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HomeMy WebLinkAboutPLANNING MINUTES 1972-06-06 5005 MINUTES OF THE 242nd REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 6, 1972, the City Planning Commission of the City of Livonia held its 242nd Regular 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 8:15 p.m. with approximately 50 interested persons in the audience. Members Present: Daniel R. Andrew Charles Pinto Herman Kluver Joseph J. Falk, Suzanne Taylor David Merrion Francis M. Hand H. Dow Tunis Joseph Talbot Messrs. H. G. Shane, Planner IV; Ralph Bakewell, Planner IV; Robert M. Feinberg, Assistant City Attorney; and Dan Gilmartin, Industrial Coordinator were also present. Mr. Kluver announced the first item on the agenda, Petition 72-5-1-22 by . Joseph St. Cyr for Christ C. Mugianis requesting to rezone property located on the south side of Plymouth Road between Levan Road and Yale in the Northeast 1/4 of Section 32, from RUF to C-2. I Mr. Mugianis was present and stated they wanted the rezoning in order td accommodate a banquet facility on this particular property. He stated there was enough area to establish a good size building with ample parking which Will be attractive to the area. There will be 32,080 square feet total and the building will be of pre-fab construction. There will be one main entrance and 19,000 square feet of useable space. Partitions will divide hall into smaller areas if necessary. Parking spaces for 444 cars will be provided. They plan two entrances off Plymouth Road. Mr. Andrew asked how many employees would they have on a normal Saturday or Sunday evening. - • Mr. Mugianis stated there would be 25 employees and a maximum of 1500 people. Mr. Hand stated that his calculations indicate that 19,000 square feet of space would only require 380 parking spaces. Mr. Shane stated that they figured on more than 19,000 useable square feet and that accounted for discrepancy in parking space needs. Mr. Hand asked whether they then would have enough parking space based on 19,000 square feet. Mr. Shane stated the parking spaces provided on the plan are deficient in size and ii they were proper size, the additional land area needed would reduce the total number of parking spaces provided. Mr. Hand stated that it appeared the petitioner did not have enough parking spaces for this size building. 5006 Mr. Mugianis stated they needed a great deal of storage space in the kitchen IL which couldn't be construed as useable space in parking space allotment. He further stated they were cognizant of the need for sufficient parking. Mr. Pinto asked whether they intended the use of an attendant for parking. Mr. Mugianis stated that this was their intention. Mr. Kluver asked what the maximum number of people would be served. Mr. Mugianis stated 1500 people. Mr. Mugianis stated he was willing to work out something with City Planning Commission to possibly "chop" some of the building to accommodate parking. Mr. Hand asked where his present business was. Mr. Mugianis stated it was in Roseville and that they felt there is a need in Livonia for a facility such as his. Mr. Pinto asked the name of the facility in Roseville. Mr. Mugianis stated it was called Athena Hall. • Mr. Nick Vesche, 3958 Leone was present and asked what was planned for the back. Mr. Andrew stated the rear half of the property would be used for parking. Mr. Vesche asked how late the hall would operate. Mr. Mugianis stated 1:00 A.M. Mr. Vesche wanted to know what would go in behind parking. Mr. Andrew stated there would be a wall erected. Mr. Vesche asked about lights. Mr. Mugianis stated there would be lighting and it would be directed so as not to be annoying. 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. Pinto and unanimously adopted it was , '6-142-72 RESOLVED that, pursuant to a public hearing having been held on June 6, 1972 on Petition 72-4-1-22 as submitted by Joseph St. Cyr for Christ C. Mugianis requesting to rezone property located on the south side of Plymouth Road between Levan and ti - Yale in the Northeast 1/4 of Section 32, from RUF to C-2, the City Planning Commission does hereby determine to table this petition to the June 20th study meeting. The Chairman declared the motion carried and the foregoing resolution adopted. 