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HomeMy WebLinkAboutPLANNING MINUTES 1970-05-12 8856 MINUTES OF fliE 217th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 12, 1970, the City Planning Commission of the City of Livonia held its 217th Regular 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 12 interested persons in the audience. Members Present. Raymond W. Tent Robert Colomina . Harry Wrightman H. )ow Tunis Joel LaBo Charles W. Walker Fra;-.k Hand Marvin Moser Members ..bsent Joseph Talbot Messes. Don Hull, Planning Director; John J. Nagy, Assistant Planning Director and Robert H. Feinberg, Assistant City Attorney, were present. Mr. Tunis announced the first item on the agenda is Petition 70-•2-3-3 by W. E. Ckeretror requesting to vacate a 20-foot wide public alley north of Five Mile Road between Middlebelt and Cavour Avenue, and a 20 foot wide public alley east of Middlebelt, north of Five Mile Road in Elmdale Subdivision, in the South- west 1/4 of Section 13. 4 Mr. Tent stated there is a letter in the file from the City Engineer, dated March 30, 1970 stated there were no engineering problems; however, recommended an easement be retained ever the area for public purposes and utilities; a letter ftom Consumers Power stated they have no objections; and a letter from Michigan Bell Telephone Company dated May 6, 1970 stated they have equipment in the alley cal have me objections as long as a utility easement is maintained. Mr. Oke.rstrom, the petitioner, was present and explained the reasons for the petition .. he state r_he alley is becoming a thoroughfare; late night parking and breaking cad entering, he discussed the surrounding area. He stated that the east west alley has not been used; the land to the north has been graded and that is being used - he stated that the alley to the north arves no purposes as it dead ends into a residence - there is a gas pump in the center which is used for gasoline fcc truss. Mr. Tent asked if his main concern then is to curtail the traffic and eliminate the vandalism.. Mr. Okerstrom stated that it weld eliminate 90% of the problem - anticipates a parking prob 7r _n the near future as believes the food store owner stated he needed the area for parking. Mr. Wrightman stated in the event this would be deleted as a public alley the Commission would have to retain the easement - how would it help to keep down the traffic flow? Mr. 0kerstrom stated :she easement can be blocked off and fenced - stated there would be no problem with the easement. 11 8857 Mr. Wrightson asked if the buildings glade Middlebelt are not served by the north-south portion of the alley. Mr. Okerstrom stated not to his knowledge - he stated he does not believe the alley is being used for servicing. Mr. Wrightman stated there is C-2 zoning on the eastern side of the alley and suggested it might be better to have a service drive there in the event the lots might be developed. Mr. Okerstrom stated that Cavour services that area. Mr. Wrightman asked, how about the back. Mr. Okerstrom replied, it would have to have a turn around. Mr. Wrightman stated there is a vacant portion going out to Middlebelt between the two buildings which would someday be developed and this might be a problem. Mr. Okerstrom stated that 20' belongs to the north Commercial and 20' belongs to south commercial, adding that they also have a little problem with cars going through. Mr. Colomina asked if the buildings on Middlebelt are not serviced by the alley. Mr. Okerstrom replied no, they are serviced from the side; off the northern part of the east-west alley - they also have another 20' which is vacant between the alley and the building. Mr. Colomina asked what would happen if they wanted to expand the south end of the building. Mr. Okerstrom stated they have the service of the alley; he added that anyone wanting to go into Mid-Five can do so. Mr. Wrightman stated that he drove through the area and observed what exists and the possibility of the vacation, stating that if a plan were drawn up the vacation might be an asset to the existing businesses - if it were properly discussed and planned with the property owners - he wondered what the plans are for the 40' which is privately owned between the two existing buildings - he spoke of access to the rear of the buildings - the 100' between the alley and Cav our that a better planned parking could service the existing buildings, however it would have to be a joint understanding between the property owners. Mr. Wrightman continued that the Milk Depot uses access in and out for their operation to Cavour. He felt there are two things to do (1) they must find out who the land to the east belongs to - the existing business - this makes a difference in how you lay the plan out; and (2) at a study meeting have Mr. Okerstrom and the owners of the other property meet to see what can be done. Mr. Tent agreed with Mr. Wrightman, adding