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HomeMy WebLinkAboutPLANNING MINUTES 1958-05-06 10711 2014 MINUTES OF THE 86TH SPECIAL MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On May 6, 1958 the above meeting was held by the City Planning Commission of the City of Livonia at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chairman William R. Robinson called the Public Hearing to order at approximately 8:10 p.m. Members present: Robert Greene, Fred Lotz, Robert L. Angevine, Dennis Anderson, William R. Robinson **Wilfred Okerstrom, *Charles Walker, **Leonard Kane Members absent: H. Paul Harsha Mr. Charles Pinto, Assistant City Attorney and Lt. Bob Perry, Fire Department were also present at this meeting along with approximately 100 interested persons. The Secretary announced the first item on the agenda was Petition Z-258 by Hartman and Tyner asking for a change of zoning classification on parcels of land located on the East side of Merriman approximately 2000 feet west of Middlebelt, between Six Mile Road and Curtis Avenue and situated in the Southwest and Southeast 1/4 of Section 11, be changed from RUF to MA. Mr. Hartman was present and introduced a copy of the proposed subdivision to be built in area requesting the change of zoning. Mr. Spaulding, Engineer for Mr. Hartman stated in answer to Mr. Greene&s ques- tion regarding the storm and sewer situation., that this had been taken up with the Department of Public Works, that the sanitary sewer will be connected with the Middlebelt sewer. -There were no persons present wishing to be heard regarding the rezoning petition. After a brief discussion, the Chairman declared that this item will be taken under advisement. The Secretary announced the next item on the agenda was Petition Z-272 by Nat Rosenberg asking for a change of zoning classification on parcel of land located South of Five Mile Road approximately 1000 ft. West of Amhurst Road between Five Mile Road and Lyndon and situated in the Northwest 1/4 of Section 21, be changed from AG to i. Mr. Rosenberg, who was present at meeting, presented a plot plan for a subdivi- sion in this area to the members of the Commission at the request of Mr. Anderson. No one was present wishing to be heard either in favor of or opposed to petition as presented. There were no other questions, at which time the Chair declared that this item would be taken under advisement. The Secretary announced the next item on the agenda is Petition Z-275 by City Planning Commission asking for a change of zoning classification on parcels of land located on the South side of Five Mile Road approximately 550 ft. south of Five Mile Road between Farmington and Hubbard and situated in the Northwest 1/4 of Section 22 changed from C-2 to CC. 2015 Cr• The Secretary read a letter from James G. Hartrick, Attorney for Ray M. Petersime C") dated May 6, 1958, stating their objection to the rezoning; also a letter dated May 6, 1958 from D. C. McFarland, representative of Ray M. Petersime, stating his objection. Mr. D. White, White Bros, Real Estate, 5660 Dixie Highway, Waterford, Michigan was present and asked if the Planning Commission decides on any zoning changes. Mr. Robinson answered that the Commission makes a recommendation to the City Council. Mr. White then asked who had decided to change this parcel of property from Commercial to CC and why. The Chair asked Mr. Pinto to speak for the Commission. Mr. Pinto stated that the City Planning Commission decided to change the zoning of this property be- cause it has been proposed to be used as a future extension of the Cityts Civic Center and this was done to protect it until such time it is needed. Mr. White stated that the City has not made any effort to purchase property; Mr. Pinto said that this has no direct relationship to whether or not they can rezone this property to Civic Center. Mr. White stated that he understood that at the Council Meeting held last night, that the City would only require 15 acres. If so, why is the entire forty acres being rezoned? Mr. Robinson stated that the City Council does not work too closely with the Commission and that the Planning Commission is of the opinion that this property may be needed for the Civic Center expansion and this is why action is being taken at this time. Mr. McFarland, McFarland Realty, 30627 Shiawassee Road, Farmington, Michigan asked why the rezoning is being done before the purchase of the property; that they tried to sell to the City and were told the City was not interested in it. Mr. Robinson answered that the Planning Commission is rezoning this property to CC because a Civic Center cannot be built in a commercial zoning. Mr. McFarland stated that if the Planning Commission changes the zoning, the property is worthless as far as we are concerned and the City is liable for a damage suit. Mr. Pinto, answering for the Commission, stated that the City is under no de- lusion that they will not have to pay for the property. This action tonight is only intended to reserve that property until such a time that it can finance the purchase. We do not intend to get it without purchasing it. If it is found that only 15 acres are needed, I believe that it can be