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HomeMy WebLinkAboutCOUNCIL MINUTES 2003-02-12 33926 MINUTES OF THE ONE THOUSAND FOUR HUNDRED EIGHTY-SECOND REGULAR MEETING OF FEBRUARY 12. 2003 On February 12, 2003, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Brosnan delivered the invocation Roll was called with the following result. Maureen Miller Brosnan, Donald Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor and Jack Engebretson Absent. Joe Laura - vacation Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Jim Inglis Executive Director of Housing, Kevin Roney, Public Utility Manager; Ian Wilshaw, Traffic Commission and Stan Dobis, Cable Commission On a motion by Taylor, seconded by Dolan, it was RESOLVED, that the minutes of the 1,481st Regular Meeting of the Council held January 29, 2003 are hereby approved as submitted Councilmember Brosnan asked that CR 36-03 and CR 37-03 on page 33922 of the minutes of the Regular Meeting of January 29, 2003 be amended to clarify what action the Council is to take On a motion by Brosnan, seconded by Taylor, it was CR 40-03 RESOLVED, that the minutes of the 1,481st Regular Meeting of the Council of the City of Livonia, held January 29, 2003, are hereby approved as noted with the corrections pertaining to CR 36-03 and CR 37- 03 Council Resolution 36-03 is corrected to read as follows. CR 36-03 RESOLVED, that relative to the subject matter of Petition 2002-02-06-01 to determine whether or not to amend Article IV, Section 4 04 and Article V, Section 5.04 of Zoning Ordinance No 543, as amended, in order to establish open space preservation zoning provisions Regular Meeting of February 12, 2003 33927 in the R-5 and RUF zoning districts as required by House Bill No 5029, the Council does hereby refer this matter to the Committee of the Whole for a report and recommendation - - - - •••• - - • - • - - - * *•• * Council Resolution 37-03 is corrected to read as follows CR 37-03 RESOLVED, that relative to the subject matter of Petition 2002-02-06-01 to determine whether or not to amend Article IV, Section 4 04 and Article V, Section 5.04 of Zoning Ordinance No 543, as amended, in order to establish open space preservation zoning provisions in the R-5 and RUF zoning districts as required by House Bill No 5029, the Council does hereby refer this matter to the Law Department for a report and recommendation to determine whether there is a higher authority to which these land use requirements can be appealed, and to determine what other cities are doing to conform to the new State law A roll call vote was taken on the corrected minutes resolution with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan and Taylor NAYS None PRESENT Engebretson During the audience communication portion of the agenda, Councilmember Brosnan mentioned that Councilmember Knapp celebrated his birthday on Tuesday, February 4 A communication from the Livonia Housing Commission, dated January 23, 2003, re award of Housing Resources Fund Grant from the Michigan State Housing Development Authority in the amount of$277,200 00, was received and placed on file for the information of the Council At the direction of the Chair, Consent Agenda Items 5 and 6 were moved to the Regular Agenda On a motion by Dolan, seconded by Taylor, it was CR 41-03 RESOLVED, that having considered a letter from Jennifer R. Boros, Chairperson, representing Sacred Heart Byzantine Catholic Church, dated January 19, 2003, which requests permission to display two Regular Meeting of February 12, 2003 33928 Ito banners which are to be 3' x 7' in size and located in front of the church, and 20" x 20" signs announcing the Sacred Heart Mom-to-Mom Sale to be conducted on Saturday, March 15, 2003, which signs shall be installed on Saturday, March 8, 2003, and removed no later than Sunday, March 16, 2003, at various intersections in the City, the Council does hereby grant and approve this request in the manner and form herein submitted CR 42-03 RESOLVED, that having considered a communication from the City Assessor, dated January 22, 2003, approved for submission by the Mayor, with regard to a request from Lawrence Pytleski, 9390 Cardwell, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed combination and division of Tax Item Nos 46-144-99-0119-000 and 46- 144-99-0120-000 into three parcels, the legal descriptions of which shall read as follows PARCEL A Part of the East 1/2 of the Southeast 1/4 of Section 36 described as beginning at a point distant South 89 degrees 52 minutes 00 seconds West 1055 51 ft. thence South 00 degrees 04 minutes 40 seconds West 380 00 feet to the point of beginning Proceeding thence North 89 degrees 52 minutes 00 seconds East 290 00 feet, thence South 00 degrees 04 minutes 40 seconds West 77 00 feet, thence South 89 degrees 52 minutes 00 seconds West 290 00 feet, thence North 00 degrees 04 minutes 40 seconds East 77 00 feet to the point of beginning Containing 0 51 acres Subject to easements of record PARCEL B Part of the East 1/2 of the Southeast 1/4 of Section 36 described as beginning at a point distant South 89 degrees 52 minutes 00 seconds West 1055 51 ft thence South 00 degrees 04 minutes 40 seconds West 457 00 feet to the point of beginning Proceeding thence North 89 degrees 52 minutes 00 seconds East 290 00 