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HomeMy WebLinkAboutPLANNING MINUTES 1965-11-30 4627 MINUTES OF THE 177th REGU/ .a MEETING and A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, November 30, 1965, the C'::ty Planning Coma;r-:'on, of the City of Livonia, held the 177th Regular Meeting and Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Walker, Chairman, called the Public Hearing to order at 8:30 p.m. with approximately 30 interested persons in the audience. Members present: Donald Heusted James Crmeron Charles W. Walker Bob R. Whitehead Myra Chandler Harry Wrightman Raymond W. Tent Members absent: Donald Pollock John J. Ward Messrs. Don Hull, Planning Director: John J. Nagy, Assistant Planning Director; Charles Perry, Assistant City Attorney; Harry Tatigian, City Attorney, were present. Mr. Whitehead announced the first item on the agenda is Petition 65-10-1-37 by Harold Thomas requesting to rezone property located between , Beatrice and Middlebelt Road, approximately 671 feet south of 1EFive Mile Road, in the North 1/2 of Section 23 from FUFA to C-2. Mr. Walker referred to two letters concerning this petiton contained in the fila, on addressed to the City Planning Commision from W illian N. Ponder, esswdated No mb eated er 23, 1965, stating that other items may be handled additional C-2 zoned space; and one dressed to 19658afrom Stanleyhe E.Cand Gladys Hayes,n of the awhich Commission, dated November 27, indi^.ated their approval of this petition. Mr. Ponder, Attorney representing the peitioners, was present and stated that Mr. Thomas is seeking additional C-2 zoned property to accommodate a proposed expansion of his present business and that he is contemplating erecting an addition to his present building that would perhaps extend into the adjacent property. In addition to nursery items, Mr. Ponder stated that other equipment, such as lawnmowers, etc. would be sold, and that the owners of the property directly behind Mr. Thomas have agreed to sell 265 feet from the rear of their lots to him. Mr. Tent questioned if the petitioner's intended use of additional C-2 property was for the sale of items directly related to the nursery business or could he also erect an establishment such as a discount store on this additional C-2 property. Mr. Ponder replied that he could erect such a business on additional C-2 property, but he could also do this on the existing C-2 propetty. Mr. Tent questioned if Mr. Thomas intended to erect a new building on this property li: or to make an addition to the existing building. Mr. Ponder replied that Mr. Thomas has not yet made up his mind on that point. Mrs. Chandler asked about the feelings of the people who own the property in question aed if Mr. Thomas has an option on the land. • 4628 Mr, Ponder advised that Mr. Thomas has an option on the property conditioned upon his ability to have it rezoned. Mr. Walker questioned if there were homes on all of the lots. Mr. Ponder answered, yes. Mr. Walker asked if the property was being used for storage. Mr. Ponder replied no, but on being advised to the contrary by persons in the audience apologized and said that it was his understanding that the property was not being used for storage. Mr. Hull advised the Commission that if Mr. Thomas own the property he is within his rights to use it for storage. Mr. August Daniel, 29568 Linda, indicated an objection to the rezoning of ':his property because he feels this business will lower the value of his property. Mr. Sigmund Erdody, 29520 Linda, stated that he does not agree'with Mr. Danieland feels that if shrubs and evergreens are planted for later sale, they would certainly be well taken care of and an agreement could be made containing a clause prohibiting any use that would degrade the area. Mr. James Hosey, 14954 Flamingo, stated that he is an objector to the petition and referred to zoning restrictions that are in effect until 1972. Mrs. Jane Nulph, 14926 Beatrice, stated that she favors the petition because farming the area is no longer possible and feels that Mr. Thomas will improve the prIperty by planting trees and shrubs as a greenbelt. Mr. Walker stated that unless Mr, Thomas could attain a waiver and be allowed to erect a greenbelt, he would be requested to build a masonry wall between the corner, commercial and residential property. Mr. Ed Young, 30245 Hoy, raised the question as to whether the property remaining would continue to be in the RUF zoning category. Mr. Walker stated