Loading...
HomeMy WebLinkAboutPLANNING MINUTES 1958-12-23 lid. 2328 MINUTES OF THE 100TH SPECIAL M .,ETING AND PUBLIC HEARING OF THE CITY PLAN- NING COMMISSION OF THE CITY OF LIVONIA On December 23, 1958 the above meeting was held by the City Plan- ning Commission of the City of Livonia at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Robert Angevine, Chairman, ca lied the meeting to order at approximately 8:15 p.m. Members present : Robert Angevine, H. Paul Harsha, Vilfred Oker- strom, Charles calker, Dennis Anderson, William Robinson,. Robert Peacock, and#Robert Greene Members abs ent: Leonard Ka ne Mr. Mc Cullough, City Planner and Mr. Rodney C. Kropf, Assistant City Attorney, were present along with approximately 20 interested persons. Mr, Mc Cullough announced the first item on the agenda was Peti- tion M.-143 by Peter Ventura requesting permission to operate a new convalescent home with modern equipment a nd facilities on property located on the east side of Middlebelt Road approximately 110 feet South of Grandon Avenue in the Southwest 1/4 of Section 36. Mr. Peter Ventura was present a nd stated he w ished to withdraw his petition due to improper zoning. Stated further that he had been informed that the zoning should be PS (Professional Services) . Upon a motion duly made by Mr. Robinson, supported by Mr. Okerstrom, it was #12-390-58RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, December 23, 1958, the City Planning Commission does hereby gra nt permission to Peter Ven- tura to withdraw Petition M-143 due to improper zoning for use requested. A roll call vote on the foregoing resolution resulted in the following: AYES : Harsha, Anderson, Okerstrom, Robinson and Angevine NAYS: Peacock, talker The Chairman declared the resolution is adopted. Mr. Talker & Mr. Peacock felt that a new public hearing should be held under the correct zoning. Mr. Ventura stated he had not been aware that a PS zoning was required for the use he had asked permission for tonight, but that he will concur with it. Stated further there were several lots 330ft . deep fronting on Oxbow and Middlebelt and that at the present time it was being used as a dumping area for junk. Felt that the convalescent home would be of a benefit to the city. 2329 Mr. Harsha stated no mention was made in the agenda as to the zoning. Mr. Mc Cullough stated that there had been no request for a change of zoning. This petition was for permission to operate a con- valescent home in the present zoning. Mr. Ventura stated he had not been aware that convalescent homes were not allowed in R-2, that the zoning would have to be changed to PS. Mr. Robinson stated that the PS ordinance is not an amendment to R-2. It is an ordinance by itself. The R-2 ordinance would have to be amended to withdraw the use of hospitals because at the present time they a re still allowed in R-2. '.)tated further that the planning commission had established the PS ordinance to act as a buffer between the residential and commercial districts, ;that it had not been the intent of the Commission to remove some of the uses of the other classifications. Mr. Kropf stated he felt that it had been the intent of the Commission to place specific uses in the PS ordinance and that he would be glad to give a written opinion of this but at this time it was his opinion that convalescent homes were excluded from R-2 because of the PS ordinance. Mr. Walker asked how can the Commission not allow this specific use under R-2 zoning if it is still allowed in the ordinance; how can this petition be denied on the basis that it should be PS zoning until such time that the ordinance is amended and it is removed. Mr. Ventura stated that had been the opinion of his attorney but that he would abide with whatever the Commission decides. Mr. ''alker stated that a motion had been passed withdrawing the petition--will the petitioner have to refile his petition because of this. Mr. Robinson stated that the Commission could rescind the pre- vious motion to withdraw petition. Upon a motion duly made By Mr. Harsha, supported by Mr. Robinson, and unanimously adopted, it was #12-391-58 RESOLVED, that the City Planning Commission does hereby recind previous resolution #12-39-58 to with- draw ..PetitionMv143 at the request of Mr. Ventura. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Harsha, Anderson, Okerstron, Robinson, Angevine NAYS: None 2330 The Chairman declared that the resolution is adopted and pre- vious resolution is rescinded. Mr. Angevine a sked if there was anyone in the audience who wished to speak either in favor or opposed to Petition, Mr. W. Phillippi, 29426 Grandon asked what was the size and height of the building, where it would be located on the lot and what kind of parking facilities would there be for this business. Mr. Ventura stated that the size of the building had not been determined because they were first waiting for approval of the petition. The building w ill be a one story masonry type. It will not be any closer than 70ft. to the rear lot line of the property. It would be of a modern design: and used for only caring of convalescent people. It willbe conducted by three doctors and will meet with all the rules and regulations of the Building Department as to the required area for parking. The convalescent home will adhere to the rules and regulation of the State Health Department which handles convalescent homes . Mr. '3hillippi stated he did not feel that this location was good for a convalescent home. Asked what action could the surrounding residents take if they objected to having a convalescent home in this area, Mr. Angevine stated that their objections should be stated to- night at the public hearing; that phis was the reason for holding a public hearing. Mr. Ventura stated that there would be no mental patients in this hospital, that it