Loading...
HomeMy WebLinkAboutPLANNING MINUTES 1967-01-17 • MINUTES OF THE 230th SPECIAL MEETING AND PUBLIC 5021 • HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA, On Tuesday, January 17, 1967 the City Planning Commission of the City of Livonia held a public hearing and its 230th Special Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Charles W. Walker, Chairman, called the public hearing to order at 8:50 P.M. with approximately 25 interested persons in the audience. Members present: Charles W. Walker Marvin Moser Donald Heusted Harry H. Wrightman Mrs. Mimi Singer Raymond W. Tent iJohn J. Ward Members Absent: Donald Pollock Mrs. Myra Chandler Messrs. Don Hull, Planning Director, John J. Nagy, Assistant Planning Director; Harry C. Tatigian, Assistant City Attorney and Robert M@nzies of the Planning Department were also present. Mr. Walker announced that the first item onthe agenda is Petition 66-10-3-12 • by J. W. Smelser requesting to vacate an alley located south of and parallel to Seven Mile Road from Brookfield to the east line of parcel 10W. Mr. Walker stated that there were two, letters in the file, one from Michigan Bell Telephone Company and the other from the City Engineering Division, both stating they had no objections to the vacation of this alley. Mr. Smelser, the petitioner, was present and explained that the reason for the request is that he built a room onto the house four years ago and found out approximately 3 months ago from a surveyor that the room is over the easement in question. He needs this to have clear title for the sale of the property. Mr. Tent asked if he was aware° of the encroachment when the addition was put on the home. Petitioner said he only found nut three months ago. Mr. Tent asked if he obtained a permit tr add four years ago. Mr. Tent asked how a permit could be issued when an easement is involved. Mr. Hull stated it could be that the plot plan did not indicate all the information in which case a permit would have been issued or that the plan of the house as built would not conform to that.. sent to the Inspection Department in which case violations would not be caught. He agreed with Mr. Tent that this should be prevented. Petitioner stated that his home was built in 1946 or 1947. Mr. Nagy stated that petitioner also owns the property to the south and possibly when the plot plan was prepared it included the entire area without lot lines within or the easement thereon. After a short general discussion, Mr. Walker announced that this matter would be taken under advisement. . 5022 Mr. Walker announced that the next item on the agenda is Petition 86-11-7-15 by the City Planning Commission requesting to amend the Master School and Park Plan by including property located at the southwest corner of • ' Curtis and Laurel in the Southwest 1/4 of Section 9. (Parcel 09�12H, 37.77 acres). Mr. Donald Burns, of 31850 Six Mile Road, Livonia, Michigan was in the audience and pointed out his property on the map in relation to the property in question. He stated that this park is not needed, necessary or wanted; he thought that the policy there was to have large lots with park of their own which is in use in that section; theee is no reason for a public park, to objecting to the type of people who would use it and for what. He stated that it is his understanding that there is a big park proposed in Section 10 and cannot understand why there must also be one in this section, it means removal of tax base, maintenance, polici1g,. etcs If this park is to help Section 16, why not put in Section 16, he stated and added that Section 16 already has a swim club. Mrs. Singer stated that this meeting was not held to adopt a park as such but whether that particular area should be put on the map. Mr. Hull stated that there is a question which is quite pertinent, that being the relatively high population in the Burton Hollow Subdivisions. This has one of the highest residential populations in the City with no park except a private swimming club. He felt that this proposed park would serve the purpose. Mr. Wrightman asked Mr. Burns to what use he would want the parcel zoned. He answered for residential homes, suggested that the land be subdivided, and was advised that this would make the population problem in that section even greater. Mr. George Furesik, 35190 West Six Mile Road stated that he has moved two times because of abuse to his property by children and even now, even though he thought with his 5 acre parcel of land he would not have trouble, people cut through and hunt in the wooded area in the rear, his fruit trees are raided, and he is fearful that with a park, except a private road, the people would use his land as a cut-through. He further stated that people do not use parking facilities for what it is inteneded but just to carry on, drink, etc. He added that if this park goes through, in exchange he feels the City should agree to move .his trees closer to the house. Mr. Donald DeMaestri, 34910 West Six Mile Road, a neighbor of Mr. Burns stated that he is in full agreement with him, adding to his comments that he feel£ that this would certainly not add to the value of his property or to the City. He stated he is sure the Commission knows what type of people go to Hines Park and he would not like them to use parks in the City, which would no doubt be the case. Mr. Wrightman asked if he is against this particular park or recreation in general. Mr. DeMaestri stated he is for baseball for kids, etc. but as far as the older persons he cannot see where it benefits them, feeling that they like it for a place to get drunk. 