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HomeMy WebLinkAboutPLANNING MINUTES 1960-08-16 2950 MINUTES OF THE 118TH REGULAR MEETING AND A PUBLIC HEARING"OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 16, 1960 that City Planning Commission of the City of Livonia held a Public Hearing and the 118th Regular Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Robert L. Angevine, Chairman, called the meeting to order at approximately 8:15 p.m. Members present: Charles Walker, Leonard Kane, Robert L. Angevine, Dennis Anderson, William Robinson and Wilford Okeratrom Members absent : Robert Peacock and. Robert Greene Mr. David McCullough, City Planner_and Mr. Charles Fcrrest, Jr. , Assistant City Attorney were present along with approximately ten interested persons in the audience. Mt. McCullough: The first item on the agenda is Petition Z-468 by Michael J. Caffery who is asking that the zoning classification on property located on the East side of Westmore Avenue approximately 210 ft. South of Five Mile Road and also, property located on the Southwest corner of Shadyside and Five Mile Road in the Northwest 1/4 of Section 22 from CC to C-2. Mr. Michael Caffery was present. Mr. Angevine: Is there anyone in the audience who wishes to speak? Mr. Caffery: This property,if rezoned, will be used for a super market 24712 Carlyse) and parking lot. I have an immediate client for it. Dearborn ) • Mr. McCullough: Will this proposed building conform with the architecture of the city hall? Mr. Caffery: Yes, if possible. Mr. Walker: I would like to task about this realistically. We have quite a problem before us because there is other property in this area besides what you have petitioned for. It is adjacent to the proposed civic center. Rather than have this property develop singularly I would rather see the entire area under one plan. I would like to go back to your other petition - your request for approval of a car wash on Farmington Road The solution to that is to have the car wash moved to Five Mile Road - in this way it would not be adjacent to the church and school property. Then we also have the problem of the existing house just west of the city hall at the end of Shadyside. This should be considered because this road from Five Mile will undoubtedly be a road to the civic center and this building. There are some stores developed along Five Mile Road now. I suggest that you try to acquire the entire piece of property and see what kind of a plan can be worked out, Mr. Caffery: In the past year and a half I have asked the City Council and others to purchase this property from my clients. I have tried to trade but nothing has come of it. The C-2 zone permits buildings of this sort to be built there. I do not . 2951 want to get the car wash involved in this. It is not re- lated to this petition at all. I ha‘e: i._, iy--_<;=+_..t is this property other than seeing it get developed. The auto wash was mine. Mr. Walker: Is it physically possible to submit a master plan of the whole area? Mr. Caffery: I have gone as far as I can and the people who own it will not go any further until is has been rezoned. Mr. Walker: This involves one chain store? Mr. Caffery: If they have enough parking they will want to have more stores. But so far we can only handle a super market. Mr. Okerstrom: This is a request for C-2. Is there any other zoning requested: Mr. Caffery: What you have in the C-2 zone covers our needs. Mr. McCullough: Are you willing to come back with a scheme for the whole area or would you like to have a decision on this as it is presented? It should be pointed out that this does conflict with the proposed civic center. Another bad feature is the existing house on the back of this property. 11440 Mr. Angevine: Any further discussion, gentlemen? Upon a motion duly made by Mr. Robinson, supported by Mr. Anderson, it was #8-180-60 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-468 as submitted by Michael J. Caffery for a change of zoning in the Northwest 1/4 of Section 22 from CC to C-2, the City Planning Commission does hereby recommend to the City Council that Petition Z-468 be denied for the following reason: (1) It conflicts with the proposed civic center plan adopted by the City Council, FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The livonian, under date of July 27, 1960 and notice of which hearing was sent to The Detroit Edison Co. , Chesa- peake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Co. , City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Robinson, Anderson, Okerstrom, Kane and Angevine NAYS: None IL: Mr. Angevine: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition Z-467 by Balius Wilson who is asking that the zoning classification on property located on the Southeast corner of Hugh and Norfolk Avenues in the Northeast 1/4 of • • 2952 Section 2 be rezoned from RUFB to R-1-A. Mr. Balius Wilson was present. Mr. Angevine: Is there anyone in the audience who wishes to speak? Upon a motion duly made by Mr. Okerstrom, supported by Mr. Kane and unanimously adopted, it was #8-lel-60 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-467 as submitted by Balius Wilson for a change of zoning in the Northeast 1/4 of Section 2 from RUFB to R-1-A, the City Planning Commission does hereby recommend to the City Council that Petition Z-467 be granted because it conforms with the existing area in