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HomeMy WebLinkAbout` 5581 MINUTES OF THE 205th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 13, 1969, the City Planning Commission of the City of Livonia held its 205th Regular Meeting and a Public Hearing at the Livonia City Hall. Mr. Raymond Tent, Chairman, called the Public Hearing to order at approximately' 8:20 p.m. with approximately 40 interested persons in the audience. Members Present: Raymond W. Tent Robert Colomina Harry Wrightman Donald Heusted Marvin Moser Joel LaBo Charles Walker Frank Santo Members absent: None Messrs. Don Hull, Planning Director; John J. Nagy, Assistant Planning Director; and Robert Menzies of the City Planning Department; Harry Tatigian, City Attorney, and Gary Sackett, Assi. tent City Attorney were present. Mr. Wrightman announced the first item on the agenda is Petition 69-3-2-7 by the Simone Corporation requesting to be granted a waiver use permit to builj a home for the Armenian aged on property located on the west side of Middlebelt Road, south of Wentworth Avenue in the Southeast 1/4 o Section 14. Mr. Tent stated that there is a letter on file from the Chief City Engineer dated March 17, 1969 which indicates the city water and sanitary sewers are available on the west side of ilic._lebelt; that the main problem is the storm drainage which is presently inadequate. A 20' storm drain easement has been signed for this. Mr. Tent stated that everything else is in order and called the Petitioner to make his u:-esentation, Mr. Ernest Dyer, c,f the Simouc Corporation, 15800 W. McNichols Road, Detroit was present and made the presentation adding that the Commission has the drawings of what is proposed to be built. Mr. Tent asked if anyone in toe audience is interested in this petition; there was one person Tait;•. property ac ocs the street who stated she was in favor of this petition, Mr. Tatigian at this time wanted the record to show that the rear portion of the property owned by she petitioner which is not part of this petition but is the rear portion of the land in quest-on is designated as part of the Master Park Plan and that repreatives of the petitioner have been cooperative in executing an option to purchase 7:: the City; w:,i.ch purchase has already been at:"hor;s<ed by the City Council, anf� to sell the property at the appraised valuation. Mr. Dyer stated the home will look like the Armeniaa church in Northland, i.e. it will have the gold roof, He further advised that there would be no sick people as this would be strictly n home for retired pe rso s, c cc ialo scent home, 5582 Mr. Tent asked if there is a question of dedication of Middlebelt Road. Mr. Nagy advised there was no right of way needed; the property had already been dedicated. Mr. Hull advised the Commission that there are no problems. Mr. Talker referred to the land to the west of the development as vacant and asked if there were future plans to purchase more land. Mr. Dyer said, no; no present plans, but that would be up to the home. Mr. 'lrightman asked if the quantity of land in the petition will suffice. • Mr. Hull answered, yes. Mr. Tent asked if anyone was present who wished to be heard. There was no one. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Wrightman announced the second item on the agenda is Petition 69-3-2-8 by Herbert L. Grosberg requesting to be granted a waiver use permit to construct a restaurant on property located on the south side of Plymouth Road in the Northeast 1/4 of Section 36. Mr:. Tent read the letter in the file dated March 28, 1969 from the City Engineer setting forth three problems; (1) it will be necessary to tap the 7' diameter storm sewer along the north side of Plymouth Road for a storm sewer outlet for this property; (2) there are no wye locations available from the sanitary sewer along the southerly portion of this site; and (3) it will be noted that the ultimate development of Plymouth Road necessitates the acquisition of additional right -of-way. Mr. Tent asked if the petitioner was present. Mr. Harvey F. Tennen, 1161 First National Bank Bldg. , Detroit, attorney for Ranch House of America, Inc. and Herbert L. Grosberg, petitioner, approached the commission. He explained that the petition is for a family type restaurant; a franchise operation which is new to the Detroit area and different from other franchises. Their organization originated in the Florida area with home offices in Ft. Lauderdale; they have 40 units in Florida and are called the "Ranch House Restaurants", there are no tables - all booths and stools - carry a complete menu, reasonably priced, to attract family business. Theirs would not be an all night restaurant; 7 a.m. to 1 a.m. , freshly cooked and baked goods daily fur- nished by a commissary. He further advised that Mr. Vecos, executive V.P. of Ranch House of America, Inc. was present. Mr. Tennen presented the drawings to the Commission. Mr. Tent asked if the company has an option.on the property. Mr. Tennen answered, no; an offer to purchase subject to approval of the City. He stated that the investor would build and petitioner would lease from the investor. • 5583 Mr. Tent asked if there had been a market survey made as to whether there is a necessity for a restaurant, advising that there are 10 restaurants within a 1/2 mile area; in fact the Livonia Beef House, one of them has closed down. He asked if this is on speculation to see if it will go in the Detroit area. r Mr. Vecos stated that most of the ten restaurants referred to can be excluded from this discussion because they are drive-ins, take-outs or a spaghetti house; he advised that they will have primarily a specialty of charcoal foods and fish items. Mr. Vecos added that noc of the restaurants in the immediate area conflicts with them. Tee fact that the others do so well shows it is a reasonably healthy area for restaurants. Mr. LaBo stated that 3 of the 10 restaurants are sit-down restaurants. Mr. Tent asked if there is any connection between them and the Ranch House already operating, Mr. Tennen said, no; it is of another franchise; the closest similarity to their type of operation would be appearance. Further, he feels that they can compete favorably. hlr. Santo asked how the franchise worked and if this one restaurant is enough to support a commissary. Mr. Tennen stated that it is a territorial franchise for Metropolitan Detroit held by a local group with sone stock also held by the home office in Florida. He added that the commissary would service all their restaurants, there is one already in Troy and they hope to have 20 to 30 in the Metropolitan area (5 counties; all serviced by the sane commissary. 