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HomeMy WebLinkAboutPLANNING MINUTES 1961-07-11 3227 MINUTES OF A PUBLIC HEARING AND THE I[: 133RD SPECIAL MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, July 11, 1961 the City Planning Commission of the City of Livonia held a public hearing and the 133rd Special Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Charles W. Walker, Chairman, called the public hearing to order at approximately 8:00 p.m. Members present: Leonard K. Kane, Robert M. Peacock, W. E. Okerstrom, Robert L. Angevine, Robert L. Greene and Charles W. Walker. Members absent : Dennis Anderson; James Cameron and James Watson, Jr. Mr. David R. McCullough, City Planner and Mr. William J. Strasser, City Engineer were present along with approximately 25 interested persons in the audience. Mr. McCullough: The first item on the agenda is Petition M-226 byRev. Harold E. Speer who is requesting permission to erect a church on the Northeast corner of Six Mile and Merriman Roads in the Southwest 1/4 of Section 11. The petitioner has requested that he be allowed to withdraw his petition. He has written a letter requesting permission to do so. I[: Upon a motion duly made by Mr. Okerstrom, supported by Mr. Kane, it was #7-120-61 RESOLVED that, pursuant to a Public Hearing having been held on Petition M-226 by Rev. Harold E. Speer requesting permission erect a church in the Southwest 1/4 of Section 11, the City Planning Commission does hereby allow petitioner to withdraw Petition M-226 from the agenda, said request being submitted in writing for the records. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Greene, Angevine, Kane, Okerstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. Walker informed those present in the audience who were interested in Petition M-226 that said petition had been withdrawn. • Mr. McCullough: The next item on the agenda is Application TA-84 by Arnold Miller, President, A. K. Miller, Inc. , who is requesting permission to remove topsoil from the proposed Burton Hollows Estates Subdivisions #3 and #4 in the Northwest 1/4 of I[: Section 16. Mr. Edward Milligen, I have been informed by/the president of the Burton Hollows Estates Subdivision Civic Association that they have had difficulty with sand blowing when topsoil was removed pre- viously. They have spent a lot of money on sod and they feel that the sand which will blow when the topsoil is removed from 3228 #3 and #4 will ruin their present sod. They would like some assurance that this will not happen. I: Mr. Walker: Is there anyone in the audience who wishes to speak? The president of the Civic Association expressed his objections to the sand blowing onto their grass and ruining it. **Mr. James Cameron arrived at approximately 8:10 p.m. Mr. Peacock: The petitioner has a fine reputation of removing topsoil in Livonia. He has to strip and stock pile the topsoil in order to 'allow the :developer to install the improvements. The operator is bonded and there are certain conditions stipulated in the approval which he must adhere to. The seeding is started immediately after stripping the land. Mr. Walker: Does the developer intend to start the installation of the improvements as soon as the topsoil is removed? Mr. Walter Meinecke: As soon as we know where the roads are to be located, we will (For Mr. Miller) strip that area first. Mr. Walker: I do not know if we had the compulsory seeding at the time the petition was approved for the removal of topsoil for Burton Hollows Subs. #1 and #2. We have found that after the topsoil was removed and where there is sand remaining, it was creating a nuisance to the surrounding area. It is 1[40 a condition of approval now to reseed immediately. Our City Engineer, Mr. William Strasser, is present tonight and may be able to give.us- a Little bit more information on this. Mr. Strasser explained the procedure to those present. Mr. Peacock: Mr. Slavik has indicated he would like to have the road areas stripped immediately so he can start on the improve- ments. He intends to strip the whole area, stockpile it, ,seed it, water it and also place straw upon the area stripped. Mr. George LaForest: At the time the topsoil was removed for #1 and #2, a large 34451 Munger) hole was left which was never filled in. I have complained to the Building Department, the Engineering Department and Mx.. Slavik. It contained 4 ft. of water for about 4 months. Today they came and started to grade it and level it. Mr. Slavik did not try to help but Mr. Wilson and Mr. Upton tried to help. I would like to know if this will happen again. Mr. Walker explained the procedure of the permit to remove the topsoil. Mr. Charles Forrest, Jr. , Assistant City Attorney arrived at 8:20 p.m. 1[1: The president of the civic association stated