that they are all concerned with off- street parking - they cannot allow it to become another Plymouth Road and stated it should be referred to a Study Session. Mr. Okerstrom demonstrated on the map how the land could be used by the land owners expl'ining who they were. 8858 Mr. Hand stated that if the alley were vacated would petitioner block it. Mr. Okerstrom stated he would block it at the point where the east/west alley meets the north/south alley. A discussion of the entire Commission with Mr. Okerstvom continued - Mr. Wrightman recalled when the land was approved for apartments and half street in the northern portion and that when the Parking Study is made provisions should be made,to open the street to a full size street and a cul-de-sac dedication obtained as it cannot go further north. The original half street was discussed further - Mr. Okerstrom stated that this was a controversial point. Mr. Wrightman stated provisions for the lots facing the east must be made to allow emergency equipment to enter. Mr. Tent stated the matter would be taken under.advisement and:advised Mr. Okerstrom they would let him know when the item is set up for a study so he might attend. Mr. Tunis announced the next item on the agenda is Petition 70-4-1-10 by Gary Goldberg requesting to rezone property located ,on the north- east corner of St. Martins and Middlebelt Road in the Southwest 1/4 of Section 1 from RUF to C-2 and P.S. Mr. Tent stated that a letter from Consumers Power Company had shown no objec- tions to this petition; further a letter from the City Engineer dated April 16, �. 1970 stated there are no storm sewer outlets in the area but the Livonia Drain Project would be completed within 2 years. Mr. Leon Siegal of 17135 W. 10 Mile Road, Southfield, was present to represent the petitioner. He stated he wished to change the zoning to the most com- patible classification with the surrounding area. He stated they wished to put in a restaurant of the chain known as International House of Pancakes on 135 x 190 - the front portion and use the 78' to the rear for professional services. Mr. Wrightman questioned the 78' to be P. S. Mr. Siegal had site plans for the Commission to see. Mr. Wrightman stated he wondered if 78' would be adequate and asked what would be built there. Mr. Goldberg stated it would be 3000 sq. ft. general office building with adequate parking. Mr. Tent stated he felt petitioner must be aware that the City has a Master Plan - they are interested in PS and asked if given the alternative to go PS for the entire parcel would the petitioner agree are they firm on the C-2 & P.S. as requested. Mr. Siegal stated he has seen a copy of the Master Plan and there is Commercial 141, along Middlebelt. 8859 Mr. Hull stated that the recommendation for Commercial Development in the area to which Mr. Siegal refers is C-1 not C-2 and with no waiver uses or special uses to be allowed in the Mall area, meaning restaurants. He added that the revised Livonia Mall Study has been made recommending P.S. in this particular area. Mr. Tent stated if all zoning changes recommended for restaurants were approved in this area they would have solid restaurants there - he stated the Commission had suggested a restaurant with 3 or 4 story building above to another petitioner and they came back with this in mind. Mr. Siegal stated it is easy for the Commission to say put up an office building; how do they know it will go adding that he can show them office buildings finished for over one year which have not been occupied. Mr. Colomina discussed this point with Mr. Siegal - stating that they want to get office buildings with restaurants in them - there are some partially rented but added that when they start renting the whole building will go - he discussed the area in Southfield, Mr. Siegal comes from and the number of office buildings which have been erected. Mr. Tent also discussed the Livonia Pavilion - an office building - 8 story - stating the Commission wants to build from there. die added there are sections 1 in the City which will hold a restaurant. The commission would rather develop slowly and strongly rather than be sorry later. He added that the Planning Staff has done a fine job of building the City and the Commission wants to try to make the potential in the Mall work and must adhere to the Mall Study. Mr. Colomina stated that the traffic probelm worries him - he lives in the area and there are already enough traffic problems. Mr. Wrightman stated there have been many meetings and much staff time put to drawing the Master Plan. The petition in question takes in a parcel of land which is not too large yet it requests two different zone classifications which in itself does not fit in with the Master Plan for the area; he stated this petition if approved would be encouraging lower type of development there. He added 78 x 135 does not seem adequate for PS and stated he feels