1 Mr. Vecos also stated the restaurants in the 5 counties would be owned and operated by local residents, Mr. [Iri.;htman stated that he was cencer.ned with the density of the area where rea';aurants are concerned. He felt that building across the street from an industrial center of the city was drawing power but not of family type business; he asked if petitioner did not think the location should be in a residential area if it was to ae a family typo restaurant. Mr. Tc ma n stated that it is the intent to hay family type restaurant but they would need :core than a 5 p,r., to 7 r,,m, dinner hour restaurant so it is necessary tc put it on a :::Lin thoroughfare to take care of the upkeep. Mr. Ual)= said the point in question is whether they will approve the location and repeated the list of restaurants in the area, one of which was torn down to put up a gas station, lie wondered what the effect would be on existing b2sinesses, E3 adued that he i,s not convinced that this is a good location and not convinced that any research had been made by the petitioner. Mr. Tennen stated that they would not make an investment of over $100,000, if 1!:: they didn't har-e ecniddcncc in the operation again saying that it is not like a Daly Drive-in, '_'e paid that Mr. Vecos and other representatives have gone through the area and feel they can successfully operate and that the restaurant would be an asset to Livonia. 5584 Mr. Tent reminded that the question asked was whether a market survey had been made, explaining that other petitioners for estaurants, etc. had had such surveys made. Mr. Vecos asked if this is a zoning change. Mr. Tent advised that it is a request for a waiver of use permit; that the Commission in this way can control what is brought into the City so as not to saturate an area. Mr. Vecos stated he had not been informed of the market survey - that in all their restaurants in Flirida it was not necessary to have a professional survey made, therefore they do not have any. Mrs. Parker, from the audience, stated that her address is 25845 Plymouth Road, that the reason some restaurants are taken by gas stations is that they are large operations and competitive with one another. She felt that this is a good spot for a restaurant because of the Fisher plant. Mr. Tent asked if she lives in the area. Mrs. Parker stated she is in business - real estate business. Mr. Tent asked if she has an option on this property. Mrs. Parker stated no, she is working as a representative for the seller and that is her connection. Mr. Tent asked if there was anyone wishing to be heard in the audience. There was no one. Mr. Tent, Chairman stated that the item will be taken under advisement. Mr. Urightman announced the third item on the agenda is Petition 69-3-1-6 by Arthur Bottrill requesting to rezone property located on the northeast corner of Rayburn and Farmington Road in the Southwest 1/4 of Section 15, from R-3 to P.S. Mr. Tent advised that there is a letter from Consumers Power stating no objection to this petition; one from the City Engineer indicating no engineering problems. He further added that there are no site plans submitted for this petition. Mr. Bottrill, the petitioner, was present and made his presentation to the Commission, reviewing the surrounding zoning. Mr. Tent asked if ha wanted the zoning change for speculation. Petitioner replied, no, Mr. Tent advised petitio::ar that 50% of the property in the city which has been rezoned has not been built on; that the Commission appreciates it when a petitioner comes in for a change with some kind of site plan. He asked what the petitioner plans to do because with the zoning in its present form the tax dollar is in his favor. Mr. Bottrill stated he has lived here for 33 years, is now retired; that Farmington Road is no longer a residential road; that he has a firm 5535 commitment if the rezoning goes through for P.S. Mr. Tent suggested that petitioner bring in his people so they can go over 1110 plans, etc. • Petitioner stated that the prospective buyer is Keim Realty4 Mr. Bottrill stated he felt the commission is probably tired of seeing real estate people come in and his, buyers suggested that he personally petition for the change of zoning. Mr. Moser stated that Mr. Bottrill should know that he is requesting lots la and 20 to be rezoned and that nothing has gone that deep in the neighborhood, that to go into lot 20 would be going into a residential area and even if he brings in a prospective buyer the commission is opposed to going in that deep. The petitioner discussed the surround area stated that Lot 20 was to be used for parking purposes only. He compared it to the medical center at Six Mile and Farmington Roads, adding that he did not feel it would be objectionable and no density of traffic would be caused. Mr. Tent stated that this land is not proposed for P.S. in the Master Plan and the zoning change requested here would be too great for this area. Mr. Santo commented with regard to the remarks made by Petitioner with reference to the Six Mile and Farmington Roads medical center stating that as a past President of the Burton Hollow Civic Center he knows that the residents did feel this to be a nuisance if only for the vandal light due to the depth. IL , He added that the people in their subdivision had spent a great deal of money beautifying their property and the medical men at the center had let the grounds of the medical center go without sufficient care. Mr. Tent stated that this petition is for rezoning and the Board is familiar with the Farmington Road situation, adding that the Commission had enough data to make a decision on this petition. There was no one else in .the audience wishingto be heard on this petition. Mr. Tent, Chairman, stated that the item will be taken under advisement. Mr. Urightman announced the fourth item on the agenda is Petition 69-3-1-7 by David Perry, attorney for Elias Brothers Restaurant, Inc. , requesting to rezone the property located on the southeast corner of Vassar and Middlebelt Road in the Southwest 1/4 of Section 1 , from C-1 to C-2. Mr. Tent stated that there was a letter from Consumers Power, showing no objections; a letter from the City Engineer stating that no sanitary sewers or storm sewers are available to the property in question; and that no plans had yet been submitted by petitioner. Mr. Hull stated that the petitioner has a presentation he is going to make tonight. Mr. David A. Perry, 31250 Plymouth Road approached the commission, representing- IL the petitioner stating that he had alerted petitioner regarding the sewer problem and felt this would be no problem. 