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HomeMy WebLinkAboutPLANNING MINUTES 1962-12-04 3610 MINUTES OF THE 154TH SPECIAL MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, December 4, 1962 the City Planning Commission of the City of Livonia held the 154th Special Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Members Present: W. E. Okerstrom, Charles W. Walker, Robert L. Angevine, James Cameron, Edward Milligan, Milton Ingold and Dennis Anderson Members Absent: Donald Schubeck (Mr. Schubeck, being transferred to anohher city will no longer attend the meetings) Mr. David R. McCullough, City Planner and Mr. Charles Forrest, Jr. , Assistant City Attorney were present with approximately 175 interested persons in the audience. Mr. Walker called the 154th Special Meeting to order at approximately 8:07 p.m. Mr. McCullough: The first item on the agenda is Petition M-254 by Nicholas George requesting permission to erect a drive-in theatre on property located on the north side of Plymouth Road east of Farmington Road in the Southwest 1/4 of Section 27. This petition has been referred to the City Planning Commission by 1[1m the City Council to vetify the compliance of the 1,000 ft. to the nearest residential district. Special Meeting 11/2/62, item taken under advisement. Mr. Walker informed the audience that this drive-in petition had been referred back wfigtfi City Planning Commission by the City Council solely for the purpose of determininE or not Site B has complied with the requirement of the 1,000 ft. distance from the nearest residential district as required by the Ordinance. He stated certain objections were raised as to where the 1,000 ft. would be measured and also whether or not a new public hearing should be held because a new drawing had been submitted showing the screen at a greater distance north of Plymouth Road than was the case on the original plan. Mr. Munger asked if there was to be an opportunity for discussion on the item tonight? Mr. Walker answered that the chair was going to allow one representative from both sides to appear before the commission. He stated it would, be appreciated if the discussion was kept to a minimum, but any new data or remarks would be welcomed. He asked if the Commission if they had any questions to ask? Mr. Angevine asked if the exit as originally scheduled along the north line of the property is considered part of the plan or not. Mr. Ponder explained that there would be an exit on Farmington Road as well as on Plymouth Road. IL: Mr. Angevine asked if the original plan called for two exits on Farmington Road? Mr. Ponder stated there already is an exit for the Mai-Kai indoor tLeatre. There will be two exits with the drive-in theatre exit. Mr. Ponder continued by stating they had nothing further to say because it was felt they had covered the ground so many times at past meetings, but he would like to 3611 bring attention to the fact that certain members of the Planning Commission and the petitioner with a certified surveyor did go and actually measure off the 1,000 ft. requirement and that this is a matter of record. Mr. Walker stated that for the record also, the county has proposed certain improve- ments on Farmington Road to take care of the additional traffic on the road caused by the theatre and the State Highway has recommendations for Plymouth Road. Has the petitioner indicated a willingness to go along with some of the recommendations at this time? Mr. Ponder stated that at the meeting held with the County and State Highway .the• ingress and egress plans met with their approval. There was some discussion pertaining tg the w'dening of Farmington Road but nothing definite has been done. The State and g $Vt{}tXp $$al to the exits and entrances and have issued the permits for said work. Mr. Walker stated he was referring to Farmington Road. The County has indicated that if the petitioner would donate 27 ft. to the County, they would make an effort to widen Farmington and to pave three lanes. Has the petitioner agreed to this? Mr.Ponder answered the petitioner has not donated the 27 ft. for Farmington Road. This was discussed with the County and the Mayor's office and the petitioner is willing to negotiate at the proper time but the County authorities have not informed them when they will do the work and the petitioner does not feel that he should donate the property now if it will take three or four years for the County to begin work on the project. Mr. Ponder stated they did not feel it was their duty to pave on Plymouth 1[40 Road since it is a State Highway. Mr. Munger objected to the plan given to him by the City Planning Commission's office that day because it did not indicate any exit on the north end of the property. There appeared to be an exit on Farmington Road and another on Plymouth Road. He atated also that the County and State Highway have indicated recommendations so as to relieve the traffic congestion that exists on Plymouth Road. He said he had contacted Sgt. Thorne on the matter and that Sgt. Thorne submitted a suggested plan for the area. He asked if the petitioner has the right to use the private road existing and if so why isn't it indicated on the plan. He insisted that before the Planning Commission acts on this petition or any plan, that they insist that it indicates all the details as they sLLould be. Mr. Ponder stated he did not feel that the question before the Commission is the ingress and egress or the traffic volume, it is the 1,000 ft. requirement from any residential district. Mr. Walker stated that the Planning Commission has this petition in order to verify the 1,000 ft. , this is what the Council has requested. The petition is not before the Commission to reverse their original decision. But the Planning Commission will forward to the City