HomeMy WebLinkAboutPLANNING MINUTES 1987-06-16 9984
I: MINUTES OF THE 539th REGULAR MEETING
AND PUBLIC HEARINGS HELD BY THE CITY
PLANNING COMMISSION OF THE CITY OF
LIVONIA
On Tuesday, June 16, 1987, the City Planning Commission of the City of Livonia
held its 539th Regular Meeting and Public Hearings in the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan.
Mr. C. Russ Smith, Chairman, called the meeting to order at 7:00 p.m. , with approx-
imately 80 interested persons in the audience.
Members present: C. Russ Smith Donna Naidow Donald Vyhnalek
Sue Sobolewski Jeanne Hildebrandt R. Lee Morrow
Michael Soranno Richard Straub
Members absent: Herman Kluver
Messrs. John J. Nagy, Planning Director; H. G. Shane, Assistant Planning Director;
and Ralph H. Bakewell, Planner IV, were also present.
Mr. Smith 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 hold its own public hearing and decide the question. If a petition
involves a waiver of use request and the request is denied, the petitioner has ten
days in which to appeal the decision to the City Council; otherwise the petition is
terminated. The Commission holds the only public hearing on a preliminary plat and/or
a vacating petition. Planning Commission resolutions do not become effective until
seven days after tonight. The Planning Commission has reviewed the petitions upon
their filing and have been furnished by the staff with approving and denying reso-
lutions. The Commission may use them or not use them depending upon the outcome of
the hearing tonight.
Mrs. Naidow, Secretary, announced the first item on the agenda is Petition 87-4-1-19
by S.E.M.M. Company to rezone property located on the east side of Newburgh
Road, north of Seven Mile Road in the Southwest 1/4 of Section 5 from RUFC
to C-1.
Mr. Nagy: A letter in the file from the Engineering Division states that they
have no objection to the rezoning proposal. There is also a petition
containing signatures of 478 residents on the surrounding streets who
are opposed to the petition and stating that they reassert their desire
to maintain lands in the area, especially east and west of Newburgh
Road and between Six and Eight Mile Roads, for one family residential
and oppose any spot zoning and high rise development.
Joseph Durso, 35345 W. Seven Mile Road: I am not sure I understand the petition
signed by the 478 residents when they are talking about high-rise
buildings. All we are trying to do is rezone to a one-story building
to accommodate a Pro-Golf store and other related local use stores.
We are not interested in a high-rise at all.
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Mr. Smith: The question here is whether or not this is the proper location for
C-1 zoning in the City of Livonia, not the height of the building.
Mr. Durso: I agree and understand but the problem I have is that mainly the concern
seems to be with what is going on across the street.
Mr. Smith:
I I am sure, but the question is if this is the proper place for C-1 zoning.
Once you have the zoning, you could put in anything you want, not what
you are speaking about now.
Mr. Morrow requested that the petition from the 478 residents be read again.
Mr. Smith: It appears that they understand the petition.
Mr. Morrow: The key is spot zoning.
Mr. Durso: It is a little hard to accept when they blanket an area.
Mr. Morrow: Does your client own the property?
Mr. Durso: No, we are purchasing subject to the rezoning to build a one-story
complex. We are not interested in anything else. There is C-1 and
P.S. across the street and C-1 next door.
Mr. Morrow: So far there is no investment in the property. We established the fact
that they are doing business in that area. My concern with the peti-
tion is that increasing the commercial in the area would set the stage
for the property north of that. I have a long-standing as one Com-
11 missioner as feeling that the area should be residential.
Mr. Straub: This particular proposal is contrary to our Future Land Use Plan and
would exceed what is normal growth in that area. I would have to oppose
the petition on that grounds. The Future Land Use Plan sets up the
area to provide residential or a professional service transitional use
area between the commercial and residential.
Resident, 36694 Clarita: I represent Gold Manor Civic Association. We submitted that
petition with the cooperation of the entire neighborhood. The property
owners adjoining our subdivision are also opposed. There is no doubt
that the people around us are getting tired of all the commercial around
us and the changing of the area. This is an example of an attempt to
spot zone and there will be no end until all available land is used.
It is an attempt to take a home and convert it to commercial. We urge
you to deny the spot zoning.
Jack Engebretson, 18871 Comstock: I represent citizens in the north quadrant of Livonia.
We are opposed to this petition because of all the commercial zoning in
the area. One of our concerns is the intersection of Seven Mile and
Newburgh. Will it handle all these developoments? Getting through that
intersection at certain times during the day is traumatic. A traffic
study has been ordered by the City Council. We are also concerned about
this petition serving as a spring board to the rezoning of all the
property in this area. It will diminish the standard of living of the
people in the area. We suggest it is time to pause and re-evaluate the
development going in the area and we contend it is in the best interests
of the citizens and City to deny this petition.
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Tito Coronado, 18807 Comstock: I have heard Mr. Shenkman say that he is interested in
turning this section into a major business section and making it into a
city within a city. They don't care that most of us have moved into
this area and that that is not in our best interests. They don't seem
to care that their plans are inconsistent with the City's plans. We are
asking you for a continued show of good faith by voting against this
proposal to maintain the present life style of the area and so that we
citizens and the City might work together to bring forth a plan that would
bring forth acceptable commercial areas that do not overwhelm the exist-
ing neighborhoods.
William Lute, 19359 Newburgh: I am 100% against this rezoning. I have lived here for a
long time and watched the City grow and all the old farms are gone. If
you rezone this, pretty soon a big bulldozer will come in and take out
my Dad's place and the next thing I know, you will be at my place. Come
out to my place. I would like to show you and explain some things to you.
So far, all the talking I have done hasn't done any good. If there is
anything you can do -- because I don't think the Council does anything
about it, but you ladies and gentlemen sit here and listen but it doesn't
seem to help us any. I just hope I win on this one.
