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HomeMy WebLinkAboutPLANNING MINUTES 1965-04-20 PLA • 4464 !MUTES OF THE 173RD REGULAR MEEFING THE 202nD SPECIAL MEETING AND A IUBLtC HEARING OP THE CIT [ PLANNING COMMISSION OF THE CITY 0 ' LIVONIA On Tuesday, April 20; 1965, the City Planning Colonission of the City of Livonia, _ held the 173rd Regular Meeting, the 202nd Special Meeting and a Public Hearing at the Livonia City Hall 33001 Five Mile Road) Livonia, Michigan. Mr. Charles W. Walkers Chairman; called the 173rd Regular:Iteeting to order at approximately 8:l6 psm. with approiithatelSr twenty interested persons present in the audience. Members present: Raymond 4 : Tent Charlee W. balker Harry Henry 4rightman James Cameron Donald Heusted John J. Ward Members absent: * ob Its Whitehead Donald C. Pollock • Messrsl Don Hull; Planning Director; John Js Nagy) Aesistahl Planning Director; and Harry C. Tatigianl First Assistant CityAttOrney, were presents Mr. Ward presided as secretary in the absence of Mr. Whitehead. Mr. 44ard announced the first item on the agenda is letter dated March 15' 1965 from the Irtdt Strial Coordinator requesting the Planning commission on its own mtotibn to hold a public hearing on an americioaent to .ihe Master Thoroughfare Plan whidh will remove Alois from Aifirhein Road to i'l mouth Road in the South 1/2 of Sectibn 30. No one was present wishing to be heard either in favor of dry opposed tb request as preseted. Upon a motion duly made by Mr. Cameron and Sectthded by Mrs Tent, it was #4-73-65 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia on its own motion does hereby establish and order that a public hearing be held in the City Hall of the City of Livonia, to determine whether or not the Master Thoroughfare Plan, Part I of the Master Plan of the City of Livonia, should be amended so as to delete Alois from Amrhein Road to Plymouth Road in the South 1/2 of Section 30, and TI' IS FURTHER RESOT • D, that notice of time and place of said public hearing be published in a newspaper of general circulation in the City of Livonia and that a notice by registered mail be sent to each public utility or railroad ccttpany owning or operating any public utility or railroad within the City of Livonia in accordance with the provisions of Act 285 of the Public Acts of Michigan of 1931, as amended. A:roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Wrightman, Cameron, Heusted, Ward, and Walker NAYS: None The Chairman, Mr. Walker, announced the motion is carried and the foregoing resolution is adopted. 1 • 4465 Mr. Ward announced the next item ohthe agenda is the iroposed Idyle Hills Estates Subdivision) Not 3 located approxima ely 1;000 feet viest of Ashurst Road and 650 feet north of Five Mile Road, bounded by Burton Hollow Subdivision, No. 5 to the north and Idyle Hills Estates Subdivision, No. 2 to the west in the Southwest 1/4 of Section 16. Public Hearing 2/16/65. Study Meetings 3/9/65 and 4/13/65. Mr. David Meinzinger was present. Mr. Walker read letter dated April 16, 1965 from William J. Strasser, City, Engineer, Division of Engineering, regarding provision for a secondary opening southerly to Five Mile Road. Mr. Tent questioned the 40$ dedication and the type of improvement :to the toad. cb Wondered whether it could be bl ck-topped to h ro1 fist etc. Mr. Hull stated he believed Mr. Strasser has this in mind and that his 1totild be worked but by the engineering Department before the proposed subdivision gets to the City Cbtancil. Mr. Wrightman questioned whether the other 20' is dedicated. Mr. Hull stated that this developer has been placed on guard that the commission will ask this when he presents his plat. Mr. Ward stated that when this resolution recommending approval of the preliminary plat is transferred to the City Council that a note be attached alerting them that someone is going to have to bear the cost of the culvegjroad way into the subdivision. Mr. Hull stated he will write a cover letter Upon a motion duly made by Mr. Wrightman and seconded by Mr. Tent, it was #4-74-65 RESOLVED that, pursuant to a Public Hearing having been held on February 16, 1965, the City Planning Commission does hereby give its approval to the preliminary plat of Idyle Hills Estates Subdivision, No. 3 being a part of the Southwest 1/4 of Section 16 and located approximately 1,000 feet west of Ashurst Road, and 650 feet north of Five Mile Road bounded by Burton Hollow Sub- division, No. 5 to the north and Idyle Hills Estates Subdivision, No. 2 to the west, subject to dedication of the flood plain land, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent mf Schools, Fire Department, Police Department, Parks and Recreation Department, and members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the followings AYES: Cameron, Heusted, Tent, Wrightman, Ward, and Walker NAYS: None The Chairman, Mr. Walker, declared the motion is carried and the foregoing resolution is adopted. • • 4466 Mr. Ward announced the next item on the agenda is Petition 2.685 by the City fe planning Commission requesting the rezoning of property locgted on the Southeast corner of Six Mile Road and Hubbard Road in the Northeast 1/4 of Section 15, from RUFB to RU. Public Hearing 3/16/65. Study Meetings 3/30/65 and 4/13/65. Messrs. Jacob Menuck and William Ponder, Attorney were present. Mr. Hull informed commission that the developer has prepared three plans based on a sketch prepared by this office. None of the three plans is exactly what we want however they are all based on 117 lots. To date, developer has not come up with a plan that is completely satisfactory. Mr. Walker asked if this is a situation where developer • eeds more time. Mr. Hull stated it is. Mr. Ponder stated that he believed they