HomeMy WebLinkAboutPLANNING MINUTES 1962-07-17 . 3527
MINUTES OF THE 141ST REGULAR MEETING
OF THE CITY PLANNING COMMISSION OF
ILTHE CITY OF LIVONIA
On Tuesday, July 17, 1962 the City Planning Commission of the City of Livonia held
the 141st Regular Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia,
Michigan. Mr. Charles W. Walker, Chairman, called the Regular Meeting to order at
approximately 8:15 p.m.
Members present: Robert L. Greene, James Cameron, W. E. Okerstrom, Edward
Milligan and Mr. Charles W. Walker
Members absent : Dennis Anderson, Leonard K. Kane, Robert L. Angevine and
James Watson, Jr.
Mr. David R. McCullough, City Planner and Mr. Charles Forrest, Assistant City
Attorney were present along with apptoximately 100 interested persons in the audience.
Mr. McCullough: The first item on the agenda is Petition M-255 by William
Ponder for Nicholas George requesting permission to erect a drive-in
theatre on property located on the north side of Plymouth Road approximately
660 feet West of Levan Road between Levan and Newburgh in the Southwest
1/4 of Section 29. Public Hearing 7/3/62, item taken under advisement.
Mr. Walker cautioned the audience that this was not a public hearing, only a regular
meeting. If at all possible, it would be best to have a spokesman for each group
• of people rather than have everyone speak. He asked that if possible not to be
repetitious of what was said at the public hearing.
Mr. McCullough stated Mr. T. Doman was present to discuss the survey that was made
by the Chamber of Commerce with relation to industrial property. He asked Mr. Doman
if he had evidence of a large industrial concern wanting this particular site in the
petition before the commission?
Mr. Doman stated they did not, but they have been negotiating with people who are
interested in a truck repair and truck terminal for this area. At the present time
it is not known where it will be located, but he felt that this site was a good one
for it.
Mr. McCullough asked what was the maximum amount an industrial concern will pay for
land in Livonia or elsewhere? Mr. Doman answered that $10,000 to $14,000 an acres
is not an out of the way price for industrial property especially if it is located
next to the railroad. If it is not near the railroad, the price would be between
$5,000 to $7,000 an acre, depending upon where it is located within the city. What
is more important than the price per acre is what it will yield in taxes. This
should be considered before the Planning Commission decides on this particular item.
He further stated that once a drive-in goes in, the price gets out of hand compared
with vacant land in other communities.
Mr. Walker requested Mr. Greene to read from the survey a paragraph with relationto
the yield in taxes from commercial and industrial properties for the benefit of
Ethose present.
Mr. Walker declared that the Commission will now go to the floor. He asked if there
was anyone who wished to speak?
Mr. Jerry Scully, representing the Country Homes Subdivision, stated their primary
reasons for objecting to the petition are the value of their homes and the safety of
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their children. It was felt that there would be a traffic hazard in the Subdivision
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due to the theatre. He stated he had a letter from an attorney, namely Anthony Leon,
which stated that the Planning Commission members would be liable for damages if
they approved this drive-in.
Mr. Walker stated that the members of the commission had read the letter and that
the City Attorney had a copy also.
Mr. McDowell, 8245 Planing, Garden City representing the Riverside Church of God,
stated their reasons for objecting to the proposed use.
Mr. E. Edgar, representing the Felecian Sisters, stated their reasons for objecting
to the proposed drive-in on this particular site. It was c`r)t that Levan Road
north of Schoolcraft was in no condition to take care of the traffic from the
drive-in. It was also felt that this same traffic would be dangerous to anyone
having to be rushed to the hospital during the time when the theatre would be let
out because Levan Road was the direct route to the hospital.
Mr. Cameron stated that he thought there was to have been a meeting in order to
discuss the survey. He wondered what happened?
Mr. Doman explained that the surveys weren't published in time. Everynember will
get a copy when they have been published. He stated there were enough copies available
now to hold a meeting.
Mr. McCullough asked if there was anything more in the survey which would help them
than what Mr. Doman has already related? Mr. Doman stated nothing that had any
bearing on the drive-in theatres with the exception of the paragraph that Mr. Greene
read.
