Loading...
HomeMy WebLinkAboutPLANNING MINUTES 1959-06-30 MINUTES OF THE 108th SPECIAL MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 30, 1959 the City Planning Commission of the City of Livonia held a Public Hearing and the 108th Special Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Robert L. Angevine, Chairman, called the Public Hearing to order at approximately 8:05 p.m. Members present: Dennis Anderson, Robert L. Greene, Wilfred Okerstrom, William R. Robinson, Robert L. Angev ine, H. Paul Harsha, Leonard K. Kane, Charles Walker and Robert M. Peacock Members absent : None Mr. David McCullough, City Planner was present along with approximately 25 interested persons. Mr. McCullough announced the first item on the agenda was Petition M-158 by the Livonia Drive-In Theatre Company, Inc., who are requesting permission to erect and operate a drive-in theatre on property located on the North side of Plymouth Road between Levan and Newburgh Roads in the Southwest 1/4 of Section 29. Mr. McCullough stated a letter dated June 29, 1959 had been received from the Practical Home Builders, Inc., which stated they object to the proposed use. Mr. Harold Harris, attorney and Mr. Raymond Schreiber, petitioner were present. Mr. Rodney Kropf, Assistant City Attorney arrived at 8:09 p.m. I: Mr. Greene stated that the Commission had been informed at the time the drive-in theatre had been approved in July of 1958, that every legal possibility had been exhausted to prevent this theatre from legally being allowed. He asked Mr. Kropf if any conditions have changed since that time. Mr. Kropf stated it was a matter of whether or not the conditions have changed in the opinion of the Planning Commission. Mr. Greene stated that certain conditions were made at the time it was approved and apparently the petitioner has complied with these conditions. At the time it was approved, the question had been raised whether there were any other legal means to stop this drive-in from being approved and as I recall we were told there was nothing to prevent it. Has anything changed between that time and now to alter the situation. Mr. Kropf stated there was nothing illegal about the drive-in theatre being permitted to be erected in this area. --- Mr. Peacock asked if a report had been received from the Industrial Committee. Mr. McCullough stated there was none on this specific case. Mr. Angevine asked if there was anyone in the audience who wbhed to speak. Mr. F. Huebnor, 36601 Amrhein stated he could see no reason for objecting to the proposed drive-in theatre. Stated further he owned property directly behind the drivein site. t; Mr. J. Scully, 36606 West Chicago, stated on behalf of St. Marrs Hospital that thobject to the proposed drive-in due to Levan Road being a route to the hospital. Iiiiiiiii / �_v 77—es, A _c 4 2 He stated the hospital felt that heart attach cases, prospective mothers, accident victims could easily be forced to take the long way around instead of using Levan Road due to traffic from the proposed drive-in. Stated further that doctors rushing to the hospital might face the same traffic. Mr. Lafferty, representative for the Country Homes Civic Association stated that a petition consisting of 360 signatures had been previously presented to the City which indicate the feelings of the property owners in the vicinity. Mr. Harris, attorney for the Livonia Drive-in Theatre Company, Inc., stated the records show that this is the fourth public hearing on this matter. There has been no change in the site or location since the Commission approved the use in July, 1958. The same objections were made at the other hearings as were made tonight. We have tried to comply with everything the Commission has suggested including the 730 ft. set back, the required 1,000 ft. from a residential area, have sub- mitted evidence of the owners of the property,&have provided for acceleration and deceleration lanes. We feel this is a legal and lawful use as provided by the City of Livonia's ordinance and we are presently attempting to comply with the Licensing Ordinance of Livonia. We have obtained approval from the Fire Department, Police Department and the Wayne County Board of Health, and are now seeking approval from the Planning Commission. Mr. Walker stated that since the drive-in had been given approval the Industiial Committee has determined that the use of industrial areas for purposes as would not be industrial is nature should be prevented, if at all possible. This was in line with the thinking of the Chamber of Commerce. Mr. Walker further stated that the Fire Dgpartment had recently made a survey of traffic in this area, at IENewburgh & Plymouth roads because of the proposed fire station