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HomeMy WebLinkAboutPLANNING MINUTES 1962-07-03 4 3513 MINUTES OF A PUBLIC HEARING AND THE 148TH SPECIAL MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, July 3, 1962 the City Planning Commission of the City of Livonia held a Public Hearing and the 148th Special Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Charles W. Walker, Chairman, called the public hearing to order at approximately 8:10 p.m. Members present: Edward Milligan, James Cameron, Robert L. Greene, Robert L. Angevine, James Watson, Leonard K. Kane, W. E. Okerstrom and Charles W. Walker Members absent : **Dennis Anderson Mr. David R. McCullough, City Planner and Mr. Charles Forrest, Jr. , Assistant City Attorney were present along with approximately 100 interested persons in the audience. Mr. Charles W. Walker, Chairman, asked how many persons in the audience were present in relation to Item #11, Petition M-252 by David N. Hoffman requesting permission to erect an assembly hail for the Jehovah's Witnesses' Congregation in the Southeast 1/4 of Section 21? Because there were a number of people present for this petition, Mr. Walker announced that this item would be heard first on the agenda. Mr. McCullough: The first item on the agenda is Petition M-252 by David Hoffman, Presiding Minister, Livonia Congregation of Jehovah's Witnesses requesting approval to build en assembly IL: hall on the northwest corner of Schoolcraft and Stark Road in the Southeast 1/4 of Section 21. for Mr. David Hoffman, was present. He stated the seating capacity would be/approxi- mately 135 to 140 people. It would never be larger than this for the reason that if more room is needed - they build another building in another area rather than expand the Fri -ent building. He stated there was a house immediately west of the property, a house on the north side of the property, and residences on the south side of Schoolcraft. The Northeast corner was vacant. Mr. Walker asked if there was anyone in the audience who wished to speak? Mr. Daniel Zulinski, 34068 Schoolcraft, submitted a petition signed by several property owners in the vicinity who object tot he proposed use. Mr. Larry Wyman, 14001 Stark Road, stated his property adjoins the church property on the north side and the proposed parking lot would be next to his front yard. He objected to the proposed use for this reason. Mr. Zulinski presented photographs of the existing homes along Schoolcraft immediately west,of the proposed assembly hall. Mr. Arthur Carey, 15886 Alexandria, stated je lived three miles from the proposed assembly hall and was in favor of the petition. He stated they solved the problem of parking next to residential property by erecting a wall.. Mrs. 0. Mehl, 33950 Schoolcraft stated she lived next door to the proposed building and wished to object to it. Mr. Hoffman stated that the proposed building would not deteriorate the neighborhood. It was designed on modern lines. He stated it could be put in the contract that • 3514 ' the betiding would deVer be enlarged. , , It WAS Won& dUt that although this building it called at asssmbly hall it is I: a Leh building used for worship sod religious study bettigt. Miti Wilber Suggested that before action is taken that the petitioner work with threCity Planner in order to determine if another aiteimore suitable for the #4006. intendedieobld be found. Mr' Sitilben stated they fait this Was a logical place due to the fact that it was 4.014.110 lotated in 1i4onia, Me Stated he would work with Mt. McCullough for +WOW site if Ole is the Planning Commission decides. ilr. Walker felt this mOuliiibe1000 because it Was felt the area vas not large enough. 'Me parking • 00400 a *rebid* due to the fact that it VAS quite tight v.; the present Oil's ' there Use no additional property which could be purdiated to increase the p410006 *. until louttleiller mt. Nolkos stated this V similiSi liteman have looked into the Matter of locating another site for the ehUtehi building. fir. MOCulloUgh: The next item on the agenda is petition 11-251 bytheDennis Corporation, reveriting approval to build a driVe-in theatre on property located on the North side of Plymouth Road approximately 940 feet North of Plymouth Road and approximately lis Section 26 stialiosalittuhr iii, tat , , • • . . tin Satter and Mr, Charles Schafer Were present representing the petitioner. tit, NCCUlloUgh informed the Commission and audience that all necessary letters of , . . reedometidetiOna have been received other than the police investigation of the petitioner which is not under the jurisdiction of the Planning Commission. Mr. Martin Schafer Stated the theatre would have a 1,000 car car:actity with the entrance off of Plymouth hoed, They have contacted the Traffic 'commission and Ate willing to go along with everything they have re questedi ,i ht, Chitties Schafer presented letters ftLA various organisations concerning the proposed dtiimoin from the various Police Departments, Mayors, and business associates Where they have conducted the sane kind of busineSs. Mei gattileegk asked it they have attempted to acquire an easement fm theft. potty going west to Merriman in order to have another outlet? Mr. Schafer stated they he but they were unable to accomplish this, ht. Walker asked if there was anyone in the audience who wished to speak? 