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HomeMy WebLinkAboutPLANNING MINUTES 1970-03-17 8812 MINUTES OF THE 215th REGULAR MEETING AND 1[40 A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, March 17, 1970, the City Planning Commission of the City of Livonia held its 215th Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Raymond W. Tent, Chairman, called the Public Hearing to order at 8:15 p.m. with approximately 40 interested persons in the audience. Members present: Raymond W. Tent Harry Wrightman Marvin Moser Donald Heusted H. Dow Tunis Joel LaBo Charles W. Walker Members absent: Robert Colomina Messrs. Don Hull, Planning Director; John J. Nagy, Assistant Planning Director; Daniel Andrew, Industrial Development Coordinator, were also present. Mr. Wrightman announced the first item on the agenda ..is Petition 70-2-2-4 by Green, Ettenheimer, Farber, Binkow and Shell Oil Company requesting to be granted a waiver use permit to allow property located on the northwest corner of Joy Road and Hix Road in Section 31 to be used for a service station. Mr. Tent made reference to a letter in the file from the Engineering Department relating to unavailability of sanitary and storm facilities and the necessity for a 10' permanent easement and a 40' wide temporary easement across the entire Joy Road frontage in connection with the extension of Livonia Drain #29. Mr. Tent stated the Ordinance requires that 65% of the property owners in the area indicate their consent to the construction of this station at this location and that such a record is on file. Mr. Patrick Duggan, Attorney, was present representing the petitioners and stated that his clients have asked for this waiver use because they feel this is a good site for a Shell Service station as there are-no other stations on Joy Road west of Merriman, the nearest being at Ann Arbor Road and Ann Arbor Trail. He stated this will be an attractive service station built with the most modern architectural design possible, and that his clients have selected this site because there are sufficient people in the area who will benefit from the station. Mr. Duggan stated that the land is zoned C-2 and will lend itself to a station because of the shopping center and that people will be able to walk there and leave their cars to be serviced and then pick them up. Heintroduced Mr. A. J. Erwin of the Shell Oil Company. Mr. A. J. Erwin, Real Estate Representative for Shell Oil Company, showed a rendering of the proposed ranch-style station and also a lay-out of the station stating that the station will sit back in the corner of the property and that there is ample room on all sides. He stated their plans show landscaping along Joy Road as well as on the station site and this will be treated anyway the City of Livonia or the neighbors would like to have it treated. He stated there will be no problems as far as traffic is concerned because the driveways are far apart; ' also that they do not want a lot of things they had in the past such as pennants and signs all around the property. Mr. Erwin said there is a need for a station here; that the freeway will cross Joy Road about three-quarters of a mile west of this location and on the other side of the freeway most of the zoning is going 8813 to be industrial. He stated this is probably going to be what we call a neigh- borhood service station and that he would like to See a time limit on the operation of this station, but he can't. Mr. Tent complimented Mr. Erwin on his presentation and stated that Mr. Erwin has been before the Commission before and knows the Commission's feelings toward service stations and that everything he has brought up has been brought before the oil companies for the past six years. Mr. Tent said one thing concerns him - a problem the Commission has been running into for about the last three years and that is the inclusion of other facilities in the gas station business such as the rental of trucks and trailers. Stations in the City have claimed to have a lot of area but can do nothing with it like the station at Merriman and Five Mile they did a beautiful job and then the owner began to rent trucks because he had so much land and couldn't do anything with it; then he couldn't get a waiver use so the rental business was removed. Mr. Tent questioned Mr. Erwin how the Shell Oil people will prevent this from happening. Mr. Erwin stated they have a problem as far as control goes. He stated they can put it in their lease as being against it if the City has an ordinance against it, and the company will be happy to enforce any ordinance the City has. Mr. Wrightman stated that he is concerned about the promises made; it is nice to have beautiful pictures to show the Commission but asked if Mr. Erwin has seen some of his stations throughout the metropolitan area that have other things beside their buildings like trucks, trailers, ice vending machines and even picture frames. He stated he has taken the position that most people who are in the rental business are not able to sell gas or repair cars and to allow an accessory type business to exist in what normally is considered an auto- mobile service business and not be able to control it is not permitted in the Ordinance; the fact of shopping centers and does not believe they are attractive to the shopping centers. He said we have 84 stations in 36 square mile and would be tempted to take this matter to a study session. Mr. Walker stated we are involved with a petition of granting a gas station and the most important factor involved is location; he thinks Mr. Erwin presented the reason for the location. Our experience is that when gas stations back up to a shopping center it is most undesirable because the station becomes un- sightly and adversly effects the aesthetic quality of the entire development. It becomes a problem for them to police or do anything desirable with their own shop- ing center because of the gas station on the corner. He said it is pretty con- vincing to the Commission that this is very undesirable. Mr. Walker stated there is another factor: we are taking a 200' square out of a piece that was originally planned for a total complex shopping center and if this 200' square of land is developed with a gas station what will that do to the calibre of the development to come later. Mr. Duggan stated that his client owns not only the parcel for the gas station but the entire shopping center and it is to their best interest that the entire parcel plus the shopping center be developed to maximum and that the people involved are not going to run down the entire parcel for the sake of this gas station; it will be designed in such a manner that it will not deter from the entire