Loading...
HomeMy WebLinkAboutPLANNING MINUTES 1959-11-10 . MINUTES OF THE PUBLIC HEARING 2655 AND THE 109TH REGULAR MEETING OF THE IVIICITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, November 10, 1959 the City Planning Commission of the City of Livonia held a Public Hearing and the 109th Regular Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Angevine, Chairman called the Public Hearing to order at approximately 5:00 p.m. Members present: Wilford Okerstrom, Leonard K. Kane, Robert L. Angevine, H. Paul Harsha, William Robinson, Charles Walker and Robert M. Peacock Members absent : Dennis Anderson and Robert L. Greene Mr. David McCullough, City Planner and Mr. Rodney C. Kropf, Assistant City Attorney were present along with approximately 100 interested persons. Mr. McCullough announced the first item on the agenda was Petition M-177 by Jerome L and Luella S. Koenig requesting permission to operate an open air nursery sales on the north side of Five Mile Road between Merriman Road and Auburndale, known as 31540 Five Mile Road in the Southeast 1/4 of Section 15. Mr. Jerome Koenig was present along with Mr. Walter Guth, his attorney. Mr. Guth stated his client wished to operate an open air nursery sales on his property. Mr. Koenig stated he intended to have eight rows of shrubs of various kinds next to his driveway and to then sell them. He also stated he would be planting them behind li: his house.He e3a awns acre of land along Hubbard upon which he would grow nursery stock for the open air sales. Mr. Koenig stated the use was allowed in a RUFB zoning district. Mr. Angevine asked if there was anyone in the audience who wished to speak. Mr. B. O'Neil, 31641 Five Mile Road, a representative of the Livonia Gardens Civic Association asked if a plot pin had been submitted? Mr. Angevine stated there was a plot plan. Mr. O'Neil asked Mr. Koenig if there would be a sales room. Mr. Koenig stated there would be no sales room or building of any kind built for his open air sales. Mr. O'Neil stated they felt that there wasn't sufficient room along Five Mile Road or in the petitioner's driveway for parking because his home is between two other homes and his property is not accessible from Auburndale. He further stated the "No Parking" signs along Five Mile Road were erected due to the fact that Five Mile Road is a direct fire route and the shoulders of the road are to be kept clear in case of any emergency. Mr. O'Neil stated that any signs erected advertising his nursery sales would have an unsightly effect on the neighborhood and decrease the value of their property. At the present time there is one open air sales east of Mr. Koenig's property which has a permit for only a limited amount of days each year. He also understood that there was a 60' right-of-way from the centercf Five Mile Road and no building could be erected upon this right-of-way. There was also a 25 foot front yard requirement. Mr. O'Neil stated they are objectingt16 the proposed use. Mr. Koenig stated there would be no buildings erected. He has one acre upon which he would be able to park 300 cars located behind his residence. He has a double garage with a rear door through which these cars could drive to park. He can also park about five cars in the driveway. There would be a small sign advertising 2686 IL the sale of the shrubs. There is an open air sales for fruits and vegetables located east of his property which had not bean obuected to by the neighb^rs or himself. Mr. Russell Huebner, 31547 Five Mile Road asked Mr. Koenig why he parked his car on Melrose instead of on his driveway. Mr. Koenig answered that he sometimes had a tractor in his garage. Mr. Huebner asked Mr. Koenig how could he park cars in the back yard if he intended to plant 12,000 shrubs in this area. T•::r. Koenig stated he could park 300 cars. Mr. Angevine stated if shrubs are planted in this area, it would limit the area for parking. Mr. J. McDonald, 31527 Five Mile Road asked Mr. Koenig if he could sell;;from Hubbard instead of Five Mile Road. Mr. Koenig stated he had applied for permission to sell from Five Mile Road. Mr. Harsha suggested more decorum and more evidence in relation to this specific case. Mr. Angevine asked if there were any comments from the members of the commission. Mr. Harsha stated that the mere fact that Mr. Koenig has parking space does not mean that it is correctly surfaced for parking. He must provide for parking as required under the ordinance for his customers and himself. He is allowed open air sales under the RUFB zoning. Mr. Walker stated he felt that there certainly was no area on Five Mile Road for II: parking. Mr. Keonig cannot use the side yard because of the nursery stock con— templated in that area. I do not know whether or not this area is suitable for nursery open air sales, as the City would not have any control over the amount of nursery stock he would handle. Mr. Koenig stated that the display of nursery stock would consist of only the eight rows and no more. He felt that there would probably be only one or two cars at one time. • Mr. O'Neil asked if this permit is issued to Mr. Koenig and he sells his property, does the permit go with the property. Mr. Angevine stated it could be carried on to the new owner. Mr. O'Neil stated he felt there was no guarantee that only eight rows of shrubs would be planted in the front. Mr. Angevine suggested this item be taken under further study. Mr. Robinson stated he could not vote favorably on this matter unless there was adequate parking facilities. Mr. Walker stated he would like to suggest that the petitioner contact the City Planner and discuss the conditions of the approval before the next meeting. Mr. Koeni, stated he felt that sufficient information had been given and did not I[: think it was necessary to contact the City Planner. Mr. Angevine suggested Mr. Koenig contact Mr. McCullough, and informed the audience that this item would be taken under advisement. Mr. McCullough announced the next item on the agenda was Petition M-178 by Allen G. 2687 ILThurman requesting permission to erect an A & W Root Beer stand on the north side of Plymouth Road between Farmington and McKinney approximately 400 ft. West of Mc- Kinney in the Southeast 1/4 of Section 27. Mr. Thurman was present. Mr. McCullough stated a letter dated November 3, 1959 had been received from the Police Department. They had no objections other than the lack of parking space. The plot plan was examined by the commissioners. It was determined that this drive-in would be located east of the presently located White Carl Restaurant. Mr. Thurman stated the drive-in would only be open during the summer and there would be no inside serl l ce. Mr. Harsha stated there should be a 40 ft. setback from the right-of-way line. Mr. Thurman stated he had agreed to go back 120 ft. from the right-of-way or 60 ft. from the lot line. The Chairman asked if there was anyone in the audience who wished to speak. Mr. Okerstrom asked if there was a recommendation from the Engineering Department in regard to sanitary facilities. Mr. McCullough stated there wasn't. He further stated that Mr. Thurman would have to take care of this before a permit is issued. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was #11- -59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, November 10, 1959, the City Planning Commission does I[: hereby grant Petition M-178 by Allen G. Thurman requesting per- mission to erect an A & W Root Beer Stand on the North side of Plymouth Road between Farmington and McKinney approximately 400 ft. west of McKinney in the Southeast 1/4 of Section 27. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Kane and Angevine NAYS: Peacock, Walker, Harsha and Okerstrom The Chairman declared the motion is not carried, therefore resolution is not adopted. Mr. Walker stated he wished to make a motion to deny petition. Mr. Okerstrom stated he would support the motion for denial subject to reading the reasons for denial. Mr. Angevine suggested that this item be taken under advisement until the reasons for denial are submitted. . Mr. McCullough announced the next item on the agenda was Petition Z-424 by Sheldon M. Futernick who is asking that the zoning classification on property located on the East side of Oporto, approximately 160 ft., North of Five Mile Road in the Southeast 1/4 of Section 14 be changed from RUFB to R1A. Mr. Futernick was present. Mr. Walker asked Mr. Futernick if he would be willing to amend his petition to ( request a RLA zoning instead of R1A as he felt the RLA would be more in conformity with the surrounding neighborhood. Mr. Futernick stated he would be agreeable to this. Upon a motion duly made by Mr. Walker, supported by Mr. Kane, it was #11- -59 RESOLVED that, the City Planning Commission does hereby allow petitioner, Sheldon Futernick, to amend Petition Z-424 to read "RUFB to R L A" instead of "RUFB to Rl A". 2688 ILMr. Peacock asked if it wasn't agreed at a previous meeting that the Planning Commission would not allow a petitioner to amend his petition but that any different zoning would have to readvertised? hr. Kropf stated the proper procedure would be to readvertise because to amend a petition to a different zoning other than what was advertised may cause trouble. Mr. Kane stated in this particular instance, the planning commission is asking him to amend the petition to read "R. L A", because even if it were zoned R 1 A he would have the same amount of property. Mr. Futernick asked that the R L A o: inb be clarified to him. ]Mr. Kane stated R L A is Residential Large Lot with a minimum lot size of 80' x 120'. If the property is zoned R1 A you would have only 60' x 120'. Mr. Futernick asked what difference did it make in his case, when the property re- maining could not be split again? Mr. Robinson stated the R L A zoning would protect you from anyone else in the neighborhood attempting to change their zoning to R1A. Mr. Futernick stated he would be agreeable to any condition the Planning Commission made. Mr. Kane suggested that Mr. Futernick ask for a rezoning on the entire parcel rather than only 75 x 180 because otherwise the remaining portion would be nonconforming; it should encompass the whole property that is to be divided. 1[40 Mr. Kane stated he wished to withdrew his support to Mr. Walker's motion to amend petition. Mr. Walker asked if it was a matter of legality if the Planning Commission amended the petition. Mr. Kropf stated he felt it would be a matter of legality and the question could also be raised whether or not the petition was advertised correctly the first time. He further stated the Planning Commission could make a motion to hold a public hearing and readvertise the petition as they would prefer it to be. Mr. Walker stated in lift of what the attorney has informed them, he would like to withdraw his motion to allow petitioner to amend his petition. Mr. Angevine asked if there was anyone in the audience who wished to speak. Mr. Kropf stated the Planning Commission could grant the petitioner's request for R 1 A and then also make a motion on their own to rezone the surrounding area to R L A which would protect the remaining properties. Mr. Walker stated he would rather see it readvertised for this particular lot only requesting a R L A zoning Upon a motion duly made by Mr. Walker, it was IL #11- —59 RESOLVED that, pursuant to Section 20.01 of the Zoning Ordinance of the City of Livonia, Zoning Ordinance No. 60 as amended, the City Planning Commission does hereby at this time on its own motion provide for a Public Hearing to be held to determine whether or not to zone the following described property: 2689 The North 150 feet of Lots 28, 29 and 30 of the Golf View Woods Subdivision of part of the West 1/2 of the South- east 1/4 of Section 14, Town 1 South, Range 9 East, Livonia Township, Wayne County, Michigan, from RUFB (Rural Urban Farms) to R L A (Residential Lots). There was no supr.,rt to Mr. Walker's motion. Mr. Robinson suggested rezoning the whole area at the same time. Mr. McCullough suggested this item be taken under advisement and brought up again at the time the Master Pattern in relation to this particular section is acted upon. Mr. Angevine declared that this item would be taken under advisement. Mr. McCullough announced the next item on the agenda was Petition `'-423 by Harold E. Booth who is asking that the zoning classification on property located on the South side of Norfolk between Louise and Melvin Avenues in the Northeast 1/4 of Section 2 from RUFB to R1A. Mr. Booth was present. Mr. Angevine asked if there was anyone in the audience who wished to speak. Mr. M. Hunter, 20250 Melvin, stated his abstract stated there were private restrictions on these lots which stated that the minimum width of the lots in the subdivision would be 100'. He wished to make his objection to the rezoning. 