4 Mt. Weisman, Plymouth Road objected to the proposed drive-in. [ Mr i R. Volimati /9896 ortingelaWn, President of the Devonshire Civic Association, ojbeeted to the drive-in and "everything that goes with it". *, Harold hiller, 30916 Oreftgelawn objected to the traffic which vill result, along with the traffic from the race trackeh-A wonderland, Mr4 Jim Nudge, 33550 hathaway, objected to the drive-in theatres as they are run hOW, but he is not Objecting to them as such. Objected to the fa-.‘.t that there is 3515 no selection of shows. I: Mr. Joseph J. Gerber, 11004 Milburn and Mr. Earl Johnson, 11038 Milburn both objected to the drive-in because of the traffic that wouldresult from it. the Mr. Milligan stated it was the intention of/ petitioner to increase the width of Plymouth Road and make a left turn lane. This would be an added lane and would not distrub the other lanes on Plymouth Road. There is to be a traffic light also. Mr. Anderson asked the petitioner if he intended to have an acceleration and deceleration lane beyond the widened part of Plymouth Road? Mr. C. Schafer stated they intend to concur with all of the requirements of the Traffic Commission and the State Highway Commission. Mr. Okerstrom asked if they intend to have someone police the area. Mr. Schafer stated that they would have police there if there is enough traffic. It was ascertained that the screen will be facing away from Plymouth Road as requested by the Police Department. Upon a motion duly made by Mr. Cameron, supported by Mr. Angevine, it was #7-142-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 3, 1962 the City Planning Commission does hereby grant Petition M-251 by the Dennis Corporation, requesting approval to build a drive-in theatre on property located on the North side of Plymouth Road approximately 940 ft. North of Plymouth Road and approximately 1800 feet East of Merriman Road in the Southwest 1/4 of Section 26, and FURTHER RESOLVED that, having received favorable reports from the Wayne County Department of Health, the Fire Department, Traffic Commission and that having been advised by the Police Department that its investigation has been commenced and will be completed prior to the City Council's acting upon this matter, the City Planning Commission does hereby determine that the proposed drive-in theatre is at least 1,000 feet from any residentially zoned district and does hereby certify that such proposed use is not injurious to the surrounding neighborhood and not contrary to the spirit and purpose of the Zoning Ordinance provided that the following design requirements are met: (1) that a deceleration lane of such length and width as is acceptable to the State Highway Department be provided by the applicant; • (2) that a left turn lane be provided in front of the entrance with additional paving on either side of Plymouth Road if acceptable to the State Highway Department; (3) that the entrance be redesigned to store at least 150 autos, thereby preventing traffic from backing up on Plymouth Road during peak loads at the theatre; (4) that the proprietor shall have the option of providing either private police officers to facilitate the exiting of autos at the end of each show or of providing a dual traffic signals at the drive-in exit and at Milburn which can be actuated from the Ticket Booth if this arrangement is acceptable to the State Highway Department. 3516 • (5) that the proprietor shall arrange to discharge patrons at such times that it will not conflict with the movement of vehicles from the Ford Parts Depot at the end of any shift. In addition, the petitioner shall be required to comply with sub-section (j) of Ordinance 193 requiring two means of exits. If the City Attorney is of the opinion that in this case the entrance maybe counted as one such exit, the petitioner has cotoplied. Otherwise the petitioner will be required to obtain an additional exit to Merriman Road. Also, such other conditions as may be required by the Traffic Commission, 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: Milligan, Cameron, Greene, Angevine, Watson, Anderson, Kane, Okerstrom and Walker NAYS: None Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition M-254 by William Ponder for Nicholas George, requesting approval to erect a drive-in theatre on the northeast corner of Farmington and Plymouth Roads in the Southwest 1/4 of Section 27. Mr. Nicholas George was present along with Mr. William Ponder and Mr. Rod Kropf, his attorneys. Mr. McCullough informed the Commission that all letters of recommendation have been received other than the investigation by the Police Department. The petitioners have discussed the traffic question with the Traffic Commission of the City and also of the State Highway Department and they have agreed with all of their recommendations. Mr. McCullough stated that there were two properties within