Council,along with the verification,the data submitted by the County and State Highway Commissions. The discussion on this petition continued for some length during which several persons in the audience repeated their objections made at previous meetings. A Mrs. T. Lawrenc( 9289 Woodring and Mr. G. Brissee, 9909 Loveland were among those who objected. Mr. Milligan explained to those present the reasons :why the Planning Commission did not deny the original petition and also the requirements that must be met by the petition according to the ordinance. Mr. Munger stated he did not know of any ordinance that gives the Zoning Board of 3612 1[0 Appeals the authority to rezone property. He was referring to the variance allowed by the Zoning Board of Appeals on a parcel of land located east of Farmington Road which is zoned RUFB. The question was asked as to why the driveway was not considered a part of the drive-in theatre along with the ticket booth and screen. Mr. Forrest, Assistant Attorney, read the opinion written by the Law Department, dated October 2, 1962, relative to this question. Mr. Walker felt that this item had been discussed sufficiently and that the floor was open for a motion. Upon a motion duly made by Mr. Angevine, supported by Mr. Cameron, it was #12-223-62 RESOLVED that, having considered the revised site plan dated October 9, 1962 and designated "Exhibit B" and the opinions of the City Attorney relating thereto, as well as the survey and distance calculations under the seal of a registered land surveyor designated as "Exhibit C", the City Planning Commission does hereby advise the City Council that the theatre on site Plan "Exhibit B" is at least 1,000 ft. from any district zoned residential except for Tax Parcel E4 from which requirement the Zoning Board of Appeals previously granted a variance, pro- vided, however, that the City Council's attention is directed to efforts on the part of the County and State Highway Department 1[10 representatives to attempt to persuade the petitioner to provide certain additional traffic control devices, which efforts have resulted in failure. Similarly, the City Council's attention is drawn to the fact that no exit from the north end of the proposed Drive-In Theatre is indicated on the current plan as was originally proposed verbally by the petitioner. A roll call vote on the foregoing resolution resulted in the following: AYES: Ingold, Cameron, Milligan, Anderson, Okerstrom, Angevine and Walker NAYS: None Mr. Walker declared the motion is carried and the foregoing resolution is adopted. He also informed the audience that they may contact the City Clerk's office as to when this item will be on the City Council's agenda. Mr. Walker called a recess at approximately 9:40 p.m. * * * * * * * Mr. Walker called the 154th Special Meeting back to order at approximately 9:50 p.m. with all those present now who were present at the time the recess was called. Mr. McCullough: The next item on the agenda is a discussion on whether or not the northerly half of the west 88 ft. of Lot 418 of Supervisor's Livonia Plat #7 located in the Southwest 1/4 of Section 1 should have been rezoned to C-2 along with the remainder of the parcel at the time Lot 418 was rezoned. Re- quested by Charles Allen. After a brief discussion it was determined that if another public hearing has to be held it would result into additional cost to the city. Because of this it was felt 3613 • the owner of the property should file a petition with the City to rezone said property and pay the necessary fee to do so. It was the petitioner's errcr it was not included in the original request. Upon a motion duly made by Mr. Ingold, supported by Mr. Cameron, it was #12-224-62 RESOLVED that, pursuant to the 154th Special Meeting held by the City Planning Commission on Tuesday, December 4, 1962 on a request by Charles Allen whether or not the City should rezone :.ertain property in the Southwest 1/4 of Section 1, the City Planning Commission does hereby resolve that the owner of said property should follow the regular procedure to rezone and,in addition, does hereby withdraw said item from the agenda. A roll call vote on the foregoing resolution resulted in the following: AYES: Ingold, Cameron, Milligan, Anderson, Okerstrom, Angevine 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-573 by Lester Karr who is requesting the rezoning of property located on the southeast corner of Jamison and Lyons in the Northeast 1/4 of Section 24 from RUFB 1[10 to R-lA. Public Hearing 11/27/62 item taken under advisement. Mr. Lester Karr was present. Mr. Milligan felt that he would rather see RLA in this area than R-1A due to the fact that the existing lots are larger than R-lA. Mr. Karr did not wish to amend his petition for larger lots. He stated if he did so it might mean tearing down his garage or driveway. Upon a motion duly made by Mr. Ingold, supported by Mr. Anderson, it was #12-225-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, November 27, 1962 on Petition Z-573 as submitted by Lester Karr for a change of zoning in the Northeast 1/4 of Section 24 from RUFB to R-LA, the City Planning Commission does hereby recommend to the City Council that Petition Z-573 be granted for the following reasons: (a) that lot splits permitted by the Assessor under the old Plat Act have resulted in a number of 60 foot lots along the west side of Lyons; and further that the Planning Commission recommends that the petitioner be required to dedicate the east 30 ft. of Lyons, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian-City Post under date of November 7, 1962 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Co. , Michigan Bell Tele- phone Co. , The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. 