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HomeMy WebLinkAboutPLANNING MINUTES 1967-08-15 5167 MINUTES OF THE 185th REGULAR MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 15, 1967, the City Planning Commission of the City of Livonia held its 185th 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 8:30 p.m. with approximately 60 interested persons in the audience. Members present: Charles W. Walker, Donald Pollock Harry Wrightm= Donald Heusted Marvin Moser Myra Chandler John J. Ward Raymond W. Tent Members absent: Mimi Singer Messrs. Don Hull, Planning Director; Ralph Bakewell, Planner III; John J. Nagy, Planner III; George Wieble, Assistant City Attorney, were present. Mr. Wrightman announced the first item on the agenda is Petition 67-6-2-11 by Robert L. Tipton, for Kenwood Church of Christ requesting a waiver use permit to build a church on property located on the east side of Merriman Road approx- imately 330 feet north of Fargo in Section 2. Mr. Robert Tipton, Chairman of the Board of Trustees, 5844 Lakeview, 0rch2r6 Lake, Michigan, was present and stated his plans are to build a church to accommodate 150 people on 4.6 acres of land, with an education unit attaced in an L-shaped structure that would accommodate approximately 500 people. The church is proposed to be of conservative design with parking space provided for 120 cars. Mr. Tipton stated that a designer is presently working on the preliminary plans and they will be ready in about six weeks at which time they will be submitted to the Planning Commission. Mr. Tent requested to know if this church is being transferred from another location. Mr. Tipton stated no, the church is presently located on Middlebelt across from the Sears shopping center. He stated also that this is a nondenomination church. Mr. Moser asked what Mr. Tipton proposes to do with the present property. Mr. Tipton stated they plan to sell it. There was no one present wishing to be heard regarding this petition. Mr. Walker stated that the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-6-2-12 by Jerry Hall requesting a waiver use permit to retail sand, gravel, dirt, stone, roofing materials and lawn supplies on property located at the northeast corner- of ornerof Rayburn and Middlebelt Road in the Southwest 1/4 of Section 13. . 5168 Mr. Jerry Hall, Petitioner, 29700 Hathaway, was present and stated he does not plan to build a new building because there is already a cement block building there which will be used for storage and retail of sand, gravel, etc. , and that it will be a 'bushel-stop' type of building. Mr. Hall stated that he would also park a truck there. Mr. Tent asked if Mr. Hall is familiar with the operation on Seven Mile and Deering and how would Mr. Hall compare that business with his own. Mr. Hall stated that the operation on Seven Mile is a huge business, but he would not have over three yards of dirt, sand and gravel at any one time; this will be a small operation. Mr. Wrightman requested to know the relationship of the roofing material to the sale of lawn supplies. Mr. Hall stated there is no relationship; he plans on operating his roofing material supplies business and the sale of lawn supplies is a sideline. He stated that his roofing material business will be carried on indoors. Mr. Wrightman asked if Mr. Hall plans to build bins for these supplies. Mr. Hall stated that he hadn't planned on it but would do so if it is required. Mr. Pollock asked if Mr. Hall's roofing business involves melting tar and where that equipment is kept. Mr. Hall stated that he would not use the property for melting tar; that is done on the job, but the kettles and tar truck would be stored outside on the property. Mr. Walker read a letter from the file regarding this business from Walter F. Emig, President of The Hearthside Inc. , 15700 Middlebelt Road, Livonia, Michigan, and stated that there is four pages of signatures attached from people who object to the property being used for the purpose stated. Mrs. Chandler requested clarification as to whether the property is now being used for this business. Mr. Hall stated that he is using it for storage. Mr. Walker asked if Mr. Hall is doing atthing outside the building. Mr. Hall stated no, just for storing the truck. Mr. Hull, Planning Director, stated that a contractor's yard is permissable only under the M-1 zoning district, but that he does not know the exact details of Mr. Hall's operation, so it is hard to say if he is in violation of the ordinance. Mr. Tent asked if a license is required to open up a business here. Mr. Wieble, Assistant City Attorney, stated that a permit is required. I Mr. Hall stated that he does not have a permit. 