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HomeMy WebLinkAboutPLANNING MINUTES 1969-01-14 5499 • MINUTES OF THE 201s* REGULAR MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COK\a SION OF THE CITY OF LIVONIA 'OnTuesday, January 14, 1969, the City Planning Commission of the City of Livonia 1'; held its 201st Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Raymond W. Tent, Chairman, called the public hearing to order at approximately, 8:30 p.m. with approximately 65 interested persons in the audience. Members present: Raymond W. Tent Harry Wrightman Robert Colomina Donald Heusted Marvin Moser Frank Santo Joel LaBo ' Members absent: Charles W. Walker Messrs. Don Hull, Planning Director; John J. Nagy, Assistant Planning Director; Ralph Bakewell, Planner III; Al Easton, Assistant City Attorney; Daniel R. Andrew, Industrial Development Coordinator, were also present. Mr. Wrightman announced the first item on the agenda is Petition 68-11-1-42 by Richard E. Gabel and Edward C. Levy, Jr. requesting to rezone property located on the north side of Schoolcraft Road near Stark Road in the Southwest 1/4 of Section 21, from R-2 to R-7. Mr. Tent stated that the petition before the Commission tonight is for a zoning change only at this time and the Commission will determine whether or not this petition is valid insofar as zoning to R-7 is concerned and at a later date a site plan will be submitted if the R-7 zoning is granted. He stated there are letters in the file; one from the Engineering Department stating there is a drain- age problem connected with the petition, and one from the Inspection Department regarding the possibility of yard deficiencies. • Mr. Joseph Gerack, 8015 Adams, representing the petitioners, was present and stated the reasons for requesting the rezoning of this parcel for multiples is the location of the I-96 Freeway; the relative isolation of the parcel from other development; the condition of the soil which precludes any building without excessive foundation costs, and the need for housing which would compliment the general area. He stated an analysis had been made and indicated there is a need for apartments in Livonia. Mr. Wrightman questioned if the petitioners own this property and if .they would be desirous of developing it at its present zoning. Mr. Gerack stated they own the property and that they investigated and found it would be almost impossible to develop it as single family because of the considerable amount of property which cannot be built upon without excessive foundation cost un- less they went into a slab construction which would be undesirable. Mr. Tent questioned how many units are proposed. Mr. Gerack stated they would like to stay about 20% below what the authorized density would be. • Mr. Hull stated his proposal is for 436 units which would be the largest in the City of Livonia and would be approximately 12 units per acre. He stated our • • 5500 Ordinance permits 12 to 15 units per acre depending upon the number of bedrooms and the skill of the designer. Mr. Tent questioned Mr. Gerack regarding the market analysis which indicated a I: need for apartments in Livonia. a Mr. Gerack stated the analysis indicated Livonia has a tremendous demand for this type of housing. Mr. Tent stated this is contrary to the studies the Commission has made and it seems the trend now is that 40% of all the building permits are for apartments because more homes can be put on per acre, and he wondered if Mr. Gerack was using that trend. , Mr. Gerack stated the actual market analysis was conducted based on need and industrial development. Mr. Tent stated the reason for his questioning is that on the City's Master Plan certain sections have been zoned to R-7 and no one is building apartments there and this is why he is curious as to why Mr. Gerack has picked this area. Mr. Gerack stated their analysis showed that a much higher need with respect to college people and older couples and this site was approved for multi-family. Mr. Wrightman stated the Commission just concluded a long discussion relative to 1400 square feet developments and that one plan has just been turned down by a financial institution because it was felt that a 1400 square foot development was too large and too expensive. Mr. Gerack stated that that would depend on the financial institutions. IL: Mr. Wrightman questioned if an analysis had been made on single-family residential also. • Mr. Gerack stated, yes, and that based on that and the number of lots that could be developed it is almost impossible; the development costs would offset any investment by the developer. Mr. Santo questioned if Mr. Gerack's financial people had said that this particular area needs multi-family housing. Mr. Gerack stated they only say there should be a certain percentage of multiples in Livonia. Mr. LaBo stated that multi-family zoning does not go with the Master Plan of the City but if he thought they could not build single-family there he might reconsider and wondered if the matter should be tabled until this could be checked. Mr. Gerack stated that while it may not conform to the Master Plan . . . and he believes that is a general guide and things are changing, the freeway will have an effect on the community and this might be the kind of transitional use that will be needed. He stated soil borings were made to determine the soil conditions; without extensive improvements it could not be built on; multi-family will allow the greatest flexibility. fible Mr. LaBo stated there, has never been a problem finding builders to build houses in Livonia. 5501 Mr. Moser stated that any market analysis will indicate that we should have more apartments, but that: is not in the Commission's plan for the area. Mr. Kenneth McDonald, 14526 Ronnie Lane, representing Biltmore-Meadows Civic ' Association and Sunnyside, Greenbriar, Madonna and Idylwyld, was present and stated he represents about 1,000 single-family homes, and he does not feel apartments should go in this area. Mr. George Chapman, 34160 Schoolcraft, stated he owns adjacent property on the east side of this parcel and he objects to these apartments. Mrs. A. Valentine, 34140 Schoolcraft, stated she would be right next to these apartments and she does not want them because they will depreciate her property. She said this is part of the school property and she would like it to stay that way. Mr. Tent questioned if she has a basement in her home. Mrs. Valentine stated, no. Mr. Colomina questioned Mrs. Valentine regarding her feeling concerning the freeway coming through. Mrs. Valentine stated they would rather not have it but there is so much traffic on Schoolcraft, if it is depressed it will enhance the property. Mr. Gerack statedhe would like to defend the need for