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HomeMy WebLinkAboutPLANNING MINUTES 1972-08-15 5060 MINUTES OF THE 244th REGULAR MEETING t AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 15, 1972 the City Planning Commission of the City of Livonia held its 244th 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 and Regular Meeting to order at 8:10 p.m. with approximately 120 interested persons in the audience. Members present: Daniel R. Andrew Joseph J. TAlbot Esther Friedrichs Francis M. Hand Suzanne Taylor Charles Pinto Herman H. Kluver Members absent: David Merrion (vacation) Joseph J. Falk (vacation) Messrs. John J. Nagy, Planning Director; Ralph H. Bakewell, Planner IV, and Robert M. Feinberg, Assistant City Attorney, were also present. Mr. Andrew informed the audience that if the petitions on tonight's agenda involve a question of rezoning or vacating, this body recommends to the City Council that certain action be taken and the Council subsequently decides whether or not a petition is approved or denied, and if a petition for a waiver of use approval is denied, the petitioner has ten days in which to appeal the decision to the Council. Mr. Herman Kluver, Secretary, announced the first item on the agenda Petition 72-8-8-14 by Joseph Iannaci requesting approval of all plans required by Section 18.47 of Ordinance #990, in connection with the construction of a retail store proposed to be located at the southeast corner of Myron and Seven Mile Road in the Northeast 1/4 of Section 9. On a motion duly made by Mr. Kluver, seconded by Mr. Pinto and unanimously adopted, it was #8-199-72 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, the City Planning Commission does hereby recommend to the City Council that Petition 72-8-8-14 as submitted by Joseph Iannaci requesting approval of all plans required by Ordinance #990 in connection with the construction of a retail store proposed to be located at the southeast corner of Myron and Seven Mile Road in the Northeast 1/4 of Section 9, be approved for the following reasons: (1) The proposed development is .compatible to and in harmony with the surrounding development of the area. 1[10 J CONDITIONS OF APPROVAL: (1) That Site Plan which is hereby approved, shall be adhered to. (2) That all landscaping as shown on the approved site plan shall be installed before issuance of a Certificate of Occupancy. 5061 (3) That this approval is subject to the granting of a front yard variance by the Zoning Board of Appeals. IL; Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda Petition 72-8-8-17P by William Abney requesting approval of all plans required by Ordinance #988 in connection with an addition to the existing music store located on the east side of Middlebelt Road, between Broadmoor and Rayburn in the Southwest 1/4 of Section 13. On a motion duly made by Mr. Pinto, seconded by Mr. Hand and unanimously adopted, it was #8-200-72 RESOLVED that, pursuant to Section 18.58 of Ordinance .#543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, the City Planning Commission does hereby approve Petition 72-8-8-17P as submitted by William Abney requesting approval of all plans required by Ordinance #988 in connection with an addition to to the existing music store located on the east side of Middlebelt Road between Broadmoor and Rayburn in the Southwest 1/4 of Section 13, for the following reason: (1) The proposed development is compatible to and in harmony with the surrounding development of the area. CONDITIONS OF APPROVAL: (1) That Site Plan dated August 15, 1972, which is hereby approved, shall be adhered to. (2) That Building Elevation Plan dated August 15, 1972 which is hereby approved, shall be adhered to. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is Petition 72-8-8-18P by Michael Nalu requesting approval of all plans required by Ordinance #988 in connection with the construction of retail stores proposed to be located on the west side of Newburgh Road, north of Five Mile Road in the Southeast 1/4 of Section 18. On a motion duly made by Mr. Kluver, seconded by Mr. Pinto and unanimously adopted, it was #8-201-72 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, the City Planning Commission does hereby approve Petition 72-8-8-18P as submitted by Michael Nalu requesting approval of all plans required by Ordinance #988 in connection with the construction of retail stores proposed to be located on the west side of Newburgh Road, north of Five Mile Road in the Southeast 1/4 of Section 18 for the following reason: (1) The proposed development is compatible to and in harmony with the surrounding development of the area. 5062 4111, CONDITIONS OF APPROVAL: (1) That Site Plan No. 72-100, dated 7-20-72, which is hereby approved, shall be adhered to. (2) That Building Elevation Plan No. 72-100, dated 7-20-72 which is hereby approved, shall be adhered to. (3) That all landscaping as shown on the approved Site Plan shall be installed before issuance of a Certificate of Occupancy. (4) That all landscaping materials installed shall be permanently maintained and kept in a healthy condition. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is a request by Van Allen Builders, Inc., to modify previously approvedSite Plan, Petition 68-12-8-3, for a multi-family development proposed to be constructed on Ann Arbor Trail, west of Wayne Road in the Southeast 1/4 of Section 32. On a motion duly made by Mr, Kluver, seconded by Mr. Talbot and unanimously adopted, it was #8-202-72 RESOLVED that, the City Planning Commission, having reviewed in detail, the requested modifications to Petition 68-12-8-3 requesting Site Plan approval for a multi-family development proposed to be constructed on Ann Arbor Trail, west of Wayne Road in the Southeast 1/4 of Section 23, and having determined that these are minor modifications and that the revised Site Plan is consistent with the previously approved Site Plan, does hereby approve. revised Site Plan dated 8/10/72. Mr. Andrew declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next itemonthe'agenda Petition 72-7-8-13 by Farris Brothers Furniture requesting approval of all plans required by Ordinance #990 in connection with a proposed addition to the existing furniture store located at the southeast corner of Middlebelt and Plymouth Road in Section 36. On a motion duly made by Mr. Talbot, seconded by Mr. Kluver and unanimously adopted, it was #8-203-72 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, the City Planning Commission does hereby recommend to the City Council that Petition 72-7-8-13 as submitted by Farris Brothers, 11500 Middlebelt, Livonia, Michigan, requesting approval of all plans required.by Ordinance #990 in connection with a proposed addition to the existing furniture store located at the southeast corner of Middlebelt and Plymouth Road in Section 36, be approved. for the following reason: 5063 (1) The proposed development is compatible to and in harmony with the surrounding development of the area. CONDITIONS OF APPROVAL: (1) That Site Plan No. 6922, dated July 17, 1972 which is hereby approved, shall be adhered to. (2) That Building Elevation Plan No. 6922, dated May 15, 1972 which is hereby approved, shall be adhered to. (3) That all landscaping as shown on the approved Site Plan shall be installed before issuance of a Certificate of Occupancy. (4) That all landscape materials installed shall be permanently maintained and kept in a healthy condition. Mr. Andrew announced the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is Petition 72-5-3-3- by William D. Balmer and C. Frank McPhillips requesting to vacate property located on the east side of Westbrook Drive, south of Mallory Drive in the Northeast 1/4 of Section 17. Mr. C. Frank McPhillips, petitioner, was present and stated this narrow piece of land between the two lots will create a certain amount of excess traffic when used to gain access to the public park in the rear of the lots and in view of the fact that it is possible to gain access through the school property on the south side, it would seem there is little necessity for the walkway. Mr. Andrew asked if Mr. McPhillips was aware of the easement being in existence at the time he purchased the property. Mr. McPhillips stated, yes he was. Mr. Kluver asked approximately how many children per day use that area. Mr. McPhillips said, hardly any use it since it is not paved. Mr. Andrew questioned if there is a large drain in the center of the park. Mr. McPhillips stated yes, it runs along the east side pretty much. Mr. Kluver questioned if the area is used for play by the youngsters in the area. Mr. McPhillips stated it has not been developed so it is not available for play but children do ride their bikes back there. Mr. Hand asked if the easement were vacated, would the children have to go all the way down the street and across the school property to get to the park. Mr. McPhillips stated, yes. Mr. Andrew stated that it runs through his mind that at one of the Board of Education meetings, there was discussion about building a bridge between Hoover School and the play area over the open water course. Mr. Andrew further asked without a bridge, if the Commission goes along with Mr. McPhillips and vacates the 5064 the easement, how would the children gain access to the park through the school property if there is an open drain there. L Mr. Nagy, Planning Director, stated that a drain, more or less, parallels the subdivision on the east and the school lands on the north. The open drain separates the subdivision park from the school lands. A bridge is necessary to connect the school property and park property for children to cross over. Mr. McPhillips stated that it seems to him that eventually there would have to be some form of access across that drain into the park and in view of that it seems there would be good access to the park. He said there is a similar bridge west of here. Mr. Pinto requested to know who owns Parcel Q2b. Mr. Nagy stated the City of Livonia. Mrs. Friedrichs stated she wondered if the vacating of this easement would encourage youngsters to try to use other back yards if they had to go all the way down to the other end and asked if Mr. McPhillips thought there would be trouble with that. Mr. McPhillips stated he wouldn't doubt that at all. Mr. Pinto questioned if the Parks & Recreation Commission has been contacted about this. not Mr. Nagy stated they had received notice of this hearing, but have/expressed an opinion one way or the other. Mr. Pinto stated that since what goes on here affects the property adjacent to Mr. McPhillips he thought that it might be a courtesy to ask the Parks & Recreation Commission for its opinion on the access. . Mr. Andrew said he assumes the basic reason for this petition is to eliminate the walkway. Mr. McPhillips stated it would increase the value of his house. Mr. Hand asked if Mr. McPhillips has improved the easement at all. Mr. McPhillips stated no, owners on each side have put grass up to the easement but is unpaved and undeveloped. • There was no one else present wishing to be heard regarding this item. Mr. Andrew delcared the public hearing on this petition closed. • Mr. Kluver made a motion to approve Petition 72-5-3-3 but there was no support. Mr. Andrew declared the motion fails for lack of support. On a motion duly made by Mr. Pinto, seconded by Mrs. Taylor, it was #8-204-72 RESOLVED that, pursuant to a Public Hearing having been held on August 15, 1972 on Petition 72-5-3-3 as submitted by William D. Balmer and C. Frank McPhillips requesting to vacate property located on the east side of Westbrook Drive, south of Mallory 5065 Drive in the Northeast 1/4 of Section 17, the City Planning Commission does hereby determine to table this item pending 1r- receipt of a recommendation from the Parks and Recreation Commission as to the propriety of vacating this particular easement. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer under date of July 26, 1972 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway, Mlchigan 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: Talbot, Friedrichs, Pinto, Taylor, Andrew NAYS: Hand, Kluver ABSENT: Falk, Merrion Mr. Andrew .declared the motion carried and the foregoing resolution adopted. Mr. Kluver;announced the next item on the agenda is Petition 72-6-3-4 by Rodney C. Kropf, Attorney for Chester Koppy, requesting to vacate property located between Clarita Avenue and Curtis Avenue, east of Loveland Avenue in the Northwest 1/4 of Section 10. J Mr. Rodney C. ,Kropf, Attorney, was present representing Mr. Chester Koppy, the petitioner, and stated this vacating is in preparation of a replat of Argyle 411111; Park Subdivision which is an existing 40' lot subdivision. He stated that if the vacating is approved they intend to develop a subdivision of 80' lots and that it cannot be developed in 40' lots. Mr. Kropf stated he believes this to be a reasonable request and will enable them to put the property to work. He said he understandssome property owners are not' overly impressed with this plan but he doesn't know how their property can be brought into it since there can be only one road put in there. He stated he would like favorable action from the Commission on this. Mr. Andrew asked the present depth of the platted lots . Mr. Nagy stated, they are 121' x 40' . Mr. Andrew requested if there are any utilities in Mayfield or Brookfield. Mr. Nagy stated, yes, the Engineering Division has indicated that Livonia Drain #28 exists in the west 30' of Mayfield and that an easement should be retained to protect these City utilities. Mr. Pinto asked if the depth of these lots, 121' , includes the alley. Mr. Nagy stated it exludes the easement only. 141. Mr. Andrew stated that he assumed the difficulty with simply selling two forty- foot lots as they exist today is not necessarily only on Mayfield but that they would have to pave it and obtain the right-of-way on Brookfield. Mr, Kropf stated there is no way to obtain any additional property to the east; it is a park site and this is about the only way this property can be developed. 5066 Mr. Andrew questioned Mr. Feinberg as to whether or not the acquistion of grounds through Federal funds precludes the sale of that property. Sit; Mr. Feinberg stated there is a general law in that respect--that you can't forbid anyone to dispose of property but he would rather reserve judgment on this. Mr. Charles W. Allen, agent for the owner who lives in New York, stated that the owner of this property had paid taxes on it for twenty years. He stated the owner had put the property on the market to sell and had many inquiries but had a hard time finding anybody interested in buying it because the existing zoning does not allow the property to be developed. He said the land on the east is owned by the City as a park site and he believes when the City checks into it, the Federal Government will not allow land purchased through HUD to be relinquished. Mr. Allen stated it is unfeasible to develop a street on a long strip piece with lots on only one side so they have requested the vara ing of the 30' of Brookfield and the vacating of the 60' of Mayfield and propose to put a street down the middle and give the easement rights to the people on the west of Mayfield, then build on 80' lots which would fit the City's zoning. Mr. Hand questioned how deep are the lots on the west of Mayfield. Mr. Nagy stated the depths of the lots facing Loveland are 272' deep and he believed about 132' in width. Mr. Joseph Keller, 18760 Loveland, stated he owns lot 769 and is speaking for ' the people in the area and referred to a petition signed by thirteen owners in the area which basically objected to the vacating for the reasons that it would land- lock their property to the rear so they would not be able to sell the back of the Sh; property if they so chose. Mrs. Rose Masters, former owner of Lots 773a and 773b, stated she has given these two lots to her son and daughter and there is no way for them to use this property unless Mayfield goes through. Mr. Hand questioned if there is a possibility of developing this property with a court-like arrangement where the development would be around the courts. Mr. Nagy stated there is that physical possiblity but didn't know if that would be more economical but would overcome the need for obtaining the other 30' of right- of-way. Mr. Hand stated he is concerned about the people on the west side of Mayfield and believes they should be given some consideration as to what happens on the east side of Mayfield. A resident, 18300 Loveland (lot 774) stated his objection to this vacating because it would landlock property. Mr. Andrew asked if Mayfield could be improved, would this proposal be okay then. Mr. Kropf requested Mr. Andrew to ask the property owners if they would be willing to go on an assessment for improving Mayfield. 141. Mr. Andrew asked if the property owners on the west side of Mayfield would be agreeable to a special assessment procedure for the improvement of Mayfield Avenue. The owner of Lot 774 stated a survey could be taken and the Commission given an answer. There was no one else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the Public Hearing on this petition closed. 5067 A motion was made by Mr. Hand and supported by Mr. Kluver to deny this Petition. 1rMr. Andrew stated that it is the opinion of the Chair that the suggestion by Mr. Shi; Kropf about the property owners abutting Loveland being agreeable to a special assessment has merit and that the petition should be tabled until such time as the owners on Loveland come back with the information as to whether or not they would favor a special assessment for Mayfield Avenue improvement. Mr. Andrew turned over the gavel to Mr. Hand, Vice-Chairman, at this time. On a motion duly made by Mr. Andrew and seconded by Mr. Pinto, it was #8-205-72 RESOLVED that, pursuant to a Public Hearing having been held on August 15, 1972 on Petition 72-6-3-4 as submitted by Rodney C. Kropf, Attorney for Chester Koppy, requesting to vacate property located between Clarita Avenue and Curtis Avenue, east of Loveland Avenue in the Northwest 1/4 of Section 10, the City Planning Commission does hereby deter- mine to table this item. FURTHER RESOLVED that, notice of the above Public Hearing published in the official newspaper, the Livonia Observer, under date of July 26, 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. 11110 A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Pinto, Talbot, Taylor, Andrew NAYS: Hand, Kluver ABSENT: Falk, Merrion Mr. Hand, Vice-Chairman, declared the motion is carried and the foregoing resolution adopted. ,Mr. Hand returned the gavel to Mr. Andrew, at this time . Mr. Pinto asked that the people get together and poll the owners and let the Commission know within a reasonable length of time . Mr. Keller questioned the Commission regarding the assessment procedure. Mr. Pinto stated that essentially, the City would make the assessment according to the number of feet fronting on Mayfield of each property owner. Mr. Hand stated he assumed that Mr, Kropf would then consider developing that property in a different way. Mr, Kropf stated, they will investigate it. Mr. Hand stated there is a tabling motion to give the developer and the property owners a chance to discuss the development of the property. Mr. Kropf stated the Commission has given them an idea and they will investigate it. MUM 5068 Mr. Allen requested that the Engineering Department give these people an approx- imate range of cost. ir , Mr. Andrew asked Mr. Allen to contact Mr. Nagyon Thursday morning for some idea as to the figures per front foot which are being referred to, then he can go to the people with them. Mr. Andrew stated this item will be tabled until the study meeting of September 19, 1972 and requested that Mr. Keller be present at that meeting. Mr. Kluver announced the next item on the agenda Petition 72-6-1-35 by Mt. Hope Congregational Church requesting to rezone property located on the north side of Schoolcraft Road, east of Henry Ruff in the Southeast 1/4 of Section 23, from RUF to R-9. Mr. Thomas Chenot, Attorney for the Church, was present and stated what they are attempting to undertake here as a Church, if they can get the rezoning, is a senior citizens retirement apartment and that they have approximately 4 1/2 acres of unused property. Mr. Andrew stated he assumed there will be a non-profit organization created to build the apartments. Mr. Chenot stated, yes, there already has been one formed. Mr. Pinto questioned if the Church, through the device of a non-profit corporation which, he assumed would be related to the Church, would be responsible for the management of-these apartments. 41110 Mr. Chenot stated, yes. Mr. Talbot questioned what type of housing this would be--one .story, two-story or higher. Mr. Chenot stated they anticipate it will not be higher than three stories; that they originally had planned on two stories with approximately 76 units but after talking with the FHA and MHA, they had stressed that, economically, going up one more story would be to everybody's advantage and would increase the number of apartments, and they prefer it this way. Mr. Chenot stated they had not yet made any definite plan regarding this but have drawn sketches for two stories and that is where they stand now. He said FHA prefers they have 100 apartments and MHA definitely suggested that. Mr. Andrew questioned if, prior to the time of the filing of the petition for rezoning, had some feasibility studies regarding this project been made. Mr. Chenot stated he would have to say that they have not gone into the financing to that extent. Mr. Hand stated his concern about this property bordering some very substantial homes in the area. He said the original plan was for two stories which would not infringe on the properties to the north and he thinks the petitioner should give 11110. the Commission some indication as to how high this building will be. Mr. Chenot stated that he had said it will not go over three stories. Mr. Talbot asked if he had understood Mr. Chenot to say that only two stories would go up now but possibly a third story added later. o... 5069 Mr. Chenot stated, no. Mr. Pinto stated that he realized the Commission is being asked to act on a rezoning and that they will be faced with a site, plan if the rezoning is approved, but there seemed to be purpose to discuss the ultimate height of the building because that seems to be uppermost in the minds of everybody. Mr. Pinto asked if Mr. Chenot has been advised that a two-story site is economically unfeasible. Mr. Emery stated there is no reason why they can't have a one, two or three-story building but it is difficult tonight to try