shopping center and the parcel will bring the maximum value to the City of Livonia. Mr. Duggan stated it is their thought that this station will be tied in such a manner that you can shop and have your car serviced at the same time. 8814 Mr. James Nelson, 8881 Houghton, stated he could see this corner from his home and there are four other gas stations within one mile of this site, He objected to the petition because he can see no reason to flood the area with another station. Mr. Wrightman asked what part is Shell Oil playing in this development if they are not the landlords. Mr. Duggan stated that Shell will be leasing this part of the entire package. Mr. Wrightman asked if Shell is going to build the building. Mr. Erwin stated that Shell will build the building and own the property. Mr. Tent stated there have been problems before with shopping centers related to gas stations. There was no one else present wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 70-1-2-1 by John R. Wilder and Dr. Richard Sullivan on behalf of Myron J. Olson requesting to be granted a waiver use permit to use lower two offices of existing building on property located on the northeast corner of Farmington Road and Curtis in Section 10 for professional testing and screening of employment abilities and for a life insurance company. Mr. Tent explained that this item was scheduled for the last public hearing but since the petitioner wanted to use the building for two purposes and only one had been advertised, the petition was held until this public hearing when both can be heard. Dr. Richard Sullivan, petitioner, was present and stated they are petitioning for a screening service and insurance company which previously located on Farmington Road, about 2 1/2 miles north. A representative for the insurance agency stated they have their offices in the lower level of Dr. Sullivan's building and indicated that about 80% of their working day would be spent in the office; a good share of the time they are out on appointments, soliciting business, etc. He said there is Mr. Hayes, himself and one other person in the business. Mr. Tent questioned Mr. Hull regarding compliance with ordinances. Mr. Don Hull, Planning Director, stated the building complies with the ordinances, and there is no problem but he has a sign that is in violation of the ordinance but has had it approved by the Zoning Board of Appeals. Mr. Wrightman questioned if any additional amount of sign would be necessary if the other activities are added to the building. Mr. Sullivan stated, no, when they went through the Zoning Board of Appeals the sign for the agency was included. Mr. Wrightman questioned how many people would be employed by the screening office and how many people would be there for screening. 8815 Dr. Sullivan stated the Mr. Olson who owns the screening agency and an office manager comprise the staff. Mr. Tent added that the screening is on an appointment basis and will be one person at a time; this was brought out at the last meeting. He stated he felt there would be no conflict regarding people. There was no one else present wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 70-2-2-3 by Robert E. Densmore requesting to be granted a waiver use permit to use present buildings on property located on the west side of Stark Road between Schoolcraft and the C & 0 Rail- way in Section 28 as a shop to straighten and align automobile and truck frames. Mr. Tent stated there were letters in the file from the Engineering Division indicating there are no engineering problems and from Industrial Development regarding the close proximity of the new industrial road and the effect of any outside storage of damaged vehicles, and an existing structure. Mr. Robert E. Densmore, petitioner, was present and stated that he is the owner of the property and that he has a considerable investment in it and is proud of it. He said it is now used as a sheet metal operation and would be leased but he would not degrade his property by putting something undesirable on it. He added that the entire area has a privacy fence. Mr. Tent questioned the petitioner about the type of operation proposed and outside storage of cars. Mr. Anthony Nalbandian, 24680 Telegraph, Southfield, Michigan, familiarized the Commission with this operation stating that it is a very limited facet of the automobile repair industry and the need for storage is insignificant because they will strictly align frames and wheels with maximum of five men on the machines and the cars will be returned as soon as completed. Mr. Tent questioned if the existing house will be continued. Mr. Densmore stated, yes, he has put $15,000 to $20,000 into that building and would not tear it down; it would be used in this new operation. Mr. LaBo stated the business itself is not an unwanted business but with whether or not this business will develop into an unsightly type ofthing the appearance of cars which have been in an accident would cause. He said he would be very interested in seeing this go to a study session and having the petitioner come in with detailed site and landscape plans. there is any{ Mr. Nalbandian stated that if storage of wrecked automobiles it would be in the back of the building. ii, Mr. LaBo stated that if Mr. Nalbandian has $90,000 invested the Commission does not want to have to give him trouble so he would like to see a complete plan of his proposal. 8816 Wri htman questioned if he could estimate the length of the lease of this Mr g building. 4 Mr. Densmore stated it will be a long-term lease, at least ten years. Mr. Moser asked if there is such an installation existing now. Mr. Nalbandian stated there is no installation of this type in the area but there are frame shops. He said this is a relatively new machine and the closest machine to this is in Lansing. An interested citizen stated that he is familiar with this operation and concurs in it. Mrs. Rafferty made the statement that the transfer of cars car in ncee company is very swift because she had a frame damaged andtoe charged for the repair of the car until it is picked up and delivered. There was no one else wishing to be heard regarding this item. ,' Mr. Tent stated the item would be taken under advisement. i s Petition 70-2-1-3 Mr. Wrightmby announcedteenthe nextitem Joseph Fernandeze agenda irequesting to rezone by Stephen C. Cooper property located on the south side of Six Mile Road, west of Inkster Road in the Northeast 1/4 of Section 13, from C-1 to C-2. Mr. Tent advised that the letters in netd eifilehindis cated dothere are no engineering problems or utility problems conn n. Mr. Thomas Maguran, 36525 Plymouth Road, representing Joseph Fernandez, was that present and stated he was employed at Darin Construction Company, Mr. Fernandez is the owner oftKire buil whding nd that Joe rma ttOut most of the interest in the � elineHe Health Clubich is leasing the entire building. Mr. Maguran stated he is ipresently building new adance restaurantstudio and the rear of the existing building andplanning onputting in cocktail lounge for members only. Mr. Tent questioned what Mr. Naguran's plans are for beautifying the area and the building itself. Maumee, Ohio, stated that they have purchased Mr. Kaline's Mr. F. William King, �aumee� interest in this place because has sodinterests possiblyxa flowerand sgardenmoving in�the there. He said they plan to install area along Six Mile Road directly in front. Mr. Tent questioned if he would like help in his plans. Mr. King stated he would like that very much and that in the past he a has spent e as much as $1800 on the front and made from thethat standpoint of appnimportant. He stated provisions for parking are verbal commitments. 