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HomeMy WebLinkAboutPLANNING MINUTES 1983-05-17 7912 MINUTES OF THE 455th REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 17, 1983, the City Planning Commission of the City of Livonia, held its 455th 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 60 interested people in the audience. MEMBERS PRESENT: Judith Scurto Daniel R. Andrew Jerome Zimmer Sue Sobolewski Donna Naidow Donald Vyhnalek Herman Kluver Lee Morrow ABSENT: Joseph J. Falk 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 Hearing and decide the question. If a petition involves a waiver use approval, 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. Mrs Scurto, Acting Secretary, announced the first item on the agenda is Petition 83-4-1-10 by Columbus Development Company, Inc, to rezone property located on the north side of Schoolcraft Road between Richfield and Hix in the Southeast 1/4 of Section 19, from R-1 to P.S. Mr. Nagy: We have a letter dated April 21, 1983 from Gary Clark, Engineering. Mr. Andrew: Is this an outlot? Mr. Nagy: This is a remant parcel left over from the State Highway take to widen the expressway. Mr. Andrew: Is the petitioner present or his representative? Petitioner nor his representative were present at the meeting. Lawrence Peploski, 13997 Sussanna Court, Livonia: The residents of Castle Gardens are opposed to the granting of this rezoning. We feel it would in- crease and worsen the traffic situation which is already bad enough in that area. It would be too noisy and degrade the value of our property. There is a bad curve there and there are many accidents a already. To put a parking lot thele we would increase traffic problems. I would like to submit this letter from the residents in the area IL, opposing the petition. Mr. Andrew: There are approximately 50 names here and we will make it part of the public record. 7913 Mr. Peploski: I am speaking on behalf of the residents in the area but not in behalf of the Civic Association. Jerome Radtke, 37750 Schoolcraft, Livonia: I am opposed to the rezoning. My name is not on the list. The traffic situation here is very bad and would only be intensified. Mr. Zimmer: How do you take access to your place? Mr. Radtke: Off the service drive. The only way this petition would work is they would need a 1/2 mile long ramp. I have seen many traffic problems here. We have seen people going down the wrong way. The last exit ramp is my driveway. I have to be careful turning in to the driveway. I have had close calls two or three times this month driving into my driveway with cars almost rear ending my car. R. ,Burkeheiser, 38157 Summers, Lovonia: I signed the petition._ I have been here for twenty years. When we bought here no one told us a freeway would be put in. We put up with a mess during that construction period. We had noise and sand and dirt constantly. We don't need anymore noise. We have been maintaining that lot for six years. The kids use it as a park. The state owns it and they do not maintain the lot so we do. We were told it was going to be used as a park quite a while ago. I don't recall'who told us. Audience: It was mentioned in the newspaper. Mr. Morrow: Has the petitioner contacted anyone in the neighborhood. Audience: No. Mr. Morrow: That is not required but sometimes our petitioners do. Ir. Zimmer: Who has ownership of this property. Mr. Nagy: Columbus Development has ownership and Thomas Celani is President as shown on the rezoning application Mr. Andrew: How long have they owned it? Mr. Nagy: I don't know. Bruce MacDonald, 38127 Summers, Livonia: The state has had the property up for auction a few years ago. I believE it was purchased last July. Mr. Vyhnalek: Do children play there? Mr. Peploski: They play ball there. Mr. Vyhnalek: Is this property feasible for homes? Mr. Peploski: Possibly two or three comparable to our homes could be built there. Mr. Zimmer: With the traffic situation there I am not sure that it would attract buyers. Mr. Vyhnalek: Columbus Development owns it now. They will try to build something. Mr. Peploski: We have plenty of office space still vacant on the south side. There is no need for this complex in this area. 7914 W. Judowikis, 38237 Summer, Livonia: My kids play at the site quite a bit. It is a nice greenbelt. It would ILIP; be a shame to put parking there. We have a lot of trucks. They down shift there. The trees break up the noise. Take those trees down and the noise will be terrible. The noise level is high there. I think it should be measured. We don't need anymore noise. Mr. Burkeheiser: What does petitioner plan to build there? Mr. Andrew: Petitioner is not here to help us on that issue. Mr. Nagy: The rezoning petition states professional offices. Jack MacDonald, 37995 Summers, Livonia: It is quite odd they are not here. They have invested money here and they are not represented. There are enough of us concerned that did come tonite. This would create a traffic hazard off expressway at Newburgh exit. It tapers down to two lanes where the property is. It is like a race track now. I can't see what we would gain by all this extra noise. If they want to build homes like ours I can't see anything wrong with that. Mr. Zimmer: Again, I am not sure on the suitability of R-1. There was no one else present wishing to be heard regarding this petition. On a motion duly made by Mrs. Scurto, seconded by Mrs. Sobolewski, it was RESOLVED that, pursuant to a public hearing having been held on May 17, 1983 on Petition 83-4-1-10 by Columbus Development Company, Inc. , requesting to rezone property located on the north side of Schoolcraft Road between Richfield and Hix in the southeast 1/4 of Section 19, from R-1 to P.S. , the City Planning Commission does hereby determine to table Petition 83-4-1-10 until May 24, 1983. A roll call vote on the foregoing resolution resulted in the following: AYES: Scurto, Sobolewski, Vyhnalek NAYS: Kluver, Morrow, Naidow, Zimmer, Andrew ABSENT: Falk Mr. Andrew, Chairman, declared the motion failed. On a motion duly made by Mr. Kluver, seconded by Mr. Zimmer and unanimously adopted, it was #5-84-83 RESOLVED that, pursuant to a Public Hearing having been held on May 17, 1983 on Petition 83-4-1-10 by Columbus Development Company, Inc. , requesting to rezone property located on the north side of Schoolcraft Road between Richfield,and Hix in the Southeast 1/4 of Section 19, from R-1 to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 83-4-1-10 be denied for the following reasons: (1) The proposed change in zoning is not in conformance with the Future Land Use Plan of the City of Livonia as adopted by the City Planning Commission. (2) The uses that would be permitted by the proposal change in zoning are not compatible to or in harmony with the surrounding and established uses of the area which are all residential. 