the 1,000 ft. from the proposed drive-in that were shown on the zoning map as being residential. It has been ascertained that these properities were at one time rezoned to industrial use but not changed on the zoning map. When they were rezoned it left a small strip of 300' x 300' still zoned residential. However, the Planning Commission does have the power to determine where the true line is. Due to the fact that there is presently a warehouse upon this property and that it is located within the industrial belt, it was felt that it was safe to assume that a mistake was made and this property is zoned industrial rather than residential. Mr. Kropf stated if there was any question about the property not being industrial, the petitioner was prepared to change the westerly line of the drive in further Irseast so that the 1,000 ft. distance between the drive-in and this property is main- tained. Mr. Milligan asked if there was only one entrance, on Farmington. It was determined that the existing private road at the rear of the property was to be used for an exit. The petitioner had acquired an interest in this road. 3517 Mr. Walker asked if the petitioner was planning on developing the entire area? Mr. George stated he was. The indoor theatre was to be on the property located on the 111 corner of Farmington and Plymouth with additional stores, plus a restaurant. The drive-in was to be located east of this area and quite a distance north of Plymouth Road. The petitioner agreed to submit the entire development plans to Sgt. Thorne of the Traffic Commission for his approval. Mr. Walker asked if there was anyone in the audience who wished to speak? There being none, Mr. W alker stated that this item would be taken under advisement until the next petition M-255 in conjunction with another drive-in in a different location by the same petitioner. Mr. McCullough: Petition M-255 by William Ponder for Nicholas George requesting approval to erect a drive-in theatre on property located on the north side of Plymouth Road approximately 660 feet West of Levan Road between Levan and Newburgh in the Southwest 1/4 of Section 29. All necessary recommendations have been received. Mr. McCullough stated the entrance of this drive-in was located on Plymouth Road with the cxit on Levan Road. IraMr. Kropf stated the reason for the Highway Commission to ask that the exit be on Levan Road is because of the difficult "Y" intersection at Ann Arbor Road and Plymouth Road. It was ascertained that the drive-in theatre will not let out cars on Levan Road at the same time as the Ford Motor Company would in conjunction with their night shift. Mr. Nicholas George, petitioner, informed the commission that he had sixty acres of property on this corner and it is planned to erect the Holiday Inn Motel with 100 units and swimming pool on the immediate corner of Levan and Plymouth Road. This is for the future. The petitioner stated he would abide by any recommendations made by the Traffic Commission and Highway Commission. Mr. Walker asked if there was anyone in the audience who wishes to speak? Mr. Greene asked Mr. George if he thought it was feasible to open up two theatres so close to each other and,in addition, so close to the one previously approved tonight? Mr. George felt that they could do a good business in both theatres. He stated the same pictures will not be shown at both of his theatres. Mr. McDowell, 8245 Flamingo, Garden City, objected to the drive-in theatre being as close as it is to the Newburgh Riverside Church of God. IrsMr. Jerry Scully, 36060 W. Chicago, Livonia, representing St. Mary's Hospital, stated that they objected to the proposed drive-i n two years ago and they are again opposed to the present one. They wish to state they do not object to drive-in theatres but object to this one being located where it is. Mr. Ted Doman, Industrial Development Consultant, stated that the Chamber of Commerce had just finished a survey on the industrial problem in Livonia. He felt that the 3518 the location of a drive-in theatre on this property is a mis-use of land.. He stated he felt that the site on Plymouth and Farmington Was an excellent choice for a drive- in and that the city of Livonia could only use one drive-in. He further stated that the survey will be available II: after July 5th. Mr. Walker asked Mr. Doman if it would be possible to receive copies of this surrey in order to discuss it at a study meetinge Mr. Doman stated he would see that a number of (.