8817 Mr. Kenneth Nusley, 27476 Whitcomb, Livonia, Michigan, was present and stated 1110 he is the owner of Lot 142 and that he was not aware until this evening that a liquor license is involved in this rezoning. He stated he and his neighbors are concerned and to what this may turn into, perhaps a night club, when it was originally supposed to be used for a dance studio. He asked what the requirements are concerning the division of residential and commercial property, and stated there was an easement when he built there, 10' on either side. Mr. Hull stated there is no rear yard setback in a commercial zone. Mr. Maguran stated the easement has been vacated. Mr. Tent stated that in instances where we have fences, etc. the Planning Commission's instructions are very explicit but a property owner can go to the Zoning Board of Appeals and receive a variance such as the elimination of a wall. fence, etc. , so any waiver of Ordinance requirements would have to have been done by that Board. Mr. King stated they have to be in business for two years before it can become strictly a club license and their ultimate plans are to change to a club license as soon as possible. He said a club license is open to the public but they will not publicize this, they are trying to restrict it to club members and their -guests, and have the type of club they will be proud of. Mr. Nusley stated no one would want to buy a house with a club with a liquor license behind it. try Mr. Maguran stated that under these arrangements this becomes a club license very similar to what a fraternal order may apply for and only a dues-paying member is allowed to purchase liquor within the establishment but he may bring in guests. Mr. Agostino Longo, 27496 Whitcomb, Livonia, asked what would happen if they decide to sell within a few years. Mr. Tent stated that he cannot sell this establishment with the license to another concern for that type of business. Mr. Maguran stated that Mr. Fernandez is the owner of the building; these people will lease it for ten years and this club will be mostly contractors, lawyers, doctors - professional men, and will cause no trouble at all. Mr. Hull advised that this petition is for a change of zoning only, from C-1 to C-2 so they can eventually get a liquor license but this petition does not automatically give it to them; there are two remaining steps. One, they must get their license and then come back to the Planning Commission and City Council for a waiver use. A waiver use can be conditioned against certain things that can be objectionable. Mr. Hull stated that he is a long way from being allowed to operate a night club. ti i i 8818 Mr. Tent expressed the Commission's concern that when this is finally approved it will be compatible to the area and in good taste. I Mr. Longo stated there is not very much space there for parking cars. Mr. Tent stated he has to comply with the regulations he will be required to have a certain amount of parking spaces depending on how many members he will have. If he does not have enough parking space, he will not be approved. Mrs. Dewey Moore, 36220 Hazelwood, stated she is the owner of Lot 144 and has been a resident for 30 years. She stated the people in the area have been concerned for a long time as to what type of business would go in there and they had agreed before that if it were changed to professional service they would go along with that because they would be controlling the business that went in there. She stated that from what she has seen of the health club, it has not been a success and has changed hands and now here is somebody who is going to use it as a stepping block for a liquor establishment. Mrs. Moore said there are liquor establishments near in the area and is very much against having this changed. Mrs. Elaine Nusley, 27476 Whitcomb, Livnnia, stated there is bound to be an o:': r and rats connected with this and that is something they do not need in their area because nobody will want to buy a piece of property that is next to a restaurant. 1EW Mr. Moser requested to know if the swimming pool they were planning to put in has been eliminated. Mr. King said at the moment, yes, but their ultimate plans are to put in facilities to augment the health club such as tennis courts, etc. Mr. Moser asked if the change to C-2 zoning on the parking area is necessary. Mr. Hull stated the petition could be modified so that additional parking would be on C-1 zoned land. They have the existing building but the dance studio is being built to the rear and he believed it is being built entirely on Lot 152. He stated they do meet the parking requirement. There was no one else present wishing to be heard regarding this item. Mr. Tent stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 70-2-1-4 by Norman K. Akarakcian requesting to rezone property located on the south side of Eight Mile Road, east of Middlebelt in the Northwest 1/4 of Section 1, from RUF to P.S. Mr. Tent stated there is a letter in the file from Consumrs Power Company stating they have no objection to this change and a letter from the Engineering Department indicating the petitioner should be advised regarding the drainage ditch througlthe site. Mr. Norman Akarakcian, 6423 Rockdale Court, Dearborn Heights, Michigan, petitioner, was present and stated he proposes to build an office building which he believes would be a definite improvement to the area and to the neighborhood and will provide a transition between the commercial and adjacent residential areas. 