that the area of each lot would have to be checked to make sure the RUF property would have a balance of area that would conform to the RL7 requirement of the Zoning Ordinance. Mr. Walker stated that this item would be taken under advisement. Mr. Whitehead announced that the next item on the agenda is Petition 65-10-7-4 by the City Planning Commission to determine whether or not to amend Part V of the Master Plan, the Master School and Park Plan, so as to include parcel 21GG, located on the west side of Farmington Road, approximately 1,000 feet north of Schoolcraft Road in Section 21, as a park site. (5.0 acres) Mr. Walker read a letter dated Septeipber 15, 1965 from the Parks & Recreation Commission requesting that the Planning Commise;on consider the southerly extension of Fdrde Field . • • 4629 Mr. Rodney Kropf, stated for the record that he strongly objected to the action by the City of Livonia in designating this property as a park site. Mr. Alden Sawyer, 14028 Stamford, requested to know if an agreement has been reached with a previous petitioner who'had requested a rezoning to C-2, which along with adjacent property to the south, had at one time previously been denied a rezoning to R-7, in order for it to be designated as a proposed addition to the City's Master Plan. Mr. Walker advised Mr. Sawyer that at the time the previous request for rezoning were made, the Planning Commission was making some studies in this area along with the Parks & Recreation Commission. It was called to the attention of the Planning Commission by the Parks & Recreation Commission that more land was needed for park in this area and members of the Planning Commission agreed that the request of the Parks & Recreation Commission has to be recognized. Mr. Walker stated that the Commission had never entered into any agreement with a petitioner. Mr. Sawyer questioned if the property would be given to the City in connection with C-2 zoning or will it be purchased. Mr. Walker stated that if the Commission members agreed that the property should be designated as a park site a recommendation for the purchase of the land would be made tothe Council, Mr, Sawyer stated his belief that this was an attempt by the petitioner to rezone the property to multi-family or to include the *tole parcel for C-2. Mrs, Chandler questioned Mr. Sawyer as to whether he is objecting as a private citizen or as a representative of someone. Mr. Sawyer stated that he is objecting as a private citizen, Mrs. Chandler asked if Mr. Sawyer felt the surrounding neighbors object to C-2 zoning or would they be in accord with C-2. Mr. Sawyer stated that he would say they would object to C-2. Mrs. Chandler questioned if Mr. Sawyer is suggesting that if we rezone this property to C-2, the five acres would be given to the City free of charge, and added for the record that the Commission has made no deal with anyone and that the whole parcel had not been '=ezoned because the property was needed for a park. Mr. Kropf stated, on behalf of the property owner, that he does not want this property designated for park. Mr. Walker stated that this item would be taken under advisement. Mr. Whitehead announced that the next item on the agenda is Petition 65-8-3-2 by Nicholas Ortopan requesting the vacation of an unused portion of old Schoolcraft Road which lies on the south side of Tax Item 19J2 in the Southwest 1/4 of Section 19, Mr, Abe A, Schmier, 2815 Cadillac Tower, representing Centri-Spray Corporation, stated for the record that he ojects to this petition because since 1959 4630 Ce^tri-Spray has been attempting to get the City of Livonia to improve and react'vate t. ".3 road but were unable to do so because of lack of funds. The use of th .s road is necessary to the 400 to 500 employees of the Centri-Spray Corporation in getting to Eckles Road and as an outlet to avoid a hazardous traffic condition created by ears coming across Eckles. 