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HomeMy WebLinkAboutPLANNING MINUTES 1963-03-05• 3667 li: MINUTES OF A PUBLIC HEARING AND THE 156TH SPECIAL MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, March 5, 1963 the City Planning Commission of the City of Livonia held a Public Hearing and the 158th Special Meeting at the Livonia City Hall, 33001-Five Mile Road, Livonia, Michigan. Mr. Edward Milligan, Vice-Chairman called the Public Hearing to order in the absence of Mr. Charles W. Walker, Chairman at approximately 8:10 p.m. Members present: Robert L. Angevine, W. E. Okerstrom, Edward Milligan, Dennis Anderson, Dr. Daniel Allen and James Cameron Members absent : Charles W. Walker and Milton Ingold 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. McCullough announced the first item on the agenda was Petition Z-566a by Frank Hoffman requesting a rezoning on property located on the Southeast corner of Ann Arbor Trail and Wayne Road in the Southwest 1/4 of Section 33 from RUFB and C-1 to C-2, except the north 127 ft. of the east 690 ft. of the above property to remain RUFB. lig Mr. Frank Hoffman was present along with Mr. Clarence Charest, his attorney. Mr. Charest explained the difference between the present petition and the former one, Petition Z-566. The present petition deletes the north 127 ft. of the east 690 ft. of the original property, this property to remain RUFB. This area is proposed to be used for a discount house in the line of K-Mart and a drive-in bank which would be located on the corner. The corner is presently zoned C-1 and they are requesting a C-2 for said p,rtion. The balance is zoned RUFB for which they are asking the C-2 zone also. The reason for the 127 ft. strip is that the houses on the opposite side would be adversely effected so this strip has been omitted from rezoning. A wall will be erected along that area between the strip and the shopping center property in order to protect the home owners. Mr. Charest further stated the property owner to the east does not object to the rezoning. He stated there were objections from the Cherokee Trail Subdivision. He said that the Timothy Lutheran Church objected to the first petition but felt they weren't apposed to it now as they had been. He further stated that it has been said that this area was good for residential development but it was felt by the petitioner that this was not true. This area is in the path of the proposed J. L. Hudson Center and because Ann Arbor Trail is to be made into a 120 ft. highwayand Wayne will have two more lanes which will make it a very highly traveled road, it would not be wise to build houses along Wayne Road. To the south of the proposed shopping center is the church. Most people do not want to have their back yards next to church property unless it is their people. On the opposite corner the area behind the gas station is zoned for apartment houses. Additionally, south of the area in Nankin there are models for Town Houses or duplexes. Mr. Charest concluded by stating that they have created a buffer strip to protect those who objected and that this strip will be turned into a residential area. Mr. Milligan stated the request was for a change from C-1 to C-2 to permit the drive-in bank. He asked if a bank couldn't be put into the C-1 area? Mr. Charest answered if it could be they were willing to delete this portion for the bank from their request. 3668 Mr. Milligan stated that the RUFB buffer strip could not be utilized as it is now shown. ' It was determined that both of these areas would require an amendment to the petition which would result in another public hearing in order that it could be readvertised. Mr. Charest stated that the Industrial Development Commission and the Chamber of Commerce have both given their approval to the request. He said that there was to have been a representative from the Industrial Commission present for tonight's meeting. Mr. Milligan asked if there was. a representative present from the Industrial Commission or the. Chamber of .Commerce? There was .no one present from either one. He asked how many people in the audience were interested in this item. There were approximately 150 persons present. Mr. Milligan asked if there was anyone in the audience who wished to. speak? Mr. Walter J. Guth, Jr. , 32037 Plymouth Road, stated he would like to speak on behalf of the Cherokee Trail Subdivision. These are property owners of property directly opposite the proposed shopping center. He submitted petitions signed by these property owners who were objecting to the proposed rezoning. He stated the so-called buffer strip was nothing but an obvious subterfuge to attempt to do indirectly what cannot be done directly. He stated the property owners felt that the area has been developed according to the master plan of the City of Livonia and what the petition seeks to do is nothing more than spot. zoning. They felt 3 there was no need of any additional commercial area in this location and the fact that so