that lots immediately to the north and east are already zoned for R-1 uses, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date July 27, 1960 and notice of which hearing was sent to The Detroit Edison Co. , Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Co. , City Departments and petitioner as listed in the Proof of Service. Mr. Angevine: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is a petition by the City Planning Commission on its own motion to determine whether or not Part VI of the Master Plan of the City of Livonia, entitled, "Master Fire Station Plan of the City of Livonia" adopted on June 19, 1956 should be amended by removing the designated fire station site on portions of Parcels J44, J45 and J46 in the Southeast 1/4 of Section 6. The Council has asked that this fires tat ion site be removed. We have designated it on the Northeast corner of Newburgh and Seven Mile Roads on the revised Master Fire Station Plan. The site on the Northwest corner can not be sold until the designation has been removed from our Master Plan. Mr. Angevine: Is there anyone in the audience who wishes to speak? Upon a motion duly made by Mr. Kane, supported by Mr. Walker and unanimously adopted, it was #8-182-60 RESOLVED that, pursuant to the provisions of Sections 6, 7 and 8 of Act 285 Public Acts of Michigan of 1931, as amended and the City Planning Commission of the City of Livonia, having duly held a public hearing on Tuesday, August 16, 1960 for the purpose of amending Part VI of the Master Plan of the City of Livonia, entitled, "Master Fire Station Plan", the same is hereby amended to delete the following described property from said Master Fire Station Plan of the City of Livonia, I[: Designated fire station on portions of Parcels J44, J45 and J46 in the Southeast 1/4 of Section 6, RESOLVED further, that having given proper notice of such hearing 2953 as required by said Act 285, as amended, the Planning Commission does hereby adopt said amendment as a part of Part VI of the Master Plan of the City of Livonia and reference is expressly hereby made to the map containing descriptive and other matter intended by such Commission to form a part of such Master Plan and said described property is deleted therefrom; and RESOLVED further, that the City Planning Commission has determined that said deletion is in the best interests of the City of Livonia and that the continued designation of said above described property as a part of Part VI of the Master Plan of the City of Livonia would serve no further useful public purpose; this resolution shall be recorded on the said map which described Part VI of the Master Plan by the identifying signatures of the Chairman and the Secretary of said Commission, and an attested copy of said amendment to Part VI shall be certified to the City Council, City Clerk and the City Planning Commission; and to the Register of Deeds of the County of Wayne and the following certification shall appear thereon: "We certify that the foregoing resolution was duly adopted at a meeting of the City Planning Commission held on Tuesday, August 16, 1960 by the following vote: AYES: Walker, Robinson, Anderson, Okerstrom, Kane and Angevine NAYS: None Mr. Angevine: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is a Petition by the City Planning Commission on its own motion to determine whether or not Part V of the Master Plan of the City of Livonia, entitled "Master School and Park Plan" should be amended so as to designate for future public purposes all of that property shown on the proposed revised part V. Mr. Robert Girardin, Superintendent of Parks and Recreation is present tonight to answer any questions you may have in relation to this revision of the Master School and Park Plan. There is only one correction to be made upon the map sub- mitted tonight and that is the Tot Lot designated in Section 1. It shows this lot as already acquired. It hasn't been purchased but it will be. The Council will also have to be informed that they should not limit themselves to these specific sites because it may develop in negotiating for these sites that they are not located exactly as shown. Mr. Angevine: Is there anyone in the audience who wishes to speak? Mr. Joseph Vanzo: I am not familiar with all of these proposed sites but we 12066 Boston Post Road) are hoping that the special election will pass the proposed 110 bond issue so that the City can purchase these sites because we do need recreation and playgrounds for our children. One particular park site in the Alden Village Subdivision was suggested by us to the Planning Commission and this site will serve two purposes; one, a playground is greatly needed for the children in this area due to the fact that they now have to cross Plymouth Road to reach a playground; two it also 2954 serves as a buffer between the subdivision and the M-1 zone. Illi I would like to see this plan go through for the benefit of the residents of the Alden Village Subdivision. It also would serve the people who live on Stark Road north of our subdivision because it is within that vicinity. It would be a token of appreciation for the people who live in that area. Mr. Okerstrom: Do you feel, Mr. Girardin, that ten acres of park area is sufficient for a ten acre school site? Mr. Girardin: Yes, with what we place on the sites, this will be sufficient to take care of our needs. There are some larger