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HomeMy WebLinkAboutPLANNING MINUTES 1966-01-25 . ' 4662 MINUTES OF THE 178kh REGULAR MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OP THE CITY OF LILIVONt.A., On Tuesday, January 25, 1966, the City,;,Plattning Commission of the City of Livonia, held the 17$:• Regular Meeting and a Public Hearing at the Livonia City Hall, 33601 Five Mile Road, Livonia, Michigan. Mr. Charles W. Walker, Chairman, called the Public Hearing to order at approximately 8:30 p.m. with approximately 120 people, in the audience. Members present: Raymond W. Tent Donald Heusted Marvin Moser John J. Ward Harry Wrightman Charles W. Walker Donald Pollock Bo b R. Whitehead Members absent: * Myra Chandler Messrs. Harvey W. Moelke, Mayor; Don Hull, Planning Director; John J. Nagy, Assistant Planning Director; Harry Tatigian, Assistant City Attorney, were present. Mr. Wrightman announced the first item on the agenda is Petition 65-12-1-40 by Joseph B. Monaco, requesting to rezone property located at the northeast corner of Farmington Road and Lyndon Avenue in Section 22 from RUF to P.S. for construction of a nursing home, convalescent home or a professional center, or a high rise office building. Mr. Walker stated that a letter dated December 14, 1965 had been received from Mr. Frank Kerby, Chief Building Inspector, which indicated that no protective wall is required on the east side of this proposed site except at the north end of the lot li; where it physically abutts residential property. Mr. Dick Gabel, representing Mr. Bill Bowman, President of Thompson-Brown Company, read and submitted a memo from Mr. Bowman relative to the intent of the Thompson- Brown Company in working with the Commission in creating the highest and best use of this property. Mr. Walker questioned if Mr. Gabel is asking for a recommendation as to the zoning and land use from the Planning Commission. Mr. Gabel replied, yes. Mr. Walker advised Mr. Gabel that this petition will be studied further and at the time the Commission is ready to take final action reference will be made to Mr. Bowman's memo. Mr. Milton Holley, 14821 Farmington Road, objected to this petition and stated that the property is in the right-of-way for widening Farmington Road and will increase the cost of the road. Mr. Holley suggested that the City rezone the property to civic center along with the rest 2f the property in this area, and in the future when plans are made to expand the civic center the property will be available. He further stated that he does not feel that P.S. zoning is the best for this area, that it constitutes spot zoning and will add to the lack of space for people owning homes in Kimberly Oaks Subdivision. i Mayor Harvey W. Moelke was present and stated that the purchase of this property has been contemplated to go along with the civic center and that there is a possibility it may be leased to the YMCA if it is acquired. Mayor Meolke stated that the burden of proof is on the petitioner that the Master Plan is viral* and that RUE' . 4663 zoning is not the best for this property, and further stated that the character of the property around the civic center should be preserved. Mr. Ronald Eschenburg, 33103 Middleboro, Treasurer of Kimberly Oaks Civic Assoc. stated his objection to the petition for reasons similar to those already stated. He stated his feelings that use for civic center would be alright, but zoning to P.S. would be out of line because it will increase traffic at the main entrance to the subdivision and in the general area. He advised the Commission that he would like to take part in any discussion regarding the use of this property. Mr. Tent stated that he would like to question the petitioner regarding his in- tentions for the use of this property and that he feels the petitioner has not t supplied the Commission with enough information to proceed further with the petition. Mr. Walker requested a show of hands of the people in the audience who were here in reference to this petition. There were approximately 12 people. Mr. Walker announced that this item would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 65-12-1-41 by William N. Ponder, Attorney for William E. Parks, requesting to rezone property located on the west side of Stark Road, approxi- mately 1,340 feet north of Schoolcraft Road in Section 21, from R-2 to R-7 for construction of a multiple dwelling complex. * Mrs. Chandler entered the meeting at 8:50 p.m. I Mr. Alan Walt, Attorney representing the petitioner, stated that much of the land on the north and west is cemetery and that Ford Field runs from Stark all the way to Farmington and that the property abuts a junior high school on the south. He stated that the petitioner is interested in developing this property as multiple family and this use will be the highest and best that can be made of it since it has not been considered too feasible for single family residence use in the past be cause of the cemetery. Mr. Walt expressed the desire of the developer to work with the Planning Commission and Planning Director in attaining a final site plan that will be best for the City. Mr. Wrightman questioned if it is felt that if the property has not been developed in the past because of the cemetery that apartments would lend themselves to this type of surrounding. Mr. Walt stated that he did. Mr. Wrightman questioned how many stories high this project is proposed to be. Mr. Walt stated that nothing has been submitted in regard to an actual use, but that it is recognized that the site plan will require an approval by the Planning Commission. The petitioner is here tonight on the question of zoning and will appear before the Commission again regarding the sort of development that will be best if the R-7 zoning is granted. Mr. Tent stated that the proposed 390 units seemed like a lot for 30 ac_- and questioned what size the units themselves are. Mr. Walt stated there will be 13 units to the acre and that a lower density could not be possible. 