HomeMy WebLinkAboutPLANNING MINUTES 1967-05-23 5119
MINUTES OF THE 183rd REGULAR MEETING
OF THE CITY PLANNING COMMISSION OF
THE CITY OF LIVONIA
On Tuesday, May 23, 1967, the City Planning Commission of the City of Livonia,
held its 183rd Regular Meeting and a Public Hearing at the Livonia City Hall,
33001 Five Mile Road, Livonia, Michigan.
Mr. Charles W. Walker, Chairman, called the Public Hearing to order at approx-
imately 8:50 p.m. with approximately 45 interested persons in the audience.
Members present: Charles W. Walker Donald Pollock Raymond W. Tent
Donald Heusted Harry Wrightman John J. Ward
Marvin Moser Mimi Singer
Members absent: Myra Chandler
Messrs. Don Hull, Planning Director; Ralph H. Bakewell, Planner III; David
Perry, Assistant City Attorney; Daniel Andrew, Industrial Development
Coordinator, were present.
Mr. Wrightman announced the first item on the agenda is Petition 67-4-1-14 by
the City Planning Commission on its own motion to rezone property located
partly on the north side of Five Mile Road between Levan and Newburgh Roads,
and partly on the south side of Five Mile Road between Levan and Blue Skies.
Mr. James Mies, Attorney, was present on behalf of Borman Food Stores who owns
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property located on the northeast corner of Five Mile and Levan. Mr. Mies
stated his objections to the rezoning of this property to C-1 because it is
felt this action by the Planning Commission will have a discriminatory effect
on the property involved and will substantially reduce the value of the property.
Also, he stated it would amount to spot zoning. Mr. Mies stated that the
ordinance requiring site plan approval of the Commission gives protection to
the people in the area who object to C-2 zoning and is an effective means of
controlling development in the area.
Mr. Tent questioned why Mr. Mies' client did not cooperate with the Commission
when they requested that the Borman Food Company to reduce the size of their
development in this area.
Mr. Bert Bergoyne, Attorney, representing Shell Oil Company, was present and
stated that written objections had been filed with the Commission regarding the
southwest corner of Newburgh and Five Mile Road. Mr. Bergoyne stated that
rezoning of this corner would constitiute spot zoning since three of the four
corners are already being used for C-2 business and would destroy the
economic value of the property. He also stated that he feels it is inappropriate
in view of the pending litigation to rezone this property.
Mr. Wrightman questioned how long Shell Oil Company has owned this property and
for what length of time they have had building permits.
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IL: Mr. Bergoyne stated they have owned the property for about five or six years and
have had a permit for a little over four years.
Mr. Wrightman stated that circumstances have changed during these years and
because of conditions that exist in the area, such as road conditions and
amounts of traffic, it is unfortunate that Shell Oil did not choose to develop
their property at the same time as the others and when they had the opportunity,
but another gas station at this location will pyramid troubles in the area.
Mr. Bergoyne stated that the Shell Oil people have attempted to build here
but their permit renewal was refused.
Mr. Tent stated that the Planning Commission's action in rezoning this property
has nothing to do with the pending court case; that the Shell Oil people have
been sitting on their permit.
Mr. Bergoyne stated that a motion has been made to advance the pending court
case and once action has been resolved the Planning Commission may consider
what . they chose to consider, but that it is inappropriate to rezone property ..
that is currently the subject of a law suit, not because the suit is pending.
Mr. Perry, City Attorney, stated that the Court denied the motion to advance
this case because Shell Oil has sat four or five years without doing anything
and that if the Court says it is improper it can be tested at the same time as
the other case is tested.
Mr. Leonard Farber, representing owners of the land at the southwest corner
exclusive of Shell Oil's site, was present and stated his objection to this
rezoning, stating that C-1 zoning will limit the number of uses to which they
could put the land.
Mr. Walker stated that this petition has been brought forth because the
Planning Commission feels there is a necessity for re-evaluating this particular
area. He stated that the City has not been able to keep pace with the develop-
ment; that roads are not adequate and the Commission is now in a position where
they have to do something about it, and since they are obligated to concerning
themselves with the health, safety and welfare of the entire community they do
not feel a high density commercial area is needed here.
Richard Hoot, 36714 Roycroft, President of Kingsbury Heights Civic Association,
and representing nine Civic Associations, stated his objections to C-2 zoning
in this area.
Robert Brown, 38979 Ross St. , President of Castle Gardens Civic Association,
stated that he felt C-2 zoning is extensive enough in the area and is in favor
of the change to C-1.
John Gibbons, 37664 Kingsbury, President of Newburgh Heights Civic Association,
stated that he favored C-1 zoning in this area.
