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HomeMy WebLinkAboutPLANNING MINUTES 1966-02-15 . 4680 MINUTES OF THE 217th SPECIAL MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 15, 1966, the City Planning Commission of the City of Livonia, held the 217th Special Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Raymond W. Tent, Vice-Chairman, called the Public Hearing to order at approximately 8:30 p.m. with approximately 20 interested persons in the audience. Members Present: Raymond W. Tent Donald Heusted Harry Weightman John J. Ward Bob R. Whitehead Marvin Moser Members Absent: Myra Chandler Charles W. Walker * Donald Pollock irk Messrs. Don Hull, Planning Director; John J. Nagy, Assistant Planning Director; Harry Tatigian, Assistant City Planner, were present. Mr. Weightman announced the first item on the agenda is Petition 66-1-1-1 by Mary Grande requesting to rezone property located on the north side of Seven Mile Road between Angling Road and Lathers Avenue in the Southeast 1/4 of Section 1 from RUF to P. Mary Grande, 14909 State Fair East, Detroit, Michigan, was present and outlined her intentions to build a nursing home on the front portion of this property with 10 off-street parking on the rear portion. In order to accomplish parking facilities as required by ordinance, she stated, this rezoning is necessary. Mr. Tent questioned if Mrs. Grande has petitioned for this use as yet. Mr. Hull advised that a petition for a waiver of use has been filed and is scheduled for a public hearing on March 8, 1966. Mr. Weightman questioned what size nursing home is proposed. Mr. W. N. Walters, business partner of l ary Grande, stated that it is not their intention to go to the maximum of 176 beds, but a 150 bed unit is desired. Mr. Wrightman questioned if a site plan showing the location of the building on the property and exits and entrances is available. Mr. Wa lters stated they did not have a working plan completed as yet but the building will be located to the right front of the lot and access will be from Seven Mile Road; the size of the lot, he stated, is 113 feet in width by 1,000 feet in depth. Mr. Weightman questioned if the entire parking area will be paved. Mr. Walters replied, yes. Mr. Tent questioned if there will be a barrier of any type on the sidelines of the a property. Mr. Walters replied, yes, and stated it will be a low type wood fence or something to carry out the colonial design of the built ing. • 4681 Mr. Hull advised the Commis1i6n that 'a teasodatbly adequate site plan has been prepared as part of the waiver use petition that will asiawer most of the questions raised and that it is just a matter Of timing that this resouing petition ii tieing heard prior to the waiver use petition There being no one else present wishing to fie heard regarding this petiiibn Mr. Tent advised that this item will be taken udder adviSetment. Mr. Wrightman announced that the next item on the agenda is Petition 66-1-2-2 by the American Oil Com Ahy requesting a waiver use permit to erect a service station on the southwest corner of Five Mile Road and Merriman Road in the Northeast .1/4 of Section 22. Mr. William Halleran, representing the American Oil Company, P.O. Box 2858, Detroit, Michigan, stated that he is requesting a waiver use approval to construct a service station. Plans will be prepared in accordance with the preliminary plans submitted and will be in conformance with all requirements. Mr. Halleran stated that this property owner also owns the property lying to the south. The plans will show partial use of an unused alley which the owner has petitioned for vacating. The vacation of this alley will afford a nice layout for the proposed brick, colonial building, and the entire property will then be located on the south side instead of the northerly side. Mr. Tent questioned if there is an option on the property. Mr. Halleran replied, yes. Mr. Tent questioned if there is sufficient ground. without the alley being vacated. Mr. Halleran stated that the lot could be built upon, but the vacated alley is desired. W. Tent questioned if the easement is not granted would they still propose to build here. Mr. Halleran stated that he doesn't beliave that will alter their plans but it would be better with the vacated alley. Mr. Tent stated that there are two gas stations here already and questioned what prompted him to build here. Mr. Clarence Gardner, 16025 Northland Drive, Southfield, Michigan,. stated that a survey marketing study has been made and this corner seems to fit the study. Mr. Wrightman stated that this property does not seem to be large enough to conform to the requirements of Section 11.03 of the Zoning Ordinance which sets forth a 400 foot separation of gas stations and residentially zoned property. Mr. Halleran stated that a petition containing the signatures of 719'. of the people - living within 400 feet of the property who do not object to this gas station has been submitted. • Mr. Tent referred to a letter in the file from the Chief City Engineer dated 1/26/66 informing the Commission that there were no engineering problems regarding this petition other than the alley. Mr. Whitehead stated his belief that the key issue is whether or not the Commission feels this area can sustain a service station and that recent studies indicate a 4682 that 2 or 3 stations on one mile road is too many. Mr. Gardner stated that it has been his experience that three stations on heavily ,iii travelled roads can be sucessful and that it is his judgement that a station can do very well here. Mr. Tent stated that two stations within this area have had dire financial difficulties. Mr. Gardner stated that an extensive study has been made of the entire metropolitan area and inasmuch as Merriman Road is going to be a through artery from Eight Mile Road to the Metropolitan Airport it is felt that this is a key corner in their market pattern. • Mr. Ward questioned how the traffic flow could be improved when the mile road corners are flooded with stations. Mr. Gardner stated that last year in his region 33 gas stations were built and 65 were closed and that stations closely together but property placed can be very successful. He further stated that a traffic