many people have come out to protest should be evidence enough that there is no need for it. Dr, A. Katz, 34321 Dover stated a petition has been submitted objecting to the proposed rezoning. He stated that their objection tonight is that the amendment to the original request doesn't do a thing to eliminate any previous objection they had and which led to the petition being denied by the Planning Commission. It was also felt that the increase of traffic upon Ann Arbor Trail would result in it becoming more hazardous to the residents in the area. They also found out that Wayne County does not intend to widen Ann Arbor Trail for some years. There are no sidewalks along Ann Arbor Trail and the children boarding and disembarking from the buses would be subjected to the increased traffic. Dr. Katz concluded by stating that the noise, nuisance and lights associated with the shopping centers would be disturbing to the residents and the property value of these homes would be greatly decreased. A representative from the Kirsch Subdivision located on the west side of Wayne Road and south of Ann Arbor Trail objected to the proposed C-2 rezoning. Mr. Weber, Chairman of the congregation for the Timothy Lutheran Church, stated that while the church was never violently opposed to the rezoning they do object to it. He stated they have not tempered their position at all. He read a petition of objection to the commission members. Mr. Paul Eldridge, 34500 Grandon, representative for the Cherokee Trail Subdivision stated their objections. Mr. C. Marcenkiewicz, 34115 Ann Arbor Trail, member of the Rouge Trail Subdivision questioned whether the parcel immediately east of the property involved is included 3669 in the petition? Mr. Charest answered that the property immediately east of the property in the petition is not included but they do have a letter from the owner of said property which stated that they do not object to the proposed rezoning of the property. It was brought out that Sheldon Center has at the present time three stores vacant. Mr. Charest stated the reason for this was because they could not lease on their terms and this fact can be investigated. He suggested that the Planning Commission meet with the Chamber of Commerce and the Industrial Commission to investigate this matter more fully and find out their views. Mr. Forrest was asked for an opinion on whether or not a drive-in bank could be allowed in a C-1 zote? Mr. Forrest stated that on something of this magnitude, he would prefer more time in order to form an opinion but the ordinance does not require a C-2 zone for a savings and loan association but it makes no mention of a drive-in bank. He stated that he would have to assume that the existence of drive-in windows would not make it necessary to have a C-2 zone. Mr. Angevine stated he was concerned about the RUFB strip along Am Arbor Trail. As designated it could not utilized. Mr. Milligan stated he felt the same way. He felt it could not be utilized unless it was rezoned and the rezoning should be done at the time the property is developed on the whole. Illii Mr. Charest stated they were willing to have it rezoned to R-1 or anything the Commission agreed to. Mr. Milligan asked if it was their intention to direct the total traffic to Wayne Road? Mr. Charest answered it was. Mr. Milligan asked if they would consider repetitioning and changing the request from a C-2 to a C-1 zone? Mr. Charest answered they would as long as they had an opinion from the legal depart- ment that a C-2 zone is not necessary for the drive-in bank. Mr. Milligan stated he would like to suggest to the board that the Planning Commission request the petitioner to resubmit its petition in order to work out something for the RUFB area to a proper zone and also change the request for the corner from a C-2 to a C-1. Mr. Charest stated that only that part needed for the drive-in would have to be C-1, the remainder would have to be C-2 to accomodate the shopping center. Mr. Milligan asked if they would be willing to rezone a large part of that area for Parking instead of C-2? Mr. Charest answered they would be willing to rezone part to Parking but he would have to discuss this first with the architect. Mr. Anderson asked Mr. Charest since they were predicting so much traffic for Ann Arbor Trail, did they feel that it would do any good rezoning the buffer to R-1? Mr. Charest answered that most of their traffic would be on Wayne Road. He felt that If it was a poor use to have homes on Ann Arbor Trail but if the people in the Cherokee Subdivision prefer this and if they can sell it for residential, they would be willing to do so. He felt that it would be better to rezone this buffer strip to PS. 3670 Mr. Anderson stated he felt that this petition as presented should be thoroughly discussed before the petitioner is asked to resubmit another. 