Loading...
HomeMy WebLinkAboutPLANNING MINUTES 1962-07-17 . 3527 MINUTES OF THE 141ST REGULAR MEETING OF THE CITY PLANNING COMMISSION OF ILTHE CITY OF LIVONIA On Tuesday, July 17, 1962 the City Planning Commission of the City of Livonia held the 141st Regular Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Charles W. Walker, Chairman, called the Regular Meeting to order at approximately 8:15 p.m. Members present: Robert L. Greene, James Cameron, W. E. Okerstrom, Edward Milligan and Mr. Charles W. Walker Members absent : Dennis Anderson, Leonard K. Kane, Robert L. Angevine and James Watson, Jr. Mr. David R. McCullough, City Planner and Mr. Charles Forrest, Assistant City Attorney were present along with apptoximately 100 interested persons in the audience. Mr. McCullough: The first item on the agenda is Petition M-255 by William Ponder for Nicholas George requesting permission 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. Public Hearing 7/3/62, item taken under advisement. Mr. Walker cautioned the audience that this was not a public hearing, only a regular meeting. If at all possible, it would be best to have a spokesman for each group • of people rather than have everyone speak. He asked that if possible not to be repetitious of what was said at the public hearing. Mr. McCullough stated Mr. T. Doman was present to discuss the survey that was made by the Chamber of Commerce with relation to industrial property. He asked Mr. Doman if he had evidence of a large industrial concern wanting this particular site in the petition before the commission? Mr. Doman stated they did not, but they have been negotiating with people who are interested in a truck repair and truck terminal for this area. At the present time it is not known where it will be located, but he felt that this site was a good one for it. Mr. McCullough asked what was the maximum amount an industrial concern will pay for land in Livonia or elsewhere? Mr. Doman answered that $10,000 to $14,000 an acres is not an out of the way price for industrial property especially if it is located next to the railroad. If it is not near the railroad, the price would be between $5,000 to $7,000 an acre, depending upon where it is located within the city. What is more important than the price per acre is what it will yield in taxes. This should be considered before the Planning Commission decides on this particular item. He further stated that once a drive-in goes in, the price gets out of hand compared with vacant land in other communities. Mr. Walker requested Mr. Greene to read from the survey a paragraph with relationto the yield in taxes from commercial and industrial properties for the benefit of Ethose present. Mr. Walker declared that the Commission will now go to the floor. He asked if there was anyone who wished to speak? Mr. Jerry Scully, representing the Country Homes Subdivision, stated their primary reasons for objecting to the petition are the value of their homes and the safety of liar: _ -- —-r 352d their children. It was felt that there would be a traffic hazard in the Subdivision I[: due to the theatre. He stated he had a letter from an attorney, namely Anthony Leon, which stated that the Planning Commission members would be liable for damages if they approved this drive-in. Mr. Walker stated that the members of the commission had read the letter and that the City Attorney had a copy also. Mr. McDowell, 8245 Planing, Garden City representing the Riverside Church of God, stated their reasons for objecting to the proposed use. Mr. E. Edgar, representing the Felecian Sisters, stated their reasons for objecting to the proposed drive-in on this particular site. It was c`r)t that Levan Road north of Schoolcraft was in no condition to take care of the traffic from the drive-in. It was also felt that this same traffic would be dangerous to anyone having to be rushed to the hospital during the time when the theatre would be let out because Levan Road was the direct route to the hospital. Mr. Cameron stated that he thought there was to have been a meeting in order to discuss the survey. He wondered what happened? Mr. Doman explained that the surveys weren't published in time. Everynember will get a copy when they have been published. He stated there were enough copies available now to hold a meeting. Mr. McCullough asked if there was anything more in the survey which would help them than what Mr. Doman has already related? Mr. Doman stated nothing that had any bearing on the drive-in theatres with the exception of the paragraph that Mr. Greene read. Mr. Milligan asked Mr. Doman if they had received any definite opinion from the industrial plant to the east of the proposed drive-in as to their feelings? Mr. Milligan stated that Mr. Doman had indicated that a drive-en theatre on this particular site would be a misuse of