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HomeMy WebLinkAboutPLANNING MINUTES 1972-04-25 4980 ii, MINUTES OF THE 266th SPECIAL MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF ,THE CITY OF LIVONIA On Tuesday, April 25, 1972, the City Planning Commission of the City of Livonia held its 266th Special Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel Andrew, Chairman, called the Public Hearing to order at 8:05 p.m. with approximately 75 interested persons in the audience. Members Present: Daniel R. Andrew Suzanne Taylor Joseph Talbot Francis M. Hand Herman Kluver Charles Pinto David Merrion Members Absent: Joseph Falk (Hospitalized) H. Dow Tunis(business out of town) Messrs. John J. Nagy, Planning Director; Ralph H. Bakewell, Planner IV; H. G. Shane, Planner IV; Robert Feinberg, Assistant City Attorney; and Dan Gilmartin, Industrial Coordinator; were also present. ti Mr. Kluver announced the first item on the agenda, Petition 72-3-1-15 by the City Planning Commission on its own motion to rezone property to 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-l. Mr. Nagy stated there was a letter on file from Rodney Kropf representing Mr. and Mrs. Rasmussen who own one of the parcels in question, and object to the rezoning. There is also a letter on file from the Engineering Department stating it was in favor of the rezoningbecause of the sewer situation. Mr. Chafe, 9241 Patton was present and asked whether this parcel would become a subdivision if it were rezoned. Mr. Andrew stated that could not be guaranteed. Mr. Christiansen, 38901 Ann Arbor Road, was present and introduced Mr. Shaddock, Professional Community Planner. Mr. Shaddock stated that from a planning standpoint the current zoning seems to be a reasonable use for this area. He went on to say that it does not look like it was ever planned for a single family use. When you go from Commercial to Residential zoning, its almost . impossible because of land values. Mr. Hand stated it could develop as it stands now into three different commercialized areas with no continuity whatsoever. Mr, Shaddock stated there was no assurance of continuity of residential development because there were three different owners. He further stated that it was evident from the fact that the city had not provided any streets into this area that it was never their intent for it to become a residential section, 4981 Mr. Hand stated this area was zoned 14 years ago to commercial and as the abutting property develops the zoning remaining on vacant leftover undeveloped parcels many times becomes obsolete. Mr. Pinto stated that if the present zoning remains the rear portion of this land may be landlocked. He went on to say that the Commission was opposed to the likelihood of this front portion being used for commercial and are doubtful that the rear portion will be used for commercial. Mr. Shaddock stated he felt this area was very suited for local businesses. Mr. Pinto stated that it seemed that Mr. Shaddock was in disagreement because of lack of access streets. Mr. Shaddock stated, no, if this were going to go to residential the City would have planned out streets a long time ago. Mr. Kropf was present representing Mr. and Mrs. Rasmussen, property owner of Tax Parcel T-lA. He stated his clients had bought this parcel many years ago. They petitioned for C-1. Clients want to develop this parcel as commercial. It is his client's desire to develop this property with a "small" user. Mr. Andrew asked whether Mr. Rasmussen lived on this property. Mr. Kropf stated they were living there for the last year. Mr. Christiansen, 38901 Ann Arbor Road wanted to make it clear that they were not moving. The tenant is moving. He further stated that the proposed zoning would make them a non-conforming use and that the Commission was trying to force them out, Mr. Andrew stated that they were not trying to force them out. Mr. Andrew also explained to him the recourse available to him under a non-conforming use, Mr. Andrew also reassured Mr. Christiansen that it was the Commission's desire that the nursery stay there forever. Mr. Vorgitch was present and wondered whether this rezoning would have any bearing on the north side of Ann Arbor Road. Mr. Andrew stated that it was one of many considerations that go into a re- zoning evaluation. Mr. Vorgitch stated he was in favor of C-i and not an R-1 zoning. Mrs. Stefers, 38741 Ann Arbor, was present and stated she was opposed to the petition. Mr. Kluver stated that the vehicle count on Ann Arbor Road was 12,163. There was no one else present wishing to be heard and the Chairman declared the public hearing closed on this item. 1 On a motion duly made by Mr. Hand, seconded by Mr. Kluver and adopted it was, r 4982 IL; #4-117-72 RESOLVED that, pursuant to a Public Hearing having been held on April 25, 1972, on Petition 72-3-1-15 as submitted by the (100 City Planning Commission on its own motion 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, the City Planning Commission does hereby