-spies were submitted. Mr. Floyd Mail, 36569 Amrhein Road objected to the proposed use. Mrs. Geraldine Dial, 33350 Florence, Garden City objected to the proposed drive-in. Mrs. H. Gladman, 11800 Newburgh Road, Livonia, objected to the proposed use. Mr. Greene informed those present that the Planning Commission cannot prohibit drive- ins in Livonia. This was decreed by the supreme court. There must be provision somewhere in Livonia for a drive-in. It is not the decision of the Planning Commission. He further stated there were not too many areas in Livonia where we can locate a drive-in outside of the industrial zone. The question was asked why did they all have to be on Plymouth Road? Mr. Walker stated this is because the industrial belt is between Plymouth and Schoolcraft and also because of the fact that the theatre would have to be at least 1,000 ft. from a residential zone. This, of course, limits it. Mr. Walker stated that Item #2 were be acted upon now. Upon a motion duly made by Mr. Kane, supported by Mr. Greene, it was #7-143-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 3, 1962 the City Planning Commission does hereby grant Petition M-254 by William Ponder for Nicholas George, requesting approval to build a drive-in theatre on property located on the Northeast corner of Plymouth and Farmington Roads in the Southwest 1/4 of Section 27, subject, however, to the following: (1) to the verification of 1,000 ft. from any residential zone; (2) subject to developing the land in accordance with the site plan; FURTHER RESOLVED, that having received favorable reports from the Wayne County Department of Health, Fire Department, Traffic Commission and having been advised by the Police Department that its investigation has been commenced and will be completed prior to the City Council's action upon this matter, the City Planning Commission does hereby determine that the proposed drive-in theatre is within 1,000 ft. of Parcel 4a the west 360 feet of which the Zoning Map indicates is zoned residential, but because an industrial warehouse has already been erected on part of this land and because the City Planning Commission is in possession of a letter from the owner indicating his belief that the entire parcel was in fact zoned industrial and because of its general location within the industrial belt, the City Planning Commission, acting pursuant to Section 3.06, does hereby determine that the map is incorrectly drawn and does hereby determine that the proposed drive-in theatre is at least 1,000 feet 1[40 from any residentially zoned district and does hereby certify that such proposed use is not injurious to the surrounding neighborhood and not contrary to the spirit and purpose of the Zoning Ordinance provided the following design requirements are met: (1) that a deceleration lane be provided with each 3519 entrance and an acceleration lane be provided with each exit; these lanes are to be of such length and width as are required by the State Highway Department and the Wayne County Road Commission; (2) that a left turn lane be provided in front of each • entrance with additional paving on either side of Plymouth and Farmington Roads if acceptable to the State Highway Department on Plymouth Road and if acceptable to the Wayne County Road Commission on Farmington Road; (3) that the combined entrances must be designed to store approximately 20% of the total seating capacity in order to prevent traffic from backing up on Plymouth Road and Farmington Road; (4) that the proprietor shall have the option of either providing additional traffic signals at either entrance to be actuated from the ticket booth or providing pdice cfficers to facilitate the exiting of autos at the end of each show; (5) also such other conditions as may be required by the Traffic Commission, 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. 110 A roll call vote on the foregoing resolution resulted in the following: AYES: Milligan, Cameron, Greene, Angevine, Watson, Anderson, Kane, Okerstrom and Walker NAYS: None Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. Greene suggested that Petition M-255 with relation to the drive-in proposed for Levan and Plymouth by the same petitioner, be taken under advisement until the survey by the Chamber of Commerce has been studied. Mr. Walker stated that Petition M-255 would be taken under advisement. Mr. McCullough: The next item is Petition M-253 by the Livonia Drive-In Theatre Company requesting approval to build a drive-in theatre on property located on the north side of Plymouth Road approximately 660 feet West of Levan Road between Levan and Newburgh in the Southwest 1/4 of Section 29. The petitioner has indicated that there is a possibility that this may be withdrawn prior to the meeting. Mr. McCullough informed those present that the petitioner has requested that this petition be withdrawn. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Kane and unanimously Ir. adopted, it was #7-144-62 RESOLVED that, the City Planning Commission does hereby give permission to the Livonia Drive-In Theatre Company to withdraw ' Petition M-253 requesting approval for a drive-in theatre on the north side of Plymouth Road, approximately 669 ft. West of Levan in the Southwest 1/4 of Section 29. 