industrial land and also that a drive-in theatre may make adjacent land lessdesirable. Has the Ford Motor Company indicated their feelings? Mr. Doman answered that they had not approached this company at this time but they had intended to obtain their opinion. He stated he was not against drive-in theatres but he did feel that three drive-inssaere unreasonable. Mr. Milligan stated he would like to have this meeting with Mr. Doman in order to discuss the survey. He felt that the Planning Commission has an obligation to the existing industrial plant. Perhaps there will be no problems because they have their own plant protection men and traffic control but he would like a verification on this. In lieu of this, he would like to suggest that this be tabled and have the meeting with Mr. Doman. Mr. Okerstrom felt that a decision should be made tonight, one way or the other. 1[40 Mr. Greene stated that tonight was the first time he saw the survey and felt that everyone should get a chance to read it. He also wondered if it would be legal to establish an admission tax on drive-ins so that the tax yield would be comparable to industrial plants. Mr. Doman stated that some cities have an admissions tax and that it was legal. 3529 - Mr. Greene felt that this should be explored because it effects the tax rate from the land. Mr. Okerstrom stated at the hearing for the drive-in theatre held in 1958, a letter from the Ford Motor Company had been received 'and they were against the drive-in at that time. It would be the same reason now. Mr. Walker stated that at the time of the other hearing, Levan Road was not paved and this was the main objection from the Ford Motor Company. This reason is not valid now since Levan has since been paved. Mr. Milligan asked Mr. Doman why he felt that the site at Farmington and Plymouth Roads was better for a drive-in compared to the other? Mr. Doman stated that while the site on Farmington and Plymouth is zoned industrial, it is basically established commercially. The two plants located on the west side of Farmington aren't manufacturing plants, they are what iA called "service industries". Mr. Walker asked Mr. George what he paid in taxes for the other drive-ins he has in other communities? Mr. George stated that in Southgate he has thirty acres and he pays a tax of $5,000. This is a Wayne County valuation. Mr. Kropf stated that drive-ins were considered a commercial enterprise thr.zughout Wayne County. Mr. William Caunt, from the Traffic Commission, stated they had received no request for a recommendation as to the ingress and egress on these drive-in theatres. Mr. McCullough stated that all plans were present to Sgt. Thorne of the Traffic Commission five to six weeks prior to the public hearing. An interested person in the audience asked if the Commission has considered the effect of this type of business when the north/south expressway goes through? Mr. Walker stated that at the present time no one knows . - where the north/south expressway will go through. Upon a motion duly made by Mr. Milligan, it was #7-154-62 RESOLVED that, the City Planning Commission does hereby table action on Petition M-255 by William Ponder for Nicholas George requesting permission to erect a drive-in theatre on property located on the north side of Plymouth Road approximately 660 ft. West of Levan Road between Levan and Newburgh in the Southwest 1/4 of Section 29 until the Planning Commission has had an opportunity to: (1) read the report and survey that has been prepared under the direction of the Livonia Chamber of Commerce in industrial development in Livonia; and 110 (2) having read this report, that the Planning Commission hold a meeting with Mr. Doman so that they can question him on particular points; (3) have the City Planner get in contact with the Ford Motor Company representative and either have the representative at the meeting with the Commission or have him express their opinion in a letter; (4) obtain a report from the Traffic Commission; • 3530 (5) have the reports of the survey available before the meeting to be scheduled to that action can be taken on July 31st, 1962. Mr. Kropf stated they would prefer to have a decision tonight one way or the other rather than tabling the item. Mr. Greene stated that the petitioner had two petitions for drive-in theatres. He asked if it was the intent of the petitioner to build two. Mr. Kropf stated it was. Mr. Milligan stated that he did not feel that he had all the information he would like to have in order to make a decision either for or against the petition. Mr. James Cameron supported Mr. Milligan's motion - Res. #7-154-62. A roll call vote on Res. #7-154-62 resulted in the following: AYES: Milligan, Cameron, Greene, and Okerstrom NAYS: Walker Mr. Walker declared the motion is carried and the foregoing resolution is adopted. The Chairman called a recess at approximately 9:15 p.m. * * * * * * * * * Mr. Walker called the 141st Regular Meeting back to order at approximately 9:25 p.m. with all those present now who were present at the time recess was called. 