4664 Mr. Tent stated he would like to know the size of the units themselves. ILMr. Walt stated they had nothing exact as yet and they first will have to determine what is necessary and 1:f this rezoning is granted it will then be developed as the Planning .Commissioh sees fit. Mrs. Chandler questioned if it would be the petitioner's intent to develop this all at once or in segments. Mr. Walt stated, all at once. Mrs. Chandler questioned if contact has been made with the school people on this. Mr. Walt replied,no. Mr. Hull questioned the flexibility in the bedroom composition. Mr. Walt stated that he couldn't give an exact answer, but there is flexibility. Mr. Hull questioned if this project is contingent upon a 6070 two-bedroom, 4070 one- bedroom ratio. Mr. Walt stated that there will be the flexibility necessary to develop this property as requested. Mr. Wrightman questioned what the quality of the development will be. ILMr. Walker stated that it should be kept in mind that the matter before the Commission this evening is the rezoning and if we do not agree to the rezoning the site plan will not have to be considered. Mrs. Chandler stated that this is the best land use she has seen up to this point. Mr. Cecil Alford, Assistant Superintendent of Schools, 15125 Farmington Road, stated that the Board of Education is interested in any development that creates a high density area and specifically (1) they are interested in keeping the ratio of one and two bedroom units down; (2) they are concerned with ingress and egress to the Frost Junior High School property which is contiguous to this development so that any of the children in the area could walk to school; and (3) they hope that there will be high quality development on this property. Mr. Walker questioned Mr. Alford if any type of survey has been made relative to the number of school aged children expected from a high quality multi-family development. Mr. Alford stated that we have not had multiple zoning in this City long enough to make such a survey but other cities, such as Detroit, say there is no pat answer to this, that each City must compile statisticsof its own because aux same would not apply to all. Mr. Alford suggested that from a development of this kind they would expect 20-30 children. Mr. Pollock questioned if there were plans for expanding Frost. 4 ir Mr. Alford replied there will be an addition to Frost in the future but he doesn't know just when. 4665 Mr. Holley stated his objections to this petition because when the City became a City it was guaranteed that the center of the City could remain large residential lots, and also questioned who will pay for the paving in front of the school. Mr. Holley stated his feelings that the people in the area will be crowded by this development along with the proposed cbirimercial development and the proposed freeway, and that the total cost to the City will never be made up by this unit. Mrs. Chandler questioned if Mr. Volley felt that this 30 acres is considered to be more applicable to a subdivision of 120 ft. frontage homes surrouned by a cemetery, school and playfield than an apartment. Mr. Holley stated that some of the best land is in this area and he could see no difference in backing up to Parkvue Cemetery than to the golf course. Mr. Walt stated, in reference to Mr. Pollock's question regarding Frost School, that all easements required or desired will be made available to the school and that they will be able to meet the school's desires regarding density. Mr. Pollock questioned what the projected cost of this project is. Mr. Walt stated $4,000,000, including the land. Mr. Tent asked to know if it will be FHA or privately financed. Mr. Walt replied wherever they could get the best interest rate on. Mr. Walker, Chairman, announced that this item would be taken under advisement. Mr. Wrightman announced that the next item on the agenda is Petition 65-12-1-42 by Solomon Bienenfeld for the Livonia Jewish Congregation requesting to rezone property located on the north side of Seven Mile Road, approximately 120 feet west of Osmus in Section 3 from RUFB to P.S. Mr. Walker advised that two items of communication have been received regarding this petition; one from the Fire Department dated 'January 12, 1966 stating that they have no objection to the change in zoning to P.S. provided the existing building is torn down and debris removed from the property, and one from the Engineering Department, dated December 28, 1965 relative to sanitary sewers and the dedication of the south 60 feet of the parcel for proper improvements and utilities. Mr. Walker also advised that a letter has been recieved from the petitioner dated, January 19, 1966, stating that he would not be present at the meeting tonight. Mr. C. A. Richeson, 31511 Vargo, ipember of the Meiri-Six Civic Association, stated that he is opposed to any rezoning in this area other than residential and that the Civic Association feels this is spot zoning. Mr. Tent questioned if the Jehovah Witness congregation has contacted this petitoner regarding this property. Mr. Hull stated he believed the Johovah Witnesses will purchase this site for a church and that the petitioner will withdraw his petition. I Mr. Walker stated this is RUF zoning that has been used for church purposes, and if there is a transfer from one religious service to another do they have to come before the Board. 