5169 Mr. Walker stated that Mr. Hall is at this hearing apparently because he is t operating without a permit and somebody is trying to stop him. Mr. Gerald Ward, 29221 Rayburn, questioned Mr. Hall as to what driveway he is planning on using for an out. Mr. Hall stated he plans to use a residential street. Mr. Gerald Ward stated that the he was told by a man from the Inspection Dept. that Mr. Hall was ordered to stop his operation. Mr. Hall stated that he was told by a man from the City that he would have to get a waiver of use to continue his business. A resident stated that she is opposed to this petition because of the dilapidated building and the odor. Mr. Walter F. Emig, 15700 Middlebelt Road, stated he objected to this petition and referred to a petition that he had circulated objecting. The petition contained 62 signatures of persons objecting to this petition. Mr. Hall stated that he really only wants a roofing material business and a place for his trucks and that he can do without the sand and gravel retail. Mr. Wrightman questioned Mr. Hall if he had investigated any available land within the industrial belt that would be suitable for his operation. Mr. Hall stated that he has looked but they are either too small, too expensive, or there would be no place to park his truck. Mr. Walker stated his feelings that the majority of the Commission feels that Mr. Hall is operating his business in the wrong location. He stated that the Commission will attempt to help him relocate and if he could possibly do it Mr. Hall should get together with the Planning Director and Industrial Coord- inator to see if a location can be found. Mr. Hall stated he would be happy to do that. Mr. Walker stated this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-6-7-8 by the City Planning Commission on its own motion, pursuant to request from Parks and Recreation Commission Resolution #575-67, to amend Part V of the Master Plan, the Master School and Park Plan, to delete a portion of parcels 31NNla ans 31NN1b located on the west side of Newburgh Road approximately 1280 feet north of Joy Road in Section 31. There was no one present wishing to be heard regarding this petition. Mr. Walker stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petiton 67-7-2-14 by Clarence M. Hoffman requesting to be granted a waiver use permit to erect, operate and supervise a coin-operated car laundry on property located on the north side of Plymouth Road approximately 780 feet west of Merriman Road in Section 27. • 5170 Mr. Hoffman, petitioner, stated that this property adjoins their present business and that the front of the building contains a doctor's office and a dentist's office. The proposed business to be erected is a New Process car wash. Mr. Walker questioned if Mr, Hoffman had reviewed the letter sent to him by Mr. Hull regarding the plans which had been submitted showing an encroachment on the abutting lot. Mr. Hoffman stated he received the letter and he believes he has complied with the letter. Mr. Walker stated that it appears from the plan that the car wash would be constructed on one lot and the ingress and egress on the other lot. Mr. Hull stated that it looks like the point of ingress and egress is going right through the bowling alley parking lot. Mr. Hoffman stated that they use that area at the present time for ingress and egress and that there is no problems because there is room enough for two cars to pass going both directions with cars parked on each side. Mr. Tent requested to know if the bowling alley and the proposed car wash have their own parking area and driveway. Mr. Hoffman stated, yes. Mr. Hull advised the Commission that there seems to be some conflict here and requested Ralph Bakewell of the Planning Department to show on a plan prepared by the Planning Department where the Department feels this conflict exists. There were two violations pointed out. Mr. J. Mahoney, representative of the New Process Company, stated that he was not aware of these conflicts with the ordinance. A determination was made by the City Planning Commission that further study on this item is necessary, and that it should be taken under advisement for that purpose. Mr. Walker, Chairman, stated the item will be taken under advisement. On a motion duly made by Harry Wrightman, seconded by Mr. Ward, and unanimously adopted it was #8-117-67 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, August 15, 1967, at approxi- mately 9:30 p.m. ********************** Mr. Walker, Chairman, called the 185th Regular Meeting to order at approximately 10:00 p.m. with approximately the same number of people in the audience. 4 Mr. Wrightman announced the first item on the agenda is Petition 67-6-2-11 by Robert L. Tipton, for Kenwood Church of Christ requesting a 5171 waiver use permit to build a church on property located on the east side of Merriman Road approximately 330 feet north of Fargo in Section 2. Mr. Walker, Chairman, stated that this item will be taken under advisement until Mr. Hull and the petitioner meet regarding the site plan. Mr. Wrightman announced the next item on the agenda is Petition 67-6-2-12 by Jerry Hall requesting a waiver use permit to retail sand, gravel, dirt, stone, roofing materials and lawn supplies on property located at the northeast corner of Rayburn and Middlebelt Road in the Southwest 1/4 of Section 13. On a motion duly made by Mr. Tent and seconded by Mr. Wrightman, it was #8-118-67 RESOLVED that, pursuant to a public hearing having been held on August 15, 1967 on Petition 67-6-2-12 as submitted by Jerry Hall requesting a waiver use permit to retail sand, gravel, dirt, stone, roofing materials and