to say what they want to do without presenting some sketches of one, two and three-stories and comparing it with the existing neighborhood to know which building would blend in. He stated there is more than the economy of a three story building involved and if they could put in a three-story building, they could consolidate the area of the building and allow more greenery around the area which would enhance the project. Mr. Chenot stated he would prefer that we eliminate the necessity of rezoning on the basis of whether it is two or three stories until they could come in with a sketch and that he understood that any objections can be brought up at the time of site plan approval. Mr. Pinto stated that his original question was if it is economically feasible to build a two-story. Mr. Emery stated no, it is not. Mrs. Taylor requested to know what portion of this property, with the R-9 zoning, would be necessary to support the two-story or the three-story; the 76 units as opposed to the 100 units . Sil, Mr. Nagy stated the overall parcel on which the Church and Parsonage is located as well as the proposed project is 7.6 acres; not all of that is being requested for rezoning. He said the corner of Schoolcraft and Henry Ruff is being deleted and would be a deletion from the 7.6 acres. Mr. Nagy stated they have requested rezoning to support 98 one-bedroom units and their site plan shows a project of 76 units. Mr. E. J. Given, 30820 Schoolcraft, stated he moved here 18 years ago and they have an expressway going in in front of them, a factory across the street and now do they have to look at a three-story building in back of them? Mr. Hunter, 14040 Hillcrest, stated his property backs onto Henry Ruff and he represents several of the residents of the area. He stated these are large homes and a two or three story complex is not going to improve their property; probably make it go down. Mr. Hunter said they are against this rezoning petition. Mr. John Tomilo, 30247 Buckingham, stated the homes on Buckingham were there before the Church and that he had paid extra to buy his lot because it was a large size lot and bordered on an open field. He said when the Church first asked their opinions about building the Church, one of the things the people • were against was this type of housing for the elderly so the Church told them to forget it--it was too far in the future. Mr. Tomilo stated that the Commission It should consider the kind of dwelling which might be put in when they consider rezoning property; the noise level will be greater; the property value will be decreased and there will be more traffic in the area. He said building a retirement home is a charitable kind of act but charity does not begin in his pocket. 5070 Mr. George A. Jurick, 3016] Buckingham, stated he came to Livonia 3 1/2 years ago and liked the open space in his backyard; that he was disturbed when he heard of these apartments, especially three stories, and that on R-9 he under- stands they can build within twenty feet of his property line. Mr. Nagy stated the rear yard requirement of the R-9 District is forty feet and five feet for each story over two stories. Mr. Jurick stated, now we are talking about nine stories. Mr. Andrew stated we are talking about R-9 zoning only; the number of stories involved is a question of site plan approval and he stated he does not want to get involved in the site plan of the petition. Mr. Jurick questioned if this retirement project is built, will they pay taxes to the City of Livonia and at the same rate. Mr. Andrew stated it is the understanding of the Chair that there Mould be a tax paid to the City of Livonia and every piece of property is taxed the same in the City of Livonia. Mr. Jurick asked if they are bang taxed at the present time. Mr. Andrew stated, not at the present time. Mr. Jurick stated the people in this area were agreeable at one time for this property to be developed into some kind of play area and he believes the value of his property will decrease with a retirement project behind it. She some of thesequestions which were brought Mr. Emery stated he would like to answerg up like an increase in noise and population, height of the building, etc. , and agreed that some are right and some are wrong. He stated it is erroneous to say that property values decrease--they never decrease by putting up a substantial apartment project next to single family; and the noise problem--somebody wants to put up a recreational facility here which would create a lot of noise. He said they are talking about senior citizens and they are quiet people. Mr. Emery stated there will be less car traffic because senior citizens have a ratio of 3.5 cars per acre--there would be very little traffic created, and, senior citizens are not known to increase populations. He stated this project will cost $18,000 for a one bedroom unit and will be a beautiful project but they can't show these people here anything until they can present a picture of their plans. There was no one else wishing to be heard regarding this item. Mr. Andrew, Chairman, stated the public hearing on Petition 72-6-1-35 closed. On a motion duly made by Mr. Talbot and seconded by Mrs. Friedrichs , it was RESOLVED that, pursuant to a Public Hearing having been held on August 15, 1972 on Petition 72-6-1-35 as submitted by Mt. Hope Congregational Church requesting to rezone property located on the north side of Schoolcraft Road, east of Henry Ruff in the 1411 Southeast 1/4 of Section 23, from RUF to R-9, the City Planning Commission does hereby recommend to the City Council that Petition 72-6-1-35 be approved for the following reasons : 5071 (1) The proposed zoning change will provide for uses that will lio; be compatible to the surrounding uses of the area. (2) The proposed zoning change and the uses permitted in the R-9 District, Housing for the Elderly, will be complementary to the institutional uses to the south and to the single family residential uses to the north. (3) The proposed area of the zoning change is of sufficient size, shape and location so as to accommodate the intended use. (4) The abutting roads of the area can accommodate any increase in density of land use and in traffic generation proposed by this zoning change. A roll call vote on the foregoing resolution resulted in the following: AYES: Talbot, Pinto, Friedrichs NAYS: Hand, Taylor, Andrew ABSTAIN: Kluver ABSENT: Falk, Merrion Mr. Andrew, Chairman, declared the resolution fails because of a tie vote. 1100 Mr. Talbot stated that about a year and half ago Trinity Baptist Church wished to put up some senior citizen housing and there was a lot of comment then from the neighbors but now it is a lovely development and better to look at than a vacant field or professional service or commercial and since then the people he has talked with are quite satisfied with this project. Mr. TAlbot stated this gentleman tonight said this would be of a colonial nature and in his mind he thinks it will appreciate the neighborhood instead of depreciating the value of the homes. • On a motion duly made by Mrs. Taylor and seconded by Mr. Pinto, it was RESOLVED that, pursuant to a Public Hearing having been held on August 15, 1972 on Petition 72-6-1-35 by Mr. Hope Congrega- tional Church requesting to rezone property located on the north side of Schoolcraft Road, east of Henry Ruff in the Southeast 1/4 of Section 23, from RUF to R-9, the City Planning Commission does hereby recommend that Petition 72-6-1-35 be approved as amended to delete the portion east of the Church. Mr. Nagy explained to the Commission and audience that the corridor from Schoolcraft leading into the area to be developed is not needed to support the project as shown on the site plan submitted with the petition, as that plan showns 76 units therefore, the area is not needed. He stated that tonight however, they have revealed that they may be talking about 98 units and if there is to be 98 units, they will need the area. IL: Mr. Chenot stated that if this cuts off their access, all the traffic would flow' down Henry Ruff which, he believed, is not fully paved and not too desirable for the residents. Mr. Emery stated that if the project is being considered, a 98 or 100 unit project is more feasible for this kind of project and it has been recommended that the 5072 project be kept as close to 100 units as possible. A roll call vote on the foregoing resolution resulted in the following: AYES: Taylor NAYS: *Pinto, Talbot, Hand, Andrew, Friedrichs ABSTAIN: Kluver ABSENT: Falk, Merrion Mr. Andrew, Chairman, declared the motion fails for lack of support. *Mr. Pinto's support of the motion was made for purposes of discussion. A motion was made by Mr. Hand to deny Petition 72-6-1-35. There was no support to the motion and the Chairman declared the motion lost for lack of support. On a motion duly made by Mr. Hand and seconded by Mrs . Taylor, it was #8-206-72 RESOLVED that, pursuant to a Public Hearing having been held on August 15, 1972 on Petition 72-6-1-35 as submitted by Mt. Hope Congregational Church requesting to rezone property located on the north side of Schoolcraft Road, east of Henry Ruff in the Southeast 1/4 of Section 23, from RUF to R-9, the City Planning Commission does hereby determine to table Petition 72-6-1-35 until the study meeting of September 19, 1972. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Pinto, Taylor, Talbot, Hand NAYS: Andrew ABSTAIN: Kluver ABSENT: Falk, Merrion Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution is carried. Mr. Kluver, Secretary announced the next item on the agenda Petition 72-7-1-36 by Patrick Duggan, Attorney for Robert Saks Mechigian, to rezone property located south of Seven Mile Road, east of Melvin in the Northeast 1/4 of Section 11, from R-5, R-1-A and P.S. to C-2. Mr. Andrew, Chairman, stated that the Chair rules that the Commission will consider Items #4 and #12 as one public hearing item. Mr. Patrick Duggan, Attorney representing the petitioner, was present and stated the purpose of this rezoning request is to construct a dealership and the land in proximity to Livonia Mall has C-2 zoning to the north and east and P.S. on the south. Some of the advantages to this development is the parcels involved are three separate parcels, one already zoned P.S. and the other two could be developed as residential but he believes everyone would agree with P.S. and commercial fronting on Seven Mile it would have to become non-residential. He stated the plans as submitted will have absolutely no access off Melvin, will be landscaped and his client is not an out-of-town speculator; he_ is here tonight because he wants to use this parcel for something he will be extremely proud of. Mr. Duggan stated they are here tonight to talk specifics and what is presented tonight on drawings will be built and what they say will be built including landscaping and architectural design. 