Mr. Milligan asked Mr. Doman if they had received any definite opinion from the
industrial plant to the east of the proposed drive-in as to their feelings? Mr.
Milligan stated that Mr. Doman had indicated that a drive-en theatre on this
particular site would be a misuse of industrial land and also that a drive-in
theatre may make adjacent land lessdesirable. Has the Ford Motor Company indicated
their feelings?
Mr. Doman answered that they had not approached this company at this time but they
had intended to obtain their opinion. He stated he was not against drive-in theatres
but he did feel that three drive-inssaere unreasonable.
Mr. Milligan stated he would like to have this meeting with Mr. Doman in order to
discuss the survey. He felt that the Planning Commission has an obligation to the
existing industrial plant. Perhaps there will be no problems because they have
their own plant protection men and traffic control but he would like a verification
on this. In lieu of this, he would like to suggest that this be tabled and have
the meeting with Mr. Doman.
Mr. Okerstrom felt that a decision should be made tonight, one way or the other.
1[40 Mr. Greene stated that tonight was the first time he saw the survey and felt that
everyone should get a chance to read it. He also wondered if it would be legal
to establish an admission tax on drive-ins so that the tax yield would be comparable
to industrial plants.
Mr. Doman stated that some cities have an admissions tax and that it was legal.
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- Mr. Greene felt that this should be explored because it effects the tax rate from
the land.
Mr. Okerstrom stated at the hearing for the drive-in theatre held in 1958, a letter
from the Ford Motor Company had been received 'and they were against the drive-in
at that time. It would be the same reason now.
Mr. Walker stated that at the time of the other hearing, Levan Road was not paved
and this was the main objection from the Ford Motor Company. This reason is not
valid now since Levan has since been paved.
Mr. Milligan asked Mr. Doman why he felt that the site at Farmington and Plymouth
Roads was better for a drive-in compared to the other?
Mr. Doman stated that while the site on Farmington and Plymouth is zoned industrial,
it is basically established commercially. The two plants located on the west side
of Farmington aren't manufacturing plants, they are what iA called "service industries".
Mr. Walker asked Mr. George what he paid in taxes for the other drive-ins he has in
other communities? Mr. George stated that in Southgate he has thirty acres and he
pays a tax of $5,000. This is a Wayne County valuation.
Mr. Kropf stated that drive-ins were considered a commercial enterprise thr.zughout
Wayne County.
Mr. William Caunt, from the Traffic Commission, stated they had received no request
for a recommendation as to the ingress and egress on these drive-in theatres.
Mr. McCullough stated that all plans were present to Sgt. Thorne of the Traffic
Commission five to six weeks prior to the public hearing.
An interested person in the audience asked if the Commission has considered the effect
of this type of business when the north/south expressway goes through?
Mr. Walker stated that at the present time no one knows . - where the north/south
expressway will go through.
Upon a motion duly made by Mr. Milligan, it was
#7-154-62 RESOLVED that, the City Planning Commission does hereby table
action on Petition M-255 by William Ponder for Nicholas George
requesting permission to erect a drive-in theatre on property
located on the north side of Plymouth Road approximately 660
ft. West of Levan Road between Levan and Newburgh in the Southwest
1/4 of Section 29 until the Planning Commission has had an
opportunity to:
(1) read the report and survey that has been prepared under
the direction of the Livonia Chamber of Commerce in industrial
development in Livonia; and
110 (2) having read this report, that the Planning Commission hold
a meeting with Mr. Doman so that they can question him on
particular points;
(3) have the City Planner get in contact with the Ford Motor
Company representative and either have the representative at
the meeting with the Commission or have him express their
opinion in a letter;
(4) obtain a report from the Traffic Commission;
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(5) have the reports of the survey available before the meeting
to be scheduled to that action can be taken on July 31st, 1962.
Mr. Kropf stated they would prefer to have a decision tonight one way or the other
rather than tabling the item.
Mr. Greene stated that the petitioner had two petitions for drive-in theatres. He
asked if it was the intent of the petitioner to build two.
Mr. Kropf stated it was.
Mr. Milligan stated that he did not feel that he had all the information he would
like to have in order to make a decision either for or against the petition.
