HomeMy WebLinkAboutPLANNING MINUTES 1972-11-28 l
MINUTES OF THE 249th REGULAR
MEETING AND A PUBLIC HEARING
t: HELD BY THE CITY PLANNING
COMMISSION OF THE CITY OF
LIVONIA
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On Tuesday, November 28, 1972 the City Planning Commission of the City of Livonia
held its 249th 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 8:05 p.m. with approximately 75 interested persons in the audience.
Members present: Daniel R. Andrew Joseph J. Talbot Charles Pinto
Francis M. Hand Suzanne Taylor Joseph J. Falk
Herman H. Kluver David Merrion
Members absent: Esther Friedrichs (recuperating from illness)
Messrs. John J. Nagy, Planning Director; Ralph H. Bakewell, Planner IV; H.G.Shane,
Planner IV; and Robert M. Feinberg, Assistant City Attorney were also present.
Mr. Andrew informed the audience that if a petition on the evening's agenda
involved a question of rezoning or vacating then the Planning Commission would
only recommend to the City Council that certain action be taken whereupon the
Council would ultimately decide whether or not to approve or deny the petition.
Further if a petition involved a waiver of use approval that is denied, the
petitioner had ten days in which to appeal the- decision to the Council, and if
such petition was not appealed in that time then the petition is considered
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"dead".
The Secretary announced the first item on the agenda, Petition 72-9-1-43 by Brashear,
Brashear & Duggan, Attorneys for Diversified Investment Company
requesting to rezone property located at the Northwest corner
of Seven Mile and Merriman in the Southeast 1/4 of Section 3,
from R-1 and RUF to P.S. , C-1 and P.
There is a letter on file from the Engineering Department. Mr. Charles Tangora
was present representing the petitioner. He stated that the proposal was reasonable
and profitable. It would comprise of a small commercial development to serve
residents in the immediate area. There would be a Savings and Loan Building,
parking lot, professional offices, barber shop, dry cleaners, etc. In other
words a "mini-mall", a new concept in shopping centers. It would be a million dollar
development.
Mr. Hand stated he does not understand the letter from the Engineering Department.
Mr. Nagy stated that along Seven Mile frontage, there is no storm sewer available.
It is in the subdivision to the north and must be brought down through the Merriman
Road right-of-way and that additional right-of-may is needed along Seven Mile Road.
The Petitioner stated they are willing to dedicate the full half right-of-way of
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i Seven Mile Road.
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Mr. Hand asked how many people this center will serve.
Mr. Tangora stated it would serve people within approximately a 1/2 mile radius.
lb: Mr. Merrion asked whether the stores were individual stores or would they be a
clusterlof stores in each building.
Mr. Tangora stated they would be a cluster of stores.
Mr. Merrion asked how many stores in the three buildings.
Mr. Tangora stated 1800 sq. ft. for rent in each building.
Mrs. Taylor asked whether it would be developed in its entirety or in phases.
Mr. Tangora stated in its entirety starting with the bank and then the professional
. buildings.
Mr. Harvey Moelke, 31740 Curtis was present and was acting on behalf of the
Merriman--Six Civic Association. He stated they objected to spot zoning of this
type. They believed the use of this property has long been established.
Any change of the zoning will be detrimental. Further more, it would add to the
problems of a busy intersection. Federation of Livonia Civic Associations urge
denial of this petition on the basis that it is spot zoning.
Mr. Hand asked whether this was recorded in the minutes of the association and if
so on what date.
Mr. Moe!.ke stated it is recorded in minutes but did not know the date.
Mrs. Cicotte, 31540 Seven Mile lives next door, for 31 years and is opposed to
this proposed center.
Mrs. James Hosey, 14954 Flamingo is opposed to spot zoning throughout Livonia.
Mr. Moceri, 31412 Gable is opposed to rezoning.
Mr. Hutchins, 15275 Merriman objects to the rezoning.
Mr. Stan Silvers, 20095 Parker, asked what people would like to see there if they
are opposed to apartments and commercial and office uses?
• Mr. Andrew stated that question was out of order.
Mrs. George, 31445 W. Seven Mile asked how late in the evening are those stores
going to stay open.
Mr. Tangora stated that the bank will close between 4-5 p.m. Stores will maintain
regular hours and not be open later than 9 p.m.
Mr. Nick George Jr, asked for a controlled light in order to eliminate accidents,
Mr. Andrew advised that lights were the jurisdiction of the Traffic Division.
