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HomeMy WebLinkAboutPLANNING MINUTES 1961-06-13 3207 MINUTES OF THE 132ND SPECIAL MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 13, 1961 the City Planning Commission of the City of Livonia held the 132nd Special Meeting at the Engineering Building, 13325 Farmington Road, Livonia, Michigan. Mr. Charles W. Walker, Chairman called the Special Meetingto order at approximately 8:05 p.m. Members present: James Cameron, James Watson, Jr. , Robert L. Greene, Robert L. Angevine, Dennis Anderson, Leonard K. Kane, W. E. Okerstrom and Charles W. Walker Members absent : Robert M. Peacock Mr. David R. McCullough, City Planner, was present along with approximately four interested persons in the audience. Mr. Charles Forrest, Jr. , Assistant City Attorney was present also. Mr. McCullough: The first item on the agenda is Petition Z-495 by the City Planning Commission asking that the zoning classification on property located on the South side of Eight Mile Road approximately 670 ft. East of Farmington Road in the Northwest 1/4 of Section 3 be rezoned from C-2 to M-1. Public Hearing 2/21/61; Regular Meeting 4/18/61; Study -'..----z I Meeting 5/16/61. The City Planner explained that a series of meetings with owners of nearby residential land who originally objected, to granting the petition, has resulted in them with- drawing their objections, provided certain conditions are met. Leaders of the appropriate Civic Association headed by Mr. V. C. Reddy of 19938 Shadyside, have polled all the residents of the area and their findings are re- flected on the map in front of the commissioners tonight. They would like the Commission to proceed with rezoning the entire area east of Farmington and north of Pembroke in accordance therewith. They would like, however, the following additional conditions imposed on the subject land as well as on any land hereafter zoned M-1 along the south side of Eight Mile Road: (1) that outside storage of machinery, trucks and materials shall be prohibited; (2) that noise emanating from the premises shall not exceed 65 decibels as measured at a point 5 feet above the property line; (3) that the owner of the manufacturing use shall erect a 6 foot masonry wall as is required between commercial and residential uses. Additionally they requested a condition covering odors, but this is already covered by Section 14.03 (g) of the Zoning Ordinance. Mr. McCullough stated that the Planning Commission will recall that at the public 110 hearing on the matter, Mr. Oakes agreed that if given the zoning he would discontinue parking cars in the right-of-way of Shadyside. The attention of the Commissioners was also directed to the fact that Mr. Oaks' parcel is 87' x 220' and because he is adding to the west side of his building he may have difficulty with the side yard requirements. Mr. Oaks indicated he has made arrange- ments to buy additional land to the east. He can remedy the side yard defect by 3208 getting it waived by the Board of Zoning Appeals or by having them extend the M-1 Ir. zoning under the power granted by Section 19.06 (g). Upon a motion duly made by Mr. Cameron, supported by Mr. Angevine, it was #6-102-61 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, Feb. 21, 1961 on Petition Z-495 as submitted by the City Planning Commission for a change of zoning in the Northwest 1/4 of Section 3 from C-2 to M-1, the City Planning Commission does hereby recommend to the City Council that Petition Z-495 be granted subject to the _ following conditions: (1) that outside storage of machinery, trucks and materials shall be prohibited; (2) that noise emanating from the premises shall not exceed 60 decibels as measured at a point 5 feet above the property line; (3) that the owner of the manufacturing use shall erect a 6 foot masonry wall as is required between commercial and residential uses; and said petition being approved for the following reasons: (a) the City should encourage expansion of industry to increase its revenues; (b) the north side of Eight Mile Road at this location `` is either built up or about to be built up with industrial uses; (c) the people who previously objected to this rezoning have agreed to withdraw their objections if the fore- going limitations are imposed not only on this land, but on any land between Parker and Shadyside which is in the future zoned M-1. FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of February 1, 1961 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Watson, Angevine, Anderson, Kane and Walker NAYS: Okerstrom NOT VOTING: Greene Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition Z-507 by William Nern for P. Acitelli and R. Vidergar who is asking that the zoning classifi= cation on property located approximately 360 ft. South of Eight Mile Road and approximately 300 ft. East of Osmus in the Northeast 1/4 of Section 3 be rezoned from RUFB to M-1. Public Hearing 5/23/61, under advisement. Mr. McCullough advised the Planning Commission that Mr. Acitelli, the petitioner, and Mr. Douglas Harma, representing the objectors, were meeting this evening to attempt to find some means of comprimising their differences of opinion and will report their 3209 Ir. conclusions prior to the next meeting. Mr. Walker stated this item would be taken under further advisement. Mr. McCullough: The next two items, Petition Z-509 and Z-503 will be discussed