HomeMy WebLinkAboutPLANNING MINUTES 1962-10-02 SPECIAL MEETING .
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MINUTES OF A PUBLIC HEARING AND THE
151ST SPECIAL MEETING :OF THE CITY PLANNING
COMMISSION OF THE CITY OF LIVONIA
On Tuesday, October 2, 1962 the City Planning Commission of the City of Livonia held
a public hearing and the 151st Special Meeting at the Livonia City Hall, 33001 Five
Mile Road, Livonia, Michigan.
Members present: Donald Schubeck, James Cameron, W. E. Okerstrom, Milton
Ingold, Edward Milligan, James Watson, Jr. ,Robert L.
Angevine, Dennis Anderson and Charles W. Walker
Members absent : None
Mr. David R. McCullough, City Planner and Mr. Charles Forrest, Assistant City Attorney
were present along with approximately 200 interested persons in the audience.
Mr. Walker asked a show of hands of those people in the audience who were present for
Item #2 on the agenda for the 151st Special Meeting. There were approximately 50
interested persons in the audience. Mr. Walker suggested that the Planning Commission
depart from the usual order of the agenda in order to consider Petition M-254 because
of the number of people waiting to have this item heard. He called the 151st Special
Meeting to order at approximately 9:35 p.m.
ilL Mr. McCullough: The first item on the agenda is Petition M-254 by William
Ponder for Nicholas George requesting permission to erect a drive-in
theatre on property located on the north side of Plymouth Road and East
of Farmington Road in the Southwest 1/4 of Section 27. This petition
has been referred back to the Planning Commission by the City Council
under Resolution #691-62 for determination of whether or not the most
recent drawing submitted shows compliance to the 1,000 ft. from the
nearest residential district.
Mr. William Ponder, Mr. Rodney C. Kropf and Mr. Nicholas George were present.
Mr. Walker informed those present that he has spoken to Mr. Donald Pringle, President
of the Rosedale Gardens Civic Association and Mr. Pringle has agreed to speak for
his subdivision. He stated it was their opinion that the 1,000 ft. should be measured
from the property' line and not from the screen itself. For this reason, Mr. Walker
stated, he had asked the Department of Law for an opinion on this point. He then
asked Mr. Forrest to read the opinion to the audience. Mr. Forrest did so. The
following is Can excerpt from the letter:
"In the case under consideration, it is the opinion of this office
that the Planning Commission shall only determine whether a drive-
in theatre may be erected on the site in question. The Commission
does not have the power to specify the exact nature and/or location of
c:_ every feature of the use. The plans and surveys which are reviewed
'in determining whether the use should be approved or disapproved are
rir not to be deemed-as final and binding plans of how the land shall be
ultimately used. They must, of necessity, be preliminary in nature
and serve an advisory purpose. Accordingly, minor alterations in
those plans do not serve to make the petition a new one which must be
processed from the beginning. We must, therefore, express the opinion
that minor changes in the placement of the drive=in screen are not such
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as to classify the matter as a new petition."
Mr. Walker stated he had been at the meeting of the City Council when they adopted
the resolution to send this petition back to the City Planning Commission. He stated
it had been referred back to the Commission for verification of the 1,000 ft.
standard. At that time he requested the City Engineer to amke a survey and have it
certified in order that it could be forwarded to the City Council. To date the
Planning Commission has not received this certification from the City Engineer.
Mr. Milligan stated after hearing the opinion of the Law Department he was a little
bit confused as to exactly what action the Commission should take. The Planning
Commission gave approval to the drive-in subject to the verification of the 1,000 ft.
standard and also subject to the petitioner developing the land in accordance with the
site plan. He felt that the certification of this should be obtained from the
Engineering Department or the Department of Law since the Planning Commission's approval
has been forwarded. He did not know what further action the Planning Commission could
take.
Mr. Walker stated it was his opinion that the City Council felt under Section 17.04
of the Zoning Ordinance this information should have been furnished at the time the
petition was forwarded to them and this is the reason it was referred back to the
Planning Commission. It was also his opinion that if the Planning Commission should
forward this to the Council without the certification they will only send it back again
to the Planning Commission.