the petition cannot be considered because of the small site planning and the split zoning. Mr. Wrightman stated it cannot be for high calibre development this way; however, if the petitioner feels he would like to put in something better than a restaurant this is what they Commission, also wants, as what is important here is what is best for the City. As there were no further questions, Mr. Tent, Chairtnan, stated the matter would be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-4-1-13 by Burton-Share, Inc. requesting to rezone property located north of Plymouth Road west of Levan in the Southwest 1/4 of Section 29 from C-2 to M-1. Mr. Tent stated there was nothing in the file objecting to this petition. Mr. Tent asked petitioner if this was a housecleaning operation to bring property previously discussed and not picked up within the legal description of the land. 8860 Mr. Burton asked Mr. Hull if this is not as it is. Mr. Hull replied, yes. Mr. Tent asked if they are working on the land now. Mr. Burton replied, yes; they are putting in an industrial plant; the land in this petition is for parking area only but it was felt that it should be proper- ly zoned which is the reason for this petition. There was no one else wishing to be heard on this petition; therefore, Mr. Tent, Chairm^n, stated the matter would be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-4-2-7 by Ply-Van Corporation requesting to be granted a waiver use permit to use the south 145 feet of lot 29c8 of Plymouth-Levan Industrial Subdivision located on the north side of Plymouth Road, west of Levan Road in the Southwest 1/4 of Section 29 for a restaurant. Mr. Tent advised there were no objections to this petition in the file. Mr. Burton was there representing petitioner and stated this petition was to permit the installation of a reataurant at the area which is the southerly 145' bf Lot 8 and the basis of the request is that a restaurant was originally recommended by this Commission on their plan. He discussed the development of the commercial plan; the medical clinic, etc. He stated the Commission had granted permission to arrange for a restaurant on Lot 5 but the deal fell t 16: through; a new arrangement has been entered into, this time with Biff's for their large restaurant on the southerly portion of Lot 8 instead of on Lot 5. He stated the restaurant on Lot 5 can be withdrawn from the plan as the people cannot go ahead with it. Mr. Tent asked the difference between the two restaurants involved. Mr. Burton stated they were the same type restaurants - low cost food service - different companies; he discussed the restaurants in the area and the need for more stating this would be a good family type restaurant; the land and building will cost $175,000.00 and is one of the oldest restaurant chains in the city, as we711as one of the largest. He stated they will exceed the parking require- ments and the job will be done first class. It is estimated it would serve 3,000 employees in the industrial area. Mr. Tent complemented Mr. Burton on the industrial development to date. However, he discussed the original proposal for a bank, barber shop, family type restau- rant, medical clinic - all on Plymouth Road so that Plymouth Road would be commercial but with a high class area there. To date the only thing that developed was the medical clinic - the original concept seems to have changed he added, as the Commission did not envision the gas station and although there is nothing wrong with Biff's„petitioner had spoken of family trade here where this is mostly industrial and commercial trade and the Commission had hoped for a family type restaurant. He stated he wanted to set the record straight - the original concept was a commercial belt on Plymouth Road which is changed now with a service station, no bank - and he asked what petitioner would propose for the remaining land. 8861 (10 Mr. Burton stated nothing had been changed, except as economically feasible. He stated there is nothing proposed that was not originally proposed - he added he could have gotten the gas station from the beginning and that is a matter of record. He stated the plan was re-evaluated and with the consent of the community they put in the gas station. The City Council voted for this gas station. Mr. Tent stated that the Planning Commission had voted against it. Mr. LaBo stated that a working man with 1/2 hour for lunch wants to go where there is fast service and stated he feels this restaurant is completely in order in this area; he added there are many good sit-down restaurants in the City and would not want this in a residential area. Mr. Hand made reference to the gas station on the corner and asked if petitioner has any specific plans for the occupancy of the remaining areas. Mr. Burton stated he has been trying to bring in complementary businesses into this land and is waiting to fill the lots one by one with uses