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HomeMy WebLinkAboutPLANNING MINUTES 1984-06-19 9157 MINUTES OF THE 476th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF "S, LIVONIA On Tuesday, June 19, 1984, the City Planning Commission of the City of Livonia held its 476th 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 8:00 p.m. with approximately 20 interested persons in the audience. Members present: Jerome Zimmer Lee R. Morrow Sue Sobolewski Joseph J. Falk Donna Naidow Judith Scurto Donald Vyhnalek Herman Kluver Members absent: Daniel R. Andrew 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 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. Mr. Falk, Secretary, announced the first item on the agenda is Petition 84-5-1-16 IL by Robert Chouinard to rezone property located on the west side of Farmington Road, south of Norfolk in the Northeast 1/4 of Section 4, from RUFA to P.S. Mr. Nagy: There is a letter in the file from the Engineering Division stating that small portions of the site may be encumbered with designated flood plain for the Tarabusi Drain in this area; otherwise there appears to be no other problems connected with the rezoning pro- proposal. Don DiComo, Architect for Kamp-DiComo Associates : We have been asked by the owner to represent him in this case. He resides in Florida and has owned the property for 15 to 17 years. It has been vacant for probably 12 of those years. He would like to do something with the property but keeping it residential is a problem for a couple of reasons. Farmington Road is not necessarily acceptable for ingress and egress to a residence. The property is narrow. Also, I did talk with the Planning Department and I do know of the Master Plan and your recom- mendations for keeping the area residential , however, I think some of the plans for the future development of the area, due to the 600' depth of the property, requires the extension of both Myron and Irving. If you look, you will see the property represented by W1X1 would be representative of the depth of the lot along the west side of Myron. In order to use his particular property, the residential depth of the lot becomes useful . My client felt we do have a natural buffer on the south side and on the north side where parking is, it is designated for residential . That might be a problem. 9158 There is liquor consumed on the premises of the Lodge and the parking lot is used for the Lodge. The buffer on the north side would make the residential area in this area more attractive. Mr. Zimmer: Is there a building on the property? Mr. DiComo: Yes. Mr. Zimmer; Is it occupied? Mr. DiComo: No, it is vacant. Mr. Falk: Why hasn't it been rented or utilized for 12 years? Mr. DiComo: They had some renters in there when they first moved to Florida but the building, energy-wise, is a guzzler. They have had a hard time renting it and the people who would move in had a hard time paying the utilities. The home is not in good repair. I don't believe it is an historical building but it would cost quite a bit to restore. Mr. Falk: Your arguments are presented well but you haven't convinced me that the zoning should be changed. Everyone here takes care of their property. He left the State and lives in Florida. We thought we already had a natural barrier in the Lodge and in the Tarabusi Drain. I don't think the people you represent have really been good citizens of Livonia. I hate to see Farmington go the same way as Middlebelt and other main arteries. Once you let one piece of land go, it is like setting a forest fire. I think the way the Future Land Use Plan is laid out is right and we should stop right here. Norman Salomonson, 19825 Farmington Road: I am the neighbor immediately north. What he says is true. The house has been vacant and for 15 years I mowed the lawn. If they try to get the rezoning, I have no objection personally. I have lived in this area for twenty some years. I have enjoyed the country setting. I guess you call it progress. Me and my wife have no objection if you want to go along with this. Mrs. Scurto: When they put in the subdivision behind you, did the developer contact you regarding the backs of your property? Mr. Salomonson: No, but we may have been out of the State. Mrs. Scurto: How large is your lot? Mr. Salomonson: 147' wide. He has 100' of frontage. Mr. Vyhnalek: You lived there twenty some years. Are you retired? Mr. Salomonson: Yes. Mr. Vyhnalek: Do you plan on staying in Livonia? t, Mr. Salomonson: Yes, I love Livonia, 9159 Mr. Vyhnalek: I wondered if you had thoughts down the road that if this goes, ILyour property may go along too. Mr. Salomonson: I am satisfied with Livonia where I am -- with the country setting. Howard Johnson, 19909 Farmington Road: My lot is next to Mr. Salomonson's lot. That is not true about the house being vacant all those years. When I purchased my home, there was a nephew living in the house. I live alone and I love Livonia. I would be very pleased to have