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There was no one else present wishing to be heard and the Chairman declared the
public hearing on this item closed.
thi; On a motion duly made by Mr. Talbot, seconded by Mrs. Taylor and adopted it was,
#11-312-72 RESOLVED that, pursuant to a public hearing having been held
on November 28, 1972 on Petition 72-9-1-43 as submitted by
Brashear, Brashear & Duggan, Attorneys for Diversified Invest-
ment Company requesting to rezone property located at the
northwest corner of Seven Mile and Merriman in the Southeast
1/4 of Section 3, from R-1 and RUF to P.S. , C-1 and P, the City
Planning Commission does hereby recommend to the City Council
that Petition 72-9-1-43 be approved for the following reasons:
(1) The proposed zoning changes will provide for the orderly
and appropriate development of the surrounding area.
(2) The proposed zoning changes will provide for land uses
that will be complementary to the area and will be limited
to providing for local business and service oriented uses
only.
(3) The proposed zoning changes will provide for a buffer and
transitional zone separating the abutting neighborhood
to the north and west from the impact of the mile roads
and heavy trafficked intersection.
(4) The proposed zoning changes will provide for uses more
beneficial to the neighborhood due to their local business
14; and professional service orientation and further in that
the existing zoning classifications of single-family
residential are no longer suitable due to the hazardous
traffic congestion at this intersection.
FURTHER RESOLVED, that notice of the above public hearing was
published in the official newspaper, the Livonia Observer, under
date of November 8, 1972 and a notice of such hearing was sent to
the Detroit Edison Company, Chesapeake & Ohio Railway Company,
Michigan Bell Telephone Company, Consumers Power Company and
City Departments as listed in the Proof of Service.
A roll call vote resulted in the following:
AYES: Pinto, Talbot, Taylor, Hand, Kluver, Andrew
NAYS: Falk, Merrion
ABSENT: Friedrichs
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, Petition 72-10-1-48 by Carl A.
Goers requesting to rezone property located south of Five Mile Road
between Garden and Haller Avenue in the Northwest 1/4 of Section
24, from R-1 to P.S.
(4(
Mr. Nagy stated there was a letter on file from the Engineering Department.
Mr. Walter J. Abraham was present representing Carl A. Goers and advised the
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Commission that his client was desirous of having this parcel rezoned to P.S.
There was no one else present wishing to be heard on this item and the Chairman
declared the public hearing closed.
On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted
it was,
#11-313-72 RESOLVED that, pursuant to a Public Hearing having been held
on November 28, 1972 on Petition 72-10-1-48 as submitted by
Carl A. Goers requesting to rezone property located south of
Five Mile Road between Garden and Haller Avenues in the North-
' west 1/4 of Section 24, from R-1 to P.S. , the City Planning
Commission does hereby recommend to the City Council that
Petition 72-10-1-48 be approved for the following reasons :
(1) The proposed zoning change will provide for the orderly
growth and development of the surrounding area.
(2) The professional district regulations will provide for
a more efficient utilization of the lots under petition.
(3) The professional service district will provide for a
buffer zone separating the residential neighborhood to
the south from the effects of the Five Mile Road corridor.
(4) The proposed zoning change is consistent with the Planning
Commission's land use recommendations for Five Mile Road in
this area.
FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Livonia Observer,
under date of November 8, 1972 and a notice of such hearing was
sent to the Detroit Edison Company, Cheaspeake & 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 72-10-1-49 by
Hickox-Barnett Real Estate for Friedrich Schwarb requesting to
rezone property located south of Five Mile Road between Henry
Ruff Road and Bainbridge in the Northwest 1/4 of Section 23,
from RUF to C-1.
Mr. Nagy stated that a letter was in file from the Engineering Department advising
that there are no storm sewers in this area.
John Veltman, representing Friedrich Schwarb was present and advised the Commission
that they were desirous of constructing a medical building on this site.
11111, Mr. Hand stated that he felt C'-1 was too high a use if they were just planning
offices for this site.
Mr. Falk stated he was personally against C-1 or P.S.
Bill MacDonald representing B.E.Taylor's Green Acres Civic Association stated
he-..was against the rezoning. He submitted a petition signed by 95% of the
residents opposing this rezoning.
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Mr. Kipper, 30407 Five Mile was present and stated he was in favor of the rezoning.
Mr. Oswalt, 30555 Hoy was present and stated he was opposed to the rezoning.
