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HomeMy WebLinkAboutPLANNING MINUTES 1966-12-06 4994 MINUTES CF 228TH SPECIAL MEETING AND PUBLIC HEARING CF THE CITY PLANNING CCHM SSION CF THE CITY CF LIVCNIA On Tuesday, December 6, 1966 the City Planning Commission of the City of Livonia held its 228th Special Meeting and a public hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr, Raymond W, Tent, Vice Chairman, called the public hearing to order at 9:10 p,m, with approximately 30 interested persons in the audience. Members Present: Harry Wrightman Marvin Moser Raymond W. Tent Donald Pollock Mrs. Myra Chandler Mrs. Mimi Singer Members Absent: Charles W. Walker John J. Ward Donald Heusted Messrs. Don Hull, Planning Director; JohnJ, Nagy, Assistant Planning Director; David Perry, Assistant City Attorney; and Daniel Andrew, Industrial Coordinator, were also present Mr. Tent announced that the first item on the ageeda is Petition 66-10-1-31 by R.P.M. Investment Company requesting to rezone property located on the southeast corner of Loveland and Plymouth Road in the Northwest 1/4 of Section 34 from R-1 to P.S. to use existing building for profession- al services. Mr. Tent asked if the petitioner or a representative was present in the audience, who could give the background on this petition. Mr. Russell Meyers, petitioner, was present and advised the Commission that he is requesting change of zoning from residential to P.S. which is what most of the property is along Plymouth Road, further advising the zoning of the surrounding neighborhood, i.e, commercial; industrial across the street; the new library next to it, etc. Mr, Tent asked what the petitioner intended to use this for. Mr. Meyers stated that he had no clients or tenants at the present time, it was his intention to lease to professional people such as a doctor or dentist. Mr. Tent stated that this petition was then speculative, Mr, Meyers answered, yea, that he would need the zoning before he could rent, 4 995 Mrs. Singer asked if there is a building on the property and is it occupied. Mr, Mayers answered,yes, Mr, Wrightman asked if the owners are the ones who are leasing the house. Mr. Meyers advised that he is the owner and that he is leasing it on a month to month basis, Mr, Wrightman asked if petitioner felt that the lot size is adequate to be used for professional service. Mr. Meyers answered, yes, Mr, Wrightman asked if petitioner could comply, with parking regulations, Petitioner replied, yes. Mr, Wrightman felt that usually P.S. land use is applied to greater pieces of land. - Mr, Meyers stated that the building is about 1000 square feet and the land is approximately 8000 square feet, Mr. Tent asked if petitioner had checked into any of the land presently ned P.S. which is available throughout the City. Mr, Meyers answered, no, inasmuch as he owns this property along with others in the area and feels that this zoning would improve the property. Mrs, Singer asked if there were residential homes on lots 1552, 1553, etc. Mr, Meyers stated there are, adding that he owns lots 1629 through 1638 south of the property in question, on which there are also residential homes. Mr. Tent asked petitioner how soon he would build if this petition is granted. Mr, Meyers stated as soon as they get a tenant, Mr. Tent asked if the present building would be used, Mr. Meyers replied, yes. Mr. Tent asked if anyone in the audience wished to be heard on this matter, Mr, Charles Allen, 32015 West Chicago, Livonia, past president of the Civic Association, stated that these lots are restricted by deed to residential use, 4996 Mr, Meyers stated that the developer stated that he will not stand in the way of this petition. Mr. Allen insisted that the deed restrictions run with the land and the lots must be used for homes, Mr, Meyers stated he is nottamiliar with the deed restrictions, Mr. Tent asked if the deed restrictiora had been checked out, Mr. Perry stated that they would have to check this on the original plat; the County would enforce it, not the. City, He stated that the petitioner should investigate this before wasting any time and money, Mr. Tent stated that this would be taken under advisement. Mr, Tent announced that the next item on the agenda is Petition 66-11-1-32 by Livio Ottino and Frances E. Ottino requesting to rezone property located on the west side of Farmington Road approximately 525 feet north of Seven Mile Road from RIFA to R-7 in the east 1/2 of Section 4, for erection of multiple dwellings. Mr, Livio Ottino, petitioner, was present and spoke to the audience and Cogimission, explaining their intention to construct 15 to 18 unit multiple dwellings. He stated that a map had been presented to the Commission of their intentions, Mr. Tent asked petitioner if he was asking for the rezoning to sell to a developer. Mr. Ottino replied, yes; it would be sold immediately and the builder would proceed with the construction. Mr, Tent asked who would be building, Mr, Ottino replied, Mike Zangary, who is also the person buying the land, Mr. Tent asked if the purchaser has had any experience along this line, Mr. Ottino stated that he owns a cement business and has been managing an apartment for fifteen years, Mr, Tent asked what makes them feel they can be successful and what will they offer that is different, Mr. Ottino stated he could not answer that question, He said they are planning to build 2&3 room apartments. -, 4997 ( Mr. Wrightman asked what quality apartments would they be. Mr. Ottino stated that they would rent for $100 to $115 per month. Mr. Wrightman felt that Mr. Ottino could not speak with authority on the apartment intended to be built. The Commission had a general discussion regarding the economics, etc. Mr. Tent asked petitioner if he felt this type of development is good for the City. Mr. Ottino stated that the development could be altered if requested by the Commission, -Ir. Tent advised the petitioner that he only had