such as a drug store, office supply store etc. He added it might take some time but it will be completed as an architecturally correlated plan. Mr. Tent asked what Biff's restaurant will look like as compared to the medical clinic. Mr. Burton stated they have been asked to develop a plan to fit in with the ILO medical clinic. Mr. Walker stated most persons in the industrial belt would have only 1/2an hour and would not be able to go to the restaurant however, a large percentage of the businesses would not be industry. Mr. Burton stated he discussed some of these questions with Biff's representa- tive and they s•iggested that many men stop in for breakfast or on the way home; in many businesses one person will pick up lunch for a group. They could, of course, only handle part of the business. Mr. Tent, Chairman, stated this matter would be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-4-2-8 by Fred Sanders, Inc. requesting to be granted a waiver use permit to construct and operate a retail baked goods and confectionery store together with an ice cream parlor type restaurant on property located on the east side of Middlebelt, north of Seven Mile Road in the Southwest 1/4 of Section 1. Mr. Tent stated a letter from the City Engineer, dated April 23, 1970 with reference to this petition states that there is no sanitary sewer available to this site and an open County drain traverses this site. Mr. William Brashear, Attorney represented petitioner on this petition and stated that what they are proposing is unique and different; it is not a restaurant but a retail store for baked goods, etc. and will operate an ice- cream parlorand sandwich shop. It will be a deluxe combination store and restaurant service. He discussed Sanders and their reputation for cleanliness, business practices, civic mindedness and interest in community affairs. He also stated this is not a franchise restaurant. 8862 Mr. Tent stated that Sanders has a restaurant in the Livonia Mall and asked if they are proposing to vacate the one in the Mall or are they going to run both in the area. Mr. Tyke stated, they would want both, Mr. Tent reminded petitioner that a petition for an A & P in the area was withdr_•.awn because of the traffic problem; a pancake house was also denied for the same reason. Mr. Brashear stated that their main item would be the ice cream parlor. Mr. Tent suggested a high-rise with a Sanders in the bottom. Mr. Hard asked what kind of survey petitioner runs to assure himself that the operation would be successful. Mr. William Tyke, Director of Operations of Sanders, stated they have 55 Sanders operations - none is a free standing operation. This would be a 7 day operation. Mr. Hand suggested that they are successful now because they are within the Mall and it is convenient for persons to stop for a sundae, however, to suggest that a mother would go across Middlebelt Road in heavy traffic to buy a sundae and go back, was questiona:le. Mr. Tyke s':ated they want a retail store and ice-cream parlor business. Mr. Tent also felt the traffic problem in the area is bad now and persons could not cross the street for ice crdam. Mr. Tyle stated they had not planned on walking traffic. Mr. Colomina asked if this would be a 7 day operation. Mr. Tyke stater:, yes; from 10 to 10. He stated much of the retail business now is done on Sunday and in the evenings. In the Mall you cannot operate on those hours. Mr. LaBo stated he is a great Sanders fan but feels that this land is much too valuable for a restaurant. Mr. Wrightman also stated he is a Sanders fan and would like to see this restaurant but in another part of the City. Mr. Tent, Chairman, stated the matter would be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-4-1-11 by the City Planning Commission on its own motion to rezone rroperty located on the south side of Schoolcraft Road, west of Inkster Road in the Northeast 1/4 of Section 25 from: RUFF to M-2. Mr. Tent stated there is a letter in the file from Mr. Gilbert B. Silverman stating he has no objection to this petition. Mr. Tent further stated that there are no utility objections nor engineering problems. 8863 there being no one wishing to be heard on this petition, Mr. Tent, Chairman, stated the matter would be taken under advisement. Mr. Tunis, announced the next item on the agenda is Petition 70-4-1-12 by the city Planning Commission on its own motion to rezone property located west of Farmington Road, north of Plymouth Road in the Southeast 1/4 of Section 28, from RUF to M-1. Mr. Tent stated there are letters in the file from the utility companies and from the City Engineering Department showing no objection to this petition. He stated that this is a housekeeping chore to round out the zoning in this sector of the City. Mr. Tent, Chairman, stated this matter would be taken under advisement. On a motion duly made by Mr. Walker, seconded by Mr. Colomina and unanimously