together since they relate to both sides of Henry Ruff from Schoolcraft northwardly to Lyndon, in the South half of Section 23. Mr. McCullough explained that the lots along the east side of Henry Ruff are contained in Lyndon Meadows Subdivisions #3 and #4. Building permits for all lots in #3 have been issued, therefore, rezoning it from RUF to RL could not affect lot sizes accord- ing to the opinion given by Mr. Forrest. As to #4, Mr. Menuck agreed to enter a negative restriction on the face of the final plat to the effect that the lots would not be split. This was explained in detail to members of the Lyndon Meadows Civic Association, who have agreed that this procedure will protect their interests. How- ever, the Planning Commission has not covered this by motion. Therefore, this will have to be done. As to the lots on the west side of Henry Ruff, they are contained in B. E. Taylor's Schoolcraft Manor Subdivision. These lots are generally 100 x 252 with frontage on Hillcrest and Henry Ruff. At the request of the City Planning Commission, Mr. Louis Szabo, one of the owners of these lots, called a meeting of all land owners of Lots 7 through 26. He has reported that 13 of the total of 20 affected landowners were in favor of the rezoning if some legal means could be found to prohibit these landowners from splitting their frontages on Henry Ruff to widths less than as - presently platted. At this point, the Commissioners reviewed the letter of the City Attorney on how this might be accomplished. After further discussion the matter was taken under advisement with instructions to the City Planner to have an appropriate resolution prepared for the next meeting. Mr. McCullough: The next item on the agenda is Petition Z-511 by Goldman and Grabor for Jacob Menuck, Paris Home Builders who are requesting that the zoning classification of property located on the northwest corner of Newburgh and Five Mile Road in the Southeast 1/4 of Section 18 be changed from RLA and R-3 to RM. Public Hearing 6/6/61. Mr. McCullough reminded the commissioners that they had permitted the petitioner to amend his request so that, in effect, his petition is one for a change from RLA to RM or from 80 foot minimum lot sizes to 70 foot minimums. Their attention was called to the fact that the petition as originally drafted covered the entire tract including the area now zoned for apartments. Mr. Goldman has advised this office that this was his mistake and that his purpose was to exclude the apartment area from the proposed rezoning. The Planning Commission was advised that the petitioner's chief argument was that there are 1600 platted 60 foot lots along the south side of Five Mile Road and 600 immediately east of his land which he would have to compete with. The Planning Commission was further advised that M,. . Goldman had requested that disposition of the matter be held up until next Tuesday when he could be present. Mr. Walker stated this item would be taken under advisement with instructions to the City Planner and the City Attorney to prepare both types of resolution for the next meeting. 3210 Mr. McCullough: The next item on the agenda is Petition Z-510 by Theodore Zukosky for the Felician Sisters, who is requesting that the zoning classification of property located on the South side of Five Mile Road and on the East side of Newburgh Road, beginning approximately 800 ft. West of Levan Road and ending just north of Jamison Avenue in the North half of Section 20 be rezoned from R-2 to C-2. Public Hearing 6/6/61. Mr. McCullough recalled for the Planning Commission the arguments of the petitioner in support of the change. This was that the Bakewell Drain, which is to be widened, separated the petitioners' property into two distinct tracts, and that the land north of the drain was unuseable to the hospital. After consideration discussion, Mr. Kane stated he wished to make a motion. Upon a motion duly made by Mr. Kane, supported by Mr. Watson, it was #6-103-61 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 6, 1961 on Petition •Z-510 as submitted by Theodore Zukosky for the Felician Sisters for a change of zoning in the north half of Section 20 from R-2 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition Z-510 be denied for the following reasons: (a) the request is to rezone an area 1800 ft. x 300 ft. along Five Mile Road, and, if it were granted it would eventually tend to produce "string type" commercial development rather than the more desirable integrated shopping center development; (b) if granted, it would generate requests by the owners of residentially zoned land on the north side of Five Mile Road for similar treatment. If the latter were denied, our legal position might prove to be untenable; FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of May 17, 1961 and notice of which hearing was sent to The Detroit Edison Co. , Chesapeake & Ohio Railway Company, Michigan Bell Telephone Co. , The Consumers Power Co. , City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Watson, Greene, Angevine, Anderson, Kane, Okerstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next itemson the agendacce Application TA-81 and TA-62, both submitted by John Migut. TA-81 is a request to remove sand, gravel and topsoil from a portion of Parcel Illb, located onthe north side of Seven Mile Road approximately 650 ft. East of Gill Road in the Southeast 1/4 of Section 4. TA-82 is q request to remove sand, gravel and topsoil from a portion of Parcel JJ2, located on the north side of Seven Mile Road and West of Farmington Road in the Southeast 1/4 of Section 4. The public 3211 hearing for these two petitions was held on Tuesday, June 6, 1961. 