5586 He read and presented to the Commission a letter- from Donald L. Wentzel, Asst. to General Manger of Shopping Center, Inc. , dated March 19, 1969 ti complimenting Plias Brothers and indicating that they are looking forward to having them in the Genessee Valley in Flint. Mr. Tent asked if he had a letter from the Mall. Mr. Perry •answered, no; but that he was sure they did not object. He further stated that with regard to the zoning, C-1 is spot zoning and that C-2 would give it continuity. He added that petitioner plans to save as much land as noss_ble for future offices, that the southerly 90 feet would be saved in conjunction with property to the rear eventually all to be used for offices. Mr. Tent asked if the Elias Brothers restaurant at James Couzens and Six Mile which was torn down is the same to be built in Livonia. Mr. Gabriel Kassab, Executive Vice President of Elias Brothers stated that the location referred to was the franchise which they took over but had no bearing on the proposed building. Mr. Tent asked i. this is a Bt Boy. Mr. Kassab answered, yes, but that it was a family-type restaurant - not a drive-in. Mr. Perry said they wcu' d incorporate the name Big Boy but as far as having the I[: image as on. Plymouth 2c.ad, no, Mr. Walker asked if architecturally the building would be like that located at Eight Nile cnj Farmington Roads, Mr. Kassab stated, to. It will be early American. Mr. LaBo asked the dimension' petitioner is interested in changing. Mr. Perry answered approximately 300' on Middlebelt. Mr. LaBo added and y,-;,.1 are going to use all but 90' . He stated that with re- gard to the proposed office^ only 1 parcel is listed in the petition, not the other to the rear, =. „ Barr" _ id they would not be the ones to build the offices, the developer would retuirc. the part to the rear build and lease same. Mr. i?rightman asked if a survey had been made as to the area and the number of restaurants in the vicinity. Mr, Perry stated with the exception of the Mall there are approximately five and mostly of a drive-in nature; the Palace being the only one similar to their proposed building and, that is every crowded. Mr. Tent advi_aed him that there are 16 restaurants in the general area, the franchise type retaurants are coming before the Commission in great numbers. 1110 Mr. Perry stayed that their particular franchises sold for $15,000 last year atld are now up to ;20,3CO, not a small investment to be made on speculation. 5587 Mr. Colomina asked if he was aware there was a restaurant going up about 4 blocks north of their land, already approved and partially constructed. Mr. Kassab said they had checked the area out, theirs isnot a new franchise company but one which .i_: been in business over 25 years, and that they are sure it is a good area. Mr, Lano felt there is a need for good restaurants but not across from the Mall, which is prim, eromerty, The Master Plan shows this to be PS . zoning and high- rise buildi_ns, Mr. Perry advised that this is the only property they have been able to get and would co^:nty with the Master "?_an as much as possible. Their investment would be about $250,000 and provides tax base for the City. the Mr. LaBo node/suggestion, why not build a restaurant on the first floor with additional floors devoted to offices. Mr. Perry stated the petitioner -,1'_y has a lease to build a restaurant. Mr. Tent asked if any one in the audience wished to be heard on this petition. Mr. Melvin Sachs, 28630 Southfield, Lathrup Village 48075, read a letter addressed to the Commission from the Livonia Office Pavilion stating that if the Big Boy restaurant -.7a;,- to b: a "typical Big Boy" restaurant they object, that the Master Plan should be adhered to in the best interest of the City. He commented that another pets.::ion. had Lire turned do.ac for a food restaurant for the same reason. Mr. Tent accented the letter adding his appreciation for the comments regarding the Master Pian, There wes no ore c.1ae wi. hi:-.,; to be heard on this petition in the audience. Mr, 'fent, Chairmen, :.tatid that the item will be taken under advisement. Mr, Wrighi:;an r•nncunc^-.d f =',:i, item on the agenda is Petition 69-3-1-8 by hilus Wilson requesting to rezone property located on the south- east corner of Hugh and Norfolk Avenue in the Northeast 1/4 of Section 2, iron ?1_.F to R-4, Mr, Teens st ted a Thtter -2ro:r the Consumers Power Company stating no objection to th:'.a netntio_i; letter from the Chief City Engineer indicating a dis- crepancy in the legldescription which must be e,,,nged. Mr. Hull advised that petitioner is present, Mrs. Mae Wilson, of 202flr 'Hugh ^venae, stated she needed the rezoning and lot split to sell her pr^_ssnt home which is too small for her family and to build a larger home on the southerly portion on Lot .9, Mr. Tent states' ti. t by changing the southerly portion of the lot from RUF to R-4 would necessitate a lot split anJ that would leave a non-conforming lot. Mrs, Wilson sad she weuld like it all to be rezoned, not only the southerly portica LLI p,eition, 5588 Mr. Urightman asked if it was petitioners intent to divide the lot into two lots in the R-4 category. Mrs. Milson answered, yes and to build a home on the southerly portion. Mr. Tent asked how this change would conform with existing zoning in the area. Mr. Hull said it would not be compatible. Mr. Walker asked if there are any dedication problems, Mr. Hull answered, no. Mr. Wrightman asked if it would be possible to get a lot split without a zoning change, Mr. Hull answeredl yes, if the Council would do this. He added that this would only make equal portions of the lot and this would not permit her to get a build- ing permit, that the possibility that the Zoning Board of Appeals might grant the use of the land even though insufficient in area is questionable. He felt that the land should be rezoned into the category intended for. Mr. Wrightman asked if the Commission would not be creating a non-conforming use which would go to the Board of Appeals anyway. Mr. Hull stated that since the house was built (relating to the northerly portion of the lot) it was up and a physical entity and there would be no action on it. { Mr. Tent asked if anyone in the audience wished to be heard. Mrs. Robert McCallum, 20271 Hugh Street, stated she lives directly across the street from petitioner's property. She wished to be assured that with new zoning more than one house could not be built on the southerly portion and none could be built on the northerly portion in addition to the home already there. She does not object to the change for the purposes desired by