lawn supplies on property located at the northeast corner of Rayburn and Middlebelt Road in the Southwest 1/4 of Section 13, the City Planning Commission does hereby recommend to the City Council that Petition 67-6-2-12 be denied for the following reasons: (1) It is a use that is not compatible with adjacent development. (2) It is a use that can effect the desirability and the stability of the adjacent residential neighborhoods. (3) It is a use that could have an adverse effect on the movement of transient traffic along one of the City's most important major thoroughfares. FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Depart- ments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Pollock, Ward, Heusted, Chandler, Tent, Walker, Wrightman NAYS: None ABSENT: Singer 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 67-6-7-8 by the City Planning Commission on its own motion, pursuant to request from Parks & Recreation Commission Resolution #575-67, to amend Part V of the Master Plan, the Master School and Park Plan 11; to delete a portion of parcels 31NNla and 31NNlb located on the west side of Newburgh Road approximately 1280 feet north of Joy Road in Section 31 for the following reasons: 5172 On a motion duly made by Mr. Moser, and seconded by Mr. Wrightman, it was #8-119-67 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of City of Livonia having duly held a public hearing on August 15, 1967 for the purpose of amending Part V of the Master Plan of the City of Livonia, entitled "Master School and Park Plan", the same is hereby amended so as to delete a portion of parcels 31NNla and 31NN1b located on the west side of Newburgh Road approximately 1280 feet north of Joy Road in Section 31 for the following reasons: (1) There is sufficient remaining park land on the Master Plan to adequately satisfy the City's needs 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 of the City of Livonia, which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission, with all amendments thereto, and further that this amendment shall be filed with 4he City Council, City Clerk, and the City Planning Commission; and certified copy shall also be forwarded to the Commission; and a certified copy shall also be forwarded to the 1:00 Register of Deeds for the County of Wayne forrecording. A roll call vote on the foregoing resolution resulted in the following: AYES: Pollock, Ward, Heusted, Chandler, Tent, Walker, Wrightman, Moser NAYS: None ABSENT: Singer Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-7-2-14 by Clarence M. Hoffman requesting to be granted a waiver use permit to erect, operate and supervise a coin-operated car laundry on property located on the north side of Plymouth Road approximately 780 feet west of Merriman Road in Section 27. On a motion duly made by Mr. Wrightman and Seconded by Mr. Tent, it was #8-120-67 RESOLVED that, pursuant to a public hearing having been held on August 15, 1967 on Petition 67-7-2-14 as submitted by Clarence M. Hoffman requesting to be granted a waiver use permit to erect, operate and supervise a coin-operated car laundry on property located on the north side of Plymouth Road approximately 780 feet west of Merriman Road in Section 27, the City Planning Commission does hereby recommend to the City Council that Petition 67-7-2-14 be denied for the following reasons: 5172a (1) This type of use is a relatively high traffic generator and would conflict with the movement of transient traffic along Plymouth Road. (2) This type of operation could adversely effect the potential and the stability of the adjacent area. (3) The development, as proposed, violates Section 11.03(d) 2 and 3, of Ordinance #606. (Ord. #543, as amended, pp7) FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Depart- ments as listed in the Proof of Service. 1 5173 A roll call vote on the foregoing resolution resulted in the following: ti AYES: Heusted, Tent, Moser, Pollock, Ward, Walker, Wrightman, Chandler NAYS: None ABS ENT: Singer 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 67-6-1-19 by Albert R. and Margaret D. VanNess requesting to rezone property located at the northeast corner of West Chicago and Ann Arbor Road in Section 31, from RUF to C-1 . Mr. Hull stated that the material which the Commission requested from the petitioner has not been received. Mr. Walker stated this item will be taken under advisement until such time as the material has been submitted. 