1[10 Mr. Milligan asked how much time did the petitioner have on his option? Mr. Hoffman stated they had until April 19th. Mr. Milligan announced that the Planning Commission was not going to act upon this petition tonight. A study meeting would be held next Tuesday, March 12th at which time the Industrial Commission and the Chamber of Commerce will be asked to attend. If the petition changes his request in any way a new public hearing will have to be held. Several persons in the audience objected to the petition be held over. Mr. Milligan stated they were eiving the petitioner the right to amend his petition dust as they would t anyone else in the audience. One question that has to be answered is whether the drive-in bank needs a C-2 zone. Another question is the strip of RUFB along Ann Arbor Trail. Is it workable? Therefore, a study meeting has been scheduled to discuss these questions. He stated this was not a delaying tactic. Mr. George Bilbia, 34215 Dover stated he thought that the petitioner had said that there would be two buffer zones, one along the north and another on the east. Mr. Milligan stated this can be taken up at the study meeting also. Mr. Milligan asked that a representative be chosen from each of the surrounding subdivisions to speak at the study meeting. The meeting will have to be held at the City Engineer's office and it limits the number of people who would be able to attend. Mr. Milligan called a recess at approximately 9:00 p.m. Mr. Milligan called the public hearing back to order at 9:10 p.m. with all those present now who were present at the time recess was called. Mr. McCullough announced the next item on the agenda was Petition Z-581 by William Buber requesting a rezoning of property located on the Southeast corner of Eight Mile Road and Middlebelt Road in the Northwest 1/4 of Section 1 from RUFB and C-1 to C-2. Mr. Herbert Klei, 19206 Littlefield, Detroit, was present for the petitioner. He was also the owner of the property. He stated Mr. Buber intended to develop the property into a retail nursery sales similar to that of"Frank's" . He said that Mr. Buber was going into the business with Mr. Edwards, owner of the Blue Grass Farms in Livonia. He stated it may become necessary to relocate the golf course located on the property and they also plan on putting a 20 ft. extension on the exittiag building. Mr. Milligan asked if there was anyone in the audience who wished to speak? Mr. Robert Shawl, 28980 Morlock stated he had no objection. 110 Mr. Milligan asked Mr. McCullough if it would be necessary for the petitioner to come back to City Planning after the rezoning is approved for permission to conduct the open air sales? Mr. McCullough answered he did not, but he does have to contact the Traffic Commission for approval on his exits and entrances. 3671 Mr. Klei stated he had already talked to Sgt. Thorne of the Police Department. Sgt. Thorne stated he would get in touch with Mr. McCullough. Mr. Klei further stated that they were agreeable to putting the egress and ingress wherever 1171111 3 the Police Department said they should be. Upon a motion duly made by Mr. Cameron, supported by Dr. Allen, it was #3-32-63 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-581 by William Buber for a change of zoning in the Northwest 1/4 of Section 1 from RUFB and C-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition Z-581 be granted for the following reasons: (1) that this is the intersection of two of the most heavily traveled mile roads within the community; (2) that the petitioner proposes to improve the appearance of this corner which presently is something less than it might be and (3) that the petitioner be requested to dedicate the balance of Middlebelt Road; FURTHER RESOLVED, notice of the above hearing was pub lished in the official newspaper, The Livonian, under date of February 13, 1963 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. Mr. Okerstrom questioned the size of the parcel to be rezoned, that is, if it is not used for the use it is intended for now. Once it is rezoned to C-2, it can be used for any use in C-2. The question was asked if it was possible to allow this use under a RUFB zone? Mr. Forrest stated only greenhouses, nursery and truck gardens were allowed in the RUFB zone - not retail sales such as Mr. Buber proposes. Mr. Angevine stated his interpretation was that in the RUFB you can grow the stock but not sell it. Mr. Forrest stated the C-2 was the correct zone. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Allen, Anderson, Angevine, Milligan NAYS: None NOT VOTING: Okerstrom Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition M-277 by David Phipps requesting approvel to erect 3 units of apartments on property located on the north side of Ann Arbor Trail, beginning approximately 360 feet West of Wayne Road and on the West side of Wayne Road beginning approxi- E mately 360 feet north of Ann Arbor Trail in the Southwest 1/4 of Section 33. This petition will be heard only if the petitioner has received Zoning Board of Appeals approval. Mr. David Phipps was present and informed the commission that the driveways had been increased and also there was a greater radius on the driveways. Mr. McCullough stated the only point to be discussed is the design features of • 3672 the apartments - does the applicant comply with the ordinance. Mr. Milligan asked Mr. Phipps if he had received approved from the Zoning Board of Appeals? Mr. Phipps as:..