they would like to request that this item be held up until the building ban was lifted in order that the building could be started immediately after the topsoil is removed. He felt this would eliminate the problem of blowing sand. 3229 Mr. Kane: How close is the #1 and #2 Subdivision to this area in the present application? Mr. LaForest: I would say about twelve or fifteen feet maximum. Mr. Kane: According to the topo there is almost 400 ft. from where #2 ends and #3 starts. Mr. Milligen explained to the commission where the homes in #2 were located in proximity to the area involved in the application. Mr. Walker informed those present that the petitioner would not have trucks using the turnaround in the southern part of #3 and #4. It would be stockpiled along Six Mile Road and the ingress and egress would be located along Six Mile Road also. Mr. McCullough asked Mr. Milligen if the petitioner would seed the same day as he strips the area, would that be acceptable to them? Mr. Milligen stated it would, but they would prefer to have this held up until the building ban was lifted. It was ascertained that there were approximately 50 acres to be removed. Mr. Angevine asked if this could not be taken under advisement. Mr. Walker stated it would be taken under advisement until the exact boundaries were Ir4 clarified. 16 Mr.McCullough: The next item on the agenda is Petition M-224 by the Trustees of the West Chicago Gospel Hall Assembly are requesting permission to erect a church building on the West side of Farmington Road between Michele and Joy Road approximate 800 feet North of Joy Road in the Southeast 1/4 of Section 33. The petitioner has been advised that the planning commission would prefer that more property be obtained because of the possibility of the congregation growing and consequently more off-street parking being necessary. Mr. Al McDonald was present for the church. He presented the proposed plans for the new church. He further stated they have an option on the property and if it is approved by the planning commission, they would then purchase it. Mr. Cameron: How many in the congregation? Mr. McDonald: Right now between 125 - 150. There is a morning service, a sunday school and an evening service. Mr. Walker: Does your church have means to go ahead with the building, or will this be held up for some time? Mr. McDonald: There is no definite time to start building as yet. Mr. McCullough: The Commission is wondering if you would build a basement and then conduct services in that ., or would you complete the building before occupancy? Mr. McDonald: No, once we start we will finish it. 3230 Mr. Walker: Is :there• anyone in the audience who wishes to speak? Mr. Paul Brice, 33475 Michele objected to the proposed church, stating it would lower the valuation of his property at least $5,000 and also it would be a.traffic hazard due to the other church in the immediate vicinity. Mr. Walker stated that in examining the area, he felt that the church presently located across the street did not have adequate off-street parking. At the time a church requests permission to build, it is hard to measure if there will sufficient room for parking if and when the congregation of a church increases. That is why the planning commission would like to see at least three to four acres for each church. There is an ordinance whereby if they add to the building they will have to increase the off-street parking. Mr. McDonald: We have looked into the possibility of acquiring land south of what we own now, but we wouldn't be interested in securing it unless we received approval on this petition first. If we acquired more it would take in the next two parcels. Mrs. Juanita W. Lumley, 26607 Ann Arbor Trail, Dearborn; Mrs. B. N. Grace, 33425 Michele, Livonia and Bernard A. Jacobson, 29645 Jacquelyn, Livonia stated their objections to the proposed church. Mr. Walker: This will be taken under advisement in order to study it further at a study meeting before a decision is made. I[: Upon a motion duly made by Mr. Okerstrom, supported by Mr. Peacock, it was #7-121-61 RESOLVED that, the City Planning Commission does hereby adjourn the public hearing held on Tuesday, July 11, 1961 at approximately 8:50 p.m. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Peacock, Greene, Angevine, Kane, Okerstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. There will be a five minute recess at this time. * * * * * * The Chairman called the 133rd Special Meeting to order at approximately 9:05 p.m. with all those present now who were present at the time recess was called. Mr. McCullough: The next item on the agenda is Petition Z-507 by W. Nern Ire for P. Acitelli and R. Vidergar who is asking that the zoning classification 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; Special Meeting 6/13/61; Regular Meeting 6/20/61, taken under advisement. At the meeting between the petitioner and those who objected 3231 to the petition,a decision' was made toagree to the rezoning with certain conditions, one of which is to decrease the amount of property he wishes to rezone, from 300 ft. to 150 ft. Mr. Acitelli has agreed to this. He is in the process of adding on to his plant and he will build another as soon as the zoning is official. The residential homes on Osmus and Merriman back up to his property. They do not face this property. It makes a vast amount of difference to the FHA. The existing 300 ft. zoned industrial along Eight Mile Road is not sufficient particularly if you consider the parking requirements, yard requirements and the fact that you cannot park over the septic tank field. Mr. Walker: What is their particular reason for objecting to the full 300 ft. requested? Mr. McCullough: They feel that the southerly 150 ft. will bea good buffer between their property and the industrial zoning. Mr. Greene: Who will build upon this 150 ft. of property? Mr. McCullough: There is always some property in every community, as well as Livonia, that will remain vacant. For one reason, the price of it. 1[4, Upon a motion duly made by Mr. Peacock, supported by Mr. Kane, it was #7-122-61 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, May 23, 1961 on Petition Z-507 as submitted by P. Acitelli and R. Vidergar for a change of zoning in the Northeast 1/4 of Section 3 from RUFB to M-1, the City Planning Commission does hereby recommend to the City Council that Petition Z-507 be granted insofar as it relates to the northerly 150 ft. only, of the original 300 ft. requested,subject to the following conditions: (a) that the petitioner erect a 7 foot opaque wall such as is required between commercial and residential zoning along his north/south property line and along his southerly M-1 line if it is rezoned; (b) that he furnish evidence to the City Attorney that he has recorded a deed restriction prohibiting use of the south 150 ft. of the premises for anything but residential uses. (This is done pursuant to an oral agreement between the petitioner and adjacent land owners); (c) that the petitioner agree to store any materials in such a manner that are always lower than the top of the wall; The reasons for the approval are: (a) that the applicant has indicated he intends to erect another plant on the rezoned area, which the City ought to encourage; (b) that considering the yard requirements, loading requirements and plant expansian area necessary :and the unuseable .areas •necessitated .by .the use of septic tanks, the 300 ft:..depth for._upanufacturing is insufficient; (c) that it is possible to use the southern portion of the applicant's land as a residential use to buffer other residential areas located further to the south; 3232 (d) that the parcels most affected by the change will not face or side to the change but will back to it, making a considerable 1[41; difference for mortgage or resale purposes. 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 Co. , Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Company, City Departments and petitioners as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the-following: AYES: Cameron, Peacock, Greene, Angevine, Kane, Okerstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: Our next item is a motion to hold a public hearing on the rezoning to M-1 all but the south 150 feet of tax parcels Ala, lb, 2a and 2b in the Northeast 1/4 of Section 3. This resolution is for the purpose of treating all similarly situated land in the same manner. Mr. Okerstrom: I feel that the property owner should request to have this property rezoned, not the City. 1111 Mr. Angevine concurred with Mr. Okerstrom. Mr. Kane: We are trying a master plan and if we have to wait until the property owners decide to do it we may have to wait a long time. Mr. Okerstrom: I suggest that Mr. McCullough write a letter to these property owners in order to obtain their feeling in this, informing them of the proposed rezoning of Mr. Acitelli's property. There•Wae :a brief discussion, after which Mr. Walker requested the City Planner to write such a letter to the three property owners involved. Mr. McCullough: The next item on the agenda is Petition Z-503 by Earl Dahlin and others who are asking that the zoning classification on property located on the West side of Henry Ruff Road between Schoolcraft Road and Lyndon Road in the Southwest 1/4 of Section 23 be rezoned from RUF to RLA. Public Hearing 4/18/61; Special Meeting 6/6/61; Special Meeting 6/13/61; Regular Meeting 6/20/61, taken under advisement. The City Attorney has prepared a legal instrument whereby the present width of the property