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HomeMy WebLinkAboutPLANNING MINUTES 1968-09-17 5414 MINUTES OF THE 197th REGULAR MEETING r i AND A PUBLIC HEARING OF THE CITY PLANNING ‘'III", COMMISSION OF THE CITY OF LIVONIA 410 On Tuesday, September 17, 1968, the City Planning Commission of the City of Livonia, held its 197th 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 approximately 8:30 p.m. with approximately 8o interested persons in the aiicience► Members present: Charles W. Walker Raymond W1 Tent Harry Urightman Donald Heusted Marvin Moset Robert Colomina Messrs& bon Hull, Planking Director; John J. Nagy, Assistant Planning Director; Ralph Bakewell, Planner III; David Perryi Assistant City Attorney, were present. Robett Menzies, Planner IIIA Mr, Wrightman announced the first item on the agenda is Petition 68-8-1-34 by Michigan Home for the Aged Armenian, Inc,, requesting to rezone ptoperty located on Middlebelt Road near Wentworth in Section 14, from C-2 and RUF to P.S. Petitioner was not present. Ir/ Mr. Walker advised that a communication had been received from the Engineering Division stating there is an existing drain that would have to be tiled and that this will become a City storm sewer. Mr. Don Hull, Planning Director, stated that the Master Fire Station Plan designates this site as a fire station site and this would not permit the Commission to act on the item tonight, but the feasibility of relocating the fire station site should be determined. Mr. Tent questioned if the petitioner is aware that a public hearing is being held tonight because there are pertinent facts which should be brought out. Mr. Hull stated that the petitioner was sent a notification of the date and time of the hearing. lir. Urightman questioned if it would be feasible to ask the petitioner to be at the next public hearing. Mr. Hull stated his suggestion would be that the item be brought back on a study session and discussed with a representative of the petitioner and with people from the adjacent area. He stated that the Council has directed a resolution to the Legal Department requesting that the Legal Department and Planning Commission delve into the possibility of relocating the fire station site to the north. Mr. Walker asked for a show of hands of people in the audience who had an interest in this item. :/----- , r•IL There was ane. 41 Mr. Walker stated that this item will not be acted on this evening but at a later ' date it will be put on an agenda and anybody interested can be notified of the meeting. 5415 Mrs4 Gladys Ward, 29221 Rayburn, requested to know what the petitioner is planning to put on the property. Mr& Hull stated that plans have not been prepared at this time but he assumed they ( will be prepared after the public hearing. Mrs. Dorothy Bruce, 29218 Broadmoor, stated she would rather see this go in then a fire station and that even though the Civic Association has not discussed this she felt the members of the Madison Civic Association would agree. Mr. Hull stated that the petitioner is actually requesting to take part of this land out of the commercial and put it into the P.S. category and this should make it a plus factor. Mr. Moser questioned if the City has started to acquire the property for a fire station yet. Mr. Hull stated, no, they have not but it is on the Master Plan. There was no one else wishing to be heard regarding this item. Mr. Walker, Chairman, stated the item will be taken under advisement'. Mr. Wrightman announced the next item on the agenda is Petition 68-8-1-35 by Thompson & Mier for Roger M. Aljuni, M.D. , requesting to rezone property located on Farmington Road and Curtis in Section 10, from RDF to P.S. Mr. Walker stated there is a communication in the file from the Engineering Divi- sion stating that the lot will require a sanitary sewer extension and that there is no storm sewer outlet north to Curtis. Mr. Thompson, representing the petitioner, stated that large segments of property on Farmington Road between Six and Seven Mile Roads are already zoned for P.S. and with the widening of Farmington Road, they feel residential zoning is not too desirable. He stated that unless this property is rezoned it will deprive the owner of the use of the property. Mr. Thompson stated that Dr. Aljuni presently practices on Six Mile and Farmington and his intent is to build a building pri- marily for medical purposes. He purchased the land in May of 1968 under Land Contract to be repaid in May of 1969, and Mr. Thompson said the Commission has his word that Dr. Aljuni has not purchased the land for speculation; he actually in- tends to build here. Mr. Tent questioned if Dr. Aljuni is leasing his present clinic, and how long has he been there. Mr. Thompson stated, he is leasing it, and he would estimate he has been there for two years. Mr. Tent questioned if Dr. Aljuni's intentions are to lease any part of the new clinic or use it all for his own practice. Mr. Thompson stated for his own practice; he is not certain how many doctors he could bring in, but he may bring in other offices, such as .law. . Mr. Thompson was questioned as to whether or not he is aware of the sewer facilities thatare needed and Mr. Thompson stated they are aware of this. 5416 Mr. Thompson was questioned as to whether or not he is aware of the sewer " ay facilities that are needed and Mrs Thompson stated they are aware of this. Mr. Donald Rigo, 17371 Bell Creel: Lane, •was present and stated he is Civic Affairs Chairman of Burton Hollow Civic Association and requested the dimensions of the site concerned and asked if the petitioner had presented a plot plan or building specifications, Mr. Walker stated nothing has been presented except a layout of the building on the lot. Mr. Rigo stated then he has evidently made the purchase on the basis of speculation as to whether he could rezone it to P,S. or commercial. He stated that he would like to draw the Commission's attention to the fact that the land in this area is all residential and this would seem to be spot zoning. He said he is not clear as to what the doctor wishes to use the property for and what type of building he proposes to build and he does not object to bonafide building proposals in this area but he does object to speculative zoning. Mr. Walker stated the plans as submitted show an entire lot development; two buildings that would be developed at this time and a third that would possibly be developed at a later date. Mr. Tent stated that two points have been