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HomeMy WebLinkAboutPLANNING MINUTES 1957-02-05 1580 27 MINUTES OF A PUBLIC HEARING OF THE CITY PLANNING COMMISSION On February 5, 1957 the above meeting was held by the City Planning Commission of the City of Livonia at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chairman William R. Robinson called the Public Hearing to order at approximately 8:07 p.m. Members present: **Karle Steinhoff Wilfred Okerstrom William R. Robinson ***Fred A. Lotz Leonard Kane Robert L. Miller Members absent: *Robert L. Greene Charles Walker H. Paul Harsha Lieutenant Bob Perry, Livonia Fire Department and Tharles J. Pinto, Asst. city Attorney were present together with approximately 50 interested residents attend- ing the Public Hearing. The Chariman read letter dated February 4, 1957 from John F. Uznis, President, Sharon Development Company requesting proposed Uznis Golfview Subdivision located in the Southwest 1/4 of Section 35 be tabled because property is in the process of condemnation for a high school site. The Secretary announced that the first item on the agenda was Petition M-40 by Chester Henning requesting permission to construct a gasoline service station on Parcel 33W2a1 at 34900 Ann Arbor Trail and situated on the Northeast corner of Ann Arbor Trail and Wayne goad in the Southwest 1/4 of Section 33. The secretary read letter dated January 31, 1957 from Calvin Roberts, ''hief Livonia Fire Department. Mr. and Mrs. Chester Henning were present. Mr. Henning submitted petition signed by approximately 54 residents having no objection to proposed station. The secretary read petition as sibmitted by Mr. Henning. Mr. Henning quoted figures regarding population of Livonia (1950-17,534; 1955-35,400 and 1960-55,000) . Felt that with the increase in population expected, there is room for proposed station. Stated according to Wayne County Road Commissioners there are 8,600 cars passing intersection every 24 hours on Wayne Road and 3,750 cars passing intersection every 24 hours on Ann Arbor Trail. Mr. Lotz asked which road proposed -tation will face. Mr. Benning stated there will be two drives off of ArmArbor Trail and two off of Wayne Road. The proposed station will face Wayne Road. Mr. Lotz a-,ked whether there is ample off-street parking for cars parked at station for several hours. Mr. Henning stated station incorporates 140'x140' plus 27' that is available until such tithe as Ann Arbor Trail is widen to its full width. Stated the building is 28' x 44' . Plot plan is the aame as sub- mitted with Petition M-39. A irt pirZ,� Mr. Gerald Hutton, 34649 Grandon stated there isn't any objection to petition if there will be written assurance that the petitioner will erect and maintain a fence around the property to effectively screen the station from the surrounding residents. Submitted petition signed by approximately 29 residents requesting this assurance. Mr. Robinson stated according to Zoning Ordinance, No. 60 an 8' greenbelt must be provided. Mr. Henning stated that there is a cyclone fence around property now. The secretary read petition as submitted by Mr. Hutton. Mr. Robinson asked whether petitioner has given residents this written assurance. Mr. Hutton stated petitioner has not. Mr. Ontario Verardi, 34675 Grandon stated petitioner has 50 names on his petition whereas they have only the immediate residents in adjoining sub- division. Mr. V. R. Horton, 34665 Grandon stated he signed Mr. Henning's petition with the understanding that the gas station was to take up the entire parcel. Has been informed since then that it is to include only a portion of the parcel. The adjoining residents should have some protection. Upon a motion d my made by Mr. Lotz and seconded by Mr. Okerstrom, it was #2-21-57 RESOLVED that, inasmuch as area indicates raise in population and need for another gasoline service station and pursuant to a Public Hearing having been held, the City Planning Commission does hereby grant Petition M-40 by L'hester Henning requesting permission to construct a gasoline service station on portion of Parcel 33W2a1 at 34900 Ann Arbor Trail and situated on the Northeast corner of Wayne Road and Ann Arbor Trail in the Southwest 1/4 of Section 33 subject to greenbelt as stipulated in Zoning Ordinance, No. 60 being established on the back portion of the parcel, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Robinson stated that according to the proposed gasoline service station ordinance which is not law as yet, proposed station will not conform with its minimum requirements and felt that another gas station is not warranted yet. A roll call vote on Resolution No. 2-21-57 resulted in the following: AYES: Steinhoff, Lotz, Okerstrom and Kane NAYS: Robinson and Miller The secretary announced that the next item on the agenda was Petition M-36 by Michael J. Caffery requestin, permission to erect a gasoline service station on Parcels 01FF1 and 01FF2GG located on the Northwest corner of Seven Mile and Angling Roads in the Southeast 1/4 of Section 1. Mr. Michael J. Caffery was present. 158229 Mr. Pinto stated in answer to Commission's question regarding whether or not Section 4.03, Subdivision Rules and Regulations applies to these particular parcels, he has looked into the matter and Subdivision Rules and Regulations are t o be used solely as guide post as to whether or not subdivision plats should be approved. Direct reference is made toapproval of plats. This parcel is acreage and is not associated with a subdivision plat therefore believed subdivision rules and Regulations do not apply. Mr. Richard Lefeibre, 19111 Angling Road stated if we are going to look into the future there isn't room for gasoline station. In the half mile area there are three existing stations. * Mr. Robert L. Greene arrived at approximately 8:27 p.m. Mr. Lefeibre stated there is an alley across the street which should be con- tinued through. Asked whether there is anything that states there must be an alley behind business property. Mr. Robinson stated there is no Ordinance in the City that requires business property to have an alley. Consideration should be given to this problem of the alley. Did not believe this