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HomeMy WebLinkAboutPLANNING MINUTES 1995 02-14 13885 MINUTES OF THE 698th REGULAR MEET HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA '`. On Tuesday, February 14, 1995, the City Planning Commission of the City of Livonia held its 698th Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Jack Engebretson, Chairman, called the meeting to order at 7:30 p.m. Members present: Jack Engebretson James C. McCann R. Lee Morrow Robert Alanskas Patricia Blomberg William LaPine Daniel Piercecchi Members absent: None Mr. Engebretson 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 awn 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 Planning Commission holds the only public hearing on a preliminary plat and/or a vacating petition. Planning Commission resolutions become effective seven days after the resolutions are adopted. The Planning Commission has reviewed the petitions upon their filing and have been furnished by the staff with approving and denying resolutions. The Commission may use them or not use them depending upon the outcome of the hearing 'tawtonight. Mr. Morrow, Secretary, announced the first item on the agenda is Petition 94-12-2-36 by Archie's Restaurant requesting waiver use approval to expand and increase the seating capacity of an existing restaurant located on the south side of Plymouth Road between Milburn and Flamingo Avenues in the Northwest 1/4 of Section 35. Mr. Engebretson: From a procedural point of view we need to remove this from the table. On a motion duly made by Mr. Alanskas, seconded by Mr. Morrow and unanimously approved, it was #2-21-95 RESOLVED that, Petition 94-12-2-36 by Archie's Restaurant requesting waiver use approval to expand and increase the seating capacity of an existing restaurant located on the south side of Plymouth Road between Milburn and Flamingo Avenues in the Northwest 1/4 of Section 35, be taken from the table. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Ehgebretson: This item was tabled at our meeting two weeks ago to give the petitioner an opportunity to make some changes in the site plan 13886 that would deal with lessening the impact in the rear of that property as it pertained to the neighbors in the rear, and also to make some changes to the front parking lot. If the petitioner is Nuy here and ready, please come forward and tell us haw you resolved these matters. Mr. Palushaj: We requested the waiver use for the expansion of the restaurant, and we met last week as requested. We followed the recommendations made by the planner and the people in the back of us. Mr. Engebretson: Sir, we weren't all present last week. I wasn't here. Just for the record if you would go over what those changes are that have been made so everyone here and at home understand what it is you have done. Mr. Palushaj: What we did, in the back of the property we pushed the property line, the parking about 15 feet, and we said we are going to do a berm and staggered two rows of trees. That would isolate the parking lot from the housing in the back. That was one of them. The second one was we did away with the parking in front of the restaurant. I think those were the two things we talked about. Mr. Alanskas: What tree did we finally zero in on for the back? Mr. Palushaj: Something that closes in the area. I am open for suggestions. Mr. Alanskas: I thought you were going to get with the staff. �.. Mr. Shane: They have not yet provided a landscape plan. There will be a call back on the landscape plan. What we have suggested is either spruce or pine or a combination thereof. We will work out the details when he submits the landscape plan. Mr. Morrow: Just so I am sure, I know what we looked at last week, I recall one of the changes that you made, you were going to change the grade on the existing parking lot and lower that in order for it to be level with the rear parking lot, which will cause a lot of the lights that were going into your neighbors to the south now will be going into the berm and the wall. Is that correct? Mr. Palushaj: Correct. That is one thing I didn't mention. Mr. Morrow: I wanted to get that on the record that it is part of the plan. We are all set on that point, right H? Mr. Shane: Yes. Mrs. Blomberg: Just for the record also, I would like to verify that the drainage system has been worked out so there will not be drainage next to the fence. I understand that is going to be swaled into the drain in the parking lot. 13887 Mr. Palushaj: Right. We also covered that so it doesn't drain into the people's property at the back. `r Mr. Engebretson: Just so you understand, Mrs. Blomberg understood what you were doing but what we are doing is establishing a record here tonight. What was discussed here last week was only preparation for this meeting and so these comments being made tonight are being made part of the official record so there is no question as to who agreed to what. That is why we are asking some questions. Mr. Palushaj: Whatever we agreed on, I will live up to. Mr. Engebretson: We don't have any doubt that you will sir but just so you understand the process here that even though we may have covered these things, there