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HomeMy WebLinkAboutPLANNING MINUTES 1972-03-07 4936 • MINUTES OF TIE 239th REGULAR tre MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, March 7, 1972, the City Planning Commission of the City of Livonia, held its 239th Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Public Hearing to order at 8:10 p.m. with approximately 50 interested persons in the audience. Members present: Daniel R. Andrew H. Dow Tunis Joseph J. Falk Herman Kluver Francis M. Hand David Merrion Members absent: Charles Pinto - Company Business, New York Joseph Talbot - Out of Town, Company Business Suzanne Taylor - Illness Messrs. John J. Nagy, Planning Director; Ralph H. Bakewell, Planner IV; H. G. Shane, Planner IV; Robert M. Feinberg, Assistant City Attorney; John Dufour, Superintendent Parks & Recreation, were also present. Mr. Kluver, Secretary announced the first item on the agenda, Petition 72-1-1-3 Irt; by McClow Realty Company, for Southland Corporation, requesting to rezone property located on the west side of Merriman Road, north of Schoolcraft Road in the Southeast 1/4 of Section 22, from P.L. to C-1. Mr. Hines, representative from McClow Realty Company, was present and advised the Commission that the building would encompass 1800 net feet. The hours of operation would be 7 A.M. to 11 P.M. seven days a week. It would be owned and operated by a franchise manager and owner. Site plan requires no fence for side or rear. Front yard is for parking area. Mr. Hand stated that to the west was P.S. and to the east residences, would it be their intent to fence. Mr. Hines stated that if it were a condition or factor that they would fence. Mr. Andrew stated it was not a requirement by ordinance. Mr. Andrew asked if their Southland Market Study indicated that this area would support such a store? Mr. Hines stated that there were 40 stores throughout Wayne County and none of them have closed. The studies prove that this site is excellent for such a store. Mr. Andrew asked whether they would seek a SDD license? 1 . 4937 Mr. Hines stated they would. Mr. Tunis asked about the store across the street. Mr. Hines stated he had not personally inspected the area and, therefore, did not know the store referred to. Mr. Tunis advised Mr. Hines that the same type of store existed right across the street. Mr. Hines stated he was sorry he meant beer and wine not liquor. license. Mr. Tunis stated that they were just eliminating liquor but not the beer and wine or quick pick up type of service. Mr. Andrew stated that Mr. Hines was a real estate man and he may not know what is around him. Mr. Falk asked how many failures of 7-Eleven in this area? Mr. HInes stated that there were none. The franchise owner is guaranteed twenty thousand dollars a year. Mr. Tunis asked whether that was gross or net. Mr. HInes stated it was gross. I Mr. Falk asked whether there were any 7-Eleven owners that had backed out. Mr. Hines stated there may have been a store that did not show the potential and the contract was dissolved. Mr. Kluver asked what were the peak hours. Mr. Hines stated there was no norm you can talk about. It's based entirely on location. His guess would be the latter part of day or night. Mr. Tunis stated that 3-6 is the peak hour for this type of establishment and the traffic situation on that corner is very bad, particularly at that time. Mr. Malcolm from Hose Realty Development Estate Corporation was present and made reference to a letter in the file from the Engineering Department regarding sewer and sanitary sewers. Mr. Malcolm stated that their company would not give up any easement across their property. Mr. Feinberg stated that building conflicts were the petitioner's worry as they are private matters . Mr. Bibbe, 31331 Kendall was present and stated that he was in favor of the rezoning. 1LWThere was no one else present wishing to be heard and the Chairman declared the public hearing closed. 4938 On a motion duly made by Mr. Kluver, seconded by Mr. Tunis and adopted it was #3-73-72 RESOLVED that, pursuant to a Public Hearing having been held on March 7, 1972 on Petition 72-1-1-3 as submitted by McClow Realty Company, for Southland Corporation, requesting to rezone property located on the west side of Merriman Road, north of Schoolcraft Road in the Southeast 1/4 of Section 22, from P.L. to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 72-1-1-3 be denied for the following reasons: (1) The permitted uses of the C-1 Zoning District would be incompatible to the surrounding uses of the area. (2) The proposed zoning change would discourage the orderly and appropriate development of the surrounding area. (3) There already is an excessive amount of unused commercial uses. (4) The Planning Commission believes that the most appropriate land use would be professional service development. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of February 16, 1972 and a notice of such hearing lb: was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. A roll call vote resulted in the following: AYES: Falk, Merrion, Tunis, Hand, Kluver NAYS: Andrew ABSENT: Pinto, Talbot, Taylor On a motion duly made by Mr. Kluver seconded by Mr. Tunis and adopted, it was #3-74-72 RESOLVED that, the City Planning Commission, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to rezone property located on the west side of Merriman Road, north of Schoolcraft Road in the Southeast 1/4 of Section 22, from P.L. to P.S. FURTHER RESOLVED that, a hearing be held and notice be give 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. A roll call vote resulted in the following: AYES: Merrion, Falk, Hand, Tunis, Kluver NAYS: Andrew ABSENT: Pinto, Taylor, Talbot 4939 Mr. Andrew stated his nay vote was based on the fact that he felt if the area is to be professional it should be enlarged for PS zoning purposes. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, Petition 72-1-1-4 by American Oil Company requesting to rezone property located on the southwest corner of Inkster Road and Schoolcraft Road in the Northeast 1/4 of Section 25, from M-1 to C-2. Raymond Dietrich, Statewide Court Reporting was present and taking minutes on this petition. A letter on file from the Buckingham Plaza Shopping Center was read and stated no objection. Mr. Silverman, the owner of the shopping center also submitted a letter and it indicated there was no objection to a gas station. Mr. Andrew asked Mr. Nagy if the gas station complies with Farmer Jack setback or will they be in violation of zoning ordinance? Mr. Nagy stated he could not answer that because there were no site plans submitted. A letter from the Engineering Division was read. Mr. Walter Mason, Attorney representing American Oil was present. Mr. Andrew asked Mr. Mason if he was aware of the letter from Mr. Silverman. Mr. Mason stated he was because they had solicited it. Mr. Andrew asked Mr. Mason if he had any answers to the Commission's questions. Mr. Mason stated that he did not but was sure that will be worked out. Mr. Andrew stated that Mr. Siverman may withdraw their approval if these conditions were not met. Mr. Mason stated he could not anwer, that may or may not happen. Mr. Andrew asked Mr. Feinberg whether this petition should be acted upon in view of the Commission's prior resolution, relating to this land, which is now before the Council for consideration. Mr. Feinberg stated that it should be denied or tabled. Mr. Mason stated that he felt the Commission should take action either to approve or deny. liti 4940 Mr. Mason stated that the Commission has reviewed the petition and that the Commission was well aware there has been a gas station there for many years. IL: American Oil has been there for 12 years. Both appraisers clearly indicate site is good for service station purposes. It is a very busy intersection. Afterwards in addition to the service lane there will be an exit ramp. With the added speed of cars off that ramp we feel that a P.S. site would not be appropriate. American has cooperated with the City before and we feel that we will assert our rights and we feel that if the Commission takes any action other than in our favor we will take appropriate action. Mr. Hand stated that the Commission liked to think that they were infallible but unfortunately they were not. Therefore, the proper zoning might not be to P.S. at this time. Mr. Frank Bentley, Attorney representing Mr. and Mrs. Barwick, the owners of the land who are co-petitioners stated that his clients were in favor of this petition. The propaerty has been in the Barwick family for many years and they feel that this is/very inequitable thing if not rezoned for gas station use. The family has been lessors for American Oil Company for many years and feel that since station was taken by condemantion that another be put back in its place. Mr. Barwick has obtained appraisers other than those Mr. Mason is talking about and they claim the best use of this land is for service station use. The Barwicks feel that anything else this site is used for would be improper taking of this land. Mr. Andrew stated that the Commission should not have rezoned this land at all. It should just have been left at M-1. If the appraisers had their way every corner in Livonia would have a gas station. Mr. Kluver asked Mr. Nagy's opinion. Mr. Nagy stated he felt it should be changed from M-1 to P.S. The continued use of shopping center could not compete because it could not provide adequate parking. A compatible use that would offer need for less parking would be office parking. This is why the P.S. classification was decided on. There was no one else wishing to be heard and the Chairman declared the public hearing closed On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was #3-75-72 RESOLVED that, pursuant to a Public Hearing having been held on March 7, 1972 on Petition 72-1-1-4 as submitted by American Oil Company requesting to rezone property located on the south- west corner of Inkster Road and Schoolcraft Road in the North- east 1/4 of Section 25, from M-1 to C-2, the City Planning Commission does hereby determine to table this item to the study meeting of March 21, 1972 and Regular Meeting of April 4, 1972. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-1-1-8 by William Ponder, Attorney for Newburgh Land and Development Company, requesting to rezone property located on the east side of Stark Road, south of Plymouth Road in the Northeast 1/4 of Section 33, from RUF to R-7. 