study made by the Detroit Accident Prevention Bureau shows that gas stations increase traffic safety. Mr. Ward questioned if Mr. Gardner will concede that gas stations impede traffic. Mr. Gardner stated, to a degree. Mr. Ward questioned what control would be had over the tenant of this property re- garding keeping it clean. IL Mr. Gardner advised the Commission that they have two areas to control: (1) The lease is for 1 to 3 years and (2) A sales representative and district engineer call on the dealer and counsel him. Mr. Gardner added that they have a new plan not yet in effect that will be a fixed charge to the dealer for a service that will include wash- ing windows and picking up scrap. Mr. Tent questioned when this plan will go into effect. Mr. Gardner advised that it is being presented to the management at the moment, and that they were cognizant of the litter problem and felt that the only thing they can do is counsel the dealer and the new program will be a great help to everybody. He added that this company has spent thousands of dollars in attempting to have a good program for keeping stations clean. Mr. Moser questioned Mr. Gardner regarding the 65 stations that he mentioned had been closed and what do they do with them. Mr. Gardner stated they they sometimes sell them to adjacent property owners or to someone else for commercial use who completely demolish the improvements. Mr. Gardner advised the Commission that they would offer a contemporary design of station if it was preferred and that the buildings are beautiful and easily converted. Mr. Tent stated that he could not see putting 2 or 3 stations on every corner and he would like to see the industry do something about spreading themselves out a little. Mr. Gardner stated they they don't want stations on every corner and he thinks IL competition feels the same way but, he stated, he feels that in the next five years "t re will be a change in this practice. 4683 Mr. Tent questioned why it had taken so long for the selection of this corner. Mr. Gardner stated that he has been working for two years trying to consummate a deal on this corner. There being no one else present wishing to be heard either for or against this petition, Mr. Tent announced that this item would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 66-1-2-1 by Harry Slatkin Builders, Inc. , requesting a waiver use permit for an Open Space Planned Residential Development located on the north side of Six Mile Road between Wayne and Levan Roads in the Southeast 1/4 of Section 8. and the Proposed Country Homes Estates Subdivision #3 bounded on the north by Curtis Avenue (extended), on the east by Wayne Road (extended) on the south by Six Mile Road and on the west by Denmar Estates Subdivision in the Southeast 1/4 of Section 8. Developer: Harry Slatkin Builders, Inc. , Mr. Hull advised the Commission that these two items were actually the same in as much as item 3 is a request for a waiver use and item 4 is the actual subdivision plat. Mr. Hermanoff, Slatkin Builders, Inc. , 20811 W. Eight,sMile Road, Detroit, 19, Michigan, 1[1; stated that enough land has been reserved here to allow back to back development, and that this type of subdivision is new; stops heavy traffic flow and creates an urban atmosphere. The Planning Department, he added, was very helpful in the re- designing of the first plat. Mr. Tent stated that Mr. Hermanoff had submitted a letter to the Commission regarding sidewalk treatment and street widths and questioned if he had talked with anyone regarding these considerations as yet. Mr. Hermanoff stated that he talked with Mr. Strasser who had indicated he would go along with the 27 foot street widths. Mr. Hermanoff stated that the reason for the 4 foot sidewalk is because, personally, he would like to eliminate sidewalks so there wouldn't be the "citified" look and as much lawn as possible could be kept. Mr. Whitehead stated that he would visualize a safety hazard here. Mr. Hermanoff stated he is not aware that there will be a safety hazard but the main reason for this request is for deeper lot area. Mr. Tent stated that the Police Department has had considerable problems regarding sidewalks and that this is not what they desire. Mr. Whitehead stated he believed that the concern is for the children and their use of these sidewalks so near to the street. He further stated a concern for the 27 foot street width in regard to the necessity of bringing in emergency equipment when 4 feet of street means a lot. Mr. Whitehead stated he feels the ordinance should be conformed to. 4684 Mr. Tent stated that this is an excellent type development and he can't see why the developer can't go along with the five ordinance requirements and still have some- thing nice. Mr. Hermanoff stated that is conventional sidewalks and 31 foot pavement is what is wanted that is what he will do. It is not a question of saving money but his desire to keep this subdivision as suburban as possible. * Mr. Pollock entered the meeting as 9:30 p.m. Mr. Joe Skiercz, 15357 Farmington Road, stated that he is Mr. Kocinsky's business manager who has a piece of property at Curtis and Wayne Road, and questioned why Wayne Road was being cut off at the point where it is now instead of going all the way down to Six Mile Road. Mr. Hull advised that the Planning Commission and Planning Department has been trying to get away from the straight grid iron street pattern because it generates a high volume of traffic and by creating a more circuitous street it is felt the harassment of the people will be lessened. Mr. Skwiercz stated his opinion that a circuitous street is a problem regarding firC and police protection. Mr. Hull questioned if he had plans for making this property nonresidential and that he can't see how the property Mr. Skwiercz refers to can be benefitted by increasing traffic unless he had some nonresidential use in mind. Mr. Skwiercz stated that he doesn't believe this is going to be a typical business type of street because of the location of Wayne Road and questioned what basis is there for there being more traffic on a straight street. Mr. Hull sti.ted that a straight street is used more by transient traffic than a circular street but he doesn't feel