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HomeMy WebLinkAboutPLANNING MINUTES 1965-11-02 4611 MINUTES OF THE 212th SPECIAL MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, November 2, 1965, the City Planning Commission of the City of Livonia, held the 212th Special Meeting and Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Donald Heusted, Vice-Chairman, called the Public Hearing to order at approximately 8:40 p.m. with approximately 20 interested persons in the audience. Members present: Raymond W. Tent Donald C. Pollock John J. Ward T. Myra Chandler Donald Heusted Harry Wrightman Bob R. Whitehead Members absent: Charles W. Walker James Cameron Messrs. Don Hull, Planning Director; John J. Nagy, Assistant Planning Director; Daniel Andrew, Industrial Development Coordinator; Harry Tatigian, Assistant City Attorney; Charles J. Hurbis and David A. Perry, Assistant City Attorneys; Milton Holley, City Assessor were present. Mr. Whitehead announced the first item on the agenda is Petition 65-9-1-36 by the City Planning Commission requesting to rezone property located on the south side of Lyndon Avenue and Lyndon Avenue extended westerly between the northerly extension of Melvin Avenue and Henry Ruff Road in Section 23 from R-3 to R-3-B. Mr. Hull advised the Commission members of the requirements of the Zoning Ordinance on the A, B and C house sizes. Mr. Heusted questioned if the purpose of this petition is to keep the house sizes proposed for this area comparable to the existing homes. Mr. Hull replied, yes. Mr. Roy Valleskey, 14378 Melvin, requestAd to know what the restrictions on the existing homes were when they were built. Mr. Hull stated that the original requirements called for a minimum of 1,000 square feet for one-story, and one-and-a-1 alf story and two-story homes. Mr. Heusted announced that this item would be taken under advisement since there was no one else present wishing to be heard regarding this petition. Mr. Whitehead announced the next item on the agenda is Petition 65-9-1-34 by the City Planning Commission requesting to rezone property located on the south side of Five Mile Road, just east of the City Hall in Section 22, from C-2 to PS. 4 :here being no one present wishing to be heard either for or against this petition, Mr. Heusted announced that this item would be taken under advisement. 4612 Mr. Whitehead announced the next item on the agenda is Petition 65-9-1-35 by the City Planning Commission requesting to rezone property located on the east side of Newburgh Road, approximately 1,030 feet forth of Plymouth Road in the Southwest 1/4 of Section 29, from RUF to M-1 Mr. Heusted announced that a petition containing approximately 75 names had been received in opposition to this rezoning petition. Mr. Kenneth Warren, representing certain property owners in the area as indicated on petition dated as having been received on September 7, 1965, stated that since there were not that many homes in the area he did not see how 75 names could appear on a petition opposing this rezoning. Mr. Warren stated that he had obtained 23 signatures of homeowners who were in favor of rezoning to M-1; that deed restrictions have been lifted which required the consent of 51% of the property owners. Mr. Wrightman asked if these people were residents in the area, and Mr. Warren replied yes. Mr. Tent questioned if the largest percentage of these people lived on the property. Mr. Warren replied, no, that 50,E of the property is vacant. Mr. Ward asked to know how many people who reside in the area now signed the petition. Mrs. Evangeline Howell, 11970 Newburgh, stated at this time that two families who C signed the petition were now sorry they had done so, and that the people who live in the area feel that the matter had been misrepresented by Mr. Warren and that people were talked into signing the petition. Mr. Tent questioned if bulldozing operations have been carried out on the property. Mr. Warren stated that the property had to be cleaned up and that only that has been done -- the property has been cleared. Mr. Warren also stated that he had signatures of people who had no objection to this rezoning at the time they signed the petition which included owners of lots 1 and 2; 3 and 4; 5 through 10; lots 11, 12, 13, 14, 16, 17, 23, 24, 25, 28, 29 and a portion of lot 30. Mr. Thomas Beaty, Jr., 12312 Newburgh (lots 3 & 4), stated that in addition to lots 3 & 4 he owns lots 5 through 10, and that he did not realize the issue when he signed the petition. Mr. Pollock advised Mr. Warren that it was his impression when Mr. Warren first cams in with this proposal, that there were no dissenters; that the entire matter had been resolved financially with the people in the area. Mr. Warren stated that Mr. Pollock must have misunderstood