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HomeMy WebLinkAboutPLANNING MINUTES 1969-05-27 5602 MINUTES OF THE 250th SPECIAL MEETING AND A PUBLIC HEARING HELD BY THE CITY PlANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 27, 1969, the City Planning Commission of the City of Livonia held its 250th Special Meeting and a Public Hearing at the Livonia City Hall. Mr. Raymond Tent, Chairman, called the Public Hearing to order at approximately 8:20 p.m. with approximately 70 interested persons in the audience. Members present: Raymond W. Tent Robert Colomina Harry Urightman Donald Heusted Marvin Moser Joel LaBo Charles W. Walker Frank Santo Members Absent: None Messrs. Don Hull, Planning Director; John J. Nagy, Assistant Planning Director; and Harry Tatigian, City Attorney, were also present. Mr. Wrightman announced the first item on the agenda is Petition 69-4-1-12 by Brashear, Brashear and Duggan for Rocco and Constance Ferrera re- questing to rezone property located on the west side of Middlebelt Road north of Clarita in the Northeast 1/4 of Section 11 from PS to C-2. Mr. Tent advised there is a letter on file from Consumers Power stating they have no objection to this petition; there is a letter from Mr. Strasser, Chief City Engineer stating that sanitary and storm sewers would have to be extended to this 11/ site; Mr. Tent further stated petition is in conflict with the Master Plan, and that petitioner had not submitted any plans. Mr. Patrick Duggan represented petitioner and explained the purpose of the restaurant to be constructed. He said it would be an "Abner's" Restaurant which is new to this area - would seat about 100 persons - it would be a quick service type of restaurant - that the builder also built Livonia Knights in Livonia but that this would be a non-alcoholic restaurant. Mr. Duggan stated he felt the land should be commercial in spite of the City's Master Plan. He added that he is aware there are 15 or 16 restaurants in the area but that all are very busy and another can be used in the area. He distributed pictures of the proposed restaurant to the Commissioners, and stated he felt C-2 would be a higher tax base than PS. Mr. Tent said they were trying to entice a better type of commercial, professional building - stated that there have recently been at least 12 petitions for restau- rants in the same area and made reference to the Dearborn shopping area with a restaurant in a high-rise building expressing the hope that a restaurant petitioner could come in with such a plan. Mr. Duggan agreed this was a good idea, but that no one had approached his client and said he would like to petition the land for this, just for a restaurant. Mr. Urightman said Mr. Duggan had stated he felt C-2 was more conducive to a more 1! high tax base than PS and asked if he had figures to substantiate the statement, or any comparisons. 44 5603 Mr. Duggan stated that requests for the purchase of the land have been for commercial only rather than PS. He had no comparisons or figures. Mr. Tent asked Mr. Duggan if his client is the owner. Mr. Duggan answered, yes - for some time. Mr. Tent asked if there was anyone else wishing to be heard on the petition - there was no one. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Wrightman announced that the next item on the agenda is Petition 69-4-1-13 by the Altone Corporation requesting to rezone property located on the east side of Stark Road, south of Plymouth Road in the North- east 1/4 of Section 33 from RUF to PS. Mr. Walker asked what the total acreage is. Mr. Nagy advised it is 12.9 acres. Mr. Tent advised there is a letter on file from Consumer's Power showing no objec- tion to this petition; a letter dated April 22 from Mr. Strasser advising there are no storm sewers available to the site; one from Mr. and Mrs. Chris Miller objecting; a notation on the file by Mr. Simon Sullivan that he has no objection to the petition. He further advised that the petition is in conflict with the Master School and Park Plan. Mr. Tent asked if the petitioner was present. Mr. Nicholas Smith, attorney for petitioner, made the presentation; he advised that it will be owned by three gentlemen who are purchasing on a land contract, they had an option for one year. He stated that Harris Associates had made a study of the site for the owners and that the venture will cost $3,000,000. Mr. Smith stated that the land is presently RUF and is only in conflict with the Master Plan, stating that the propc—ed parksite is not far from Hines Park which is for Livonia residents as well as others and the proposed park could pose policing problems and could invite the type of people Livonia might not want. Mr. Smith explained the proposed complex on the sketch; three office and medical center building - each 10,000 square feet with adequate parking and green belt. They planned a convalescent home for the rear portion of the property. All to be one story structures. Mr. Smith stated he felt such a complex would be of great service to the industrial businesses in Livonia. The adjacent lots have over 600' in depth which is an added buffer. Mr. Santo asked what Mr. Smith meant by the statement about a park bringing in a policing problem. Mr. Smith felt that people going to Hines Park will be looking for other park areas as well. Mr. Santo stated that this is the purpose of a park and asked what is undesirable about a park. Mr. Smith said, nothing that he can see - the more parks the better. 5604 Mr. Santo asked why Mr. Smith and Mr. Duggan could not get together and put the PS where the Commission would like PS on the Master Plan. Mr. Smith answered, because of the high cost of the property people are not rush- ing to build on PS; that he personally had checked this area for PS and it is too expensive. Mr. Tent asked if petitioner had tenants for the buildings. Mr. Smith answered, no - they are building on speculation. Mr. Tent asked if granted, when would petitioner start to build. Mr. Grant answered the end of this construction season. Mr. Tent advised that a wall would have to be erected around the RUF area. Mr. Smith stated that the developers would conform to the zoning and use require- ments of the City. Mr. Tent, with reference to convalescent homes, asked if petitioner had explored the need of same in this area. Mr. Smith answered that Harris Associates study indicates there are 6 convalescent homes in Livonia in addition to St. Mary's Hospital and the need for convalescent home bed space is always increasing. Mr. Walker stated that the question is whether to eliminate the acreage from the Park Plan. He felt to remove this portion would mean to