5""' The Secretary announced the next item on the agenda, Petition 72-4-1-23 by the City Planning Commission on its own motion to rezone property located at the northeast corner of Terrence and Middlebelt in the Northwest 1/4 of Section 13, from RUF to C-l. Mrs. Goodat, Middlebelt Road was present and wanted to know what they were going to build there. Mr. Andrew stated that they did not know what they will build there. Mrs. Goodat wondered whether that parcel was originally slated for apartments. Mr. Andrew stated it was but that the City Council had denied it. There was no one else in the audience wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Pinto, seconded by Mr. Kluver and adopted it was, ##6-143-72 RESOLVED that, pursuant to a public hearing having been held on June 6, 1972 on Petition 72-4-1-23 as submitted by the City Planning Commission on its own motion 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, the City • Planning Commission does hereby recommend to the City Council that Petition 72-4-1-23 be approved for the following reasons : tell (1) The location of subject property with respect to Middlebelt Road traffic makes its use for single family dwellings no longer desirable or feasible. (2) The development of commercial zoning in close proximity justifies an extension of similar zoning to subject property. (3) C-1, local business zoning, will provide for the development of use which are not injurious to surrounding properties. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of May 17, 1972 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES : Falk, Pinto, Talbot, Tunis, Kluver, Andrew NAYS : Merrion, Taylor ABSTAIN: Hand The Chairman declared the motion carried and the foregoing resolution adopted. t r 5008 l: The secretary announced the next item on the agenda, Petition 72-5-2-8 by ' Bit-Con Corporation requesting to be granted a conditional use approval to locate an asphalt plant on property located on the west side of Levan Road between Schoolcraft Road and the C & 0 Railway in the Northwest 1/4 of Section 29. , Mr. Shane read correspondence in file from the City Engineering Department which indicates no engineering problems connected with development, predicated uppn an extension of Livonia Drain X622. Letter on file from the Police Department stating no objections. Letter from Chief Building Inspector indicating no conflict to the control of air pollution ordinance. A letter is also on file from the Observer objecting to the construction of this plant. There is also a letter on file from Robert D. Wright, Department of Building and Engineering, Avon Township which states they have had no objection to this type of plant or registered complaints of abuse. Mr. William Brashear was present representing the petitioner. He advised the Commission that the only restriction on the construction of this building is that it be 1,000 feet from residential district. This is well over this limitation. Further the plant must have odor removing equipment which this is the case. The reason this site was selected was because of the traffic tsituation. Heavy trucking is required and this site is close to expressway. There will be 10 to 12 trucks running per day and they will begin their arrival at 6 :30 a.m. The trucks can be unloaded in 1 1/2 hours. They will be coming from New Hudson. This asphalt in turn is loaded on 10-12 ton trucks which then proceeds to destination of delivery. The asphalt trucks are covered and hence no odor. At this point Mr. Brashear submitted photos of area adjacent to proposed plant for perusal of the Commissioners. The time of operation would be from May 1 to November. Mr. Andrew asked the storage capacity of the tanks shown on the site plan. Mr. Stolaruk stated it was 2 to 3 tanks - 8 to 10,000 gallon capacity. Mr. Andrew afked the petitioner whether he was aware of the four foot drop in rear of property. Mr. Brashear stated that they had just completed purchase of property and found out there were violations on house. They intend to•tear down the house and that would eliminate those violations. They would just have to take care of other site problems during the course of site construction. Mr. Shane read another letter in file from the Industrial Development Commission which indicated that it did not support this petition. The following reasons were cited: t 1. Question exists about odors controlled. 2. Increased truck traffic in and out of proposed site. 3. Abutting property not able to continue building because of asphalt plant. Mr. Andrew asked whether the air pollution had been investigated. 5009 Mr. Gilmartin stated that the City upholds the County Ordinance. There would be no conflict with what the County has spelled out, . Mr. Tunis asked how many trucks would be going in and how many coming out. Mr. Stolaruk stated 10 to 12 trucks with aggregate coming in and 50 trucks of liquid asphalt going out. Mrs. Taylor asked what kind of land useage would be compatible for front portion of this property. Mr. Brashear stated small manufacturing plant and they did not have any intention of developing that part right now. Mr. Brashear stated the one. in Southfield is not the same as this one. Mr. Stolaruk stated light industrial is located nearby to one of them and a ski lodge next to the other. Mr. Kluver asked the normal hours of operation. Mr, Stolaruk stated 6:30 a.m. to 3:30 or 4:00 p.m. Mr. Tunis