would have approximately 6o Or 70 beds and most of the cases would be post- operative. Mr. Walker stated there was still some doubt in his mind a s to the zoning and would like to ask for a legal opinion. Mr. Kropf stated he would like to make a written opinion on this but if the Commission cares to act tonight it was their previlege. Mr. Phillippi stated he felt that more specific plans should be presented as to what type of building, where it will be situated on the lot, before action is taken. Mr. Anderson stated he suggests that this item be taken under advisement. Mr. Angevine stated that this item would be taken under advisement until the legal department has given an opinion. Mr. Mc Cullough announced the next item on the agenda was Petition I: -333 by Chester A.Simpson, Heinrich Claus, and Eli Broad asking for a change of zoning classification on parcels of land located on the Northwest corner of Seven Mile Road and Sunset Blvd. , in I • 2331 the Southwest 1/4 of Section 2 from RUFB to R1A. Mr. Broad was present . Mc Cullough stated there was no correspondence . Mr. Angevine asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. Mr. Broad stated he had a letter from Mr. Folsom who stated that • the Parks & Recreation Department w ere not interested in the site for a park. State d further he has spoken to the Superin- tendent of Schools and while he did not ha ve a letter from them, they did inform him: that they did not think they would be interest- ed in the site any longer because of the site located on the south side of Seven Mile Road. Mr. Okerstrom questioned the 301 right of way dedicated for a street shown on the plat submitted w ith the zoning petition. Felt that 301 was not a dequate. Mr. Angevine stated that this did not have anything to do with zoning request. Mr. Cullough stated he would suggest that the builder be request- ed to show larger lots on the east side of the plot because of the larger homes already built. Upon a motion duly made by Mr. Peacock, supported by Mr. Anderson it was #12- -58 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-333 as submitted by Chester A. Simpson, Heinrich Claus and Eli Broad for a change of zoning in the Southwest 1/4 of Section 2 from RUFB to R1A, the City Planning Commission does hereby recommend to the City Council that Petition Z-333 be granted, and FURTHLR RESOLVED, notice of the a bove hearing was pub- lished in the official newspaper, The Livonian, under date of December 4, 1958 and notice of which hearing was sent to The Detroit Edison Co. , Chesapeake & Ohio Railw ay Co. , Michigan Bell Telephone Co. , The Consumers Power Co. , City Departments and petitioner as listed in the Proof of Service . Mr. Okerstrom asked what s ize lots did Mr. McCullough suggest for the eastern half of the proposed plat. Mr. Mc Cullough stated he would suggest when the plat came before the Planning Commission that they be of 80 ft. frontage. Mr. Okerstrom asked how can we request lots with 80 ft. frontage in a R1A district which requires only 6o ft. frontage . Mr. Talker felt that we should provide the proper zoning for this area so that only 80 ft. lots would be used. Mr. Peacock stated he would like to withdraw his previous motion. z Mr. Anderson stated he would withdraw his support. Mr. Peacock stated he would like to have this item taken under advisement for further study, as there is no concrete evidence 2332 that the developer would plat the lots on the eastern half into larger lots. Mr. Harsha stated that the study made by the Planning Consultant designates that this area be a RIA district. Most developers have been agreeable with the Planning Commission to have larger lots in certain areas . I would like to make the same motion that Mr. Peacock previously made before. This has nothing to do with the rezoning petition now. Upon a motion duly made by Mr. Harsha, supported by Mr. Anderson, it was #12-392-58 RESOLVED that, pursuant to a Public Hearing having been held on Petition 7-333 as submitted by Chester A. Simp- son, Heinrich Claus, Eli Broad, for a change of zoning in the Southwest 1/14 of Section 2 from RUFB to R1A, the City Planning Commission does hereby recommend to the City Council that Petition 7,-333 be granted, and FU1THF t RESOLVED, notice of the above hearing was pub- lished in the official newspaper, The Livonian„ under date of December if, 1958 and notice of which hearing was sent to The Detroit Edison Co. , Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co. , :The Consumers Power Co. , City Departments and petitioner as listed in the Proof of Service. Mr. Walker suggested that before a decision is made on the re- zoning that the developer bring in his plat showing the larger lots on the eastern half of the property. Mr. Broad stated he had been informed that the property would have to be rezoned before a plat is submitted. Mr. Anderson felt that the Planning Commission was going beyond their limit of authority to ask for a plat at the time a petition is being heard on a rezoning. Stated further that the Planning Commission cannot put any strings on any rezoning, and that he would like to have a roll call v ote on the motion as presented and supported. Mr. Walker stated he would like to ask the petitioner if he would be willing to have larger lots in the eastern half of the prop- erty or if he would object to it. Mr. Broad stated that they would be very willin, to work out the land use with the Planning Commission aid the Planner. A roll call vote on Resolution #12-392-58 resulted in the follow- ing: AYaS: H arsha,Anderson,Walker, Robinson, and Angevine NAYS : Peacock and Okerstrom 2333 The Chairman declared the motion is carried and petition is grant ed. IL Mr. Mc Cullough announced the next item on the agenda was Petition Z-334 by Jan Chmielewski, through his attorney, Donald C. Deremo asking for a change of zoning classification on property located on the Northwest corner of Joy Road and Fremont Avenue in the Southeast 1/4 of Section 35 from RUFB to C-1. Mr. Donald Deremo present. The Commissioners examined the area plan. There was no one in the audience who wished to speak either in favor or opposed to petition. Mr. Mc Cullough stated there was an existing industrial and Com- mercial building on the property and presently is a non-conform- ing use. Felt that to grant petition would not carry out the in- tention of the language of the non-conforming use provisions which is to let such uses expire. Mr. Deremo stated that the petitioner had no expansion plans for this building. He merely desired to sell it. Stated further that no one was interested in purchasing said building unless they would be allowed to continue the present use of the building. Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock, it was #12-393-58 RESOLVED that, pursuant to a Public Hearing having been held on Petition 7,-334 as submitted by Jan Chmielewski through his attorney, Donald C. Deremo for a change of zoning on property located on t he Northwest corner of Joy and Fremont Avenue in the Southeast 1/4 of Section 35 from RUFB to C-1, the City Planning Com- mission does hereby recommend to the City Council that petition Z-334 be denied for the following reasons : (1) the requested zoning change is not in harmony with the comprehensive zoning . .p or in harmony with the zoning of surrounding properties; (2) the present zoning classification of the property will better promote the orderly development of the community and is in accord with the comprehensive zoning map and allows the property to be used for its most logical purpose; (3) the proposed change would interfere with the peace- ful use and enjoyment of surrounding residential properties, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livoniaq, under date of December 4, 1958 and notice of which hearing was sent to the Detroit Edison Co., Chesapeake & 01,,io Railway Company, Michigan Bell Telephone Co., The Consumers Power Co. , City Departments and petitioner as listed in the Proof of Service. • 2334 Mr. Okerstrom stated he felt that the Commission should study this area further as he felt that the only proper use for it is C-1. The homes presently are not of a R1A standard; if this area was disbanded as a non-conforming use, felt that the only proper zoning would be C-i. A roll call vote on the foregoing resolution resulted .in the following: AYES: Peacock, Walker, Harsha, Anderson, Robinson NAYS: Okerstrom and Angevine The Chairman declared the foregoing resolution is adopted. Xr..Mc Cullough announced the next item on the agenda was Petition Z-336 by James N. Canham for Leo Stein asking for a change of zoning classification on property located on the Southeast corner of Seven Mile Road and Sunset Blvd. , in the Northwest 1/4 of Section 11 from RUFB to PS. Mr. James Canham present. There was no one in the a udience who wished to speak either in favor or opposed to petition. Mr. Canham stated that the proposed use for this property was a, dental and medical clinic, the design to conform with the surround- ing residential homes. He submitted a sketch to the Commission of the proposed building. Stated further there would be adequate parking facilities with a separate parking area for the patients and the employees . Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock and unanimously adopted, it was #12-394-58 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-336 as submitted by James N. Canham for Leo Stein asking for a change of zoning classifi- cation on property located inthe Northwest 1/4 of Section 11 from RUFB to PS, the City Planning Commission does hereby recommend to the City Council that Petition Z-336 be granted, and FURTHER RESOLVED, notice of the above hearing was pub- lished in the official newspaper, The Livonian, under date of December 4, 1958 and notice of which hearing was sent to The Detroit Edison Co . , Chesapeake & Ohio Railway Co. , Michiga n Bell Telephone Co. , The Consu- mers Power Co. , City Departments and petitioner as listed in the Proof of Service. The Chairman declard the motion is carried and petition is granted. Mr. Mc Cullough announced the next item on the agenda was Pet- ition 7-337 by Leonard J. Grabor on behalf of Oakview Homes, Inc. asking for a change of zoning classification on parcel of land' • . 2335 located on the West side of Middlebelt Road approximately 1800 ft. 1110 north of Schoolcraft in the Southeast 1/4 of Section 23 from RUFB to C-1. Mr. David A. Goldman, representing Leonard J. Grabor, stated that originally they petitioned for C-1 zoning but been informed that they should have asked for PS. Stated further that they would like to verbally amend their petition to ask for a PS zoning classification and not the C-1. A letter verifying this would be submitted to the Commission. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Walker, and unanimously adopted, it was #12-395-58 RESOLVED that, the City Planning Commission does here- by give permission to Mr. David A. Goldman, on behalf of Mr. Leonard J. Grabor to amend Petition 7-337 to read from C-1 to PS classification. The Chairman declared that the petition has been verbally amended. Mr. Goldman stated that the building would be on Lot 90 and the parking lot on Lot 91. Mr. Peacock asked why the ingress and egress was loc ated on the side street rather than on Middlebelt. Mr. Goldman stated there had been no specific reason. Mr. Robinson stated he felt that this item should be taken under advisement until further study has been made on the plans . i There was no one in the audience who wished to speak either in favor or opposed to petition. #Mr. Robert L. Greene arrived ' at 9 :15.p.m. Mr. Angevine stated if the building is