it stay residential . John Evasic, 19970 Myron: I am surprised that my neighbor has lived there for twenty years and enjoyed all this stuff and now he is telling me he had his beautiful spot and is now ready to give it up. if he likes it so much, how can he think he will enjoy living with commercial lights and parking lots. I am against it. Irving Drive could go through and more residential homes could be developed. The adjoin- ing lots would be looking at parking lots if a professional build- ing goes in. I was prepared to ask that the professional building go about 100' away to block out the parking area If the Board looked like it would be favorable to professional buildings. I would be in favor of more homes but not commercial buildings. Buildings are usually being built now for multiple leasing. Ralph Kerska, 20013 Farmington: I received no notice of this meeting. Mr. Zimmer: We notify property owners within 500' . Are you farther way than 500'? IL Mr. Kerska: Yes. I am against it. I have lived here since 1948. I have seen rezoning all along Farmington Road. The west side was supposed to be residential only. They have tried to squeeze commercial right next to me. I built my home out here and intend to live here the rest of my life. We take care of our homes and would like to see other people do the same thing. Mr. DiComo: I appreciate the comments from the people and their concerns. We proposed this change only as being a sensible and logical buffer. If that is not the wish. of the Commission, I know this client very well and he will certainly go along with the wishes of the Commission. There was no one else present wishing to be heard regarding this item and Mr. Zimmer, Vice Chairman, declared the public hearing on Petition 84-5-1-16 closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Falk and unanimously adopted, it was #6-116-84 RESOLVED that, pursuant to a Public Hearing having been held on June 19, 1984 on Petition 84-5-1-16 by Robert Chouinard to rezone property located on the west side of Farmington Road, south of Norfolk in the Northeast 1/4 of Section 4, from RUFA to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 84-5-1-16 be denied ILfor the following reasons: (1) The proposed change of zoning Is in conflict with the Future Land Use Plan. 9160 (2) The proposed zoning district would represent a further IL encroachment into a residential area. (3) The proposed change of zoning would encourage additional requests for zoning changes on adjacent parcels to the north along Farmington Road. 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. Mr. Falk, Secretary, announced the next item on the agenda is Petition 84-5-2-21 by the Southland Corporation requesting waiver use approval to utilize an SDM License within a 7-Eleven Party Store proposed to be located on the southwest corner of Seven Mile and Inkster Roads in the North- east 1/4 of Section 12. Mr. Nagy: There is a letter in the file from the Engineering Division stating that both Inkster Road and Seven Mile Road have not been dedicated to their fullest extent in accordance with the City's Master Thorough- fare Plan and that these dedications should be required in connection with the development of this site. Mr. Zimmer: Are you aware of the Engineering Division's comments regarding right- of-way on Inkster and Seven Mile which would be quite some take from the property? 1 Mr. Thomas Gobel , 18903 Melvin, Livonia: I am with Tepee Realty. i haven't read it but it doesn't surprise me. I believe the site plan has taken that into consideration. I represent the sellers directly who are the Hinberns, and they have sold the property conditioned upon a beer and wine license. Mr. Morely from Southland Corporation is here tonight and Mr. Shorlock, the purchaser of the property, is here. Mr. Zimmer; Is it without question that the acquisition of the property by Southland would not proceed without this beer and wine license? Mr. Gobel : Yes, the sale is conditioned upon that. Mr. Zimmer: Are there buildings on the property? Mr. Gobel : Yes, two. One is being designated to the City and will be moved to Greenmead. It is one of the oldest residences in Livonia. The other house was built by the Hinberns and will be moved off the site. Mr. Scurto: I realize this is beer and wine only, but is this the same group of people who own the other 7-Eleven stores in the City? Mr. Gobel : Yes, Southland Corporation is the parent company. 110 Mrs. Scurto: I have some serious reservations about the maintenance of these businesses and this is one of the important corners of the City. i hope if you intend to develop that you plan to do something significantly better in the way of landscaping and maintenance of the building and property. 9161 Thomas Morely, Construction Manager for Southland Corporation: Recently we have had a change of attitude regarding landscaping and building appearance. 