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HomeMy WebLinkAboutPLANNING MINUTES 1969-06-10 • 5624 MINUTES OF THE 206th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 10, 1969, the City Planning Commission of the City of Livonia held its 206th Regular Meeting and a Public Hearing at the Livonia City Hall. Mr. Robert Colomina, Acting-Chairman, called the Public Hearing to order at approximately 8:50 p.m. with approximately 10 interested persons in the audience. Members present; Donald Heusted Robert Colomina Harry Urightman Charles Walker Marvin Moser Frank Santo Members Absent: Raymond Tent Joel LaBo Messrs. Don Hull, Planning Director, John J. Nagy, Assistant Planning Director; Robert Menzies, Planner III and Harry Tatigian, City Attorney, were present. Mr. Wrightman announced the first item on the agenda is Petition 69-5-2-12 by Ply-Van Corporation requesting to be granted a waiver use permit to build a gasoline service station on property located on the north- west side of Plymouth and Levan Roads in Section 29. Mr. Colomina asked if there was anyone in the audience who wished to be heard on this petition. There was no one. Mr. Hull stated that this petitioner is presenting a petition identical to one already denied by the Commission on which time to appeal lapsed. Mr. Colomina, acting-chairman, stated the item will be taken under advisement. Mr. Urightman announced the next item on the agenda is Petition 69-4-3-2 by Thomas A. Morgan requesting to vacate a 10' easement along the northerly portion of Lot #22 of Devon-aire Moods Park Subdivision, located in the Northwest 1/4 of Section 35. Mr. Nagy explained the existing easement and its purposes, that there now is a 30" storm sewer drain in the easement needed as it is the low point of the sub- divison. He stated that the Engineering Depart ment claims the easement is needed to service the drain. The Planning Department stated that it has been agreed a 12" drain would suffice and the easement could be reduced to 6 feet, if the owner of the property will stand the cost of replacing same. Mr. Colomina stated there was a letter in the file from Mr. Strasser, City Engineer; also a letter from the Consumers Power Company showing no objection to the petition. Mr. Morgan, petitioner was present and disagreed with the findings of the Engineer- ing Department stating that the drain has been covered with sod and is no longer needed. Mr. Urightman asked petitioner what he is planning. Mr. Morgan stated he wishes to build a garage. Mr. Wrightman asked if the easement was solely within the petitioner's property. 5625 Mr, Morgan replied, yes. He added that to reduce the easement to 6' would not give him enough room to build a garage. Mr. Heusted asked if his understanding is correct that with the present flow of the water the flow is from the rear yards, to Hillcrest Road, to Plymouth Road. Mr. Nagy reviewed the Engineering Departments statements stating that the ease- ment is still needed, further stating that dirt is seeping down around the drain which is covered, proving that the drain is needed. Petitioner explained that the dirt that is low around the drain is a result of the wall which was erected when construction was going on behind his property, that actually the wall which was erected cut off the whole purpose of the drain. Mr. Colomina read part of Mr. Strasser's letter of explanation. Mr. Hull stated that they should rely on the Engineering Department's decision, that men had gone out and studied the land. He feels that the Commission should take action on the petition in a negative manner at this meeting, the resolution should be sent to the Council and the petitioner should get back with the Engineer- ing Department to see if the recommendation can be changed. Mr. Urightman asked petitioner if he understood that if they acted it would be in his best interest so he might consult further with the Engineers before going to Council. Mr. Hull advised him he would have two alternatives - could either change the Engineer's decision or convince the Council of his needs and see if they would help financially. Mr. Colomina asked if there was anyone else in the audience wishing to be heard on this petition. There was no one. Mr. Colomina, acting chairman, stated the item will be taken under advisement. Mr. Urightman announced that the next item on the agenda is Petition 69-5-6-10 by the City Planning Commission on its own motion to amend Section 8.02 of Ordinance 543, the Zoning Ordinance, for the purpose of expanding the number of uses permitted in an R-7 District. Mr. Menzies explained the purpose of this amendment is to expand the uses within the R-7 district, permitting all R-6 District uses in P.