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HomeMy WebLinkAboutPLANNING MINUTES 1963-08-13 A te 3953 MINUTES OF THE 166th SPECIAL MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 13, 1963, the City Planning Commission of the City of Livonia held the 166th Special Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Charles Walker, Chairman called the 166th Special Meeting to order at approximately 8:08 P.M. Members present: Edward Milligan, W. E. Okerstrom, James Cameron, Charles W. Walker Robert L. Angevine and Dr. Allen* Members absent: Dennis Anderson & Milton Ingold Mr. David R. McCullough, City Planner, was present along with approximately 20 interested persons in the audience. Mr. McCullough announced the first item on the agenda is a Petition Z-606 by Walter J. Abraham requesting the rezoning of property located on the south- east corner of Five Mile and Paderewski and also property located on the south side of Five Mile Road between Hailer and Garden in the Northwest 1/4 of Section 24 from R-1B to C-2. Public Hearing July 23, 1963 and a Study Meeting on August 5, 1963. Upon a motion duly made by Mr. Milligan, supported by Mr. Angevine it was #8-153-63 RESOLVED that, pursuant to a Public Meeting held on July 23, 1963 on Petition Z-606 by Walter J. Abraham requesting the rezoning of property located on the south side of Five Mile Road between Haller and Garden in the Northwest 1/4 of Section 24 from R-1B to C-2, the City Planning Commission does hereby recommend to the . City Council that Petition Z-606 be denied for the following reasons: (1) that the land abutts houses on the east and therefore a transitional use would be more appropriate than commercial; (2) that the land faces the new Ellen Kay Subdivision on the north and the commercial would not be consistent with the nature of the development. FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian City Post under date of July 3, 1963, 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. A roll call vote on the foregoing resolution resulted in the following: I AYES: Milligan, Cameron, Walker, Angevine NAYS: None NOT VOTING: Okerstrom Mr. Walker declared the motion is carried and the foregoing resolution is adopted. a 3 954 i! Mr. McCullough announced that the next item on the agenda was Petition Z-587a by Rocco Corsi requesting the rezoning of certain property located on the north side of Seven Mile Road approximately 200 feet west of Angling Road in the Southeast 1/4 of Section 1 from RUFB to C-i. Item taken under advisement; Study Meeting August 5, 1963. Mr. Corsi, the Petitioner, wishes petition to be acted upon as presented, he stated if he is granted approval of the council, he would then put the building back with a more suitable set back. Upon a motion duly made by Mr. Angevine, supported by Mr. Cameron, it was #8-154-63 RESOLVED that, pursuant to a Public Meeting held on July 23, 1963, on Petition Z-587a by Rocco Corsi for a change of zoning in the Southeast 1/4 of Section 1 from RUFB to C-1. The City Planning Commission does hereby recommend to the City Council that Petition Z-587a be granted for the following reasons: (1) that in general the commercial areas of 100 feet in depth have proved to be quite unsatisfactory: (2) that the alternative of positioning parking in the rear of such buildings is a poor substitute for setting commercial buildings back with parking in front of the commercial buildings: (3) that the Council is advised that if they concur in this rezoning the City Planning Commission will undertake to treat the adjoining lots to the west similarly, and, FURTIIER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian-City Post under date of July 3, 1963, and notice of which hearing was sent to The Detroit Edison Co., The Consumers Power Co., City Departments, petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES; Allen, Milligan, Cameron, Walker, Angevine, Okerstrom NAYS: None Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is Petition Z-604 by Don Clark, etal requesting the rezoning of certain property located on the west side of Middlebelt Road on the NW corner of Middlebelt and Greenland Roads in the Northeast 1/4 of Section 14 and also certain property located on the east side of Middlebelt Road immediately north of Terrance Avenue in the Northwest 1/4 of Section 13 from RUFB to R-3. Public Rearing July 23, 1963, item taken under advisement; Study Meeting August 5, 1963. A brief discussion was held relative to removing the northerly lot from the petition. ' It was decided that this item would be taken under advisement until later in the to evening, at which time it would be discussed more fully. / Mr. McCullough announced the next item on the agenda is Petition Z-603 by Peter Romanow requesting the rezoning of certain property located on the north side of Schoolcraft Road approximately 100 feet east of Fairway Drive in the Southeast 1/4 of Section 20 from RM to RUFB. Public Hearing July 23, 1963, item taken under advisement; Study Meeting August 5, 1963. Ar; 3955 110 Upon a motion duly made by