li acres of land and to put up the quality required might be too expensive to construct. Mr. Moser asked if there is a house on the property. Mr. Ottino replied, yes; there is a garage and a building in which he lives and which will be torn down, I Mr. Moser asked if this would be a two-story apartment,. Mr. Ottino stated that the apartment will be two-story, with partial basement. The petitioner was asked where the Commission might view another development of this nature. Mr. Ottino stated he did not know. Mr. Wrightman asked if petitioner knew of an apartment the proposed builders have built which the Commission could look over. Mr. Ottino advised that they do most of their work in Ann Arbor but was unable to tell the Commission just where. Mr , Johnson, 19191 Westmore, objected to the petition stating that it would downgrade the neighborhood and the traffic which would result would be hazardous. Mrs. Chandler stated that she felt the petitioner had come up with a request with a lack of knowledge to enable him to answer pertinent questions. Mr. Richard Norman, 18932 Norwich, stated that in studying zoning plans for the northwest section of the city he realizes that this does not fit in with the plans and feels his association will object, suggesting therefore irli that the entire area be studied before action is taken on this petition. 4998 Mr. Johnson stated that he had spent $16,000 to come here from Detroit and after settling down would not like to see this multiple dwelling constructFa in the neighborhood. Mr. Tent, concurring with Mrs. Chandler, stated that Mr. Ottino should come to the Commission on such a request with much more knowledge than he has at this meeting. Mr. Tent stated that this matter would be taken under advisement. Mr. Tent announced that the next item on the agenda is Petition 66-9-6-12 by the City Planning Commission pursuant to Council Resolution No. 923-66 to determine whether or not to amend Section 19.08 of Article XIX of Ordinance No. 543 relative to Council action on Waiver Uses Mr. Hull stated that the ordinance now specifically states the conditions under which the Commission and Council may grant waiver uses; they can only grant what is concretely set forth in the zoning ordinance; the proposed amendment interjects changes into the ordinance that would allow the Council to grant waiver uses that do not conform with the strict intent of the ordinance as set forth at the present time; i.e. a petitioner may request a cocktail lounge which should be 1000 feet away from the nearest cocktail lounge and if it is less than the 1000 foot requirement and Cou feels it is "okay" and fits into the overall plan they could grant the • waiver use if it conformed to the spirit of the ordinance requirements. Mr. Tent, after a brief discussion, stated that petitioners could then come in to the Commission with the idea that the requirements of the ordinance could be "bent". Mr. Hull stated that the Commission is duty bound to conduct the public hearing but they do not have to agree. Mrs. Chandler asked if they do not agree with this will they be over-ridde~? Mr, Perry advised the Commission that the proposed ordinance amendment leaves no flexibility in the Commission, that they are bound to the origInnl ordinance; that the Council would be the only body to have flexibility„ Prior to this petitioners could go to a Zoning Board of Appeals for a variance, if this is passed there are some instances of real hardship which could be waived by Council. Mr. Tent stated that the petitioners in such a case could come before the Commission knowing that they cannot be approved, but feeling that they might be approved by the Council. 4999 Mr. Donald Rigo, 17371 Bell Creek Lane, Livonia asked if this in any way precludes a public hearing should a petitioner go to council to have them pass on a matter without Commission approval. The Commission. replied, no. Mr. Hull stated that in a case such as a gas station, the Commission cannot give approval unless people within 400 feet Sign off; in that case they could reject it or give approval; however, Council could grant it even though that specific requirement of the ordinance has not been met. Mr. Perry stated that Council would have a public hearing. Mr. Hull stated that the Council conducts hearings on waiver uses, adding that they can, however, grant waiver uses without conducting public hearings but cannot now grant waiver uses which do not comply with the specific requirements attached to the waiver uses. The public hearings held by Council are usually on waiver uses which receive negative recommendations from the Commission. Mr. Taut stated that this matter would be taken under advisement. Mr. Tent announced that the next item on the agenda is Petition 66-11-2-20 by Marathon Oil Company, requesting to be granted a waiver use permit to construct a service statim on a portion of property ' located on the northwest corner of Seven Mile Road and Newburgh, in Section 6. Mr. Robert Abraham, attorney for Marathon Oil Company, spoke to the Commission regarding the size of the property (170' frontage on Seven Mile Road, 152' on Newburgh), the proposed colonial building to blend in with the surrounding area, etc. Mr. Mike Bowers, an engineer, was also present to answer any questions; The question was raised of whether residential property owners within 400' of the property in question bad given consent in writing to the petitioners. This was not done. Mr. Tent brought up the fact that there are several Marathon stations which are vacant. The Commission had a general discussion with the petitioner regarding vacant stations, zoning requirements, etc. during which conversation Mr. Abraham advised the Commission that the present station was to be a super-station. 