on the corner of Middlebelt and Bentley Avenue, he felt that the ingress and egress should be on the side street and not on Middlebelt Road. Mr. Anderson concurred with Mr. Angevine. The Chairman declared that this item would be taken under advise- ment until a further study is made on the ingress and egress. Mr. Mc Cullough announced the next item on the agenda was Petition 2-338 by Thomas Sinacola, et al, asking for a change of zoning classification on parcel of land located on the East side of Purlingbrook Road approximately 350 ft, South of Eight Mile in the Northeast 1/4 of Section 2 from RUFB to Ri. Mr . H. Munzel was present along with Mr. Thomas Sinacola. Upon a motion duly made by ivir. Robinson, stIpported by Mr. Okerstrom I: and unanimously adopted, it was 2336 ##12-396-58RESOLVED that, The City Planning Commission does here- by give permission to Mr. Thomas Sinacola to verbally ][10 amend Petition 2-338 to read R1A. The Chairman declared that Petition -338 is verbally a mended to read R1A. There was no one in the audience wo wished to speak either in favor or opposed to petition. #12- -58 RESOLVED that, pursuant to a Public Hearing having been held on Petition 7-338 as submitted by Thomas Sinacola, et alp, asking for a change of zoning classification on property located in the Northeast 1/4 of Section 2 from RUFB to R1A, the City Planning Commission does hereby recommend to the City Council that Petition Z-338 be granted, and FURTHER RLSOLVED, notice of the above hearing was pub- lished in the official newspaper, The Livonian, under date of December 4, 1958 and notice of which hearing was sent to The Detroit Edison Co. , Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co., The Con- sumers Power Co. , City Departments, and petitioners as listed in the Proof of Service. Mr. Harsha stated on the master pattern it is shown that this area is proposed for industrial. Asked the Commission if they were deciding to depart from the master pattern and rezone this to R1A. Mr. Robinson stated he wished to withdraw his motion because of proposed zoning shown on the master pattern. Mr. '-calker stated 300 ft. is shown as the depth of industrial zoning along this area. Questioned whether 300 ft . is adequate for M-1 zoning considering the type of buildin ;s that are built today. Felt that this should be decided before action can be taken upon this petition. Mr. Anderson stated if the balance of the Commission felt that a further study should be made in relation to M-1 zoning, he would withdraw his support on Mr. Robinson's motion. Mr. Robinson stated that he felt that the Commission had a certain obligation to the Master Pattern study before making this decision. Mr. Greene stated he concurred with Mr. Harsha and Mr. Robinson, Stated further he did not feel that 300 ft. depth was enough for M-1 zoning and that some sort of compromise should be made and that no decision made on this petition until this has been clari- fied. Mr. Greene informed the Commission that the people in this area had formed a Civic Association, strongly objecting to the 2337 depth of M-1 as proposed on the Master Pattern and that they intend to submit a petition to this effect. The Chairman declared that this item will be taken under advise- ment until such time that a public hearing has been held on this section. To date, no definite plans have been made when this public hearing will be held. Mr. Mc Cullough announced the next item on the agenda was Petition Z-339 by Kenneth M. Phillips asking for a change of zoning class- ification on a parcel of land located on the Southeast corner of W. Chicago Blvd. , and Middlebelt Road in the Southwest 1/4 of Section 36 from RUFB to C-1. Mr. Kenneth Phillips and Mr. Charles Cha mberlain were present. Mr. Phillips stated that the bank had informed him that they would finance under the C-i classification but they were wary of the PS Classification. Mr. Angevine asked if there was any one in the audience who wish- ed to speak either in favor or opposed to petition. Mr. Guy Holwig, 29147 W. Chicago objected to the C41 classification and proposed plans for the area because of the school directly across the street . Felt that more information as to what type of building, how large, facilities for parking and that the property owners in that area would object to anything other than a PS classification. Mr. Phillips stated that this will be a single project, that no other type of business will be going into that area and that the only reason that a request for C-i was asked was for financial reasons. Mr. Malone, 26180 Hathaway objected to the C-1 classification, but would not oppose the PS classification. Mr. Greene stated that the problem of getting financial aid for a PS classification has come up before and will continue to came un. the banks are acquainted with the new zoning district. Stated further that he felt they should not discriminate against the PS district. At this time we have an argument against the C-i request and I do not see why a PS zoning can't be used. Mr. Phillips stated they were prepared to verbally amend their petition to request a PS classification rather than the C-1 if the Commission will permit them to. Upon a motion duly made by Mr. Walker, supported by Mr. Anderson, and unanimously adopted. it was . 