Mr. Milligan, supported by Dr. Allen, it was 8-155-63 RESOLVED that, pursuant to a Special Meeting having been held on Tuesday, August 13, 1963, on Petition Z-603 as submitted by Peter Romanow for a change of zoning in the Southeast 1/4+ of Section 20 from RM to RUFB, the City Planning Commission does hereby recommend to the City Council that Petition Z-603 be granted for the reason that the city generally encourages upgrading of minimum lot size-i. FURTBER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonia-City Post under date of July 3, 1963, and notice of which hearing was sent to The Detroit Edison Co., The Consumers Power Co., City Departments, petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Allen, Cameron, Milligan, Okerstrom, Walker and Angevine NAYS: None Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is Petition TA-100 by William Ponder, Attorney for Arnold Miller requesting permission to remove topsoil from a parcel of land located on the north side of t Six Mile Road approximately 2600 feet east of Newburgh (proposed Denmar Estates Subdivision) in the Southeast 1/4+ of Section 8. Public Bearing July 23, 1963, item taken under advisement; Study Meeting August 5, 1963. Upon a motion duly made by Mr. Cameron, supported by Dr. Allen, and unamiously adopted it was 8-156-63 RESOLVED that, pursuant to a Special Bearing having been held on Tuesday, August 13, 1963, the City Planning Commission does hereby grant Petition TA-100 by William Ponder, Attorney for Arnold Miller requesting approval to remove topsoil from property located on the north side of Six Mile Road approximately 2600 feet east of Newburgh (proposed Denmar Estates Subdivision) in the Southeast 1/4+ of Section 8, subject, however, to the following: (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 L 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 petitioners of this obligation, and FURTITERR RESOLVED, that the applicant deposit with the City Clerk a corporate surety bond at $500.00 per acre for twenty acres (20) or $10,000.00 which bond shall be for at least a one year period, and . 4r; 3956 TIIAT, 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, 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 dates of February 25, 1963 and April 30, 1963 and from the Police Department under date of February 21, 1963. Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is Petition Z-589 by the City Planning Commission to determine whether or not to rezone certain property located 402 feet north of Schoolcraft and immediately east of Middlebelt Road in the Southwest 1/I+ of Section 24 from R-1A and R-3B to C-2; Public Dearing 5/14/63, item taken under advisement. Upon a motion duly made by Mr. Milligan, supported by Mr. Okerstrom and unamiously adopted, it was #8-157-63 RESOLVED that, pursuant to a Special Dearing having been held on August 13, 1963, on Petition No. Z-589 as submitted by City Planning Commission for a change of zoning located 402 feet north of Schoolcraft and immediately east of Middlebelt Road in the Southwest 1/4 of Section 24 from R-1A and R-3B to C-2, the City Planning Commission does hereby withdraw said petition, and FURTDER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian-City Post under date of April 24, 1963, and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Company, The Consumers Power Company, City Department & Petitioner, as listed in the Proof of Service. Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is a motion to hold a Public Hearing pursuant to City Council resolution X568-63 to determine whether or not to rezone the south 165 feet of Lots 2, 3 and 4, of Supervisor's Livonia Plat No. 1 from C-1 to C-2 located in the Northwest 1/4 of Section 33. This property is located approximately 225 feet south of Plymouth Road and approximately 450 feet west of Stark Road. Mr. Kenneth Warren who is representing the owners of the property in question explained the reason for rezoning this property: It is to be used in conjunction with the Volkeswagon Dealership which was to be located on the Southwest corner of Plymouth and Stark Roads. IIe stated that the Pottery Business and the Red Barn presently situated on the property will be removed. 3957 Upon a motion duly made by Mr. Cameron, supported by Mr. Milligan, it was #8-158-63 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: The South 165 feet of Lots 2, 3 and 4 of Supervisor's Livonia Plat No. 1. This property is located approximately 225 feet south of Plymouth Road and approximately 450 feet west of Stark Road, in the Northwest 1/4 of Section 33, T. 1 S., R. 9E., City of Livonia, Wayne County, Michigan. from C-i (local business) to C-2 (commercial business). This property is located approximately 225 feet south of Plymouth Road and approximately 450 feet west of Stark Road in the Northwest 1/4 of Section 33• 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. to A roll call vote on the foregoing resolution resulted in the following: AYES: Allen, Cameron, Milligan, Okerstrom, Walker and Angevine NAYS: None Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is request for Bond Release for Application TA-92. This top soil was removed from the Burton Hollow Subdivision #3, located in the North 1/2 of Section 16. Mr. McCullough stated letters received from City Engineering dated July 29, 1963 approving the Bond Release. Upon a motion duly made by Mr. Angevine, supported by Mr. Cameron and unaminously adopted, it was #8-159-63 RESOLVED, that pursuant to the report and recommendation of the Bureau of Inspection dated August 1, 1963, the City Planning Commission does herein authorize the release of the bond dated January 10, 1963, in the amount of $2,500.00 by the Travelers Indemnity Company of Dartford, Connecticut, posted with the city in connection with topsoil removal operations performed under_ Permit No. 87, (Application TA-92) issued to A. K. Miller, Inc., 26940 Lahser, Southfield, Michigan; it appearing from the above report that all ordinance provisions and rules and regulations have been complied with; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. Mr. Walker declared the motion is carried and the foregoing resolution is adopted. 3958 . 4r, L Mr. McCullough announced the next item on the agenda is a One Year Extension requested by Gay Laid Company for the remaining Castle Gardens Subdivision, namely, Castle Gardens 7, 8 and 9 located in the South 1/2 of Section 19. After a brief discussion it was decided to take this item under advisement until proper maps could be presented to the commission. Mr. McCullough announced the next item on the agenda is final approval for Kimberly Oaks #4 located in the South 1/2 of Section 22, be given final approval, and #8-160-63 RESOLVED that, the final plat of Kimberly Oaks Number 4 be given final approval, and FURTHER RESOLVED, inasmuch as it appears on the records that, tentative approval of said proposed plat was given by the City Planning Commission December 18, 1962, and January 8, 1963; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of December 26, 1962; and it further appearing that the developer has asked the City Council to reduce his bond and has agreed to provide a bond to cover the installation of improvements in the reduced amount upon the Councils z taking action; subject to bond being approved by the City Attorney and subject to the City Clerk receiving the bond it appears that all other conditions necessary to the release of building permits have been met and the Building Department is hereby so notified; and the City Clerk is requested not to sign the plat until the developer provides the bond. A roll call vote on the foregoing resolution resulted in the following: AYES: Allen, Cameron, Milligan, Okerstrom, Walker and Angevine NAYS: None Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is a motion to hold Public Hearing to determine whether or not to adopt a Land Use Plan to be designated as Part VII of the Master Plan. Mr. Walker declared that this item would be taken under advisement. Mr. McCullough announced the next item on the agenda is a motion to hold Public Hearing to determine whether or not to adopt revised Subdivision Rules and Regulations, designated as Part VI of the Master Plan. Mr. Walker declared that this item would be taken under advisement. te Mr. McCullough announced the next item on the agenda is TA-94 by Jack Anglin seeking permission to remove a stockpile of topsoil from property located on the northeast corner of Five Mile Road and Newburgh Road on "Outlot A" of the Country Homes Estates Subdivision in the Southwest 1/4 of Section 17, Public Hearing 5/21/63, item taken under advisement. 3959 The question was raised at the Public Hearing about the three (3) foot drop iiii between the back yards of the properties fronting on Newburgh Road and the back yards of the lots in the Country Home Estates Subdivision. Mr. McCullough submitted a letter dated August 12, 1963, from the City Engineer indicating that adequate drainage structures have been provided for along the west sub- division line and it is the opinion of the Engineering Division that no serious drainage problems should result due to this difference in grade. After a brief discussion, several of the Planning Commission members felt they would like to examine the area before making a decision. Mr. Walker declared that this item would be taken under advisement until the next meeting. Mr. McCullough announced the next item on the agenda is the approval of the minutes for meetings held on July 2nd and July 9th, 1963. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Angevine, it was 0-161-63 RESOLVED that, the City Planning Commission does hereby approve the minutes for the meetings held on Tuesday, July 2nd and July 9th, 1963, A roll call vote on the foregoing resolution resulted in the following: AYES: Allen, Cameron, Milligan, Okerstrom, Walker and Angevine NAYS: None NOT VOTING: Cameron and Angevine, (July 9th, 1963 only). Upon a motion duly made by Mr. Milligan, supported by Mr. Cameron and unanimously adopted, the City Planning.Commission does hereby adjourn the 166th Special Meeting at approximately 9:00 P.M., Tuesday, August 13, 1963. * * * * * * * * Mr. Charles W. Walker, Chairman, called the Public Hearing to order at 9:30 P.M. with all those present now who were present at the time the Special Meeting had been adjourned. Mr. McCullough announced the first item on the Public Hearing was Petition Z-607 by Samuel Elias requesting the rezoning of property located on the east side of Merriman Road approximately 650 feet north of Plymouth Road in the Southwest 1/4 of Section 26, from M-1 to C-2. Messrs. Joseph and Samuel Elias were present as the petitioners. Mr. McCullough stated that this is within the industrial belt, and that he had received a letter from the Industrial Commission requesting that the change be denied. Mr. McCullough explained that the Federal Government is only a leasee of the building, the owner pays taxes just as if it were an industrial or commercial building. Mr. Walker stated that if the commission were faced with the approval of a ware- house under the M-1 zone, there would probably be very little difference in taxes as far as the city is concerned. There would be no difference in the taxes as far as the two uses are concerned. 3960 Mr. Andrew suggested that Mr. Donald Pollock, Acting Chairman, Talk on behalf of the Industrial Commission. Mr. Pollock gave their reasons for requesting that the petition be denied as it was a general opinion in the Industrial Commission that the industrial land should not be used for commercial use. Mr. Walker asked if there was a representative from the United States Post Office present. Mr. McCullough answered no, just the owners of the property. Mr. Walker asked now much money will the building cost. It was ascertained that the building would cost approximately $480,000.00 of which $8,000.00 will be paid in taxes based at 52 mills. Dr. Allen questioned how accessible this property is to the railroad. Mr. Andrew replied that it is very accessible. Mr. McCullough asked how long has the railroad been there. Mr. Andrew had no idea, however, Mr. Elias stated it had been there since 1951. Mr. Walker questioned whether the Post Office needed a railroad siding? Mr. Andrew answered no, all mail is trucked in from Detroit. Dr. Allen ascertained that the city is giving up a good piece of property highly accessible to the railroad. Mr. Walker wanted to know what the minimum acreage that they would consider for the Post Office. Mr. McCullough stated that they would need 3 and 1/2 acres. It was determined that they should have parking facilities for 100 cars due to the fact that the Post Office on Seven Mile Road is obsolete because of inadequate parking facilities. Mr. Elias felt that the remaining small strip of 97 feet not being used by the Post Office would be of very little use for industry, however, after talking to Mr. Andrew and Mr. McCullough if the Industrial Commission feels that this piece of property would be of some use, they would ask that it be deleted from the petition. There is approximatly 256 feet behind the Post Office and this could be left as M-1, that is where the railroad siding would be. The railroad runs approximately 150 feet north of the property in the petition and goes into the Sibley Property, it is about 100 feet away from the Elias property. Mr. Walker asked if they had given any thought to any other locations. Mr. McCullough stated that two years ago the Post Office was given several sites. One was in the Civic Center which was not approved by the City Council. There is some question whether the Federal Government is even subject to the zoning laws, if they wanted to, they could put it there even without the change of zoning. Mr. Walker stated that the city had more or less inherited this site. Dr. Allen wanted to know if in the event that this was not granted, would the city not receive a Post Office. 3961 Mr. McCullough stated that he was sure the city was going to get a Post Office and he thinks they are pretty firmly committed on this site. There is a gentleman named Mr. Jehowski who buys land for the government and he has been very emphatic about the piece of property. Mr. Milligan asked, "you made a statement that out of a dozen or more sites, we inherited this one, and that the Council had turned down a Civic Center site". Was this a site asked for by Mr. Jehowski: Mr. McCullough stated that the City Council did not want it on the Civic Center property. Mr. Jehowski tried to purchase it but was unable to do so. Mr. Milligan asked if this was because of the cost of the land. Mr. McCullough answered, "I presume so". Mr. Walker asked Mr. MacNamara if he had any information that he could give the Planning Commission to help them make a decision. Mr. MacNamara answered that the City Council did not feel that it was the logical place for a Post Office due to the traffic problem connected with this type of business. He stated the Civic Center was planned at great expense and although the city has not completely followed the plans he felt that they could be followed. The plans do not call for a Post Office