him. Mrs. Grace Hunt, 12030 Newburgh (lot 15), stated that she was very much opposed to rezoning to M-1 and that she did not want a factory to built next to her home. She was told that a wood shop would be built on lot 14 and that other lots had also been zoned industrial. Mrs. Lillian Thompson, 11962 Newburgh (lot 19 & 20), stated that she owns one of the vacant lots and has never been approached regarding the property. She stated that she considered this spot zoning and couldn't understand why it was planned this way. 4613 Mr. Hull questioned Mr. Warren if he had signatures of any of the people who live on the property zoned RUF. Mr. Warren replied yes, that 80% of the property owners had signed the petition. Mr. Hull stated that most of them owned land already zoned non-residential. Mrs. Lillian Deering, 11943 Newburgh, stated that Mr. Warren had not approached the homeowners on property near where this factory is proposed to be built, but that he approached property owners at either end of the area. Mrs. Howell indicated on the projected map the area where the proposed factory will be built and described the homes in the area as being well kept and large, and repeated that several people who had signed the petition were sorry now that they had. Mr. Ward pointed out the fact that this property is surrounded by industrial zoning and that if the Commission does not grant this rezoning at this time the inevitable was merely being postponed. Mrs. Howell stated that all the real estate companies were called and all stated that their property value would go down if this land was rezoned. There is so much M-1 land available in the City that small factories will not compensate at a fair price. Mr. John Hollander, 11961 Newburgh, raised the question as to whether small lots like these would be able to accommodate the required parking if they were built upon. Mr. Hull advised that the requirements of the Ordinance regarding parking would have to be met. Mr. Milton Holley, City Assessor, raised question as to whether or not notification of this rezoning petition had been done in accordance with the Zoning Ordinance. Mr. Holley felt that the tax rolls used in the notification process were not up to date. Mr. Tatigian advised the Commission that under the present Zoning Ordinance written notice of zoning changes need not be given to owners of property, however, under Ordinance No. 60 this was a requirement. He stated that he would like to point out to the members of the Planning Commission that the Zoning Ordinance, as recently enacted, is in accordance with State law which merely requires that written notice be given to certain utilities; and further, Mr. Hull, as a matter of policy, has decided to give written notice to property owners, but this is beyond what is required. Mr. Tatigian stated that he concurred with Mr. Hull' s decision to notify property • owners, but he did not want the Planning Commission members to be misled by Mr. Hollers statements or any part of the Ordinance. Mr. Tent referred the Commission members and Mr. Hollander to Section 18.34 (24) of the Zoning Ordinance, Ordinance No. 543, regarding parking requirements for industrial establishments. I Mr. Heusted announced that this item would be taken under advisement. 4614 Mr. Whitehead advised that the next item on the agenda is Petition 65-8-7-2 by the City Planning Commission requesting to amend Part V of the IL Master plan, the Master School and Park Plan, so as to include the Junior High School site in the Northwest 1/4 of Section 17, as a park site. There being no one present wishing to be heard with regard to this Petition, Mr. Heusted announced that this item would be taken under advisemat. Upon a motion duly made by Mr. Ward, seconded by Mr. Weightman and unanimously adopted, it was #11-185-65 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, November 2, 1965, at approximately 9:30 p.m. * * * * * * * * Mr. Heusted, Vice-Chairman, called the 212th Special Meeting to order at approximately 10:00 p.m. with approximately the sane number of interested persons in the audience as were present at the Public Hearing. Mr. Heusted announced that because of the large number of people in the audience who were interested in Petition #65-9-1-35 and if there were not objections that item would be taken up first. 