-7, to date the only per- mitted use was multiple dwellings. Mr. Colomina, acting chairman, stated the item will be taken under advisement. Mr. ?Irightman announced the next item on the agenda is Petition 69-5-6-11 by the City Planning Commission on its own motion to amend Section 27.04 of Ordinance No. 543, the Zoning Ordinance, for the purpose of ex- panding the number of uses permitted in an R-8 District. Mr. Menzies explained the purpose of the amendment is to expand the uses within IL: the R-3 District to include all R-7 District permitted uses. After a short discussion, Mr. Colomina, acting chairman, stated the item will be taken under advisement. • 5626 Mr. Urightman announced the next item on the agenda is Petition 69-5-6-8 by the City Planning Commission on its own motion to amend Article XVIII of Ordinance No. 511-3, the Zoning Ordinance, by adding Section 18.55 requiring submission of site plans for approval by the City Planning Commission of developments in the vicinity of the Livonia Mall Shopping Center. Mr. Menzies explained the purpose of this amendment is to give the Planning Commission further control over commercial and business type development in the Livonia Mall area (South 'est 1/4 of Section 1; Northwest 1/4 of Section 12; Northeast 1/4 of Section 11 and the Southeast 1/4 of Section 2) excepting there- from property in single family residential zoning districts.. Mr. Walker asked if the area considered is greater than planned for the Mall area. Mr. Hull answered, yes but application will be made to the area covered in the Livonia Mall Master Plan Study, Mr. Colomina asked Mr. Tatigian how much control the Planning Commission could have, Mr. Tatigian replied that the trend is to permit more and more control on the part of City agencies; that the courts are going along more with architectural control. Mr. Colomina, acting chairman, stated the item will be taken under advisement. Mr. T?rightman announced the next item on the agenda is Petition 69-5-6-9 by the City Planning Commission on its own motion to amend Article XVIII of Ordinance No. 543, the Zoning Ordinance, by adding Section 18.56 requiring submission of site plans for approval by the City Planning Commission of developments in the vicinity of the Wonderland Shopping Center. Mr. Menzies explained the purpose of this amendment is the same as that the last petition presented but for the Uonde--land Shopping Center area in an attempt to control and improve t :e type and calibre development of Wonderland. Mr. Wrightman asked how far west this covered. Mr. Menzies answered 1/2 mile west to Henry Ruff; that is covered 1/2 mile east of Middlebelt to Harriman; south to West Chicago and north to the C & 0; adding that it will not involve any residential area, also that the industrial property to the north is =eluded, Mr. Colomina, actin; chairm_n, stated the item will be taken under advisement. Mr. Urightman advised that the next item on the agenda is Petition 69-5-6-12 by the City Planning Commission on its own motion to amend Ordinance No. 543, the Zoning Ordinance, by adding Article XXI, R-9 District regulations (housing for the elderly). Mr. Menzies stated that the City is getting special type housing for the elderly, there should be a special zoning classification for them to include area, bulk, and placement regulations; to limit that age to 55 years and older, further stating that this is mod_,ic_i after the 11-3 district. I 5627 There was a short discussion as to whether the age limit was right after which Mr. Colomina, acting chairman, advised that this item would be taken under advise- ment. On a motion duly made by Mr. Wrightman, seconded by Mr. Santo, and unanimously adopted, it was #6-85-69 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on June 10, 1969 at approximately 9:30 p.m. * * * * * * * * k * * * * Mr. Colomina, acting chairman, called the 206th Regular Meeting to order at approximately 9:45 p.m. with approximately 7 interested persons in the audience. Mr. Wrightman announced that the next item on the agenda is Petition 69-5-2-12 as submitted by Ply-Van Corporation requesting to be granted a waiver use permit to build a gasoline service station on property located on the northwest side of Plymouth and Levan Roads in Section 29. On a motion duly made by Mr. Walker, seconded by Mr. Moser and unanimously adopted, it was #6-86-69 RESOLVED that, pursuant to a public hearing having been held on June 10, 1969 on Petition 69-5-2-12 as submitted by Ply-Van Cor- poration requesting to be granted a waiver use permit to build a gasoline service station on property located on the northwest side of Plymouth and Levan Roads in Section 29, the City Planning Com- mission does hereby recommend to the City Council that Petition 69-5-2-12 be DENIED for the following reasons: (1) the proposed use would not be in harmony and appropriate with the orderly development of the surrounding area; (2) the location and size of the proposed use, the nature and intensity of the principal use and accessory uses, the site layout and its relationship