is to be maintained regard- less of .the minimum width of:80 .ft. allowed under RL zoning. This is answer to those who objected to the rezoning from RUF toRLA. The City Attorney advised them the only way to do this is to have them all enter into a restrictive agree- ment and have this recorded. This is to be forwarded to Mr. Dahlin in order that he may 3233 obtain the necessary signatures before the recommendation of the City Planning Commission is forwarded to the City Council for their action. III Upon a motion duly made by Mr. Angevine, supported by Mr. Kane and unanimously adopted, it was #7-123-61 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, April 18, 1961 on Petition Z-503 as submitted by Earl Dahlin and others for a change of zoning in the Southwest 1/4 of Section 23 from RUF to RLA, the City Planning Commission does hereby recommend to the City Council that Petition Z-503 be granted for the following reasons: (a) that 12,000 square foot lots would constitute a desirable stepping down of lot sizes between the 15,00 square foot lots in the B. E. Taylor's Schoolcraft Manor Subdivision to the west and the 9,600 square foot and 7,200 square foot lots in Lyndon Meadows to the east; (b) that in their present condition the lots in question are double frontage lots; FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of March 29, 1961 and notice of which hearing was sent to The Detroit Edison Co. , Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , 11[: The Consumers Power Co. , City Departments and petitioner as listed in the Proof of Service. It was:suggested that at the time the recommendation is forwarded to the City Council that their attention is directed to the Planning Commission's desire to pre- vent the lots being split to frontages of less than 100 ft. Mr. Walker: The motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Angevine, supported by Mr. Kane and unanimously adopted, it was #7-124-61 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 6, 1961 on Petition Z-509 by the City Planning Commission for a change of zoning in the Soutleast 1/4 of Section 23 from RUFB to RLA, said petition having been amended by Resolution #6-113-61 which eliminates that property in the original petition that covers Lyndon Meadows Subdivision #3 and Lyndon Meadows #4 from consideration of rezoning, the City Planning Commission does hereby recommend to the City Council that Petition Z-509, as amended, be granted for the following reasons: (a) that 12,000 square foot lots would constitute a desirable stepping down of lot sizes between the 15,000 square foot lots in the B. E. Taylor's Schoolcraft Manor Subdivision to the west and the 9,600 square foot and 7,200 square foot lots in Lyndon Meadows to the east; (b) that in their present condition the lots in question are double frontage lots; • 3234 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 Company, Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Company, The Comsumers Power Co. , City Departments and petitioner as listed in the Proof of Service. It was determined that since the property in Petition Z-509 is the balance of the lots not included in Petition Z-503, the Council's attention will be directed to the fact that the Planning Commission desires also to prevent the lots designated in Z4509 from being split into frontages of less than 100 ft. Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition Z-511 by Goldman and Grabow for J. 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 to RM. Public Hearing 6/6/61; Special Meeting 6/13/61; Regular Meeting 6/20/61, item taken under advisement, after a vote for denial re- sulted in a four-four tie vote. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Peacock, it was #7-125-61 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 6, 1961 on Petition Z-511 as submitted by Goldman and Grabow for J. Menuck, Paris Home Builders for a change of zoning in the Southeast 1/4 of Section 18 from RLA and R-3 to R-1A, The City Planning Commission does hereby recommend to the City Council that Petition Z-511 as amended by Resolution #6-94-61 (changing the request from RLA and R-3 to RM) and by Resolution #6-114-61 (changing the request from RLA to RM) be granted, as amended, for the following reasons: (a) that the existence of 1600 ft. lots immediately to the south and approximately 1,000 70 ft. lots to the east adversely affects this land owner to the point of discrimination; and (b) that this RM zone will provide a step up of lot sizes and will act as a buffer to any future building that would go on adjacent and surrounding property, 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 Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, 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: Peacock, Angevine, Kane, Okerstrom and Walker NAYS: Cameron and Greene Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition Z-481, pursuant to Council's Res. #190-61, asking that the zoning classification on property 3235 located on the South and North sides of Five Mile Road between Yale and Eckles Road in the City of Livonia be rezoned from C-1, C-2 and PS to R-1A. Regular Meeting 6/20/61, taken under advisement. Mr. Walker informed the commission that at the Council's meeting held the night before they continued to take Petition Z-510 under advisement..