'Mr, Schmier referred to a letter dated November 23, 1965 from Osear Gunderson, Wayne County Road Commission, which waived jurisdiction of Old 8ehooibraf t Road, Mi, Walker stated that a letter dated November 23, 1965 has been received from Mayor Noelke requesting that petitions such as this be held in obeyance due to the proposed freeway. There being no others present wishing to be heard regarding this petition it was announced by Mr. Walker that this petition will be taken under advisement. Mr. Whitehead announced that the next item on the agenda is Petition 65-10-2-9 by Donald Lawrence requesting to be granted a waiver use petmit to erect a 43 bed addition to the present convalescent home, located on the northeast corner of Ann Arbor Trail and Stark Road on parcel 33c1a, in Section 33. Mr. Donald Lawrence, representing the convalescent home, stated the present facilities such as the officeand dining area were inatequate and in order to finance the improvement and enlargement of this operation, a 43 bed addition to the building would be necessary. At the time'the property was purchased this was possible, but under the new Zoning Ordinance, it is not. Mr„ Welker questioned if Mr. Lawrence is aware that the present convalescent home is in violation without the further increase in beds and stated that the Planning Commission has no authority to grant a petition that is in direct violation of the Ordinance. Mr, Tent requested to know how many acres are involved, Mr,, Hull advised the area comprised 68,873 square feet, which is less than 1 ac:cO„ Mr. Tent stated his concern over the proposed addition of more beds to an already d'_f is i ent area, Mr. Lawrence stated his disagreement with the City's Ordinance concermtbg Co:rraescent homer and that his reason for being before the City Planning Commission wns fcr relief as a hardship case. He stated that he felt their plan has sufficient grounds and that convalescent homes have been built with higher densities, ri:c, Wrightman questioned as to how much deficiency exists and if additional property could be purchased in order to attain ordinance compliance. Mr,. Lawrence stated he could not say whether or not additional property is for purchase. Mr, Rull advised the Commission Members that the present site will permit a 50 bed unit, but that the present operation comprised of a 64 bed unit and this retit!_on is for an additional 43 beds. • 4631 Mrs1 Helen Savage* 34404 Ann Arbor Trail, stated her opposition to this petition because she feels that the patients are not protected and often wander off the premises. Mrs. Edith Barrett, 34350 Anh Arbor Tiail, co-owner of the convalescent home, ' stated that their plans are to tear down the existing building and erect a new okra, and that area is to be closed off eliminating the possibility of patients wander- ing from the premises. The new building will also fill the needs for larger laundry and kitchen facilties. Mr. Tent asked if the possibility of acquiring more property has been pursued. Mrs. Barrett advised the commission that the property owners have no intention of selling. Mr. Wrightman questioned if there would be adequate parking facilities. Mr. Hull advised that their existing parking area was dif icient, Mrs. Barrett stated that more parking spaces were not needed for their operation, because there were very few visitors and not more than 10 cars to park at one time. 11) Mr. Hull advised Mrs. Batrett teat the Commission is duty bound to hold to the requirements of the Ordinance. Mr. Walker advised that the Commission Members are in favor of the location of this business, but that more land will have to be acquired. Mrs. Barrett indicated that the owner of adjacent property lives on the property during the summer and in Florida during the winter and is not interested in selling at this time. Mr. Walker suggested that the Planning Director prepare a sketch showing what is required to enable Ordinance compliamee, and that the owners of the convalescent home pursue the possibility of acquiring additional property. There being no others present wishing to be heard concerning this petition, Mr. Walker announced that the item would be taken under advisement. Mr. Whitehead announced that next item on the agenda is Petition 65-10-2-10 by Jamie M. Martin, Agent for Sandy's of Detroit, Inc., requesting to be granted a waiver use permit to build a restaurant and food carry out establishment on parcel 12B4a4 and the east 10 feet of parcel 12B4a3, located approximately 840 feet east of Middlebelt Road in Section 12. Mr. Jamie Martin, representing the petitioner, stated that Sandy's of DCtreit, Inc., would like to construct a carry-out restaurant on'this site.. There are 1[40 100-105 establishments existing throughout the mid-west, including one in Warren, Michigan and that the Livonia site was acquired in June subject to approval of this petition, Mr. Tent asked if this is a proposed drive-in-restaurant. 