is the manner under which Commission should consider proper plan indeveloping the area. Mr. Kane made the following motion: RESOLVED that, Petition M-36 by Michael J. Caffery requesting permission to erect a gasoline service station on Parcels O1FF1 and O1FF2GG located on the Northwest corner of Seven Mile and Angling Roads in the Southeast 1/4 of Section 1 be tabled until Commission can discuss this matter of the alley more thoroughly in relation to planning now that we have the Attorney's opinion as to Subdivision Regulations. Mr. Caffery stated petition was filed November 29, 1956. Stated there are two lots involved. After Seven Mile Road is widen toits full width the lot on Seven Mile Road will have only 65' . To get the full use of the property the two owners have to work together. Residents in the house which is facing Angling Road look directly into alley which is unkept and not like a green- belt. Ifalley is lined up on this property with existing alley, it will take 10' of property. Plans allow for 14' greenbelt. If Commission wishes to take 10' alley be glad to cooperate. Mr. Robinson asked required width of alley. Mr. Miller stated according to Subdivision Rules and Regulations analley is 20' . Mr. Caffery stated if alley is to be lined up with existing alley to the East, there will have to be 10' off of this parcel and 10' off of the adjoining parcel. Mr. Robinson stated he wouldn't go for that. The secretary read Subsection j, Section 11.02, Zoning Ordinance, No. 60. Mr. Caffery stated proposed station i s just a service station and not a garage. We, 112! Mr. Caffery stated Commission is asking for something unreasonable. Other stations in the City do not have alley. Upon a motion duly made by Mr. Kane, seconded by Mr. Lotz and unanimously carried, it was #2-22-57 RESOLVED that, Petition M-36 by Michael J. Caffery requesting permission to erect a gasoline service station on Parcels 01FF1 and 01FF2GG located on the Northwest corner of Seven Mile and Angling Roads in the Southeast 1/4 of Section 1 be tabled until March 5, 1957 in order to give Commission opportunity to discuss Matter of the alley more thoroughly in relation to planning now that Commission has the opinion from the Law Department as to Subdivision Regulations. The Chairman declared the foregoing resolution adopted and reread letter dated February 4, 1957 from J hn F. Uznis, President, Sharon Development Company requesting proposed Uznis Golfview Subdivision located in the Southwest 1/4 of Section 35 be tabled because property is in the process of condemnation for a high school site. The secretary announced that the next item on the agenda was the proposed Hearthstone Subdivision, No. 2 located North of Pembroke Avenue approximately 133 feet East of Brentwood Avenue in the Northeast 1/4 of Section 1. The secretary read letters dated January 10, 1957 from Samuel Hechtman, President, Cora Avenue Building Company; dated February 2, 1957 from Dallas F. Hay, Police Commissioner; dated January 25, 1957 addressed to Police Commissioner Hay from Patrolman George Gilbert, Traffic Bureau; dated January 24, 1957 from Donald Wilson, Chief Inspector; dated January 29, 1957 from L. E. Schmidt, Supt., Clarenceville Public Schools; dated January 31, 1957 from Calvin Roberts, Chief, Livonia Fire Department and dated January 26, 1957 addressed to Chief Calvin Roberts from Nathan I. Goldin, Secretary, Cora Avenue Building Company. Mr. E. L. Jones was present. Mr. Jones stated Pembroke Avenue is fully improved to the Westerly limits of the proposed subdivision. At the time the original plat was developed there was some question from the owners of the parcels facing Angling Road as to what use they could make of the back portion of their parcels regarding access. The existing homes for the most part are on Angling Road. Residents were assured at that time that this particular parcel before Commission now would be presented to Commission to give them an opportunity for any street access that they might need. Mr. Greene stated proposed street exceeds the maximum length as provided for in Subidivision Rules and Regulations. Mr. Jones stated he is aware of that and that it exceeds the maximum by 301 measured from the Pembroke right-of-way. Mr. Miller stated he could not go along with half street (Pembroke Avenue) and length of proposed street within the subdivision because of fire trucks. Mr. Jones stated he noted there is an amendment to the Subdivision Rules and Regulations wherein half streets are permitted. If Commission feels they have fulfilled all other requirements, they will negotiate for obtaining South half of Pembroke Avenue. Parcel is only 1001 deep and after dedication of half street only 571 is left which is of no value for building purposes. 15811 Mr. Robinson stated he would like to see entire street paved however did not feel Commission should hold up entire subdivision because of dead end street. Mr. Miller read recommendation dated January 25, 1957 from Albe Munson, Plan- ning Consultant regarding subdivision. Mr. Robinson asked how large a bridge would have to be considered and what would be involved. Mr. Jones stated from an engineering stand point he would have no idea. Mr. Robinson asked why Commission should require Pembroke to be widen if Pembroke will not be utilized. Mr. Jones asked whether there is necessity for access to the Botsford School. Mr. Robinson stated according to the Population and Neighborhood Study, there is a proposed school across the drain. Mr. Steinhoff asked depth of lots on East side of subdivision. Mr. Jones stated that they will make that a fixed line and the line will more or less be straight accordingly. Mr. Robinson stated he believed Commission should allow an exception in this instance inasmuch as it is impossible to have any other outlet. It was noted by the Commission that the proposed street within the subdivision had not been named. It was agreed that the street should be named Lathers. Mr. Miller read Subsection g, Article IV, Section 4.02, Subdivision Rules and Regulations. Mr. Albert Lach, 19905 Angling Road questioned type of homes to be constructed. It was ascertained that the homes would be similar to those constructed