8819 Mr. Tent asked if he has any definite plans for this P.S. development and if he is planning a building now and if so does he have tenants andILO d. Mr. srakc Akarakcian stated no, but there is indication of interest by certain parties ' most of these office buildings are started on a speculative basis; they build a shell and the tenant takes over. xp nd o Mx. Tent expressed the Commission's concern regarding rezoningtlaed d at to. ifSr'ir. where there is no use for the land and it lies unused. Akarakcian had a ligitimate tenant for the building and plans for the building the Commission would be interested in hearing of it. He asked how long Mr. Akarakcian has owned the property. Mr. Akarkcian stated for about seven years. rezoni Mr. Walker asked if the Commission views this inlotprospectivehatof and tingcemetery wouldn't it bwreasonable theosamenge zonethe three so that they will Mr. Hull replied, yes. There was no one else wishing to be heard regarding this item. Mr. Tent stated the item would be taken under advisement. Mr. Wrightman announced the next item onthtezonedapis Petition tiion7 located 2-1-5 by 1160 Theodore Dunner requesting to on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4, from RUF to C-2. Power Mr. Tent stated there is a letter in the ile from andCanletter from the City stating they have no objection to this petition Engineer indicating there are no storm sewers available to the site. The Petitioner was not present nor was there anyone present representing the petitioner. Mr. Tent requested to know if Mr. Dunner had been invited to the hearing. He said the petition Mr. Hull stated he was sent a etoerezonegtheelandting.into the C-2 category in before the Commission is a petitionpetitioner, he a similar shiy s then existin the residence on thethe sitewest. and conducts some type ofated, presentlymacnehas opwhich is permitted because he is a legal of light machine shop operationpetitioner's intention to non-conforming use. Mr. Hull advised that hithe ell the material which engage in a retail operation that will p is the logic behind his request for the C-2 zoning. A W. Adams who stated he resides on Wayne Road questioned what is allowed in a C-2 zone. Mr. Hull stated that C-2 is a higher intensity of use than permitted in C-1 he said, permits the which would allow minor shops and stores. The C-2 zoning, permits full gamit of commercial activiSeethat he maysudh as epartment sell ma.chinerysonnthe retail reason for applying for C-2 is to do. market which presently he is not permitted 8820 Mr. Tent stated that inasmuch as the petitioner is not represented this evening, this item will have to be referred to a study meeting of the Commission. Mr. Walker stated that Mr. Hull has touched on the prime question -- that is that the man had gone into this type of business before the Ordinance. He stated the Commission will have to find out what his intent is and the feeling is that he should be encouraged to come into conformity of the zoning rather that continue the existence of the non-conforming status, and if he needs a zoning not compatible here he should be encouraged to relocate. There was no one else present wishing to be heard regarding this item. Mr. Tent stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 70-2-1-6 by Louis Stanford requesting to rezone property located north of Plymouth Road, west of Farmington Road in the Southeast 1/4 of Section 28, from R-6 to M-1. Mr. Tent stated there is a letter in the file from the utility stating they have no objections to this petition, and a letter from the City Engineer indicating additional right-of-way is needed in regard to this petition. Mr. Clarence Charest, Attorney representing the petitioner, was present and stated it is the desire of the petitioner to use this property for manufacturing and warehouse purposes and he proposes to build two buildings on the ten acres of land. Mr. Charest stated it is felt that this is not a desirable location for residential two-family use and it is apparent that it will not become multi-use in this City. He stated that with the manufacturing abutting, it is desirable to rezone this property for manufacturing purposes and the petitioner has a use for it. Mr. Charest showed the Commissioners a site plan proposed for the property. Mr. Wrightman stated there would be a wall required on a portion of this property. Mr. Wrightman stated there would be a wall required on a portion of this property. Mr. Tent questioned if the type of buildings have been taken into consideration. Mr. Charest stated the plans have not been drawn yet but they will of course meeting the code and the property is large enough to build additional facilities which the petitioner intends to do. Mr. Tent asked if all the precautions have been taken in regard to noise in view of the subdivision and will this be a problem. Mr. Daniel Andrew, Industrial Dvelopment Coordinator, stated that he has talked with the petitioner about the operation to be done on the property and he will have to meet the ordinance relative to decibles. Mr. Joseph Vanzo, 12066 Boston Post Road, questioned the width of a road shown on the sketch as being 40 feet and asked if this is a minimum requirement. 8821 Mr. Andrew stated it is a private road and it can be any width they want it 1001 to be; it is still a private road where it crosses the C-2. Mr. Vanzo raised the question as to whether or not this land would be landlocked. Mr. Andrew stated the petitioner owns not only the R-6 but the C-2 frontage also. Mr. Vanzo requested to know what was meant when Mr. Charest said the operation proposed is to assemble recreational vehicles; does that constitute trailers, etc. Mr. Charest stated campers and related vehicles, which is not a heavy type manufacturing; they would have to have M-2 for that. Mr. Vanzo stated that due to the surrounding zoning, the ingress and egress, that the petitioner realizes the wall will have to be built and that it is not proper to build two-family homes, he would like to say that he has no objection. Mr. Richard Householder, 33921 Beacon, stated that according to Mr. Andrew there does have tobS wall in this particular area and asked if the residents will have to put ui a fence or will the petitioner carry the retaining wall through; there is about 200' involved. Mr. Charest stated he could answer the question. Mr. Andrew stated it would seem logical that if this is to be used for assembly of recreational vehicles, it would be necessary to have fencing for security purposes. Mr. Charest stated that Mr. Stanford is not here but as to his proposed use the plan shows that this is for fenced vehicles for unit storage on the back property. He said he anticipates that there would be some type of fence but in all fairness he doubted that it would be masonry or brick. Mr. Householder stated that even a cyclone fence would be satisfactory. Mr. Charest stated he would like to assure Mr. Householder that they are agreeable to working out something agreeable. There was no one else present wishing to be heard regarding this item. Mr. Tent stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 70-2-6-2 by the City Planning Commission on its own motion to amend Article XVIII of Ordinance No. 543, the Zoning Ordinance by adding Section 18.57, Control of Development in the Vicinity of the Six Mile Road and Newburgh Road Intersection. 