4632 $ Mr. Martin replied that is is not a drive-in-restuarant, that there will be no car hops and nothing to entice people to stay inside. ' Mr, Tent questioned his plan for policing the area, Mr. Martin indicated that whatever is required by Ordinance would be met and exceed insofar as a 30 ft, driveway is being planned and only a 20 ft, driveway is required. Mr. Wrightman asked if people would be allowed to eat in their cars. Mr. Martin stated that this is not their plan, he stated that the property was purchased through a local broker, and it would be controlled completely according to rules set by the company of Sandy's of Detroit, Mr. Wrightman questioned if the Company leases these establishments to private operations. Mr. Martin stated, no, that the Company operate them. Mr. Walker questioned if full course dinners would be the major item handled by the restaurant. 11; Mr. Martin, replied, no, the main items would be hamburgers, milk shakes, etc. There being no others present wishing to be heard concerning this petition, Mr. Walker announced that the item would be taken under advisement. Upon a motion duly made by Mr. Wrightman and seconded by Mr. Tent and unanimously adopted, it was #11-202-65 RESOLVED that, the City Planning Commission'does hereby adjourn the Public Hearing held on Tuesday, November 30, 1965, at approximately 10:00 p.m. * * * * * * * Mr. Walker, Chairman, called the 177th Regular Meeting to order at approximately 10:20 p.m, with approximately the same number of interested persons in the audience as were present at the Public Hearing, Mr. Whitehead announced the first item on the agenda is Petition 65-10-1-37 by Harold Thomas requesting to tezone property located between Beatrice and Middlebelt Road, approximately 671 feet south of Five Mile Road, in the North 1/2 of Section 23 from RUFA to C-2. Mr, Walker stated that during the public hearing on this item the question was raided as to whether or not the lot area remaining after the proposed rezoning 1[40 would conform to the RUF required size and that since the Planning Commission has been requested'by the City Council to make a master study of commercial zoning in the City, this item would be held in obeyan,ce until the lot sizes could be checked and the completion of the commercial study. Mr. Hull stated that this would take about a month. 4633 Mr. Ponder indicated that a one month period would not work a hardship on his client's plaAs. Mr. James Hosey, 14954 Flamingo, asked if the residents of Green Acres Subdivision could be notified at the time any further discussions are to be made concerning this petition. He stated his belief that if this rezoning is granted there would be nothing to prevent future requests for additional C-2 zoning in small pieces and that all of the people in the subdivision are involved and should be notified, Mr. Hosey accepted the responsibility of notifying the residents in this subdivision that this item was being considered, after being so notified by tte Planning Commission. Mr. Whitehead announced that the next item on the agenda is Petition 65-10-7-4 by the City Planning Commission to determine whether or not to amend Part V of the Master Plan, the Master School:& Park Plan, so as to include parcel 21GG, located on the west side of Farmington Road, approximately 1,000 feet north of Schoolcraft Road in Section 21, as a park site. (5.0 acres) Upon a motion duly made by Mr. Tent and seconded by Mr. Wrightman, it was #11-203-65 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 1:41 Hearing on November 30, 1965, for the purpose of amending Part V of the Master Plan of the City of Livonia, entitled "Master School and Park Plan" the same is hereby amended so as to include parcel 21GG, logated on the west side of Farmington Road, approximately 1,000 feet north of Schoolcraft Road in Section 21, as a park site, (5.0)acres) for the following reasons: (1) There is additional need for this type of facility in this area, (2) The intensity of use generated on the existing park facility in this area dictates that a logical expansion of existing park facilities be made if possible, (3) This is a recommendation by the Parks & Recreation Commission who desire to expand their facilities within this area, AND having given proper notice of such hearing as requ'_q; 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 amenklest shall be filed with the City Council, City Clerk, and tLe 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.. 