4666 Mr. Tatigian stated that temporarily they would need no approval from the Planning Commission, but there would be a question involved as to whether or not they tore the building down and constructed a new one. Mr. Tatigian advised that in this case he thought the answer would be no, but would reserve the right to change his mind on this point. Mr. Pollock questioned Mr. Richeson what the Association's feeling would be on the same use as it is now. Mr. Richeson stated he didn't think the Association would be opposed to use as a church, but they do object to the change to P.S. or any zoning other than residential on this stretch of property along Seven Mile Road. Mr. Walker, Chairman, announced that this item would be taken under advisement. Mr. Wrightman announced that the next item on the agenda is Petition 65-12-2-18 by David Arkin requesting to be granted a waiver use permit to erect a franchised A & W Root Beer Drive-In-Restaurant on parcels 13DE3a1 and 13DE4a1 on property located on the northeast corner of Roycroft and Middlebelt Road in Section 13. Mr. David Arkin, 17155 Greenfield, was present and read a letter to the Commission, outlining this situation and pointing out that Planning Commission approval was obtained under Ordinance No. 60 but after the adoption of the new Zoning Ordinance, because of the 100 foot requirement which was not a restriction under Ordinance No. 60 he could not comply, and applied to the Zoning Board- of Appeals. Mr. Arkin stated that the property on Middlebelt Road was purchased after receiving approval; a mortgage has been secured and also a franchise from A & W Root Beer Company. 4 . M_e further stated he has incurred expenses in architectural and legal fees and should he be denied this approval it will result in exceptional difficulties and undue hardship to him, and that the greatest loss will be that of a lost opportunity. Mr. Tent questioned Mr. Arkin's reason. for having gone to the Zoning Board of Appeals after having obtained Planning Commission approval. r;_-. Arkin advised that the purpose was for a setback variance. L_. William Lindhout, architect, 15420 Farmington Road, stated that the Zoning Board of Appeals was approached on the advice of the Planning Commission request a lesser setback requirement relating to egress and ingress. Mr. Hull advised that all waiver use permits granted under Ordinance No. 60 that were not used were invalidated upon the adoption of Ordinance No. 543 (Zoning Ord- inance) and this is the reason for this petitoner's appearance before the Planning Cc:,-;::,_.ssion again. Tent questioned if Mr. Arkin is prepared to begin building immediately. ....:_ . Arkin replied, yes. Mr, Tent questioned if the delay in the use of the prior approval was caused by financial problems. 4 . Lindhout stated not exactly, that it has been too difficult for Mr. Arking to all the things accomplished (mortgage, franchise, etc.) that were necessary in the length of time that he had been given. • 4667 Mr. George Wheeler, 29122 Rayburn, stated his objections to this use because of the traffic that would be using Rayburn which is a dead-end street; this would inter- 4 fere with the patients' rest in the nearby convalescent home; the danger to the children in the area and because he feels it will not be policed correctly. Mr. John Frushour, 28984 Rayburn, stated that he objects because Roycroft is a street without sidewalks and now joins Rayburn and children have to walk in the street and will be exposed to this circle of traffic after being discharged from school buses. Mrs. Janick, 3609 Livernois, Detroit, Michigan, representing the Board of Directors of Marycrest Manor Convalescent Home, advised the Commission that they opposed this petition because they feel it will be a great hazard to the people in the area, the pkrkibg facilities are not adequate, and it will be noisy and untidy. Mrs. Janick stated that she is also representing the Sisters at Marycrest Manor and they also object. Mr. Joseph Graczyk, 28880 Rayburn, stated his objection for the same reasons as have already been stated by the previous objectors and requested to know when a decision will be made on this matter. Mr. Walker advised Mr. Graczyk that the matter will be taken up at the regular meeting this evening after the conclusion of this public hearing. Mrs. Chandler questioned *hat type of business would be considered compatible by the homeowners since the property was C-2 when they moved in. Mre Graczyk suggested a grocery store or similar business and repeated his concern for the children on the other streets even if there was a patrolman at the Drive-In. Mr. George Hill, 29032 Rayburn, stated he wished to compliment the man who is building this for contacting every person in the area to get their feelings on this use, but there are three gas stations, a restaurant, a dairy and a drug store and these things should not be located near a convalescent home. Mr. Wrightman questioned how long Mr. Hill has lived in the area. Mr. Hill stated that he moved in July. Mr. Wrightmsn advised that an inspection was made of the entire neighborhood or