5000 Mr. Tent raised the question also of the stations conducting businesses other than that of a gas station, in violation of the zoning ordinance - which is being done by one of their stations. Mr. Abraham stated that the City should contact them with complaints of this nature, that they thought the City was protected against this by its zoning ordinance. Mrs. Singer asked if the petition is granted when they would build. Mr. Abraham replied, next year. Mr. Hull brought up the fact that this development comprises only a portion of the ownership and asked what is intended with the remainder of the parcel. Mr. Abraham stated that they had no present plans for the balance but that this was the usual practice. Mr. Wrightman expressed concern over the vacant land, stating that he did not like the idea of the Commission not knowing what it would be used for, that they should know what they are approving. He cited as an example the gas station which was constructed at Seven Mile and Farmington about 5 to 10 years ago, stating that this was a choice piece of land which has been empty for quite a while and this is the type of situation they are concerned about. Mr. Abraham stated that the development of such land would be under the jurisdiction of the Commission. Mr. Tent asked if petitioner had an option on the land and if it was tentative on approval of this petition. Mr. Abraham answered, yes; the option is conditioned at their ability to obtain building permits. Mr. Wrightman asked petitioner how soon the project would be completed if the petition is approved. Mr. Abraham stated in the Spring of 1967 they would commence construction, adding that the Commission could condition the approval so that it would be constructed as aforesaid. Mr. Stanley Smith, 37500 Seven Mile Road, stated he cannot see why a ' station should be constructed there for the reason already brought up, there are enough vacant stations in the City. (6; Mr. Joseph Phillips, 19255 Bethany, objected for the same reason. 5001 } A general discussion was had and it was found that the audience did not object to a gas station being erected on the corner but they did not want one which would only be open part of the time. Mr. Pollock asked petitioner if he would like to return before the Commission makes its decision on this matter with the answers to the problems which were raised at the meeting. Mr. Allen speaking as agent for a property owner, stated that there is only one station on the north side of the street in Livonia and that is at Farmington Road - it is so small you cannot turn into it - and added that a gas station of some kind is needed in that area. Mr. Tent asked what good is a station if it is not open - that is the present concern - the Commission wants to make sure that what goes in will stay open. He offered to show petitioner a market survey from Mr. Driker, Planning Consultant. Mr. Tent stated that this matter would be taken under advisement. Mr. Tent announced that the next item on the agenda is Petition 66-11-2-21 by Charles R. Walker requesting to be granted a waiver use permit to construct an insurance office on Lot 5 of Brightmoor Home Acres Subdivision located on the east side of Farmington Road approximately 70 feet north of Roycroft in Section 15, Mr. Jack Leh, 19830 James Couzens, Detroit, was present and explained that the purpose of the waiver use is to construct an insurance office for which they have a tenant, the building is roughly 1570' and the lot is approximately 8500' ; the tenant is All-State Insurance Company. Mr. Wrightman asked how soon the building would be constructed if approved, Mr. Walker stated it would be built immediately. Mr. Tent asked if he would build exactly the type of building shown to the Commission and was advised the building would meet All State Insurance Co. specifications and City requirements. Mr. Pollock asked if it would be similar to their office at West Chicago and Telegraph. Mr, Walker stated it would be similar to the office at West Road in the City of Trenton across the Trenton Highway, and went on to describe the appearance of the building. Mr. Tent asked how many employees they would have. 5 002 Mr. Walker stated they would be starting out with 6 with space for 15 cars; and eventially there would be 13 employees. Mr. Tent asked if this is large enough for such an expansion program. Mr. Walker replied, yes. Mr. Hull advised that they meet the requirements of the ordinate. Mr. Walker advised the Commission this would be a branch sales office. Mrs. Singer asked who would maintain the green area. Mr. Walker stated that they would maintain same. Mr. Hull stated that if the Commission is in agreement with the petition they could grant approval conditionally on the plans before them at this meeting and if any variations occur by the time the building permit is applied for, they would have to come back for another approval. Mr. Wrightman asked if any road dedications were necessary. Mr. Hull stated that they would need dedication across the front of the property and the City Engineer is negotiating with the County Highway Commission in this regard. 11:I Mr. Walker stated they are going to dedicate 7 feet and that this is already considered in the site plan. Mr. Hull stated that it should be dedicated. Mr. Pollock asked if thisshould be done prior to approval. Mr. Hull stated that this is up to the Commission. Mr. Tent asked if petitioner would be willingto dedicate this and was advised that the County deal has been closed for several months. Mr. Tent stated that if the right-of-way has not been dedicated they could approve the petition subject to the aforesaid dedication. Mr, Tent farther stated there was nothing in the file from'the Police ' Department, Engineering Department, etc. regarding ingress, egress, etc. and was advised by Mr. Hull that the Engineering Division has had this site plan before them from the beginning. Mr. Fred Wilson, owner of Lot #6 asked, regarding the ultimate plan to have 13 employees, will they lease out the space meanwhile and was advised by Mr. Walker that there would be no sub-leasing. 