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HomeMy WebLinkAboutPLANNING MINUTES 1955-02-03 MINUTES OF A PUBLIC HEARING AND THE 63RD SPECIAL MEETING OF THE CITY PLANNING COMMISSION On Thursday, February 3, 1955 the above meeting was held by the City Planning Commission at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chair- man Peter A. Ventura called the Public Hearing to order at approximately 8:06 p.m. Members present: William Robinson Adelaide Nielsen Peter A. Ventura Edwin Conway Dallas F. Hay Rufino Salinas H. Paul Harsha Members absent: Robert L. Greene Karle Steinhoff The following were present together with approximately fifteen people attend- ing the Public Hearing and the Special Meeting. Lieutenant Bob Perry !Fire Department *Russell C. Ashmore - City Attorney The Chair announced that this was a special meeting called at the request of the City Council for the express purpose of reviewing the preliminary plats of Country Homes Subdivision, No. 2 and Country Homes Subdivision, No. 3. The Chairman stated that although this is a meeting open to the public and anyone may take notes, the Chair does not recognize the necessity or propriety for having a Court Stenographer present. Stated the Chair will, however, wiave its rights in this regard on condition that a transcript of the Court Steno- grapher's notes be given to this commission at the same time that it (the transcript) is made available to other interested parties. The Chair reviewed past transactions of the commission pertaining to the entire Country Homes Subdivision. Stated that this subdivision appeared on the agenda one year ago, January 12, 1954 at which time it was tabled until February 16 in order to give Mr. Storrer opportunity to meet with Department of Parks and Recreation and the Board of Education relative to school and park sites. At this hearing Mr. Storrer stated that Slatkin Buildirs, Inc. intended to take approximately two to three years to complete the entire subdivision (Page 265, Vol. 3 Official Planning Commission Minutes). At the hearing February 16, 1954 the subdivision was tabled temporarily in order that the Board of Education could be present at meeting andat which time 'tentative approval was given to the preliminary plat (Page 315, Vol. 3 Official Planning Commission Minutes) of the entire subdivision. On March 19, 1954 this preliminary plat was referred to this commission for clarification of certain lot sizes. At a meeting April 20, 1954 this proposed plat was tabled indefinitely, and on May 11, 1954 the proposed Country Homes Subdivision, No. 1, Sheet No. 1 and Sheet No. 2 was given tentative approval and the previous resolution adopted February 16, 1954 was rescinded. At the meeting September 15 approval was given to the final plat of Country Homes Subdivision, No. 1 and since that time this commission has granted a petition for rezoning for the entire subdivision. The Chair stated that this morning the statement was made that this commission has not acted fairly towards Slatkin Builders, Inc. In addition to this statement, Mrs. Fulton as well as the Chairman has received numerous telephone calls. from Slatkin Builders. Mr. Ventura had returned many of these calls and had even met with Mr. Hermanoff in regard to plat. Stated that if there was any lack of cooperation it was not on the part of this commission. Page 226 21f Mr. Donald Barris, Attorney, Friedman, Meyers and Keys, 2024 Dime Bldg., Det. ► representing Harry Slatkin Builders stated that at no time did Mr. Slatkin or himself make the statement that this commission has acted unfairly to Harry Slatkin Builders but that at this time would like to request Mr. Ventura to Lake no part and to disqualify himself because of reasons best known to Mr. Ventura. The Chair ruled Mr. Barris out of order. Mr. Barris again requested Mr. Ventura to disqualify himself. Stated that this request is made at this time in order to lay foundation for disqualification as requested. The secretary read petition dated October 13, 1954 from Fredrick Storrer re— garding approval of Country Homes Subdivision, No. 2 located approximately 983.30 feet South of Plymouth Road between Yale and Arthur Avenues in the East 1/2 of Section 32 and the West 1/2 of Section 33. Messrs. William Munger, Donald Barris, Irvin Hermanoff and Harry Slatkin were present. The secretary also read letters dated January 31, 1955 from Calvin Roberts, Fire Department; dated February 2, 1955 from Hugh Wood, Jr., Chief Inspector; dated February 2, 1955 from Herald F. Hamill, Engineer