carried, it was #5-44-70 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on May 12, 1970 at approximately 9:50 p.m. * * * * * * * * * * * * * * * * * * Mr. Tent, Chairman, called the 217th Regular Meeting to order at approximately 10:05 p.m. with approximately 12 interested persons in the audience as were It: present for the public hearing. Mr. Tunis, secretary, announced the first item on the agenda is Petition 70-2-3-3 by W. E. Okerstrom requesting to vacate a 20 foot wide public alley north of Five Mile Road between Middlebelt and Cavour Avenue and a 20 foot wide public alley east of Middlebelt Road, north of Five Mile in Elmdale Subdivision in the Southwest 1/4 of Section 13. Mr. Tent, Chairman, stated this matter would be taken under advisement. Mr. Tunis, Secretary, stated the next item on the agenda is Petition 70-4-1-10 by Gary Goldberg requesting a rezoning of property located in the northeast corner of St. Martins and Middlebelt Road in the Southwest 1/4 of Section 1 from RUF to C-2 and P.S. On a motion duly made by Mr. Wrightson, seconded by Mr. Colomina and unanimously carried, it was #5-45-70 RESOLVED, that pursuant to a Public Hearing having been held on May 12, 1970 on Petition 70-4-1-10 as submitted by Gary Goldberg requesting to rezone property located on the north- east corner of St. Martins and Middlebelt Road in the Southwest 1/4 of Section 1 from RUF to C-2 and P.S., the City Planning tiv Commission does hereby recommend to the City Council that Petition 70-4-1-10 be denied for the following reasons: (1) The commercial zoning is in conflict with the new Master Plan for the Livonia Mall area. 8864 (2) The fragmented remaining portion of P.S. zoning does not lend itself to quality office development. (3) There is a large volume of traffic within this area of the City that is extremely difficult to control; additional high traffic volume commercial use such as the proposed restaurant will only compound this situation. (4) There are numerous restaurants within the Livonia Mall area and there is no need to duplicate this service. (5) The development of a restaurant, which is the reason for the rezoning, could adversely effect the development potential of the adjacent lands. (6) There is no immediate solution for handling the storm drainage within this area; based upon this, the site would not have development potential for the next two years. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of April 22, 1970 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. Tunis, Secretary, announced the next item on the agenda is Petition 70-4-1-13 by Burton-Share, Inc. requesting to rezone property located north of Plymouth Road west of Levan in the Southwest 1/4 of Section 29 from C-2 to M-1. On a motion duly rade by lir. Walker, seconded by Mr. Moser and unanimously carried, it was #5-46-70 RESOLVED that, pursuant to a Public Hearing having been held on May 12, 1970 on Petition 70-4-1-13 as submitted by Burton-Share, Inc. requesting to rezone property located north of Plymouth Road west of Levan in the Southwest 1/4 of Section 29, from C-2 to M-1, the City Planning Commission does hereby recommend to the City Council that Petition 70-4-1-13 be approved for the following reasons: (1) This rezoning is consistent with the Master Plan of the City. (2) This rezoning is consistent with converting the lands between Schoolcraft and Plymouth Road to an industrial belt. (3) This is a logical expansion of existing zoning and consistent with the land use pattern of the area. (4) The zoning will now correspond to lot lines. 8865 FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of Aprill 22, 1970 and a notice of such hearing was sent to the Detroit Edison Company, Cheseapeake & 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. Tunis, Secretary, announced the next item on the agenda is Petition 70-4-2-7 by Ply-Van Corporation requesting to be granted a waiver use permit to use the south 145 feet of lot 29c8 of Plymouth-Levan Industrial Subdivision located on the north side of Plymouth Road, west of Levan Road in the Southwest 1/4 of Section 29, for a restaurant. Mr. Moser asked if it should not be made a point of record that Lot 5 will not be used for a restaurant. Mr. Hull stated that Mr. Burton stated he would clear with the Council any uses he intended to put in the land and does not feel there is any need to retract or change any action which is on the record. Mr. Tent stated the land had not actually been designated as a restaurant. Mr. Burton stated that the man who bought Lot 5 made application on his own. Mr. Tent stated he feels this should be researched before it goes to Council and if the lot has been designated for a restaurant it should be vacated from that parcel before this usage is transmitted to the Council. Mr. Hull stated this cannot be done; he did not feel a resolution should go back before Council to rescind the action; he added