8822 Mr. Tent stated that this petition parallels what we have e inthe Wonderland d shopping area and the Livonia Mall shopping area andpetition before the Planning Commission through the Council. He stated this hearing is for the purpose of adding this restriction to this area. Mr. Hull advised that the area covered by this ordinance would be the square mile surrounding the intersection of Six M leRoad addand Newburgh; thatois,othe quarter sections on the northwest endnortheast the southwest and southeast, and that jurisdiction would cover all develop- ment excluding single family residential. There was no one else present wishing to be heard regarding this petition. Mr. Tent declared the time would be taken under advisement. Mr. Wrightman announced the next item on the agenda is the preliminary plat approval for Nottingham Wcods West Subdivision, proposed to be locatedin the Northeast 1/4 of Section 8. Mr. William Ponder, Attorney, was present representing the developer and stated they are seeking approval of Nottingham Woods West which is an extension of the development as it proceeds north up to Curtis and they have included this area in it. Mr. Hull stated that this is a development that is related to the existing development in the area. The deve"_cement is composed of large lots and with these large lots many of the trees in the area will be preserved. 110: Mr. Wrightman stated he understands there is going to be another preliminary plat in the future called Nottingham Woods West Subdivision #2. Mr. Walker stated he is pleased with the way this has worked out and it has been fortunate working with a gentlemen like Mr. Menuck. He aaid now the City is able to obtain good development on the land to the north wh'_ch had appeared to be land set aside with nothing to tie into. Mr. Charles Adams, 18675 Wayne questioned that therewillaare biglocated and the drainage plans. He expressed the drainage problem in this area. Mr. Ponder invited Mr. Adams to take a closer look at the plan for the sub- division which he did. Mr. Hull stated he is taking the drainage to the south and to the east and that the final engineering drawings will take this into consideration. Mr. Menuck stated he believed it would be desirable to preserve as many of the trees as possible and so they want to keep the present grade if possible. He said Mr. Strasser will advise him regarding the drainage. Mr. Tent stated he will request the Planning Department to send a letter to Engineering to check out this problem. } Mr. Adams questioned what the plans for Van Road are. 8823 Mr. Adams questioned what the plans for Van Road are. Mr. Hull stated he doesn't believe the City has any plans to force public dedication of the road; he thinks it might happen sometime in the future but only when the people of the area petition for it. He stated the City has taken no actinn tO convert it to a public road. Mr. McDonald, a resident, stated that in the spring Van Road is almost impassable and that it will not take the traffic, and that there is already a problem with fast-travelling cars on Wayne Road. Mr. Menuck said they could block it off so traffic could not use it. Mr. McDonald stated that would suit him fine. There was no one else present wishing to be heard regarding this item. Mr. Tent stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 70-2-2-5 by William B. Mills requesting to be granted a waiver use permit for a fire repair contractor's operation to be located on property on the south side of Schoolcraft between Stark and Levan Roads in Section 28. Mr. Tent stated there is a letter in the file from the City Engineer advising there is not adequate storm sewer outlets for this area and a letter from the Industrial Coordinator indicating there will be no outside storage and that the use will not be obnoxious to the Master Plan of the City. Mr. Philip Barth, Mooney Real Estate Company, Detroit, Michigan, was present and stated that these people have been operating under this name since 1939 and are presently located on Schaeffer near Puritan and they have no outside storage. He stated that in the fire repair business they work for the insurance companies and they have very little walk-in trade; it is mostly office business and that salesmen are in and out. Mr. Barth stated they operate ten trucks and five autos and half the trucks which are half-ton panels, are taken home by employees. Mr. Walker questioned what they would do with damaged articles that were removed from a job. Mr. Mills stated the debris is taken to the City dump. He said there may be a small amount of refurbishing done on their site. There was no one else present wishing to be heard regarding this petition. Mr. Tent stated the item will be taken under advisement. On a motion duly made by Charles Walker, seconded by Mr. Tunis, and unanimously adopted, it was 1 8824 #3-19-70 RESOLVED that, the City Planning Commission does hereby adjourn the public hearing held on Tuesday, March 17, 1970, at approx- imately 10:30 p.m. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. ******************* Mr. Tent, Chairman, called the 215th Regular Meeting to order at approximately 10:55 p.m. with approximately 25 interested persons in the audience. Mr. Wrightman, Secretary, announced the first item on the agenda is Petition 70-2-2-4 by Green, Ettenheimer, Farber, Binkow and Shell Oil Company requesting to be granted a waiver use permit to allow property located on'the northwest corner of Joy Road and Hix Road in Section 31 to be used for a service station. On a motion duly made by Joel LaBo, seconded by Marvin Moser, and unanimously adopted, it was: #3-20-70 RESOLVED that, pursuant to a public hearing having been held on Tuesday, March 17, 1970 on Petition 70-2-2-4 as submitted by Green, Ettenheimer, Farber, Binkow and Shell Oil Company requesting to be granted a waiver use permit to allow property located on the northwest corner of Joy Road and Hix Road in Section 31 to be used for a service station, the City Planning Commission does hereby recommend to the City Council that Petition 70-2-2-4 be denied for the following reasons: (1) The proposed use would not be in harmony and appropriate with the orderly development of the surrounding area. (2) The location and size of the