5023. • Mr. Walker stated that the meeting was not to discuss the Tzsae of the vi. ,ue of parks and wished to remind the audience that they had voted for the p. rk plan, and approved a bond issue for the purpose of park land in the amount sof some 1200 acres to be acquired and the Commission is to set the location o.' the park sites. • py Gerald A. Wilson, 35030 Watt Six Mile Road stated he is a great lover of nat': e and enjoys feeding the wildlife, also that he voted for the bond issue, 7Dut added that he does not know if he wants a part. He asked how people would Lot into the park. • Walker advised him ingress and egrees would be from Curtis Avenue. ^T . Wilson added that he has worked very hard to get his home and property all =:_:;ed up; he said it was his feeling that the people to the south will get no 'o :crit as they will have to go all around to get into the park. • Walker stated that this matter would be taken under advisement. • Walker announced that the next item on the agenda is Petition 66-10-3-11 by Richard J. Zygmunt requesting to vacate an easement located south of Grove Drive and east of Pollyanna Drive in Section 16. "r. Richard J. Zygmunt explained his request, advising that the fireplace ease wall of his house is built on the easement. He has been informed 'ay a is:,rtgage company that unless the easement is cleared he could not a maximum mortgage in the event he should sell. ?Walker stated that this is a 61 easement of which only 3' have been re- gated to be vacated. lit.ioner stated that only 31 are under the house. Walker stated that the two letters in the file, from Michigan Bell ^phone Company and City Engineering Division, there are no objections from ::_tier to this vacation. Hull recommended that the easement be vacated as requested, retaining the •-ca.a_ring 31 as an easement. Tent, ss'. ed petitioner who sold him the property. ei.i'-_oner stated that Mr. McDonald sold it to him, that Mr. McDonald lived '-1o.:e 5 ;,-ours before him and the builder originally sold it to Mr. McDonald. c, ,'cr,t then stated t' :t this is the same problem which came up earlier in the _'tinting with regard to another easement and suggested that a letter be written the Inspection Divison by Mr. Hull in an attempt to prevent this situ_t on In the future. Ater a short discussion on this matter, Mr. Walker stated that this petition could be taken under advisement. • 5024 • • Mr. Walker stated that the next item on the agenda is Petition 66-12-2-23 by Charles S. Baldree requesting to be granted a waiver use permit to erect a church on the northwest corner of Merriman and Six Mile in the Southeast 1/4 of Section 10. Mr. Hull stated that he had not received a revised site plan but stated that he believed petitioner was prepared to submit same at this meeting. Mr. Charles Baldree, 14254 Alexander, presented basically the same site plan. The location of the building, the sea of sphalt around it and the greenery near the intersection were all discussed at length. Mr. Baldree stated that the architect and his Building Committee had dis- cussed this matter and they felt that the site plan as submitted at this meeting would be the most practical fir their purpose. The location of the building permits them to get the maximum out of the building. Mr. Walker felt that with a church, the aesthetic beauty is important and the building should be so located on the land so that a greater portion of the church would be seen at the intersection rather than parking area. Mr. Tent stated that the neighborhood surrounding this Church is a very nice section of the City and asked if Mr. Bdldree could alter the plan stating he could utilize the same amount of space and show the building to better. advantage. Mr. Baldree stated that they had tried several ways and that which is submitted is the best one they could ct'me up with. He stated that they had joined the civic association for that section in 1963 and was not aware of any objections from the citizens. Mr. Tatigian, residing on Bennett, stated that he had no knowledge of there being a civic association available to his neighborhood, that his neighbors, like himself, were not aware of and did not belong to an association, but wanted t0 state that he did not object to the church and, in fact, thought it an ideal location for a church and an asset to the City. Mr. Wrightman stated he would like to see the church site presented differently to show the building from the street more than the parking space. He advised petitioner that they could still have the 2 driveways, etc. but relocate the building. Mr. Tent asked if petitioner would consider this a middle size church for a Mormon church; asked if it would be something like the church in Dearborn. Mr. Baldree stated that this building would be much larger than the one in Dearborn, that the picture presented to the Commission does not do it justice, adding that it will be a beautiful building. Mr. Tent stated that he would like to see the architect's plan. 50725 - • Mr. Tim Lemon, 31694 Curtis, representing the Merriman Six Civic Association first advised Mr. Tatigian when the civic association would hold their next meeting to be held on Bennett at the home of Mr. Tatigiants neighbor and extended an invitation for him to attend. He advised the Commission that this church receives a warm welcome from the association, that this was the first time they had seen the site plan and agreed with the questions raised at this meeting; stating that the Church has good reasons for their location of the build- ing and the Commission for wishing it changed suggesting a meeting of the minds. He also suggested a possible traffic hazard on Merriman Road, and wanted to point out