4 Mrs. Scurto: Are there any that you have built around here recently? Mr. Morley: No, they are in Warren and Centerline. Mr. Morrow: Do you have any company-operated stores or are they strictly franchize? Mr. Morley: Probably about 40% are company-operated. Mr. Morrow: Which will this be? Mr. Morley: I can't say. I am the contractor. Mr. Morrow: A lot of times Southland has been sympathetic to our feelings re- garding landscaping but then we find they are franchize operations and•they can't do much about it . One of the Commission's responsi- bilities is to protect property values. We ask for landscaping and that. it be maintained in its present state when it is put in. Mr. Morley: We have some franchizees who mow lawn everyday. Mr. Morrow: You have a track record in the City and we are measuring this development against your track record. ILMr. Morley: I don't know if the other stores are franchizes, Mr. Morrow: How many stores does 7-Eleven operate in Michigan? Mr. Morley: Roughly 120. Mr. Morrow: What else do they do besides 7-Eleven stores? Mr. Morley: We have a distribution -- mainly a grocery type warehouse. There is a chemical division down south and in Chicago. Mr. Vyhnalek: What Mr. Morrow has alluded to if this is passed and you come back with a site plan, at that time we would like to know if it will be franchize or corporate-operated. If it is going to be a franchise, we want the owner in here so we can talk to him about landscaping and a sprinkler system. Mr. Gobel : It has been my experience in the past that it is corporate run for awhile before you get into a franchise because they usually want to have a look at the books. Mr. Zimmer: We will have some conditions on all the things we would like and how it will be maintained. Those conditions are enforceable and we will enforce them. Those conditions will apply to whatever is on that property. This is our first opportunity to do something with Southland Corporation before the fact. You have had some abominable operations in the City. We understand your business but IL we don' t like what they look like. Mr. Morley: I control the purse strings on the building budget. I can guarantee 9162 that the grass will be cut and the landscaping maintained. 4 Mr. Falk: Mr. Nagy asked if you are willing at this point to dedicate the 4 right-of-way. Mr. Morley: I would have to review that very quickly with Mr. Nagy to what the dedication Is. Mr. Nagy: The plan calls for an additional 27' in both directions. Mr. Morley: That would be okay. Mr. Falk: This is a matter of record? Mr. Morley: As far as the details go, I would have my real estate man look at it but as far as I am concerned, I can build on what is there. Mr. Falk: I want to know that when the plans come in the dedication will be made. Mr. Morley: The plans we have submitted -- I picked up a mistake. I would like to remove most of the trees on Seven Mile because of security reasons. We will come back with some low profile plans. There was no one else wishing to be heard regarding this item and Mr. Zimmer, Vice Chairman, declared the public hearing on Petition 84-5-2-21 closed. On a moiton dulymade by Mr. Morrow and seconded by Mr. Vyhnalek, it was t 4 #6-117-84 RESOLVED that, pursuant to a Public Hearing having been held on June 19, 1984 1[0 on Petition 84-5-2-21 by The Southland Corporation requesting waiver use approval to utilize an SDM License within a 7-Eleven Party Store proposed to be located on the southwest corner of Seven Mile and Inkster Roads in the Northeast 1/4 of Section 12, the City Planning Commission does hereby recommend to the City Council that Petition 84-5-2-21 be approved for the following reasons: (.1) The proposed use is in compliance with all of the special and general waiver use standards and requirements set forth in Sections 10.03 and 19.06 of Zoning Ordinance #543. (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 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: IL AYES: Morrow, Scurto, Naidow, Sobolewski , Vyhnalek, Falk, Zimmer NAYS: Kluver ABSENT: Andrew 9163 Mr. Zimmer, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. IL On a motion duly made by Mr. Morrow and seconded by Mrs. Scurto, it was #6-118-84 RESOLVED that, the 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 concerning effective- ness of Planning Commission resolutions in connection with Petition 84-5-2-21 by The Southland Corporation requesting waiver use approval to utilize an SDM License within a 7-Eleven Party Store proposed to be located on the southwest corner of Seven Mile and Inkster Roads in the Northeast 1/4 of Section 12. A roll call vote on the foregoing resolution resulted -in the following: AYES: Morrow, Scurto, Naidow, Sobolewski , Vyhnalek, Falk, Zimmer NAYS: 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 84-5-2-20 by James L. Krupa requesting waiver use approval to add a muffler repair & replacement operation and expand an existing self-serve gas station located on the southwest corner of Ann Arbor Road and Ann Arbor Trail in the Northeast 1/4 of Section 31 . 