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HomeMy WebLinkAboutPLANNING MINUTES 1967-09-19 5182 MINUTES OF THE 241st SPECIAL MEETING li OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA ------ On Tuesday, September 19, 1967, the City Planning Commission of the City of Livonia, held its 241st 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 approx- imately 8:30 p.m. with approximately 125 interested persons in the audience. Members present: Raymond W. Tent Donald Heusted John J. Ward Marvin Moser Myra Chandler Mimi Singer Harry Wrightman Members absent: Charles W. Walker Donald Pollock Messrs. Don Hull, Planning Director; Ralph Bakewell, Planner III; David Perry, Co City Attorney; Daniel Andrew, Industrial Development Coordinator, and John Dufour, Superintendent of Parks & Recreation Department, were present. Mr. Wrightman announced the first item on the agenda is Petition 67-7-1-28 by Brashear, Brashear, Mies and Duggan, Attorneys for Tony and Antoinette Rossi and Arthur and Jean Noggle, to rezone property located an the west side of West- mote Avenue approximately 160 feet north of Five Mile Road, and approximately 180 feet east of Farmington Road in Section 15, train R-1 ct C-2. Mr. James Mies, representing the petitioner, stated that the widening of Farming- ton Road and the shortened depths of the lots on Farmington Road lend this site suitable for the expansion of the Livonia National Bank. Lot Number 12 is now vacant and the owner of lot 11, which has a home on it, feels this is no longer suitable for a residence. Mr. Mies stated that he believes the Center City Study made by the Department development nand this would be acompatible us . Thehouses furthernorthhaa been removed by 410 commercial developers. Mr. Tent questioned Mr. Mies if the C-2 development will take place simultaneously with the bank development. ---.- Mr. Mies stated that the C-2 property would be developed as a compatible use with the bank. He stated that the people who own these lots have entered into an agreement for the sale of this property with the bank. He further stated that his law firm owns Lot #11 and hopes some day to construct an office building on it. Mr. Tent questioned if Mr. Mies has informed the people in the area that he is proposing this property forts bank. Mr, Mies replied, no. Mr. Wrightman questioned a statement made by Mr. Mies regarding the use of the continuation of Westmore for an entrance and if he means this will be dedicated to the City. Mr. Mies stated that he believes they prefer not to dedicate it as a public street but they want simply to create an entrance to the bank and would like it to re- main private. 5183 Mr, tent tekerred to a letter in the file dated 8/7/67 from the Chief City t#hgideer Whip stated there is a dead-end water main in Westmore Avenue which lb should be extended to Five Mile Road and that the City is also desirous of extetiding Westmore Avenue to eliminate the need for a turn-around or cul de sac. *4 titightman asked if the people who own the property would be willing to dedicate the property to the City. Mr. Mies stated that he does not know whether the bank will be willing to dedicate it but they will be happy to work out something that is compatible all the way around. Mr. Tent stated that the file contains a petition containing the signatures of 33 residents in the area who object to this petition. Mr. Fred W. Kemp, 15531 Westmore, stated that he has canvassed the area and has found that the people are against a general business development here and that they would like the property to be for professional use. 16 Mr. Tent stated that use of the property for a bank would be comparable to a professional use questioned if Mr. Kemp would be willing to discuss this matter with the attorney for the petitioner so that the people in the area will have knowledge of just what he proposes here. Mr. Kemp stated that the people would like this item delayed for about thirty days so that they will have time to discuss the matter. Mrs. Mac Schumacher, 15504 Westmore, questioned the meaning of "compatible use". Mr. Tent stated that Mr. Mies was referring to the construction of his office building being compatible with the use of the property for a bank, and that control of the style and design of the building is in the hands of the Planning Commission so he will not be able to put up a building until the plans are approved by the Planning Commission. 16 Mrs. Schumacher questioned if the owners of this property could sell this property to someone else for another and less desirable use. Mr. Tent stated that the Planning Commission will attempt to get an assurance of some type from the petitioner that this is not his intention. Mr. Ward questioned the reason for requesting a C-2 zoning when a C-1 zoning will accommodate a bank and if Mr. Mies would consider amending his petition to C-1. Mr. Mies stated that he was under the impression that a bank required a C-2 zon- ing and questioned if a C-1 zoning would accommodate the drive-in facilities of a bank. Another reason for requesting C-2 zoning, he stated, is that the other property surrounding this land is zoned C-2. Mr. Mies further stated that bank buildings are constructed essentially to serve as banks with vaults and other 140 facilities of this type so that would indicate that the use in all probability s will not be changed. Mr. Tent requested to know if Mr. Mies would be willing to meet with the people in the area regarding his proposal. Mr. Mies stated, yes, he will be happy to do that and would prefer to meet as soon as possible. • 5184 Mr. Daugherty, President of the National Bank of Livonia, stated that he would like to assure Mrs. Schumacher that there would never be a thought of disposing of this property for any other use. There was no one else present wishing to be heard regarding this item. Mr. Tent, Vice-Chairman, stated the item would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-8-1-31 by Brashear, Brashear, Mies and Duggan, Attorneys for Abe Green; Aubrey H. Etten- heimer; Leonard R. Farber; Howard M. Binkow, and Rose-Hill Investment Company, to rezone property located at the northwest corner of Hix Road and Joy Road in Section 31, from R-1 and C-1 to C-2 and R-7. Mr. James Mies, representing the petitioners, stated that the purpose of re- questing C-2 zoning is so that a shopping center can be developed but, as yet, he did not know what type of stores would be constructed. He stated that the R-7 zoning is desired for one and two bedroom apartments, and that a development of apartments and commercial will serve the community and be an asset to the 46 City. He further stated his belief that apartments are an economic advantage to to a community. Mr. Tent stated that since there are already apartment developments across the street from this site wouldn' t it be of more benef it to go with commercial development. Mrs. Singer questioned if there are homes directly abutting this property. Mr. Mies stated the area is being developed now. Mrs. Singer questioned what Mr. Mies thought the rental would be. Mr. Mies stated he does not know but will find out and supply the Commission with that information. 