that a waiver use for a restaurant only runs for one year and there has been no restaurant proposal on that site, so this point is technically dead anyway. Mr. Walker asked who controls Lot 5. Mr. Burton stated that he does; he now owns it again and there is no commitment for a restaurant. On a motion duly made by Mr. LaBo, seconded by Mr. Moser and unanimously carried, it was #5-47-70 RESOLVED that, pursuant to a public hearing having been held on May 12, 1970 on Petition 70-4-2-7 by Ply-Van Corporation requesting to be granted a waiver use permit to use the south 145 feet of Lot 29c8 of Plymouth-Levan Industrial Subdivision located on the north side of Plymouth Road, west of Levan Road in the Southwest 1/4 of Section 29 for a restaurant, the City Planning Commission does hereby recommend to the City Council that Petition 70-4-2-7 be approved for the following reasons: 8866 1E: (1) This is a use compatible with the industrially oriented commercial zoning that was previously granted to accommodate the adjacent industrial park. (2) There is a need for this type of facility in this sector of the City especially as it relates to serving the working force of adjacent industrial developments. FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Depart- ments as listed in the Proof of Service. Mr. Tent, Chairman, declared the foregoing motion carried and the above resolution adopted. Mr. Tunis, Secretary, announced the next item on the agenda is Petition 70-4-2-8 by F_ad Sanders, Inc. requesting to be granted a waiver use permit to construct and operate a retail baked goods and confectionery store together with an ice cream parlor type restaurant on property located on the east side of Middlebelt, north of Seven Mile Road in the Southwest 1/4 of Section 1. On a motion duly made by Mr. LaBo, seconded by Mr. Wrightman and unanimously carried, it was #5-48-70 RESOLVED that, pursuant to a public hearing having been held on May 12, 1970 on Petition 70-4-2-8 as submitted by Fred Sanders, Inc. requesting to be granted a waiver use permit to construct and operate a retail baked goods and confectionery store together with an ice cream parlor type restaurant on property located on the east side of Middlebelt, north of Seven Mile Road in the Southwest 1/4 of Section 1, the City Planning Commission does hereby recommend to the City Council that Petition 70-4-2-8 be denied for the following reasons: (1) A use of this type will generate a high volume of traffic that could conflict with the traffic flow along Middlebelt Road. (2) The proposed use conflicts with the spirit of the Master Plan for the Livonia Nall study area. (3) A use of this type would have an adverse effect on the adjacent development and detract from the stability of the general area. (4) The proposed use is not of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding area. (5) There are numerous similar existing facilities within the general area that will provide a similar service to the people of the City. 8867 (6) There are engineering problems relating to sanitary sewer and storm drainage that must be resolved before development can take place on this site; it appears that it would be difficult to resolve ail engineering problems within the one year period for which time a waiver use is normally granted. FURTHER RESOLVED, notice of the above public hearing was sent to property owners with in 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. Mr. Tunis, Secretary, announced the next item on the agenda is Petition : - . 70-4-1-11 by the City Planning Commission on its own motion to rezone property located on the south side of Schoolcraft Road, west of Inkster Road in the Portheast 1/4 of Section 25 from RUF3 to M-2. On a motion duly made by Mr. Walker, seconded by Mr. Moser and unanimously carried, it was #5-49-70 RCOLVED that, pursuant to a Public Hearing having been held on May 12, 1970 on Petition 70-4-1-11 as submitted by the City Planning Commission on its own motion to rezone property located on the south side of Schoolcraft Road west of Inkster Road in the Northeast 1/4 of Section 25, from RUFB to M-2, the City Planning Commission does hereby recommend to the City Council that Petition 70-4-1-11 be approved for the following re2sons: (1) This rezoning is consistent with the creation of an industrial belt: in the lands lying between Plymouth and Schoolcraft Road. (2) This rezoning is consistent with the Master Plan of the City of Livonia. (3) This is a logical e•:ten.sion of existing zoning. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of April 22, 1970 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. Tunis, secretary, announced the next item on the agenda is Petition 70-4-1-12 by the City Planning Cormission on its own motion *o rezone property located west of Farmington Road north of Plymouth Road in the Southeast 1/4 of Section 28 from RUF to M-1. 