Loading...
HomeMy WebLinkAboutPLANNING MINUTES 1967-07-18mom• _ 5143 �` MINUTES OF THE 239th SPECIAL FETING OF THE CITY Pi,ANNING COMMISSION OF llim , .. !ME CITY, OF LIVOIiIA On Tuesday, July 18, 1967, the City Planning Commission of the City of Livonia, held its 239th Special 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 8:40 p.m. with approximately 8$ interested persons in the audience. Members present: Charles Wt Walker Donald Pollock Harry Wrightman Donald Heusted MsrVih Moser Raymond W. Tent Mimi Sitgei John J+ Ward Members absent: Myra Chalidler Messrs. Don Hull, Planning blrectorl Joan Ji Nagy, Planner III; Ralph Bakewell, Planner III; William Poppetiger, Engineering Trainee I; David Perry, Assistant City Attorney; and Denial Andrew, Induattial Development Coordinator, were present. Mayor Harvey W. Moelke and Peter A. Ventura, Council President, were also present during the meeting. Mr. Wrightman announced the first item on the agenda is Petition 67-7-2-13 by Livonia Inns, a Michigan partnership, requesting to construct and operate a two- story Holiday Inn Motel on the south side of Plymouth Road approximately 600 feet east of Milburn in Section 35. Dr. Joseph Jacobs, 530 Belmonte Cir. , East Lansing, Michigan, a member of the partnership, was present representing petitioners and outlined his plans for a two-story Holiday Inn including a one-story commercial building. He stated there will be a masonry fence erected and 24 foot trees and other shrubbery planted between the site and the residential property. Mr. Wrightman requested to know the future plans for the property in the rear that is shown on the plan. Dr. Jacobs stated that the waiver use request is for 820 feet of the total depth of 1700 feet, and there are no plans at the present time for the remaining portion. Mr. Robert Knittle, 11354 Hillcrest, questioned if the wall and the trees are to be erected to the end of the parking area. Dr. Jacobs stated that the wall will be erected to the end of the parking lot but the trees only to the end of the building. Mr. Inittle requested to know what type of lighting is planned for the develop- ment. Mr. Howard A. Hemminger, 11224 Promenade, stated that the tall trees will block , IL any light from the motel to the residential homes and that the type of lights to be used are those that have down reflectors. 5144 Mr. Walker stated that a revision of the site plan was to be made to include 19 additional parking spaces and requested that a revised plan be submitted to the Planning Department showing the additional parking and a note regarding the tree planting and wall. There was no one else present wishing to be heard regarding this petition. Mr. Walker stated this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-6-1-19 by Albert R. and Margaret D. Van Ness requesting to rezone property located at the northeast corner of West Chicago and Ann Arbor Road in Section 31, from RUF to C-2 or 'C-1. Mrs. Van Ness, 38607 Joy Road, Westland, Michigan, petitioner, was present and stated that she desires a zoning change on this property because she would like to dispose of it and has an interested party to purchase it for a restaur- ant site. Mr. Tent questioned if the restaurant is proposed to be the inside-seating type. Mrs. Van Ness replied that that is what she was told, but that the party interested in erecting the restaurant is not present this evening. Mr. Wrightman stated that the residents in the area who have stated they do not object to commercial zoning have stated their desire to have a wall constructed for protection. Mrs. Singer questioned if Mrs: Van Ness owns any other property in this area. Mrs. Van Ness replied, no. There being no one else present wishing to be heard regarding this petition, Mr. Walker stated it would be taken under advisement. Mr. Wrizhtman announced the next item on the agenda is Petition 67-6-1-20 by William N. Ponder, Attorney for Charles J. Gillies, requesting to rezone property located on the east side of Farmington Road, approximately 830 feet south of Norfolk in Section 3 from R3A to R-7. Mr. Ponder was present and stated this property, 300' x 1300' , consists of nine acres and that results of studies they have made indicate this to be the best use for this property and that this type of development falls in with the City's plans for apartments in the City. Mr. Ponder advised the Commission that 88 one-bedroom units and 28 two-bedroom units are planned for this development with a recreation area in the rear. He further stated that Mr. Gillies lives on the property in a colonial house and plans to continue to live :on the property after it is developed. Mr. Walker questioned if there will be property left between this site and the convalescent home. Mr. Ponder stated he believes it abuts the convalescent property. Mr. Tent questioned if Mr. Gillies is going to be the developer of this property and if he had had experience in this. 5145 Mr. Ponder stated that Mr. Gillies has had experience because he is a general contractor, but doesn't believe he has built apartments. Mr. Wrightman questioned if there is a City ordinance that requires these buildings to face a public thoroughfare. Mr. Hull, Planning Director, stated the Planning Commission can request public dedication. Mrs. Singer requested to know the density per acre and if there will be a custodian on the property. Mr. Ponder stated that Mr. Gillies will probably remain on the property but not in the colonial house. He stated that density is 13 units per acre but this is the first plan and the Planning Commission will probably have some changes to Take in it. M . V. C. Reddy, 19938 Shadyside, stated he has five acres adjoining this site a7ld would rather the zoning for apartments not take place, but if it is going to change he stated that he felt his property should be rezoned also. Mr. Walker questioned if Mrl Reddy means that he would have no objection to the rezoning if his property is included in the rezoning. L. Reddy replied, yes. Mr. Howard B. Middlewood, 19936 Farmington, stated he 'owns adjoining property ' ,rid that Shadyside does not end as shown on the map but ends at the north side of Parcel I. He requested to know what the development plans are for the area the end of Shadyside. :M . Pollock questioned Mr. Middlewood as to whether he objected to apartment -oning per se. Middlewood replied, no. .,� Wrightman questioned if Mr. Middlewood wanted his property zoned R-7 also. Middlewood replied that probably some day he would. M . Harvey, 20010 Farmington Road, owner of Parcel G2, stated that it seems only fair that if this property is rezoned to multi-family that he be allowed the same rezoning and with this provision he has no objection to the petition. A resident, 20001 Farmington Road, stated he is opposed to this rezoning unless each unit will be taxed as a single family dwelling. 