7915 (3) The increase in traffic that would be generated by the proposed change in zoning would be hazardous to the area as the neigh- boring area is already overburdened by traffic. kb; FURTHER RESOLVED that, notice of such hearing shall 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. Mrs. Scurto, Acting Secretary, announed the next item on the agenda is Petition 83-4-1-11 by John N. Colluci to rezone property located on the west side of Farmington Road between Plymouth and Orangelawn in the Northeast 1/4 of Section 33, from RUF to P.S. Mr. Nagy: We have a.. letter dated April 13, 1983 from Engineering. John Colucci, Attorney, 22-25 Grand River, Detroit: I would like to move my law office from northwest Detroit to this location. My usewould not be inconsistent with the others already there. I will occupy the building with three others. I don't think it would be a detriment to the area. Mrs. Scurto: You are moving in to the St. Cyr house or office? Mr. Colucci: House. Mrs. Scurto: The office is directly north of this. Mr. Colucci: Yes. Mr. Morrow: Do you presently own it or have an option? Mr. Colucci: I have an agreement to purchase subject to rezoning. Mr. Morrow: Are you from Livonia? Mr. Colucci: No, West Dearborn. My partner's family was from Livonia and he is looking for a home here. Mrs. Naidow: Do you plan any addition. Mr. Colucci: No. The building appears to be on office building in disguise rather than a home. I plan to change nothing. I will have three attorneys and two girls. I should have ten parking spots. That will be adequate. For the past eighteen years I have had my clients use metered parking on Grand River. We are in court quite alot. Our appointments are scheduled an apart and our clients are in and out quickly. I foresee no problem with the parking situation. If I did I certainly would remedy it. 1[0We could go further into the property. I do not wish to interfere with the landscaping or trees. There was no one else present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. 7916 On a motion duly made by Mr. Morrow, seconded by Mr. Vyhnalek, and unanimously adopted, it was #5-85-83 RESOLVED THAT, PURSUANT TO A Public Hearing having been held on May 17, 1983 on Petition 83-4-1-11 by John N. Colucci requesting to rez one property located on the west side of Farmington Road south of Plymouth Road in the Northeast 1/4 of Section 33, from RUF to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 83-4-1-11 be approved for the following reasons: (1) The proposed change of zoning complies with the Future Land Use Plan of the City of Livonia. (2) The proposed zoning will provide for uses that are compatible and in harmony with the surrounding and established uses of the area. (3) The proposed change of zoning is a minor expansion of nonresidential zoning in the area. (4) The site has the capacity to accommodate the intended use of the propert; and the uses that would be permitted by the change of zoning. FURTHER RESOLVED that, notice of such hearing shall 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 ILO adopted. Mrs. Scurto announced the next item on the agenda is Petition 83-3-1-10 by Thomas Schoun requesting waiver use approval to expand an existing business located on the north side of Eight Mile Road between Osmus and Merriman in the Northeast 1/4 of Section 3. Mr. Nagy: We have a letter from Gary Clark, Engineering. Mr. Andrew: Has the petition gone before the Zoning Board of Appeals? Mr. Nagy: Yes. Mr. Nagy read the ZBA resolution. Thomas Martone, Architect, representing petitioner was present. Mr. Andrew: Does your client presently own the site? Mr. Marone: Yes. Mr. Andrew: How long? Mr. Martone: May 3, 1982. Mr. Andrew: He has engaged in the self serve gas station from that time? fh, Mr. Martone: Yes. Mr. Andrew: Why does he want to add a pantry? Mr. Martone: To make this a viable business venture. It is marginal now. There is a market for a combination convenience store and gas station. 7917 Mr. Andrew; Is there a similar location nearby? Mr. Martone: Yes, one at Ann Arbor Trail and Mill called Pump and Pantry. There is another in Ann Arbor. Mrs. Scurto: In your other operations is there more pantry than pump? Mr. Martone: Each location is different depending on what is there when we go in. If the pumps are available then we utilize more pumps. The self serve gas station takes up a small portion of the operation. More room - is devoted to the pantry operation due to the type of operation that it is. We need more area to display all the products. Mrs. Scurto: I find this proposal overwhelming. The parking facilities are not • adequate to accommodate such a venture. I do not agree with the gas and pantry concept. Soon Farmer Jack will be coming in to put a gas station in front of their operation. Mr. Kluver: I understand Gulf is leaving Michigan. Mr. Martone: That is true. Gulf has other brands. We will continue to operate under a name brand. Mr. Andrew: Has the staff had an opportunity to review the revised plan? Mr. Nagy: We do not have the revised plan. Mr. Andrew: Did the Zoning Board of Appeals request relocation of dumpster? Mr. Nagy: Adjacent to the building on a separate pad and shielded. Mr. Andrew: Will parking spots be gained or lost? Mr. Nagy: Lost. Mr. Andrew: What is the closest party store around there? Mr. Nagy: - There are a few within a mile. One at Eight Mile and Farmington and one at Seven Mile and Merriman. Mr. Andrew: This is a major road into the City. I am displeased with the location of this combination gas and grocery store. • 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. Scurto and unanimously adopted, it was 1[0 #5-86-83 RESOLVED that, pursuant to a public