site the Commission had set aside in this area and they have found that the traffic is so bad that the fire site is to be removed. The condition of drainage is bad on Newburgh at the present time, yet we are now proposing a use that would further increase the problems of drainage. The Ford Motor Company has protested to the added traffic on Levan Road due to the unimprovement of that street. Mr. Walker felt that the Commission owed the people of Livonia an obligation and they should stand behind the Industrial Committee and other committees. Mr. Harris stated that it must be realized that they are not asking for a non- conforming use but a use which the present zoning ordinance permits. He further stated there was other property which could be used for this use but it was their opinion this was the most desirable and the zoning ordinance does not restrict this property to only industrial use. Mr. Robinson stated he would like to consider a proposed ordinance which the Commission is to have before them shortly which pertains to removing commercial uses from industrial districts. Mr. Angevine stated he did not concur with this. Mr. Polgar, Industrial Committee, reccamended that this site be restricted for only industrial use if at all possible. ILMr. Greene suggested that this item be taken under advisement. Mr. Robinson concurred. It was determined that the plans for the croposed drive-in theatre have been A6 lc J -3-- approved by the State Highway Commission and the Traffic Commission of the City of Livonia. Mr. Robinson asked that inasmuch as it is unable to have an exit on Amrhein Road due to this road not being adequate to handle the proposed theatre's traffic, would it be possible to have an exit on Levan Road. Mr. Schreiber stated that Mr. Meinzinger has stated that an exit is not necessary at the rear but that they would be willing to have an exit there for emergency measures if they were permitted. Mr. Walker stated the Department of Public Works *do not recommend an exit onto Amrhein due to the tremendous cost to improve the road to handle the additional traffic. Mr. Anderson asked the Chairman that a poll be taken to determine if the Commission desired to have this taken under advisement. AYES: Peacock, Walker, Kane, Anderson, Greene, Okerstrom and Robinson NAYS: Harsha and Angevine The Chairman declared that the item would be taken under advisement. Mr. McCullough announced the next item on the agenda was the proposed Lyndon Meadows Subdivision Nos. 2, 3 and 4 being located on the North side of Schoolcraft Road between Henry Ruff and Middlebelt Roads in the Southeast 1/4 of Section 23. Submitted by Warner & Warner on behalf of Oakview Homes, Inc., and Edward Rose & Sons, Inc. This is a reaffirmation of approval granted for the original Lyndon I: Meadows Subdivision on August 14, 1956. First unit given final approval on Tuesday, February 18, 1958. Mr. Menuck and Mr. Warner present. Mr. McCullough stated a letter datedJune 25, 1959 had been received from Livonia Fire Department; a letter dated June 29 1959 from the Police Dept.; and a letter dated June 26, 1959 from the Bureau of Inspection. Mr. Harsha stated the plat was satisfactory; Mr. Robinson concurred. There was a brief discussion among the Commissioners as to w2:ether or•not the 20' easement would affect the set back requirements. Mr. Harsha stated if the lot was too small to allow the required setback due to the easement - the developer would not be allowed to build upon that lot. Mr. Angevine asked if there was anyone in the audience who wished to speak. Upon a motion duly made by Mr. Robinson, supported by Mr. Okerstrom, it was #6-200-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 30, 1959 the City Planning Commission does hereby give approval to the preliminary plat of the Lyndon Meadows Subdivision Nos. 2, 3 and 4 situated in the Southeast 1/4 of Section 23, and I[: 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, Super- intendent of Schools, Fire Department, Police Department, Parks & Recreation Department and Members of the Plat Committee. 4 A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Kane, Harsha, Anderson, Okerstrom, Greene Robinson and Angevine NAYS: None The Chairman declared the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition M-154 by Shell Oil Company requesting permission to construct new service station facilities on property located on the Southeast corner of Middlebelt and Six Mile Roads in the Northwest 1/4 of Section 13. Mr. A. J. Erwin was present on behalf of Shell Oil Company. The question was raised whether a protective wall will be required. Mr. McCullough stated if the petitioner abuts a residential district he will be required to build a protective wall. It was determined that there was a produce market situated between the proposed gasoline station and the residential district. There was no one in the audience who wished to speak. Upon a motion duly made by Mr. Robinson, supported by Mr. Okerstrom, it was #6-201-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 30, 195 9 the City Planning Commission does hereby grant Petition M-154 by the Shell Oil Company requesting permission to construct new service station facilities in the Northwest 1/4 of Section 13, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Walker felt some consideration should be made for a protective wall. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Harsha, Okerstrom, Robinson and Angevine NAYS: Peacock, Anderson and Greene The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Application TA-54 by Nelson Dembs requesting permission to remove topsoil from Lots 97-106, 145-154, 2060256 and 276-341 of the Beverly Gardens Subdivision and from the proposed Hill- crest Avenue Subdivision located South of Seven Mile Road and East of Bainbridge in the Northwest 1/4 of Section 11. There was no one present representing petitioner. Mr. Walker stated that the topo submitted was not satisfactory and that a proper 1/: topo should be submitted before action is taken. Mr. Angevine asked if there was anyone in the audience who wished to speak. :.56 7 5 Mr. John Stewart, 30645 W. Seven Mile Road, stated he wished to register a com- plaint against the petitioner. Stated that 220 ft. of his sidewalk has been torn up since October due to construction being done by the petitioner; two of his spruce trees have been torn up but which have been replaced. Nothing has been done in relation to the torn up sidewalks. Mr. Stewart felt that before the peti- tioner is allowed to remove topsoil that these conditions are taken care of first. Mr. Robinson suggested that this matter be referred to the Inspection Department for a report and recommendation. Mr. Harsha stated that the developer posts a bond when his plat is approved and that this bond could be forfeited if he does not comply with the City9s requirements. Mr. Israel Schofield, 18672 Flamingo objected to the topsoil being removed without it being replace. Mr. Manuel Fortell, 18890 Flamirgo concurred with Mr. Schofield The Chairman declared the item would be taken under advisement until a report has been received from the Inspection Department. Mr. McCullough announced the next item on the agenda was Application TA-55 by Nelson Dembs requesting permission to remove topsoil from the proposed Pickford Gardens Subdivision located on the South side of Seven Mile Road approximately 100 ft. East of Hillcrest Avenue in the Northwest and Northeast 1/4 of Section 11. No one present for the petitioner. 1[40 Mr. McCullough stated letters had been received from the DPW and the Police Dept. The Chairman asked if there was anyone in the audience who wished to speak. Mrs. Dorothy Stewert, 30645 W. Seven Mile Road objected to the application being approved until the existing complaints have been taken care of. Mr. Angevine declared that this item would also be taken under advisement. Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock and unanimously adopted, it was ##6-202-59 RESOLVED that, the City Planning Commission does hereby adjourn this public hearing at approximately 9:12 p.m. on Tuesday, June 30, 1959. The Chairman declared the foregoing resolution is adopted and called a recess at approximately 9:13 p.m. Mr. Angevine called the 108th Special Meeting to order at approximately 9:30 p.m. with all those present now who were present at the time recess was called. Mr. McCullough announced the next item on the agenda was the proposed Arbor Estates Subdivision located between Ann Arbor Road and Joy Road approximately 600 ft. West of Hix Road in the Southwest 1/4 of Section 31; submitted by Richard D. Bleznak. Public Hearing 6/16/59; item taken under advisement. Study Meeting 6/23/59. Mr. Bleznak was present, with revised copies of plat. Mr. McCullough submitted a letter dated June 22, 1959 from the Engineering Dept., in relation to what effect will the new subdivision have on the wells of adjacent properties. Mr. Harsha stated he felt that the new subdivision would have an .s6 6 effect on the pond used by Mr. Christenson for his nursery stock but not the lc wells. Mr. Robinson suggested to Mr. Bleznak that he make some arrangement with Mr. Christenson so as to protect the water level of the pond on his property. Mr. Bleznak agreed to contact Mr. Christenson. It was determined that the School Board desired what is presently designated as a park site. Mr. Bleznak stated that Northfield will be paved for