Mr. Smith; We appreciate your comments and you speak from the heart. I think
the gentlemen before you reinforced what you said. With 400 plus signa-
tures of people who say they don't want this, it will be weighed by the
Commission along with your comments.
John Casey, 19377 Fitzgerald: I collected the names on that petition and everybody I
talked to clearly and specifically were concerned with that piece of
li, land. They do not want a piece of residential land turned into com-
mercial. Commercial development in this area would destroy our neigh-
borhood.
Employee at Pro Golf: I work for Pro Golf. We are very ecstatic with Livonia as far
as business goes. We find the location is great for consumers who want
to purchase golf equipment, which is the reason we pursued this. Re-
gardless of the outcome, Pro Golf would like to thank Livonia for
participating with us.
Jack Schwartz, Pro Golf: We take great pride in the reception Livonia has given us
us and a business, like a community, must undergo change. A community
will either grow up or down as business goes up or down and the time
seems logical for intelligent growth in Livonia. I think Pro Golf
compliments that and if we were to make a model Pro Golf store, it would
represent Pro Golf stores all over the world. This would be a very
intelligent change in the community and we would be very happy to work
with the communiity to give them exactly what they are asking of us.
Mr. Smith: All of these comments are related to site plan use approval and not
zoning and that is what we are discussing tonight - zoning.
There was no one else present wishing to be heard regarding this item and Mr. Smith,
Chairman, declared the public hearing on Petition 87-4-1-19 closed.
On a motion duly made by Mr. Morrow and seconded by Mr. Straub, it was
t #6-125-87 RESOLVED that, pursuant to a Public Hearing having been held on June 16, 1987
on Petition 87-4-1-19 by S.E.M.M. Company to rezone property located on
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the east side of Newburgh Road, north of Seven Mile Road in the South-
west 1/4 of Section 5 from RUFC to C-1, the City Planning Commission does
hereby recommend to the City Council that Petition 87-4-1-19 be denied
for the following reasons:
(1) The proposed change of zoning would invite similar requests for
changes of zoning north along Newburgh Road thus leading to strip
commercial zoning in the area.
(2) The proposed change of zoning would be incompatible to and not
in harmony with the residential uses in the area.
(3) The proposed change of zoning is contrary to the Future Land
Use Plan which recommends a low-density residential use for the
area.
FURTHER RESOLVED that, notice of the above hearing was given in accordance
with the provisions of Section 19.06 of Zoning Ordinance #543, as amended.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Morrow, Straub, Sobolewski, Soranno, Vyhnalek, Naidow, Smith
NAYS: None
ABSTAIN: Hildebrandt
ABSENT: Kluver
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
3 Mrs. Naidow, Secretary, announced the next item on the agenda is Petition 87-5-1-20
by Donald & Charles Colsher to rezone property located on the north side
of Bretton Road between Middlebelt and Louise in the Southeast 1/4 of
Section 2 from P.L. to RUFA.
Mr. Nagy: There is a letter in the file from the Engineering Division which states
that they have no objection to this proposal.
The petitioners were not present at the meeting.
There was no one present wishing to be heard regarding this item and Mr. Smith,
Chairman, declared the public hearing on Petition 87-5-1-20 closed.
On a motion duly made by Mr. Soranno and seconded by Mrs. Hildebrandt, it was:
#6-12-87 RESOLVED that, pursuant to a Public Hearing having been held on June 16, 1987
on Petition 87-5-1-20 by Donald & Charles Colsher to rezone property
located on the north side of Bretton Road between Middlebelt and Louise
in the Southeast 1/4 of Section 2 from P.L. to RUFA, the City Planning
Commission does hereby recommend to the City Council that Petition
87-5-1-20 be approved for the following reasons:
(1) The subject parcel is no longer needed by the Clarenceville
School District for public school uses.
(2) The proposed change of zoning will provide an opportunity for
the subject property to be put to private use and on the tax rolls.
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(3) The proposed change of zoning will give the subject parcel the
same zoning designation as the adjacent property in the area.
FURTHER RESOLVED that, notice of the above hearing was given in accordance
with the provisions of Section 23.05 of Zoning Ordinance #543, as amended.
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
Mrs. Naidow, Secretary, announced the next item on the agenda is Petition 87-5-1-21
by Philip Barth to rezone property located on the east side of Farmington
Road between Curtis and Pickford in the Northwest 1/4 of Section 10
from R-1 to P.S.
Mr. Nagy: A letter in the file from the Engineering Division states that there
are no City maintained storm sewer systems readily available to service
the proposed zoning area.
Mr. Smith: This petition supports the Future Land Use Plan?
Mr. Nagy: Yes, it does.
Philip Barth, 18845 Beech Daly: There is a storm drain running east and west along
Pickford Avenue approximately 80 feet north of the property and there
is an easement running on the back of the property that would run
through to the storm drainage on Pickford. I believe that with the
cooperation of the adjoining owners to the south, we would solve any
' storm drainage problem that would be involved with this.
Mr. Morrow: Do you think some of the concerns of the residents would also be
solved, like the storm water, with the development of your property?
Mr. Barth: Absolutely.
There was no one else present wishing to be heard regarding this itemand Mr. Smith,
Chairman, declared the public hearing on Petition 87-5-1-21 closed.
On a motion duly made by Mr. Vyhnalek and seconded by Mrs. Sobolewski, it was
#6-127-87 RESOLVED that, pursuant to a Public Hearing have been held on June 16, 1987
by Philip Barth to rezone property located on the east side of Farmington
Road between Curtis and Pickford in the Northwest 1/4 of Section 10 from
R-1 to P.S. , the City Planning Commission does hereby recommend to the
City Council that Petition 87-5-1-21 be approved for the following reasons:
(1) The proposed change of zoning is in compliance with the Future
Land Use Plan which recommends general office use for the area.
(2) The proposed change of zoning is consistent with recent changes
in zoning in the area.