1[; Mr. Nagy: There is a letter in the file from the Engineering Division in connection with this petition recommending the legal description of the property and stating that no site plan has been reviewed in connection with the petition. James Krupa, 29636 Hi l lbrook, Livonia: I am the Architect for the project. Primarily, this location is a self-serve gas station now. There are bays not being utilized. This is going to be a joint venture with Top Value Muffler Shops. In order to provide the service to our customers, it is anticipated that the building would need to be modified to the extent shown on the plan. We tried to work with existing con- ditions, building and site. At this time the site is entirely paved. The owner will install landscaping as required. If what we show needs to be modified, the owner indicated he will make an effort to conform to any recommendations of the Commission regarding landscaping or other conditions on the site needing modification. This is not a run-down building. We are planning on matching the existing construction as far as looks is concerned. Any repair needed will also be done at that time. Hours of operation are limited to 8 to 6 during the week and is not open on Sunday, only the self-serve gas station portion. This is a business in which cars are not normally left on the site. This is a fast service business and the possibility of a vehicle being left overnight is not often. Mr. Zimmer; Is this currently the B1-Rite Station? 0 Mr. Krupa; Yes. 9164 Mr. Zimmer: Those proprietors are separate from the muffler person? 1[ Mr. Hartsock, 42580 Bradner, Northville: What it is is that Bi-Rite and my company 0 have been working together in other locations. One in Garden City which we have had two years. He has no use for the two bays. What we are trying to do is put an addition on to service both needs. Mr. Zimmer: . On the basis of the plans submitted, they violate the Zoning Ordi- nance in terms of landscape requirements. This Board cannot act favorably even if it cared to. You either have to comply or seek relief from the Zoning Board of Appeals. We can hide behind that but the other concern is that you are willing to comply and we wonder if you can do all those things. We aren't sure they can be accomplished. The question of waiver of use is one of intensity. We have another question in terms of whether or not we think this is a good use for that neighborhood. Mr. Krupa: The amount of traffic going through there for gas is a greater number than people coming in for muffler repair. The people who live in the area are probably more likely to come for repair because of. convenience. I don't think traffic coming through the site will be a problem. Regarding the site plan, we presently show an excess of two parking spaces. In attempts to increase landscap- ing, there is room to increase landscaping without changing the parking count. We can definitely increase by eliminating two cars. We are willing to work With the Planning Department on the plan. IL Mr. Vyhnalek: Is this a 24-hour gas station? Mr. Krupa: Right now it Is. Mr. Vyhnalek: Do you have a convenience store? Mr. Hartsock: No. Mr. Vyhnaiek: Do you plan on putting in a party store? Mr. Hartsock; No. It really wouldn't make much sense with Stan's behind us. Mr. Krupa: No. Mr. Vyhnalek: Your parking spaces are scattered over the lot. Has that been changed. Mr. Krupa showed a plan to the Commission and explained the details on parking to them. Mr. Falk: The staff has looked at this area more than once. Has the staff seen or heard anything tonight to change its opinion and that it would not be detrimental to the area? Mr. Nagy: Not without a change to the plan. IL Mr. Falk: We hear all the time that "we will do this or that." Then when plans are drawn, you can't do this or that and go to the Zoning Board of Appeals. The professional staff has looked at this for years and we Just have a feeling that the people in that area should be protected. i don't think this is the place for this. The draw- ing is nice but if the staff is not convinced, I can't go along with it. 9165 Mrs. Scurto: How long has the station kitty-corner been vacant? Mr. Hartsock:1[0 Probably ten years or better. As far as congestion goes, I may see 20 cars a day. It is only busy in the morning and at night. I have been through the Planning Commission before. I am trying to comply and I understand what I am up against. Mrs. Scurto: My other comment is to my fellow Commissioners. We have had grocery stores and gas stations and yet we expect with the change in use of gas that these stations are going to be standard. Why isn't this a good use? Mr. Morrow: We are hard pressed tonight to say whether or not it is. We would like to see 15% landscaping. We have nothing against this gentle- man trying to increase his business but as one Commissioner, I haven't seen anything to vote in favor of other than a tabling resolution. Mrs. Scurto: Could you make it with just the