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HomeMy WebLinkAboutPLANNING MINUTES 1983-12-13 9043 MINUTES OF THE 465th REGULAR MEETING 1110: AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, December 13, 1983, the City Planning Commission of the City of Livonia held its 465th Regular Meeting and Public Hearings in the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan. Mr. Jerome Zimmer, Vice Chairman, called the meeting to order at 8:05 p.m. with approximately 25 interested persons in the audience. Members present: Jerome Zimmer Lee R. Morrow Donald Vyhnalek Donna Naidow Joseph Falk Sue Sobolewski Members absent: Daniel Andrew *Judy Scurto **Herman Kluver Messrs. John J. Nagy, Planning Director; H. G. Shane, Assistant Planning Director; and Ralph H. Bakewell , Planner IV, were also present. Mr. Zimmer informed the audience that if a petition on tonight's agenda involves a waiver of use request and the petition is denied by the Planning Commission, the petitioner has ten days in which to appeal that denial to the City Council . Other- wise the petition is terminated. Mr. Falk, Secretary, announced the first item on the agenda is Petition 83-10-2-37 by Vilas L. Allen, D.V.M. , requesting waiver use approval to con- struct a veterinary hospital on the east side of Farmington Road between Seven Mile Road and Clarita in the Northwest 1/4 of Section 10. Mr. Nagy: There is a letter in the file dated 10/17/83 from the Engineering Division indicating that there are no storm sewers readily available to this site and that it may be necessary for the developer to pro- vide a new storm sewer in order to provide an outlet for the site. Dr. Vilas L. Allen, petitioner: I have been in business for twenty years in the present facility and have outgrown it . The purpose for this request is to enlarge our facility for better and more adequate service. Mr. Zimmer: Do you currently own the property? Dr. Allen : Yes. Mr. Zimmer: Does anything by way of hours of activity necessarily change with the development? Dr. Allen : No. Mr. Zimmer: How are you going to handle the barricading of the northern exit? t4 Dr. Allen : There wi l l be railroad ties with fence between them so it can be opened up if necessary to shovel snow but it will not be overly used. It will be barricaded but we will have access when necessary. 9044 Mr. Vyhnalek: I was concerned about the trash container. 1 Dr. Allen: We have done away with that. It will be an inside compactor. Mr. Vyhnalek: Does the sewer thing present a problem? Dr. Allen: No, we have cleared that up. There is a sewer that comes up there and we have catch basins with drainage. Mr. Vyhnalek: You are working with the Engineering Department? Dr. Allen: Yes. Mr. Vyhnalek: You have agreed to 20' on the light post? All 3 are on the site plan? Dr. Allen: Yes. There was no one else present wishing to be heard regarding this item and Mr. Zimmer, Vice Chairman, declared the public hearing on Petition 83-10-2-37 closed. On a motion duly made by Mr. Morrow and seconded by Mrs. Sobolewski , it was #12-222-83 RESOLVED that, pursuant to a public hearing having been held on December 13, 1983 on Petition 83-10-2-37 by Vilas L. Allen, D.V.M. , requesting waiver use approval to construct a veterinary hospital on the east side of Farmington Road between Seven Mile Road and Clarita in the Northwest 1/4 of Section 10, the City Planning Com- mission does hereby recommend to the City Council that Petition 83-10-2-37 be approved , as amended, subject to the following conditions : (1) that the Site Plan dated 12/8/83, Sheet 1 , as revised, prepared by William V. Copich, Architect , which is hereby approved shall be adhered to; (2) that the Floor Plan and Building Elevation Plan marked Sheet #2 and Sheet #3, respectively, dated 10/7/83, prepared by William V. Copich, Architect , which are hereby approved shall be adhered to; (3) that the Landscape Plan prepared by Green Ridge Nursery, dated 12/9/83, which is hereby approved shall be adhered to and all plant materials installed on the site prior to issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition; for the following reasons: (1) The proposal complies in every respect with the special and general requirements and conditions contained in Section 11 .03 and Section 19.06 of the Zoning Ordinance. (2) The subject site has the capacity to accommodate the proposed use. (3) The proposed use will be compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED that, notice of the above hearing was given in 9045 accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. IL, *Mrs. Scurto entered the meeting at 8:15 p.m. **Mr. Kluver entered the meeting at 8:15 