in Hearthstone Subdivision. Mr. Greene question Outlot A in that Mr. Munson recommends that it be a part of the City park system inasmuch as it is unbuildable land and adjoins the present park property. Mr. Robinson stated as he remembers it, petitioner did dedicate the other land to the City. Mr. Jones stated parcel totals approximately three acres of low land and agreed that the City owns South of Pembroke Avenue. Thought he would be in a position to negotiate with authorities with the possibility of dedicating the outlot to the City. Mr. Robinson stated he did not think Commission could require petitioner to do the negotiating at the Commission's wish. Upon a motion duly made by Mr. Kane and seconded by Mr. Lotz, it was #2-23-57 RESOLVED that, pursuant to a Public Hearing having been held, the City Planning Commission does hereby give tentative approval to preliminary plat of Hearthstone Subdivision, No. 2 located on the North side of Pembroke Avenue approximately 113 feet East of Brentwood Avenue in the Northeast 1/4 of Section 1 because C-) according to subsection g, Article IV, Section 4.02, Sub- division Rules and Regulations there can be an exception to the regulation that dead end streets cannot be approved if they exceed four hundred feet in length and also it is the best possible use of the land in the area because of the topographic conditions, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Depart- ment, Superintendent of Schools, School Board President, Fire Department, Parks and Recreation Department, Police Department and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Steinhoff, Lotz, Okerstrom, Kane and Robinson NAYS: Miller The secretary announced that the next item on the agenda was the proposed Uznis Golfview Subdivision located on the North side of Joy Road between H,l1crest and Perrin Drive in the Southwest 1/4 of Section 35. The secretary read letter dated February 4, 1957 from John F. Uznis, President, Sharon Development Company. The petitioner nor a representative was present. Dr. Eino Michelson, Asst. Supt., Livonia Public Schools agreed to have proposed plat tabled. Stated Board has passed some of the necessary resolutions asking for condemnation and have asked their attorney to proceed with the purchase of the site. Mr. William Sobkowiak, 8880 Hillcrest asked what portion of the 40.0 acres is the hit school to be constructed. Dr. Michelson stated the high school site will take all of the 40 acres. The Board has not hired an architect as yet and could not determine exact location of the building. Mr. Clifford Fellows, 1062 Hillcrest requested letter dated January 18, 1957 from Benton Yates, Supt. Livonia Public Schools regarding the future high school in Section 35 be read. The secretary read letter as requested. Upon a motion duly made by Mr. Greene, seconded by Mr. Kane and unanimously carried,it was #2-24-57 RESOLVED that, Proposed Uznis Golfview Subdivision located on the North side of Joy Road between Hillcrest Avenue and Perrin Drive in the Southwest 1/4 of Section 35 be tabled as requested by petitioner in letter dated February 4, 1957. The Chairman declared the foregoing resolution adopted. Mr. Steinhoff asked whether proposed plat would be tabled until Commission hears further from petitioner. Mr. Robinson stated it would. 1583 The Chairman called a recess at approximately 9:32 p.m. The Chairman called the meeting to order at approximately 9:50 p.m. with all present as named at the beginning and course of meeting. The Chairman informed Commission that unless Commission has in writing a waiver of the 90 day period in which proposed Uznis Golfview Subdivision has to be approved or denied the item will be placed on the February 19, 1957 agenda. The secretary announced that the next item on the agenda was the proposed Joy- Ann Subdivision located between Ann Arbor Trail and Joy Road approximately 1,550 feet West of Wayne Road in the Southeast 1/4 of Section 32. The secretary read letters dated January 10 and January 22, 1957 from Burton Warner, Warner & Warner; dated February 2, 1957 from Dallas F. Hay, Police Commissioner; dated January 25, 1957 from George Gilbert, Patrolman, Traffic Bureau addressed to Police Commissioner Hay; dated January 25, 1957 from Calvin Roberts, Chief Livonia Fire Department and dated January 24, 1957 from Donald Wilson, Chief Inspector. Messrs. Burton Warner, Warner & Warner and Sam Lederman, Mid West Builders, 15769 Wyoming Avenue, Detroit were present. Mr. Robinson suggested Lots 45 and 46 be curved rather than as shown on proposed plat. Mr. Warner stated the streets should be intersected at right angles as near as possible and that that is the reason Lots 45 and 46 are as shown. Mr. Lotz reminded Commission of a similar instance in the Spring Valley Sub- division. It was decided that the street Cathedral Avenue should be named Northfield Avenue and that Northfield Avenue should be named Hees Avenue. Mr. Robinson asked length of Hees Avenue. Mr. Miller stated street is longer than the maximum as provided for in the Subdivision Rules and egulations. Mr. Warner explained that this was done so that the owner of the long parcel between Schulgren Subdivision and the proposed subdivision would have an opportunity to use their property. Mr. Miller suggested City enter into an agreement with petitioner whereby petitioner would not build on Lots 66 and 67 until such time as area to the West is platted thereby leaving access to Joy Road Mr. Robinson informed Commission that the Commission made the same suggestion to Mr. Harry Slatkin in the proposed Country Homes Subdivision, No. 4. When he appeared before the City Council they required him to pave lots. Mr. Greene stated if the City Council is going to require paving the petitioner might just as well pave Lots 61 and 72. instead. Mr. Robinson stated it is not good planning to have short streets. Mr. Greene referred to recommendation from Albe Munson in which he recommends provision on either Northfield or Hees going East so that children walking to school will not have to go to Ann Arbor Trail or Joy Road to get to their school. Mr. Robinson suggested 10' easement with 5t walk way. Mr. Lederman stated he would be