have an agreement in principle and are trying to cooperate with commission; however, time is important. Have concept which they believed good; All three plans submitted showed an entrance off of Six Mile Road and Hubbard Roads. Mr. Hull stated that the solution of this item lies in Plan A and modification of it. Developer should understand three things: (1) The lots along Hubbard Road and Six Mile Road are geing to be larger than the minimum standards - 115' - 1204 in width with a greater area; (2) Maximum yield is reduced from original proposal; and (3) There will be modification of e en Plan A. Mr. Ponder stated they agree to larger width on Six Mile and Hubbard Roads and there will be maximum of 117 lots in development. The final plat will be substantially as Mr. Hull states. Upon a motion duly made by Mr. Cameron: and seconded by Mr. Wrightman, it was #4-75-65 RESOLVED that, pursuant to a Public Hearing having been held on March 16, 1965, on Petition Z-685 as submitted by the City Planning Commission for a change of zoning on the Southeast corner of Six Mile Road and Hubbard Road in the Northeast 1/4 of Section 15, from RUFB to RU, the City Planning Commi%ion does hereby recommend to the City Council that Petition Z-685 be granted subject to the proposed subdivision plat show the following: (1) That the lots along Hubbard and Six Mile Roads be a minimum of 1254 wide, and (2) That the total density not be greater than 117 lots, and (3) That there be a service drive on Six Mile Road and on Hubbard Road, and for the following reasons: (1) This is the highest type quality development that has recently been proposed in Livonia and should be compatible to the adjacent area, and IL (2) The visual quality of the proposed development at the RU category as opposed to the RUF category will be quite similar because of the intended lot size, and 4467. • (3) The' density of the proposed development is only slightly higher than it would be in the RDF category, and (4) T e develophent. in this area can be a logical step toward h gh type development in other areas` arid FUR' HkR RESOLVES?, notice of the above hearing was published in the official newspa er1 L vohian Observer and City POst, under date of Fetlru fry4, 1965 and notide of which hearing was sent to the Detroit Besoh Company, The Chesapeake & OhiO Railway Company, k.chi ari lien Telephone CoIsanyt The Consumers Power Company) and t�Lty Depat'tmehts as lifted 9.t'i the proof of 8er*icee A roll call vote on the foregoing resolution resti'ted in the following! AYESt tell) Wrightmnrt; Cameron; HeUsted, and Talker NA/81 Ward The Chairman` Mrs taker, declared the motion is carried and the foregoing resolution is adotd. Mil Ward announceji the next item on the agenda is the proposed Tiffany lark Stlbdivis ort NoI i iodated on the east side of gckles Road, appto�ti- mately 700 feet south of Five bile Road acid adjacent to the Castle Gard?his Stibdiv s ion Ne. 4 in the Northwest 1/4 ofSectioh 194 Mr. eorigird Farber was present. Mr• 4� ghtlnan guest. ned wkiether city still has this park area available to it. Mr4 Wa er stated it is tied downs Mr}} Vtard stated he attended the City Council meeting last Wednesday and that at this meeting th . Pither appeared to complain that the PlanningCommission had taken uridtie length of time in processing preliminary plat. Mr. Hull was present also at this meeting and submitted letter dated April 14, 1965 which states c A ssiont s position in this matter. Some members of the Council were rather critical of the commission. Felt that dedication of a park site is not enough unless something is done to purchase dedicated site. Stated he is personally concerned about densityin area. Did not feel there has been a good solution to item. *Mr. Bob R. Whitehead arrived at approximately 8:45 p.m. Mr. Ward continued that that he did not think it the purpose of the commission to plan an asphalt jungle and that there should be space for parks etc. However, it is also important that the Planning Commission have good relations with the CityCouncil and that this canmission in some cases is a recommending body. It was the City Council's desire that commission act on item. Mr. Ward made the following motion: RESOLVED that, pursuant to a Public Hearing having been held on December 15, 1964, the City Planning Commission does hereby deny without prejudice the'preliminary plat of the proposed Tiffany Park Subdivision, No. 3 located on the east side of Eckles Road approximately 700 feet south of Five Mile Road and adjacent to the Castle Gardens Subdivision, No. 4 tithe North- west 1/4 of Section 19, and 4468 FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as 1 ted in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, Parks and Recreation Department and Members of the Plat Commitee. Mr. Walker read letter dated April 14, 1965 from Cecil H. Alford, Assistant Superintendent of Livonia Public Schools. Questioned Mr. Farber as to how developer keeps school district informed about progress of subdivision for them to compile population statistics of school age children. Mr. Farber stated that they inform school district whenthey expect to develop homes and the school district gages number of students that will flow from homes. Mr. Tent stated that with all due respect to Mr. Hulls s opinion regarding recommendation for approval, of this proposed subdivision, he could not honestly cast a yes vote. Agreed that this plat meets all restrictions imposed against a 601 lot development and legally this man has a right to use this property as he has plotted it; however, because of the extremely high density in this area believed that the developer .could on his own if he is interested in assisting the City of Livonia to achieve some semblance of