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HomeMy WebLinkAboutPLANNING MINUTES 1967-05-23 5119 MINUTES OF THE 183rd REGULAR MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 23, 1967, the City Planning Commission of the City of Livonia, held its 183rd Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Charles W. Walker, Chairman, called the Public Hearing to order at approx- imately 8:50 p.m. with approximately 45 interested persons in the audience. Members present: Charles W. Walker Donald Pollock Raymond W. Tent Donald Heusted Harry Wrightman John J. Ward Marvin Moser Mimi Singer Members absent: Myra Chandler Messrs. Don Hull, Planning Director; Ralph H. Bakewell, Planner III; David Perry, Assistant City Attorney; Daniel Andrew, Industrial Development Coordinator, were present. Mr. Wrightman announced the first item on the agenda is Petition 67-4-1-14 by the City Planning Commission on its own motion to rezone property located partly on the north side of Five Mile Road between Levan and Newburgh Roads, and partly on the south side of Five Mile Road between Levan and Blue Skies. Mr. James Mies, Attorney, was present on behalf of Borman Food Stores who owns 1[4; property located on the northeast corner of Five Mile and Levan. Mr. Mies stated his objections to the rezoning of this property to C-1 because it is felt this action by the Planning Commission will have a discriminatory effect on the property involved and will substantially reduce the value of the property. Also, he stated it would amount to spot zoning. Mr. Mies stated that the ordinance requiring site plan approval of the Commission gives protection to the people in the area who object to C-2 zoning and is an effective means of controlling development in the area. Mr. Tent questioned why Mr. Mies' client did not cooperate with the Commission when they requested that the Borman Food Company to reduce the size of their development in this area. Mr. Bert Bergoyne, Attorney, representing Shell Oil Company, was present and stated that written objections had been filed with the Commission regarding the southwest corner of Newburgh and Five Mile Road. Mr. Bergoyne stated that rezoning of this corner would constitiute spot zoning since three of the four corners are already being used for C-2 business and would destroy the economic value of the property. He also stated that he feels it is inappropriate in view of the pending litigation to rezone this property. Mr. Wrightman questioned how long Shell Oil Company has owned this property and for what length of time they have had building permits. 5120 IL: Mr. Bergoyne stated they have owned the property for about five or six years and have had a permit for a little over four years. Mr. Wrightman stated that circumstances have changed during these years and because of conditions that exist in the area, such as road conditions and amounts of traffic, it is unfortunate that Shell Oil did not choose to develop their property at the same time as the others and when they had the opportunity, but another gas station at this location will pyramid troubles in the area. Mr. Bergoyne stated that the Shell Oil people have attempted to build here but their permit renewal was refused. Mr. Tent stated that the Planning Commission's action in rezoning this property has nothing to do with the pending court case; that the Shell Oil people have been sitting on their permit. Mr. Bergoyne stated that a motion has been made to advance the pending court case and once action has been resolved the Planning Commission may consider what . they chose to consider, but that it is inappropriate to rezone property .. that is currently the subject of a law suit, not because the suit is pending. Mr. Perry, City Attorney, stated that the Court denied the motion to advance this case because Shell Oil has sat four or five years without doing anything and that if the Court says it is improper it can be tested at the same time as the other case is tested. Mr. Leonard Farber, representing owners of the land at the southwest corner exclusive of Shell Oil's site, was present and stated his objection to this rezoning, stating that C-1 zoning will limit the number of uses to which they could put the land. Mr. Walker stated that this petition has been brought forth because the Planning Commission feels there is a necessity for re-evaluating this particular area. He stated that the City has not been able to keep pace with the develop- ment; that roads are not adequate and the Commission is now in a position where they have to do something about it, and since they are obligated to concerning themselves with the health, safety and welfare of the entire community they do not feel a high density commercial area is needed here. Richard Hoot, 36714 Roycroft, President of Kingsbury Heights Civic Association, and representing nine Civic Associations, stated his objections to C-2 zoning in this area. Robert Brown, 38979 Ross St. , President of Castle Gardens Civic Association, stated that he felt C-2 zoning is extensive enough in the area and is in favor of the change to C-1. John Gibbons, 37664 Kingsbury, President of Newburgh Heights Civic Association, stated that he favored C-1 zoning in this area. Mr. Walker stated the item will be taken under advisement. 