rezoned back to Commercial. Mr. White asked why rezone it if they are going to purchase it; Mr. Pinto stated that if the City had purchased it, they would not have to rezone it. Because the City does not own it at the present time, we will have to rezone it. Mr. White asked if the Planning Commission feels that it is fair that we have to hold this property until the City decides to buy it. Mr. Robinson stated he could not speak for the Commission and asked Mr. Pinto to answer for them. Mr. Pinto stated that the Commission does not officially Z3 q 2016 rezone property. They only hold meetings and get in the minutes the objections of the interested persons. It is then recommended to the City Council. The City Planning Commission can not purchase property, only the City Council and this is only a recommendation to the Council. When it is before the Council you will have an opportunity to go before them. Mr. White asked if a condemnation suit could be started and Mr. Pinto answered the City Planning Commission has a right to start a condemnation suit. Mr. McFarland stated for the past two years they have been trying to get the City to express their opinion; only after it is sold, they make an effort to rezone it. Mr. Robinson asked if there were any further questions and if the Commission wished to take action at this time. Mr. Greene stated he did not think it necessary to delay it for further discus- sion, that action should be taken tonight. He then asked if there were enough members present for a poll. Mr. Angevine asked if the matter should be held up until the Committee for the Civic Center makes up their report. Mr. Anderson suggested we take it under advisement also, but Mr. Lotz stated that we have studied this area in petition and whether or not we should protect it for the City, the members have been notified as to this meeting and this peti- tion coming before the Commission at this time, consequently we should act upon it tonight to deny or approve. The Chair made a motion that this petition be approved or disapproved. Upon a motion duly made by Mr. Greene, supported by Mr. Lotz and unanimously carried, it was #5-88-58 RESOLVED that pursuant to a Public Hearing having been held on May 6, 1958 on Petition No. Z-275 by City Planning Commis- sion for a change of zoning classification on parcels of land located on the South side of Five Mile Road approximately 550 ft. south of Five Mile Road between Farmington and Hubbard and situated in the Northwest 1/4 of Section 22 be changed from C-2 to CC, the City planning Commission does hereby recom- mend to the City Council that Petition No. Z-275 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of April 17, 1958 and notice of which hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company, City Departments and petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The Secretary read the next item on the agenda, a petition to amend Master Plan to include and reserve for public purposes the parcels of land as described in Petition No. Z-275. There were no persons present in the audience who wished to speak for or against petition, at which time the Chair declared a motion was in order to amend the 4E64 limm4 2017 Master Plan. Upon a motion duly made by Mr. Lotz and supported by Mr. Angevine, it was #5-89-58 RESOLVED that, pursuant to the provisions of Act 285 of the Michigan Public Acts of 1931, as amended, the City Planning Commission of the City of Livonia having duly held a Public Hearing for the Purpose of amending the Master Plan of the City of Livonia, entitled "Master Plan of the City of Livonia", the same is hereby amended to include and reserve for public purposes the following described land: A Parcel of Land being a part of the N. W. 1/4 of Section 22, T. 1S., R. 9 E., City of Livonia, Wayne County, Michigan. Being more particularly described as follows: Beginning at a point a distance South 1 degree 25 minutes West, 1303.50 feet and South 88 degrees 29 minutes East, 60 feet, said point being on the East right-of-way line of Farmington Road and proceeding thence South 88 degrees 29 minutes East, 138.0 feet; thence North 1 degree 25 minutes East, 30 feet; thence South 88 degrees 29 minutes East 102.0 feet; thence North 1 degree 25 minutes East 130.35 feet; thence South 88 degrees 29 minutes East, 720.0 feet; thence North 46 degrees 16 minutes 19 seconds East, 161.19 feet; thence North 18 degrees 54 minutes 49 seconds East, 120.47 feet; thence North 1 degree 25 minutes East, 370.17 feet; thence South 88 degrees 29 minutes East, 778.29 feet; thence South 1 degree 16 minutes West, 689.19 feet; thence South 65 degrees 57 minutes East, 32.52 feet; thence South 1 degree 16 minutes West, 55.21 feet, thence South 88 degrees 30 minutes East, 129.24 feet; thence South 65 degrees 57 minutes East, 144.20 feet; thence North 24 degrees 03 minutes East, 5988 feet; thence South 88 degrees 30 minutes East, 140.37 feet; thence South 65 degrees 57 minutes East, 58.84 feet; thence North 1 degree 17 minutes 30 seconds East, 22.77 feet; thence South 88 degrees 30 minutes East, 180.00 feet; thence South 1 degree 17 minutes 30 seconds West, 501.00 feet; thence North 88 degrees 32 minutes 30 seconds