approval would not have been given to the first petition. Mrs. Green, 29028 Roycroft, stated that she is an objector to this petition. Mrs, Judith Probagna, 28940 Rayburn, stated that she is an objector also. Mr. Tim Tracey, 29035 Rayburn, requested to know the meaning of C-2 zoning. Mr. Walker advised him that there are two types of commercial zoning, one is more restrictive than the other and req uested Mr. Hull to read from the Zoning Ordinance the items covered by the commercial categories. Mr. Tracey stated he objected to the petition because of the traffic problem that j will be created by the erection of a drive-in combined with the traffic from the race track. Mr. Walker advised that the petition had not been given a curb cut and turn-around 4668 t4purposely to control the traffic, and one egress for the same purpose. Mrs. Joanne Naples, 29144 Rayburn, stated bke objected to this petition because of the traffic situation and the possible litter which would be caused by teenagers who will frequent the drive-in. Mrs. Gerald Ward, 29221 Rayburn, stated her ojection to the petition. Mr. Sund, 29168 Rayburn, stated that he is an objector to this petition. ' Mr. Tent advised the people in the audience that more of them are new to the area and when this matter was before the Commission a year ago the Commission was looking for a response from the people in the area at that time and questioned if these people had checked the zoning in the area before purchasing their homes. Mr. Butler, 29050 Rayburn, requested to know why the zoning was changed. Mr. Walker advised him that the zoning was not changed, the adoption of the new zoning ordinance made this hearing necessary. Mr. Butler stated that he objected to this petition. Mr. Harry Ostrander, Utica, Michigan, stated that he is proud to operate four A & W Drive-Ins and that the problems these people are speaking of are not necessary problems. The only problem he has encountered in three years is blowing papers and this has been solved with the hiring of a schoolboy to pick them up. He stated he does not have the other problems because he will not put up with them. Mrs. Arkin, stated that she has spent 35 years in business in Detroit, and never had a bit of trouble and she feels the A & W Drove-In will provide a place for teenagers to go and enjoy themselves. Mr. Walker requested a show of hands of people objecting to this petition. There were approximately 20. Upon a motion duly made by Mr. Wrightman, seconded by Mr. Tent, and unanimously adopted, it was #1-5-66 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, January 25, 1966 at approximately 9:25 p.m. Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. * * * * * * * Mr. Charles W. Walker, Chairman, called the 178th Regular Meeting to order at 9:55 p.m. with approximately the same number of interested persons in the audience as were present at the public hearing. IllfMr. Wrightman announced the first item on the agenda is Petition 65-12-1-40 by Joseph B. Monaco requesting to rezone property located at the northeast corner of Farmington Road and Lyndon Avenue in Section 22 from RUF to P.S. for construction of a nursing home, convalescent home or a professional center, or a high rise office building. 4669 Mr. Walker, Chairman, announced that this item would be taken under advisement until February 15, 1966. Mr. Weightman announced that the next it em on the agenda is Petition 65-12-1-41 by Willia6 N. Ponder, Attorney for William E. Parks, requesting to rezoning property located on the west side of Stark Road, approximately 1,340 feet north of Schoolcraft Road in Section 21, from R-2 to R-7 for conspiuction of a multiple dwelling complex. Mr. Walker, Chairman, announced that this item will be taken under advisement. Mr1 Weightman anhodnced that the next item on the agenda is Petition 65-12-1-42 y Solohoti Bienenfeld for the Livonia Jewish Congregation requesting to rezone prdper0 located on the north side of Seven Mile Road, approxi- mately 120 feet west of Osmus in Section 3 from RUFB to P.S. Mr. Walker, chairman, announced that this item will be taken under advisement until February 15, 1966. Mr. Weightman annpunced the next item on the agenda is Petition 65-12-2-18 by David Arkin requesting to be granted a waiver use permit to erect a franchised A & W Root Beer Drive-In Restaurant on parcels 13DE3a1 and 13DE4a1 on property located on the northeast corner of Roycroft and Middlebelt Road in Section 13. Upon a motion duly made by Mr. Whitehead and seconded by Mrs. Chandler, it was #1-6-66 RESOLVED that, pursuant to a Public Hearing having been held on January 25, 1966 on Petition 65-12-2-18 as submitted by David Arkin requesting to be granted a waiver use permit to erect a franchised A & W Root Beer Drive-In Restaurant on parcels 13DE3a1 and 13DE4a1 on property located on the northeast corner of Roycroft and Middlebelt Road in Section 13, the City Planning Commission does hereby recommend to the City Council that Petition 65-12-2-18 be granted subject to the following: (1) That there be no vehicular access to Roycroft and that a vehicular barrier be constructed along Roycroft Road to deter ingress and egress, and (2) That a satisfactory means of litter control be established by the operator so as to eliminate any debris in the area, and (3) That the operator not amplify music on the premises and FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Pollock, Heusted, Whitehead, Chandler, Tent, Wrightman, Walker, NAYS: Ward Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution 467]0 t4o is adopted. Mr. Wrightman announced the next item on the agenda is Petition 65-12-2-17 by Rosedale Gardens Corporation requesting to be granted a waiver use permit to construct a club swimming pool and bathhouse addition to present building on lot 1596al, located on the west side of Hubbard Road between West Chicago and Orangelawn in Section 34. Upon a motion duly made by Mr. Tent and seconded by Mr. Wrightman, it was #1-7-66 RESOLVED that, pursuant to a Public Hearing having been held on January 4, 1966, on Petition 65-12-2-17 as submitted by Rosedale Gardens Corporation requesting to be granted a waiver use permit to construct a club swimming pool and bathhouse addition to present building on lot 1596a1, located on the west side of Hubbard Road between West Chicago and Orangelawn in Section 34, the City Planning Commission does hereby recommend to the City Council that Petition 65-12-2-17 be denied for the the following reasons: (1) The proposed pool does not conform to the four acre site requirement. (2) It is in violation of the setback requirements. (3) The proposed pool will be constructed less than 50 feet from an existing right-of-way as measured from the edge of the water. (4) The off-street parking requirements, as stipulated in the Zoning Ordinance, cannot be met. (5) This would not constitute good planning because it is the intrusion of an active use into an already congested area and would cause an increase in traffic. (6) Also, would adversely effect the adjacent neighborhood by the increased activity and effect the stability of the property values, and FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mrs. Chandler stated her feeling that it would behoove the City to encourage residents of all times to act on their own will power and without asking for money from other people. She stated that she thought this is a very admirable thing on the part of these people and that this action is creating a hardship on them. Mr. Tent stated that he was surprised that when this first came up it wasn't brought before the Planning Commission for site plan approval. He stated that if they had had a chance to look at it they would have known that it violated the Zoning Ordinance in the lack of parking. Mr. Tent further stated that his concern was for the people immediately abutting the pool who are the ones objecting to it liand these are his primary reasons for recommending denial. 4 A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Walker, Ward, Tent, Heusted, Whitehead and Wrightman NAYS: Chandler ABSTAINING: Pollock ' _ 4671 Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced that the next item on the agenda is Petition 65-11-2-14 by William N. Ponder, Attorney for Thomas J, Seros and Nick J. Seros, requesting to be granted a waiver use permit to erect a restaurant and Class C liquor licensed establishmefit On parcel 36A4, located on the south side of Plymouth Road between Harrison . and Deering in Section 36. Upon a motion duly made by Mr. Tent and seconded by Mr. Heusted, it was #1-8-66 RESOLVED that, pursuant to a Public Hearing having been held on January 4, 1966 on Petition 65-11-2-14 as submitted by William N. Ponder, Attorney for Thomas J. Seros and Nick J. Seros, requesting to be granted a waiver use permit to erect a restaurant and Class C liccngpd establishment on parcel 36A4, located on the south side of Plymouth Road between Harrison and Deering in Section 36, the City Planning Commission does hereby recommend to the City Council that Petition 65-11-2-14 be denied for the following reasons: (1) This development violates the provision of the Zoning Ordinance which requires Class C liquor licensed establishments to be located at least 1,000 feet away from other such establishment. (2) The general area is already saturated with this type of use and could cause a general degrading of the overall commercial area, and FURTHER RESOLVED, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregC.273 resolution resulted in the following: AYES: Ward, Heusted, Whitehead, Chandler, Tent, Moser, Wrightman, Walker, Pollock NAYS: None . Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced that the next item on the agenda is Petition 65-11-2-11 by Shell Oil Company requesting to be granted a waiver use permit to erect a gasoline service station on parcels 23Glla2b and 23G1lal, lla2a, located at the southeast corner of Merriman Road and Five Mile Road in Section 23. Upon a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #1-9-66 RESOLVED that, pursuant to a Public Hearing having been held on IL December 14, 1965 on Petition 65-11-2-11 as submitted by Shell Oil Company requesting to be granted a waiver use permit to erect a gasoline service station on parcels 23011a2b and 23G1lal, lla2a, located at the southeast corner of Merriman Road and Five Mile Road in Section 23, the City Planning Commission does hereby recommend to the City Council that Petition 65-11-2-11 be granted for the following reasons: • 46R (1) The proposed service station is a development of high calibre located i on streets capable of handling the traffic of the area. (2) This proposed service station can furnish a necessary need in the general area. (3) This proposed development is so located to not adversely effect adjacent commercial or residential development. FURTHER RESOLVED, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Whitehead, Chandler, Tent, Pollock, Ward, Heusted, Moser, Wrightman, Walker NAYS: None Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted: Mr. Wrightman announced the next item on the agenda is Petition 65-11-2-12 by Shell Oil Company requesting to be granted a waiver use permit to erect a gasoline service station on parcel 19A2ala, located at the southwest corner of Five Mile Road and Newburgh Road, in Section 19. Upon a motion duly made by Mr. Whitehead and seconded by Mr. Weightman, it was' 10; #1-10-66 RESOLVED that, pursuant to a Public Hearing having been held on December 14, 1965 on Petition 65-11-2-12 as submitted by Shell Oil Company requesting to be granted a waiver use permit to erect a gasoline service station on parcel 19A2ala, located at the south- west corner of Five Mile Road and Newburgh Road, in Section 19, the City Planning Commission does hereby recommend to the City Council that Petition 65-11-2-12 be denied for the following reasons: (1) There has been a change in circumstance since the original approval in 1961 in that at that time all four corners were vacant, now there are two gas stations. (2) Newburgh Road is not a County Road; it is a dirt road and there is no contemplated improvement of it. (3) There is no traffic light at this intersection. (4) This location is in close proximity to the hospital and could conflict with the numerous emergency vehicles. (5) This location is in a heavily congested area with many very Lyoung children. (6) This area is heavily travelled and would constitute a traffic hazard and unduly conflict with normal traffic in the area. (7) It would be detrimental to the proposed shopping center and would hamper development of same. 4678 I: (8) This use would be noxious and dettimental to the orderly development of the surrounding neighborhood and would not be consistent with the objectives and spirit of sound planning and of the Ordinance; and FURTHER RESOLVED, that notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Chandler, Tent, Moser, Ward, Heusted, Whitehead, Wrightman Walker, Pollock NAYS: None Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 65-11-1-38 by Thomas G. and Viola R. Bosco, requesting the rezoning of lots 447 and 448 of Supervisor's Livonia Plat #7 from RUF to P.S. located at the northeast corner of Middlebelt Road and Bretton Road in Section 1. Upon a motion duly made by Mr. Ward and seconded by Mr. Tent, it was L #1-11-66 RESOLVED that, pursuant to a Public Hearing having been held on December 14, 1965 on Petition 65-11-1-38 as submitted by Thomas G. and Viola R. Bosco, requesting the rezoning of lots 447 and 448 of Supervisor's Livonia Plat #7 from RUF to P.S. located at the northeast corner of Middlebelt Road and Bretton Road in Section 1, the City Planning Commission does hereby recommend to the City Council that Petition 65-11-1-38 be granted for the following reasons: (1) It is consistent with the overall land use plan of the area. (2) It is consistent with the overall land use plan of the City. (3) It is a relatively low traffic generator and will not seriously conflict with the existing residential development within this transition area. FURTHER RESOLVED that notice of the above Public Hearing was published in the official newspaper, the Livonian Observer and City Post, under date of November 24, 1965, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company and Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. Mr. Tent stated it was important that all realized the value of the Livonia Mall Study in administering this petition. I A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Moser, Pollock, Ward, Heusted, Whitehead, Chandler, Wrightman, Walker NAYS: None 4674 Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the nett item on the agenda is a request dated May 3, 1965 from Rodney Kropf, for a one year axtensiOn of the preliminary plat for Philip Judson Gardens Subdivision #2 located in the northeast 1/4 of Section 17. Upon a motion duly made by Mr. Whitehead and seconded by. Mr. Ward, it was #1-12-66 RESOLVED that, pursuant to a request from Rodney Kropf dated May 3, 1965 for a one year extension on Philip Judson Gardens Subdivision #2, located in the Northeast 1/4 of Section 17, the City Planning Commission does hereby grant said request based on the revised plat for the'followinglieasons: • (1) It is of sufficient calibre to justify our approval. (2) It is consistent with the requirements of the Zoning Ordinance. (3) It conforms to the requirements of our Subdivision Rules & Regv:' -tLons<. Section 6.07 (2), Subdivision Rules and Regulations states "The tentative approval shall be valid for a period of one (1) year only from the date of the approving resolution-unless the subdivider applies for and obtains an extension of such period". t Mr. Rodney Kropf, Attorney for the petitioner, stated that he would like to say that he appreciates very much the courtesy that the City Planner gave the owner of this property and that he feels that the way this was designed will benefit them because the park plan was done very nicely. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Pollock, Ward, Heusted, Whitehead, Chandler, Tent, Weightman, Walker NAYS: None Mr. Walker, Chairman, deelared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is the final approval of Meri-Lynn Farms Subdivision #9, located in the Southeast 1/4 of Section 22. Upon a motion duly made by Mr. Ward and seconed by Mr. Wrightman, it was #1-13-66 RESOLVED the final plat of Meri-Lynn Farms Subdivision #9 located in the Southeast 1/4 of Section 22, be given final approval for the following reasons: (1) The final subdivision plat is consistent with the previously approved preliminary plat. L (2) The financial obligations have been met. FURTHER RESOLVED, inasmuch as it appears on the records that tentative 467k approval of said proposed plat was given by the City Planning Commission under Resolution #4-133-56 adopted on April 3, 1956; 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 4, 1959; and it further appearing that the financial assurances have been filed with the City Clerk as confirmed by a letter dated January 19, 1966 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, Heusted, Whitehead, Chandler, Tent, Moser, Wrightman, Walker NAYS: None Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is a one year extension of the preliminary plat for Blue Grass Farms Subdivison located in the south half of Section 18. Upon a motion duly made by Mr. Wrightman and seconded by Mr. Whitehead, it was #1-14-66 RESOLVED that the City Planning Commission does hereby grant a 1 one year extension on the preliminary plat for Blue Grass Farms Subdivison, based on the revised plan, located in the south half of Section 18 for the following reasons: (1) The preliminary plat is of sufficient calibre to justify our approval. (2) It is consistent with requirements of the Zoning Ordinance and Subdivision Rules and Regulations. Section 6.07 (2) , Subdivision Rules and Regulations states "The tentative approval shall be valid for a period of one (1) year from the date of the approving resolution - unless the subdivider applies for and obtains an extension of such period. A roll call vote on the foregoing resolution resulted in the following: AYES: Pollock, Ward, Heusted, Whitehead, Chandler, Tent, Moser, Wrightman, Walker NAYS: None Mr. Walker, Chairman, declared the motion iscarried and the forego4ng resolution is adopted. Mr. Wrightman 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 amend the Master Thoroughfare Plan by extending Levan Road south to Edward Hines Parkway. Upon a motion duly made :;y tr. Wrightman and seconded by Mr. Moser, it was ' , 4670 #1-15-66 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of i the City of Livonia on its own motion does hereby establish and order that a public hearing be held in the City Hall of the City of Livonia, to determine whether or not the Master Thoroughfare Plan, Part I of the Master Plan of the City of Livonia, should be amended by extending Levan Road south of Edward Hines Parkway in Section 32, and IT IS FURTHER RESOLVED, that notice of time and place of said public hearing be published in a newspaper of general circulation in the City of Livonia and that a notice by registered mail be sent to each public utility or railroad company owning or operating any public utility or railroad within the City of Livonia in accordance with the provisions of Act 207 of the Public Acts of Michigan of 1921, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Pollock, Ward, Heusted, Whitehead, Chandler, Tent, Moser Wrightman, Walker NAYS: None Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next itme on the agenda is a motion by the City Planning 4 1:: Commission to hold a public hearing to determine whether or not to include property located in the Northwest 1/4 of Section 21 in Part ✓ of the Master Plan, the Master School and Park Plan. Upon a motion duly made by Mr. Tent and seconded by Mr. Ward, it was #1-16-66 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 on its own motion does hereby establish and order that a public hearing be held in the City Hall of the City of Livonia, to determine whether or not to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to provide for the incorporation of the following described property: Bureau of Taxation Parcel 21M1c. That part of the N.W. 1/4 of Section 21, T 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S 89° 24' E along the N Section line, 492.55 feet, and S 0° 21' 22" E, 533.36 ft. from the N.W. corner of Section 21 and proceeding thence S 0° 21' 22" E, 2100.18 feet; thence S 89° 22' 10" E 1 along the E and W 1/4 Section Line, 161.20 ft; thence N 0° 15' 38" E. 1656.47 ft. ; thence N 0° 09' 24" W, 443.57 ft; thence N 89° 24' ' , 163.59 ft. to the point of beginning. Containing 7.83 acres. ILBureau of Taxation Parcel 21M2b. That part of the N.W. 1/4 of Section 21, T 1 S. , R 9 E., City of Livonia, Wayne County, Michigan, ee.scrired as beginning at a point distant S 89° 24' E along the N Section Line, 248.20 feet and S 0° 12' 22" E, 467$ 533.36 feet from the Northwest corner of Section 21 and pro- ceeding thence S 0° 12' 22" E, 2099 feet; thence S 89° 22' 10" CO E along the E. and W. 1/4 Section line, 251.35 feet; thence N 0° 21' 22" W, 2100.18 feet; thence N. 89° 24' W, 245.75 feet to the point of beginning. Containing 11.98 acres. IT IS FURTHER RESOLVED, that notice of time and place of said public hearing shall be published in a newspaper of general circulation in the City of Livonia and that a notice by regis- tered mail be sent to each public utility or railroad company owning or operating any public utility or railroad within the City of Livonia in accordance with the provisions of Act 207 of the Public Acts of Michigan of 1921, as amended. A roll call vote on the foregoing resolution result ed in the following: AYES: Ward, Heusted, Whitehead, Chandler, Tent, Moser, Wrightman, Walker, Pollock NAYS: None Mr. Walker, Chairman, declaredthe motion is carried and the foregoing resolution is adopted. Mr. Wrightman 