Mr. Walker stated the item will be taken under advisement.
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Mr. Wrightman announced the next item on the agenda is Petition 67-4-2-9 by
Consumers Power Company requesting a waiver use permit to construct a gas
distribution regulator station on the north 50' of Parcels J45 and J46, located
on the west side of Newburgh Road between Seven Mile Road and Northland Road.
Mr. C. Clements, representing Consumers Power Company, stated that the Company's
ability to serve the area is being exceeded as Livonia is growing and that
that they have been able to negotiate with Marathon regarding this petition.
The building will have a gable roof with nothing protruding from it.
Mr. Walker questioned if all the details had been worked out with Marathon Oil
Company and if Consumers is willing to dedicate the 60' right-of-way to the
City.
Mr. Clements replied, yes, to both questiohns.
Mr. Pollock questioned if this building is proposed to be the same quality
construction as the other building.
Mr. Clements replied, yes.
Mr. J. Pardy, 19255 Bethany, stated his objections to this petition on the
basis that there are odors from gas and a danger of explosion, and he feels
also that it will have a negative effect on the value of his property.
Mr. Donald Robinson, 37475 Northland stated his objection to the petition on
the basis ,of its closeness to the existing homes.
Mr. Walker questioned if it would be possible to move the building to the
front so there would be more distance between it and the homes.
Mr. Clements stated that he thought something could be worked out.
Mr. Ward stated he is opposed to leaving the wide gap between the gas regulator
station site and the gas station site.
Mr. Walker stated this item will be taken under advisement.
Mr. Wrightman announced the next item on the agenda is Petition 67-3-3-2 by
Derin Construction, Inc. , requesting to vacate a 6' easement located on Lot
15 of Joy-Ann Subdivision in the Southeast 1/4 of Section 32.
Mr. Walker referred to letters in the file recommending that this petition
be denied because of the sanitary sewer within the easement. He stated 'that
this item will be taken under advisement.
Mr. Wrightman announced the next item on the agenda is the preliminary plat
approval of Industrial Road Subdivision No. 1 located on the south side of
Schoolcraft Road, approximately 780 feet west of Middl.ebelt Road in the North-
east 1/4 of Section 26.
Mr. William Barrie, representing the petitioner, was present and stated that he
has checked with City departments in an attempt to come up with proper sized
lots and that most are 120' in width.
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Mr. Walker stated that a letter in file from the Police Department questioned
Lot #18.
Mr. Barrie stated that the other preliminary plat showed the Edison substation
would be down further but the State Highway Department and Detroit Edison
decided to move it into its present location.
Mr. Hull stated that the original plan did not reflect the exact take lines
for the freeway and this plan does. He stated he felt it is a good development
and should be sanctioned.
Mr. Walker stated this item will be taken under advisement.
On a motion by Mr. Wrightman, seconded by Mr. Tent, and unanimously adopted,
it was
#5-76-67 RESOLVED that the City Planning Commission does hereby adjourn the
public hearing held on Tuesday, May 23, 1967, at approximately
10:20 p.m.
Mr. Walker, Chairman, called the 183rd Regular Meeting to order at approximately
10:40 p.m. with approximately 30 interested persons in the audience.
Mr. Wrightman announced the first item on the agenda is Petition 67-4-1-14 by
the City Planning Commission on its own motion to rezone property located partly
on the north side of Five Mile Road between Levan and Newburgh Roads, and partly
on the south side of Five Mile Road between Levan and Blue Skies from C-2 to
C-1.
Mr. Walker questioned Mr. Perry, City Attorney, if there would be any objection.
to considering the entire five parcels under one resolution.
Mr. Perry stated that he could see no objection.
On a motion duly made by Mr. Tent and seconded by Mr. Wrightman, it was
#5-77-67 RESOLVED that, pursuant to a public hearing having been held on
May 23, 1967 on Petition 67-4-1-14 as submitted by the City Planning
Commission on its own motion to rezone property located partly
on the north side of Five Mile Road between Levan and Newburgh
Roads, and partly on the south side of Five Mile Road between
Levan and Blue Skies, from C-2 to C-1, the City Planning Commission
does hereby recommend to the City Council that Petition 67-4-1-14
be approved for the following reasons:
(1) The intensity of use created by C-2 zoning would overload
the existing roads within the area. The roads in this
sector of the City are presently beyond capacity and
cannot be logically expected to handle additional volumes
of traffic.
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1;11: (2) Large quantities of C-2 zoning essentially make provision
for shopping facilities that are regional in nature.
Influx of regional traffic into this area would cause a
serious safety problem because the roads are inadequate
to handle it and would also have an adverse effect upon
the stability of the existing residential neighborhoods
in the area.