recommend to the City Council that Petition 72-3-1-15 be approved for the following reasons : (1) The proposed zoning district will provide for uses that will be compatible to and in harmony with the surrounding uses of the area. (2) The physical size, shape and location of the existing com- mercial district will encourage strip commercial uses which will be detrimental to the surrounding residential uses of the area. (3) There is no need to retain unused commercial zoning in this general area as adequate provision has been made in the general area to satisfy commercial land use needs. (4) Ann Arbor Road is unable to handle an increase in commercial traffic which would be generated by the development of this strip commercial district. The traffic-carrying capacity of �� the road is already severely taxed. The road is only two lanes in width, therefore, it cannot handle the turning movements into strip commercial development m. ich would front along the road right-of-way. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the -Livonia Observer, under date of April 5, 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. A roll call vote resulted in the following: AYES : Pinto, Taylor, Hand, Kluver, Andrew NAYS: Merrion, Talbot ABSENT: Tunis, Falk The Chairman declared the motion carried and the foregoing resolution adopted. Mr, Kluver announced the next item on the agenda, Petition 72-3-1-16 by the City Planning Commission on its own motion to rezone property located on the west side of Merriman Road, north of Schoolcraft in the Southeast 1/4 of Section 22, from PE to P.S. 3to There was no one present wishing to be heard on this item and the Chairman declared the public hearing closed. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted it was, 4983 #4-118-72 RESOLVED that, pursuant to a Public Hearing having been held 1Ft; on April 25, 1972 on Petition 72-3-1-16 as submitted by the City Planning Commission on its own motion to rezone property located on the west side of Merriman Road, north of Schoolcraft in the Southeast 1/4 of Section 22, from PL to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 72-3-1-15 be approved for the following reasons: (1) The proposed zoning change will provide for uses that will be compatible to and in harmony with the surrounding use of the area. (2) Professional service zoning provides for compatible buffer and transitional uses , separating the nearby residential neighborhood from the effects of the commercial intersection and Schoolcraft corridor. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of April 5, 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. Mr. Kluver announced the next item on the agenda, Petition 72-3-1-17 by Nicholas George, Nicholas George Theatres, requesting to rezone property located on the east side of Farmington Road north of Plymouth Road in the Southwest 1/4 of Section 27 from M-1 to C-2. Mr. Nagy stated there was a letter on file from the Engineering Department stating there were no engineering problems connected with the development. Widening of Plymouth Road at the entrance and exits might be requested. Mr.Louis George, 6621 Allen Road, Allen Park, was present and stated the reason for the request in zoning is so they might build additional theaters adjacent to the Mai Kai theater. The existing zoning will not allow these two theaters and additional parking. 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. Talbot, seconded by Mr. Merrion and unanimously adopted it was #4-119-72 RESOLVED that, pursuant to a Public Hearing having been held on April 25, 1972 on Petition 72-3-1-17 as submitted by Nicholas George, Nicholas George Theatres, requesting to rezone property located on the east side of Farmington Road, north of Plymouth Road in the Southwest 1/4 of Section 27, from M-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 72-3-1-17 be approved for the following reasons : 4984 (1) The proposed zoning change will provide for the zoning ti district to reflect the land use. (2) The proposed zoning change is a limited extension to an existing commercial district. (3) The proposed zoning change will provide for uses compatible to the surrounding uses of the area. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of April 5, 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. Mr. Kluver announced the next item on the agenda, Petition 72-3-1-20 by the City Planning Commission on its own motion to rezone property located south ofEight from Cle �2dto M-1 andSCa2Yandein R-3 toee PNorth- west 1/4 of Section3, Mr. Nagy read a letter from Mr. and Mrs. Rhone, 20080 Shadysidtheir neichborhood, they protest against Supreme Tri-Bit encroaching further into g A letter is also on file from North Central Civic Association signed by IL president, James A. Muir, objecting to rezoning. M. Katalski, representing Supreme Tri-Bit, was present and is in favor of petition as presented. He explained that the manufacturing area was is noteing t being pushed back but rather that this was an aproposed. ` Y