(3) The proposed change of zoning is compatible to and in harmony with
the surrounding residential uses in the area.
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1[1, FURTHER RESOLVED that, notice of the above hearing was given in accordance
4 with the provisions of Section 19.06 of Zoning Ordinance #543, as amended.
4
A roll call vote on the foregoing resolution resulted in the following:
AYES: Vyhnalek, Sobolewski, Soranno, Morrow, Straub, Naidow, Smith
NAYS: Hildebrandt
ABSENT: Kluver
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution adopted.
Mrs. Naidow, Secretary, announced the next item on the agenda is Petition 87-5-1-22
by Unity of Livonia to rezone property located north of Five Mile Road,
west of Harrison in the Southwest 1/4 of Section 13 from P.S. to R-9,
and from R-9I and R-7 to RUF.
Mr. Nagy: A letter in the file from the Engineering Division states that there are
no engineering problems in connection with the proposal. There is also
a letter in the file from University Village Partnership stating that it
is with their full knowledge that the petition is being sought and their
full hope that the Board approves the rezoning request, and a letter
from Allie F. Fayz, owner of Harrison Square Plaza, stating they are
in full agreement with this petition.
Mr. Smith: Mr. Nagy, would you give us a little history on this?
1100 Mr. Nagy: It is a former elementary school site. Mr. Spiro was successful in
acquiring the property from the Livonia School System. Mr. Spiro, at
that time, petitioned for the rezoning. It was his intention to
utilize the existing building for expansion of the existing convalescent
home. That never came to pass and this petitioner is attempting to
acquire the property, and he is here tonight.
Mark Sempke, 25621 Rutledge Crossing, Farmington Hills: We would like to build a
sanctuary with 1,000 seats and an administration building over the
next three years. Then develop the existing building into school rooms
with retirement housing in the area at the northwest corner. That would
be in three to six years. The final phase would be to put in a retreat
center and physical fitness building. Access would be from Harrison.
This would be beneficial to the community and we hope the community
accepts it.
Mr. Larsen, 15423 Harrison, was present and objected to the petition because of the
plans to exit onto Harrison and wanted to see a road out to Roycroft.
He felt it unfair to dump all the traffic on Harrison.
Mr. Morrow: We might remind the people that we are talking about zoning and some
of the things that they are concerned about are not zoning matters.
Gary Garland, 15809 Harrison: When the zoning was changed, nobody ever said the
I; property would ever be split up, and the old design was based on the
exit onto Five Mile. Now the Engineering Department says there should
not be traffic out on Five Mile Road. I moved there when it was a
school and I totally understood that the City didn't need a vacant build-
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ing. When University wanted the rezoning, it was still acceptable to
me. Now, you say this is down-grading but you want me to accept a
sanctuary, a school, a church, a retreat, apartments and a health fitness
ILcenter. The church needs all this? There is no tax base -- they are tax
free. The Church didn't tell you that if this zoning is changed, they
can put the traffic anywhere they want and they can sell the property.
University's plans were always based on access to Five Mile Road only.
And, the wall -- my wife doesn't want to go out in the back yard and
look at a solid, unpierced wall. If this were developed RUF, you would
have 32 homes there and nobody would object to that but if you want to
give a waiver for this kind of stuff, I think it would be totally un-
consionable and is totally adverse to what was said before. To take
this sixteen acres that was a school and turn it into residential,
would be totally acceptable, but to take it and turn it into a resort
I think would be terrible.
Mr. Morrow: With the current zoning and if a proper site plan were brought in, within
a matter of months a development such as that could go in. Mr. Smith
said he felt it was a down-grade of the zoning and whether we approve it
or don't approve it, you are faced with something less intensive that
could go in in a matter of months.
Charlotte Eickhoff, 28900 Rayburn: Rayburn and Roycraft have one way in and that is
Middlebelt. At the end is where they want to put the two story building.
If they wanted to rezone all this back to RUF, I would be happy with that.
We didn't want this at first when it was said this property will be put
back on the bax base. Why can't they rezone it all to RUF?
I: Mr. Smith: Because they don't want to.
Gary Latzman, 15840 Harrison: I built a new home on Harrison and I am a residential
builder also. How can they put all these different things on the same
zoning? How can they build a fitness center in an RUF zone?
Mr. Nagy; It is a valid accessory use of the school property.
Mr. Latzman: How about the sanctuary?
Mr. Nagy: That is a waiver use.
Mr. Latzman: There we go -- everything is a waiver use. Everything was approved
before with the stipulation that the traffic would go out to Five Mile.
How does this fit in with the Land Use Plan? And, if it is approved
for RUF and when they get ready to build the sanctuary, it will be up
to the Commission to approve it?
Mr. Nagy: Absolutely not. There will be another hearing just like this one and
he will need to bring in plans showing development of the site. The
question tonight is only whether or not we should have the zoning.
Mr. Latzman: What I feel here is that we are trying to be convinced that the zoning
is going to be changed the way the people want it zoned but that the
property won't be used that way.
toMichele Behrman, 28515 Broadmoor: I have a problem with the current zoning. A four-
story senior citizen residential building would be needed in Livonia
but a sanctuary with 1,000 seats would be several thousand people every
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Sunday morning. I enjoy my yard and this will be a disruption with all
the cars in the area. There are many young people in the area with small
1[0 children. I don't care if they put in seniors there but my objection is
the Church.
Lee Jacobs, 15360 Harrison: The plan really looks great but I can't see one to three
thousand cars passing my house on Sunday mornings. If it was all zoned
for houses, sixty-eight cars wouldn't bother me.
Vernon Weber, 15444 Harrison: When Mr. Spiro was trying to get this, Mr. Ventura said
no four-story buildings would go in there -- only three stories. It is
not the Church that bothers me, it is all these other things in the back.
The brochure that was sent around said that Harrison was going to be
widened to three lanes. When will that be discussed?