the full width in answer to Mr. Okerstrom's question. Mr. Okerstrom questioned whether or not a fence should be erected on the property adjacent to the school. Mr. Walker felt the school wouldn't want a fence until the school is built. Mr. Anderson suggested a pedestrian walk between Lots 92 and 93 so that the children needn't walk around the entire block in order to get to school. Mr. Bleznak stated he was agreeable to this. Upon a motion duly made by Mr. Kane, supported by Mr. Peacock, it was #6-203-59 RESOLVED that, pursuant to a public hearing having been held on Tuesday, June 16, 1959 the City Planning Commission does hereby give approval to preliminary plat of the Arbor Estates Subdivision located between Ann Arbor Road and Joy Road approx- imately 600 ft. West of Hix Road in the Southwest 1/4 of Section 31, subject to the following conditions: (1) that a 10' pedestrian walk be provided between Lots 92 and 93, (2) that the Council be alerted to the fact that certain adjoining land owners utilize ponds as their source of water supply and further that the quantity of water available to such land owners may be adversely affected at the time utilities are installed in this subdivision, (3) certain street names be changed. FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietors, 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, Fire Department, Police Department, Parks & Recreation Department and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Kane, Harsha, Greene, Anderson, Okerstrom and Angevine NAYS: Robinson The Chairman declared the motion is carried and the foregoing resolution is adopted. It was decided that Mr. Christenson, owner of the nursery would be informed of this decision. 7 Mr. McCullough announced the next item on the agenda was the proposed Fairview 10 Hills Subdivision located between Levan and Newburgh Roads approximately 2000 ft. South of Six Mile Road in the Northwest 1/4 of Section 17; submitted by Herald Hamill on behalf of Fairview Hills, Inc., public hearing 6/16/59 item taken under advisement; study meeting 6/23/59. Mr. Silberstein, petitioner, requested permission to rename subdivision to Meadowland Subdivision. Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock, and unanimously adopted, it was #6-204-59 RESOLVED that, the City Planning Commission does hereby allow petitioner, Mr. R. Silberstein to rename the Fair- view Hills Subdivision to Meadowland Subdivision. The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. Silberstein submitted two different revisions of the subdivision in relation to the layout of Oakdale Street. Mr. McCullough stated no letter has been received from the Traffic Commission as to their recommendations for the layout of the street. He informed the Commission that access roads will be .n Newburgh Road in this subdivision and that it can also be requested of the developer of the land to the south' who has already been ad- vised they will be required. _ _ 1[10 1 Upon a motion duly made by Mr. Peacock, supported by Mr. Walker, it was #6.. -59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 16, 1959 the City Planning Commission does hereby give approval to the preliminary plat of the Meadowland Subdivision located between Levan and Newburgh Roads approximately 2000 ft. South of Six Mile Road in the Northwest 1/4 of Section 17, said plat designating Oakdale Street being straight. Mr. Anderson asked Mr. Peacock to amend his resolution to include access roads along Lot 35 if and when the drain is covered . Mr. Peacock stated he did not wish:to amend his resolution. Mr. Harsha objected to Oakdale being straight. Mr. Silberstein stated that the FHA has informed him that they will accept a straight street if a stop sign is installed. A roll call vote on Resolution 6-205-59 resulted in the following: AYES: Peacock, Walker, Kane and Robinson NAYS: Harsha, Anderson, Greene, Okerstrom and Angevine The Chairman declared that the motion was not carried, therefore the foregoing resolution is not adopted. Upon a motion duly made by Mr. Anderson, supported by Mr. Robinson, it was #6-205-59 RESOLVED that, pursuant to a Public Hearing having been held ,7.5--7d 8 on Tuesday, June 16, 1959, the City Planning Commission does hereby give approval to the preliminary plat of the Meadowland ll: Subdivision located between Levan and Newburgh Roads approximately 2000 ft. South of Six Mile Road in the Northwest 1/4 of Section 17, said plat designating Oakdale Street as a straight street and subject to the following condition: (1) that Lots 34 & 35 face Newburg and that the access road be re- quired to run over these lots when and if the ditch is covered. 