asked what method they would use to control dust problem. Mr. Stolaruk stated the aggregate is wetted down to eliminate dust. Mra,Huleva, Assistant Publisher of the Observer stated that they were ecology minded and were proud of it. The traffic is heavy in this area. She went on to say there were 1200 carrier boys in and out of that area. Mr. Schwartz, Argonaut Realty, General Motors Corgration was present and wanted answers to several questions. Mr. Schwartz inquired as to the duration of the conditional permit and about the storage of vehicles on premises. Mr. Andrew stated it was a seasonal permit running from May 1, thru November 1, and the conditional permit ran with the land. Mr. Schwartz went on to say that they were concerned with actual movement of material and in this regard with Levan being a Class A road is it capable of 50 ton vehicles, He stated that their maximum is ten ton and their deliveries and exits totaled 40 per day. Mr. Andrew stated there were limits that must be adhered to. Mr. Schwartz questioned the possibility of a tower on top of this structure. Mr. Andrew stated there would be stockpiling in an open manner. Mr. Schwartz then queried whether there has been any direct investigation made by the Environmental Protection Agency. Mr. Andrew stated no. Mr. Gilmartin stated there were no federal regulations enforced upon them at this time. 501C His next question was about dust levels and whether they had been investigated and were they in fact in accordance with City, Federal and State. I Mr. Merrion stated that it was felt that emission could be controlled by a bag house, Mr. Tunis stated that National Can Company is across the street and it can pick up odors. Mr. Schwartz stated that GM was concerned about their employees autos being parked in the lot and being coated with dust. He also brought up the question of the storm drainage in this area, Mr. Andrew stated there is a problem in this area but that storm sewer #22 could handle it. Mr. Schwartz stated that GM anticipated an expansion of their facilities and do not think employees will like dust on their cars and odor of asphalt in the air. There was no one else wishing to be heard and the Chairman declared the public hearing closed on this item. On a motion duly made by Mr. Tunis, seconded by Mr. Falk and adopted it was, .#6'444-.72 RESOLVED that, pursuant to a Public Hearing having been held on dune 6, 1972 on Petition 72-5-2-8 as submitted by Bit-Con Corporation requesting to be granted a conditional use approval to locate an asphalt plant on property located on the west side of Levan Road between Schoolcraft Road and the C & 0 Railway in the Northwest 1/4 of Section 29, the City Planning Commission does hereby recommend to the City Council that Petition 72-5-2-8 be denied for the following reasons: (1) The operation of the proposed asphalt plant will cause the emission of adverse levels of noise, odor and dust as outlined by the Wayne County Air Pollution Control Board and as expressed by the Industrial Development Commission in its report dated May 30, 1972. (2) Odors emitted by the proposed asphalt plant operation will jeopardize the manufacturing operation of the National Can Corporation because of the danger of odor absorption by their product. (3) The operation of an asphalt plant in this sector of the City will be a detriment to further development of manufacturing facilities east of Levan Road adjacent to and in the immediate vicinity of the new industrial road located between Schoolcraft Road and the C & 0 Railway in Section 29 as well as future development of properties immediately surrounding subject property. (4) The Industrial Development Commission is opposed to Petition 72-5-2-8 for reasons as expressed in its report dated May 30, 1972 to the Planning Commission. 5011 (5) There is no need for additional facilities such as t proposed by Petition 72-5-2-8 over and above the existing asphalt plant located approximately 500 feet south of the subject site. (6) The additional operation of truck traffic related to the operation of an asphalt plant as proposed by Petition 72-5-2-8 will adversely affect the developing residential areas north of Schoolcraft Road along Levan Road as well as the Madonna College located at the northwest corner of Levan Road and Schoolcraft Road. 