Hoy
Mr. Winarski, 30564/was present and stated he was against rezoning.
Mr. Rigstate, 10005 Flamingo was present and stated he was against the rezoning.
Mr. Hosey, 14045 Flamingo was present and stated he was against the rezoning.
Mrs. Virginia Oswalt, 30554 Hoy was present and stated she was against the rezoning.
Mr. Lindhout, Architect stated that he did a feasibility study for the potential
buyer and felt that P.S. was sufficient zoning. He was also of the opinion that
this complex would upgrade the area.
Mrs. Petro, 30508 Hoy was present and stated she was against the rezoning.
Mr. Haub, 39664 Hoy was present and stated he was against the rezoning.
There was also no one else present wishing to be heard and the Chairman declared the
public hearing on this item closed.
On a motion duly made by Mr. Merrion, seconded by Mr. Falk and unanimously adopted
1111; if was,
#11-314-72 RESOLVED that, pursuant to a Public Hearing having been held on
November 28, 1972 on Petition 72-10-1-49 as submitted by Hickox-
Barnett Real Estate for Friedrich Schwarb requesting to rezone
property located south of Five Mile Road between Henry Ruff Road
and Bainbridge in the North 1/2 of Section 23, from RUF to C-1,
the City Planning Commission does hereby recommend to the City
Council that Petition 72-10-1-49 be denied for the following
reasons:
(1) The proposed zoning change would be detrimental to, and
would adversely affect, the stability of the adjacent
residential neighborhood.
(2) The proposed zoning change would not provide for the orderly
and appropriate development of the surrounding area but would
tend to encourage the further expansion of commercial zoning
in this area.
(3) There is no need to expand commercial zoning in this area
as there is already an over-abundant amount of unused commercially
zoned lands in the area to satisfy commercial land use requirements.
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(4) This zoning petition represents spot zoning in that the
land area •is realtively small, provides for uses that
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are unrelated to and incompatible with, the surrounding
uses of the area.
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FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Livonia Observer, under
date of November 8, 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 72-10-1-50 by the
City Planning Commission on its own motion to rezone property
located south of Eight Mile Road from Middlebelt Road west to
Osmus Avenue in the North 1/2 of Section 2 and the Northeast 1/4 of
Section 3, from M-1 to M-L.
Mr. Nagy stated there was a letter on file from the Industrial Development Commission
which stated it was in favor of the rezoning of this land.
A letter is on file from Star Filter objecting to the rezoning.
A letter is also on file from George Kronk objecting to the change of zoning.
A letter is on file from Rocco Ferrar objecting to the rezoning.
L Joseph Dutour, 3825 Eight Mile has filed a letter of objection.
United Construction also has a letter on file objecting to the rezoning.
A letter from Freedland Dairy, 30227 Middlebelt is also on file strictly objecting
to the rezoning.
Mr. Alexander Spiro, owner of University Convalescent Home was present and stated
he was in favor of the rezoning.
James Meir, 20200 Shadyside, President of Civic Association was present and submitted
a petition signed by 218 residents of the area who are in favor of the rezoning.
Mr. Sullivan, 20305 Milburn was present and stated he was in favor of the rezoning.
Mr. Duggan representing Ferrar was present and stated his client was against the
rezoning.
Mrs. Nikorak, 20315 Merriman was present and stated she was in favor of the rezoning.
Earl Smith and Lester Carr were present and-stated they were against the rezoning.
Al Seikerts, owner of an engineering plant in the area was present and stated he
, was against the rezoning.
Mrs. Carpenter, 20244 Milburn is in favor of the rezoning.
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Mr. Andrew asked Mr. Meir whether he would be opposed to rezoning all vacant land
to the new zoning.
Mr. Meir stated he would have to poll the residents for an answer.
41,0 Mr. Pinto asked how long it would take him to poll the residents.
Mr. Meir stated about twelve days.
There was no one else present wishing to be heard and the Chairman declared the
public hearing closed.
On a motion duly made by Mrs. Taylor, seconded by Mr. Kluver and unanimously
adopted it was
#11-315-72 RESOLVED that, pursuant to a Public Hearing having been held on
November 28, 1972 on Petition 72-10-1-50 as submitted by the
City Planning Commission on its own motion requesting to rezone
property located south of Eight Mile Road from Middlebelt Road
west to Osmus Avenue in the North 1/2 of Section 2 and the North-
east 1/4 of Section 3, from M-1 to M-1, the City Planning Commission
does hereby determine to table this item to the Study Meeting of
December 12, 1972.