(3) The proximity of the hospital which is the destination
for a large number of vehicles would be further restricted
by the greatly increased volumes of transient traffic
caused by C-2 zoning.
(4) This sector of the City has numerous community facilities
such as the hospital, churches and schools that would be
adversely effected by large volumes of transient traffic
that cannot properly be conveyed on the existing pavements
within the area.
(5) The City of Livonia does not have any solutions for the
improvement of Five Mile, Levan or Newburgh within the
foreseeable future. To date the City is unable to appropriate
adequate funds for any improvement of these major thoroughfares.
(6) The needs of the area are presently adequately serviced by
the existing commercial facilities. There is no present
need to expand commercial development at the intensity of
use permitted under C-2 zoning to satisfy the needs of
Livonia's residents in this sector of the City..
FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Livonian Observer and
City Post, under date of May 3, 1967, and notice of such hearing
was sent to the Detroit Edison Company, Chesapeake & Ohio Railway
Company, Michigan Bell Telephone Company and Consumers Power
Company, and City Departments as listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Moser, Walker, Pollock, Ward, Heusted, Singer, Tent, Wrightman
NAYS: None
ABSENT: Chandler
Mr. Walker, Chairman declared the motion is carried and the foregoing
resolution is adopted.
Mr. Wrightman announced the next . item on the agenda is Petition 67-4-2-9 by
Consumers Power Company requesting a waiver use permit to construct a gas
distribution regulator station on the north 50' of Parcels J45 and J46, located
on the west side of Newburgh Road between Seven Mile Road and Northland Road.
Mr. Walker stated this item will be taken under advisement.
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Mr. Wrightman announced the next item on the agenda is Petition 67-3-3-2 by
Derin Constuction, Inc. , requesting to vacate a 6' easement located on Lot
15 of Joy Ann Subdivision in the Southeast 1/4 of Section 32.
On a motion duly made by Mr. Wrightman and seconded by Mr. Moser, it was
#5-78-67 RESOLVED that, pursuant to a public hearing having been held on
May 23, 1967, on Petition 67-3-3-2 as submitted by Derin
Construction, Inc. , requesting to vacate a 6' easement located
on Lot 15 of Joy-Ann Subdivision in the Southeast 1/4 of Section
32, the City Planning Commission does hereby recommend to the
City Council that Petition 67-3-3-2 be denied for the following
reasons:
(1) There is a practical problem caused to the City by the
construction that has taken place over the existing easement.
(2) The City's position would be adversely effected by vacating
this easement.
FURTHER RESOLVED, that notice of the above public hearing was
published in the official newspaper, The Livonian Observer and
City Post under date of May 3, 1967, and notice of such hearing
was sent to the Detroit Edison Company, the Chesapeake & Ohio
Railway Company, City Departments and petitioner as listed in the
Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Walker, Pollock, Ward, Heusted, Singer, Tent, Moser, Wrightman
NAYS: None
ABSENT: Chandler
Mr. Walker, Chairman declared the motion is carried and the foregoing resolution
is adopted.
Mr. Wrightman announced the next item on the agenda is the preliminary plat
approval of Industrial Road Subdivision No.1 located on the south side of
Schoolcraft Road, approximately 780 feet west of Middlebelt Road in the North-
east 1/4 of Section 26.
On a motion duly made by Mr. Ward and seconded by Mr. Tent, it was
#5-79-67 RESOLVED that, pursuant to a public hearing having been held on
May 23, 1967, the City Planning Commission does hereby recommend
to the City Cotincil that the preliminary plat of Industrial
Subdivision No. 1 located on the south side of Schoolcraft Road,
approximately 780 feet west of Middlebelt Road in the Northeast
1/4 of Section 26, be approved for the following reasons:
(1) It is of sufficient calibre to justify our approval.
#
(2) It is consistent with the development of the industrial
corridor within our City.
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toFURTHER RESOLVED, notice of the above hearing was sent to the
abutting property owners, proprietor, City Departments as
listed in the Proof of Service and copies of the plat together
with notice have been sent to the Building Department, Superin-
tendent of Schools, Fire Department, Police Department and Parks
and Recreation Department.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Pollock, Ward, Huested, Singer, Tent, Moser, Walker,
Wrightman
NAYS: None
ABSENT: Chandler
Mr. Walker, Chairman, declared the motion is carried and the foregoing
resolution is adopted.
Mr. Wrightman announced the next item on the agenda is the final plat
approval of Stark Gardens Subdivision located in the Southwest 1/4 of Section
21.
