commission does hereby recommend to the City Council that Petition 78-2-6-3 be approved for the following reason: (1) This amendment will give the City additional control over the size, placement and nature of several waiver uses listed in the C-2 District regulations of the Zoning Ordinance. FURTHER RESOLVED that, notice of the above Public Hearing was given according 10 to Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia. f roll call vote on the foregoing resolution resulted in the following: i AYES: Kluver, Naidow, Sobolewski, Falk, Zimmer NAYS: Andrew ABSENT: Morrow, Scurto, Vyhnalek Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 81-2-6-3 by the City Planning Commission pursuant to Section 23.01(b) of Zoning Ordinance #543, to amend Article XII of Ordinance #543 by adding Section 12.03, Special Uses,. to the P.L. District Regulations. Mr. Shane: We have a letter from Dr. Garver. Carol Strom: We do concur with the things Dr. Garver states in his letter. We appreciate your time. Mr. Zimmer: The language which we have adopted allows the petitioner a waiver use from P.L. to come before us and within two meetings time could resolve an issue. I think that eliminating the public hearing we have handled the question very cleanly for the. I feel we recognize the needs of school board to get it done in a hurry and protect our needs to look at property in some consistent fashion. What is the fee for filing waiver use petition? t Mr. Shane: No fee. This is a special use. 7668 There was no one else present wishing to be heard regarding this petition. 170 Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mr. Kluver, seconded by Mr. Zimmer, and unanimously adopted, ' it was #4-66-82 RESOLVED that, pursuant to a Public Hearing having been held on April 13, 1982 on Petition 81-2-6-3 by the City Planning Commission pursuant to Section 23.01(b) of Zoning Ordinance #543, to amend Article XII of Ordinance #543 by adding Section 12.03, Special Uses,'. to the P.L. District regulations, the City Planning Commission does hereby recommend to the City Council that Petition 81-2-6-3 be approved for the following reasons: (1) The proposed Zoning Ordinance language will accommodate limited alternative uses for vacant public school buildings while, at the same time, provide the City maximum control over their location and nature. (2) This proposed Zoning Ordinance amendment has been approved by the Department of Law. FURTHER RESOLVED that, notice of the above Public Hearing was given according to Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 4 On a motion duly made by Mrs. Naidow, seconded by Mr. Kluver, and unanimously adopted, 1 it was /#4-67-82 RESOLVED that, pursuant to Council Resolution #989-80 regarding Petition 79-5-3-4 by the City Planning Commission pursuant to Council Resolution #241-79 requesting to vacate a 10' wide public walkway easement located south of Five Mile Road between Melvin Avenue and Algonquin Park in the Northeast 1/4 of Section 23, and having held a public hearing on June 5, 1979, the Planning Commission does hereby reaffirm its recommendation that Petition 79-5-3-4 be denied, said recommendation being contained in Planning Commission Resolution #6-75-79. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mrs. Naidow, and unanimously adopted, it was #4-68-82 RESOLVED that, the minutes of the 430th Regular Meeting held by the City Planning Commission on March 30, 1982, be approved. AYES: Kluver, Naidow, Falk, Andrew, Sobolewski, Zimmer NAYS: None ABSENT: Morrow, Scurto, Vyhnalek Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. • On a motion duly made by Mr. Zimmer, seconded by Mr. Kluver, and unaniriously adopted, it Fal 7669 4-69-82 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning 1!: Ordinance of the City of Livonia, as amended by Ordinance #1567, the City Planning Commission does hereby recommend to the City Council that Petition 82-3-8-7 by Marcello & Silvio Building Company requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to construct a medical building on the west side of Farmington Road, north of Five Mile Road in Section 16, be approved subject to the following conditions: (1) that Site Plan 26-2-82, Sheet 1, dated 2/26/82, prepared by Marcello & Silvio Building Company, which is hereby approved shall be adhered to including those conditions set forth in the Zoning Board of Appeal Case No. 8203-28; (2) that the Building Elevations as shown on Plan 26-2-82, Sheet 2, dated 2/26/82, prepared by Marcello & Silvio Building Company, which are hereby approved shall be adhered to; (3) that the landscaping as shown on the approved Site Plan is approved including a lawn sprinkling system and shall be installed on the site before building occupancy is granted; and � - (4) that any proposed ground sign shall be approved by the City Planning Commission. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 82-3-8-9P by A.C.Trost & 1[0 Associates requesting approval of all plans required by Section 18.58 of Zoning Ordinance #543, as amended by Ordinance #1567, submitted in connection with a proposal to remodel an existing building located on the south side of Plymouth Road between Farmington and Stark Roads in Section 33. Mr. Andrew: What about the area behind the building. Mr. Bakewell: Install a planter with evergreen trees in it. Grade between the ice- cream store and his is about 18 inches higher. Whether the grade will change when parking lot is paved we will have to wait for Engineering. There will be a 10 foot wide greenbelt to the dumpster. That should be a deterrent. Handicapped spots have changed. Mrs. Sobolewski: Landscape plan change? Mr. Bakewell: Originally the variety and size of the plantings were not spelled out. I met with Mr. Trost and now the plan specifies the type of trees, size, variety, etc. Mrs. Sobolewski: No more than originally shown; just identified them. Mr. Kluver: Irrigation system shown on site plan? . Shane: Yes. There was no one else present wishing to be heard regarding this petition. in a motion duly made by Mr. Kluver, seconded by Mrs. Sobolewski, and unanimously adopted, t was or 7670 #4-70-82 RESOLVED that, pursuant to Section 18.58 of Ordinance #543 the Zoning Ordinance I: of the City of Livonia, as amended by Ordinance #1567, the City Planning Commission does hereby recommend to the City Council that Petition 82-3-8-9P by A.C. Trost & Associates requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to remodel an existing building located on the south side of Plymouth Road between Farmington and Stark Roads in Section 33 be approved subject to the following conditions: (1) that the Site Plan prepared by A.C. Trost & Associates, Sheet 5, which is hereby approved shall be adhered to; (2) that the Building Elevations as shown on Sheet 1 of drawings prepared by A.C. Trost & Associates, which are hereby approved shall be adhered to; (3) that the landscaping shown on Sheet 5 which is hereby approved shall be installed on site when the site improvement and building renovations are completed and thereafter permanently maintained in a healthy condition; and (4) that any signs proposed to be placed on the site shall be approved by the Planning Commission. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. . Mr. Andrew announced that Petition 82-3-8-8 by Eddie E. Ayyash requesting approval of all plans required by Section 18.47 of Zoning Ordinance #543, as amended by Ordinance #1567, submitted in connection with a proposal to remodel an existing building located on the west side of Farmington Road, south of Five Mile Road in Section 1[ req21, is off the agenda. '11r. Falk announced the next item on the agenda is Petition 82-3-8-6P by Richard Gallagher 4 uesting approval of all plans required by Section 18.58 of Zoning Ordinance #543, as amended by Ordinance #1567, submitted in connection with a proposal to construct a medical office building on property located on the north side of Joy Road between Inkster Road and Cardwell in Section 36. Mr. Andrew: Is there a pad on transformer? Mr. Bakewell: It is screened. No outside storage of trash. Mr. Zimmer: Are those grade lines higher or lower than the sidewalk behind the big . tree. Mr. Bakewell: Grade at the tope of this is 100 but driveway goes down. Mr. Zimmer: Grade behind big tree. Mr. Bakewell: One foot higher than sidewalk. On a motion duly made by Mr. Kluver, seconded by Mr. Zimmer and unanimously adopted, it was #4-71-82 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #1567, the I City Planning Commission does hereby approve Petition 82-3-8-6P by Richard „H Gallagher requesting approval of all plans submitted in connection with a proposal to construct a medical office building on property located on the north side of Joy Road between Inkster Road and Cardwell in Section 36, subject to the following conditions: 7671 • (1) that Landscape Plan #292, Sheet L-1, dated 4/12/82, prepared by I: Bi-Con Construction, which is hereby approved shall be adhered to; and (2) that the approved landscaping shall be installed on the site before the building is occupied and thereafter permanently maintained in a healthy condition. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 431st Regular Meeting and Public Hearings held by the City Planning Commission on April 13, 1982 were adjourned at 10:10 p.m. CITY PLANNING COMMISSION GG�e:/� Jo ph J alk Secretary 0 e i r ATTEST: ' � Daniel R. Andrew, Chairman / t1a I