to streets giving access, shall be such that the traffic to and from the use and assembly of persons in conjunction with the use, will be hazardous and inconvenient to the area and will unduly conflict with the normal traffic of the area; (3) the problem of traffic at the intersection of Levan and Plymouth Road is extremely hazardous and a use of this type will only compound the existing problem; 5628 (4) there are two existing similar type uses in very close proximity to the site petitioned for, therefore, the need for the type of service provided by this facility IL; has already adequately been supplied; (5) as of November of 1968 there were 22 service stations located along Plymouth Road within the City of Livonia and 4 additional service stations that have been closed or converted; thus, it is readily apparent that the need for this type of facility has already adequately been met along this thoroughfare within our City; (6) the spirit and intent of the City in rezoning this land for commercial use was to provide for industrially oriented commercial development. We do not believe that the addition of a service station is consistent with this intent; (7) the concept of providing 3 gas stations at one intersection is in violation of the spirit and intent of the Master Plan of the City of Livonia; 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. Wrightman announced that the next item on the agenda is Petition 69-4-3-2 by Thomas A. Morgan requesting to vacate a 10' easement along the northerly portion of Lot #22 of Devon-Aire Woods Park Subdivision located in the Northwest 1/4 of Section 35. Mr. Walker stated that Mr. Strasser feels the drain is absolutely necessary, at least the smaller drain as suggested. He stated that he would not like to see this matter go to council and have further facts come out, showing that they denied it without having all the knowledge or that some of petitioner's statements are correct. Mr. Wrightman stated that he agrees with Mr. Walker that if a decision is to be made the Commission should be the ones to have all the facts, possibly if the drain was cut off when the motel was erected it may not serve any purpose. Mr. Hull explained that in six weeks this item would come back to exactly the same spot it is now; the Engineering letter sets forth their decision and the Commission will do the petitioner an injustice by putting him off and bringing him back to the same action. At this point Mr. Colomina read the entire letter from the Engineering Department. Mr. Nagy said that the Engineering Department sent three men out and they all stated it is the low point. Mr. Hull felt the Engineering Department would not alter their decision. Mr. Walker then stated that based upon the Engineering Report and field inspection as well as Mr. Nagy's report, petitioner should see what the cost of the con- struction of the 12" drain would be. 5629 On a motion duly made by Mr. Walker, seconded by Mr. Moser and unanimously adopted, it was #6-87-69 RESOLVED that, pursuant to a public hearing having been held on June 10, 1969 on Petition 69-4-3-2 submitted by Thomas A. Morgan requesting to vacate a 10' easement along the northerly portion of Lot #22 of Devon Aire Woods Park Subdivision, located in the North- west 1/4 of Section 35, the City Planning Commission does hereby recommend to the City Council that Petition 69-4-3-2 be denied. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of May 21, 1969, and notice of such hearing was sent to the Detroit Edison Company, Chesr.pba'_.e &'Ohio Railway Company and Consumers Power Company, City Departments and Petition as listed in the Proof of Service. Mr. Colomina, acting chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced that the next item on the agenda is Petition 69-5-6-10 as submitted by the City Planning Commission on its own motion to amend Section 8.02 of Ordinance 543, the Zoning Ordinance, for the purpose of expanding the number of uses permitted in an R-7 district. On a motion duly made by Mr. Walker, seconded by Mr. Wrightman and unanimously adopted, it was #6-88-69 RESOLVED that, pursuant to a public hearing having been held on June 10, 1969 on Petition 69-5-6-10 as submitted by the City Planning Commission on its own motion to determine whether or not to amend Ordinance #543 (the City of Livonia Zoning Ordinance), as amended, Section 8.02 for the purpose of expanding the number of uses permitted in the R-7 Districts, the City Planning Commission does hereby recom- mend to the City Council that Petition 69-5-6-10 be approved for the following reason: (1) it is a necessary amendment to more efficiently administer the orderly growth and development of our community; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of May 21, 1969 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company and Consumers Power Company, City Depart- ments as listed in