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HomeMy WebLinkAboutPLANNING MINUTES 1972-09-05 5101 MINUTES OF THE 245th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, September 5, 1972 the City Planning Commission of the City of Livonia held its 245th 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 8:15 p.m. with approximately 75 interested persons in the audience. Members present: Daniel R. Andrew Joseph J. Talbot David F. Merrion Francis M. Hand Suzanne Taylor Joseph Falk Herman H. Kluver Charles Pinto Members absent: Esther Friedrichs (out of town- Boston) 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 the evening's agenda involve a question of rezoning or vacating then the Planning Commission will recommend to the City Council that certain action be taken whereupon the Council will ultimately decide whether or not to approve or deny a petition. Further if a petition involves a waiver of use approval that is denied, the petitioner has ten days in which to appeal the decision to the Council. Mr. Herman Kluver, secretary read the first item on the agenda, Petition 72-7-1-38 by Kenneth A. Neal, Attorney for E. David Auer, requesting to rezone property located at the southeast corner of Wayne Road and Ann Arbor Trail in the Southwest 1/4 of Section 33, from RUF and C-1 to R-7. Mr. Neal, Attorney, was present and displayed a sketch of the proposed multiple dwelling. He stated that they had met with the two Civic Associations in the area. Mr. Ed Ruther, 9314 Florida, was present. Mr. Ruther was speaking in the capacity of Chairman of the Congregation of Timothy Lutheran Church. He advised the Commission that the church property extended beyond the ravine and they would be completely without access if the proposed dwelling was permitted. Mr. Andrew asked how they got back there now. Mr. Ruther stated there was a road there that they used. The property extended and included a road to the ravine. Someone made a mistake. Mr. Andrew asked Mr. Nagy whether the map submitted with the petition was approved and correct. Mr. Nagy stated it was approved by the City Engineering Department. 5102 Mr. Pinto stated they were not voting on ownership of land. I Mr. Andrew stated that they would have to assume that the ownership of property as shown on the map would have to be considered .correct. Mr. Gerry Paplar, 9024 Laurel stated there was a question of traffic congestion here and did anyone know whether this congestion is going to be relieved. Mr. Nagy stated that the construction going on in that area now was to improve the flow of traffic within the designated intersection. Mr. Paplar stated people are continually using the shoulder to make progress down Ann Arbor Trail. He asked further what egress and ingress would be off Ann Arbor Trail. Mr. Andrew stated it was the petitioner's intent to construct a deceleration lane and a passing lane so he would be adding two lanes to the road for the apartments. Mr. Hand stated that this property was up for consideration of a Commercial zoning some time back. This man has property he is trying to develop and the Commission must decide what is the best and highest land use. With this man putting in two additional lanes it would have to benefit the surrounding residents ultimately. In this point in time, it would seem that this is the best use for this land. Mr. Pinto pointed out to the audience that 1/3 of property frontage on Ann Arbor Trail is zoned commercial and 1/2 of the frontage on Wayne Road is commercial. li; The R-7 would eliminate that commercial. Mr. Pularski, 34299 Dover stated he understood there would be no apartments within 1000 feet of district zoned residential. Therefore, how can this petition come about. Mr. Andrew stated that it was still in effect and explained why petitions were still being considered. Mr. Pularski asked what was meant by multiple dwellings. Mr. Neal explained that this building would be two story with 8 to 10 units per building. Mr. Paplar questioned the fact that Mr. Hand was giving consideration to Mr. Auer because of the length of time he owned the land. Mr. Hand stated that if he was not certain that this was the best zoning for this area he would vote against it. Mr. Talbot stated they must have known something was going to go into that vacant area at some time. Mr. Paplar stated it was all zoned RUF when they moved in. Mr. Paplar questioned Ann Arbor Trail being a "collector" street. Mr. Nagy stated it was not a "collector" street, it was designated as a major thorofare. Mr. Brownlee, 34401 Ann Arbor Trail was present and stated he was in favor of the rezoning. 