p.m. A roll call vote on the foregoing resolution resulted in the following: AYES: Morrow, Naidow, Sobolewski , Vyhnalek, Falk, Zimmer NAYS: None ABSTAIN: Scurto, Kluver ABSENT: Andrew Mr. Zimmer, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk, Secretary, announced the next item on the agenda is Petition 83-10-2-38 by Daniel Robin requesting waiver use approval to utilize an SDM License in connection with an existing party store located on the southeast corner of Plymouth Road and Levan in the Northeast 1/4 of Section 32. Mr. Nagy: There is a letter in the file from the Engineering Division stating that they have no objections to this petition. Mrs . Kathleen McCann, Attorney representing the petitioner: The petitioner's building te was under construction at the time the new ordinance was passed which required this approval . Mr. Robin has taken a vacant gas station and converted it substantially at a cost of a half-million dollars and I believe it will upgrade the area. The developers were under the im- pression they would be allowed a license with no problems. Not until after they had their money invested did they know that they needed this approval . It is not a new license; it is a transferred license from Michigan Dinos Pizza previously located on Seven Mile. Mr. Zimmer: Is this petitioner M. Robin, also the owner of the building? Mrs. McCann introduced Mr. Daniel Robin, petitioner. Mr. Morrow: Do you operate this facility yourself? Mr. Robin: I am leasing the building from the landlord. I will be owning the business only, not the building. Emmanuel Daniel is the owner of the building. Mr. Zimmer: This question has been here before, right? Mrs. McCann: That was on a comination of the SDD and the SDM License. ( , Mr. Robin: That was not a transfer, but a new license. Mr. Morrow: Had you leased the building prior to clearing up the SDD and the SDM License? 9046 to Mr. Robin: Yes, there was an agreement between the owner and me. At the time the zoning board knew all about the proposed building and it is not that we did something to change the use after we put up the building. Mr. Morrow: You indicated that the viability of your business is in jeopardy with- out at least the beer and wine license? Mr. Robin: Yes. Mr. Zimmer: Does your client run a business like this now? Mr. Robin: Yes, in Royal Oak for the past ten years with no violations at all . Mrs. McCann : As a result of speaking with various members of this body as to there possibly being a problem with the people in that area, my client and the owner of the property went door to door and spoke to a number of people in the neighborhood and we got a favorable response from those people. I have two written letters in favor of Mr. Daniel , one from Mr. Spohr, 11405 Levan, and Jim and Ann Hissong of 11079 Levan, stating that they have no objections to the beer and wine store. Mrs. McCann read the letters and then submitted them for the record. Mr. Musallam, 35111 Parkdale: I live in the subdivision where the new store will be liM10opening. I used to send my kids to buy some groceries and I worried about them because they had to cross Wayne Road or Plymouth Road. With this, they would go down Parkdale and wouldn't have to cross a busy street. I will be happy for this because it will be near my house, and all the people around me want the store. Robert Scott, 36045 Leon: I am against the petition. I don' t object to the store. This is a nicer building than before. I am against the SDM License. There is enough beer and wine available now in the immediate area. This was pointed out to the Council last time. I don't think anything has changed. I feel that that use of the property to sell alcoholic beverages is too close to a thoroughfare. There is enough liquor available within a few thousand feet. My children are older now but when they were young, I didn't send them across Plymouth Road, I went myself. I think this store would lower the quality of life in the area. Mr. Morrow: You mentioned liquor a couple of times. You do understand that this is for the sale of beer and wine. Mr. Scott: Yes, I understand that and my reasons for objecting still stand. Mrs. Scurto: My opinion is that it has changed since that time. I have since thought that this man can't possibly make a business go on bread and milk and candy bars and pop. I think your community is better off with a viable business than with a boarded up building as it was for so many years. Mr. Scott : I am sorry the gentleman spent so much money and that he might lose it. The building could be used for something else. When there was a petitioner for a restaurant, we were told we were losing tax money and IL the City would be better if something was there besides weeds and I think somebody had the foresight that that was not the best for Livonia. The property is not losing money. 