density control, in an already overly populated area to plat his rcu.ailing lots in this area in a larger size. Suggested 50% - 60' lots; 30 70'lots and 20% - 80! lots. This would be a noble gesture on his part and Would alleviate compounding the existing density problem in this area. Mr. Wrightman questioned whether copmission can doh�ese things legally inasmuch own p as this commission on itsotion has set asidor future park ste. Liked to sec`a little larger size lot in this area to cut down the density. Mr. Hull stated that at this point he did not see how there is anything commis3ion can'do,that would be constructive. Recommended approval of plat. Mr. Tatigian stated the Law Departmait has done sone research on requiring a developer to dedicate, as an improvement, park land. Mr. Farber is also familiar with the cases that have been decided by the Supreme Court and have discussed them with him. Hower, stated he and Mr. Farber disagreed regarding cases. The Michigan Municiple League would like to see a good court test on question of true meaning of cases. Suggested that if this commission Beeks to deny this proposed plat that it base the denial on the basis that compliance has not been made to the Subdivision Rules and Regulations. Also suggested that compssion request that the City Council consider amending the Plat Ordinance! Mr. Farber informed commission that the Supreme Court of Michigan reversed the Circuit Court ruling regarding Warren because that city passed an ordinance treating certain classes of people different. Suggested that cbmmissign is treat- ing this item differently than other items and it le wrong. BelievedCommission hare'h i u p plat ei ceesatiteteesl it has pla cepa - si tV'an tike.Ma sG er Plan. In January developer pulled back subdivision plat to keep area outof proposed plat. Are not asking at this time that this land be platted. Could see no reason to hold up proposed plat. Mr. Tatigian stated that the case referred to is regard- Clio ing sewers and would not apply here Mr. Ward asked at what time can commission change its policy. Mr. Tatigian stated-if commission is going to require park land than it had better require it at all times. 4 t 4 , '...-+- i., , 4.1i.411.; '1 1 -- :1- .- _1.._--- 4469 Mrs Ward withdrew his Motionsand asked that item be held over to another meeting so that he could go home and properly word a resolution denying proposed plats Mr. Tent asked Mr. Tatigian to word such a resolution. Mr: Walker announced that the proposed Tiffany Park Subdivision, Not 3 would be taken under advisement in order to allow kr. Tatigian to properly word resolution of denial. Mr: Ward announce the next item on the agenda is the final plat of Arbor Estates Subdivision located north of Joy Road and west of Hix Road in the Southwest 1/4 of Jection 31. Mr. Richard D. Bleznak was present. dr. Walker read letter dated April 14, 1965 from Cecil H. Alford, Assistant Superintendent Liv'ohia public Schools. t -. Wrightmarl gnestioned whether developer is aware of the amount of homes in area. Mr. Ble nak stated he was not aware that density is a question. Stated there are 94 sites in plat. Mr.. Welker stated cotnnliesion has before it a final plat approval. There has been f hey spent for engineering drawingo and bonds haite been established and filed pursuant to Council resot .ons. This is an area that it is too late to do anything abouts Upon a Lotion duly made by Mr. Wrightman and seconded by Mr. Cameron, it was #4-76-65 RESOLVED that, the final plat of Arbor Estates Subdivision located in the Southwest 1/4 of Section 31 be given final approval for the following reasons: (1) It is consistent with the Zoning Ordinance, and (2) It is consistent with our Subdivision Rules and Regulations, and (3) It is compatible with the general development in this area of the city, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission 6/30/59, 5/10/60, 5/16/61, 5/22/62, 5/21/63, and 6/2/64; and it further appearing that said proposed plat together with plans and specifications for improvements therein have been approved by the Department of Public Works under date of December 14, 1964; and it further appearing that the financial assurances required in City Council Resolution #30-65 adopted January 13, 1965 and amended by Resolution #109-65 adopted March 26, 1965 have been filed with the City Clerk as confirmed by a letter dated March 29, 1965 from Addison W. Bacon, City Clerk, it would therefore appear that all the conditions necessary to the release of building permits have been met and the Building Depart- ment is hereby so notified. Mr. Ward stated that this comriission has been making an effort to up-grade the density in the city. Is sorry that money has been spent. This is the same type of area as Section 19 and the proposed Tiffany Park Subdivision, No. 3. If 4470 cotnmision continues to allow this trpe of consideration it will not provide the type of city that commission is triving to have. ILO 14r. Tent questioned whether the propetty adjoining this proposed plat has been platted. Mr. Hull stated he did not believe it has been. lir. Tent stated that if this land has not been platted then commission still has control over it. Asked how much property is in area. This could not be ascertained at this tim.6. Mr. Wrightman stated developments in area are in different stages of procedure. This is in the final stage herel Mr. Tatigian stated the exieting SubdiVisioh Rules and Regulations were adopted in March, 1964. This plat presented to commission before this time and there has been considerable funds spent. Commission should treat all of these as much as poible alike4 Area here is not highly congested as is the case in Section 19. Mr. Cameron stated that he did not think Tiffany Park