Mrs. Wilson so long as more homes are not permitted. Mr. Wrightman advised that if rezoned to R-4 petitioner can only build the one home and the lot cannot be split any further. Mr. Aho, who lives directly south of the property has no objections to the 1251 split but that petition had come out as 90' to which he did object. Mr. Tent asked if the Commission goes ahead with the changes are they creating a future problem. Mr. Hull stated that the additional zoning will identify the use of the area. He believes that if it is the desire to favorably acquiesce to petitioner's request they should have an entire study of the area made to rezone in conformance with the existing land use. Mr. Tent stated that if this change is going to effectuate further lot splits and increase the density, this is something they should oppose. Mrs. Wilson stated that the property across the street has the same amount of houses on it as she desires and wonders how they were able to do this. 5589 Mr. Tent advised that the zoning was different at that time or the owners had gone to the Zoning Board of Appeals. He asked if petitioner could expand the home she now has to meet her needs. ILPetitioner stated she had already built on to the original home and would like a new, larger home. Mr. Faven, of 20263 Hugh, stated he lives across the street and has no objection to the 125' lots. After short discussion regarding the remaining vacant land in the area which might request splits. Mr. Hull stated that the problem is the fact that most of the land as is presently being used is at a different dehsity than it is zoned for; that 80% of existing lots are actually undersized that they would conform to R-4 or R-5 District and it would seem reasonable that those non-conforming lots in the area should be zoned in the category to fit the existing land use. Mr. Tent stated he would like this matter to go back to a study for further consideration with the possibility of including other lands. Mr. LaBo stated that this would delay petitioner's request approximately 1 month but petitioner said this would be acceptable to her. There were no other persons in the audience to be heard on this petition. Mr. Tent, Chairman, stated that the item will be taken under advisement. t Mr. Wrightman announced that the sixth item on the agenda is Petition 69-3-1-9 by Emerson Building Company of Detroit requesting to rezone property located on the west side of Alexander between Sunnydale and Broadmoor in the Southwest 1/4 of Section 13 from RUF to R-1. Mr. Tent advised that he had a petition signed by the neighbors on Alexander Street approving the change of zoning; also a letter from D. L. Shill concerning 1/2 pavement on Alexander Street, the type and value of the homes to be developed. There is also a letter from Mr. Kanat, petitioner, stating that he could not be present. Mr. Tent asked if there was anyone in the audience wishing to be heard in this matter. Mr. Hodge, 28995 Sunnydale, wondered what effect this change would have on his property. Mr. Hull stated that the RUF zoning is the most restrictive category in the Zoning Ordinance as far as residential zoning is concerned. It must have a minimum of 1/2 acre in size. He advised that the petition requests a change from the highest category to the lowest - from RUF to R-1 which calls for lots 60' wide, 7200 square feet in area. Mr. Hodge asked how deep. to Mr. Hull said it was hard to say - one corner 68' x 170' but he contemplates lots to front on Alexander. Mr. Hodge asked how far west the lots will go. 5590 Mr. Hull gave a description of the property, being on Sunnydale about 68' Uwest from the present west line of Alexander and jogging 170' from the southerly right 1!: of way line of Sunnydale South, and jogging an additional 70' Nest and 260' South and back approximately 140' to'Alexander Avenue. Mr. Tent stated the question seemed to be RUF vs R-1 - what is the depth. He added that R-1 would be the smallest lots possible in area. Mr. LaBo stated that this would mean about 5 lots instead of 1/2 of that as it is now. Mr. Hodge stated that he owns Lot 225 which is 300' deep and wondered if he would be rezoned too. Mr. Douglas Cool:, 15862 Alexander, owner of Lot 4, stated that since the petition was signed the petitioner has solicited the people to sell back acreage of their lots and he wondered if he gets this could he put a street through to Alexander Avenue, There was a dicussion about an established agreement between property owners to run a water line across one anothers property and the fact that the water line is now in jeopardy and may result in sizeable expense to persons who cannot afford it. The question of builders obligation to pave remaining 1/2 of Alexander to Sunnydale was discussed. Mr. Hull explained the builders responsibilities with respect to paving bond, etc, and stated the builder would only have to improve as it relates to his subdivision and probably not include any extensive improvement along Sunnydale or Broadmoor. Mr. Douglas Coo':, stated he thought builder would have to pave both sides of the street. Mr. Tent stated that they have not been approving homes on 1/2 paved streets; when a developer comes in for such a street, the people across the street have to share in the payment of the street. He further discussed the size of the lots stating that the City Fathers would rather have a minimum of 80' lots. Mr. Cook stated that if the Commission feels it should go to 30' lots (R-3), he agrees. Mr. Tent stated that there is no correspondence in the file from the Engineer or the Water Department. The only thing in the file is about the RUF zoning, that no provisions were made :or this type of development in the engineering of the proposed • the ,...t.._ fee was paid. Mr. Cook stated he would rather see the property vacant adding that there are no playgrounds for t'.Le children in this area. After the discussion at this meet- ing and the eossiblility cf a street being put through, etc. he is not in favor of this potiti.ou - he had signed the petition only as it was originally presented. Tyr Tent s tatLA he would like to take this matter back to a study session as the Commission is not satisfied with some of the statements brought up at the meeting and would li.e to ask questions relative as to what the petitioner intends to do. Leonard R. Spas lives at the corner of Sunnydale and Sunbury and wished to object to the R-1 zoning change and said he too would approve the R-3; he stated that 11 he was u,:aware c= the purchase of the back acreage; he also questioned would the house on Sunnydale have to pave that part of Sunnydale? 