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HomeMy WebLinkAboutPLANNING MINUTES 1963-10-01 4000 MINUTES OF THE 168TH SPEC'AL MEETING AND A PUBLIC HEARING BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 1, 1963, the City Planning Commission of the City of Livonia held the 168th Special Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Edward Milligan, Chairman, called the 168th Special Meeting to order at approximately 8: 10 p.m. Members Present: Dr. Allen, J. Cameron, E. Milligan, C. Walker, R. Angevine, W. E. Okerstrom, D. Anderson and D. Heusted. Members Absent: M. Ingold* Mr. David McCullough, City Planner, was present along with approximately 12 interested persons in the audience. Mr. McCullough announced the first item on the agenda is Petition Z-610 by K & L Development Corporation requesting the rezoning of property in the South 1100 feet of Parcel B which is located 750 feet South of Six Mile Road approximately 2450 feet East of Newburgh Road and immediately West of Golfview Meadows Subdivision in the Northeast 1/4 of Section 17, from RLA to RM. Public Hearing, September 17, 1963, advisement Mr. McCullough stated the petitioner made a point that he had seen a map showing 70' lots. Mr. Volk, the owner of the adjoining parcel was here and stated that he changed the zoning of his own volition to RL from RM. The map that was presented to the commissioners indicates all 80' lots. Mr. Kropf asked if any of the members had a chance to look at the zoning map in use now in the City Hall? It shows that part of the area is 70' lots. Mr. McCullough stated that Mr. Kropf has indicated if you give him 70' zoning he will plat 75' lots. Mr. Kropf stated if the commission would grant 70' lots, we will immediately come in here with 75' lots. We relied upon the map that is in use by the city. We would certainly be very grateful if you would consider the request. We will submit a plat in the very near future showing 75' lots. Dr. Allen wanted to know if Mr. Kropf was in on this when the owner bought the property? Mr. Kropf stated no, he was not. His client bought acreage anticipating they would get a certain number of lots. If they get less the value goes up. Mr. Milligan wanted to know when this property was rezoned to RLA. Mr. Kropf stated it was rezoned in January. 4 Mr. McCullough stated that he was right. Dr. Allen asked when they bought the property? Mr. Kropf stated they bought the property a year ago last June, in 1962. Mr. Milligan asked if the individual Mr. Kropf purchased the land from was aware of the zoning change. 4001 I: Mr. McCullough stated he was present at the last meeting, and admitted he was aware of the change. Mr. Okerstrom stated on the East and North boundry the petitioner could put 80' lots and 75' lots adjacent to them. Mr. Kropf stated they would agree with that. Mr. Okerstrom it would be a good idea to bring a plat before the board. Mr. Kropf stated they would bring in a proposed plat. May I request that you put this under advisement. Mr. Milligan stated this item will be taken under advisement. Mr. McCullough stated the next item on the agenda is Petition Z-611 by the City Planning Commission on its own motion, pursuant to City Council Resolution No. 568-63, requesting rezoning of property located between Laurel and Stark Roads, 220 feet South of Plymouth Road and approximately 280 feet West of Farmington Road, in the Northeast 1/4 of Section 33. Public Hearing Y 1140 September 17, 1963, advisement. 4 Upon a motion duly made by Mr. Cameron, supported by Dr. Allen, it was /d 4191-63 RESOLVED, that pursuant to a Public Hearing having been held on Tuesday, September 17, 1963, on Petition Z-611 by the City Planning Commission on its own motion, pursuant to City Council resolution No. 568-63, requesting rezoning of property located between Laurel and Stark Road, 220 feet South of Plymouth in the Northwest 1/4 of Section 33, from C-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition Z-611 be granted for the reason that this simply squares up the ownership for the Volkswagon Dealer, making his ownership and the zoning coterminous. FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian-City Post under date of August 28, 1963, 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: Allen, Cameron, Anderson, Okerstrom, Walker, Okerstrom, Angevine and Milligan NAYS: None Mr. Milligan declared the motion is carried the foregoing resolution is adopted. ElMr. McCullough announced the next item on the agenda is Petition M-296 by Doyle Tippett, requesting approval to erect apartments on property located approximately 425 feet South of Plymouth Road and approximately 280 feet West of Farming- ton Road, in the Northeast: 1/4•of Section 33. Public Hearing August 20, 1963, advisement; Special Meeting September 10, 1963, advisement; Regular Meeting September 17, 1963, advisement. 