1: Ponder stated that the average apartment produces $350.00 per unit revenue �nJ that people with children usually do not seem to use apartments. Axa Tent questioned if dedication of the right-of-way was considered when ^_nsity was computed. 1:1-. Hull stated that if the land were rezoned to multi=family the site plan will have to be reworked because it exceeds the density allowance. 5146 i. being no one else present wishing to be heard regarding this petition Walker stated it will be taken under advisement. ilrightman announced the next item on the agenda is Petition 67-6-1-23 by ;i::.rcnce R. Charest, Attorney for Occidental Investment Company, requesting rezone property located on the east side of Merriman Road approximately :?O feet south of Eight Mile Road in Section 2, from RUFA to R-7. Charest, representing the petitioner, was present and stated thatthis site : :_racists of twenty-two acres and that 288 units are planned. He stated he :..els this is the most desirable use for this property since industrial use is V�2parently out of the question and that it will create a buffer between the 4.--_4ustrial area on the north and theresent residentiale Mr. Charest stated :hat the Association that etas originally opposed to industrial zoning for this has been contacted and representatives are present tonight to give views this petition. The development will be a high-grade, quality development, •_:,3 each apartment will be not less than 900 square feet. The architecture u.s mot yet been decided for the buildings themselves but they will be designed ccr irg to the wishes of the City. Z_ 'Talker questioned Mr. Charest if he would be available to lbok at some :'Mer developments of the petitioner with the Commission. Charest stated he will be available at any time and until such time as the .'csion has had an opportunity to view these developments he requested that _he Coniission not act on the petition. 1[0: Ten's requested to know who the investors are. .3hr.7-est stated that Occidental Investors is headed by Mr. E. Schubiner. Tent questioned if this will be the same type of development as was put up Five Mile and Middlebelt. r, Charest stated that they will duplicate any of the three developments in L.t :field that the Commission chooses. Wrightman questioned what the bedroom ratio• is to be. Charest stated there will be 144 one-bedroom units and 144 two-bedroom units. Tent asked if the developer had allowed the dedication of the right-of-way 1cn he figured the density. Charest stated that they did. Moser questioned who owns the property. :;wrest stated that Occidental has entered into an agreement to purchase _;:. property. 5147 Mr. James E. Mies, representing Mr. Rocco Ferrari who_ owns pro erty in the area, stated he is opposed to the petition based on. the fact that they feel the industrial belt should be extended, He stated they are aware of all the problems connected with that but feel any rezoning to t .7 would preclude any extension of the industrial toning at any time. He further stated his belief that R-7 would make a good buffer if the industrial zoning were first extended to about 600 feet. Mr. Walker questioned if his client has any plans for expanding any operation he may have at the present time Mr. Mies stated that they don't have plans,fox expansion south unless they could acquire additional property but are looking bo the future. Mr. Thomas Brady, representing Bohn Company, stated he is opposed tolt-7 zoning because it will destroy the possibilityOf extending industrially. He stated that good iiidustriel developmlent Could take plate in Livonia 4►ith 00 fleet of industrial' zoning but that it is impossible With only 300 feet, Mr, Nicholas Smith, Attorney, repreeentidg the members of the North Central Livonia Civic Association, stated that the position of the civic assotiatioh is that they do not objebt to this jetltlph a¢ an association, !lilt that individual property owners who may have abutting property are Clot bound by the association policy. He stated that the association's main contern is in main- taining the residential character of the neighborhood, and that a buffer of multi-family zoning would not be objected to. Mr. Wrightman requested to know the boundaries covered by this association. Mr. Smith stated the boundaries are Eight Mile, Pembroke, Farmington and Middlebelt. Mr. Wrightman asked if they believe RUF to be a better zoning then R-7. Mr. Smith stated they feel a change from RUF will come and R-7 is in keeping with residential. He stated that the association expressed a desire that units be kept to one and two bedrooms. Mrs. Singer questioned if the decision for R-7 zoning was made by a Board of Directors, and if so how many members comprise the Board and how many members do they represent. Mr. Smith stated the decision was made by the Board of Directors which consists of nine members representing about 183 members. Mrs. Singer questioned if the members are knowledgeable of what multiple dwell- ings means to a neighborhood. . Mr. Smith stated that the president of the association' had looked at the records when the petition was filed and there was considerable discussion regarding the alternatives. Mr. Moser questioned Mr. Smith as to his feelings on the previous petition which also covered property in this area. 5148 Mr. Smith stated that Mr. Middlewood and Mr. Reddy were present and spoke on that petition and that they were more qualified to do so. He stated that it is his desire to convey the feelings of the entire association rather than individual members. Mr. Pollock questioned if these decisions are made by the Board or by an appointed representative group. Mr. Smith stated the Board speaks the feelings of its membership. Mrs. E. Nikorak, 20315 Merriman, ,member of the Board of the North Central Livonia Civic Association Stated Oiat oho is not opposed to this rezoning, and feels that most of the people in he neighborhood do not