addressed to Mayor Hartom and dated February 3, 1955 from Herald F. Hamill, Engineer addressed to Mayor Hartom. The secretary stated that he had been informed by Lieutenant Perry, Fire Department that the Fire Department had seen the water line plat and:that they have been approved. No one was present opposed to this proposed subdivision. Mr. Barris stated that Harry Slatkin Builders filed a petition before City Council asking and setting forth why we feel that we should be entitled to receive immediate action of plats. Stated a year ago in February Harry Slatkin Builders received a grant of tentative approval. The City Council was and stayed in session from 11:45 to 1:45 a.m. and a resolution was adopted requesting a special meeting be held by this commission for consideration of Country Homes Subdivision, No. 2 and Country Homes Subdivision, No. 3. Mr. Ventura was present at this meeting and mentioned several reasons why this petition was out of order. Stated that a meeting was held with Herald Hamill Engineer and it was called to our attention that Minton Court has a width of 50 feet and suggested that it be increased to 60 feet and the pavement be in— creased from 25 feet to 31 feet. Mr. Hamill also asked forcther things which we have agreed to. Called to the commission's attention that a letter dated November 9, 1954 was addressed to the Livonia Public Schools which a copy was sent to City of Livonia from Harry Slatkin Builders. There had been a question regarding the school and park sites. Stated thatHarry Slatkin Builders appeared at one meeting and it was agreed that sites should be as indicated on plat as Outlot A and Outlot B which totals 17 acres. Stated that in order to show our cooperation we agreed to sell land to City of Livonia Recreation Department and also to theSchool District at our cost, $2,112.20 per acre. We were advised that the City of Livonia Recreation De— partment did not have sufficient funds available to pay for property. We further offered to sell on Land Contract which money could be paid to us in two years. Mr. Barris read letter dated November 9, 1954 into the record. fib) Addressed to: Livonia Public Schools From: Mr. Harry Slatkin City Hall President Livonia, Michigan Harry Slatkin Builders, Inc. As you know, the undersigned has presented three plats to the City of Livonia covering property to be known as Country Homes Subdivision, No. 1 Country Homes Subdivision, No. 2 and Country Homes Subdivision, No. 3. The City Plan Commission, as well as other govenmental agencies, including your agency, requested that a tract of land approximately 17 acres be set aside for a school site and for a parks and recreation site. We are in full accord with you that good planning requires the acquisition of property to provide adequate schools and recreational facilities for thechildren in the area. We likewise feel since we are building a substantial number of homes in Livonia that we should cooperate in every way possible with the vaiious agencies of the City of Livonia. In order to carry out thisspirit of cooperation, on approval of our plats, we offer to sell to he ��y of Livonia or such other governmental agencies as are interested, the 17 acre tract, more or less, of land as shown on the copy of a plat hereto attached at our cost, which is $2,122.20 per acre. Our offer is contingent upon our plats being approved as expeditiously as possible, and the School Board or any other governmental agency purchasing the 17 acre site, more or less, as shown on the attached plat, including the half streets abutting the square block involved, and paying their proportionate share of the cost of the improvements necessary for their use for a sanitary sewer, storm sewer, water and paving, which cost shall be determined by the Engineer in Charge at the time these utilities are installed, In addition to the foregoing, the governmental agencies shall agree to grant whatever easements are necessary over the 17 acre tract for the installation of public utilties. In arriving at our cost, we did not include such items as: 1) 48-inch truckline to Hines Highway 2) Land development cost, surveying, engineering, attorney fees or brokerage fees 3) Grading 4) Many other miscellaneous items, the cost of which is required to produce this development and which greatly enhances the value of the land It is our understanding that the Department of Parks and Recreation desires to purchase approximately seven acres, and the School Board approximately ten acres. It is our further understanding that the Department of