IL: Mr. Milligan felt that the action the Planning Commission should take is to direct the
applicant to supply a certification, or make arrangements to have them furnish the
City Council with the certification.
Mr. Walker felt this would satisfy the City Council.
Mr. Ponder stated they had the plans with them tonight and if it is necessary, they
will see to it that their engineers certify them as to the 1,000 ft. standard. Their
engineers were Bennett and Straight, Inc. , registered engineers, architects and
surveyors.
Mr. Walker asked if a member of each side wished to speak at this time?
Mr. William S. Munger, Attorney, stated he would speak for Mr. Donald Pringle, President
of the Rosedale Gardens Civic Association. He stated the plot plan submitted tonight
by the petitioner is not the same plot plan approved by the City Planning Commission
at the time approval was granted. Mr. Munger presented copies of a plot plan which
indicated that the drive-in would not be 1,000 ft. from a residential district.
Mr. McCullough asked Mr. Munger if this was a copy of the plot plan submitted by the
petitioner. Mr. Munger stated it wasn't. This plot plan had- been drawn at their
request by McNeely & Lincoln, Inc. , Civil Engineers. He further stated that he had
to disagree with the opinion of the Law Department that the driveway is considered
an accessory use for the reason that the drive-in could not be used without the drive-
way. He felt that the ticket booth was within the 1,000 ft. standard and because of
this, the Planning Commission had no alternative but to deny this petition in its
IL present form.
Mr. Milligan asked Mr. Forrest if a new petition was required since the plot plan
submitted at the time the petition was granted has been changgd? Mr. Forrest stated
the Planning Commission could only have a new petition if the applicant submitted a
new petition. He stated the Commission is acting only on what the City Council
requested. The new plot plan is only for your information. It has nothing to do with
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the approval.
Mr. Anderson felt that the only question seems to be the 1,000 ft. standard. The
burden of proof is on the petitioners. He should present the proof that the drive-in
is 1,000 ft. from a residential area.
Mr. Okerstrom concurred with Mr. Anderson.
Mr. Kropf suggested that the certification be made by the City Engineer,or the City
Attorney as to the 1,000 ft. standard. He also felt that the Planning Commission
-hgs the jurisdiction to determine whether or not certain property can be used for
a particular use. As for the requirements and standards under certain uses, it is
up to the Bureau of Inspection to see to it that they are met. He further stated that
they would furnish the certifications from their engineers as to the 1,000 ft.
Mr. Walker informed those present that this item would be taken under advisement until
such time as phe proof is forwarded to the Planning Commission by the City Engineer.
He announced that the Planning Commission will be glad to inform Mr. Munger as to the
date of the meeting when this item will again be heard.
Several persons in the audience requested that action be taken tonight.to deny:.ther
petition. Mr. Walker stated that the reason this petition- was again before the Commission
was to verify the 1,000 ft. standard not to reverse the original decision made by the
Commission. _
IL:
Upon a motion duly made .by Mr. Milligan, supported by Mr. Cameron, and unanimously
adopted, the City Planning Commission does hereby adjourn the 151st Special Meeting
at approximately 10:15 p.m.. in order to call the public hearing-to order.
Mr. Walker called the PLblic Hearing to order at approximately 10:16 p.m. with all those
present now who were present at the time the Special Meeting was adjourned.
Mr. McCullough: The next item on the agenda is -Petition M-262 by Lenville
Sexton, for the Parkview Baptist Church who is seeking approval to erect
a church on property located on the West side of Stark Road between
Pinetree and Edward Hines Drive in the Southwest 1/4 of Section 33.
Mr. Lenville Sexton was present.
He stated that the church would seat approximately 500 people when it is completed.
The first unit would seat approximarely 150 to 160 people. The building would be of
brick. The set back would be 100 ft. and the plans call for a circular drive. There
will be landscaping on the front and on the north if necessary.