4941 Mr. Dufour was not present at this time and the item was delayed until his arrival. Mr. Kluver announced the next item on the agenda, Petition 72-1-21-1 by Peter J. Basile requesting a waiver of use approval to build a construction yard on property located on the north side of the Industrial Road, east of Farmington Road in the North- west 1/4 of Section 27. Mr. Peter Basile and his son were present. They stated that they have been in business since 1917,on Greenfield just south of Six Mile in that area since 1940. There have never been any complaints about their operation. They keep their place clean. Mr. Andrew asked what kind of construction. Mr. Basile stated cement and excavating. Mr. Andrew asked whether it was their intent to construct a maintenance building. Mr. Basile stated it was their intent to build a building in order to store all equipment and perishable goods. Mr. Andrew asked when they would construct their office. ILW Mr. Basile stated within a couple of years. They were financially unable to do it at this time. Mr. Andrew asked Mr.Basile whether he had talked with the Industrial Coordinator. Mr. Basile stated that he knew the gentleman. Mr. Hand asked about the nature of'the outside storagg: Mr. Basile stated mostly trucks and backhoes. Mr. Hand asked whether he would be utilizing at least 50% of that area. Mr. Basile stated they would utilize 50% of that area. Mr. Hand asked whether there would be concrete pipes . Mr. Basile stated there would be concrete pipes. Mr. Merrion asked whether they would consider a brick wall type fence to conceal some of the outside storage. Mr. Basile stated that a concrete wall would be very expensive. Mr. Andrew asked whether the site plan called for landscaping in front of the yard. Mr. Nagy stated it does. Mr. Hand asked how much equipment. Mr. Basile stated 12 to 15 units. 4942 Mr. Andrew asked whether anything would be in excess of 8 feet in height. Mr. Basile stated no, however, the dump truck is 9 1/2 ft. high. Mr. Andrew asked how high they intended to stack concrete pipe. Mr. Basile stated 3 to 4 feet. Mr. Verne Converse, Scans Associates, stated that they have been here since 1958. We engaged in a program with the City of Livonia, and dedicated land for industrial roads and are interested in placing an industrial park there. Mr. Carr, Mr. Ash and myself put up the money for the roads, streets and sewers that are already there. Since this time, I have also built another plant for one of our customers. Mr. Carr is also in the audience and he wishes that I speak for him and he is interested in continuing the original plans that we have talked about. The proposed use is not in keeping with the present zoning district there and I am personally against it. We think that the land that is there can be utilized for whatever is permitted under the zoning without loss to the landowners. I would not like to see this go in any other way than was originally planned. Stanley Mr. Hapiak,. 33035 Industrial Road (Michigan Industrial Engraving) was present and stated he was opposed to this use going in across the street from him. Mr. Carr, 18810 Novi Road, who owns property next to Scans and Livonia Lumber was present and stated that he had been here for years and had spent money and a lot of effort and it is supposed to be an AAA Industrial Park and he would like to see it go that way. Mr. Basile stated there wasn't much he could say. It is very evident that they think I am bringing in a junk yard. Mr. Andrew asked for the address of their present yard. Mr. Basile stated it was 15507 Greenfield. Mr. Merrion asked Mr. Converse whether the adding of a wall on the west side of the property that would screen their construction yard from view would decrease his objection to this use. Mr. Converse stated that he did not think that walls are the answer. I think that walls signify that we are hiding something. I do not think that walls enhance anything. I do not think walls are the answer. Mr. Hand stated that this business needs outside storage and taking this type of use and putting it between buildings is not the answer. I do tend to agree that it should be located in an area that it generally compliments and does not detract from. I think the Industrial Coordinator is anxious to dicuss this with the petitioners. (10i There was no one else wishing to be heard and the Chairman declared the public hearing closed. tor On a motion duly made by Mr. Tunis, seconded by Mr. Hand and adopted it was 4943 #3-76-72 RESOLVED that, pursuant to a public hearing having been held on March 7, 1972 on Petition 72-1-2-1 as submitted by Peter J. Basile requesting to be granted a waiver use permit to build a construction yard on property located on the north side of the Industrial Road, east of Farmington Road in the Northwest 1/4 of Section 27, the City Planning Commission does hereby recommend to the City Council that Petition 72-1-2-1 be denied for the following reasons: (1) The Industrial Development Commission is opposed to the proposed use in this location. (2) The proposed use would not be in harmony with or compatible to the surrounding uses of the area. (3) The proposed use would be detrimental to the orderly :and appropriate development of the surrounding area. 