Robert Pollock, 29056 Roycroft: This has nothing to do with site plan approval, only
zoning?
Mr. Smith: Yes.
Mr. Pollock: Then I would be for the downgrading.
Mr. Smith: We are talking only about zoning and like the man said, this could be
ten years down the road.
Mr. Garland: I don't think this is a downgrade at all when you're going to put all
these uses on the property and they don't even pay taxes. I own 400'
and I would be very happy if this site is all R-9I.
Mr. Morrow: I think what we have tonight is a classic example of mixing site plan
110 and zoning. We will have to go through this whole process again when he
is ready to begin. To say that going from R-9I to RUF is not a down
grade I think is an inaccuracy. You are looking at that site plan and
perhaps we shouldn't be looking at the site plan. The petitioner is
trying to give his concept and he has been honest but you remember the
other site plan and that one is out the window.
Ms. Keutgen, 28501 Broadmoor: What should we do? Can we petition? Where do we go from
here?
Mr. Smith: You can't petition because you don't own the property. If this is
approved, each time they build a building, we will have another public
hearing and you will be able to guide them as to how you want each build-
ing developed.
Mr. Morrow: The choice we have is, do we go from professional service to senior
citizen or four-story senior citizen to RUF. That is basically the
question. All this other stuff is handled by waiver of use and if you
were notified for this public hearing, you will be notified for those
public hearings.
Ralph Moore, 28409 Broadmoor: Why does Unity need the zoning change? They can build
what they want in the P.S. zoning.
Mr. Nagy:Ilw They could but it would be more of a convalescent home with medical.
Shelley Mangas, 28880 Rayburn: This affects me very much. I can't believe you would
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approve a two-story building in a ranch home area. It will stick out
like a sore thumb, and fifty feet for the greenbelt is only like from
my drive to another drive. It is not very wide.
, Mr. Morrow: In the interest of time, I suggest that we keep the discussion purely
to zoning.
Resident, 15432 Harrison: I object because of the school and traffic. If it should
be approved, I think the entrance should be only on Five Mile.
Mr. Semke: Thank you for your opinions. We appreciate them because we are a part
of the community, too. I would like to think we took our first step
tonight in bringing something positive to the City.
There was no one else present wishing to be heard regarding this item and Mr. Smith,
Chairman, declared the public hearing on Petition 87-5-1-22 closed.
On a motion duly made by Mr. Vyhnaklek and seconded by Mrs. Sobolewski, it was
#6-129-87 RESOLVED that, pursuant to a Public Hearing having been held on June 16, 1987
on Petition 87-5-1-22 by Unity of Livonia to rezone property located north
of Five Mile Road, west of Harrison in the Southwest 1/4 of Section 13
from P.S, to R-9 and from R-9I and R-7 to RUF, the City Planning Commis-
sion does hereby recommend to the City Council that Petition 87-5-1-22
be approved for the following reasons:
(1) The proposed changes of zoning are compatible to and in harmony
with the surrounding uses in the area.
(2) The proposed changes of zoning represent a change to more
restrictive zoning districts.
(3) The proposed changes of zoning will provide for additional
senior citizen housing for the City and will provide for the
use of a closed structure formerly used for public school
purposes.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Vyhnalek, Sobolewski, Hildebrandt, Morrow, Straub, Naidow, Smith
NAYS: Soranno
ABSENT: Kluver
FURTHER RESOLVED that, notice of the above hearing was given in accordance
with the provisions of Section 23.05 of Zoning Ordinance #543, as amended.
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution adopted.
Mrs. Naidow, Secretary, announced the next item on the agenda is Petition 87-5-2-15
by Lidia Veri for waiver use approval to utilize an SDM License in
connection with a proposed bakery proposed to be located on the north
Seven Mile Road, east of Farmington Road in the Southwest 1/4 of
Section 3.
Mr. Nagy: There is no correspondence in the file regarding this petition.
4
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Lidia Veri, 35189 Vargo: We are opening a bakery but we will also sell take-home pizza
and other items and I think people would like to pick up some wine and
beer to take home. It would not be like a party store. It is for
convenience more than anything else.
r
Mr. Smith: You are aware that you do not comply with the Ordinance.
Mrs. Veri: Yes, but I found out that if I am denied by the Planning Commission,
then I would go to the Zoning Board.
Mr. Smith: The Planning Commission finds non-compliance and a variance would be
required. There is that technicality about the Church being closer
than 400 feet.
Mr. Nagy: The Commission could deny this if it so determines but you have the
right to approve it subject to the petitioner going to the Zoning Board
of Appeals for a variance.
Robert Candlish, 32415 W. Seven Mile: Some time back, the neighborhood submitted a
petition to both Livonia and to the County because we were concerned
with the traffic on Seven Mile. At that time, it was proposed to have
a T-intersection for access to the apartments and to the commercial
development. The County concurred with our objection to the T-inter-
section because it would make it impossible to put up a light in that
area between Farmington Road and Loveland which, I would say, is the
most hazardous traffic area in Livonia. Somehow there is a curb cut
to the building that has already been denied. We have objection to
further commercial development easterly and the City assured us that
we would not get a party store. We don't like it.
{ Mr. Smith: It is an approved use, but from what I hear, you are opposed to beer and
wine in that location.
There was no one else present wishing to be heard regarding this item and Mr. Smith,
Chairman, declared the public hearing on Petition 87-5-2-15 closed.
On a motion duly made by Mr. Vyhnalek, seconded by Mr. Soranno and unanimously adopted,
it was
#6-128-87 RESOLVED that, pursuant to a Public Hearing having been held on June 16, 1987
on Petition 87-5-2-15 by Lidia Veri for waiver use approval to utilize
an SDM License in connection with a bakery proposed to be located on the
north side of Seven Mile Road, east of Farmington Road in the Southwest
1/4 of Section 3, the City Planning Commission does hereby recommend to
the City Council that Petition 87-5-2-15 be denied for the following reason:
(1) The proposed use fails to comply with the waiver use standard
set forth in Section 10.03(g)(2) of Zoning Ordinance #543 which
requires that such proposed SDM Licensed establishment shall be
located at least four hundred (400) feet distant from any church
building as measured from the nearest point of the building pro-
posed to be licensed to the existing church building.