{wered that he had gone before them. Mr. Forrest stated that when Mr. Phipps appeared before the Zoning Board of Appeals they informed him that he would first have to go to the Planning Commission and receive permission to build the apartments, because at this point all Mr. Phipps has is the R-3 zone. The Planning Commission will have to make a further determination under Section 17.03 that he has met all the requirements. After the Planning Commission has given him approval then he will have to go back to the Zoning Board of Appeals for a variance on the number of apartments allowed. Mr. Milligan stated it was his thought that under Section 17.02, (b) if the petitioner does not meet the requirements under the ordinance then the Planning Commission would have to deny the petition and then the petitioner would have to go before the Zoning Board of Appeals. Mr. Forrest stated this was not true. All the petitioner has to do is submit a general site plan to the Planning Commission, he does not have to submit a plan which would pass the Inspection .partment. If he receives approval from the Planning Commission then the petitioner appears before the Zoning Board of Appeals for a variance but first he must have permission to build from the Planning IE Commission. Mr. McCullough stated the petitioner has 72 units - he is 10 units over the amount allowed. He asked Mr. Phipps if they would include a tot lot by the swimming pool? Mr. Phipps stated they would. Mr. McCullough asked how many one and two bedroom apartments would there be? Mr. Phipps stated there were 36 one-bedroom apartments and 36 two-bedroom apartments with two parking spaces for each apartment. Mr. Milligan asked when was this area zoned for R-3? Mr. Phipps answered in May, 1962. Mr. Milligan asked if the entrances would be on Ann Arbor Trail and Wayne Road? Mr. Phipps answered they would be. He stated that he had recommendations from the Fire and the Police Departments. Mr. Milligan asked if there was anyone in the audience who wished to speak? Mr. Earl Spriggs, 34536 Grandon, stated he had no knowledge of the rezoning of this�,Poperty to R-3. He felt the apartments should be controlled so that they will-devaluate the residential property. Mr. Robert Forward, 35030 Hees was concerned with the extra traffic which would result from the apartments. Mr. Paul Eldridge, 34500 Grandon was concerned with the lights from the cars in the parking lot shining into their homes. 1[ Another person in the audience stated that the plan shows shrubbery along the parking lots. If the surrounding property owners preferred a wall to cut down the lights from the cars, would that have to be decided tonight? Mr. Milligan stated if a wall was determined necessary, it would have to be put into 3673 IIthe resolution approving the petition. Mr. Milligan asked Mr. Forrest if the petition before the Planning Commission 4 tonight does not meet the requirements of the ordinance, how can it approve the petition? Mr. Forrest, Assistant City Attorney, answered that the ordinance is very general at this point. He stated the only thing the Planning Commission has to determine is whether the location of the buildings, the egress and ingress, etc. are correct. He said that the approval of the Planning Commission should not be based upon density only the conditions found in Section 7.00 of the ordinance. Mr. Harland H. Manglos, 34674 Grandon, objected to the proposed apartments. He felt it would lower the values of the homes in the area. He also objected to not being notified at the time the property was rezoned. (It was determined that at the time of the hearing for the rezoning on the area, notices were only required to be sent to those property owners who owned property abutting the property to be rezoned - the procedure now is to send notices to everyone within 500 feet of the property to be rezoned, although it is not required by ordinance.) Mr. J. C. Stover, 8926 koslyn, asked what the apartments would be built of? The architect explained the type of apartments that were planned. They would consist of two stories with one and two bedroom types. There would be a minimum of frame work - in order to keep the upkeep down. The parking would be along the two roads and it is planned to have shrubbery five feet high so that no parking will be seen from the roads. The petitioner stated if the Planning Commission would prefer a wall they would put one up but it was felt by the builder, etc. that ' this wall would have to be maintained and so they would prefer to put shrubbery 4 as a protection. There was to be a recreation room in one building for all the tenants. The rents would run between $135.00 and $155.00 a month. It