Me, Redy, 19938 Shadyside, was present and stated this same property was under , s petition several years gtha dtimey aHeuobjectsitonaastraig'htthat 1M-1 which wouldre of their future needs atack to the 0 ft. line permit outside storage. He further stated withoutthat encroachithe ng into the30residential would give them plenty of parking area section. He objected to all Tri-Bit's traffic using their street for access to the plant. Mr. Andrew asked if situation would be relieved if "No truck" signs were installed on their street. Mr. Redy stated somewhat but that they would still get employee traffic. Mr. Hand explained that the Commission initiated this motion primarrilCy2because of the zoning in that area. A lot ofan� o split zoning 1tiexists Duringthere. a discussion Tri-Bit a lot of say about what they want with Tri--Bit it was learned that ancbe builtbbybuil TritBit withoutfuture. the With zoning as it stands now, an office sha a could or form. Therefore, this petition was IL Commission being consulted in any p parking buffer. initiated for reason of giving residents. a p g AM 4985 Mr. Redy stated he was violently opposed to M-1. ML is more compatible. Mrs. Redy, 19938 Shadyside, stated these people had bought a house and are LIparking there too. Mr. Rodiquez, 20260 Shadyside, stated there was a lot of traffic coming down Shadyside and more parking lot would mean more cars. Mr.Muir, 20222 Shadyside, was present and complained of traffic.on Shadyside which this lot certainly would not eliminate. There was no one else wishing to be heard on this petition 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, #4-120-72 RESOLVED that, pursuant to a Public Hearing having been held on April 25, 1972 on Petition 72-3-1-20 as submitted by the City Planning Commission on its own motion to rezone property located on the south side of Eight Mile Road, west of Shadyside in the Northwest 1/4 of Section 3, from C-2 to M-1, and C-2 and R-3 to P, the City Planning Commission does hereby recommend to the City Council that Petition 72-3-1-20 be approved as amended to the extent that the portion of C-2 and R-3 zoning requested for a change of zoning to the P (parking) classification be granted, but that the portion of C-2 zoning requested for a Le change of zoning to the M-1 classification be amended and rezoned to the ML zoning classification, for the following reasons : (1) This will remove conflicting and incompatible zoning districts existing on a lot of record. (2) The proposed change will have the zoning districts more closely follow property lines. (3) The proposed zoning change will provide for a limited and minor extension of an existing use. (4) Parking uses when well screened, adequately land- scaped and well maintained will not adversely affect residential uses. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of April 5, 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. Mr. Kluver announced the next item on the agenda, Petition 72-3-2-5 by Li Angelo D'Orazio requesting to be granted a waiver use approval to operate a cement contractor's business in an existing building located on the east side of Surrey Avenue between Schoolcraft Road and Graytona in the Southeast 1/4 of Section 28. 1 4986 Mr. Nagy stated there was a letter on file from City Engineering stating there were no engineering problems. Dr. Purvis, Livonia Veterinary Hospital, 13389 Farmington Road, objects to this waiver use because of the unkeptcondition of the property. Mr. Andrew asked Mr. D'Orazio when he would finish the landscape plans. Mr. D'Orazio stated in a few months. Mr. Gilmartin stated he would like to raise the point of improving Surrey Avenue because it would be beneficial to other nearby property for development purposes. Mr. Pinto wondered whether landscaping should be provided along Graytona Avenue so as to provide some screening. Mr. Nagy stated that was the purpose for requiring the separate landscape plan that is requested as a condition of approval. Mr. Hand proposed the Commission make suggestiorn as to some landscaping. Mr. D'Orazio objected to landscaping on Graytona fearing he would not have room left to store his vehicles. Mr. Merrion asked about the size of equipment to be stored on this site. Mr. D'Orazio stated they would be trucks. Mr. Merrion asked further about a greenbelt or landscaping. Mr. Wilson, Attorney for Greenfield Company, was present and stated his client had bought four lots of Newman Subdivision. They hope to put up offices of 80 thousand square feet costing in the neighborhood of 1 million 700 thousand dollars for Marketing Communications which will be within 300 ft. of this proposed business. Therefore, Greenfield Company objects to this petition for the following reasons : 1. Feel area should remain high class office. 2. The proposed use on Surrey and Graytona will affect use of their property. 