hearing having been held on May 17, 1983 on Petition 83=3-2-10 by Thomas P. Schoun requesting waiver use approval to expand an existing business located on the south side of Eight Mile Road between Merriman and Osmus in the Northeast 1/4 of Section 3, the City Planning Commission does hereby recommend to the City Council that Petition 83-3-2-10 be denied for the following reasons: (1) The petitioner has failed to affirmatively show that the proposed 7918 (2) The location and size of the proposed uses, the nature and intensity of the principal uses, the site layout and its relation to streets giving access to it will be such that traffic to and from the site will be hazardous to the neighborhood since it will unduly conflict with normal traffic of the area. (3) The proposal is in non-compliance with Section 18.37 of Zoning Ordinance #543 which requires offstreet parking spaces to be ten (10) feet in width. (4) The proposed uses will be incompatible with and detrimental to the surrounding uses in the area. (5) The site does not have the capacity to support the proposed expansion • in use as evidenced by the variances that were needed from the standards of Zoning Ordinance such as deficient side yard and deficient lot area. FURTHER RESOLVED that, notice of such hearing shall be given as provided in Section23.05 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. Mrs. Scurto announced the next item on the agenda is Petitiion 83-4-2-11 by Merritt and Mc Callum for Christ Our Saviour Lutheran Church requesting waiver use approval to construct an addition to an existing church located on the west side of Farmington Road between Lyndon and Schoolcraft Service Drive in the Southeast 1/4 of Section 21. Mr. Nagy: We have a letter from Engineering dated April 13, 1983 from Gary Clark. Mr. McCallum, Architect, 33750 Freedom Road, Farmington: We would like to add 12,000 square feet to the west end of the church for use as a Sunday school, offices, toilets, kitchen, and multi-purpose room. Mr. Zimmer: What is the current size of the Church? Mr. McCallum: Approximately 8,000 square feet. Mr. Andrew: Are you adding some parking? Mr. McCallum: 15 to 20 spots will be added. Mr. Vyhnalek: Will you lose any? Mr. McCallum: No the addition is onto the non-parking area. 1:10 Mr. Andrew: No deficiencies on the site plan? Mr. Nagy: No, deficiencies. Mr. Zimmer: Are there any windows facing the baseball field? Mr. McCallum: Very few. 7919 Mr. Zimmer: I am somewhat displeased with what the addition does to the church. It seem overwhelming, this two story addition. Mr. McCallum: The addition is 24 feet high and the church is in the foreground. Everything will match the church. We will have scored block on the multi purpose room. Mr. Andrew: Have you seen the block? Mr. Nagy: I am familiar with it. Mr. Andrew: Where is it used now? Mr. McCallum: At the multi-plex site to the south and on Schoolcraft. Mr. Andrew: Do you plan on painting it? Mr. McCallum: It depends on what materials are available. We may go with a prestained one. Mr. Andrew: We are concerned with maintainance. I feel the prestained might be better. Mr. McCallum: Not all the time. That doesn't always accomplish that. We are looking for the same thing, something maintainance free. It will depend on what is available. Mr. Andrew: We change from brick to block on the north. Mr. McCallum: Yes. Mrs. Scurto: I am awed with the way the church maintains the grounds and handles the traffic on Sunday. I hope who will continue to do a fine job. Mrs. Sobolewski: . This is a very nice looking site. Any additional landscaping? Mr. McCallum: Yes along the north side of multi purpose room and some at the entrance. Mr. Andrew: Any problems with the landscaping? Mr. Nagy: No. Mr. Vyhnalek: Is there parking at the west edge of building. Mr. Mc Callum: That is the landscaped area. Sometime in the future we may want another addition. There was no one else wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Vyhnalek, and unanimously adopted it was #5-87-83 RESOLVED that, pursuant to a Public Hearing having been held on May 17,7920 1983 on Petition 83-4-2-11 by Merrit & McCallum for Christ Our Saviour Lutheran Church requesting waiver use approval to construct an addition to the existing church located on the west side of Farmington Road between Lyndon an( Schoolcraft Service Drive in the Southeast 1/4 of Section 21, the City Planni: Commission does hereby recommend to the City Council that Petition 83-4-2-11 be approved subject to the following conditions: (1) that Site and Landscape Plan as prepared by Merritt & McCallum revised 5/16/83, which is hereby approved shall be adhered to and that the landscaping as shown thereon shall be installed on the site before issuance of an occupancy permit for the new addition; (2) that Building Elevation Plans prepared by Merritt & McCallum, revised 5/16/83, which are hereby approved shall be adhered to and that the special scored block as shown on the plans shall be color coordinated with the face brick used on the existing structure. FURTHER RESOLVED that, notice of such hearing shall 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. Mrs. Scurto announced the next item on the agenda is Petition 83-4-2-13 by Daniel kle M. Robin requesting waiver use approval to utilize an SDD license in connection with a party store proposed to be located on the southeast corner of Plymouth Road and Levan in the Northeast 1/4 of Section 32. Mr. Nagy: We have a letter from Engineering. Mr. Andrew: The number of licenses in the City of Livonia for SDD use is controlled by the State of Michigan. How many are available? Mr. Nagy: Three are left according to the City Council. Mr. Zimmer: Is that based on population? Mr. Nagy: One for every 3,000 people. Conrad Stauch, Attorney: My client meets all the requirements required by the Ordinance. Mr. Zimmer: The intent of this new building is as a party store. Mr. Stauch: It will be a deli, imported beer and wine. It will be 5,000 square feet. My client leases the property. The owner is present. Mr. Zimmer: Is the SDM critical? fire Mr. Stauch: Yes. Mr. Andrew: Could you live without the SDD? • 7921 IL Mr. Stauch: The SDD would be beneficial. I suppose we might be able to do without \I; it but we feel it would be better. My