41, Mr. Tent stated there is a petition in the file containing signatures of 24 residents who object to this petition. Mr. Donald Wickham stated that he is representing the residents in the area and stated that of the 16 property owners living in this immediate area ll' have signed a petition objecting to it. He also stated that homes are being develop, - to the west of this property and the new homeowners will not have an opportunity to object to this rezoning. He stated that the people wish this property to remain residential because there is a shopping center in Westland, very near to them. He pointed out that Washington School is not large enough to accommo- date all the children of the people who will be purchasing new homes that are to be built. Another reason for the objection is that there is no through street planned for the new subdivisions going in and Hix Road is the only one until Haggerty Road where there will be a freeway constructed in the future. He stated that the people do not want commercial development here nor do they want apartments here, only single family residences and the people on Hix Road are concerned about the valuation of their property. Mr. Wickham stated his feelings that even though there are 16 people abutting this property now there is a potential 100 people who do not yet know of the petition for rezoning. Mr. Wrightman questioned how much of this property is already zoned C-1. • 5185 Mr. Wickham stated, 200' x 300' , the property on the corner. a Mr. Tent advised that action will not be taken on this item tonight, that it will be taken under advisement and studied further at a study meeting by the Planning Commission and that a representative of the group will be contacted regarding attendance. in Michael Vorgitch, 38645 Ann Arbor, stated that he has lived/Livonia for seven- teen years and feels there is a dire shortage of business places here already and numerous subdivisions are platted for the area. He stated that to do any shopping he has to go as far as Shelden Center or into Plymouth and he would like to see a shopping center go in here that will have a variety of stores. Mr. Vorgitch stated that there is no competition of any kind now and the people are at the mercy of the store operator, and that he would prefer that the business portion of this petition be approved. He stated he has no comment regarding the multi-family. Mrs. Chandler questioned if Mr. Vorgitch had any preference as to C-1 or C-2 going in here. 410 Mr. Vorgitch stated he would like to see C-2 for a chain organization rather than a C-1 which would not allow that. There being no one else present wishing to be heard regarding this item, Mr. Tent stated it would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-8-1-29 by Brashear, Brashear, Mies and Duggan, Attorneys for Michael and Vivian C. Berry to rezone property located in Supervisor's Livonia Plat #11 on the north side c2 Ann Arbor Trail approximately 420 feet east of Lawrence Drive In Section 32, from C-1 to R-7. James Mies, Attorney for the petitioners, pointed out that this petition was before the Commission in 1964 at which time it was approved by the Commission but denied by the City Council. He stated that the development is identical 46 to the former and that the property is ideal for multi-family because there is a large area of public land. The developer plans to construct 42 one-bed- room units and 34 two-bedroom units, he advised. Mr. Mies requested the Planning Commission to take into consideration the favorable report of the Traffic Commission regarding the previous petition when evaluating this petition inasmuch as it is the same request, siteplan and developer, Mr. Mci Rosenhaus. Mr. Tent questioned what the rental charge for the units will be. Mr. Mies stated he did not know. Mr. Ward stated that it was $250 on the last proposed development. Mr. Mies suggested then that it would probably be more now. Mr. Walter Sherman, 36206 Lawrence Drive, stated that he has no formal petition of objectors here tonight but there are 10 people present who do object and that at the time of the previous public hearing on the petition there were 300 formal objectors to that petition for multi-family. He stated he does believe Ann Arbor is designed for the traffic that a development of this kind will create. 5186 Mr. Tent informed the audience that a representative of the people in the area will be invited to attend a study meeting of the Commission at the time this matter is discussed. Mr. Harry Fitz, 8978 Linville, was present and stated that he objected to this petition. There being no one else present wishing to be heard regarding this item, Mr. Tent announced that it would be taken under advisement. Mr. Victor Deeders, 8859 Crown, was present and stated he objected to this petition because of the traffic it would generate, and requested to know what the future plans for Ann Arbor Trail are. For clarification, Mr. Deeders stated that the pond to which Mr. Mies referred to previously as being a part of the surroundings for this development, is actually drainage from Ann Arbor Trail. Mr. Hull advised that he imagined Ann Arbor Trail will eventually be widened, but the master plans do not include specific details about Ann Arbor or Ann Arbor Trail at the present time. There was no nne else present wishing to be heard regarding this petition. Mr. Tent stated this item would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-8-2-15 by E. L. O'Keefe and Horace D'Angelo, Jr. requesting to be granted a waiver use permit to construct a nursing home on a portion of parcel 14Z2a1 located on the north side of Five Mile Road, approximately 440 feet west of Middlebelt Road in Section 14. Mr. E. L. O'Keefe, 6840 Bretton, Westland, was present and stated his plans are to construct a 110 bed nursing home which is classified as a sub-acute facility designed primarily to cut the costs of hospital care by taking care of patients for about one-third the regular cost in an out-patient clinic. Mr. O'Keefe