it is his prerogative to debate this matter at this time. Mr. Wrightman stated in regard to Mr. Skwiercz's question as to why Wayne Road is not extended, that to his knowledge the area has not been developed yet to where the people who will be effected by the road are able to be assessed for it. General discussion was held regarding the extension of Wayne Road. Mr. Skwiercz questioned what size home is going into this development. Mr. Hermanoff advised that he has submitted a brochure indicating the type of home he is building in Country Homes Estates #2 and that he hopes to improve on these 2,073 square foot, $28,000- $31,000 homes and anticipates that the price of these two story homes in Country Homes Estates #3 will be considerably higher. Mr. Skwiercz questioned if this area is within the zoning as it is now. Mr. Hull advised that it is within the scope of the ordinance and that Mr. Hermanoff has the option to apply for reduction of lot size without increasing density. Mr. John Vargo, 18100 Wayne Road, stated that there will be four streets between five houses which will create more traffic and questioned why there can't be a street opened up unto Curtis and to Six Mile Road. 1 4685 j Mr. Hermanoff stated .t, th ..t64it "hottsas..will oat back quite far• and the only house that is close to the street is the most northerly house. Mr. Vargo questioned how he will get into the property to develop it. Mr. Hermanoff stated they will use the enttance off Six Mile Road, _that., there is a • service road and conttaCtots Viii .be instructed-to...etay out of Wier Estates Subdivision ,, Mk& gUti 'Staked that the tidestiOh Of the half otieet bet the ektetis ;ob df Wayne kdad end dtvei eight along Cottle will have to'be s�s l$Md bit it ia' tot i1itlt the pre. to etiOe d 8 the. Planning thiamlSsion t* solve theblt the City tctuncil Will be re- quirdd to old hearings to soitte these problems. Mro key A4 Clatk, 350/ f4 Six Mile Road, stated ihath.8 pest contdtt with kith Baldish has .not been very pleasant becat a of the type of hitits he has developed.' Mil Clark stated that the matter of lot deficiency has been ieferred to the Zoning board of Appeals and is on their February Meeting ggobda, that the Planning. Commission and City Planner have made a th'nrough study for a Master ,Plata for the City and it is his opinion that anybody WO desires to alter ,t is plan it aftet fioneY. He questioned who will take care of this park area And bit will the child df i4 ate. back lots get to it. Mr. Clark stir d his feelings: t Smaller lots Yate se. khe value of homes and that this area has been ?et side for large lots. He futther stated that this builder put up mfit 4 le dwellings in Detroit on Southfield and eJti though the people objected to theft and did not want them they still got them. Mr. Hermanoff stated that he objects to Mr. Clark's statements and that he believes Mr. Clark is referring to Slavik Builders, not Slatkin Builders, and that he did not build multiple dwellings on Southfield in Detroit and that Mr. Clark's statements are not the truth. Mr. Clark stated his objections to that statement. Mr. Hull stated that the developer has committed himself to the type of development that will be put in. Mr. Leslie Forsythe, 9319 Mendota, stated that he is building a house and is concerned about sewers on Wayne Road and questioned if they will go down Wayne Road in front of the houses. Mr. Hull stated that is correct, this land can be serviced by all utilities and it is his opinion that the sewer would go down Wayne Road and then down the residential street to the west. Mr. Forsythe questioned if it is true that once sewers are in the people are given eighteen months to hook into the m. Mr. Tatigian, City Attorney, stated that that is correct. Mr. Forsythe questioned how long it will be before sewers are in. Mr. Tatigian stated that Mr. Forsythe should take these matters up with Mr. Strasser, Chief City Engineer. Mr. Vargo stated that Wayne Road is private down by the end of Six Mile Road and no one has approached us about it or have tried to buy it, and questioned if they 4686 will be forced to hook into the sewer. Mr. Hermanoff stated that he is proposing to pave only half of Wayne Road and that half has been bought and paid for and they will in no way encroach on private property, and that if they owned both sides of Wayne Road both sides would be paved. Mr. Tent advised that the road will be developed on both sides and the people will have an opportunity at an assessment meeting to voice an opinion. Mr. Celina, 18040 Wayne Road, stated that he wished to compliment the Slatkin Builders for putting in a subdivision that is not a grid iron pattern but feels that the houses are too big for the lot size. Mr. Tent stated that Mr. Hermanoff is within his rights building this type of house on this size lot. Mr. Celina questioned if the s ame size house could be built on the west side of Wayne Road as those on the east side which lots are 165 feet. Mr. Herman replied, of course not. Further discussion was held regarding the improvement of Wayne Road. #2-21-66 RESOLVED that the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, February 15, 1966, at approximately 10:10 p.m. * * * * Mr. Tent, Vice-Chairman, called the 217th Special Meeting to order at approximately 10:30 p.m. with approximately 25 interested persons in the audience. Mr. Wrightman announced that the first item on the agenda is a resolution by the Planning Commission commending James A. Cameron for services rendered to the Planning Commission. Upon a motion duly made by Mr. Wrightman and seconded by Mr. Heusted, it was #2-22-66 WHEREAS, James A. Cameron has diligently served on the Planning Commission for five years and has unselfishly given of his time and talents to help make Livonia a better City in which to live, work and play; and WHEREAS, in the course of such service he has offered constructive suggestions and ideas to implement the effectiveness of the Planning Commision; and WHEREAS, he has withstood public pressure to make unbiased judgments for the betterment of the entire City; and WHEREAS, his dedication and spirit of fairness will be an example for all public officials and public servants, NOW, THEREFORE, BE