4002 • Mr. McCullough presented each member a copy of the City Attorney's opinion. I: Mr. Anderson asked if it was established that if he dedicated a private drive, he would then not have sufficient off-street parking. Mr. McCullough stated he has changed it so now he does have sufficient off-street parkin3. Dr. Allen asked if the Fire Chief and the Police checked over these plans? Mr. McCullough stated that Sgt. Thorne has and he states it seems satisfactory. He asked Mr. Tippett if these plans were approved tonight, would he get a letter to the Fire Chief tonight? Mr. Tippett stated he would. Upon a motion duly made by Mr. Walker, supported by Mr. Angevine, it was /D -192-63 RESOLVED, that pursuant to a Public Hearing having been held on Tuesday, August 20, 1963, the City Planning Commission does hereby grant Petition M-296 by Doyle Tippett, requesting approval to erect apartments on property located approximately 425 feet South of Plymouth Road and approximately 280 feet West of Farmington Road, in the Northeast 1/4 of Section 33, said approval is based upon a letter from the Legal Department, dated October 1, 1963, and approval of the Site Plan upon condition that before E a building permit is issued complete engineering plans for the development must be approved by the Engineering Department, a bond provided or other assurances satisfactory to the City Engineer as to insure installation of all necessary utilities and acceptance of the public street by the City Council at some time prior to issuance of the certificate of occupancy. 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: Dr. Allen, Cameron, Anderson, Okerstrom, Heusted, Walker, Angevine and Walker. NAYS: None Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough stated the next item on the agenda is Petition Z-605 by James Mies, attorney for the Samuel L. Winternitz Company requesting the rezoning of property located 360 feet South of Eight Mile Road approximately 300 feet West of Milburn in the Northwest 1/4 of Section 2, from RUFB to M-1. Public Hearing July 23, 1963, advisement; Special Meeting, September 10, 1963, advisement, Regular Meeting September 17, 1963, advisement. Mr. Milligan asked Mr. McCullough if he thought the 510 feet should be the line of demarkation? Mr. McCullough stated, yes, and at the same time the commission should pass a resolution that all the owners build a wall. 4003 Mr. Walker asked if Mr. McCullough had discussed the 510 feet with the petitioner? Mr. McCullough stated the petitioner would rather have the 600 usable status. I don't think they would have bought the property unless they intended to use it. Upon a motion duly made by Mr. Walker, supported by Dr. Allen, it was /0 0,193-63 RESOLVED, that pursuant to'a Public Hearing having been held on Tuesday, July 23, 1963, on Petition Z-605 by James Mies, Attorney for the Samuel L. Winternitz Company requesting the rezoning of property located 360 fee' South of Eight Mile Road approximately 300 feet West of Milburn in the Northwest 1/4 of Section 2, from RUFB to M-1 be denied without prejudice based upon further study by the City Planning Commission and the Industri77. Development Commission and the following reasons: (a) that the industrial zoning should be deeRenad1 on an = ea wide basis. (b) that prior to doing this the Industrial/s�Tovuil't3'p,Y "'°" Weebf their. land owners and secure agreements to immediately erect the protective r..' Our experience in the past ,has. been that they will generally neglect to do this. (c) that this petitioner is1:not.4dversely affected by a denial because he indicated at the public hearing that he sought the rezoning because without it no one would buy his land. Since filing the petition the E land was sold. If the buyer had not intended to use it, he would not bought it. FURTHERBESOLVED, notice of the above hearing was published in the officio'. newspaper:, The Livonian-City Post under date of July 3, 1963, and notice of which' hearing was sent to The Detroit Edison Company, The Consumers Power Company, 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, Walker, Anderson, Okerstrom, Heusted, Angevine and Milligan NAYS: None Lr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is Petition Z-609 by Nelson Demur, requesting rezoning of property located 200 feet North of Greenland ar_-' 227 feet West of Middlebelt in the Northeast 1/4 of Section 14, from RUFB to R-3. Public Hearing •September 17, 1963, advisement. Upon a motion duly made by Mr. Walker, supported by Mr. Heusted, and unamimously adopted, it was /O 641-194-63 RESOLVED, that pursuant toe public Hearing having been held on Tuesday, September 17, 1963, on:PeciiiortZ-609'by Nelson Dembs, requesting rezoni- of property located 200;.feet.;North Of Greenland and 227 feet West of Middlebelt in the Northeast, + o. Section 14, from RUFB to R-3, the City Planning Commission does` hereby recommend to the City Council that Petition Z-609 be granted for the reason that this will premit this applicant to square up an existing R-3 parcel and in doing so wor?r o"' a much better internal road system within his apartment area. 4004ll: FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian-City Post under date of August 28, 1963, and notice of which hearing was sent to the Detroit Edison Company, The Consumers Power Company, City Departments, petitioner as listed in the Proof of Service. Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is Amendment of Resolution #7-113-63 covering Petition 2-598. The previous resolution having been erroneously stated that the change was from RLA to RUFA, when in fact, it should have said R1B to RUFB. Upon a motion duly made by Mr. Anderson, Supported by Mr. Angevine and unanimously adopted, it was /0 #4-195-63 RESOLVED that resolution #7-113-63 is amended to reflect that the actual change was from R1B to RUFB rather than RLA to RUFA as erroneously stated in the resolution. Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. IIMr. McCullough stated the next item on the agenda is Petition M-299 by John Claydon 4 requesting approval to use property for a golf driving range located on the North side of Plymouth Road, approximately 2,050 feet West of New- burgh Road. This property is directly across the street from the inter- section of Jarvis Avenue and Plymouth Road, in the Southeast 1/4 of Section 30. Public Hearing September 10, 1963, advisement, Regular Meeting September 17, 1963, advisement. Mr. Milligan stated that he would like to hold this item over, and asked Mr. Kropf if this would be ameniable to him? Mr. Kropf stated he would like a decision tonight. Mr. Milligan stated we promised you a decision and we vi1l take this under advisement until after the Public Hearing when we will reopen the Special Meeting. Mr. Milligan stated this item will be temporarily taken under advisement. Mr. McCullough announced the next item on the agenda is approval of minutes for meetings held on August 20, 1963 and August 27, 1963. Upon a motion duly made by Mr. Walker, supported by Dr. Allen and unanimously adopted it was 0-196-63 RESOLVED that, the City Planning Commission does hereby approve the minutes for the meetings held on Tuesday, August 20, 1963 and August 27, 1963. Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. 1[40 Upon a motion duly made by Mr. Walker, supported by Mr. Anderson and unanimously adopted, the City Planning Commission does hereby adjourn the 168th Special Meeting at approximately 8:55 p.m. * * * * * * * * * * * * 4005 II i Mr. Edward Milligan, Chairman, called the Public Hearing to order at approximately 9:30 p.m. with approximately 35 interested persons in the audience. Also present were Mr. Dan Andrew, Industrial Development Commission and Mr. Disk from the C & 0 Railroad. Mr. McCullough announced the first item , upon request, would be item #11, proposed Beatrice Gardens Subdivision, being a part of the Northeast 1/4 of Section 8. Such proposedplat being situated on the South side of Seven Mile Road approximately 1700 feet West of Wayne Road, and directly North of the proposed Denmar Estates Subdivision. Submitted by Hyman Simon. Mr. Okerstrom stated it would be advisable to bring Levan Road back on the section line as shown on the map. Levan would have to move Westerly and I would like to see it brought back in. Mr. McCullough stated Mr. Simons indicated he had just talked to the adjacent land owner, it was his understanding that Levan should be on the Section line at Seven Mile Road. II: Mr. Okerstrom stated he would like to know how the petitioner is going to do this. Mr. McCullough stated he will lose a few lots but he can curve it in. Immediate approval now would allow them to pave without interruption. Mr. McCullough also wanted to know if the commission wants the builder to bury the utilities? Mr. Simons stated he had talked to the telephone and electric companies and they don't know what they want. Mr. McCullough stated it would cost about $300 per home. The trenching and cost of the cable from the street to the home is the cost that the builder will have to assume. Mr. Milligan asked if there was anyone in the audience who wished to speak? Mrs. Adkins, 36221 Seven Mile Road, Livonia, wanted to question the ditch that runs through her property. Mr. McCullough stated the petitioner would take 80 feet of it. Mr. Milligan asked if anyone else would like to speak, there being no one, Mr. Milligan stated that the petitioner has requested us to consider this matter this evening, however, it is the policy of the City Planning Commission not to act on matters on the Public Hearing until it has been studied. Mr. Okerstrom suggested taking this item under advisement until the