5103 Mr. Matthews, a member of Timothy Lutheran Church asked what kind of barrier would be required along the south property line. I Mr. Andrew stated a barrier would not be required. It would be landscaped. Mr. Matthews asked that he be notified further of any subsequent meetings. A resident of 34601 Ann Arbor Trail is against the rezoning. Mr. Glover, Hanlon Avenue stated he thought this project should go up in 1976 when the roads are large enough to handle traffic. There was no one else present wishing to be heard and the Chairman declared the public hearing closed on this item. Timothy Lutheran Church address is 8820 Wayne Road. Copy of a resolution is to be mailed to the church. On a motion duly made by Mr. Hand and seconded by Mr. Talbot, and adopted, it was . ##9-228-72 RESOLVED that, pursuant to a public hearing having been held on September 5, 1972 on Petition 72-7-1-38 by Kenneth A. Neal, Attorney for E. David Auer, requesting to rezone property located at the southeast corner of Wayne Road and Ann Arbor Trail in the Southwest 1/4 of Section 33, from RUF and C-1 to R-7, the City Planning Commission does hereby recommend to the City Council that Petition 72-7-1-38 be approved for the following reasons: ll, (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 area of the proposed zoning change is of sufficient size, shape, and location to accommodate the permitted uses of the R-7 District Regulations. (3) The increase in intensity of land use as permitted by the R-7 zoning district will be balanced by the openness of the parkway lands and institutional lands located to the south. (4) The increase in intensity of land use as permitted by R-7 zoning district will be balanced by the openness of the parkway lands and institutional lands located to the south. (5) The abutting mile roads are capable of handling the increase in traffic as generated by the proposed change in use. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of August 16, 1972 and a notice of such hearing ii, was sent to the Detroit Edison Company, Chesapeake & Ohio d Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service, 5104 A roll call vote on the foregoing resolution resulted in the following: (1, AYES: Talbot, Taylor, Hand, Kluver, Andrew NAYS: Falk, Merrion, Pinto ABSENT: Friedrichs Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-7-1-39 by Avern Cohn requesting to rezone property located on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28, from RUF and C-2 Mr. Avern Cohn was present and stated that Allstate Insurance wants to build an office building on the site. The balance of the site will be used for retail stores. Mr. Kluver asked whether this would be a type of operation where vehicles will be brought to the office for examination. Mr. Sylvester, a representative of Allstate Insurance, stated that this would be in the garage. There would be no outside parking at all. Mr. Hand clarified that it would be a drive-in claim service and sales office. 110 Mr. S. Vanzo, 12066 Boston Post Rd. , stated that he was in favor of the rezoning. There was no one else present wishing to be heard and the public hearing was closed. On a motion duly made by Mr. Talbot, seconded by Mr. Falk and unanimously adopted, it was #9-229-72 RESOLVED that, pursuant to a public hearing having been held on September 5, 1972 on Petitiion 72-7-1-39 by Avern Cohn requesting to rezone property located on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28, from RUF and C-2 to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 72-7-1-39 be approved for the following reasons : (1) The proposed zoning change will provide for uses more compatible to the established uses of the surrounding area. (2) The proposed zoning change represents a zoning improvement for commercial land use in that C-1, local commercial, is more restrictive than C-2, general commercial. (3) The proposed zoning change will remove two arbitrary and non-compatible zoning classifications and will bring the proposed zoning district lines in conformance with property lines. 