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. A roll call vote resulted in the following: AYES: Falk, Tunis, Hand, Kluver, Andrew NAY: Merrion 1:01 ABSENT: Pinto, Taylor, Talbot The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Andrew advised Mr. Basile that he must appeal to the City Council within 10 days or else petition dies. Mr. Converse asked whether he would be notified. Mr. Andrew stated yes, there would be another public hearing if the item is appealed. Mr. Kluver announced the next item on the agenda, Petition 72-1-1-8 by William Ponder, Attorney for Newburgh Land and Development Company, requesting to rezone property located on the east side of Stark Road, south of Plymouth Road in the Northeast 1/4 of Section 33, from RUF to R-7. Mr. Ponder was present representing Mr. Menuck. Mr. Ponder advised the Commission that Mr. Menuck was the developer of Nottingham Woods and is presently developing Nottingham West. He has just completed developing condominums on Ann Arbor Trail. He is seeking a change in zoning of property on east side of Stark Road that is presently zoned RUF. If they are successful in the rezoning they would develop 152 units or 12 units per acre. (Total 13 acres in question) . There is a great need for this type of development within the (10e City. Mr. Andrew clarified that these would be condominums and not rental type units. Mr. Ponder stated that they would be sold to people not rented. 4944 Mrs. Carl Cutter, 10738 Stark Road, was present and stated that if they were allowed to do this, they would be blocking off their property from behind. Slatkin at one time wanted to do this. Now the City took it for parks. We want something that will benefit us, she stated. Mr. Hand asked whether she was opposed to the petition. Mrs. Cutter stated she was. Mr. Andrew advised her that the only thing in question for park land is what is shown here on the map and does not include any of her land. Mr. Nagy stated that the Master Plan has been amended to delete that portion of land and the only park land in question is what is before us tonight for rezoning. Mr. Andrew asked in view of that information does she still object to the petition. Mrs. Cutter stated she did. Mr. Gaffney, 33806 Orangelawn (Lot #142) was in favor of that whole area in back of their lots be developed into something other than a park. The only access to the area is from Stark Road. Asked what the effect of zoning would be on that land. I Mr. Andrew stated there would be no effect. t Mr. Gaffney asked why notices were not sent to people. Mr. Andrew advised that notices were sent to people within 500 ft. as shown in Proof of Service. Mr. Gaffney stated that was not true and that he was opposed to the development going in. Mr. Darrow., 34034 Orangelawn was present and wanted to know how high the buildings would be. Mr. Menuck stated 25 feet high or two stories. Mr. Harold Cley, 33830 Orangelawn is opposed on traffic basis. Mr. Collasy, 33027 Orangelawn, opposed because of traffic situation it would cause on Orangelawn. Mr. Albert Iafrate, 27486 Five Mile wanted to know what was going to happen to narrow strip of land zoned RUF now adjacent to the C-2 area. Mr. Andrew stated he did not know what was going to happen there. Mr. Ponder stated that he thought they could work something out with the people with the long narrow lots with regard to a road. Mrs. Darrow, 34034 Orangelawn (Lot 156) objects to the multiple dwelling apartments that exist. 4945 Mrs. Hamel, 34301 Orangelawn objects to condominiums. Mr. Dufour was present and Mr. Andrew asked him what the Parks and Recreation stand was on the application to HUD for park funds. Mr. Dufour stated that the Parks and Recreation Commission put this on the Master Park Plan several years ago and nothing has been done because the original application was turned down. Subsequently they have resubmitted another application two years ago. Mr. Tatigian advised that we should hear from Federal Government by February of this year. However, we have heard nothing. He went on to say that they need that park site. Front part of Stark Road could be used for athletic field which we need badly. We need this area for the Garfield area. This is priority #2 of the eight park sites to be pur- chased. If federal funds do not come through then Commission should re-evaluate and if government does come through then it would be foolish not to buy this since federal government will pay half of the cost. Mr. Andrew stated that a cloud had been placed over the property for many years and nothing ever materializes. Mr. Dufour stated this was the last remaining piece of available large open park land south of Plymouth Road. He went on to say that his department would call the Detroit office the next morning and if funds are not available then City probably could not purchase this land with city money. Mr. Andrew asked Mr. Ponder if he were aware that this site was on the Master Park Plan. Mr. Tosarkarski, agent who negotiated the transaction with the Wellmans answered that they were unaware of a park situation. Mr. Hand asked what kind of a