object, at least the members that she personally talked with. Mr. Wrightman questioned how many people who live in the surrounding area did she contact so she could go back to the association to discuss: it. Mrs. Nikorak stated she contatlted eight. Mr. Wrightman asked if Mrs. . ikbra! Has looked at other apartment developments in this City. Mrs. Nikorak stated she has iookecit soil*, but that she intends to look at the development at Five Mile and Middlebeit which were constructed by the same developer. Mrs. Nikorak requested to know if the Planning Commission would not be responsible for seeing that the apartment construction is controlled. Mr. Tent stated the Commission has tried to obtain this type of control. Mrs. Singer stated that the association should also take into consideration that the highest density development in the City is 150 to 180 units; this one is proposed to be 288 which will be the largest in the City. Mrs. L. Sullivan, 20285 Milburn, stated that everyone on her street is not opposed to this rezoning. Mr. Arthur Paulsen, 20209 Purlingbrook, President of the North Central Civic Association, stated that R-7 zoning has the backing of the membership and questione questioned if this petition fits in with the Council's resolution on residential development in this area. Mr. Walker stated that the Planning staff has been making a study on this but the Commission has not had time to study it as a single item. Mr. Hull stated that the study is completed to the point where it can be brought to the Planning Commission next week and then put into a unified document and sent to Council. Mr. Paulsen stated that apartment zoning would serve as a buffer area because he does not believe single family development will ever take place. 5149 Mr. Walker, speaking as an individual, stated that he strongly feels something has to come about in placing vacant land inns proper perspective. He stated that he does not want to put himself in the position of fighting the homeowners or the City officials; that we know there is a hardship in developing the land into RUF and we know there should be some type of buffer between the residential and industrial. He further stated that we Can get away from the industrial zoning on Eight Mile, the only thing we tan try to do is to come up with a plan that will be the best for the City as a whole and still satisfy the people in the area and the City officials. There was no one else present wishing to be heard regarding this petition. Mr. Wrightman announced the next item on the agenda is Petition 67-6-1-24 by Joel Gershenson and Robert L. Wittboic{ requesting to rezone property located approximately 600 feet east of Farmington koad and approximately 360 feet north of Plymouth Road in the SouthWest 1/4 of Section 27, from M-1 to C-2 for construction of a K-Mart bepartment Store. Mr. Walker stated this item wiii be taken ,under advisement since there was no one present representing the petitioner. Mr. Wrightman announced the nekt item on the agenda is Petition 67-6-2-10 by G. H. Pastor requesting .a waiver use jermit to allow an insurance agency• and sales offices in a building located oil parcel 22A2a at the northeast corner of Hubbard Road and Schoolcratt Road iii the Southeast 1/4 of Section 22. Mr. Walker advised that Mr. Pastors single building has five vacancies and he is requesting that he be allowed to let it be used by several individual professional uses. There was a question raised as to whether or not one resolution could cover the uses of all five vacant offices or if only an insurance and a sales office could be allowed. Mr. Pastor stated that his petition stated an insurance and sales offices rather than a single office. A check of the records indicated that the petition reads sales offices rather than sales office. Mr. Walker stated this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-6-1-21 by the City Planning Commission on its own motion to rezone property located on the south side of Six Mile Road approximately 450 feet west of Inkster Road in Section 13, from RUFB to P.S. Mr. Tent requested to know if there is any legal action pending regarding a fence on Dr. Zadeh's property. Mr. _'erry, Assistant City Attorney, stated not to his knowledge, and as far as he knew there is no problem; it may be that the entire fence may have been waived. 5150 Mr. Clarence Charest, Attorney, was present on behalf of the owners of the property and stated he can't understand why the Commission wanted to change the zoning when there are two commercial businesses on it at the present time. Mr. Hull advised that an error was made in transferring the map from Ordinance #60 to Ordinance #543 relating to the centerline of the road. The zoning should have begun at the center of the road and the PS zoning to continue down to the lot line. He stated that our records show the property referred to by Mr. Charest to be zoned RUF and that the Zoning Board of Appeals had previously extended the use on this parcel of land but there was never a change of zoning to the commercial category. A commercial business is now operating on a parcel of land that is not zoned for it and the Commission is now trying to make the situation more compatible but it would still be a non-conforming use if it were rezoned to PS instead of C-1. Mr. Charest questioned if they would then be not legal where now they have permission to use the property as C-2. Mr. Walker requested to know if Mr. Charest would supply the Legal Department with a copy of the letter from the Zoning Board of Appeals so that this situation can be straightened out. Mr. Charest stated he would supply the copy of the letter. Chas. H. Rumon, 16854 Rougeway Drive, stated that it was agreed at the time of this rezoning that there would be no wall erected. He stated that there have since been petitions for a wall and if one were erected it would be directly in front of and too close to his house. Mr. Walker stated the intention of the Commission to look into this matter and if and when a wall has to be put in it will be with the abutting property owners agreement. Mr. Tent stated there is a variance on this property and so a wall is not required. Mr. Perry stated he believed the Zoning Board granted a variance for a year and the petitioner will have to come back and Mr. Rumon will have another opportunity at that time regarding the Wall. Mr. Wesley, a resident stated he would like to see the City require Dr. Zadeh to cut the weeds on his property. A resident, 27659 W. Six Mile, stated that Dr. Zadeh's property is no credit to the neiC'_zborhood. There was no one else wishing to be heard regarding this petition. Mr. Walker stated this item will be taken under advisement. 