5105 FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, i under date of August 16, 1972 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, Petition 72-7-2-23 by Edward J. Pringlemeir, President of Bel-Men Realty, Inc. , re- questing to be granted a waiver use approval to locate a real estate office within an existing structure located on the east side of Farmington Road, north of Roycroft Avenue, in the Southwest 1/4 of Section 15. Mr. Pringlemeir was present and stated that they wanted to put in a realty office which does not qualify for P.S. and thus the request for a waiver. Mr. Andrew asked whether they would change the exterior of this building. Mr. Pringlemeir stated no changes would be made whatsoever. Mr. Walker, the owner of the building, was introduced. Mr. Andrew asked whether the building met with the approval of the Planning Department. Mr. Nagy stated it did. There was no one else present wishing to be heard and the Chairman declared the public hearing closed. • On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted, it was #9-230-72 RESOLVED that, pursuant to a public hearing having been held on September 5, 1972, on Petition 72-7-2-23 as submitted by Edward J. Pringelmeir, President of Bel-Men Realty, Inc. re- questing to be granted a waiver use approval to locate a real estate office within an existing structure located on the east side of Farmington Road, north of Roycroft Avenue, in the South- west 1/4 of Section 15, the City Planning Commission does hereby recommend to the City Council that Petition 72-7-2-23 be approved for the following reasons: (1) The proposed use is consistent with the surrounding uses of the area. (2) The proposed use complies with all of the requirements of Zoning Ordinance 4543. with the following conditions: (1) That site plan #66-54, which is hereby approved, shall be adhered to. 5106 (2) That a landscape plan shall be submitted to the Planning Commission for approval within 30 days. (3) That all landscape material as shown on the approved landscape plan shall be installed before the issuance of a certificate of zoning compliance. FURTHER RESOLVED, that notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, Petition 72-8-6-10 by the City Planning Commission to amend Sections 26.04 and 26.05 of Zoning Ordinance 4543,_ so as to clarify and increase the uses in an office district. There was no one present wishing to speak for or against the amendment to the ' zoning ordinance. Mr. Andrew declared the public hearing on this item closed. On a motion duly made by Mr. Hand, seconded by Mr. Falk and unanimously adopted, it was 449-231-72 RESOLVED that, pursuant to a public hearing having been held on September 5, 1972 on Petition 72-8-6-10 as submitted by the City Planning Commission on its own motion to determine whether or not to amend Ordinance No. 543, the Zoning Ordinance, Section 26.04 and 26.05 so as to clarify and increase the uses in an office district, the City Planning Commission does hereby recommend to the City Council that Petition 72-8-6-10 be approved for the following reasons: (1) The proposed ordinance change is needed to clarify the permitted uses of the P.O. District regulations. (2) The proposed ordinance change is needed to provide for a reasonable range of land uses and related accessory uses within the P.O. zoning district. FURTHER RESOLVED, that notice of the above public hearing was published in the offical newspaper, the Livonia Observer, under date of August 16, 1972 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next itgnon the agenda, Petition 72-8-2-25 by Reverend Herbert Noe, Galilean Baptist Church, requesting to be granted a waiver use approval to erect a bus garage and a modular class- room building on the church property located at the southeast corner of Seven Mile Road and Maplewood in the Northwest 1/4 of Section 12. Reverend Noe, was present and stated he wished to revise the site plan to indicate 5107 that the bus maintenance storage garage be moved a minimum of 85 feet north of the property line. r Mr. Andrew asked whether the modular unit would be a pre-fab. Mr. Noe stated it would be and that he would work with neighbors as to color. Mr. Noe stated it would be used only on Sunday A.M. and P.M. Mr. Andrew stated there appeared to be a conflict about use of modular classroom in the location as shown on the site plan. Mr. Andrew asked how long the modular classroom would be in use. Mr. Noe stated at least two years and if he was not ready to build he would be back for an extension of time. Mr. Hand asked whether buses were parked on property. Mr. Noe stated they were. Mr. Andrew asked Mr. Nagy to check with the Fire Department regarding the require- ments of a modular classroom being placed so close to an existing building. Mrs. Sharon Jahn, 18930 Maplewood stated she objected to the bus garage