stated that there are no sub-acute facilities within Livonia since St. Mary Hospital would be classified as an acute facility. He stated that the organization behind this petition is licensed as a convalescent home but they are not interested in taking care of old people primarily, they are also interested in taking care of young people during convalescence and lowering the cost of out-patient care. Mr. Wrightman stated that about three convalescent homes have been approved by the Commission but not yet built which will total approximately 313 beds, and that the City should not be saturated with convalescent homes. Mrs. Singer questioned if Mr. O'Keefe has constructed other homes and if Mr. O'Keefe will be the supervisor there. Mr. O'Keefe stated that one is being constructed in Westland and they have built about fifty homes throughout the country, one in Frankenmuth. He stated that Mr. D'Angelo will be the supervisor and that there will be thirteen doctors and five businessmen involved, and that this will be a residency for administrators. He stated that the organization involved in this is a pro- fessional organiation, The American College of Nursing Homes. 5187 Mr. Chandler suggested that the Commission should talk with the administrators of St. Mary Hospital before going any further with this petition. Mr. Moser requested to know the builder of this proposed development. Mr. O'Keefe stated the Hospital Development Company is the builder, and there are four local people involved in the development. Mr. Harrison, 15591 Hidden Lane, questioned why a facility of this type wouldn't be better in a more open area. Mr. O'Keefe stated because this site is the geographical center of the doctor.. who are participating in the development. Mr. Heusted questioned if this will be a tax-free organization and if it would be a convalescent home for the patients of the 13 doctors because they do not want them to be in a hospital. Mr. O'Keefe stated it will not be tax-free and they will provide continuous medical care where convalescent homes do not. He stated they will have a large physical therapy facility; they are not an "old folks home" but will take elderly people who need therapy and they return to the nursing home. Mr. Heusted questioned if this facility will accept emergency cases. Mr. O'Keefe advised that under Michigan law this facility would not be classified as a hospital so an emergency case would first have to go to St. 16101 Mary Hospital then the patient could use this facility for recuperation at less expense than would be incurred in the hospital for the entire time. There was no one else present wishing to be heard regarding this petition. Mr. Wrightman announced the next item on the agenda is Petition 67-8-2-16 b: Carl Hileman requesting to be granted a waiver use permit for the display z.. /or rental of utility trailers on parcel 32L located at the southeast corn: of Levan and Plymouth Road in Section 32. Mr. Carl Hileman, 1009 Starkweather, petitioner, stated that he operates a Texaco service station and the space in the back is to be used for this operation and has a fence, proper lights, etc. Mr. Hull, Planning Director, stated that Mr. Hileman has the proper zonir.; but only for 150' with a 60' dedication to the centerline of Plymouth Road for a total of 230' . He stated that the petitioner does not have a site plan showing where he intends to locate the operation, but that he couldn' t put it in the land to the south because it is not zoned C-2. Mr. Hileman stated that he is only going to use 175' of the C-2 toning, and submitted a map to the commissioners showing his operation. He stated that he had previously submitted a plan that was not acceptable. Mr. John Hacker, representing the petitioner, stated that he believes Mr. Hileman meets all of the requirements of the ordinance. Mr. Hileman stated that after making telephone calls to the City he found that this building is considered to be a storage building and would not require toilet facilities. 5188 Ird Mr. David Perry, Assistant City Attorney, stated that if this is a building that is open to the public the Building Ordinance may require a toilet facility. Mr. Hacker stated that this is to be used in conjunction with the service station. Mr. Tent advised that the Commission will look into these points and notify the petitioner of a study session at which it will be discussed. There was no one else wishing to be heard regarding this petition. Mr. Tent stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-8-2-17 by Unity of West Suburbia Church requesting to be granted a waiver use permit to use Lot 28 of O'Connor and Porter's Subdivision, located on the northeast corner of Doris and Curtis in Section 11 , for the overflow of church parking. Mr. Robert Collins, a resident, stated that the church has an option to purchase this property, the option being contingent upon the use of the lot for parking. He stated that the present parking space at the front of the church is not adequate to take care of their Sunday morning cars and that the cars are using the street for parking. Mr. Collins advised the Commission that he had appeared before the Building Department to investigate using the rear of the lot and covering the creek, but was informed that this creek area is to remain open. 1 Mr. Tent questioned if the property on which the church is located was originally a church and if the congregation has expanded to that extent. Mr. Collins stated the building was originally a church and that the congregation has expanded to the extent that they now have two services on Sunday morning. Mr. Tent stated that churches are now required to have two acres of property and more if they intend to expand and that what he sees here is a non-conforming use. He stated if the property across the street is rezoned then we will have another non-conforming use. Mr. Tent stated it is his feeling that the church should investigate a larger site. Mrs. Singer questioned if it has been established that this is a non-conforming use. Mr. Hull stated that the Commission has not granted a waiver of use to this church because it was here before the Ordinance, and that it meets the area requirements with 2.34 acres, but does not have adequate parking. Mr. Collins stated that they have investigated using some of the adjacent property but none of it is available at a reasonable price. Mr. Tent stated that there is a petition in the file containing 33 signatures of people in the area who oppose this rezoning. r Mrs. Alfred Fiegle, 18275 Doris, stated that she objected to this petition. Mr. Carl Mehrer, 18617 Doris, stated he objects to the petition because of the blacktopping of the entire area with no shrubbery. Owner of property at 18215 Doris, stated he objects to the petition. 