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 Sectinn 1. Public Hearing 7/3/62, item taken under advisement. Mr. H. Kiel and Mr. Etchson were present. There was a brief discussion pertaining to the necessary parking for the proposed use. It was suggested to the owner of the property, Mr. H. Kiel, to obtain an easement off of Eight Mile Road which could be used as an egress from the open air sales. This would prevent any cars from parking on the right of way of Middlebelt Road which is going to be widened next year. Mr. Kiel stated he was positive that he could obtain the right or easement from the owner of the property fronting on Eight Mile Road, for this additional egress. It was also suggested that signs be erected for the patrons of the nursery open air sales. Upon a motion duly made by Mr. Cameron, supported by Mr. Greene, it was lw, #7-155-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 3, 1962 on Petition M-249 by Richard E. Etchson 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, subject, however, to the following: • 3531 (1) that the applicant erect a chain link fence and curbing not closer than 135 feet from the center line of Middlebelt Road to accomodate parking movements from those•spaces•shown on the drawing; (2) that additional curbing be erected along the north side of the "sales area" to permit additional parking at that location; (3) that signs be erected calling for perpendicular parking and prohibiting parallel parking; (4) that curb cuts be approved by the Police Traffic Officer; and (5) that the Planning Commission suggeststhat due to the congestion already existing at this location the the owner provide a suitable road from Eight Mile Road to the location of this outdoor sales area, 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, 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. Okerstrom, supported by Mr. Milligan and unanimously adopted, it was #7-156-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 3, 1962 on Petition Z-562 as submitted by the City Planning Commission for a change of zoning in the Southwest 1/4 of Section 15 from R-1B to RUFA, the City Planning Commission does hereby recommend to the City Council that Petition Z-562 be granted for the reason that the existing zoning would technically permit the splitting of these parcels into 60 x 120 foot lots. This consequence is inconsistent with the calibre of existing parcels and houses in the surrounding area, 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 Tie 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. Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Milligan, supported by Mr. Cameron and unanimously adopted, it was #7-157-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, September 19, 1961 on Petition Z-523 as submitted 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, the City Planning Commission does hereby recommend to the City Council that Petition Z-523 be granted for the reason that under the proposed amendment a wall would be required between areas zoned parking and those zoned residential regardless of whether the residential areas have been 3532 developed; this obligation devolves upon the owner of the parking area; and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of August 28, 1961 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 petitinner 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 a motion by the City Planning Commission to hold a public hearing to determine whether or not to rezone all of the RUFB zoning district in the north halves of Sections 27 and 28 to M-1 except the north 300 ft. thereof. After a brief discussion it was determined that two motions would be made, one for each section and that one public hearing will be held at a time. It was suggested that Section 28 have the first public hearing. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Cameron and unanimously adopted, it was #7-158-62 RESOLVED that, the City Planning Commission, pursuant to Section 20.01 of the Zoning Ordinance No.60 of the City of Livonia, does hereby establish and order that a public hearing be held to determine whether or not to rezone the following: All of the RUFB (Rural Urban Farms) zoning district in the north half of Section 28, excep6 the north 300 ft. thereof, from RUFB (Rural Urban Farms) to M-1 (Light Industrial). All of this property is located south of Schoolcraft Road between Farmington Road and Wayne Road (if cut through). FURTHER RESOLVED, that a hearing be held and notice be given as provided in Section 20.01 of the Zoning Ordinance, Ordinance No. 60 of the City of Livonia and that there shall be a report submitted and recommendation thereon to the City Council Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Cameron and unanimously adopted, it was #7-159-62 RESOLVED that, the City Planning Commission, pursuant to Section 20.01 of the Zoning Ordinance No. 60 of the City of Livonia, does hereby establish and order that a public hearing be held to determine whether or not to rezone the following: All of the RUFB (Rural Urban Farms) zoning district in the north half of Section 27, except the north 300 ft. thereof, from RUFB (Rural Urban Farms) to M-1 (Light Industrial). All of this property is located south of Schoolcraft Road between Merriman and 3533 and Farmington Roads. 