FURTHER RESOLVED that, notice of the above hearing was given in accordance
with the provisions of Section 19.06 of Zoning Ordinance #543, as amended.
1; Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
9994
adopted.
On a motion duly made by Mr. Morrow, seconded by Mr. Soranno and unanimously adopted,
it was
4 #6-128a-87 RESOLVED that, the City Planning Commission does hereby determine to
14: waive the provisions of Section 10 of Article VI of the Planning
Commission Rules of Procedure regarding the seven-day period concern-
ing effectiveness of Planning Commission resolutions in connection with
Petition 87-5-2-15 by Lidia Veri for Waiver use approval to utilize an
SDM License in connection with a bakery proposed to be located on the
north side of Seven Mile Road, east of Farmington Road in the Southwest
1/4 of Section 3.
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
Mrs. Naidow, Secretary, announced the next item on the agenda is Petition 87-5-2-16
by Michael Boggio Associates for waiver use approval to construct a retail
shopping plaza on the south side of Five Mile Road between Bainbridge and
Spanich Court in the Northwest 1/4 of Section 23.
Mr. Nagy: There is a letter in the file from the Engineering Division which states
that they have no objection to this proposal. There is also a letter
in the file from the petitioner requesting the -Planning Commission's
consideration in waiving the seven day effective date to allow their
project to proceed on to the City Council for their consideration as
soon as possible.
Michael Boggio, 255 S. Woodward, Birmingham, presented a site plan to the Commission
and audience.
Mr. Boggio: The proposal is for a 120,000 square foot shopping center with 729
parking spaces. Thea area bordering on Spanich Court has a 50' area
for a greenbelt. Along Five Mile there is a 25' greenbelt and all
landscaped areas are bermed. All loading and transformers are located
in the rear of the building. Light poles are 20' . There is a wall on
the south property line where it abuts residential property. We plan
to go to the Zoning Board of Appeals for a portion of the wall to be
waived to take advantage of a greenbelt in that are. We intend to use
maintenance-free materials -- brick, aluminum, dryvit and a little
stained cedar siding. The heights of the buildings will vary from
18' to 28' . We will have one tower -- an architectural landmark which
would be 35' high. The wall will be scored block, and painted. We
wish to address the pylon sign but would like to come back later on
the sign.
Mr. Soranno: Last week we talked about the roof top units and whether or not they
will be screened. Have you considered that?
Mr. Boggio: At this time we haven't. The units are back far enough on the Five
Mile Road side so that they would not be visible from Five Mile.
Mr. Soranno: I am really impressed with what you have done with the property and
I would like to see the units screened to put the finishing touch on
the project.
Mr. Boggio: If the Board feels it is necessary, we will comply. 9995
Mr. Morrow:I; A good portion will be screened but we won't know that until it's done.
Is there something that can be placed on the plan about screening if
and when it needs to be done?
Mr. Nagy: The Commission could make that a condition of approval and if the
petitioner knows that, the petitioner can take that into considera-
tion and plan for it.
There was no one else present wishing to be heard regarding this item and Mr. Smith,
Chairman, declared the public hearing on Petition 87-5-2-16 closed.
On a motion duly made by Mr. Soranno, seconded by Mr. Morrow and unanimously
adopted, it was
#6-130-87 RESOLVED that, pursuant to a Public Hearing having been held on June 16, 1987
on Petition 87-5-2-16 by Michael Boggio Associates for waiver use approval
to construct a retail shopping plaza on the south side of Five Mile Road
beterrn Bainbridge and Spanich Court in the Norhtwest 1/4 of Section 23,
the City Planning Commission does hereby recommend to the City Council
that Petition 87-5-2-16 be approved subject to the following conditions:
(1) that the Site Plan dated 6/12/87, prepared by Michael A. Boggio
Associates, Architects, which is hereby approved shall be adhered
to;
(2) that the Building Elevation Plan dated 6/12/87, prepared by
Michael A. Boggio Associates, Architects, which is hereby
approved shall be adhered to;
IL (3) that the Landscape Plan marked LS-1, dated 4/25/87, prepared
by Calvin Hall & Associates, Landscape Architects, which is
hereby approved shall be adhered to and the landscape materials
shall be installed prior to issuance of a Certificate of Occupancy
and thereafter permanently maintained in a healthy condition;
(4) that any proposed signage shall be submitted to the Planning
Commission for approval prior to issuance of a Zoning Compliance
Permit; and
(5) that any roof mounted mechanical equipment shall be screened from
view;
for the following reasons:
(1) The proposed use complies with all of the waiver use standards
and requirements set forth in Section 11.03 and 19.06 of Zoning
Ordinance #543.
(2) The subject site has the capacity to accommodate the proposed
use.
(3) The proposed use is compatible to and in harmony with the
ti surrounding uses in the area.
(4) The proposal is well designed taking into account the need
to buffer the adjacent residents and to minimize the impact
9996
on adjacent residential areas.
FURTHER RESOLVED that, notice of the above hearing was given in accordance
with the provisions of Section 19.05 of Zoning Ordinance #543, as amended.
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made by Mr. Morrow, seconded by Mr. Soranno and unanimously adopted,
it was
#6-131-87 RESOLVED that, the City Planning Commission does hereby determine to
waive the provisions of Section 10 of Article VI of the Planning Com-
mission Rules of Procedure regarding the seven-day period concerning
effectiveness of Planning Commission resolutions in connection with
Petition 87-5-2-16 by Michael Boggio Associates for waiver use approval
to construct a retail shopping plaza on the south side of Five Mile Road
between Bainbridge and Spanich Court in the Northwest 1/4 of Section 23.