( Thispetition is in relation to certain property along Five Mile Road which the Felician Sisters had requested to be rezoned from R-2 to C-2. The Planning Commission has recommended that this petition be denied) Mr. Walker further stated that the representative for the Felician Sisters had requested that it be taken under advisement for the reason that he had new evidence he would like to discuss with the City Council before any action is taken. Because of this, Mr. Walker suggested that the petition before the Planning Commission, Z-431, be taken under advisement until action is taken on 1-510 by the City Council. Upon a motion duly made by Mr. Kane, supported by Mr. Peacock, it was #7-126-61 RESOLVED that, the City Planning Commission, pursuant to Section 20.01 of the ZggngOrdinance of the City of Livonia, and pursuant to City Council's Res. es hereby establish and order that a ublic hearing be held to determine whether or not Section 20.01 of Article 20.00 of the Zoning Ordinance should be amended as follows: "Not less than fifteen (15) days notice of the time and place of such public hearing shall be given to all persons to whom 1[40 any real property abutting or adjoining the premises in question shall be assessed, such notice to be delivered personally or by ordinary mail addressed to the respective owners at the address given in the last assessment roll" 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 a recommendation thereon to the City Council. Mr. Angevine stated he felt that a seven (7) day notice was sufficient. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Peacock, Greene, Kane, Okerstrom and Walker NAYS: Angevine Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is a discussion re property on Seven Mile Road and Stamford. Rezoning from C-1 to R-1A. Dr. Rasak is requesting PS. Mr. H. Baskin, representing Dr. Rasak is present. He states that Dr. Rasak prefers the C-1 zone but he would consent to PS rather than R-lA, for the reason that he would like to build a clinic upon the property. Due to the size of the property and the fact that additional footage would have to be dedicated for road purposes, it was suggested that this item be readvertised for PS for an additional 50 ft. southerly and possibly an additional frontage along 3236 Seven Mile Road. Mr. Baskin stated he would contact Mr. McCullough of Dr. Rasak's decision. Mr. Walker stated that this item would be taken under advisement Ir; until the necessary information is received. Mr. McCullough: The next item is a motion by the City Planning Commission to hold a public hearing to determine whether or not to amend Sections 10.02 and 11.02 of Articles 10.00 and 11.00, in relation to advertising signs. After a brief discussion on the proposed amendment, it was determined that this item would be held up until the next meeting in order to redraft the amendment to include the following: State "lot or parcel" (at the present time it only states "lot"; Limit the height of the signs to thirty-five (35) feet; In the case of shopping centers, two (2) signs may be allowed at intersections. Mr. Walker: This item will be taken under advisement. Mr. McCullough: The next item on the agenda is a discussion on the extension of time on the preliminary plat of 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, pursuant to City Council's Res. 211-61. Mr. Walker stated that this item would be taken under advisement until the area included in the proposed subdivision has been examined by the planning commission members. Upon a motion duly made by Mr. Kane, supported by Mr. Cameron and unanimously adopted, it was #7-127-61 RESOLVED that, the City'Planning Commission does hereby approve the minutes for meetings held on Tuesday, June 6, 1961, June 13, 1961 and June 20, 1961 except for that member who was not present, he abstain from voting. Mr. Walker: The motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Kane, supported by Mr. Okerstrom and unanimously adopted, the City Planning Commission does hereby adjourn the 133rd Special Meeting held on Tuesday, July 11, 1961 at approximately 10:05 p.m. CITY PLANNING COMMISSION i , dr, , a0710+-1,..— W. E. Okerstrom, Secretary ATTESTED: II: 21.4.4 al, ‘07.1-44 // Charles W. Walker, Chairman