time period they were talking about if the Federal government grants this. Mr. Dufour stated almost immediately. He said they would give Parks a letter of approval so that they could begin negotiations with the landowner. Mr. Andrew stated it was his understanding that this park site could be deleted from the HUD application. Mr. Nagy stated it could be, but would jeopardize the federal application. Mr. Andrew asked Mr. Ponder if he had discussed improvement of Stark Road. Mr. Ponder stated that he had. Mr. Menuck stated he would widen the road as it abuts his improvement. Mr. Hand again asked Mr. Dufour when a reply was forthcoming. Mr. Dufour stated it should be here very shortly. Mr. Andrew instructed Mr. Feinberg to advise Mr. Tatigian to follow up on this for an immediate reply. There was no one else present wishing to be heard and the Chairman declared the public hearing closed. 4946 On a motion duly made by Mr. Tunis, seconded by Mr. Hand and unanimously adopted it was 10: ##3-77-72 RESOLVED that, pursuant to a public hearing having been held on March 7, 1972 on Petition 72-1-1-8 as submitted by William Ponder, Attorney for Newburgh Land and Development Company, requesting to rezone property located on the east side of Stark Road, south of Plymouth Road in the Northeast 1/4 of Section 33, from RUF to R-7, the City Planning Commission does hereby determine to table this item to the Study Meeting of March 21, 1972. The Chairman declared the motion carried and the foregoing resolution adopted. The following people requested to be present at the March 21, 1972 Study Meeting: Mr. and Mrs. Darrow Pat Gaffney 34034 Orangelawn 33806 Orangelawn Livonia 48154 Livonia 48150 Mr. and Mrs. Ed Summers Albert Iafrate 10634' Stark Rd. 27486 Five Mile Rd. Livonia 48150 Livonia 48154 Jack M. Hamel Mr. and Mrs . Carol Cutter 34210 Orangelawn 10738 Stark Rd. Livonia Phone 421-5086 The Chairman announced a brief recess at 10:15 p.m. The meeting was reconvened at approximately 10:25 p.m. with all members present as were present for the initial roll call. Mr. Kluver announced the next item on the agenda, preliminary plat approval for Bobrich Courts Subdivision proposed to be located on the west side of Louise east of Sunset Park Subdivision and north of Six Mile Road in the Southeast 1/4 of Section 11. Mr. Kingston, 17412 Stamwich was present and wanted to know if Bobrich would be extended. Mr. Andrew stated it would be and asked if there are any problems connected with the subdivision. 4947 Mr. Nagy stated that 900 feet of storm sewer needed to be installed. There was no one else present wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Tunis, seconded by Mr. Kluver and unanimously adopted it was #3-78-72 RESOLVED that, pursuant to a Public Hearing having been held on March 7, 1972, the City Planning Commission does hereby recommend to the City Council that the preliminary plat of Bobrich Courts Subdivision be approved for the following reasons: (1) It complies with all of the requirements of the R-1 Zoning District regulations. (2) It meets all of the requirements of the subdivision Rules and Regulations. (3) The proposed subdivision is well designed and provides for a logical extension of the adjacent subdivision development. FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice have been sent to the Building Department, Super- intendent of Schools, Fire Department, Police Department and Parks and Recreation Department. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, preliminary plat approval for Park View Estates Subdivision proposed to be located on the south side of Seven Mile Road between Wayne Road and Parklane Drive in the Northeast 1/4 of Section 8. Mr. Dufour requests that pedestrian walkway be provided. Mr. Ager, the developer stated that if he puts in a ten ft. walkway then it will make that lot 10 feet short or 80 ft. instead of 90 ft. and he would meet R-3 and not R-4 zoning for that lot. He asked whether that could be done.? Mr. Nagy stated that the proprietor must improve sidewalks and fence each side. Mr. Lawless, 18105 Golfivew stated he was in favor of the access as discussed. Mr. Drummond, 18505 Golfview, stated he was in favor of the crosswalk. There was no one else wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Hand, seconded by Mr. Tunis and unanimously adopted it was, 4948 #3-79-72 RESOLVED that, pursuant to a public hearing having been held on March 7, 1972, the City Planning Commission does hereby determine to table this item until the question of the pending zoning change has been acted upon by the City Council. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, preliminary plat approval for Bainbridge Courts Subdivision proposed to be located on the south side of Seven Mile Road, north of Curtis Avenue in the Northwest 1/4 of Section 11. Mr. Vargo, 30943 Seven Mile was present and wanted to know how many homes would go into this 20 acre subdivision. Also how many accesses. He also stated that there was too much traffic and he did not want his kids on half days at school. Mr. Andrew stated 46 lots and asked whether there was any communication from the school board. Mr. Nagy stated there was no communication from the school board. Mr. Mole, 18755 Sunset wanted to know what the price of the homes would be going into this subdivision. He was advised $30,000 to $35,000. 