Special Meeting is resumed. Mr. Milligan declared this item will be taken under advisement. • I: 4006 Mr. McCullough stated the next item on the agenda is Petition Z-614 the City Planning Commission on its own motion to hold a Public Hearing to determine whether or not to rezone property located between 2 lines, both of which are parallel to the centerline of Schoolcraft Road. The most Northerly is 252 feet South of the centerline. The Southerly being generally 900 feet South of the Centerline, and extending Westerly from the West line of Velvet Peanut Butter property to Merriman Road. Mr. McCullough stated if this were approved, the property 150 feet South of Schoolcraft Road will be omitted. The object was to leave all the existing houses North of the line. The request was made by the Industrial Development Commission to do this because they are having trouble selling some of this property. Mr. Andrew stated it has been our experience that industry is interested in 3 things when they locate. We have the land to offer these people except that quite a bit of this land is not zoned correctly. At the same time we have applied before the City Council and they have agreed to install an industrial road. This means that we will open up the back acreage with all the utilities available. ElMr. Milligan stated we would like to hear from some of the people in the audience and also that some of the people are wondering why you did not request that the zoning go all the way to Schoolcraft. Mr. Andrew stated that 102 feet is the existing South right of way of Schoolcraft Road. Mr. Gaffke, 30579 Schoolcraft Road, Livonia, asked if the city has determined which side of Schoolcraft the expressway is going to go and if you are going to start rezoning, rezone it all the way. Dr. Allen asked if it has been definitely established that the expressway is going to be on the South side of Schoolcraft? Mr. Andrew stated East of Farmington Road, there is no question. Mr. Milligan stated where the question is, is West of Farmington Road. Mrs. Kline, 30881 Schoolcraft Road, Livonia, stated they have just spent her life earnings building a house and they don't know what to do. Mr. Liptak, 30521 Schoolcraft Road, Livonia, stated we are not even talking about a road, if this is zoned industrial how do you propose to get/ te,or would it go across my land? Mr. McCullough asked Mr. Liptak if you have access it the road, then are you opposed to the zoning? IIMr. Liptak stated he wanted the access on Schoolcraft Road. Mr. Milligan stated as Mr. Andrew said, the main reason for this new zoning is the possibility of opening the land up immediately for the purpose of industrial development. Mr. McCullough explained if they put a raod through everyone will have access to it. i 4007 At this point Mr. Milligan asked Mr. Andrew to sketch the proposed road on one of the maps and suggested that Mr. McCullough show it to the prople in the audience. He explained that the land to the South of the parcels under consideration tonight are already zoned M-1. Mr. Gaffke asked how long will he have to hold the land and pay taxes on industrial property if it is rezoned M-1. Mr. McCullough explained if you already have a residence on the property when it is rezoned to M-1 there is no additional tax levied. Mr. Gaffke stated he had been located at the same address for 22 years, and he may set there for another 10 years, so why should he pay industrial taxes. Mr. McCullough asked Mr. Gaffke if he were to receive a written assurance that he would not be taxed any more, would that pacify your fears? Mr. Adam Simeck, 30633 Schoolcraft, asked if the land was rezoned, would they have II: to replat it? Mr. Milligan stated that it would not require the land to be replated. He also stated that on the tax matter, we will have someone from the Tax Assessor's Office send the property owners a letter. This item will be on the October 15, 1963 agenda. Mr. Gaffke stated he will only agree if this zoning is brought up to Schoolcraft Road. *Mr. Ingold arrived at approximately 10:17 p.m. Mr. George Holmes, 31231 Schoolcraft asked if they rezoned right up to Schoolcraft Road could anyone come in and build right next to one of his neighbors houses and they would not be able to do a thing about it? Mr. Andrew stated any industry that would choose to buy a piece of their land would not build a plant close to the road. They would go at least 200 feet South of the South right-of-way of Schoolcraft Road. I assure you that they would prefer to sit back at least 250 feet from the road. Mr. Milligan declared this item will be taken under advisement. Mr. McCullough announced the next item on the agenda is Petition Z-612 by Leon Siegel requesting the rezoning of property located on the Northeast corner of Vasser Avenue and Middlebelt Road in the Southeast 1/4 of Section 1, from RUFB to C-2. Mr. McCullough stated that Mr. Siegel wishes to build an 80 x 100 foot retail outlet building. 