Parks and Recreation does not have the funds in its present budget to purchase the property and pay for same at the present time. In order to facilitate the matter, we offer to sell the entire 17 acres to the various governmental agencies and we are to receive payment for the parcel required by the School Bard at the time of closing the transaction, the remaining acreage purchased by the Department of Parks and Recreation to be evidenced by a land contract payable in a period of not more than two (2) years with no interest whatso- ever. We believe that by waiving interest and offering to sell theproperty 220 at our cost, and on time, it will be of help to the community. „, We desire to cooperate in any way possible and will be pleased to enter into a contract or do any other act that you desire to consummate the trans- action upon the terms and conditions above set forth. Assuring you of our desire to cooperate, we remain. Mr. Barris read letter dated December 7, 1954 from Marie W. Clark, City Clerk regarding a resolution adopted by the City Council November 29, 1954 authorizing the Mayor and City Clerk to enter into land contract with Harry Slatkin Company as vendors for the purchase of park site adjacent to school property in Section 32. Stated that Slatkin Builders have submitted to the City of Livonia a land contract and have submitted to the Public School District a deed which has been approved by their attorney. Stated that they have linen plats here tonight. Feel that these homes will be great asset to City of Livonia. Stated that what they ask is the same treatment that they have been given at all times, do not ask for any special favors, same interpretation to rules and regulations that this board has given to us in the past. Stated that he did not know what objection might be raised but that he awaited with interest the treatment of the Chair. The Chair ruled Mr. Barris out of order. Mr. Ventura stated that he had been informed by Mayor Hartom that it would be his duty to present point that residential blocks shall not according to Section 4.06, Subdivision Rules and Regulations, be less than 600 feet long nor more than 1/4 mile in length. That where blocks are more than 800 feet long, a ten foot cross walk shall be provided near the center of the block, Stated in fairness to petitioner, this commission approved other plats neglecting to enforce this section of Subdivision Rules and Regulations. Mr. Barris asked definition of "cross walk.” Mr. Ventura stated he believed it stated in Subdivision Rules and Regulations it was 10' cross walk. Mr. Barris stated that at this time he is offering to provide cross walks at any place this commission so designates. Mr. Barris stated that he has attached to the bulletin board (Exhibit 1) copy of entire over-all subdivision, Read from Volume 50, Michigan Reports (page 133) OtNiel vs. Detroit where the question was what is a cross walk. "What is to be deemed sidewalk and what cross walk the statute does not determine, but the practice of the city authorities in levying side walk rates appears to have settled a construction. The walk in front of a man's lot, so far as the lot extends, but no farther, is deemed his side- walk and is required to be made and repaired by him; and if the lot be a corner lot, he builds and keeps in repair the walk on theside so far as the lot extends and no farther. Then from the end of these walks across the street for its whole width the city constructs the passage-way, and it does so under the authority conferred upon it to construct cross- walks The cross-walks are then seen to extend for the whole distance between the extended boundary lines of the intersecting streets, while the side- walks stop at such boundary lines, meeting the cross-walks there." 796 221 Read from Volume 8, Michigan Statutes Annotated, Section 9.1810 (page 48) "Cross-walk" means; (a) That part of a roadway at an intersection in- cluded within connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable highway. (b) Any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other marking on the surface." Stated that Harry Slatkin Builders offer to provide such cross-walks as defined. Mr. Harsha stated that at the time the plat was first presented he brough it up that the blocks were very long. Stated that he believed it was within the power of the commission to waive that a cross-walk be Provided. Mr. Barris stated that he has felt that this commission has treated his client very fairly except for one man. Originally when we submitted plats we were