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HomeMy WebLinkAboutPLANNING MINUTES 1962-11-02 3582 • MINUTES OF THE 152ND SPECIAL MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Friday, November 2, 1962 the City Planning Commission of the City of Livonia held the 152nd Special Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Charles W. Walker, Chairman, called the 152nd Special Meeting to order at approximately 7:40 p.m. Members present: Edward Milligan, W. E. Okerstrom, Donald Schubeck, Charles W. Walker and James Cameron Members absent : *Dennis Anderson, Robert L. Angevine, #Milton Ingold Mr. David R. McCullough, City Planner, was present along with approximately 125 interested persons in the audience. Mr. Okerstrom was appatmted Secretary pro-tem in the absence of Mr. ALgevine. Mr. _Walker welcomed the audience on behalf of the Planning Commission and stated before going into the meeting, he would like to explain a few things. First, he felt that some people in the audience were wondering why this meeting was being held tonight on a Friday, when usually all Planning Commission meetings are held on Tuesday evenings. The reason for this was because tonight was the only night the City Hall was available due to the pending election next 'Tuesday, November 6, 1[: 1962 and it was thought that this meeting should be held prior to the scheduled meeting on Tuesday, November 13, 1962. Second, the reason for opening the meeting earlier than what was first scheduled, was because it was thought if this meeting could be completed early enough, some of the Planning Commission members could attend another meeting being held for, the various State and County candidates for the coming election. Mr. Walker concluded by stating he hoped this clarified any questions the audience may have had due to the difference in the time and date of the meeting. Mr. Walker asked Mr. McCullough to announce the first item for the meeting. Mr. McCullough: The first item is a motion by the City Planning Commission to establish a public hearing to determine whether or not to rezone certain property located 100 ft. South of Schoolcraft Road and approximately 900 ft. West of Middlebelt Road in the Northeast 1/4 of Section 26 from RUFB, C-2, P to M-1. Mr. McCulloug explained this rezoning was necessary in order that the Velvet Peanut Butter Compan could utilize their property. At the present time the frontage along Schoolc aft Road of their property is zoned RUFB,afd:IC�2C,with the back portion zoned for Par ing. They are requesting that the RUFB and C-2 zone be maintained for • 100 ft. and t e remaining portion along with thel, zone be rezoned to M-1. This is in order that they may be able to build their plant with no more than a 100 ft. ILO setback. • Upon a motion duly made by Mr. Cameron, supported by Mr. Milligan, it was - #11-202-62 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: 3583 1[40 That part of the northeast 1/4 of Section 26, Town 1 South, Range 9 East; City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 89° 56' west 906.53' and south 202.0' from the northeast corner of Section 26 and proceeding thence South 75.0' , thence north 89° 56' east 130.0' t4ence South 125.0' thence South 89° 56' West 1216.07' , then North 200.0' thence North 89° 56' west 1086.07' to the point of beginning, from RUFB (Rural Urban Farms), C-2 (Commercial Business) and P (Parking) to M-1 (Light Industry) . This property is located approximately 100 ft. south of School- craft Road and approximately 900 ft. West of Middlebelt Road in the Northeast 1/4 of Section 26. 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Schubeck, Cameron, Milligan, Okerstrom and Walker NAYS: None Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next 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 plot plan submitted shows compliance to the 1,000 ft. from the nearest residential district. The Planning Commission has received two legal opinions from the Law Department where the 1,000 4trtshould be measured from and in these opinions it is stated it should be measured from the box office or screen, whichever is the closest instead of measuring from the property line. Mr. McCullough informed those present that the drawing marked "Exhibit A" indicates a little less than 1,000 ft. This is the drawing which thenPianning Commission assumes was submitted to the City.Council shortly before their meeting on September 12, 1962. The City Clerk has not yet submitted the originals to this office. He further stated that the attorney has indicated that there weren't sufficient changes to require a new public hearing. It was suggested that the legal opinion dated October 11, 1962 from the City Attorney's office be read for the benefit of the audience. Mr. McCullough read said opinion. The question was asked if the site had been approved for a drive-in theatre? Mr. Walker answered that a public hearing had been held. The petition had been approved and the recommendation forwarded to the City Council. They in turn sent it back to the Planning Commission for verification of the 1,000 ft. requirement. This is the only reason it is back to the Planning Commission. #Mr. Milton Ingold arrived at 7:55 p.m. Mr. Gerald Brisse, 9909 Loveland Avenue asked if anyone was notified as to the meeting when this petition was approved? 3584 Mr. Walker stated the notices had been mailed according to the zoning ordinance. Mr. Brissee asked if the Planning Commission was only considering the 1,000 ft. requirement and nothing else? Mr. Walker answered this was so. Ttiis was the only reason the City Council had sent it back to the City Planning Commission. The question was asked if the property owners could go to the City Council after the Planning Commission has acted upon this item? Mr. Walker stated they could. Mr. Walker stated there was a record of the notices that were mailed for the public hearing. The notices were mailed to those who owned property within 500 ft. from the property line of the drive-in theatre property. This is the regular procedure and one that is followed for all "use" petitions. *Mr. Dennis Anderson arrived at 8:05 p.m. Mr. Brissee objected to the proposed drive-in theatre. He felt he was speaking for a majority of people and that many of them had signed petitions objecting to the theatre. He suggested that the "use" be taken out of the ordinance. Mr. Milligan explained to Mr. Brissee that the Supreme Court had already decided that this could not be done. Mr. Ponder, attorney for Mr. Nicholas George, petitioner, stated the first map submitted was just a general layout of the proposed drive-in. The petitioner knows 1[1: he has to comply with the 1,000 ft. requirement before a building permit will be issed to him. Mr. Ponder stated the petitioner was not trying to put anything over on the property owners. If the petitioner does not comply with any part of the ordinance, he will not be able to obtain his building permit. Mr. William S. Munger, attorney and representative for the Rosedale Gardens Civic Association stated he had been at the City Clerk's office, the Mayor's office and the City Planning Commission's office that day in order to examine the sketch of the proposed drive-in theatre. He found that the sketch did not comply with the 1,000 ft. requirement. Mr. Munger was informed that new maps were to be submitted and if he would return later in the day, he would be able to examine these maps. Mr. Munger stated he did return and with Mr. Strasser, the City Engineer, examined the new maps. They indicated that the screen was 1,000 ft. from the residential area but the ticket booth was not. Mr. Munger concluded by stating he has asked the Mayor to have the Planning Commission office's procedures investigated and he would like to request that this item be tabled pending this investigation. Mr. Walker stated he did not feel that the proper information was before the Planning Commission in order to act upon this item. And, until the proper survey was before the Commission, no action would be taken. It was ascertained after a further discussion that a meeting would be held at the drive-in site with the petitioner, Mr. Nicholas George, his attorney, Mr. Ponder, Mr. Munger, Mr. Pringle, Mr. McCullough and any Planning Commission member who wished to attend. Mr. Walker stated he would be there also. Mr. Ponder stated his engineer would be present. He is a registered civil engineer and he will be able to make the survey. After the survey is made, it will be certified and copies will be made available. Mr. Walker announced he -would set- a date.for the survey and informcthose people mentioned above as to the time. He stated this item would be taken under advisement until all the information is in the office of the Planning Commission. 3585 Upon a motion duly made by Mr. Anderson, supported by Mr. Milligan and unanimously adopted the City Planning Commission does hereby adjourn the 152nd Special Meeting held on Friday, November 2, 1962 at approximately 9:30 p.m. CITY PLANNING COMMISSION 2i� (;),-// W. E. Okerstrom, Secretary, pro-tem Charle W. Walker, Chairman