feet, thence South 00 degrees 04 minutes 40 seconds West 77 00 feet, thence South 89 degrees 52 minutes 00 seconds West 290 00 feet, thence North 00 degrees 04 minutes 40 seconds East 77 00 feet to the point of beginning Containing 0 51 acres Subject to easements of record PARCEL C Part of the East 1/2 of the Southeast 1/4 of Section 36 described as beginning at a point distant South 89 degrees 52 minutes 00 seconds West 1055 51 ft. thence South 00 degrees 04 minutes 40 seconds West 534 00 feet to the point of beginning Proceeding thence North 89 degrees 52 minutes 00 seconds East 290 00 feet, thence South 00 degrees 04 minutes 40 seconds West 78 00 feet, thence South 89 Regular Meeting of February 12, 2003 33929 degrees 52 minutes 00 seconds West 290 00 feet, thence North 00 degrees 04 minutes 40 seconds East 78 00 feet to the point of beginning Containing 0 52 acres. Subject to easements of record as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds CR 43-03 RESOLVED, that having considered a communication from the City Assessor, dated January 22, 2003, approved for submission by the Mayor, with regard to a request from Mark Perkoski of Fountain Park Building Co , LLC, 32000 Northwestern Hwy , #220, Farmington Hills, Michigan 48334, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46- 107-99-0015-000 into three parcels, the legal descriptions of which shall read as follows PARCEL 1 Part of the Southwest 1/4 of Section 27, T1S - R9E, City of Livonia, Wayne county, Michigan, described as beginning at a point on the east right-of- way line of Farmington Road (120' wide), N 00°01'12" E 351 07 feet and S 89°13'14" E , 60 01 feet from the Southwest corner of said Section 27, thence from said point of beginning N 00°01'12" E along said East right- of-way line of Farmington Road, 530 05 feet; thence S 89°13'14" E , 1135 96 feet; thence S 00°04'11" W , 563 08 feet; thence N 89°13'14" W 315 12 feet; thence N 00°46'46" E 11 00 feet; thence N 89°13'14" W 82 00 feet; thence S 00°46'46" W , 14 00 feet; thence N 89°13'14" W 114 95 feet; thence N 39°06'34" W , 46 97 feet; thence N 89°13'14" W 593 70 feet to the East right-of-way line of Farmington Road and the point of beginning, containing 14 206 gross and net acres (618,830 sq ft.) PARCEL 2 Part of the Southwest 1/4 of Section 27, T1S - R9E, City of Livonia, Wayne county, Michigan, described as beginning at a point on the east right-of- way line of Farmington Road (120' wide), N 00°01'12" E 60 01 feet and S 89°13'14" E , 60 01 feet from the Southwest corner of said Section 27, thence from said point of beginning N 00°01'12" E along said East right- of-way line of Farmington Road, 291 06 feet; thence S 89°13'14" E 305 75 feet; thence S 00°46'46" W , 291 04 feet to the North right-of-way line of Plymouth Road (120' wide), thence N 89°13'14" W along said North right-of-way line of Plymouth Road, 301 89 feet to the East right-of- way line of Farmington Road and the point of beginning, containing 2 030 gross and net acres (88,427 sq ft.) Regular Meeting of February 12, 2003 33930 PARCEL 3 Part of the Southwest 1/4 of Section 27, T1S - R9E, City of Livonia, Wayne county, Michigan, described as beginning at a point on the north right-of- way line of Plymouth Road (120' wide), S 89°13'14" E , 361 10 feet and N 00°46'46" E , 60 00 feet from the Southwest corner of said Section 27, thence from said point of beginning N 00°46'46" E, 291 04 feet; thence S 89°13'14" E , 287 95 feet; thence S 39°06'34" E , 46 97 feet; thence S 89'13'14" E , 114 95 feet; thence N 0046'46" E , 14 00 feet; thence S 89°13'14" E , 82 00 feet; thence S 00°46'46" W , 11 00 feet; thence S 89°13'14" E 315 12 feet; thence S 00°04'11" W 258 02 feet to the said North right-of-way line of Plymouth Road, thence N 89°13'14" W along said North right-of-way line of Plymouth Road, 833 35 feet to the point of beginning, containing 5 168 gross and net acres (225,114 sq ft.) as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds CR 44-03 RESOLVED, that having considered a letter from Chris Kokenos, 16796 Rougeway, Livonia, Michigan 48154, requesting an amendment to the Livonia Code of Ordinances to allow lots resulting from lot splits in the RUF zoning district to be less than one-half acre is size, the Council does hereby determine to take no further action with regard to this matter CR 45-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated January 21, 2003, approved for submission by the Mayor, regarding replacement and/or construction of new sidewalks in the City of Livonia pursuant to the 2002 Sidewalk Program at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution No 143-02 and in accordance with the provisions of Section 12 04 340 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of Wednesday, April 23, 2003 at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution Regular Meeting of February 12, 2003 33931 CR 46-03 RESOLVED, that having considered a communication from the City Planning Commission, dated January 16, 2003, which transmits its resolution 01-08-2003, adopted on January 14, 2003, with regard to Petition 2003-01-SN-01, submitted by Fountain Park Development, on behalf of Walgreens Pharmacy, requesting approval for signage for the commercial building to be located on the Northeast corner of Plymouth