S}}bdivision, No. 3 in Section 19 and this one the same. Stated the Edward Heitz Patk i; to the south which would give residents some recreational area.whereas in Section 19 there just isnot any. Mr. Ward stated he did not think Edward Heinz Park adequate park land. Mr. Tent questioned what control commission has on the adjoining subdivision. Has this subdivision gone far enough to fall in the same category - if not these two cases are not the same. Li Mr. Hull stated he did not think the time to act is when a final plat is brought in. Suggested a study could be made of the entire area and provision be made for recreation area on a planned basis and put people that own land on guard as to what commission has in mind. Stated he would like to see 70' - 80' lots too but that in this case would recommend approval of final plat. Mr. Walker read letter from Addison Bacon, City Clerk, and stated that no matter how badly commission wants park site or control of den? ity, commission has no chc:se but to go along with approval of final plat. Mr. Ward stated that he felt part ofthe reason we, have problem is that the previous planning commission vas alittle too lose in approving some of these matters. Did not feel honor bound to approve this now. Did not feel commission has enough facts before it to approve it. Thought ommission's action should be postponed. Wanted assurance that this is a different situation. A roll call vote on Resolution No..4-76-65 resulted in the following: AYES: Tent, Wrightman, Cameron, Heusted, Walker and Whitehead NAYS: Ward The Chairman, Mr. Walker, declared the motion is carried and the foregoing resolution is adopted. filt0 Mr. Ward annn»nced the next item on the agenda is a resolution of transmittal on the proposed zoning ordinance and map to the City Council 4471 Mr. Walker announced that this tem wbuld be taken under advisement. IL; Mr. Ward announced the next item on the agenda is motion by t he City Planning Commission to hold a public hearing to determine whether or not to rezone the property covered by Petition Z-657 in the Northwest 1/4 of Section 34, from C-2, R-2 to R-1-A` pursuant to Council Resolution Not 27 -654 Upon a motion duly made by Mr. l4rightntan and seconded by Mr. Ward, it was #4-77-65 RES0tVED tha4; the City planning Commission, pursuant to Section 20101 of.the Zoning Ordinance, No. 60 of the City of Livonia and itesolutibi` Noe 272..65 Adopted by the City Council Marc 241 1965, does hereby establish and order that a Public Heap. be held to detetinine wheth.:r or not to rezone the foowdescribed parcel of land: Part of the Northwest 1/4 of Section 34, T. 1 S., R. 9 E., City o t ivonia, Wayne County, Michigan, being described as: Beginning at a point on the centerline of Woodring Avenue (60• wide) extended northerly, said point being S. 88° 39' 44" E., 30.0' and N. 1° 181 46" E., 70.0' from the northeast corner of Rosedale Gardens Nob 11 (Liber 74-Page 67); thence S. 88° 39' 44" E., 426.0'; thence N. 1 18' 46" E., 600.01; thence S. 88° 39' 44" E. 112.01; thence along the westerly line of Loveland Avenue (601 wide), N. 1° 18' 46" E., 200.01; thence N. 88° 391 44" parallel to and 46$0' south of the south line of Plymouth Road (1201 wide), 538.0'; thence along the said northerly extension of the centerline of Woodring Avenue, S. 1° 18' 46" W., 800.0' to the point of beginning. Part of the Northwest 1/4 of Section 34, T. 1. S., R. 9 E. City of Livonia, Wayne County, Michigan, being described as: Beginning at a point on the centerline of Woodring Avenue (601 wide), said point being S. 88° 39' 44" E., 30.0' from the Northeatt corner of Rosedale Gardens No. 11 (Liber 74-Page 67); thence along the centerline of Woodring Avenue extended northerly, N. 10 18' 46" E., 70.01; thence S. 88° 39' 44" E., 426.0'; thence S. 1 18' 46" W., 70.01; thence N. 88° 39' 44" W., 426.0' to the point of beginning. Part of the Northwest 1/4 of Section 34, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being described as: Beginning at a point, said point being S. 88° 39' 44" E., 456.0' from the Northeast corner of Rosedale Gardens No. 11 (Liber 74-Page 67); thence N. 1° 18' 46" E., 670.01; thence S. 88° 39' 44" E., 112.0'; thence along the westerly line of Lowiand Avenue (601 wide), S. 1° 181 46" W.,; 670.0'; thence N. 88° 39' 44" W., 112.01 to the point of beginning. from C-2 and R-2 to R1A. This property is located between Woodring and Loveland, approximately x!65 feet south of Plymouth-Road and adjacent to the R-3 zoning on the east side of Farmington Road and south of the Sheldon Shopping Center in the Northwest 1/4 of Section 34, and FURTHER RESOLVED, that a hearing be held and notice be given as provided in Section 20.01 of the Zoning Ordinance, Ordinance No. 60 4472 IL of the City of Livonia and that there shall be a report submitted and recommendation thereon to the City Council A roll call vote on the foregoing resolution resulted in the following: AYES: Wrightman, Cameron, Whitehead, Heusted, Tent, Ward and Walker NAYS: None The Chainnan, Mr. Walker, declared the motion is carried and the foregoing resolution is adopted. Mr. Ward announced the next item on the agenda is motion by the City Planning Commission to hold a public hearing to determine whether or not to rezone certain properties on Camden Avenue, north of Plymouth Road in Section 25, from R-l-B to M-1, pursuant to letter dated 4/13/65 from Stanley F. Steiner, Chairman, Industrial Development Comrbission. Upon a motion duly made by Mr. Tent and seconded by Mr. Cameron, it was #4-78-65 RESOLVED that, The City Planning ComJhission, pursuant to Section 20.01 of the Zoning Ordinance, No. 60 of the City of Livonia, and Resolution No. 128-3-65 adopted by the Industrial Development Commission March 8, 1965, does hereby