3614 A roll call vote on the foregoing resolution resulted in the following: AYES: Ingold, Anderson, Okerstrom, Angevine and Walker NAYS: Cameron and Milligan Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition V-71 by Arthur Wheeler, etal, who is requesting the vacating of the north/south alley located between Farmington and Westmore Avenue and between Gable on the south and Lots 1 and 123 on the north in the Westmore Subdivision situated in the Southwest 1/4 of Section 3. Public Hearing 11/27/62, item taken under advisement. Mr. Wheeler was present. Mr. Walker explained to Mr. Wheeler that it had come to the attention of the Planning Commission that there were two garages located north of Haldane that needed the alley. Because of this it was suggested that the alley be vacated only in so far as it relates to the alley between Gable & Haldane. Mr. Walker informed Mr. Wheeler that the other portion could be vacated at a later date if it was found it could be. Mr. Wheeler stated they were anxious to include the 20 ft. from the alley to the depth of their lots because if Farmington Road is ever widened, it would take approximately that much from the front of their property. 1[0 Upon a motion duly made by Mr. Milligan, supported by Mr. Cameron and unanimously adopted, it was #12-226-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, November 27, 1962 on Petition V-71 as submitted by Arthur Wheeler, etal for the vacating of the north/south alley located between Farmington and Westmore Avenue and between Gable on the south and Lots 1 and 123 on the north in the Westmore Subdivision situated in the Southwest 1/4 of Section 3, the City Planning Commission does hereby recommend to the City Council that Petition V-71 be granted only insofar as it relates to the alley between Gable and Haldane and subject, however, to an easement being created for the full width of the alley, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, City Post under date of November 7, 1962 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Co. , City Departments, petitioner and abutting property owners as listed in the Proof of Service. Er. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is the Proposed Burton Hollow Estates Subdivision #5 located approximately 1300 feet south of Six Mile Road between Burton Hollow Estates Subdivision #3 and #4 and the proposed Golfview Estates Subdivision in the west half of Section 16. Submitted by Stephen F. Slavik, Rouge Building Company. Public Hearing 11/13/62 item taken under advisement. 3615 • Mr. D. Meinzinger was present for the petitioner. There was a brief discussion in relation to the pedestrian bridges needed in the area. It was ascertained that these would be at the discretion of the City Council. Upon a motion duly made by Mr. Milligan, supported by Mr. Angevine and unanimously adopted, it was -- #12-227-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, November 13, 1962 the City Planning Commission does hereby give approval to the preliminary plat of the Burton Hollow Estates Subdivision #5 located south of Six Mile Road between the Burton Hollow Estates Subdivision #3 and the Golfview Meadows Subdivision in the Northwest 1/4 of Section 16, subject, however, to the following: (a) that an eight (8) foot pedestrian cross walk be established across the north side of Lot #640 and the South side of Lot #641 in this plat. Additionally, similar pedestrian easements shall be created across Lots #527 and #528 in Burton Hollow Estates Subdivision #4; (b) that the City Planner shall call the creation of these easements to the attention of the City Council as well as the existence of existing easements across the north side of Lot #154 and across Lots #200 and #201 in Burton Hollow Estates Subdivision #2 over which no pedestrian bridge has ever been erected; (c) that street names be provided by the City Planner; (d) that the developer is alerted to the objections of the Building 1[40 Inspection Department as to Lots #645, #650, #646 and #649 and is requested to satisfy the Building Inspection Department that all yard requirements can be met, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, Parks & Recreation Department and Members of the Plat Committee. Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item is a letter from the Bureau of Inspection requesting a bond release for TA-42 by the Pershing Sand Company. This is for topsoil removal from property located on the northeast corner of Levan and School craft in the Southeast 1/4 of Section 20. Taken under advisement at Special Meeting 11/13/62; Regular Meeting 11/27/62. There was a brief discussion as to the present condition of the property. Mr. Ingold felt the area needed additional fill due to the water on the property. It was determines that a letter ehouldbe written to the petitioner advising him that the bond would not be released until the area was cleaned up. It was suggested that the bond release be approved subject, however, to the letter being written to the petitioner. Upon a motion duly made by Mr. Ingold, supported by Mr. Milligan and unanimously adapted, it was #12-228-62 RESOLVED, that pursuant to the report and recommendation of the Bureau of Inspection dated October 30, 1962, the City Planning Commission does herein authorize the release of the bond dated October 22, 1958 in the amount of $15,000.00 by the United States Fidelity and Guaranty Company posted with the City in connection with topsoil removal operations performed under Permit #46 (Application TA-42) issued to Pershing Sand Company; it 3616 sis appearing from the above report that all ordinance provisions and rules and regulations have been complied with; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. 