and Farmington Roads in the Southwest 1/4 of Section 27, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Petition 2003-01-SN-01, subject to the following conditions 1 That only the wall signage of the Sign Package submitted by Fountain Park Building Company, as received by the Planning Commission on December 9, 2002, is hereby approved and shall be adhered to, 2 That these wall signs shall not be illuminated beyond one (1) hour after this business closes, 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 4 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and 5 That the ground sign included in the Sign Package is not approved at this time That a Master Sign Plan establishing ground signage for the entire Fountain Park development shall be separately submitted for review and approval by the Planning Commission and City Council Included in this application shall be the location and graphics of each Business Center Sign, all Identification Signs and any directional signage A communication from the Department of Law, dated January 16, 2003, - Administrative Response - re amounts owed and paid to the City of Livonia by existing telecommunications providers, was received and placed on file for the information of the Council (CR 488-02) CR 47-03 WHEREAS, the City of Livonia has received a request from Christopher Marsh, President, 4M Industries, Inc , dated January 31, 2003, proposing the establishment of an industrial development district; and Regular Meeting of February 12, 2003 33932 WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 2 12 acres lying in the Northwest 1/4 of Section 28 as more particularly described in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 87 ", NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 87 2 This City Council sets Wednesday, March 19, 2003 at 7 00 p m as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above CR 48-03 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, March 24, 2003, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 2002-10-01-13, submitted by Schoolcraft Commons, LLC, for a change of zoning of property located on the east side of Haggerty Road between Six Mile and Seven Mile Roads in the Southwest 1/4 of Section 7, from PL and R-5C to C-2, OS, PO and PO-II, the City Planning Commission in its resolution 01-10-2003 having recommended to the City Council that Petition 2002-10-01- 13 be approved, and (2) Petition 2002-11-01-17, submitted by Brian Peters, for a change of zoning of property located on the west side of Newburgh Road Regular Meeting of February 12, 2003 33933 between Joy Road and Ann Arbor Trail in the Southeast 1/4 of Section 31, from RUF to R-1, the City Planning Commission in its resolution 01-01-2003 having recommended to the City Council that Petition 2002-11-01-17 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution CR 49-03 RESOLVED, that having considered a communication from Roger E DeHoek, Property Manager, Meijer, Inc , dated January 16, 2003, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on January 14, 2003 by the City Planning Commission in its resolution 01-07-2003 with regard to Petition 2002-12- 02-26, submitted by Roger E DeHoek, on behalf of Meijer, Inc., requesting waiver use approval to construct a gasoline station at 13000 Middlebelt Road, located on the east side of Middlebelt Road between Schoolcraft Road and the C & 0 Railroad in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby designate Monday, March 24, 2003, at 7 00 p m as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia A roll call vote was taken on the foregoing resolutions with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None On a motion by Dolan, seconded by Vandersloot, and unanimously Regular Meeting of February 12, 2003 33934 adopted, it was CR 50-03 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated January 20, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which indicates that the Housing Commission has recommended certain rental adjustments with respect to Newburgh Village, the Council does hereby refer this subject matter to the Committee of the Whole On a motion by Dolan, seconded by Vandersloot, and unanimously adopted, it was CR 51-03 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated January 20, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which indicates that the Housing Commission has recommended certain rental adjustments with respect to Silver Village, the Council does hereby refer this subject mailer to the Committee of the Whole A communication from Allan Nachman, Butzel Long, dated January 29, 2003, re final draft of Amended Consent Judgment for the Oakwood Healthcare System Property — Victor Parkway/Seven Mile Road, Livonia, Michigan, was received and placed on file for the information of the Council (Wayne County Circuit Court Case No 97-704696 NZ) (CR 548-02) On a motion by Knapp, seconded by Brosnan, and unanimously adopted, it was CR 52-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 27, 2003, submitted pursuant to Council Resolution 548-02, in connection with a letter from Allan Nachman, Butzel Long, on behalf of S & N Development Company, LLC, dated October 4, 2002, requesting to amend the Consent Judgment previously entered in connection with Oakwood Healthcare