client complies with all the rules and regulations. He has business expertise in that area. He has been in the same business in Royal Oak with his partner and they have never had violations. They do not sell to minors. He will have a total investment of $600,000 here and will employ 6 or 7 Livonia residents. Mr. Andrew: Will your client continue to operate the other store? Mr. Stauch: His partner will. Mrs. Scurto: Are the pumps and tanks removed? Mr. Stauch: Yes. Mr. Vyhnalek: What about the light fixtures in the islands? Mr. Stauch: They will be removed. There will be new blacktop. Mr. Vyhnalek: Originally weren't you going to remodel store? Mr. Stauch: No, it was to be demolished. kI0 Mrs. Sobolewski: How close are you to occupying the building? Mr. Stauch: 60 to 90 days. Mrs. Sobolewski: Store hours? Mr. Stauch: 9 a.m. to 10 p.m. Monday thru Friday and 9 a.m. to 11 p.m. on Saturday and 9 a.m. through 6 p.m. on Sunday. Mrs. Scurto: Would a different approach be needed for remodeling versus starting from scratch. Mr. Nagy: No. Mr. Andrew: Emanuel Daniel is the owner? Mr. Stauch: Yes. Mr. Andrew: What about sign? Mr. Nagy: The Zoning Board of Appeals approved a freestanding sign. Mr. Andrew: What kind of signage does your client want? Mr. Stauch: Whatever complies with the Ordinance. tie in Mr. Andrew: I would like to see no signs placed/window of building. Mr. Vyhnalek: Could the Council pass the one petition and put one in Committee of the Whole? Mr. Nagy: Yes. 7922 Iklope Mr. Alan Helmkamp, 16832 Newburgh, Livonia; I represent Frank Kapoatchi from Bonanza Party store. There are enough party stores in the area. There is the Mai Kai, Cunningham, Quik Pik, Stan's, Apex. There is no need for this store. I have a petition from 60 people in the adjoining residential area opposing further liquor licensing. My client would like to speak further on this issue. Mr. Kapoatchi, Bonanza Wine, Livonia: In a one mile radius from Plymouth and Levan I counted 14 SDM and 6 SDD licenses. That is about 14 stores. That will adequately serve the people needs. There has been no growth in the residential area. There is no growth in the industrial area. There are many layoffs. Everything is shrinking. Customers are fewer. There is severe price cutting. Without profits we can't maintain our high standards. I also have large investment here. My investment is well over $250,000. It takes million to support an operation of that size. I am sure he can run a store. I don't know where the business is going to come from in this area. The general public will suffer in the long run. No profits then places close up. That looks bad. With customer decline, we can't support local charity groups like little league, et. We can't maintain our current level of employment. Some business may have to close. I oppose any SDM or SDD license here. Mr. Helmkamp: Mr. Stauch indicated that his client could function with the SDD. Sometimes petitioners ask for more when in reality he only wants one thing. Alan Drake: I have nothing against alcoholic beverages. Since July, 1957 we have had more burglaries in the area. Easy access to beer and wine from Hines Park could lead to trouble for the area residents. People might come from the park to get their beer and wine and then rather than go right back get into some kind of mischief on the way back. There are at least 10 saloons and 10 party stores in the area. We have enough alcolholic beverage places now. Plymouth and Levan is a bad spot. We have enough accidents there now. Ford Motor traffic comes around there like crazy no We will have worse traffic problems. I think you should worry about what the people here think and not about signs. Mark Van Peursem, 36050 Leon: I got a letter that my backyard was to be torn up for the main sewer. Wednesday morning my drains were backing up. I have a big hole in the backyard. The fence is torn down, no barriers were put up. I called the City and no one called them to get necessary dig permits. The entire day was spent repairing the broken line. I was assured by petitioner everything would be repaired and my yard is still• a mess. If he conducts his business in the manner I have seen regarding the sewer I don't think it would be very dependable. I lease this home now but I would not be interested in purchasing it with a party store selling liquor there. The trees are down and it looks terrible. Before it was quite shaded. fhw Mr. McIntyre, 36996 Leon: I don't think the area can tolerate any more traffic. . The factory people at lunch time will be racing out and there will be more accidents. 7923 Mrs. Larsen: 36044 Leon 11411110; In addition there is a church that is located on Van Court and Levan. Mr. Nagy: The church is over 500 feet away. Mr. Jafar: Mai Kai Party Store We have enough liquor licenses. Too many accidents. Mr. Stauch: We hired a licensed contractor for the sewer work. That should be no reflection on how my client conducts business. We had difficulty with the contractor. He had difficulty with the soil. We will remedy the situation with the gentleman's backyard and we have told him so. The State of Michigan feels that 1,000 feet is adequate separation for SDD licenses and my client meets all the restrictions. There was no one else wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this petition closed. On a motion duly made by Mr. Zimmer, seconded by Mr. Kluver, it was #5-88-83 RESOLVED that, pursuant to a public hearing having been held on May 17-, 1983 on Petition 83-4-2-13 by Daniel M. Robin requesting waiver use approval to utilize an SDD license in connection with a party store proposed to be located on the southeast corner of Plymouth and Levan Roads in the Northeast 1/4 of Section 32, the City Planning Commission does hereby recommend to the City Council that Petition 83-4-2-13 be denied for the following reasons: (1) The petitioner has failed to affirmatively show that the proposed use is in compliance with the general waiver use standards and requirements set forth in Section 19.06 of Zoning Ordinance #543. (2) The proposed use is contrary to the spirit and intent of the Zoning Ordinance which, among other things, is to promote and encourage a balance and appropriate mix of uses and not over saturate an area wit similar type uses as is being