facility. Mr. Elias stated that the Post Office Department had picked up their site, they did not solicit the site. It was his understanding that the Post Office inspector had simulated postal services to and from this site. It was also felt that the construction of this Post Office would help the development of this industrial area. Mr. Walker asked if there was anyone in the audience who wished to speak? Mr. Lewis, 11904 Merriman Road, said he was in favor of it and thought it would better the neighborhood. Mr. Walker explained the procedure to those present that no action is taken at the Public Hearing, the items are taken under advisement and studied further at a Study Meeting, action is then taken at a subsequent meeting. Mr. McCullough stated that the petition had been delayed approximately two (2) weeks, he asked if it would be possible to make an exception in this case and take action later in the evening. He stated the Councilhas a study meeting on the 19th of August at which time they could discuss this item. Mr. Walker said if the board chooses to act upon this after the Public Hearing they could do so. This item is now taken under advisement along with Petition M-295 which requested approval for parking for the Post Office. Mr. McCullough announced that the next item on the agenda is Petition M-297 by Henry Alper, Wonderland Shopping Center, requesting approval to erect a Red Barn self-service restaurant, on property located on the south side of Plymouth Road, immediately west of the Livonia Bank within the Wonderland Shop Center, approximately 1950 feet west of Middlebelt Road, in the Northeast 1/4 of Section 35. , 3962 Mr. Alper was present as the petitioner. He stated that the building was to be approximately 140 to 150 feet from Plymouth Road. The building itself would be 30' x 50' , concrete and red glazed face brick and would have 18 seats of the Boles desk type on the inside. However, this is a self-service restaurant and customers must leave their cars to get served. They may eat on the inside or return to their respective cars. There will be no car hops. He also stated there will be 8 to 10 employees on each shift to serve customers, and the hours are to be 11 a.m. to 11 p.m. , Monday through Thursday, Friday and Saturday, the hours will be 11 a.m. to 1 a.m. The menu will consist of Hot Dogs, Cheeseburgers, and Southern Fried Chicken. Mr. Okerstrom asked Mr. Alper what type of policing are they going to have. Mr. Alper explained that he is putting in the lease that the place must be kept up and as of right now, he has his own security police. Mr. Walker declared this item will be taken under advisement. Mr. McCullough announced the next item on the agenda is Petition M-295 by John Jehowski, Real Estate Office for the United States Post Office Department, requesting approval to establish parking in and around the Post Office to be erected on property located on the j east side of Merriman Road approximately 647 feet north of Plymouth Road, in the Southwest 1/4 of Section 26. Mr. Walker declared this item will be taken under advisement with Petition Z-607. Mr. McCullough announced the next item on the agenda is proposed Binder & Lark Subdivision, located on the north side of Schoolcraft Road and South of Lyndon Avenue, between Ellen and Barbara (if cut through) this proposed plat is located just east of Koloff's Sunnyside Estates Subdivision, in the Southwest 1/4 of Section 21. Submitted by Binder & Lark Building Company. Both Mr. Binder and Mr. Lark were present as petitioners. The Commissioners xamined the plat relative to lost 30, 31 and 32. It was felt that these lots did not comply to the minimum lot requirements. Mr. Walker asked if the subdivision to the east has been approved. Mr. McCullough stated that the plat was approved once but it has expired and the subdivider has been asked to bring it in, however so far he has failed to do so. Mr. Walker asked if Mr. McCullough has had an opportunity to see whether or not the plan pattern of the streets coincide. tMr. McCullough said the next door neighbor informed him that he did not feel a street should be stubbed in at the south end of the plat before the commission. He also suggested that the school board be contacted relative to the intersection at Lyndon. The Subdivider agreed to call the school board the next day. Mr. Okerstrom asked what about the property to the west. AD 3963 lb; The Subdivider stated that all of the lots on the west back into Koloff's Sunny- side Estates. Mr. Okerstrom felt there should be more information relative to the street pattern of Perth and the stub at the south end of the plat. Mr. Walker said this item will be taken under advisement until the street pattern is clarified. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Milligan and unanimously adopted, the City Planning Commission does hereby adjourn the 166th Special Meeting held on Tuesday, August 13, 1963 at approximately 10:30 P.M. CITY PLANNING COMMISSION N 'R. L. Angevin=; Secretary 4 ATTESTED: le /1. L (/G���4 C) til/ Charles W. Walker, Chairman J