in error insofar as the 60' at the front of lot and not at the building line. Have corrected plat in this regard. Drew to the commission's attention that if they require a cross-walk it would mean the deletion of serveral lots. Stated that the street in this location is somewhat long (Country Homes No. 2) but that a number of families who buy homes will be raising families and it was their desire to arrange the plat in such a manner as to have as little traffic hazard as possible. Mr. Robinson stated that the property for school and park sites was offered at $2,112.20 per acre and that the cost of improvements would be shared by them. Mr. Barris stated that in their letter dated November 9, 1954; "Our offer is contingent upon our plats being approved as expeditiously as possible, and the School Board or any other governmental agency purchasing the 17 acres site, more or less, as shown on the attached plat, including the half streets. abutting the square block involved, and paying their proportionate share of the cost of the improvements necessary for their use for a sanitary sewer, storm sewer, water and paving, which cost shall be determined by the Engineer in Charge at the time these utilities are installed." Mr. Barris stated that they have accepted this offer and the contract has been submitted. Mr. Barris stated that this commission waived requirement of cross-walk in the following approved subdivisions and they so ask that commission waive it in their case: Presented canvas plats - Rosedale Gardens Subdivision, No. 14 Pearl Wilson Subdivision, No. 3 Rosedale Meadows Subdivision Devonshire Park Subdivision Ziegler Woods Subdivision Mr. hay asked if that was the only objection. Mr. Ventura stated that was the only objection as raised by the Mayor Mr. Barris stated he knew of no other objection. 222 Mr. Hay stated that at the beginning of the meeting Mr. Barris asked that the Chairman disqualify himself. Would this request be made in reference to cross walks and if so that is not sufficient reason. Mr. Barris stated that was not what he had reference to. Mr. Ventura stated that the Chair did not make statement that he would dis- qualify himself. Mr. Harsha, Chairman Plat Committee stated that they have met the minimum requirement of lot size. The 501 radius of Minton would have to be changed to 60'. Mr. Barris stated they have changed that and CityEngineer has made this correction. Mr. Harsha presented the problem of whether bus transportion would be needed for children if they have to go around a long block, Mr. Salinas asked what was the requirement of the school. Mr. Ventura stated the child has to live over one mile before bus transportation is provided. Mr. Barris stated the longest distance is from Lot 429. Upon a motion duly made by Mr. Salinas and seconded by Mr. Robinson, it was #2-26-55 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby give tentative approval to preliminary plat of Country Homes Subdivision, No. 2 located approximately 983.30 feet South of Plymouth Road between Yale and Arthur Avenues in the East 1/2 of Section 32 and the West 1/2 of Section 33 provided the recommendation of the Fire Department dated January 31, 1955 and of Herald Hamill dated February 2, 1955 and February 3, 1955 are adherent to, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to uhe Building Department, Superintendent of Schools, School Board President and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Nielsen, Harsha, Hay and Salinas NAYS: None NOT VOTING: Ventura The secretary announced that the next item on the agenda was the Country Homes Subdivision, No. 3 located approximately 609.01 feet South of Plymouth Road beuween Arthur Avenue and Levan Road in the East 1/2 of Section 32. The secretary stated that the letters read regarding Country Homes Subdivision, Noy. 2 also pertain to Country Homes, No. 3. Mr. Hay requested that the letters be read. The secretary read letters dated February 2, 1955 from Herald Hamill J.Y.'de3 addressed to Mayor Hartom and dated February 3, 1955 from Herald Hamill addressed to Mayor Hartom is . Mr. Harsha, Chairman Plat Committee stated that he and Mrs. Nielsen could not find any lots undersized. Referred to Lots 447 and 448 (Lots 537 and 536 on plat showing correct lot numbers) and stated it should be determined whether the width of 60 feet should be retained at the building line. It was determined that the frontage of these two lots would maintain the 60 feet at the building line. No one was present, opposed to this proposed subdivision. Mr. Robinson