establish and order that a public hearing be held to determine whether or not to rezone the following described parcel of land: That part of the S.W. 1/4 of Section 25, T. 1 S., R. 9 E., City of Livonia, Wayne Cot r►ty, Michigan, described as beginning at a point distant S. 87° 13' E, 1327.93 feet and N. 2° 47' E., 2442.0 ft. from the S.W. corner of Section 25; and proceeding thence S. 87° 13' E, 440.0 ft., thence S. 2° 47' w, 360.0 ft., thence S. 870 13' Bi 191.40 feet, thence S. 2° 49' 27" W, 80.0 ft., thence N. 87° 13' W, 411.35 ft., thence N. 2° 47' E, 40.0 ft., thence N. 87° 13' W, 220.0 ft., thence N. 20 47' B, 400.0 ft. to the point of beginning. from R1B to Ml. This property is located on Camden Avenue, North of Plymouth Road in the Southwest 1/4 of Section 25, and 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. A roll call vote on the foregoing resolution resul ted in the following: AYES: Cameron, Heusted, Tent, Wrightman, Whitehead, Ward, and Walker NAYS: None Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. 4473 Upon a motion deity made by Mt. Wrightman, seconded by Mr. Ward and unanimously 14 ILO adopted, it was #4-79-65 RESOLVED that, the City Planning Commission does hereby approve minutes of meeting March 23, 1965. The Chairman, Mr. Walker, declared the motion is carried and the foregoing resolution is adopted. Mr. Ward announced the next item on the agenda is motion by the City Planning Commission to hold a public hearing to determine whether or not to rezone the property covered by the proposed Blue Grass Farms Subdivision in the South half of Section 18 from RLA to RM. Upon a motion duly made by Mr. Wrightman and seconded by Mr. Tent, it was #4-80-65 RESOLVED that, the City Planning Commission, pursuant to Section 20.01 of the Zoning Ordinance, No. 60 of the City of Livonia, does hereby establish and order that a public hearing be held to determine whether or not to rezone the following described parcel of land: Part of the S 1/2 of Section 18, T. 1 S., R. 9 E., described as follows: Beginning on the south line of Section 18 at a point distant North 89° 45' 30" East 38.07 feet from the South 1/4 corner said point being the intersection of centerline of Five Mile Road and proposed Hix Road; thence along the center of proposed Hix Road, (60 feet wide) North 0° 14' 30" west 254.38 feet; thence on a curve to the right 130.02 feet, radius 547 feet, central angle 13° 43' 10"; thence North 13° 28' 40" East 160 feet; thence on a curve to the left 168.65 feet, radius 1191 feet, central angle 8° CO 47" to the intersection of proposed Center line of Hix Road and proposed c• rterline of Lancaster Avenue; thence westerly along the center of proposed Lancaster Avenue on a curve to the left approximately 154 feet; thence northerly on a line 150 febt more or less westerly of"the center line of proposed Hix Road to a point on the North and South line, said point being the northeast corner of the S.E. 1/4 of the S.W. 1/4 of Section 18; thence along the north and south 1/4 line and being 150 feet west of the centerline of proposed Hix Road, north CP 29' 58" West 658.92 feet; thence North 89° 411 41" East 880.02 feet; thence South 00 27' 11" East 1396.71 feet; thence South 89° 45' 30" West 300 feet; thence South CP-271 11" East 581 feet to the South line of Section 18; thence South 89° 45' 30" West 540.36 feet along the south line of Section 18 to the point of beginning. from RLA to RM. This property is located in the South 1/2 of Section 18 and is a portion of the proposed Blue Grass Farms Subdivision, and t 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. 4474 A roll call vote on the foregoing resolution resulted in the following: AYES: Heusted, Whitehead, Tent, Wrightman, Cameron, Ward, and Walker ILNAYS: None The Chairman, Mr. Walker, declared the Motion is carried and the foregoing resolution isadopted,..._. _.: .. .. .,. ...:.... .. _ .. ,_...r. Upon a motion duly made by Mr. Tent, seconded by *. Wrightman and unanimously adopted, the City Planning Comthission does hereby adjourn the 173rd Regular Meeting held on Tuesday, April 20, 1965 at approximately 9:20 p.m. Mr. Walker, Chairman, called the public hearing to order at approximately 9:40 p.m. with approximately 50 interested persons in the audience in addition to those present at the Regular Meeting. Mr. Ward announced the first item on the agenda is Petition Z-693 by the City Planning Commission to amend Section 8.02 (d) Zoning Ordinance No. 60 to provide for an increase of land requirement area for dog kennels from two acres to five acres and further provided that dog kennels may be operated so long as all facilities, buildings, kennels, and dog runs with respect to such use are situated at least 100 feet from ILadjoining property line. Mr. Heard, referred to Section 8.10, Zoning Ordinance No. 60 and that the prop. sed ordinance is inconsistent. Mr. Tatigian stated that the proposed ordi...tnce is specific and that Section 8.10 is general. The specific takes precident over the general. Also the proposed ordinance is the latest in time. Mr. James Jeffrey, 34201 Orangelawn, stated he is in favor of the amendment. Have two kennels in area, neither of which are licensed to operate. There were thirty people present in favor of amendment. Mr. George Burmeister, 31670 Seven Mile Road, stated city has ordinance and that in his opinion it is a matter of enforcement rather than a new ordinance. stated noise can be heard 100' from property line as well as 25' from property line. Referred to Ordinance in Canton Twp. regarding kennels that was adopted recently. Mr. Norman Johnson, 30315 Schoolcraft Road, asked what prompted five acre requirement. An answer was not given. Mr. Jeffrey stated when there is no regard for neighbor