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. Hull stated that this petition is being made for the purpose of extending 10 the existing zoning to the property line. On a motion duly made by Mr. Ward and seconded by Mr. Pollock, it was #8-121-67 RESOLVED that, pursuant to a public hearing having been held on July 18, 1967 on Petition 67-6-1-21 as submitted 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. , the City Planning Commission does hereby recommend to the City Council that Petition 67-6-1-21 be approved for the following reason: (1) The remaining portion of land south of the existing P.S. zoning and the south lot lines would be unusable and would not allow maximum development of the existing 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 June 28, 1967 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company and Consumers Power Comp- any, City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Heusted, Chandler, Tent, Moser, Wards, Pollock, Walker, Wrightman IL NAYS: None ABS ENT: Singer 517$ Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-6-1-23 by Clarence Charest, Attorney for Occidental Investment Company, requesting to rezone property located on the east side of Merriman Road approximately 320 feet south of Eight Mile Road in Section 2, from RUFA to R-7. Mr. David McDowell, Superintendent of Clarenceville Public Schools, stated that the School Board had discussed this rezoning and have no objection to it; they feel it will bring in more taxes and more students to the area. Arthur Paulsen, President of the North Central Livonia Civic Association, stated that the Association is looking for a buffer between the residential and industrial area around Eight Mile Road, and that the people in the area are worried that the industrial zoning may some day be expanded but by permitting this apartment development the area will be sealed off from further industrial expansion. He stated they would prefer single family residential development but feel that that will never take place► Clarence Charest, representing the petitiohet, was preseht and stated that he was pleased that the Clarenceville School Board has no objection to this petition. He stated that the people in the area ate very concerned over their property and favor the multiple development of this land. He stated that he felt multiple zoning would be a good buffer, and if the Commission voted against this petition they would be voting for industrial expansion on Merriman Road. Mr. IL; Charest stated that a plan has been presented that will be beneficial to the City and to the School Board. Elliot Schubiner, developer, stated that since the School District, the people in the area are in favor of the petition, and since it will add to the City's tax base, he feels that the will of the people should prevail. Mr. Harry Wrightman stated that industrial use of this property is not what is being discussed tonight, but that the Commission is being asked to approve the use for multi-family in an area that is already die cast as industrial. He stated that because of this he has a very personal feeling that an apartment complex in this immediate area will not sustain itself for a long period of time. This is a very minor buffer and will not afford protection to the people in the area. He stated that he would recommend to the Commissioners that the zoning be left as it is, single family residential , until the time when a plan can be presented that will afford the people a sizable buffer. Mrs. Chandler stated her feelings that controversy among people is good; that the Commission has worked hard and long without gratitude from the people in the area; that they have been a pressure group and have not taken the interest of the entire City into consideration as the Commission has. She stated this group has harassed the Planning Commission which has been a dedicated group looking after the City's welfare, and they have been a group dedicated to their own self interests. Mrs. Chandler stated that, in her own true conscience, she does not believe anyone interested in investing in this area could be found. Mr. Tent stated that during the past few weeks he has had an opportunity to view Mr. Schubiner's development at Middlebelt and Five Mile and also his development in Southfield, and he questions whether that type of development 5175 could be developed on this land in view of the character of the neighborhood. He questioned if Livonia could have a development comparable to Huntley Square. I Mr. Moser statedhis belief that Mr. Schubiner would bring quality apartments into Livonia but that several t4eeks ago the Planning Department was asked to survey the whole neighborhood and he believes the Commission should not act on this petition until the completion of that study, Mr. Pollock stated that he reels the Commission is correct in saying that light industrial zoning in that area is the best solution to the problem, however, the Commission has been told in no uncertain terms by the Council that industrial development there has been halted. He stated that if this cah be a quality development, and if the people in the area want it, he has no objection. Mr. Wrnghtman stated that in his opinion he feels that what Mr. Schubiner is trying to do just can' t be done in that particular area. Mr. Charles Walker stated that he is concerned with the fact that the Commission: has made studies and have tried to entice development to this area; that the Planning staff has gone to a lot of work and detail in supplying the Commission with master plans of the area; Mr. Walker stated that h has a deep regard for the Planning staff, but he believes the thing that failed is that the Council and the people in the area did not accept the plans so now the Commission has been shown a practical and acceptable use for the land and even if it is denied he doesn't believe industrial use will be enticed just