asked whether the two lots previously referred to would have the required number of square feet. Mr. Barris stated all lots have a minimum or over 7,500 square feet. Mrs. Nielsen stated that Leon Avenue is also a long street - 1,325 feet. Mr. Barris stated that they have offered to provide such cross-walks as the commission so designates. Mr. Robinson asked whether the commission has received letters from proper authorities regarding adequacy of sewers. Mr. Munger stated that question was brought up and answered at the time of the hearing on the change of zoning. Mr. Harsha stated that he would like to know how this proposed subdivision ties L in with property to the North in a larger scale than is shown. Mr. Barris stated that Mr. Hamill asked that they extend the 8n water main on Arthur for future development of area. Stated they agreed to this. Stated that West Chicago will be a through street if Mr. Clemens subdivides. Mr. Barris submitted a larger area map for the commission's inspection. Mr. Harsha stated Arthur is only a half street. Mr. Ventura stated that according to the Subdivision Rules and Regulations it would be up to the developers to the North to develop other half of Arthur Avenue. Mr. Barris stated that the same situation exists on Yale Avenue in Country Homes Subdivision, No. 1 which this commission approved. Mr. Robinson stated that in his opinion the half street would be detrimental to the neighborhood and that this commission should require Slatkin Builders to pave entire street. Mr. Barris stated they do not own property nor have permission to use it. Mr. Robinson withdrew his objection. Upon a motion duly made by Mr. Hay and seconded by Mr. Conway, it was #2-27-55 RESOLVED that, pursuant to a Public Hearing having been held the L City Planning Commission does hereby give tentative approval to preliminary plat of Country Homes Subdivision, No. 3 located approxi- mately 609.01 feet South of Plymouth Road between Arthur Avenue and Levan Road in the East 1/2 of Section 32 with the provisions per the recommendations from the Fire Department dated January 31, 1955 and from Herald Hamill dated February 2, 1955 and February 3, 1955, and ` 4 FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, School Board President, Fire Department and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Nielsen, Hay, Harsha and Salinas NAYS: None NOT VOTING: Ventura Upon a motion duly made by Mr. Hay, seconded by Mr. Robinson and unanimously carried, it was #2-28-55 RESOLVED that, this Public Hearing be closed. The Chairman declared the foregoing resolution adopted and called the 63rd Special Meeting to order. Upon a motion duly made by Mr. Harsha, seconded by Mr. Robinson and unanimously carried, it was #2-29-55 RESOLVED that, the date of March 8, 1955 be set for a Public Hearing. The Chairman declared the foregoing resolution adopted. The secretary read letter dated January 26, 1955 from Carl Bernath, Secretary Redford Township Zoning Board regarding proposed change to the permanent zon— ing map of Redford Township. Mr. Ventura stated that this change does not concern the commission as the property is located 300f North of Joy Road. Suggested commission write letter thanking them for their interest and cooperation. Mr. Hay stated that a resolution should be adopted stating that this commission does not object to this change. Mr. Robinson asked whether the property owners along Inkster Road received proper notice. Upon a motion duly made by Mr. Hay, seconded by Mr. Harsha and unanimously carried, it was #2-30-55 RESOLVED that, the Livonia City Planning Commission does not object to the proposed zoning change as stated ih letter dated January 26, 1955 from Carl Bernath, Secretary, Redford Township Planning Board inasmuch as our zoning on the Northwest corner of Joy and Inkster Roads conforms. The Chairman declared the foregoing resolution adopted. 1! 