'j4 Mr. Harsha stated under the Township Ordinance this property had been zoned Agricultural It had-been platted before the City was zoned. Mr. Robinson stated he would prefer a R L A zoning here instead of R 1 A. Mr. Angevine stated this item would be taken under advise ent for further study. Mr. McCullough announced the next item on the agenda was Petition by the City Planning Commission on its own motion to determine whether or not Part I of the Master Plan of the City of Livonia that is the Master Thoroughfare Plan should be amended. General purpose is to approve the curve in Wayne Road as shown on the proposed Golfview Estates Subdivision in the Northeast 1/4 of Section 17 and the Northwest 1/4 of Section 16. 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. Kane it was #11-336-59 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia having duly held a public hearing on Tuesday, November 10, 1959 for the purpose of amending Part I of the Master Plan of the City of Livonia, entitled, e "Master Thoroughfare Plan", the same is hereby amended in tho following respects: (1) So as to reduce the proposed width of Wayne from Five Mile Road to Six Mile Road from the proposed 120 foot width now designated on said plan to a designated proposed width of 86 feet; 2690 IL: t2) So as to change the location of Wayne Road in the North 1/2 of Sections 16 & 17, so as to designate the centerline thereof as follows: Description of Centerline of Proposed Wayne Road (86 feet wide) in the North 1/2 of Section 16 and 17, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, is described as follows: Beginning at a point on the East line of Section 17, distant South 1° 284 45" East 250.00 feet from the Northeast corner of said Section 17, and proceeding thence South 1° 284 45" East 845.04 feet, along said East Section line; thence along a tangent curve concave to the left, radius 858.70 feet, central angle 21° 004, an arc distance of 314.73 feet; thence South 22° 284 45" East 147.76 feet; thence along a tangent curve concave to the right, radius 858.70 feet, central angle 21° 004, an arc distance of 314.73 feet; thence South 1° 2P4 45" East 794.84 feet to a point on the East and West 1/4 line of Section 16, which point is North 88° 104 25" East 167.00 feet from the West 1/4 corner of said Section 16, Town 1 South Range 9 East, and having given proper notice of such hearing as required by Act 285 of 1931, as amended the City Planning Commission of the City of Livonia does hereby adopt said amendment as part of the Master Thoroughfare Plan of the City of Livonia, which is incorporated herein by reference, the same having been adopted 11[: by resolution of the City Planning Commission under date of April, 1951, with all amendments thereto; and further that this amendment shall be recorded on said map by the identifying signatures of the chairmand and secretary of the commission, and an attested copy shall be filed with the City Council, City Clerk and the City Planning Commission; and a copy shall also be forwarded to the Register of Deeds for the County of Wayne with the following certification contained thereon; "We certify that the foregoing resolution was duly adopted at a meeting of the City Planning Commission held on Tuesday, November 10, 1959 by the following vote: AYES: Peacock, Walker, Robinson, Harsha, Okerstrom, Kane 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 the proposed Meadowview Subdivision #4 submitted by S. Z. Wolack and located on the South side of Five Mile Road approximately 550 ft. East of Country Club Street in the Idyl Wyld Estates Subdivision in the Northeast 1/4 of Section 20. Mr. S. Z. Wolack and Mr. Donald Geake were present. 1IL• Mr.Mc Cullough stated letters of recommendation had been received from the Bureau of Inspection dated November10, 1959; from the Police Department dated November 9, 1959; from the Fire Department dated November 6, 1959. He stated no letter had been received from the School Board or the Parks & Recreation Department. Mr. McCullough stated that access drives had been established in the Idyl Wyld Estates Subdivision west of the proposed Meadowview Subdivision and he felt that 1 2691 lit might be wise to have this new plat conform with the Idyl Wyld Estates Subdivision. 1[0 It was determined that access drives were established west of the proposed subdivision but not east. Mr. Robinson stated he agreed with Mr. McCullough on the access drives. Mr. Wolack objected to the access drive and to any homes facing Five Mile Road. He further stated he did not think the property owners between his proposed subdivision and Idyl Wylde Subdivision would consent to an access drive in front of their property. Mr. Walker stated that in later years these same property owners may want to subdivide at which time access drives will be a condition of approval. Mr. Angevine asked if there was anyone in the audience who wished to speak. Mr. Kane suggested a study be made to determine if there is sufficient room on the property to the west of the proposed new subdivision for an access drive in the future. Mr. Wolack asked what advantage was there to having access drives? Mr. McCullough answered that they minimize the intersections on Five Mile Road. Mr. Angevine suggested that this item be taken under advisement in order to investi— gate the area in question. '` Mr. McCullough announced the next item on the agenda was Application TA-59 by John Migut who is requesting permission to remove sand, gravel and topsoil from Parcel 04JJ2 located north of Seven Mile Road and West of Farmington in the Southeast 1/4 of Section 4. Mr. Migut was present. Mr. McCullough submitted a letter dated October 20, 1959 from the Engineering Department recommending approval. Mr. Angevine asked if there was anyone in the audience who wished to speak. Upon a motion duly made by Mr. Walker, supported by Mr. Peacock, ar,d unanimously adopted, it was #11-337-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, November 10, 1959 the City Planning Commission does hereby grant Application TA-59 by Joan Migut requesting per— mission to remove topsoil, sand and gravel from Parcel 04JJ2 located north of Seven Mile Road and West of Farmington in the Southeast 1/4 of Section 4 for a period of one year, subject to the following conditions: (a) that the applicant shall not at any time allow water to collect on the subject property or on adjoining property IL and at all times shall maintain adequate drainage; (b) that the applicant shall not excavate below the grade of any proposed subdivision streets; (c) that the applicant shall at all times comply with all traffic requirements established by the Police Department; (d) that the applicant shall be obligated to seed all of the land from which topsoil has been removed with some seed 1.. 