because the Commission feels it should be there. Mr. Walker stated that strong thought should be given to this and that a quick decision could not be made, and if it is voted _ on tonight the Commissinners should know in their own minds that they are doing good for the people and the City. Mr. Charest assured the Commission that they intend to create a quality development and that this property is mortgagable for high quality development, He stated that anything the Commission wants they will do and that a site plan which meets the approval of the Commission will be submitted. Mr. Tent questioned the legality of a draft or agreement whereby the developer would have to adhere 100% to plans that the Planning Commission would require. Mr. Wieble, Assistant City Attorney, questioned if Mr. Tent is referring to a covenant of some sort from the developer. Mr. Tent stated he is asking for something that will force the developer to do what he says he will do. Mr. Wieble stated that he believes Mr: Tent is asking for the power that the Zoning Board of Appeals might have; the Planning Board sets the zoning for an area and the Zoning Board of Appeals may place conditions on the zoning. Mr. Schubiner stated he would be willing to enter into any agreement that his plans will meet the Commission's. requirements and the Legal Departments. Mr. Walker stated that the Commission does have site plan control and questioner if the Commission is within their legal right, be sure that the development 161; that is to be placed here will be as it is presented. 5176 Mr. Wieble stated that the most effective tool for this Board would be a quick rezoning of the property. IL; Mrs. Chandler stated that the Commission will have to accept a certain amount of faith in making these judgments, and a man's past performance should mean something. Mr. Wrightman stated that it is true that if the Commission does rezone this to R-7, and if all complies with the building codes and site plan, there is very little control the Commission has other than that. Mr. Pollock stated that if the zoning is changed it would be of great value to have something in writing in the files to the effect that the proposed development would follow the Huntley Square development. Mr. Ward stated his feelings that the population og metropolitan Detroit will double in the next years, and that Livonia is in the middle of this development_ There is no reason why, he stated, the Commission has to hurry to do anything regarding this petition; the people in the area do not want factories, so the Commission can wait until something acceptable to eierybody comes along. Mr. Ward stated further that the Commission is the recommending body, they don't have to approve apartments; the Council has the final action on this and they want to take a stand on it themselves. Mr. Tent stated that he would like action to be delayed until such time as a covenant indicating what is actually to be done is received and approved. Mr. Charest stated that he will be happy to supply a letter of intent to the effect that they will erect an apartment complex that will comply with the same concept and plan, elevation and general outline as Huntley Square; that this proposed development will be as close as possible to that development. Mr. Moser stated his feelings that a vote should be taken tonight, that he can see no reason to delay this petition. Mr. Wrightman stated that he would go along with Mr. Tent regarding the letter of intent. Mr. Schubiner stated that if the Commission could take his wornregarding the letter of intent that a vote on this petition tonight would be very appreciated. On a motion by Mrs. Chandler and seconded by Mr. Pollock, it was #8-122-67 RESOLVED that, pursuant to a public hearing having been held on July 18, 1967 on Petition 67-6-1-23 as submitted by Clarence R. Charest, Attorney for Occidental Investment Company, requesting to rezone property located on the east side of ierriman Road appro::imately 320 feet south of Eight Mile Road in Section 2, from RUFA to R-7, the City Planning Commission hereby recom- mend to the City Council that Petition 67-6-1-23 be approved contingent upon receipt of an acceptable letter of intent from Mr. Charest, Attorney for Occidentallnvestment Company, regarding the 1L; general concept and plan of the proposed development. 5177 FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia 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 Consumers Power Company, City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Pollock, Chandler NAYS: Ward, Heusted, Tent, Moser, Wrightman ABSTAIN: Walker ABS ENT: Singer Mr. Walker stated he abstained from voting on this petition at this time because he would rather have waited until clarification of the covenant. Mr. Walker, Chairman, declared the foregoing resolution is not adopted. 