the drainage ditch with regard to water from Vargo Avenue. He felt that consideration should be given to the change in the drainage, running it into a storm sewer or drain (crops) along the drainage area to remove the water. He further advised that Ale would not want to see a deep and dangerous ditch along the north side of the property. Mr. Lemon also stated that the question of the lights in the parking lot might oreate a problem. Mr. Walker suggested that the drainage question be referred to the Engineering Division before acting on this matter. Mr. Baldree stated that they were arranging to change the drainage to have it run into the storm sewer and stated that he would get a letter to this effect to the Commission. After a short discussion the petitioner was advised that he should give serious consideration to the relocation of the building, the approach to the intersection, etc. inasmuch as should he come in with the same plan he might receive adverse rc;:ommendation from the Commission. Mr. Singer asked Mr. Hull if he would work with the petitioner. Mr. Hull said he would be glad to. Mr. Walker stated that this item would be taken under advisement. Mr. Walker advised that the next item on the agenda is Petition 66-12-2-22 by A. J. Erwin for the Shell Oil Company, requesting to be granted a waiver use permit to erect a gas station on lots 40 through 51, inclusive, of Seven Mile Super Highway Subdivision located on the west side cf Farmington Road between Seven Mile and Clarita in the Northwest 1/4 of Section 9. Mr. Erwin the real estate representative of Shell Oil Company was present and gave the bac::ground information with regard to this petition; the property involved, the fact that it exceeds the re. uirement of the ordinance; they have an option on the property; the proposed building would be a ranch type building; stated that they would have to set back 751 from Farmington rather then Seven Mile Road; the driveways can be installed in any ti:ay the Commission indicates; insofar as Seven Mile Road can comply with the ordinance by using part of the alley as entrance. 5026 Mr. Walker at this point explained the 53' dedication; stated that he is not sure that there is a sewer at this location (survey prepared showed 10" sanitary sewer);; and explained that they could not use the alley u unless they had same vacated. Mr. Erwin said they could move the entrance over agreeing that he did not want to use the alley if it is not vacated. Mr. Erwin gave a petition to the Commission which had been circulated through the surrounding . neighborhood within the 1400' radius. He further stated that they have no service station on Seven Mile Road which is the reason they picked this location. Mr. Walker stated he would like the 7' dedicated on the mile road. Mr. Erwin stated that this would have to be taken up with Shell Oil. Mr. Wrightman stated that gas stations on corners disrupt all free flowing traffic and become a problem to the citizens of the City. Mr. Erwin stated that there is no type of a building you can put on one corner which will give the safety or visibility that a gas station gives you. Mr. Wrightman asked if they have left turns and cross patterns. Mr. Erwin replied, yes at times. A general discussion of the station at Five Mile and Merriman was had and Mr. Erwin was complemented on the results. Mr. Ward felt that the reason Five Mile and Merriman turned out so nice is the adjacent buildings with the same type of exterior and noticed that the plan submitted did not include such an area. Mr. Erwin stated that they had nothing to do with the additional buildings on Five Mile, it just hap_:,ned to work out that way. Mr. Moser stated there are three Shell stations on Six Mile; none seems to be prospering. He further stated that the proposed station will be 1 mile from the one located at Six Mile and Farmington Roads which he did not feel was fair to the people running the existing stations. Mr. Erwin explained that these three stations have always done a good business and have had the same dealers for several years and felt that the new station would not hurt any of them. Mr. Leroy Sankbeil, 19036 Filmore, objected to this petition because of the lights, traffic, noise at night, stating he felt it would be impossible; where he resided last he had trouble with the Marathon Station and had to call the police, etc. IfeMr. Walker stated that this matter would be taken under advisement. 5027 . Mr. Walker announced that the next item on the agenda is Petition 66-11-1-33 by Harry Hartunian requesting to rezone property located at the northwest corner of Dover Street and Middlebelt in the Southeast i/4 of Section 35 from R-1 to C-1. Mr. Hartunian, petitioner, was present. Mr. Walker asked petitioner if he had a definite use in mind for the property. Mr. Hartunian replied yes; that he had entered into an agreement with a food distribution concern to build there, a proposed party store and drug store adjacent to it. There would be 2 separate buildings. Mr. Walker asked if he would have enough side yard parking. Mr. Hartunian replied yes, and went on to explain his proposed plan, adjacent parking on three lots, utilization of as much as possible area so as not to leave vacant property to the rear, etc. Mr. Walker asked if it would be similar to the Larson Party Stores. Mr. Hartunian replied, yes. Mr. Hull raised the question of the setback regulations in the C-1 Districts stating that with a 75' setback how could he build property with 100' depth. This was followed by a general discussion of the possible request to rezone to another classification with a lesser setback requirement. Mr. Walker asked