consider removing the entire park from the Plan - a very important parcel of acreage for the Park Plan. He pointed out the necessity of a Master Plan stating that you cannot just scrap the Master Plan. Mr. Tent also stated he would want to pursue the possiblity of acquiring this parcel before amending the Master Plan. Mr. Hull advised that this piece of land is before the State for park funds - that that application has been processed for funds. Mr. Tent asked if there was anyone else in the audience wishing to be heard on this item. A resident living across the street from the property in question objected to the park; Mr. Moccia, of 11203 Stark Road (Lot 74) stated that several petitions have been rejected by the Commission on this parcel. He stated that the residents do not want a park feeling that it would make it a neighborhood of hoodlums. Mr. Andrew Stewart (Lot 155) stated that he wants the park. Mr. Galamore, a resident from Orangelawn, stated that a prior petition for an apartment complex was rejected as well and he was not in favor of the park. Mr. Ilrightman asked if he is part owner of the petition. Mr. Galamore answered, no. 5605 Mr. LaBo expressed his feelings that if rezoned it would be beneficial to this area; he feels it would be good; a good tax base; good land use. He added this item should be referred back for further study and a check with Parks and Recrea- tion. He feels that Hines Park is enough park for the area. Mr. Tent explained that these parks were voted by the people and must be placed where they would do the most good and have the most use; the land is being pur- chased - if this were to be referred back it should have been done three years ago. He added that if the application is turned down and funds are not available it can be brought back then. Mr. LaBo stated there should be an investigation made as to what chance there is of getting the funds. Mr. Wrightman expressed that he feels the same as Mr. LaBo, in that they should try to develop the city with services for the people in the City; however, the question with regard to this petition is TUF to the north, east and south and unless some overall study for this area could be made he could not go for the petition as it cuts up the area. Mr. Smith stated that if it would be better to have it adjourned until the City has made application for federal funds, rather than losing the petitioner's monies, he would rather have the petition go back for a study. Mr. Tent asked if petitioners own the land. Mr. Smith answered, yes. i Mr. Urightman asked if they would be willing to purchase the balance of the land. i Mr. Smith stated that more than one owner owned the particular parcel on the petition; this would necessitate conferring with the owners to secure their intentions, however, he is sure the owners will do so. Mr. Tent, the Chairman, stated the item will be taken under advisement. Mr. Wrightman announced that the next item on the agenda is Petition 69-4-1-10 by John F. Dooley, attorney for William V. Titus and John Giacobozzi requesting to rezone property located on the _southeast corner of Paderewski and Five Mile Road in Section 24, from R-1 to C-2. Mr. Tent stated that the file showed no objections from the Chief City Engineer or Consumers Power Company. Mr. Tent read a letter from Walter J. Abraham, Abner Realty Company, in favor of the rezoning. Mr. Dooley made the presentation in behalf of the petitioners. He stated that this petition is different from the prior two. He advised that Mr. Titus has been in business for 10 years and only wants to stay in business, that this is the only Rent-It business in the City of Livonia. He stated that the neighbors are irritated due to the outside storage and this petition would alleviate this condition, that if the petition is approved the only outside storage would be i trailers located at the rear of the building to be built which would be hidden by a green belt or brick wall around the building according to the Commission's specifications. He advised the Commission that petitioners can stay where they are now but want to build a building to store everything inside. 5606 Mr. Tent asked if the lot is adequate where petitioner now parks the trailers, Mr. Dooley answered, no - there is a limitation of how much he can store. He said the present building would store soft goods. Mr. Tent stated that for years the trailers have been parked at the street; if he expands what is to stop him from doing this they need assurance that they will not be parked in the street. Mr. Dooley stated that petitioner will not be non-conforming user; he advised the Commission that there have been two suits against petitioner and both have been dismissed because there is no vkiation of the law with regard to on street parking. Mr. LaBo asked what the extent of the expansion would be. Mr. Titus said it would be a $100,000 investment. Mr. Colomina questioned the amount of land involved where petitioners plan to park trailers in the rear and trucks in the parking area, etc. Mr. Tent advised that to comply with the restrictions they would have to go before the Board of Appeals. Mr. Walker felt that this petition has brought out people in opposition; that there is not enough land to do the job; if petitioner gets another building and is going to use both buildings maybe further encroachment into the right of way. Mr. Tent asked if anyone in the audience wished to be heard on this petition. Mr. Dooley suggested that Commission listen to the pros and cons from the audience. I Mrs. Moore of 15192 Paderewski speaking for her mother Mrs. Frieda Harden who lives to the rear of the property asked the size of the building. Mr. Titus answered, 40 x 60; that 10' to the rear can be a greenbelt but cannot be built on. Mrs. Moore said the traffic situation is impossible if the same is allowed on the east corner residents will not be able to get out of the street. Mr. Tent stated that under the present zoning requirements it could not be built as planned. Mrs. Moore said they have never kept their promise to put up a wall around the other building. The owner of Grandon Electric at 29117 Five Mile Road stated he is in favor of the petition so petitioner will pay taxes comparable to what he pays on his small building, further saying that the empty lot itself is an eyesore. Mr. Urightman asked what size his lot is. He stated 20 x 100, the building is at the sidewalk line. Mr. Tent asked if he has adequate parking. He answered yes, in the rear. 5607 Mr. Forest Lawrence owner of the building across the street stated he has no objection because it would take trailers off the street. Mr. Tent agreed