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, approximately 830 feet south of Norfolk in Section 3 from R3A to R-7. Mr. Pollock stated that he cannotfigure out from what has been presented just what is being proposed here. Mr. Pander, Attorney for the petitioner, stated that an architectural drawing of the proposed development was presented to the Commission and it is felt that a good plan has been submitted. He stated that they would prevail on the Commission to act on this petition tonight. On a motion duly made by Mr. Wrightman and seconded by Mr. Heusted, it was #8-123-67 RESOLVED that, pursuant to a public hearing having been held on July 18, 1967 on Petition 67-6-1-20 as submitted 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, the City Planning Commission does hereby recommend to the City Council that Petition 67-6-1-20 be denied for the following reasons: (1) The shape of the parcel does not lend itself to logical development for high calibre, high quality multi-family. (2) Multi-family zoning in this sector of the City is not consistent with the overall Master Plan of the City. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer and City Post, under date of June 28, 1967, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Cor..;um-is Power Company and City Departments as listed in the Proof of Service. 5178 A roll call vote on the foregoing resolution resulted in the following: I AYES: Moser, Walker, Pollock, Ward, Heusted, Chandler, Tent, Wrightman NAYS: None ABS EN'S: Singer Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-7-5-5 by Harold E. Edwards requesting to remove topsoil from a portion of Parcel 18D located on the west side of Newburgh Road approxi- mately 114 feet north of Ladywood Road in the East 1/2 of Section 18. On a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #8-124-67 RESOLVED that, in conformance with Section 18.13 D of Ordinance No. 543, the Zoning Ordinance, the City Planning Commission does hereby grant Petition 67-7-5-5 by Harold E. Edwards requesting to remove topsoil from a portion of Parcel 18D on the uest side of Newburgh Road approximately 114 feet north of Ladywood Road in the East 1/2 of Section 18, subject to compliance with regu- lations of the Engineering Division and Police Department, for the following reason: a (1) The operation should not adversely effect future development of this site. FURTHER RESOLVED that, the applicant deposit with the City Clerk a corporate surety bond in the amount of $11,000,00 and a cash bond in the amount of $1 ,100.00; 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 letter. A roll call vote on the foregoing resolution resulted in the following: AYES: Heusted, Tent, Moser, Pollock, Tlard, Chandler, Walker, Wrightman NAYS: None ABS ENT: Singer Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. 5179 114, Mr. Wrightman announced the next item on the agenda is Petition 67-6-1-24 by Joel Gershenson and Robert L. Wittbold requesting to rezone property located approximately 600 feet east of Farmington Road 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 Department Store. Mr. Walker stated that this petition will be held until such time as Mr. Hull transmits a letter to the petitioner requesting him to withdraw this petition. On a motion duly made by Mr. Wrightman, seconded by Mr. Tent, and unanimously adopted, it was #8-125-67 RESOLVED that the minutes of the meetings held by the !City Planning Commission on July 18, 1967 and August 1, 1967 are hereby approved. Mr. Wrightman announced the next item on the agenda is Petition 67-8-5-6 by L. E. Heichman, for Hayes Sand & Gravel , requesting to remove topsoil from a parcel located north of and adjacent to St. Priscilla Church in Section 2. On a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #8-126-67 RESOLVED that, in conformance with Section 18.13D of Ordinance No. 543, the Zoning Ordinance, the City Planning Commission does hereby grant Petition 67-8-5-6 by L. E. Heichman, for Hayes Sand & Gravel , requesting to remove topsoil from a parcel located north of and adjacent to St. Priscilla Church in Section 2 subject to compliance with regulations of the Engineering Division and Police Department. FURTHER RESOLVED that, the applicant deposit with the City Clerk a corporate surety bond in the amount of $1 ,500.00 and a cash bond in the amount of $150.00; such bonds shall be for an indefi- nite period until released and discharged by resolution of the 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. Don Heichman, 15205 Middlebelt, was present and stated that the School Board of the City of Livonia was going to use the topsoil but due to the delay in obtaining a permit 3,000 yards are going to the Plymouth Schools and he does not know yet where the rest is going. He stated that Purlingbrook would be used for an out. Mr. Walker stated there are several communications in the file urging the Commission to approve this operation. 110 A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Moser, Pollock, Ward, Heusted, Chandler, Walker, Wrightman NAYS: None ABSENT: Singer 5180 Mr. Walker, Chairman, declared the motion carried and the foregoing resolution ILO is adopted. On a motion duly made by Mr. Moser, seconded by Mr. Heusted, and unanimously adopted, the City Planning Commission adjourned its 185th Regular Meeting held on August 15, 1967 at approximately 11: 30 p.m, CITY PLANNING COMMISSION °,:h/ if Harry Wrigh an, Secre /'y Attest: Q-4-14-4) 661, e.Vg-lese4G--) Charles W. Walker, Chairman