5151 Mr. Wrightman announced the next item on the agenda is Petition 67-6-1-22 by the City Planning Commission on its own motion to rezone property located approximately 250 feet south of Six Mile -Road and approximately 200 feet west of Inkster Road in Section 13, from RUFB to C-1. Mr. Hull stated this is a correction of the Zoning Map to make the zoning coincide with the lot lines. There was no one present wishing to be heard regarding this petition. Mr. Walker stated this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-6-3-3 by the City Planning Commission on its own motion to vacate a triangular portion of Outlot A, located approximately 48 feet west of Lot 29 of Coventry Gardens West Subdivision in Section 16. Mr. Hull stated that this change is necessary because when the outlot was re- quested from the developer to cover the flood plains his legal description was in error and conflicted with the outlot to the east. Mr. Walker stated that this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-6-6-2 by the City Planning Commission on its own motion to amend Section 18.45 (a) Protective Walls, of Ordinance No. 543, to provide for uniformity of protective walls. J Mr. Hull stated that this item was brought to the attention of the Planning Department by the Council from a complaint regarding the type of walls that were adjacent to their area. Walls can presently be of three or four different types. Mr. Ralph Bakewell, Planner III, outlined the changes that are being proposed by the Planning Commission. There being no one present wishing to be heard regarding this petition Mr. Walker declared the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-6-6-3 by the City Planning Commission on its own motion to amend Section 5.02 and 5.03 of Article V of the Zoning Ordinance, by placing dog kennels into the Waiver Use section of the RUF arning category, and by increasing the area requirements for raising animals. Mr. Donald Frishman, a resident questioned how it would apply to existing kennels. Mr. Perry stated that it will have no effect; that it will apply only to new instances. He stated that the area requirements have not been changed but it will require special permission from the Planning Commission after they have had an opportunity to view the plans for a new kennel. There was no one else present wishing to be heard regarding this petition. Mr. Walker stated that this item will be taken under advisement. 5152 • Mr. Wrightman announced the next item on the agenda is Petition 67-6-1-18 by James Mies, Attorney for Kenneth G. and Phyiiss A. Bruce, requesting to rezone property located at the southeast corner of Seven Mile and Merriman in Section 11 from R-3 to C-2. Mr. Mies, representing the petitioners, stated that with the paving and widening of Merriman Road it has become a very busy thoroughfare and is no longer suit- able for residential, but that its highest and best use now is C-2 which would allow a Standard Service station. Mr. Mies stated that the area is not saturated with this use as some areas of the City are. He stated that Mr. & Mrs. Bruce now live on the property with their children but that traffic is becoming too heav_- for a residence. Mr. Wrightman stated that he went to see the property and the home is in very good condition so he doesn't believe there should be a change in the neighborhood. William Waite, 31321 11. Seven Mile, owner of lot Jlc stated he believes the area should be left as it is, so objected to the petition. Mr. Ernest Prichard, 19021 Merriman, stated his objection to the petition on the basis that he feels it will create more traffic and be a detriment to the neigh- borhood. Harvey W. Moelke, 31740 Curtis, Mayor of the City of Livonia, was present and stated as a resident of the community that the Merriman-Six Civic Association has gone on record as opposing changing the zoning to anything except what it is and requested that the Planning Commission take into consideration the existing use of this property and deny the petition. On a motion duly rade by Mr. Ward, seconded by Mr. Moser, and unanimously adopted, it was #7-99-67 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, July 18, 1967, at approximately 11:30 p.m. ****************:'C Mr. Walker, Chairman, called the 239th Special Meeting to order at approximately 11:35 p.m. with approximately 35 interested people in the audience. - Mr. Wrightman announced that the first item on the agenda is Petition 67-7-2-13 by Livonia Inns, a Michigan partnership, requesting to construct and operate a two-story Holiday Inn Motel on the south side of Plymouth Read approximately 600 feet east of Milburn in Section 35. On a motion duly made by Mr. Tent and seconded by Mr. Ward, it was #7-100-67 RESOLVED that, pursuant to a Public Hearing having been held on July 18, 1967 on Petition 67-7-2-13 as sumbitted by Livonia Inns, a Michigan partnership, requesting to construct and operate a two- story Holiday Inn Motel on the south side of Plymouth Road approximately 600 feet east of Milburn in Section 35, the City Planning Commission does hereby recommend to the City Council that Petition 67-7-2-13 be approvad subject to site plan approval and based on the following legal description: 5153 "Parcel 35Cla, being the West 100.0 feet of the East 248.50 feet of the North 500.0 feet of the Northeast 1/4 of the Northwest 1/4 of Section 35; and the North 850 feet of Parcel B, being the west 16.5 41 feet of the Northwest 1/4 of the Northeast 1/4 of Section 35, and the East 148.5 feet of the Northeast 1/4 of the Northwest 1/4 of Section 35". 