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary read the next item on the agenda, Petition 72-10-2-34 by United
Construction Company, Inc. , requesting to be granted a waiver use
approval to operate a special trade contractor's business on
property located on the south side of Eight Mile Road between
114 Merriman and Milburn in the Northwest 1/4 of Section 2.
Mr. Nagy stated there was a letter on file from the Engineering Division which
stated that a site plan was not submitted so they were unable to evaluate the
proposal.
A letter from the Industrial Development Commission advises the Commission not to
act on this petition until Petition 72-10-1-50 is decided in regard to M-1 change
to M-L.
A letter is also on file from E.C.Schubiner, objecting to construction business.
Mr. Duggan representing United Construction was present and stated his client
has been storing on this land and he was notified that he must obtain a waiver
use to do this. He has been here ten years and needs this extra land to store
his equipment.
There was nobody else present wishing to be heard on this item and the Chairman
declared the public hearing closed.
On a motion duly made by Mr. Talbot, seconded by Mr. Kluver and unanimously
adopted it was Ire
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#11-316-72 RESOLVED that, pursuant to a Public Hearing having been held
on November 28, 1972, on Petition 72-10-2-34 as submitted by
United Construction Company, Inc. , requesting to be granted
a waiver use approval to operate a special trade contractor's
business on property located on the south side of Eight Mile
Road between Merriman and Milburn in the Northwest 1/4 of Se
Section 2, the City Planning Commission does hereby determine
to table this item to the December 12, Study Meeting.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, Petition 72-10-2-35 by
Lindhout Associates requesting to be granted a waiver use
approval to construct an office building for Mason Dental
Laboratories on property located on the north side of Five
Mile Road between Hubbard and Merriman in the Southeast 1/4
of Section 15.
Mr. Lindhout was present and stated they were interested in building two buildings,
on in front for an office and the one in rear will be the laboratory.
Mrs. Vinci, 32270 Five Mile was present and wanted to know if there would be an
access to Hubbard Road.
' Mr. Lindhout stated there would not be an access to Hubbard Road.
There was no one else present wishing to be heard and the public hearing was
ti; closed.
On a motion duly made by Mr. Pinto, seconded by Mr. Falk and unanimously adopted,
it was
#11-317-72 RESOLVED that, pursuauit to a public hearing having been held
on November 28, 1972 on Petition 72-10-2-35 as submitted by
Lindhout Associates requesting to be granted a waiver use
approval to construct an office building for Mason Dental
Laboratories on property located on the north side of Five
Mile Road between Hubbard and Merriman in the East 1/2 of
Section 15, the City Planning Commission does hereby recom-
mend to the City Council that Petition 72-10-2-35 be approved
for the following reasons:
(1) The proposed use is consistent with and compatible to the
surrounding uses of the area.
(2) The proposed development plans will provide for physical
development in harmony with the surrounding development
of the area.
with the following conditions of approval:
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(1) That Site Plan #72220, Sheet #1, dated 10/23/72, which
is hereby approved, shall be adhered to.
(2) That Building Plans #7220, Sheet P, dated 10/23/72, which
are hereby approved, shall be adhered to.
(3) That a detailed landscape plan shall be submitted to
the Planning Commission for approval within thirty days
from the date of this 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.
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary read the next item on the agenda, Petition 72-10-2-36 by Curran
Construction Company requesting to be granted a waiver use approval
to construct a MacDonald's Restaurant on the north side of Seven
Mile Road between Middlebelt and Parkville in the Southwest 1/4
of Section 1.
Mr. Nagy stated there was a letter from Mr. Ponder, Attorney asking that this
item be postponed.
Mr. Andrew stated that the public hearing portion would be heard at this time.
Mr. Nagy stated there was a letter from Curran Construction Company urging that
petition be approved.
A letter from the Engineering Department indicates no objection.
Mr. Ray, 19170 Parkville stated he was against the petition.
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There was no one else wishing to be heard and the Chairman declared the public
hearing closed.
On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted
it was,
#11-318-72 RESOLVED that, pursuant to a Public Hearing having been held on
November 28, 1972 on Petition 72-10-2-36 as submitted by Curran
Construction Company requesting to be granted a waiver use
approval to construct a MacDonald's Restaurant on the north side
of Seven Mile Road between Middlebelt and Parkville in the South-
west 1/4 of Section 1, the City Planning Commission does hereby
determine to table this item to the first regular meeting in
January.