then the residents have a right to complain and this is what they have done. Mrs. James Jeffrey, 34201 Orangelawn, stated they have been attending meetings 1[10 and fighting this for some time. Mrs. Norman Johnson, 30315 Schoolcraft Road, questioned whether these people are in an RUF area. It was established that they are. • 4475 Mr. Fred Wells, 34170 Orangelawn, cited an example of just last week when a police dog barked for three hours in the early morning and it took the Livonia Police one hour to get resident up and to quiet dog. Mr. Clement Sigg, Shadyside Kennels, 29945 Six Mile Road, stated that the amount of footage from the lot line will not effect thesd. Saw no reason why the ordinance should be changed. It will hurt th - - kennel owner. The problem of these residents is an immediate problem situation and not one that ordinance should be changed. Mr. Walker, Chairman, announced that petition would be taken under advisement. Mr. Ward announced the next item on the agenda is an amendment to Part VIII of the Master Plan to determine whether or not-to amend the Master Library Plan so as to include additional property to the library site located at the Southwest corner of Plymouth and Loveland. Mr. Tatigian suggested description include portion of Roseland Avenue t Y.at extends 405' south from Plymouth Road. Mr. Walker asked Mr. Hull to refer this back to Mr. Strasser to see if it is proper and to also see if it is all right without further advertising if it does have to be changed. No one was present wishing to be heard either in favor of or opposed to petition as presented. Mr. Walker, Chairman, announced that this item would be taken under advisement. Mr. Ward announced the next item on the agenda is Petition Z'692 by the City Planning Commission to rezone property located on the Northwest corner of Schoolcraft and Hubbard Roads in the Southwest 1/4 of Section 22 from R1A and RUB to PS Mr. Richard Fields, 32536 Barkley, representing Kimberly Oaks Estates Subdivision, questioned ingress and egress to proposed area. Asked to be notified of all meetings pertaining to this item. Mr. Walker, Chairman, announced that this tiem would be taken under advisement. Mr. Ward announced the next item on the agenda is Petition M-341 by F. W. Bracy, Agent for Sun Oil Company, requesting a use permit to erect a gasoline service station on the easterly 150 feet of the southerly 120 feet of Ontlot A of Kingsbury Heights Subdivision located on the Northwest corner of Five Mile Road and Levan Road. Mr. Bracy was present. Mr. Hull informed commission that several weeks ago a lot split was proposed by the developers of the shopping center and it wa`s denied by the City Council. The shopping center developers were attempting to take the corner and separate (); it from the rest of the parcel for gas station purposes. This land has not been divided. Did not know how they would handle situation if request is approved. Stated parcel is 1,000' x 400' and is presently zoned C-2. 4476 Mr. Bracy stated that the West Park Plaza is being built by Food Fair and did not know anything about lot split. Stated he would check into this. Mr. Walker, Chairman, announced that item would be taken under advisement. Mr. Ward announced the next item on the agenda is Petition-TA-110 by Harry as Liggett President of K & L Development Company, requesting to remove topsoil and sand from 107 acres of land located on the South side of Six Mile Road approximately 1650 feet east of Newburgh Road. the petitioner nor a representative was present. No one was present wishing to be heard either in favor of or opposed to petition as presented. Mr. Nagy established that there are a few trees along the property line but nothing very large. Mr. Walker, Chairman, announced that the item would be taken under advisement. Asked Mr. Hull to obtain information regarding ingress and egress and other information of interest to commission. Upon a !notion duly made by Mr• Weightman, seconded by Mr. Whitehead and unanimously adopted, it was #4-81-65 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, April 20, 1965 at approximately 10: 50 p.m. The Chairman, Mr. Walker, declared the motion is carried and the Public Hearing is adjourned. Upon a motion dulymade by Mr. Whitehead, seconded by Mr. Cameron and unanimously adopted, it was #4-82-65 RESOLVED that, the City Planning Commission does hereby open the 202nd Special Meeting at 10:50 p.m., April 20, 1965. The Chairman, Mr. Walker, declared the motion is carried and the Special Mebting is opened. Upon a motion duly made by Mr. Ward and seconded by Mr. Tent, it was #4-83-65 RESOLVED that, pursuant to a Public Hearing having been held on December 15, 1964, the City Planning Commission does hereby deny approval to the preliminary plat of the proposed Tiffany Park Subdivision, No. 3 located on the east side of Eckles Road, - I!) approximately 700 feet south of Five Mile Road and adjacent to the Castle Gardens Subdivision, No. 4 in the Northwest 1/4 of 4477 Section 19 for the folloiting reasons: ti, (1) Failure to conform with Section 9.09 of the Subdivision Rules and Regulations insofar as gul providing open space for recreation, and (2) Area for which this plat is proposed is highly congested and would merely add to this condit ion, -and (3) The plat as proposed does not provide for adequate recreational open space and would tend to encourage the congestion of population, and (4) The plat as proposed would tend to increase traffic congestion and the hazards attendant thereto, and (5) The plat does not provide adequate open spaces for I light .and ventilation as required by reason of the character of the district, and (6) The plat as proposed would set as a detriment to the conservation of property values and the