5121 Mr. Wrightman announced the next item on the agenda is Petition 67-4-2-9 by Consumers Power Company requesting a waiver use permit to construct a gas distribution regulator station on the north 50' of Parcels J45 and J46, located on the west side of Newburgh Road between Seven Mile Road and Northland Road. Mr. C. Clements, representing Consumers Power Company, stated that the Company's ability to serve the area is being exceeded as Livonia is growing and that that they have been able to negotiate with Marathon regarding this petition. The building will have a gable roof with nothing protruding from it. Mr. Walker questioned if all the details had been worked out with Marathon Oil Company and if Consumers is willing to dedicate the 60' right-of-way to the City. Mr. Clements replied, yes, to both questiohns. Mr. Pollock questioned if this building is proposed to be the same quality construction as the other building. Mr. Clements replied, yes. Mr. J. Pardy, 19255 Bethany, stated his objections to this petition on the basis that there are odors from gas and a danger of explosion, and he feels also that it will have a negative effect on the value of his property. Mr. Donald Robinson, 37475 Northland stated his objection to the petition on the basis ,of its closeness to the existing homes. Mr. Walker questioned if it would be possible to move the building to the front so there would be more distance between it and the homes. Mr. Clements stated that he thought something could be worked out. Mr. Ward stated he is opposed to leaving the wide gap between the gas regulator station site and the gas station site. Mr. Walker stated this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-3-3-2 by Derin Construction, Inc. , requesting to vacate a 6' easement located on Lot 15 of Joy-Ann Subdivision in the Southeast 1/4 of Section 32. Mr. Walker referred to letters in the file recommending that this petition be denied because of the sanitary sewer within the easement. He stated 'that this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is the preliminary plat approval of Industrial Road Subdivision No. 1 located on the south side of Schoolcraft Road, approximately 780 feet west of Middl.ebelt Road in the North- east 1/4 of Section 26. Mr. William Barrie, representing the petitioner, was present and stated that he has checked with City departments in an attempt to come up with proper sized lots and that most are 120' in width. • 5122 Mr. Walker stated that a letter in file from the Police Department questioned Lot #18. Mr. Barrie stated that the other preliminary plat showed the Edison substation would be down further but the State Highway Department and Detroit Edison decided to move it into its present location. Mr. Hull stated that the original plan did not reflect the exact take lines for the freeway and this plan does. He stated he felt it is a good development and should be sanctioned. Mr. Walker stated this item will be taken under advisement. On a motion by Mr. Wrightman, seconded by Mr. Tent, and unanimously adopted, it was #5-76-67 RESOLVED that the City Planning Commission does hereby adjourn the public hearing held on Tuesday, May 23, 1967, at approximately 10:20 p.m. Mr. Walker, Chairman, called the 183rd Regular Meeting to order at approximately 10:40 p.m. with approximately 30 interested persons in the audience. Mr. Wrightman announced the first item on the agenda is Petition 67-4-1-14 by the City Planning Commission on its own motion to rezone property located partly on the north side of Five Mile Road between Levan and Newburgh Roads, and partly on the south side of Five Mile Road between Levan and Blue Skies from C-2 to C-1. Mr. Walker questioned Mr. Perry, City Attorney, if there would be any objection. to considering the entire five parcels under one resolution. Mr. Perry stated that he could see no objection. On a motion duly made by Mr. Tent and seconded by Mr. Wrightman, it was #5-77-67 RESOLVED that, pursuant to a public hearing having been held on May 23, 1967 on Petition 67-4-1-14 as submitted by the City Planning Commission on its own motion to rezone property located partly on the north side of Five Mile Road between Levan and Newburgh Roads, and partly on the south side of Five Mile Road between Levan and Blue Skies, from C-2 to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 67-4-1-14 be approved for the following reasons: (1) The intensity of use created by C-2 zoning would overload the existing roads within the area. The roads in this sector of the City are presently beyond capacity and cannot be logically expected to handle additional volumes of