IT RESOLVED that the City of Livonia Planning Commission and Planning Director take this means to express their sincere appreciation and heartfelt thanks to James A. Cameron for a job well done. 4687 A roll call vote on the foregoing resolution resulted in the following: 1[) AYES: Moser, Pollock, Ward, Heusted, Whitehead, Tent, Wrightman NAYS: None ABSENT: Walker, Chandler Mr. Tent, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 66-1-1-1 by Mary Grande requesting to rezone property located on the north side of Seven Mile Road between Angling Road and Lathers Avenue in the Southeast 1/4 of Section 1 from RUF to P. Mr. Tent, Vice-Chairman, announced that this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 66-1-2-2 by The American Oil Company requesting a waiver use permit to erect a service station on the southwest corner of Five Mile Road and Merriman in the Northeast 1/4 of Section 22. Upon a motion duly made by Mr. Whitehead and seconded by Mr. Wrightman, it was #2-23-66 RESOLVED that, pursuant to a Public Hearing having been held on February 15, 1966 on Petition 66-1-2-2 as submitted by The American Oil Company requesting a waiver use permit to erect a service station on the southwest corner of Five Mile Road and Merriman Road in the Northeast 1/4 of Section 22, the City Planning Commission does hereby recommend to the City Council that Petition 66-1-2-2 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 uses, the site . layout and its relationship to streets giving access, shall 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 location 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 area is already being adequately serviced by similar uses and there is no need for additional facilities of this • 4688 type in this location at this time. FURTHER RESOLVED, that notice of the above Public Hearing was sett 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: Pollock, Ward, Heusted, Whitehead, Tent, Wrightman, Moser, NAYS: None ABSENT: Walker, Chandler Mr. Tent, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 66-1-2-1 by Harry Slatkin Builders, Inc. , requesting a waiver use permit for an Open Space Planned Residential Development located on the north side of Six Mile Road between Wayne and Levan Roads in the Southeast 1/4 of Section 8. Upon a motion duly made by Mr. Ward and seconded by Mr. Whitehead, it was #2-24-66 RESOLVED that, pursuant to a Public Hearing having been held on February 15, 1966 on Petition 66-1-2-1 as submitted by Harry Slatkin Builders, Inc. , requesting a waiver use permit for an Open Space Planned Residential Development located on the north side of Six Mile Road between Wayne and Levan Roads in the South— east 1/4 of Section 8, the City Planning Commission does hereby recommend to the City Council that Petition 66-1-2-1 be granted for the following reasons: (1) The proposed development is of sufficient calibre to justify our approval, (2) The proposed development is consistent with the land use pattern of the area, (3) The gross density of the project has been reduced rather than increased, AND THAT, the Commission hereby recommends to the City Council that the following variations be granted: (1) That the site plan, as submitted, be approved. (2) The requested variance for reduced sidewalk width be denied. (3) That the setback requirements of the R-3, rather than the R-4 district, shall apply in all cases. (4) That the conventional development standards as specified in Ordinance No. 500 shall apply in all cases. t AND THAT, a transmittal letter accompPny this resolution when it is forwarded to City Council informing them of the procedure and also of the need for ironing out such details as half streets and benefit assessments; 4689 IT IS FURTHER RESOLVED that notice of the above public hearing was sent to property owners within 500 feet, petitioner and City De- partments as listed in the Proof of Service. Mr. Wrightman stated, for the benefit of people in the audience, that what the Commission has done is approve the waiver use permit and in so doing has taken the qualifications of the 90' lot down to the 80' lot, but that all things in Ordinance #500 will be complied with. Mr. Tent advised that the action taken tonight will only grant Mr. Hermanoff the Waiver Use for this development and that this action will go to the City Council for their approval of the Planning Commissions decision. Then, Mr. Tent stated, the Commission will act on the approval of the preliminary plat after the Council takes action on the Waiver Use. A roll call vote on the foregoing resolution resulted in the following: AYES: Pollock, Ward, Heusted, Whitehead, Moser, Tent, Wrightman, NAYS: None ABSENT: Walker, Chandler Mr. Tent, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is the Petition 66-1-4-1 proposed Country Homes Estates Subdivision #3 bounded on the north by Curtis Avenue (extended) , on the east by Wayne Road (extended), on the south by Six Mile Road and on the west by Denmar Estates in the Southeast 1/4 of Section 8. Mr. Tent, Vice-Chairman, announced that this item will 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, approximately 1,340 feet north of Schoolcraft Road in Section 21, from R-2 to R-7 for construction of a multiple dwelling complex. Upon a motion duly made by Mr. Whitehead and seconded by Mr. Wrightman, it was #2-25-66 RESOLVED that, pursuant to a Public Hearing having been held on January 25, 1966 on Petition 65-12-1-41 as submitted by William N. Ponder, attorney for William E. Parks, requesting to rezone 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 construction of a multiple dwelling complex, the City Planning Commission does hereby recommend to the City Council that Petition 65-12-1-41 be approved for the following reasons: (1) This area can stand an increase in density because of the large quantity of public and quasi-public open area. (2) The proposed development is located in proximity to streets that were originally designated to carry more than the normal flow of residential traffic. 