multiple housing and whether the location should be in one part of the City is a planning concept, and we also try to achieve a certain balance in the community. He stated the people who we are L providing this housing for may live in single family today but it will be impossible to build a home that a young couple can buy and they would like to build housing for young couples and also older couples. He said most of the better quality develop- ments are such that you have a high type of clientele, and this will be a closed type of development with a guard at the gate and actually, it becomes an individual community. There was no one else present wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 68-11-1-43 by Trinity Baptist Church requesting to rezone property located on Middlebelt Road, near Jamison Avenue, in the Northwest 1/4 of Section 24, from RUF to R-7. Mr. Tent stated this R-7 is for an apartment-type unit for elderly citizens and their proposal is that the apartment units would be part of the church operation and would cater to the elderly people of that congregation. Rev. Adams, representing the petitioners, stated this seems to them to be the logical step in land utilization that will complete an 18-acre tract and that the P.S. to the north and west is for the Middlebelt Nursing Center, and the area to the east is occupied by St. Genevieve. He stated this will complete four institutions and the 18 acres occupied by these four institutuions will enhance the entire terneighborhood and, because of the compatibility of these institutions, should in- 4 crease the property valuations. He said this is proposed on a non-profit basis 5502 and is being proposed to meet a need that is rather obvious to all; to provide housing for elderly people. lie stated they are proposing 40 units only and 2/3 of the units will be limited to one individual of retirement age or older and that the program they are planning is the same as the City of Livonia is planning for the Seven Mile-Middlebelt area. He stated the development is proposed to be over one-half million dollars and the overall design being proposed will be quite like the ranch-type brick homes on the south. Rev. Adams showed a model of the proposed development to the Commission and audience stating they will be one- story units and no children will be accommodated. Mr. Wrightman requested to know how people will qualify in order to occupy these units, and if they all come from Rev. Adam's Church. Rev, Adams stated no, this will be developed under a direct loan program of Act 202, Federal Housing and Development, which has certain criteria and it cannot be restricted to his congregation. He stated the federal govenment insists that there be three times as many people on a list who have indicated a desire to live in such a development if it is constructed, than they can accommodate. He said he has a list of 120 names already and can only hope to accommodate 40. Mr. LaBo asked for an explanation of the community council as referred to in item #7 of a "pertinent information" sheet submitted by Rev. Adams. Rev, Adams stated that the development would be administered by a non-profit corporation made up of seven men of the Trinity Baptist Church; they would be responsible for the administration of the home. He stated the Council of five persons would have direct liaison with the public. Mr. Moser questioned who has ownership of the property. Rev. Adams stated the Trinity Baptist Church. Mr. Moser questioned who would carry on the home in the event Rev. Adams should leave the parish. Rev. Adams stated the primary administration of this home will rest in the hands of the seven men who make up the non-profit organization; they would be responsible for the administration of it and for payment of the loan to the federal government, and there would be no problem if he were to leave. Mr. Moser requested to know where the people on the list are from. Rev. Adams stated many are from the area of their original church location but some are from Redford and other areas. Mr. Tent stated that it was his understanding when this began and when Rev. Adams was questioned regarding where these people would come from, that they would come from Rev. Adam's own congregation and that he had enough people to fill it up and eventually he would go into the Detroit area. Now, he stated, the Commission does not know who will fill this development. Rev. Adams stated that the government says they cannot restrict this to their people or to Baptist people. Mr. Tent stated that that is how he had understood it to be. 1E; Mr. Moser stated that with federal money they have to leave it open to everybody. • 5503 Mr. Tent stated that the City does not have a zoning for senior citizens housing so the Commission asked for a letter stating that this will never be sold as a conventional R-7 development and the church has compliea with this request. d Rev. Adams stated that to have this for senior citizens is their intent and he assured the Commission that there is no other intent. Mr. Wrightman questioned how long their obligation with the government is. Rev. Adams stated they are making loans up to fifty years and they would make this for this longest period and by having at least fifty years the con- gregation would not be able to do anything as Mr. Tent suggested with this housing. Mr. Topoleski, 29103 Barkley, questioned why must they go to the federal govern- ment if the City is working on a project for senior citizens. Mr. Tent stated this is a private unit. Mr. Topoleski stated, but the federal government is going to run it and they will have everthing to say about it and they can bring in any kind of people to live in it. Mr. Topoleski questioned about the traffic that this will create. Mr. Tent stated that the drawing submitted by Rev. Adams indicates what they plan to do with traffic and that these apartments are for people who can't get around. He stated that the City has ordinances that require adequate parking facilities and from that standpoint he believes this will be a lesser problem. Mr. LaBo stated there will be 40 units and 81 parking spaces. Mr. Wrightman stated that housing for senior citizens has not kept up with the demand and will not be caught up for many years and these private develop- ments will help provide housing for senior citizens until the City can get enough, Mr. Joseph Chissell, a resident stated he believes this would detract from his property and lower the valuation. Mr. Moser stated he doesn't believe that property valuations will decrease, but increase. Mr. LaBo stated that right now this church property is non-taxable and as soon as shnething is put on it the property will go on the tax roll and the City and school will collect taxes on it. Mrs. Eleanor Jacobs, 14369 Brentwood, stated that more apartments in the City of Livonia will be a tax deficit and that Middleblet does not need any more traffic. She stated she does not believe this will benefit Livonia. She questioned if Rev. Adams has a guarantee from the federal government and if he has an application on file for this housing devlopment. Mrs. Jacobs stated that the application could be turned down and then any apartment development could be put up. Rev. Adams stated that Mr. Tent has said that nothing but a senior citizens development could go in on this site. Mr. Tent stated that there is no zoning for senior citizens at this point and that the Commission has a letter and this zoning is contingent upon this develop- ment. He stated the Commission is concerned about the R-7 but an apartment here for senior citizens will not throw any more children into the school system. 