114 Mr. Milligan asked Mr. Siegel if he needed a C-2 zoning? He felt that a C-1 zoning would contain this business. IllaMr. Siegel stated there was something in the zoning that stated there could be no more than five (5) employees in the C-1 zoning. Mr. McCullough stated a retail store would have no limitations. 4008 111 Mr. Milligan stated we could take this under act isement if he would consider C-1 zoning. Mr. Anderson asked if Mr. Siegel planned to have outside sales such as gasoline, etc. Mr. Siegel stated no, but they may put a type of rack outside the building to hold tires, etc. Mr. Milligan asked if there was anyone in the audience who would like to speak? Mr. Thomas J. Phipps, 29231 Vassar, wanted to know what kind of store this would be? Mr. Milligan explained it would be an automotive supply store on the order of a high class hardware store. Mr. Phipps asked if there will be equipment parked outside. Mr. Siegel answered, not heavy equipment. The building will be 70% brick and 307 glass. Mr. Milligan asked if anyone else in the audience wished to speak? Therebeing no one, Mr. Milligan declared this item will be taken under advisement. Upon a motion duly made by Mr. Ingold, supported by Mr. Okerstrom, it was 40-197-63 RESOLVED, that the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, October 1, 1963, at approximately 10:50 p..m. A roll call vote on the foregoing resolution resulted in the following: AYES: Allen, Cameron, Walker, Anderson, Okerstrom, Heusted, Ingold, Angevine and Milligan NAYS: None i Mr. Milligan declared the foregoing resolution is adopted. Upon a motion duly made by Mr. Walker, supported by Mr. Angevine and unanimously adopted, it was #t-198-63 RESOLVED, that the City Planning Commission does hereby reconvene the /0 168th Special Meeting at approximately 10: 51 p.m. with all those present now who were present at the time the Public Hearing was adjourned. Mr. McCullough announced the first item on the agenda is Petition M-299 by John S. Claydon, requesting approval to use property for a golf driving range located on the North side of Plymouth Road, approximately 2,050 feet West of Newburgh Road, the property is directly across the street from the intersection of Jarvis Avenue and Plymouth Road in the Southeast of Section 30. Mr. Diak representing the Chesapeake & Ohio Railroad stated that he has an appointment 1[40 with the owner of the property on Thursday on the option. Mr. Kropf stated I am not authorized by my client to enter into any negotiations with this gentleman. My position has been, is and will probably be until there is some- thing in writing submitted by the C & 0 Railroad. We have done nothing but talk. • . ' 4009 Mr. Milligan asked Mr. Diak if he was authorized to speak for the C & 0 Railroad this evening? Mr. Kropf stated that this is getting out of hand to the extent that I feel there is unfair burden on the petitioner, my client. Mr. Milligan stated there was an agreementat the last meeting that we would take action tonight. Mr. Dan Andrew stated, in view of the development I would make a request that the use permit be denied. This is valuable industrial property and we should retain it as such. Upon a motion duly made by Mr. Cameron, supported by Mr. Angevine, it was /0 0=199-63 RESOLVED, that pursuant to a Public Hearing having been held on Tuesday, September 10, 1963, the City Planning Commission does hereby grant Petition M-299 by John S. Claydon, requesting approval to use property for a golf driving range located on the North side of Plymouth Road approximately 2,050 feet West of Newburgh Road, the property is directly across the street from the intersection of Jarvis Avenue and Plymouth Road in the Southeast 1/4 of Section 30, said approval is in accordance with revised site plan "A" dated September 15, 1963. 1[0 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: Allen, Cameron, Anderson, Walker, Heusted, Angevine, Milligan NAYS: Ingold, Okerstrom Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is proposed Beatrice Gardens Subdivision being apart of the Northeast 1/4 of Section 8 such proposed plat being situated on the South side of 7 Mile Road approximately 1700 feet West of Wayne Road, and directly North of the proposed Denmar Estates Subdivision. Submitted by Hyman Simon. After a brief discussion, Mr. Milligan declared this item will be taken under advisement for a one week period. Upon a motion duly made by Dr. Allen, supported by Mr. Anderson and unanimously adopted the City Planning Commission does hereby adjourn the 168th Special Meetingheld on Tuesday, October 1, 1963, at approximately 11:12 p.m. CITY PLANNING COMMISSION 1[40 ATTESTED: l f Cb � �� Angev' Secretary .41111111119);/, ary z447 Edward G. Milligan, Chairman