4690 (3) The natural qualities of this site will help assure the success of this project. (4) This site has tremendous potential for high calibre, high quality, multi-family development. Mr. Tent read a letter dated February 9, 1966 from Mr. Alan Walt, approved by William E. Parks, and an addendum dated February 11, 1966 signed by William E. Parks, relative to their committal regarding one and two bedroom units and density. A roll call vote on the foregoing resolution resulted in the following: AYES: Ward, Heusted, Whitehead, Moser, Pollock, Tent, Wrightman NAYS: None ABSENT: Walker, Chandler Mr. Tent, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 65-12-2-16 by Berg Associates Corporation requesting to be granted a waiver use permit to construct and operate a 60 unit motel and health club on part of parcel 24AA, located on the northeast corner of School- craft Road and Middlebelt Road in Section 24, Upon a motion duly made by Mr. Pollock and seconded by Mr. . Heusted, it was #2-26-66 RESOLVED that, pursuant to a Public Hearing having been held on January 4, 1966 on Petition 65-12-2-16 as submitted by Berg Associates Corporation requesting to be granted a waiver use permit to construct and operate a 60 unit motel and health club on part of parcel 24AA, located on the northeast corner of School- craft Road and Middlebelt Road in Section 24, the City Planning Commission does hereby recommend to the City Council that Petition 65-12-2-16 be denied for the following reasons: (1) The proposed location and character of the use will not be in harmony with appropriate and orderly development of the surrounding area and neighborhood. (2) The location 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. (3) 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. (4) The location and size of the proposed use, the nature and intensity of the proposed use and accessory uses, the site layout and its relationship to adjacent development may be such that the traffic to and from the use and the .assembly of persons in conjunction with the use, may be hazardous and 4691 inconvenient to the adjacent development and may unduly conflict 11: with the normal traffic of the adjacent developement. FURTHER RESOLVED, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments aslist in the Proof of Service. Mr. Harrison Mercer, 29339 Meadowlark, Representing the Compton Village Civic Association Executive Board, read a letter to Mr. Charles W. Walker dated February 14, 1966 from W. W. Hodges, President of Compton Village Civic Association, stating that this board is not in support of the proposal by Mr. Berg and Associates and recommend that the Planning Commission vote to deny• this pt`.ition. A roll call vote on the foregoing resolution resulted in the following: AYES: Ward, Heusted, Whitehead, Moser, Pollock, Tent, Wrightman NAYS: None ABSENT: Walker, Chandler Mr. Tent, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced 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, approx- imately 120 feet west of Osmus in Section 3 from RUFB to P.S. Mr. Tent advised the Commission that a letter dated February 14, 1966 has been received from Solomon Bienenfeld, petitioner, requesting that this petition be withdrawn. Upon a motion duly made by Mr. Wrightman, seconded by Mr. Whitehead, it was #2-27-66 RESOLVED that, pursuant to a Public Hearing having been held on January 25, 1966 on Petition 65-12-1-42 as submitted 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. , and pursuant to a letter dated February 14, 1966 from Solomon Bienenfeld requesting that said petition be withdrawn, the City Planning Commission does hereby allow the petitioner to withdraw Petition 65-12-1-42. FURTHER RESOLVED that notice of the above public hearing was published in the official newspaper, The Livonian Observer and City Post, under date of January 5, 1966, 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 as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Heusted, Whitehead, Moser, Pollock, Tent, Wrightman, Ward NAYS: None ABSENT: Walker, Chandler Mr. Tent, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. ' 4692 Mr. Wrightman announced the next item on the agenda is Petition 65-8-7-1 by the City Planning Commission requesting to incorporate parcel 06K1b2 IL into the Master School and Park Plan of the City of Livonia. Property is located north of Seven Mile Road and east of Haggerty Road in Section 6. (90acres). Upon a motion duly made by Mr. Weightman and seconded by Mr. Ward, it was #2-28-66 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 having duly held a Public Hearing on September 21, 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 6K1b2, located on the northeast corner of Seven Mile Road and Haggerty Road in the Southwest 1/4 of Section 6, as a park site (90 acres) for the following reasons: (1) There is a need for this type of facility within our City. (2) The physical characteristics of this property dictate that this is the highest and best use for this land. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931 as amended, theCity Planning Commission does hereby adopt said amendment as part of the Master School and Park Plan of the City of Livonia, which is ilr: 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: "We certify that the foregoing resolution was duly adopted at a meeting of the City Planning Commission on Tuesday, February 15, 1966 by the following vote: AYES: Heusted, Whitehead, Moser, Pollock, Ward, Tent, Wrightman NAYS: None ABSENT: Walker, Chandler Mr. Tent, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Tatigian, Assistant City Attorney, stated that he would concur withthe action of the Planning Commission but requested that a consideration also be taken on an extra item to include the adjacent ten acres which is east of Haggerty and south of Philips Road since the ten acres is also to be included in the City's application for federal aid with regard to the 90 acres being considered this evening. Formal action taken by the City has been that the City Council has adopted the necessary resolution which will be forwarded to Chicago within several weeks requesting federal participation to the extent of 50% in the acquisition of the 90 acres which the Planning Commission has con- sidered this evening and the adjacent ten acres. The council will also consider the feasibility of entering into an option agreement for the purchase of the 90 acres; they have certain things in mind they may want to iron out. It is not completely settled at this point, however, I feel confident that we will resolve this matter within a short time. Mr. Tatigian added that the City has not formally committed itself to acquiring this property but that it is getting closer. 