2692 I[: acceptable to the Department of Parks & Recreation unless at the time the applicant petitions for the release of the topsoil bond, the Planning Commission relieves the petitioner of this obligation, and FURTHER RESOLVED, that the existing performance bond of $500.00 per acre (22 acres) remain in effect for the entire length of permit, it is recommended that the Bureau of Inspection issue a permit to this effect, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 ft., petitioner, City Departments as listed in the Proof of Service and recommendations having been obtained from the Department of Public Works under date of October 20, 1959, said approval to be subject to all conditions set by the Engineering Department in said recommendation. The Chairman declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Walker, supported by Mr. Peacock, it was #11-33$-59 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, November 10, 1959 at approximately 9:20 p.m. A roll call vote on the foregoing resolution resulted in the following: I[: AYES: Peacock, Walker, Robinson, Harsha, Okerstrom, Kane and Angevine NAYS: None The Chairman declared the Public Hearing is hereby adjourned. Mr. Angevine called the 109th Regular Meeting to order with all those present now who were present at the time the Public Hearing was adjourned. Mr. McCullough announced the next item on the agenda was Petition Z-415 by the City Planning Commission on its own motion to determine whether or not to rezone all of the land in the Southwest 1/4 of Section 30, lying North of Plymouth Road except the South 200 ft., thereof to be changed from RUFB to M-2. Public Hearing held 9/15/59, item taken under advisement; study meeting 9/29/59. Mr. Peacock stated he would like to hear from the floor if there is anything new to be said and limit anyone who wishes to speak to two minutes. Mr. P. W. Richwine, attorney for George and Alice Schmidt, stated he wished to submit the objections of his clients to the proposed rezoning. It was felt by the owners of the property in the petition that this rezoning would be a definite loss to them. Mr. McCullough asked Mr. Schmidt if he had asked the FHA whether or not they would I[: insuremortgages on his property for residences. Mr. Schmidt stated he has had no answer to his inquiry as yet. Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock and unanimously adopted, it was 2693 #11-339-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, September 15, 1959 on Petition Z-415 as submitted by the City Planning Commission for a change of zoning in the Southwest 1/4 of Section 30 from RUFB to M-2, the City Planning Commission does hereby recommend to the City Council that all the land in the Southwest 1/4 of Section 30 which is north of Plymouth Road be rezoned except the following which is ex- cluded from the petition: (1) the South 360 feet thereof which is to be measured from the center line of Plymouth Road; (2) the parcels within the area already zoned for commercial use; said approval granted for the following reasons: (1) the shortage of large single ownership acreages available for industry elsewhere in the City; (2) the reasons outlined by Mr. Polgar on behalf of the Industrial Commission as outlined in the City Planning Commission's minutes of September 15, 1959, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 27, 1959 and notice of which hearing was sent to The Detroit Edison Co., Ehesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co., City Departments and petitioner as listed in the Proof of Service. li: The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition Z-418 by Jack Coleman, Unity Construction Company who is asking that the zoning classification on property located on the Northeast corner of Schoolcraft and Levan in the Southeast 1/4 of Section 20 be changed from AGB to R1A, R-3 and C-2. Public Hearing 10/20/59 item taken under advisement; study meeting 10/27/59. Mr. Coleman and Mr. Zumstein were present, and presented a revised sketch of the proposed rezoning. Mr. McCullough informed the Commission the original request had designated 20 acres for commercial. In the revised sketch the petitioner has reduced the commercial to 400' x 300', and increased the R-3 from 150 ft. to 200 ft. Mr. Walker stated there were quite a number of questions in his mind and felt that it might be wise to study the revised request at a study meeting. He further stated he felt that he did not agree to having R-3 along Levan Road. It might be more suitable to have more commercial along Levan instead of along Schoolcraft. Mr. Coleman asked if they would be permitted to attend the study meeting. Mr. Walker stated he would not object to this. Mr. Angev ine concurred with Mr. Walker. Mr. Okerstrom stated he felt that a C-1 zoning should be designated instead of C-2 and if this is decided, the petition would have to be readvertised. Mr. Walker stated in light of Mr. Okerstrom's statement, he did not feel that petition should I[: be readvertised until it is further discussed at a study meeting. Mr. Angevine declared that this item would be taken under advisement for further study. Mr. Angevine called a recess at approximately 9:30 p.m. r 2694 Mr. Angevine called the meeting back to order at approximately 9:45 p.m. with all those present now who were present at the time recess was called with the exception of Mr. Robinson. Mr. McCullough announced the next item on the agenda was a motion to be made by the City Planning Commission to hold a public hearing to determine whether or not Part I of the Master Plan of the City of Livonia, the Master Thoroughfare Plan, should be amended so as to relocate Wayne Road in Section 28. Mr. McCullough stated this proposed change was in agreement with the Wayne County Road Commission. Mr. Robinson returned at 9:50 p.m. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Peacock and unanimously adopted, it was #11-340-59 RESOLVED that, the City Planning Commission of the City of Livonia having given due consideration to the designated proposed location of Wayne Road in Section 28 in the City of Livonia, and it appearing that the designated proposed location of such thoroughfare as pre- sently shown on said Master Thoroughfare Plan should be changed to relocate the proposed location of such thoroughfare in fut rance of the health, safety and general welfare of the community, and that said relocation of Wayne Road in Section 28, City of Livonia, should designate the center line thereof to read as follows: IL: The centerline of a proposed right-of-way (1201) existing in the S. W. 1/4 of Section 28, City of Livonia, T. 1 S., R. 9 E., Wayne County, Michigan, being more particularly described as follows: Beginning at a point on the N. Line of Plymouth Road distant E. 1326' and N. 861 from the W. 1/4 corner of Section 28, City of Livonia, T. 1 S., R 9 E., Wayne County, Michigan and proceeding on a curve concave to the left (radius-10001, tangent-385.701 and delta-42°11') 736.22 feet; thence on a curve concave to the right (radius-10001, tangent -385.701 and delta-42° 111) 736.22 feet to the W. line of Parcel Klb (intersection point at E. 8081 and N. 13431 from the W. 1/4 corner of Section 28) located in the S. W. 1/4 of Section 28, City of Livonia, T. 1 S., R. 9 E., Wayne County, Michigan; thence N. along the W. line of said parcel to the Chesapeake & Ohio Railroad, the City Planning Commission on its own motion does hereby establish and order a public hearing to be held in the City Hall of the City of Livonia to-determine whether or not Part I of the Master Plan of the City of Livonia, that is, the Master Thoroughfare Plan, should be amended so as to relocate Wayne Road in the S. W. 1/4 of Section 28 from its present location as shown on the Master Thorotrhfare Plan 1: to a new location, the legal description of which is hereinabove set forth, for the reason that said relocation would be in the best interests of the health, safety and general welfare of the community and more appropriately carry out the purpose of intent of the City's Master Thoroughfare Plan; and rmr 2695 1[0 IT IS FURTHER RESOLVED, that notice of the time and place of said public hearing shall be published in a newspaper of general circulation in the City of Livonia and that a notice by registered mail be sent to each public utility or railroad company owning or operating any public utility or railroad within the City of Livonia in accordance with the provisions of Section 5.2998 of Michigan Statutes Annotated and in accordance with the provisions of Act 285 of the Public Acts of Michigan of 1931, as amended. The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition Z-419 by Charles Cannon who is asking that the zoning classification on property located on the North side of Plymouth Road approximately 800 ft. West of Priscilla Lane in the Southwest 1/4 of Section 28 b e changed from C-1 to C-2. Public Hearing 10/20/59, taken under advisement. Mr. McCullough suggested that this item be taken under advisement or tabled until such time that Wayne Road is dedicated. Upon a motion duly made by Mr. Walker, supported by Mr. Peacock and unanimously adopted, it was #11-341-59 RESOLVED that, the City Planning Commission does hereby table Petition Z-419 by Charles Ca nnon,requesting a rezoning of property located on the North side of Plymouth li: Road approximately 800 ft. West of Priscilla Lane in the Southwest 1/4 of Section 28 from C-i to C-2, until such time that the Master Thoroughfare Plan of the City of Livonia has been amended by relocating Wayne Road in the Southwest 1/4 of Section 28. The Chairman declared the motion is carried and the foregcdng resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition M-175 by William Rappaport requesting permission to operate the Star Flower and Garden Center on the Northwest corner of Priscilla Lane and Plymouth Road in the Wouthwest 1/4 of Section 28. Public hearing 10/20/59 item taken under advisement. Mr. J. L. Hudson and Mr. W. Rappaport were present. Mr. Walker stated there azoned asaee Thisdrive isnonPlymouth the N orthRoad sidefrom ofStark PlymouthRoad westerly to the industrial property. Road. Mr. Harsha asked if it can be proved that this road has been in use as a service drive for 15 years, isnot there a point of law that it should be continued? Mr. Kropf stated the City has never maintained hroad. Mpr. Harsha aic itmstated that since this road has been used for a number of yearsby some bearing on this petition. Mr. Kropf stated that fifteen years use by the asked if the use of this public does not make it a public street. Mr. Harsha a road can be denied after having been used for so many years. 11[: Mr. Walker asked the petitioners if they would be willing to go along with the service drive. Mr. Hudson asked if the service drive had been actually only in use because of IL 2696 1[40 the existence of the fruit stand. Mr. Walker stated there had been other outdoor sales in this area which used the service drive also. Mr. Hudson stated they would have no objection to a service drive. Mr. Angevine stated the question had been raised at the preious meeting as to whether or not a public address system would be used. Mr. Hudson stated there would be mne. Mr. Walker stated a protective wall is to be erected between the residential and commercial property. Mr. Hudson stated they had intended to use shrubs as a greenbelt at the rear of their property. Mr. Walker stated that there is an ordinance which states clearly what type of protntive wall should be erected. The greenbelt of shrubs would not conform with the ordinance. Mr. Kropf stated the petitioner could go to the Zoning Board of Appeals if they did not agree to erecting a wall as stated in ordinance. Mr. Kane stated that dace