West, 2583.80 feet; thence North 1 degree 25 minutes East, 497.37 feet to the Point of Beginning. and having given proper notice of such hearing as required by said Act 285, as amended, the City Planning Commission for the City of Livonia does hereby adopt said amendment as part of the Master Plan of the City of Livonia which is incorporated herein by reference said Master Plan having been adopted pursuant to resolution of the City Planning Commission adopted on December 31, 1951, with all amend- ments thereto; further, this resolution shal be recorded on said map by the identifying signatures of the Chairman and the Secretary of the Commission, and an attested copy hereof shall be filed with the City Council, City Clerk, and the Planning Commission; a copy shall also be forwarded to the Register of Deeds of the County of Wayne with the following certification contained thereon: "We certify that the foregoing resolution amending and adding to the 11 F 2018 Master Plan of the City of Livonia was duly adopted at a meeting of the City Planning Commission held May 6, 1958 by the following roll call vote: AYES: Anderson, Green, Lotz, Angevine, Robinson NAYS: None The Chairman declared the motion is carried and petition to amend the Master Plan is granted. Mr. Robert Lorion, attorney for Joseph Rasak, petitioner for Rasak Subdivision next item on the agenda, requested at'.this time that we depart from the regular procedure and place this item next to the last, in order that Mr. Rasak could continue to discuss his plat with the surrounding property owners. The Secretary announced the next item on the agenda was proposed Joy-Ann Sub- division located between Ann Arbor Trail and Joy Road approximately 1,550 feet West of Wayne Road in the Southeast 1/4 of Section 32, submitted by : Warner & Warner, Engineer for Mid West Builders. Date of Submission January 11, 1957. Preliminary approval February 5, 1957; repetitioned for reaffirmation of approval. Mr. Warner, who was present at this meeting was asked if there were any changes in the plat since the preliminary approval. There were none. Mr. Anderson asked to see the plat since he was not on the Commission at the time the pre- liminary plat had been approved. There were no further questions, at which time the Chair declared a motion was in order to disapprove or approve the request for a reaffirmation of original approval. Upon a Motion duly made by Mr. Angevine, supported by Mr. Lotz and unanimously carried, it was #5-90-58 RESOLVED that, pursuant to a Public Hearing having been held on May 6, 1958, the City Planning Commission does hereby give Warner & Warner, Engineer for Mid-West Builders, a reaffirmation of approval on preliminary plat, originally given February 5, 1957 on Joy Ann Subdivision located between Ann Arbor Trail and Joy Road in the Southeast 1/4 of Section 32, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City De- partments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted and reaffirmation of original approval is granted. The Secretary announced the next item on the agenda was proposed Sunny Acres -Subdivision located on the North side of Ann Arbor Trail apporximately 1,575 feet East of Newburgh Road in the Northwest 1/4 of Section 32. Submitted by: IL: Warner & Warner, Engineer for Mr. Hiem Jacob. Date of submission - January 11, 1957. Preliminary approval February 5, 1957. Repetitioned for reaffirmation of approval. There were no questions directed to Mr. Warnerwho was representing Mr. Jacob, at which time the Chair declared a motion was in order to disapprove or approve 44 41 2019 reaffirmation of original approval. C``) Mr. Anderson requested plot plan. Upon a motion duly made by Mr. Greene, supported by Mr. Angevine and unanimously carried, it was #5-91-58 RESOLVED that, pursuant to a Public Hearing having been held on May 6, 1958, the City Planning Commission does hereby give Warner & Warner, Engineer for Mr. Jacob, a reaffirmation of approval on preliminary plat, originally given February 5, 1957 on Sunny Acres Subdivision located on the North side of Ann Arbor Trail, approximately 1,575 feet East of Newburgh Road in the Northwest 1/4 of Section 32, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Depart- ments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted and reaffirmation of original approval is granted. The Secretary announced the next item on the agenda was proposed Westrail Sub- division located on the Northeast corner of Ann Arbor Trail and Levan Road in the Southeast 1/4 of Section 32. Submitted by: Warner & Warner, Engineer for Mr. Herman Band. Date of submission - September 8, 1954, preliminary approval April 15, 1955. Repetitioned for reaffirmation of approval. Mr. Greene and Mr. Anderson asked to inspect the preliminary plat. After a brief discussion the Commission members requested the complete file to ascertain what recommendations had been made by the Inspection Department. It was de- cided, since there was such a great lapse of time since the original approval on the preliminary plat, that a letter be forwarded to the Inspection Department at this time to determine what there recommendations are now. Upon a Motion duly made by Mr. Lotz, supported