petitioner would he consider requesting the withdrawal of the petition, checking the matter out further and re-filing later. Mr. Hartunian stated that he had checked with the Zoning Board who advised him he could build to the lot line. Mr. Hull advised him that this was true up until the week prior to this meeting. Mrs. Singer questioned the legal right of petitioner to be heard under the old ordinance. Mr. Tatigian stated that if it is vacant land there is no vested rights insofar as prior ordinance provisions relating to C-1 setbacks are concerned; however, since the petition is for rezoning it should be considered on its own merits; as to proposed size it is evident it does not comply with the ordinance; he can go to the Zoning Board of Appeals on that requirement. Insofar as provisions for C-1 and C-2 sections of the ordinance are concerned, there are certain properties which would be simply existing C-1 and C-2 that would be obviously unusuable, if we were to insist upon setbacks as prescribed. He would then go to the Zoning Board who would, in order not to be arbitrary, grant his request. 5028 • Again the possibility of a lesser classification (P.S. ) was discussed and petition said he would conform to whatever decision was mde. Mrs. Joan McDonald, daughter of Mr. and Mrs. Felix Wichowski, 7094 ^^ n Birmingham, the owners of four of the lots involved, objected to the zoning ordinance provisions. She discussed the matter with the Commission, the fact that the property is of no use at present, the .. � owners have paid taxes for many years and would like to sell, etc. Mr. Walker stated that this matter would be deferred so as to study the matter to see what use can be made on this. Mr. Wrightman noted that the property is vacant for about 200 to 300 feet, to approximately lot 13, and it was his thinking that maybe something could be done if some of this property is included. Mr. Christ Scourtes, 12095 Coyle, Detroit, stated that he owns property across the street from the property in question and can only see. making the property Commercial enhancing the property as the way it is it sits idle and is an eye sore. He said he would like to see his property to go to commercial as well. Mr. Walker stated that this matter would be taken under advisement. Mr. Walker announced that the next item on the agenda is Petition 66-11-7-14 by the City Planning Commission, pursuant to Industrial Development Commission resolu tion 147-10-66, to determine whether or not to amend the Master Thoroughfare Plan, Part I of the Master Plan of City of Livonia, to provide for a road pattern in the North 1/2 of Sections 28 and 29 between Stark and Levan Roads. There was a general discussion on this matter between the Commission and Mr. Walter Juras, 36039 Scone who raised the questidn of the possibility of Wayne Road being put through inasmuch as that is the name given to one of the roads in this petition but was advised that the road might never be built, that the purpose is for the division of the land so that the parcels of industrial land to the south of the proposed road pattern are not landlocked. If built, the roads will be built in conformance with Ordinance #500. Mr. Walker advised that suggestion is to possible developers of the property so they might know they have ideas for opening the land up. This is necessary as people are interested in the land but are lost because there , is no plan and the lots are irregular without any ingress or egress. Mr. Joseph Vanzo, 12066 Boston Post Road, stated he felt that Wayne Road is in direct line with the existing Wayne Road on Plymouth Road and expressed concern of those living in his subdivision; he stated that should it go through 1/3 of the village would be eliminated and the remaining 2/3 would suffer a great loss in their value. He stated it was their hope the road would never go through. 5029 Mr. Walker advised that the road just adjoins the army property; that a developer coming in might be interested in the location but might want to move the road; the Commission is only interested in opening up the land. He added that the County is turning over the dedication of Wayne Road to the City; it has not been deleted because it might be used in the future to al cviate congested traffic. In the future, the proposed Wayne Road would be thus used. Mr. Walker stated that as long as they have the east west road there would not have to be any extension of Wayne Road inasmuch as the road pattern is only for the purpose of opening the industrial land. Mr. Walker advised that this item would be taken under advisement. Mr. Walker announced that the next item on the agenda is Petition 66-11-6-15 by the City Planning Commission to determine whether or not to amend Ordinance No. 543 to specifically control development as related to Livonia!s flood plains. Mr. Tent recommended that the Commission give favorable consideration to this. Mr. Walker stated that ,this item would be taken under advisement. Mr. Walker announced that the next item on the agenda would be Petition 66-9-6-13 by the City planning Commission, pursuant to IL Council Resolution No. 509-66;-t,o determine whether or not to amend Ordinance No. 543 by amending Section 11.03 to increase the height of motels from two to three stories in height. Mr. Walker addrised that this matter would be taken under advisement. On motion duly made by Mr. Wrightman, seconded by Mr. Ward, the following resolution was unanimously adopted: #1-1-67 RESOLVED that the City Planning Commission does hereby adjourn the public hearing held on Tuesday, January 17, 1967 at approximately 11:00 P.M. Mr...Walker, Chairman, called the 230th Special