glad to withhold two lots for a tentative arrangement until parcel to the West is developed but if the City Council is going to insist that they be paved he would not go along with that. Mr. Robinson suggested that proposed plat be tabled so that Commission could meet with the City Council and discuss these situations. Mr. Greene suggested that the Commission grant tentative approval and then let the City Council worry about it. Mr. Miller asked petitioner if he would be willing to put 10' easement with a 51 paved walkway between Lots 26 and 27 for the purpose of the school children. Mr. Lederman stated he would be willing. Upon a motion duly made by Mr. Greene, seconded by Mr. Miller and unanimously carried, it was #2-25-57 RESOLVED that, pursuant to a Public Hearing having been held, the City Planning Commission does hereby give tentative approval to preliminary plat of Joy-Ann Subdivision located between Ann Arbor Trail and Joy Road approximately 1,550 feet West of Wayne Road in the Southeast 1/4 of Section 32 with the following provisions: (1) That lots 66 and 67 serve as a tentative ingress and egress to avoid dead ending Hees Avenue; that same be improved to afford ingress and egress and that when the land to the West is developed and Hees Avenue connects to the West that these two lots revert to the developer for home sites; (2) That the projection point on the South side of Northfield Avenue at Parent Avenue be eliminated at Lot 45 for the purpose of traffic safety factor; (3) That a 10' easement with 51 paved walkway be provided between Lots 24 and 25 to provide access for school children travelling East and West so that they do not have to walk on heavily travelled streets such as Ann Arbor Trail and Joy Road and (4) That the street name as shown on proposed plat Cathedral Avenue be changed to Northfield Avenue and Northfield Avenue to Hees Avenue for the purpose of more accurate alignment to existing streets, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, School Board President, Fire Department, Parks and Recreation Department, Police Department and Members of the Plat Committee. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the proposed Rosedale Gardens Subdivision, No. 17 located on the North side of Joy Road between Farmington Road and Hubbard Road in the Southwest 1/4 of Section 34. The secretary read letters dated January 7, 1957 from W. W. Bleakiey, Vice President, Shelden Land Company; dated February 2, 1957 from Dallas F. Hay, 1 0 Police Commissioner; dated February 5, 1957 addressed to Police Commissioner Hay from Robert A. Van Dyke, Patrolman, Traffic Bureau; dated January 25, 1957 from Calvin Roberts, Chief Livonia Fire Department; dated March 1, 1956 from Calvin Roberts, Chief Livonia Fire Department and dated January 28, 1957 from Donald Wilson, Chief Inspector. Mr. Cas Hoffman was present and submitted a revised plat correcting the size of Lot 2298 as mentioned by Albe E. Munson in his recommendation dated January 25, 1957. Mr. Steinhoff stated that there are no dimensions on the rear of Lots 2311 through 2316. Did not question the lots for area just lack of dimensions. Mr. Hoffman stated they will cooperate with the Fire Department regarding the fire hydrants and that at the time the subdivision is platted they will have to put in the 12" water main. Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Lotz and unanimously carried, it was #2-26-57 RESOLVED that, pursuant to a Public Hearing having been held, the City Planning Commission does hereby give approval to preliminary plat of Rosedale Gardens Subdivision, No. 17 located on the North side of Joy Road between Farmington and Hubbard Roads in the Southwest 1/4 of Section 34 because Commission believes proposed plat conforms to Subdivision Rules and REgulations, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, School Board President, Fire Department, Parks and Recreation Department, Police Department and Members of the Plat Committee. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the proposed Sunny Acres Subdivision located on the North side of Ann Arbor Trail approxi- mately 1,575 feet East of Newburg Road in the Northwest 1/4 of Section 32. The secretary read letters dated January 5, 1957 from Burton Warner, Warner & Warner; dated February 2, 1957 from Dallas F. Hay, Police Commissioner; dated January 25, 1957 from George Gilbert, Patrolman, Traffic Bureau addressed to Police Commissioner Hay; dated January 24, 1957 from Donald Wilson, Chief Inspector and dated January 25, 1957 from Calvin Roberts, Chief Livonia Fire Department. Messrs. Burton Warner, Warner & Warner and Hiem Jacob were present. Mr. Lotz pointed out to Commission that in Mr. Munson's recommendation he suggests that Narise Lane be moved West about 20 feet where it comes into Ann Arbor Trail to equalize the depth of Lots 14 and 15. Mr. Greene stated that due to the high tensnn line behind Lot 14 it is his opinion that 101 is better than 201 as recommended by Mr. Munson. Lot 14 would then be 921 and Lot 15 would be 941. 1 - Mr. Warner agreed that Mr. Munson's suggestion was good and that he would correct plat as recommended by Mr. Greene. No one was present objecting to plat as presented. Mr. Robinson asked Lieutenant Perry's opinion in changing the name of Narise Lane to Narise Court near Lots 20 through 24. Lieutenant Perry stated if changing the cul-de-sac to Narise Court would change the numbering system, the Fire Department is opposed to the change as they are setting up a number- ing system and the cul-de-sac could be located faster if it is the same name and the numbering is continued. Mr. Kane stated he doubted changing the name to Narise Court would change the numbering. Mr. Warner stated that inasmuch as there are two cul-de-sacs think that the Fire Department is right. Mr. Miller suggested letter be forwarded to The Detroit Edison Company request- ing them to continue the numbering around Lots 20 through 24. Upon a motion duly made by Mr. Lotz, seconded by Mr. Greene and unanimously carried, it was #2-27-57 RESOLVED that, pursuant to a Public Hearing having been held, the City Planning Commission does hereby give approval to preliminary plat of Sunny