traffic. { 5123 1;11: (2) Large quantities of C-2 zoning essentially make provision for shopping facilities that are regional in nature. Influx of regional traffic into this area would cause a serious safety problem because the roads are inadequate to handle it and would also have an adverse effect upon the stability of the existing residential neighborhoods in the area. (3) The proximity of the hospital which is the destination for a large number of vehicles would be further restricted by the greatly increased volumes of transient traffic caused by C-2 zoning. (4) This sector of the City has numerous community facilities such as the hospital, churches and schools that would be adversely effected by large volumes of transient traffic that cannot properly be conveyed on the existing pavements within the area. (5) The City of Livonia does not have any solutions for the improvement of Five Mile, Levan or Newburgh within the foreseeable future. To date the City is unable to appropriate adequate funds for any improvement of these major thoroughfares. (6) The needs of the area are presently adequately serviced by the existing commercial facilities. There is no present need to expand commercial development at the intensity of use permitted under C-2 zoning to satisfy the needs of Livonia's residents in this sector of the City.. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonian Observer and City Post, under date of May 3, 1967, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company and Consumers Power Company, and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Walker, Pollock, Ward, Heusted, Singer, Tent, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next . item on the agenda is Petition 67-4-2-9 by Consumers Power Company requesting a waiver use permit to construct a gas distribution regulator station on the north 50' of Parcels J45 and J46, located on the west side of Newburgh Road between Seven Mile Road and Northland Road. Mr. Walker stated this item will be taken under advisement. 5124 Mr. Wrightman announced the next item on the agenda is Petition 67-3-3-2 by Derin Constuction, Inc. , requesting to vacate a 6' easement located on Lot 15 of Joy Ann Subdivision in the Southeast 1/4 of Section 32. On a motion duly made by Mr. Wrightman and seconded by Mr. Moser, it was #5-78-67 RESOLVED that, pursuant to a public hearing having been held on May 23, 1967, on Petition 67-3-3-2 as submitted by Derin Construction, Inc. , requesting to vacate a 6' easement located on Lot 15 of Joy-Ann Subdivision in the Southeast 1/4 of Section 32, the City Planning Commission does hereby recommend to the City Council that Petition 67-3-3-2 be denied for the following reasons: (1) There is a practical problem caused to the City by the construction that has taken place over the existing easement. (2) The City's position would be adversely effected by vacating this easement. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, The Livonian Observer and City Post under date of May 3, 1967, and notice of such hearing was sent to the Detroit Edison Company, the Chesapeake & Ohio Railway Company, City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Pollock, Ward, Heusted, Singer, Tent, Moser, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is the preliminary plat approval of Industrial Road Subdivision No.1 located on the south side of Schoolcraft Road, approximately 780 feet west of Middlebelt Road in the North- east 1/4 of Section 26. On a motion duly made by Mr. Ward and seconded by Mr. Tent, it was #5-79-67 RESOLVED that, pursuant to a public hearing having been held on May 23, 1967, the City Planning Commission does hereby recommend to the City Cotincil that the preliminary plat of Industrial Subdivision No. 1 located on the south side of Schoolcraft Road, approximately 780 feet west of Middlebelt Road in the Northeast 1/4 of Section 26, be approved for the following reasons: (1) It is of sufficient calibre to justify our approval. # (2) It is consistent with the development of the industrial corridor within our City. 5125 toFURTHER 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, Superin- tendent of Schools, Fire Department, Police Department and Parks and Recreation Department. A roll call vote on the foregoing resolution resulted in the following: AYES: Pollock, Ward, Huested, Singer, Tent, Moser, Walker, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is the final plat approval of Stark Gardens Subdivision located in the Southwest 1/4 of Section 21. On a motion duly made by Mr. Ward and seconded by Mr. Tent, it was: #5.80-67 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that the final plat of Stark enc Sub. division located in the Southwest 1/4 of Section 21, be approved for the following reasons: (1) It is consistent with the previously approved preliminary plat. (2) All the financial obligations of the City have been met. FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission under resolution #2-33-59 adopted on January 6, 1959; 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, Engineering Division, under date of May 6, 1965; and it further appearing that the financial assurances required in Council Resolution #497-65 adopted May 19, 1965 have been filed with the City Clerk as confirmed by a letter dated May 1, 1967 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 Department is hereby so notified. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Moser, Walker, Pollock, Ward, Heusted, Singer, Wrightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. 5126 Mr. Wrightman, announced the next item on the agenda is the preliminary plat approval for Tiffany Park Subdivision No. 4 located north of Schoolcraft and east of Haggerty Road in the west 1/2 of Section 19. Mr.. Walker, Chairman, announced this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-1-2-1 by Consumers Power Company requesting to be granted a waiver use permit to erect a gas distribution regulator station on property located at the southwest corner of Newburgh Road and Northland in Section 6. Mr. Walker, Chairman, stated this item will be taken under advisement. Mr. Wrightman announced 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 station on a portion of property located on the northwest corner of Seven Mile and Newburgh in Section 6. Mr. Walker, Chairman, stated this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 66-11-8-3 by Murray J. Nadler, Dale Investment Co. , Inc. , requesting permission to use certain property between the Industrial Road and the C & 0 Railway, east of Farmington Road, for the purpose of setting up a cement and crushing plant. }. On a motion duly made by Mr. Ward and seconded by Mr. Pollock, it was #5-81-67 RESOLVED that having reviewed in detail Petition 66-11-8-3 as submitted by Murray J. Nadler, Dale Investment Co. , Inc. , requesting permission to use certain property between the Industrial Road and the C & 0 Railway, east of Farmington Road, for the purpose of setting up a cement and crushing plant, the City Planning Commission does hereby grant Petition 66-11-8-3 for a period of one year for the following reasons: (1) It is only a temporary use. (2) Other regulations within the City control this type of operation to the degree that it will not have a negative effect on adjacent development. A roll call vote on the foregoing resolution resulted in the following: AYES: Pollock, Ward, Heusted, Singer, Tent, Moser, Walker, Wr ightman NAYS: None ABSENT: Chandler Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. r 5127 It was determined by the Planning Commission that final plat approval of Judson Gardens Subdivision No. 2; final plat approval of Judson Gardens No. 3, and final plat approval of Renwick Park Subdivision No. 2, will be taken under advisement. Mr. Wrightman announced the next item on the agenda is the approval of the minutes of the Planning Commission meeting held on March 7, 1967. On a motion duly made by Mr. Wrightman, seconded by Mr. Pollock, and unanimously adopted, it was #5-82-67 RESOLVED that, the minutes of the Planning Commission meeting held on March 7, 1967 are hereby approved. On a motion duly made by Mr. Ward, seconded by Mr. Wrightman, and unanimously adopted, it was #5-83-67 RESOLVED that the City Planning Commission does hereby request the Planning Staff to make a report and recommendation on the area adjacent to Stark Road, north of Frost Junior High School , for the purpose of determining the feasibility of establishing a quasi-public use for that area. On a motion duly made by Mr. Tent and seconded by Mr. Moser, it was #5-84-67 RESOLVED that the City Planning Commission does hereby determine to recommend that the following described property be added to the Master Park Plan: That part of the S. W. 1/4 of Section 6, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan described as beginning at a point on the E. line of Haggerty Road, 120 ft. wide, distant due south along the W. section line, 543.0 ft. and N. 89° 31 ' E. 60.0 ft. from the W. 1/4 corner of Section 6 and proceeding thence due north along said E. line 480.17 ft. ; thence along a tangent curve to the right, radius 20.0 ft. , a distance of 31.42 ft, and tangent to said curve, N. 89° 31' E. along the S. line of Phillips Road, 43 ft. wide, 851.58 ft. ; thence due south, 500.0 ft. ; thence S. 89° 31' W, 871.41 ft. to the point of beginning. (10 acres) A roll call vote on the foregoing resolution resulted in the following: AYES: Ward, Heusted, Tent, Moser, Walker, Wrightman NAYS: Singer, Pollock ABSENT: Chandler Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. 5128 1[71; On a motion by Mr. Wrightman, seconded by Mr. Moser, and unanimously adopted, the City Planning Commission adjourned its 183rd Regular Meeting held on May 23, 1967, at approximately 11:30 pim. CITY PLANNING COMMISSION Harry Wri:,%tman, Se-1etary ATT cr Hai''ies W. Walker, Chairman