general trend and character of the district as well as population development, and (7) The plat as proposed would tend to overcrowd land and cause detriment to the city's sewage disposal, water education, and recreation, and (.8) The plat as proposed, due to the peculiarity of the district in which it is located, would be injurious and detrimental to the surrounding neighborhood and if permitted would not be in the best interest of the public health, safety, and welfare, and 4; FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, Parks and Recreation Depar .went, and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Wrightman, Cameron, Heusted, Whitehead, and Ward NAYS: Walker Mr. Farber stated he felt that what commission is doing is undemdcratic and unAmerican. This commission has right-to plat city but is wrong to take an action to deny proposed plat when it complies with requirements. The statenents in proposed resolution are dishonest. It would be more honest to ask for dedication of park. Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Whitehead, seconded by Mr. Wrightman and ") unanimously adopted, it was #4-84-65 RESOLVED that, the City Council of the City of Livonia having requested the City Planning Commission to prepare and formulate 4478 • a new and comprehensive Zoning ordinance and map of the City of Livonia, pursuant to the provisions of Act 207 of the Public Acts of Michigan ,4' 1921, as amended; the City Planning Commission having thereafter prepared and formulated a new and comprehensive zoning ordinance and map pursuant to the aforesaid direction of the City Council and having thereafter adopted resolutions on December 15, 1964, November 26, 1963 and August 5, 1963 tentatively approving of the new proposed` comprehensive zoning ordinance and map for the City of Livonia for thepurpose of conducting public hearings thereon; the City Planning Commission having thereafter forwarded such tentatively approved new zoning ordinance and map to the City Council as its tentative report thereon and having set public hearings thereon for January 21, 1965 at 8:00 p.m., January 28, 1965 at 8:00 p.m., February 4, 1965 at 8:00 p.m., and February 11, 1965 at 8:00 p.m., as well as on December 17, 1963 and August 27, 1963 at 8:00 p.m., in the City Hall Building, 33001 Five Mile Road, Livonia, Michigan, and notice of such public hearings having been published in the official newspaper of the City of Livonia, The Livonian Observer, at least fifteen (15) days prior to such public hearings, and notice of such public hearings having been given by registered United States mail to each public utility company and` to each railroad company owning or operating any public utility or railroad within the City of Livonia; and the City Council by its resolution #648-64 adopted-on July 22, 1964 and #596-63 adopted on May 7, 1963 having approved of the holding of such public hearings; and said proposed new zoning ordinance and map havirg been filed in the office of the City Clerk of the City of Livonia on January 14, 1965, November 27, 1963 and August 7, 1963, and having been continuously maintained in such office until the time of each of the aforesaid public hearings respec tively; and the public and all other interested persons having been given full and reasonable opportunity to examine the said proposed comprehensive zoning ordinance and map during the entire period of time that the same was on file in the office of the City Clerk; and public hearings having been duly held on Jar. Ary 21, 1965, January 28, 1965, February 4, 1965, and February 11, 1965 as well as-on December 17, 1963 and August 27, 1963, after due and proper notice in the City Hall Building, 33001 Five Mile Road, Livonia, Michigan, and all persons having been given an opportunity to be heard on such proposed new zoning ordinance and map; and the City Planning Commission having care- fully considered all statements, comments and objections made and submitted prior to or during such public hearings, together with the advise of the Department of Law and the City Planner; and the City Planning-Commission having further carefully considered all the information submitted to it and of all the facts and circum- stances pertaining to such new proposed zoning ordinance and map; and it appearing that such proposed new zoning ordinance and map were duly prepared and submitted to such hearings and-that due and proper notice of such public hearings and all proceedings on such ordinance and map were in full accordance with the provisions of Act 207, Public Acts of Michigan, 1921, as amended; the said proposed zoning ordinance and map are hereby finally approved by the City Planning Commission, subject to the follcw ing changes therein: • • 4479 Page 3, Section 2.01 (1) Meanbi of Words and Phrases. The word "be" should be chanted to "haver+ in the second last line. Page 5, Section,2.02 Definitiono of General zoning Terms. The following definitions shad be added: (16) Waiver Use. Uses as enumerated under the zoning district that are permitted only upon recommendation of the Planning Comiission, and the approval of the Council. (17) Waiver Use Open Space Planneil,R�esidential Development. The varcation of residential zoning district requirements so as to achieve greater flexibility in the creation of open space and improved c-sign without increasing density. Page 12, Section 2.07 (c). The building size requirement for an additional bedroom should be (300) square feet as opposed to (150) square feet as now stipulated. Page 19, Section 2.10 Definitions of Miscellaneous Terms. The following definition should ' be added: (16) Sign. A name, identification, description, display or illustration which is affixed to, or painted or represented, directly or