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 amend Ordinance No. 543 (Zoning Ordinance) by adding Article XXV, C-3 liJ District Regualtions, and repealing Section 11.03, Waiver Uses, in a C-2 District. Upon a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #1-17-66 RESOLVED that, pursuant to Section 23.01 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, the City Planning Commission on its own motion does hereby provide for a public hearing to be held to determine whether or not to amend the Zoning Ordinance, Ordinance No. 543, by repealing Section 11.03 Waiver Uses, in a C-2 District.and by adding thereto Article XXV, C-3 District Regulations. FURTHER RESOLVED, that ahearing be held and that notice be given as provided in Section 23.01 of the Zoning Ordinance, Ordinance No. 543 of the City of Livonia and that there shall be a report submitted and recommendation thereon to the C ity Council. A roll call vote on the foregoing resolution resulted in the following: AYES: Heusted, Whitehead, Chandler, Tent, Wrightman, Walker, Ward Moser, Pollock NAYS: None Mr. Charles Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is a motion by the City i Planning Commission to hold a public hearing to determine whether or not to amend Subsection (1) of Section 9.01 of Article IX of the Subdivision Rules and Regulations. 1 i . 1 . 467 Upon a motion duly made by Mr. Tent, seconded by Mr. Ward, it was #1-18-66 RESOLVED that, pursuant to Section 14 of Act 285, Public Acts of 1931, of the State of Michigan, the City Planning Commission does hereby establish that a Public Hearing be held to determine whether or not to amend Subsection (o) of Section 9.01 of Article IX of the Subdivision Rules and Regulations, Part III of the Master Plan of the City of Livonia, as follows: (o) CUL-DE-SACS. Cul-de-sacs, designed to be so permanently, shall not be longer than six hundred (600) feet in subdivisions having a zoning classification of R-1 through R-4 (and preferably less) and shall not be longer than one-thousand (1,000) feet in subdivisions having a zoning classification of R-5 and RUF (and preferably less), and shall be provided at the closed end with a turn-around having an outside diameter of at least one hundred twenty (1201 feet. The right-of-way width of the straight position of the street shall be not less than sixty (60) feet in width. The property line at the intersection of the turn-around and the straight position of the street shall be rounded at a radius of not less than twenty (20) feet; and FURTHER RESOLVED, that notice of time and place of public hearing shall be given to the public by publication in the official newspaper of the City of Livonia and by registered United States Mail to each public utility company and to each railroad company owning and operating IL any public utility or railroad within the City of Livonia, Wayne County, Michigan in accordance with the provisions and requirements of Act 207 of the Public Acts of Michigan of 1921, as amended. A roll call vote on the foregoing resolution resulted in the following: Mr. Walker stated that a committee of three men would be setup to study the Subdivision Rules and Regulations. AYES: Whitehead, Chandler, Tent, Moser, Wrightman, Walker, Pollock, Ward, Heusted NAYS: None Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman 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 incorporate 3.5 acres of land in Section- 24 in Part V of the Master Plan, the Master School and Park Plan. Upon a motion duly made by Mr. Ward and seconded by Mr. Tent, it was #1-19-66 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts 1[; of Michigan, 1931, as amended the City Planning Commission of the City of Livonia, on its own motion and pursuant to a request dated November 4, 1965 from the Parks & Recreation Commission, does hereby establish and order that a public hearing be held in the City Hall of the City of Livonia to determine whether or not to incorporate the following 4689 described property into Part V of the Master Plan of the City of Livonia, the Master School and Park Plan: 1 Lot 7- Dutch Mill Gardens A-Subdivision of Part of N. 1/2 of Section 24- T. 1 S. R. 9 E. , E. 1/2 of Lot 8- Dutch Mill Gardens Subdivision- Part of N. 1/2 of Section 24- T. 1 S. R. 9 E. ; W. 1/2 of Lot 8- Dutch Mill Gardens Subdivision- Part of N. 1/2 of Section 24- T. 1 S. R. 9 E. ; IT IS FURTHER RESOLVED, that notice of time and place of said public hearing shall be published in a newspaper of general circulation in the City of Livonia and that a notice by registered mail be sent to each public utility or railroad '•ompany owning or operating any public utility or railroad within the City of Livonia in accordance with the provisions of Act 207 of the Public Acts of Michigan of 1921, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Wrightman, Walker, Pollock, /Ward, Heusted, Whitehead Chandler, Tent NAYS: None IL Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Tent, seconded by Mr. Wrightman and unanimously adopted it was #1-20-66 RESOLVED that the City Planning Commission does hereby approve the minutes of the Planning Commission Meetings held on November 30, 1965 and December 14, 1965. Upon a motion duly made by Mr. Ward, seconded by Mr. Moser, and unanimously adopted, the City Planning Commission does hereby adjourn the 178th Regular Meeting held on January 25, 1966, at approximately 11:30 p.m. CITY PLANNING COMMISSION c--,--&( ',/h/: '''' ' ATTEST : Harry Wri tman, Sec •'tary W I a) 4.441 Ch ries W. Walker, Chairman 1