2338 #12-397-58 RESOL /ED that theCity Planning CommissionCitdoesrb here- by give perm dsior, to enne amend Petition Z-339 to request a PS classification I: and that a letter be submitted to the Planning Commission verifying this request . Mr. Hoiwig, asked if there was any way the property ow:iers could limit the height of the building in a PS zone in order that it will c onform with the surrounding area. Mr. Angevine stated there was a maximum height of 35 feet, which will permit a two story building under the PS ordinance. Mr. Hoiwig asked that it be limited to a one story building. Mr. Chamberlain stated that they were proposinga14' building which would be lower tian most of the adjacent homes . Mr. Hoiwig . than inquired as to the set back of the building, the parking facilities and how close would it be to the homes at the side of the lot. Mr. Robinson asked Mr. Phillips if it would be convenient to pre- pa re a plot plan, showing the parking, entrances, eta. in order to clarify some of the objections ra ised tonight . Mr. Peacock felt that the property owners in the surrounding area would prefer to have the parking at the front of the building with in- gress and egress from Middlebelt . The Chairma n declared that the item will be taken under advisement until .the petitioner has prepared a plot plan to present to the Commission and the a djacent property owners . Mr. McCullough announced the next item on the agenda was Petition -340 by Joseph Galli asking for a change of zoning classification on parcels of land located on the North side of Norfolk approximate- ly 400 ft. Pest of Gill Road in the Northwest 1/4 of Section 4 from AGB to RUF. Mr. Galli was present . Mr . ?ralker suggested that instead of changing the zoning to RUF, that it be changed to the one proposed on the master pattern, Mr. Okerstrom concurred. Mr. Robinson asked the petitioner if he would verbally a mend his petition to mead RU. Mr. Kropf suggested that action be with- held on this petition until a decission has been made on the master pattern. Mr. Walker concurred. Mr. Angevine asked if there was any one in the audience who wished to speak either in favor or opposed to petition. The Chairman declared that this item would be to ken under advise- ment until a decision has been made on the Master pattern in this section. I: The Chairman called a recess at apporximately 10:10 p.m. Mr. Angevine called the public hearing again to order with all I • 2339 those present now who were present at the time recess was called. Mr. Mc Cullough announced the next item on the agenda was Petition V-40 by certain residents in the Golden Ridge Subdivision request- ing permission to vacate the North-south alley in the area bounded by Hix Road on the "est; Stonehouse Avenue on the East; Northfield Avenue on the North and the East-west alley lying north of and parallel to Joy Road in the South situated in the Southeast 1/4 of Section 31. Mr. McCullough stated that a letter dated December 17, 1958 had been received from the Detroit Edison Company and a letter dated December 8, 1958 from the Department of Public Works. The letter from DPW requested that a ction be w ithheld on petition until such time as the sewers are installed. There was no one in the audience who wished to speak in favor or opposed to petition. The chairman declared that this item will be taken under advisement . Mr. Mc Cullough announced that the next item on the agenda was Petition Z-346 by the City Planning Commission on its own motion to determine whether or not to amend Section 7.52 of Article 7.50 or Ordinance No. 60, entitled, "Zoning Ordinance of the City of Livonia" which pertains to RU uses, Upon a motion duly made by Mr. Robinson, supported by Mr. % alker and unanimously adopted, it was #12-398-58 RESOLVED that, pursuant to a Public Hearing have been held on Tuesday, December 23, 1958, on Petition Z-346 submitted by the City Planning Commission on its own motion to determine whether or not to amend Section 7.52 of Article 7.50 of Ordiance No. 60, entitled, "' Zoning Ordinance of the City Of Livonia", the City Planning Commission does hereay recommend to the City Council that Petition 7,-346 be granted, and FURTHER RESOLVED, notice of th above hearing was publish- ed in the official newspaper, The Livonian, under date of December 4, 1958, and notice of which hearing was sent to The Det roit Edison Co., Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co., The Consumers Power -Co. , 'City-Department, and- as listed in the Proof or Service. The Chairman declared the foregoing resolution is adopted. Mr . Mc Cullough announced the next item on the agenda was Petition Z-347 by the City Planning Commission on its own motion to determine whether or not Section 19.11 of Article 19.00 of Ordinance No. 6o, as amended, entitled, "zoning Ordinance of the City of Livon- ia" should be amended. 2340 Mr. William Lindhout, member of the Zoning Board of Appeals, stated _ that the consensus of opinion among the members seems to be that: the proposed $35,00 fee for a regular meeting should be ten or fifteen dollars. They felt that the $35.00 fee w ould discourage the public to make an appeal, especially on snail items . As for the special meeting, they feel that 00,00 is sufficient enough to discourage them to ask f or a special meeting.. Stated further that he would recommend $10.00 for a regular meeting and $50.00 for the special meeting. Mr. Kropf stated that at a meeting with the Bu.dget Director, Mr. Carrol Lock, the Department of Law and Mr. Happe, Chairman of the Zoning Board of Appealq, it had been decided to raise the fee to 05.00 for the regular reetingbut it appears now that they have decided to reduce tht0; figure . The increase in the fee was done to cover the cost of the secretary and to pay the s ix members of the board.. .The fee as Stated is an average figure compared with surrounding communities. -It ha d been felt that 150.00 would tend to dis courage the smaller items coming up for special meetings. Mr. Lindhout stated he was in accord with the figures as stated by the Law Department and the reduced figures was the consenus of opinion of the remaining members of the board. Mr. Kropf suggested that the Commission pass it as it was present- ed and refer it to the Council w ith the recommendation of the Zoning Board of Appeals and then the Council could reduce it if they wished to. Mr. Robinson suggested the Planning Commission make the changes and then refer it to the City Council. Mr. Angevine asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. Mr. Lindhout stated his personal opinion was to charge 6100.00 per special meeting and ce15.00 for a regula r meeting. Felt that the $35.00 fee would be a hardship for regular meetings. Mr. Peacock suggested a fee of $25.00 for a regular meeting to de- fray the cost of the secretary and the payment to the members of the board. Mr. Lindhout concurred. Upon a motion duly made by Mr. talker, supported by Mr. Peacock, and unanimously adopted, it was #12-399-58 RESCUED that, pursuant to a Public Hearing having been held on Petition Z-3L7 submitted by the City Planning Commission on its own motion to determine whether or not Section 19. 