proposed. (3) The added traffic that would be generated by this additional use would .be detrimental to the neighborhood. (4) Section 1.02 of the Zoning Ordinance states that comprehensive plan of this ordinance is for the purpose of promoting public health, saftey, etc. and safeguarding economic structure upon which the good of all depends and therefore this proposed use violates this provision of the ordinance. FURTHER RESOLVED that, notice of such hearing shall be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended. flow A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Naidow, Sobolewski, Vyhnalek, Zimmer, Andrew NAYS: Morrow, Scurto ABSENT: Falk w 7924 li\10 ,0, Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution is adopted. Mrs. Scruto announced the next item on the agenda is Petition 83-4-2-14 by Scott Grace requesting waiver use approval to construct an addition to an existing restaurant located on the north side of Plymouth Road and west of Merriman Road in the Southeast 1/4 of Section 27. Mr. Nagy: We have a letter from engineering. Mr. Grace, 15420 Auburndale: I need additional space. I will put in a full service salad bar and I plan to improve the exterior of the restaurant. Mr. Andrew: Is there additional landscaping on Plymouth right of way? Mr. Nagy: The revised site plan indicated additional landscaping as recommended by the Zoning Board of Appeals and Planning Staff. Mr. Andrew: Are you satisfied. Mr. Nagy: Yes. Mr. Vyhnalek: Are you still maintaining drive-in portion? koo, Mr. Grace: Yes, we will have 14 speakers and 28 curb spots. We are taking away a few speakers. We are moving front door to southeast corner of building. Mr. Vyhnalek: What percentage is drive-in? Mr. Geace: 35% in summer and 20% in the winter. James Rossman, 333 Doubloon, No. Fort Myers, Fl. I am.. in favor of the expansion. I am pleased to note that the Taco Bell did succeed although there was a great deal of talk that two restaur could not sit side by side and they prove you wrong. I hope you will remember that. I have noted in the past four years a great deal of opposition to restaurants in this area. I do not agree with that. One person that owns a parcel here was not notified. There was no one else wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mrs. Scurto, seconded by Mrs. Naidow, and unanimously adopted, it was #5-89-83 RESOLVED that, pursuant to a Public Hearing having been held on May 17, 1983 on Petition 83-4-2-14 by Scott Grace requesting waiver use approval to construct an addition to an existing restaurant located on the north side Plymouth Road west of Merriman in the Southeast 1/4 of Section 27, the City Planning Commission does hereby recommend to the City Council that Petition 83-4-2-14 be approved for the following reasons: 7925 (1) that the site plan dated 5/6/83, as revised, prepared by Richard A. Zischke, Architect, which is hereby approved 111%1114; shall be adhered to; (2)that the building elevation plan dated 5/6/83, prepared by Richard A. Zischke, Architect, which is hereby approved shall he adhered to; (3) that the Floor Plan dated 5/6/83, prepared by Richard A. Zischke, Architect, which is hereby approved shall be adhered to; (4) that the landscaping as shown on plan prepared by Harold Thomas Nursery shall be installed before the issuance of the Certificate of Occupancy and thereafter permanently maintained. for the following reasons: (1) The subject site has the capacity to support the proposed restaurant expansion. (2) All pertinent Zoning Ordinance regulations, standards and require- ments, as modified by the Zoning Board of Appeals have been complied with; (3) The proposed use will be compatible to and in harmony with the I! surrounding uses in the area. lkhe FURTHER RESOLVED that, notice of such hearing shall be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended. Mr. Amdrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Scurto announced the next item on the agenda is Petition 83-4-2-15 by Sam Moy requesting waiver use approval to utilize an SDM license in connection with existing restaurant located on the west side of Middlebelt Road south of Six Mile Road in the Northeast 1/4 of Section 14. Mr. Nagy: We have a letter from Engineering and Bethel Church. Mr. Moy, 16825 Middlebelt, Livonia: My customers are interested in taking home imported wines and beer and ask for it to go. Mr. Andrew: Your petition is in violation of zoning ordinance in that you are within 400 feet of a church. You intend to ask for a waiver of that requirement from Zoning Board of Appeals. Mr. Moy: Yes. I have a liquor license and have been there as long as the Church. to Mr. Nagy: The Michigan Liquor Control Commission measures property differently than Zoning Ordinance. Mr. Andrew: You will have to go before the Zoning Board of Appeals. Mr. Zimmer: What other establishments sell liquor by the glass and by the bottle? • 7926 Mr. Nagy: Parkside and Fonte D'Amour. There was no one else 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. Vyhnalek, seconded by Mrs. Naidow, and unanimously adopted, it was #5-90-83 RESOLVED that, pursuant to a public hearing having been held on May 17, 1983 on Petition 84-3-2-15 by Sam Moy requestingwaiver use approval to utilize an SDM license in connection with an existing restaurant located on the west side of Middlebelt Road south of Six Mile Road in the Northeast 1/4 of Section 14, the City Planning Commission does hereby determine to table Petition 83-4-2-15 until the petitioner has appeared before the Zoning Board of Appeals. Mr. Andrew, Chairman declared the motion is carried and the foregoing resolution adopted. • Mrs. Scurto announced the next item on the agenda is Petition 83-4-2-16 by Daniel M. Robi requesting waiver use approval to utilize an SDM license in connection with a party store proposed to be located on the southeast corner of Plymouth Road and Levan in the Northeast 1/4 of Section 32. Mr. Helmkamp: My same remarks in Item 5 pertain to this petition. I would like to incorporate them here. Mr. Stauch: My same remarks also pertain to this petition. My client meets all the rules and requirements required. Mr. Andrew: I am against this petition as I was in Item #5 as it is contrary to Section 1.02. 