play fields we will probably need in the future but if every school is flanked with an adjacent park site this should be sufficient. Ye have several activities going on at the same time. Mr. T::alker: The correction of the Tot Lot in Section l will be taken care of at the time the map is made when :ur recolut::ci. .f approval is printed thereon. Am I correct? dr. McCullough: Yes, this correction will be made at that time. Upon a motion duly made by Mr. Walker, supported by Mr. Kane, it was 11S #,.:-14.3-60 RESOLVED that, pursuant to the provisions of Sections 6, 7 and 8 of Act 285 of the Public Acts of. 1931, as amended, the City Planning Commission of theCity of Livonia, having duly held a public hearing on Tuesday, August 16, 1960 for the purpose of revising and amending Part V of the Master Plan of the City of Livonia, entitled, "Master School and Park Plan", the same is hereby revised and amended at this time so that the certain property hereinafter referred to will be designated on such plan for future purposes in order to promote the health, safety and general welfare of the community, RESOLVED further, that having given proper notice of such hearing as required by said Act 285, as amended, the Planning Commission does hereby adopt said amendment so as to designate for future public purposes all of that property shown on the proposed revised Part V of the Master Plan of the City of Livonia and identified by the signatures of the Chairman and the Secretary of the City Planning Commission and reference is expressly hereby made to the map containing descriptive and other matter intended by such Commission to form a part of such Master Plan and said described property is designated thereon; and RESOLVED further, that said revision and amendment is in the best interest of the City of Livonia and this resolution shall be recorded on the said map which describes Part V of the Master IL Plan by the identifying signatures of the City Planning Commission, and an attested copy of said amendment to Part V shall be certified to the City Council, City Clerk, and the City Planning Commission; and to the Register of Deeds of the County of Wayne and the following certification shall appear thereon: 2955 "We certify that the foregoing resolution was duly adopted at a meeting of the City PlanningCommission held on Tuesday, August 16, 1960 by the following vote: Y AYES: Walker, Robinson, Anderson, Okerstrom, Kane and Angevine NAYS: None Mr. Angevine: The motion is carried and the foregoing resolution is s adopted. Mr. McCullough: The next three items on the agenda are Petitions, Z-457, Z-458 and Z-459. They are all related to each other and refer to the C-1, C-2 and the new C-3 District Regulations. This is a public hearing to determine whether or not the C-1 and C-2 ordinance should be amended and whether or not C-3 should be added thereto. We have received no correspondence in relation to these three petitions. Anything in relation to automobiles is going into the new C-3 ordinance along with gasoline stations. This new ordinance also takes care of regulating signs. Mr. Walker: If we pass one of these petitions, we will have to pass on the other two since they are all related. We are not com- pletely satisfied with the C-3 designations, therefore I feel we can not act on C-1 and C-2 either. The gasoline ' station map was submitted to us and we thought at that time we should study this further before acting so I cannot see how we can act upon these items tonight. Mr. Okerstrom: What is the definition of a PS district? Mr. McCullough: Right now in the ordinance we have specific uses which are allowed in a PS zone - some requiring Planning Commission approval before they are permitted. Mr. Robinson: I still feel gasoline stations should be in a C-2 zone. If they are in C-3 it will require an establishment of many C-3 areas and it will permit a lot of C-3 uses in spots we do not want them in. I feel we can not get away with just allowing a few gasoline stations. The question was raised whether or net the Planning Commission was going to eliminate the required conse.,- from surrounding property owners for certain uses, such as dry cleaning plants, motels and motor courts. Mr. McCullough concurred that this had been decided and that it will be removed from the ordinance. Mr. Angevine: Is there anyone in the audience who w;r:.es to speak in relation to Items 5, 6 and 7 on the agenda? 1[10 There being none, these three items will be taken under advisement until they can be taken up at the study meeting to be held on Tuesday, September 6, 1960. Mr. McCullough: The next item on the agenda is Petition Z-469 by D. R. McCullough, City Planner, acting pursuant to authority vested in him under Section 4 of Article VI of the Rules & Procedure of the City 2956 Planning Commission is asking that the zoning classification on property located on the East side of Merriman Road approximately 350 ft. North of Plymouth Road in the Southwest 1/4 of Section 26, be rezoned from RUFB to M-1. This is the petition that was before the Planning Commission at a previous meeting submitted by the Elias Brothers asking for a rezoning from RUFB to C-1. It was thought at that time that it would be better to rezone this area to M-1 in- stead of C-1. Consequently, the other petition was withdrawn and this petition was submitted by the City Planner in its place. Mr. Okerstrom: I