11; Mr. Whitehead announced the first item on the agenda is Petition 65-9-1-35 by the City Planning Commission requesting to rezone property located on the east side of Newburgh Road, approximately 1,030 feet north of Plymouth Road in the Southwest 1/4 of Section 29, from RUF to M-1. Mr. Weightman questioned Mr. Warren as to whether or not he knew of a definite manufacturer that is going to use this property, and if so, what type of operation will it be. Mr. Warren advised that he has a man that has money on deposit for four lots and will erect two plants, but did not know what type of operation will be inasmuch as it was set up on a speculator basis. Upon a motion duly made by Mr. Wrightman and seconded by Mr. Pollock, it was #11-186-65 RESOLVED that, pursuant to a Public Hearing having been held on November 2, 1965 on Petition 65-9-1-35 as submitted by the City Planning Commission requesting to rezone property located on the east side of Newburgh Road, approximately 1,030 feet north of Plymouth Road in the Southwest 1/4 of Section 29, from RUF to M-1, the City Planning Commission does hereby recommend to the City Council that Petition 65-9-1-35 be denied because of the conflict with the existing residential development in the area and FURTHER RESOLVED that notice of the above Public Hearing was published tiin the official newspaper, the Livonian Observer and City Post, under date of October 13, 1965, and notice of such hearing was sent to the Detroit Edison Company, the Cheasapeake and Ohio Railway Company, City Departments and petitioner, as listed in the Proof of Service. 4615 A roll call vote on the foregoing resolution resulted in the following: AYES: Pollock, Ward, Tent, Wrightman, Chandler, Whitehead, Heusted NAYS: None ABSENT: Walker, Cameron Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Whitehead announced that the next item on the agenda is Petition 65-9-1-36 by the City Planning Commission requesting to rezone property located on the south side of Lyndon Avenue and Lyndon Avenue extended westerly between the northerly extension of Melvin Avenue and Henry Ruff Road in Section 23 from R-3 to R-3-B. Upon a motion duly made by Mr. Tent and seconded by Mr. Wrightman, it was #11-187-65 RESOLVED THAT, pursuant to a public hearing having been held on November 2, 1965 on Petition 65-9-1-36 by the City Planning Commission requesting to rezone property located on the south side of Lyndon Avenue and Lyndon Avenue extended westerly between in the northerly between the northerly extension of Melvin Avenue and Henry Ruff Road in Section 23 from R-3 to R-3-B, the City Planning Commission does hereby recommend to the City Council that Petition 65-9-1-36 be approved for the following reason: 1r) (1) This house size will now be more compatible with the adjacent development, and FURTHER RESOLVED that notice of the above Public Hearing was published in the official newspaper, the Livonian Observer and City Post, under date of October 13, 1965, and notice of such hearing was sent to the Detroit Edison Company, the Che sapeake and Ohio Railway Company, City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Ward, Chandler, Tent, Wrightman, Pollock, Whitehead, Heusted NAYS: None ABSENT: Walker, Cameron Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Whitehead announced that the next item on the agenda is Petition 65-9-1-34 by the City Planning Commission requesting to rezone the property located on the south side of Five Mile Road, just east of the City Hall in Section 22, from C-2 to PS. Upon a motion duly made by Mr. Ward and seconded by Mr. Wrightman, it was li #11-188-65 RESOLVED that, pursuant to a Public Hearing having been held on November 2, 1965 on. Petition 65-9-1-34 as submitted by the City Planning Commission requesting to rezone property located on the south side of Five Mile Road, just east of the City Hall in Section 22, from C-2 to PS, the City Planning Commission does hereby recommend to the City Council that Petition 65-9-1-34 be approved for the following reasons: 4616 (1) Commercial development would not be in the best interest of the City in this area! (2) A large commercial development in this area could seriously conflict with the civic center, and FURTHER RESOLVED that notice of the above Public Hearing was published in the official newspaper, the Livonian Observer and City Post, under date of October 13, 1965, and notice of such hearing was sent to the Detroit Edison Company, the Cheaapeake and Ohio Railway Company, and City Departments as liated in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Chandler, Tent, Wrightman, Pollock, Ward, Whitehead, Heusted NAYS: None ABSENT: Walker, Cameron Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Whitehead announced that the next item on the agenda is Petition 65-8-7-2 by the City Planning Commission requesting to amend Part V of the Master Plan, the Master School and Park Plan, so as to include Parcel 17E1b1, E2a, located immediately adjacent to and east of the Junior High School site in the Northwest 1/4 of Section 17, as a park site. Iro, Upon a motion duly made by Mr. Tent and seconded by Mr. Wrightman, it was #11-189-65 RESOLVED THAT, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia having duly held a Public Hearing on