5189 Mr, William Maggio, 30055 Curtis, statedis objections to the petition L beCadse of the blackt9pping in ,ktront of the thut'ch. lie Stated that the lot across the street is the only decent piece of property left in the area and that the people living on tot 29 take good care of it, and that is used by 1r10; the childred of the area. Mr. Leonard Newlon, 18400 Doris, stated he objects to the rezoning and feels it should be left residential. There was no one else present wishing to be heard regarding this petition. Mr. Tent stated this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-7-1-25 by the City Planning Commission, pursuant to Industrial Development Commission Resolution #156-67, to rezone property located north of Six Mile Road, east of Haggerty Road in the Southwest 1/4 of Section 7, from C-2 and R-5C to M-1. Mr. Daniel Andrew, Industrial Development Coordinator, stated his recommendation that the zoning be changed to M-L instead of M-1 and that the property contain- in the cemetery and the C-2 property which contains the rental shop (parcels 07E and 07D8b) be excluded from the rezoning to M-L. Mr. Wrightman advised that the people in the area are concerned as to the effect this rezoning will have on their property and taxes, but it is his understand- ing that as long as these people continue the present use on the property the tax rate would be the same, and that the zoning category has no basis for the valuation of the property. f Mr. Tent stated that the taxes would not be effected until the owner decided to sell. Mr. Andrew advised that the City Assessor, as a matter of policy, assesses land on its use and not on the zoning classification. Mr. Orville Barron, 38600 Six Mile Road, stated that his concern is that what is said here tonight might not be the same two or three years from now when the Planning Commission members are changed. He stated that he and and the people who live and work on the land object to this rezoning because it is felt that it will create an undesirable condition and will increase taxes. He further stated that it is his feeling that this action by the Planning Commission is premature and that it should be delayed until the highway is completed or under construction. A resident, 17400 Haggerty, questioned why the Planning Commission stopped where they did and what is planned for the property; also there is the possibility that if his house burned down the City would not give him a permit to build another. Mr. Hull stated the reason that the zoning follows the pattern it does is that we are making the assumption that the easterly take lines correspond with the information on the freeway, and the college wishes to extend to the north line of the property covered by this petition. Mr. John Dooley, Attorney, was present representing Mr. Titus who owns the southeast corner on Six Mile, and stated that he is not expressing an opinion in favor or against this petition as long as the petition will be amended so as to exclude the rent-it shop on the corner. -/ .' 5190 Mrs. Singer and Mr. Tent expressed opinions that the commercial and cemetery property should be excluded from this petition. ' Mr. Dooley stated that if there is any question regarding excluding the rental shop property from the petition he would have something to say regarding the matter. A question was raised as to the proposed use for the property. Mr. Andrew stated that the immediate plans are, some time in the first quarter of 1968, to put facilities in and put the property on the market for sale. A resident, 17350 Haggerty, stated her interest as what is going in here be- cause of the deterioration of her home if industrial buildings go in. There was no one else present wishing to be heard regarding this petition. Mr. Tent stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-7-1-26 by the City Planning Commission, pursuant to Industrial Development Commission Resolution #156-5-7, to rezone property located on the south side of Six Mile Road and west of the proposed 1-96 freeway right-of-way in Section 18, from R-3B and C-2 to M-1. Mr. Andrew briefly familiarized the audience with the Northwest Study prepared 10 by the City Planning Department and stated that the reason for this rezoning now is that early in 1968 the freeway will be under construction and the City t will suffer a great loss of industrial land in the industrial corridor. He further stated that we are presently suffering a great loss of industrial land in the industrial corridor through land purchases, and it is felt this is essential off-rail property for use by companies not needing rails. There was no one else present wishing to be heard regarding this petition. Mr. Tent stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is preliminary plat approve of Sonigan Industrial Subdivision located on the south side of Schoolcraft, west of Farmington Road, in the Northwest 1/4 of Section 28. Mr. Hull advised the Commission that this Subdivision conforms to the require- ments of the Ordinance and with the Police and Fire Departments. Mr. Tent stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-8-6-4 by the City Planning Commission, pursuant to Council Resolution #662-67, to determine whether or not to amend Ordinance No. 543, the Zoning Ordinance, by adding Section 18.53, Outdoor Sale of Christmas Trees. iii Mr. Hull advised the Commission that this is an amendment to accommodate church groups and quasi public groups to sell trees on their property. The Ordinance now reads that the sale must take place on the same property as is owned. There was no one present wishing to be heard regarding this petition. Imummium 5191 Mr. Wrightman announced the next item on the agenda is Petition 67-6-7-9 by The City Planning Commission, pursuant to letter dated 4/24/67 from the legal Department, requesting to amend the Master School and Park Plan, Part V of the Master Plan, so as to incorporate parcel 02V2 and Lot 02c496, located south of St. Martins and east of Purlingbrook in Section 2. There was no one present wishing to be heard regarding this item. Mr. Tent stated this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-8-7-10 by the City Planning Commission, pursuant to Parks & Recreation Commission Reso- lution #595-67, requesting to amend the Master School and Park Plan, Part V of the Master Plan, by deleting property located on the west side of Newburgh Road, approximately 870' north of Joy