5504 • Rev. Adams stated that if the letter on file with the Commission is not legal., his Church Board will complete whatever document is necessary to assure the City of their intent. 101 Mr. Tent read the letter from the file which was dated January 16, 1969 and t signed by the Officers and Trustees relative to the intent of use of this site. Mr. William Melcher, 29130 Barkley, stated he is opposed to this petition. Mr. Charles Serafa, 29055 Lori, stated he believed this is a good thing for our senior citizens, but he stated this corner has been a constant struggle; there is R-7 zoning around this area and he thinks a senior citizens development here would be out of place. There was no one else present wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 68-11-2-25 by Tony Car for Tru-Wall Construction Company, requesting a waiver of use permit to build an industrial building on property located on the east side of Farmington Road and north of the Chesapeake & Ohio Railway, in the Northwest 1/r of Section 27. Mr. Car, petitioner, 2354 Dorchester Road, Detroit, was present and stated he plans to put a building here that will beautify the City of Livonia. Mr. Car showed a plan to the Commission. Mr. Hull stated that since the last submission a landscape plan which the te Commission requested has been submitted and the quality of green area and the quantity of open area has been increased. He stated the plan is of higher calibre now than when the Commission last reviewed it and Mr. Car has reduced the amount of parking. i Mr. Tent read a letter contained in the file from Scans Associates, Inc. dated January 10, 1969 which conveyed that Company's feeling that this proposed build- ing will be an asset to the Industrial Subdivision and to the community. ' i There was no one else present wishing to be heard regarding this item. 4 Mr. Tent, Chairman, stated the item will be taken under advisement. o Mr. Wrightman announced the next item on the agenda is Petition 68-12-2-26 by i Paul B. Fried of Austin Oil Corporation requesting to be granted a waiver of use permit to erect and operate a gasoline service station on property located on the southwest corner of Merriman Road and Eight Mile Road in the Northeast 1/4 of Section 3. i Mr. Tent stated there is a letter in the file from the Engineering Deparment i which indicates that there are two problems connected with this site; there is no sanitary sewer and no storm sewer available to the site. Mr. Donald Deremo, Attorney representing the petitioner, stated he has no knowledge i of the problems mentioned by Mr. Tent. He stated that C-2 zoning was obtained i from the Council and they now propose to erect a gas station on this site so 1 5505 are before the Commission for a waiver of use approval. Mr. Deremo submitted photographs to the Commission and stated he feels this will add to the area. Mr. Tent questioned if Mr. Deremo has a picture of the type of station that he is proposing to construct on this site. I Mr. Deremo stated no, but it will not be like the Plymouth-Levan station; this will be set back on the property. Mr. Rosenthal, Austin Oil Corporation, stated he thinks the Commission objects to the Plymouth-Levan station because of the size and the canopy style, but this proposed station will be set back on the property. Mr. Tent stated that the most serious thing that has come to the Commission's attention is the sewer problem and he is surprised it hadn' t been checked into by now. Mr. Deremo questioned if the sewers are not available because of the split of this property. Mr. Tent read the letter from the Engineering Department and stated it would take about two years for sewers and a waiver use is good for only one year. Mr. Deremo stated they would have their Engineer look into this problem. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is petition 68-12-2-27 by tof Rodney Kropf, Attorney for St. Paul's Evangelical Lutheran Church, requesting to be granted a waiver of use permit to construct a new church building, day school and gymnasium, parsonage and teacher's quarters on property located on the east side of Farmington Road, south of Curtis Avenue in the Southwest 1/4 of Section 10. Mr. Rodney Kropf, representing the petitioner, was present. Mr. William Lindhout, Architect, was present and began a showing of slides of the site on which they propose to build. Difficulties prevented showing all slides and the presentation was continued by displaying architect's renderings on an easle. Mr. Lindhout also showed enlarged drawings on the floor plan and proposed elevations. Mr. Tent asked if they have plans for a road. Mr. Kropf stated they have no plans to put any kind of a road from this property back into the subdivision; there will be a play area for children which will be fenced. Mr. Joseph Lang, 32970 Northgate, was present in behalf of the Burton Hollow Woods Civic Association and questioned if the Church owns the property at the present time and what type of fencing is planned. Mr. Kropf stated they have an offer to purchase this piece of property and what- ever is allowable by City Ordinance for this type of area will be the type of fence constructed. 