proposed use, the nature and intensity of the principal use and accessory uses, the site layout and its relationship to streets giving access, shall be such that the traffic to and from the use and assembly of persons in conjunction with the use, will be hazardous and inconvenient to the area and will unduly conflict with the normal traffic of the area. (3) The problem of future traffic at the intersection of Hix and Joy Road will become extremely hazardous and a use of this type will only compound the anticipated problem. There are numerous service stations within close proximity that can adequately service the needs of the people of our City. (4) As of May, 1969, there were 84 operating gas stations, 5 vacant and 8 converted to other uses, indicating that there is high incidence of closed and converted stations. Closed and con- verted stations usually cause problems for the City because they cannot be readily converted to other uses because of their location, architecture and amenities. Closed stations cause police problems and a conversion of gas stations in our City has always resulted in other types of marginal operations which have not been creditable to the overall well beingof the City. 8825 (6) This is a variation of the original development proposal that was used as a vehicle to achieve the zoning change. a The original concept brought before the Planning Commission, City Council and people of the area did not envision a service station in this location. (7) Hix Road at the present time is in such bad condition that it will not withstand the generation of a large amount of additional traffic caused by the development of a gas station at this location. The City has no plans for the improvement of Hix Road in the near future. FURTHER RESOLVED, that 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 adopted. Mr. Wrightman announced the next item on the agenda is Petition #70-1-2-1 by John R. Wilder and Dr. Richard Sullivan on behalf of Myron J. Olson requesting to be granted a waiver use permit to use lower two offices of existing building on property located on the northeast corner of Farmington Road and Curtis in Section 10 for professional testing and screening of employment abilities and for a life insurance company. On a motion duly made by Mr. Walker, seconded by Mr. Wrightman, and unanimously adopted 1101 . , ,it was , #3-21-70 RESOLVED that, pursuant to a public hearing having been held on March 17, 1970 on Petition 70-1-2-1 as submitted by John R. Wilder and Dr. Richard Sullivan on behalf of Myron J. Olson requesting to be granted a waiver use permit to use lower two offices of existing building on property located on the north- east corner of Farmington Road and Curtis in Section 10 for professional testing and screening of employment abilities and for a life insurance company, the City Planning Commission does hereby recommend to the City Council thgt Petition 70-1-2-1 be approved for the following reasons: (1) It is a logical adjunct to the other existing uses within the building. (2) This type of use is completely compatible to the surrounding area and will not change the nature of the existing facility in any way. 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. MrTentChairmandeclared the motion carried and the foregoing resolution adopted. 8826 Mr. Wrightman announced the next item on the agenda is Petition 70-2-2-3 by Robert E. Densmore requesting to be granted a waiver use permit to use present buildings on property located on the west side of Stark Road between Schoolcraft and the C & 0 Railway in Section 28 as a shop to straighten and align automobile and truck frames. Mr. Tent stated this item will be taken under advisement and discussed in detail with the petitioner. Mr. Wrightman announced the next item on the agenda is Petition 70-2-1-3 by Stephen C. Cooper for Joseph Fernandez requesting to rezone property located on the south side of Six Mile Road, west of Inkster Road in the Northeast 1/4 of Section 13, from C-1 to C-2. On a motion duly made by Mr. Walker and seconded by Mr. Wrightman, it was RESOLVED that, pursuant to a public hearing having been held on March 17, 1970 on Petition 70-2-1-3 as submitted by Stephen C. Cooper for Joseph Fernandez requesting to rezone property located on the south side of Six Mile Road, west of Inkster Road in the Northeast 1/4 of Section 13, from C-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 70-2-1-3 be approved. Mr. Moser expressed a concern as to whether the back portion of the property which is to be used for parking should be changed to the C-2 category. Mr. Walker questioned if the petitioner will be able to accomplish what he wants to do without changing that portion to C-2. Mr. Hull stated, yes. Mr. Moser stated that he thinks the petition should be amended to include Lot 152 only. Mr. Walker stated if the petitioner can accomplish what he wants, then he will modify his motion to that effect. Mr. Tent questioned if the petitioner has agreed with the suggestion of the Commission regarding the landscaping. Mr. Hull stated it is his understanding that he does agree to it. Mr. King stated. they agree. On a motion duly made by Mr. Walker, seconded by Mr. Wrightman, and unanimously adopted, it was #3-22-70 RESOLVED that, pursuant to a public hearing having been held on March 17, 1970 on Petition 70-2-1-3 as submitted by Stephen C. Cooper for Joseph Fernandez requesting to rezone property located on the south side of Six Mile Road, west of Inkster Road in the Northeast 1/4 of Section 13, from C-1 to C-2. 8827 the City Planiing Commission does hereby recommend to the City Council that Petition 70-2-1-3 be approved as amended, to rezone Lot 152 only, for the following reasons: tif (1) It is a logical extension of the existing zoning pattern of the area. (2) This change in zoning should not adversely effect the development within this sector of the City. (3) The land covered by this petition is already developed and a change in zoning will not cause any ordinance violations. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of February 25, 1970 and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company and City Departments and Petitioner 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 70-2-1-4 by Norman K. Akarakcian requesting to rezone property located on the south side of Eight Mile Road, east of Middlebelt in the Northwest 1/4 of Section 1, from RUF to PS. Mr. Tent stated this item will be taken under advisement for further study. Mr. Wrightman announced the next item on the agenda is Petition 70-2-1-5 by Theodore Dunner requesting to rezone property located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4, from RUF to C-2. Mr. Tent stated that the petitioner was not present at the hearing so the Commission will take the item under advisement in order to meet with the petitioner for details regarding the petition. Mr. Wrightman announced the next item on the agenda is Petition 70-2-1-6 by Louis Stanford requesting to rezone property located north of Plymouth Road, west of Farmington Road in the Southeast 1/4 of Section 28, from R-6 to M-1. On a motion duly made by Mr. Walker, seconded by Mr. Moser, and unanimously adopted, it was #3-23-70 RESOLVED that, pursuant to a public hearing having been held on March 17, 1970 on Petitton 70-2-1-6 as submitted by Louis tio Stanford requesting to rezone property located north of Plymouth Road, west of Farmington Road in the Southeast 1/4 of Section 28, from R-6 to M-1, the City Planning Commission does hereby recommend to the City Council that Petition 70-2-1-6 be approved for the following reasons: 8828 (1) The rezoning of this land is consistent with the creation of development in the industrial belt between Plymouth and Schoolcraft Roads. (2) The rezoning of this land is consistent with the 41000 Master Plan of the City. (3) This land does not have desirable characteristics for residential use and is ideal for industrial use because of its location within the industrial belt and especially because of its proximity to the rail- road. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of February 25, 1970 and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company, Consumers Power Company and City Departments and Petitioner 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 70-2-6-2 by the City Planning Commission on its own motion to amend Article XVIII of Ordinance No. 543, the Zoning Ordinance, by adding Section 18.57, Control of Development in the Vicinity of the Six Mile Road and Newburgh Road intersection. On a motion duly made by Mr. Tunis, seconded by Mr. Heusted, and unanimously adopted, it was #3-24-70 RESOLVED that, pursuant to a public hearing having been held on March 17, 1970 on Petition 70-2-6-2 as submitted by the City Planning Commission on its own motion to amend Article XVIII of Ordinance No. 543, the Zoning Ordinance, by adding Section 18.57, Control of Development in the Vicinity of the Six Mile Road and Newburgh Road Intersection, the City Plan- ning Commission does hereby recommend to the City Council that Petition 70-2-6-2 be approved for the following reasons: (1) This is a necessary tool to regulate the orderly growth and development of this sector of the City and help it to reach its maximum potential, and to keep all develop- ment taking place in this area compatible to the adjacent area. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of February 25, 1970 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company, City Departments and Petitoner as listed in the Proof of Service. 8829 Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is the preliminary plat approval for Nottingham Woods West Subdivision, proposed to be located in the Northeast 1/4 of Section 8. On a motion duly made by Mr. Wrightman, seconded by Mr. Tunis, and unanimously ddopted, it was #3-26-70 RESOLVED that, pursuant to a public hearing having been held on March 17, 1970, the City Planning Commission does hereby recommend to the City Council that the prelithinary plat for Nottingham Woods West Subdivision be approved for the follow- ing reason: (1) It is of sufficient design calibre to justify our approval. FURTHRR RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice have been sent to the Building Depart- ment, Superintendent of Schools, Fire Department, Police Department and Parks and Recreation Department. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 70-2-2-5 by William B. Mills requesting to be granted a waiver use permit for a fire repair contractor's operation to be located on property on the south side of Schoolcraft between Stark and Levan Roads in Section 28. Mr. Tent questioned if the conditions of approval have been reviewed with the petitioner. Mr. Hull stated, no. Mr. Tent read the conditions of approval and the petitioner agreed to them. On a motion duly made by Mr. Huested, seconded by Mr. Moser, and unanimously adopted, it was #3-25-70 RESOLVED that, pursuant to a public hearing having been held on March 17, 1970 on Petition 70-2-2-5 as submitted by William B. Mills requesting to be granted a waiver use permit for a fire repair contractor's operation to be located on property on the south side of Schoolcraft between Stark and Levan Roads in Section 28, the City Planning Commission does hereby recommend to the City Council that Petition 70-2-2-5 be approved with the 1[00 following conditions: 8830 (1) That detailed architectural elevations be sub:itted '� to the Commission for approval within one year after issuance of the waiver use permit. (2) That a complete landscaping plan and site development plan be submitted to the Commission for approval within one year prior to the issuance of a building permit. (3) That the landscaping and decorative treatment of the site be installed according to the approved plan within one year after the issuance of a building permit. for the following reasons: (1) It is a use that is consistent with the development of our industrial belt. (2) The intended use will not adversely effect adjacent development. FURTHER RESOLVED, that 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 declared the motion carried and the foregoing resolution adopted. j Mr. Wrightman announced the next item on the agenda is Petition 70-2-5-1 by Jack B. Anglin requesting to remove a stockpile of top- soil from property located on the northeast corner of Six Mile and Newburgh Roads in the Southwest 1/4 of Section 8. On a motion duly made by Mr. LaBo, seconded by Mr. Wrightman, and unanimously adopted, it was #3-27-70 RESOLVED that, in conformance with Section 18.13D of Ordinance No. 543, the Zoning Ordinance, the City Planning Commission does hereby grant Petition 70-2-5-1 by Jack B. Anglin request- ing to remove a stockpile of topsoil from property located fI on the northeast corner of Six Mile and Newburgh Roads in the Southwest 1/4 of Section 8, subject to compliance with regula- tions of the Engineering Division and Police Department, for a period of six months for the following reasons: (1) It is necessary to grant this petition so that the topsoil stockpiled on this site can be removed. FURTHER RESOLVED, that the applicant shall have deposited with the City Clerk a corporate surety bond in an amount not less than $20,000 and a cash bond in an amount not less 1160 than $2,000; such bonds shall be for an indefinite period until released and discharged by resolution of the City Planning Commission; and further that the applicant shall apply for and obtain the permit herein authorized within thirty (30) days from the date of this letter. 