is a reason for going over it a second time. It is for your benefit as well as ours. Mr. Palushaj: I see. Thank you. On a motion duly made by Mrs. Blomberg, seconded by Mr. McCann and unanimously approved, it was #2-22-95 RESOLVED that, pursuant to a Public Hearing having been held by the City Planning Commission on January 31, 1995, the City Planning Commission does hereby recommend to the City Council that Petition 94-12-2-36 by Archie's Restaurant requesting waiver use approval to expand and increase the seating capacity of an existing restaurant located on the south side of Plymouth Road between Milburn and Flamingo `�. Avenues in the Northwest 1/4 of Section 35, be approved subject to a variance being granted by the Zoning Board of Appeals for relief from the requirements of Section 18.21(a) (addition to a non-conforming building) and subject to the following conditions: 1) That the Site Plan sheet 2 dated 2-6-95, as revised, prepared by Van Brouck and Associates, Architects, which is hereby approved shall be adhered to. 2) That the Building Elevation Plan Sheets 4 and 5 dated 12-20-95, prepared by Van Brouck and Associates, Architects, which is hereby approved shall be adhered to. 3) That a fully developed landscape plan which shall include an underground irrigation system and a landscaped berm along the south property line shall be submitted to the Planning Commission within thirty (30) days of the date of this resolution. 4) That the maximum number of customer seats shall not exceed 214. 5) that the off-street parking spaces shall be double striped. 6) That this resolution does not include approval of any wall signs or ground signs as shown on the current plans and that a sign plan shall be submitted to the Planning Commission for its approval prior to a sign permit being issued. 13888 for the following reasons: 1) That the proposed use complies with all of the general waiver use `�.. standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543. 2) That the subject site has the capacity to accommodate the proposed use. 3) That 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. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Morrow, Secretary, announced the next item on the agenda is Petition 95-1-2-3 by Archie's Restaurant requesting waiver use approval for a Class C license for an existing restaurant located on the south side of Plymouth Road east of Milburn Avenue in the Northwest 1/4 of Section 35. Mr. Engebretson: This item was tabled as a companion item to the one we just heard. It was tabled at the same time, two weeks ago. We need a motion to remove it from the table. Now. On a motion duly made by Mr. Piercecchi, seconded by Mrs. Blomberg and unanimously approved, it was #2-23-95 RESOLVED that, Petition 95-1-2-3 by Archie's Restaurant requesting waiver use approval for a Class C license for an existing restaurant located on the south side of Plymouth Road east of Milburn Avenue in the Northwest 1/4 of Section 35, be taken from the table. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Engebretson: Now we will deal with the waiver use. Is there anything to add sir? Anything new relative to the waiver use for the Class C liquor license? If so, please come to the podium and make your comments. Mr. Palushaj: I don't have anything to add to the Class C waiver use. Mr. Engebretson: We understood that you were obtaining an existing Class C license. Mr. Piercecchi: I think Archie's has been really a very easy establishment to deal with. I want to again compliment Commissioner McCann for bringing up the parking at the back because I think that would have been a mistake if that was passed. 13889 On a motion duly made by Mr. Piercecchi and seconded by Mr. LaPine, it was #2-24-95 RESOLVED that, pursuant to a Public Hearing having been held on January 31, 1995 by the City Planning Commission on Petition 95-1-2-3 by Archie's Restaurant requesting waiver use approval for a Class C license for an existing restaurant located on the south side of Plymouth Road east of Milburn Avenue in the Northwest 1/4 of Section 35, the City Planning Commission does hereby recommend to the City Council that Petition 95-1-2-3 be approved subject to the waiving of the 1000 foot separation requirement as set forth in Section 11.03(h) of the Zoning Ordinance by the City Council for the following reasons: 1) That the subject use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543. 