5591 Mr. Spas and Mr. Cook stated they would want comparable homes with basements, with all improvements, i.e. curbs, etc. Mr. Tent sugested that a study session be held with interested persons present. There were no other persons in the audience wishing to be heard. Mr. Tent, Chairman, stated that the item will be taken under advisement, Mr. Wrightman announced that the seventh item on the agenda is Petition 69-3-1-10 by Michael Berry and Vivian C. Berry requesting to rezone property located on the north side of Ann Arbor Trail , east of Lawrence Drive, in the southeast 1/L of Section 32, from C-1 to R-7 , Mr. Tent stated there ware letters from the Consumers Power Company showing no objection; and the City Engineer stated there were no discrepancies; as well as a letter from Kathleen Kegler, 35800 Ann Arbor Trail in favor of the petition. Mr. Pat Duggan, 32f0) Five Mile Road, represented the petitioners and advised this change was requestd for the purpose of coming up with an acceptable site plan for this and the adjacent area already zoned R-7. He stated that this parcel would be for par.cirg p''rpos•.:3 only. Mr. Tent stated that commission was aware that this parcel had been included in the overall layout of the site plan. There was no one in the auJience wishing to be heard on this petition. Mr. Tent, Chairman, advised that this item will be taken under advisement.. Mr. Wrightman announced that the n.:xt item on the agenda is Petition 69-3-1-11 by Burton-Share, Inc. , Ply-Van Corporation, requesting to rezone property located on the west side of Levan Road, north of Plymouth Road, in the Southwest 1/4 of Section 29, from C-2 to M-1. Mr. Tent stated there is a letter from the Engineer advising there are no problems but a 10' ic',e sanitary sewer easement for purposes of extending sanitary sewer should be obtained. Mr. Tent asked if the Commission approved the petition as they have it would the easement be a problem° Mr. Hull stated that he believes that the problem that would exist is that he would have trouble servicing the proposed gas station on the northwest corner. There was no one in the audience wishing to be heard on this petition. Mr. Tent, Chairman, adv sed that this item will be taken under advisement. Mr. Uright n announced that the next item on the agenda is Petition 69-4-7-3 by the City Planning Commission on its own motion to determine whether or not to amend Part V of the Master Plan of the City of LiVo nia, the Master School and Park Plan, so as to provide for the incorporation of ILproperty located on the east side of Eckles, south of Five Mile Road, in t:c :iorthwc.st 1/4 of Section 19. 5592 Mr. Tent stated that a meeting had been held a few weeks prior with regard to this land acquisition and he has a letter from Mr. Dufour dated May 13, 1969 stating that Sc,^tion 19 has need for park lands, being the section in the City with the least amount of lands for parks. 4 Mr. Hull stated that he had a discussion with the Mayor and Mr, Dufour and the consensus of opinion is that they would like to get the maximum quantity of land they can in this area and would make every effort to purchase the land, apply for federal funds, etc, They would like it held as long as possible and if it cannot be purchased they will reconsider; they would like it placed on the park plan now. There was no one in the audience wishing to be heard on this petition. Mr. Tent, Chairman, advised that this item will be taken under advisement. On a motion duly made by Mr. Walker, seconded by Mr. Moser, and unanimously adopted, it was #5-58-69 RESOLVED that, the City Planning Commission does hereby adjourn the Public "Hearing held on May 13, 1969 at approximately 10: 55 p.m. .: k * k * .. :. * * x * Mr. Tent, Chairman, called the 205th Regular Meeting to order at approximately 11: 03 p.m, with approximately 40 interested persons in the audience as were present for the public hearing. Mr. Wrightman announced. the first item on the agenda is Petition 69-3-2-7 by the Simone Corporation requesting to be granted a waiver use permit to build a home for the Armenian aged on property located on the west side of Middlebelt Road south of Wentworth Avenue in the Southeast 1/4 of Section 14, On a motion duly made by Mr. La'3o, seconded by Mr. Wrightman, and unanimously adopted, it was #5-59-69 RESOLVED that, pursuant to a public hearing having been held on May 13, 1969 on Petition 69-3-2-7 as submitted by Simone Corporation, requesting to be granted a waiver use permit to build a home for the Armenian ^;ed on property located on the west side of Middlebelt Road south of Went=t4 Avenue in the Southeast 1/4 of Section 14, the City Planning Commission dons hereby recommend to the City Council that Petition 69-3-2-7 be approved subject to the following conditions: (1) That the architectural and building plans be adhered to. (2) Th t the site plan, as approved by the Commission, be adhered to. (3) That a detailed landscaping plan be submitted to the Planning Commission within six months of this date. (4) That the lendscanin , as indicated on the approved landscaping nl;,_,, Le installed within one and one half years after the building permit is applied for. 5593 Mr. LaBo read the foregoing conditions aloud and the commission indicated full agreement to the conditions. 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. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced that the next item on the agenda is Petition 69-3-2-8 by Herbert L. Grosberg requesting to be granted a waiver use permit to construct a restaurant on property located on the south side of Plymouth Road in the Northeast 1/4 of Section 36. On motion duly made by Mr. Colomina, seconded by Mr. Heusted, it was #5-60-69 RESOLVED that, pursuant to a public hearing having been held on May 13, 1969 on Petition 69-3-2--3 as submitted by Herbert L. Grosberg, requasting to be granted a waiver use permit to construct a restaurant on property located on the south side of Plymouth Road in the Northeast 1/4 of Section 36, the City Planning Commission does hereby recommend to the City Council that Petition 69-3-2-8 be denied for the following reasons: (1) There are numerous facilities of this type in the area and there is no need to duplicate the service. (2) This type of Us?. is a relatively high traffic generator and will conflict with the movement of transient traffic along PlyTouth Road. (3) This type of facility would adversely effect the development potential in adjacent areas and could detract from the stability of P1-;Teouth Road, (4) The proposed use would not be in harmony and appropriate with the or:' rly development of the surrounding area. (5) The location and size of the proposed use, the nature and intensity of the principal use end accessory uses, the site layout and its relationship to streets giving access, shall be :'ueh that the tra g ie to and from the use and assembly of persons in conjunction with the use, will be hazardous and ineonvc:Iint to the Brea and could conflict with the heavy traffic volume of the area; and (6) The location of the building and its accessories will be such that the proposJ use could have a detrimental effect upon the neighboring property and the neighbcring area in general. It mal impair -the v .lue of the neighboring property and disco'.iraf;e the apo ropriate development and use of the adjacent land or building. 