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
Mrs. Naidow, Secretary, announced the next item on the agenda is Petition 87-5-2-17
by John Dinan for waiver use approval to construct an office building
for general office uses on the west side of Newburgh Road, south of Six
Mile Road in the Northeast 1/4 of Section 18.
Mr. Nagy: The Engineering Division states in their letter that they have no
objection to this proposal.
Ken Czarnomski, Architect, 21999 Farmington Road, Farmington Hills: After studying the
site and area, we decided that general office for special services would
be the best use for the property. It will have a residential facade.
The dumpster has been eliminated and one additional parking space added.
Mrs. Sobolewski: Is Mr. Dinan coming back with a sign plan?
Mr. Czarnomski: Yes, he will eventually have to do that.
Laverne Smith, 37596 Bloomfield: Is there an ordinance that they have to put up a
solid wall?
Mr. Smith; Yes.
Ms. Smith: Then my only request is that they match the wall that is already there.
There was no one else present wishing to be heard regarding this item and Mr. Smith,
Chairman, declared the public hearing on Petition 87-5-2-17 closed.
On a motion duly made by Mr. Straub, seconded by Mr. Morrow and unanimously adopted,
it was
#6-132-87 RESOLVED that, pursuant to a Public Hearing having been held on June 16, 1987
by John Dinan for waiver use approval to construct an office building for
general office uses on the west side of Newburgh Road, south of Six Mile
in the Northeast 1/4 of Section 18, the City Planning Commission does here
recommend to the City Council that Petition 87-5-2-17 be approved subject
• 9997
to the following conditions:
(1) that Site Plan dated 5/87, marked Sheet A-1, prepared by
Architectural Resource Associates P.S. , which is hereby approved
shall be adhered to;
(2) that the Landscaping shown on the approved Site Plan shall be
installed prior to issuance of a Certificate of Occupancy and
shall thereafter be permanently maintained in a healthy condition;
and
(3) that the Building Elevation Plan marked Sheet A-2, dated 5/87,
prepared by Architectural Resource Associates P.C. , which is
hereby approved shall be adhered to;
(4) that the wall to be constructed on the site shall match the
existing wall; and
(5) that there shall be no trash dumpsters located on the site;
for the following reasons:
(1) The subject site has the capacity to accommdodate the proposed
use.
(2) The proposed use complies with all of the waiver use standards
set forth in Section 9.03 and 19.06 of Zoning Ordinance #543.
(3) The proposed use is compatible to and in harmony with the
surrounding uses in the area.
FURTHER RESOLVED that, notice of the above hearing was given in accordance
with the provisions of Section 19.05 of Zoning Ordinance #543, as amended.
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
Mrs. Naidow, Secretary, announced the next item on the agenda is Petition 87-5-2-18
by William Roskelly for waiver use approval to construct an automatic car
wash on the south side of Plymouth Road between Levan and Yale in the
Northeast 1/4 of Section 32.
Mr. Nagy: A letter in the file from the Engineering Division states that there
are no City maintained storm sewers readily available to service this
site and that Plymouth Road has not been dedicated to its fullest
extent in this area.
William Roskelly, 15126 Beech Daly, Redford: We will be submitting this to the State
Highway Department for their permission for a restricted run-off. Be-
cause of the size of the area, we have room for on-site retention.
The dedication of Plymouth Road will be taken care of at the time of
Site Plan approval. We are putting a 152' x 37' building on a 150' x
500' lot with considerable greenbelt as the Commission requests.
Mr. Smith: How much greenbelt?
Is
Mr. Roskelly: In excess of 200' .
9998
Mr. Soranno: Will you recycyle the wash water?
tMr. Roskelly: There are retention tanks on the side of the building and it is re-
cycled water. It is not the storm run-off water.
Guy Smith, 35924 Leon: We have had problems with water from this area flowing down to
our land. I had to make an artificial berm to keep it away. I would
like to see a plan showing this.
Mr. Roskelly showed Mr. Smith a site plan.
William McIntyre, 35996 Leon: Are you deadlocking this piece of property?
Mr. Smith: I think it would be.
There was no one else present wishing to be heard regarding this item and Mr. Smith,
Chairman, declared the public hearing on Petition 87-5-2-18 closed.
On a motion duly made by Mr. Sobolewski and seconded by Mr. Straub, it was
#6-133-87 RESOLVED that, pursuant to a Public Hearing having been held on June 16, 1987
on Petition 87-5-2-18 by William Roskelly for waiver use approval to
construct an automatic car wash on the south side of Plymouth Road between
Levan and Yale in the Northeast 1/4 of Section 32, the City Planning Com-
missijon does hereby recommend to the City Council that Petition 87-5-2-18
be approved subject to the following conditions:
(1) that Revised Site Plan dated 6/16/87, prepared by Basney & Smith,
which is hereby approved shall be adhered to;
t (2) that Building Elevation Plan dated 6/8/87, marked Sheet 2 of 5,
which is hereby approved shall be adhered to;
(3) that Landscape Plan dated 5/11/87, prepared by Basney & Smith,
which is hereby approved shall be adhered to and all landscaping
installed prior to issuance of a Certificate of Occupancy and
thereafter permanently maintained in a health condition; and
(4) that any roof-top mechanical units shall be screened from public
view;
for the following reasons:
(1) The proposed use complies in every respect with the waiver use
standards and requirements set forth in Section 11.03 and 19.06
of Zoning Ordinance #543.
(2) The subject site has the capacity to accommodate the proposed
use.
(3) The proposed use is compatible to an in harmony with the surround-
ing uses in the area.
FURTHER RESOLVED that, notice of the above hearing was given in accordance
with the provisions of Section 19.05 Zoning Ordinance #543, as amended.