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, Fire Department, Police Department, Parks and Recreation Department and Members of the Plat Committee. Mr. Robinson stated he would like to withdraw his support for the reason he felt that continuing the access road as stated in motion would eliminate two lots. Mr. Peacock stated he would support Mr. AndersonVs motion for approval. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Kane, Anderson and Okerstrom NAYS: Harsha, Greene, Robinson and Angevine ,The Chairman declared the motion is carried and the foregoing resolution is adopted. 1 t r. McCullough announced the next item on the agenda was the proposed Newburgh Plaza Subdivision located between Joy and W. Chicago approximately 700 ft. East of Newburgh Road, submitted by Clarence Charest, located in the Southeast 1/4 of Section 31; public hearing 6/16/59 item taken under adv sement; study meeting 6/23/59. Mr. Charest was present with a revised plat designating access road along Joy Road. Mr. McCullough stated that the School Board had informed the Commission that they did not need additional land as originally thought. Mr. Peacock asked Mr. Charest if he would be agreeable to changing the side lot lines of Lots 12 and 16 in order to have these two lots meet the required minimum lot size. Mr. Charest stated he was agreeable to this. Upon a motion duly made by Mr. Walker, supported by Mr. Peacock and unanimously adopted, it was #6-206-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 16, 1959, the City Planning Commission does hereby give approval to the preliminary plat of the Newburgh Plaza Subdivision located between Joy and W. Chicago approximately 700 ft. West of Newburgh Road in the Southeast 1/4 of Section 31 and FURTHER RESOLVED, notice of the at Are 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 ndice having been sent to the Building Department, Super- intendent of Schools, Fire Department, Police Department, Parks Wil/ 9 Recreation Department and Members of the Plat Committee The Chairman declared the foregoing resolutioi is adopted. Mr. McCullough announced the next item on the agenda was the proposed Kimberly Oaks Estates Subdivision #2 located between Brookfield and Farmington approximately 340 ft. North of Schoolcraft in the Southwest 1/4 of Section 22; submitted by G. H. Pastor Development Company; public hearing Tuesday, 6/16/59, item taken under advisement; study meeting 6/23/59. Mr. Pastor was present. Mr. McCullough submitted a revised plat of the subdivision wh;^h excluded the church property previously included. Mr. Pastor stated one iot would not be built upon by him for a period of one year in order to give the Church an opportunity to purchase it for a parsonage. Upon a motion duly made by Mr. Walker, supported by Mr. Anderson, it was #6- -59 RESOLVED that, pursuant to a Public Hearing having been held on June 16, 1959 the City Planning Commission does hereby give approval to preliminary plat of the Kimberly Oaks Estates Sub- division #2 located in the Southwest 1/4 of Section 22, subject to the following: (1) that the developer not build upon Lot designated as "C" on plat for a period of one year Mr. Anderson stated he wished to withdraw his support. II: Mr. Walker stated he would reword his motion. Upon a motion made by Mr. Walker, supported by Mr. Anderson, it was #6-207-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 16, 1959 the City Planning Commission does hereby give approval to revised plat of the Kimberly Oaks Estates Subdivision #2 located in the Southwest 1/4 of Section 22, 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, Super- intendent of Schools, Fire Department, Police Department, Parks & Recreation Department and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Kane, Harsha, Anderson, Greene, Okerstrom, Robinson and Angevine NAYS: None The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition M-157 by Richard Gieryn on behalf of Stout Home Developers requesting permission to install swimming pool on OUtlot B in the proposed Castle Gardens Subdivision located in Section 19. Public Hearing 6/16/59; item taken under advisement; study meeting 1 10 June 23, 1959. Mr. Gieryn was present. Mr. McCullough stated a letter dated June 23, 1959 from the Parks & Recreation states they do not object as long as the area required for this pool does not exceed two acres. It was determined that the Schools had acquired the designated park site. Mr. Okerstrom asked what happens to the swimming pool after the area is entirely developed - who will maintain it thereafter. Mr. R. Gieryn stated that a Board of Governors had been appointed and they will in turn appoint the committee to operate the swimming pool. If they do not main- tain it according to the City regulations