5003 Mr. Kemp, 15531 Westmore, stated he was interested in the size of the building, plot, landscaping, and fencing in back part of the property inasmuch as he owns the property to the rear. He stated he has no objection to the planned occupancy, provided there is no change in the future; and would like something to divide his property from petitioner's. Mr. Walker stated that the ordinance takes care of this. Mr. Tent advised Mr. Kemp that it is a requirement that a masonry wall be erected. Mr. Tent stated that this matter would be taken under advisement.. Mr. Tent announced that the next item on the agenda is the Preliminary Plat approval of Westland Industrial Subdivision located in the South- west 1/4 of Section 27. Mr. Murray Nadler of Dale Investment was present and explained that they ow:_ property contiguous to this acreage and explained what is proposed here. Mr. Tent referred to a letter in the file from Lt. Thorne regarding the roadway which is 32' wide. I Mr. Hull stated that this subdivision must at least meet the minimum requirement of the Plat Ordinance, No. 500, which stipulates development standards. The Commission had a general discussion regarding the roadway, easement, sidewalk treatment, etc. Mr. Hull stated that the sidewalk treatment bad not been discussed but at times this requirement is waived in industrial subdivisions. Mr. Tent asked what is the feeling of sidewalks; if it is a requirement what would this petitioner do Mr. Nadler stated that he agrees with Mr. Hull's comment that as a rule they are not used in industrial subdivisions, it is a great expense and does not add to the beauty of the subdivision. Mr. Wrightman asked what mailcarriers would do Mr. Nadler stated they would go right up the road but stated that most industrial firms go to the post office for their mail. Mr. Tent referred to a letter in the file from the Fire Department regarding recommendations of fire hydrants, water main, etc. Mr, Hull stated that this information should be transmitted to the Council not the Planning Commission at this time, 5004 Mr, Tent asked Mr. Andrew if he had any comments. Mr. Andrew felt this subdivision met with his approval. Mr. Tent stated that this matter would be taken under advisement. On motion duly made by Mr. Wrightman, seconded by Mr, Moser, the following resolution was unanimously adopted: #12-178-66 RESOLVED that the City Planning Commission does hereby adjourn the public hearing held on Tuesday, December 6, 1966 at approximately 10:45 p.m. Mr. Tent, Vice Chairman, called the 228th Special Meeting to order at approximately 11:00 p.m. with approximately 10 interested persons in the audience. Mr. Tent announced that the first item on the agenda is Petition 66-10-1-31 by R.P.M. Investment Company requesting to rezone property located on the southeast corner of Loveland and Plymouth Road in the northwest 1/4 of Section 34 from R-1 to P.S. to use 1 existing building for professional service. Mr. Moser asked if petitioner should be given a chance to check the restrictions on this property. After a short discussion, Mr. Wrightman stated that this was still strip zoning. On motion by Mr. Pollock, seconded by Mr. Wrightman, the following resolution was unanimously adopted: #12-179-66 RESOLVED that, pursuant to a public hearing having been held on December 6, 1966 on Petition 66-10-1-31 as submitted by R.P.M. Investment Co. requesting to rezone property located on the east side of Loveland Avenue between Plymouth and Orangelawn, Lot 1639 of Rosedale Gardens No. 9in the Northwest 1/4 of Section 34, from R-1 to P.S., the City Planning Commission does hereby recommend to the City Council that Petition 66-10-1-31 be denied for the following reasons: (1) this is an encroachment into an existing residential neighborhood and the stability of this neighborhood could be effected; (2) this constitutes strip development along a mile road which would tend to increase the points of vehicular ingress and egress and adversely effect the movement of transient traffic; 5005 (3) the site is small and it is questionable as to whether adequate site development could take place to provide for off-street parking and landscaping around the building; FURTHER RESOLVED, that notice of the above public hearing was published it the official newspaper, the Livonian Observer and City Post, under date of November 16, 1966, and notice of such hearing was sent to the Detroit Edison Company, the Chesapeake and Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company, petitioner, and City Departments as listed in the Proof of Service. Mr. Tent advised that the motion was carried and the resolution adopted. Mr. Tent announced that the next item on the agenda is Petition 66-11-1-32 by Livio Ottino and Frances E. Ottino requesting to rezone property located on the west side of Farmington Road approx- imately 525 feet north of Seven Mile Road from RUFA to R-7, in the east 1/2 of Section 4 for erection of multiple dwellings. On motion by Mr. Wrightman, seconded by Mr. Moser, the following resolution was unanimously adopted: #12-180-66 RESOLVED that, pursuant to a public hearing having been held on December 6, 1966 on Petition 66-11-1-32 as submitted by Frances and Livio Ottino requesting to rezone property located on the west side of Farmington Road approximately 525 feet north of Seven Mile Road in the Southeast 1/4 of Section 4 from R-U-F A to R-7, the City Planning Commission does hereby recommend to the City Council that Petition 66-11-1-32 be denied for the following reasons: (1) it is in conflict with the overall development study of of the northwest sector of the City; (2) it is completely surrounded by land that will ultimately be used for commercial purposes, thus decreasing the desirability of this site for residential use; (3) the site is too small to accommodate calibre multi- family development; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonian ' Observer and City Post, under date of November 16, 1966, and notice of such hearing was sent to the Detroit Edison Company, the Chesapeake and Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company, petitioners, and City Departments as listed in the Proof of Service. 