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 on the foregoing resolution resulted in the following: AYES: Falk, Talbot, Taylor, Tunis, Hand, Kluver, Andrew NAYS : None ABSTAIN: Merrion, Pinto The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Andrew notified Mr. Brashear that he could appeal this decision to the City Council by filing an appeal within ten days with the City Clerk's office. IlL Mr. Kluver announced the next item on the agenda, Petition 72-1-1-2 by the City Planning Commission on its own motion to rezone lands owned by the Livonia Public Schools and/or City of Livonia located in Section 1, from RUF to the Public Land (PL) classification. Mr. Sinuk, 19972 Brentwood wanted to know the difference between Park, Park Site and City Park. Messrs. Bakewell and Shane explained. Mr. Sinuk questioned entrance and exit to park. Mr. Andrew stated this was not the question before them tonight. Mr. Sinuk wanted to know whether residents had any say about these parks. Mr. Andrew advised Mr. Sinuk to contact John Dufour, Department of Parks and REcreation and they will give answers to their questions. Mrs. Denne, 19970 Lathers stated she was concerned about that being flood plain and felt it should be left as is. Mr. Shane stated all the natural area will be retained as such. IL Mr. Andrew notified the audience that they should contact Norman Stalzer c/o City Hall and ask to attend their meeting and he was sure Mr. Stalzer would cooperate with their request. Mr. Hand advised Mrs. Denne of the advantage of a Civic Association representative at the Parks and Recreation meeting, 5012 Mr. Frank Lozono, 19962 Lathers was opposed to the petition. 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. Hand and unanimously adopted it was, #6-145-72 RESOLVED that, pursuant to a Public Hearing having been held on June 6, 1972 on Petition 72-1-1-2 by the City Planning Commission on its own motion to rezone lands owned by the Livonia Public Schools and/or City of Livonia located in Section 1, from RUF to the Public Land (PL) classification, the City Planning Commission does hereby recommend to the City Council that Petition 72-1-1-2 be approved for the following reasons : (1) Land is in public ownership and used or proposed to be used for public purposes and should accordingly be zoned for public purposes. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under the date of May 17, 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 72-5-1-25 by the City Planning Commission on its own motion to rezone lands owned by the Livonia Public Schools and/or City of Livonia located in the Northeast 1/4 of Section 2, from RUFA, R-1 and R 3A to the Public Land (PL) classification. Mr. Van Gorp, 20224 Melvin wanted to know whether they could erect a fence. Mr.' Andrew stated the Commission could only give zoning. They could not tell them to put up a fence. He advised Mr. Van Corp that he could write the Clarenceville School district and It them know he wanted a fence: Mr. Van Gorp stated they know it but they won't put up a fence. Mr. Syznodosko, 29974 St. Martins wanted to know what "PL" meant. Mr. Hand explained to him. Mr. Pinto also explained. It: There was no one else present wishing to be heard and the Chairman declared the public hearing closed on this item. On a motion duly made by Mr. Hand, seconded by Mr. Tunis and unanimously adopted it was, 5013 #6,146--72 RESOLVED that, pursuant to a Public Hearing having been held on June 6, 1972 on Petition 72-5-1-25 by the City Planning Commission on its own motion to rezone lands owned by the Livonia Public Schools and/or City of Livonia located in the Northeast 1/4 of Section 2, from RUFA, R-1 and R 3A to the Public Land (PL) classification, the City Planning Commission does hereby recommend to the City Council that Petition 72-5-1-25 be approved for the reason: (1) Land is in public ownership and used or proposed to be used for public purposes and should accordingly be zoned for public purposes. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of May 17, 1972 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Rail- way 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 72-5-1-26 by the City Planning Commission on its own motion to rezone lands owned by the Livonia Public Schools and/or City of Livonia located in the Southwest 1/4 of Section 3, from R-3A, RUFB and R-1 to the Public Land (PL). Mr. Paul Harding, 19629 Hardy feels this is useless land owned by the school and feels it should be zoned back to a developer so the school board can have some money. Mr. Shane stated this narrow strip was conveyed to the school it was not purchased by the school. Mr. Louis Snu, a resident stated this strip is being misused, is a nuisance overrun by mini bikes making all kinds of noises. Sex orgies, smoke parties and motorcyle gangs all use this strip. He further stated he had suffered $750 fire damage by someone using this strip, however, the school denied owning it. Mrs. Bigelow, 32414 Pembroke wanted to know whether it affected her property. Mr. Andrew stated it did not. 