A roll call vote on the foregoing resolution resulted in the following:
C
9999
AYES: Sobolewski, Straub, Hildebrandt. Soranno, Morrow, Vyhnalek, Smith
NAYS: Naidow
ABSENT: Kluver
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made by Mrs. Hildebrandt, seconded by Mrs. Sobolewski and unanimously
adopted, it was
#6-134-87 RESOLVED that, the City Planning Commission does hereby determine to
waive the provisions of Section 10 of Article VI of the Planning Com-
mission Rules of Procedure regarding the seven-day period concerning
Petition 87-5-2-18 by William Roskelly for waiver use approval to con-
struct an automatic car wash on the south side of Plymouth Road between
Levan and Yale in the Northeast 1/4 of Section 32.
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
Mrs. Naidow, Secretary, announced the next item on the agenda is Petition 87-5-2-19
by Bob George for waiver use approval to utilize an existing residence
located on the southwest corner of Eight Mile Road and Angling in the
Northeast 1/4 of Section 1 for general office purposes.
Mr. Nagy: There is a letter in the file from the Engineering Division which
states that it does not appear that the site development is predicated
on filling any of the designated floodplain area for the Upper Rouge
River. The letter also notes that Angling Road has not been dedicated
to its fullest extent (43 feet) west of the centerline in accordance
with the City's Master Thoroughfare Plan.
Bob George, Mt. Pleasant: This is being used for a residence right now. No extension
is planned at the time. It will be used for a home improvement company.
No public coming into the building. There will be five employees. I
have submitted a site plan to the Commission.
Mr. Vyhnalek: The site is being developed but only 2.24 acres. What is the balance
going to be used for?
Mr. George: I have no plans for the balance.
Mr. Vyhnalek: Do you have plans to put up a building along Eight Mile in the future?
Mr. George: No.
Mrs. Naidow: How much land is left to build after you take out the flood plain?
Mr. Bakewell: About 2/3 of the lot.
Mrs. Naidow: You are putting on a new garage door. Why are you keeping the garage
if it's going to be office?
t Mr. George: The owner would like to keep it for his personal use. He is in a
wheel chair.
Mr. Soranno: Is there a dumpster on the site?
10,000
Mr. George: We proposed to put a dumpter on the site.
Mr. Soranno: Can we modify the site plan to remove the dumpter?
Mr. George: I would be happy to. There are only four or five employees there.
Mr. Sobolewski: What is the name of your company?
Mr. George: Able Products.
Resident on Angling: There is ahouse there now and will this bring a flow of traffic?
Mr. Smith: There are only four employees and there will not be a problem. Maximum
of six cars.
There was no on else present wishing to be heard regarding this item and Mr. Smith,
Chairman, declared the public hearing on Petition 87-5-2-19 closed.
On a motion duly made by Mr. Vyhnalek and seconded by Mr. Straub, it was
#6-135-87 RESOLVED that, pursuant to a Public Hearing having been held on June 16, 1987
on Petition 87-5-2-19 by Bob George for waiver use approval to utilize
an existing residence located on the southwest corner of Eight Mile Road
and Angling in the Northeast 1/4 of Section 1 for general office purposes,
the City Planning Commission does hereby recommend to the City Council
that Petition 87-5-2-19 be approved subject to the following conditions:
(1) that the Site Plan prepared by Richard A. Zischke, Architect,
which is hereby approved shall be adhered to;
t (2) that the Building Elevation Plan prepared by Richard A. Zischke,
Architect, which is hereby approved shall be adhered to;
(3) that there shall be no outside storage of trash;
for the following reasons:
(1) The proposed use complies with all waiver use standards set
forth in Section 9.03 and 19.06 of Zoning Ordinance #543.
(2) The subject site has the capacity to accommodate the proposed
use.
(3) The proposed use is compatible to and in harmony with the
surrounding uses in the area.
FURTHER RESOLVED that, notice of the above hearing was given in accordance
with the provisions of Section 19.05 of Zoning Ordinance #543, as amended.
Mr. Smith, Chairman, declared the motion is carried and the foregoing reslution adopted.
Mrs. Naidow, Secretary, announced the next item on the agenda is Petition 87-3-3-4 by
Doris Batten requesting to vacate a portion of an easement located north
of and adjacent to Lot 472 of Supervisors Livonia Plat No. 8, west of
Oporto in the Southeast 1/4 of Section 2.
Mr. Shane: According to a letter in the file from the Engineering Division, the
,
10,00
legal description in connection with this petition contains five feet
of the original easement area to accommodate an existing sanitray
sewer along the southerly limits of the original Pembroke Avenue.
, Doris Batten: In 1983, the Council approved the closing of Pembroke. Thirty feet was
recorded as being deeded to me.
Mr. Nagy: The City vacated the former right-of-way but retained the full width
easement over the right-of-way. She is asking that we vacate the
easement. The purpose is that the buildable area of her lot would be
increased.
Mr. Vyhnalek: Do you plan on building a house there?
Ms. Batten: Yes.
Kynis Maynor, 19828 Doris: Is that all you are vacating? We have no objection to this
but would like it extended to Doris so we can then put in some greenery.
Mr. Nagy: The petitioner is interested only in her lot but the City can vacate it
if it is thought to be of benefit to the neighborhood. We will look at
it separately in a future petition now that you have requested it.
There was no one else present wishing to be heard regarding this item and Mr. Smith,
Chairman, declared the public hearing on Petition 87-3-3-4 closed.
On a motion duly made by Mr. Straub, seconded by Mrs. Hildebrandt and unanimously
adopted,it was
a #6-136-87 RESOLVED that, pursuant to a Public Hearing having been held on June 16, 1987
on Petition 87-3-3-4 by Doris Batten requesting to vacate a portion of an
easement located north of and adjacent to Lot 472 of Supervisors Livonia
Plat No. 8, west of Oporto in the Southeast 1/4 of Section 2, the City
Planning Commission does hereby recommend to the City Council that Petition
87-3-3-4 be approved for the following reasons:
(1) The subject easement is no longer required do protect public
utilities.