9047 IL: Mrs. Scurto: At this point, the man has converted a junkie looking station and 4 we knew at the time he went in there that it would be a party store. I am sorry that the citizens didn't stand up at that time and say they didn't want a party store. Donald Gaskell , 35570 Leon: I have lived here for two years and what this gentleman has done has been good for our neighborhood. I had to cross Wayne Road when I was young and it takes fifteen to twenty minutes to cross. I think this is convenient for the people in the neighborhood and the people I have talked with think it is a good thing to have here. Gerald Spohr, 11405 Levan: This is the first time the corner has looked half way decent since I have lived in the City. There is really nothing close by. I have no objection to this gentleman opening his store or getting his license. William McIntyre, 35996 Leon: We have been to two or three public hearings and have gone through this before and now again. I think you should advertise what an SDM License is. I don't think anybody on this panel has even considered the traffic problem or what Livonia has done to Plymouth Road. Now we come back with the same thing. Has anybody ever tried to cross Plymouth Road at 5 or 6 o'clock at night. We have a traffic problem there and your signs are bad. lip: Larry Warner, 35871 Parkdale: I have lived here for nineteen years during the period of time when we residents were trying to get traffic reduced in our neighborhood. We have a tremendous amount of traffic, particularly at night and we had the death of a little child. All of the traffic control we have there now is a result of activity by the residents of the neighborhood. With a liquor license, I can see now going back to the days when we had intensive traffic - not in numbers of cars but in speed. There have been two instances where we had racing related to alcohol . Mr. Vyhnalek: Are you trying to say that people who stop here are already under the influence of alcohol and then go through your subdivision? I don't understand how you can blame this store because people buy liquor somewhere and then go through yoursubdivision. Cars have hit my car in my subdivision and there isn't a liquor store anywhere near. Mr. Zimmer: It is clear that you are opposed to this petition but I want to point out again that this is a beer and wine license, not a liquor license. Mr. Warner: I understand and it doesn' t make any difference. The strip along Plymouth Road is probably the most lucrative and valuable property in the whole area. This is a very expensive piece of property they have paid half a million dollars for, however, we have a large com- libmunity with troubles in the past which I can see coming back again. This property can be used for something else. There was no one else present wishing to be heard regarding this item and Mr. Zimmer, Vice Chairman, declared the public hearing on Petition 83-10-2-38 closed. On a motion duly made by Mrs. Scurto and seconded by Mr. Morrow, it was 9048 #12-223-83 RESOLVED that, pursuant to a Public Hearing having been held on December 13, 1983 on Petition 83-10-2-38 by Daniel Robin requesting waiver use approval to utilize an SDM License in connection with an existing party store 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 83-10-2-38 be approved for the following reasons : (1) The proposed use complies with the requirements of Zoning Ordinance #543, Section 11 .03(r) that relate to the proposed use. (2) The site has the capacity to support the proposed use. (3) The site or building will not be altered to accommodate the proposed use and the site has good access to thoroughfares to accommodate any additional traffic that may be generated as a result of this proposed use. (4) The proposed use will not adversely affect any of the surround- ing or established uses of the area as the site is adequately separated from any adjoining uses, particularly the residential subdivision located further to the south. tO 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. A roll call vote on the foregoing resolution resulted in the following: AYES: *Kluver, Morrow, Scurto, Sobolewski , Vyhnalek, Falk NAYS: Naidow, Zimmer ABSENT: Andrew *Mr. Kluver: I initially did not support this because it was a new license. Since it is a transferral , I will support it. Mr. Zimmer, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk, Secretary, announced the next item on the agenda is Petition 83-10-6-5 by the City Planning