Mr. Walker asked if there was anyone in the audience who wished to speak?
Mr. Charles Thelen, 9375 Stark Road, stated he lived directly north of the proposed
church. He wished to state his objection to the use.
It was determined that Mr. Thelen's house was quite close to the lot line of the
church_ property.
After a brief discussion it was determined that the parking facilities were adequate
at the present time but if it is expected to have 500 people in the congregation,
there wouldn't be sufficient property for the necessary parking. It was suggested
that possibly a new location could be found for this church. Mr. Thelen suggested
a larger parcel on the east side of Stark road immediately across from the present
location.
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Mr. Walker stated this item would be taken under advisement in order that the petitioner
could look into matter of acquiring another location.
Upon a motion duly made by Mr. Watson, supported by Mr. Milligan, it was
410-187-62 RESOLVED that, the City Planning Commission does hereby adjourn
the Public Hearing held on Tuesday, October 2, 1962 at approximately
10:25 p.m.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Ingold, Schubeck, Milligan, Angevine, Watson, Anderson, Cameron
Okerstrom and Walker
NAYS: None
Mr. Walker declared the motion is carried and the foregoing resolution is adopted.
* * * * *
Mr. Walker called the 151st Special Meeting back to order at approximately 10:27 p.m.
with all those present now who were present at the time the public hearing wasiad3ourned.
Mr. McCullough: The next item on the agenda is .B,Aetter dated September 11,
1962 requesting a bond release in connection with TA-37, TA-45 and TA-62
for the Raney Brothers. This is in relation to the removal of topsoil
from the Northeast 1/4 of Section 19 (Castle Gardens Subdivision).
Mr. Walker asked if a letter had been received from the Engineering Department
recommending that this bond be released. Mr. McCullough stated none had been received.
It was determined to take this item under adviement until said recommendation is
received.
Mr. McCullough: The next item on the agenda is a letter dated September 24,
1962 from Burt Homes, Inc. , requesting a year's extension on the preliminary
approval for the Meri-Lynn Farms Subdivision, Units 6 through 9 inclusive.
This subdivision is located west of Merriman Road and North of Schoolcraft
in the Southeast 1/4 of Section 22.
Upon a motion duly made by Mr. Milligan, supported by Mr. Angevine, it was
#10-188-62 RESOLVED that, pursuant to the 151st Special Meeting held by the
City Planning Commission on Tuesday, October 2, 1962 on a request
dated September 24, 1962 from the Burt Homes, Inc. , for a year's
extension on the balance of the Meri-Lynn Farms Subdivisions, Units
6 through 9, inclusive located in the Southeast 1/4 of Section 22,
the City Planning Commission does hereby grant said request, subject,
however, to all conditions prevailing on the preliminary"ppproval.
Mr. Watson asked when the original preliminary approval had been granted. It was
ascertained the original approval had been granted in 1956.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Ingold, Schubeck, Milligan, Angevine, Anderson, Cameron, Okerstrom
and Walker
NAYS: Watson
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IL: Mr. Walker declared the motion is carried and the foregoing resolution is adopted.
Mr. McCullough: The next item on the agenda is a discussion of possibly
requiring all subdividers to include underground utilities.
Mr. McCullough submitted booklets pertaining to underground utilities which he
had received from the Detroit Edison Company. It was decided that the Commission
members would take these home to study them and at a later date a further meeting
would be held to discuss it faith the Commission members and also representatives
from the Detroit Edison Company.
Mr. McCullough: The next item on the agenda is the approval of the minutes
for meetings held on Tuesday, July 31, 1962 and August 21, 1962.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Watson and unanimously
adopted, it was
#10-189-62 RESOLVED that, the City Planning Commission does hereby approve
the minutes for the meetings held on Tuesday, July 31, 1962 and
August 21, 1962 except for that person who was not present, he
abstain.from voting.
PIr. _Wilket?_declared the motion is carried and the foregoing resolution is adopted.
Mr. McCullough: The next item on the agenda is a letter from Stanley L.