Road in Section 31. Mr. John Dufour, Superintendent of the Parks and Recreation Department, stated that the 25 acres directly north of this property will be retained for a park site and that the property covered by this petition is recommended for deletion from the Master Park Plan by the Parks & Recreation Commission for a school site. There was no one else present wishing to be heard regarding this petition. Mr. Tent stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-8-7-11 by the City Planning Commission, pursuant to Parks & Recreation Commission Resolu- ILO tion #596-67 requesting to amend the Master School and Park Plan, Part V of the Master Plan, so as to incorporate property located on the north side of Seven Mile Road, approximately 170' west of the east line of Section 5. Mr. Dufour stated that this property owner's property had been split by a prior designation on the Master Park Plan of a portion of it and this amendment will provide for inclusion of all of it. There was no one else present wishing to be heard regarding this petition. Mr. Tent stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-7-1-27 by the City Planning Commission on its own motion to rezone a portion of parcel 17F2, located east of Newburgh Road and south of Six Mile Road in Section 17, from C-2 to R-3B. Mr. Tent stated that about a year ago the Planning Commission rezoned this property for a high calibre commercial shopping center after discussion in great detail with the developers. He stated that it now has come to the Commission's attention that this development no longer exists and there is another use proposed for the property. Mr. Tent stated that the Commission would like to revert the zoning back to its original category and such time as a developer would like to put a development up it will be considered for rezoning again. Rodney Kropf, Attorney, stated that at the time of the first rezoning it was 1EV hoped that an A & P could be put here and that several proposals have been submitted in this respect but there is a serious problem with a storm drain on the property. He further stated that the property is still a potential A & P shopping center. 5192 Mr. Tent questioned if Mr. Kropf has another client that will construct a development that is comparable to the original plan. Mr. Munger, representing Mr. Schroeder, stated that it was mentioned that a man who had an interest in this property came in with a plan for a discount operation, but that there is not and has never been an offer to Mr. Schroeder concerning this property except the Wagenschutz option which has expired. Mr. Munger stated he is trying to work out a deal that will permit the construction of the original proposal, and urges the Commission to withhold action on this rezoning. He stated thatthere will not be a deal on this property relating to a discount business without first consulting the Planning Commission, and that there has been no change in the original plan; they are still negotiating it. Mr. Wrightman questioned how serious the drainage problem is. Mr. Munger replied, $50,000 but they are trying to work out an alternate solu- tion so that improvement could be attained without the expenditure of that much money. Mr. Schroeder, 37191 W. Six Mile Road, stated that he has lived on this property for years and is not in agreement with this reznning. Mr. Munger stated it will take about three or four months to complete present negotiations. On a motion duly made by Harry Wrightman, seconded by Mrs. Singer, and unanimously adopted, it was #9-127-67 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, September 19, 1967, at approximately 12:00 midnight. * * * * * * * * * * * * * * * * Mr. Tent, Vice-Chairman, called the 241st Special Meeting to order at approxi- mately 12:10 a.m. with approximately 50 interested persons in the audience. Mr. Wrightman announced the first item on the agenda is Petition 67-7-1-28 by Brashear, Brashear, Mies and Duggan, Attorneys for Tony and Antoinette Rossi and Arthur and, Jean Noggle, to rezone the property located on the west side of Westmore Avenue approximately 160 feet north of Five Mile Road, and approximately 180 feet east of Farmington Road in Section 15, from R-1 to C-2. Mr. Tent stated that this item will be taken under advisement. Mr. Wrightman announced the next item on the Agenda is Petition 67-8-1-31 by Brashear, Brashear, Mies and Duggan, Attorneys for Abe Green; Aubrey H. Ettenheimer; Leonard R. Farber; Howard M. Binkow, and Rose-Hill Investment Company, to rezone property located at the northwest corner of Hix Road and Joy Road in Section 31, from R-1 and C-1 to C-2 and R-7. Mr. Tent stated that this item will be taken under advisement. 5192a 1L 'e Mr. Wrightman announced the next item on the agenda is Petition 67-8-1-29 by Brashear, Brashear, Mies and Duggan, Attorneys for Michael and Vivian C. Berry to rezone property located in Supervisor's Livonia Plat #11 on the north side of Ann Arbor Trail approximately 420 feet east of Lawrence Drive in Section 32, from C-1 to R-7. :�11t stated that this item will be taken under advisement. ti,r 5193 Mr. Wrightman announced the next item on the agenda is Petition 67-8-2-15 by E. L. O'Keefe and Horace D'Angelo, Jr. requesting to be granted a IL waiver use permit to construct a nursing home on a portion of parcel 14Z2a1 located on the north side of Five Mile Road, approximately 440 feet west of Middlebelt Road in Section 14. Mr. Tent stated that this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-8-2-16 by Carl Hileman requesting to be granted a waiver use permit for the display and/or rental of utility trailers on parcel 32L located at the southeast corner of Levan and Plymouth Road in Section 32. Mr. Tent stated this item will be taken under advisement. Mr. Wrightman announced the nest item on the agenda is Petition 67-8-2-17 by Unity of West Suburbia Church requesting to be granted a waiver use permit to use Lot 28 of O'Connor and Porter's Subdivision, located on the northeast corner of Doris and Curtis in Section 11, for the overflow of church parking. On a motion duly made by Mr. Wrightman and seconded by Mr. Moser, it was #9-128-67 RESOLVED that pursuant to a public hearing having been held on September 19, 1967 on Petition 67-8-2-17 as submitted by Unity of West Suburbia Church requesting to be granted a waiver use permit to use Lot 28 of O'Connor and Porter's Subdivision, located on the northeast corner of Doris and Curtis in Section 11, for the overflow of church parking, ' the City Planning Commission does hereby recommend to the City Council that petition 67-8-2-17 be denied for the following reasons: (1) Zoning land for parking will establish an undesirable precedent in a residential neighborhood. (2) A parking lot in a residential neighborhood can seriously effect its long term stability. 