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The Chairman declared the motion carried and the foregoing resolution adopted.
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(60 The Secretary read the next item on the agenda, Petition 72-10-2-39 by Dumaro,
i 1
Inc. , requesting to be granted a waiver use approval to construct
and operate a Bonanza Sirloin Pit Restaurant on the north side of
I Seven Mile Road west of Farmington Road, in the Southeast 1/4 of
Section 4.
Mr. Duggan was present representing the petitioner and stated this was to be
a family oriented type of restaurant with hours of operation being 11:00 a.m.
to 9:00 p.m. seven days a week.
Mr. Andrew asked why the restaurant was shifted to the north.
Mr. Duggan stated he did not know but would ask Mr. Siegal if he knew anything
about it.
Mr. Siegal stated that the position was made in an off hand statement by the
architect. He also stated that Bonanza Sirloin Pit has been in existence for
Seven years. There are 325 in the United States. None in Michigan are out of
business. They are franchise owners. This would be the second operation, the
other is at Eight Mile and Beech Daly.
There was noone else present wishing to be heard and the Chairman declared the
public hearing closed.
On a motion duly made by Mr. Pinto, seconded by Mr. Falk and unanimously adopted
i, it was,
i
#11-319-72 RESOLVED that, pursuant to a public hearing having been held
on November 28, 1972 on Petition 72-10-2-39 by Dumaro, Inc. ,
• requesting to be granted a waiver use approval to construct and
operate a Bonanza Sirloin Pit Restaurant on property located on
the north side of Seven Mile Road west of Farmington Road, in
the Southeast 1/4 of Smtion 4, the City Planning Commission does
hereby recommend to the City Council that Petition 72-10-2-39
be approved for the following reasons:
(1) The proposed use is compatible to the existing and planned
uses of the Shopping Center.
(2) The proposed use complies with Zoning Ordinance #543
and the special waiver standards for Istaurant facilities.
with the following conditions:
(1) That the building floor plans submitted in connection with
the petition shall be adhered to which fixes the seating
capacity of the restaurant and sets forth the requirements
for off-street parking.
(2) That the building elevation plan submitted in connection
with the petition 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.
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The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, Petition 72-10-6-11 by the
City Planning Commission, initiated by Council Resolution #684-72,
requesting to amend Ordinance #543, the Zoning Ordinance of the
City of Livonia, so as to provide that delicatessens and/or carry-
out restaurants shall be permitted only as a waiver use in C-2
Districts in lieu of being a permitted use in C-1 District.
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. Kluver, seconded by Mr. Merrion and unanimously adopted
it was,
#11-320-72 RESOLVED that, pursuant to a public hearing having been held on
November 28, 1972 on Petition 72-10-6-11 by the City Planning
Commission, initiated by Council Resolution #684-72, requesting
to amend Ordinance #543, the Zoning Ordinance of the City of
Livonia, so as to provide that delicatessens and/or carry-out
restaurants shall be permitted only as a waiver use in C-2
Districts in lieu of being a permitted use in C-1 Districts,
the City Planning Commission does hereby recommend to the City
Council that Petition 72-10-6-11 be approved for the following
reason:
(1) This amendment is necessary to provide for the proper
regulation and control of these facilities within the
City of Livonia.
FURTHER RESOLVED, that notice of the above public hearing was
published in the official newspaper, the Livonia Observer under
date of November 8, 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.
The Secretary announced the next item on the agenda, Petition 72-10-7-6 by the
City Planning Commission to amend Part I of the Master Plan of the
City of Livonia, the Master Thoroughfare Plan, so as to incorporate
Glendale Avenue from Merriman Road west to Farmington Road, in the
North 1/2 of Section 27.
There was no one else present wishing to be heard on this item and the Chairman
declared the public hearing closed.
On a motion duly made by Mr. Pinto, seconded by Mr. Merrion and unanimously adopted
it was,
.#11321-72 RESOLVED that, pursuant to the provisions of Act 285 of the
Public Acts of Michigan 1931, as amended, the City Planning
Commission of the City of Livonia having duly held a public
hearing on November 28, 1972 for the purpose' of amending
Part I of the Master Plan of the City of Livonia, entitled "The
Master Thoroughfare Plan, the same is hereby amended so as to
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incorporate Glendale Avenue from Merriman Road west to
Farmington Road, in the North 1/2 of Section 27, the amended
legal description being as follows:
That part of the North 1/2 of Section 27, T.