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° mw 5594 A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Tent, Wrightman, Heusted, Colomina, Santo NAYS: Moser, LaBo ABSENT: None Mr. Tent declared the motion carried and the foregoing resolution is adopted. Mr. llrightman announced that the next item on the agenda is Petition 69-3-1-6 by Arthur Bottrill requesting to rezone property located on the northeast corner of Rayburn and Farmington Road in the Southwest 1/4 of Section 15, from R-3 to P.S. A Motion was made by Mr. LaBo to approve this petition stating he would not want to live on Lot 20, it would be a poor place for a residence, a parking lot would be submitted for approval. The motion failed due to the lack of support. On a motion duly made by Mr. Walker, seconded by Mr. Moser, it was #5-61-69 RESOLVED that, pursuant to a Public Hearing having been held on May 13, 1969 on Petition 69-3-1-6 as submitted by Arthur Bottrill requesting to rezone property located on the northeast corner of Rayburn and Farmington Road in the Southwest 1/4 of Section 15, from R-3 to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 69-3-1-6 be denied for the follow- ing reasons: (1) There is no indication of specific need for this rezoning at this time. (2) The easterly portion of the lot petitioned for should remain residential because of its proximity to adjacent residential neighborhood. (3) This type of development could adversely effect the stability of the adjacent residential development to the east. (4) Rayburn Avenue should continue as a residential street, non- residential use fronting on Rayurn could be detrimental to the residential u_aighborhood, FURTHER RESOLVED that, notice of the above public hearing was published i.n the official newspaper, the Livonia Observer under date of April 23, 1969, 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. 5595 Mr. LaBo suggested that the matter be sent backifor further study. Mr. Colomina suggested that petitioner come in at the next meeting with his prospective purchaser. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Tent, Heusted, Moser, Santo NAYS: Colomina, LaBo, Wrightman Mr. Tent declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced that the next item on the agenda is Petition 69-3-1-7 by David Perry, Attorney for Elias Brothers Restaurant, Inc. , requesting to rezone property located on the southeast corner of Vassar and Middlebelt Road in the Southwest 1/4 of Section 1, from C-1 to C-2. Mr. Spiro approached the Commission without being recognized. Mr. Tent reminded him that the public hearing on this item had been conducted and that his petition had been previously denied; that this was not a proper time for further discussion. Both Mr. and Mrs. Spiro insisted upon being heard. A short discussion with the Commission re- garding the denial of his waiver use petition for his property known as parcel 36A4 located on the south side of Plymouth Road was conducted. The Commission suggested that he appeal to the Council inasmuch as the Commission's action at this time was final but it was in the power of the Council to either sustain or reverse the recom- mendation of the Commission. They further added that the property is already zoned commercial, which means that he has many uses for the property and it can be developed in many ways. On a motion duly made by Mr. LaBo, seconded by Mr. Wrightman and unanimously adopted, (110 it was #5-62-69 RESOLVED that, pursuant to a Public Hearing having been held on May 13, 1969 on Petition 69-3-1-7 as submitted by David Perry, Attorney for Elias Brothers Restaurant, Inc. , requesting to rezone property located on the southeast corner of Vassar and Middlebelt Road in the Southwest 1/4 of Section 1, from C-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 69-3-1-7 be denied for the following reasons: (1) This development proposal is in conflict with the goals of the Master Plan for the Livonia Mall area. (2) This type of use could adversely effect the development potential of the adjacent lands. (3) This development proposal only makes provision for partial development of the parcel. (4) There are engineering problems connected with the development of this parcel; there is no sanitary sewer available to the site; the Wayne County Road Commission will not allow any surface drainage from the site to Middlebelt Road, and the storm drain problem will not be solved until 1970. (5) There is also a question of the improvement of Vassar Avenue adjacent to the site which is presently unimproved. 1 1 (6) There are numerous restaurants within the Livonia Mall area and there is no need to duplicate this service. IL 1 l i i 1 5596 FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of April 23, 1969, 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. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Urightman announced that the next item on the agenda is Petition 69-3-1-8 by Bailus Milson requesting to rezone property located on the southeast corner of Hugh and Norfolk Avenue in the Northeast 1/4 of Section 2, from RUF to R-4. Mr. Walker made a motion to approve this petition, the division of the lot in question to be made into 2 parcels, each being 130' x 125' , and further recommend to the Chair that the City Planning Department bring back on its own motion at a public hearing a petition for the rezoning of the northerly portion of the lot and at that time Mr. Walker asked the Department to advise the Commission what other property should be included in the petition. The motion is to approve the rezoning of the southerly portion only, RUF will remain on the northerly portion. Mr. Wrightman advised Mrs. Wilson that if approved, the remaining portion of the property would remain RUF for future study to put it in another category. Mr. Nagy stated it should be clarified to Mrs. Wilson that she must go before the City Council to get a lot split; that if sold the property would