was brought out that 17 parkit.b spaces were in the right-of-way along Ann Arbor Trail. Mr. Phipps stated that this right-of-way would have to be dedicated due to the widening of Ann Arbor Trail. When this is done, they will lose these parking spaces at that point but it was felt that if the buildings were set further back - that is, going north, they would then have sufficient room for the parking. When this is done, it will cut down the front yard area of the building facing Edward Hines Drive. The petitioner :'rated if they are allowed to cut down on this one front yard requirement, they would then be able to dedicate the necessary area for the right-of-way. The question was again brought up as to how the Planning Commission could approve the gartments if they did not conform to the requirements. Mr. Phipps' builder stated that the problem seems to be the 10 extra units. He asked if the Planning Commission couldn't give apgr oval to the petition subject to the approval of the Zoning Board of Appeals on the 10 extra units? Mr. Anderson felt if the Planning Commission approves the petition with the additional units it means that it is with the Planning Commission's blessings. It would be against the ordinance as drawn up by the Planning Commission. Mr. Phipps stated he understood that the procedure is to receive. . approval from the Planning Commission first. The applicant must then apply for a building permit from the Building Department. The permit is refused due to the fact that ' the applicant can not comply with the ordinance (in this case, an excessive amount of units and one apartment building not fronting on a public street). The applicant must then go before the Zoning Board of Appeals for a variance. It is there where it is decided how many units will be allowed, or any other variance. 3674 Mr. Milligan stated that the Planning Commission's decisions are controlled by the ordinance and the Planning Commission cannot ignore the standards and articles that they themselves made up. Mr. Forrest stated he felt that the Planning Commission should approve this as a general site plan and as far as the other matter is concerned, let that be decided by the Zoning Board of Appeals. He said if the Planning Commission likes the way it is laid out they should approve it - if they don't they should disapprove it. As far as the number of units are concerned, this should be left to the Zoning Board of Appeals. Mr. Anderson asked how can the Planning Commission approve a plan with more units than are allowed under the ordinance? In this case, isn't the Zoning Board of Appeals only for a hardship? Mr. Forrest stated that is one of their powers and duties. They have the power to alter the provisions of the zoning ordinance but it doesn't necessarily have to be a hardship. Mr. Anderson asked Mr. Phipps if they could alter their plans so that it c.,uld be approved as to the ordinance? Mr. Phipps answered that they would have to discuss this with the other people interested in the development. Mr. Okerstrom asked what was the size of the tot lot? Mr. McCullough answered that this would have to be determined by the Parks & Recreation Department. Mr. Okerstrom then asked about the wider driveways and the larger radius that should be shown on the plan? The builder presented new plans showing the requested changes on the driveways and radii:s of said driveways. Dr. Allen stated he would like to see this item taken under advisement for a more thorough discussion. Mr. Cameron concurred with Dr. Allen. Mr. Milligan announced that this item would be taken under advisement and taken up at a study meeting which will be held the next Tuesday on March 12, 1963 in the Engineering Building. Mr. McCullough announced the next item on the agenda is Petition M-275 by Martin A. Breenan, Jr. for Chas. J. Rogers, Inc. , etal seeking approval to fill it. a flood plain on property located on the south side of Six Mile Road between Savoie and Harrison, approximately 1,000 feet east of Middlebelt Road in the Northwest 1/4 of Section 13. Mr. Martin Brennan was present. the Mr. McCullough informed the Commission that this request involves filling in of part of the City's flood plain. Next week an effort will be made to get aerial photographs of the whole city. He stated that the Planning Commission has received a letter from the City Engineer, Mr. W. Strasser, asking that this Petition be denied or delayed until this photographing is completed. This will take about five or six months. He asked the petitioners if they want a denial in order that they could appeal to the City Council for help or would they prefer to have it delayed until the aerial photographs are completed? 