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. Hand, seconded by Mr. Falk and unanimously adopted it was, 5014 /6-147-72 RESOLVED that, pursuant to a Public Hearing having been held on June 6, 1972 on Petition 72-5-1-26 by the City 4. Planning Commission on its own motion to rezone lands owned by the Livonia Public Schools and/or City of Livonia located in the Southwest 1/4 of Section 3, from R--3A, RUFB and R-1 to the Public Land (PL) classification, the City Planning Commission does hereby recommend to the City Council that Petition 72-5-1-26 be approved for the following reason: (1) Land is in public ownership and used or proposed to to be used for public purposes and should accordingly be zoned for public purposes. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of May 17, 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, preliminary plat approval for Blue Grass Estates Subdivision proposed to be located on the west side of Newburgh Road between Five Mile Road and Six Mile Road in the East 1/4 of Section 18. 4 Suzanne Taylor left the podium at this time. 11:00 p.m. 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. Hand, seconded by Mr. Kluver and adopted it was /6-148-72 RESOLVED that, pursuant to a public hearing having been held on June 6, 1972, relative to preliminary plat approval for Blue Grass Estates Subdivision proposed to be located on the west side of Newburgh Road between Five Mile Road and Six Mile Road in the East 1/2 of Section 18, the City Planning Commission does hereby determine to table this item to the June 27 meeting. A roll call vote on the foregoing resolution resulted in the following: AYES : Falk, Merrion, Pinto, Talbot, Tunis, Hand, Kluver, Andrew NAYS: None A ABSENT: Taylor The Chairman declared the motion carried and the foregoing resolution adopted. 5015 Mr. Kluver announced the next item on the agenda, Petition 72--5,-7-4 by the City Planning Commission on its own motion to amend Part V of the Master Plan, the Master School & Park.Plan so as to delete property located on the east side of Stark Road, south of Plymouth Road in the Northeast 1/4 of Section 33. There was no one present wishing to be heard and the Chairman declared the public hearing closed. Mrs. Taylor returned to the podium at this time 11:05 p.m. On a motion duly made by Mr. Kluver, seconded by Mr. Pinto and unanimously adopted it was, #6-149-72 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 June 6, 1972 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 delete property located on the east side of Stark Road, south of Plymouth Road in the Northeast 1/4 of Section 33 for the following reasons and with the following legal description: City of Livonia, County of Wayne, State of Michigan described as follows: The W. 1/2 of the N. 3/8 of 11 the N. E. 1/4 of Section 33 of Livonia Twp. Wayne County, Michigan, except that part thereof described as : Beginning at the N. 1/4 corner of Section 33 and proceeding thence E. along the N. line of said Section, 1333.90 ft; thence S. 0.47 E. 583.75 ft; thence S. 83° 07' 30" W. 819.18 ft; thence N. 1° 46' W. 217.30 ft; thence S. 88° 29' W. 514.85 ft. to N. and S. 1/4 line thence N. 0° 56' W. along said line, 478.0 ft. to the point of beginning. for the following reasons: (1) The proposed amendment is recommended by the City of Livonia Parks and Recreation Commission in a resolution adopted on May 8, 1972. (2) The City has failed to demonstrate a feasible method to acquire the subject lands within a reasonable period of time. (3) An adequate amount of park lands are available within the overall neighborhood area due to the development of the Hines Parkway facility and the recreational facility developed in conjunction with the Stark Elementary School. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of the Master School and Park Plan of the City of Livonia which is incorporated herein by reference, the same having been 5016 adopted by resolution of the City Planning Commission with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission and a certifed copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. The Chairman declared the motion carried and the foregoing resolution adopted. The Chairman declared a brief recess at 11:05 p:m. The Chairman called the meeting to order at 11:10 with the same Commissioners present as were present for the first part of the meeting. Mr. Kluver teed 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. On a motion duly made by Mr. Talbot, seconded by Mr. Tunis and unanimously adopted it was, #6--150-72 RESOLVED that, 'etition 72-X1.1--8 by William Ponder be removed from the table. On a motion duly made by Mr. Hand, seconded by Mrs. Taylor and unanimously adopted it was, #6,-151-72 RESOLVED that, pursuant to a Public Hearig having been held on March 7, 1972 on 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, the City Planning Commission does hereby recommend to the City Council that Petition 72-1-1-8 be approved for the following reasons : (1) The proposed zoning change will provide for uses that will be compatible to the surrounding uses of the area. (2) The location of the site, its