Commission pursuant to Section 23.01 (b) of Zoning Ordinance #543 to amend Section 11 .03(c) of Ordinance #543 to incorporate regulations pertaining to the location of drive-in window facilities on restaurants within C-2 Zoning Districts. There was no one present wishing to be heard regarding this item and Mr. Zimmer, Vice Chairman, declared the public hearing on Petition 83-10-6-5 closed. On a motion duly made by Mr. Vyhnalek, seconded by Mr. Kluver and unanimously adopted, tie it was #12-224-83 RESOLVED that, pursuant to a public hearing having been held on December 13, 1983 on Petition 83-10-6-5 by the City Planning Commission pursuant to Section 23.01 (b) of Zoning Ordinance #543 9049 to amend Section 11 .03(c) of Ordinance #543 to incorporate regulations pertaining to the location of drive-in window facilities on restaurants within C-2 Zoning Districts, the City Planning Commission does hereby recommend to the City Council that Petition 83-10-6-5 be approved for the following reasons: (1) The proposed Zoning Ordinance amendment will provide the City with an added degree of control over the location and nature of restaurant drive-up window facilities. (2) The proposed language amendment will strengthen the Zoning Ordinance as regards special waiver use requirements. 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. Zimmer, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto, seconded by Mr. Vyhnalek and unanimously adopted, it was #12-225-83 RESOLVED that, pursuant to Council Resolution #820-83, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not property located on the southwest corner of Seven Mile and Middlebelt Roads in the Northeast 1/4 of Section 11 should be rezoned from P to C-1 and C-2. AND that, notice of such hearing shall be given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Zimmer, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Vyhnalek, seconded by Mrs. Naidow and unanimously adopted, it was #12-226-83 RESOLVED that, pursuant to Section 18.47 of Zoning Ordinance #543, the City Planning Commission does hereby recommend to the City Council that Sign Permit Applications #630, #631 and #632 for approval to erect four signs on property located on the west side of Farmington Road, south of Eight Mile Road in Section 4 be approved subject to the following conditions: (1) that the signs for Building "F" as shown on the drawing by Group Health Plan are hereby approved and shall be adhered to, and (2) that the signs for Building "C" as shown on the drawing by Group Health Plan are hereby approved and shall be adhered to. Mr. Zimmer, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. 9050 On a motion duly made by Mrs. Naidow and seconded by Mrs. Scurto, it was #12-227-83 RESOLVED that the minutes of the 464th Regular Meeting held by the City Planning Commission on November 29, 1983 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Morrow, Scurto, Naidow, Sobolewski , Vyhnalek, Zimmer NAYS: None ABSTAIN: Kluver, Falk ABSENT: Andrew Mr. Zimmer, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs . Sobolewski , seconded by Mr. Vyhnalek and unanimously adopted, it was #12-228-83 RESOLVED that, the City Planning Commission does hereby approve the requested revisions to the Site Plan submitted in connection with Petition 77-3-2-4 to incorporate an addition to an existing restaurant located on the north side of Five Mile Road, east of Merriman Road in the Southwest 1/4 of Section 14 , subject to the following conditions: tO (1) that Site Plan #7717, revised 12/9/83, prepared by Hardees r Restaurants, Inc. , which is hereby approved shall be adhered to; i (2) that the Landscape Plan received on 12/13/83 and the Landscape Planting List dated 12/11/83 which are hereby approved shall be adhered to; (3) that Building Elevation Plan dated 10/18/83 which is hereby approved shall be adhered to; (4) that all landscape materials as shown on the approved Landscape Plan shall be installed on the site prior to issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition; and (5) that the petitioner shall furnish a copy of a recordable agree- ment for the lease of at least seven (7) parking spaces from the adjacent property; for the following reasons: (1) The proposal complies in every respect with all of the general and specific conditions and requirements contained in Section 11 .03 and 19.06 of Zoning Ordinance #543. (2) The proposed site has the capacity to accommodate the proposed too use. (3) The proposed use is compatible to and in harmony with the surrounding uses of the area. 9051 Mr. Zimmer, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow, seconded by Mr. Vyhnalek and unanimously