by Mr. Angevine and unanimously carried, it was #5-92-58 RESOLVED that, Proposed Westrail Subdivision, located on the Northeast corner of Ann Arbor Trail and Levan Road in the Southeast 1/4 of Section 32 be tabled and taken under advise- ment until the City Planning Commission has forwarded a letter to the Inspection Department for their recommendations on the aforementioned subdivision, particularly in regard to the depth of the shallow lots. The Chairman declared the motion is carried and the proposed Westrail Subdivision is tabled and taken under advisement. The Secretary announced the next item on the agenda was Petition M-109 by Anthony Cassise requesting permission to sell vegetables and fruit produce, located on the East side of Middlebelt between Eight Mile Road and Morlock, at 20400 Middle- belt, in the Northwest 1/4 of Section 1. Mr. Cassise was present and after a brief discussion it was ascertained there was ample off-street parking facilities, confirmed by Mr. Lotz, and that no per- manent structure would be built on lot. 4)7 2020 Mrs. Welsh, 20335 Middlebelt, objected to petition, stating she felt it was en- croaching on residential area. The members of the Commission examined the plat book at this time. It was de- termined that this area was zoned C-i. ** Mr. Charles Walker arrived at approximately 9:00 p.m. Mr. Anderson asked if a time limit should be stipulated in resolution. Upon a motion made by Mr. Greene, supported by Mr. Lotz, it was #5-93-58 RESOLVED that, pursuant to a Public Hearing having been held May 6, 1958, the City Planning Commission does hereby grant Petition M-109 by Anthony Cassise requesting permission to sell vegetables and fruit produce, located on the East side of Middlebelt between Eight Mile Road and Moriock, at 20400 Middlebelt, in the Northwest 1/4 of Section 1; such permit to be granted for one year and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City De- partments as listed in the Proof Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Anderson, Greene, Lotz, Angevine, Robinson NAYS: None NOT VOTING: Walker The Chairman declared the foregoing resolution adopted and petition is granted for one year. At this time, the Secretary announced item #5, Proposed Rasak Subdivision No. 2 located on the West corner of Seven Mile Road and Stamford Avenue in the North- east 1/4 of Section 9 submitted by Mr. Robert Lorion, Attorney for Mr. Joseph Rasak. Submitted: March 11, 1958. Mr. Lorion requested that this item be postponed until a future meeting. The Chair asked if there were any persons present who wished to speak in regard to this item. Mr. Motz, 19028 Whitby, stated he objected to this subdivision. The circumstances have not changed since it was previously presented and denied. Mr. W. E. Okerstrom arrived at approximately 9;05 p.m. Mr. Lotz asked if Mr. Rasak has had a percolation test made of this area. Mr. Lorion stated that one had been made dated in December but that Mr. Rasak has had another one just recently made but it was not ready and requests a postpone- ": ment at this time. There was no further discussion. The Chairman declared that this item would be taken under advisement. Mr. Robinson declared a ten minute recess at approximately 9:10 p.m. 466 J 2021 The Chairman called the 86th Special Meeting to order at approximately 9:20 p.m. with all present now that were present before the recess. The Secretary announced the next item on the agenda was Burton Hollows Estates Subdivision - approval of Final Plat - located on the Southwest corner of Six Mile and Farmington Roads in the Northeast 1/4 of Section 16. Letter from Engineering and Fire Department re change of street name in Burton Hollows Sub- division. Submitted by: S. F. Slavik, Rouge Building Company. Mr. Slavik presented the canvas back plat to the Commission. There were no questions regarding plat but a request for a change of street name was made, as requested in letter dated April 21, 1958 from Department of Public Works and letter dated April 22, 1958 from the Livonia Fire Department. There were no further questions or comments. Mr. Slavik stated that the street Bell Creek Drive was changed to Pollyanna and Surrey running East and West would be changed to Wood Drive. Upon a motion duly made by Mr. Angevine, supported by Mr. Lotz and unanimously carried, it was #5-94-58 RESOLVED that final plat of Burton Hollows Estates Sub- division located on the Southwest corner of Six Mile and Farmington Roads in the Northeast 1/4 of Section 16 be given final approval, and FURTHER RESOLVED that, street named Bell Creek Drive be changed to Pollyanna and Surrey, running East and West, be changed to Wood Drive, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission on October 15, 1957 and it further appearing that said proposed plat together with the plans and specifications for improvements herein have been approved by the Department of Public Works under date of October 10, 1957; and it further appearing that a bond in the amount of $320,000.00 to cover the installation of improvements has been filed in the office of the City Clerk under date of April 25, 1958, such bond having been ap- proved by Charles J. Pinto, Assistant City