On a motion duly made by Mr. Ward and seconded by Mr. Tent, it was:
#5.80-67 RESOLVED that, the City Planning Commission does hereby recommend
to the City Council that the final plat of Stark enc Sub.
division located in the Southwest 1/4 of Section 21, be approved
for the following reasons:
(1) It is consistent with the previously approved preliminary
plat.
(2) All the financial obligations of the City 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 #2-33-59 adopted on January
6, 1959; 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 May 6, 1965; and it further appearing that the
financial assurances required in Council Resolution #497-65
adopted May 19, 1965 have been filed with the City Clerk as
confirmed by a letter dated May 1, 1967 from Addison W. Bacon,
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.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Tent, Moser, Walker, Pollock, Ward, Heusted, Singer,
Wrightman
NAYS: None
ABSENT: Chandler
Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution
is adopted.
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Mr. Wrightman, announced the next item on the agenda is the preliminary plat
approval for Tiffany Park Subdivision No. 4 located north of Schoolcraft and
east of Haggerty Road in the west 1/2 of Section 19.
Mr.. Walker, Chairman, announced this item will be taken under advisement.
Mr. Wrightman announced the next item on the agenda is Petition 67-1-2-1 by
Consumers Power Company requesting to be granted a waiver use permit to erect
a gas distribution regulator station on property located at the southwest
corner of Newburgh Road and Northland in Section 6.
Mr. Walker, Chairman, stated this item will be taken under advisement.
Mr. Wrightman announced the next item on the agenda is Petition 66-11-2-20 by
Marathon Oil Company requesting to be granted a waiver use permit to construct a
service station on a portion of property located on the northwest corner of
Seven Mile and Newburgh in Section 6.
Mr. Walker, Chairman, stated this item will be taken under advisement.
Mr. Wrightman announced the next item on the agenda is Petition 66-11-8-3 by
Murray J. Nadler, Dale Investment Co. , Inc. , requesting permission to use
certain property between the Industrial Road and the C & 0 Railway, east of
Farmington Road, for the purpose of setting up a cement and crushing plant.
}. On a motion duly made by Mr. Ward and seconded by Mr. Pollock, it was
#5-81-67 RESOLVED that having reviewed in detail Petition 66-11-8-3 as
submitted by Murray J. Nadler, Dale Investment Co. , Inc. ,
requesting permission to use certain property between the Industrial
Road and the C & 0 Railway, east of Farmington Road, for the
purpose of setting up a cement and crushing plant, the City
Planning Commission does hereby grant Petition 66-11-8-3 for a
period of one year for the following reasons:
(1) It is only a temporary use.
(2) Other regulations within the City control this type of
operation to the degree that it will not have a negative
effect on adjacent development.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Pollock, Ward, Heusted, Singer, Tent, Moser, Walker,
Wr ightman
NAYS: None
ABSENT: Chandler
Mr. Walker, Chairman, declared the motion is carried and the foregoing
resolution is adopted.
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It was determined by the Planning Commission that final plat approval of
Judson Gardens Subdivision No. 2; final plat approval of Judson Gardens
No. 3, and final plat approval of Renwick Park Subdivision No. 2, will be
taken under advisement.
Mr. Wrightman announced the next item on the agenda is the approval of the
minutes of the Planning Commission meeting held on March 7, 1967.
On a motion duly made by Mr. Wrightman, seconded by Mr. Pollock, and
unanimously adopted, it was
#5-82-67 RESOLVED that, the minutes of the Planning Commission meeting
held on March 7, 1967 are hereby approved.
On a motion duly made by Mr. Ward, seconded by Mr. Wrightman, and unanimously
adopted, it was
#5-83-67 RESOLVED that the City Planning Commission does hereby request
the Planning Staff to make a report and recommendation on the
area adjacent to Stark Road, north of Frost Junior High School ,
for the purpose of determining the feasibility of establishing
a quasi-public use for that area.
On a motion duly made by Mr. Tent and seconded by Mr. Moser, it was
#5-84-67 RESOLVED that the City Planning Commission does hereby determine
to recommend that the following described property be added to
the Master Park Plan:
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 due south, 500.0 ft. ; thence
S. 89° 31' W, 871.41 ft. to the point of beginning. (10 acres)
A roll call vote on the foregoing resolution resulted in the following:
AYES: Ward, Heusted, Tent, Moser, Walker, Wrightman
NAYS: Singer, Pollock
ABSENT: Chandler
Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution
is adopted.
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On a motion by Mr. Wrightman, seconded by Mr. Moser, and unanimously adopted,
the City Planning Commission adjourned its 183rd Regular Meeting held on
May 23, 1967, at approximately 11:30 pim.
CITY PLANNING COMMISSION
Harry Wri:,%tman, Se-1etary
ATT cr
Hai''ies W. Walker, Chairman