4693 ** Mr. Pollock was excused from the meeting at 11:00 p.m. Upon a motion duly made by Mr. Weightman and seconded by Mr. Ward, it was #2-29-66 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission 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 incorporate the following described property into the Master School and Park Plan, Part V of the Master Plan of the City of Livonia: Parcel 06K2. That part of the S.W. 1/4 of Section 6, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. line of Haggerty Road, 120 ft. wide distant due south along the W. Section line, 543.0 ft. and N. 89° 31' E. , 60.0 ft. from the W. 1/4 corner of Section 6 and proceeding thence due north along said E. line, 480.17 ft. ; thence along a tangent curve to the right, radius 20.0 ft. , a distance of 31.42 ft. , and tangent to said curve, N. 89° 31' E. along the S. line of Phillips Road, 43 ft. wide, 851.58 ft. , thence south, 500.0 ft. ; thence S 89° 31' W. , 871.41 ft. to the point of beginning. (Consisting of 10.00 acres). This ten acre parcel is located at the southeast corner of Haggerty Road and Phillips in the S.W. 1/4 of Section 6. IT IS FURTHER RESOLVED, that notice of time and place of said 11:! public hearing shall be published in a newspaper of general circulation in the City of Livonia and that a notice by registered mail be sent to each public utility or railroad company owning or operating any public utility or 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: Heusted, Whitehead, Moser, Ward, Tent, Wrightman NAYS: None ABSENT: Walker, Chandler, Pollock Mr. Wrightman announced that the next item on the agenda is a one-year extension of the preliminary plat, as revised, for Stark Gardens Subdivision. Upon a motion duly made by Mr. Whitehead and seconded by Mr. Ward, it was #2-30-66 RESOLVED that, pursuant to a request from Jack N. Tucker dated August 19, 1965, for a one year extension on Stark Gardens Subdivision, located in the Southwest 1/4 of Section 21, the City Planning Commission does hereby grant said request based on the revised plan, for the following reasons: t, (1) It is of sufficient quality to justify our approval. (2) It is consistent with the Zoning Ordinance. • . 4694 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 t 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: Moser, Ward, Heusted, Whitehead, Tent, Weightman NAYS: None. ABSENT: Walker, Chandler, Pollock Mr. Tent, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda to be taken up at this time is the final approval of Tiffany Park Subdivision #3, located in the Northwest 1/4 of Section 19. Upon a motion duly made by Mr. Ward and seconded by Mr. Wrightman, it was #2-31-66 RESOLVED that the City Planning Commission does hereby recommend to the City Council that the final plat of Tiffany Park Subdivision #3 located in the Northwest 1/4 of Section 19, be giv en final approval for the following reasons: (1) It is consistent with the previously approved preliminary plat. 1 (2) A11 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 #5-104-65 adopted on May 18, 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 December 8, 1965; and it further appearing that the financial assurances have been filed with the City Clerk as confirmed by a letter dated February 8, 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: Ward, Heusted, Whitehead, Tent, Wrightman, Moser NAYS: None ABSENT: Walker, Chandler, Pollock Mr. Tent, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda to be taken up at this time is a request for a one year extension on the preliminary plat of Steven Brian Subdivision, located in the Northeast 1/4 of Section 20. Upon a motion duly made by Mr. Whitehead and seconded by Mr. Ward, it was 4695 #2-32-66 RESOLVED that pursuant to a request dated January 5, 1966 from Stanley L. Satovsky for a one year extension on proposed Steven Brian Subdivision, located in the northeast 1/4 of Section ' 0, the City Planning Commission does hereby grant said request for the following reasons: (1) The subdivision developer has been delayed by engineering problems that are beyond the control of the developer. 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 subdivi..er applies for and obtains an extension of such period". A roll call vote on the foregoing resolution resulted in the following: AYES: Ht-vsted, Whitehead, Moser, Ward, Tent, Wrightman NAYS: None ABSENT: Walker, Chandler, Pollock Mr. Tent, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Weightman announced the next item on the agenda is a motion by the City Planning Commission pursuant to Council Resolution # 877-65, to hold a public hearing to determine whether or not to amend the 4; Zoning Ordinance, Ordinance No 543, by adding thereto Sections 18.51 and 18.52 (prohibiting the drilling of oil and gas wells within the City of Livonia). Upon a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #2-33-66 RESOLVED that, the City Planning Commission, pursuant to Section 23'.01 of the Zoning Ordinance No. 543 of the City of Livonia and Resolution # 877-65 adopted by the City Council on Sept ember 22, 1965, does hereby establish and order that a Public Hearing be held to determine whether or not to adopt the following proposed Ordinance: AN ORDINANCE AMENDING ARTICLE XVIII OF ORDIANCE NO. 543, AS AMENDED, OF THE CITY OF LIVONIA KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTIONS 18.51 AND 18.52 THERETO THE CITY OF LIVONIA ORDAINS: Section 1. Article XVIII of Ordinance No. 543, as amended, of the City of Livonia known and cited as the "City of Livonia Zoning Ordinance" is hereby amended to add Sections 18.51 and 18.52 as follows: Section 18.51 Oil and Gas Wells. No oil well or natural gas well shall be drilled, established or maintained in the City of Livonia, nor may any drilling rig or similar equipment be erected or constructed for the purpose of drilling, establish- ing or maintaining an oil or gas well. 4696 Section 18.52 Storage of Oil, Natural Gas and Other dighly Flammable Products. Except as otherwise provided in this ordinance, no natural gas, crude oil, •rude oil deriva- tive, or other highly flammable or explosive product shall be stored either above or below the ground in tanks or other manufactured receptacle, or below ground in naturally formed voids, fissures, faults, or porous formations. Provided, how- ever, that this section shall not be construed so as to proscribe the storage of such products in quantities reasonably necessary for any use allowable within the district in question. Section 2. All Ordinances or part of ordinances in conflict here- with are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as effecting the validity of any of the remaining portions of this ordinance. FURTHER RESOLVED, that a hearing 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 City Council. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Ward, Heusted, Whitehead, Tent, Wrightmat} NAYS: None ABSENT: Walker, Chandler, Pollock Mr. Tent, Vice-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, pursuant to City Council Resolution # 73-66, to hold a public hearing to determine whether or not to amend the Zoning Ordinance, Ordinance #543, by adding Section 18.53 thereto (illegal parking of motor vehicles). Upon a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #2-34-66 RESOLVED that, the City Planning Commission, pursuant to Section 23.01 of the Zoning Ordinance No. 543 of the City of Livonia and Resolution # 73-66 adopted by the City Council on January 19, 1966, does hereby establish and order that a Public Hearing be held to determine whether or not to adopt the following proposed ordinance: AN ORDINANCE AMENDING ARTICLE XVIII OF ORDINANCE NO. 543 OF THE CITY OF LIVONIA KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING 1111;''' THERETO SECTION 18.53 THE CITY OF LIVONIA ORDAINS: Section 1. Article XVIII of Ordinance No. 543 of the City of 4697 Livonia, khdwn and cited as the "City of Livonia Zoning Ordinance", is hereby emeltde �ji adding Section 18.53 thereto, which section shall read as follows: i Section 18.5) 11,1 ga Parking of Motor Vehicles: Tickets; Towing of Mot* Vehicles. (a) 7t shall be unlawful fiot any motor vehicle which is abandoned or unlicensed to be patked on private property cont 'ary to the provisions of Ordinance NO. 545 entitled;"City of Livonia Zoning Ordinance", and whenever the owner or operator of any such motor vehicle is convicted of violating any of the provisions of said Ordinance pertaining to parking of motor vehicles on private property, such violation shall be deemed to be a misdemeanor and shall be subject to all the penalties set forth in said Ordinance No. 543. (b) The officer or employee of the City authori.,zed to enforce the provisions of said Ordinance No. 543, entitled "City of Livonia Zoning Ordinance," may serve upon the owner or operator of such vehicle, or fasten to or fix upon such vehicle in a conspicuous place, a notice directing the owner or operator thereof to appear at the traffic vidlations bureau of the City within the time specified in such notice, (C) Such notice shall state the date and location of the premises where such violation occurred, the time of violation, the kind of vehicle, the state license number of such vehicle, and the year issued, and any other facts describing such violation or identifying the operator. A copy of such notice may be fastened to or fixed upon such vehicle in a conspicuous place in such manner that it will notify the owner or operator of such vehicle that it was parked in violation of the said zoning ordinance, and it shall direct such owner or operator that such violation can be fully settled and satified by the payment of the SUM of two dollars to the traffic violations bureau, Municipal Court Building, City of Livonia, Michigan, within 48 hours of the time when such notice was attached to said vehicle. (d) If such owner or operator does not appear in response to said notice within a period of 48 hours, the violatinns bureau shall send the owner of the motor vehicle a letter informing him of the violation and warning him that he will be held responsible for the appearance of the offender, and that in the event said letter is disregarded for a period of five days thereafter, a complaint shall be filed, and a warrant for the arrest of said owner will be requested. (e) In the event any person fails to comply with a notice from said violations bureau as provided therein, or fails to make an appearance pursuant to a summons directing an appearance in said violations bureau, the bureau shall forthwith request a complaint to be entered against said person and a warrant issued for his or her arrest. (f) The officer authorized to enforce the provisions of said ordinance No. 543 may in his discretion remove or cause to be removed or towed away under his direction any such motor vehicle which is flagrantly, continuously or peristently violating the provisions of the zoning 4698 ordinance relating to the parking of motor vehicles on private property. Any such motor vehicle thus removed or towed way shall be 'taken to the City automobile or motor vehicle pound or to a privately owned garage and kept under the custody or control of the officer or person in charge thereof; provided, however, that any such removal or towing shall be at the risk of the owner of said vehicle. Before the owner or person in charge of such motor vehicle shall be permitted to remove said vehicle from said custody, he shall furnish evidence of his identification, proof of ownership, and right to possess such vehicle, and shall sign a receipt for said vehicle. For a first violation he shall pay the traffic violations bureau of the City a towage fee of ten dollars, plus storage charges of $1.00 per day, and for each successive violation, he shall pay a fee of five dollars, plus storage and towing charges as aforesaid. (g) In any prosecution or proceeding under this s*c.tion, the registration plate displayed on a motor vehicle shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked said vehicle at the place where such violation occureed. (h) For the purposes of this section, a