3675 Mr. Brennan stated the owners in this particular area came to him to fill in their land. He stated they had the dirt available add they intended to slope down to li: the creek maintaining the creek at all times. There will still be a flcod plain to an extent. This is a portion of the Tarabusi Drain emptying into the Bell Creek. Mr. Milligan stated that Mr. Brennan could appreciate the importance of the flood plain land to the City. It has been the policy to protect the flood plain as much as possible. The City Engineer has requested that the Planning Commission either deny this petition now or wait until the aerial photographs have been made to see how much we could spare for the fill requested, or the commission could delay any action until such a time this has been determined. Mr. Milligan stated he felt that this commission should have this information because at the present time it is in the dark as to how much, if any, of this flood plain can be done away with or destroyed. He asked if they would prefer to have this petition denied so that they could appeal to the City Councils or would they prefer to have it taken under advisement? Mr. Brennan stated the owners would have to decide. Mr. Milligan asked if there was anyone in the audience who wished to speak? Mr. J. J. Seaman, 16702 Savoie stated that the water didn't go in the creek now. Mr. Strasser, City Engineer, stated that at the present time it was not known just where the flood plain is or what area should be designated as flood plain. There is no proper survey to make that determination. Mr. Stuart, 16800 Savoie stated that when they moved in,the valley was good for truck gardening. He stated that Mr. Foor has approximately 5 acres of land, 42 of them are below water half of the time. He has talked with Mr. McCullough and Mr. Strasser and he would like to know why, when the Tarabusi Drain was opened, the dirt from that drain was thrown up on one side which in turn made a dike. When it rains it has one or two courses. The mosquitoes are terrible and unhealthy. He said they would like to improve the area but are always told they cannot do anything. He is paying taxes on it but he cannot use it. He wanted to know where his rights were. Mr. Milligan stated that the City is not saying that he could not use the land. The City is only asking that it be allowed the time to find out how much of this land can be filled in. He asked Mr. Stuart if they would put up with it for six months? Mrs. Foor stated she had gone to see Mr. Strasser and they had informed her and assured her that he would contact her. Her main reason for requesting that they be allowed to fill in was so that they could mow the property. It was a hardship on them. They can not keep it moved in the condition it is in, consequently there are small animals who live in the area. She asked where will Mr. Rogers be with the dirt if they wait another six months? Mr. Foor stated they were not asking for a complete fill in but only enough to level off the land. He did not want to take the ravine out - they like the ravine but they would like to level a part of it so that it wouldn't be such a hardship to mow. Mr. Anderson stated it appeared that all these people wanted to do was to level 1[ off the very low spots. Could the Engineering Department study it a little further and determine if this is possible? Mr. Brennan stated 190,000 cubic yards would be necessary and it would take three or four weeks to complete the job. 3676 Mr. Strasser stated that it should be pointed out to the Planning Commission that each and everyone of these open drains are natural water courses and have been designated by the City Council at the time the City Council adopted its master storm drainage plan. As such they are actually a part of the storm drainage system of the City just as much as the large sewers that have been put in. These courses are so large that from an economic standpoint they will never be enclosed and, as part of the master plan for storm drainage of Livonia, they should be pre- served. How much preserved cannot be said at this time. The Engineering Depart- ment has talked with people concerned with a certain study under the "701 Program" and it would be the Engineerings recommendation that until an opportunity comes to finish this study and come up with the right answer no fill be permitted in any of these natural open water courses that are part of our drainage system. The City is relatively undeveloped and as years pass by and it become developed these large size drains will be necessary. The City has to look forward to when the City is fully developed and trust make the necessary plans for drainage at this time. Mr. Strasser concluded by stating that there will be dirt available in the future. More highways will be built along with expressways and he did not anti- cipate any trouble in acquiring the necessary dirt. He said that the City of Dearborn has been sorry that they filled in their flood plain and are now digging out whet has been filled. Dr. Allen asked Mr. Strasser if, after the study is completed, will these people get relief from the problems of mosquitoes, leveling of their property, etc.? 111111 Mr. Strasser answered that there will be areas that will not be able to be filled in. The City could move in right now and clean up