but stated that the plan offered is not realistic. Mrs. Alice Gardner, 18302 Gilman spoke for her parents Mr. and Mrs. Hopkins of 15191 Paderewski, in favor of thebpetition stating that it is not good for residential and commercial would/better than it presently is. Mrs. Moore stated that her objection was not to the change of zoning to C-1 but to C-2. Mr. Okerstrom, 15011 Lyons owns property north of shop; as a former Planning Commissioner objected to the petition. Mr. Dooley advised that all dedication for Five Mile Road widening has been taken He stated they would comply to planning code and zoning ordinance; petitioners want to stay where they are. He advised Mr. Walker he would eliminate outside storage and put up whatever wall the commission wants around the new building and the old building as well. Mr. [7rightman made reference to Mrs. Moore's objection to C-2. Mr. Dooley stated he wants C-2 because they must put trailers outside in the back and cannot do so in C-1. Mr. LaBo made reference to the difference in the setback restrictions on the two lots. Mr. Dooley stated he had asked for rezoning and that no reference is made in the petition to the size of the building - that the sketch was shown as an idea of how the corner could look developed. He added that the petition is just for re- zoning and that petitioner will comply with restrictions. Mr. Tent asked if there were any more persons to be heard on this petition. There were none. Mr. Tent, Chairman, stated the item would be taken under advisement. Mr. t7rightman announced that the next item on the agenda is Petition 69-4-1-15 by Melvin H. Sachs requesting to rezone property located on the north side of Vassar, east of Middlebelt in Section 1, from RUF to PS. Mr. Tent advised that a letter on file from Consumers Power advised there was no objection to the petition. He added that a letter from the Chief City Engineer advised that the storm sewer is not available to the site. Mr. Hull said there will be by 1970; that the plan submitted conforms to the zoning ordinance. Mr. Tent asked if petitioner was present. Mr. Melvin Sachs, part owner and architect of the Livonia Office Pavilion, 19500 Middlebelt Road, Livonia, presented petitioner's plan for "Livonia Pavilion East", one of two buildings (one already constructed) which they hope will function together. Speaking for the owners he hoped the Commission will try to keep this area PS as has been its plan in accordance with the Master Plan. 5608 Mr. Tent thanked him for his remarks regarding the Master Plan. He asked if he could foresee anything in the future insofar as this petition is concerned, for a possible high rise building on this property. Mr. Sachs advised that he had spoken to Mr. Hull who had suggested this to him. He stated he would prefer to have high rise rather than PS but they can only build as large as parking will permit. He advised the property will be developed to its maximum. They have made provision for 203 cars; the offices will be 54,000 sq. ft. 3 stories. Petitioners would appreciate the opportunity to go higher as it would identify the building over those in front; at present they cannot build higher than three stories which would only allow them to come out of the ground a total distance of 35 feet. Mr. Santo asked what the average rental would be. Mr. Sachs said the average is $6.05 per square foot. Mr. Santo made reference to the need of offices in the area. Mr. Sachs said that it takes time for office areasto attract attention; that rentals go slow, only 1/2 of their present building is leased. They have had to turn away applicants in the type of business which would call for large parking area; the middle and upper levels are leased. He feels that the new building will stimulate interest for more offices. Mr. Tent asked if anyone in the audience wished to be heard on this petition; there was no one. Mr. Tent, Chairman, stated the item would be taken under advisement. Mr. tlrightman announced that the next item on the agenda is Petition 69-3-2-9 by Angelo D'Orazio requesting to be granted a waiver use permit to erect and use an industrial building and property for a cement contractor's operation on property located on the east side of Surrey between Schoolcraft and Graytona in Section 28. Mr. Tent stated that a letter in the file from Mr. Strasser disclosed no engineer- ing problems; however, there is a conflict in the site plan submitted. Mr. Angelo D'Orazio, petitioner was present and presented his plan to build a 4000 sq. ft. building; stating his business would involve 3 or 4 trucks and 2 machines; he would put up a fence and landscape the front yard. Mr. Tent asked if the ordinance would be complied with, and would the petitioner only store equipment here and not prepare concrete. Mr. D'Orazio answered, yes. Mr. Wrightman asked if forms would also be stored. Mr. D'Orazio answered, just a few. Mr. Urightman asked what he has in open storage space. He was advised about a total of 60' with 20 or 30 feet being available on each side. All storage areas would have to be fenced. 5609 Mr. Tent asked if there was anyone in the audience wishing to be heard on this petition. There was no one. Mr. Tent, Chairman, stated the item would be taken under advisement. Mr. Wrightman announced that the next item on the agenda is Petition 69-4-2-10 by Jetslide requesting to be granted a waiver of use permit to erect a Jetslide on property located on the west side of Middlebelt between St. Martins and Seven Mile Road in Section 2. Mr. Tent stated that a letter in the file from the City Engineer advised there are no engineering problems except the speed cannot exceed 3' per second. He further stated there was a petition dated May 21, 1969 on file signed by 26 residents objecting to the jetslide. Petitioner, Mr. Jack Ward, part owner of Jetslide, stated they presently have a slide at Wonderland whose owners say it is an asset. He stated that they have about 12 malls of this type with slides in operation in Michigan, Mr. Tent asked if petitioner is connected with the Detroit organization with slides at Belle Isle. Mr. Ward answered, no. Mr. Tent asked if petitioner had explored the possiblity of locating elsewhere because of St. Martins street being a residential area and the Senior Citizens Home being located in direct proximity to this property, Mr. Ward said the location is flexible, depends on the Mall manager. Mr. Poris, Mater of the Livonia Mall, stated that the area is not in use presently and seemed to be the best for petitioners purposes; he said it would set back 300' from the residents and did not feel it would be a problem. He added that this