November 2, 1965 for the purpose of amending Part V of the Master Plan of the City of Livonia, entitled "Master School and Park Plant' the same is hereby amended so as to incorporate Parcel 17Elbl, E2a, located immediately adjacent to and east of the Junior High School site in the Northwest 1/4 of Section 17, for a park site for the following reason: (1) There is a need for recreation facilities within this general area because of the anticipated high population density within this general area, AND having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of the Master School and Park Plan of the City of Livonia, which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission, with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk, and the City Planning Commission; and a copy shall also be forwarded to the Register of Deeds for the County of Wayne with the following certification contained thereon: nWe certify that the foregoing resolution was duly adoRted at a meeting of the City Planning Commission held on Tuesday, November 2, 1965 by the following nates 4617 A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Wrightman, Ward, Chandler, Whitehead, Heusted, Pollock NAYS: None ABSENT: Walker, Cameron Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Whitehead announced that the next item on the agenda is Petition 65-9-7-3 by the City Planning Commission requesting to adopt an amended and updated Part VI of the Master Plan, the Master Fire Station Plan, which would show the active fire stations, existing fire station sites and proposed fire station sites. Upon a motion duly made by Mr. Ward and seconded by Mr. Wrightman, it was #11-190-65 RESOLVED THAT, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amendedi the City Planning Commission of the City of Livonia, having duly held a Public Hearing on November 2) 1965 for the purpose of voidin the previously adopted Fire Station Plan and adopting a new Fire Station Plan as Part VI of the Master Plan of the City of Livonia entitled "Master Fire Station Plane, the Plan is hereby adopted to indicate the "location of active-fire stations, existing fire station sites and proposed fire station sites as follows: ACTIVE FIRE STATIONS Section 4 Parcel That part of the E. 1/2 of the S.E. 04,1,141/4 of Sec. 4 T. 1 S., R.9 E., City of Livonia, Wayne County, Mich. Described as beginning at a point - distant N. Q0 0' -50"T W along said line 900.0 ft. -from the-S.E. cor. of Sec. 4 and proceeding thence S. 89° 571 10" W 276.20 ft.; thence S 0° 00' 50" E, 75.0 ff.;-thence S 89° 57' 10" W, 225.0 ft.; thence N 0° 001 50" W, 180.0 ft.; thence N 89° 571 -lO" E, 501.20 ft. To the E line of Sec. 4; thence S 0° 00v 501 E along said line of Sec. 4; thence S 0° 001 50" E along said line 105.0 ft. to the point of beginning. 1.59 acres Section 25 Parcel That part of the S.W. 1/4 of Sec.25, 25Nla T.1.S., R.9 E., City of Livonia, Wayne County, Mich„ Described as beginning at a point on the W. Section line distant S. 0° 331 5011-W, 583.78 ft. from-the W 1/4 corner of Sec. 25 and proceeding thence S 89° 381 201 E, 360 ft.; thence S 0° 331 54" W, 250-ft:; thence N 89° 38' 20" W. 360 ft., thence N 0° 331 50" E along the Vi Section line 250 ft. to the point of beginning. 2.07 acres. 4618 Section 34 Parcel That part of the N.W. 1/4 of Sec. 34 34Flalalal T.1.S., R.9 E., City of Livonia; Wayne County, Michigan, Described as beginning at a point on the E line of Farmington Road distant-S 0° 54' 16" W along the W Section line, 786.02 ft. and S 88°-39' 40 E, 60.0 ft. from the N.b�. corner of Sec. 34 and proceeding thence S 88° 39' 44" E, 123.93 ft.; thence S 1° 181 46" W, 110.0 ft:; thence N 88° 391 44" W, 123.15 ft.; thence N 00 54t 16" E, along the E. line of Farmington'Road, 110.0 ft. to-the point of beginning. 0.31 acre. EXISTING FIRE STATION SITES Section 12 Parcel The North 150 ft. of the South 180 ft: 12838b1 of the N.W. 1/4 of the S.W. 174 of the N.W. 1/4 of the N.W. 1/4 of Sec. 12 T.1 S., R. 9 E., City of Livonia, Wayne County, Michigan, Except the West 60 ft. thereof. 0.92 acre. Section 22 That part of vacated Grennada Park Subdivision N . 1, as recor. ed in Liber 54, rage 77, Wayne County Records, described as beginning at a point on the E. Tine of Farmington Road (93 ft. wide) distant S. 1° 254 W, 1467.35 ft. and S. 88° 324"30" E, 60.0 ft. from the N.W. corner of Section 22, T.1 S., R. 9 E., City-5f Livonia,`Wayne County, Michigan proceeding thence S. 88° 324 30" E, 350.0 ft;-thence S. 1° 254 W., 250.0 ft.; thence N. 880 32' 30" W, 350.0 ft: to the E. line of Farmington Road; thence N. 1° 254 W along said-'E. line, 250.0 ft.-to the point of beginning. 