3. The proposed use of sand and gravel trucks which would cause noise, smell and dust in and around the area. 4. The character and use of the land around it would be "one bad apple will spoil a barrel". It can create a spreading use of this area for businesses such as this. Mr. Andrew stated that the structure that was purchased was a construction building and already in use. Mr. Andrew asked Mr. Nagy whether the waiver use was applicable to Lot 70, 71 and 72 only. Mr. Nagy stated the applicant chose to petition for the full use of all six lots. 4987 Mr. Andrew asked Mr. D'Orazio whether he would stockpile sand and gravel. Mr, D'Orazio stated they would not be storing material, just equipment. There was no one else present wishing to be heard on this item and the Chairman declared the public hearing closed. Mr. Andrew notified Mr. Wilson that he could attend the Study Meeting of May 2, 1972. On a motion duly made by Mr. Pinto, seconded by Mr. Talbot and unanimously adopted, it was #4-121--72 RESOLVED that, pursuant to a Public Hearing having been held on April 25, 1972 on Petition 72-3-2-5 as submitted by Angelo D'Orazio requesting to be granted a waiver use approval to operate a cement contractor's business in an existing building located on the east side of Surrey Avenue between Schoolcraft Road and Graytona in the Southeast 1/4 of Section 28, the City Planning Commission does hereby 160: determine to table this item to the May 2, 1972 Study Meeting. The Chairman declared the motion carried and the foregoing resolution adopted. The Chairman declared a short recess at 10:00 p.m. The meeting was reconvened at approximately 10:05 p.m. with all members present as were present for the initial roll call. Mr. Kluver announced the next item on the agenda, Petition 72-3-2-6 by John Del Signore requesting to be granted a waiver use approval to construct an addition to an existing restaurant located on the north side of Plymouth Road between Merriman and Hubbard Roads in the Southeast 1/4 of Section 27. Mr. Nagy stated there was a letter on file from the City Engineering office which states storm drainage is somewhat in question. There is also a letter on file from Rosedale Garden Civic Association stating the Italian Hut is in several violations, and hope that the Commission will not waive these violations. Mr. Nagy read a letter from Edwards Glass Company whereby they state conditions etc. of leasing parking spaces to the Italian Hut. Mr. Andrew asked Mr. Feinberg if the Planning Commission can be third party lk: to a lease. Mr. Feinberg stated not without its consent. He elaborated further, we would not be a party to the agreement. The letter seems to imply something different. Mr. Andrew stated that was what he thought. An investigation into Ordinance limitations regarding this matter ensued. (19.06 General Waiver Requirements) . 4988 It was further brought out that it was apparent that the petitioner was deficient in parking spaces, and Mr. Andrew pointed this out to Mr. Del Signore. Mr. Del Signore stated that was why he leased from Edwards Glass. Mr. Andrew asked how long the lease was for. Mr. Del Signore stated 10 to 15 years . Mr. Andrew asked what would happen after this time. Mr. Del Signore stated that it would be renewed. Mr. Raymond, of the Zoning Board of Appeals, was present and stated that Mr. Del Signore had appeared before the Zoning Board and that the Board had encouraged him to buy additional property and seek an arrangement with Edwards Glass. a Mr. Del Signore indicated that he had choice of building/new building and they would tear down existing building and put building there according to correct setback. Mr. Hand asked whether he had increased width of the driveway. Mr. Del Signore stated they had 24 ft. of driveway. Mr. Pinto asked if he would be building a new building. Mr. Del Signore stated he would be building a new building. There was no one else wishing to be heard on this item and the Chairman declared the public hearing closed. • On a motion duly made by Mr. Talbot, seconded by Mr. Pinto and unanimously adopted it was, p4-122-72 RESOLVED that, pursuant to a Public Hearing having been held on April 25, 1972 on Petition 72-3-2-6 by John Del Signore requesting to be granted a waiver use approval to construct an addition to an existing restaurant located on the north side of Plymouth Road between Merriman and Hubbard Roads in the South- east 1/4 of Section 27, the City Planning Commission does hereby determine to table this item to the Study Meeting of May 2, 1972. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-4-2-7 by Dennis Novara requesting to be granted a waiver use approval to erect an automatic car wash with accessory gas pumps on property located on the south side of Grand River between Inkster Road and Rensellor in the Northeast 1/4 of Section 1. Nt Nagy stated there was a letter on file from the Engineering Department stating there were sewer problems. Another letter is also on file from a resident in the area against waiver use approval for automatic car wash. 4989 Mr. Dennis Novara and Mr, Condor were present. Mr. Andrew stated it appeared that there was going to be a traffic problem on Grand River, Mr. Condor advised the Commission that Mr. Novara had another car wash on Telegraph and he washes 1,000 cars a day and they never have backup into Telegraph. Mr. Andrew asked how they intended to resolve the storm sewer problem. Mr. Condor stated they would talk to the Wayne County Road Commission. Dr. R. Dock, (dentist) 17229 Magnolia, Southfield was present and stated he proposed to construct a dental office right next to this proposed use and he did not want to be next door to a car wash. Mr. Wallace, 15775 Asbury Park, Detroit, was present and stated that the doctor could not build an office on this property because it was only 21 feet wide and the alley behind this property was vacated so he has no access to rear portion of the property. Mr. Talbot asked Dr. Dock how wide his lot was . Dr. Dock stated 21 ft. The parking would be in front with access off Grand River. The lot, he stated, was 120 feet deep. Mr. Wallace stated the lot was only 110 ft. deep because 10 ft. was vacated alley. Orr' Mr. Hand asked Mr. Nagy if this was sufficient site planning to accommodate the intended use? Mr. Nagy stated that the traffic situation was very bad; the building is in violation of front yard setback and that the whole site plan is very confusing and awkward. Cars would discharge from the facility at the rate of 100 per hour directly onto Grand River with no stack up space available if traffic prevents immediate egress to Grand River Avenue. Mr. Pinto asked whether an auto wash could be laid out on that property. Mr. Nagy stated a car wash facility with a different building arrangement could be laid out on this site. Mr. Pinto asked whether further discussion was worthwhile. Mr. Nagy stated that the question first was , whether this operation was appropriate for this area. If it was then he felt that through proper planning an acceptable site plan could be prepared. Mr. Andrew stated he did not feel the Planning Department should design the site plan. v' Mr. Hand asked Mr. Condor if he would locate this building differently. Mr. Condor stated if they did the building would not be big enough. y- 4990 There was no one else wishing to be heard and the Chairman declared the public hearing closed. Mr. Andrew advised Mr. Novara that in the event the waiver was denied he had ten days to appeal the decision. On a motion duly made by Mr. Hand, seconded by Mrs. Taylor and unanimously adopted it was, #4-123-72 RESOLVED that, pursuant to a Public Hearing having been held on April 25, 1972 on Peetition 72-4-2-7 as submitted by Dennis Novara requesting to/granted a waiver use approval to erect an automatic car wash with accessory gas pumps on property located on the south side of Grand River between Inkster Road and Rensellor in the Northeast 1/4 of Section 1, the City Planning Commission does hereby recommend to the City Council that Petition 72-4-2-7 be denied for the following reasons : (1) The building setback is deficient by 35 feet which means that only 25 feet of stack-up space is provided for washed cars coming out of the building. This could cause problems for cars having to enter Grand River Avenue at this point. (2) The site location and layout for this particular use does not lend itself to efficient vehicle flow because of its angular shape and the congestion of six lanes of traffic entering one entrance to the car wash. (3) The nature of the proposed use could adversely affect the enjoyment of the adjacent neighborhood by virtue of noise, fumes, dust, hours of operations and site congestion. 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 72-3-6-7 by the City Planning Commission to amend Section 17.02 of Ordinance #543, the Zoning Ordinance, to delete retail sales of new furniture when such use is accessory to a furniture warehouse establishment from permitted uses in the M-2 District Regulations. There was no one present wishing to be heard and the Chairman delcared the public hearing closed. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted it was, irt; #4-124-72 RESOLVED that, pursuant to a public hearing having been held on April 25, 1972 on Petition 72-3-6-7 as submitted by the City Planning Commission on its own motion to amend Section 17.02 of Ordinance #543 the Zoning Ordinance, to delete retail sales of new furniture when such use is accessory 4990 to a furniture warehouse establishment from permitted uses in the M-2 District Regulations, the City Planning Commission does hereby recommend to the City Council that Petition 72-3-6-7 be approved for the following reasons : (1) The proposed language change is needed to clarify the M-2 District regulations with respect to the prohibition of the retail sales of new furniture when such use is accessory to a furniture warehouse. 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 delcared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-4-6-8 by the City Planning Commission to amend Article XXVIII of Ordinance #636, Flood Plain District Regulations, so as to incorporate the U. S. Army Corp of Engineers' flood plain information report. 