2) That the subject site has the capacity to accommodate the proposed use. 3) That the subject 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. A roll call vote on the foregoing resolution resulted in the following: `411. AYES: Blomberg, LaPine, McCann, Piercecchi, Morrow, Engebretson NAYS: Alanskas ABSENT: None Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Morrow, Secretary, announced the next item on the agenda is Final Plat approval for Camborne Pines Subdivision proposed to be located south of Six Mile Road between Harrison Avenue and Savoie in the Northwest 1/4 of Section 13. Mr. Engebretson: Mr. Shane, is everything in order here? Mr. Shane: Yes, we have received letters from both the Engineering Department indicating their approval and from the City Clerk indicating that the proprietor has fulfilled all his financial obligations. In addition to that, the final plat is in full compliance with the preliminary plat so all is in order. Mr. Engebretson: Mr. Roskelly, any comments you wish to make? William Roskelly, 33177 Schoolcraft: None other than I originally started eight years ago with seven lots. Since that time I picked up four more 13890 pieces of land and I think I put together what I call a super subdivision. They are all 100 foot lots, 1/2 acre, complying with the existing ordinance and I am very proud of it, and I hope you 'tom. would agree. Mr. Morrow: Are they currently for sale? Mr. Roskelly: The lots, no sir. Mr. Morrow: The houses are? Mr. Roskelly: Yes we have three firm deals and three others in the mill in the area of $225,000 to $250,000 homes. I suggest there will be none below $200,000 and perhaps some up to $275,000. Mr. Engebretson: What is the name of that street? Mr. Roskelly: Fulton Pines Court. On a motion duly made by Mr. Alanskas, seconded by Mr. LaPine and unanimously approved, it was #2-25-95 RESOLVED that, the City Planning Commission does hereby approve the Final Plat for Camborne Pines Subdivision proposed to be located south of Six Mile Road between Harrison Avenue and Savoie in the Northwest 1/4 of Section 13 for the following reasons: 1) That the Final Plat conforms in every detail to the Preliminary NowPlat. 2) That the City Engineer recommends approval of the Final Plat. 3) That the City Clerk has indicated that all of the financial obligations imposed upon the proprietor by the City have been taken care of. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Morrow, Secretary, announced the next item on the agenda is motion by the City Planning Commission to hold a public hearing on a proposed amendment to Sections 2.10 and 12.03 of the Zoning Ordinance regarding detention facilities for adults and children. Mr. Engebretson: Mr. Shane do you have any information on this item? Mr. Shane: Nothing other than to say that this is a proposed ordinance amendment to provide some controls for some uses which hadn't been provided for before in the Zoning Ordinance, and that would be detention facilities such as Boysville, the facility that was proposed to be located in the community in the past year. We are trying to provide in the ordinance some additional controls so if 13891 we do have another situation where someone wishes to locate that type of facility in the community, we can adequately provide for it. What you are doing here is just making a motion to hold a public hearing. Mr. Engebretson: If this public hearing were to be scheduled, and I am sure it will, do you know when it will be held? I have a belief that there may be some people at home watching tonight that have an interest in this. Mr. Shane: It should be the 28th of March. On a motion duly made by Mr. Alanskas, seconded by Mr. Morrow and unanimously approved, it was #2-26-95 RESOLVED that, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to amend Sections 2.10 and 12.03 of Zoning Ordinance #543 regarding detention facilities for adults and children; FURTHER RESOLVED that, notice of the above hearing shall be given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Morrow, Secretary, announced the next item on the agenda is approval of the minutes of the 697th Regular Meeting & Public Hearings held on January 31, 1995. On a motion duly made by Mr. Mccann, seconded by Mrs. Blomberg and unanimously approved, it was #2-27-95 RESOLVED that, the minutes of the 697th Regular Meeting & Public Hearings held on January 31, 1995 are hereby approved. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi: I would like to ask H here, in regard to a letter that I wrote regarding Section 18 of the Zoning Ordinance that we discussed when we went on an on-site tour a few weeks ago, the flagrant violations associated with Section 18.50D of the Zoning Ordinance on signs which requires that the total of all window signage, permanent and temporary, covers not more than twenty (20) percent of all the glass area of the portion of the building occupied by such business. H, have we gotten any response on that from the Inspection Department? Mr. Shane: We haven't received a written response but we did receive a verbal response that they will take care of it. 13892 Mr. Engebretson: Did that have to do with Merriman Drugs and LaRose Market and that area? Mr. Piercecchi: Right, particularly along Five Mile Road, Five Mile/Farmington, Five Mile/Newburgh, Five Mile/Mid11 ebelt. Some of the windows are completely covered and gave the town a honky-tonk look. Inasmuch as we have the best city in Western Wayne County, we want to keep it that way. Mr. Morrow: When we went to admire the upgrade of the center, we found a lot of signage kind of detracting from the center. Mr. Engebretson: Hopefully by next week Mr. Shane will have a report back from the Inspection Department. On a motion duly made, seconded and unanimously adopted, the 698th Regular Meeting held on February 14, 1995 was adjourned at 7:50 p.m. CITY PLANNING COMMISSION R. Lee Miorrow, Secretary ATTEST: C)cIL (, �1 Jack Engebret4n, Chairman jg i..