(2) By the abandonment of the subject easement, the property is
more usable for private purposes.
FURTHER RESOLVED that, notice of the above hearing was given in accordance
with the provisions of Section 12.08.030 of the Livonia Code of Ordinances,
as amended.
Mr. Smith, Chairman, announced the motion is carried and the foregoing resolution
adopted.
On a motion duly made by Mrs. Naidow, seconded by Mr. Vyhnalek and unanimously adopted
it was
#6-137-87 RESOLVED that, the minutes of the 537th Regular Meeting held by the City
Planning Commission on June 2, 1987 are approved.
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
1:
adopted.
10,002
On a motion duly made by Mr. Morrow, seconded by Mrs. Hildebrandt and unanimously
adopted, it was
46-138-87 RESOLVED that, The City Planning Commission does hereby recommend to the
1;
City Council that the Revised Site Plan submitted in connection with
Petition 83-9-8-24 for approval of all plans in connection with a propsal
to construct a drive-thru convenience window on the existing restaurant
located on the south side of Seven Mile Road, east of Middlebelt in
Section 12 be approved subject to the following conditions:
(1) that Revised Site Plan dated 5/12/87, prepared by Basney &
Smith, which is hereby approved shall be adhered to; and
(2) that Landscape Plan dated 6/11/87, prepared by Burger King
Corporation, which is hereby approved shall be adhered to and
all landscaping installed shall be permanently maintained in
a healthy condition.
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made by Mrs. Hildebrandt, seconded by Mr. Straub and unanimously adopted
it was
#6-139-87 RESOLVED that, pursuant to a letter dated 5/15/87 from American Legion
Post No. 32, the City Paning ition 84�9i8S34nfores theereby re-affirm construction ofias
s
previous approval of Pet
building on the east side of Newburgh Road between Ann Arbor Trail and
Joy Road in Section 32 subject to the same conditions as were imposed
on the petition by Planning Commission Resolution #10-217-84, dated
October 17, 1984.
t: Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made by Mr. Soranno, seconded by Mr. Vyhnalek and unanimously adopted,
it was
#6-140-87 RESOLVED that, the City Planning Commission does hereby recommend to the
City Council that the Sign Permit Application by Brownie's Sign Company
on behalf of The Michigan Group to erect two wall signs on a building
located at 17000 S. Laurel Park Drive be approved subject to the follow-
ing condition:
(1) that the Sign Graphics prepared by Brownie's Sign Company for
two 34.5 square-foot wall signs shall be adhered to.
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made by Mr. Straub, seconded by Mr. Soranno and unanimously adopted,
it was
#6-141-87 RESOLVED that, the City Planning omissi b does herSignrServmicedcto,the
City Council that Sign Permit A p Y
41,
10,003
Inc. , on behalf of Waterbed Mart, to erect a wall sign on a building
located at 18979 Middlebelt be approved subject to the following con-
dition:
144: (1) that the Sign Graphics prepared by A.A.A. Sign Service Co. ,
Inc. , for a twenty square-foot wall sign shall be adhered
to.
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made by Mr. Morrow and seconded by Mr. Straub, it was
#6-142-87 RESOLVED that, the City Planning Commission does hereby approve Petition
87-6-8-18 by Alexander Bogaets & Associates for approval of all plans
required by Section 18.58 of Zoning Ordinance #543 in connection with
a proposal to construct retail stores on the northwest corner of Joy
Road and Newburgh in Section 31 subject to the following conditions:
(1) that Revised Site Plan dated 6/12/87, prepared by Alexander V.
Bogaets & Associates, Architects, which is hereby approved shall
be adhered to;
(2) that Revised Landscape Plan dated 6/12/87, prepared by Ludwig &
Associates, Landscape Architects, is hereby approved and the
landscape materials shall be installed on the site prior to
issuance of a Certificate of Occupancy and thereafter permanently
maintained in a healthy condition; and
(3) that Revised Building Elevation Plan dated 6/12/87, prepared by
Alexander V. Bogaets & Associates, Architects, which is hereby
approved shall be adhered to.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Morrow, Straub, Hildebrandt, Soranno, Sobolewski, Vyhnalek, Smith
NAYS: Naidow
ABSENT: Kluver
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made by Mr. Soranno, seconded by Mr. Vyhnalek and unanimously adopted,
it was
#6-142-87 RESOLVED that, the City Planning Commission does hereby recommend to the
City Council that Sign Permit Application by Ed Bezilla, Visual Entities,
on behalf of Ameri Center of Livonia to erect a ground sign on property
located at 39111 Six Mile Road be approved subject to the following con-
dition:
(1) that the Sign Graphics prepared by Ameri Center of Livonia
for a 3' x 8' , twenty-four square-foot ground sign four feet
high shall be adhered to.
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
10,004
On a motion duly made by Mr. Vyhnalek, seconded by Mr. Morrow and unanimously adopted,
tit was
#6-144-87 RESOLVED that, the City Planning Commission does hereby approve the Final
Plat for Sunset Park Estates Subdivision proposed to be located on the
east side of Louise Avenue, north of Six Mile Road and west of Middle-
belt Road in the Southeast 1/4 of Section 11 for the following reasons:
(1) that all financial obligations imposed upon the proprietor of
the Subdivision by the City have been complied with.
(2) The City Engineer has no objection to approval of the Final
Plat.
(3) The Final Plat is drawn in full compliance with the previously
approved Preliminary Plat.
Mr. Smith, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made, seconded and unanimously adopted, the 539th Regular Meeting and
Public Hearings held by the City Planning Commission on June 16, 1987
was adjourned at 10:45 p.m.
CIT/-PLANNING COMMI SION
C P(A4.4. 771 Donna J. Nai ow, Secretary
ATTEST:
C. Russ Smith, Chairman
ac