does not cater to teenagers, it attracts families with the young going down the slide with parents. Mr. Moser asked what the life expectancy of the jetslide is. Petitioner answered from 5 to 10 years, the operation would open from 10 a.m, to 10 p.m. and there was sufficient parking. Mr. Santo asked if this was leased on a yearly basis. Petitioner stated it is leased on a 2 year basis with 1 year option. Mr. Santo asked if the owner is a corporation. Mr. Ward stated itis a manufacturing organization with investors - the corporation takes care of maintenance. Mr. Hull stated that the Inspection Department made a detailed analysis to see if the area could take the extra parking spaces needed for this operation and the answer is yes, there is sufficient parking area. 5610 Mr. Tent asked if anyone in the audience wanted to be heard on this petition. Mr. Mike Fandreio, of 29960 St. Martins objected to the petition; said they are having a problem with trash now because of the Mall and feels the slide will be an eyesore, a nuisance as far as noise, etc. Mr. J. Mills, 29810 St. Martins, also objected - stated the residents now have two nights and Sunday "off" from the Mall traffic and would like to at least keep that much. On inquiry Mr. Ward said it would be a 7-day operation. Mr. Pete Mitsopoulos, 14174 Berwick objected. A resident of Melvin Avenue objected stating it would not add revenue for the City and doesn't want to see the property turned into an arcade. Mr. Poris, 29505 Sugar Spring Road, Farmington, stated that Mr. Ward and he have been going over this matter for over one year; their contract with Jetslide is for 2 years with a 30-day escape clause. He stated that most of the land directly opposite is owned by them; the land to the west is owned by them; he said this outfit is worth $60,000,000 per year and feels the people are desirable; as manager of the Mall he does not wish to have the front of the Mall, or the 7-Mile side, used for this purpose. Mr. Okerstrom asked is this seasonable and was advised it closed in the winter. Mr. Colomina asked if petitioner would be willing to operate at the same hours as the Mall - no Sundays and 2 evenings off. I Mr. Tent also expressed his feelings that he did not want to take this away from the residents. Mr. Poris stated that for business reasons the slide was placed in the rear; add- ing that Jetslide would pay rent 12 months whether open or not and it is up to them as far as schedule of hours. Mr. Ward stated he does not feel petitioner could go with limited hours. Mr. Tent, Chairman, stated the item would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 69-4-2-11 by James Sutherland requesting to be granted a waiver use permit to construct a restaurant on property located on the south side of Seven Mile Road between Middlebelt and Maplewood in Section 12. Mr. Tent stated that a letter on file from the Chief City Engineer indicates no engineering problems. He stated no plans had been submitted; there are ordinance violations re parking and walls; right-of-ways will be required; he commented this parallels other petitions forrestaurants in the same area; that there are 18 restaurants in the surrounding area. Mr. Sutherland, petitioner, stated there is a need for more restaurants to service the area; it woul e d/owned and operated by his family, rather than restaurants owned by large chains, and would cooperate with the city better. With regard to the zoning problems, these would be taken care of. 5611 Mr. Moser asked if petitioner operated the Highland Fish and Chips in Redford. Mr. Sullivan answered, yes they have looked for a new location for 2 years and felt this would be a good place to re-open. Mr. Moser asked if this would?fish and chips operation also. Petitioner answered, yes; not a complete menu but not just fish; it would not be a drive-in restaurant but would provide for carry-outs. Mr. Tent asked if petitioner owned the property. Mr. Sullivan answered that he has option to buy. Mr. Tent asked if there was anyone in the audience wishing to be heard on this petition; there was no one. Mr. Tent, Chairman, stated the item would be taken under advisement. Mr. Urightman announced the next item on the agenda is Preliminary Plat approval for Spring Valley Subdivision #3 located in Section 3. Mr. Nagy explained the zoning restrictions of R-1 to the audience. Mr. Tent said there was a letter on file from the Engineer as well as from the Inspection Department indicating no problems. Mr. Strasser's letter did mention need for dedication of property necessary for Tyler School site etc; a letter from Lt. Thorne regarding the 1/2 paved streets 1 Mr. Tent asked if the right of ways had been received. Mr. Hull stated that the Board of Education has signed document. Mr. Hull stated that Mr. Tatigian would make a report re park acquisition. Mr. Tatigian stated the owner and he have verbally agreed insofar as park is concerned located immediately south of the proposed plat. In the initial Master Plan as pointed out by Mr. Nagy part of the proposed plat has been included; this has been revised informally and the owner and Mr. Tatigian have come to a verbal agreement but nothing has been signed because the legal description has not been ironed out as yet - he stated that this should be done by the end of the week or the beginning of next week and will be transmitted to the City Council with his recommendation. A resident asked when the homes will be built. Mr. Stone stated he was not sure if they will be done this year. They will try He explained that all improvements would have to be put in first, street paved etc. should take 8 to 9 months. He advised the audience the homes would be comparable to those they back :up to; $20,000. to $30,000 category with 2 models. Mr. Tent, Chairman, stated the item would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 69-4-7-4 by the City Planning Commission on its own motion to amend Part I of the Master Plan, the Master Thoroughfare Plan so as to delete a portion of Hubbard Road between Seven Mile and Eight Mile Roads, in Section 3. 