15 Mr. Ventura informed commission that the City Council referred the petition by Jack Spanich to this commission for earliest possible action and public hearing. The secretary read letter dated February 1, 1955 from J. I. Spanich, Spanich Bonding & Welding Corporation. Mr. Ventura stated that he had been informed of a story by Earl Dowdy, The Detroit News regarding this drag strip and that his exact words to Mr. Dowdy were "no comment" as he did not know enough about this matter. Mr. Salinas stated that he would like the planning consultant to go over this matter before hearing is held. Mr. Ventura asked whether commission was in favor of holding special public hearing for this petition. Mr. Hay asked if there was any official communication from CityCouncil. Mr. Ventura stated ttndl Mr. Ventura stated that there was a question regarding the method of publication of this hearing. Mr. Salinas asked whether this commission has jurisdiction. Mr. Ventura stated that for some reason there has to be a rush on this petition and that if this commission does not take speedy action the City of Livonia might lose the drag strip. Mr. Conway asked how it was handled in the past. Referred to the strip on Eckles Road. Mr. Hay stated that was a tentative strip. Mr. Ventura asked whether commission would like to invite Mr. Spanich and all interested parties to a meeting. Mr. Salinas stated the commission should have all information regarding drag strip before a hearing is held. Mr. Hay stated that in his opinion it is in order to have petition at public hearing and if commission does not have enough information the petition can be tabled. Was not in favor of stalling petition and inviting them to informal meeting. Set a public hearing up to the best of our ability and get the petition taken care of. Mr. Ventura suggested that a letter be addressed to City Attorney requesting legal opinion as to how to arrange the notice of public hearing - under what section of the ordinance is the hearing held and does this commission have jurisdiction over this matter. Upon a motion duly made by Mr. Hay and seconded by Mr. Robinson, it was #2-31-55 RESOLVED that, The City Planning Commission hold public hearing on the petition by J. I. Spanich, Spanich Bonding & Welding Corporation for permission to establish drag strip between Farm- ington and Merriman Roads and between Schoolcraft and C & 0 Railway. 226 Upon a motion duly made by Mr. Hay and seconded by Mr. Robinson the following, amendment was made to the above resolution: #2-32-55 RESOLVED that, the foregoing resolution (No. 2-31-55) be amended to read as follows: RESOLVED that, the City Planning Commission hold public hearing at the earliest date on the petition by J. I. Spanich, Spanich Bonding & Welding Corporation for permission to establish drag strip between Farmington and Merriman Roads and between School- craft and C & 0 Railway. A roll call vote was taken on the amended resolution with the following result: AYES: Robinson, Conway, Nielsen, Hay, Harsha, Ventura and Salinas NAYS: None A roll call vote on the Resolution No. 2-31-55 was taken with the following result: AYES: Robinson, Conway, Nielsen, Hay, ttarsha, Ventura and Salinas NAYS: None Mr. Ventura stated the commission shou]d have complete legal description of property. Mr. Russell Ashmore was asked to come into the meeting at this time to ascertain what section of the ordinance this hearing could be held. *Mr. Ashmore stated the hearing could be held under Section 15.22 (b), Zoning Ordinance, No. 60. The reason the City Council and the Mayor expressed their desire to have public hearing and property owners within 5001 notified was to avoid repercussions. Stated he would give commission letter stating seven days written notice to property owners within 5OOt would be sufficient. Mr. Ash- more stated it would be fatal to have the hearing the latter part of March. Mr. Harsha asked Mr. Ashmore whether the City Council realized that they were ruining vast amount of M-2 zoning by approving the drag strip. Asked how the City could tax this type of operation. Mr. Ashmore stated he suggested to the City Council that the question of taxes be considered. The secretary read letter dated February 1, 1955 from Mrs. Adelaide Nielsen addressed to Mayor Hartom regarding her resignation. The secretary also read letter dated January 31, 1955 from Mayor Hartom addressed to Mr. Daniel J. Lepo appointing him to complete the unexpired term of Mrs. Nielsen. Upon a motion duly made by Mr. Hay and seconded by Mr. Robinson, it was #2-33-55 RESOLVED that, upon being advised of Mrs. Adelaide Nielsenls resignation the City Planning Commission expresses its regrets ; hat she is leaving as we enjoyed her participation and benefited greatly by her help. A roll call vote on the foregoing resolution resulted in the following: §117 AYES: Robinson, Conway, Hay, Harsha, Ventura and Salinas NAYS: None NOT VOTING: Nielsen Upon a motion duly made by Mrs. Nielsen, seconded and unanimously carried, it was #2-34-55 RESOLVED that, this meeting be adjourned. At approximately 9:55 p.m. the Chairman declared the meeting adjourned. Rutin Salinas, Secretary ATTESTED: - 4J' Peter A. Ventura, Chairman