11/1. Mr. James McVicker, 19012 Bainbridge wanted to know if there was any possibility for access on Merriman Road. Mr. Andrew stated there was a possibility that Pickford would be extended to Merriman Road in the future. There was no one else wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Hand, seconded by Mr. Falk and unanimously adopted it was #3-80-72 RESOLVED that, pursuant to a Public Hearing having been held on March 7, 1972, the City Planning Commission does hereby recommend to the City Council that the preliminary plat for Bainuxidge Courts Subdivision proposed to be located on the sot ' ' side of Seven Mile Road, north of Curtis Avenue in the Noi =est 1/4 f Section 11, be approved with the following conci .tions: (1) That an identifying entrance subdivision marker shall be erected at Bainbridge and Seven Mile. The design plan of the proposed entrance marker 411! shall be submitted to the Planning Commission for its approval before the approval of the final plat. 4949 (2) Bainbridge Avenue shall be installed as a full width pavement in accordance with the engineering standards of the Engineering Division of the City of Livonia. FURTHER RESOLVED, that 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 to- gether with notice have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department and Parks and Recreation Department. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-2-2-2 by George R. Klein requesting to be granted a waiver of use approval to erect a restaurant, Uncle John's Pancake House, on property located on the south side of Grand River at the intersection and Eight Mile and Grand River, in the Northeast 1/4 of Section 1. Mr. Klein stated there was not sufficient parking area for offices on the second floor. The people adjacent could spare some parking but so far they are reluctant to do so. Mr. Andrew stated that he had not submitted an elevation plan as yet and could 4La he submit it within 30 days. Mr. Klein advised that it would cost $2,000 for an elevation plan. He would not wish to proceed with plans until he knew they could definitely build. Mr. Hand asked whether they couldn't request that the adjacent owners lease some parking to them. Mr. Klein stated he had had no luck so far but that he would pursue it. Mr. Tunis asked what kind of commitment on the parking was necessary. Mr. Nagy stated it would have to be the type that can be recorded. Mr. Falk stated that he felt Mr. Klein should pursue this with a telephone call or go directly to New York in person. There was no one else wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Hand, seconded by Mr. Tunis and unanimously adopted it was #3-81-72 RESOLVED that, pursuant to a public hearing having been held on March 7, 1972 on Petition 72-2-2-2 as submitted by George R. Klein requesting to be granted a waiver of use approval to erect a restaurant, Uncle John's Pancake House, on property located on the south side of Grand River at the Intersection of Eight Mile Road and Grand River, in the Northeast 1/4 of Section 1, the City Planning Commission does hereby recommend to the City Council that Petition 72-2-2-2 be approved for the following reasons: 4950 (1) The proposed use meets all of the special requirements of Zoning Ordinance #543 pertaining to the erection of 1LWrestaurants. with the following conditions: (I) That the Site Plan identified by plan number 7204 and dated February 9, 1972, prepared by Lindhout Associates shall be adhered to. (2) That the Landscape Plan identified by plan number LP 72-2-49 and dated March 6, 1972, prepared by Geake Associate shall be adhered to. (3) That all landscape material as shown on the Landscape Plan shall be installed before issuance of a Certificate of Occupancy. (4) That building elevation plans shall be submitted to the Planning Commission for approval within thirty (30) days from final approval by the City Council. 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-2-3-1 by the City Planning Commission on its own motion requesting to vacate that portion of Shadyside lying south of Five Mile Road, east of Farmington Road in the Northwest 1/2 of Section 22. There was no one present wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was #3-82-72 RESOLVED that, pursuant to a public hearing having been held on March 7, 1972 on Petition 72-2-3-1 as submitted by the City Planning Commission on its own motion requesting to vacate that portion of Shadyside lying south of Five Mile Road, east of Farmington Road in the Northwest 1/2 of Section 22, the City Planning Commission does hereby recommend to the City Council that Petition 72-2-3-1 be approved for the following reasons : (1) Shadyside Avenue in this location serves no practical purpose. (2) Shadyside Avenue is no longer needed in this location as all the abutting property is in public ownership and incorporated in the overall Civic Center development. (3) All utility companies and City Departments have no objection to the vacating of Shadyside Avenue in this location. 