11 of Article 19.00 or Ordinance No. 60 entitled, "Zoning Ordinance of the City of Livonia" should be a mended, the City Planning Commission does Hereby recommend to the City Council that Petition Z-347 be granted, provided, however, that the 2341 fee for the Regular Meeting be changed from 05.00 to $25.00 and that the fee for the Special Meeting remain at4100.00. and FURTHER RESOL'IED, notice of the above hearing was pub- lished in the official newspaper, The Livonian, under date of December 4, 1958 end notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Co., City Departments as listed in the Proof of Service. The Chairman declared the foregoing resolution is adopted. Mr. Mc Cplleugh announced the next item on the agenda was Petition -349 by the City Planning Commission on its own motion to deter- mine whether or not Section 4.13 of the Zoning Ordinance No. 6o, entitled,,, "Zoning Ord inance of the City of Livonia" should be amended. This applies to the Topsoil Ordinance , Mr. Walker stated that after a discussion with the other members of the commission prior to this meeting, it was felt that a pro- tection clause should be inserted in the ordinance to protect the planning commission in relation to having topsoil stockpiled for a long period, and that a permit should be required to stock- pile topsoil. Mr.Kropf stated at present the law only covers topsoil sold for commercial use; felt tha provision should be made tor equire a permit for any topsoil removed. Suggested that this ordinance be referred back to the Law Department to be redrafted. Mr. Angevine asked if there was anyone in the audience who wished to speak in favor or opposed to petition Mr. Angevine declared that this item would be taken under advise- ment until the Law Department ha s revised ordinance. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Walker , and unanimously adopted, it was #12-400-58 RESOLVED that, the Planning Commission does hereby adjourn the Public Hearing at approximately 10:30 p.m. on Tuesday„ December 23, 1958. Mr. Angevine called the 100th Special Meeting to order at approx- imately 10:31 p.m. with all those present now who were present at the close of the public hearing. Mr. McCullough announced the next item on the agenda was a letter dated December 1, 1958 from Harry Slatkin Builder*, Inc. , re- questing a one-year extension on Country Homes Subdivision No.S located on the Northeast corner of Five Mile andNewburg Roads in the Southwest 1/4 of Section 17. Preliminary approval granted 234.2 January 7, 1958. Mr. Hermanoff was present along with Mr. Hamill. The question was raised as t o whether or not the northeast corner of Five Mile Road and Newburgh Roads was zoned C-2 or R1A. It was determined tilt the old zoning mat) designated the corner to be C-2 although the present zoning map does not. Mr. McCullough was asked to verify this for the next meeting. It was suggested that this plat be taken under advisement for fur- ther s tudy in relation to the proposed 70' minimum lot size. Mr. Hermanoff stated that he was only before the Commission for an extension of time and that any changes made now would be incorp- orated on the final plat at the time it is up before the Commission for approval. Mr. Pea cock stated he would like to see the corrections made on the plat and have it submitted to the Commission before an exten- sion of time is granted. Mr. Robinson concurred with Mr. Peacock's suggestion. Mr. Hermanoff suggested that the plat be given the extension subject to the requirements of the City Planning Commission and submit the cor- rected plat at a later meeting. He further stated that his reason for this w as due to the expiration date being so close. Mr. Peacock stated he would still prefer to have the plat with the corrections come before the commission before approval is granted. } The City Planner informed the Commission that the corrections had been brought to the attention of the petitioner well in advance of tonight's meeting. Mr. Walker stated he preferred to wait until there is a verification of the commercial corner on Five Mile and Newburgh Roads and also a further study with the commission as to the 70 ' lot size. Mr. Hermanoff stated that they had assumed that when the approval was granted in January, 1958 that there were no changes to be made on this plat and that the 60' lots should be maintained as on the plat given the approval. At the present time, we are coming in for an extension and will abide with what the Planning Commission decides. Mr. Anderson stated he felt that Mr.. Mc Cullough had the Commis- sion's thinking on this plat and that it should be taken under advisement until the petitioner can get in touch with the City Planner and ma ke the necessary changes and then submit the revised plat before the next meeting. me. Cullough stated he w ould submit the changes to the petitioner. Mr. Robinson asked how will the drain be platted when it is covered. Mr. Hermanoff stated that this is under the supervision of Hubbell, • 2313 Roth and Clark, Engineers a nd that