Meeting to order at approximately 11:20 P.M. with approximately 8 interested persons in the audience. Mr. Walker announced that the first item on the agenda is a resolution commending the Wayne Out-County Teachers Credit Union on its building. On motion by Mr. Ward, seconded by Mr. Tent, the following resolution was unanimously adopted: Iti 5030 #1-2-67 RESOLVED that, the City of Livonia Planning Commission hereby commends the Wayne Out-County Teachers Credit Union and its architect, Neubrecht & Neubrecht, for designing and constructing a structure which typifies the intent of our Zoning Ordinance in providing for quality development within the City of Livonia; and FURTHER RESOLVED that, the site development also typifies the intent of the Ordinance making this development aesthetically pleasing and compatible to adjacent development. Mr. Walker declared the motion carried and the resolution adopted. Mr. Ward excused himself from the meeting, at approximately 11:25 P.M. Mr. Walker announced that the next item on the agenda is Petition 66-10-3-12 by J.W. Smelser requesting to vacate an alley located south of and parallel to Seven Mile Road from Brookfield to the east line of parcel 10W. . On Motion by I^.r. Wrightman, seconded by Mr. Heusted, the following resolution was unanimously adopted: #1-3-67 RESOLVED that, pursuant to a public hearing having been held on January 17, 1)67 on Petition 66-10-3-12 as submitted by J.W. Smelser requesting to vacate an alley located south of and parallel to Seven Mile Road from Brookfield to the east line of parcel 10W, in Section 10 the City Planning Commission does hereby recommend to the City Council that Petition 66-10-3-12 be approved for the following reasons: (1) it serves no practical purpose; (2) 'there is no possibility of existing it in an easterly or westerly direction at this tine; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer and City Post under date of December 20, 1966, and notice of such hearing was sent to the Detroit Edison Company, the Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company, petitioner and City Departments as listed in the Proof of Service. Mr. Walker declared the motion carried and the resolution adopted. 5031 �. Mr. Walker announced that the next item on the agenda is Petition 66-11-7-15 by the City Planning Commission requesting to amend the Master School and Park Plan by including property located at the south- west corner of Curtis and Laurel in the Southwest 1/4 of Section 9, (parcel 09D12h, 37.77 acres) On motion by Mrs. Singer, seconded by Mr. Tent. #1-4-67 RESOLVED that, pursuant to a public hearing having been held on January 17, 1967 on Petition 66-11-7-15 as submitted by the City Planning Commission do its own motion to determine whether or not to amend the Master School and Park Plan, Part V of the Master Plan of the City of Livonia, to include Wayne County Bureau of Taxation Parcel No. 09D12h, described as follows: The west x 3/4 of the Southwest 1/4 of Section 9 except the south 1210 feet therof; also except that part thereof described as beginning at the W. 1/4 corner of Section 9 and proceeding thence due South along the west section line 1435 feet; thence N. 89° 47' 45" E. 910 feet; thence N. 9° 53' 30" W. 294.11 feet; thence N. 10° 21' 40" E. 275. 30 feet; thence N. 10° 17' 20" W. 171.99 feet; thence N. 25° 50' 32" 11. 183.19 feet; thence N 20 25' S0" E. 165.13 feet; thence N. 7° 15' 20" E. 166.25 feet; -thence N 33° 31' 40" E. 195.27 feet; thence due north 43.0 feet; thence N. 89° 48' 10" W. along the E and lrz 1/4 section line 915.0 feet to the point of beginning (37.77 acres) for the following reason: (1) It is a logical adjunct to the Master Plan inasmuch as it will provide park and open space to a large number of people in this sector of the City; AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931 as amended, the City Planning Commission does hereby adopt said amendment as part of the Master School and Park Plan Part V of the Master Plan of the City of Livonia, which is incorporated .. herin 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 certified copy shall also be forwarded to the Wayne County Register of Deeds for recording. Mr. Walker declared the motion carried and the resolution adopted. Mr. Walker announced that the next item on the agenda is Petition 66-10-3-11 by Richard J. Zygmunt requesting to vacate an easement located south of Grove Drive and east of Pollyanna Drive in Section 16. 503, On motion by Mr. Wrightman, seconded by Mr. Moser, the following resolution was adopted: #1-5-67 RESOLVED that, pursuant to a ppblic hearing having been held on January 17, 1967 on Petition 66--10-3-11 as submitted by Richard J. Zygmu.nt requesting to vacate an easement located south of Crovo D:_•ive and east of Pollyanna Drive in Section 16, the City Planning Commission does hereby reeommand to the City Council tet Petition 66--10-3-12 be approved for the following reason.: (1) there appears to be no conflict with easement utilites located within the easement and no practical problems will arise by vacating this portion of the easement; FURTIIP.R RESOLVED, that notice of the above public hearing was published in the official newseaper, the Livonian Observer and City Pest under date of December 26, 1966 and notice of sup', hearing was sent to the Detroit Edison Company, the Chesapeake & Ohio Railway Company, Michigan Ball Telephone Company, Consumers Power Company, petitioner and City Departments as listed in the Proof of Service. A roll call on the foregoing resolution resulted in the following: AYES: Walker, ?lright:na- , Moser, Singer, Ward and Ficusted NAYS: Tent Mr. Walker