and the State Health Department, it will revert back to the sponsors. Mr. Walker asked how long would the developer maintain the pool. Mr. Gieryn stated it was estimated the developer would maintain it for two or three years until the entire subdivision is developed at which time it will be turned over to the Board. It was suggested that the two acres being required for the pool be eliminated from the proposed park site plan. Mr. Anderson suggested that the remaining six acres be designated as a park site. Mr. Kropf stated the approved plat has an outlot consisting of eight acres of which the developer is asking that two acres be released in order to install the swimming pool. Mr. Gieryn stated that when approval was granted for the entire plat of Castle IE Gardens, this outlot was designated as an outlot and not as a park site. Mr. Kropf then stated the Planning Commission can approve the withdrawal of two acres from the designated park site. Mr. Gieryn suggested approving the construction of a swimming pool on two acres in the southeast corner of the designated outlot. Mr. Robinson felt that it did not matter where the swimming pool is situated if it is not designated as a park site. This petition was only for a land use. Mr. Robinson then asked if the Planning Commission had designated a sufficient amount for a park site in this area. Mr. Gieryn stated the Schools have already obtained their site. There is approximately six acres in balance which could be used for a park site. Mr. Robinson asked if it fulfills what is needed for a park site. Mr. Kropf stated if the Planning Commission feels that six acres is sufficient for a park site, that is all that is needed. Mr. Gieryn stated that since the Parks & Recreation Department have approved this swimming pool it must be that they feel the remaining six acres is sufficient. Mr. Harsha stated that on the Iasis of the information before the Planning Commission tonight he felt that six acres is sufficient for a park site. Mr. Robinson con- curred. .s 7.3 11 Upon a motion made by Mr. Walker, it was #6- -59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 16, 1959 the City Planning Commission does hereby grant Petition M-157 by Richard Gieryn on behalf of Stout Home Developers requesting permission to install swimming pool on Outlot B in the proposed Castle Gardens Subdivision located in Section 19 Mr. Peacock asked Mr. Walker if he would amend his motion to read "approve petition to include changes reflected in the revised plan submitted by the petitioner, marked ttAet • Upon a motion duly made by Mr. Walker, supported by Mr. Peacock, it was #6-208-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 16, 1959 the City Planning Commission does hereby grant Petition M-157 by Richard Gieryn on behalf of Stout Homes Developers requesting permission to install swimming pool on Outlot B in the proposed Castle Gardens Subdivision located in Section 19, subject to including the changes reflected in the revised plan, marked "A", as submitted by the petitioner, and FURTHER RESOLVED, notice of the above hearing having been waived by property owners within 500 ft; and notice having been sent to petitioner and City Departments as listed in the Proof of Service. i A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Kane, Harsha, Anderson, Okerstrom, Robinson and Angevine NAYS: None NOT VOTING: Greene The Chairman declared that the motion is carried and the foregoing resolution is adopted. Mr. McCullough stated the next item on the agenda was a letter fromiarold E. Edwards requesting a reduction of his topsoil bond in relation to Application TA-44 which had been granted on Tuesday, April 7, 1959. Original application stated 90 acres at $500.00 per acre. Regular Meeting 6/16/59 taken under advisement. Mr. McCullough stated that the Engineering Department had no objection to reducing said bond but the Bureau of Inspection has asked that this item be taken under further advisement until the next meeting. Mr. Angevine declared that the foregoing item be taken under advisement. Mr. McCullough announced the next item on the agenda was a resolution to amend previous Resolution #5-135-59 adopted May 5, 1959 pertaining to Petition Z-354 amending the C-1, C-2 and adding thereto C-3 District Regulations. Uses permitted under these three districts to be amended. I There was a brief discussion as to where filling stations and nightclubs should be designated. It was agreed that filling stations would be designated in C-2 and nightclubs in C-3. 