4951 FURTIiER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, f under date of February 16, 1972 and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company, Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-2-1-9 by the City Planning Commission, initiated by Council Resolution #59-72, requesting to rezone property located on the northeast corner of Levan and Schoolcraft Roads in the Southeast 1/4 of Section 20, from C-1 to P.S. On a motion duly made by Mr. Kluver seconded by Mr. Merrion and unanimously adopted, it was #3-83-72 RESOLVED that, pursuant to a public hearing having been held on March 7, 1972, the City Planning Commission does hereby determine to table this item to the study meeting of March 28, 1972, in view of the fact that the property owner nor the attorney could attend this meeting. The Chairman declared the motion carried and the foregoing resolution adopted. ivo; Mr. Kluver announced the next item on the agenda, Petition 72-2-6-5 by the City Planning Commission to amend Sections 27.05 and 27.06, R-8 District Regulations, and Sections 29.04 and 29.05, R-9 District Regulations, so as to increase the allowable densities. There is a letter on file from Mr. Kerby, Inspection Department and the Engineering Department. There was no one present wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Kluver, seconded by Mr. Merrion and unanimously adopted it was #3-84-72 RESOLVED that, pursuant to a public hearing having been held on March 7, 1972, on Petition 72-2-6-5 as submitted by the City Planning Commission on its own motion to determine whether or not to amend Sections 27.05 and 27:06, R-8 District Regulations, and Sections 29.04 and 29 .05, R-9 District Regulations, so as to increase the allowable densities, the City Planning Commission does hereby recommend to the City Council that Petition 72-2-6-5 be approved for the following reasons : (1) The proposed amendment to increase the allowable density is necessary to make R-8 and R-9 development economically feasible. (2) The proposed amendment will bring the R-8 and R-9 distric regulations in line with what surrounding communities allow by way of dwelling units per acre. 4952 • (3) The proposed Ordinance amendment will clarify and upgrade the standards for the R-8 and R-9 District Regulations. (4) The proposed Ordinance amendment will encourage more open space and lower population densities by promoting larger yard requirements, fewer bedroom units and multi-story structures. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of February 16, 1972 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. The Chairman declared the motion carried and the foregoing resolution adopted. After a short recess, the meeting was reconvened with all members present as were present for the initial roll call. Mr. Kluver announced the next item on the agenda, preliminary plat approval for Blue Grass Estates Subdivision proposed to be located on the west side of Newburgh Road between Five Mile and Six Mile Roads in Section 18. 11E; A motion made by Mr. Kluver to remove from table failed because of lack of support. The Chairman ruled that this item be scheduled for the meeting of April 4, 1972 and be re-advertised. Mr. Kluver announced the next item on the agenda, Petition 71-12-1-75 by James Tringali requesting to rezone property located on the west side of Cardwell between Wadsworth and Plymouth Road in the Southeast 1/4 of Section 25, from R-1 to P. On a motion duly made by Mr. Hand, seconded by Mr. Falk and unanimously adopted it was #3-85-72 RESOLVED that, pursuant to a Public Hearing having been held on February 8, 1972 as submitted by James Tringali requesting to rezone property located on the west side of Cardwell between Wadsworth and Plymouth Road in the Southeast 1/4 of Section 25, from R-1 to P, the City Planning Commission does hereby recom- mend to the City Council that Petition 71-12-1-75 be approved for the following reasons: IL: (1) The proposed zoning change is a logical and minor extension of an existing zoning classification. (2) The proposed zoning change will provide for uses compatible to the surrounding uses in the area. 4953 (3) Parking uses, when well screened and maintained, will r' not adversely affect the residential property. (4) The existing residential zoning classification for this lot is unusable because the lot size is less than the minimum lot size permitted under the R-1 District regulations. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of January 19, 1972 and a 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. The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Tunis, seconded by Mr. Hand and unanimously adopted it was #3-86-72 RESOLVED that, Site Plan #CM-72-la dated February 15, 1972, submitted and signed by James Tringali on date of March 6, 1972, in connection with Petition 71-12-1-75 by James Tringali IL requesting to rezone property located on the west side of Cardwell between Wadsworth and Plymouth Road in the Southeast 1/4 of Section 25, from R-1 to P, is hereby approved. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, motion by the City Planning Commission to hold a public hearing to determine whether or not to rezone property located on the south side of Ann Arbor Road, west of Knolson Avenue in the Southwest 1/4 of Section 31, from C-1 to R-1. On a motion duly made by Mr. Tunis, seconded by Mr. Falk and unanimously adopted it was, #3-87-72 RESOLVED that, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, the City Planning Coi'ii'ssion does hereby establish and order that a public hearing be held to determine whether or not to rezone property located on the south side of Ann Arbor Road, west of Knolson Avenue in the southwest 1/4 of Section 31, from C-1 to R-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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, motion by the City Planning Commission to hold a public hearing to determine whether or not to amend Sections 11.02 and 11.03 of Ordinance #543, the Zoning 4954 Ordinance, as amended, to provide that enclosed theatres would no longer be a permitted use in a C-2 District and would henceforth be permitted only as a "waiver use". On a motion duly made by Mr. Tunis, seconded by Mr. Hand and unanimously adopted, it was #3-88-72 RESOLVED that, pursuant to Council Resolution #159-72, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to amend Sections 11.02 and 11.03 so as to provide for enclosed theatres as a waiver use in a C-2 District. 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, motion by the City Planning Commission requesting that the Parks and Recreation Commission submit to the Planning Commission a list of priorities which the Parks and Recreation Commission has established for purposes of acquiring the various park sites that are indicated on the Master School and Park Plan. 11; On a motion duly made by Mr. Kluver, seconded by Mr. Tunis and unanimously adopted, it was #3-89-72 RESOLVED that, the City Planning Commission does hereby request that the Parks and Recreation Commission submit to the Planning Commission a list of priorities established by the Parks and Recreation Commission for the purposes of acquiring the various park sites indicated on the Master School and Park Plan. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary read the next item on the agenda, approval of the minutes of the meeting held by the City Planning Commission on February 8, 1972. On a motion duly made by Mr. Hand, seconded by Mr. Falk and unanimously adopted, it was #3-90-72 RESOLVED that, the minutes of the meeting held by the City Planning Commission on February 8, 1972 are approved. Mr. Nagy brought to the Commission's attention the fact that it was necessary to have six votes of the Planning Commission to implement any Master Park Plan amendment. It was brought to Mr. Nagy's attention that Petition 71-10-7-11 was not supported by the necessary six votes needed to pass it. It is necessary to have six affirmative votes and there were only four affirmative votes of the seven members present. Since there were only six members present a suggestion was made that this item be delayed until such time as 9 Commissioners could be present. 4955 Mr. Andrew asked the attorney, Mr. Feinberg, that when a motion is made and 1LW supported and roll call taken and passes by 4 to 3 vote but it needs six to pass does that motion ordinarily fail? Mr. Feinberg stated officially no. On a motion duly made by Mr. Hand supported by Mr. Falk and unanimously adopted it was #3-91-72 RESOLVED that, the City Planning Commission does hereby determine to rescind Resolution #2-48-72, adopted on February 8, 1972, which approved Petition 71-10-7-11 as submitted by the City Planning Commission to amend Part V of the Master Plan of the City of Livonia, the Master School & Park Plan, so as to incorporate property located north of Five Mile Road, west of Newburgh Road immediately adjacent to Blue Grass Farms Subdivision in the Southeast 1/4 of Section 18. The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Merrion and seconded by Mr. Tunis, it was RESOLVED that, pursuant to the provisions of Act 285 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 December 14, 1971 for the purpose of amending Part V of the Master Plan of the City of Livonia, entitled "The Master School and Park Plan", the same is hereby amended so as to incorporate property located north of Five Mile Road, west of Newburgh Road immediately adjacent to Blue Grass Farms Subdivision in the Southeast 1/4 of Section 18. A roll call vote on the foregoing resolution resulted in the following: AYES: Merrion, Tunis NAYS: Hand, Falk, Kluver, Andrew ABSENT: Pinto, Taylor, Talbot The Chairman declared the motion failed. On a motion duly made by Mr. Kluver to withdraw Petition 71-10-7-11 and hearing no support, the Chairman declared the motion failed for lack of support. On a motion duly made by Mr. Tunis, seconded by Mr. Falk and unanimously adopted, it was #3-92-72 RESOLVED that, the City Planning Commission does hereby determine to table Petitioh 71-10-7-11 until the Special Meeting to be conducted by the City Planning Commission on April 25, 1972. 4956 a On a motion duly made, seconded and unanimously adopted, the 239th Regular Meeting held by the City Planning Commission on March 7, 1972 was adjourned at approximately 12:15 a.m. CITY PLANNING COMMISSION deAM,...a" Herman H. Kluver, Secretary ATTESTED: Daniel R. Andrew, Chairman