5612 Mr. Nagy explained the purpose of this petition to the audience, i. e. to delete Hubbard Road from the Master Thoroughfare Plan from Pembroke south to Seven Mile Road in view of the fact that the flood plain lands prevent it from being extended IL and to change it from a major thoroughfare to a residential street and to eliminate the need of a 86' road right-of-way, reducing it to a 60' right-of-way. A resident, from Hubbard Road, did not object; stated that she wanted the street stopped before going through her subdivison. Mr. Tent assured her this was the purpose of the petition. He also advised that a letter in the file from Consumers Power indicated that they have no objection. Mr. Tent asked if anyone else wished to be heard on this petition; there was no one. Mr. Tent, Chairman, stated the item would be taken under advisement. Mr. Wrightman announced that the next item on the agenda is Petition 69-4-7-5 by the City Planning Commission on its own motion to amend Part I of the Master Plan, the Master Thoroughfare Plan, so as to delete a portion of Pembroke Avenue between Middlebelt and Merriman Roads, in Section 2. Mr. Nagy explained the purpose of the petition to the audience. He stated that Pembroke is a 1/2 Mile Road in name only and the Commission would like to change its designation from that of major thoroughfare 1/2 mile road to residential street to eliminate the dedication of 86' , reducing same to 60' ; that it be deleted on the Master Thoroughfare Plan between Middlebelt and Merriman Roads as there is no physical or practical possibility of constructing it as a major thoroughfare. I Mr. Tent advised that a letter on file from Consumers Power indicates no objection. There was no one in the audience wishing to be heard on this petition. Mr. Tent, Chairman, stated this item would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 69-4-7-6 by the City Planning Commission on its awn motion to amend Part VI of the Master Plan, the Master Fire Station Plan, so as to delete a portion of parcel 14W1 in the Southeast 1/4 of Section 14. Mr. Nagy explained the purpose of this petition is to delete a portion of parcel 14U1 in the S. E. 1/4 of Section 14 from the Master Fire Station Plan at the re- quest of the Fire Chief as this had been a proposed site for a fire station and is no longer needed as two others have been proposed in its place. There was no one in the audience wishing to be heard on this petition. Mr. Tent, Chairman, stated the item would be taken under advisement. On a motion duly made by Mr. Moser, seconded by Mr. Colomina, and unanimously adopted it was: #5-71-69 RESOLVED that, the City Planning Commission does hereby adjourn the t Public Hearing held on May 27, 1969 at approximately 10.55 p.m. * * * * * * * * * * * * 5613 Mr. Tent, Chairman, called the 250th Special Meeting to order at approximately 11:05 p.m. with approximately 15 interested persons in the audience. Mr. Wrightman announced that the first item on the agenda is Petition 69-4-1-12 by Brashear, Brashear and Duggan for Rocco and Constance Ferrera requesting to rezone property located on the west side of Middle- belt north of Clarita in the Northeast 1/4 of Section 11 from P.S. to C-2. On a motion duly made by Mr. Wrightman, seconded by Mr. Colomina, it was #5-72-69 RESOLVED that, pursuant to a public hearing having been held on May 27, 1969 on Petition 69-4-1-12 as submitted by Brashear, Brashear and Duggan for Rocco Ferrera requesting to rezone propety located on the west side of Middlebelt, north of Clarita, in the Northeast 1/4 of Section 11, from P.S. to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 69-4-1-12 be denied for the following reasons: (1) the proposed rezoning would be in conflict with the recommendations set forth in the Master Plan for the Livonia Mall area; (2) there is a greater need to encourage office development than intensified commercial development within this general area; (3) the intention of the Planning Commission is to limit intensified commercial development in this area and emphasize the need to pro-P vide office facilities in this general area; the fact that other petitioners in the area have successfully developed professional offices and are attempting to develop additional offices indicates that there is a high potential for this type of use; FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of May 7, 1969 and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway 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: Walker, Tent, Wrightman, Heusted, Colomina, Santo, LaBo NAYS: Moser ABSENT: None Mr. Tent declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 69-4-1-13 by the Altone Corporation requesting to rezone property located on the east side of Stark Road south of Plymouth Road in the northeast 1/4 of Section 33 from RUF to PS. Mr. LaBo made a motion, seconded by Mr. Moser that this petition be tabled and returned for further study. Mr. Hull stated that if the City is successful to get funds from the State it will buy the land and follow through on the committment; even if funds are not received 5613 it poses a very serious problem; the Commission put the parcel on the Park Plan; Parks and Recreation want the land so even if federal funds are denied the Commission has serious consideration to look into because you want to hold it whether you have money or not. 3 Mr. Wrightman says he is not for the open space in this case because if petitioner gets the land use he is asking for it will not contribute to the school load or other contingencies that go with residential; it will contribute to the tax base. He feels it should go back for further study to see how desirable this land is for park and if the City will be able to purchase the property with the money available. Mr. Hull stated the fact that Parks and Recreation have pursued this in applying for funds. The Mayor and Council, as well, are interested in purchasing this land for a park; it is not just department heads but the entire city government. Mr. LaBo stated that the purpose of his motion is to get a study from Parks and Recreation as to their intent and he wants petitioner to know he is interested in his project. A roll call on the foregoing tabling motion resulted in the following: AYES: Wrightman, Moser, LaBo NAYS: Walker, Tent, Heusted, Colomina, Santo Mr. Santo asked if this will stop any action that is presently being taken. Mr. Hull answered, no; even if the Commission granted this petition the City would IL still be bargaining and you may put the City in a bad position to purchase the land. Mr. Walker stated the City has spent a lot of money on this parcel; made a thorough study; paid assessors to assess the property; this is why it is being bid on now. Mr. Tent declared the tabling motion Denied. On a motion duly made by Mr. Walker, seconded by Mr. Heusted, it was #5-73-69 RESOLVED that, pursuant to a public hearing having been held on May 27, 1969 on Petition 69-4-1-13 as submitted by the Altone Corporation requesting to rezone property located on the east side of Stark Road south of Plymouth Road in the Northeast 1/4 of Section 33, from RUF to R . the City Planning Commission does hereby recommend to the City