brought up; one is the zoning and one was architectural structure of the building, but the first thing the Commission looks at is whether they would go for P.S. zoning and if that sounds reasonable then they go into the next step which would be architectural plans for the building. He stated that if the Commission feels the P.S. zoning is alright they would encourage the petitioner to bring in the architectural plans. Mr. Rigo stated the residents did not oppose Federal Standard Savings who went out of their way to cooperate with them but they do not know enough about this petition and must oppose it at this time. Mr. Thompson stated it is their intention to construct a medical building here that will compliment the surrounding neighborhood and they will show the plans to the Civic Association. Mr. Wrightman questioned if Mr. Aljuni had investigated the other locations in the City already zoned P.S. and found them inadequate. Mr. Thompson stated he has not investigated all the other property but they have looked into several, but his primary concern is to relocate his practice as near as he can in the same vicinity. Mr. Wrightman stated there is .a compound problem with P.S. zoning and he disagrees that well-traveled streets are not suitable for residential. Mr. Tent stated that a study has been conducted over the past months and almost 50% of the P.S. zoned property in the City is vacant and that the people who had it rezoned are holding it for speculative purposes and are getting a high dollar for it. Mr. Thompson stated he appreciates that but he makes a promise that they are not purchasing this land for that purpose, and there is already spot zoning in this area. 5417 Mr. Moser stated the spot zoning between Six and Seven Mile was over the Commission's objection and if the Commission grants this P.S. , more property automatically becomes P.S. He stated he does not agree either that mile roads are not suitable for residences. Mr. R. Hennesy, 17451 Sunset, questioned if you wouldn't have clinics on mile roads, where would you put them. Mr. Walker stated that is not the question here, the question here is that the Commission does not want to saturate the City with one use. Mr, Hennesy stated he believes the City is very lacking in professional services so he would highly recommend that we get more. Mr. Tent familiarized Mr. Hennesy with locations of medical clinics in the City and stated that a study had been conducted and the City does have numerous doctors. Mr. J. Lang, 32970 Northgate, stated that the people in Burton Hollow Woods are interested in protecting their investments and that this land is part of a tract that consists of about 20 acres which he feels is ideal residential property and to rezone it to anything but residential would be hindering any residential from coming in. There was no one else present wishing to be heard regarding this item. Mr. Walker stated that the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 68-8-1-36 by Thomas E. George requesting to rezone property located on Middlebelt between Broadmoor and Sunnydale in the Southwest 1/4 of Section 13, from RUF to C-2. Mr. Patrick Duggan was present representing the petitioner and stated that Mr. George has owned the property since 1962, plans to retire within the next few years and feels the property has a definite limit and has lost its value as residential because of the widening of Middlebelt by the County and the two shopping centers on Middlebelt. He stated they have no specific purchaser for the property at this time but Mr. George is solely interested in his life's investment and if the property is rezoned they do not feel it would be detrimental because there is commercial already in the area. Mr. Wrightman stated that Mr. Duggan is requesting a change of zoning but has nothing to offer in the way of plans and in his opinion the burden of proof that it would be better to change it to C-2 is on him. Mr. Duggan stated that one reason would be that there is commercial zoning north and south of this property. Mr. Tent stated that Mr. Duggan is asking for C-2 which would allow a high inten- sity of use and he could bring in almost anything. He stated the Commission has no way of safe-guarding the community against whatever he wanted to put in, but if C-1 had been requested the Commission would have a certain amount of control. Under this condition, he stated, he agrees with Mr. Wrightman. Mrs. Gladys Ward, 29221 Rayburn, stated she would like to thank the Commission for their interest in helping the residents who have been trying for four years to better the frontage here and that she knows it should go commercial, but would prefer C-1. 5418 Mrs. Dorothy Bruce, 29218 Broadmoor, stated they would have the same problem they have fought before in not knowing what is going in. She stated that she feels the Commission should deny the petition until something concrete is presented and that C-1 would probably be the best thing to go in there and it would be compatible to the church. There was no one else present wishing to be heard regarding this item. Mr. Walker, Chairman, stated the item will be taken under advisement. Mr. Urightman announced that the next two items on the agenda will be taken up together, which are Petition 68-7-2-17 by Hackenberger-Honner-Stucky requesting to rezone property located on Middlebelt between Broadmoor and Sunnydale in the Southwest 1/4 of Section 13, from RUF to C-2. and Petition 68-7-2-18 by Hacl;enberger-Honner-Stucky requesting a waiver use permit to construct a Kentucky Roast Beef restaurant on property located on the south side of Seven Mile, west of Middlebelt, in the Northeast 1/4 of Section 11. Mr. Ualker stated that a letter had been received from the petitioner requesting that these two petitions be taken under advisement because changes may have to be made in the proposed site. Mr. George Stucky, petitioner, was present and stated that they are proposing two take-out restaurants; the chicken restaruant to be strictly carry-out and the roast beef will have facilities for people inside. He requested that these items be taken under advisement at this time because the entire parcel is owned by one man and he is presently negotiating to do more development on this property. Mr. Walker stated that the item will be taken under advisement in consideration of the request and requested to know how long it will be before a plan can be presented. Mr. Stucky stated that that is hard to say but they expect to be back within a month and they will keep in touch with the Commission. Mr. Tent stated that the Commission is interested in the highest type of use in the Livonia Mall area and questioned if this is just the regular type restaurant or what is different about Kentucky Fried Chicken restaurants. Mr. Stucky stated this is a franchised and standard operation throughout the country, but his client is contemplating a rather large and nice-looking shopping center on this piece of property and the restaurants are a very small part of it. Mr. Tent stated he is opposed to a lot of small restaurants all along here be- cause it will be a regular "coney island strip." Mrs. Bushing, 18965 Melvin, stated she is very much opposed to this because there are numerous small restaurants in the area already that seem to be competing with each other and she thinks Livonia Mall deserves something better than a hamburger joint. 