2.009 acres net. Section 30 Parcel Lots 530, 531 and 532 Supervisor's 30b530 Livonia Plat No. 9 of part of the 531,532 S.E. 1/4 of Sec. 30, T'.1 S, R.9 E., City of Livonia, Wayne County, Mich. PROPOSED FIRE STATION SITES Section 5 Parcel That part of the S.W. 1/4 of Sec. 5, 05C1b2b2 T. 1-S., R. 9 E., City or Livonia, (partial) W yne County, Michigan descrited as beginning-at a point on the West line of said section distant North 925.40 1[40 ft. from tie southwest corner of said sec. ;; thence N. 89° 064 E; 3t0.00 ft.; thence south 200.00 ft.; thence S. 89° 064 W: 300.00 ft.`'to`'the West line of said Section ;; thence North 200.00 ft. along said West line 200 ft. to the point of beginning. 4619 Section 14 Parcel That part of the S.E. 1/4 of Sec. 14, - 14W T. 1 S., R. 9 E., City of"Livonia; Wayne (Partial) County, Michigan, described as the south 200 ft. of the east 300 ft. of Bureau orraxation parcel 14W,-Wayne County Records; said-parcel being more partic:n1arly described as follows: The soutH 1/2 of the S 1/2 of the N.E. 1/4 of the S.E. 1/4 of Section 14, - T.1 S., R.9 4., City of Livonia, Wayne County, Michigan Section 17 Parcel That part of the S.W. 1/4 of Sec. 17, 17L1L2a T. 1-S., R. 9 E., City of Livonia, (Partial) Wayne County, Mich. described-as beginning-at a point on the West line of said section distant due north 657.69 ft. from the Southwest corner of-said Section 17 and proceeding thence due North along the West line 175.00-ft:; thence due East 300.00 -4 " ft. thence due South 175.'i0 It.; thence due West 500.00 ft. to the West line of said Section 17 which is the point of beginning. for the following reasons: r (1) The Plan, as proposed, will adequatkly serve the fire protection needs of our City, (2) The plan conforms-to the standards established by fire protection agencies; and - FURTHER RJSOLVSD that, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amendedL the City Commission does hereby adopt said Plan as Part VI of the Master Plan oftheCity o Livonia, which is incorporated herein by reference, the same having bePn adopted by resolution of the City Planning Commission, with all amendments thereto, and further that this amendment shall bP filed with the City Council, City Clerk and the City Planing Commission; and a copy shall also bP forwarded to the Rigister of Deeds for-thee County of Wayne with the following certification contained thereon: t+Ile certify that the foregoing resolution-was duly adopted at a mePting of they City Planning Commission held on Tuesday, November 2, 1965, by the following vote: A roll call on the foregoing resolution resulted in the following: r AYES: Tont, Wrightman, Pollock, Ward, Chandler, Whitehead, Heusted NAYS: None ABSENT: Walker, Cameron M . Heusted, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. 4.620 Mr. Whitehead announced that the next item on the agenda is Petition 65-10--4-6 the final approval of Dover Courts Subdivision, located north of Joy Road between Hix and Eckles Road in the Southwest 1/4 of Section 31. Mr. Hull advised the commission that we still do not have the bond because of the delay by the Engineering Department in checking over the engineering plan, and that it is his recommendation that this hardback be approved but that it not be transmitted to Council until Proof of financial obligation has been received. Upon a motion duly made by Mr. Ward and seconded by Mr. Wrightman, it was #11-191-65 RESOLVED that the final plat of Dover Courts Subdivision, located north of Joy Road between Hix and Eckles Road in the Southwest 1/4 of Section 31, be given final approval for the following reasons: (1) It is consistent with the previously approved preliminary plat, C2) The required financial obligation of the City has been met, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission under Resolution #11-344-59 adopted on November 10, 1959; and it further appearing that said,proposed L plat together with plans and specifications for improvements therein have been approved by the Department of Public Works, Engineering Division, under date of October 26, 1965; and it further appearing that the financial assurances required in City Council Resolution No. 1046-65 adopted on November 3, 1965 have been filed with the City Clerk as confirmed by a letter dated December 3, 1965, from Addison W. Bacon, City Clerk, it would therefore appear that all conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. A roll call vote on the foregoing resolution resulted in the following: AYES: Pollock, Ward, Chandler, Tent, Wrightman, Whitehead, Heusted NAYS: None ABSENT: Walker, Cameron Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Whitehead announced that the neat item on the agenda is Petition 65-10-4-', final approval of Idyl Hills Estates Subdivision # 3, located west of Ashurst Road and north of Five Mile Road in the Southwest 1/4 of Section 16. Upon a motion duly made by Mr. Whitehead and seconded by Mr. Wrightman, it was 41 #11-192-65 RESOLVED that Petition 65-10-4-8, the final plat of Idyle Hills Estates Subdivision # 3, located west of Ashurst Road and north of Five Mile Road in the Southwest 1/4 of Section 16, be given final approval for the following reasons: 4621 (1) It is consistent with the previously approved preliminary plat, (2) The required bond has been established with the City, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission under Resolution #4-74-65 adopted on April 20, 1965; and it further appearing that said proposed plat together with plans and specifications for improvements therein have been approved by the Department of Public Works, Engineering Division, under date of July 12, 1965; and it further appearing that the financial assurances required in City Council Resolution No. 726-65 adopted on July 28, 1965 have been filed with the City Clerk as confirmed by a letter dated August 5, 1965 from Addiston W. Bacon, City Clerk, it would therefore appear that all conditions necessary to the release of building permits have been met and the building Department is hereby so notified. A roll call vote on the foregoing resolution resulted in the following: AYES: Chandler, Tent, Wrightman, Pollock, Whitehead, Heusted NAYS: Ward ABSENT: Walker, Cameron Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. I Mr. Whitehead announced that the next item on the agenda is Petition 65-8-1-11 by the City Planning Commission requesting the rezoning of property located on the Southeast corner of Six Mile Road and Hubbard Road in the Northeast 1/4 of Section 15, from RUFC to R-5. Mr. Heusted announced that a letter dated November 2, 1965 has been received from Mr. Ponder, Attorney for Curtis Builders, requesting that this petition be withdrawn. Upon a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #11-193-65 RESOLVED that, the City Planning Commission does hereby grant a request dated November 2, 1965 from William Ponder, Attorney for Curtis Builders, to withdraw Petition 65-8-1-11 as submitted by the City Planning Commission requesting the rezoning on property located on the Southeast corner of Six Mile Road and Hubbard Road in the Northeast 1/4 of Section 15, from RUFC to 1-5. A roll call vote on the foregoing resolution resulted in the following: AYES: Chandler, Tent Wrightman, Pollock, Ward, Heusted, Whitehead NAYS: None ABSENT: Walker, Cameron Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. 4622 Mr. Whitehead announced the next item on the agenda is Petition 65-9-4-3, preliminary plat approval of Lou-Har Subdivision proposed to be located on the south side of Lyndon Avenue between Middlebelt Road and Henry Ruff in the Southeast 1/4 of Section 23. Upon a motion duly made by Mr. Whitehead and seconded by Mr. Wirghtman, it was #11-194-65 RESOLVED that, pursuant to a Public Hearing having been held on September 21, 1965, the City Planning Commission does hereby recommend to the City Council that the preliminary plat of Lou- Har Subdivision proposed to be located on the south side of Lyndon Avenue between Middlebelt Road and Henry Ruff in the Southeast 1/4 of Section 23, be approved for the following reasons: (1) It is compatible with the adjacent development, (2) It is of sufficient calibre to justify our approval, and FURTHER RESOLVED that, notice of the above hearing was sent to the abutting property owners, proprietors, 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 and Recreation Department and members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: 1[140 AYES: Tent, Wrightman, Pollock, Ward, Chandler, Whitehead, Heusted NAYS: None ABSENT: Walker, Cameron Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Whitehead announced that the next item on the agenda is Petition 65-8-3-1 by the City Planning Commission requesting the vacation of property located south of Lyndon and west of Farmington Road in Section 21. (Grennada Park Subdivision). Mr. Hull advised the Commission that the action taken on this petition tonight will not be the final action; that their recommendation will be transmitted to Council and subsequent action by the Circuit Court will be required to vacate this plat. Upon a motion duly made by Mr. Ward and seconded by Mr. Wrightman, it was #11-195-65 RESOLVED that, pursuant to a Public Hearing having been held on September 21, 1965, on Petition 65-8-3-1 as submitted by the City Planning Commission requesting the vacation of property located south of Lyndon and west of Farmington Road in Section 21. (Grennada Park Subdivision), the City Planning Commission does hereby recommend to the City Council that Petition 65-8--3-1 be approved and that the Grennada Park Subdivision by vacated with the exception of Stark, Lyndon and Farmington Roads for the following reason: 4623 (1) This action will make the official