160 for the following reasons: (1) There is a need for this facility within this sector of the City. (2) This type of development will not conflict with the stability of the adjacent residential neighborhood. (3) This type of use will provide the City with maximum dollar revenue with a relatively low ratio of vehicular ingress and egress. FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A request for clarification was made by members of the Commission regarding the status of the C-4 zoning request by Mr. Hemminger for the Holiday Inn Corporation. Mr. Peter A. Ventura, President of the Livonia City Council, stated that the Council did not concur with the Planning Commission's favorable recommendation on the C-4 zoning petition and that the Mayor had vetoed the Council resolution . dr, Mr. Perry, City Attorney, stated that if this petition is acted on tonight the other becomes moot. Mr. Ward stated that he felt the question of the C-4 zoning should be taken care of first. Mr. Wrightman stated that it is his understanding that the City Council does not want to grant the C-4 zoning and the people with this petition tonight wish to get _started on their building. Mr. Pollock stated that he thinks the proper thing to do would be for the petitioner to ask for a withdrawal of his C-4 zoning request. Mr. Tent stated he feels that in evaluating the C-4 zoning against this proposal this is a much better plan of development and the gas station is done away with. Mr. Pollock questioned Mr. Hemminger if he would have an objection to submitting a letter withdrawing the C-4 zoning request. Mr. H. A. Hemminger stated that he will supply the Commission with such a letter. Mr. Walker stated that this letter should be sent to the City Council; that it is out of the Planning Commission's hands. Mr. Ward stated his feelings that if the Commission acted on this petition to- night they will not know what happened to the first action. Mr. Walker stated the Commission could ask Mr. Hemminger to submit a letter to •the Council at the same time the action on the current petition is sent to Council. 5154 Mr. Ventura advised the Commission that the Council by their action, denied the C-4 zoning and for all practical purposes that petition is dead. He further stated that he could see no obstacles in the Commission's way to keep them from acting bn this petition. A roll call vote on the foregoing resolution resulted in the following: AYES: Pollock, Ward, Heusted, Singer, Tent, Moser, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is petition 67-6-1-19 by Albert R. and Margaret D. Van Ness requesting to rezone property located at the northeast corner of West Chicago and Ann Arbor Road in Section 31, from RUF to C-2 or C-1. Mr. Walker stated that this item will be taken under advisement until a review can be made of the entire area. Mr. Wrightman announced the next item on the agenda is Petition 67-6-1-20 by William N. Ponder, Attorney for Charles J. Gillies, requesting to rezone property located on the east side of Farmington Road, approxi- mately 830 feet south of Norfolk in Section 3 from R3A to R-7. Mr. Walker stated that this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-6-1-23 by Clarence R. Charest, Attorney for Occidental Investment Company, re- questing to rezone property located on the east side of Merriman Road approximately X20 feet south of Eight Mile Road in Section 2, from RUFA to R-7. Mr. Walker, announced that this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is petition 67-6-1-24 by Jcel Gershenson and Robert L. Wittbold requesting to rezone property located approximately 500 fee;: east of Farmington Road and approxi- mately 360 feet north of Plymouth Road in the Southwest 1/4 of Section 27, from M-1 to C-2 for construction of a K-Mart Department STore. There being no one present representing this petition Mr. Walker stated that the item will be taken under advisement until the petitioner is advised by letter that a communication has been received from Lewis George withdrawing the petition. Mr. Wrightman announced the n:xi: item on the agenda is Petition 67-6-2-10 by G. H. Pastor requesting a waiver use permit to allow an insurance agency and sales offices in a building located on parcel 22A2a at the L northeast corner of Hubbard Road and Schoolcraft Road in the Southeast / 1/4 of Section 22. On a motion duly made by Mr. Moser and seconded by Mr. Wrightman, it was 5155 #7-101-67 RESOLVED that, pursuant to a ' public hearing having been held on July 18, 1967 on Petition 67-6-2-10 as submitted by G. H. Pastor 11140 requesting a waiver use permit to allow an insurance agency and sales offices in a building located on parcel 22A2a at the north- east corner of Hubbard Road and Schoolcraft Road in the Southeast 1/4 of Section 22, the City Planning Commission does hereby recom- mend to the City Council that Petition 67-6-2-10 be approved for the following reasons: (1) The proposed waiver use will be compatible to the adjacent uses within the professional service development. (2) The proposed use will be compatible to the adjacent residential neighborhood and should not adversely effect this development. FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Services A roll call vote on the foregoing resolution resulted in the following: AYES: Pollock, Ward, Heusted, Songer, Tent, Moser, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion carried and the foregoing resolution IL is adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-6-1-21 by the City Planning Commission on its own motion to rezone property located on the south side of Six Mile Road approximately 450 feet west of Inkster Road in Section 13, from RUFB to P.S. Mr. Walker, Chairman, stat_:dthis item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-6-1-22 by the City Planning Commission on its own motion to rezone property located approximately 250 feet south of Six Mile Road and approximately 200 feet west of Inkster Road in Section 13, from RUFB to C-1. On a motion duly made by Mr. [lard and seconded by Mr. Wrightman, it was #7-102-67 RESOLVED that, pursuant to a public hearing having been held on July 18, 1967 on Petition 67-6-1-22 as submitted by the City Planning Commission on its own motion to rezone property located approximately 250 feet south of Six Mile Road and approximately 200 feet west of Inkster Road in Section 13, from RUFB to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 67-6-1-22 be approved for the following reason: (1) The zoning will now conform more closely to the existing lot lines of the area, thus eliminating unusable fragments of land. J 5156 FURTHER RESOLVED that, notice of the Above public hearing was published in the official newspaper, The Livonian Observer and City Post, under date of June 28, 1967, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Rail- way Company, Michigan Bell Telephone Company, 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: Heusted, Singer, Tent, Moser, Pollock, Ward, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-6-3-3 by the City Planning Commission on its own motion to vacate a triangular portion of Outlot A, located approximately 48 feet west of Lot 29 of Coventry Gardens West Subdivision in Section 16. On a motion duly made by Mr. Wrightman and seconded by Mr. Tent, it was #7-103-67 RESOLVED that, pursuant to a public hearing having been held on July 18, 1967 on Petition 67-6-3-3 as submitted by the City Planning Commission on its own motion to vacate a triangular portion of Outlot A, located approximately 48 feet west of Lot 29 of Coventry Gardens West Subdivision in Section 16, the City Planning Commission does hereby recommend to the City Council that Petition 67-6-3-3 be approved for the following reason: (1) This is an action necessary to keep the assessment records correct. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, The Livonian Observer and City Post under date of June 28, 1967, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Rail- way Company, Michigan Bell Telephone Company and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Heusted, Singer, Tent, Moser, Pollock, Ward, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motinn carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-6-6-2 by the City Planning Commission on its own motion to amend Section 18.45 (a) Protective Walls, of Ordinance No. 543, to provide for 1:1 uniformity of protective walls. a On a motion duly made by Mr. Tent and seconded by Mr. Ward, it was 5157 #7-104-67 RESOLVED that, pursuant to a public hearing having been held on July 18, 1967 on Petition 67-6-6-2 as submitted by the City to Planning Commission on its own motion to amend Section 13.45 (a) Protective Walls, of Ordinance No. 543, to provide for uniformity of protective walls, the City Planning Commission does hereby recommend to the City Council that Petition 67-6-6-2 be approved for the follo;7in,; reason: (1) This ordinance will be i"alpful i:, maki--_, protective walls adjecent to residential neighborhoods more compatible. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, The Livcnian Observer and City Post, under date of June 28, 1967, and notice of such hear- ing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Compeny and Cioy Depa::me__ts a;; > .sted in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Pollock, Ward, ieusted, Singer, Tent, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman; declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the no.;t. iter., on the agenda is Petition 67-6-6-3 by the City Planning Coaa:iroicn on its own notion to amend Section 5.02 and 5.03 of Article V of the Zoning Ordinance, by placing dog kernels intc Wa"_ver. Use section of t:', RL'2 zoning categcry, and by increasins: the area requirements for raising animals. On a motion duly made by Mr. Ward and seconded by Mr. Wrightman, it was #7-105-67 RESOLVED that, pursuant to a public hearing having been held on July 10, 1967 on Petition 67-6-6-3 as submitted by the City Planning Commission on its own motion to amend Section 5.02 and 5.03 of Article V of the Zoning Ordinance, b; placing dog kennels into the Waiver Use section of the RUFzomi_ig category, and by increasing the area requirements for raising animals, the City Planning Commission does hereby recommend to the City Council that Petition 67-6-6-3 be. Jet', for the following reason: (1) The present Ordinance (.()'_Is not sufficiently protect residential development from the _aisine of a."1ime s. FURTHER RESOLED tt.,s -, .otic, of _'rove public e<__ a was published in the o:_ii :_..._ e:::)en Livonien Oleseever and City Post under date of jun?. 23, 1927, and notice of such hear- ing was sent to the Letr:oit ?di ,on Conpeey, CI,e-.aceeke ._ Ohio Railway Company, .1 _chi ;an 7-e.LL Telephone Company, Consumers Power Company and Ci-•T Lana , ^_- =t �; �� 1 ._._ted in� _ __ �oo:'- of Service. { 5153 A roll call vote on the foregoing resulted in the following: AYES: Pollock, Ward, Heusted, Singer, Tent, Moser, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the nest item on the agenda is Petition 67-6-1-18 by James Mies, attorney for Kenneth G. and Phyliss A. truce, requesting to rezone property located at the southeast corner of Seven Mile and Merriman in Section 11, from R-3 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 67-6-1-18 be denied for the following re_,sor:s: (1) There is no need for commercial zoni ?.s in this sector of the City. (2) Residential or institutional use is the most logical land use for this area because of its proximity to high calibre residential neighborhoods. (3) The proposed zoning is not a logical extension of existing zoning in this area. (4) Commercial development in this area will seriously conflict with the circulation of traffic in proxir-ity to the intersection of Seven Mile and Merriman Road. FURTHER RESOLVED that, notice of the above p_iblic hearing was published in the official newspaper, The Livonia Observer and City Post under date of June 28, 1967 and notice of such hear- ing 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: Singer, Tent, Moser, Pollock, Ward, Heusted, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion carried and the foregoing resolut_cm is adopted. Mr. Wrightman announced the next item on the agneda is Petition 67-7-8-4 by Livonia Inns, a Michigan partnership, requesting site plan and architectural approval for a two-story Holiday Inn proposed to be located on the scuth side of Plymouth Road approximately 600 feet east of Milburn in Section 35. 5159 #7-107-67 RESOLVED that, the City Planning Commission, pursuant to Section 11.03 of Ordinance No. 543, the Zoning Ordinance, having reviewed # Site Plan #55041, presented under Petition 67-7-8-4; and pursuant to City Planning Commission Resolution #7-100-67 adopted July 18, 1967, approving Petition 67-7-2-13 as submitted by Livonia Inns, a Michigan partnership, requesting a waiver use permit to construct and operate a two-story Holiday Inn Motel on the south side of Plymouth Road approximately 600 feet east of Milburn in Section 35, the City Planning Commission does hereby recommend to the City Council that Petition 67-7-8-4 be approved for the following reasons: (1) It makes provision for adequate facilities related to this development. (2) It is compatible to the adjacent residential neighborhood. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Moser, Pollock, Ward, Heusted, Singer, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on thegenda is Petition 67-4-1-13 by James Mies, Attorney for Twelve Mile- Dequindre Corp. , requesting to rezone property located on the east side of Ann Arbor Road between West Chicago and Ann Arbor Trail in Section 31, from RUF to C-1. Mr. Walker requested to know if a quit claim deed for the right-of-way had been executed. Mr. Mies, Attorney for the petitioner, stated that the property is being pur- chased on a land contract so the petitioner will not be able to sign a quit claim deed but they will enter into an agreement to convey it as soon as title to the property is acquired. Mr. Perry, City Attorney, stated that there have been problems acquiring property and the City should get a deed from both parties. Mr. Tent questioned what the Commission could do legally. Mr. Perry stated that we may have to rely on the good faith of the petitioner or ask for an assignment of equitable interest. On a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #7-108-67 RESOLVED THAT, pursuant to a public hearing having been held on June 13, 1967 on Petition 67-4-1-13 as submitted by James Mies, Attorney for Twelve Mile-Dequindre Corp. , requesting to rezone 1 property located on the east side of Ann Arbor Road between West Chicago and Ann Arbor Trail in Section 31, from RUF to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 67-4-1-13 be approved subject to the execution of an assign- ment of equitable interest, and for the following reasons: 5160 (1) It is a logical extension of existing zoning in the area. (2) This rezoning will round out the logical pattern for commercial land use 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 28, 1967, and notice of such hear- ing 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: Tent, Moser, Pollock, Ward, Heusted, Singer, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-5-1-16 by George and Dorothy Reynolds requesting to rezone property located on the east side of Ann Arbor Road between Ann Arbor Trail and West Chicago in Section 31, from RUF to C-1. On a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #7-109-67 RESOLVED that, pursuant to a public hearing having been held on June 13, 1967 on Petition 67-5-1-16 as submitted by George and Dorothy Reynolds requesting to rezone property located on the east side of Ann Arbor Road between Ann Arbor Trail and West Chicago in Section 31, from RUF to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 67-5-1-16 be . approved for the following reasons: (1) It is a logical extension of the existing zoning in the area. (2) This rezoning will round out the logical pattern for commercial land use 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 24, 1967, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Com- pany and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Ward, Pollock, Heusted, Singer, Tent, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. • 5161 Mr. Wrightman announced the next item on the agenda is Petition 67-6-5-2 by Ervin A. Harvat for Borman Foods, requesting to remove topsoil or; and sand from property located at the southwest corner of Deering and Eight Mile Road in the Northeast 1/4 of Section 1. A question was raised by the Commission regarding control of depth on a petition of this type and to a case now pending before the Zoning Board of Appeals. Mr. Walker stated that since there was no one present representing the petitioner to answer the questions posed by the Commission the item will be taken under advisement and the petitioner contacted and requested to appear before the Commission at a later date. Mr. Wrightman announced the neat item on the agenda is Petition 67-6-5-3 by Harold E. Edwards requesting to remove stockpiled topsoil from property located on the north side of Five Mile Road, approximately 1750 feet west of Newburgh Road in the South 1/2 of Section 18. Mr. Walker questioned how much longer this operation will take. Mr. Anglin stated it will take probably about a year. On a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #7-110-67 RESOLVED that, in conformance with Section 18.13B of Ordinance No. 543, the Zoning Ordinance, the City Planning Commission does hereby grant petition 67-6-5-3 by Harold E. Edwards requesting to remove stockpiled topsoil from property located on the north side of Five Mile Road approximately 1750 feet west of Newburgh Road in the South 1/2 of Section 18 (renewal) provided the petitioner continues his established bond covering this operation; and subject to compliance with regulations of the Engineering Divison and Police Department, for the following reason: (1) It is in best interest of the City to allow the petitioner to remove the existing stockpile. FURTHER RESOLVED that, pursuant to Section 18.13B of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the extension - is hereby authorized for a period of one year and the applicant shall apply for and obtain the extension herein authorized within thirty (30) days from the date of this resolution. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Moser, Pollock, Ward, Heusted, Singer, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-6-5-4 by Jack Anglin for Gold Construction Company, requesting to remove topsoil from property located on the east side of Newburgh Road and south of Six Mile Road in the Northwest 1/4 of Section 17. (Kings- bury Heights Sub. #3). 