the petitioners had not been present at the public hearing, there might be someone in the audience who has a question to ask the petitioner. Mr. Joe Vanzo,12066 Boston Post Road, felt there should be a conformity to the protective walls erected between the residential and commercial property. He ob- jected to cne type of protective wall being erected by one commercial property owner and then another type of wall erected by the adjoining commercial property owner. Mr. Angevine concurred with Mr. Vanzo that adjc'ning protective walls should conform to each other. Mr. Vanzo stated that the service drive has been in use since the Alden Village Subdivision was platted, which was in 1938. Mr. Walker asked Mr. McCullough if he felt that a 349 service drive is the proper width. Mr. McCullough suggested acceleration and deceleration lanes. Mr. Hudson stated they had no objection to the protective wall and service drive. Upon a motion duly made by Mr. Kane, supported by Mr. Walker, and unanimously adopted, it was #11-342-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, October 20, 1959, the City Planning Commission does hereby grant Petition M-175 by William Rappaport requesting permission to operate the Star Flower and Garden Center on the Northwest corner of Priscilla Lane and Plymouth Road in the Southwest 1/4 of Section 28 subject to the following conditions: IL (1) that the proposed building be erected no closer than 120 feet from the center line of Plymouth Road; (2) that lights be equipped with reflectors in such a manner that light is reflected away from nearby residences; 2697 (3) that outside music shall be inaudible at the nearest residential property line; (4) that there will be no public address system or intercom system used outside of the building; (5) that a protective wall be erected at the rear property line according to the City ordinance; (6) that acceleration and deceleration lanes be provided along the southern property line of their property according to the specifications of the Engineering Department, if the State Highway Department approves of them. 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. Angevine declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was the proposed Gordon-Begin Park Subdivision submitted by Gordon-Begin Real Estate, Inc., and located South of Lyndon Avenue and approximately 950 ft. North of Schoolcraft and West of Buckingham Village in the Southwest 1/4 of Section 31. Public hearing 10/20/59, taken under advisement. Mr. Gordon and Mr. Zumstein were present. Mr. McCullough informed the commission that the Traffic Department prefers Harrison curved in order to be in line with Harrison north of the proposed subdivision. Mr. Gordon objected to this ue it will eliminate several lots. It was also noted that the School Board would dedicate their half of Harrison to the developer on the condition that the developer pave said street. There was a brief discussion between the developer and the commission in relation to curving Harrison. Mr. Gordon felt that it would be less hazardous having the jog :in Harrison than to have Harrison curved south of Lyndon in order to be in line with Harrison north of Lyndon. Mr. Harsha asked if it would be less expensive to purchase land north of Lyndon and curve Harrison in that area than to lose seven lots by curving it south of Lyndon. Mr. Gordon stated he did not own the land north of Lyndon but that it had been suggested that he purchase it for 112,000.00 in order to make the jog north of Lyndon instead of south of Lyndon. Mr. Zumstein stated that a minimum of 600 ft. was needed for the radius of the curve but that 1000 ft. is preferable as stated by the Engineering Department. Mr. McCullough asked the developer if he would object to the plat being brought up at the next meeting until a proper radius is determined. Mr. Gordon stated he would prefer that the matter be settled tonight if at all possible. Mr. McCullough stated that several o f the street names would have to changed. Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock, it was I[: #11- -59 RESOLVED that, pursuant to a Public Hearing having been ' ld on Tuesday, October 20, 1959 the City Planning Commission does hereby give approval to the preliminary plat of the Gordon Begin Park Subdivision located South of Lyndon Avenue and approximately 800 ft. North of Schoolcraft and West of Buckingham Village in the r 2698 Southwest 1/4 of Section 24 subject to the street names being clarified, Mr. Okerstrom stated he would like a clarification of where Harrison is going to curve, to the east or the west. Mr. Harsha stated that before any approval is granted to the proposed plat, a public hearing would have to be held to determine whether or not the Master Thorough- fare Plan is to be amended by curving Harrison as shown on the proposed plat. Mr. Zumstein asked if it would be possible to include in the resolution approval of the proposed changes in the Mar-Git Subdivision previously given preliminary approval. These changes came about because of the new subdivision. Mr. Robinson stated he would like to amend his resolution as follows: #11-343-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, October 20, 1959 the City Planning Commission does hereby give approval to the preliminary plat of the Gordon Begin Park Subdivision located South of Lyndon Avenue and approximately 800 ft. North of Schoolcraft and West of Buckingham Village in the Southwest 1/4 of Section 24, subject to the following: (1) that the street names be changed to conform with those already existing; (2) that approval is granted subject to the Master Thoroughfare Plan being amended to pornit Harrison to be aligned as shown on the plat. (3) that the proposed changes in the Mar-Git Subdivision are hereby approved, 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, Fire Department, Police Dep rtment, Parks & Recreation Department and Members of the Plat Committee. Mr. Peacock stated he would continue to support Mr. Robinson's resolution. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Robinson, Harsha, Okerstrom, Kane and Angevine NAYS: None The Chairman declared the motion is carried and the resolution is adopted. Mr. McCullough announced the next item on the agenda was the proposed Dover Courts Subdivision submitted the the Lightstone Development Co., and located North of Joy Road between Hix and Eckles Road in the Southwest 1/4 of Section 31. Public Hearing 10/20/59, itemtaken under advisement. Mr. Geake and Mr. Lightstone were present. There was a brief discussion rs to whether or not the street Dover between North- field and Perre was too owner onrthecEastoside ofh teHixtwho objected tt there had o Northfielden an submitted by a property y on the West side of Hix stopping in front of his residence. 2699 1[4. Upon a motion duly made by Mr. Robinson, supported by Mr. Walker, it was #11-344-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, October 20, 1959, the City Planning Commission does hereby give approval to the preliminary plat of the Dover Courts Subdivision located North of Joy Road between Hix and Eckles Road in the Southwest 1/4 of Section 31, 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, 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, Robinson, Kane and Angevine NAYS: Harsha and Okerstrom The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition Z-420 by the City Planning Commission on its own motion to determine whether or not Section 4.45 of Article 4.00 of the Zoning Ordinance of the City of Livonia should be amended. ii: (Protective Walls) Public Hearing 10/20/59 item taken under advisement. Study meeting 10/27/59. There was a brief discussion among the commissioners as to who is responsible for the maintainence of the protective wall, the commercial property owner or the residential property owner; the uniformity of the protective walls on ajoining properties; and the type of construction. Mr. McCullough stated Mr. Ponder, City Attorney has suggested that this petition be considered by both the City Council and City Planning Commission before any action is taken. Upon a motion duly made by Mr. Walker, supported by Mr. Okerstrom, and unanimously adopted, it was #11-345-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, October 20, 1959 on Petition Z-420 as submitted by the City Planning Commission to determine whether or not Section 4.45 of Article 4.00 of the Zoning Ordinance of the City of Livonia should be amended, the City Planning Commission does hereby refer Petition Z-420 to the City Council in accordance with Mr. W. Ponder's suggestion that the proposed legislation be considered by both the City Council and the City Planning Commission before action is taken. The Chairman declared the motion is carried and the foregoing resolution is adopted. I: Upon a motion duly made by Mr. Robinson, supported by Mr. Walker, it was 2700 #11-346-59 RESOLVED that, pursuant to a Public Hearing having been held I[ on Tuesday, October 20, 1959 on Petition Z-422 by the City Planner, to determine whether or not to amend Sections 10.05, 10.07 and 10.17 of Article 10.00; and Section 11.06, 11.19 of Article 11.00 of Ordinance No. 60 of the City of Livonia, the City Planning Commission does hereby recommend to the City Council that Petition Z-422 be granted for the reasons as follows: (1) this proposal eliminates front yard set backs on commercial lots 100 feet or less in depth; (2) that wherever existing buildings are in existence with a setback of less than 40 feet within 300 feet of the building sougth to be erected, it reduces the required setback to the average of all within 300 feet; (3) that the Board of Zoning Appeals has been receiving too many requests for variances in these two types of cases, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of October 1, 1959 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co., City Departments and as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Robinson, Harsha, Okerstrom, Kane and Angevine NAYS: Peacock 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-164 by Joseph Cyr, who is requesting permission to build a church on the South side of Jamison between Middlebelt and Garden in the Northwest 1/4 of Section 24. Public Hearing 8/18/59, item taken under advisement; study meeting 9/29/59; regular meeting 10/20/59 item taken under advisement. Mr. McCullough submitted a letter dated November 10, 1959 from John Hiltz, Chief Engineer, which stated that all the available right-of-way was utilized in constructing Jamison Avenue between Middlebelt and Garden. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was #11. '59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 18, 1959 the City Planning Commission does hereby grant Petition M-164 by Joseph Cyr requesting permission to build a church on the South side of Jamison between Middlebelt and Garden in the Northwest 1/4 of Section 24 with the IL recommendation that the Police Department make Jamison Avenue a one-way street west of the church property, 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. 1 2701 l[to A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Kane and Angevine NAYS: Peacock, Walker, Harsha and Okerstrom The Chairman declared the motion is not carrried, therefore resolution is not adopted. Upon a r tion duly made by Mr. Robinson, supported by Mr. Kane, it was #11-347-59 RESOLVED that, the City Planning Commission does hereby table Petition M-164 by Joseph Cyr requesting permission to build a church on the South side of Jamison between Middlebelt and Garden in the Northwest 1/4 of Section 24. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Harsha, Okerstrom, Kane and Angevine NAYS: Peacock, Walker The Chairman declared the motion is carried and the Moregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was the revised plat of IE: the Kimberly Oaks Subdivision #2. Preliminary approval granted 6/30/59. Subdivision is located in the Southwest 1/4 of Section 22 north of Schoolcraft, East of Farmington and West of Hubbard. Submitted by Pastor Development Co., regular meeting 10/20/59, item taken under advisement. Mr. George Pastor was present. There was a brief discussion among the commissioners, Mr. George Pastor and Mr. Gentry in relation to the piece of property which Mr. Gentry feels will landlock his property to the north. Mr. McCullough stated that Mr. Pastor and Mr. Gentry have not been able to come to some agreement as to what is to be done with the triangular parcel designated as Outlot A. Mr. Walker asked Mr. Pastor if he would be