Council that Petition 69-4-1-13 be denied for the following reasons: (1) the land under petition for rezoning has been placed on the Master Park Plan and it is the intent of the City to purchase this land for park purposes; (2) there is greater need for additional park lands in this sector of the City than there is need to provide office facilities; (3) there are great quantities of vacant land in close proximity that are zoned proper'y to accommodate office development; 5614 FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of May 7, 1969, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Con- t sumers Power Company, Michigan Bell Telephone Company and City Departments as listed in the Proof of Service. A roll call on the foregoing resolution resulted in the following: AYES: Walker, Tent, Heusted, Colomina, Santo NAYS: Wrightman, Moser, LaBo Mr. Tent declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced that the next item on the agenda is Petition 69-4-1-14 by John F. Dooley, attorney for William V, Titus and John Giacobozzi requesting to rezone property located on the southeast corner of Paderewski and Five Mile Road in Section 24 from R-1 to C-2. Mr. Dooley asked for permission to add some pertinent information. He stated that the building that is located on the southwest corner of Paderewski and Five Mile Road which will be turned into a soft goods type of rental shop is with a rear paved area 50 x 50 (presently used for outdoor storage) - this will not be used for outdoor storage, it will be used for parking and therefore they can comply with the parking needs. He feels it is a good use for the property and it would create no more of a traffic problem. Mr. Wrightman stated he feels the condition will exist regard less of whether the petition is denied or approved; if it is approved for petitioner to improve what- ever bad conditions exist in the area by allowing him to expand so storage prob- lems can be taken care of, he feels that the extension of the already established business will improve same; he expressed faith in petitioner's work and feels everything will be done to take care of the growth of the business to limit the use of the land for the purpose he is getting it for. Mr. Tent stated he would like to see exactly what is going to be built. After a short discussion Mr. Colomina made a motion to table this petition inasmuch as petitioner is not going to build the building set forth in the sketch presented he feels Commission should see what is going to be built, Mr. Heusted supported the motion. Mr, Dooley stepped forward and requested that the matter be denied rather than tabled. He felt that to table it would hold them up too long, after a discussion it was decided that the matter be tabled for a study session for a site plan to be submitted and studied with a special meeting to be held in one week at the Planning Commission Office. RESOLVED that pursuant to a public hearing having been held on May 28, 1969 on Petition 69-4-1-14 submitted by John F. Dooley, attorney for William V. Titus and John Giacobozzi requesting to rezone property located on the southeast corner of Paderewski and Five Mile Road in Section 24 from R-1 to C-2, the City Plan- ning Commission does hereby table this petition to a study session for further study and review of site plan to be submitted, and that a Special Meeting thereafter be held. 5615 A roll call on the foregoing motion resulted in the following: AYES: Walker, Tent, Wrightman, Heusted, Moser, Colomina, Santo NAYS: LaBo Mr. Tent declared the motion taken under advisement. Mr. Wrightman announced that the next item on the agenda is Petition 69-4-1-15 as submitted by Melvin H. Sachs requesting to rezone property located on the north side of Vassar, east of Middlebelt in Section 1, from RUF to PS. Mr. Colomina asked if the Commission approves zoning to PS is the building going to be built below the ground. After short discussion it was stated that the Commission can come back on its own motion to hamait zoned P.O. On a motion duly made by Mr. Walker, seconded by Mr. Wrightman, and unanimously adopted it was: #5-74-69 RESOLVED that, pursuant to a public hearing having been held on May 27, 1969 on Petition 69-4-1-15 as submitted by Melvin H. Sachs requesting to rezone property located on the north side of Vassar, east of Middlebelt in Section 1 from RUF to P.S., the City Planning Commission does hereby recommend to the City Council that Petition 69-4-1-15 be approved for the following reasons: (1) it is in harmony with the spirit of the Livonia Mall Master Plan; (2) it is desirable to encourage additional office development in this sector of the City because office development is the most beneficial type of development to the City because it creates the grertest amount of revenue with the least amount of service; also because it is the type of use that is most compatible to the adjacent development; (3) office development in this area will enhance the development potential of the Livonia Mall area rather than diminish it; FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of May 7, 1969 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 adopted. Mr, Wrightman announced the next item on the agenda is Petition 69-3-2-9 by Angelo D'Orazio, requesting to be granted a waiver use permit to erect and use an industrial building and property for a cement contractor's operation on property located on the east side of Surrey between Schoolcraf t and Graytona in Section 28. Mrs Hull suggested that the conditions of approval on this petition be read to the petition. 5616 Mr. Santo read same; Mr. D'Orazio agreed to them. On a motion duly made by Mr. Santo, seconded by Mr. Colomina, and unanimously carried, it was: #5-75-69 RESOLVED that, pursuant to a public hearing having been held on May 27, 1969 on Petition 69-3-2-9 as submitted by Angelo D'Orazio, requesting to be granted a waiver use permit to erect and use an industrial building on property for a cement contractor's operation on property located on the east side of Surrey between Schoolcraft and Graytona in Section 28, the City Planning Commission does hereby recommend to the City Council that Petition 69-3-2-9 be approved subject to the following conditions: (1) that a detailed site plan be submitted for Commission approval within three months after the use permit is granted; (2) that a detailed landscaping plan be submitted to the Commission for approval within three months; (3) that an indication of the architectural quality of the structure be submitted to the Commission for approval within three months; and (4) that the landscaping indicated on the approved