Attorney under date of April 25, 1958 pursuant to Council Resolution #817-57 adopted October 14, 1957, it would 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 is carried and the final plat of Burton Hollow Estates Subdivision is approved. The Secretary announced the next item on the agenda was the approval of final plat of Hearthstone Subdivision #2, located on the North and South side of Pembroke Avenue approximately 135 feet East of Brentwood Avenue in the East 1/4 of Section 1. Submitted by Samuel Hechtman, President, Practical Home Builders, Inc. Preliminary plat approval given October 15, 1957. Of 2022 Mr. Jones, representing subdivision, informed Commission there have been no changes made since the approval of the preliminary plat. The members of the Commission examined the canvas back plat. There were no questions at which time the Chairman declared a motion was in order to disapprove or approve the final plat. Upon a motion duly made by Mr. Lotz, supported by Mr. Angevine and unanimously carried, it was #5-95-58 RESOLVED that, final plat of Hearthstone Subdivision #2 located on the North and South side of Pembroke Avenue, approximately 135 feet East of Brentwood Avenue in the East 1/4 of Section 1 be given final approval, and FURTHER RESOLVED that, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission on October 15, 1957, and it further appearing that said proposed plat together with the plans and specifications for im- provements herein have been approved by the Department of Public Works under date of March 26, 1958; and it further appearing that a bond in the amount of $30,000.00 to cover the installation of improvements has been filed in the office of the City Clerk under date of April 28, 1958, such bond having been approved by Charles J. Pinto, Assistant City Attorney, under date of April 28, 1958 pursuant to Council Resolution #205--58 adopted March 31, E 1958, it would 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 foregoing resolution adopted and the final plat of Hearthstone Subdivision #2 is approved. The Chairman announced that the next two items, Z-268 by Mr. and Mrs. Carl W. Bernard requesting a change in zoning from M-1 and R1B to M2 and Petition Z-267 by Mr. & Mrs. Henry R. Rasmussen asking for a change of zoning classifica- tion from RUFB to C-2 had been included on the agenda in error, but if there were any persons present who wished to speak, they could do so. On Petition Z-268, located on the South side of the Chesapeake & Ohio Railway, approximately 800 feet West of Stark Road and situated in the Southwest 1/4 of Section 28 be changed from M-1 and R1B to M-2, Mr. Walker submitted the follow- ing resolution: #5-96-58 RESOLVED that, action on Petition No. Z-268 submitted by Mr. & Mrs. Carl W. Bernard asking for a change of zoning on parcels of land located in the Southwest 1/4 of Section 28 is hereby tabled and the Planning Consultant is hereby re- quested to study the request contained in the above petition in relation to the present zoning of that area of the city and to submit his report and recommendation generally as to the petitioner's request and specifically as to the follow- ing questions: (1) Is this area of the city in need of a park site? If such a need exists, is it urgent? 2023 (2) Is there sufficient property vacant in such area and situated C") between the properties described in the petition and adjoining properties to the north and west that would permit the designa- tion of a park site, which park site would be established be- tween the proposed industrial property and adjoining residential properties to the north? (3) Would the rezoning of the property described in the above petition from M-1 and R-1B to M2 be in harmony with the present comprehensive zoning map of the City of Livonia? (4) Would the petitioners' requested rezoning increase the public convenience and welfare of this portion of our community? (5) Would the rezoning of the above property to M-2 substan- tially injure, cause inconvenience and burden adjoining resi- dential property with additional traffic and safety hazards? Mr. Greene asked what was the purpose in injecting this park site in this peti- tion and Mr. Walker stated that originally a park area had been designated by the school board and by the planning consultant in this area for the reasons that it would mean that no child would have to cross a thoroughfare to go to school. At present there is no park site - children must go across Plymouth to the Stark School for recreational purposes. I feel that this should be studied with the Parks and Recreations Department. Mr. Green asked if Parks and Recreations have designated any area for a park and Mr. Walker stated no designation had been made but that he had spoken with someone from the Department and that support might be had from this department. Mr. Lotz supported the aforementioned resolution and it was unanimously carried. The Chairman declared the foregoing resolution carried and Item Z-268 is tabled. Mr. Robinson announced at this time that Z-268 will not be on the agenda for May 20, 1958, because of the study that is to be made. On Item Z-267 by Mr. & Mrs. Henry Rasmussen, asking for a change of