Acres Subdivision located on the North side of Ann Arbor Trail approximately 1,575 feet east of Newburg Road in the Northwest 1/4 of Section 32 with the follow- ing provisions: (1) That Narise Lane (cul-de-sac bounded by Lots 20 through 24) be left as shown on proposed plat; (2) That all other requirements and recommendations be met by the developer; (3) That Narise Lane be moved West 10 feet where it comes into Ann Arbor Trail to equalize the depth of Lots 14 and 15 (Lot 14-92' and Lot 15-94') and (4) That memo be for- warded to the Police Department that there has been a difference of opinion between the Police Department and the Fire Department regarding the name of Narise Lane bounded by Lots 20 through 24 and that it is the decision of the Commission that there is no need to differentiate the streets because the numbers will be consecutive, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, School Board President, Fire Department, Police Depart- ment, Parks and Recreation Department and Members of the Plat Committee. The Chairman declared the foregoing resolution adopted. 1547 Upon a motion duly made by Mr. Miller, seconded by Mr. Lotz and unanimously carried, it was #2-28-57 RESOLVED that, Commission depart from regular order of business in order to hear items wherein interested people are present. The Chairman declared the foregoing resolution adopted. The secretary read letter dated February 5, 1957 from William N. Ponder, City Attorney regarding the proposed revised Sunset Hills Subdivision located between Melvin Avenue and Middlebelt Road approximately 300 feet South of Clarita Avenue in the East 1/2 of Section 11. Messrs. Bernie Hartman, 13430 Fenkel, Det.; V. B. Spalding, Spalding, Dedecker & Assoc.; Ernest Citron, Attorney, 16851 James Couzens Highway, Det. and David Meinzinger, Director of Public Works were present. Mr. Robinson stated there is a question in his mind as to whether or not Commission should hear this this evening inasmuch as it is not in accord with the exact letter of the law. Requested a resolution be adopted as to whether or not this should be heard tonight. The secretary read letters dated February 1, 1957 from V. B. Spalding, Spald- ing Dedecker & Assoc. and dated February 5, 1957 from Dave Meinzinger, Director of Public Works. Mr. Citron informed Commission that the bond has been set by Edwin Orr, Con- sultant Engineer. The Commission asked Lieutenant Perry his opinion regarding the elimination of one street outlet onto Middlebelt Road. Lieutenant Perry stated at the present in his opinion the two streets are always better than one. Fred A. Lotz was excused from the meeting at approximately 11:07 p.m. Mr. Robinson asked Mr. Meinzinger whether there isntt any possible alternate to this sewer whereby it would not have to go through this property and eliminate a street. Asked petitioners whether they would be willing to cut through another street into Middlebelt Road as was done on the original plat as approved by the Commission. Mr. Citron stated it has cost his clients approximately eight lots by turning the lots on Melvin Avenue to face Melvin Avenue and that seven more lots have been lost since the approval of the City Planning Commission - total of 15 lots. Clients have reached the breaking point. Mr. Spalding pointed out to Commission that Curtis Road is not the only access to the subdivision. Melvin Avenue is directly off of Seven Mile Road and as such gives direct access to the subdivision. 11 Mr. Robinson stated he would not approve subdivision without another access onto Middlebelt Road. 188 Cz C-, Mr. Greene asked Mr. Meinzinger whether the 801 easement shown on proposed plat is part of the sewer program by Hubbell, Roth & Clark, Inc. that was presented to the City Council February 4, 1957. Mr. Meinzinger stated it is. Mr. Greene asked whether this subdivision could be constructed without program. Mr. Meinzinger stated it could be constructed tomorrow and that it is provided for. Mr. Meinzinger stated he lives on Middlebelt Road. Some day Middlebelt Road will be a four lane highway and that now it is dangerous coming out onto Middlebelt Road. In the proposed Algonquin Park Subdivision South of Five Mile Road there are several streets coming out onto Middlebelt Road. Suggested Commission limit access to the mile roads and that in his opinion it would be good planning. Thought there would be some advantage to just one street especially when that access is 861 wide. Mr. Robinson agreed that there are no doubt too many streets coming out of the proposed Algonquin Park Subdivision. However, there will be over 200 home owners coming out of the one street - Curtis Road. Did not consider this good planning. Mr. Citron stated there is still access on Melvin Road to Seven Mile Road. Mr. Robinson stated residents will be apt to use the paved road rather than the unpaved Melvin North of subdivision. Upon a motion duly made by Mr. Miller and seconded by Mr. Kane, it was #2-29-57 RESOLVED That, City Planning Commission consider acceptance of the amended Sunset Hills Subdivision located in the East 1/2 of Section 11 without holding another public hearing. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Steinhoff, Okerstrom, Kane and Miller NAYS: Robinson Mr. Greene asked what will happen if Commission does not approve plat. Mr. Robinson stated that there will be a Public Hearing February 19, 1957 and that the item has already been set for that hearing. Upon a motion duly made by Mr. Greene and seconded by Mr. Steinhoff, it was RESOLVED that, City Planning Commission does hereby approve amended Sunset Hills Subdivision located in the East 1/2 of Section 11 with the very clear understanding that Commission is doing this because it is an emergency situation and that it shall not be taken as a precident for future plats. Mr. Meinzinger stated that the Master over-all sewer plan will be submitted to the Commission and that future developers will also have copy of the plan. Mr. Robinson stated emergency situation or not he believed the Commission owed it to the residents in the area. There should be two accesses to Middlebelt Road and that it is a poor plan with the elimination of the one street. A