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 , #4-125-72 RESOLVED that, pursuant to a public hearing having been held on April 25, 1972 on Petition 72-4-6-8 as submitted by the City Planning Commission on its own motion to amend Article XXVIII of Ordinance #636, Flood Plain District Regulations, so as to incorporate the U. S. Army Corp of 'Engineers' flood plain information report, the City Planning Commission does hereby recommend to the City Council that Petition 72-4-6-8 be approved for the following reasons: (1) The proposed language change is needed to upgrade the Flood Plain District regulations. (2) The proposed language change is recommended by the City Engineering and Law Departments. 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. Andrew announced the public hearing portion of the meeting was closed. Mr. Kluver announced the next item on the agenda, Petition 72-3-8-2 by Louis Wiltse requesting site plan approval for the construction of a two auditorium addition to the present Mai Kai Theater located at the northeast corner of Plymouth and Farmington Roads in Section 27. 4991 On a motion duly made by Mx, Pinto, seconded by Mrs. Taylor and unanimously adopted it was #4-l26x-72 RESOLVED that, pursuant to Section 11,02 of Ordinance #543, the Zoning Ordinance, as amended by Ordinance #606, the City Planning Commission, having reviewed Petition 72-3-8-2 as submitted by Louis Wiltse, 110 Madison Avenue, Detroit, 48226, requesting site plan approval for a two auditorium addition to the present Mai Kai Theatre located at the northeast corner of Plymouth and Farmington Roads in Section 27, does hereby recommend to the City Council that Petition 72-3-8-2 be approved subject to the following conditions : (1) That Site Plan #2693, dated 4/25/72, prepared by Crane, Kiehler & Kellogg, Architects, shall be adhered to. (2) That a landscape plan shall be submitted to the Plan- ning Commission for approval within sixty (60) days from the date of this approval. (3) That the building elevation plans identified by #2693, prepared by Crane, , Kiehler & Kellogg, Architects, shall be adhered to. (4) That all landscape materials as shown on the approved landscaped plan shall be installed before issuance of ir, a Certificate of Occupancy. (5) That this Site Plan approval is granted subject to the final approval of the proposed zoning change. The Chairman declared the motion carried and the foregoing resolution adopted. Mrs Kluver announced the next item on the agenda, Petition 72-3-8-4 by Jack W. Brown & Associates, Inc. requesting site plan approval for a professional building proposed to be located on the north side of Schoolcraft Road between Berwick and Merriman in the Southeast 1/4 of Section 22. On a motion duly made by Mr. Pinto, seconded by Mrs. Taylor and unanimously adopted it was, #4-127-72 RESOLVED that, pursuant to Section 9.02 of Ordinance #543, the Zoning Ordinance, as amended by Ordinance #606, the City Plan- ning Commission, having reviewed Petition 72-3-8-4 as submitted by Jack Brown & Associates Architects , Inc. , 1145 West Long Lake Road, Bloomfield Hills, 48013, requesting site plan approval for a professional building proposed to be located on the north side of Schoolcraft Road between Berwick and Merriman Roads in the Southeast 1/4 of Section 22, does hereby recommend to the City Council that Petition 72-3-8-4 be approved subject to the following conditions: (1) That Site Plan dated 2/8/72, prepared by Jack Brown & 44; Associates Architects, Inc. .shall be adhered to. (2) That building elevation plans dated 2/8/72, prepared by Jack Brown & Associates Architects, shall be adhered to. • 4992 (3) That a separate landscape plan shall be submitted to the Planning Commission for approval within sixty (60) days { from the date of this approval. (4) That all landscape material as shown on the approved landscape plan shall be installed before issuance of a Certificate of Occupancy. 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 Part V of the Master Plan of the City of Livonia, the Master School & Park Plan, so as to delete property located approximately 300 feet north of Greenwood Farms Subdivision in the East 1/4 of Section 18. On a motion duly made by Mr. Hand, seconded by Mr. Pinto and unanimously adopted it was, #4-128-72 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby establish and order that a public hearing be held in the City Hall of the City of Livonia, to determine whether or not to amend Part V of V the Master Plan of the City of Livonia, the Master School and Park Plan, so as to delete property located approximately 300 feet north of Greenwood Farms Subdivision in the East 1/2 of Section 18. (Parksite EE) FURTHER RESOLVED, that notice of time and place of said hearing shall be published in a newspaper of general circulation in the City of Livonia and a notice by registered United States mail shall be sent to each public utility or railroad company owning or operating any public utility or railroad within the City of Livonia in accordance with the provisions of Act 285 of the Public Act of Michigan of 1931, as amended. The Chairman delcared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, motion by the City Planning Commission to withdraw Petition 72-1-1-1 by the Planning Commission on its own motion to rezone property located on the northwest corner of Five Mile and Middlebelt Roads in the East 1/2 of Section 14, from C-2 to P.S. On a motion duly made by Mr. Hand, seconded by Mr. Talbot and unanimously adopted it was, . 