this will be a public easement or dedicated to the City. Stated further that they had no control over the drainage. Mr . Harsha asked if this plat couldn't be given the extension subject to the changes recommended by the pity Planner. Mr. Angevine stated it was possible except for the questions raised by several members of the Commission. Mr. Hermanoff stated they would comply with Mr. Mc Cullough's suggestions. The chairman declared that this item will be taken under advise- ment until the changes were made. Mr. Mc Cullough announced the next item on the agenda was a letter dated December 2, 1958 from James L. Johnson, requesting a one-year extension on Spring Valley Subdivision. No. 3 located on the North side of Seven Mile Road between Merriman and Hubbard Roads in the East 1/2 of Section 3. Preliminary approval gra nted January 15, 1957; extension granted for one year on December 3, 1957. Mr. Johnson was present. He stated that there w as only one tier of lots remaining whichhave not been platted. It is this tier than an extension of time has been asked for. These lots will be platted as soon as Merriman Road is extended north of Seven Mile Road. The question was raised why the zoning had never been changed from RUT' to R1. Mr. Harsha stated that at the time Spring Valley Subdivision No.1 had been platted, it had not been necessary to first rezone the property at that time. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Peacock it was #12-t.O1-58 RESOLVED that, the City Planning Commission does hereby grant a one year extension to James L. Johnson on Spring Valley Subdivision #3 located on the North side of Seven Mile Road between Merrima n and Hubbard Roads in the East 1/2 of Section 3. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Harsha, Anderson, Okerstrom,Robinson and Angevine NAYS: None NOT VOTING: Greene The Chairman declared the foreg.aing~- resolution is adopted. Mr. Mc Cullough announced the next item on the agenda was Petition Z-324 by Mildred Melow, Abbie Curtis Scheunemann and Eckels Develop- 2345 ment asking that the zoning classification on a parcel of land located on the Southwest corner of Five Mile and Newburgh Roads in the Northsastl/4 of Section 19, portion of the proposed Castle Gardens Subdivision be changed from RUFB to C-2. Public Hearing November 18, 1958, item taken under advisement; study meeting November 25, 1958. Special meeting December 2, 1958, item taken under advisement. Study meeting December 9, 1958. Mr. Mc Cullough stated that this item was put on the agenda at the request of one of the Planning Commission members. Mr. Peacock stated he would like to see this item and the next item pertaining to Petition Z-325 discussed together because he felt that they had a bearing on each other. Mr. Angevine concurred with Mr. Peacock. Mr. Walker felt that they could be discussed together but acted upon separately. Mr. Robinson stated that there were approximately 31.9 acres of commercial zoning in that area at the present time and that on the master pattern there are only 22 acres shown. He asked Mr. Hermanoff who was present if he would be willing to rezone a portion of his C-2 propety located on the Northeast corner of Five Mile and Newburgh Roads to a park to eliminate some commercial. Mr. Hermanoff stated that this would require some thought first before he could agree to this. Mr. Robinson felt that this area should be further studied by the Planning Com- mission before additional commercial is added to the present commercial district. Mr. Leonard Farber, Rose-Hill Builders, felt that it was farbetter to rezone a larger piece of property to Commercial and then not use it all as Commercial, than to rezone a smaller piece and after the residents have moved in, to add to the commercial. Felt that the propeity owners would resent this. Mr. Robinson felt that this area should have more study before adding any more commercial zoning to it. Mr. Okerstrom stated that he had asked a certain item to be added on to the agenda tonight. Stated further he was in error when he had requested this petition, that he had intended that the petition in relation to the Master Thoroughfare Plan for deleting Hix and Lyndon in Section 19, to be added on to tonight's agenda. Mr. Walker stated that this matter of commercial property had been before the Commission for approximately three years and that he felt that a large area of commercial zoning is necessary in this area because of the subdivision proposed consisting of 1800 homes, and the parking facilities that will be needed. Stated further that if the commission denies petitioner the right to go ahead with his plans, it will hurt the City by driving the property owners to a surrounding community to shop. Mr. Greene asked the petitioner whether or not he could combine the two areas requested for rezoning into one area to serve this whole area. Mr. Farber stated he did not think it would be adviseable. Felt it was better to ask to have a large portion rezoned even though it may prove that that much area is not necessary. 