these areas if the funds were available. The Engineering Department has made several recommendations to the City Council outlining what it would cost to clean out some of these areas, such as the Bell, Patter and Tarabusi Drains but the problem is there are no funds available for this and so no program has been set up to do so. Mr. Milligan stated that if this Commission denied this particular petition and the people who petitioned went and appealed to the City Council it is possible that funds may be made available to clean up this area. Mrs. Foor asked as long as the City is telling them what they can do with their lsnd, what has the City or the Council done to help them in the tax department? Mr. Milligan answered he was not sure but he did think that there is a difference in taxes for valley land and flood land. This would have to be checked with the City Assessor. Mrs. Foor stated they have a contract with Mr. Rogers for a year, they would like an answer tonight. Upon a motion duly made by Mr. Cameron, supported by Mr. Angevine, it #3-33-63 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, March 5, 1963 the City Planning Commission does hereby deny Petition M-275 by Martin A. Brennan, Jr. for Chas.J. Rogers requesting approval to fill in a flood plain on property located on the south side of Six Mile Road between Savoie and Harrison, for the reasons as outlined in the letter dated February 25, 1963 1[4: from the Engineering Department and also because it is in violation of Section 4.15 of the Zoning Ordinance of the City of Livonia. Mr. Milligan informed the petitioners that if the motion for denial is carried, they will have the right to appeal to the City Council and at that time it would 3677 wise to ask : for help with the mosquitoes. A roll call vote on the foregoing resolution resulted in the following: 11710 AYES: Cameron, Allen, Anderson, Okerstrom, Angevine and Milligan NAYS: None Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is Application TA-93 by Frank Volk & Adolph Roveek seeking approval to remove topsoil from property located on the south side of Six Mile Road approximately halfway between Farmington and Newburgh Roads, and/or 600 feet west of Riverside Drive (Burton Hollows Subdivision #3) in the proposed Golfview Meadows Subdivision in the Northeast 1/4 of Section 17. Mr. Okerstrom stated it has been the practice of this commission not to allow any topsoil to be removed on property that has not received approval for subdividing. It was determined that only the western half of the subdivision had been given approval. Mr. Milligan asked if there was anyone in the audience who wished to speak. 1170 The petitioners were not present. It was suggested that this item be taken under advisement until the petitioners . can be present to answer any questions found to be necessary. Upon a motion duly made by Mr. Okerstrom, supported by Dr. Allen, it was #3-34-63 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, March 5, 1963 at approximately 10:45 p.m. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Allen, Anderson, Okerstrom, Angevine and Milligan NAYS: None Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. Milligan called the 158th Special Meeting to order at approximately 10:47 p.m. with all those present now who were present at the time the public hearing was adjourned. Mr. McCullough announced the next item on the agenda is Request from Slatkin Builders for permission to build upon a lot in Country Homes Estates Subdivision located in the Northeast 1/4 of Section 17 previously held up at the Planning Commission's request. Mr. McCullough stated at the time the plat was given final approval, a condition was put into the approval that Lot #25 be designated as an outlot for a certain period. This was done in the event it was determined that there should be an additional east/west street to Newburgh Road. After a brief discussion it was determined that this outlot was no longer needed. 3678 Upon a motion duly made by Dr. Allen, supported by Mr. Anderson and unanimously adopted, it was #3-35-63 RESOLVED that, pursuant to a letter from the Slatkin Builders, Inc. , dated February 12, 1963 requesting the Planning Commission to release the Slatkins Builders from the condition not to build upon Lot #25 in the Country Homes Estates Subdivision for a period of two years as stated in Res. #10-174-61 dated November 2, 1961, the City Planning Commission does hereby release this lot for building purposes. Mr. Milligan delcared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was a request from the City Council to consider and discuss letter from the Meri-Lynn Civic Association in which they ask that Berwick Azenue be terminated just north of Grennada in the Meri-Lynn Farms Subdivision located in the Southeast 1/4 of Section 22. Mr. Charles A. Mellas, Secretary to the Meri-Lynn Civic Association explained the reasons for requesting that Berwick be terminated just north of Grennada. He stated that people were using Arden as