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 Mrs. Scurto, it wa RESOLVED that, pursuant to a Public Hearing having been held on May 17, 1983 on Petition 83-4-2-16 by Daniel M Robin requesting waiver use approval to utilize an SDM license in connection with a party store proposed to be located on the southeast corner of Plymouth Road and Levan in the Northeast 1/4 of Section 32, the City Planning Commission does hereby recommend to the City Council that Petition 83-4-2-16 be approved for the following reasons: (1) The proposal complies with all of the regulations, standards and requirements contained in Zoning Ordinance #543. (2) The subject site has the capcity to support the proposed use. A roll call vote on the foregoing resolution resulted in the following: AYES: Morrow, Scurto, Sobolewski, Vyhnalek NAYS: Kluver, Naidow, Zimmer, Andrew ABSENT: Falk 7927 Mr. Andrew, Chairman, declared the motion has failed. 141160; On a Motion duly made by Mr. Zimmer, seconded by Mr. Kluver, it was #5-91-83 RESOLVED that, pursuant to a public hearing having been held on May 17, 1983 on Petition 83-4-2-16 by Daniel M Robin requesting waiver use approval to utilize an SDM License in connection with a proposed party store to be located on the southeast corner of Plymouth Road and Levan in the Northeast 1/4 of Section 32, the City Planning Commission does hereby recommend to the City Council that Petition 83-4-2-16 be denied for the following reasons: (1) The petitioner has failed to affirmatively show that the proposed use is in compliance with the general waiver use standards and requirements set forth in Section 19.06 of Zoning Ordinance #543. (2) The proposed use is contrary to the spirit and intent of the Zoning Ordinance which, among other things, is to promote and encourage a balance and appropriate mix of uses and not over saturate an area with similar type uses as is being proposed. (3)The added traffic that would be generated by this additional use would be detrimental to the neighborhood. (4) Section 1.02 of the Zoning Ordinance states that comprehensive plan of this ordinance is for the purpose of promoting public health, safety, etc. and safeguarding economic structure upon which the good of all depends and therefore this proposed use violates this provision of the ordinance. FURTHER RESOLVED that, notice of such hearing shall be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended. A roll call vote on the foregoing resoution resulted in the following: AYES: Kluver, Naidow, Sobolewski, Zimmer, Andrew NAYS: Morrow, Scurto, Vyhnalek ABSENT: Falk Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adoptee Mrs. Scurto announced the next item on the agenda is Petition 83-4-2-18 by Leon Burton requesting waiver use approval for expansion of a Class C Liquor License operation within a restaurant located on the west side of Farmington Road north of Plymouth Road in the Southeast 1/4 of Section 28. Mr. Burton: We would like to put up a banquet room on the east and south 30 feet and front 30 feet. There is a city easement with 10 foot sewer in the bai so we can't build there. We will be able to hold 30 to 50 people. 1rMr. Andrew: Are you relocating your entrance? ILW Mr. Burton: No. Mr. Andrew: Matching building material. Mr. Burton: Yes. 7928 t';‘,10, Mr. Andrew: Have you reviewed landscape plan? Mr. Nagy: Yes. Mrs. Scurto: Will there be sufficient parking or will you have a problem? Mr. Burton: It is possible. Under the ordinance we are over two now. Mrs. Sobolewski: Anything different with signage? Mr. Burton: I assured Zoning Board of Appeals whatever the City would like I will put up. The "entertainment sign" on the building will come down and the Windjammer sign will go back up. We can keep the sign in the same location or move the freestanding, whatever you want. Mrs. Sobolewski: Have you been before the Zoning Board of Appeals. Mr. Burton: Tonite. The standard conditions. They said nothing on sign. 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 Mrs. Sobolewski, seconded by Mr. Zimmer, and unanimously adopted it was 111109 #5-92-83 RESOLVED that, pursuant to a public hearing having been held on May 17, 1983 on Petition 83-4-2-18 by Leon Burton requesting waiver use approval for expansion of Class C Liquor License operation within a restaurant located on tr west side of Farmington Road, north of Plymouth Road in the Southeast 1/4 of Section 28, the City Planning Commission does hereby recommend to the City Council that Petition 83-4-2-18 be approved for the following conditions: (1) that Site and Building Elevation Plan prepared by Larry W. Woehlke & Associates, Architects, Job #411, dated 4/20/83, which is hereby approved shall be adhered to; (2) that the site landscaping as shown on the approved site and building plan shall be fully installed before the issuance of a building occupancy permit and thereafter permanently maintained in a healthy condition; for the following reasons: (1) The site has the capacity to accommodate the expansion in use. (2) There is full compliance with the off street parking requirements of Zoning Ordinance #543 as related to the existing and proposed expansion in use. 1160 (3) The proposed addition will have little impact on the surrounding area given the narrowness of the building being only 35' wide and with the proposed addition, it will merely line up with the front yard setback of the service station to the south. FURTHER RESOLVED that, notice of such hearing shall be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of ♦1... 4�.__ -r 7929 Ilk Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Nbr; Mrs. Scurto announced the next item on the agenda is approval of Preliminary Plat for Elliot Industrial Park Subdivision proposed to be located on the west side of Merriman Road and north of the C & 0 Railroad in the Northeast 1/4 of Section 27. Mr. Nagy: We have aletter from Gilmartin, Wayne County Road Commission, Fire Dept. , Traffic Bureau, Engineering. Mr. Andrew: Did you talk to the engineering regarding utility easements on the plan? Mr. Nagy: Yes. Mr. Schubiner: I did know about this. I will get get hold of the engineer and get the necessary papers. 