5006 I Mr. Tent stated that the motion was carried and the resolution adopted. Mr. Tent announced that the next item on the agenda is Petition 66-9-6-12 by the City Planning Commission, pursuant to Council Resolution No. 923-66 requesting to amend Section 19.08 of Article XIX of Ordinance No. 543 relative to Council action on Waiver Uses. On motion by Mr. Moser, seconded by Mrs. Chandler, the following resolution was unanimously adopted: #12-181-66 RESOLVED that, pursuant to a public hearing having been held on December 6, 1966 on Petition 66-9-6-12 as submitted by the City Planning Commission pursuant to Council Resolution 923-66 to determine whether or not to amend Section 19.08 of Article XIX of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the City Planning Commission does hereby recommend that Petition 66-9-6-12 be denied for the following reasons: (1) the existing requirements set forth in the waiver use section of the Ordinance are reasonable and are in the best interests of the City; (2) this would constitute a slow eroding of the effective- ness of the Zoning Ordinance as originally adopted; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonian Observer and City Post, under date of November 16, 1966, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake and Ohio Railway Company, Michigan Bell Telephone Company and Consumers Power Company, and City Departments as listed in the Proof of Service, Mr. Tent advised that the motion was carried and the resolution adopted. Mr. Tent announced that the next item on the agenda isPetit ion 66-11-2-20 by Marathon Oil Company requesting to be granted a waiver use permit to construct a service station, at a portion of property located on the northwest corner of Seven Mile Road and Newburgh, in Section 6, Mr. Tent stated thatthis matter would be taken under advisement. 5007 Mr, Tent announced that the next item on the agenda is Petition 66-11-2-21 by Charles R. Walker requesting to be granted a waiver use permit to construct an insurance office on Lot 5 of Brightmoor Home Acres Subdivision located on the east side of Farmington Road approximately 70 feet north of Roycroft in Section 15. Mr. Wrightman suggested that if approval is given it he subject to architectural desigtand site plan approval as submitted at this meeting, Mr. Hull stated that the petitioner could go to the Building Department and get a permit; if, however, the plans are different from those approved he would not receive the permit. Mr. Wrightman stated he was concerned about the dedication of land. Mr. Hull suggested that this be added into the resolution. On motion by Mr. Wrightman, seconded by Mrs. Singer, the following resolution was unanimously adopted: #12-182-66 RESOLVED that, pursuant to a public hearing having been held on December 6, 1966 on Petition 66-11-2-21 as submitted by Charles R. Walker, requesting to be granted a waiver use permit to construct an insurance office on Lot 5 of Brightmoor Home Acres Subdivision located on the east side of Farmington Road approximately 70 feet north of Roycroft in Section 15, the City Planning Commission does hereby recommend to the City Council that Petition 66-11-2-21 be approved sibject to the following conditions: (1) architectural approval based on the plans approved by City Planning Commission at its meeting held December 6, 1966; (2) provision be made for road right-of-way; for the following reasons: (1) the land is properly zoned to accommodate the use; (2) the intended use will not conflict with the adjacent development; • FURTHER RESOLVED, the notice of the above public hearing Fid was sent to property owners within 500 feet, petitioner and City Departments, as listed in the Proof of Service. Mr. Tent declared the motion carried and the resolution adopted. 04, 5008 Mr. Tent announced that the net item on the agenda is the preliminary plat approval for Westland Industrial Subdivision located on the north side of Plymouth Road east of Farmington Road in the Southwest 1/1: of Section 29. On motion by Mr. Wrightman, seconded by Mr. Moser, the following resolution was unanimously adopted: #12-183-66 RESOLVED that, pursuant to a public hearing having been held on December 6, 1966, the City Planning Commission does hereby recommend to the City Council that the preliminary plat of Westland Industrial Subdivision located on the north side of Plymouth Road east of Farmington Road in the Southwest 1/4 of Section 211, be approved for the following reasons: (1) it is of sufficient design calibre to justify Planning Commission approval; (2) it is a logical; physical plan that coincides with the overall development of the industrial belt; 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 have been sent to the Building Department, Superintendent of Schools, Fire Depart-lent, Police Department and Parks and Recreation Department. Mr. Tent declared the motion carried and the resolution adopted. Mr. Tent announced that the next item on the agenda is Petition 66-11-8-3 by Murray Jo Nadler, Dale Investment Co., Inc. requesting permission to use certain property located between the Industrial Road and the C & 0 Railroad, east of Farmington Road, for the purpose of setting up a cement and crushing plant, Mr. Hull advised the Commission that petitioner stated he had not been advised that this matter would be on this agenda and requested that it be adjourned temporarily. Mrs. Chandler stated that she wished to go on record objecting to this adjournment. Mr. Wrightman stated that inasmuc':: as no one is present at the meeting i and this matter has been checked into, his personal feelings are that this petition be denied. 