5419 Mr. Walker stated that some time ago this Commission worked hard with City officials to get the Livonia Mall in; the City got it and the Commission is proud of it. He stated the Planning Department has made a master plan showing how the land in this area can best be used so the Commission will fight all the way to get uses that will upgrade the area, not downgrade it. Mr. Tent stated that the Chrysler dealership and Holiday Inn developments across the street from the shopping center on Michigan in Dearborn blends in beautifully and suggested that Mr. Stucky's client take a look at it. There was no one else present wishing to be heard regarding this petition. Mr. Walker, Chairman, stated the item will be taken under advisement. Mr. Wrightman stated the next item on the agenda is the preliminary plat approval for Bai-Lyn Park Subdivision #8 proposed to be located in the Southwest 1/4 of Section 23. Mr. Walker referred to a letter from the Engineering Department setting out cer- tain conditions in regard to this proposed subdivision and asked if the petitioner is familiar with these conditions. Mr. Hull stated they are conversant with the letter and are here tonight. Mr. Barron, petitioner, was present and stated he is familiar with the require- ments outlined in the letter. Mr. Walker asked how soon he would be ready to start developing. IL: Mr. Barron stated they have been ready for a couple of years. Mr. Hull stated there is still the problem of the ordinance that is not as yet adopted and the Commission cannot act on this plat tonight but the public hearing can be held. Mr. Hull stated that the plat was rejected before because of engineering complications and because we did not think he did as much as he could to make the development compatible with the adjacent development, but the developer has since made changes in his plat. Mr. Tent questioned what the prices of these homes will be. Mr. Barron stated they will be 1,650 square feet for around $30,000 and a model of 1,800 square feet for about the same price. Mr. Fred Swan, 31114 Grennada stated that it is his understanding that the reason there has been no building on these lots in the past is the fact that the lots do not meet the proper requirements on depth. He stated he understood from the City Council that this problem has not been resolved and he generally feels, and it is the feeling of the Civic Association, that this should not be granted until the matter of the square footage is resolved. Mr. Walker stated this is the intent of the Commission; that this matter is now before the Council and it is expected that we will hear from them soon. He stated that the Commission will not take any action until the Council determines what action they are taking on the ordinance relative to this. Mr. Swan requested information regarding the homes. 5420 Mr. Barron stated they will have two-car attached garages and basements; the colonial will be brick on the first floor and aluminum on the second, and the ranch will be all brick. Mrs. Ralph Daniel, Jr. , 14007 Bainbridge, requested to know why the plat does not conform. Mr. Walker stated that there is now a piece of land that is not developed and it is between immovable objects and there is no way to get any more land. Mr. Hull stated that the Department has gone through to make every lot conform as closely as possible to the existing standards of the ordinance, not the proposed and wherever there were lots that could be increased, they have been increased and there has been a reduction in lots to make the plat conform as closely as possible, but due to the physical boundaries it is not possible in all cases. The question was raised as to whether there are any plans for the ditch running through the property. Mr. Nagy stated that the Engineering Division is working out an easement between l:;t 2 and 3 to handle the drainage on the back of the lots and this requirement will be imposed on this plat. There was no one else wishing to be heard regarding this item. Mr. Walker, Chairman, stated the item will be taken under advisement. ILMr. Wrightman announced the next item on the agenda is the preliminary plat r approval for Binder & Lark Estates Subdivision proposed to be ° located in the South 1/2 of Section 11. Mr. Walker stated there are letters in the file from the Engineering Division stating there are no problems and from the Fire Department regarding a turn- around. Mr. Hull stated that is not valid because this is not a dead-end street. Mr. Binder, representing the petitioners, was present and stated that this plat complies with all requir'"" :its of the RUF category and it is being submitted even though they feel the highest and best use would be for zoning of smaller lots, and is being done because they want to develop this subdivision immediately. He requested that the Commission withdraw Petition 68-7-1-25 for R-3 zoning. He familiarized the audience with the plans of this subdivision and stated their in- tent to save the trees and build homes that will run about $36,000 to $40,000. The lot sizes will run from 74' to 295' and 37 homes are proposed. Mr. R. Hennesy, 17451 Sunset, stated they are concerned about where the sewer will be put in on this property, and about drainage and traffic. Mr. Walker stated that the Commission has spent considerable time with these people and have highly upgraded this subdivision into a high calibre development. He stated he feels the Commission has done well in protecting the homeowners in this area. Discussion was held regarding the drainage handling of the area and easements. 