indirectly, upon a building structure or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. Papa 20, Section 3.02 Adoption of Zoning Map. Wording "President of the Council" should be deleted and wording "Mayor and City Clerk" should be re-inserted. Pate 39, Section 8.05 Establishment of Area, Bulk and Placement Regulations for Multiple Dwellings. (b)-Minimum Lot Area per Dwelling Unit: Lot area requirements should vary more directly with the bedroom composition of multiple family ''nits. We recommend, either of the following changes, preferabl,; the second: 2500 square feet of lot area for a one-bedroom unit, as opposed to the proposed 3000 square feet; 3500 square feet for a two-bedroom unit as opposed to the proposed 3000 square febt; 5000 square feet for a three-bedroom unit as opposed to-the proposed 4500 square feet, and 7200 square feet for a four-bedroom unit as opposed to the proposed 6000 O :are feet. 3000-square feet of lot area for a one-bedroom unit, as is now stipulated;; 3500 square feet for a two-bedroom unit as opposed to the proposed 3000 squ are feet; 5000 square feet for a three-bedroom unit as opposed to the proposed 4500 square feet, and 7200 square feet for a four-bedroom unit as opposed to the proposed 6000 square feet. 4480 t. Page )3, SectjPti 10.442 Permitted tises. (b) Department stores and discourt stores should be taken out of the permitted use section and added to the Waiver Use section as indicated on Page 46 and 47. page 62; Section 11.08 Frost Y 4s Comm_r al Buildings, ce tion. There may be some difference of opinion on front yar setback requiremen s within the C-1 and C-2 districts, however, we feel at this tithe We should not recommend changes until we have had adequate opportunity to prepare detailed studies in critical areas. The Zoning g Board or Appeals can legitimately grant variances where setbacks are unreasonable. Page F7, Section 14: . yses'Periitted• A sub-section (e) should be added to perm t general off{ces within this district. Pa 68 Sggction 15.02 pePe r rs eci• (b) The 8000 square fc.c.tl ould be ei3.minadi rage 69, Section"15.02 Uses Peni'iitted. An (e) category should eb added so as to permit warehouses.n an ML district. Page 99, Section 1808 Off-Street ,Parking Schedule. (2) Multiple dwellings or apartment houses. The following change should be made! Two (2) parking spaces for each one and two bedroom unit. J Three (3) parking spaces for each three bedroom unit. Four (4) parking spaces for each four bedroom unit. Page 10/4. 18.45 Protective Wall; Required: This section should be changed to correspond to the present protective wall ordinance as enumerated in Ordinance No. 481. Section 1.4. Zoning Map: Change from RLA to R3-A as opposed to RIA to R3 Section 9, Zoning Map: New change as indicated by petition Z-664 should be reflected in the new zoning map, and we should eliminate the devil strip between the area covered-by petition Z-664 and the existing C-2 zoning by rezoning it to C-i. Section 14, Zoning Map: Lots No. 134 through No. 147 (herr.i_ Five Mile Subdivision) should be 'stained in the RUF category as opposed to the proposed R-1 zoning category. Section 15, Zoning Map: The"northeast corner-of Lots No. 84, 85 and 86 of Woodcreek Farms should be rezoned to RLA. Section 16, Zoning Map: The filling station at the southwest corner of Six Mile and Farmington-Rd. should" remain-in the C-1 zoning category as opposed to rezone ing it-to C-2-to insure greater control by continuing in a legal non-conforming use dat ego ry. • 4481 Section 17, Zoning Map: Lot Q2a1b2 should reflect a recommended change of C-2 to PS rather than to R-6. Section 20, Zoning. Map: Planning Commission action on petition Z-670 which covers outlot C-and B of Madonna Estates Subdivision should be sustained. The zoning classification of the area north of Madonna Estates should be changed from R-2 to R2 B. Section 23, Zonins Map; -The area covered by Lyndon Meadows #4 in the area immeditely" south of Lyndon Avenue between Henry Ruff and Middlebelt should be rezoned from RUFB to SIA as opposed to RUFB to R-1-A. Section 28, Zoning, Map: The zoning category for the Alden Village Subdivision should be changed from R-2 to R-5 to reflect the wishes of the people of the area. Section 34, Zoning Map: The lots presently zoned R-3-B, Rose- dale Gardens Subdivision, south of 0rangelawn, should be rezoned from R-3-B to R-6 to reflect existing use. Lot #560, Rosedale Meadows Subdivision #2, should be rezoned from R-2 to PS to reflect its existing use. Section 35, Zoning Map: Lot 34, Bonaparte Gardens Subdivision, should be zoned C-1 so as to consolidate the zoning in this area. The set of symbols indicated on the-accompanying sheet should be incorporated on the zoning map to further clarify the existing use-of land. and the said proposed new comprehensive zoning ordinance and comprehensive zoning map are hereby finally approved as'above changed by the City Planning Commission and the said prcposed- comprehensive zoning ordinance and map are hereby ubmitted-to the City Council as the final report-of the City-Planning CommiCskk- in connection therewith, with the recommendation of the Commission that such ordinance and map, as above approved, be adopted by-the City Council after a public hearing by the City Council thereon as provided and required by the provisions of Act 207 of the Public Acts of Michigan of 1921, as amended. The chairman, Mr. Walker, declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Wrightman, seconded by-Mr. Tent and unanimously adopted, the City Planning Commission does hereby adjourn the 202nd Special Meeting held on Tuesday, April 20, 1965 at approximately 11:15 p.m. CITY PLANNING CCMMI1ION SS W A J. J. War Secretary pro tem Wal-ht) Charles W. Walker, Chairman