bays? Mr. Morley: No, because of the storage. Mr. Krupa: There are presently two bays there: We do all loading and unloading of mufflers and pipes in the rear of the building. We are expanding to accomplish one additional bay. Mr. Krupa showed a site plan and an elevation plan to the Commission and explained both to the Commission. J There was no one else present wishing to be heard regarding this item and Mr. Zimmer, Vice Chairman, declared the public hearing on Petition 84-5-2-20 closed. On a motion duly made by Mrs. Scurto and seconded by Mr. Zimmer, it was #6-119-84 RESOLVED that, pursuant to a Public Hearing having been held on June 19, 1984 on Petition 84-5-2-20 by James L. Krupa requesting waiver use approval to add a muffler repair & replacement operation and expand an existing self-serve gas station located on the southwest corner of Ann Arbor Road and Ann Arbor Trail in Section 31 , the City Planning Commission does hereby determine to table Petition 84-5-2-20 until the Study Meeting to be conducted on June 26, 1984. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Morrow, Scurto, Naidow, Sobolewski , Vyhnalek, Falk NAYS: Zimmer ABSENT: Andrew 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 IL #6-120-84 RESOLVED that, the minutes of the 475th Regular Meeting and Public Hearings held by the City Planning Commission on June 5, 1984 are approved. 9166 On a motion duly made by Mr. Morrow, seconded by Mr. Vyhnalek and unanimously adopted, it was I #6-121-84 RESOLVED that, the City Planning Commission does hereby determine to postpone the annual election of officers until the next Regular Meeting to be held on July 10, 1984. Mr. Zimmer, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Zimmer announced that the Sign Permit Application #932 by Cal Sign Company is removed from the agenda. On a motion duly made by Mrs. Scurto, seconded by Mrs. Naidow and unanimously adopted, it was #6-122-84 RESOLVED that, pursuant to Section 18.58 of Zoning Ordinance #543, the City Planning Commission does hereby deny Petition 84-5-8-24P by D.A.V. Contracting Company requesting approval of all plans required by Section 18.58 in connection with a proposal to construct a one-story masonry addition to an existing building located on the west side of Middlebelt Road between Schoolcraft and Five Mile Road in Section 23 for the following reasons: (1) The proposed addition is not justified considering the size and character of the principal use and would not be in harmony with the appropriate and orderly development of the surrounding neighborhood. (2) The proposed addition is not in accord with the spirit and purpose of the Zoning Ordinance and is inconsistent to the objectives sought to be accomplished by this Ordinance and principles of sound planning. (3) The petitioner has failed to demonstrate that this proposal is in conformance with all of the general standards set forth in Section 19.06 of Zoning Ordinance #543. 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 #6-123-84 RESOLVED that, pursuant to Section 25.04(c) of Zoning Ordinance #543, the City Planning Commission does hereby recommend to the City Council that Petition 84-5-8-20 by Daniel Vosotas requesting approval of all plans required by Section 25.04(c) in connection with a proposal to construct a Quality Inn Motel on the south side of Six Mile Road between 1-275 and South Laourel Park Drive in Section 18 be approved subject to the following conditions: (1) that the Site Plan dated 5/19/84, as revised, prepared by Kamp-DiComo Associates, Architects, which is hereby approved shall be adhered to; 9167 (2) that the Building Elevation Plans dated 6/12/84, prepared by Kamp-DiComo Associates, Architects, which are hereby approved shall be adhered to; (3) that the Landscape Plan dated 5/19/84, prepared by Kamp-DiComo Associates, Architects, which is hereby approved shall be adhered to; (4) that the landscape materials shown on the approved Landscape Plan shall be installed prior to the issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition; and (5) that the lighting standards proposed to be located on the south side of the proposed facility shall not exceed fourteen (14) feet. 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. Morrow and unanimously adopted, it was #6-124-84 RESOLVED that, pursuant to Ordinance #50 of the City of Livonia, the City Planning Commission does hereby establish and order that a Public Hearing be held to determine whether or not to vacate a 20' easement located north of Five Mile Road between Middlebelt Road and Cavour in the Southwest 1/4 of Section 13. FURTHER RESOLVED that, notice of the above hearing shall be given in accordance with the provisions of Ordinance #50 as amended. Mr. Zimmer, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 476th Regular Meeting and Public Hearings held by the City Planning Commission on June 19, 1984 was adjourned at 10:15 p.m. CITY PLANNING COMMISSION JLtary ATTEST:. J,,- Zimmer, Vicl'ai rman ac