Mr. James Cameron supported Mr. Milligan's motion - Res. #7-154-62.
A roll call vote on Res. #7-154-62 resulted in the following:
AYES: Milligan, Cameron, Greene, and Okerstrom
NAYS: Walker
Mr. Walker declared the motion is carried and the foregoing resolution is adopted.
The Chairman called a recess at approximately 9:15 p.m.
* * * * * * * * *
Mr. Walker called the 141st Regular Meeting back to order at approximately 9:25 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 M-249 by Richard
E. Etchason requesting approval for an open-air sales (nursery stock)
on property located on the East side of Middlebelt Road, approximately
200 feet South of Eight Mile Road in the Northwest 1/4 of Sectinn 1.
Public Hearing 7/3/62, item taken under advisement.
Mr. H. Kiel and Mr. Etchson were present.
There was a brief discussion pertaining to the necessary parking for the proposed
use. It was suggested to the owner of the property, Mr. H. Kiel, to obtain an
easement off of Eight Mile Road which could be used as an egress from the open air
sales. This would prevent any cars from parking on the right of way of Middlebelt
Road which is going to be widened next year. Mr. Kiel stated he was positive that
he could obtain the right or easement from the owner of the property fronting on
Eight Mile Road, for this additional egress.
It was also suggested that signs be erected for the patrons of the nursery open
air sales.
Upon a motion duly made by Mr. Cameron, supported by Mr. Greene, it was
lw, #7-155-62 RESOLVED that, pursuant to a Public Hearing having been held on
Tuesday, July 3, 1962 on Petition M-249 by Richard E. Etchson
requesting approval for an open-air sales (nursery stock)
on property located on the East side of Middlebelt Road,
approximately 200 feet South of Eight Mile Road in the Northwest
1/4 of Section 1, subject, however, to the following:
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(1) that the applicant erect a chain link fence and curbing not
closer than 135 feet from the center line of Middlebelt Road to
accomodate parking movements from those•spaces•shown on the drawing;
(2) that additional curbing be erected along the north side of
the "sales area" to permit additional parking at that location;
(3) that signs be erected calling for perpendicular parking and
prohibiting parallel parking;
(4) that curb cuts be approved by the Police Traffic Officer; and
(5) that the Planning Commission suggeststhat due to the
congestion already existing at this location the the owner provide
a suitable road from Eight Mile Road to the location of this outdoor
sales area, and
FURTHER RESOLVED, notice of the above hearing was sent to property
owners within 500 feet, petitioner and City Departments as listed
in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Milligan, Cameron, Greene, Okerstrom and Walker
NAYS: None
Mr. Walker declared the motion is carried and the foregoing resolution is adopted.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Milligan and unanimously
adopted, it was
#7-156-62 RESOLVED that, pursuant to a Public Hearing having been held on
Tuesday, July 3, 1962 on Petition Z-562 as submitted by the City
Planning Commission for a change of zoning in the Southwest 1/4
of Section 15 from R-1B to RUFA, the City Planning Commission
does hereby recommend to the City Council that Petition Z-562
be granted for the reason that the existing zoning would
technically permit the splitting of these parcels into 60 x 120
foot lots. This consequence is inconsistent with the calibre of
existing parcels and houses in the surrounding area, and
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian under date of June 13, 1962
and notice of which hearing was sent to Tie Detroit Edison Co. ,
Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The
Consumers Power Company, City Departments and petitioner, as listed
in the Proof of Service.
Mr. Walker declared the motion is carried and the foregoing resolution is adopted.
Upon a motion duly made by Mr. Milligan, supported by Mr. Cameron and unanimously
adopted, it was
#7-157-62 RESOLVED that, pursuant to a Public Hearing having been held on
Tuesday, September 19, 1961 on Petition Z-523 as submitted by
the City Planning Commission to determine whether or not to amend
Section 13.07 of Article 13.00 in relation to requiring a protective
barrier between parking area and residential, the City Planning
Commission does hereby recommend to the City Council that Petition
Z-523 be granted for the reason that under the proposed amendment
a wall would be required between areas zoned parking and those zoned
residential regardless of whether the residential areas have been
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developed; this obligation devolves upon the owner of the parking
area; and
FURTHER RESOLVED, notice of the above hearing was published in the
official newspaper, The Livonian under date of August 28, 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 petitinner as listed
in the Proof of Service.