willing to dedicate this triangular piece of property in question to the City? Mr. Pastor stated he would be willing to do this. Mr. Harsha asked if it would be proper to accept the dedication of this property to the City? Mr. Kropf stated it would depend entirely upon whether or not the Council would agree to it because if it is accepted, the City would have to maintain it. Upon a motion duly made by Mr. Walker, supported by Mr. Okerstrom, it was #11-348-59 RESOLVED that, pursuant to a Regular Meeting having been IL held on Tuesday, October 20, 1959, the City Planning Commission does hereby give approval to the revised plat of the Kimberly Oaks Estates Subdivision #2 located north of Schoolcraft, East of Farmington and West of Hubbard in the Southwest 1/4 of Section 22, subject to the following: (1) that the developer will dedicate the triang'llar piece of t 2702 property now designated as Outlot A on the plat, (2) that the West 100 ft. of Perth will be vacated; (3) that Lot 17 except the S. 3402 thereof and the E. 30' of Lot 16 except the S. 3402 thereof of the Wolfe Gardens Subdivision located in the Southwest 1/4 of Section 22 be rezoned from RUFB to R1A. Mr. Robinson stated he would like to urge a 'INC,' vote because he felt that this triangular piece of property being dedicated to the City, could be included as part of the right-of-way instead of taking up the time of the City Attorney to work out a dedication. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Harsha, Okerstrom, and Angevine NAYS: Robinson and Kane. The Chairman declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okeratrom, supported by Mr. Peacock and unanimously adopted, it was #11-349-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, October 21, 195', on Petition Z-321 as submitted by the City Planning Commission to rezone certain portions of the City in relation to the Master Pattern, the City Planning Commission does hereby recommend to the City Council that Petition Z-321,in relation to rezoning certain portions of Sections 19 and 21, be granted for the reason that these areas have been developed primarily as R1 A lot sizes. F URTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of October 2, 1908 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & OHio Railway Co., Michigan Bell Tele- phone Co., The Consumers Power Co., City Departments as listed in the Proof of Service. The Chairman declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Walker and unanimously adopted, it was #11-3501-59 RESOLVED that, final plat of Bai-Lynn Park Subdivisions #3 thru e in the Southwest 1/4 of Section 23 be given final approval, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission April 2, 1957 and April 21, 1959; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of April 14, 1958 and May 4, 1959; and it further appearing that bonds in the amount $9,100.00, 09,300.00, ° 2,200.00 and 1,£00.00, pursuant to Council's Resolutions #296-59, #676-59, #677-59, #67P-59 and #297-59, to 2703 cover the installation of improvements have been filed in the office of the City Clerk under date of November 6, 1959; such bonds having been approved by Mr. R. C. Kropf, Assistant City Attorney on November 6, 1959, it would therefore appear that all the conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. Mr. Angevine stated the motion is carried and the foregoing resolution is adopted. Mr. Paul Harsha was excused for the balance of the meeting at 11:20 p.m. Mr. McCullough announced the next item on the agenda was the approval of the minutes for the meeting held on Tuesday, October 20, 1959. Mr. Angevine stated that he felt that on Page 2669 in relation to Petition M-173 by Doyle R. Tippett, the statement "...dedicate that portion of his property in back of the proposed drive-in restaurant", should read "...dedicate a portion of his property in back of the proposed drive-in restaurant for a road".... Upon a motion duly made by Mr. Okerstrom, supported by Mr. Robinson, it was #11-351-59 RESOLVED that, the minutes for October 20, 1959 be approved as corrected except for that member who was not present, he abstain from voting. AYES: Peacock, Walker, Robinson, Okerstrom, Kane and Angevine NAYS: None The Chairman declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Peacock and unanimously adopted, it was #11-352-59 RESOLVED that, final plat of the Meadowview Subdivision in the Southeast and Northeast 1/4 of Section 20 and the Northwest and Southwest 1/4 of Section 21, be given final approval, and FURTHER RESOLVED that, it appearing from the records of the City Planning Commission that the proposed plat for the Meadowview Subdivision did receive tentative approval from the City Planning Commission by Resolution #10-296-58 adopted on October 14, 1958 and it further appearing that said proposed plat together with the plans and specifications for improvements therein were approved by the Department of Public Works on date of April 6, 1959 it appearing also that the City Council by Resolution #213-59 adopted on April 13, 1959 did establish a bond to cover the said subdivision improvements in the amount of $189,000.00 to be deposited by the proprietor with the City of Livonia unless the improvements are constructed in lieu thereof; and the Planning Commission having been informed that a substantial portion of the aforementioned improvements have been installed and that the Engineering Division has recommended to the City Council that the amount of the aforementioned bond be reduced to $15,000, the Planning Commission does, therefore, in view of the above, grant final approval to the plat for the Meadowview Subdivision on the condition that the aforementioned bond in the amount of $189,000.00 is reduced to $15,000.00 by the City Council and that the proprietor deposit a bond in the amount of 1 i4. 2704 [ ,..:, $15,000.00 with the City Clerk prior to the said City Clerk affixing her signature to the said plat. The Chairman declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Robinson, supported by Mr. Okerstrom and unanimously adopted, this 109th Regular Meeting was duly adjourned at approximately 11:30 p.m. on Tuesday, November 10, 1959. CITY PLANNING COMMISSION (crAts►- Leonard K. Kane, Secretary ATTESTED: i ,44t-i;e- - R bert L. Angevi , Chairman