roll call vote on the foregoing resolution made by Messrs. Greene and Steinhoff resulted in the following: AYES: Greene, Steinhoff and Okerstrom NAYS: Kane, Robinson and Miller Mr. Kane stated Middlebelt Road is a main thoroughfare and there should be more than one opening. Mr. Miller suggested that when the easement is no longer needed that provision be made now so that an access will be created for further access to Middlebelt Road. Mr. Meinzinger informed Commission that when the main trunk is put down Middle- belt Road, Lots 211, 212 and 213 will revert back to the developer. At that time it could be worked out that there be further access to Middlebelt Road. Mr. Miller stated he would agree to that. Mr. Spalding stated the road will be dedicated now but will not be developed for 10-, 20- or maybe 30 years. Mr. Mi]]er stated at that time it will be the cities responsibility to put road through. Mr. Robinson did not agree with Mr. Miller's suggestion. The Chair called a recess at approximately 11:45 p.m. The Chair called the meeting to order at approximately 11:55 p.m. with all present as named at the beginning and course of meeting. Upon a motion duly made by 11r. Greene and seconded by Mr. Steinhoff, it was #2-30-57 RESOLVED that, City Planning Commission does hereby approve amended Sunset Hills Subdivision located in the East 1/2 of Section 11 with the very clear understanding that Commission is doing so because it is an emergency situation and that it shall not be taken as a precident for future plats. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Steinhoff, Okerstrom and Kane NAYS: Robinson and Miller **Mr. Karle Steinhoff was excused from meeting at approximately 12:02 a.m. The secretary read letter dated February 4, 1957 from William W. Brashear, Mayor regarding the proposed Farmington Township Sanitary Treatment Plant. The secretary also read letters dated January 23, 1957 addressed to the Michigan Department of Health from William W. Brashear, Mayor; dated January 8, 1957 addressed to William W. Brashear, Mayor from Michigan Department of Health; dated January 23, 1957 addressed to Mr. David Meinzinger, Director of Public Works from William W. Brashear, Mayor; dated January 30, 1957 from William W. Brashear; dated January 28, 1957 from David Meinzinger, Director of Public Works addressed to William W. Brashear, Mayor and dated January 18, 1957 1540 addressed to Mr. David Meinzinger, Director of Public Works from Hubbell, Roth and Clark, Inc. Mr. David Sparrow, 17610 West Six Mile Road, Detroit was present. Lieutenant Bob Perry was excused from meeting at approximately 12:15 a.m. Mr. Sparrow stated there will be 100% treatment as recommended by both the Health Department and Hubbell, Roth & Clark, Inc. Any system of this type that is designed has to be constructed under the specifications of the State Health Department and that it is agreed that the municipality will take over complete control of it. Farmington Township has accepted and signed contract on the treatment plant at Twelve Mile and Farmington Roads but have not taken it over as yet. To this type of plant there is not attached the usual harm and odor. Glen Eden Cemetery has no objection to the discharging directly into pond in the cemetery. The only thing is the algae growth and weed growth on stream beds. Plans to construct 247 homes on the North side of Farmington Road near Drake Road in Farmington Township. Mr. Kane informed Commission that recently he read in the Engineers News where they strongly recommend that the builders put this type treatment plants into communities such as these. Mr. Sparrow stated that the only proposed sewer for this area is the Middlebelt interceptor. There will be sufficient flow of water. Mr. Greene asked how Mr. Sparrow recohciles his statement that treatment plant will nd; have an odor when it is the opinion of Commission's consultant that there will be offensive odors. Mr. Sparrow stated that that is the opinion of engineers that they have talked to. Mr. Greene stated he would like more than one man's opinion. Mr. Sparrow stated that this is something new. Mr. Robinson stated he spoke to Mr. Munson about this on the telephone and that le has based his assumption on the fact that the stream does not flow all year round. Mr. Sparrow stated disregarding flow from the system itself, there will be water from the proposed homes. Mr. Kane informed Commission that the article that he read in the Engineers News did not mention anything about running into an open drain. Mr. Greene stated if Commission approved this and there is an odor, it will Not hear the last of it. Mr. Sparrow suggested Commission pass resolution to the effect that it would go along with the letter dated January 18, 1957 from Hubbell, Roth & Clark, Inc. and that that be its answer to the State Department of Health now. Mr. Greene stated forgetting the health angle entirely, this stream is a water way and if this is going to choke it up who is going to clean it out. Livonia will have to and it will be expensive. 141 Mr. Sparrow asked whether it would be possible to send copy of letter from Hubbell, Roth & Clark, Inc. to State Health Department plus request for additional information and tell them in letter that the Commission has several questions in mind and that this is something new. Mr. Kane suggested that the builder of one of these treatment plants be invited to attend the next Study Meeting. Upon a motion duly made by Mr. Greene, seconded by Mr. Kane and unanimously carried, it was #2-31-57 RESOLVED that, City Planning Commission forward to the Michigan Department of Health letter dated January 18, 1957 addressed to Mr. David Meinzinger, Director of Public Works from Mr. Albert Roth, Hubbell, Roth & Clark, Inc. and appendix to their letter in that Commission has certain question not answered in Hubbell, Roth & Clarks letter namely as follows: (1) Will the nitrogen content of the effluent cause such rapid weed growth that it will tend to choke up the stream bottom to such an extent that it will cause an expense to the City of Livonia to keep it clean; (2) Commission would like complete assurance that there will not be an offensive odor to this effluent and (3) Will there be sufficient discharge to assure constant stream flow to carry away the effluent. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by 'hr. Kane and seconded by Mr. Miller, it was #2-32-57 RESOLVED that, Inter-Departmental Transfer No. 1173 for $111 .87 be approved and forwarded to the proper department for payment. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Okerstrom, Kane, Robinson and Miller NAYS: None The secretary read letter dated February 4, 1957 signed by 15 residents object- ing to the change of street name of Cathedral Drive to Olson Avenue. Mr. Miller stated that these residents were notified by himself of the action and motion by Commission to change this street name. Mr. Fred Hollinshead, 31213 Cathedral Avenue is block director of the Civic Association and that notification was given in time that any of the residents could have been present at the Commission's meeting and the Council hearing. It was decided that a letter would be written to Mr. and Mrs. Anthony Dubovik, 31160 Cathedral and Mr. and Mrs. Fred Hollinshead, 31212 Cathedral explaining reasons for changing street name. Upon a motion duly made by Mr. Kane, seconded by Mr. Miller and unanimously carried, it was 1542 #2-33-57 RESOLVED that, City Planning Commission does hereby recind Resolution No. 1-18-57 adopted January 15, 1957 granting Petition No. Z-206 as initiated by the City Council on its own motion. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Kang, seconded by Mr. Miller and unanimously carried, it was #2-34-57 RESOLVED that, pursuant to a Public Hearing having been held on January 15, 1957 on Petition No. Z-206 as initiated by the City Council on its own motion on the question whether or not Article 11.00, Zoning Ordinance, No. 60 should be amended by adding there to Section 11.18, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-206 be denied without prejudice, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of December 28 1956 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele- phone Company and City Departments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Miller, seconded by Mr. Kane and unanimously carried, it was #2-35-57 RESOLVED that, pursuant to Subsection b, Section 20.01, Zoning Ordinance, No. 60, the City Planning Commission on its own motion does hereby determine that there shall be a Public Hearing March 5, 1957 on the question whether or not the following amendment: AN ORDINANCE AMENDING ARTICLE 11.00 OF ORDINANCE NO. 60, AS AMENDED, OF THE CITY OF LIVONIA ENTITLED, "ZONING ORDINANCE", BY ADDING THERETO SECTION 11.18. THE CITY OF LIVONIA ORDAINS: Section 1. Article 11.00 of the Zoning Ordinance, Ordinance No. 60, as amended, of the City of Livonia is hereby amended by adding thereto section 11.18 as follows: Section 11.18 Used Car Lots. Used car lots shall be permitted to be erected, established or operated in C-2 Districts upon the approval of the Planning Commission after due notice and hearing in the manner provided in Subsection (a) of Section 17.03 of this ordinance; provided, however, that 3 in no event shall any used car lot be erected, established or operated within one hundred (100) feet of any residential district. For the purpose 1411 e ..y of this ordinance, the term "used car lot" shall include and refer to any part or parcel of land used for the identification, exchange or sale of used motor vehicles of any description whatsoever. Section 2. All ordinance, resolutions or orders or parts thereof, in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. Section 3. If any part or parts of this ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance is hereby declared to be an emergency ordinance necessary for the protection of the public health, safety and welfare and shall become effective immediately on publication. shall be made, that a hearing be called and notice given as provided in Section 17.03 of such ordinance, and that a report and recommendation thereon be made to the City Council. The Chairman declared the foregoing resolution adopted. I[: The Chairman reminded Commissioners that the 7th Annual Planning and Zoning Conference is to be held February 28, and March 1, 1957 at the Fort Shelby Hotel. Several members indicated that they might attend. Upon a motion duly made by Mr. Miller, seconded by Mr. Kane and unanimously carried, it was #2-36-57 RESOLVED that, minutes of meeting December 18, 1956 be approved as received. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Greene, seconded by Mr. Miller and unanimously carried, it was #2-37-57 RESOLVED that, pursuant to Subsection b, Section 20.01, Zoning Ordinance, No. 60, the City Planning Commission on its own motion does hereby determine that there shall be a Public Hearing March 5, 1957 on the question whether or not the following amendment: AN ORDINANCE AMENDING SECTION 12.02 OF THE ZONING ORDINANCE ORDINANCE NO. 60 OF THE CITY OF LIVONIA ENTITLED "AN ORDINANCE TO ESTABLISH DISTRICTS IN THE CITY OF LIVONIA, TO REGULATE THE USE OF LAND AND STRUCTURES THEREIN; TO REGULATE AND LIMIT THE HEIGHT, THE AREA, THE BUL14 AND LOCATION OF BUILDINGS; TO REGULATE AND RESTRICT THE LOCATION OF TRADES 154, �..a C) AND INDUSTRIES AND TIE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIED USES; TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES; TO REGULATE THE DENSITY OF POPULATION; TO PROVIDE FOR THE ADMINIS- TRATION A'dD ENFORCEMENT OF THIS ORDINANCE; TO PROVIDE FOR A BOARD OF APPEALS, AND ITS POWERS AND DUTIES; AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE 'PERMS THEREOF" AND AMENDING ARTICLE 12.000F SAID ORDINANCE BY ADDING SECTIONS 12.03, 12.04, 12.05 AND 12.06 THERETO THE CITY OF LIVONIA ORDAINS: Section 1. Section 12.02 of the Zoning Ordinance, Ordinance No. 60 of the City of Livonia, is hereby amended and Article 12.00 of said ordinance is amended by adding Sections 12.03, 12.04, 12.05 and 12.06 thereto, as follows: Section 12.02. Uses Permitted. In the CC Districts no building shall be erected or used or land used, in whole or in part, except for one or more of the following uses: (a) Government Buildings and Grounds. (b) Non-profit organization institutions. (c) Public and private