size and relationship to the abutting roads can accommodate an increase in land use density. (3) The area of the proposed site can act as a transitional and buffer zone separating the commercial development located to the north from the residential neighborhood located to the south. (4) This development proposal represents the first major new development to occur within this neighborhood area which will tend to encourage and to foster new and/or upgrading of similar development within the overall neighborhood area. 5017 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 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, 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 in the Northeast 1/4 of Section 8. On a motion duly made by Mr. Hand, seconded by Mr. Tunis and unanimously adopted it was, .#6-152-72 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 Park View Estates Subdivision be approved with the following conditions: (1) That the developer comply with the subdivision rules and regulations with reference to entrance markers located on the Seven Mile Road entry. for the following reasons : (1) It complies with all of the requirements of the R-3 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, Superintendent of Schools , Fire Department, Police Department and Parks and Recreation Department. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kilmer announced the next item on the agenda, Petition 71-2-1-5 by Edmund T. Warren requesting to rezone property located west of Newburgh Road between Plymouth Road and Amrhein Road in the Southeast 1/4 of Section 30, from RUF to M-1. 5018 On a motion duly made by Mr. Talbot, seconded by Mr. Hand and unanimously adopted it was, #6-153-72 RESOLVED that, Petition 71-2-1-5 be removed from the table. The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and adopted it was, #6-154-72 RESOLVED that, pursuant to a Public Hearing having been held on January 11, 1972, Petition 71-2-1-5 as submitted by Edmund T. Warren requesting to rezone property located west of Newburgh Road between Plymouth Road and Amrhein Road in the Southeast 1/4 of Section 30, from RUF to M-1, the City Planning Commission does hereby recommend to the City Council that Petition 71-2-1-5 be approved for the following reasons: (1) The proposed zoning change is consistent with the future land use planning for the creation of an industrial belt between Plymouth Road and Schoolcraft. (2) Industrial land uses exist at the present time within close proximity to subject land. (3) The established manufacturing uses existing within the general area tend to diminish the continued desirability of residential uses surrounding subject property and the desirability and practicability of residential development on the property in question. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of February 22, 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 on the foregoing resolution resulted in the following: AYES : Merrion, Pinto, Talbot, Taylor, Tunis, Hand, Kluver, Andrew NAYS: Falk The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-2-2-3 by John F. S. Yee requesting to be granted a waiver use approval to operate a restaurant in a building located on the south side of Eight Mile Road between Farmington Road and Gill Road 11‘I in the Northeast 1/4 of Section 4. On aimotion duly made by Mr. Tunis, seconded by Mr. Merrion and unanimously adopted it was, #6-155-72 RESOLVED that, this Petition 72-2-2-3 be removed from the table. 5019 The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Pinto, seconded by Mr. Hand and adopted it was, 4 .66'156'72 RESOLVED that, pursuant to a Public Hearing having been held April 4, 1972 on Petition 72-2-2r,3 by John F. S. Yee requesting to be granted a waiver use approval to operate a restaurant in a building located on the south side of Eight Mile Road between Farmington Road and Gill Road in the Northeast 1/4 of Section 4, the City Planning Commission does hereby recommend to the City Council that Petition 72-2-2-3 be approved for the following reasons: (1) The proposed use is of such limited size and character that it will not be detrimental to the orderly growth and development of the surrounding neighborhood. (2) Because of its relationship to other uses in the area and hours of operation, the proposed use will not unduly conflict with the normal traffic of the neighborhood. (3) There are a very limited number of eating establishments in the surrounding area, therefore, additional facilities of this type would not be detrimental to the point of over saturation. 