1 S. R. 9 E. , City of Livonia, Wayne County,
Michigan, described as beginning at a point on
the North and South 1/4 line of Section 27, distant
N. 0° 06' 20" E. 469.50 feet from the center of
said Section, and proceeding thence N. 89° 12' 30"
W. 2652.38 feet; thence N. 0° 20' 30" E. 58.72 feet
along the west line of said Section 27, thence S.
89° 35' 30" E. 1319.96 feet; thence S. 89° 12' 30"
E. 1475.12 feet to a point on the west line of Wayne
County Bureau of Taxation Parcel 27A32b2,c1; thence
N. 89° 18' 34" E. 716.18 ft. to a corner of said
W.C. Bureau of Taxation Parcel 27A32b2,c1; thence S.
0° 07' 30" E. 60.00 ft. along an easterly line of said
W.C. Bureau of Taxation Parcel 27A32b2,c1; thence S. 89°
54' 50" W. 715.87 ft. to a point on the West line of
said W.C.Bureau of Taxation Parcel 27A32b2,c1; thence N.
89° 12' 30" W. 143.01 ft. to the point of beginning.
and
The north 60 feet of the following described parcel:
Beginning N. 48.05 ft. from the E. 1/4 corner of Section
27, T. 1 S. , R. 9 E. , City of Livonia, Wayne County,
Michigan, thence N. 89° 22' W. , 1802.36 ft. thence N.
494.93 feet, thence S. 89° 22' E. , 1802.36 ft. , thence
S. 494.93 ft. Point of Beginning except E. 60 ft. thereof.
(Wayne County Bureau of Taxation Parcel 27A32b1a) .
for the following reason:
(1) This will set aside the future right-of-way needed for
the implementation of this road and to prevent any
development from obstructing the future route of this
Avenue.
AND, having given proper notice of such hearing as required
by Act 285 of the Public Acts of Michigan, 1931, as amended,
the City Planning Commission does hereby adopt said amendment
as part of the Master Thoroughfare Plan of the City of Livonia,
which is incorporated herein by reference, the same having
been adopted by resolution of the City Planning Commission,
with all amendments thereto, and further that this amendment
shall be filed with the City Council, City Clerk, and the
City Planning Commission; and a certified copy shall also
be forwarded to the Register of Deeds for the County of
Wayne for recording.
The Chairman declared the motion carried and the foregoing resolution adopted.
* * * * * * * * * * *
After a brief recess the meeting was reconvened with all members present as
were present for the initial roll call.
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The Secretary announced the next item on the agenda, Landscape plan submitted
in connection with Petition 72-7-2-17 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.
On a motion duly made by Mr. Talbot, seconded by Mr. Kluver and adopted it was,
#11-328-72 RESOLVED that, the Landscape Plan submitted as a condition of
approval in connection with Petition 72-7-2-17 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 Planning Commission
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does hereby approve subject Landscape Plan with the following
conditions:
(1) That Landscape Plan dated 11/27/72 be approved and that all
landscape materials as shown on the approved plan shall be
installed before the issuance of a Certificate of Occupancy.
(2) That all landscape material shall be permanently maintained
and kept in a healthy condition.
(3) That the outdoor light plans asshowa on Plan #172-206 is
approved.
(4) That the condition for the approval of any free-standing
signs be modified to the extent that any free-standing signs
shall be approved before the issuance of a Certificate of
Occupancy.
A roll call vote resulted in the following:
AYES: Falk, Merrion, Talbot, Taylor, Hand, Kluver, Andrew
NAYS: None
ABSENT: Friedrich
ABSTAIN: Pinto
The Chairman declared the motion carried and the foregoing resolution adopted.
Suzanne Taylor left the meeting at 11:25 p.m.
The Secretary announced the next item on the agenda, Council Resolution #887-72
requesting a report and recommendation from the City Planning
Commission concerning the future disposition of City-owned property
on which is presently located a DPW Sign Shop which it is anticipated
will be vacated.
On a motion duly made by Mr. Hand, seconded by Mr. Kluver and adopted it was,
#11-322-72 RESOLVED that, pursuant to Council Resolution #887-72, the City
11:10 Planning Commission recommends that the building formerly occupied
by the DPW Sign Shop located on the east side of Middlebelt Road,
south of Seven Mile Road, be removed and the site cleared for
purposes of developing thereon an open landscaped area and further
•
5189
that the City of Livonia not dispose of the subject property
until such time as this parcel can be combined with the
adjacent parcel or parcels for the use which will encourage
the best development of the surrounding area.