5009 Mr. Moser stated that petitioner was not here because he was not notified. Mr. Andrew stated that the petitioner should be given a chance to be heard, stating that the petitioner is only leasing the property and has no technical knowledge of the operation. Mr. Tent stated that he agreed with Mrs. Chandler that someone should be present to answer questions, that no one was at the public hearing either, and objected to the adjournment. After a short discussion, Mr. Tent declared that this matter would be taken under advisement. Mr. Tent announced that the next item on the agenda is Petition 66-9-1-25 by William N. Ponder for Felix S. Kubik requesting to rezone property located at the Northwest corner of Seven Mile Road and Sunset in Section 2 from R-3-A to P.S, Mr. Ponder was present, representing the petitioner, Mr. Tent asked Mr. Ponder if he had seen the three schemes showing how this property • could be handled. Mr. Ponder stated that he had studied these but would prefer to have the petition stand as is. On motion by Mr. Wrightman, seconded by Mrs. Singer, the following resolution was unanimously adopted: #12-184-66 RESOLVED that, pursuant to a public hearing having been held on November 1, 1966 on Petition66-9-1-25 as submitted by William N. Ponder for Felix S. Kubik requesting to rezone property located at the northwest corner of Seven Mile Road and Sunset in Section 2 from R-3-A to P.S., tte City Planning Commission does hereby recommend to the City Council that Petition 66-9-1-25 be denied for the following reasons: (1) the highest and best use for this particular piece of land is for single family residences; (2) the addition of a large quantity of P,S,zoning in this area would tend to cause development of additional professional and commercial use in an area where it does not belong; 5010 (3) this is in conflict with the overall Master Plan of the City; (4) it is in conflict with the Planning Commission's Commercial and Professional Study; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the LMonian Observer and City Post, under date of October 12, 1966, and notice of such hearing was sent to the Detroit Edison Company, the Chesapeake and Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company, petitioner, and City Departments as listed in the Proof of Service; Mr. Tent declared the motion carried and the resolution adopted; Mr. Tent stated that the next item on the agenda is Petition 66-7-1-21 by Gordon-Begin requesting to rezone property located east of Middlebelt Road and south of Meadowlark Street in Section 24 from R-1-A to R-7 for multiple dwellings; Mr. Ponder was present, representing the petitioners. Mr. Pollock made a motion that this petition be denied, which was seconded by Mr. Wrightman. Mr. Tent asked if petitioners had met with the residents as discussed at the last study session. Mr. Ponder replied, yes. Mr. Dick Forster, 29241 Meadowlark, advised the Commission that the Directors of the Compton Village Civic Association had asked him to indicate to the Commission that they are against the rezoning to R-7. Mrs. Chandler asked if this is a part of petitioner's present operation. Mr. Ponder stated that this is on Middlebelt, it does not face on S choolcraf t, Mrs. Singer stated that she feels that this land, along with the entire area, should be considered for something, including the Wilson land. Mr.• Tent stated that the whole Commission is in agreement on this but the problem is the petition in question at the moment. Mr, Wrightman stated that many builders have developed and left outlots for future development and money-making ventures, adding that a just and good use has to be found for this area. It is a shame when only a part of the open spaces are used. z 5011 Mr. Ponder stated that denial of this petition just leaves the land' idle. He agreed that a meeting should be had with the Planning Department, Commission; the owners,residents, etc, to try to work out a plan to please the people, the City and the owners, Mr. Pollock stated that he made motion to deny and this is no different from anyone else who leaves outlots for future money-making ventures, adding that this is always a problem; people purchase homes in good faith and then the builder tries to change zoning to use the land for other purposes. He stated that the Commission would be deriolict in their duty if they failed to deny this petition. Mr. Tent asked if the owner could get together with the Planning Department to get some positive direction, petition for it, something might result. Mr. Wrightman stated that this should include Mr. Wilson. The representative of the Civic Association, Mr. Stanley Martin, 29147 Meadowlark, stated they would be glad to meet with the owner of the property if th y would discuss what they have in mind. On motion by Mr. Pollock, seconded by Mr. Wrightman, the following resolution was adopted: #12-185-66 RESOLVED that, pursuant to a public hearing having been held on November 15, 1966 on Petition 66-7-1-21 as submitted by Gordon Begin Company requesting to rezone property located east of Middlebelt Road and south of Meadowlark Street in Section 24 from R-1-A to R-7, the City Planning Commission does hereby recommend to the City Council that Petition 66-7-1-21 be denied for the following reasons: (1) there is already a great quantity of multi-family zoning in this sector of the City; (2) it could adversely effect the adjacent residential development; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Li'ronian Observer and City Post,under date of October 26, 1966 and notice of such hearing was sent to the Detroit Edison Company, the Chesapeake & Ohio Railway Company, Michigan Bgll Telephone Compauyt Consumers Power Company, petitioner, and City Departments as listed in the proof of service. 