5073 • Mr. Robert Saks, petitioner, was present and stated that they had a choice of coming up with a concrete fence or a belt, and they decided to put in a greenbelt comparable to K-Mart's. They propose to barrier this all the way down at considerable cost and propose not to put any driveways off Melvin, only off Seven Mile Road. Mr. Saks stated he is presently an Oldsmobile dealer in Grosse Point and he wants to put up a showpiece in Livonia and blend his building with the area. He stated that the back section is for storage of new cars and that section will be hidden, if possible. There will be no reflection from lighting. Mr. Hand asked if the rear piece bordering Melvin and Clarita is included in the petition and what is the intention for the P.S. portion of the site. Mr. Saks stated 300' is included and he is purchasing the whole thing. Mr. Duggan stated there are no plans presently for P.S. use. Mr. Hand stated that the rear portion does not lend itself to office development; it does lend itself to parking facilities for the Oldsmobile dealership which now infringes down Melvin to a residential area. That land would also be available for development in a different way. Mr. Saks questioned if Mr, Hand is proposing that he use P.S, for parking cars. He stated it is possible that he could sell the P.S. since it is zoned P.S. Mr. Hand stated he has seen dealerships develop very nice development and then load the front of the lot with cars. Mr. Saks stated he has one of the nicest dealerships in Grosse Pointe and that is the type of operation he plans to run in Livonia; he is not emphasizing used cars here. . Mr. Andrew stated that a petition containing 39 signatures, 20 families, of people who basically reside on Melvin Avenue and who oppose the petition, has been received. He asked if there is a problem with turning movements on Seven Mile in relation to the Mall. Mr. Nagy stated the Engineering and Police Departments feel there is and since Seven Mile is a County Road, the ingress and egress to be established must be approved by the Wayne County Road Commission and since there is one opposite the ingress and egress at the Mall, there is a serious question regarding it. Mr. Nagy stated that we have, by letter, requested that that aspect of this petition be investigated with the Wayne County Road Commission. Mr. Saks stated he talked with a Mr. Grossman from the Wayne County Road Commission and was told to go ahead and present his plans; they don't see any problems. Mr. Thomas Clarke, 18214 Melvin, was present and stated he objects to the petition. He said this type of business will create traffic patterns in a high accident area, and that residents on Melvin have rejected improvement petitions because of the children in the area, Coolidge School and St. Priscilla Church. IL: Mr. Andrew questioned if the first two streets west of Melvin dead-end at the school. Mr. Clarke stated, yes, there is only one access and that is Curtis. 5074 Mr. Duggan stated there is no question there will be traffic with the dealership but the anticipated use of vehicles is five times as great for a medical office than a dealership. Mr. Wilbert Pieti, 18903 Melvin, stated that nothing has been said about the vacant 300' which borders on Clarita and asked what is going to be done about his. this. Mr. Andrew stated the lands lying south of Clarita are not being discussed--the man has indicated he does not own that property and there is no proposed use for the property at this time so the Commission will not discuss it. Mr. Robert Delter, 29764 Clarita, stated he objects to the whole thing because the bump shop will be to the rear of the building and questioned if they have to put in a fence or something. Mr. Andrew stated that decision rests with this Commission and the Council. Mr. Charles Daniels, 18903 Melvin, stated he does not doubt the petitioner's veracity but Melvin is a speedway now with children on bicycles and if this dealership goes in on Seven Mile, there is bound to be parking on the east side of Melvin and he can't police this area so there will be more accidents than there are now. Mr. Delter asked what will happen to the creek that was diverted when they built the Mall. to to Mr. Andrew stated the petitioner will have/relocate the drainage course if it actually carries Corm water. Mr. Donald Miller, 18332 Melvin, stated it is almost impossible to turn on to Melvin from Seven Mile and Mr. Saks is trying to make this an acceptable project by holding access off Melvin but this will greatly increase the traffic problem on Seven Mile. Mr. M. Goldberg, 29509 Lamar, stated that at the present time to get into this subdivision you have to come off Seven Mile down Melvin or Curtis from Middlebelt and the traffic is very bad and a youngster was killed before a light was put up at Purlingbrook. With this and the traffic from the Mall in mind, if he has a dealership there he will have to have an egress into that agency and there will be chaos on Curtis and Melvin at that point in the morning and at night. Mr. Howard King, 18947 Melvin, was present and objected to the petition. Mr. Jerome Pfeiffer, 29555 Hillbrook, stated that no matter what business goes in there the traffic problem will have to be solved but a car dealership should not be located in a buffer zone; there should be professional buildings and offices. Mr. Andrew asked how much stacking room there will be for cars on the property when they come in to be serviced and how many stalls. ILMr. Saks stated they can stack approximately 27 cars from Seven Mile to the service ' entry and they have 20 stalls, and an area where 10 cars will be when getting written up. Mr. Talbot stated that as far as Mr. Sak's proposal is concerned, he thinks what is being proposed is very good but he also has to consider what the people have said regarding traffic conditions. 5075 There was no one else present wishing to be heard on this item. Mr. Andrew, Chairman, declared the public hearing on this petition closed. On a motion duly made by Mr. Talbot and seconded by Mr. Hand, it was RESOLVED that, pursuant to a Public Hearing having been held on Petition 72-6-1-36 as submitted by Patrick Duggan, Attorney for Robert Saks Mechigian, to rezone property located south of Seven Mile Road, east of Melvin in the Northeast 1/4 of Section 11, from R-5, R-1-A and P.S. to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 72-6-1-36 be denied for the following reasons: (1) The proposed zoning change provides for uses that will be detrimental to the abutting residential neighborhood uses of the area. (2) The proposed zoning change will provide for an increase in intensity of land use that will cause an increase in commercial traffic to use an unimproved residential street. (3) The proposed zoning change will bring heavy commercial uses immediately opposite the front yards of a residentially developed area. (4) The proposed zoning change is inconsistent with the Livonia Mall Master Plan in that the proposed area of the zoning { change was to be a transitional and buffer area to be developed principally in office uses so as to provide the separation between the commercial uses located to the east from the residential uses occurring along the west side of Melvin. (5) The proposed zoning change will encourage the continued west- ward expansion of commercial uses along Seven Mile Road and will tend to convert other residentially zoned and developed land to commercial uses. (6) The proposed zoning change will discourage the orderly growth and development of the surrounding area and will tend to diminish the Master Plan land use recommendations for the balance of the lands fronting along Melvin Avenue immediately abutting the area under petition to the south. A roll call vote on the' foregoing resolution resulted in the following: AYES: Ftiedrichs, Hand, Talbot NAYS: Taylor, Kluver, Andrew ABSTAIN: Pinto ABSENT: Falk, Merrion Mr. Andrew, Chairman, declared the resolution fails for lack of support. On a motion duly made by Mr. Hand and seconded by Mr. Kluver, it was 5076 RESOLVED that, pursuant to a Public Hearing having been held on Petition 72-6-1-36 as submitted by Patrick Duggan, Attorney for Robert Saks Mechigian, to rezone property located south of Seven Mile Road, east of Melvin in the Northeast 1/4 of Section 11, from R-5, R-1-A and P.S. to C-2, the City Planning Commission does hereby determine to table Petition 72-6-1-36. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Hand, Kluver NAYS: Talbot, Taylor, Andrew ABSTAIN: Pinto ABSENT: Falk, Merrion • A motion was made by Mrs. Taylor to approve Petition 72...6.1-36, There was no support to the motion and the Chairman declared the motion is lost for lack of support. A motion was made by Mrs. Taylor and seconded by Mr. Kluver to reconsider a motion to table Petition 72-6-1-36. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Talbot, Taylor, Kluver NAYS: Hand, Andrew ABSTAIN: Pinto IL: ABSENT: Falk, Merrion Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver and seconded by Mr. Talbot, it was #8-207-72 RESOLVED that, pursuant to a Public Hearing having been held on Petition 72-6-1-36 as submitted by Patrick Duggan, Attorney for Robert Saks Mechigian, to rezone property located south of Seven Mile Road, east of Melvin in the Northeast 1/4 of Section 11, from R-5, R-1-A and P.S. to C-2, the City Planning Commission does hereby determine to table Petition 72-6-1-36 to the study meeting of September 19, 1972. A roll call vote on the foregoing resolution resulted in the following: AYES: Taylor, Talbot, Friedrichs, Kluver NAYS: Hand, Andrew ABSTAIN: Pinto ABSENT: Falk, Merrion Mr. Andrew, Chairman, declared the motion. is carried and the foregoing resolution adopted. • Mr. Andrew, Chairman, stated the Chair rules that Petition 72-7-2-22 by Robert Saks Mechigian, which is Item #12 on tonight's agenda, is also tabled. Mr. Kluver announced the next item on the agenda is Petition 72-7-1-37 by Harold Fischer for Elsner F Antonishek requesting to rezone property located on the north side of Ann Arbor Trail between Levan and Wayne Roads in the Southeast 1/4 of Section 32, from RUF to R-7. 5077 There were three letters in the file from property owners regarding this petition. One from Mr. & Mrs. Henry Fitz objecting to the rezoning; one from Ray Konrad object- ing to the rezoning, and one from Mrs. Kathleen Kegler stating this petition meets with her approval. Mr. Fischer was present and Stated he is speaking for the petitioners and owners of this property who are requesting the rezoning to R-7 to allow them to conform to some existing zoning in the area and to construct an adult condominium project. He stated the project meets all the requirements of the Planning Commission and conforms to all ordinances. The petitioners, he stated, are here to answer any questions. Mr. Walter Ansemn, 35598 Ann Arbor Trail,. was present and Stated this area has all fairly decent houses, Ann Arbor Trail is already congested and this development would be a hardship to everyone on the Trail. Mr. Kenneth Qualis, 35663 Ann Arbor Trail, was present and stated he lives across from the area and that Mr. Mahrley has been a good neighbor but questioned about who would be taxed for the sewage improvements, stating that he does not want to be taxed more for sewage for someone else's use and asked how paving would be apportioned for Ann Arbor Trail when it is improved. He stated they already have ample apartments and condominiums in this area and would rather like to see it developed into single family units . Mr. Andrew stated that if there should be an assessment for Ann Arbor Trail, it would be paid on a frontage basis and if the sewer is not a size sufficient to handle the capacity, this is a problem for the petitioners and there would be no cost to the people living on Ann Arbor Trail. Mr. Hand asked what would be the maximum number of units that could be developed on this site. Mr. Nagy stated, by rough calculation, 70 to 74 units . Mr. Talbot requested an estimation as to the number of single units that could go on the property. Mr. Nagy stated, two to the acre at RUF and four to the acre in R-1. Mr. James Lakes, 8960 Parent, objected to the rezoning because of the traffic situation and stated this is a high accident area, and the additional children. Mr. Talbot stated his belief that statistics will bear out the fact that apartments have no children to speak of whereas single dwellings will bring in more children. Mr. Lakes stated he disagreed with that and that they have checked up on the number of kids from other developments there that go to Lowell Jr. High School. Mr. Laban Parton, 35675 Ann Arbor Trail, Stated there would be no way for these people to get in or out without going onto Parent and with 72 dwellings proposed in addition to what is already in the area, he sees no way this should go in. He objected also to the R-7 zoning because of the possiblity of property value loss. Mrs. Friedrichs asked if there is a plan for the improvement of Ann Arbor Trail. Mr. Nagy stated it is on our Six Year Capital Improvement Program. 