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 #12-229-62 RESOLVED that, pursuant to the 154th Special Meeting held on Tuesday, December 4, 1962 on a request dated November 15, 1962 from the Paris Home Builders for a year's extension on the preliminary approval for Newburgh Heights Subdivision #2 located on the northwest corner of Newburgh and Five Mile Road in the Southeast 1/4 of Section 18, the City Planning Commission does hereby grant said request; subject, hw ever, to all conditions prevailing on the original approval. Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Angevine and unanimously adopted, it was #12-230-62 RESOLVED that, the City Planning Commission of the City of Livonia having given due consideration to the designated proposed location of Henry Ruff Road in the north half of Section 35 as appearing on the Master Thoroughfare l[lo Plan of the City of Livonia, and it appearing that the designated proposed location of such thoroughfare as presently shown on the Master Thoroughfare Plan is unnecessary for the health, safety and general welfare of the community, and the further existence of said road upon the Master Thorough- fare Plan would serve no useful purpose, the City PlanningCommission on its own motion does hereby establish and order a public hearing to be held to determine whether or not Part I of the Master Plan of the City of Livonia, that is, the Master Thoroughfare Plan, should be amended so as to delete that p.-tion of Henry Ruff Road located north of Orangelawn and south of Plymouth Road in the North half of Section 35 from the Master Thoroughfare Plan for the reason that said road is unnecessary and would serve no useful purpose if further designated as a future road on the City's Master Thoroughfare Plan; and IT IS FURTHER RESOLVED, that notice of the time and place of said public hearing shall be published in a newspaper of general circulation in the City of Livonia and that a notice by registered mail be sent to each public utility or railroad company owning or operating any public utility or railrcad within the City of Livonia in accordance with the provisions of Section 5.2998 of Michigan Statutes Annotated and in accordance with the provisions of the Public Acts of Michigan of 1931, as amended. Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition Z-574 by the City Planning Commission to determine whether or not to rezone property located IL north of Schoolcraft between Lyons and Middlebelt Road in the S. half of Section 24 from R-3 to R-1A, public hearing 11/27/62, item taken under advisement. Mr. McCullough stated the owner of the property involved has asked that this item be taken under advisement until he can be present. Mr. Walker announced that this item would be taken under advisement. 3617 • Mr. McCullough: The next item on the agenda is Petition Z-571 by the City 1[0 Planning Commission to determine whether or not to rezone all of the RUFB property located on the south side of Schoolcraft Road between Farmington and Merriman Roads from RUFB to M-1, except the north 300 feet thereof, and situated in the north half of Section 27. Public Hearing 11/27/62, item taken under advisement. Upon a motion duly made by Mr. Angevine, supported by Mr. Ingold and unanimously adopted, it was #12-231-62 RESOLVED that, pursuant to the 154th Special Meeting held on Tuesday, December 4, 1962 on Petition Z-571 by the City Planning Commission to rezone all of the RUFB property located on the south side of Schoolcraft Road between Farmington and Merriman Roads from RUFB to M-1, except the north 300 feet thereof, and situated in the north half of Section 27, the City Planning Commission does hereby table said item until such time that a recommendation is received from the Industrial Development Commission. 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 #12-232-62 RESOLVED that, pursuant to the 154th Special Meeting held on Tuesday, December 4, 1962 on Petition Z-571 by the City Planning Commission 1[0 to rezone the RUFB property located south of Schoolcraft Road between Farmington and Merriman Roads from RUFB to M-1, except the north 300 feet thereof, and situated in the north half of Section 27, the City Planning Commission does hereby refer said petition to the Industrial Development Commission for its action and a report thereon to the City Planning Commission, and further that the Industrial Commission meet with the persons who objected to the petition at the public hearing held by the City Planning Commission and disc?i.s their mutual views with the purpose of finding a compromise solution. 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 #12-233-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, October 2, 1962 the City Planning Commission does hereby grant Petition M-262 by Linville Sexton requesting permission to erect a church on the west side of Stark Road, north of Edward Hines Drive in the Southwest 1/4 of Section 33, subject, however, to the condition that any future building be erected not less than 40 feet south of the north property line. The Petitioner is further cautioned that this size parcel can never accomodate the necessary parking for any considerable increase in seating Irx . capacity. FURTHER RESOLVED, notice of the above hearing was sent to prcperty 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. • 3618 Upon a motion duly made by Mr. Anderson, supported by Mr. Cameron and unanimously adopted, it was #12-234-62 RESOLVED that, the City Planning Commission does hereby approve the minutes for meeting held on Tuesday, November 2, 1962. Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Ingold and unanimously adopted, the City Planning Commission does hereby adjourn the 154th Special Meeting held on Tuesday, December 4, 1962 at approximately 10:30 p.m. CITY PLANNING COMMISSION )7." ATTESTED: Robert L. Angevi , Secretary / / Aet-def---6) // ,, '' Charles W. Walker, Chairman