3520 IC Mr. Welker declared the motion is carried and the foregoing resolution is adopted. The Chairman called a recess at approximately 10:18 p.m. * * * * * * * * * * * * * Mr. Walker called the public hearing back to order at approximately 10:30 p.m. with all those present now who were present at the time recess was called with the exception of Mr. Leonard Kane who was excused for the balance of the meeting. Mr. McCullough: The next item on the agenda is Petition M-250 by Wah Yee Associates, Architect, requesting permission to erect a motel and cock-tail dining building on property located on the north side of Schoolcraft Road approximately 2,150 feet East of Middlebelt Road in the Southwest 1/4 of Section 24. Since the original application was filed, the petitioner has indicated he intends to erect the building within the right-of-way of proposed Harrison Avenue. To permit this requries a public hearing deleting Harrison Avenue from the Master Thoroughfare Plan, consequently, the most that can be done with regard to the approval of the motel is simply hold the tublic hearing. No action for approval will be taken as long as the proposed building stays within the right-of-way of Harrison Avenue. Mr. McCullough stated the petitioner has filed the necessary consent from the adjoining property owners. 1140 Mr. H. Gordon, Mr. L. Begin, Mr. William Ponder, Attorney and Mr. Wah Yee were present. It was determined this was to be a 32 unit motel, with a cocktail lounge and a dining room. Mr. Gordon stated they had abandoned the idea of building within the right- of-way of Harrison Avenue. There were 70 parking spaces shown on the plot plan. t was felt that the petitioner was short 30 parking spaces as required by the ordinance. It was also determined that the side yard requirements were deficient . The petitioner would have to appeal to the Zoning Board of Appeals for a variance on both matters. Mr. Gordon stated it was his belief that they do not have to appear before the commission tor approval of the cocktail lounge and the dining room, that it is a permitted use in the C-2 zone. Because of this he would like to request that he be permitted to amend his petition to request approval for the motel only. He felt there was sufficient parking spaces for the proposed motel. Mr. Gord.u .was asked what was intended to do with Harrison Avenue? Mr. Gordon stated that Harris,•n is a street in one of their approved plats. It will be put in when the subdivision is built. Mr. Anderson did not like the idea of approving anything when it is known it will to to the Zoning Board of Appeals. Mr. Angevine asked Mr. Gordon if they couldn't build the restaurant, would they rostill be interested in the motel? Mr. Gordon stated that they could reduce the size of the restaurant if necessary in order to conform to the requirements. Mr. Milligan felt that another petition should be filed for just the motel, showing the required parking spaces, etc. 3521 I: Mr. Ponder suggested that they be allowed to eliminate the cocktail lounge and dining room from the petition and have action taken tonight. Mr. McCullough stated this could be done subject, however, to the petitioner• sub- mitting a site plan showing the motel and parking on the amended petition. Mr. Walker asked if there was anyone in the audience who wished to speak? Upon a motion duly made by Mr. Milligan, supported by Mr. Watson, it was #7-145-62 RESOLVED that, the City Planning Commission does hereby give permission to the petitioner of Petition M-250 to amend his petition so that he is requesting approval for the motel only, and eliminate the cocktail-dining building from said petition, subject, however, to the condition that he supply the City Planner with drawings designating the motel and the required parking spaces for the operation of the motel. A roll call vote on the foregoing resolution resulted in the following: AYES: Milligan, Cameron, Greene, Angevine, Watson, Anderson, Okerstrom and Walker NAYS: None Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Angevine, supported by Mr. An.:erson and unanimously adopted, it was #7-146-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 3, 1962 the City Planning Commission does hereby grant Petition M-250, as amended, by Resolution #7-145-62, for approval of a motel to be located on the north side of Schoolcraft Road approximately 2,150 feet east of Middibelt Road in the Southwest 1/4 of Section 24, subject, however, to the following: (1) that the ingress and egress be approved by the Traffic Commission; 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 declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition M-249 by Richard E. Etchason requesting approval for an open-air sales (nursery stock) on property located on the East side of Middlebelt Road, approximately 200 feet south of Eight Mile Road in the Northwest 1/4 of Section 1. Mr. McCullough stated that he has asked the petitioner to submit revised drawings designating where the parking will be and where the nursery stock will be stored. Mr. Walker asked if there was anyone in the audience who wished to speak? The Chairman c:eclared the item would be taken under advisement until the revised maps are submitted. 