Satovsky, Builder, dated September 4, 1962 requesting an appeal to consider
the matter of continuing the preliminary approval on the Steven Brian
Subdivisian plat. The preliminary approval is null and void as of April,
1961 and in addition the zoning has been changed in the area. This matter
will be considered only if the petitioner has in advance discussed with
the City Attorney and has provided maps as requested. The Steven Brian
Subdivision is located in the East half of Section 20 on the north and south sic
sides of Lyndon.
Mr. McCullough stated he had received no other communication from Mr. Satovsky. Mr.
Walker stated this item would be taken under advisement.
Upon a motion duly made by Mr. Watson, supported by Mr. Angevine and unanimously
adopted, it was
#10-190-62 RESOLVED that, final plat of Woodcreek Farms Subdivision located
in the West half of Section 15 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 February 6, 1962; 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 March 2, 1962; and it further appearing
that a burdty bohd in-the athount of $16,500.00 and a cash bond
in the amount of $2,000.00, pursuant to Council Resolution #175-62
and amended by Council Resolutions #701-62 and #750-62, to cover
the installation of improvements have been filed in the office of
the City Clerk under date of October 1, 1962; such bonds having
been approved by Charles J. Pinto, Assistant City Attorney on
October 1, 1962 it would therefore appear that all the conditions
necessary to the release of building permits have been met and the
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ILBuilding 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 a motion to hold a public
hearing to determine whether or not to rezone certain property located
on the southeast corner of Seven Mile Road and Haggerty Road from
RUA to C-2. This rezoning is in connection with the property designated
for the Northwest Community College. The property owners have requested
that the present C-2 area be increased.
Upon a motion duly made by Mr. Milligan, supported by Mr. Watson and unanimously
adopted, it was
#10-191-62 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:
The north 720 feet of the West 720 feet of the
Northwest 1/4 of Section 7 located in the
City of Livonia,
FROM RUA (Rural Urban) to C-2 (COMMERCIAL BUSINESS). This property
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is located on the Southeast corner of Seven Mile Road and Haggerty
Road in the Northwest 1/4 of Section 7.
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.
Mr. McCullough: The next item is the nomination of officers for the coming
year.
Mr. Waikefannounced the floor was open for nominations for office of Chairman.
Mr. Okerstrom nominated Mr. Walker for Chairman.
Mr. Angevine supported Mr. Okerstrom's nomination.
Mr. Milligan nominated Mr. Watson for Chairman.
Mr. Anderson supported Mr. Milligan's nomination.
Uponl.:a.'_togion duly made by Mr. Milligan and supported by Mr. Angevine the nominations
for Chairman were closed.
4 Mr. Walker announced nominations were open for Vice-Chairman.
Mr. Cameron nominated Mr. Milligan for Vice-Chairman.
Mr. Angevine supported Mr. Cameron's nomination.
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Mr. Okerstrom nominated Mr. Watson for Vice Chairman.
Mr. Anderson supported Mr. Okerstrom's nomination.
Upon a motion duly made by Mr. Watson, supported by Mr.Angevine the nominations for
Vice-Chairman were closed.
Mr. Walker announced the nominations for Secretary were open.
Mr. Anderson nominated Mr. Okerstrom for Secretary
Mr. Angevine supported Mr. Anderson's nomination.
Mr. Milligan nominated Mr. Angevine for Secretary.
Mr. Schubeck supported Mr. Milligan's nomination.
Upon a motion duly made by Mr. Cameron, supported by Mr. Watson, the nominations for
Secretary were closed.
Mr. Walker announced that the nominations have been made and he instructed the Secretary
to forward the ballots to the members. These are to be mailed back to the Planning
Commission and will be opened at the next meeting scheduled for October 16, 1962.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Watson and unanimously
adopted, the City Planning Commission does hereby adjourn the 151st Special Meeting
held on Tuesday, October 2, 1962 at approximately 12:00 A.M.
CITY PLANNING COMMISSION
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W. E. Okerstrom, Secretary
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Char - W. Walker, Chairman