landscaping plan be installed within one and one half years after application has been made for a building permit; for the f of l iwng reason: (1) this is a compatible use within the industrial district and it is possible to accommodate this type of use without adversely effecting adjacent development; FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departemtns as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced that the next item on the agenda is Preliminary Plat approval for Spring Valley Subdivision #3 located in Section 3. On a motion duly made by Mr. Wrightman, seconded by Mr. Colomina and unanimously carried, it was #5-76-69 RESOLVED that, pursuant to a public hearing having been held on gray 27, 1969 the City Planning Commission does hereby recommend to the City Council that the preliminary plat of Spring Valley Subdivision #3, located in the South 1/2 of Section 3 be approved for the following reasons: 4 (1) it is of sufficient calibre and quality to justify our approval; and 5617 (2) It is consistent with the development of the general area; FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department and Parks and Recreation Department. Mr. Tent declared the motion carried and the foregoing resolution adopted. Mr. Urightman announced the next item on the agenda is Petition 69-4-2-10 by Jetslide requesting to be granted a waiver of use permit to erect a jetslide on property located on the west side of Middle- belt between St. Martins and Seven Mile Road in Section 2. Mr. Colomina stated that he knows the operation at Wonderland and it is a good operation but this petition is substantially different as it is in a residential vicinity, traffic goes out on residential streets and they would operate under these circumstances 7 days a week. On a motion duly made by Mr. Colomina, seconded by Mr. Urightman and unanimously carried, it was #5-77-69 RESOLVED that, pursuant to a public hearing having been held on May 27, 1969 on Petition 69-4-2-10 as submitted by Jetslide re- questing to be granted a waiver of use permit to erect a jetslide on property located on the west side of Middlebelt between St. Martins and Seven Mile Road in Section 2, the City Planning Commission does hereby recommend to the City Council that Petition 69-4-2-10 be denied for the following reasons: (1) this type of facility does not substantially contribute to the stability of a shopping center; (2) this type of facility could adversely effect the stability of the adjacent residential neighborhood by virtue of appearance, sound, noise and traffic; (3) a facility of this type could cause problems by disrupting normal activity of a shopping center; (4) this facility in this location could be detrimental because it would increase the volume of traffic on the existing residential street to the north (St. Martins) ; (5) a facility of this type can cause problems unless it is well policed, well maintained and efficiently and effectively operated; FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. 5618 Mr. Wrightman announced that the next item on the agenda is Petition 69-4-2-11 by James Sutherland requesting to be granted a waiver use permit to construct a restaurant on property located on the south side of Seven Mile Road between Middlebelt and Maplewood in Section 12. Mr. Moser made a motion that the petition be denied but the petitioner be en- couraged to find another site in the City; Mr. Santo seconded the motion. Mr. Tent also wanted to echo Mr. Moser's comments. It was: #5-78-69 RESOLVED that, pursuant to a public hearing having been held on May 27, 1969 on Petition 69-4-2-11 as submitted by James Suther- land requesting to be granted a waiver of use permit to construct a restaurant on property located on the south side of Seven Mile Road between Middlebelt and Maplewood in Section 12, the City Planning Commission does hereby recommend to the City Council that Petition 69-4-2-11 be denied for the following reasons: (1) the proposed use conflicts with the spirit of the Master Plan for the Livonia Mall study area; (2) a use of this type will generate a high volume of traffic and could conflict with the traffic flow along Seven Mile Road; (3) there is an excessive amount of eating facilities within this sector of the City and there is no need to duplicate this type of facility. 1E: (4) this type of facility could adversely effect the stability of the adjacent commercial and residential development; FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call on the foregoing resolution resulted in the following: AYES: Tent, Heusted, Walker, Colomina, Moser, Santo, LaBo, Wrightman NAYS: None Mr. Tent declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced that the next item on the agenda is Petition 69-4-7-4 by the City Planning Commission on its own motion to amend Part I of the Master Plan, the Master Thoroughfare Plan, so as to delete a portion of Hubbard Road between Seven Mile and Eight Mile Road in Section 3. On a motion duly made by Mr. Moser, seconded by Mr. Urightman, and unanimously carried it was #5-79-69 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia having duly held a public hearing on May 27, 1969 for the purpose of amending Part I of the Master Plan of the City of Livonia, entitled "Master Thoroughfare Plan," the same is hereby 5619 amended so as to delete Hubbard Road from Pembroke south to Seven Mile Road in Section 3 as a major thoroughfare for the following reason: (1) it is impossible to construct this road because of the conflict with the flood plain; 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 Thoroughfare Plan of the City of Livonia, which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission, with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk, and the City Planning Commission; and a certified copy shall also be forwarded to the Register of Deeds for the County of 'Jayne for recording. Mr. Tent declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced that the next item on the agenda is Petition 69-4-7-5 by the City Planning Commission on its own motion to amend Part I of the Master Plan, the Master Thoroughfare Plan, so as to delete a portion of Pembroke Avenue between Middlebelt and Merriman Roads in Section 2. On a motion duly made by Mr. Colomina, seconded by Mr. Santo and unanimously ILcarried, it was #5-80-69 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia having duly held a public hearing on May 27, 1969 for the purpose of amending Part I of the Master Plan of the City of Livonia, entitled "Master Thoroughfare Plan," the same is hereby amended so as to delete Pembroke Avenue between Middlebelt and Merriman Roads, in Section 2 as a major thoroughfare for the following reason: (1) there is no practical purpo^ea for continuing Pembroke as a major thoroughfare on the Master Thoroughfare Plan 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 Thoroughfare Plan of the City of Livonia, which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission, with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission; and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. ti Mr. Tent, Chairman, declared the motion carried and the resolution adopted. 