5162 On a motion duly made by Mr. Ward and seconded by Mr. Wrightman, it was #7-111-67 RESOLVED that, in conformance with Section 18.13B of Ordinance t No. 543, the Zoning Ordinance, the City Planning Commission does hereby grant Petition 67-6-5-4 by Jack B. Anglin for Cold Construction Company requesting to remove topsoil from property located on the east side of Newburgh Road and south of Six Mile Road in the Northwest 1/4 of Section 17; (Kingsbury Heights Sub. #3) subject to compliance with regulations of the Engineering Division and Police Department, for the following reason: (1) The removal of topsoil will not be detrimental to the overall development of the area. FURTHER RESOLVED that, the applicant deposit with the City Clerk a corporate surety bond in the amount of $6,1000.00 and a cash bond in the amount of $600.00; such bonds shall be for an in- definite period until released and discharged by resolution of the City Planning Commission; and FURTHER RESOLVED that, the applicant shall apply for and obtain the permit herein authorized within thirty (30) days from the date of this resolution. Mr. Tent stated that he would like to see an Ordinance amended to the effect that when topsoil is removed from land that it be returned to approximately four inches to the existing homes. ILOMr. Anglin advised the Commission that he buys the topsoil from the developer. If the soil was returned by the developer the cost would be greater than if the people bought their own. A roll call vote on the foregoing resolution resulted in the following: AYES: Heusted, Singer, Tent, Moser, Pollock, Ward, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 65-8-1-2 by Arthur Pollack requesting to rezone property located between Middle- belt Road and Harrison, north of the cemetery property on Six Mile Road in the West 1/2 of Section 12, from R-1 to R-7. On a motion duly made by Mr. Ward and Seconded by Mr. Heusted, it was #7-112-67 RESOLVED that, pursuant to a public hearing having been held on September 7, 1965 on Petition 65-8-1-2 as submitted by Arthur Pollack requesting to rezone property located between Middlebelt Road and Harrison, north of the cemetery property on Six Mile Road It: in the West 1/2 of Section 12, from R-1 to R-7, the City Planning Commission does hereby recommend to the City Council that Petition 65-8-1-2 be denied for the following reasons: 5163 (1) This land is scheduled for incorporation into the Master Park Plan and park land is the highest and best use for this particular parcel. �J (2) The physical characterist cs of the area indicate that it would be difficult to use this particular parcel of land for high calibre multi-family 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 August 18, 1965, 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Singer, Tent, Moser, Pollock, Ward, Heusted, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is a request dated 6/21/67 from W. N. Walters, Jr. for Mary Grande, for an extension 1:10 of waiver use approval for erection of a convalescent home on parcel 01CC located on the north side of Seven Mile Road between Lathers and Angling Road in the Southeast 1/4 of Section 1 as given in Planning Commission Resolution #3-52-66 relative to Petition 65-12-2-15. On a motion duly made by Mr. Ward and seconded by Mr. Wrightman, it was #7-113-67 RESOLVED that, pursuant to a request dated 6/21/67 from W. N. Walters, Jr. for Mary Grande, for an extension of waiver use approval for erection of a convalescent home on parcel 01CC located on the north side of Seven Mile Road between Lathers and Angling Road in the Southeast 1/4 of Section 1 as given in Planning Commission Resolution #3-52-66 relative to Petition 65-12-2-15, the City Planning Commission does hereby determine to grant an extension for a period of six months from the date of this resolution. A roll call vote on the foregoing resolution resulted in the following: AYES: Pollock, Ward, Heusted, Singer, Tent, Moser, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. 5164 Mr. Wrightman announced the next item on the agenda is a motion by the City L Planning Commission on its own motion to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, by incorporating property located between Middlebelt Road and Harrison north of the cemetery property on Six Mile Road in the West 1/2 of Section 12. On a motion duly made by Mr. Tent and seconded by Mr. Wrightman, it was #-7-114-67 RESOLVED that, pursuant to Section 23.01 of Ordinance No. 543 the Zoning Ordinance, the City Planning Commission does hereby determine to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, by incorporating the following described property: "That part of the West 1/2 of Section 12, T. 1 S. , R. 9 E. , City of Livonia, Wayne Cdunty, Michigan described as beginning at the Center 1/4 corner of Section 12 and proceeding thence S. 0° 09' 15" E. along the N. and S. 1/4 Section line, 331 ft. ; thence N. 89° 58' 0r W, 2434.66 ft. ; thence N. 0° 17' 50" U, 300 ft. ; thence N. 89° 58' 01" W, 140 ft. ; thence along the E4 line of Middlebelt Road, N. 0° 17' 50" U, 29.47 ft. and N. 0° 10' 50" U, 189.30 ft. ; thence S. 89° 51' 20" E. 2575.25 ft. ; thence S. 0° 15' 30" E. along the N. S. 1/4 Section line, 182.81 ft. to the point of beginning, also except the east 1235 feet thereof, also except the north 218.77 feet of the west 140 feet thereof." (Part of Parcel No. 12E2a) ILO FURTHER RESOLVED, that a hearing be held and notice be given as provided in Section 23.05 of the Zoning Ordinance, Ordinance No. 543, of the City of Livonia and that there shall be a report sub- mitted and recommendation thereon to the City Council. A roll call vote on the foregoing resolution resulted in the following; AYES: Moser, Pollock, Ward, Heusted, Singer, Tent, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, stated the motion carried and the foregoing resolution is adopted. On a motion duly made by Mr. Ward and seconded by Mr. Pollock, it was #7-115-67 RESOLVED that, pursuant to Section 23.01 of Ordinance No. 543, the Zoning Ordinance; and pursuant to Industrial Development Resolution #156-5-67, the City Planning Corrissica does hereby determine to hold a public hearing to determine whether or not to rezone property lying south of Six Mile Road from R3B and C-2 to M-1, and property lying north of Six Mile Road from C-2 and R5C to ML, so as to conform to the general development plan of the City of Livonia. FURTHER RESOLVED, that a hearing be held and notice be given as provided in Section 23.05 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. 5165 A roll call vote on the foregoing resolution resulted in the following: AYES: Pollock, Ward, Heusted, Singer, Tent, Moser, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. On a motion duly made by Mr. Wrightman, seconded by Mr. Ward, and unanimously adopted it was: #7-116-67 RESOLVED that the minutes of the meetings held by the City Planning Commission on May 23, 1967 and June 6, 1967 are hereby approved. On a motion duly made by Mr. Pollock, seconded by Mr. Heusted, and unanimously adopted the City Planning Commission adjourned its 239th Special meeting held on July 18, 1967 at approximately 12:40 a.m. CITY PLANNING COMMISSION w .----76:74- V/ Harry Wright , Secre •ry ATTEST: t /. al. Wet14/1 Charles W. Walker, Chairman IL1