1[4. Mr. McCullough pointed out the objections which had been raised by a number of nearby land owners at the public hearing. Commissioner Watson gave a report of his inspection of the premises and a letter from the Engineering Department was given to each member of the Planning Commission. In effect the Engineering Department had reviewed the objections of nearby land owners but reaffirmed its earlier recommendation that the permit be granted. Upon a motion duly made by Mr. Anderson, supported by Mr. Okerstrom and unanimously adopted, it was #6-104-61 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 6, 1961 the City Planning Commission does hereby grant Application TA-81 by John Migut who is requesting permission to remove sand, gravel and topsoil from a portion of parcel IIlb, in the Southeast 1/4 of Section 4, subject, however, to the following conditions: (a) that the applicant shall not at any time allow water to collect on the subject property or on adjoining property and at all times shall maintain adequate drainage; (b) that the applicant shall not excavate below the grade of any pro- posed subdivision streets; (c) that the applicant shall at all times comply with all traffic requirements established by the Police Department; (d) that the applicant shall be obligated to seed all of the land from which topsoil has been removed with some seed acceptable to the Department of Parks & Recreation unless at the time the applicant petitions for the release of the topsoil bond that the Planning Commission relieves the petitioner of this obligation, and subject, also, to the following additional conditions: (e) that no excavation shall be permitted nearer than fifty (50) feet to any property line of an abutting land owner; (f) that in the absence of an emergency situation, no operations of any nature shall be permitted on Sunday; FURTHER RESOLVED, that the applicant deposit with the City Clerk, a corporate surety bond at $500.00 per acre for twenty (20) acres, ($10,000.00) which bond shall be for at least a one-year period, and THAT, the period for which the permit herein, authorized shall be for a period of one year or period not to exceed the expiration date of the bond as required therein, whichever is the shorter period, and THAT, the applicant shall apply for and obtain the permit herein authorized within thirty (30) days from the date of this resolution. FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 feet, petitioner, City Departments as listed in the Proof of Service and recommendationshaving been obtained from the Police Department under date of May 23, 1961 and from the Engineering Department dated May 25, 1961 and June 13, 1961. 3212 Mr. Walker: The motion is carried and the foregoing resolution is adopted. I Upon a motion duly made by Mr. Anderson, supported by Mr. Okerstrom and unanimously adopted, it was #6-105-61 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 6, 1961 the City Planning Commission does hereby grant Application TA-82 by John Migut who is requesting permission to remove sand, gravel and topsoil from a portion of Parcel JJ2 in the Southeast 1/4 of Section 4, subject, however, to the following conditions: (a) that the applicant shall not at any time allow water to collect on the subject property or on adjoining property and at all times shall maintain adequate drainage; (b) that the applicant shall not excavate below the grade of any proposed subdivision streets; (c) that the applicant shall at all times comply with all traffic requirements established by the Police Department; (d) that the applicant shall be obligated to seed all of the land from which topsoil has been removed with some seed acceptable to the Department of Parks & Recreation unless at the time the applicant petitions for the release of the topsoil bond that the Planning Commission relieves the petitioner of this obligation, and subject, also to the following additional conditions: (e) that no excavation shall be permitted nearer than fifty (50) feet to any property line of an abutting land owner; (f) that in the absence of an emergency situation, no operations of any nature shall be permitted on Sunday; FURTHER RESOLVED, that the applicant deposit with the City Clerk, a corporate surety bond at $500.00 per acre for eight (8) acres, ($4,000.00) which bond shall be for at least a one-year period, and THAT, the period for which the permit herein, authorized shall be for a period of one year or period not to exceed the expiration date of the bond as required therein, whichever is the shorter period, and THAT, the applicant shall apply for and obtain the permit herein authorized within thirty (30) days from the date of this resolution. .; .. . FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 feet, petitioner, City Departments as listed in the Proof of Service and recommendations having been obtained from the Police Department under date of May 23, 1961 and from the Engineering Department dated May 25, 1961 and June 13, 1961. Mr. Walker: The motion is carried and the foregoing resolution is adopted. 