1[40 FURTHER RESOLVED, that a hearing be held and notice be given as provided in Section 20.01 of the Zoning Ordinance, Ordinance No. 60 of the City of Livonia and that there shall be a report submitted and recommendation thereon to the City Council. . Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr, Okerstrom, supported by Mr. Cameron and unanimously • adopted, it was #7-160-62 RESOLVED that, the City Planning Commission does hereby approve the minutes for the meetings held on Tuesday, June 19th and June 26th, 1962 except for that person who was not present, he abstain from voting. Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item is Application TA-91 by A. K. Miller, which is the previous Application TA-90 by Waterland Earth Movers and Roberts Company. TA-90 was given approval to remove topsoil from property located on the north side of Six Mile Road between Farmington and Newburgh. Since the approval was given, the previous petitioner has been unable to obtain a bond and the removal operations have been taken over by A. K. Miller. Because of the change in applicants, a new application number has been registered for the removal of this topsoil. Mr. Miller is asking that the resolution approving Application TA-90 be amended so that the date for obtaining the necessary bond begin July 20, 1962. Upon a motion duly made by Mr. Greene, supported by Mr. Milligan and unanimously adopted, it was #7-161-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, May 8, 1962 on Application TA-90 and subsequently approved on said date, the City Planning Commission does hereby amend said resolution so that the date of obtaining the bond begins on July 20, 1962 and in addition that hereafter said application will be known as Application TA-91 with all conditions prevailing in the approval of TA-90, for the reason that the name of the applicant is now A. K. Miller; said conditions being listed as follows: (a) that the applicant shall not at any time allow water to collect on the subject property or on adjoining property and at all times shall maintain adequate drainage; (b) that the applicant shall 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 110 from which topsoil has been removed with some seed acceptable to the Department of Parks & Recreation unless at the time the applicant petitions for the release of the topsoil bond that the Planning Commission relieves the petitioner of this obligation, and FURTHER RESOLVED, that the applicant depoist with the City Clerk, a corporate surety bond at $500.00 per acre for 90 acres, ($45,000.00) 3534 1[1: which bond shall be for at least a one-year period, and THAT, the period for which the permit herein, authorized shall be for a period of one year or period not to exceed the expiration date of the bond as required therein, whichever is the shorter period, and THAT, the applicant shall apply for and obtain the permit herein authorized with Phirty (30) days from the date specified in this resolution, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 feet, petitioner, City Departments as listed in the Proof of Service and recommendations having been obtained from the Department of Public Works under date of May 8, 1962 and from the Police Department under date of May 7, 1962. Mr. Walker declared the motion is carried and the foregoing resolution is adopted. There was a brief discussion among the commission members, several interested persons in the proposed Burton Hollows Annex Subdivision to be located in the Southwest 1/4 of Section 10 and Mr. D. Meinzinger, representing the developer . for said subdivision, during which it was determined that a study meeting would be held on Tuesday, July 24, 1962 in the Engineetiaig Building located at 13225 Farmington Road to discuss the proposed subdivision in length. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Greene and unanimously adopted, the City Planning Commission does hereby adjourn the 141st Regular Meeting held on Tuesday, July 17, 1962 at approximately 10:15 p.m. CITY PLANNING COMMISSION 60/ 211p/ 467 , - ATTESTED: W. E. Okerstrom, Secretary „Lac, 4�� Wr Char s W. Walker, Chairman