12 Upon a motion duly made by Mr. Robinson, supported by Mr. Walker, it was ( #6-209-59 RESOLVED that, the City Planning Commission does hereby amend Resolution #5-135-59 adopted on Tuesday, May 5, 1959 on Petition Z-354 by making the following changes: (1) designate filling stations as a C-2 use; (2) delete the 70% consent provision from the following sub-sections: 11.02 (i) and 11.52 (c); (3) Section 11.57 (Article 11.50) be amended to read "thereof is being used" rather than "thereof is to be used" A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Harsha, Greene, Robinson and Angevine NAYS: Peacock, Anderson and Okerstrom The Chairman declared the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was the approval of the minutes for the meeting held on Tuesday, June 16, 1959. on ae3 Mr. Harsha stated that a correction should be made in the eight paragraph/which stated "if the sewer would lower the irrigation ditch he has on the rear part of his property " Mr. Harsha felt that it should read "if the IEsewer would lower the pond and irrigation ditch he has on the rear part of his property " Upon a motion duly made by Mr. Robinson, supported by Mr. Walker, it was #6-210-59 RESOLVED that, minutes of meeting on June 16th, 1959 be approved as corrected by Mr. Harsha, except for that member who was not present, he abstain from voting. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Harsha, Anderson, Greene, Okerstrom, Robinson and Angevine NAYS: None NOT VOTING: Kane The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was approval of minutes for meetings, September 9, 23, October 7, 14, 21, 28 and November 11 and 18, 1958. Mr. Anderson suggested that the minutes of October 14, 1958 be corrected in relation to Resolution #10-281-58 on Page 2201. He stated the resolution should read "remove topsoil only" instead of "remove sand and topsoil". He also stated that a correction should be made on page 2217 as to the type of protective wall stated in proposed amendment to Section 4.45. It should be corrected to read "poured concrete or hardburned brick" instead of "poured concrete, hardburned or brick wall". 13 Upon a motion dulymade by Mr. Robinson, supported by Mr. Walker and unanimously lcadopted, it was #6-211-59 RESOLVED that, minutes of meetings on September 9, 23, October 7, 14, 21, 28 and November 11 and 18, 1958 as corrected by Mr. Anderson be approved except for that member who was not present, he abstain from voting. Mr. Angevine declared the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was a letter dated June 25, 1959 from John Migut to Mr. Rodney Kropf requesting the Planning Commission to reconsider decision made on Application TA-49 which had been denied at the 107th Special Meeting held on Tuesday, June 2, 1959. Mr. Kropf stated that the petitioner has informed him they will meet any conditions the Commission makes in order to eliminate the objections raised at the public hearing. Mr. Walker asked Mr. Kropf if the Planning Commission can change their decision without another public hearing. Mr, Kropf stated this could be done. Mr. Okerstrom stated that it was stated at the previous meetings that there was a great amount of gravel and also that the grade levels were too low. Mr. Walker felt that he would like to have an opportunity to discuss this with the other member of the topsoil committee, Mr. Peacock and to investigate this area with other members of the commission before another decision is made. Mr. Anderson asked the Chairman if a poll could be taken of the Commission whether or not the petition can be brought up at this time. AYES: Peacock, Walker, Kane, Harsha, Anderson, Greene, Okerstrom Robinson and Angevine NAYS: None The poll indicated that this item will be heard at this time. Mr. Kropf stated the petitioner is only asking for permission to remove the sand. Mr. Warner of Warner & Warner, Mr. Mueller, owner of property involved, Mr. Migut, petitioner and Mr. Earl Dill, attorney for petitioner were present. Mr. Dill, stated that the topo had been prepared by Warner & Warner. The land is owned by Mr. Mueller which contains approximately 62 acres of which 21.3 is involved in this petition to remove sand. The sand is to be used by the State Highway Department immediately which is reason for urgency in this matter. Mr. Dill stated further he had been informed that one of the objections was the matter of blow sand which would develop if the surface is removed from this property. Mr. Dill stated that this could be taken care of by replanting the area to be removed with rye. At present the owner does not have any plans for this land residentially or commercially, for the reason that the facilities for water and sewers is still very much in the I: future. Mr. Warner will be in charge of supervising the removal to see that the staking which determines the grade levels will be maintained. The Bureau of Inspection will also be supervising