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Ward, Heusted, Singer, Chandler, Tent, Moser, Wrightman NAYS: None ABSENT: Walker, Pollock Mr. Tent, Vice-Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-7-1-25 by the City Planning Commission, pursuant to Industrial Development of Six Mile Road, east of Haggerty Road in the Southwest 1/4 of Section 7, from C-2 and R-5C to M-1. On a motion duly made by Mr. Ward and seconded by Mr. Wrightman, it was 5194 #9-129-67 RESOLVED That, pursuant to a public hearing having been held on September 19, 1967 on Petition 67-7-1-25 as submitted by the City Planning Commission, pursuant to Industrial Development Commission Resolution #156-5-67, to rezone property located north of Six Mile Road, east of Haggerty Road in the Southwest 1/4 of Section 7, from C-2 and R-5C to M-1, the City Planning Commission does hereby recommend to the City Council that Petition 67-7-1-25 be approved as amended to the M-1 zoning category and based on the following legal description which excludes the property covered by the existing cemetery and a portion of the existing commercially zoned land: "That part of the S. W. 1/4 of Section 7, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan bounded on the west by the west line of Section 7, on the south by the south line of Section 7, on the east by the west right-of-way line of State Route 1-96 as proposed, and on the north by a line 1320 feet north of and parallel to the south line of Section 7, except that part of the S. W. 1/4 of Section 7 described as beginning at a point on the west line of said section distant N. 0° 32' 50" W. 131.48 feet from the S. W. corner of Section 7 and proceeding thence N. 0° 32' 50" W. along said west line 178.43 feet; thence N. 89° 27' 10" E. 200 feet; thence S. 0° 32' 50" E. 203.94 feet, thence along the north line of Six Mile Road N. 82° 40' W. 43.90 feet and on a tangent curve to the left, radius 5787.42 feet, an arc distance of 157.75 feet to the point of beginning; also, except that part described as being the north 237.00 feet of the south 297.00 feet of the east 82.50 feet of the W. 1/2 of the S. W. 1/4 of Section 7 and the N. 237.00 feet of the south 297.00 feet of the west 82.50 feet of the E. 1/2 of the S. W. 1/4 of Section 7". for the following reasons: (1) There is a need for nonresidential land in this sector of the City. (2) The City has great need to increase the nonresidential tax base. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, The Livonia Observer and City Post, under date of August 30, 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: Heusted, Singer, Chandler, Moser, Tent, Ward, Wrightman NAYS: None tABS ENT: Walker, Pollock Mr. Tent, Vice-Chairman, declared the motion carried and the foregoing resolution is adopted. 5195 Mr. Wrightman announced the next item on the agenda is Petition 67-7-1-26 by 4110 the City Planning Commission, pursuant to Industrial Development Commission Resolution #156-5-67, to rezone property located on the south side of Six Mile Road and west of the proposed 1-96 freeway right-of-way in Section 18, from R-3B and C-2 to M-1. On a motion duly made by Mr. Ward and seconded by Mr. Wrightman, it was #9-130-67 RESOLVED that, pursuant to a public hearing having been held on September 19, 1967 on Petition 67-7-1-26 as submitted by the City Planning Commission, pursuant to Industrial Development Commission Resolution #156-5-67, to rezone property located on the south side of Six Mile Road and west of the proposed 1-96 freeway right-of-way in Section 18, from R-3B and C-2 to M-1, the City Planning Commission does hereby recommend to the City Council that Petition 67-7-1-26 be approved for the following reasons: (1) There is a need for nonresidential land in this sector of the City. (2) The City has great need to increase the nonresidential tax base. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, The Livonia Observer and City Post, under date of August 30, 1967 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, 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: Singer, Chandler, Tent, Moser, Ward, Heusted, Wrightman NAYS: None ABSENT: Walker, Pollock Mr. Tent, Vice-Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is preliminary plat approval of Sonigan Industrial Subdivision located on the south side of Schoolcraft, west of Farmington in the Northwest 1/4 of Section 28. On a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #9-131-67 RESOLVED that, pursuant to a public hearing having been held on September 19, 1967, the City Planning Commission does hereby recommend to the City Council that the preliminary plat of Sonigan Subdivision located on the south side of Schoolcraft, west of Farmington in the Northwest 1/4 of Section 28, be approved for the following reasons: 5196 (1) It is of sufficient calibre to justify our approval (2) There is a need for this type of development within this sector of the City. 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 Depart- ment, Superintendent of Schools, Fire Department, Police Department, and Parks and Recreation Department. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Ward, Heusted, Singer, Chandler, Tent, Wrightman NAYS: None ABSENT: Walker, Pollock Mr. Tent, Vice-Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-8-6-4 by the City Planning Commission, pursuant to Council Resolution #662-67 to determine whether or not to amend Ordinance #543, the Zoning Ordinance, by adding Section 18.53, Outdoor Sale of Christmas Trees. On a motion duly made by Mr. Ward and seconded by Mr. Moser, it was #9-132-67 RESOLVED that, pursuant to a public hearing having been held on Spptember 19, 1967 on Petition 67-8-6-4 as submitted by the City Planning Commission, pursuant to Council Resolution #662-67, to determine whether or not to amend Ordinance #543, the Zoning Ordinance, by adding Section 18.53, Outdoor Sale of Christmas Trees, the City Planning Commission does hereby recommend to the City Council that Petition 67-8-6-4 be approved for the following reasons: (1) The present Zoning Ordinance does not make provision for this type of temporary use. (2) It is in the best interest of the City to encourage this type of activity by our quasi public and charitable organizations. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer and City Post, under date of August 30, 1967, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. 