map of the City more consistent with the existing land use. A roll call vote on the foregoing resolution resulted in the following: AYES: Wrightman, Pollock, Ward, Chandler, Tent, Whitehead, Heusted NAYS: None ABSENT: Walker, Cameron Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Whitehead announced that the next item on the agenda is Petition 65-8-1-29 by Donald and Nettie Frick requesting the rezoning of property located on the west side of Middlebelt Road, approximately 660 feet south of Seven Mile Road in Section 11, from R-5 to C-2 for erection of Commercial buildings. Upon a motion duly made by Mr. Ward and seconded by Mr. Tent, it was #11-196-65 RESOLVED that, pursuant to a Public Hearing having been held on September 21, 1965 on Petition 65-8-1-29 as submitted by Donald and Nettie Frick requesting the rezoning - of property located on the west side of Middlebelt Road, approximately 660 feet south of Seven Mile Road in Section 11, from R-5 to C-2 for erection of commercial buildings, the City Planning Commission does hereby recommend to the City Council that Petition 65-8-1-29 be denied for the following reasons: (1) It does not conform to the overall land use plan of the area. (2) The C-2 zoning category permits uses that could conflict with the existing and proposed development within this general area. (3) The C-2 zoning category permits uses that would not be logical on a parcel of this size (1 + acre); and FURTHER RESOLVED that notice of the above Public Hearing was published in the offics 1 newspaper, the Livonian Observer and City Post, under date of September 1, 1965, and notice of such hearing was sent to the Detroit Edison Company, the Chesapeake and Ohio Railway company, City Departments and petitioner, as listed in the Proof of Service. Mr. Ward commented that he is personally interested in preserving the integrity of the area around the Livonia Mall and that any development in this area should be of a high quality. Mr. Tent verbally complimented the Planning Department on the excellence of the Livonia Mall Study and commented that if the Study can be adhered to the development of the Livonia Mall area would be of high quality. Mrs. Chandler questioned if there had been any public indication as to what this property would be used for. Mr. Hull replied that nothing too specific had been indicated. 4624 A roll call vote on the foregoing resolution resulted in the following: AYES: Pollock, Ward, Chandler, Tent, Wrightman, Whitehead, Heusted NAYS: None ABSENT: Walker, Cameron Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing resnlution is adopted. Mr. Whitehead announced that the next item on the agenda is Petition 65-10-4-9, final approval of Burton Share Industrial Subdivision, located in the Southwest 1/4 of Section 29, bounded on the north by the south line of Broadmoor Acres Subdivision, on the east by Levan Road, on the south by Plymouth Road, and on the west by the east line of parcel 29N1. Mr. Hull stated that this Subdivision does not require a bond because all .improvements have been installed and that transmittal of resolution be held up until all paper work is done. Mr. Warren stated that he is representing clients on property adjacent to this property and that if sand is removed from this area according to plan all the property on the north line will be high. He stated that he has been trying to negotiate with the sand man, but has not been successful. Mr. Hull advised the Commission that it is not the Commission's prerogative to control this operation. Mr. Pollock questioned if Mr. Warren's argument then, was with the Engineering Department. Mr. Hull stated that the Council controls the standards of construction, street grades, street widths, etc., through recommendation from the Engineering Department. Upon a motion duly trade by Mr. Ward and seconded by Mr. Wrightman, it was #11-197-65 RESOLVED that, Petition 65-10-4-9, final plat approval of Burton-Share Industrial Subdivision, located in the South 1/4 of Section 29, bounded on the north by the south line of Broadmoor Acres Subdivision, on the east by Levan Road, on the south by Plymouth Road, on the west by the east line of parcel 29N1, be given final approval for the following reasons: (1) The final Subdivision plat is consistent with the previously approved preliminary plat. (2) The financial obligations have been met. FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission under Resolution #7-129-65 adopted on July 16, 1965; and it further appearing that said proposed plat together with plans and specifications for improvements therein have been approved by the Department of Public Works, Engineering Division, under date of November 15, 1965; and it further appearing that the financial assurances have been filed with the City Clerk as