47129--72 RESOLVED that, the City Planning Commission does hereby determine to withdraw Petition 72-1-1-1 as submitted by the Planning Commission on its own motion to rezone property located on the northwest corner of Five Mile and Middlebelt Roads in Section 13, from C-2 to P.S. and deems that no further action by the City is necessary. 4993 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 on its own motion, pursuant to Section 23.01(a) of Zoning Ordinance, to rezone property located at the northeast corner of Terrence and Middlebelt in the Northwest 1/4 of Section 13, from RUF to C-1. On a motion duly made by Mr. Kluver, seconded by Mrs. Taylor and adopted it was #4-130-72 RESOLVED that, pursuant to Section 23.01(a) 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 in the Livonia City Hall to determine whether or not to rezone property located at the northeast corner of Terrence and Middlebelt in the Northwest 1/4 of Section 13, from RUF 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Merrion, Pinto, Talbot, Taylor, Kluver, Andrew NAYS: None ABSTAIN: Hand ABSENT: Tunis , Falk The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Council Resolution #535-70 referring the matter of the preservation of certain land located in Section 7 commonly referred to as Volk's Woods as a park and nature study to the City Planning Commission for report and recommendation. duly On a motion f made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted it was #4-131-72 RESOLVED that, having considered Council Resolution #535-70 requesting a report and recommendation from the City Planning Commission with respect to the preservation of certain land located in Section 7 commonly referred to as "Volks Woods" as a park site and nature study, and inasmuch as the subject land is the approved site of the already partially constructed multi-family development known as "The Woods", such development having received approval by the City of all necessary plans in connection with the present zoning and site plan, the City Planning Commission does hereby determine that no further action by the City is necessary. The Chairman declared the motion carried and the foregoing resolution adopted. 4994 Mr. Kluver announced the next item on the agenda, motion by the City Planning Commission on its own motion to incorporate the property north of Volk's Woods in the Northeast 1/4 of Section 7 on the Master Park Plan. On a motion duly made by Mr. Pinto, seconded by Mr. Hand and unanimously adopted it was, #4-132-72 RESOLVED that, pursuant to Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby establish and order that a public hearing be held in the City Hall to determine whether or not to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to incorporate Tax Parcel 07b2 located south of Seven Mile Road, west of Newburgh Road in the Northeast 1/4 of Section 7. FURTHER RESOLVED that, notice of time and place of said public hearing shall be published in a newspaper of general circulation in the City of Livonia and a notice by registered United States mail shall be sent to each public utility or railroad within the City of Livonia in accordance with the provisions of Act 285 of the Public Acts of Michigan of 1931, as amended. Mr, Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr, Kluver announced the next item on the agenda, resolution letter to Mr. Patrick Duggan re protective wall for K-Mart. On a motion duly made by Mr. Pinto, seconded by Mr. Kluver and unanimously adopted it was, #4-133-72 RESOLVED that, previous approval of Site Plan 611A-1, prepared by Leonard Siegal and Associates, initially granted by the City Planning Commission upon request of Schostak Brothers, Inc. is hereby, for clarification purposes, modified to the following extent : that the protective wall shown on and along the northerly line of the property encompassed by such Site Plan, in the case of this particular Site Plan, was shown only for purposes of illustrating the protective wall to the extent and as otherwise required by Zoning Ordinance #543 and not to any extent otherwise, such as a separate and independent con- dition of 'the Site Plan approval heretofore granted. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted the 266th Special Meeting held by the City Planning Commission on April 25, 1972, was adjourned at 12:00 midnight. CITY PLANNING COMMISSION 1L; ATTEST:U,2‘, � Herman H. Kluver, Secretary Daniel R. And ewe Chairman