System, et al v City of Livonia, Wayne County Circuit Court Case No 97- 704696 NZ, the Council does hereby authorize the Department of Law to stipulate to the entry of the proposed Amended Consent Judgment in Wayne County Circuit Court Case No 97-704696NZ, as submitted by Regular Meeting of February 12, 2003 33935 Butzel Long, dated January 29, 2003 (as revised), with respect to certain property located on the north side of Seven Mile Road east of Victor Parkway in order for the petitioner to propose an office use of similar or lesser intensity than the original proposed medical office building, and the Department of Law is hereby authorized to do all things necessary or incidental to the full performance of this resolution On a motion by Knapp, seconded by Taylor, and unanimously adopted, it was CR 53-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 27, 2003, submitted pursuant to Council Resolution 323-01, in connection with Petition 2001-01-07-01, submitted by the City Planning Commission, so as to amend Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, to change the designation of land lying west of Farmington Road and north of Lyndon Avenue in the Northeast 1/4 of Section 21 from Office to Medium Density Residential, the Council does hereby approve the distribution of the Plan to all required entities pursuant to State law, and refer the proposed amendment to the Future Land Use Plan back to the Planning Commission with the provision that it include Office from the area currently zoned OS north to the area currently designated Community Service A communication from Masoud Shango, dated December 13, 2002, re his request to amend the rezoning of property located on the south side of Schoolcraft Road, east of Merriman, to change the zoning from M-1 to OS, was received and placed on file for the information of the Council (Petition 2000-12-01-22) On a motion by Knapp, seconded by Vandersloot, and unanimously adopted, it was CR 54-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 28, 2003, submitted pursuant to Council Resolution 404-01, in connection with Petition 2000-12-01-22, submitted by Masoud Shango, for a change of zoning of property located on the south side of Schoolcraft Road east of Merriman Road in the Northwest 1/4 of Section 26, from P and M-1 to C-3, and the Council having conducted a public hearing with regard to this matter on May 30, 2001, pursuant to Council Resolution 250-01, the Council does hereby reject the recommendation of the Planning Regular Meeting of February 12, 2003 33936 Commission and Petition 2000-12-01-22 is hereby approved, as amended so as to rezone the property to OS, for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution On a motion by Knapp, seconded by Brosnan, and unanimously adopted, it was CR 55-03 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 28, 2003, submitted pursuant to Council Resolution 359-01, in connection with Petition 2001-03-02-06, submitted by U-Haul Corporation requesting waiver use approval to rent trucks on property located on the south side of Plymouth Road between Stark and Farmington Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, the Council does hereby determine to take no further action with regard to this matter Proposals from Camp Dresser and McKee, Tetra Tech, Hubbell Roth and Clark, Feinbeiner, Pettis & Strout, Inc., and Orchard, Hiltz & McCliment, Inc , re selection of consultant for the Water System Vulnerability Assessment (Phase I) and Emergency Operating Plan (Phase II), were received and placed on file for the information of the Council (CR 16-03) On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 56-03 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated February 5, 2003, submitted pursuant to Council Resolution 16-03, in connection with the selection of a consultant for a Water System Vulnerability Assessment (Phase I) and Emergency Operating Plan (Phase II), the first phase of the project to be completed by March, 31, 2003, in order to receive Federal grant money, the Council does hereby accept the proposal submitted by Tetra Tech, MPS 123 Brighton Lake Road, Suite 203, Brighton, Michigan 48116, for performing consulting services for Phase I and Phase II of this project in an amount not to Regular Meeting of February 12, 2003 33937 exceed $38,500 00, the same to be appropriated and expended from Account No 592-559-818-929 (Water and Sewer Contractual Services) with the provision that this account be reimbursed at such time as funds are subsequently received from a Federal Government Grant for this purpose, FURTHER, the Council does hereby authorize this work without competitive bidding and such action is taken in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder, after approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2002-09-01-12) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein Councilmember Taylor invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance Regular Meeting of February 12, 2003 33938 AN ORDINANCE AMENDING SECTION 21 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2002-07-01-11) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Taylor, seconded by Dolan, and unanimously adopted, it was CR 57-03 RESOLVED, that having considered a communication from the City