5620 Mr. Wrightman announced the next item on the agenda is Petition 69-4-7-6 by the City Planning Commission on its own motion to amend Part VI of the Master Plan, the Master Fire Station Plan, so as to delete a portion of parcel 14W1 in the Southeast 1/4 of Section 14. On a motion duly made by Mr. Walker, seconded by Mr. Moser and unanimously carried, it was #5-81-69 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of. Livonia having duly held a public hearing on May 27, 1969 for the purpose of amending Part VI of the Master Plan of the City of Livonia, entitled "Master Fire Station Plan" the same is hereby amended so as to delete a portion of parcel 14'71 in the Southeast 1/4 of Section 14 franthe following reason: (1) there are sites that could more advantageously meet the needs of the Fire Department in this general 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 Fire Station 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 1040 that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission; and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for re- cording. Mr. Tent, Chairman, declared the motion carried and the resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 69-5-8-2 by Harold Kaufman requesting approval of site plan for proposed addition to shopping center located at Five Mile and Levan Road. Mr. t•7rightman moved that this matter be tabled to find out what petitioners are going to do at Sheldon Center as well as their present location. Mr. Tent explained this would not deny the petition just refer it to a study, suggesting that petitioner arrange to come in and attend the session to answer questions about Sheldon Center before the Commission can go into this petition. Mr. Kaufman stated he told Mr. Nagy, Mr. Samuels had never received a letter; the letter went to Mr. Udell; the first letter was returned. He stated that they have a tenant and would like to get this petition going. Mr. Tent assured him again the petition was not. being denied - they just wanted to talk. On a motion duly made by Mr. Wrightman, seconded by Mr. Colomina, it was 1 RESOLVED that Petition 69-5-8-2 by Harold Kaufman requesting approval of site plan for proposed addition to shopping center located at Five Mile and Levan Road be tabled for further study. 5621 A roll call of the foregoing resolution resulted as follows: AYES: Walker, Tent, Wrightman, Heusted, Colomina, Santo NAYS: Moser, LaBo IL: Mr. Tent, Chairman, declared the motion carried and the resolution adopted, Mr. Wrightman announced the next item on the agenda is Petition 68-7-2-17 by Hackenberger-Honner-Stucky requesting a waiver use permit to construct a Kentucky 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. On a motion duly made by Mr. Wrightman, seconded by Mr. LaBo and unanimously carried, it was #5-82-69 RESOLVED that, pursuant to a public hearing having been held on September 17, 1968 on petition 68-7-2-17 as submitted by Hackenberger- Honner-Stucky requesting a waiver use permit to construct a Kentucky Fried Chicken carry-out restaurant on property located on the south side of Seven Mile Road west of Middlebelt in the Northeast 1/4 of Section 11, the City Planning Commission does hereby recommend to the City Council that Petition 68-7-2-17 be denied for the following reasons: (1) this is in conflict with the spirit of the Master Plan sanctioned by the Planning Commission for this sectorof the City; (2) this type of use is a relatively high traffic generator and could conflict with the movement of traffic along Middlebelt Road; (3) this type of development could adversely effect the adjacent residential neighborhood; (4) this type of development could adversely effect the potential of future commercial and office development in this area; (5) 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 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; (6) the location of the building and its accessories will be such that the proposed use will 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, 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. 1 5622 Mr. Tent declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 68-7-2-18 by Hackenberger-Honner-Stucky requesting a waiver use permit to construct a Kentucky RoastBeef Restaurant on property located on the south side of Seven Mile west of Middlebelt in the northeast 1/4 of Section 11. On a motion duly made by Mr. Wrightman, seconded by Mr. Heusted, and unanimously carried, it was #5-83-69 RESOLVED that, pursuant to a public hearing having been held on September 17, 1968 on Petition 68-7-2-18 as submitted by Hacken- berger-Honner-Stucky requesting a waiver of use permit to construct a Kentucky Roast Beef Restaurant on property located on the south side of Seven Mile west of Middlebelt on the northeast 1/4 of Section 11, the City Planning Commission does hereby recommend to the City Council that Petition 68-7-2-18 be denied for the following reasons: (1) this is in conflict with the spirit of the Master Plan sanctioned by the Planning Commission for this sector of the city; (2) this type of use is a relatively high traffic generator and could conflict with the movement of traffic along Middlebelt Road; (3) this type of development could adversely effect the adjacent residential neighborhood; (4) this type of development could adversely effect the potential of future commercial and office development in this area;. (5) the location and site 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; (6) the location of the building and its accessories will be such that the proposed use will 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, 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 adopted. 5623 Mrs. Alice Gardner handed a letter to the Secretary in favor of Petition 69-4-1-15 signed by Cass M. Zarlikowski. On a motion by Mr. Colomina, seconded by Mr. t7rightman, and unanaimously adopted, the City Planning Commission adjourned its 250th Special Meeting held on May 27, 1969 at approximately 11:50 p.m. CITY PLANNING COMMISSION Harry Wrigl man, Sec -tary ATTEST: f� / aym- • U. Tent, Chairman