5506 Mr. Lang stated that they are opposing the petition for use other than residential and that he would like it understood they are not opposing any particular group of people or organization; their objection is primarily that the ten acres here is only part of an approximately twenty-acre plat of vacant property and when- ever pieces of a particular plot of ground is rezoned this closes the door for further residential areas. He stated the twenty acres is bounded primarily on three sides by residential homes and they had hoped someday it would be residential. He stated they agree with the Planning Commission objectives that Farmington Road be designated for single-family homes and any change of zoning will defeat this objective; they appreciate the Commission's denial for additional P.S. zoning on Farmington, south of Curtis and the residents of this Subdivision anticipated that any vacant land in this vicinity would retain the single-family zoning classification and they feel that any change in zoning to other than residential will depreciate the property values of these homes which are built on premium- priced lots. Mr. Lang further stated the people of the area are concerned about the potential increase in traffic since they already have a large church complex in the area along with a public high school, shopping center, and professional center. He requested to be notified of any further meetings regarding this matter. Mr. Tent stated he has been called by a number of people in the area and the thing they objected to is the monstrosity of the complex; they don't want all that, but as far as the church is concerned, they didn't object to that. He questioned if Mr. Lang is now saying that he is in favor of strictly a residential zoning. Mr. Lang stated yes, their intention and their hopes have been that this property be retained for residential purposes; they don't see why it should be considered for any other purpose and if just the Church was being considered, they would have less objections but as soon as you close off a part of the area, you are restricting 41104 the balance of the area from residential use. 1E; Mr. Hull stated that with cul-de-sacs it could be developed into residential lots. • Mr. Tent stated this was considered before and the adjacent property could be developed into a subdivision and the existing zoning could be retained. Mr. Lang stated he doubted that a developer would develop nine acres. Mr. Tent stated the Commission doesn't want to put anything into the area that would detract from it and anything going in there would have to be of high calibre and that the land there would be compatible to what the Master Plan shows. Mr. Lang stated they want to see residential homes in that area and other property in Livonia could be used for this purpose and interfere less with prime residential areas. Mr. Santo questioned if this is a general consensus of the Association membership or is this an action by the Board. Mr. Lang said this subject came up at a general meeting with approximately 35 to 40 people present and the general consensus was as he has given it to the Com- mission this evening. 4 5507 Mr. W. A. Koelpin, Pastor of St. Paul 's Evangelical Lutheran Church, was present and stated that there are approximately 800 people represented by this petition, the majority of whom are residents of Livonia, and the con- gregation is 97 years old. He stated the majority of their membership lies within a two-mile radius and they cannot transfer to another section of the City because they would be moving away from their congregation. He said this project has to be completed by June of 1970 and space within a one to one-and-a-half radius is very limited. Mr. Tent questioned if Rev. Koelpin would be willing to modify his petition to just the Church. Rev. Koelpin stated this entire complex is one unit and when negotiations were held with the City and they agreed to sell there was a tacit;u,nderstand- ing at that time there would be no problem with zoning. Mr. Kropf stated this area is presently vacant and the back part littered with debris and that they could possibly put in a greenbelt. He said they will be happy to sit down with the Association and work these things out. A resident stated he has no objection to the Church being there and he believes the architecture and site is wonderful. He stated further he thinks it would enhance the area considerably to have a building of that nature in it. Mr. Tent requested to know if the resident has a vested interest in this property. (00 The resident replied, no. Mr. Donald Pollock, 32913 Bobrich Ct. , stated the biggest objection from the 1E: \ Civic Association is the use of the large area of land behind the proposed church structure and perhaps they do not need that large an area rezoned if they do not plan to expand any more than shown on the architect's plan. Mr. Pollock stated that nothing definitive has been said about what they plan to use the back of the property for. Mr. LaBo stated the plan says it will be used for a baseball and football area and any time a private concern will put in an area for our children to play, he would be for it. Mr. Pollock stated there are fields at Ford Field for baseball and football. Mr. Tent questioned if there is anything definitive about the playfield. Mr. Kropf stated the intend to have an area for the children to play football and baseball but they do not intend to have a huge lighting system that will irritate the subdivision. Mr. Charles Johnson, 32930 Northgate, questioned if he understood Rev. Koelpin to say that he had an understanding with the City regarding this rezoning. Mr. Tent stated that any agreement he had at that time is null and void. Mr. Johnson stated, then there is nothing binding as to what he will do with the rest of the property and who knows what will be put in at a later date. A resident, 32910 Northgate, questioned how many students are anticipated at the school and what are the grades. 55C8 • Mr. Lindhout stated they can accommodate about 120 students in the present school which is less than is accommodated in Sunday School, and they would be up to the eighth grade, He also stated that the use of the property for athletics is modest and not comparable to a high school. A resident stated it seems l ike-a lot of land for this purpose. Mr. Lindhout stated when you purchase ten acres you use the land to its best advantage. He said no construction will encroach upon the subdivision to the north and they will never have to face the prospect of facing the back of a row of houses. Mr. Tent questioned if this is the type of presentation made to the Association and if the renderings are the same as his blueprint was. Mr. Lang stated that Rev. Koelpin attended their meeting at their request and they obtained, through him, the same type of blueprint that the Commission has this evening; it is somewhat different. Mr. Tent questioned if they had seen renderings like these. Mr. Lang stated, no. Mr. Tent questioned if Mr. Lang feels now that this is something more than they had anticipated originally and if he feels that by removing eighty homes from the area that would normally go in here, it should be pursued further. Mr. Tent stated that if the Association met with the architect they may get what they want in there and something good for the City. A resident of 32960 Northgate, stated he will have a parking lot at his door and feels this will considerably de-evaluate his property. Mr. Tent stated the Commission is concerned with parking abutting residential property and what they would be interested in here is that there would be a greenbelt in order to prevent the problems just stated. A resident of 32940 Northgate, stated his opposition to the petition. Mr. LaBo questioned if there will be any parking backing up to the homes in the subdivision. Mr. Lindhout replied, no. Mr. Austin Bench, 15400 Hidden Lane, spoke in favor of the petition. Mrs. Mary Dumas, a resident, suggested that before it goes before the Council the members of the Civic Association sit down with the architect and representa- tives of the church again so that in the event this does go through the residents can obtain the best possible compromise and that rather than rejecting the proposal completely it should be investigated for alternate plans and proposals. Mr. Allen Williams, 17930 Farmington Road, spoke in favor of the petition. 