5012 A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Pollock, Singer, Tent, Wrightman NAYS : None ABSTAIN: Chandler Mr. Tent declared the motion carried and the resolution adopted. Mr. Tent announced that the next item on the agenda is Petition 66-9-1-29 by James E. Mies, attorney for Byron B. and Lillian M. Lewis requesting to rezone property located on the south side of Six Mile Road approximately 450 feet east of Oporto in Section 14 from RLFA to P.S. Mr. Mies was present for the petitioner. He was asked if he would be agreeable to only utilizing the front 300' or 1/2 of the existing land being petitioned at this time. Mr. Mies stated that this was to be developed into a dental and medical complex and would like to be in a position to develop it on that basis and this would require that the whole depth be utilized for that purpose. He stated that the petitioner needs a larger building and the purpose here is to build more than a building, a complex; adding that this parcel has the necessary depth as well as C-2 zoning adjacent thereto which is conducive to this sort of development. Mr. Hull felt that it was reasonable to grant some limited quantity of P.S. zoning but to allow so much of it towards Munger in relationship to residential property will complicate the development of all the land in the area and could virtually make it impossible to come up with a good overall plan for the area. Mr. Mies stated that the petitioner did not want to build the three buildings at this time; it is an economic fact of life that you have to know what you can do and what you cannot do. Mr. Tent raised the question of the fence which would be constructed as required by law. Mrs. Chandler asked how the Doctor could place a building and justify placement of that building with the future in mind unless he knows where he stands. Mr. Hullasked how they will know that the Doctor will build the buildings and felt that the Commission should be very careful in the amount of P.S. zoning they hand out. He felt that if petitioner is given the 600' depth the land to the west will also want to rezone, adding that he felt 300' would be adequate for the doctor's purposes. 5013 Mr. Tent suggested that this matter be tabled for further study. This was followed by a general discussion on the matter, the question of possibly approving conditioned upon the buildings being erected, which the Assistant City Attorney stated could not be done - you cannot condition change of zoning; the question of the wall was discussed at length. Mrs. Singer stated that there was no provision made for trees, etc, Mr. Mies stated that the open areas now shown for parking will have land- scaping. Mr. Tent stated that the Commission has no picture of the type of buildings proposed to be built. Mr. Mies stated he would bring one in. Mr. Hull stated that the Commission should realize that if they appro e such a petition they would have to grant others the same privilege. Be feels that this pencil-strip type of zoning in a residential neighborhood does not make sense. Mr. Tent suggested that this matter be studied further and have Dr. Zadeh attend the study session. a Mrs. Chandler made a motion that this petition be approved as submitted but received no support. This was taker under advisement, to be discussed at the next Planning Commission meeting with the possibility of a special meeting being called following the study session. Mr. Tent advised that the next item on the agenda is Petition 66-9-1-26 by the City Planning Commission to rezone parcel 33Tlal located north of Ann Arbor Trail approximately 800' west of Wayne Road in Section 33 from RUF to P.S. On motion by Mr. Pollock, seconded by Mr. Wrightman, the following resolution was unanimously adopted: #12-186-66 RESOLVED that, pursuant to a public hearing having been held on October 11, 1966 on Petition 66-9-1-26 initiated by the City Planning Commission on its own motion to rezone parcel 33Tlal located north of Ann Arbor Trail approximately 800' west of Wayne Road in Section 33 from RUF to P.S., the City Planning Commission does hereby recommend to the City Council that Petition 66-9-1-26 be approved for the following reasons: 5014 (1) this is a logical extension of the existing P.S. zoning in the area; (2) the additional P.S. zoning can be terminated by a logical, physical barrier at Oporto; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonian Observer and City Post, under date of September 21, 1966, and notice of such hearing was sent to the Detroit Edison Company, the Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company, petitioner and City Departments as listed in the Proof of Service. Mr. Tent declared the motion carried and the resolution adopted. Mr. Tent announced that the next item on the agenda is Petition 66-7-2-15 by David D. Phipps requesting to be granted a waiver use permit to build a convalescent home on parcel 33T1a2a2a located on the north side of Ann Arbor Trail approximately 570 feet west of Wayne Road in Section 33. On motion made by Mr. Moser, seconded by Mr. Wrightman, the following resolution was unanimously adopted: #12-187-66 RESOLVED that, pursuant to a public hearing having been held on August 9, 1966 on Petition 66-7-2-15 as submitted by David D. Phipps requesting to be granted a waiver use permit to build a convalescent home on parcel 33T1a2a2a located on the north side of Ann Arbor Trail approximately 570 feet west of Wayne Road in Section 33, the City Planning Commission does hereby recommend to the City Council that Petition 66-7-2-16 be approved subject to the following condition: (1) Planning Commission site plan and architectural approval; for the following reasons: (1) there is a need for this type of use in this sector of the City; (2) all the standards of the zoning district have been met; (3) this use will not adversely effect adjacent development; s 5015 tio FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Tent declared the motion carried and the resolution adopted. Mr. Tent stated that the next item on the agenda is a letter dated 11/10/66 from Frank A. Kerby, Chief Inspector, requesting a bond release in connection with Topsoil Application #65-9-5-1, Permit No, 103, located in the Southwest 1/4 of Section 