zoning clas- sification on six parcels of land located on the South side of Ann Arbor Road, approximately 600 feet West of Hix Road and situated in the Southeast 1/4 of Section 31 be changed fromRufB to C-2. Mr. Robinson asked what action did the Commission wish to take on this petition and it was suggested that this item be - kept under advisement until the recommendation from Mr. Munson has been received. Mr. Walker stated he felt that the school board should be contacted in regard to Z-268. The Secretary announced the next item on the agenda was Petition M-107 by Raymond Schreiber requesting permission to erect drive-in theatre on the North side of Plymouth Road between Levan and Newburgh Road and situated on the South- west 1/4 of Section 29, located apporximately 900 feet from the Northwest corner of Levan and Plymouth. Public Hearing April 15, 1958, item taken under advise- ment. Study Meeting April 29, 1958. The Secretary read letter from Department of Law dated May 6, 1958 in regard to answer from his letter to the City of Troy requesting any correspondence in con- nection with the drive-in theaters presently located in that city. A letter dated May 6, 1958 from the Fire Department, and a letter dated May 1, 49.E 2024 1958 from the Wayne County Department of Health, from the Riverside Park Church of God, dated April 29, and May 1, 1958, from the Livonia Ministers Association dated May 5, 1958, were read by the secretary. There were no questions from the Commission at which time the Chairman declared that a motion was in order to approve or disapprove Petition M-107. Mr. Robinson stated that since a public hearing had already been held for this petition that the audience could not be heard without the consent of the members of the Commis- sion. Mr. Greene stated he felt that entirely apart from a question of desirability of a drive-in theatre, he thought that the location on Plymouth Road would very definitely be a traffic hazard. Felt that this would be a sufficient reason to deny petition. Upon a motion made by Mr. Greene, supported by Mr. Anderson, it was #5-97-58 RESOLVED that, pursuant to a Public Hearing having been held April 15, 1958, the City Planning Commission does hereby deny Petition M-107 by Raymond Schreiber requesting permission to erect drive-in theatre on the North side of Plymouth Road be- tween Levan and Newburgh and situated on the Southwest 1/4 of Section 29, located approximately 900 feet from N.W. corner of Levan and Plymouth, for reasons that this drive-in theatre would present a very definite traffic problem in this area, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Depart- ments as listed in Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Anderson, Greene, Lotz, Okerstrom NAYS: Robinson, Walker, Angevine The Chairman declared the foregoing resolution adopted and the petition is denied. The Secretary announced the next item on the agenda is Z-273 by Morton & Minnie Katz asking for a change of zoning classification on certain lots in Grennada Park Subdivision No. 1 located on the South side of Five Mile Road, approximately 400 feet East of Farmington and situated in the Northwest 1/4 of Section 22 be changed from CC to C-2. Public Hearing April 15, 1958, item taken under advise- ment until meeting with Civic Center Committee, April 22, 1958. Mr. Robinson asked Mr. Walker for his report regarding the meeting with Mr. Harsha and the Civic Center Committee. Mr. Walker informed the Commission that they had met with the Civic Center Com- mittee of the City Council and they had asked the Commission to sustain from making any decision on this Petition until the Committee can decide on one of two proposals, namely, (i) to include property in petition in Civic Center property, and (2) not to include property in question. There was no other in- formation until a further report is made by the Civic Center Committee. Mr. Walker suggested that this item be taken under further advisement until such report is received. Mr. Anderson stated that they had met with the Committee two weeks ago and at that time they informed him it would be in approximately three weeks. 2025 C " Mr. Burdick, Attorney for Mr. Katz, stated that he had had no objection to item C-) being taken under advisement at last meeting, but that he was concerned about a determination being made within a reasonable time in order that their rights may be reserved. Stated that this item had been before the Committee once before. Asked Mr. Walker if he was right in assuming that proposal #1 meant that property in question could not be rezoned and proposal #2 that it could be rezoned. Mr. Walker answered that #1 meant that property would be included in Civic Center property and that it could not be rezoned, and #2 that this Commission could change the zoning of property in this area. Mr. Burdick again stated that he would like to have some action within a reason- able length of time in order to reserve any rights that they do have; would con- sider a two week delay. Mr. Walker informed Mr. Burdick that he could only say that he would contact the Chairman of the Civic Center Committee and City Council and have a report for the next meeting. Mr. Angevine