3213 Upon a motion duly made by Mr. Okerstrom, supported by Mr. Watson, it was #6-106-61 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-506 on Tuesday, May 23, 1961 as submitted by the City Planning Commission to determine whether or not to amend Sections 10.17 and 11.19 of Article 10.00 and 11.00 respectively, the City Planning Commission does hereby recommend to the City Council that Petition Z-506 be granted for the following reasons: (1) the requested 60 foot setback will permit two rows of parking in front of the commercial buildings instead of only one row and backing out space, which is a desirable result; (2) the fact that so many new buildings have been erected with more than a 60 foot setback demonstrates the wisdom of this requirement; (3) considering the distance needed to back an auto from a parking space, the present 40 foot setback barely provides enough room to accomplish this and further it encourages drivers to back into the public right-of-way rather than on private land. (4) as to reducing the distance to an existing building at a lesser setback for averaging purposes, the 300 feet appears to be con- siderably more distance than is needed to protect adversely affected land owners. FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of May 3, 1961 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Watson, Greene, Angevine, Anderson, Kane, Okerstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is a request from the City Council, pursuant to Res. #190-61 to have the City Planning Commission review the existing commercial zoning adjacent to Five Mile Road from Farmington Road west and to submit thereafter its new recommendations for locating such commercial property in the most uniform, orderly and desirable manner. This is in reference to Petition Z-481 previously acted upon by the City Planning Commission. Regular Meeting 4/18/61, taken under advisement. The City Planning Commission's attention was called to the City Council's request to reexamine their previous recommendation with reference to two possible modifications: (a) making the commercial line uniform at Levan North of Five Mile Road; (b) possibility of reducing the existing commercial acreages which exceed 8 acres. The City Planner was instructed to prepare a map depicting the lotting arrangement in the vicinity of Five Mile and Levan and have it ready for the next meeting. 3214 Mr. McCullough: The next item on the agenda is a motion by the City Planning Commission to hold a public hearing to determine whether or not to rezone certain lots in the Alden Village Subdivision located in the Southwest 1/4 of Section 28 from R1B to RUB. Upon a motion duly made by Mr. Angevine, supported by Mr. Kane and unanimously adopted, it was #6-107-61 RESOLVED that, the City Planning Commission, pursuant to Section 20.01 of the Zoning Ordinance No. 60 of the City of Livonia, does hereby establish and order that a public hearing be held to determine whether or not to rezone the following described property: (a) Lots 12 through 124 except Lot 113 in Alden Village Subdivision (b) Lots 1 through 18 in Newman Wadsworth Farm Subdivision (c) Parcel of land beginning on the South line of Section 28 distant N. 88° 41' 40" W. 1501.10 ft. from the South 1/4 corner of Section 26 and proceeding thence N. 1° 22' 10" E. 946.00 ft. ; thence N. 38; 41' 40" W. 60.00 ft. ; thence N. 1° 22' 10" E. 520.00 ft. ; thence S. 88° 41' 40" E. 60.00 ft. ; thence N. 1° 22' 10" E. 200.00 ft. ; thence S. 88° 41' 40" E. 190.00 ft. ; thence N. 12° 40' 12" W. 206.10 ft. ; thence S. 88° 41' 40" E. 474.03ft. ; thence S. 12° 40' 12" E. 206.10 ft. ; thence S. 88° 41' 40" E. 566.97 ft. ; thence N. 1° 01' 20" E. 260.00 ft. ; thence S. 88° 41' 40" E. 60.00 ft. ; thence N. 1° Al' 20" E. 177.24 ft. ; thence N. 88° 41' 40" W. 1524.11 ft. ; thence S. 1° 22' 10" W. 2103.19 ft. ; to the S. line of Section 28; thence S. 88y 41' 40" E. along the S. line of Section 28, 239.80 ft. to the point of beginning. (d) Parcels Yia2alb, Yla2a2, Yia2b, Yia3a, Yia3b and Yia3b2, (All property located in the South half of Section 28) from R1B (One-family residential) and RUFB (Rural Urban Farms) to RUB (Rural Urban). All of the above described.property is located on the north side of Plymouth Road, approximately 1,000 ft. West of Farmington Road in the Southhalf of Section 28. FURTHER RESOLVED, that a hearing be held and notice be given as provided in Section 20.01 of the Zoning Ordinance, Ordinance No. 60 of the City of Livonia and that there shall be a report submitted and recommendation thereon to the City Council. Mr. Walker: The motion is carried and the foregoing resolution is adopted. At this time the City Planning Commission members indicated they would like an . . amendment prepared which would accomplish the following: (a)require the wall between industrially and residentially zoned land; (b) require the wall along side yards since this has pre- viously been inadvertently omitted in the phrasing; and (c) between areas zoned parking and residentially zoned land. The City Planner stated he would request the Department of Law to prepare a suitable 3215 amendment in order to hold a public hearing. Upon a motion duly made by ?L. Okerstrom, supported by Mr. Angevine and unanimously adopted, the City Planning Commission does hereby adjourn the 132nd Special Meeting held on Tuesday, June 13, 1961 at approximately 10:00 p.m. CITY PLANNING COMMISSION W. E. Okerstrom/, Secretary ATTESTED: ChartW. Walker, Chairman