declared the notion carried end the resolution adopted. Mr. Walker asked Mr. Hull to write a letter tc the Inspection Departments about buildings sr.ch as this heir.: built on easements. Mr. Walker announced that the mart item on the panda is Petition 66-12-2-23 by Charles S. P,aldree requesting to 1.s granted a waiver use permit to erect a charch on the northwest corner of Merriman and Six Mile in the southeast 1/4 of Section 10. Mr. Walker stated that this Tatter would be token under odvisement. Mr. Walker announced that the next item on the agenda is Petition 66-12-2-22 by A.J. Erwin for the Shell 011 Company -eequestin.g to be granted a wa:ever roe pe mit to erect a gas station ,lots L,0 through 51, i nclee.i::=e, of Seven Mile Super F_'ghway Subdivision_ lccatea on the west side of Farmington Road between Seven Mile and Clarita in the Northeast 1/4 of Section 35 from R-1 to C Mr. Walker stated that this ratter would be taken under advisement. 5033 Mr. Walker announced that the next item on the agenda is Petition 66-11-1-33 by Harry Hartunian requesting to rezone property located at the northwest corner of Dover Street and Middlebelt in the Southeast 1/4 of Section 35 from R-1 to C-i. Mr. Walker stated that this matter would be taken under advisement. Mr. Walker stated that the next item on the agneda is Petition 66-8-1-24 by Gene Harris, Jr. requesting to rezone property located at the southeast corner of Clarita and Farmington in Section 10 from R-1 to P.S. Mr. Harris stated that he attended the last special meeting at the Planning Commission office and statement was made to delay this matter for one month to see what was going to happen on Dooley's property as it might be advantageous for him if Dooley was approved. On Motion by Mr. Moser, seconded by Mr. krightman, the following resolution was LI. ;: mously adopted: #1-6-67 RESOLVED that, pursuant to a public hearing having been held on November 1, 1966 on Petition 66-8-1-24 as submitted by Gene Harris, Jr. , requesting to rezone property located at the southeast corner of Clarita and Farmington in Section 10 from R-1 to P.S., the City Planning Commission does hereby recommend to the City Council that Petition 66-8-1-24 be denied for the following reasons: (1) the encroachment of P.S. and Commercial zoning along mile roads interferes with their primary function of carrying large volumes of traffic and tends to cause a hazardous condition due to numerous points of vehicular ingress and egress; (2) it is extremely difficult to get quality professional service development on parcels of land that are less than 200' in depth; (3) this proposed rezoning would constitute an encroachment into an existing residential neighborhood; (4) there arc great quantities of vacant P.S. zoned land within the City; (5) this proposed zoning is in conflict with the Planning Commission's master plan for commercial and professional service development; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonian Observer and City Post, under date of October 12, 1966, and notice of such hearing was sent to the Detroit Edison Company, the Chesapeake and Ohio Railway Company, Michigan Bell Telephone 5031 Company, Consumers Power Company, petitioner and City Departments as listed in the Proof of Service. Mr. Harris then asked why he was asked to wait another month and a half on this item. Mr. Tent advised him that if the Concil rejected Dooley it would make their first decision stronger but on further study after Dooley's approval the Commission still feels it should be denied. Mrs. Singer apologized for making petitioner wait stating that they were trying to work toward a meeting of the minds of city agencies. Mr. Harris's attorney Mr. Thompson, stated there was no reason for the delay, feels the Commission has been dilatory and prejudiced against Mr. Harris for a period in excess of one month. Mr. Wrightman explained that this matter had been taken under advisement to find a way, by going through the entire "mile situation" but still came up with the idea that it is bad practice to run a string of businesses or P.S. along a highway which is what the Commission has been trying to avoid. Mr. Walker declared the foregoing motion carried and the resolution adopted. Mr. Walker announced that the next item on the agenda is Petition 66-11-7-14 by the City Planning Commission, pursuant to Industrial Development Commission Resolution #147-10-66, to determine whether or not to amend the Master Thorofare Plan, Part I of the Master Plan of the City of Livonia - to provide for a road pattern in the North 1/2 of Sections 28 and 29 between Stark and Levan roads. On motion by Mr. Wrightman, seconded by Mr. Moser, the following resolution was unanimously adopted: #1-7-67 RESOLVED that, pursuant to a public hearing having been held on January 17, 1967 on Petition 66-11-7-14 as submitted by the City Planning Commission, pursuant to Industrial Development Commission resolution #1L7-10-66, to determine whether or not to amend the Master Thoroughfare Plan, Part I of the Master Plan of the City of Livonia, to provide for a road pattern in the North 1/2 of Sections 28 and 29, between Stark and Levan Roads, said roads described as follows: 5035 .777 :.. i East - West Road: That part of Sections 28 and 29, T. 1S., R. 9 E. , City of Livonia, Wayne County, Michigan described as follows: A 70 foot wide right-of-way, the centerline of said right- of-way being more particularly described as beginning at a point on the west line of Stark Road (86 feet in width) distant south 1335.89 feet from the centerline of Schoolcraft Road (201 feet in width) and continuing thence westerly and parallel to the center