A roll call vote resulted in the following:
AYES; Falk, Pinto, Talbot, Hand, Kluver
NAYS: Merrion, Andrew
ABSENT: Friedrich, Taylor
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, withdrawal of Petition
72-3-6-6 by the City Planning Commission to amend Section 11.02
of Ordinance #543, the Zoning Ordinance, to provide additional
control relating to enclosed theatres.
On a motion duly made by Mr. Pinto, seconded by Mr. Kluver and unanimously adopted
it was,
#11-323-72 RESOLVED that, pursuant to a Public Hearing having been held
on July 18, 1972 on Petition 72-3-6-6 as submitted by the City
Planning Commission on its own motion to amend Article XI of
Ordinance #543, the Zoning Ordinance of the City of Livonia,
by amending Section 11.02, to provide additional control
111: relating to enclosed theatres, the City Planning Commission
does hereby determine to withdraw this item.
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, motion by the City Planning
Commission to amend Sections 11.02 and 11.03 of Ordinance #543
the Zoning Ordinance, so as to provide for enclosed theatres
as a waiver use in the C-2 Zoning District.
On a motion duly made by Mr. Hand, seconded by Mr. Talbot and adopted it was,
111-324-72 RESOLVED that, pursuant to Section 23.01 of Ordinance #543,
the Zoning Ordinance of the City of Livonia, as amended,
the City Planning Commission does hereby establish and order
that a public hearing be held in the City Hall to determine
whether or not to amend Sections 11.02 and 11.03 of Ordinance
#543, so as to provide for enclosed theatres as a waiver use
in the C-2 Zoning District.
FURTHER RESOLVED, notice of time and place of said public
hearing shall be published in a newspaper of general circulation
in the City of Livonia and a notice by registered United States
mail shall be sent to each public utility or railroad company
owning or operating any public utility or railroad within the
16: City of Livoniain accord4ACe. with the provisions of Act 285
of the Public Acts of Michigan of 1931, as amended.
5190
A roll call vote resulted in the following;
AYES: Falk, Merrion, Talbot, Hand, Kluver, Andrew
NAYS: Pinto
ABSENT: Taylor, Friedrich
The Chairman declared the motion carried and the foregoing, resolution adopted.
The Secretary announced the next item on the agenda, letter dated 9/21/72 from
Richard E. Rabbideau for Lewis Brooke concerning Petition 72-5-1-30
by the City Planning Commission, pursuant to Council Resolution,
#432-72 to rezone property located on the west side of Inkster
Road between Five Mile Road and Lyndon Avenue in -Section 24, from
RUF and R-1 to R-3.
On a motion duly made by Mr. Talbot, seconded by Mr. Hand and unanimously adopted
it was,
#11-325-72 RESOLVED that, pursuant to a letter dated 9/21/72 from Richard E.
Rabbideau for Lewis Brooke requesting that the City Planning
Commission delay any action with regard to Petition 72-5-1-30
for a period of six months, the City Planning Commission does
hereby determine that Petition 72-5-1-30 is tabled until May 21,
1973.
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, motion by the City Planning
Commission to amend Article III, Section 5, and Article VI by
adding Section 13, of the Planning Commissions Rules of Procedure
for the purpose of establishing Commission rules for motions to
reconsider.
On a motion duly made by Mr. Kluver, seconded by Mr. Pinto and unanimously
adopted it was,
#11-326-72 RESOLVED that, Article III, Section 5, and Article VI be amended
by adding Section 13, to the Planning Commission's Rules of
Procedure for the purpose of establishing Commission rules for
motions to reconsider, the City Planning Commission does hereby
approve the following amendments:
ARTICLE III, Section 5. Parliamentary procedure shall be
governed by "Robert's Rules of
Order", except as may otherwise be
provided in these Rules of Procedure.
Add: Section 13 to Article IV
Section 13. Any motion or resolution which has already been
voted on by the Planning Commission may, never-
theless, be brought back for further consideration
by means of a Motion to Reconsider, subject, however,
to the following:
a) The Motion to Reconsider may be made only by a
member who voted with the prevailing side when
the resolution sought to be reconsidered was
originally acted upon.