the Proof of Service. Mr. Colomina declared the motion carried and the foregoing resolution adppted. Mr. Urightman announced the next item on the agenda is Petition 69-5-6-11 by the City Planning Commission on its own motion to amend Section 27.04 of Ordinance 543, the Zoning Ordinance, for the purpose of expanding the number of uses permitted in an -8 district. #6-89-69 RESOLVED that, pursuant to a public hearing having been held on June 10, 1969 on Petition 69-5-6-11 as submitted by the City Planning Commission on its own motion to determine whether or 5630 not to amend Section 27.04 of Ordinance No. 543 (the City of Livonia Zoning Ordinance), as amended, for the purpose of expand- ing the number of uses permitted in an R-8 District, the City Planning Commission does hereby recommend to the City Council that Petition 69-5-6-11 be approved for the following reason: (1) it is a necessary amendment to more efficiently administer the orderly growth and development of our community; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of May 21, 1969 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Mich- igan Bell Telephone Company and Consumers Power Company, City Departments as listed in the Proof of Service. Mr. Colomina, acting chairman, declared the motion carried and the foregoing resolution adopted. Mr. Urightman announced the next item on the agenda is Petition 69-5-64� y the City Planning Commission on its own motion to amend Article XVIII of Ordinance No. 543, the Zoning Ordinance, by adding Section 13.55 requiring submission of site plans for approval by the City Planning Commission of developments in the vicinity of the Livonia Mall Shopping Center. On a motion duly made by Mr. Moser, seconded by Mr. Santo, and unanimously adopted, it was #6-90-69 RESOLVED that, pursuant to a public hearing having been held on June 10, 1969 on Petition 69-5-61 as submitted by the City Plan- ning Commission on its own motion to determine whether or not to amend Article `.VIII of Ordinance No. 543 (the City of Livonia Zoning Ordinance), as amended, by adding Section 18.55 requiring submission of site plans for approval by the City Planning Commission of developments in the vicinity of the Livonia Mall Shopping Center, the City Planning Commission does hereby recommend to the City Council that Petition 69-5-6-f be approved for the following reason: (1) it is a necessary tool to more efficiently regulate the development around the Livonia Mall Shopping Center; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of May 21, 1969 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake and Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Colomina, acting chairman, declared the motion carried and the foregoing resolution adopted. 111; 5631 Mr. Wrightman announced the next item on the agenda is Petition 69-5-64 by the City Planning Commission on its own motion to amend Article XVIII of Ordinance No. 543, the Zoning Ordinance, by adding Section 18.56 requiring submission of site plans for approval of the Wonderland Shopping Center. On a motion duly made by Mr. 'Talker, seconded by Mr. Urightman, and unanimously adopted. #6-91-69 RESOLVED that, pursuant to a public hearing having been held on June 10, 1969 on Petition 69-5-64 as submitted by the City Planning Commission on its own motion to determine whether or not to amend Article :VIII of Ordinance No. 543 (the City of Livonia Zoning Ordinance), as amended, by adding Section 18.56 requiring submission of site plans for approval by the City Planning Commission of developments in the vicinity of the Wonderland Shopping Center, the City Planning Commission does hereby recommend to the City Council that Petition 69-5-64r' be approved for the following reason: (1) it is a necessary tool to more efficiently regulate the development around the Wonderland Shopping Center; FURTHER .RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of May 21, 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. Colomina, acting chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 69-5-6-12 by the City Planning Commission on its own motion to amend Ordinance No. 543, the Zoning Ordinance, by adding Article XXI, 2-9 District regulations (housing for the elderly). Mr. Wrightman asked which is the higher restriction the R-9, R-7 or R-8, Mr. Menzies answered, Sr, Citizens, Mr. Urightman asked if anyone can put in R-7 and R-8 in property zoned R-9. Mr. Menzies replied, only if they apply for and receive approval for change of the zoning. After a short discussion, on a motion duly made by Mr. Urightman, seconded by Mr. Heusted, and unanimously carried, it was #6-92-69 RESOLVED that, pursuant to a public hearing having been held on June 10, 1969 on Petition 69-5-6-12 as submitted by the City Plan- ning Commission on its own motion to determine whether or not to amend Ordinance No. 543, (the City of Livonia Zoning