5509 There was no one else present wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 68-8-,3-11 by the City Planning Commission, pursuant to Council Resolution #931-68, requesting the vacation of Ashurst Avenue between Lamoyne Avenue and Oakdale Avenue; and Rayburn Avenue between Southampton Road and Ashurst, in the Southest 1/4 of, Section 16. Mr, Clarence Charest, 15775 Southampton, was present and stated that this petition was signed by the majority of homeowners of Southampton Avenue and they are asking that the street be vacated because it appears the street will never be improved. He stated they have maintained this property themselves for a long time and they . plan to continue maintenance and believe it should be vacated. Mr. Tent stated there are two letters in the file objecting to this vacation; one from the School Board and one from Mr. Dufour, Superintendent of Parks and Recreation. Mr. Tent read the letters. Mr. Charest stated that both letters are incorrect because the property north of the school, the easement that exists, is not for park site; it is specifically specified that it is for flood plain only, and was specified when Mr. David Meinzinger donated the property. He said also that the road that is used by the school is not where the road is platted; the road that exists actually comes into their property at this point (indicating the point on a map). Mr. Moser questioned if the east-west road is blocked off entirely. Mr. Charest stated this is used for a drive way into one of the properties and is not used for a road. Mr. Robert Puckett, 15997 Southampton, questioned if this vacation would cause his property to be assessed for more money. Mr. Tent stated, yes. Mr. Puckett stated then that is his opposition. There was no one else wishing to be heard regarding this item. Mr. Tent stated the item will be taken under advisement. On a motion duly made by Mr. Moser, seconded by Mr. Colomina, and unanimously adopted, it was #1-1-69 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, January 14, 1969, at approxi- mately 11:15 p.m. ******************* Mr. Tent, Chairman, called the 201st Regular Meeting to order at approximately 11:20 p.m. with approximately the same number of interested persons in the audience as were present for the public hearing. 5510 Mr. Wrightman announced the first item on the agenda is Petition 68-11-1-42 by Richard E. Gabel and Edward C. Levy, Jr. requesting to rezone property located on the north side of Schoolcraft Road near f Stark Road in the Southwest 1/4 of Section 21, from R-2 to R-7. On a motion duly made by Mr. Wrightman, seconded by Mr. LaBo, and unanimously adopted, it was #1-2-69 RESOLVED that, pursuant to a public hearing having been held on January 14, 1969 on Petition 68-11-1-42 as submitted by Richard E. Gabel and Edward C. Levy, Jr., requesting to rezone property located on the north side of Schoolcraft Road near Stark Road in the Southwest 1/4 of Section 21, from R-2 to R-7, the City Planning Commission does hereby recommend to the City Council that Petition 68-11-1-42 be deneied for the following reasons: (1) Multi-family in this sector of the City is not consistent with any of the long-range planning for the area. (2) This is an extremely large parcel and would substantially increase the density of the area and could put a burden on the public facilities. (3) There is an existing storm drainage problem in the area. There is no immediate solution to accommodate the anticipated runoff from this proposed development. 141 (4) A large, high-density development in this area could adversely effect the stability of the adjacent residential neighborhood. 16101 (5) This land has great potential for high-calibre single- family residential development. It is the Commission's • belief that single-family development is the highest and best use for this parcel of land. FURTHER RESOLVED that, notice of the above public hearing was • published in the official newspaper, the Livonia Observer, under date of December 26, 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. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 68-11-1-43 by Trinity Baptist Church requesting to rezone property located on Middlebelt Road, near Jamison Avenue, in the Northwest 1/4 of Section 24, from RUF to R-7. Mr. LaBo stated that he does not wish to vote on this item until information is obtained about guaranteeing the City that what has been promised will be built and indicated a desire for the City Attorney to be asked for a legal opinion regarding restrictive R-7 zoning. 5511 Mr. Tent stated the item will be taken under advisement until the Commission receives an opinion from the Legal Department as to what kind of protection it has regarding the R-7 zoning. Mr. Wrightman announced the next item on the agenda is Petition 68-11-2-25 by Tony Car for Tru-Wall Construction Company, requesting a waiver of use permit to build an industrial building on property located on the east side of Farmington Road and north of the Chesapeake & Ohio Railway, in the Northwest 1/4 of Section 27. On a motion duly made by Mr. Colomina, seconded by Mr. Heusted, and unanimously adopted, it was #1-3-69 RESOLVED that, pursuant to a public hearing having been held on January 14, 1969 on Petition 68-11-2-25 as submitted by Tony Car for Tru-Wall Construction Company requesting a waiver of use . permit to build an industrial building on property located on the east side of Farmington Road and north of the Chesapeake & Ohio Railway, in the Northwest 1/4 of Section 27, the City Planning Commission does hereby recommend to the City Council that Peitition 68-11-2-25 be approved with the following con- ditions: (1) That the building permit for the proposed building be applied for within one year. (2) That the landscape plan be adhered to and that all materials be installed within one year after the con- struction is completed. Y for the following reasons: (1) This intended use will not adversely effect development of the industrial belt. (2) The petitioner's plans indicate that he will construct a substantial building that is of acceptable architectural • calibre and quality. (3) The development of this parcel of land for this use will not adversely effect the logical development of the re- maining lands within the C.M.I. Industrial Subdivision. FURTHER RESOLVED, notice of the above public hearing was sent to the property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. 