4634 "We certify that the foregoing resolution was duly adopted at a meeting of the City Planning Commission held on TuesdayT November 30, 1965 by the following vote AYE: Wrightman, Cameron, Heusted, Chandler, Tent, Whitehead, Walker NAYS: None ABSENT: Ward, Pollock Mr. Whitehead announced the next item on the agenda is Petition 65-8-3-2 by Nicholas Ortopan requesting the vacation of an unused portion of old Schoolcraft Road which lies on the south side of Tax Item 19J2 in the Southwest 1/4 of Section 19. Mr. Walker stated that this item would be continued under advisement. Mr. Schmier stated he would like an opportunity to appear in opposition to this petition when it is considered again by the Planning Commission and requested to be so notified. Mr. Walker advised Mr. Schmier that he would be notified when the Planning Com- mission is ready to proceed with this petition. Mr, Whitehead announced the next item on the agenda is Petition 65-10-2-9 by Donald Lawrence requesting to be granted a waiver use permit to erect a 43 bed addition to the present convalescent home, located on the northeast corner of Ann Arbor Trail and Stark Road on parcel 33cla in Section 33. 4 Mr. Walker stated that during the Public Hearing the petitioner • was requested to attempt to acquire more property and that petitioner has indicated that he could perhaps acquire sufficient land to attain ordinance, and in view of this, Mr. Walker announced that this item would be continued under advisement. Mr. Whitehead announced the next item on the agenda is Petition 65-10-2-10 by Jamie. M. Martin, Agent for Sandy's of Detroit, Inc., requesting to be granted a waiver use permit to build a restaurant and food carry out establishment on parcel 12B4a4 and the east 10 feet of parcel 12B4a3 located on the south side of Seven Mile Road approximately 840 feet east of Middlebelt Road in Section 12. Upon a motion duly made by Mr. Tent, seconded by Mr. Wrightman, it was 1111-204-65 RESOLVED that, pursuant to a Public Hearing having been held on November 30, 1965, on Petition 65-10-2-10 by Jamie. M. Martin, Agent for Sandy's of Detroit, Inc., requesting to be granted a waiver use permit to build a restaurant and food carry out establishment on parcel 12B4a4 and the east 10 feet of parcel 12B4a3 located on the south side of Seven Mile Road approximately 840 feet east of Middlebelt Road in Section 12. The City Planning Commission does hereby recommend to the City Council that Petition 65-10-2-10 be denied for the following reasons: (1) The proposed use would not be in harmony and appropriate with the orderly development of the surrounding neighborhood. (2) The location and size of the proposed use, the nature and intensity of the principal use and accessory us.P, the site layout and its relationship to streets giving access, shall r+ 4635 be such that the traffic to and from the use and assembly of persons in conjunction with the use, will be hazardous and inconvenient to the neighborhood and will unduly conflict with the normal traffic of the neighborhood, (3) The locations of the building and its accessories will be such that the proposed use will have a detrimental effect upon the neighboring property and the neighboring area in general. It may impair the value of the neighboring property and discourage the appropriate development and use of the adjacent land or building. (4) The location, size and intensity, site layout and periods of operation of the proposed use can cause a nuisance which may be noxious to the occupant of any other nearby permitted use by reason of dust, noise, fumes and lights. (5) The intended use is in conflict with the previously approved development plan of the area. FURTHER RESOLVED, that notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mt. Hull read for the record, Section 19.06 (b) of the Zoning Ordinance No. 543, this waiver use would have to comply with all the requirements of Section 19.06 of the Zoning Ordinance, and that, in his opinion, this petition would be in conflict with Section 19.06 (b). A roll call vote on the foregoing resolution resulted in the following: AYES: Htusted, Tent, Wrightman, Whitehead, Walker, Cameron NAYS: Chandler ABSENT: Ward, Pollock Mee Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr, Whitehead announced the next item on the agenda is Petition 65-8-1-28 by Herbert Draper and George Jarman requesting to rezone property located approximately 200 feet east of Stark Roard, and approximately 450 feet north of Wadsworth Drive in Section 28, from R-5 to H-l. Mr, Walker stated, for the record, that the Industrial Coordinator