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. Vyhnalek, seconded by Mr. Morrow, and unanimously adopted it was 05-93-83 RESOLVED that, pursuant to a public hearing having been held on May 17, 1983 the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat for Elliot Industrial Park Subdivision proposed to be located on the west side of Merriman Road and north of the C & 0 Railway in the Northeast 1/4 of Section 27, be approved for the following reasons: (1) that a greenbelt landscaping plan for the easement area as it relates to Merriman Road be submitted to the Planning Commission for approval before submittal of the Final Plat; and (2) that Lots 1 and 2 shall have their front yards facing the proposed industrial road, for the following reasons: (1) The proposed Preliminary Plat complies with the M-2 Zoning District regulations of Zoning Ordinance #543. (2) The proposed Preliminary Plat provides for good utilization of the property for industrial development purposes consistent with good subdivision planning practices. (3) The Engineering Division, by letter dated April 26, 1983, indicates support of the approval of this Preliminary Plat. FURTHER RESOLVED that, notice of such hearing shall be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of 1:0 Livonia, as amended. . 7930 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted: Mrs. Scurto announced the next item on the agenda is Petition 83-3-6-1 by the City Planning Commission pursuant to Council Resolution #60-83 to amend Section 18.50E of Zoning Ordinance #543 pertaining to sign regulations in commercial districts. There was no one else wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on this petition closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Morrow and unanimously adopted, it was #5-94-83 RESOLVED that, pursuant to a Public Hearing having been held on May 17, 1983 on Petition 83-3-6-1 by the City Planning Commission to amend Section 18.50E of Zoning Ordinance #543, pertaining to sign regulations in commercil district the City Planning Commission does hereby table Petition 83-3-6-1 until the May 24, 1983 meeting. Mr. Andrew, Chairman, declared the motion is carried the foregoing resolution adopted. Mrs. Scurto announced the next item on the agenda is Petition 83-3-6-2 by the City Planning Commission to amend Section 9.02 and 9.03 of Zoning Ordinance #543 by incorporating general office uses in P.S. zoning districts. kife There was no=gone else wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on this petition closed. On a motion duly made by Mr. Zimmer, seconded by Mrs. Scurto and unanimously adopted, it was #5-95-83 RESOLVED that, pursuant to a Public Hearing having been held on May 17, 1983 on Petition 83-3-6-2 by the City Planning Commission to amend Section 9.02 and 9.03 of Zoning Ordinance #543 by incorporating general offices in P.S. Zoning Districts, the City Planning Commission does hereby recommend to the City Council that Petition 83-3-6-2 be approved for the following reasons: (1) The proposed Zoning Ordinance amendment will provide more flexibility in placement of general office uses in the Professional Service Zoning District while maintaining "professional office" standards of development. (2) This proposed amendment will encourage office land uses as opposed to commercial retail type uses in appropriate sections of the City. FURTHER RESOLVED that, notice of such hearing shall 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. 7930a • 111111116; Mrs. Scurto announced the next item on the agenda is Petition 83-3-2-7 by C. D. Hardy requesting waiver use approval for outside storage of contractor's equipment on property located on the east side of Wayne Road between Industrial Road and the C & 0 Railway in the Northwest 1/4 of Section 28. Mr. Nagy: We had a site investigation. The site is still overcrowded. Service vehicles that were initially there are still there. Mr. Dembs: We lease out the adjoining property. I have some pictures to show the way this property is being kept. We have ground rules in the City and we have to follow them. The property does not suit requirements of the user. Network Rep. : We will move all the trucks out to Garden City. Mr. Dembs: We offered them the use of our property but we wanted a portion paved • due to the nature of our tenants business. Our tenant is the mover for Xerox and with the equipment they have they do not want any dust stirred up . ‘11111.1 1:00' . 7931 ' Network Rep. : The cost for us to pave a portion of Mr. Dembs property is too expensive. So we are going to move the equipment to Garden City. Mrs. Scurto: If this is going to be a permanent location these are not our standards. Those trailers will have to be moved also. Mr. Andrew: How long of a lease do you have? Rep. Two years. Mr. Andrew: How many parking spaces do you have. Rep. 10 Mr. Nagy: We need a site plan of parking and storage. Mrr. Vyhnalek: How many vans do you have. Rep. : 30 Mr. Vyhnalek: How many trailers? Rep. : two or three. kho Mr. Vyhnalek: Coils of wire. Rep. ; No more than 8 or 10. Mr. Andrew: This is not a practical situation. Mrs. Scurto: Could we get petitioner to come in next week with some kind of plan? Mr. Andrew: I would like to see the Garden City lease and a plan for parking, storage of equipment, etc. There was no one else wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared there would be no action on this item tonight. Put on a study and regular meeting for next week. On a motion duly made by Mr. Vyhnalek, seconded by Mr. Zimmer and unanimously adopted, it was #5-96-83 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinanc of the City of Livonia, the City Planning Commission does hereby approve Petition 83-4-8-1OP by Sun Refining and Marketing Company requesting approval of all plans submitted in connection with a proposal to construct a canopy and a sign on an existing gas station located on the southwest corner of Five Mile and Inkster Roads in Section 24, subject to the following conditions: (1) that site plan #2-1525-F as revised 3/24/83, prepared by Sun Refining Oil Company, which is hereby approved shall be adhered to; and (2) that canopy elevations as shown on Sheet E1C, Type S 3652 and S 2436-A, by Sunoco Marketing, which are hereby approved shall be adhered to; 7932 (3) That the flowering crabtree located at the northwest corner of the site be retained. 