and modular unit. She objected on the grounds of noise pollution and fumes. She feels the ii; plan is scattered and poorly planned. She also presented petition with approxi- mately 15 names objecting to poor planning situation of garage and modular school. Mario Bessie, 18934 Maplewood objected to the petition. Mrs. Bowls, 18925 Maplewood, was hoping that they can put it east on the property. Mr. Pulaski, 18918 Maplewood, stated that ajunkyard exists behind the house and that the buses were used every day during the summer. There was no one else present wishing to be heard and the chairman declared the public hearing closed. On a motion duly made by Mr. Merrion, seconded by Mr. Pinto and unanimously adopted, it was X';-1 #9-232-72 RESOLVED that, purs t to a Public Hearing haivng been held on September 5, 1972'as submitted by the Reverend Herbert Noe, Galilean Baptist Church, requesting to be granted a waiver use approval to erect a bus garage and a modular classroom building on the church property located at the southeast corner of Seven Mile Road and Maplewood in the Northwest 1/4 of Section 12, the City Planning Commission does hereby determine to table this item to the September 19, 1972 study meeting. The Chairman declared the motion carried and the foregoing resolution adopted. Mrs. Jahn and Mr. Bessie are to be contacted for this meeting. • . 5108 The Chairman declared a short recess at this time. The meeting was resumed with the same members present as were present for the public hearing. Mr. Kluver announced the next item on the agenda, Petition 72-8-8-19P by Cheyenne Building Comppny requesting approval of all plans required by Section 18.58 of Ordinance #543, as amended by Ordinance #988, in connection with the construction of new stores in the Merri- Five shopping center located on the north side of Five Mile Road, east of Merriman Road in the Southwest 1/4 of Section 14. Mr. Hand made a motion, seconded by Mr. Falk to table this item to the October 3, study meeting contingent upon the petitioner providing a revised site plan before this time. Mr. Andrew, amended the motion at this time, seconded by Mrs. Taylor and adopted, it was #9-233-72 RESOLVED that, pursuant to a public hearing having been held on September 5, 1972 on Petition 72-8-8-19P as submitted by Cheyenne Building Company requesting approval of all plans required by Section 18.58 of Ordinance #543, as amended by Ordinance #988, in connection with the construction of new stores in the Merri- Five Shopping Center located on the north side of Five Mile Road, east of Merriman Road in the Southwest 1/4 of Section 14, the City Planning Commission does hereby determine to table this item to the October 3rd Study Meeting or the Regular Meeting of September 26th, if petitioner can provide a revised site plan along the lines indicated by Mr. Bakewell. A roll call vote on the foregoing resolution resulted in the following: AYES: Falk, Merrion, Pinto, Taylor, Hand, Andrew NAYS: Talbot, Kluver ABSENT: Friedrichs The Chairman declared the motion carried and the foregoing resolution was adopted. Mr. Kluver announced the next item on the agenda, Petition 72-7-2-19 by American Oil Company requesting landscape plan approval for the gasoline service station to be constructed at the north- east corner of Haggerty Road and Six Mile Road in the South- west 1/4 of Section 7. On a motion duly made by Mr. Hand, seconded by Mr. Talbot and unanimously adopted, it was #9-234-72 RESOLVED that, the City Planning Commission does hereby approve Landscape Plan #0008, dated 6/13/72, submitted in connection with a condition of approval of Petition 72-7-2-19 by American Oil Company requesting to be granted a waiver use approval to construct a gasoline service station on property located on the northeast corner of Haggerty Road and Six Mile Road in the Southwest 1/4 of Section 7 subject to the following conditions : • 5109 (1) That all the landscape material and related elements 11:: as shown on the approved plan shall be installed before the issuance of a certificate of occupancy. (2) That all landscape materials installed shall be permanently maintained and keptin a healthy condition. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, motion by the City Planning Commission, on its own motion, pursuant to Section 23.01 (a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, to hold a public hearing to determine whether or not to rezone lot 725 of Supervisor's Livonia Plat #11, City of Livonia Wayne County Michigan from the C-1 Zoning classification to the R-7. On a motion duly made by Mr. Kluver, seconded by Mrs. Taylor and unanimously adopted, it was #9-235-72 RESOLVED that, pursuant to Section 23.01 (a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone lot 728 of Supervisor's Livonia Plat #11, located on the north side of Ann Arbor Trail, west of Wayne Road, in the Southeast 1/4 of of Section 32, from C-1 to R-7. FURTHER RESOLVED that, a hearing be held and a notice be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that there shall be a report submitted and recommendation thereon to the City Council. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, motion by the City Planning Commission on its own motion, pursuant to Section 23.01 (a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, to hold a public hearing to determine whether or not to rezone a portion of tax parcel DDlala2bl located at the northeast corner of Merriman and Schoolcsaft Roads from the C-1 Zoning classification to the P.S. On a motion duly made by Mr. Kluver, seconded by Mr. Merrion and unanimously adopted, it was ' 4 #9-236-72 RESOLVED that, pursuant to Section 23.01 (a) of Ordinance #543, the • Zoning Ordinance of the City of Livonia, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone a portion of Tax Parcel 22DDlala2bl, located at the northeast corner of Merriman and Schoolcraft Roads, in the Southeast 1/4 of Section 22 from C-1 to P.S. li, FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that there shall be a report submitted and recommendation thereon to the City Council. R 5110 The Chairman declared the motion carried and the foregoing resolution adopted. I The Secretary read the next item on the agenda, approval of the minutes of the meeting held by the Planning Commission on July 18, 1972. On a motion duly made by Mr. Kluver, seconded by Mr. Falk and unanimously adopted it was #9-237-72 RESOLVED that, the minutes of the meeting held by the City Planning Commission on July 18, 1972 are approved. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Site Plan Approval in connection with Petition 72-9-8-23P by Andries Butler, requesting to construct a retail furniture store on lots 13b234a and 13b235a, Supervisor's Livonia Plat #3. The proposed retail store is to be located on the east side of Middlebelt Road, between Sunnydale . and Broadmoor Avenue, in the Southwest 1/4 of Section 13. On a motion duly made by Mr. Kluver, seconded by Mrs. Taylor and adopted it was, #9-238-72 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 72-9-8-23P submitted by Andries Butler requesting approval of all plans required by Ordinance #988 in connection with the construction of a retail furniture store proposed to be located ii; on the east side of Middlebelt Road between Sunnydale and Broadmoor Avenue, in the Southwest 1/4 of Section 13 subject to the following conditions: (1) Parking in the front be moved back six feet so a greenbelt of shrubbery will abut Middlebelt Road and subject to approval of Planning Department. (2) Site Plan approval does not require the erection of the wall along the north property line and instead the Commission recommends the installation of a greenbelt with suitable plant material as approved by the Planning Department, in lieu thereof. However, this condition does not waive the protective wall required by Zoning Ordinance #543. (3) Brick and canopy return on the north elevation shall match the brick return on the south elevation and the balance of the wall shall be of shadow block construction. Shadow block construction is to be painted to match the color of the brick as closely as possible. (4) Shadow block walls shall be repainted every four years or more li, often if required, to maintain an aesthetic appearance. (5) That the sign shown on the west elevation of the building is disapproved until such time as the petitioner shows details to the Planning Commission for their specific approval or disapproval. 5111 (6) Any lighting of the parking area shall be approved by the Planning Commission. I A roll call vote on the foregoing resolution resulted in the following: AYES: Falk, Merrion, Pinto, Taylor, Hand, Kluver, Andrew NAYS: Talbot ABSENT: Friedrichs The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted the 245th Regular Meeting of the City Planning Commission was adjourned at 12:30 A.M. CITY PLANNING COMMISSION / 6,..4-ivi.. (1, / 4,1/4-4,-.1 Herman H. Kluver, Secretary ATTEST: I� , '����G�C.. Daniel . Andrew, Chairman 111; ti.