2346 Mr. Greene asked why he felt that two areas are necessary instead of one. Mr. Farber stated that they try to make allowances for the future. If they are proved wrong, and all this area is not needed, this property can then be re- zoned back to R1. Mr. Walker felt that Petition Z-324 should be approved but that Petition Z-325 should be tabled until such time that this matter of how much commercial area is necessary is further studied. Mr. Peacock stated he felt that one commercial area should be allowed but that the other one should be denied. Upon a motion duly made by Mr. Walker, supported by Mr. Peacock, it was #12-402-58 RESOLVED that, pursuant to a Public Hearing having been held on November 18, 1958 on Petition Z-324 as submitted by Mildred Melow, Abbie Curtis Scheunemann and Eckels Development Company for a 11h*nge of zoning in the Northeast 1/4 of Section 19, from RUFB to C-2, the City Planning Commission does hereby recommend that Petition Z-324 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of October 30, 1958 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co., City Departments and petitioners as listed in the Proof of Service. Mr. Robinson suggested that the Planning Commission discuss this item further. Stated he felt that if this property is rezoned to C-2, that a portion of the area already zoned C-2 should be rezoned to residential so as to reduce the amount of C-2 in this area. If this area is rezoned to C-2 now, there would be a total of 54 acres of commercial zone, Suggested that the planning consultant be asked to attend a study meeting and explain his recommendations. Mr. Robinson further stated he was not suggesting that this item be denied but only tabled until it is studied a little further. Mr. Anderson stated he would like to go on record that he concurs with Mr. Robin- son that this item should be taken under advisement. Mr. Harsha asked what was the total acres of commercial designated by the planning consultant. It was ascertained that the planning consultant had designated 22 acres for this immediate area, and that the petitioner has asked for the rezoning of 22.94 acres, approximately 1.7 acres over the designated amount. Mr. Greene stated he felt that Mr. Robinson had a point in asking just how much commercial was necessary in this area. A roll call vote on Resolution #12-402-58 resulted in the following: I[: AYES: Peacock, Walker, Harsha and Okerstrom NAYS: Anderson, Robinson, and Angevine NOT VOTING: Greene 2347 The Chairman declared that the motion is carried and Petition Z-324 is granted, Upon a motion duly made by Mr. Peacock, supported by Mr. Okerstrom, it was #12- -58 RESOLVED that, pursuant to a Public Hearing having been held on November 18, 1958 on Petition Z-325 as submitted by Eleanore Marie Zachman and Eckles Development Company for a change of zoning in the Northwest 1/4 of Section 19 be changed from RUFB to C-2, the City Planning Commission does hereby recommend to the City Council that Petition Z-325 be denied for reasons that there is sufficient commercial zoning in that area, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonia n under date of October 30, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co., City Departments and petitioner as listed in the Proof of Service. Mr. Walker stated he would like to suggest to Mr. Peacock that he include "without prejudices' in his motion. Mr. Peacock stated he would like his motion to stand as submitted, to have petition denied. Mr. Okerstrom stated he would like to withdraw his support as he concurs with Mr. Walker. The foregoing resolution died for lack of support. Upon a motion duly made by Mr. Anderson, supported by Mr. Okerstrom, it was #12.403x58 RESOLVED that, Petition Z-325 submitted by Eleanore Marie Zachman and Eckles Development for a change of zoning in the Northwest 1/4 of Section 19 be changed from RUFB to C-,2 is hereby tabled. A roll call vote on the foregoing resolution resulted in the following: AYES: walker, Okerstro_a, Anderson, Ha rsha, Robinson and Angevine NAYS: Pe acock NOT VOTING: Greene The Chairman declared that Petition Z-325 is tabled. Upon a motion duly made by Mr. Peacock, supported by Mr. Anderson, it was #12-404-58 RESOLVED that, pursuant to a Public Hearing having been held November 11, 1958 the City Planning Commission does hereby deny approval to preliminary plat of the Livonia Meadows Subdivision No. 2 in the Southeast 1/4 of Section 12, for the reason that the area sought to be platted is designated as a park site on the Master School and Park Plan, and 2348 FURTHER RESO,.,VED, 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 not having been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, Parks & Recreation Department and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Valker, Anderson, Okerstrom, Greene, Robinson and Angevine NAYS: Harsha The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Mr. Robinson, supported by Mr. Okerstrom it was #12-405-58 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan of 1931, as amended, the City Planning Commission of the City of Livonia having duly held a public hearing on Tuesday December 2, 1958 for the purpose of amending Part I of the Master Plan of the City of Livonia, entitled, "Master Thoroughfare Plan", the same is hereby amended so as to delete Hix and Lyndon Roads in Section 19 from the MasterThoroughfare Plan for the reason that said roads are unnecessary and would serve no useful purpose if further designated as future roads on the City's Master Throughfare Plan, and having given proper notice of such hearing a s re- quired by Act 285 of 1931, as amended, the City Planning Commission of the City of Livonia does hereby adopt said a mendment 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 under date of April, 1951 with all amendments thereto; and further that this amend- ment shall be filed with the City Council, City Clerk and the City Planning Commission; and a copy shall also be forwarded to the Register of Deeds for the County of Viayne with the following certification contained thereon: "We certify that the foregoing resolution was duly adopted at a meeting of the City Planning Commission held on Tuesday, December 23, 1958 by the following vote: AYES: Peacock, Walker, Harsha, Anderson, Okerstrom, Greene, Robinson and Angevine NAYS: None 2349 The Chairman declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Robinson, supported by Mr. Thalker and unanimously adopted, this 100th Special Meetings duly adjourned at approximately 12:55 A. M. Wednesday December 24, 1958. William R. Robinson, Secretary ATTESTED: o ert L. Ang vine, C airman