motor•.abhicle of any kind, licensed or unlicensed shall be deemed abandoned when it has remained parked, stored, or left or been permitted to be parked, -stored, or left on private property for a period of seventy-two (72) continous hours or more, which vehicle is in rusted, wrecked, junked, partially dismantled, or in- operative, or abandoned conditions, whether attended or not, unless same is completely enclosed within a garage or other suitable building or structure. Provided, however, that this section shall not be applicable where a vehicle is being stored, used or repaired, in connection with the following designated uses: (1) auto repair and service garages; (2) junk yards and business handling junk; wastes, trash or rubbish; and (3) used auto parts or auto wrecking establishments, Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance. IT IS FURTHER RESOLVED, that a hearing be held and that notice be given as provided in Section 23.01 of the Zoning Ordinance, Ordinance #543, of the City of Livonia and that there shall be a report submitted and recommendations thereon to the City Council. 4699 A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Ward, Heusted, Whitehead, Tent, Wrightman NAYS: None ABSENT: Walker, Chandler, Pollock Mr. Tent, Vice-Chairman, declaredthe motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is motion by the City Planning Commission, pursuant to City Countil Resolution # 1182-65, to hold a public hearing to determine whether or not to repeal Section 10.07 and Section 11.08 of Ordinance # 543. (front yard set-back requirementsix commercial buildings) Upon a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #2-35-66 RESOLVED that, the City Planning Commission, pursuant to Section 23.01 of the Zoning Ordinance #543 of the City of Livonia and Resolution # 1182-65 adopted by the City Council on December 8, 1965, does hereby establish and order that a Public Hearing be held to determine whether or not to adopt the following proposed ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 543, THE ZONING ORDINANCE OF THE CITY OF LIVONIA, AS AMENDED, BY AMENDING SECTION 10.07 OF ARTICLE X AND SECTION 11.08 OF ARTICLE XL THEREOF THE CITY OF LIVONIA ORDAINS: Section 1. Section 10.07 of Article X of Ordinance No. 543, as amended, known and cited as the "Zoning Ordinance of the City of Livonia", is hereby amended to read as follows: Section 10.07 Front Yard for Commercial Buildings: Exception. REPEALED. Section 2. Section 11.08 of Article XI of Ordinance No. 543, as amended, is hereby amended to read as follows: Section 11.08 Front Yards for Commercial Buildings Exception. REPEALED. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 4. Should any portion of this ordinance be held in- valid for any reason, such holding shall not be construed as affecting the validity of the remaining portions of this ordinance. IT IS FURTHER RESOLVED, that a hearing be held and that notice be given as provided in Section 23.01 of the Zoning Ordinance; Ordinance #543, of the City of Livonia and that there shall be a report submitted and recommendations thereon to the City Council. 4700. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Ward, Heusted, Whitehead, Tent, Wriglilman NAYS: None ABSENT: Walker, Chandler, Pollock Mr. Tent, Vice-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 Planning Commission on its own motion to hold a public hearing to determine whether or not to vacate the alley 100 feet north of and parallel to Plymouth Road from Stark Road to the east line of the Walter Dann Subdivision. Upon a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #2-36-66 RESOLVED that, the City Planning Commission, pursuant to Section 23.01 of the Zoning Ordinance No. 543 of the City of Livonia, on its own motion does hereby establish and order that a Public Hearing be held to determine whether or not to vacate the following described property: Vacation of the alley more particularly described as immediately north of and adjacent to lots 1 through 14, both inclusive, Walter Dann Subdivision, as recorded in Liber 67, Page 79, Wayne County Records, said Subdivision being a part of the Southeast 1/4 of Section 28, T 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan The alley to be vacated is located on the east side of Stark Road, approximately 180 feet Porth of Plymouth Road. IT IS FURTHER RESOLVED, that a hearing be held and notice be given as provided in Section 23.01 of the Zoning Ordinance No. 543 of the City of Livonia and that there shall be a report submitted and recommendation thereon to the City Council. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Ward, Heusted, Whitehead, Tent, Wrightman NAYS: None ABSENT: Walker, Chandler, Pollock Mr. Tent, Vice-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, pursuant to Council ResolUnion #1161-65, to hold a public hearing on the question of such amendments as may be necessary to the Zoning Ordinance, Ordinance #543, so as to amend and modify the same in a manner which will obviate the necessity presently provided for in the Ordinance for City Council approval on requests made for grants of waivers (waiver uses). Upon a Motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was 4701 #2-37-66 RESOLVED that, pursuant to Council Resolution #1161-65, 4 the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to adopt the following proposed ordinance, the intent of which is to obviate the necessity presently provided for in said ordinance for City Council approval on requests made for grants of waivers (waiver uses); SEE ATTACHED PROPOSED ORDINANCE IT IS FURTHER RESOLVED, that a public hearing 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 City Council. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Ward, Heusted, Whitehead, Tent and Wrightman NAYS: None ABSENT: Walker, Chandler, Pollock . Mr. Tent, Vice-Chairman, declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Ward, seconded by Mr. Whitehead, and unanimously adopted, the City Planning Commission does hereby adjourn the 217th Special Meeting held on Tuesday, February 15, 1966, at approximately 11:10 p.m. CITY PLANNING COMMISSION Harry Wri'$htman, ecretary ATTESTED: /e61- /1,1.4e-j&/ -4/ Raymo d W. Tent, Vice-Chairman I