a through street instead of Merriman and that just recently a small child was injured by one of the motorists going through the subdivision. They felt that the two routes provided access from Schoolcraft to Lyndon, namely Hubbard and Arden. Mayor Harvey Moelke,who arrived at this point, stated that the paving of Merriman was an item on the Council's agenda for tomorrow night's meeting. This would be from Schoolcraft to Eight Mile Road. It was felt that after Merriman was paved, it would eliminate most of the traffic existing on Arden - that the motorists would t hen use Merriman. After a brief discussion it was determined that this item should be discussed more fully at a study meeting. Mr. McCullough announced the next item on the agenda was a motion by theCity Planning Commission to hold a public hearing to determine whether or not to rezone certain property located on the east side of Middlebelt Road and north of School- craft in the Southwest 1/4 of Section 24 from R-1A and R3B to C-2. Upon a motion duly made by Mr. Cameron, supported by Mr. Angevine and unanimously adopted, it was #3-36-63 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 hearirg be held to determine whether or not to rezone the following: That part of the Southwest 1/4 of Section 24, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan described as beginning at the Southwest corner of said Section 24 and proceeding thence N. 0° 32' 50" W. along the West line of said Section, 1,194.05 feet; thence N. 89° 57' 30" E, 1,317.70 feet; thence S. 0° 25' 45" E, 1,194.77 ft. to the South line of said Section; thence S. 89° 59' 30" W. along said South line 1,315.43 feet to the point of beginning, and • 3679 from R-lA (One-Family Residential) and R-3B (Multiple Dwellings) to C-2 (Commercial Business). This property is located immediately north of Schoolcraft and immediately east of Middlebelt Road on the corner of Schoolcraft and Middlebelt Roads in the Southwest 1/4 of Section 24, 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. Milligan declared the motionis carried and the foregoing resolution is adopted. Mr. McCullough announced 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 vacant property located on the South side of Plymouth Road between Merriman and Hubbard in the Northeast 1/4 of Section 34 from C-1 to P. Upon a motion duly made by Mr. Okerstrom, supported by Dr. Allen and unanimously adopted, it was #3-37-63 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 II: determine whether or not to rezone the following: Lots #225, 226, 227, 228, 240 and 241 of the Rosedale Gardens Subdivision #1 located in the Northeast 1/4 of Section 34, from C-1 (Local Business) to P (Parking). This property is located on the south side of Plymouth Road between Cranston and Ingram in the Northeast 1/4 of Section 34, RESOLVED that, a hearing be held and notices 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 there on to the City :Council. Mr.Milligan declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Cameron, it was #3-38-63 RESOLVED that, the City Planning Commission does hereby approve the minutes for meetings held on Tuesday, January 29, 1963 and February 5, 1963 except for that person who was not present, he abstain from voting. j I: 1 3680 AYES: Anderson, Okerstrom, Angevine and Milligan NAYS: None NOT VOTING: Cameron and Allen 1 ( 1 Mr. Milligan 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 #3-39-63 RESOLVED that, final plat of Koloff's Sunnyside Estates Subdivision #2 located in the Southeast 1/4 of Section 20 and the Southwest 1/4 of Section 21 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 on March 1, 1960; 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 June 3, 1960 and November 17, 1961; and it further appearing that a cash bond in the amount of $12,000.00 to cover the installation of improvements pursuant to Council Resolution #837-61 and amended by Council Resolution #890-62, has been filed in the office of the City Clerk under date of March 5, 1963; such bond having been approved by Charles J. Pinto, Assistant City Attorney on March 5, 1963 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. s Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. There was a brief discussion at this time relative to the Steven Brian Subdivision located on Lyndon Avenue in the west half of Section 20. This subdivision had become null and void due to the fact that the developers had failed to come in for an extension of time on their approval within a year after preliminary approval had been given on said subdivision. It was determined that this item would be discussed further at a study meeting. Upon a motion duly made by Dr. Allen, supported by Mr. Cameron and unanimously adopted, the City Planning Commission does hereby adjourn the 158th Special Meeting held on Tuesday, March 5, 1963 at approximately 11:05 p.m. CITY PLANNING COMMISSION ""t" 1- itiZar--74"1 Obert L. Ange e, Secretary li: ATTESTED. R Edward G. Milligan, Vice-Chas (Chairman, pro-tem)