5512 Mr. Wrightman announced the next item on the agenda is Petition 68-12-2-26 by Paul B. Fried of Austin Oil Corporation requesting to be granted a waiver of use permit to erect and operate a gasoline service station on property located on the southwest corner of Merriman Road and Eight Mile Road in the Northeast 1/4 of Section 3. On a motion duly made by Mr. Wrightman, seconded by Mr. Colomina, and unanimously adopted, it was #1-4-69 RESOLVED that, pursuant to a public hearing having been held on January 14, 1969 on Petition 68-12-2-26 as submitted by Paul B. Fried of Austin Oil Corporation requesting to be granted a waiver of use permit to erect and operate a gasoline service station on property located on the southwest corner of Merriman Road and Eight Mile Road in the Northeast 1/4 of Section 3, the City Planning Commission does hereby recommend to the City Council that Petition 68-12-2-26 be denied for the follow- ing reasons: (1) It is not in the City's best interest to convert industrially zoned land to commercial development. (2) There is no sanitary sewer available for this site. The site has been split off from the original site which would isolate it from the sanitary sewer. (3) There is no storm sewer available for this site at the present time. (4) The waiver use petition is valid for only one year. It appears that it will take two years for the com- ' pletion of the Livonia Drain #16 which could solve the problem. (5) The site plan, as submitted, is in violation of Ordinance No. 543. (6) The proposed use would not be in harmony and appropriate with the orderly development of the surrounding area. (7) 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 neighborhood and will unduly conflict with the normal traffic of the neighborhood. (8) The location of the building and its accessories will be such that the proposed use will have a detrimental effect • . „ 5513 . • t upon the neighboring property and the neighboring area in general. It may impair the value of the neighboring I ' _ property and discourage the appropriate development and • use of the adjacent land or building. i (9) The location, size and intensity, site layout and periods of operation of the proposed use can cause a nuisance • which may be noxious to the occupant of any other nearby j • permitted use by reason of dust, noise, fumes and lights, (10) The area is already being adquately serviced by' similar 1 uses and there is no need for additional facilities of this type in this location at this time. FURTHER RESOLVED, notice of the above public hearing was sent to the property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Tent, Chairman declared the motion carried and the foreging resolution . is adopted. Mr. Wrightman announced the next item on the agenda is Petition 68-12-2-27`,by Rodney Kropf, Attorney for St. Paul's Evangelical Lutheran Church, requesting to be granted a waiver of use permit to construct a new church building, day school and gymnasium, parsonage and teacher's quarters on property located on the east side of Farmington Road, south of Curtis Avenue in the I • _ ' Southwest 1/4 of Section 10. IL , On a motion duly made by Mr. Moser, seconded by Mr. Santo,. and unanimously adopted, it was ' #1-5-69 RESOLVED that, pursuant to a public hearing having been held . on January 14, 1969 on Petition 68-12-2-27 as submitted by • Rodney C. Kropf, Attorney for St. Paul's Evangelical Lutheran • ' Church, requesting to be granted a waiver of use permit to construct a new church building, day school and gymnasium, parsonage and teacher's quarters on property located on the • east side of Farmington Road, south of Curtis Avenue in the 4 • Southwest 1/4 of Section 10, the City Planning Commission does . • hereby recommend to the City Council that Petition 68-12-2-27 be approved with the following conditions: • • (1) That architectural elevations be submitted to the Commission for approval prior to obtaining building • • permits. • (2) That an adequate site and landscape plan including location • • of greenbelt and surrounding fencing, be prepared for 1 . Commission approval within six months. • (3) The petitioner again meet with people of the area to attempt • to make the development as compatible as possible. ' FURTihER 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. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. 5514 Mr. Wrightman announced the next item on the agenda is Petition 68-8-3-11, pursuant to Council Resolution #931-68, requesting the vacation of Ashurst Avenue between Lamoyne Avenue and Oakdale Avenue; and Rayburn Avenue between Lamoyne Avenue and Oakdale Avenue; and Southeast 1/4 of Section 16. On a motion duly made by Mr. LaBo and seconded by Mr. Colomina, it was #1-6-69 RESOLVED that, pursuant to a public hearing having been held on January 14, 1969 on Petition 68-8-3-11, pursuant to Council Resolution #931-68, requesting the vacation of Ashurst Avenue between Lamoyne Avenue and Oakdale Avenue; and Rayburn Avenue between Southampton Road and Ashurst, in the Southeast 1/4 of Section 16, the City Planning Commission does hereby recommend to the City Council that Petition 68-8-3-11 be denied for the following reasons: (1) There are numerous utilities that lie within this right-of-way. (2) The Ashurst right-of-way, for all practical purposes, can be considered a part of the school and park land to which it is contiguous. (3) The vacation of this right-of-way would decrease the size of the adjacent park and school land. IL; • (4) Portions of Ashurst, north of the Lincoln Elementary School, are in the flood plain and should not be removed from public ownership. (5) There could be possible need of pedestrian access to the school and park lands via Rayburn between Southampton and ' Ashurst. (6) A substantial portion of the driveway into Lincoln Elementary School is presently located on the Ashurst Avenue right-of-way. • FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of December 26, 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 Sefvice. A roll call vote on the foregoing resolution resulted in the following: AYES: Heusted, Colomina, LaBo, Santo, Tent, Wrightman NAYS: Moser ABSENT: Walker Mr. Tent, Chairman, declared the motion carried and the foregoing resolution 41.0 is adopted. 