in this respect. The Police Department and the DPW have already given approval and the approval of the Planning Commission is now needed. We would like to ask that you reconsider. If there are any conditions we will be glad to comply with them within our power. A decision is requested 14 tonight because the need for this sand is very urgent. Mr. Peacock asked how long would it take to remove 100,000 yards of sand. Mr. Migut stated approximately six to nine months. Mr. Anderson asked if he would be willing to seed as it is removed. Mr. Migut answered definitely. - Mr. Peacock asked if it could not be stipulated that a certain amount of sand be removed and replanted before another area is stripped. Mr. Migut answered he would comply with this stipulation. There will be stockpiling of this sand, it is to be removed immediately. Mr. Anderson asked Mr. Walker if he would agree to the condition that the owner state in the contract that the site will be cleared and be free ofany rubble. hr. Dill stated that if a condition as mentioned by Mr. Anderson should prevail; that the City inspectors could put a stop order on their permit. Mr. Greene stated he would like to make the condition that the petitioner does not remove anything between November and April. Mr. Kropf stated that the previous resolution denying Application TA-49 will have to be rescinded before any new action is taken. Upon a motion duly made by Mr. Walker, supported by Mr. Kane, it was #6-212-59 RESOLVED that, pursuant to a letter dated June 25, 1959 received from John Migut, and after due reconsideration at the 106th Special Meeting held by the City Planning Commission on Tuesday, June 30, 1959, the City Planning Commission does hereby rescind Resolution #6-175-59 adopted on Tuesday, June 2, 1959 on Application TA-49 requesting permission to remove sand and gravel from property located in the Southeast 1/4 of Section 4. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Kane, Harsha, Anderson, Greene, Okerstrom, Robinson and Angevine NAYS: None The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Mr. Peacock, supported by Mr. Anderson and unanimously adopted, it was #6-213-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday. May 19, 1959 and a reconsideration of the matter on Tuesday, June 30, 1959, the City Planning Commission does hereby grant Application TA-49 by John Migut, who requested I: permission to remove sand and gravel from property located North of Seven Mile Road and West of Farmington in the Southeast 1/4 of Section 4, subject to the following conditions: .,'.5 77 . 15 (a) that the applicant shall not at any time allow water to collect on the subject property or on adjoining property and at all times shall maintain adequate drainage; (b) that the applicant shall at all times comply with all traffic requirements established by the Police Department; (c) that the applicant shall immediately upon removal of any sand and/or gravel plant and cover with straw so much of said area as is not needed to manuever equipment. Planting is to be with seed approved in advance by the Department of Public Works; (d) that the applicant shall not remove any sand and gravel from property between the months of November and April, and FURTHER RESOLVED, that a performance bond be fixed on the above application for apprcximately 22 acres at $500.00 per acre and it is recommended that the Bureau of Inspection issue a permit to this effect, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 feet, petitioner, City Departments as listed in the Proof of Service and recommendations having been obtained from the Department of Public Works under date of May 4, 1959 and from the Police Department under date of May 4, 1959. II: The Chairman declared the foregoing resolution adopted. Mr. McCullough stated the next item on the agenda was a reconsideration of the Westpointe Subdivision plat which had been given preliminary plat approval on June 2, 1959. This request had been submitted by Mrs. Thomas 0/Connor. Mr. John Buchana was present representing Mrs. 0/Connor. Mr. Buchanaipresented an alternate plat of Westpointe designating Melvin Street to Seven Mile Road. Mr. McCullough stated the developer, Mr. George Klein was not present but that he had informed him he was not agreeable to the change. There was a brief discussion among the members of the Commission, after which it was decided this item was closed. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Harsha and unanimously adopted, the City Planning Commission does hereby adjourn the 108th Special Meeting held on Tuesday, June 30th, 1959 at approximately 11:40 p.m. CITY PLANNING COMMISSION William R. Robinson, Secretary ATTESTED: eert L. Angevine, Chairman