352 Mr. McCullough: The next item on the agenda is Petition Z-564 by the City Planning Commission to determine whether or not to rezone property located south of Six Mile Road between Levan and Newburgh Roads in the Northwest 1/4 of Section 17 from RM to RLA. Mr. McCullough explained the area to the commission and the audience. At the present time the zoning in the area consists of two kinds of residential zoning bisected by a drain which was thought at one time could not be covered. The present City Engineer has stated that this drain can be covered. Mr. Walker asked if there was anyone in the audience who wished to speak? Mr. John Schroder, 37191 Six Mile Road, Livonia, objected to the rezoning. He felt it should remain as it is. Upon a motion duly made by Mr. Milligan, supported by Mr. Angevine and unanimously adopted, it was #7-147-62 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-564 as submitted by the City Planning Commission for a change of zoning in the Northwest 1/4 of Section 17 from RM to RLA, the City Planning Commission does hereby recommend to the City Council that Petition Z-564 be granted for the following reasons: (1) this land was originally zoned with the boundary running along the storm drain on the advice that it was a permanently open ditch. The present City Engineer indicates that it will be covered and it is preferable to have the boundary run at right angles to the section lines; (2) the land to the east and northeast and part of the land to the south has been platted into 80 and 90 foot lots. Therefore, this proposal would bring it into conformity, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of June 13, 1962 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition Z-563 by the City Planning Commission to determine whether or not to rezone property located north side of Five Mile Road between Coventry Gardens Subdivision and the Idyl Wlyd Colf Course in the Southwest 1/4 of Section 16 from RM to RLA. Mr. Walker asked if there was anyone in the audience who vished to speak? Ire Upon a motion duly made by Mr. Milligan, supported by Mr. Angevine, it was #7-148-62 RESOLVED, pursuant to a Public Hearing having been held on Petition Z-563 by the City Planning Commission for a change of zoning in the Southwest 1/4 of Section 16 from RM to RLA, the City Planning Commission does hereby recommend to the City Council 3523 that Petition Z-563 be approved for the reason that land on either side is platted into lots of at least 80 feet in width, 1[40 and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of June 13, 1962 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Milligan, Cameron, Greene, Angevine, Watson, Anderson, Okerstrom and Walker NAYS: None Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition Z-562 by the City Planning Commission to determine whether or not to rezone property located between Hubbard and Loveland and north of Myrna in the Southwest 1/4 of Section 15 from R-1B to RUFA. This petition was initiated in order that this property will conform with the surrounding area. Mr. Walker asked if there was anyone in the audience who wished to speak? An interested person in the audience could not understand the reason for the rezoning. He had just purchased some property in this area and wanted to know what this meant in relation to his property. Mr. McCullough. stated he would explain this more fully to this gentleman if he would come to the Planning Commission office the next day. Mr. Walker stated this item would be taken under advisement until the next meeting. Mr. McCullough: The next item on the agenda is Petition Z-561 by the City Planning Commission, pursuant to the City Council's resolution to determine whether or not to rezone property located on the south side of Plymouth Road and the west side of Middlebelt Road in the northeast 1/4 of Section 35 from M-1 to C-2. Mr. McCullough explained that the Wonderland Center wanted to add other buildings to the center but because it was zoned M-1, and not C-2, which made this area non= conforming, they could not do so. This is reason for rezoning to C-2. Mr. Walker asked if there was anyone in the audience who wished to speak? After a brief discussion, it was decided to take this under advisement also. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Angevine, it was 1[40 #7-149-62 RESOLVED that, the City Planning Commission does hereby adjourn the public hearing held on Tuesday, July 3, 1962 at approximately 11:25 p.m. A roll call vote on the foregoing resolution resulted in the following: 3524 1[40 AYES: Milligan, Cameron, Greene, Angevine, Watson, Anderson, Okerstrom and Walker NAYS: None Mr. Walker declared the motion is carried and the public hearing is hereby adjourned. * * * * * * * * * Mr. Walker called the 14dth Special Meeting to order at approximately 11:26 p.m. Mr. McCullough: The next item on the agenda is Petition Z-557 by Max Weingarden who is requesting the rezoning of property located on the northeast corner of Louise and Joy Road in the Southeast 1/4 of Section 35 from RUFB to P-1 and PS. Public Hearing 6/19/62, item taken under advisement until site plan is submitted. Mr. Weingarden submitted alternate plans for the proposed medical building. Plot Plan "A", with entrance off of Louise; Plot Plan "B" with entrance off of Joy Road. Mr. Anderson stated he would be in favor of "A". Upon a motion duly made by Mr. Watson, supported by Mr. Angevine, it was #7-150-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 