have to be t14.7 recorded as a legally approved lot split. On a motion duly made by Mr. Ualker, seconded by Mr. Urightman, it was #5-63-69 RESOLVED that, pursuant to a Public Hearing having been held on May 13, 1969 on Petition 69-3-1-8 as submitted by Bailus Milson requesting to rezone property located on the southeast corner of Hugh and Norfolk Avenue in the Northeast 1/4 of Section 2 from RUF to R-4 be approved, to rezone only the southerly portion of the property, approximately 130' x 125' for the following reasons: (1) The proposed division of land would be consistent with the land use pattern of the general area. (2) The proposed zoning is adjacent to high density zoning. (3) It is reasonable to allow the petitioner to zone and divide his property so he may create a lot that is con- sistent with the other lots in the general area. AND FURTHER RESOLVED, that the City Planning Department bring on its own motion a petition for the rezoning of the northerly portion of the lot covered in Petition 69-3-1-8, said petition also to include other property the Department feels should be considered for rezoning; FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of April 23, 1969, and notice of such hearing was sent to 5597 the Detroit raison Company, Chesapeake & Ohio Railway Company, Michigan De'_J. Telephone Co77.oany, Consumers Pour Company and City Departments as listed in the Proof of Service. i A roll call vote on ten forego . . r ::oluticn resulted in the following: AYES: Wall:=, T/ri t..,-,:., re s .:ed, i•iOser, Colonina, Santo, LaBo NAYS: Tent Mr. Tent declared the r_,`;tion carried and the foregoing resolution adopted. Mr. Tlrightman annou :c d that the next item on the agenda is Petition 69-3-1-9 as submitted by Emerson. =3rildirig Company of Detroit requesting to rezone property located on the -rest side of Alexander between Surnydale and 3roadeoor i_n the. southwest 1/4 of Section 13, from RUF to R-1 Mr. Tont - .7. to the ,,_ohlema raised by persons present at the public hearing, and the dnci4 "on 3_' :e Conmission t.iat this matter be brought back to a study meeting to which those snrsons a- a, invited, this item will be taken under advisement and referred to a at-ndy meeting, Mr, L7rightman announced the next item on the agenda is Petition 69-3-1-10 by Michael Perry- 11-7 Vivian C, Berry roar, sting to rezone property located on north side of Ann Arbor Trail , east of Lawrence Drive i_,. the Southcaa : ' �' of ^c.ction 32 from C-1 to R-7. On a motion duly mn(7o. iio er, .conded by Mr. Wrightrnan, and unanimously adopted, it was #5-65-69 RDSCLVT._ t.__t, _=___,__t to a Public Hearing having been held on May 13, 16 on Petition 69-3-1-10 as submitted by Michael Berry and Vivian C. Peri- : recucstir f to rezone property located on the north side of fn.. Ar-bor Trail, east of Lawrence Drive, in the southeast J./-:- of Secion 32, from C-1 to n.-7, the City Planning Commission ::: _.:c1.-:end to the City Council that Petition 69-3-1-12 bo_ app:rov :cr the following reasons: (1) This is a '_ogi_c.ol rezoning to logically round out the zoning p.tt:--.=n of the a a, (? ... _ .i ._ �! :r deve1ooment in this sector of the C_t; „ (3) The intrusion of commercial -coning into this multi-family ccnl-' .t �',-e d w,lopeent, (4) The e:-_i:tins C_•1 cc-:i:rc_al zoning would constitute spot zc .ie_'. b�� au,ne isiia=-. -- ia. of unrelated zoning that Serres no uorL._vhiil p no o, FURTHER RESOLVED that, notice of the above public hearing was published in the orrici_a_ newspamor, the Livonia Observer under date of April. 23, 1959 and noise of such hearing was sent to the 1.et o i.: _ . son Co ✓ :en obe a Ohio Railway Company, Michigan Bell Tel.ahon: ;ca. e'r,y, Consumers Power Company and City Depa a-tnar is co1 i.s in the Proof of Service. 5598 Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. 16; Mr. ?lrighttnan announced the next item on the agenda is Petition 69-3-1-11 by Burton-Share, Inc. , Ply-Van Corporation, requesting to rezone property located on the west side of Levan Road, north of Plymouth Road, in the Southwest 1/4 of Section 29, from C-2 to M-1. On a motion duly made by Mr. Walker, seconded by Mr. Wrightman, and unanimously adopted, it was #5-64-69 RESOLVED, that pursuant to a Public Hearing having been held on May 13, 1969 on Petition 69-3-1-11 as submitted by Burton-Share, Inc. , Ply-Van Corporation, requesting to rezone property located on the west ;-_de of Levan Road, north of Plymouth Road, in the Southwest 1/4 of Section 29, from C-2 to M-1, the City Planning Commission does hereby recommend to the City Council that Petition 69-3-1-11 be approved for the following reasons: (1) Industrial zoning is a logical continuation of the zoning pattern of the area. (2) There is no additional potential for industrially-oriented commercial zoning in this area. (3) It is in the best interest of the City to encourage industrial, rather than comme,cial zoning within the industrial corridor. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of April 23, 1969, 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. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 69-4-7-3 by the City Planning Commission on its own motion to determine whether or not to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to provide for the incorporation of property located on the east side of Eckles, south of Five Mile Road, in the northwest 1/4 of Section 19. Mr. Tent stated that it should be noted that petitioner be informed that the intention is to secure the property and to go ahead with the program. Mr. Hull said it would be done. On a motion by Mr. Colomina, seconded by Mr. Heusted, and unanimously carried, it was • 5599 #5-66-69 RESOLVED that, pursuant to the provisions of Act 235 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia having duly held a public hearing on May 13, 7 1969 for the purpose of amending Part V of the Master Plan of the City of Livonia, entit - " "Master School and Park Plan, the same is hereby amended so as to include 17.81 acre parcel of land located on the east side of Ecicles, south of Five Mile Road, in the Northwest 1/4 of Section 19, as a park site (27.94 acres) for the following reasons: (1) There is a great need for park and recreation facilities within this sector of the City because of the relatively high population density and because there is only a limited amount of open space within this areae 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 the City Council, City Clerk and the City Planning Commission; and a certified copy shall also be forwarded to the Register of Deeds for the County of Mayne for record- ing. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the nest item on the agenda is Petition 63-4-1-15 by Donald C, Dereio, attorney for Dr. Otonas Vaitas, requ'- ring to rezone property located on the north side of Orangelawn, west of Farmington Road, in the Northeast 1/4 of Section 33 from RUF to PS. On a motion duly made by Mr, Moser, seconded by Mr. Colomina and unanimously carried, it was #5-67-69 RESOLVED that pursuant to a public hearing having been held on May 21, 1968 on Petition 63--4-1-15 as submitted by Donald C. Deremo, attorney for Dr. Otonas Vaitas, requesting to rezone property located on the • north side or Orargel-un, 1'7est of Farmington Road, in the Northeast 1/4 of Section 33, from au7 to PS the City Planning Commission does hereby recommend to the City Council that Petition 68-4-1-15 be approved for the followir,7; reasons: (1) There is a need for this type of facility in this sector of the City, (2) The development proposal for this parcel of land is of sufficient calibre and quality to justify approval. (3) This is a continuation of the zoning pattern of the area and will not adversely effect adjacent development, (4) The proposed zoning is consistent with the land use pattern of the area, 5600 FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of May 5, 1)65 and notice of sech hearing was sent to the Detroit Edison Company, Cheaspea'_ce & Ohio Railway Company, Michigan Bell Telephan C_r:o ;a , _o';ouners Power Company p� � and City Departments as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Urightman annoi:riced the next i.tc.m on the agenda is Petition 69-2-1-3 by David Perry, attorney -:or Douglas E. and Rosal i ne D. Winfield requesting to rezone -)roperty located on the north side of Plymouth Road between Faruirgcon ,arid F':-)bard in Section 27 from C-2 to M-1. The Commission had a short di.scursi.ca on the co: moo= should petitioner after receiving zoning change to M-1 be denied the waiver by the Zoning Board 'of Appeals. David Perry assured the commission that the petitioners would build as planned. On a motion duly m.7.0 1-;T I . '7 ;_ -, n ccac-.ded by Mr, Santo and unanimously carried, it was #5-63-69 RESOLVED that, p'..rauanc :o a Public Nearing having been held on April 1 , 1969 on Petition 69-2-1--3 as submitted by David Perry, attorney for fico' Jt t tr_C; Rosallne D. ini i .1d requesting to rezone propert;, located en the ncr_thside of Plymouth Road between Farmington And Hubbard in Section 27 , from C-2 to M-1, the City Planning Conmi.ss;on does hereby recommend to the City Council that Petition 69-2--1-3 b. cp roved for the following reasons: (1) There 's a need to < ccoiamodate the intended use within our City. (2) The inc'u tr.ia.l. corridor i.^ the orly lo,;ics l location for the intended (3) Additiena= iedus ~_ai zoning in this area is consistent with the Master Plan of the City which envisions the majority of the land b.-::....en c _ c ;d _ ; c ,+L: ', is converted to In- dus tr :l_ u._ , (4) Inius`r el zea_nc- in ih: s area will not adversely effect the adjecer_t (':ea'e'•epna^t ;r:.7 it in consistent with the creation of an indusr l cerror sitoir this general area. FURTHER REDCL= that, notice of the above pablic hearing w published in the officio' no.wapaper, the Livonia Observer under date of March 12, 1-36 r.i r)ti.oc of such hearing was sent to the Detroit Edison Company, Chesapeake "r. Ohio Railway Company, Michigan Bell `eleohone Co:span;-, Consumers Power Company and City Departments as listed in the Proof of Service, Mr, Tent, Chairman, declared 'ae ,mor__ou carried and the foregoing resolution adopted. • 5601 Mr. Wrightman announced that the next item on the agenda is Petition 69-2-1-4 by Melvin Sachs requesting to rezone property located on the north side of Ann Arbor Trail east of Nix Road in Section 31 , from R-1 1to R-7. A short discussion was held by the Commission regarding the right of way deeds. On a motion duly made by Mr. LaBo, seconded by Mr. TIrightman and unanimously carried, it was #5-69-69 RESOLVED that, pursuant to a public hearing having been held on April 1, 1969 on Petition 69-2-1-4 as submitted by Melvin Sachs requesting to rezone property located on the north side of Ann Arbor Trail east of Nix Road in Section 31, from R-1 to n-7, the City Planning Commission does hereby recommend to the City Council that Petition 69-2-1-4 be approved for the following reasons: (1) This rezoning constitutes a logical addition to the zoning to the east and rounds out the zoning pattern of the area. (2) This rezoning would allow for logical development of the existing R-7 zoning to the east. (3) Multi-family zoning is logical becr ,se of the location of the site. The proximity to the park will offset the slight increase in density generated by multi-family zoning in this ILarea. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of March 16, 1969, 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. Mr, Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced that the next item on the agenda is the final plat approval for Dover Courts Subdivision No. 2 located in the Southwest 1/4 of Section 7. Mr. Tent asked if petitioner had met all his obligations. Mr. Hull stated, yes, everything is in order, that preliminary plat and financial obligations have been met. On a motion duly made by Mr. Colomina, seconded by Mr. Wrightman, and unanimously carried, it was #5-70-69 RESOLVED that, the City Planning Commission does hereby recommend IL to the City Council that the final plat of Dover Courts Subdivision No. 2, located in the Southwest 1/4 of Section 7, be given final approval for the following reasons: . 5602 (1) This final plat is consistent with the previously approved preliminary plat. 11:4 (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 #11-136-68 adopted on November 12, 1968; and it further appearing that said proposed plat together with plans and specifications for improvements therein have been approved by the Department of Public Wotks, Engineering Division, under date of March 12, 1969; and it further appearing that the financial assurances required in Council Resolution #350-69 and 428-69 adopted on March 261 1969 have been filed with the City Clerk as confirmed by lettet dated May 6, 1969 from Addison W. Bacon, City Clerk, it would therefore appear that all conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. On a motion duly made by Mr. Moser, seconded by Mr. Colomina, and unanimously adopted the City Planning Commission adjourned its 205th Regular Meeting held on May 13, 1969, at approximately 11: 37 p.m. CITY PLANNING COMMISSION I . _ Harry UriVi. tman, Sec ary ATTEST: /6 Raymon riff. nt Te Chair �n