stated that this item should be taken under advisement until informa- tion is received; Mr. Lotz concurred. Mr. Robinson informed those present that this item will be taken under further advisement until information is received from the Civic Center Committee and the City Council. Mr. Burdick stated he wished to make a statement for the records that he objected to the adjournment at this time. The Secretary announced the next item on the agenda was Petition Z-252 by Arnold Ranzenberger, President, Livonia Development Company asking for a change of zoning classification on Parcels 29k1a9, 29Klal and 29Klb and 29K1a4 to 29K1a9 located on the South side of Schoolcraft Road approximately 600 feet East of Newburgh Road in the Northwest 1/4 of Section 29 be changed from RUFB to P and M-l. Public Hearing January 21, 1958, item taken under advisement; Special Meeting February 4, 1958; Special Meeting March 18, 1958; Petition amended to read, "North 100 feet of the South 148 feet of said property rezoned from RUFB to M-1". Study Meeting April 29, 1958. Mr. Walker informed the Commission that Mr. Charest had stated that he would like his petition tabled until a later date as he could not be present at tonight's meeting. The Chairman declared that Petition Z-252 will be taken under further advisement at the request of Mr. Charest. The secretary announced the next item on the agenda was Petition V-27 by Eugene D. and Carol L. Magee and Joseph A. and Mary Koenig asking that a 12' public utility easement situated on the South of Lot 38 and a portion of the South of Lot 39, Storm and Fowler's Country Crest Subdivision located on the Southwest corner of Eight Mile Road and Fremont Avenue in the Northeast 1/4 of Section 2 be vacated. Item taken under advisement at Public Hearing January 21, 1958. Special meeting March 18, 1958 item tabled until information regarding size of easement was re- ceived from Michigan Bell Telephone Company and Detroit Edison Company. :11/ The secretary read letter dated May 6, 1958 from the Engineering Department signed by L. R. Schrader, Asst. City Engineer and Dave Meinzinger, Director of Public Works stating their objection to the proposed 9' easement. �4 `�l) t 2026 Mr. Walker stated that if this easement is over a sewer, shouldn't information be asked for from the Department of Public Works. It was ascertained by the Chair that the 9' easement was not approved by the Engineering and Mr. Meinzinger of the Department of Public Works. Mr. Anderson suggested that the petitioner be asked to contact the Engineering Department to arrange an easement thatwould be approved by the Engineering Department. The Chairman stated a letter had been written to the petitioner on March 19, 1958 in the form of a resolution which had been adopted at the Regular Meeting by the City Planning Commission on Tuesday, March 18, 1958, informing them that the petition had been tabled until Petitioners obtain approval from Detroit Edison Company, Michigan Bell Telephone Company and the Engineering Department on the new proposed 91 easement. No answer had been received from the Petitioner but a letter dated April 11, 1958 had been received from the Michigan Bell Telephone Company stating they did not object to the vacation of 12' easement but no men- tion was made that they approved the 9' easement that had been proposed as a substitute; a letter was received from The Detroit Edison Company dated March 25, 1958 in which they stated that the new proposed easement was satisfactory. Upon a motion duly made by Mr. Walker, supported by Mr. Lotz and unanimously carried, it was #5-98--58 RESOLVED that, pursuant to a Public Hearing having been held January 21, 1958 on Petition V27 as submitted by Eugene D. and Carol L. Magee and Joseph A. and Mary Koenig asking that the 12' public utility easement situated on the South of Lot 38 and a portion of the South of Lot 39, Storm and Fowler's Country Crest Subdivision located on the Southwest corner of Eight Mile Road and Fremont Avenue in the Northeast 1/4 of Section 2 be vacated and a 9' ease- ment be substituted, the City Planning Commission does hereby recommend to the City Council that Petition V--27 be denied due to the insufficient width of the 9' easement which was disapproved by the Engineering Department in their letter dated May 6, 1958, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of January 2, 1958 and notice of which hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company, City Departments, petitioners and abutting property owners as listed in the Proof of Service. The Chairman declared the foregoing resolution was adopted and Petition V--27 if denied. Mr. Leonard Kane arrived at approximately 10:10 p.m. The secretary announced the next item on the agenda was Petition Z-263 by Harry Slatkin Builders, Inc., asking for a change of zoning classification on 3.849 acres, Item #17M, located on the North side of Five Mile Road and East side of Newburgh and situated in the Southwest 1/4 of Section 17, be changed from AG-B to C-2. Public Hearing April 1, 1958, item taken under advisement. Study Meet- ing April 29, 1958. 