19, 1962 on Petition Z-557 as submitted by Max 1: Weingarden for a change of zoning in the Southeast 1/4 of Section 35 from RUFB to P-1 and PS, the City Planning Commission does hereby recommend to the City Council that Petition Z-557, •:s. amended by Resolution #6-124-62 adopted on June 19, 1962, be granted for the following reasons: (1) a commercial use exists on the west side of Louise opposite these lots; FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of May 30, 1962 and notice of which hearing was sent to The Detroit Edison Co. , Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Angevine, Watson, Anderson, Okerstrom and Walker NAYS: Milligan and Cameron Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is the final approval for Bretton Gardens #2 located in the Southeast 1/4 of Section 2. 1E: Upon a motion duly made by Mr. Milligan, supported by Mr. Angevine and unanimously adopted, it was #7- 151-62 RESOLVED that, final plat of the Bretton Gardens #2 Subdivision located in the Southeast 1/4 of Section 2 be given final approval subject, however, to the following: 3525 (1) that the developer record deed restrictions prohibiting the erection of detached garages on any lot having any length dimension 1[11 of less than 110 feet; (2) that the developer provide any additional bonds as may be required by the Director of Public Works; and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission on September 19, 1961; and it further appearing that -.aid proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of December 28, 1961; and it further appearing that a Lash bond in the amount of $6,500.00 to cover the installation of improvements has been filed in the office of the City Clerk under date of June 29, 1962, pursuant to Res. #16-62, adopted by the City Council on January 8, 1962 and as amended by Res. #470-62 adopted by the City Council on June 20, 1962; such bond having been approved by the City Attorney on July 3, 1962 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. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition Z-522 by the City Planning Commission to determine whether or not to amend Section 4.45 of Article 4.00 to require a protective wall between P-1, PS and M-1 and the Residential. Public Hearing 9/19/61, item taken under advise- ment. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Angevine and unanimously adopted, it was #7-152-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, September 19, 1961 on Petition Z-522 as submitted by the City Planning Commission on their own motion, to determine whether or not to require a protective wall between P-1, PS and M-1 and the Residential, the City Planning Commission does hereby recommend to the City Council that Petition Z-522 be granted for the following reason : (a) some type of physical barrier is necessary to protect adjacent residential uses and as of this date the wall is the only type which has proved to be satisfactory; FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 30, 1961 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. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition Z-523 by the City Planning Commission to determine whether or not to amend Section 13.07 of Article 13.00 in relation to requiring a protective barrier between parking area and residential. Public Hearing 9/19/61, item taken under Advisement. • 3526 After a brief discussion, Mr. Walker declared that this item would be taken under Ireadvisement. Upon a motion duly made by Mr. Watson, supported by Mr. Cameron and unanimously adopted, it was #7-152-62 RESOLVED that, the City Planning Commission does hereby approve the minutes for the meetings held on Tuesday, June 5, and June 12, 1962 except for that member who was absent, he abstain from voting. Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. Cameron asked that Item #10 on the public hearing, Petition Z-561, and which was taken under advisement at the public hearing, be brought back for action. He did not feel there was sufficient reason for holding it up. After a brief discussion, Mr. Walker asked for a motion. Upon a motion duly made by Mr. Cameron, supported by Mr. Anderson and unanimously adopted, it was #7-153-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 3, 1962 on Petition Z-561 as submitted by the City Planning Commission, pursuant to the City Council, for a change of zoning in the Northeast 1/4 of Section 35 from M-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition Z-561 be granted for the reason that Wonderland Shopping Center is now zoned M-1 and is thereby prevented from erecting additional stores until the zoning is changed, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of June 13, 1962 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. Walker declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Watson, supported by Mr. Anderson and unanimously adopted, the City Planning Commission does hereby adjourn the 14dth Special Meeting held on Tuesday, July 3, 1962 at approximately 11:50 p.m. CITY PLANNING COMMISSION f1V W. E. Okerstrom, Secretary ATTEST, Charl-s W. Walker, Chairman