1[40 with the following conditions : (1) That the provisions for parking (permanent and temporary) set down in the master site plan dated 5/23/72 shall be adhered to. (2) That the permanent improvement to the Eight Mile Road Frontage (subject to current engineering standards) as shown on the master site plan dated 5/23/72 shall be adhered to. (3) That the landscaping shown on the master site plan dated 5/23/72 be installed within six months after the date of the granting of this waiver. (4) That if a free-standing sign is proposed for this development, the petitioner shall submit to the Planning Commission for its approval a plan showing the design and location of said sign before issuance of a Certificate of Occupancy. A roll call vote on the foregoing resolution resulted in the following: AYES : Falk, Pinto, Talbot, Taylor, Hand, Andrew NAYS: Merrion, Tunis, Kluver The Chairman declared the motion carried and the foregoing resolution adopted. 5020 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 Ordinance #543, the Zoning Ordinance of the City of Livonia to hold a public hearing to determine whether or not to rezone property located on the north side of Vassar Avenue east of Middlebelt Road in the Southwest 1/4 of Section 1, from PO to PO-TI or C-4-II. On a motion duly made by Mr. Tunis , seconded by Mr. Merrion and unanimously adopted it was, 16-157-72 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 on the north side of Vassar Avenue, east of Middlebelt Road in the Southwest 1/4 of Section 1, from PO to PO-II or C-4-II. FURTHER RESOLVED, 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 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 Acts of Michigan of 1931, as amended. 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, initiated by Council Resolution #218-72 pursuant to Section 23.01 (a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, to conduct a new public hearin on Petition 69-10-6-20 by the Planning Commission on itsotion to amend Section 9.03 and 10.03 of Ordinance #543, .s amended, by adding a new paragraph to the waiver use sections in the R-1 through R-5 and RUF, P.S. and C-2 districts to provide special regulations for fraternal or regligious organizations, to determine whether or not to delete from the proposed ordinance the words "nationally recognized" as well as the entire proposal as applicable to R-1 through R-5 Districts. On a motion duly made by Mr. Hand, seconded by Mr. Talbot and unanimously adopted it was, 16-158-72 RESOLVED that , pursuant to Council Resolution #218-72 and Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, which directs the City Planning Commission to hold a new public hearing with respect to Petition 69-10-6-20, the City Planning does hereby establish and order that a public hearing be held to determine whether or not to amend Sections 9 .03 and 10.03 of Ordinance #543, as amended by adding a new sentence to the waiver use section in the C-1 District to provide special regulations for fraternal or religious organizations. 5021 FURTHER RESOLVED, 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 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 Actsof Michigan of 1931, as amended. 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, initiated by Council Resolution #432-72 pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, to hold a public hearing to determine whether or not to rezone property commonly known as the "Brooke'`property" located on the west side of Inkster Road between Five Mile Road and Lyndon Avenue in the Northeast 1/4 of Section 24, from RUF to R-3. On a motion duly made by Mr. Hand, seconded by Mr. Tunis and unanimously adopted it was, #6-159-72 RESOLVED that, pursuant to Council Resolution #432-72 and Section 23.01(a) of Ordinance #543, the Zoning Ordinance ) the City of Livonia, the Planning Commission does hereby 11[1: establish and order that a public hearing be held to determine whether or not to rezone property located on the west side of Inkster Road between Five Mile Road and Lyndon Avenue in the Northeast 1/4 of Section 24, from RUF to R-3. FURTHER RESOLVED, notice of time and place of said public hearing shall be published in a newspaper of general cir- culation 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 Acts of Michigan of 1931, as amended. The Chairman declared the motion carried and the foregoing resolution adopted. lir, Kluyer announced the next item on the agenda, motion by the City Planning Commission, initiated by Council Resolution #446-72 pursuant to Section 23.01(a) of Ordinance 9543, the Zoning Ordinance of the City of Livonia, to hold a public hearing to determine whether or not to rezone the rear sixty--five (65) feet of Tax Parcel 31T3alb located at the southeast corner of Knolson and Ann Arbor Road in the Southwest 1/4 of Section 31, from C-1 to R71. 