8831 Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is a letter dated February 10, 1970 from Willard E. Lockwood requesting an extension of waiver use Petition #66-4-2-9 to operate a fruit market on the west half of lot 446 and all of lot #7 of Horton's Newburgh Subdivision located in the northeast 1/4 of Section 31. Mr. Tent asked Mr. Lockwood if he had received a letter from the Planning Director relative to cleaning up and improving his site. 4r. Lockwood stated, yes, and that the debris has been removed and the site cleaned up. On a motion duly made by Mr. Moser, seconded by Mr. Wrightman, and unanimously adopted, it was #3-28-70 RESOLVED that, pursuant to a request dated February 10, 1970 from Willard E. Lockwood requesting an extension of his waiver use Petition #66-4-2-9) approval to operate a fruit market on the west 1/2 of lot #6 and all of lot #7 of Horton's Newburgh Subdivision situated on the north side of Ann Arbor Trail between Newburgh Road and Horton Avenue in Section 31, the City Planning Commission does hereby determine to grant an extension for a period of one year, such approval to expire on June 20, 1971, for the following reason: (1) It is a logical intermin use for the property prior to the time it reaches its maximum commercial potential. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 70-3-8-2 requesting Planning Commission approval of all plans required by Ordinance #784, amendment of Zoning Ordinance 44543 in connection with construction of an office building for the Livonia National Bank proposed to be located on the northeast corner of Five Mile and Farmington Road in the Southwest 1/4 of Section 15. Mr. LaBo stated that it has been agreed to with Mr. Barron that the existing station would be eliminated and the Commission has Mr. Barron's assurance that they will vacate the premises and tear it down and build what is shown on the plan. Mr. Tent stated that regarding the matter of a waiver use approval, it can be conditioned. On a motion duly made by Mr. Tunis, seconded by Mr. Wrightman, and unanimously adopted, it was I 8832 #3-30-70 RESOLVED that, the City Planning Commission, pursuant to request dated January 2, 1970 from Ray J. Smith, Jr. , and pursuant to Section 18.47, as amended, of Ordinance #543, the Zoning Ordinance of the City of Livonia, does hereby recommend to the City Council that Petition 70-3-8-2 requesting site plan approval of a proposed office building for the Livonia National Bank to be located on the northeast corner of Five dile and Farmington Road in the Southwest 1/4 of Section 15, be approved with the following conditions: (1) That the site plan prepared by Sacharski & Associates dated March 17, 1970 be adhered to. (2) That the architectural plan dated March 17, 1970 pre- pared by Sacharski & Associates be adhered to. (3) That similar brick be used as is presently being used on the drive-in facility. (4) That the service station will ultimately be eliminated to accommodate expansion of this facility. (5) That a detailed landscape plan for the site be submitted for Planning Commission approval within six months. (6) That landscape material and decorative treatment be installed 1[; as called for on the approved plan within one year after the building permit has been issued. for the following reason: (1) It is of sufficient calibre to justify our approval and will be an asset to this sector of the City. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Wrightman, seconded by Mr. Tunis, and unanimously adopted, it was #3-29-70 RESOLVED that, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, and pursuant to Council Resolution #138-70, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone a portion of Parcel 17F2 located east of Newburgh Road, south of Six Mile Road, in Section 17, and legally described as being: That part of the N. W. 1/4 of Section 17, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as beginning at a point on the north line of Section 17, said point being S. 89° 35' 20" E, 133.0 feet from the northwest corner of said Section 17; proceeding thence S. 89° 35' 20" E, along the north line of said Section 17, 679.05 feet; thence S. 0° 06' 15" W, 254.42 feet; thence S. 89° 22' 20" E, 80.0 feet; thence S. 0° 06' 15" W, 410.0 feet; thence N. 89° 22' 20" W, 890.09 feet to a point on the West line of said Section 17; thence N. 0° 04' { 8833 00" W. along the West line of said Section 17, 386.37 feet; thence tS. 89° 35' 20" E, 133.0 feet; thence N. 0° 04' 00" W, 275.0 feet to the north line of Section 17 and the point of beginning. i from R-3-B and C-2 to C-1. FURTHER RESOLVED that, a hearing be held 'and notice be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that there shall be a report submitted and recommendation thereon to the City Council. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is a request for permission to split the Subdivision presently known as Country Homes Estates Subdivision #4 into two parts and to rename it to Nottingham Woods West #2. On a motion duly made by Mr. Walker, seconded by Mr. Heusted, and unanimously adopted, it was #3-32-70 RESOLVED that, pursuant to request dated March 13, 1970 from McNeely, Lincoln & Schrader, Inc. , the City Planning Commission does hereby recommend to the City Council that the plat here- to-fore known as Country Homes Estates Subdivision #4 be split ILinto two separate and distinct subdivisions with lots #437 through #460 being one separate and distinct subdivision to be known as Nottingham Woods West #1 and shall include all the private park lands within the previous plat and that park lands shall be developed in accordance with the development commitment set forth in letter dated January 12, 1966 from Irvin Hermanoff, Secretary, Harry Slatkin Builders, Inc. AND that, lots #461 through #493 be considered a separate and distinct subdivision to be known as Nottingham Woods West #2, AND that, the City Planning Commission hereby sanctions all minor modifications in these preliminary plats. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Wrightman, seconded by Mr. Tunis, and unanimously adopted, it was #3-31-70 RESOLVED that, the minutes of the meeting held by the Planning Commission on January 20, 1970 are hereby approved. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Wrightman, seconded by Mr. Tunis, and unanimously adopted, the City Planning Commission adjourned its 215th Regular Meeting held on March 17, 1970 at approximately 11:20 p.m. 11° ATTE CITY PLANNING IMISS IN Ra mo W. Ten `�" mow ' ''.7 {/ Y G� Cha rman Har�htman r'Y g Secretary