line of Schoolcraft Road to a point on the west line of Section 28; thence continuing westerly 150 feet and parallel to the centerline of Schoolcraft Road to the S. W. corner of Bureau of Taxation Parcel 29A7c; thence southwesterly to the N. E. corner of Bureau of Taxation Parcel 29G1; thence along the north line of said parcel 1294.93 feet to the east line of Levan Road (66 feet in width). Wayne Road That part of the N. W. 1/4 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as follows: An 86 foot wide right-of-way, the centerline of said right- of-way being more particularly described as beginning at a point on the south line of Schoolcraft Road (204 feet in width), said point being the N. E. corner of Bureau of Taxation Parcel No. 28F4H and continuing thence south along the east line of said Parcel 1298.89 feet. Fairway Avenue That part of the N. E. 1/4 of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as follows: A 70 foot wide right-of-way, the centerline of said right-of- way being more particularly described as beginning at a point on the south line of Schoolcraft Road (204 feet in width), said point being the N. E. corner of Bureau of Taxation Parcel No. 29A2C2 and continuing thence south along the east line. of said parcel 1250 feet. for the following reason: (1) it is necessary to protect the access to the industrial lands in this area; AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931 as amended, the City Planning Commission does hereby adopt said amendment as part of the Master Thoroughfare Plan, Part I of the Master Plan of the City of Livonia, which is incorporated herein by reference, the same having been adopted by resolution of the s 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 certified copy shall also be forwarded to the Wayne County Register of Deeds for recording. 5035a Mr. Walker declared the motion carried and the resolution adopted. IL Mr.:Walker announced that the next item on the agenda is Petition 66-11-6-15 by the City Planning Commission to determine whether or not to amend Ordinance No. 543 to specifically control development as related to Livonia's flood plains. On motion by Mr. Wrightman, seconded by Mr. Tent, the following resolution was unanimously adopted: #1-8-67 RESOLVED THAT, pursuant to a public hearing having been held on January 17, 1967 on Petition 66-11-6-15 initiated by the City Planning Commission on its own motion to determine whether or not to amend Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, to specifically control development as related to Livonia's Flood Plains, the City Planning Commission does hereby recommend that Petition 66-11-6-15 be approved for the following reason: (1) there is a need within the City to more adequately control the flood plain lands; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonian Observer and City Post, under date of December 28, 1966, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. o 5036 Mr. Walker declared the motion carried and the resolution adopted. Mr. Walker announced that the next item on the agenda is Petition 66-9-6-13 by the City Planning Commission, pursuant to Council Resolution No. 509-66, to determine whether or not to amend Ordinance 543 by amending Section 11.03 to increase the height of motels from two to three stories in height. Mr. Walker stated that the resolution on this matter should read that the Planning Commission does not recommend adoption of this petition because they feel that the previously adopted C-4 Ordinance is a better vehicle for control multi-story construction and will allow greater flexibility and vest greater control in the hands of the City. Mr. Hull explained the C-4 ordinance to the Commission. On Motion by Mr. Tent, seconded by Mr. Wrighlldnan, the following resol .tion was unanimously adopted: #1-9-67 RESOLVED thPt, pursuant to a public hearing having been held on January 17, 1967 on Petition 66-9-6-13 initiated by the City Planning Commission on its own motion to determine whether or not to amend Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, by amending Section 11.03 (e) (3) of Article XI to increase the height of motels from two to three stories in height, the City Plan- ning Commission does hereby recommend that Petition 66-9-6-13 be denied for the following reason: (1) we believe that the previously adopted C-4 Ordinance is a better vehicle for accommodating this type of development within the City because it will allow greater flexibility but will also vest greater control in the hands of the City; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livoniam Observer and City Post, under date of December 28, 1966 and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake and Ohio Railway Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Walker declaredthe motion carried and the resolution adopted. Mr. Walker announced that the next item on the agenda is a motion by the City Planning Commission to hold a public hearing to determine whether or not to rezone property located in the Southwest 1/4 of Section 6 (Kenney property) from ' RUFC to M-1, excluding existing commercial. Mr. Hull explained the property to be included in this petition. . 