Assessor, dated January 22, 2003, approved for submission by the Mayor, with regard to a request from Peter and Julie Rotenheber, 20210 Antago, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-001-04-0128-001 into two parcels, the legal descriptions of which shall read as follows PARCEL 1 Lot 128 of "THE ARGONNE SUBDIVISION", City of Livonia, Wayne County, Michigan, as recorded in Liber 40, Page 55 of Plats, Wayne County Records PARCEL 2 Lot 129 of "THE ARGONNE SUBDIVISION", City of Livonia, Wayne County, Michigan, as recorded in Liber 40, page 55 of Plats, Wayne County Records as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, PROVIDED, HOWEVER, THAT UNTIL A VARIANCE IS GRANTED BY THE ZONING BOARD OF APPEALS AS Regular Meeting of February 12, 2003 33939 TO EVERY NONCONFORMING LOT RESULTING FROM SUCH SPLIT, NONE OF SAID LOTS MAY BE SOLD, LEASED OR TRANSFERRED A communication from Design Strategies, Ltd , 2311 W 22nd Street, Suite 208, Oak Brook IL 60523, dated February 5, 2003, re revised drawings of Site Plan DD4 1-08 and revised Landscape Plan LP-1, relative to constructing a fueling facility on a portion of the Costco Warehouse property located on the east side of Middlebelt Road between Schoolcraft and Industrial Roads, was received and placed on file for the information of the Council (Petition 2002-11-02-22) An e-mail communication from Edward Weglarz, 34665 Grove Drive, Livonia, 48154, re stating opposition to constructing a fueling facility on a portion of the Costco Warehouse property located on the east side of Middlebelt Road between Schoolcraft and Industrial Roads, was received and placed on file for the information of the Council (Petition 2002-11-02-22) On a motion by Taylor, seconded by Dolan, and unanimously adopted, it was CR 58-03 RESOLVED, that having considered a communication from the City Planning Commission, dated January 16, 2003, which transmits its resolution 01-04-2003, adopted on January 14, 2003, with regard to Petition 2002-11-02-22, submitted by Costco Wholesale Corporation requesting waiver use approval to construct a fueling facility on a portion of the Costco Warehouse property located on the east side of Middlebelt Road between Schoolcraft and Industrial Roads in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2002-11-02-22 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet DD4 1-08 prepared by Mulvanny Architecture G2, dated February 4, 2003, as revised, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet LP-01 prepared by Ben Kutscheid, ASLA, dated February 5, 2003, as revised, is hereby Regular Meeting of February 12, 2003 33940 approved and shall be adhered to, except that the ash trees shall be substituted with a different species of full size canopy tree and additional landscape treatment shall be provided in the northwest corner of the subject Costco property as recommended by the Planning Director; 3 That all plant materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That all landscaped areas shall be fully irrigated, 5 That the Elevations Plan marked Sheet DD4 4-07 prepared by Mulvanny Architecture G2, dated January 8, 2003, is hereby approved and shall be adhered to, 6 That the canopy columns and controller enclosure shall be constructed with masonry units and brick (which shall be full face 4- inch brick) as depicted on the above referenced Elevations Plan, 7 That the underside of the canopy structure shall be enclosed and the lights within the canopy deck shall be recessed, 8 That all pole mounted light fixtures shall be shielded and shall be compatible with the existing light fixtures, 9 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated December 6, 2002, • That the areas of deteriorated pavement on the overall site shall be repaired and resealed and all parking shall be double striped, • That the broken fire hydrant at the southeast corner of the building shall be repaired, • That the size and number of handicapped parking spaces provided shall comply with the Michigan Barrier Free requirements, • That the pavement shall be marked with a blue access aisle from the accessible spaces on the north of the building to the front entrance, Regular Meeting of February 12, 2003 33941 10 That this approval shall incorporate the following comments listed in the correspondence dated December 18, 2002 from the Fire and Rescue Division • Adequate hydrants shall be provided and located with a maximum spacing of 300 feet between hydrants Most remote hydrant shall flow 1,500 FPM with a residual pressure of 20 PSI • Access around structure shall be provided for emergency vehicles with turning radius up to forty-five feet wall to wall and a minimum vertical clearance of 13 1/2 feet. 11 That the four (4) "Costco Gasoline" wall signs attached to the canopy fascia as portrayed on the above referenced Gas Station Elevations Plan are approved with a total combined sign area not to exceed one-hundred (100) square feet; 12 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 13 That there will be no free-standing price signs There was no audience communication at the end of the meeting On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, this 1,482nd Regular Meeting of the Council of the City of Livonia was adjourned at 8 39 p m , February 12, 2003 J McCotter, City Clerk C