5078 There was no one else present wishing to be heard on this item. Mr. Andrew, Chairman, declared the Public Hearing on this petition is closed. On a motion duly made by Mr. Hand and seconded by Mrs . Friedrichs, it was #8-208-72 RESOLVED that, pursuant to a Public Hearing having been held on August 15, 1972 on Petition 72-7-1-37 as submitted by Harold Fischer for Elsner $ Antonishek to rezone property located on the north side of Ann Arbor Trail between Levan and Wayne Road in the Southeast 1/4 of Section 32, from RUF to R-7, the City Planning Commission does hereby recommend to the City Council that Petition 72-7-1•-37 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 uses of the area. (2) The proposed zoning change will provide for uses that will be consistent with new development occurring within the area. (3) The area of the proposed zoning change is of sufficient size, shape and location to accommodate the permitted land uses. 1 (4) The increase in intensity of the land use permitted by the R-7 Zoning District will be complemented by the openness of the parkway abutting the site to the north. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of July 26, 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 Depart- ments as listed in the Proof of Service . A roll call vote on the foregoing resolution resulted in the following: AYES: Pinto, Taylor, Talbot, Friedrichs, Hand, Kluver NAYS: None ABSTAIN: Andrew ABSENT: Falk, Merrion Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is Petition 72-6-2-16 by James Lyos requesting to be granted a waiver use approval to construct a restaurant on the west side of Merriman Road, north of Five Mile Road in the Southeast 1/4 of Section 15. 5079 (000 Mr. Seymour Zate was present representing Mr. Lyos, the petitioner, and stated they propose to use a portion of this property for a restaurant and that they have the plans which are required. Mr. Andrew stated there is a letter in the file from Donald F. Carter, Church of Christ, 15431 Merriman Road, which states that the Church has no objection to the proposed petition and would, in fact, find this restaurant a welcome addition to the neighborhood. Mr. Zate stated they will be required to have a masonry wall on the north side; that they have an opening so that the people from the Church can use the parking lot on a Sunday morning when there would be little business at the restaurant. He stated this is to be a Flaggs Restaurant. Mr. Hand asked the definition of a fast-food restaurant, and if it meets all parking requirements. Mr. Zate stated that would be a restaurant where you would stand to order your food and then take it with you. Mr. Nagy stated that, based on the seating capacity of the restuarant, it meets the parking requirements. Mr. Andrew asked if the driveway on the south side of the restaurant is on his property. Mr. Zate stated, no. Mr. Nagy stated that Marathon owns all the area. Mr. Andrew asked if there is another Flaggs Restaurant in the area. Mr. Zate stated thereis one at Middlebelt and I-94 near the airport and another which is further out I-94 going west on Belleville Road. Mr. Hand questioned if they included that portion where that second egress is and included that parking that is involved, would the existing gas station then meet the code from the area standpoint. Mr. Nagy stated, no. Mr. Andrew stated that the northerly driveway conflicts with the entrance to the Merriman Five Shopping Center. Mr. Hand questioned what the distance is from the driveway to the intersection of Five Nile and Merriman where the shopping center is located. Mr. Azate stated, 375' . Mr. Ray Sheldon, Marathon Oil Company, stated this is a three-way agreement-- Showerman, Marathon and James Lyos. Mr. Andrew stated that at the time they received their zoning for the Marathon Station, there was talk of a Bill Knapp's .going in here. 5080 Mr. Sheldon stated that is true but that didn't come to pass--Mr. Lyos was a franchised agent for Biff's, but dropped that and changed to Flaggs. He stated the new restaurants have been upgraded and are very superior to the Biff's. There was no one else present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 72-6-2-16 closed. On a motion duly made by Mr. Hand, seconded by Mrs. Taylor and unanimously adopted, it was #8-209-72 RESOLVED that, pursuant to a Public Hearing having been held on August 15, 1972 on Petition 72-6-2-16 as submitted by James Lyos requesting to be granted a waiver use approval to construct a restaurant on the west side of Merriman Road, north of Five Mile Road in the Southeast 1/4 of Section 15, the City Planning Com- mission does hereby recommend to the City Council that Petition 72-6-2-16 be denied for the following reasons: (1) The area as petitioned for would leave the existing gasoline service station in non-conformance with the Zoning Ordinance requirements. (2) The introduction of this restaurant would increase the number of ingress and egress points onto Merriman Road to eight within a-distance of 375' from the intersection of Five Mile Road, creating a hazardous traffic conflict in this area. (3) The offset in alignment between the proposed driveway for the restaurant and the existing driveway for the shopping center would create a hazardous traffic conflict. FURTHER RESOLVED that, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is Petition 72-7-2-17 by Thomas and Robert Armstong requesting to be granted a waiver use approval to erect a new and used car dealership on property located on the north side of Plymouth Road between Sears and Middlebelt in the Southwest 1/4 of Section 26. Mr. Armstrong, petitioner, was present and stated they propose to build this dealership back from the road about 120' and to have outside display. He said they had taken into consideration some of the things the Planning Commission had mentioned when they drove by some existing dealerships and when Mr. Seger drew these plans he took those things into mind. They have plans to build this dealership back from the road because they want people to park their cars and come in. He stated they have designed this with two entrances and exits; 1[40 one off Sears and the other is off Plymouth as far away from the intersection as it could be put, and have taken some of the best ideas of the Planning Commission to give the best they can. .Mr. Seger stated that, as requested, he went over the landscaping plan with Mr. 5081 Shane and this is the result of it. Mr. Nagy stated the Planning staff has reviewed the site plan and sympathizes with the concept but would be very unhappy with a 1 1/2" tree and should have mature trees and something better in plantings along the service side. He said he finds fault with the numbers and sizes of the initial plantings. Mr. Hand stated this plan is a departure from the original plan that was shown to the Commission some time back; the original plan showed the used car lot on the east side with no cars parked in the front, and questioned why the change in the concept was made. Mr. Armstrong stated they have to handle the people in and out, it is not just display and there are a lot of things about our business that are not attractive like the bump shop cars and customer cars while we are working on the. He stated these have to go some place and they have tried hereto put these cars in the back and the body shop is in the rear and from the street you should see the large mall area. Mr. Hand questioned the location of the visitors parking being changed from the original plan. Mrs. Taylor asked approximately how much stacking space is there. Mr. Armstrong stated approximately 30 cars. Mr. Seger stated there are four service writers and the concept is to get the 1110 people off the street into the service area, Mrs. Taylor questioned the possibility of increasing the greenbelt along Plymouth Road in front of the used car section. Mr. Seger stated they have added to the greenbelt on Sears by nine feet. There was no one else present wishing to to be heard on this item. Mr. Andrew, Chairman, declared the public hearing on Petition 72-7-2-17 closed. On a motion duly made by Mr. Talbot and seconded by Mrs. Friedrichs, it was #8-210-72 RESOLVED that, pursuant to a Public Hearing having been held on August 15, 1972 on Petition 72-7-2-17 as submitted by Thomas and Robert Armstrong requesting to be granted a waiver use approval to erect a new and used car dealership on property located on the north side of Plymouth Road between Sears and Middlebelt in the Southwest 1/4 of Section 26, the City Plan- ning Commission does hereby recommend to the City Council that Petition 72-7-2-17 be approved for the following reasons: (1) The proposed use is compatible to and consistent with the surrounding uses of the area. (2) The proposed use complies with all of the requirements of Zoning Ordinance #543. 5082 CONDITIONS OF APPROVAL: (1) That Site Plan #L-1, dated 8/11/72, which is hereby approved, shall be adhered to. (2) That Architectural Elevation Drawing #A-3, dated 3/5/72, which is hereby approved, shall be adhered to. (3) That a detailed landscape plan showing the full landscape treatment of the site as well as any free-standing signs, light standards, their design and location shall be sub- mitted to the Planning Commission before issuance of a building permit. (4) That all landscape materials as shown on the approved plan shall be installed before issuance of a Certificate of Occupancy. 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: Talbot, Taylor, Friedrichs, Andrew NAYS: Hand, Kluver ABSTAIN: Pinto 118; ABSENT: Falk, Merrion Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is Petition 72-7-2-19 by American Oil Company requesting to be granted a waiver use approval to construct.a service station on property located on the northeast corner of Six Mile Road and Haggerty in the Southwest 1/4 of Section 7. Mr. Don Madigan was present and stated that previously they were granted a waiver use approval on this property but because there were no sewers available for storm water Wayne County would not allow them to put in approached so they held off for a year. The line was brought in in 1971 and then we had a-problem because there was no saitary sewer and none was planned at the time. Mr. Madigan stated they had to get a permit from the Wayne County Health Department for the sanitary sewer and now all they need is the waiver use approval. Mr. Nagy stated there is fault with the landscaping plan but the waiver use could be approved subject to submittal of a landscaping plan. Mr. Hand questioned if this station will be owned and operated by American Oil Comp any. Mr. Madigan stated it will be leased. There was no one else wishing to be heard on this item. Mr. Andrew declared the public hearing on Petition 72-7-2-19 closed. 