Ordinance), as amended, by adding Article XXXI, R-9 District Regulations (Housing for the Elderly), the City Planning Commission does hereby recommend to the City Council that Petition 69-5-6-12 be approved for the following reason: 5632 (1) it is a necessary tool to help regulate the orderly growth and development of our City; FURTHER RESOLVED, that notice of the above public hearing was i published in the official newspaper, the Livonia Observer under date of May21, 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. Colomina, acting chairman, declared the motion carried and the foregoing resolution adopted. Mr. Urightman 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. On a motion duly made by Mr. Ualker, seconded by Mr. Wrightman, and unanimously adopted, it was #6-93-69 RESOLVED that, the City Planning Commission pursuant to Section 11.02 of Ordinance No. 543, the Zoning Ordinance, as amended, does hereby recommend to the City Council that Petition 69-5-8-2 re- questing site plan approval for a proposed addition to shopping center located at Five Mile and Levan Roads in the Southwest 1/4 of Section 17, be approved subject to the following conditions: (1) That the Site Plan #6912 and Landscape Plan dated 5/23/69 be adhered to. (2) That landscape material be installed within 1-1/2 years after petition is approved. for the following reason: (1) The plan is of sufficient calibre and quality to justify our approval. Mr. Colomina, acting chairman, declared the motion carried and the resolution adopted. Mr. Urightman announced the next item on the agenda is Petition 69-3-1-9 by Emerson Building Company of Detroit requesting to rezone property located on the west side of Alexander between Sunnydale and Broad- moor in the Southwest 1/4 of Section 13 from RUF to R-1. On a motion duly made by Mr. (Trightman and seconded by Mr. Heusted, it was #6-94-69 RESOLVED that, pursuant to a Public Hearing having been held on May 13, 1969 on Petition 69-3-1-9 as submitted by Emerson Build- ing Company of Detroit requesting to rezone property located on the west side of Alexander between Sunnydale and Broadmoor in the Southwest 1/4 of Section 13 from RUF To R-1, the City Planning Commission does hereby recommend to the City Council that Petition 69-3-1-9 be denied for the following reasons: 5633 (1) this would constitute spot zoning and it is not a logical ex- tension of the land use patternof the general area; (2) a drastic increase in density such as is proposed in this ILpetition is not in the best interests of the City; FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of April 23, 1969, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway, Michigan Bell Telephone Company, Consumers Power Company, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following; AYES: Walker, Urightman, Heusted, Moser, Colomina NAYS: Santo ABSENT: Tent, LaBo Mt. Colomina, acting chairman, 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 presented a petition with approximately 55 signatures as evidence of IL the fact that petitioner's facility is the only one of its kind in Livonia, they are signatures of people who use their product. Mr. Colomina stated that Mr. Dooley had brought in a plan which meets all the requirements including the wall behind the existing building. He stated that at a meeting with Mr. Hull and Mr. Nagy, N . Dooley provided a site plan which will conform with the ordinance, with Mr. Dooley agreeing to build a wail at the rear of the property half way over the vacated property; the wall to be any kind required, as well as landscaped as requested. Mr. Hull stated that the plan complies with the zoning ordinance as to set back and parking. On a motion duly made by Mr. Wrightman, seconded by Mr. Santo it was #6-95-69 RESOLVED that, pursuant to a public hearing having been held on May 27, 1969 on Petition 69-4-1-14 as 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 Planning Commission does hereby recommend to the City Council that Petition 69-4-1-14 be approved for the following reason: (1) this action will accommodate the logical expansion of an existing business within the area and apparently alleviate many of the existing problems; (2) it is a logical continuation of the existing zoning pattern of the area; 5634 (3) the intended use can be accommodated without Ordinance violation; 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, Petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Wrightman, Colomina, Santo NAYS: Heusted, Moser ABSENT: Tent, LaBo Mr. Colomina, acting chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Urightman, seconded by Mr. Heusted, and unanimously adopted, the City Planning Commission adjourned its 206th Regular Meeting held on June 10, 1969 at approximately 10:30 p.m. CITY PLANNING COMMISSION r2/lira.,-P,_ - ArZ2-(6?2! Harry Wri, tman, :cretary ATTESTED: / Robert Colomina, Acting-Chairman r..