5197 A roll call vote on the foregoing resolution resulted in the following: AYES: Heusted, Singer, Chandler, Tent, Moser, Ward, Wrightman NAYS: None ABSENT: Walker, Pollock Mr. Tent, Vice-Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-6-7-9 by the City Planning Commission, pursuant to letter dated 4/24/67 from the Legal Department, requesting to amend the Master School and Park Plan, Part V of the Master Plan, parcel 02V2 and Lot 02c496, located south of St. Martins and east of Purlingbrook in Section 2. Mr. Tent, Vice-Chairman, stated that this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 67-8-7-10 by the City Planning Commission, pursuant to Parks and Recreation Commission Resolution #595-67, requesting to amend the Master School and Park Plan, Part V of the Master Plan, by deleting property located on the west side of Newburgh Road, approximately 870 feet north of Joy Road in Section 31. On a motion duly made by Mr. Moser and seconded by Mrs. Singer, it was #9-133-67 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 having duly held a public hearing on September 19, 1967 for the purpose of amending Part V of the Master Plan of the City of Livonia, entitled "Master School and Park Plan", the same is hereby amended so as to delete property located on the west side of Newburgh Road, approximately 870 feet north of Joy Road in Section 31, for the following reason: (1) There is a need for school facilities in this sector of the City. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of the Master School and Park Plan of the City of Livonia, which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission, with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission; and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. A roll call vote on the foregoing resolution resulted in the following: AYES: Chandler, Tent, Moser, Ward, Heusted, Singer, Wrightman d NAYS: None ABSENT: Walker, Pollock Mr. Tent, Vice-Chairman, declared the motion carried and the foregoing resolution is adopted. 5198 Mr. Wrightman announced the next item on the agenda is Petition 67-8-7-11 by the City Planning Commission, pursuant to Parks and Recreation Commission Resolution #595-67 requesting to amend the Master School and Park Plan, Part V of the Master Plan, so as to in- corporate property location on the north side of Seven Mile Road, approximately 170 feet west of the east line of Section 5. On a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #9-134-67 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 having duly held a public hearing on September 19, 1967 for the purpose of amending Part V of the Master Plan of the City of Livonia, entitled "Master School and Park Plan", the same is hereby amended so as to incorporate property located on the north side of Seven Mile Road, approximately 170 feet west of the east line of Section 5, for the following reasons: (1) There is need for additional park land in this sector of the City. (2) This extension of the park is made to conform to parcel ownerships which is a more logical manner in which to purchase lands. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931 as amended, the City Planning Commission does hereby adopt said amendment as Col part of the Master School and Park Plan of the City of Livonia, which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission, with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission; and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Moser, Ward, Heusted, Singer, Chandler, Wrightman NAYS: None ABSENT: Walker, Pollock Mr. Tent, Vice-Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-7-1-27 by the City Planning Commission on its own motion to rezone a portion of parcel 17F2, located east of Newburgh Road and South of Six Mile Road in Section 17, from C-2 to R-3B. Mr. Tent stated that this item will be taken under advisement. Mr. Tent advised the Commissioners that Petition 67-9-8-5 is removed from the agenda. 5199 Mr. Wrightman announced the next item on the agenda is a letter dated 9/7/67 from the Parks and Recreation Commission requesting Planning Commission concurrence on the locations of three outdoor swimming pools. On a motion by Mrs. Chandler and seconded by Mr. Wrightman, it was RESOLVED that, pursuant to letter dated September 7, 1967 from the Parks and Recreation Commission requesting Planning Commission concurrence on the locations of three outdoor swimming pools to be located on City owned park sites at Botsford Park in Section 1; Clements Circle Park in Section 36; and Rosedale Park in Section 34, the City Planning Commission does hereby concur with the locations as herein stated. Mr. Tent questioned if the Planning Commission will have site plan approval on the location of these pools. Mr. Hull stated, no, but the Commission may request that the Parks and Recreation Commission confer with the Planning Commission regarding the location of the pools on the sites. He further stated that this action will put into motion the preparation of the plans which the architects have not yet prepared. #9-135-67 RESOLVED that, pursuant to letter dated September 7, 1967 from the Parks and Recreation Commission requesting Planning Commission concurrence on the locations of three outdoor swimming pools to be located on City owned park sites at Botsford Park in Section 1; Clements Circle Park in Section 36; and Rosedale 4!1; Park in Section 34, the City Planning Commission does hereby concur with the locations as herein stated and requests that the Parks and Recreation Commission confer with the Planning Commission regarding the locations of the pools on the sites. A roll call vote on the foregoing resolution resulted in the following: AYES: Ward, Heusted, Singer, Tent, Moser, Chandler, Wrightman NAYS: None ABSENT: Walker, Pollock Mr. Tent, Vice-Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-6-1-24 by Joel Gershenson and Robert L. Wittbold requesting to rezone property located approximately 660 feet east of Farmington Road and Approximately 360 feet north of Plymouth Road in the South- west 1/4 of Section 27, from M-1 to C-2 for construction of a K-Mart Department Store. Mr. Tent advised that letters have been sent to the petitioner asking him to withdraw his petition but no answers have been received. 14001 Mr. Perry stated his opinion that the petition could be withdrawn by the Planning Commission on their own motion on the basis that two letters have been written to the petitioner to which answers have not been received. 