1160 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a m otion duly made by Mr. Morrow, seconded by Mrs. Scurto and unanimously adopted, it was #5-97-83 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, the City Planning Commission does hereby recommend to the City Council that Petition 83-4-8-11 by Sun Refining and Marketing Company requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to construct a canopy and a sign on an existing gas station located on the southwest corner of Seven Mile and Middlebelt Roads in Section 11, be approved subject to the following conditions: (1) that Site Plan #21239A as revised as 5/8/83 by Sun Oil Company which is hereby approved shall be adhered to; (2) that canopy elevations as shown on Sheet Elc, Type S 2442 and S 2436-A by Sunoco Marketing, which are hereby approved shall be adhered to. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. t11411110 On a motion duly made by Mrs. Naidow, seconded by Mr. Zimmer and unanimously adopted, it was #5-98-83 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, the City Planning Commission does hereby approve Petition 83-5-8-12P by Thompson-Phelan, Inc. requesting approval of al. plans required by Section 18.58 submitted in connection with a proposal to construct an addition to an existing building located on the south side of Plymouth Road between Raleigh and Levan in Section 32, subject to the following conditions: (1) that Site Plan #2319, Sheet P-la, dated 2/27/ 83, prepared by Barber McCalpin Associates, which is hereby approved shall be adhered to; (2) that building elevations as shown on Plan #2319, Sheet P-3, prepared by Barber/McCalpin Associates, which is hereby approved shall be adhered (3) that the landscaping as shown on Plan #2319, Sheet P-lA, prepared by Barber/McCalpin Associates, which is hereby approved shall be installe on the site prior to occupancy of the addition and shall thereafter permanently maintained in a healthy condition; and (4) that this approval is made subject to the Zoning Board of Appeals granting favorable consideration to the petitioner's request to add a noncomplying building. till" Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopt€ On a motion duly made by Mr. Kluver, seconded by Mr. Zimmer, and unanimously adopted it was • 7933 #5-99-83 RESOLVED that, pursuanto to Section 18.58 of Ordinance #543, the Zoning 11111111:1 Ordinance of the City of Livonia, the City Planning Commission does hereby approve the Petition 83-5-8-14P by Ervin E. Kamp requesting approval of all plans required by Section 18.58 submitted in connection with a Proposal to erect a four one-story building on property located on the south side of Schoolcraft Service Drive between Farmington Road and Brookfield in Section 27, subject to the following conditions: (1) that the Site Plan for the 1-96 Officenter, Sheet 1, dated 5/16/83, by Kamp-DiComo, Architects, which is hereby approved shall be adhered to; (2) that the landscaping as shown on Sheet 2, dated 5/16/83, by. Kamp-DiComo Architects, which is hereby approved shall be adhered to and implemented total or in accordance with the phasing scheme as illustrated on the landscape plan; and (3) that building elevations as shown on Sheet 5, by Kamp-DiComo, Architects, which are hereby approved shall be adhered to. (4) That the gates that shield the outside storage shall be of heavy and durable material of wood. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution is adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Morrow, it was kw #5-100-83 RESOLVED that,pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, the City Planning Commission does hereby recommend to the City Council that Petition 83-5-8-13 by Bi-Con Construction requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to construct an addition to an existing auto wash located on the north side of Seven Mile Road between Middlebelt and Parkville in Section 1, be approved subject to the following conditions: (1) that Site Plan #325, Sheet 1, by BiCon Construction Co. , which is hereby approved shall be adhered to; (2) that building elevations as shown on Plan #325, Sheet 2, by Bi-Con Construction Co. , which are hereby approved shall be adhered to; (3) that the landscape treatment for this site be submitted to the Planning Department for approval within fifteen (15) days. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Morrow, Naidow, Sobolewski, Vyhnalek, Zimmer, Andrew NAYS: Scurto ABSENT: Falk Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopte 11'Shoi On a motion duly made by Mr. Kluver, seconded by Mr. Vyhnalek and unanimously adopted, it was 7934 #5-101-83 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that the Sign Plan submitted pursuant to Section 18.47 of Zoning Ordinance #543 in connection with Petition 82-8-2-22 by Taco Bell 1160; Restaurant requesting waiver use approval to construct a Taco Bell Restaurant on the west side of Farmington Road, south of Seven Mile Road in the North- east 1/4 of Section 9, subject to the following conditions: (1) that the ground sign as shown on Plan B-0511 for Taco Bell Restaurant, prepared by Plasti-Line Company, which is hereby approved shall be adhered to; (2) that the wall sign as shown on the approved building elevations for Taco Bell Restaurants which is hereby approved shall be adhered to; Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Naidow, seconded by Mr. Morrow and unanimously adopted, it was #5-103-83 RESOLVED that, pursuant to a letter dated May 17, 1983 requesting a one year extension of the Preliminary Plat for Sunset Park Estates Subdivision proposed to be located on the east side of Louise Avenue between Six Mile and Curtis in the Southeast 1/4 of Section 11, the City Planning Commission does hereby recommend to the City Council that an extension be granted for a period of one year from the date of this resolution subject to the same conditions as set forth in the original approving resolution #2-14-82 adopted by the City Planning Commission on February 2, 1982. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 455th Regular Meeting and Public Hearings held on May 17, 1983 by the City Planning Commission were adjourned at 11:35 p.m. CITY PLANNING COMMISSION d dith Scurto, Acting Secretary ATTEST: ,/711.4€:/, Daniel R. Andrew, Chairman