feel that the original petitioner, the Elias Brothers, should have paid the required fee for rezoning this property to M-1. Mr. Angevine: They should have paid on the basis of this petition before us and not the other one since it was withdrawn. I see no objection in this case since it was the Planning Commission's idea to change the zoning to M-1 instead of C-1. Is there anyone in the audience who wishes to speak? Upon a motion duly made by M . Robinson, supported by Mr. Kane and unanimously adopted, it was ire-184-60 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-469 by D. R. McCullough, City Planner, for a change of zoning in the Southwest 1/4 of Section 26 from RUFB to M-1, the City Planning Commission does hereby recommend to the City Council that Petition Z-469 be granted for the reason that the subject land is situated within the industrial corridor close proximity to other industrial uses, consequently its ulti- mate use ought to be industrial rather than commercial, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 27, 1960 and notice of which hearing was sent to The Detroit Edison Co. , The Consumers Power Co. , Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , City Departments and petitioner as listed in the Proof of Service. Mr. Angevine: The motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Walker, Supported by Mr. Anderson, it was #8-185-60 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, August 16, 1960 at approximately 9:10 p.m. 110 A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Robinson, Anderson, Okerstrom, Kane and Angevine NAYS: None Mr. Angevine called the 118th Regular Meeting to order at approximately 9:12 p.m. with all those present now who were present at the time the public hearing was adjourne 2957 Mr. McCullough: The next item on the agenda is the Westpointe Subdivision II: submitted by Klein & Shenkman, located North of Seven Mile Road and East of Purlingbrook in the Southeast 1/4 of Section 2. Revised plat sub- mitted; 119th Special Meeting, taken under advisement. Mr. Klein has asked that we defer action on this revised plat for another month. Also, it should be noted that because it took so long to finalize the purchasing of the library site, the preliminary approval on this plat is null and void unless the Planning Commission wishes to give a 6 month's extension. It was determined that another public hearing would be necessary on the revised Westpointe Subdivision. Upon a motion duly made by Mr. Robinson, supported by Mr. Okerstrom and unanimously adopted, it was #8-186-60 RESOLVED that, the City Planning Commission does hereby remove the Westpointe Subdivision from the agenda for the reason it has been determined that this said plat requires another public hearing due to the expiration of the preliminary approval granted June 2, 1959. Mr. Angevine: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition Z-460 by Emanuel 11: Sabo who is asking that the zoning classification on property located on the East side of Deering appro-- -ately 190 feet South of Plymouth Road in the Northeast 1/4 of Section 36 be rezoned from R1B to P. Public Hearing 7/19/60, item taken under advisement; 119th Special Meeting, item taken under advise- ment. A letter dated August 15, 1960 has been received from the Police Department stating their approval in accordance with Sketch "A" Mr. Okerstrom: Mr. Peacock raised the question of how much per foot would it cost for a greenbelt. Mr. McCullough: Mr. Girardin was suppose to answer this question but he's left the building. Mr. Walker: The zoning ordinance spells out what type of greenbelt as specified by the Parks & Recreation would be allowed and this would determine the cost. Mr. McCullough: I think if you state the cost at $10.00 per lineal foot in order to determine the amount of bond to be posted, this would be sufficient. lis Mrs. Virginia Maltby: I object tothis petitioner violating the law and then coming in with a petition to rezone. I tried to have this property rezoned. I could tot pay the required fee. I sold this lot and it is now being rezoned for Parking and because of this I cannot sell my present . property because of the parking lot at the rear. I would 2958 like to have this made part of the record. I have complained to the Bureau of Inspection and the Police Departmelat of tris parking lot being there before it is properly rezoned. Mr. Okerstrom: Mrs. Maltby, what do you think could be done with this parcel of land? Mrs. Maltby: My deed restrictions state this lot is to be used for residential. It was determined that the Planning Commission has no jurisdiction over private deed restrictions. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Walker, it was #8-187-60 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 19, 1960 on Petition Z-460 as submitted by Emanuel Sabo for a change of zoning in the Northeast 1/4 of Section 36 from R1B to P, the City Planning Commission does hereby recommend to the City Council that Petition Z-460 be granted for the following reason: (1) that off-street parking is very much needed in this area and more- over the proposed parking lot will face the bank and not other residential properties; IT IS FURTHER RECOMMENDED that the City Council set a cash bond for the installation of the required greenbelt at $10.00 a lineal foot, FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of June 29, 1960 and notice of which hearing was sent to The Detroit Edison Co. , Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Co. , City Department and petitioner as listed in the Proof of Service. Mr. Walker: The reason I am voting in favor is because I know and Mrs. Maltby knows that there is a very serious need for parking in this area. We have an existing business and east of this business there is a medical building. You have implied that you can not sell your home because of the proposed parking lot or an illegally existing parking lot. You have asked us to rezone this same piece of property, before you sold it, to PS. If we had done this there would have been a parking lot in this area anyways for the PS. Mr. Anderson: You are really objecting due to the fact that you could not raise enough money to petition for a rezoning. Mrs. Maltby: No, that is not entirely true. I tried to negotiate with the bar owner but he wouldn't deal with me but he did with the realtor. After he pur- chased it, he tried to use it for a parking lot and then when I objected, he petitioned to have it rezoned for Parking. I am objecting to this parking area in a residential area. 2959 A roll call vote on Resolution #8-187-60 resulted in the following: "ES: Walker, Anderson, Okerstrom and Kane NAYS: Robinson and Angevine Mr. Angevine: The motion is carried and the foregoing resolution is adopted Mr. McCullough: The next item on the agenda is Petition M-192 by Joseph Crenshaw who is requesting permission to fill and bring to grade level property located on the North side of Seven Mile Road between St. Francis andAntago approximately 150 ft. North of Seven Mile Road in the Southeast 1/4 of Section 1. Public Hearing 4/19/60, item taken under advisement; Regular Meeting 7/19/60, item taken under advisement; 119th Special Meeting, taken under advisement. Mr. Clarence Charest, attorney for Mr. Crenshaw was present. Mr. McCullough: We have received a letter dated August 9, 1960 from the Engineering Division of the DPW in which they do not state to what height the petitioner can fill this property. They do not feel it is to the applicant's best interest to utilize this land but they state the City has no right to deny him the use of his property. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Robinson and unanimously adopted, it was #8-188-60 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, April 19, 1960 the City Planning Commission does hereby reluctantly approve Petition M-192 requesting permission to fill and bring to grade level property in the Southeast 1/4 of Section 1, for the reason that the Department of Law has advised the Planning Commission that they have no power to prevent this fill, 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. Angevine: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda was Petition M-193 by Joseph Crenshaw who is requesting permission to conduct open air sales on property located on the North side of Seven Mile Road between St. Francis and Antago approximately 150 ft. North of Seven Mile Road in the Southeast 1/4 of Section 1. Public Hearing held 4/19/60, item taken under advisement; Regular Meeting 7/19/60, item taken under advisement; Special Meeting, item taken under advisement. Mr. Clarence Charest was present for the petitioner. The question was raised as to whether or not the City would be liable in the event of a flood damaging the petitioner's building. Mr. Forrest, Assistant Attorney, did not think the City would be liable but that he would prefer to study it further. Mr. Charest did not see why the City would be responsible since this would be termed 1[40 as an "Act of God". Mr. Walker stated it would be a matter of record that Mr. Charest b.e stated he did not feel the City would be responsible in the event of a flood damaging any building on said property. Upon a motion duly made by Mr. Anderson, supported by Mr. Kane, it was #8-189-60 RESOLVED that, pursuant to a Public Hearing having been held on 2960 Tuesday, April 19, 1960 the City Planning Commission does hereby grant Petition M-193 by Joseph Crensham requesting permission to conduct open air sales on property in the Southeast 1/4 of Section 1, 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Anderson, Kane and Angevine NAYS: Robinson and Okerstrom Mr. Angevine: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is a motion to hold a public hearing pursuant to Council's Resolution #265-60 requesting the City Planning Commission to hold a public hearing to determine whether or not to amend Section 17.02 of Article 17.00 of Ordinance No. 60; (Authority to Approve Uses; Appeal to Council). Special Meeting 6/7/60, item taken under advisement; regular meeting 6/21/60, item taken under advisement; regular meeting 7/19/60, item taken under advisement; 8/9/60 item tabled. It was determined that this item would be taken under advisement. Mr. McCullough informed the Planning Commission that a revision to Section 4.38, Off-Street Parking is necessary. After a proposed amendment is made up they will be forwarded to the members for their examination. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Kane and unanimously adopted, the 118th Regular Meeting was duly adjourned at approximately 9:40 p.m. on Tuesday, August 16, 1960. CITY PLANNING COMMISSION L onard K. Kane, Secretary ATTESTED: -�' t r , / 44[A.. I ' ` 'obert L. Angevine, ' airman