5191
b). The Motion to Reconsider may be seconded by any
member regardless of how he voted when the
resolution sought to be reconsidered was originally
acted upon.
c) The Motion to Reconsider:
1. At the meeting at which the resolution sought
to be reconsidered was originally acted upon,
or
2. At the next regular meeting following the
meeting at which the -resolution sought to
be reconsidered was originally acted upon;
provided, however, in the event that a Motion to
Reconsider has been adopted, said motion shall,
nevertheless, be considered a nullity and of no
force or effect if subsequent to its adoption the
Planning Commission if advised that with respect
to the petition identified in said motion the
Council of the City of Livonia has prior thereto
taken any action by resolution at either a special
meeting or a regular meeting.
d) In order for a Motion to Reconsider to prevail it
shall be adopted by a majority of those present and
voting; provided, however, that if any member had
111100 abstained from voting on the resolution sought to be
reconsidered, then that member shall not vote on either
the Motion to Reconsider or on the main motion itself
in the event that Motion to Reconsider is adopted.
e) The Motion to Reconsider may be introduced without
notice and shall be debatable.
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, petition 72-10-8-43P by
David Gazales requesting approval of all plans required by Section 18.58
of Ordinance #543, the Zoning Ordinance, as amended by Ordinance #988
submitted in connection with the construction of an addition to
an existing store located on Five Mile Road and Harrison in Section 24.
On a motion duly made by Mr. Kluver, seconded by Mr. Pinto and unanimously adopted
it was,
#11-327-72 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 72-10-8-34P by David Gazales requesting
approval of all plans required by Section 18.58 submitted
in connection with the construction of an addition to an
existing store located on Five Mile Road and Harrison in
Section 24 subject to the following conditions:
5192
, (1) That the site and landscape plan dated November 28, 1972
11; prepared by the Livonia planning Department and agreed to
by the petitioner be adhered to.
(2) That all landscaping be installed by 5/1/73 and thereafter
be maintained in a healthy condition.
(3) That the west wall of the proposed addition be constructed
of the same brick used on the north elevation (front).
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, approval of the minutes of
the 247th Regular Meeting held by the City Planning Commission on
October 24, 1972.
On a motion duly made by Mx. Pinto, seconded by Mr. Falk and unanimously adopted
it was,
#11-329-72 RESOLVED that, the minutes of the meeting held by the City
Planning Commission on October 24, 1972 are approved.
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, approval of the minutes
of the 273rd Special Meeting held by the City Planning Commission
on October 31, 1972.
ife
On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted
it was,
#11-330-72 RESOLVED that, the minutes of the 273rd Special Meeting held.
by the City Planning Commission on October 31, 1972 are approved.
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, final plat approval for
Parkview Estates Subdivision proposed to be located on the south
side of Seven Mile Road between Levan Road and Wayne Road in
Section 8.
On a motion duly made by Mr. Pinto, seconded by Mr. Kluver and unanimously adopted
it was,
#11-331-72 RESOLVED that, the City Planning Commission does hereby recommend
to the City Council that the final plat of Parkview Estates
Subdivision located on the south side of Seven Mile Road
between Levan Road and Wayne Road in Section 8, be approved for
the following reasons:
(1) It conforms to the previously approved preliminary plat
and the Zoning District regulations of the R-3 category.
(2) The Engineering Division indicates, by letter, their recommendation
of approval.
• 5193
FURTHER RESOLVED, inasmuch as it appears on the records that
9114 tentative approval of said proposed plat was given by the City
Planning Commission under Resolution #6-152-72 adopted on March 7,
1972; and it further appearing that said proposed plat together
with plans and specifications for improvements therein have been
approved by the Department of Public Works, Engineering Division,
under date of November 17, 1972; and it further appearing that the
financial assurances required in Council Resolution #702-72 adopted
on July 26, 1972 have been filed with the City Clerk as confirmed
by a letter dated December 5, 1972 from Addison W. Bacon, City
Clerk, it would therefore appear that all the conditions necessary
to the release of building permits have been met and the Building
Department is hereby so notified.
The Chairman declared the motion carried and the foregoing resolution adopted.
On a motion duly made seconded and unanimously adopted the 249th Regular Meeting
was adjourned at 11:50 p.m.
CITY PLANNING COMMISSION
/�
v�+Qh'r ! i l T
Herman H. Kluver, Secretary
ATTEST:
• /."7 •r
Daniel R. Andrew, Chairman