confirmed by a 4625 letter dated November 18, 1965 from Addison W. Bacon, City Clerk, it would therefore appear that all conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. Mr. Andrew, Industrial Development Coordinator, stated for the record that this plat does not adjoin the property referred to by Mr. Warren. Mr. Pollock requested clarification as to this being an Engineering problem and that Mr. Warren should check it out with that department. Mr. Tent questioned if there will be provisions for sidewalk treatment on this property and under whose jurisdiction will this matter fall. Mr. Hull advised that this would also be a natter of the Engineering Department's concern. He stated that there has been no subdivision plan for Plymouth Road for a long time and it was his opinion that sidewalk treatment should be the responsibility of the developers and that this point should be applied for all Plymouth Road developments. A roll call vote on the foregoing resolution resulted in the following AYES: Ward, Chandler, Tent, Wrightman, Pollock, Whitehead, Heusted NAYS: None ABSENT: Walker, Cameron Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Whitehead announced that the next item on the agenda is a formal resolution to the Civil Service Commission regarding City Planning Department personnel. Mr. Hull stated to the Commissioners that two people in the City Planning Department have been performing services beyond their present classification and compensation, and it was his opinion and desire that the Civil Service Commission make a study of their -esponsibilities and reclassification tot he new positions which have been included in the new budget, Mr. Hull informed the Commission that letters outlining these points and his recommendations had been sent to the Civil Service Commission on September 21, 1965. Upon a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #11-198-65 RESOLVED that, the City of Livonia Planning Commission does hereby unanimously concur with the recommendation of the Planning Director in requesting the reclassification and promotion of Mrs. Audrey Huhtelin and Mr. Ralph Bakewell; and FURTHER RESOLVED that, these two people have served the Planning Department and Commission in an exemplary manner and deserve additional recognition and compensation in the amounts specifically recommended by the Planning Director; THEREFORE, the City Planning Commission hearily recommends this action which has been sanctioned by both the Mayor and City Council. AYES: Chandler, Tent, Wrightman, Pollock, Ward, Whitehead, Heusted NAYS: None ABSENT: Walker, Cameron Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. 4626 Mr. Whitehead s'inounced that the next item on the agenda is a bond release in connection with TA-77, Top Soil Permit Application, for Raney Brothers, 25883 Joy. Road, Dearborn, Michigan, for removal of top soil from land on the south side of Five Mile Road between Gary Land and Fairlane in the Northwest 1/4 of Section 21, City of Livonia, Mr. Whitehead read the letter from Frank A. Kerby, Acting Chief Inspector, dated October 25, 1965, to the City Planning Commission, recommending that the bond filed in connection with this operation be released. Upon a motion duly made by Mr. Whitehead and seconded by Mr. Tent, it was #11-199-65 RESOLVED that, pursuant to the recommendation and report of the Bureau of Inspection dated October 25, 1965, the City Planning Commission does herein authorize the release of the bond dated November 14, 1965 in the amount of $3,500 by the St. Paul Insurance Company No. 400PD 5596, posted with the City in connection with topsoil removal operations performed under Permit No. 75 (Application TA-77) issued to Raney Brothers of 25883 Joy Road, Dearborn, Michigan; it appears from the above report that all Ordinances, 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Wrightman, Pollock, Ward, Chandler, Whitehead, Heusted NAYS: None ABSENT: Walker, Cameron Mr. Heusted, Vice-Chairman declared the motion is carried and the foregoing resolution:: is adopted. Upon a mo'.. on duly made by Mr. Wrightman and seconded by Mr. Ward, it was #11-200-65 RESOLVED that, the City Planning Commission does hereby approve the minutes of the meetings of August 31, 1965; September 7, 1965, and September 21, 1965. A roll call vote on the foregoing resolution resulted in the following: AYES: Wrightman, Pollock, Ward, Chandler, Whitehead, Tent, Heusted �. N..-�_.. None. ABSENT: Walker, Cameron Upon a motion duly made by Mr. Ward, seconded by Mr. Wrightman, and unanimously adopted, the City Planning Commission does hereby adjourn the 212 Special Meeting held on Tuesday, November 2, 1965, at approximately ln:30 p.m. CITY PLANNING COMMISSION 4/91chaisik Bob R. Whitehead, Secretary A^_ESMD. // D. d E. Heus ed, Vice- hairman