5083 On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted, 16; it was #8-211-72 RESOLVED that, pursuant to a Public Hearing having been held on August 15, 1972 on Petition 72-7-2-19 by American Oil Company requesting to be granted a waiver use approval to construct a service station on property located on the northeast corner of Six Mile Road and Haggerty Road in the Southwest 1/4 of Section 7, the City Planning Commission does hereby recommend to the City Council that Petition 72-7-2-19 be approved for the following reasons: (1) The proposed use complies with the requirements of Zoning Ordinance #543 and the special waiver use standards for gasoline service stations . CONDITIONS OF APPROVAL: (1) That Site Plan #0008, dated June 13, 1972, shall be adhered to. (2) That a detailed landscape plan showing the full landscape treatment of the site shall be submitted to the Planning Commission for approval within thirty (30) days. (3) That all landscape elements as shown on the approved landscape plan shall be installed before issuance of a Certificate of Occupancy. (4) That all landscape planting materials shall be kept in a healthy condition and permanently maintained. FURTHER RESOLVED that, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service . Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is Petition 72-7-2-18 by E. Frank Craver requesting to be granted a waiver use approval to construct a funeral home on property located on the north side of Five Mile Road between Doris and Oporto in the Southeast 1/4 of Section 14. • Mr. Frank Craver, petitioner, was present and stated he has lived here for fourteen years and would like to bring his business out here too. Mr. Andrew stated the Commission has studied this petition and one of its concerns is whether or not they should advocate the erection of a wall to the north of this property and also along the east side, which are required by Ordinance, and would like some reaction from the neighbors of the area. Mr. Michael Reiser, 15429 Doris, stated that the petitioner has contacted most of the people in the area and has been very cooperative. Mr. Reiser said he doesn't know of anyone in the areawho is opposed to the plan but they would like to see the drive on Doris deleted., 5084 Mr. Andrew asked if the petitioner would have any objection to deletingthe driveway on Doris. Mr. Craver stated, none at all; whatever they want. Mr. Talbot questioned if it would be necessary to put in the wall if something else could be substiuted which would look better than a stone wall along the structure. Mr. Pinto stated he leans toward requiring a wall because landscaping often times dies; that along the northerly line he would be inclined to the wall but wouldn't object to the landscaping also. Mr. Craver stated he thought he would go for a wall. Mr. Pinto stated it is his feeling that the wall along the northerly side should be shown on the site plan and that no mention should be made of the wall on the easterly line and if Mr. Craver chose to go to the Zoning Board of Appeals, he may, but the northerly wall should be on the site plan as an extra requirement of this Board. Mrs. Taylor asked for an indication as to the lights proposed. Mr. Craver stated the parking lot is not very close to a lot line at any place; there is 150 to 180 feet between any parking place and homes. He said they don't need bright lights at all because they are only open until 9:00 at night. There was no one else wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on Petition 72-7-2-18 closed. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted, it was #8-212-72 RESOLVED that, pursuant to a Public Hearing having been held on August 15, 1972 on Petition 72-7-2-18 as submitted 'by E . Frank Craver requesting to be granted a waiver use approval to construct a funeral home on property located on the north side of Five Mile Road between Doris and Oporto in the Southeast 1/4 of Section 14, the City Planning Commission does hereby recommend to the City Council that Petition 72-7-2-18 be approved for the following reasons: (1) The proposed use will be compatible to and in harmony with surrounding uses of the area. (2) The proposed use complies with all of the requirements of Zoning Ordinance #543 and the special standards of the P.S. waiver use district regulations. (3) The proposed use is consistent with the planned use as indicated at the time that the zoning change was approved. CONDITIONS OF APPROVAL: : (1) That Site Plan #2088, dated 2/23/72, which is hereby approved, shall be adhered to. 5085 (2) That Building Elevation Plan dated 7/10/72 and Floor Plan #2067, which are hereby approved, shall be-adhered to. (3) That Landscape Plan, File No. 148, dated 7/20/72, which is hereby approved, shall be adhered to with all elements of the Landscape Plan to be installed before issuance of a Certificate of Occupancy. (4) That the wall on the north boundary line shall be shown on the Site Plan and defined as such. (5) That a lighting plan shall be submitted to the Planning Commission for approval. (6) That the driveway egress to Doris Avenue shall be eliminated. FURTHER RESOLVED that, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is Petition 72-7-2-20 by Carl W. Riegal requesting to be granted a waiver use approval to construct an island hut on the pump island in front of the existing station located on the west side of Merriman Road between Schoolcraft and the C & 0 Railway in the Northeast 1/4 of Section 27. Mr. Riegal, petitioner, was present and stated he would like to give more gasoline service to his customers and community and he would like to put something up to put his money in at night. Mr. Andrew questioned if this is similar to the building at Sears and Roebuck. Mr. Riegal said, yes, same height. Mr. Hand stated he thinks the introduction of another building, no matter what size it may be, on a gas station site does not provide for better service to the customer and he is opposed to it because he doesn't think it can do anything but hinder the service and obstruct cars coming in and this may set a precedent for every other gas station in the City. Mr. Pinto said he gathers the object of the hut is so that the operation of the station can be left open twenty-four hours a day without the main building and if there is only one man servicing customers from the hut, that man is rather vulnerable to someone who drives up and wants more than gas. Mr. Riegal stated there will be a safe in there and the l will be no change of money involved. He said things have progressed beyond the point of an every day service station and the business he is mainly interested in is tires and service but he still wants to sell gasoline and because of his inventory, he doesn't feel he can send mechanics home and leave the station open for people to be wandering in. He believes with this hut he can give service to his customers and protect himself too. There was no one else present wishing to be heard regarding this petition. 5086 Mr. Andrew announced the Public Hearing on Petition 72-7-2-20 closed. On a motion duly made by Mr. Hand, and seconded by Mr. Pinto, it was RESOLVED that, pursuant to a Public Hearing having been held on August 15, 1972 on Petition 72-7-2-20 as submitted by Carl W. Riegal requesting to be granted a waiver use approval to construct an island hut on the pump island in front of the existing station located on the west side of Merriman Road between Schoolcraft and the C $ 0 Railway in the Northeast 1/4 of Section 27, the City Planning Commission does hereby recommend to the City Council that Petition 72-7-2-20 be denied. A roll call vote on the foregoing resolution resulted in the following: AYES: Pinto, Hand, Andrew NAYS: Friedrichs, Talbot, Taylor, Kluver ABSENT: Falk, Merrion Mr. Andrew, Chairman, declared the resolution fails for lack of support. On a motion duly made by Mr. Kluver and seconded by Mr. Talbot, it was #8-213-72 RESOLVED that, pursuant to a Public Hearing having been held on August 15, 1972 on Petition 72-7-2-20 as submitted by Carl W. Riegal requesting to be granted a waiver use approval to construct an island hut on the pump island in front of the existing station located on the west side of Merriman Road between Schoolcraft and the C & 0 Railway in the Northeast 1/4 of Secticn 27, the City Planning Commission does hereby recommend to the City Council that Petition 72-7-2-20 be approved for the following reason: (1) The proposed use is consistent with and complementary to the existing use already established on the site. (2) The prop;,sed use represents a very minor addition to the established use of the site. CONDITIONS OF APPROVAL: (1) That Site Plan #MR:532, dated 10/25/68, which is hereby approved, shall be adhered to. (2) That Building Elevation Plan #1209, dated 5/1/72, which is hereby approved, shall be adhered to. 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: Talbot, Taylor, Friedrichs, Kluver NAYS: Pinto, Hand, Andrew ABSENT: Falk, Merrion Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 5087 111 Mr. Kluver announced the next item on the agenda is Petition 72-7-2-21 by Rodney C. Kropf requesting to be granted a waiver use approval to construct a Big Boy Restaurant on property located on the south side of Six Mile Road between Newburgh Road and Levan Road in the Northwest 1/4 of Section 17. Mr. Rodney C. Kropf, Attorney, was present stated that in behalf of the petitioner this matter is before the Commission to seek a restaurant approval on property owned by the Newburgh Building Company. He stated this was previously involved in litigation with the City which came about when they attempted to put a Topps on the property. Mr. Kropf said this will be a free-standing building and a non-drive-in restaurant and it is for the Commission to decide whether or not this meets the requirements of the judgment. Mr. Hand said that what bothers the Commission most is that before any opportunity has been given to evaluate the Center itself and its ultimate development, the petitioner is already in for a waiver use for a restaurant and this makes it extremely difficult to evaluate the Center or the restaurant. He said when the plans were made for the Center, these plans were to come in at a much later • date and he can't understand the departure from the original timetable. Mr. Kropf stated that evidently the property owner feels there is a need for a Big Boy. possibly Mr. Andrew said, this is the fifth Big Boy in Livonia and/another going in on Five Mile and Levan and that Mr, Kropf can convey to Mr. Frankel that one member of this Commission is extremely disappointed in this type of development and it seems odd to him that Mr. Frankel can develop developments