Mr. Walker declared the motion is carried and the foregoing resolution is adopted.
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
all of the RUFB zoning district in the north halves of Sections 27 and
28 to M-1 except the north 300 ft. thereof.
After a brief discussion it was determined that two motions would be made, one for
each section and that one public hearing will be held at a time. It was suggested
that Section 28 have the first public hearing.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Cameron and unanimously
adopted, it was
#7-158-62 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:
All of the RUFB (Rural Urban Farms) zoning
district in the north half of Section 28,
excep6 the north 300 ft. thereof,
from RUFB (Rural Urban Farms) to M-1 (Light Industrial). All of
this property is located south of Schoolcraft Road between
Farmington Road and Wayne Road (if cut through).
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 declared the motion is carried and the foregoing resolution is adopted.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Cameron and unanimously
adopted, it was
#7-159-62 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:
All of the RUFB (Rural Urban Farms) zoning
district in the north half of Section 27, except
the north 300 ft. thereof,
from RUFB (Rural Urban Farms) to M-1 (Light Industrial). All of this
property is located south of Schoolcraft Road between Merriman and
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and Farmington Roads.
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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 declared the motion is carried and the foregoing resolution is adopted.
Upon a motion duly made by Mr, Okerstrom, supported by Mr. Cameron and unanimously
• adopted, it was
#7-160-62 RESOLVED that, the City Planning Commission does hereby approve
the minutes for the meetings held on Tuesday, June 19th and
June 26th, 1962 except for that person who was not present, he
abstain from voting.
Mr. Walker declared the motion is carried and the foregoing resolution is adopted.
Mr. McCullough: The next item is Application TA-91 by A. K. Miller, which
is the previous Application TA-90 by Waterland Earth Movers and Roberts
Company. TA-90 was given approval to remove topsoil from property
located on the north side of Six Mile Road between Farmington and Newburgh.
Since the approval was given, the previous petitioner has been unable to
obtain a bond and the removal operations have been taken over by A. K.
Miller. Because of the change in applicants, a new application number
has been registered for the removal of this topsoil. Mr. Miller is
asking that the resolution approving Application TA-90 be amended so
that the date for obtaining the necessary bond begin July 20, 1962.
Upon a motion duly made by Mr. Greene, supported by Mr. Milligan and unanimously
adopted, it was
#7-161-62 RESOLVED that, pursuant to a Public Hearing having been held on
Tuesday, May 8, 1962 on Application TA-90 and subsequently approved
on said date, the City Planning Commission does hereby amend said
resolution so that the date of obtaining the bond begins on July
20, 1962 and in addition that hereafter said application will be
known as Application TA-91 with all conditions prevailing in the
approval of TA-90, for the reason that the name of the applicant
is now A. K. Miller; said conditions being listed as follows:
(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
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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
FURTHER RESOLVED, that the applicant depoist with the City Clerk,
a corporate surety bond at $500.00 per acre for 90 acres, ($45,000.00)
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1[1: 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 with Phirty (30) days from the date specified in this
resolution, and
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
Department of Public Works under date of May 8, 1962 and from the
Police Department under date of May 7, 1962.
Mr. Walker declared the motion is carried and the foregoing resolution is adopted.
There was a brief discussion among the commission members, several interested
persons in the proposed Burton Hollows Annex Subdivision to be located in the
Southwest 1/4 of Section 10 and Mr. D. Meinzinger, representing the developer .
for said subdivision, during which it was determined that a study meeting would
be held on Tuesday, July 24, 1962 in the Engineetiaig Building located at 13225
Farmington Road to discuss the proposed subdivision in length.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Greene and unanimously
adopted, the City Planning Commission does hereby adjourn the 141st Regular Meeting
held on Tuesday, July 17, 1962 at approximately 10:15 p.m.
CITY PLANNING COMMISSION
60/ 211p/ 467 , -
ATTESTED: W. E. Okerstrom, Secretary
„Lac,
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Char s W. Walker, Chairman