5037 . On motion by H. Wrightman seconded by M. Moser the following resolution unanimously adopted. #1-10-67 RESOLVED that, pursuant to Section 23.01 of the Zoning Ordinance of the City of Livonia, No. 543, as amended the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone property located in the Southwest 1/1 of Section 6 from RUFC to M-1, described as follows: That part of the West 1/2 of Section 6, T. 1 S. , R. 9 E. , City of Livnnia, Wayne Count-, Michigan described as beginning at the S.W. corner of Section 6 and proceeding thence east along the south line of said section 150 feet to the west line of the proposed Interstate - 96 Expressway; thence north-easterly and northwesterly along the west line of said expressway to a point on the west line of Section 6, said point being 810 feet from the N.W. corner of Section 6; thence south along the west line fo Section 6 to the point of beining, except the south 360 feet of the west 160 feet thereof; FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.01 of the Zoning Ordinance, No. 543, as amended, and that there shall be a report submitted and ) recommendation thereon to the City Council. 1'r. Walker declared the motion carried and the resolution adopted. Mr. Walker announced the next item on the agenda is the final plat approval of Baloh Subdivision located ;n the Southwest 1/4 of Section 32. On motion by Mir. Wri tman, seconded by Mr. Heusted, the following resolution was unanimously adopted: #1-11-67 RESOLVED that, the final plat of Baloh Subdivision, located in the Southeast 1/t; of Section 32 be given fi, -.1 approval for the following reasons : (1) all the financial obligations of the City have been met; (2) it is in substantial conformity to the previously approved preliminary plat; 5038 FURTHER RESOLVED, inasmuch as it appears on the records IL that tentative approval of said proposed plat was given by the City Planning Commission under resolution 8-145-64 adopted on August 4, 1964; and it further appearing that said proposed plat together with plans and specifications for improvements therein have been approved by the Depart- ment of Public Works, Engineering Division, under date of April 13, 1965; and it further appearing that financial assurances for the installation of_:improvements in said subdivision as outlined in a letter dated December 5, 1966 from Addison W. Bacon, City Clerk, pursuant to Council Resolution #133-66 adopted May 5, 1965 have been filed in the office of the City Clerk; it would therefore appear that all the conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. Mr. 1.1alker declared the motion carried and the resolution adopted. Mr. Walker announced that the next item on the agenda is the approval of the minutes of Planning Commission meetings held November 1 and November 15, 1966. On motion by Mr. Tent, seconded by Mr. Heusted, the following resolution was unanimously adopted: #1-12-67 RESOLVED that the minutes of the City Planning Commission meetings held November 1 and November 15, 1966 be and are hereby approved. Mr. Walker declared the motion carried and the resolution adopted. Mr. Walker announced that the next item on the agenda is a motion by the City Planning Commission to have a public hearing to determine whether or not to adopt a Fee Schedule for the C-4 District Regulations of the Zoning Ordinance. On motion by Mr. Tent, seconded by Mr. Wrightman the following resolutio:i was adopted. #1-13-67 RESOLVED that, pursuant to Section 23.01 of the e Zoning a t Ordinance of the City of Livonia, No. 543, , the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to adopt a Fee Schedule for the C-4 District Regulations, by amending Art. XXIII, Section 23.03 of the City of Livonia Zoning Ordinance, Ordinance No. 543, as amended; IT IS FURTHER RESOLVED, that a hearing be held and notice tod be given as provided in Section 23.01 of the Zoning Ordinance, No. 543, and that there shall be a report sub- mitted and recommendation thereon to the City Council. 5039 ILMr. Walker declared the motion carried and the resolution adopted. The commission had a general discussion about the many items that are before them and felt a meeting should be held to study all matters before them at the present time. Mr. Hull stated that a meeting would be arranged. Mr. Walker declared that the next item on the agenda is Petition 67-1-1-1 (Z 686) initiated by the City Planning Commission on its own motion to rezone property in the N.E. 1/4 of Section 9 from PS to R-3. Mr. Hull stated that the minutes of the CPC meeting held May 18, 1965 read: " "Mr. Tent asked for assurance that if the developer does not build within l2 years or two building seasons, that the zoning will revert back to the original zoning of RM. Mr. Deremo agreed to this. " On motion by Mr. Tent, seconded by Mr. Wrightman, the following resolution was unanimously adopted: ##1-1L-67 RESOLVED, that pursuant to Section 23.01 of the Zoning Ordinance of the City of Livonia, No. 543, as amended, the City Planning Li Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone the following described property: Lots 85 through 9L , both inclusive, Seven Mile Super Highway Subdivision, as recorded in Liber 53, page 50, Wayne County Records, said plat being a part of the East 1/2 of the N. E. l/)4 of Section 9, T. 1 S., R. 9 E., Livonia Township (now City of Livnnia), Wayne County, Michigan. located in the N. E. i/4 of Section 9 and being on the west side of Farmington Road, seuth of Clarita, from PS to R-3; FURTHER RESOLVED, that a hearing be held and notice be given as provided in Section 23.01 of the Zoning Ordinance of the City of Livonia, No. 543, as amended, and that there shall be a report submitted and recommendation thereon to the City Council. Mr. Walker declared the motion carried and the resolution adopted. 5039a I On motion by Mr. Moser, seconded by Mr. Wrightman, and unanimously adopted, the City Planning Commission adjourned its 230th Special Meeting held January 17, 1967 at approximately 12:15 A.M. CITY PLANNING COMNLISSION ‘- 71/Ay%Z. t a1,14/-2-c.) Harry W ghtman Secretary Attest: cL'41 40. !il/A%thv Charles W. Walker, Chairman