5515 Mr. Wrightman announced the next item on the agenda is Petition 68-9-2-21 by Robert N. Gaberman for Marathon Oil Company requesting a waiver of use permit to construct a gasoline service station on property located on the southeast corner of Seven Mile Road and Haggerty Road in the Northwest 1/4 of Section 7. Mr. Gaberman, petitioner, was present and stated that it had been stated at the last meeting that there are no sewer facilities available for this site and they do not have answers to that problem but he stated he would like to present the Commission with a plot plan which is part of a larger tract for which a plan for development will be in Before this Board at a later date. He stated they have made arrangements to tie in with the sewer facilities of Schoolcraft College. Mr. LaBo offered a motion to table this item for which there was no suport. Mr. LaBo stated he is in favor of a station at this site because it is on the freeway and near exits and in this section of the City there are not a lot of stations. Mr. Santo stated he agreed with Mr. LaBo to a degree, but at a study session it was pointed out how many stations there are on the freeway and he seriously doubted if a station at this corner along with other corners, would be success- ful. On a motion duly made by Mr. Santo, and seconded by Mr. Moser, it was #1-7-69 RSOLVED that, pursuant to a public hearing having been held November 12, 1968 on Petition 68-9-2-21 as submitted by Robert N. Gaberman for Marathon Oil Company requesting a waiver use permit to construct a gasoline service station on property located on the southeast corner of Seven Mile Road and Haggerty Road in the Northwest 1/4 of Section 7, the City Planning Commission does hereby recommend to the City Council that Petition 68-9-2-21 be denied for the following reasons: (1) The location and size of the proposed use, the nature and intensity of the principal use and accessory upes, 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 will unduly conflict with the normal traffic of the area. (2) The grade of the intersection at Seven Mile and Haggerty Road is extremely steep and could cause serious problems with the vehicular ingress to and egress from the service station. (3) The topography on the site is extremely steep and would provide an unacceptable service station location unless a large quantity of earth is removed. (4) The location of a service station site in the front of a commercial development could adversely effect the development potential of the remaining property. 5516 (5) The period of waiver use approval extends for.only one year. There is no practical possibility of servicing this site with sanitary sewer within the foreseeable future. At present, the nearest sanitary sewer is a half-mile away. (6) This site has serious storm sewer problems. It does not appear that there is a solution for the dissipation of storm water from the site in the near future. FURTHER RESOLVED, notice of the above public hearing was sent to the 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: Moser, Colomina, Santo, Heusted, Tent, Wrightman NAYS: LaBo • ABSENT: Walker Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 68-10-2-22 by Alfred J. Macksey, Jr. requesting a waiver of use permit to construct a real estate office on property located on the west side of Farmington Road, south of Rayburn Avenue in the Southeast 1/4 of Section 16. On a motion duly made by Mr. Heusted, seconded by Mr. Wrightman, and unanimously 0 adopted, it was 00 #1-8-69 RESOLVED that, pursuant to a public hearing having been held on November 12, 1968 on Petition 68-10-2-22 as submitted by Alfred J. Macksey, Jr. requesting a waiver of use permit to construct a real estate office on property located on the west side of Farmington Road, south of Rayburn Avenue in the Southeast 1/4 of Section 16, the City Planning Commission does hereby recom- mend to the City Council that Petition 68-10-2-22 be denied for the following reasons: (1) The intended use conflicts with the established uses within the area. There is no need to duplicate services in this sector of the City. (2) It will be difficult to meet the Ordinance requirements for parking on this site because of the large number of employees. (3) The intended use of the proposed structure violates the standards of the Building Code. (4) The use of the existing structure violates the provisions of the Fire Code. 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. 5517 Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 68-2-1-4 by Lincoln D. Newland for Larry and Marcelle Morse, requesting to rezone property located east of Middlebelt Road approximately 108' south of St. Martins in the Southwest 1/4 of Section 1, from RUF to C-1. On a motion duly made by Mr. LaBo and seconded by Mr. Heusted, it was #1-9-69 RESOLVED that, pursuant to a public hearing having been held on March 19, 1968 on Petition 68-2-1-4 as submitted by Lincoln D. Newland for Larry and Marcelle Morse, requesting to rezone property located east of Middlebelt Road approximately 108' south of St. Martins in the Southwest 1/4 of Section 1, from RUF to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 68-2-1-4 be denied for the following reasons: (1) The petitioner proposes converting the existing structure and using it as an office building which would be in violation of the Zoning Ordinance (Ordinance No. 543). (2) The intended use of the existing structure would be in violation of the Building Code. (3) The intended use of the existing structure would be in violation of the Fire Regulations of the City. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of February 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. A roll call vote on the foregoing resolution resulted in the following: • AYES: Colomina, LaBo, Moser, Heusted, Tent, Wrightman NAYS: None ABSENT: Walker ABSTAIN: Santo Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 68-9-1-38 by Alexander Spiro requesting to rezone property located on the northeast corner of Morlock and Middlebelt Road in the North-west 1/4 of Section 1, from C-1 to P.S. On a motion duly made by Mr. Moser, seconded by Mr. Colomina, and unanimously adopted, it was #1-10-69 RESOLVED that, pursuant to a public hearing having been held on October 15, 1968 on Petition 68-9-1-38 as submitted by Alexander Spiro requesting to rezone property located on the northeast 5518 corner of Morlock and Middlebelt Road in the Northwest 1/4 of Section 1, from C-1 to P.S., the City Planning Commission does hereby recommend to the City Council that Petition 68-9-1-38 be approved for the following reasons: (1) The professional service zoning is a logical extension of the existing zoning in the area. (2) The existing strip of C-1 zoning is only 75' wide and therefore, unacceptable for commercial purposes. FURTHER RESOLVED that, notice of the above hearing was published in the official newspaper, the Livonia Observer, under date of September 25, 1968 and notice of such hearing was sent to the Detroit Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is a motion by the City Planning Commission on its own motion to rezone property located west of Merriman Road and south of Eight Mile Road in the Northeast 1/4 of Section 3, from RUF to R-3. On a motion duly made by Mr. Wrightman, and seconded by Mr. Colomina, it was #1-11-69 RESOLVED that, pursuant to Section 23.01 of the Zoning Ordinance of the City of Livonia, 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 property located west of Merriman Road and south of Eight Mile Road in the North- east 1/4 of Section 3, from RUF to R-3. FURTHER RESOLVED, that a hearing be held and notice be given as providediin Section 23.01 of the Zoning Ordinance, Ordinance No. 543, of the City of Livonai and that there shall be a report submitted and recommendation thereon to the City Council. , A roll call vote on the foregoing resolution resulted in the following: AYES: Wrightman, Heusted, Tent, Moser, Colomina, Santo NAYS: None ABSENT: Walker ABSTAIN: LaBo Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is the one-year extension for C.M.I. Industrial Subdivision located in the West 1/2 of Section 27. On a motion duly made by Mr. Moser, seconded by Mr. Heusted, and unanimously adopted, it was 5519 #1-12-69 RESOLVED that, pursuant to a recommendation from the Industrial Development Coordinator dated January 7, 1969, the City Planning Commission does hereby grant a one-year extension on C.M.I In- dustrial Subdivision located in the West 1/4 of Section 27 for the following reasons: (1) The previously approved development concept has not changed. Section 6.07 (2) Subdivision Rules and Regulations states "The tentative approval shall be valid for a period of one year only from the date of the approving resolution unless the subdivision applies for and obtains an extension of such period." Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-11-8-10 (revised) by Frank J. Volk requesting site plan approval for multi-family development proposed to be located on the south side of Margaret Drive in Section 6. Mr. Tent questioned if everything regarding this item is in order. Mr. Hull stated yes, the revised site plan indicates what the Commission requested regarding increase of square feet area and instructions of the Com- mission have been followed to the letter. On a motion duly made by Mr. Wrightman, seconded by Mr. Moser, and unanimously adopted, it was #1-13-69 RESOLVED that, the City Planning Commission, pursuant to Section 8.02 of Ordinance No. 543, the Zoning Ordinance, as amended, does hereby grant site plan approval on a multi-family project proposed to be developed on the lands covered by Petition 67-11-8-10; such approval being conditioned upon adherence to Site Plan #S-68-15 dated June 28, 1968, subject to the following conditions: (1) That a landscape plan be submitted to and approved by the Commission within one (1) year of the date of this approval. (2) That all units within the project be landscaped within one (1) year of the date of issuance of building permits. (3) That building sizes specified on the site plan be adhered to. for the following reasons: (1) It is of sufficient calibre to justify our approval. (2) It conforms to all the Ordinance requirements of the City and will not adversely effect the adjacent development. (Quit Claim Deed for right-of-way (internal) given to Mr. Kropf). Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. 5520 Mr. Wrightman announced the next item on the agenda is Petition 68-12-8-3 by Michael and Vivian Berry requesting site plan approval for multi-family dwellings proposed to be located on Ann Arbor Trail, west of Wayne Road, in the Southeast 1/4 of Section 32. On a motion duly made by Mr. Wrightman, seconded by Mr. LaBo, and unanimously adopted, it was #1-14-69 RESOLVED that, the City Planning Commission, pursuant to Section 8.02 of Ordinance No. 543, the Zoning Ordinance, as amended, having reviewed Site Plan #6844, dated January 13, 1969, presented in connection with rezoning Petition 67-8-1-29, for- a multi- family development proposed to be constructed on Ann Arbor Trail, west of Wayne Road, in the Southeast 1/4 of Section 32, does hereby grant approval to Petition 68-12-8-3 subject to the following conditions: (1) That a detailed landscape plan be approved by the Commission within six months after site plan approval is granted. (2) That landscaping be installed as indicated on the approved plan (#6844, dated January 13, 1969) within one-and-one-half years after a building permit has been applied for. for the following reasons: (1) It is of sufficient calibre to justify our approval. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 67-2-7-1 by the City Planning Commission on its own motion to amend the Master School and Park Plan to incorporate Parcel KK1 located in Section 10. On a motion duly made by Mr. Colomina, seconded by Mr. Moser, and unanimously adopted, it was #1-15-69 RESOLVED that, pursuant to a public hearing having been held on January 17, 1967 on Petition 67-2-7-1 as submitted by the City Planning Commission on its own motion to determine whether or not to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, the same is hereby amended so as to include that portion described as follows: SECTION 10 That part of the S. E. 1/4 of Section 10, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as being the south 605.52 feet of the East 1/2 of the West 1/2 of the S. E. 1/4 of said Section 10, except the south 60 feet thereof. (Part of Bureau of Taxation Parcel 10KK1) 1 5521 for the following reason: (1) It will round out the total proposed park development 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 & 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 City Planning Commission; and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. On a motion duly made by Mr. Wrightman, seconded by Mr. Colomina, and unanaimously adopted, it was #1-17-69 RESOLVED that, the minutes of the meeting held by the City Planning Commission October 15, 1968 are hereby approved. On a motion duly made by Mr. Wrightman, seconded by Mr. Santo, and unanimously adopted the City Planning Commission adjourned the meeting held on Tuesday, January 14, 1969, at approximately 12:15 a.m. IL' CITY PLANNING COMMISSION _--2,_ A--eak6, Harry Wriitman, $'cretary ATTEST: 'Ce")",/,‘ --I/ t' ay d W. Tent, Chairman td