29. (Plymouth-Levan Industrial Subdivision) On motion by Mr, Wrightman, seconded by Mr, Pollock, the following resolution was Unanimously adopted: #12-188-66 RESOLVED that, pursuant to the recommendations and report of the Bureau of Inspection dated November 10, 1966,the City Planning Commission does hereby authorize the release of the bond dated October 15, 1966 in the amount of $15,350.00 by Travelers Indemnity Company, Hartford, 'Connecticut, and Cash Bond #MR 27436 in the amount of $1,535.00, posted with the City in connection with topsoil removal operations performed under Permit No, 103 (Application #66-9-5-1) issued to George Cummins & Sons, 20945 W. Seven Mile Road , 'Detroit, Michigan and Ply-Van Corporation, 26711 Woodward, Huntington Woods, Michigan; further, it appearing from the above report that all ordinances, rules and regulations have been complied with the City Clerk and City Treasurer are hereby authorized to do all things necessary to the full performance of this resolution. Mr. Tent declared the motion carried and the resolution adopted. Mr. Tent stated that the next item on the agenda is a motion by the City Planning Commission, pursuant to Industrial Development Commission Resolution 147-10-66, to hold a public hearing to determine whether or not to amend the Master Thoroughfare Plan, Part I of the Master Plan of the City of Livonia, to provide for a road pattern in the North 1/2 of Sections 28 and 29 between Stark and Levan Roads. On motion by Mr. Pollock, seconded by Mr. Moser the following resolution was unanimously adopted: #12-189-66 RESOLVED that, pursuant to Section 23.01 of the City of Livonia Zoning Ordinance, No. 543, as amended, and the koi, 5016 request of the Industrial Development Commission by its resolution #147-10-66, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to amend the Master Thoroughfare Plan, Part I of the Master Plan of the City of Livonia, to provide for a road pattern in the North 1/2 of Sections28 and 29 between Stark and Levan Roads; IT IS FURTHER ORDERED that a hearing be held and notice be given as provided in Section 23.01 of the Zoning Ordinance of the City of Livonia, and that there shall be a report submitted and recommendation thereon to the City Council. Mr. Tent declared the motion carried and the resolution adopted. Mr. Tent announced that the next item on the agenda is a motion by the City Planning Commission to adopt a resolution' in support of the St, Mary Hospital expansion, On motion by Mr. Wrightman, seconded by Mr. Pollock, the following I resolution was unanimously adopted: #12-190-66 RESOLVED that, the City of Livonia Planning Commission does hereby go on record as indicating their support of St. Mary Hospital in expanding its facilities to 400 beds plus related facilities; further, the City of Livonia Planning Commission believes that the additional facilities are absolutely necessary to adequately service our ever increasing population of over 170,000 people plus its large non-residential work force will need this quantity of medical facilities. Mr. Tent declared the motion carried and the resolution adopted. Mr. Tent announced that the next item on the agenda is the motion by the City Planning Commission to hold a public hearing to determine whether or not to amend the Master School and Park Plan, Part V of the Master Plan of the City of Livonia, to include additional pork land in Section 9. On motion by Mr. Wrightman, seconded by Mr. Pollock, the following resolution was unanimously adopted: #12-191-66 RESOLVED, that pursuant to Sectiott 23.01 of the City of Livonia Zoning Ordinance, No. 543, as amended, the City 5017 Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to amend the Master School and Park Plan, Part V of the Master Plan of the City of Livonia, to include Wayne County Bureau of Taxation Parcel No. 09D12h, described as follows: The west 3/4 of the Southwest 1/4 of Section 9 except the south 1210 feet thereof; also except that part thereof described as beginning at the W. 1/4 corner of Section 9 and proceeding thence due south along the west section line 1435 feet; thence N. 89° 47' 45" E. 910 feet; thence N. 9° 53' 30" W 294.11 feet; thence N 10° 21' 40" E. 275.30 feet; thence N. 10° 17' 20" W. 171.99 feet ; thence N 25° 50' 32" W. 183.19 feet; thence N 2° 25' 50" E. 165.13 feet; thence N. 7° 15' 20" E. 166.25 feet; thence N 33° 31' 40" E. 195.27 feet; thence due north 43.0 feet; thence N. 89° 48' 10" W. along the E. and W. 1/4 Section line 915.0 feet to the point of beginning. (37.77 acres) IT IS FIRMER RESOLVED that, a hearing be held and notice be given as provided in Section 23.01 of the Zoning Ordinance of the City of Livonia, and that there shall be a report submitted and recommendation thereon to the City Council. Mr. Tent declared the motion carried and the resolution adopted. Mr. Tent declared that the next item on the agenda was the election of officers of the City Planning Commission. All ballots were received, opened and counted; the following officers having been re-elected to office: Chairman - - Charles W. Walker Vice Chairman - - Raymond W. Tent Secretary - - Harry H. Wrightman. Mr. Tent announced that the next item on the agenda was the approval of minutes for the meetings of May 31, June 14, July 12, August 7, September 6, September 27 and October 11, 1966. On motion by Mr. Wrightman, seconded by Mr. Pollock, the following resolution was unanimously adopted: #12-192-66 RESOLVED, that the City Planning Commission does hereby approve the minutes of the meetings held May 31, June 14, j 5018 July 12, August 7, September 6, September 27 and October 11, 1966. Mr, Tent declared the motion carried and the resolution adopted. On motion by Mr. Moser, seconded by Mr. Pollock, and unanimously adopted, the City Planning Commission adjourned its 228th Special Meeting held December 6, 1966 at approximately 12;20 a.m. CITY PLANNING COMMISSION Harry Wrghtman ecretary Attest: Raymo, . W. Tent, Vice hairman