5200 On a motion duly made by Mr. Wrightman and seconded by Mr. Heusted, it was #136-67 RESOLVED that Petition 67-6-1-24 as submitted by Joel Gershenson and Robert L. Wittbold requesting to rezone property located approximately 660 feet east of Farmington Road and approximately 360 feet north of Plymouth Road in the Southwest 1/4 of Section 27, from M-1 to C-2 for construction of a K-Mart Department Store be withdrawn. (1) The owner of the property informed the commission by letter that he did not desire to have the land rezoned. Mr. Wrightman announced the next item on the agenda is Petition 67-9-9-1, pursuant to letter dated August 29, 1967 from the Chief Building Inspector requesting bond release in connection with topsoil removal operation located on the north side of Five Mile Road, west of Newburgh in Section 18. (Topsoil removal Petition 66-3-5-1). On a motion duly made by Mr. Wrightman and seconded by Mr. Moser, it was #9-137-67 RESOLVED that, pursuant to the recommendations and report of the Bureau of Inspection dated August 29, 1967, the City Plan- ning Commission does herein authorize the release of the bond, No. 35682-13-1917-64, dated October 28, 1964, in the amount of $15,000.00 by United Stated Fidelity and Guaranty Company of Baltimore, Maryland, posted with the City in connection with topsoil removal operations performed under Permit No. 97 (Application TA-108) and Permit No. 105 (Petition 66-3-5-1) issued to Jack B. Anglin, 42750 Grand River, Novi, Michigan; it appearing from the above report that all ordinances, rules and regulations have been complied with and the City Clerk is herein authorized to do all things necessary to the full per- formance of this resolution for the following reason: (1) The topsoil operation has been completed to the satisfaction of the City. A roll call vote on the foregoing resolution resulted in the following: AYES: Ward, Heusted, Singer, Chandler, Tent, Moser, Wrightman NAYS: None ABSENT: Walker, Pollock Mr. Tent, Vice-Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is a letter dated August 8, 1967 from the Chief City Engineer requesting a street name change Nottingham Woods Subdivision located in the Northeast 1/4 of Section 15. ILO On a motion duly made by Mr. Wrightman and seconded by Mrs. Singer, it was S201 #9-138-67 RESOLVED that, the City Planning Commission, having considered the request dated 8/8/67 from the Chief City Engineer, and ILO having reviewed the street plan in the Northeast 1/4 of Section 15 and the Southeast 1/4 of Section 1, does hereby recommend to the City Council that Cambridge Avenue dedicated in the Nottingham Woods Subdivision be continued and that the Cambridge between Inkster and Angling Road in the Southeast 1/4 of Section 1 , be changed to Bridge. A roll call vote on the foregoing resolution resulted in the following: AYES: Heusted, Singer, Chandler, Tent, Moser, Ward, Wrightman NAYS: None ABSENT: Walker, Pollock Mr. Tent, Vice-Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is a resolution by the Planning Commission regarding Petition 67-6-1-23 by Occidental Investment Company requesting to rezone property located on the east side of Merriman Road, south of Eight Mile Road, in Section 2, from RUFA to R-7. Mr. Clarence Charest, 33636 Five Mile Road, Livonia, Michigan, Attorney representing Occidental Investment Company, requested that the Planning Commission delay making any resolution regarding this matter until such time as the balance of the Commission is present since he feels they had some interest in it by Mr. Pollock's vote for the petition and the fact that Mr. Walker had abstained from voting. Mr. Tent stated that this matter has been studied extensively by the Commission and he recommends that some type of action be taken on it tonight. On a motion duly made by Mr. Wrightman and seconded by Mr. Ward, it was #9-139-67 RESOLVED that, pursuant to a public hearing having been held on July 18, 1967 on Petition 67-6-1-23 as submitted by Clarence R. Charest, Attorney for Occidental Investment Company, requesting to rezone property located on the east side of Merriman Road approximately 320 feet south of Eight Mile Road in Section 2, from RUFA to R-7, the City Planning Commission does hereby recommend to the City Council that Petition 67-6-1-23 be denied for the following reasons: (1) The physical characteristics of the site do not lend it to high quality, high-density living. (2) It is not consistent with the Master Plan of the area and of the City of Livonia, (3) The adjacent land uses are such that it could effect the long term stability of the development. (4) The development of this site as a multi-family project could disrupt any logical pattern for the division of land to the east. 6202 (5) This proposed development could effect the stability of the adjacent residential neighborhood. I (6) There is no storm sewer available at the present time to service the proposed development. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, The Livonia Observer and City Post, under date of June 28, 1967 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Con- sumers 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, Ward, Heusted, Tent, Wrightman NAYS: Chandler, Singer ABSENT: Walker, Pollock Mr. Tent, Vice-Chairman, declared the motion carried and the foregoing resolution is adopted. On a motion duly made by Mr. Wrightman and seconded by Mr. Ward, and unanimously adopted it was #9-140-67 RESOLVED that, the minutes of the meetings held by the City Planning Commission on June 13, 1967 and August 15, 1967 are hereby approved. a On a motion duly made by Mrs. Chandler and seconded by Mr. Ward, it was #9-141-67 RESOLVED that, pursuant to Section 23.01 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone tax parcels 07D1; 07D2; 07D3; 07D4; 07D5; 07D6; 07D7 and a portion of parcel 07F lying west of the proposed 1-96 Freeway, located in the South- west 1/4 of Section 7, from R-5-C to ML. FURTHER RESOLVED, that a hearing be held and notice be given as provided in Section 23.05 of the Zoning Ordinance, Ordinance No. 543,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: Moser, Ward, Heusted, Singer, Tent, Chandler, Wrightman NAYS: None ABSENT: Walker, Pollock i • 5203 Mr. Tent, Vice-Chairman, declared the motion carried and the foregoing I resolution is adopted. On a motion duly made by Mr. Moser, seconded by Mr. Wrightman, and unanimously adopted, the City Planning Commission adjourned its 241st Special Meeting held on September 19, 1967, at approximately 12:50 a.m. CITY PLANNING COMMISSION '€----27/- all Harry Wrig an, Se tary Attest: Charles W. Walker, Chairman cl...../.!0,11G4) LU► Of