schools for any age group. (d) nadio and television studios. (e) Offices and studios of professional and Service occupations and agencies. (f) Necessary parking to service the structures. (g) Accessory uses, parks, public grounds, thoroughfares and other similar or incidental uses. Section 12.03. Uses permitted Subject to Approval. In the CC Districts the following uses are permitted subject to approval of the City Planning Commission and to conditions placed on such uses describing the limits of such uses: (a) Advertising signs, provided they are no larger than six (6) square feet in area and that no illuminated sign shall flicker, or be so erected as to shine into the window of a residence. (b) Clubs, fraternities, sororities, and labor organizations; provided that no such build- ings are erected nearer than one hundred (100) feet from any residential zone. Residential zones for the purpose of this Section shall be R-1, R-2 and R-3 Districts. (c) Employee service facilities related to uses permitted in theabove sections, including 146 cafeterias, provided such facilities do not occupy more than ten (10) per cent of the building floor area and shall not be directly open to or visible from any street. (d) Professional and service studios, offices, or agencies, provided there are no sales floor spaces, show rooms or display windows open to or visible from any street; and provided further, that no such offices, studios or agencies shall be permitted if prohibited in Section 12.04 of this ordinance. Section 12.04. Uses Permitted. Inall CC Districts no building shall beErected or used or any land used, in whole or in part, for any one or more of the following uses: (a) All uses prohibited in a C-1 Zone. (b) Show rooms or display windows open to or visible from any street. (c) All retail stores or shops. (d) Gasoline and Oil Service Stations. (e) Commercial parking lots. (f) Funeral homes. Section 12.05. Building Heights. Buildings and structures shall conform to requirements set forth in Sections 4.41 and 4.44 of this ordinance. Section 12.06. Yard Requirements. Buildings and structures shall conform to those setback and side yard requirements set forth in Article 7.50 of this ordinance. Section 2. All ordinances or part of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any portion of this ordinance be held in— valid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. shall be made; that a hearing be called and notice given as provided in Section 17.03 of such ordinance; and that a report and recommendation thereon be made to the City Council. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Kane, seconded by Mr. Miller and unanimously carried, it was 11L #2-38-57 RESOLVED that, pursuant to Subsection b, Section 20.01, Zoning Ordinance, No. 60, the City Planning Commission on its own motion does hereby determine that there shall be a Public Hearing March 5, 1957 on the question whether or not the following amendment: AN ORDINANCE AMENDING ARTICLE 4.00 OF THE ZONING ORDINANCE, ORDNANCE, NO. 60, OF THE CITY OF LIVONIA, AS AMENDED, ENTITLED, "ZONING ORDINANCE OF THE CITY OF LIVONIA", BY ADDING THERETO SECTION 4.46. THE CITY OF LIVONIA ORDAINS: Section 1. Article 4.00 of the Zoning Ordinance of the City of Livonia, Ordinance, No. 60, as amended, is hereby amended by adding thereto Section 4.46. Section 4.46. Gasoline and Oil Service Stations. Notwithstanding any of the provisions of this ordinance, gasoline and oil service stations shall be allowed in such districts as this ordinance permits, existing stations excepted only if designed and constructed in conformity with the following regulations: (a) Each gasoline and oil service t ation :31 shall provide and maintain a front yard and two (2) side yards of not less than twenty (20) feet each. (b) Gasoline and oil service Ftations includ- ing any part of the facade, or other structures on the same lot, shall not exceed twenty-five (25) feet in height. (c) No gasoline and oil service station shall be located closer than four hundred (400) feet from any church or school; closer than two hundred (200) feet from any police station or fire station; closer than five hundred (500) feet from any hospital; closer than one hundred fifty (150) feet from any residential district; nor shall any gasoline and oil service station be located closer than three hundred (300) feet from any other gasoline and oil service station. (d) Each gasoline and oil service station shall be located on a part or parcel of land having a mini- mum frontage of one hundred fifty (150) feet and a minimum area of not less than fifteen thousand (15,000) square feet. Any station designed for more than five (5) units shall provide an additional area of three thousand (3,000) square feet for eachadditional unit. :31 For the purpose of this Section a unit shall mean two (2) gasoline pumps and/or a stall for one (1) car within the building for servicing, greasing or washing (e) On all corner lots vehicular entrances and exits shall be set back at least twenty (20) feet from the corner or from the established right-of-way lines as shown on Master Thoroughfare Plan, as the case may be, and no approach apron from a side street shall be less than forty (40) feet from the rear property line as measured along the side street property line. Curb openings shall not exceed thirty-five (35) feet in width at the curb line and thirty (30) feet at the property line. Curbs are required to prevent ingress and egress except at entrances and exits. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any part of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance shall be made; that a hearing be called and notice given as provided in Section 17.03 of such ordinance; and that a report and recommendation be made to the City Council. The Chairman cbclared the foregoing resolution adopted. The Chairman appointed Mr. Wilfred Okerstrom to the Plat Committee and Messrs. Kane (Chairman) Greene and Walker to the Zoning Amendment Committee. On a motion duly made, seconded and unanimously adopted this Public Hearing was duly adjourned at approximately 1:10 a.m., February 6, 1957. Robert L. Miller, Secreta ATTESTED: William R. Robinson, Chairman