has stated that he is in favor 4$ this petition. Upon a motion duly made by Mr. Cameron, seconded by Mr. Whitehead, it was #118205-65 RESOLVED that, pursuant to a Public Hearing having been held on September 7, 1965 on Petition 65-8-1-28 as submitted by Herbert Draper and George Jarman requesting to rezone preliOrty located approximately 200 feet east of Start Road, and approximately 450 feet north of Wadsworth Drive in Section 28 from R-5 to M-1, the Planning Commission does hereby recommend to the City Council that 1: Petition 65-8-1-28 be approved for the following reasons: l (1) It is consistent with the creation of an industrial belt. (2) It is consistent with the overall Master Land Use Plan of the City. • 4 4636 (3) This development will take access from Stark Road which has been officially designated as a truck route in the City of ILLivonia's Traffic Ordinance, 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 September 1, 1965, and notice of such hearing was sent to the Detroit Edison Company, the Chesapeake & Ohio Railway Company, City Departments and petitioners as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Huested, Chandler, Tent, Wrightman, Cameron, Whitehead, Walker NAYS: None ABSENT: Ward, Pollock Mr. Whitehead announced the next item on the agenda is Petition 65-8-1-2 by Arthur Pollack requesting the rezoning of property located between Middlebelt Road and Harrison, north of the cemetery property on Six Mile Road in the west 1/2 of Section 12, from R-1 to R-7. Mr. Walker advised that Mr. Ponder, Attorney for petitioner, has stated that he would like to request the board to take this item under advisement because of a plan that would be ready by the Commission's next study session. Mr. Ponder stated that he had an alternate plan to sumbit to the Planning Commission showing a park in the flood plain area, which is proposed to be donated to the City, so there will be a park in the rear and a park area in the center. Mr. Walker advised Mr. Ponder that a representative should be present at the meeting ten a decision would be made concerning this petition. Mr. James Perry, 18321 Brentwood, questioned whether the developer or the tax payers could cover the cost of covering the large ditch which flows through this property. Mr. Walker stated that if flood plan lands were to be considered for a park land, the Parks & Recreation Department would have to be contacted. Mr. Walker further stated the Commissioners did not know until tonight that the petitioner was bringing in an alternate plan. The plan previously submitted was not acceptable and an attempt was made to work out something with the petitioner, because this piece of land is a difficult piece to develop. Mr. Walker announced that this item would be taken under advisement. 1 Upon a motion duly made by Mr. Cameron and seconded by Mr. Wrightman, it was i #11-206-65 RESOLVED that, the City Planning Commission does hereby approve the minutes of the meetings of October 5, 1965 and November 1: 9, 1965. i I A roll call vote on the foregoing resolution resulted in the following: 1 1 • 4637 AYES: Chandler, Tent, Wrightman, Cameron, Heusted, Whitehead Walker NAYS: None ABSENT: Ward, Pollock Upon a motion duly made by Mr. Tent, seconded by Mr. Wrightman, and unanimously adopted, it was #11-207-65 RESOLVED that, Charles W. Walker be elected to the Office of Chairman of the City Planning Commission of the City of Livonia. Upon a motion duly made by Mr. Cameron, seconded by Mr. Whitehead, and unanimously adopted it was #11-208-65 RESOLVED that Raymond W. Tent be elected to the Office of Vice-Chairman of the City Planning Commission of the City of Livonia. Upon a motion duly made by Mrs. Chandler, seconded by Mr. Tent, and unanimously adopted, it was #11-209-65 RESOLVED that, Harry Wrightman be elected to the Office of Secretary of the City Planning Commission of the City of Livonia. On behalf of the entire City Planning Commission Mr. Tent extended congratulations to Mr. Heusted for having served in the ca?acity of Vice-Cha - an, and to Mr. LI Whitehead for having served the Commission in the capacity of Secretary. Upon a motion duly made by Mr. Wrightman,seconded by Mr. Whitehead, and unanimously adopted, the City Planning Commission does hereby adjourn the 177th Regular Meeting held on Tuesday, November 30, 1965, at approximately 11:00 p.m. CITY PLANNING COMMISSION -- ---1--1-- -- Bob 1Bob R. Whitehead, Secretary ATTESTED: ///Z r`, Doiald E. Heusted, Vice Chairman 1:k(