like Somerset Mall and then come in and put this in Livonia. Mr. Pinto asked if this is Company owned. Mr. Kropf stated this is not a franchise operation; it is owned by Elias Brothers. Mr. Feinberg, Assistant City Attorney, read from the Consent Judgment paragraph (g) which outlined the type of use which can be placed on this property. Mrs. Taylor asked if any other restaurants had been considered. Mr, Kropf stated he didn't know; he was asked to represent these people for this particular restaurant and they apparently think this is a very desirable location. Mr. Charles Flint, 36834 Six Mile, stated it seems to him that every time he turns around there is harassment over this corner and you can't even get into the bank parking lot for the traffic. He said that due to the lateness of the hour, most of the people who were here to object to this petition went home. Mr. Flint said he can'see why a judge can say that a restaurant is the only thing to be located on this site; he had counted 110 restaurants , taverns and dairy bars in this area and doesn't think another is needed; this is uncalled for. Property owner living at 17189 Fitzgerald stated his concern is the traffic in this will be going through the residential streets being a hazard to the children. Mr. Flint stated he had called the City when he move out here and was told that professional services were being considered in this area. He objects to this petition because he believes there is traffic enough on Six Mile Road. 5088 Mr. Murlin Heidelmeyer, 17271 Fitzgerald, stated his objection to the restaurant. There was no one else present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the Public Hearing on Petition 72-7-2-21.closed. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was #8-214-72 RESOLVED that, pursuant to a Public Hearing having been held on August 15, 1972 on Petition 72-7-2-21 as submitted by Rodney C. Kropf requesting to be granted a waiver use approval to construct a Big Boy Restaurant on property located on the south side of Six Mile Road between Newburgh Road and Levan Road in the North- west 1/4 of Section 17, the City Planning Commission does hereby determine to table this item until the study meeting of September 19, 1972. --Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced that Petition 72-7-222 by Robert Saks Mechigian had been tabled earlier in the meeting by the Planning Commission and that the next item on the agenda is Petition 72-7-8-11 by Ralls-Hamill-Becker Associates, Inc. , requesting approval of all plans required by Section 18.47 of Ordinance #543, as amended by Ordinance #990, submitted in connection with a four-story office building pro- posed to be located on the south side of Roycroft between Farmington Road and Westmore Avenue in Section 15. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted, it was #8-21572 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, the City Planning Commission does hereby recommend to the City Council that Petition 72-7-8-11 as submitted by Ralls-Hamill-Becker Associates, Inc., requesting approval of all plans required by Ordinance #990 in connection with a four-story office building proposed to be located on the south side of Roycroft between Farmington Road and Westmore Avenue in Section 15, be approved subject to the following con- ditions: on-ditions: (1) That Site Plan dated July 25, 1972, which is hereby approved, shall be adhered to in all details. (2) That Building Elevation Plan dated July 25, 1972, which is hereby approved, shall be adhered to. (3) That a detailed landscape plan showing the full landscape treatment of the site shall be submitted to the Planning Commission for approval within thirty (30) days from the date of this approval. (4) That all elementsof the landscape a dsc pop plan Occshall be installed before issuance of a 5090 Discussion was held regarding provision for an acceleration and deceleration lane. Mr. Pinto stated that it seems to him that one of the advantages to this would be the lesser amount of traffic that you would expect on C-2 property and felt it would not be fair to expect this petitioner to provide improvements which would be used more by other uses. There was no one else present wishing to be heard regarding this petition. On a motion duly made by Mr. hand, seconded by Mr. Kluver and unanimously adopted, it was #8-216-72 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, the City Planning Commission does hereby recommend to the City Council that Petition 72-7-8-12 as submitted by James P. Lawson requesting approval of all plans required by Ordinance #990 in connection with an enclosed tennis facility proposed to be located on the east side of Newburgh Road, north of Six Mile Road in Section 8, the City Planning Commission does hereby recommend to the City Council that Petition 72-7-8-12 be approved subject to the following conditions: (]) That a detailed landscape plan outlining the number, types and sizes of plant materials to be installed on the site shall be submitted to the Planning Commission for approval prior to issuance of a building permit. (2) That a building elevation plan showing building height and materials and color of materials shall be submitted to the Planning Commission for approval. (3) Should the operation of this facility not be continued as an indoor tennis facility, that the building will be disassembled and removed within six months. (4) That the radii on the entrances and exits to Newburgh Road shall conform to Wayne County Road Commission standards and to the requirements of the Engineering Division of the City of Livonia. (5) If a sign is tobe attached to the building, or a free- standing sign is to be erected on the site, that a plan . showing details of any sign be submitted to the Planning Commission for approval. FURTHER RESOLVED that, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr, Kluver announced the next item on the agenda is a request for approval of a plan showing the dosing and location of a sign submitted in connection with a condition of approval of Petition 72-2-2-3 by John F.S. Yee, requesting to be granted a waiver use approval 5089 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is Petition 72-7-8-12 by James P. Lawson requesting approval of all plans required by Section 18.47 of Ordinance #543, as amended by Ordinance #990, submitted in connection with an enclosed tennis facility proposed to be located on the east side of Newburgh Road, north of Six Mile Road in Section 8. Mr. James P. Lawson, petitioner, was present and stated they are here to ask for plan approval for the indoor tennis facility and that they have a rendering and a model of it and the City has another model which indicates the height in relation to the other houses. They have taken suggestions offered and tried to put them into use and apply them to the extent that this building will be sunk into the ground and have a lower roof level and the lighting system level can be lowered. He stated the tennissport is developing to a great extent but _they are not in direct competition with any other business and there is a definite need for this use. Mr. Lawson said they probably generate the lowest and smallest traffic pattern of anything that could be put into this area; any other type of retail business would generate a much . higher traffic pattern and they have more than adequately provided for the parking that will be needed. Mr. Hand stated he assumes the relationship of the trees to the building reflects a mature, full-grown tree and he is sure Mr. Lawson heard the discussion about small trees previously and questioned if Mr. Lawson would be willing to complement this building with trees that are of an adequate size so they, in a few years, will accomplish the screening he is trying to accomplish. Mr. Lawson stated, yes; and the lighting will be screened by shrubbery. Mr. John Hookey, 36698 Richland, stated he is representing the Livonia Tennis Club which is the only organized tennis club in the City and the need for this facility is obvious . He stated they are neutral with regard to any specific plan but the need for the facility is here and urges that the Planning Commission to provide this kind of facility in Livonia. Mrs. Virginia Carpenter stated she does not live in the area but question if this will be a private club or open to the public; if there are plans for a facility like this at Ford Field, and what are the hours of operation. Mr. Lawson stated it will be open to the public on a paying proposition and there will be memberships in the club and will be open from 7 a.m. to 10 p.m. seven days a week. Mr. Nagy stated only outdoor tennis facilities are planned for Ford Field. Mr. Pinto: stated that the YMCA has announced plans for such a facility. He questioned how many tennis courts there will be. Mr. Lawson stated eight tennis courts are proposed; four in each arm of the L. Mr. Pinto asked what would be the maximum number of cars in the parking lot if I: all courts were being used. Mr. Lawson stated that there would be 32 people if all drove separately, or with 32 going on 32 going off, that would be 64. • 5 091 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. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted, it was #8-217-72 RESOLVED that, pursuant to a request by Philip Pisto for approval of a plan showing the design and location of a sign submitted in connection with a condition of approval of 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 in the Northeast 1/4 of Section 4, the City Planning Commission does hereby approve the sign design and location as shown on Sign Design Plan dated 8/15/72 and signed by Philip Pisto subject to the following conditions: (1) That the Sign Design Plan as submitted by the Petitioner be adhered to. (2) That the previously approved Site Plan is hereby revised and approved with respect to the location of the ground sign. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is Petition 72-5-2-12 by by Michael Vorgitch requesting a waiver use approval to operate an automobile repair shop on property located on the south side of Ann Arbor Road between Hix and Knolson in the Southwest 1/4 of Section 32. On a motion duly made by Mrs. Taylor, seconded by Mr. Kluver and unanimously adopted, it was • #8-218-72 RESOLVED that, pursuant to a Public Hearing having been held on July 18, 1972 on Petition 72-5-2-12 as submitted by Michael Vorgitch, requesting to be granted a waiver use approval to operate an automobile repair shop on property located on the south side of Ann Arbor Road between Hix and Knolson in the Southwest 1/4 of Section 31, the City Planning Commission does hereby recommend to the City Council that Petition 72-5-2-12 be approved for the following reasons: (1) The proposed use complies with all of the requirements of Zoning Ordinance #543. (2) The proposed use is compatible to and in harmony with the surrounding uses of the area. CONDITIONS OF APPROVAL: (1) That Site Plan dated May 30, 1972, which is hereby approved, shall be adhered to provided, however, that the approved Site Plan shall include: • 5092 (a) The exact location of any free-standing signs proposed to be erected and the Site Plan and/or Architectural Elevation Plan shall indicate the design, overall dimension, height from ground level and method of i l luminati on of any such sign. (b) The approved Architectural Elevation and/or Site Plan shall show the design, height from ground level, and direction of illumination of any lighting facilities . (c) A protective wall, pursuant to Section 18.45 of Ordinance #543, shall be shown along the entire southerly property line and said Site Plan and/or Architectural Elevation Plan shall indicate the proposed material to be used and such material shall simulate the brick veneer to be used on the proposed automobile tune-up shop. (2) No outside storage or trash receptacles, or any such other items, shall be permitted within the front or side yard provided, however, that any such storage occurring in the rear yard shall be screened from view by a method to be so indicated on the approved Site Plan. (3) No overnight storage of, automobiles or trucks shall be permitted in the front or side yards. (4) The entire parking lot to be initially installed pursuant to the approved Site Plan shall be improved with a permanent hard surface as per City of Livonia Engineering specifications prior to issuance of a Certificate of Occupancy unless waived by the Planning Commission for a specified period of time. (5) That the Building Elevation Plan # which is hereby. approved, shall be adhered to. (6) That all landscape materials as shown on the approved Site Plan shall be installedprior to issuance of a Certificate of Occupancy and shall thereafter be permanently maintained in a healthy condition . (7) That the 12' drive as shown on the approved Site Plan to be located east of the proposed automobile tune-up shop shall be permanently improved with a permanent, hard surface as per City of Livonia Engineering specifications prior to issuance of a Certificate of Occupancy and shall be kept permanently unobstructed. FURTHER RESOLVED that, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 5093 • Mr. Kluver announced the next item on the agenda is Petition 72-5-1-31 by James ' 11. Carell requesting to rezone property located on the east side of Purlingbrook, south of Eight Mile Road in the Northeast 1/4 of Section 2, from R-1 to R-6. On a motion duly made by Mr. Pinto, seconded by Mr. Kluver and unanimously adopted, it was #8-219-72 RESOLVED that, pursuant to a Public Hearing having been held on July 18, 1972 on Petition 72-5-1-31 as submitted by James M. Carell requesting to rezone property located on the east side of Purlingbrook, south of Eight Mile Road in the Northeast 1/4 of Section 2, from R-1 to R-6, the City Planning Commission does hereby recommend to the City Council that Petition 72-5-1-31 be denied for the following reasons: (1) The increased density of the R-6 District Regulations would adversely affect the area. (2) The proposed zoning change would be detrimental to the orderly growth and development of the surrounding area. (3) With the increased density as permitted by the R-6 District regulations, it would burden the existing public facilities and City utilities in the area. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer under date of June 28, 1972 and notice of such hearing was sent to the Detroit Edison Compnny, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is a request for approval of a landscape plan submitted in connection with Petition 72-6-2-15 by Holy Trinity Lutheran Church requesting to be granted a waiver use approval to build a new sanctuary and Sunday School addition on an existing church located on the north side of Five Mile Road between Knolson and Haggerty Roads in the Southwest 1/4 of Section 18. On a motion duly made by Mr. Pinto, seconded by Mr. Kluver and unanimously adopted, it was #8-220-72 RESOLVED that, the City Planning Commission does hereby approve Landscape Plan dated August 15, 1972 submitted in connection with Petition 72-6-2-15 by Holy Trinity Church requesting to be granted a waiver use approval to build a new sanctuary and Sunday School addition on an existing church located on the north side of Five Mile Road between Knolson and Haggerty Roads in the Southwest 1/4 of Section 18, subject to the following conditions: (1) That Landscape Plan dated August 15, 1972 shall he adhered to. 5094 Ili:00 (2) That all elements of the Landscape Plan shall be installed before issuance of a Certificate of Occupancy. (3) That all landscape materials installed shall be permanently maintained and kept in a healthy condition. (4) That all landscape materials as shown on the approved plan shall be installed before issuance of a Certificate of Occupancy or as may otherwise be extended by the City Planning Commission. Mr. Andrew, Chairman, declared the moiton is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is Petition 72-5-2-10 by St. Mary's Orthodox Church requesting to be granted a waiver use approval to erect a church on property located on the east side of Merriman Road between Six and Seven Mile Roads in the Southwest 1/4 of Section 11. On a motion duly made by Mr. Pinto, seconded by Mr. Kluver and unanimously adopted, it was #8-221-72 RESOLVED that, pursuant to a Public Hearing having been held on June 27, 1972 on Petition 72-5-2-10 as submitted by St. Mary's Orthodox Church requesting to be granted a waiver use approval to erect a church on property located on the east side of Merriman Road between Six and Seven Mile Roads in the Southwest 1/4 of Section 11, the City Planning Commission does hereby recommend to the City Council that Petiticn 72-5-2-10 be approved for the following reasons: (1) The proposed use will be compatible to and in harmony with • the surrounding uses of the area. . (2) The proposed use and its development plan complies with all of the requirements of Zoning Ordinance #543. CONDITIONS OF APPROVAL: • (1) That Site Plan dated August 2, 1972, which is hereby approved shall be adhered to. (2) That Euildir_g Elevation Plan dated August 2, 1972, which is hereby approved, shall be adhered to. (3) That a landscape plan shall be submitted to the Planning Commission for approval within thirty (30) days from the date of this approval. (4) That all elements of the landscape plan shall be installed before issuance of a Certificate of Occupancy. FURTHER RESOLVED that, notice of the above Public Hearirg was sent to property owners within 500 feet, petitioner. and City Departments as listed in the Proof of Service. 5095 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is a resolution by the City Planning Commission relative to the 1-96/I-275 Corridor Master Plan. On a motion duly made by Mr, Kluver, seconded by Mr. Talbot and unanimously adopted, it was #8-222-72 RESOLVED that, the City of Livonia Planning Commission has reviewed, in detail, the I-96/I-275 Corridor Master Plan, Phase I, prepared by the City Planning Department staff and hereby takes this means to inform the City Council that it concurs in the recommendations set forth in this Plan; and FURTHER RESOLVED that, the Commission desires to have a joint meeting with the City Council to review and explain the I-96/I-275 Corridor Master Plan and to seek agreement on the land use recommendations and formal adoption of the Plan, and further, to work with the City Council in the effectuation of the Master Plan and the recommended land use classifications . Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is a resolutionby the City Planning Commission commending H. Dow Tunis for service on the City Planning Commission. On a motion unanimously made and supported the following resolution was unanimously adopted: #8-223-72 WHEREAS, H. Dow Tunis has diligently served on the City Planning Commission fer three years , beth as an officer and member, and has unselfishly given of his time and talents to help Livonia formulate development policies and guide its growth and develop- ment in an orderly manner; and WHEREAS, in the course of such service he has exerted leadership and set an example by his extreme dedication to the formulation of a sound planning program; and WHEREAS, he has withstood public pressure to make unbiased judgments for the betterment of the entire City; and WHEREAS, his willingness to participate and give freely of his time for all worthwhile cause relating to the improvement of our City is an example for all public officials and public servants, NOW, THEREFORE, BE IT RESOLVED that the City of Livonia Planning Commission and Planning Director take this means to express their sincere appreciation and heartfelt thanks to H. Dow Tunis for a job well done. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 5096 Mr. Kluver announced the next item on the agenda is a resolution by the City Planning Commission amending Section 10 of Article VI , Hearings, of the Commission's Rules of Procedure. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and _unanimously adopted, it was #8-224-7Z RESOLVED that, the City Planning Commission does hereby amend Section 10 of Article VI, Hearings, of the Commission's Rules of Procedure so as to read: "When the Commission acts by resolution, the resolution shall become effective seven (7) days after the adoption of said resolution except as may otherwise be provided in the resolution." Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Hand and seconded by Mr. Kluver, it was #8-225-72 RESOLVED that, the minutes of the meeting held by the City Planning Commission on June 27, 1972 are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Pinto, Talbot, Taylor, Hand, Kluver NAYS: None ABSTAIN: Friedrichs, Andrew ABSENT: Falk, Merrion Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver and seconded by Mr. Hand, it was #8-226-72 RESOLVED that, the minutes of the meeting held by the City Planning Commission on August 8, 1972 are hereby approved. A roll call vote on the foregoing resolution resulted in the followipg: AYES: Friedrichs, Pinto, Talbot, Hand, Kluver, Andrew NAYS: None ABSTAIN: Taylor ABSENT: Falk, Merrion Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda is Petition 72-7-5-3 by Jack B. Anglin requesting to remove topsoil from property located on the south side of Seven Mile, west of Wayne Road in the Northeast 1/4 of Section 8. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted, it was 5097 #8-227-72 RESOLVED that, in conformance with Section 18.13D of Ordinance #543, the Zoning Ordinance of the City of Livonia; the City Planning Commission does hereby grant Petition 72-7-5-3 by Jack B. Anglin requesting to remove topsoil from property located on the south side of Seven Mile Road, west of Wayne Road in the Northeast 1/4 of Section 8, subject to compliance with regulations of the Engineering Division and Police Depart- ments for the following reason: (1) The removal of topsoil will not adversely affect any :adjacent development and will not adversely affect the development potential of the site. FURTHER RESOLVED that, the applicant shall deposit with the City Clerk a corporate surety bond in the amount of $5,000 and a cash bond in the amount of $500.00; such bonds shall be for an indefinite period until released and discharged by resolution of the City Planning Commission, and FURTHER RESOLVED that, the applicant shall apply for and obtain the permit herein authorized with thirty (30) days from the date of this res olnti on. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 244th Regular Meeting held by the City Planning Commission on August 15, 1972 was adjourned. CITY PLANNING COMMISSION erman H. Kluver, Secretary ATTEST: Daniel R Andrew, Chairman