adopted, it was #12-229-83 RESOLVED that, pursuant to Section 8.02 of Zoning Ordinance #543, the City Planning Commission does hereby recommend to the City Council that Petition 83-11-8-29 by Smith & Schurman Associates, Inc. , requesting approval of all plans required by Section 8.02 submitted in connection with a proposal to develop multi-family dwellings on the west side of Newburgh Road between Laurel Park Drive and Seven Mile Road in Section 7, subject to the following conditions: (1) that the Site Plan 83-3220, Sheet 1 , prepared by Smith and Schurman Associates, dated 12/2/83, which is hereby approved shall be adhered to; (2) that the Building Elevations as shown on Plan 83-3220, Sheet 2, prepared by Smith and Schurman Associates, dated 11/7/83, which are hereby approved shall be adhered to; (3) that the Landscape Plan, Sheets 1-A & 2-A, dated 12/5/83, by James C. Scott Associates, which is hereby approved shall be adhered to; 1140 (4) that the approved landscaping along Newburgh Road and N. Laurel Park Drive shall be installed when the sale models are ready for buyer inspection; and (5) that the internal site illumination shall be as represented by the J. H. Spaulding Contempera Model 900 series using 8' poles for the pedestrian lighting and 14' poles for the vehicular lighting. Mr. Zimmer, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Vyhnalek, seconded by Mrs . Scurto and unanimously adopted, it was #12-230-83 RESOLVED that, the City Planning Commission does hereby approve the Revised Site Plan submitted in connection with Petition 77-8-2-20 by George Pelham Head for Sacred Heart Byzantine Rite Catholic Church requesting waiver use approval to construct a one-story social hall and activities center on the south side of Six Mile Road between Middlebelt and Savoi in the Northwest 1/4 of Section 13, subject to the following conditions : (1) that Site Plan No. 83101 , Sheet A-la, dated 12/03/83, prepared by John Urban, Architect, which is hereby approved shall be adhered to; (2) that Building Elevation Plan, revised 12/07/83, prepared by John Urban, Architect, which is hereby approved shall be adhered to; 9052 (3) that the existing house currently being used for office and meeting room purposes shall be removed within one year from the date of issuance of a Certificate of Occupancy for the new social hall and activities building addition; and (4) that all parking lots as shown on the revised Site Plan shall be hard surfaced with asphalt or such other similar type materials within two years from the date of issuance of a Certificate of Occupancy for the new building addition. Mr. Zimmer, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow, seconded by Mr. Vyhnalek and unanimously adopted, it was #12-231-83 RESOLVED that, pursuant to Section 18.47 of Zoning Ordinance #543, the City Planning Commission does hereby recommend to the City Council that Petition 83-11-8-33 by G. Soave requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to construct a medical office building on the south side of Seven Mile Road, east of Farmington Road in Section 10 be approved subject to the following conditions : (1) that Site Plan #83130, Sheet P-1 , as revised 12/9/83, prepared by Biernat & Associates which is hereby approved shall be adhered to; (2) that the Building Elevations as shown on Sheet P-3, dated 12/1/83, prepared by Biernat & Associates which are hereby approved shall be adhered to; (3) that the Landscape Plan dated 11/29/83 prepared by Villanova Construction Co. , Inc. , which is hereby approved shall be adhered to; and (4) that the approved landscaping shall be installed on the site prior to building occupancy and thereafter maintained in a healthy condition. Mr. Zimmer, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Naidow, seconded by Mrs. Scurto and unanimously adopted, it was #12-232-83 RESOLVED that, the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure regarding the seven day period con- cerning effectiveness of Planning Commission resolutions in connec- tion with Petition 83-11-8-33 by G. Soave requesting approval of all plans required by Section 18.47 of Zoning Ordinance #543 submitted in connection with a proposal to construct a medical office building on the south side of Seven Mile Road, east of Farmington Road in Section 10. Mr. Zimmer, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. 9053 On a motion duly made, seconded and unanimously adopted, the 465th Regular Meeting and Public Hearings held by the City Planning Com- mission on December 13, 1983 was adjourned at 9:35 p.m. CITY PLANNING COMMISSION //� - � , •-eph J. /F! , Secretar ATTEST: , , - Zimmer, Vi airman ac