2027 There was no further discussion at which time upon a motion duly made by Mr. C") Okerstrom, supported by Mr. Lotz, it was #5-99-58 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, April 1, 1958 on Petition No. Z-263 by Harry Slatkin Builders, Inc., asking for a change of zoning classification on 3.849 acres located on the North side of Five Mile Road and East side of Newburgh and situ- ated in the Southwest 1/4 of Section 17 be changed from AGB to C-2, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-263 be granted, and FURTHER RESOLVED, notice of the above hearing pub- lished in the official newspaper, The Livonian, under date of March 13, 1958 and notice of which hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company, City Departments and petitioner in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Anderson, Lotz, Walker, Okerstrom, Kane, Robinson, Angevine NAYS: None NOT VOTING: Greene The Chairman declared the foregoing resolution adopted and Petition No. Z-263 is granted. The secretary announced the next item on the agenda was letter from Bureau of Inspection dated April 25, 1958 requesting Top Soil Bond Release in connection with Top Soil Permit No. 10, 20, 27, Parcels 26Fla, 26F1b and 26F1c in the Northwest 1/4 Section 26, application taken out by Charles Swartz and John Spence. Mr. Lotz asked if this property in question was brought up to grade. Mr. Walker stated that since the letter from the Inspection Department asking for a bond release is written on the approval from the Engineering Department, it would be safe to assume that it was brought up to grade. There was no further discussion. Upon a motion duly made by Mr. Walker and supported by Mr. Anderson and unani- mously adopted, it was #5-100-58 RESOLVED that pursuant to the report and recommendation of the Bureau of Inspection dated April 25, 1958, the City Planning Commission does herein authorize the release of the bond dated May 17, 1955 by United States Fidelity and Guaranty Company in the amount of $5,000.00 each with the City in connection with topsoil removal operations performed under Permit Nos. 10, 20 and 27 which is a renewal of No. 10, issued to Charles Swartz and John Spence; it appearing from the above report that all ordinance pro- visions and rules and regulations have been complied with; 495 2028 and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. The Chairman declared the foregoing resolution adopted. The secretary announced the next item on the agenda was proposed amendment to Subdivision Rules and Regulations - Marginal Access Streets; adoption of proper resolution for public hearing. The Chair declared that a motion was in order for the City Planning Commission to hold a public hearing on a proposed amendment to the Subdivision Rules & Regu- lations. Upon a motion duly made by Mr. Angevine, supported by Mr. Kane and unanimously carried, it was #5-101-58 RESOLVED that, pursuant to Section 4.02 of the Subdivision Rules and Regulations adopted by the City Planning Commis- sion of the City of Livonia January 9, 1952, the City Planning Commission does on its own motion hereby determine that there shall be a Public Hearing to determine whether or not Sub-section (n) should be added thereto Section 4.02, which sub-section reads as follows: (n) Marginal Access Streets. Where a subdivision abuts or contains an existing or proposed major thoroughfare or arterial street. the Planning Commission may require marginal access streets adjacent to such major thoroughfares and in front of the lots facing such major street. A major street or thorough- fare. for the purposes of this section. shall be any road or was having an existing or planned width of 120 feet or more as shown on the Master Thoroughfare Plan. For the purposes of this sec- tion. marginal access streets shall be defined as minor streets which are parallel to and adjacent to major arterial streets and highways. and shall provide access to abutting properties and protection from through traffic. The Chairman declared the foregoing resolution adopted. The secretary announced the next item on the agenda was Approval of Invoice from IL Detroit Edison Company in the amount of $80.00 for 20 Aerial prints, dated April 22, 1958. Upon a motion made by Mr. Kane, supported by Mr. Anderson, and unanimously car- ried, it was 44,6 2029 C #5-102-58 RESOLvED that, invoice from Detroit Edison Company, dated April 22, 1958 in the amount of $80.00 for twenty (20) Aerial Prints be forwarded to the proper department for payment. The Chairman declared the foregoing resolution adopted. The secretary announced the next item on the agenda was approval of invoice from The Livonian, dated March 1958 in the amount of $133.98 for advertising notices of public hearing. Upon a motion duly made by Mr. Kane, supported by Mr. Angevine and unanimously carried, it was #5-102-58 RESOLVED that, invoice from The Livonian, dated March 1958 in the amount of $133.98 for advertising notices of public hearing, be forwarded to the right department for payment. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Kane, supported by Mr. Greene and unanimously carried, the 86th Special Meeting was adjourned at approximately 10:25 p.m. /1( / ,..e• „i2a R. L. Angevine, cretary ATTESTED: William R. Robinson, Chairman