1[: On a -motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted it was, #6,160--72 RESOLVED that, the City Planning Commission, pursuant to Council Resolution #446-72 and Section 23.01(a) of Ordinance 5022 #543, the Zoning Ordinance of the City of Livonia, does hereby establish and order that a public hearing be held to determine whether or not to rezone the rear sixty-five (65) feet of Tax Parcel 31t3alb located at the southeast corner of Knolson and Ann Arbor Road in the Southwest 1/4 of Section 31, from C-1 to R-1. FURTHER RESOLVED, notice of time and place of said public hearing shall be published in a newspaper of general cir- culation 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 provision of Act 285 of the Public Acts of Michigan of 1931, as amended. The Chairman declared the motion carried and the foregoing resolution adopted. Mr, Kluver announced the next item on the agenda, approval of landscape plan submitted in connection with Petition 72-3-8-4 by Jack Brown & Associates Architects, Inc. 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. On a 'motion duly made by Mrs . Taylor, seconded by Mr. Tunis and unanimously adopted it was, #6-161-72 RESOLVED that, the Landscape plan dated June 12, 1972 submitted by Jack Brown & Associates Architects, Inc. in connection with Petition 72-3-8-4 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, the City Planning Commission does hereby table this item to the regular meeting of June 27. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, approval of the minutes of the meeting held by the City Planning Commission on April 25, 1972. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and adopted it was, #6-162-72 RESOLVED that, the minutes of the meeting held by the City Planning Commission on April 25, 1972 are approved. A roll call vote resulted in the following: AYES: Merrion, Pinto, Talbot, Taylor, Hand, Kluver, Andrew NAYS: None ABSTAIN: Falk, Tunis The Chairman declared the motion carried and the foregoing resolution adopted. 4 11[ Mr. Kluver announced the next item on the agenda, approval of the minutes of the meeting held by the City Planning Commission on May 9, 1972. Ona motion duly made by Mr. Kluver, seconded by Mr. Hand and adopted it was 5023 A roll call vote resulted in the following; AYES: Merrion, Pinto, Taylor, Hand, Kluver, Andrew 0 NAYS: None ABSTAIN: Falk, Talbot, Tunis The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 71-10-7-11 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. On a motion duly made by Mr. Merrion, seconded by Mrs. Taylor and unanimously adopted it was, #6-164-72 RESOLVED that, this Petition 71-10-7-11 be removed from the table. The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Pinto, seconded by Mrs. Taylor and adopted 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", so as to incorporate property located 0 north of Five Mile, west of Newburgh Road immediately adjacent to Blue Grass Farms Subdivision in the Southeast 1/4 of Section 18 as a park site does hereby approve Petition 71-10-7-11 for the following reasons: (1) The City of Livonia Parks & Recreation Commission recommends that this parcel be placed on the Master School and Park Plan. (2) The proposed park site will tie together two existing park sites, thereby creating better pedestrian traffic flow through and between the park lands. A roll call vote resulted in the following: AYES: Merrion, Pinto, Taylor NAYS; Falk, Talbot, Tunis, Hand, Kluver, Andrew The Chairman declared the motion failed. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and adopted it was, '67165-72 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 5024 School and Park Plan", so as to incorporate property located v north of Five Mile, west of Newburgh Road immediately adjacent to Blue Grass Farms Subdivision in the Southeast 1/4 of Section 18 as a park site does hereby deny Petition 71-10-7-11 for the following reasons : (1) The Planning Commission has determined that,^pursuant to national park plan standards, an adequate amount of park lands in excess of the national standards have been provided in this area. (2) The park facilities planned for the park site can be provided for within the park lands already acquired within the neighborhood area. (3) The proposed location of this park site would prevent the extension of the planned thoroughfare as indicated on the Master Thoroughfare Plan. (4) The implementation of the park would cause a half-mile collector street to be terminated creating a :hazardous traffic problem in the opinion of the City of Livonia's Police and Fire Departments. (5) The City of Livonia failed to demonstrate a feasible means of financing the acquisition of the park site. A roll call vote resulted in the following: AYES: Falk, Talbot, Tunis, Hand, Kluver, Andrew NAYS; Merrion, Pinto, Taylor • The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted it was resolved that the 242nd regular meeting of the City Planning Commission of Livonia be adjourned at 12:00 midnight. CITY PLANNING COMMISSION Herman H. Kluver, .8ecretary ATTESTED: Vaniel R. Andrew, 'Chairman . _