5421 Mr. Binder stated there is an entire storm system for this area and we will not go across anybody's property, just their own, Mr. Tent stated that when the subdivision is put in they cannot throttle any water and any condition there now will be improved by this development. He stated that the Commission knows there is a water problem and that this gentle- man must correct that or he can't build. Mrs. Lorraine Mensch, 31020 Six Mile Road, questioned what they are going to do with the rear portion of her property and expressed a fear of being blocked in. She requested to know what happened to the man who, at one time, wanted to pur- chase her property and she had agreed to sell it. Also, why can't this developer put in a road so they can have the use of it. Mr. Colomina stated that no one is obligated to buy property and all the Com- mission can do is consider this plat--he does not own property south of the plat. Discussion was held regarding sizes of lots of the residences on the south of this subdivision and what could be done with the property that will be closed in. Mr. Walker stated that the first plat took in part of the lots on Six Mile and discussion was held regarding the possibility of acquiring lots on the north but that was not possible. He stated the Commission would have preferred that all of this land be developed including the rear of the lots on Six Mile. Mr. Binder stated that at the time they requested rezoning to 80' lots, the development included the property to the south because we were working with a module of 80' x 120' ; when they went to the 1/2 acre this was impossible because IL: if we took the back of their property we would get one or two lots per parcel and if we got the lots we couldn't develop without running another road through. He stated this would be impractical and when they went to 1/2 acre lots that precluded use of their property. Mr. Binder stated it was a man named Harry Wright who approached them regarding sale of their property and that he feels they have no right to complain of not being able to sell their lots any more than the people who buy his homes who will not be able to sell part of their 1/2 acre lots. He said he knows these people would like to sell but he doesn't feel he is under obligation regarding this. Mr. Wrightman stated that we are dealing with 1/2 acre lots and all of the lots in the plan he has presented must comply as 1/2 acre and if he would take parts of the lots in the rear on the south he would have to go to another type zoning in order to make it a practical subdivision, but the Commission is determined to hold this area in the 1/2 acre category. Mrs. L. Regioni, 31100 W. Six Mile, stated that a week after the last meeting here this man came and wanted to purchase her land and he said he could go into larger lots. Mr. Colomina stated that when this man was at the last public hearing he asked for R-3 zoning; the Commission talked to him at a study meeting and talked him out of R-3 because the people in the area did not want 60 houses built there. We talked him into 1/2 acre lots which is whht you said you wanted; now you say you don't want 1/2 acre lots. Mr. Moser stated that the Commission is not here to argue with citizens, but to help them and they are going to be happy with this subdivision. He stated that if the people are not satisfied with their property they can sell it, but this developer cannot buy it just because they want to sell it. 5422 Mr. Mel Lockey, 17463 Sunset, stated his belief that by letting Bobrich go through to Merriman, a drag strip will be created. Mr. Colomina stated the Commission has spent considerable time on this sub- division and has looked at it from every angle. Mrs. Joan Smith, a resident, was present and objected. There was no present wishing to be heard regarding this item. Mr. Walker, Chairman, stated the itetu will be taken under advisement. Mr, Wrightman announced the next item on the agenda is Petition 68-7-6-6 by the City Planning Commission to determine whether or not to amend Section 8,02(a) of the Zoning Ordinance pertaining to permitted uses in R-7 District Regulations, by adding retirement housing for the elderly; Section 8.04(a), (b) and (d) Minimum Development standards; and Section 8,07 by adding a new section entitled Enclosed Parking. There was no one present wishing to be heard regarding this item. Mr. Walker, Chairman, stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 68-7-6-7 by the City Planning Commission to determine whether or not to amend Section 18.38 of the Zoning Ordinance, by adding subsection (25) to include group commercial centers and housing for the elderly in the Off-Street Parking Schedule. There was no one present wishing to be heard regarding this item. Mr. Walker, Chairman, stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 68-7-6-8 by the City Planning Commission to determine whether or not to amend Section 27,04 of the Zoning Ordinance so as to include retirement housing for the elderly in the Permitted Uses in the n-8 District Regulations and increasing the floor area for conventional multi- family developments. There was no one present wishing to be heard regarding this item. Mr. Walker, Chairman, stated the item will be taken under advisement. Cn.a' motion duly made by Mr. Tent, seconded by Mr. Colomina, and unanimously adopted it was #9-102-68 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, September 17, 1968, at approximately 10: 50 p.m. (11: * * * * * * * * * * * * * * * * * * Mr. Walker, Chairman, called the 197th Regular Meeting to order at approximately 11:05 p.m. with approximately 40 interested persons in the audience. 5423 I Mr. Wrightman announced the first item on the agenda is Petition 68-8-1-34 by Michigan Home for the Aged Armenian, Inc., requesting to rezone property located on Middlebelt Road near Wentworth in Section 14, from C-2 and RUF to P.S. Mr. Walker, Chairman, stated this item will be taken under advisement. Mr. Tlrightman announced the next item on the agenda is Petition 68-8-1-35 by Thompson & Mier for Roger M. Aljuni, M.D. , requesting to rezone property located on Farmington Road and Curtis in Section 10, from RUF to P.S. On a motion duly made by Mr. Tent, seconded by Mr. Moser, and unanimously adopted, it was #9-103-68 RESOLVED that, pursuant to a public hearing having been held on September 17, 1968 on Petition 68-8-1-35 as submitted by Thompson & Mier for Roger M. Aljuni, M.D. , requesting to rezone property located on Farmington Road and Curtis in Section 10, from RUF to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 68-8-1-35 be denied for the following reasons: (1) The encroachment of P.S. and commercial zoning along mile roads interferes with their primary function of carrying large volumes of traffic and tends to cause a hazardous condition due to numerous points of vehicular ingress and egress. (2) This would constitute spot zoning because this proposed petition does not relate to any existing zoning or land use pattern in the area. (3) This proposed rezoning would constitute an encroachment into an existing residential neighborhood. (4) There are great quantities of vacant P.S. zoned land within the City. (5) This proposed zoning is in conflict with the Planning Commission's master plan for commercial and professional service development. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of August 23, 1968, 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. Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. 5424 Mr. Urightman announced the next item on the agenda is Petition 68-8-1-36 by Thomas E. George to rezone property located on Middlebelt between > Broadmoor and Sunnydale in the Southwest 1/4 of Section 13, from RUF to C-2, Mr. Walker stated that the representative for the petitioner has requested that his petition be amended from C-2 to C-1 and the item will be taken under advise- ment for further study. Mr.. Urightman stated the next item on the agenda is Petition 63-7-2-17 by Hackenberger-Hohner-Stucky requesting a waiver use permit to construct a Kentucly Fried Chicken carry-out restaurant on property located on the south side of Seven Mile, west of Middlebelt in the Northeast 1/4 of Section 11. Mr. Walker, Chairman, stated this item will be taken under advisement. Mr. Urightman announced the next item on the agenda is Petition 68-7-2-18 by Hackenberger-Honker-Stucky requesting a waiver use permit to construct a Kehtucly Roast Beef restaurant on property located on the south side of Seven Mile, west of Middlebelt, in the Northeast 1/4 of Section 11. Mr. Walker, Chairman, stated this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is preliminary plat approval for Bai-Lyn Park Subdivision #8 proposed to be located in the Southwest 1/4 of Section 23. Mr. Walker, Chairman, stated this item will be taken under advisement. Mr. Urightman announced the next item on the agenda is preliminary plat approval for Binder & Lark Estates Subdivision proposed to be located in the South 1/2 of Section 11. On a motion duly made by Mr. Tent, seconded by Mr. \lrightman, and unanimously adopted, it was #9-104-68 RESOLVED that, pursuant to a public hearing having been held on September 17, 1968, the City Planning Commission does hereby recommend to the City Council that the preliminary plat of Binder & Lark Estates Subdivision located in the South 1/2 of Section 11, be approved for the following reasons: (1) It is of sufficient calibre to justify our approval. (2) It is in conformance to all the ordinance requirements of the City. FURTHER RESOLVED, notice of the above public 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, Superinten- dent of Schools, Fire Department, Police Department and Parks and Recreation Department. Mr. ?talker, Chairman, declared the motion carried and the foregoing resolution is adopted. 5425 Mr. Wrightman announced the next item on the agenda is Petition 63-7-6-5 by the City Planning Commission to determine whether or not to amend Section 2.07 (1) of the Zoning Ordinance by adding retire- ment dwelling units for the elderly and setting minimum floor areas of all types of multi-family structures. On a motion duly made by Mr. Colomina, seconded by Mr. Moser, and unanimously adopted, it was: #9-105-68 RESOLVED that pursuant to a public hearing having been held on September 17, 1963 on Petition 68-7-6-5 as submitted by the City Planning Commission on its own motion to determine whether or not to amend Section 2.07 (1) of the Zoning Ordinance by adding retirement dwelling units for the elderly and setting minimum floor areas of all types of multi-family structures, the City Planning Commission does hereby recommend to the City Council that Petition 68-7-6-5 be approved for the following reasons: (1) This is a necessary tool to help regulate the orderly growth and development of our City. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of August 28, 1968, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Rail- way Company, Michigan Bell Telephone Company and Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Urightman announced the next item on the agenda is Petition 68-7-6-6 by the City Planning Commission to determine whether or not to amend Section 8.02 (a) of the Zoning Ordinance pertaining to permitted uses in R-7 District Regulations, by adding retirement housing for the elderly; Section 8.04 (a), (b) and (d) Minimum Develop- ment Standards; and Section 8.07 by adding a new section entitled Enclosed Parking. On a motion duly made by Mr. Urightman, seconded by Mr. Heusted, and unanimously adopted, it was #9-106-68 RESOLVED that, pursuant to a public hearing having been held on September 17, 1968 on Petition 68-7-6-6 as submitted by the City Planning Commission to determine whehter or not to amend Section 8.02 (a) of the Zoning Ordinance pertaining to permitted uses in R-7 District Regulations, by adding retirement housing for the elderly; Section 8.04 (a) (b) and (d) Minimum Development standards; and Section 8.07 by adding a new section entitled Enclosed Parking; the City Planning Commission does hereby recommend to the City Council that Petition 68-7-6-6 be approved for the following reason: (1) This is necessary tool to help regulate the orderly growth and development of our City. 5426 Mr. Urightman announced the next item on the agenda is Petition 68-7-6-7 by the City Planning Commission to determine whether or not to amend Section 18.38 of the Zoning Ordinance, by adding subsection (25) to include group commercial centers and housing for the elderly in the Off-Street Parking Schedule. On a motion duly made by Mr. Wrightman, seconded by Mr. Colomina, and unanimously adopted, it was #9-107-68 RESOLVED that, pursuant to a public hearing having been held on September 17, 1968 on Petition 63-7-6-7 as submitted by the City Planning Commission to determine whether or not to amend Section 18.38 of the Zoning Ordinance by adding subsection (25) to include group commercial centers and housing for the elderly in the Off- Street Parking Schedule, the City Planning Commission does hereby recommend to the city Council that Petition 68-7-6-7 be approved for the following reason: (1) This is a necessary tool to help regulate the orderly growth and development of our City. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of August 23, 1968, 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. Mr. Ualker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 68-7-6-8 by the City Planning Commission to determine whether or not to amend Section 27.04 of the Zoning Ordinance so as to include retirement housing for the elderly in the Permitted Uses in the R-8 District Regulations and increasing the floor area for conventional multi- family developments. On a motion duly made by Mr. Tent, seconded by Mr. Wrightman, and unanimously adopted, it was #9-108-68 RESOLVED that, pursuant to a public hearing having been held on September 17, 1968 on Petition 68-7-6-3 as submitted by the City Planning Commission to determine whether or not to amend Section 27.04 of the Zoning Ordinance so as to include retirement housing for the elderly in the Permitted Uses in the R-8 District Regula- tions and increasing the floor area for conventional multi-family developments. The City Planning Commission does hereby recommend to the City Council that Petition 68-7-6-8 be approved for the following reason: (1) This is a necessary tool to help regulate the orderly growth and development of our City. r 5427 FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of August 28, 1968, 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. Mr4 Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr' t'Jrightman announced the next item on the agenda is Petition 68-7-2-14 by Super Slide East, Inc► , requesting to be granted a waiver of use permit to erect a super slide and to maintain and operate slide in Wonderland Center in the Northeast 1/4 of Section 35. On a motion duly made by Mri Moser, seconded by Mr. Urightman, and unanimously adopted, it was #9-109-68 RESOLVED that, pursuant to a public hearing having been held on August 27, 1968 on Petition 68-7-2-14 as submitted by Super Slide, East, Inc. , requesting to be granted a waiver of use permit to erect a super. slide and to maintain and operate the slide on property located in Wonderland Center in the Northeast 14/ of Section 35, the City Planning Commission does hereby recommend to the City Council that Petition 68-7-2-14 be approved subject to the following conditions: `. (1) That the area have a permanent parking ratio of twenty cars assigned to this specific use. 111:1; (2) That the area be fenced and that supervision be provided while the slide is in operation. (3) That the petition be granted only for a period of three years. for the following reason: (1) It will help to increase the stability and sales volume of •Wonderland Center. 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. Walker, Chairman, declared the motion carried and the foregoing resolution adopted, it was #9-110-68 RESOLVED that, the City Planning Commission, pursuant to Section 25.02 of Ordinance No. 543, the Zoning Ordinance, as amended, does hereby recommend that site plan approval be granted for the Hines Park Motel to be located on the south side of Plymouth Road at the intersection of Ann Arbor Road and Plymouth Road in the Northwest ° 1/4 of Section 32 subject to the following conditions: (1) That Site Plan #6855 be adhered to. 5428 (2) That the building be constructed as reported on 1[0: Architectural Plan #6855, dated 5/20/68. (3) That the landscaping be installed, based upon Land- scape Plan #6855, within two years after the building permit has been issued. for the following reason: (1) The plan is of sufficient calibre to justify our approval. Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Urightman announced the next item on the agenda is Petition 68-6-1-20 by Hearthside, Inc. , requesting to rezone property located on the south side of Broadmoor Last of Middlebelt Road in the Southwest 1/4 of Section 13, from RUF to P. The petitioner stated they are agreeable to any traffic control device to prevent traffic from going up that street, but they are not agreeable to completely blocking off access to Broadmoor and wondered if it would be possible to have a sign installed stating "no commercial truck traffic". Mr. Perry, Assistant City Attorney, stated that the only things this Board should 1E: be concerned with is the question of rezoning and if there is a traffic problem that would be the responsibility of the Traffic Commission. In addition, he stated, commercial vehicles cannot use Broadmoor and if they do, the should be ticketed. He stated that he believed it would be possible to post Broadmoor for no through traffic but this would be up to the Traffic Commission. On a motion duly made by Mr. Urightman, seconded by Mr. Moser, and unanimously adopted, it was #9-111-68 RESOLVED that, pursuant to a public hearing having been held on July 23, 1968 on Petition 68-6-1-20 as submitted by Hearthside, Inc. , requesting to rezone property located on the south side of Broadmoor east of Middlebelt Road in the Southwest 1/4 of Section 13, from RUF to P. , the City Planning Commission does hereby recommend to the City Council that Petition 68-6-1-20 be approved for the following reasons: (1) The zoning would now become coterminous with the property lines of the area. (2) This zoning will not substantially increase the intensity of use upon this parcel of land. (3) Parking zoning is a logical transitional use between residential development and commercial development. 104 (4) Sufficient safeguards have been provided to protect the stability of the adjacent area. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of July 3, 1968, and notice of such hearing was sent to the 5429 Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and /City Departments as listed in the Proof of Service. Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 68-7-2-13 by Chick-N-Joy Systems, Inc. , requesting to be granted a waiver use permit to build a carry-out restaurant on a portion of Parcel Cld2 located on the south side of Plymouth Road between Milburn and Middlebelt in the Northwest 1/4 of Section 35. On a motion duly made by Mr. Tent, seconded by Mr. Wrightman, and unanimously adopted, it was #9-112-68 RESOLVED that, pursuant to a public hearing having been held on August 27, 1968 on Petition 68-7-2-13 as submitted by Chick- N-Joy Systems, Inc., requesting to be granted a waiver use permit to build a carry-out restaurant on a portion of Parcel Cld2 located on the south side of Plymouth Road between Milburn and Middlebelt in the Northwest 1/4 of Section 35, the City Planning Commission does hereby recommend to the City Council that Petition 68-7-2-13 be denied for the following reasons: (1) There are ten existing eating or carry-out establish- ments within a 1/2 mile radius of this petition. (2) The relationship of this facility to the existing and proposed commercial development could adversely effect it. (3) The proposed use would not be in harmony and appropriate with the orderly development of the surrounding area. (4) The location and size of the proposed use, the nature and intensity of the principal use and accessory uses, the site layout and its relationship to streets giving access, shall be such that the traffic to and from the use and assembly of persons in conjunction with the use, will be hazardous and inconvenient to the area and could conflict with the heavy traffic volume of the area. (5) The location of the building and its accessories will be such that the proposed use could have a detrimental effect upon the neighboring property and the neighboring area in general. It may impair the value of the neighboring property and discourage the appropriate development and use of the adjacent land or building. FURTHER RESOLVED that, 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. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. 5430 Mr. Walker stated that as a matter of record this was viewed by the Commission and interpreted as a drive-in restaurant. Mr. Wrightman announced the ne::t item on the agenda is Petition 66-2-1-2 by Charles G. and Genevieve Mr. Brown requesting to rezone property located south of Plymouth Road and east of Levan in the Northeast 1/4 of Section 32, from RUF to C-2. On a motion duly made by Mr. Tent, seconded by Mr. Moser, and unanimously adopted, it was #9-113-68 RESOLVED that, pursuant to a public hearing having been held on March 0, 1966, on Petition 66-2-1-2 as submitted by Charles G. and Genevieve M. Brown requesting to rezone property located south of Plymouth Road and east of Levan in the Northeast 1/4 of Section 32, from RUF to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 66-2-1-2 be denied for the following reasons: (1) There is a great quantity of unused commercial zoning in the City and especially in this sector of the City. (2) The petition, as applied for, would be in conflict with the adjacent residential neighborhood and could adversely effect its stability. (3) This additional large quantity of commercial zoning could contribute to the congestion of traffic along Plymouth Road. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of February 14, 1966, 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. Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 68-6-5-2 by Gary Butler requesting to remove excess sand from property locatdd approximately 1300 feet west of Gill Road, north of Schoolcraft Road, in the Southwest 1/4 of Section 21. (Stark Gardens Subdivision). On a motion duly made by Mr. Colomina, seconded by Mr. Tent, and unanimously adopted, it was #9-114-68 RESOLVED that, pursuant to Section 18.13B of Ordinance No. 543, the Zoning Ordinance, the City Planning Commission does hereby deny Petition 68-6-5-2 by Gary Butler requesting to remove excess sand from property located approximately 1300 feet west of Gill Road, north of Schoolcraft Road, in the Southwest 1/4 of Section 21, be denied for the following reasons: 5431 (1) The petitioner has not furnished satisfactory information to determine whether or not the removal of sand would adversely effect the balance of earthwork in this sub- division. (2) The removal of sand could adversely effect the calibre and quality of this proposed development. Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 68-6-1-19 by Botsford Realty Company for Joseph and Nann Dudzik requesting to rezone property located south of Norfolk between Farmington and Shadyside in the Northwest 1/4 of Section 3, from R-3-A to P.S. On a motion duly made by Mr; Wrightman, seconded by Mr. Moser, and unanimously adopted, it was #9-115-68 RESOLVED that, pursuant to a public hearing having been held on August 27, 1968 on Petition 68-6-1-19 as submitted by Botsford Realty Company for Joseph and Nann Dudzik requesting to rezone property located south of Norfolk between Farmington and Shady- side in the Northwest 1/4 of Section 3, from R-3-A to P.S., the City Planning Commission does hereby recommend that Petition 68-6-1-19 be denied for the following reasons: (1) The intrusion of nonresidential use in this area could effect the stability of the adjacent residential neighborhood. (2) This petition would truly constitute spot zoning inasmuch as the site is physically small and unrelated to the zoning and land use pattern of the general area. (3) The intrusion of traffic onto the mile road and onto the adjacent residential street could deter the movement of traffic in this sector of the City. (4) The granting of this petition could hinder the development of lands to the east. (5) This parcel and adjacent parcels are presently designated for residential use. This nonresidential use could alter the development pattern of the area. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of August 7, 1968, 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. Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. 32 Mr. Wrightman announced the next item on the agenda is the withdrawal54of Petition 68-7-1-25 by James D. Lark of Binder & Lark Building Company requesting to rezone property located on the east side of Merriman Road, approximately 760 feet north of Six Mile Road in the Southwest 1/4 of Section 11, from RUFC to R-3-B. On a motion duly made by Mrd Moser, seconded by Mr. Tent, and unanimously adopted, it was #9-116-68 RESOLVED that, pursuant to a public heating having been held on August 13i 1968 on Petition 68-7-1,25 as submitted by James D. Lark of Binder & Lark Building Company requesting to rezone property located on the east side of Merriman Road, approximately 760 feet north of Six Mile Road in the Southwest 1/4 of Section 11, from L UFC to R-3-B; and pursuant to a request from the petitioner to withdraw said petition, the City Planning Commission does hereby determine that the withdrawal of Petition 68-7-1-25 is approved. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of July 24, 1968, and notice of such hearing was sent to the Detroit Edison Company, Consumers Power Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company and City Departments as listed in the Proof of Service. f Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 68-7-2-11 by Diane Seaman, Pastor of Unity of West Suburbia Church, requesting to be granted a waiver of use permit to expand the present church building onto a portion of Parcel 11JJ1 located on the south side of Curtis Road, west of Middlebelt in the Southeast 1/4 of Section 11. Mr. Thomas Kowalsky, representing the church, stated that is their intent to purchase a portion of property in order to give them the additional land needed to expand the church facility and sufficient parking to enable them to abide by the ordinance of the City. He stated the proposal submitted to the Commission represents a structure that will go up within about five years. He said that in order to have land available it was necessary to purchase land immediately adjacent to them and that they had anticipated getting land earlier but the Commission felt it would be more suitable if they could get land adjacent to the existing.propertY. He stated they have made arrangements to obtain such property and the intent is to build a new structure which will add tremendously to the area; the area immediately facing Curtis to be land- scaped to approximately 100' back. He stated the homes will be utilized as classrooms temporarily. - Mr. Colomina stated that at the last meeting the capacity was 450 people; now e the church is smaller and the capacity is 256. ille+ Mr. Leonard Newlon questioned if there is any reason for this church to be put here instead of on a mile road and stated that they are asking to increase a nonconforming use. He requested that the Commission deny the request. 5433 Mr. Tent stated that if Mr. Newlon recalled, the last time there was a hearing on this, the Commission was opposed to the parking asked the church at that time to find another location; theyross saidthe theytreet and could acquire any additional property. He said he stated to them then that if they not could not acquire any additional property they couldn't park across the street Now, he stated, they have found some additional property and have come in with�a petition to expand and take care of the .'puoblem of parking. • Mr. Walter Brosey, 18202 Melvin, stated this land has become a meeting place for motor scooters, etc. , and is a hazard to the children in the area. Mr. Tent questioned if they have any problems with the school in the area. Mr. Newlon stated, yes, they do. Mr. Walker questioned if these people using the parking lot, live inneighbor- hood. the nei g or- Mr. Newlon stated that is hard to say, but the motor scooters are from the e nei gh- Mr. William Maggio, 30055iCurtis, stated they are not complaining against the church but against the petition because they are operating now in three differ buildings on the present site, and on the land theyothe three buildings so they will be operating the church pinpsix buildingsurchasfor e sfive thr years, and in five years they may not have the funds to build. He stated that it would be different if they were tearing down what they have now and building anew; and if the parking area is increased it will be detrimental to the other homes in the neighborhood which are well-kept. He said they are not in conformitywith he ordinance now because they do not have enough r the have. g parking area for the members they Mr. Tent stated that it was the Commission that turned down the parking request and stated that the people in the neighborhood do deserve an answer as to what is going to happen and when. He questioned if Mr. Kowalsky would be in a position to make a statement as to when he would see his way clear to build the church. Mr. Kowalsky stated that the buildings they are using are not the buildings they put up; they have been there for years. He stated plans have been submitted to the Commission showing the proposed structure and they have submitted a statement to the effect that they will build within five years; they have also made provision for an easement for flood control and they will landscape the front of the property, Mrs. A. Fiegle,18725 Doris, stated her objections to this petition. Mr. Leo Cotter, 29739 Curtis, stated he shares the opinion of his neighbors and believes there is a hodge-podge of buildings being used for a use they were not designed for and by allowing these people to increase their plans will be increasing the problem. Mr. Frank Dziewit, 18214 Melvin, submitted a petition containing signatures of 100 people who object to this petition and requested to be notified of any further meetings regarding this petition. There was no one else present wishing to be heard regarding this petition. Mr. Walker stated the item will be taken under advisement. I 5434 Mr. t lrightman announced the next item on the agenda is Petition 68-8-5-3 by Angelo Diponio requesting to remove topsoil from property located in the Northeast 1/4 of Section 18 and the Southeast 1/4 of Section ,, 17. The Petitioner was not present. Mr. Walker stated letters making recommendations of conditions of approval re- garding this petition had been received from the Engineering Division and the Police Department. Mr. Tent questioned what depth the petitioner is going to. Mr. Hull stated there are plans in the file which show this and he didn't see any excavations on the plan that would be over 2' and the plan ties the petitioner down. There was no one else present wishing to be heard regarding this item. Mr, Walker, Chairman, stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is the approval of minutes of the Planning Commission held on June 11, 1968; July 2, 1968; July 23, 1968 and August 13, 1968. On a motion duly made by Mr. Wr. ightman, seconded by Mr. Colomina, and unanimously 110 adopted, it was #9-117-68 RESOLVED that, the minutes of the meetings held by the City Planning Commission on June 11, 1968; July 2, 1968; July 23, 1968, and August 13, 1968, are hereby approved. Mr. Walker, Chairman, declared the motion carried and the foregoing resolution is adopted. On a motion duly made by Mr. Moser, seconded by Mr. Colomina, and unanimously adopted, the City Planning Commission adjourned its 197th Regular Meeting held on September 17, 1968, at approximately 12:25 a.m. September 18, 1968. CITY PLANNING COMMISSION C.:::: ( fr Harry Wright n, Secre 7y ATTEST: 2 eV Charl s W. Walker, Chairman