86 7 88 (6) There are engineering problems relating to sanitary sewer end storm drainage that must be resolved before development can take place on this site; it 1[40appears that it would be difficult to resolve all engineering problems within the one year period for which time a waiver use is normally granted. FURTHER RESOLVED, notice of the above public hearing was sent to property owners with in 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. Mr. Tunis, Secretary, announced the next item on the agenda is Petition : " 70-4-1-11 by the City Planning Commission on its own motion to rezone property located on the south side of Schoolcraft Road, west of Inkster Road in the Northeast 1/4 of Section 25 from RUFB to M-2. On a motion duly made by Mr. Walker, seconded by Mr. Moser and unanimously carried, it was #5-49-70 RESOLVED that, pursuant to a Public Hearing having been held on May 12, 1970 on Petition 70-4-1-11 as submitted by the City Planning Commission on its own motion to rezone property located on the south side of Schoolcraft Road west of Inkster Road in the Northeast 1/4 of Section 25, from RUFB to M-2, the City Planning Commission does hereby recommend to the City Council that Petition 70-4-1-11 be approved for the following reasons: (1) This rezoning is consistent with the creation of an industrial belt in the lands lying between Plymouth and Schoolcraft Road. (2) This rezoning is consistent with the Master Plan of the City of Livonia. (3) This is a logical extension of existing zoning. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of April 22, 1970 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. Tunis, secretary, announced the next item on the agenda is Petition 70-4-1-12 by the City Planning Commission on its own motion to rezone property located west of Farmington Road north of Plymouth Road in the Southeast 1/4 of Section 28 from RUF to M-1. 8868 On a motion duly made by Mr. Colomina, seconded by Mr. Wrightman and unanimously carried, it was #5-50-70 RESOLVED that, pursuant to a Rublic Hearing having been held on May 12, 1970 on Petition 70-4-1-12 as submitted by the City Planning Commission on its oto Motion to rezone property located west of Farmington Road north of Plymouth Road in the Southeast 1/4 of Section 28 froth RUF to M-1, the City Planning Commission does hereby recommend to the City Council that Petition 70-4-1-12 be approved for the following reasons: (1) The rezoning of this land is consistent with the creation of development in the industrial belt between Plymouth and Schoolcraft Roads. (2) The rezoning of this land is consistent with the Master Plan of the City. (3) This land does not have desirable characteristics for residential use and is ideal for industrial belt and especially because of its proximity to the railroad. (4) This is truly spot zoning because the land involved is physically small and unrelated to the zoning pattern of the area. I FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of April 22, 1970 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 foregoing motion carried and the resolution adopted. Mr. Tunis, secretary, announced the next item on the agenda is Petition 69-10-1-33 (revised) by Encore Restaurant requesting to rezone property located on the west side of Middiebelt Road between Bretton and St. Martins in the Southeast 1/4 of Section 2 from RUFA to P.S. (revised from RUFA to C-2) . Mr. Tent explained the modification of the petition from the request to C-2 to the present request for P.S. On a motion made by Mr. Walker, seconded by Mr. Moser, and unanimously carried, it was #5-51-70 RESOLVED that, Petition 69-10-1-33 submitted by Encore Restaurant requesting to rezone property located on the west side of Middle- belt Road between Bretton and St. Martins in the Southeast 1/4 of Section 2 from RUFA to C-2 be and is hereby revised to request the zoning change from RUFA to P.S. (City Planning Resolution #11-163-69) . ' .{8869 11:10 Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Then, on motion duly made by Mr. Colomina, seconded by Mr. Hand, and unanimously carried, it was #5-52-70 RESOLVED that, pursuant to a public hearing having been held on November 18, 1969 on Petition 69-10-1-33 as submitted by Encore Restaurant requesting to rezone property located on the west side of Middlebelt Road between Bretton and St. Martins in the Southeast 1/4 of Section 2 from RUFA to C-2; said petition having been revised to request zoning change from RUFA to PS, .the City Planning Commission does hereby recommend to the City Council that Petition 69-10-1-33 be approved as revised for the following reasons: (1) Professional Service zoning in this area is consistent with the Master Plan for the Livonia Mall area. (2) It is a logical land use for this sector of the City because of its low intensity of use and because it will generate a relatively high valuation and require a minimum amount of City services. (3) The petitioner agrees that this is a logical use for the land and that it could not possibly accommodate the originally intended use (restaurant) that he had in mind when he petitioned for C-2 zoning. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of October 29, 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. Tunis, secretary, announced the next item on the agenda is Petition 70-5-8-6 by L. R. Schrader requesting site plan approval for professional service development proposed to he located on the northeast corner of Melvin Avenue and Clarita in the Northeast 1/4 of Section 11. Mr. Tunis read the conditions for approval of this petition. Mr. Tent asked with reference to the wall surrounding all of the property; with reference to one corner, should the wall be waived by anyone for that area would petitioner agree to screen it. I Mr. Schrader agreed to do this. On a motion duly made by Mr. Moser, seconded by Mr. Wrightman and unanimously carried, it was tie #5-53-70 RESOLVED that, the City Planning Commission, pursuant to Section 18.56 (Ordinance #788) of the Zoning Ordinance, Ordinance #543, as amended, does hereby recommend to the 8870 City Council that Petition 70-5-8-6 requesting site plan approval for professional service development proposed to be located on the northeast corner of Melvin Avenue and Clarita in the Northeast 1/4 of Section 11 be approved subject to the following conditions: (1) That a detailed landscape plan be prepared and submitted to the Planning Commission for approval within six months after final approval. (2) That the landscaping in proximity to each building be installed within one year of the time that the building permit is applied for and that such landscaping be installed according to the plan approved by the Planning Commission. (3) That Site Plan dated May 4, 1970 be adhered to and that architectural plan, as submitted be adhered to. for the following reasons : (1) It is of sufficient calibre to justify our approval. (2) It is designed so as to be compatible with the adjacent development and will not adversely effect it. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis, secretary, announced the next item on the agenda is Petition 70-5-8-7 by J.Sutherland requesting site plan approval for restaurant proposed to be located on the south side of Seven Mile Road between Middlebelt and Maplewood in Section 12. There was a short discussion regarding this petition regarding parking requirements as discussed at the study session; the fact that Inspection stated there was sufficient. Mr. Hull had received a letter from Mr. Kerby chief Building Inspector, stating that petition conforms with the Zoning Ordinance; that a protective wall will be required along the east property line and the parking complies with the ordinance. This letter, dated May 11, 1970, answered all questions. Mr. Hand asked if there wasn't a problem here of the erection of a wall on an easement. A discussion_.followed; Mr. Nagy stated the wall would be built on the property line. Mr. Tent asked about the overhang over the easement asking if this can protrude over the line. Mr. Feinberg asked if it is an underground easement. Mr. Hull suggested that non-supported overhangs are allowable. Mr. Colomina pointed out that there are supports on the edge and pointed it out on the plan. After continued discussion, he asked how much area there 8871 I was from the building to the property line on the west side and if the building could be moved 3 1/2" or woad the parking requirements be effected, etc. It was suggested that this would be a logical solution to the problem and the Commission suggested approval subject to no encroachment on the easement. On a motion by Mr. Wrightman, seconded by Mr. Hand and unanimously carried, it was #5-54-70 RESOLVED that, pursuant to Section 18.56 (Ord.#788) of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, the City Planning Commission does hereby recommend to the City Council that Petition 70-5-8-7 by J. Sutherland requesting approval of plans for a restaurant proposed to be located on the south side of Seven Mile Road between Middlebelt and Maplewood in Section 12 be approved with the following conditions: (1) That there be no illegal encroachment of the building on any easements. (2) That Site and Landscape Plan #6932 dated May 8, 1970 (Rev.) , and Architectural Plan #6932 dated December 30, 1969 be adhered to. (3) That the landscaping as indicated in the approved plan be installed within one-and-one-half years of this date. 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 adopted. Mr. Tunis, secretary, announced the next item on the agenda is Petition 70-3-2-6 by Harld Kelso requesting approval of a Class C Liquor licensed establishment proposed to be operated in building located on the south side of Plymouth Road, west of Farmington Road, in the Northeast 1/4 of Section 33. On a motion duly made by Mr. Colomina, seconded by Mr. Wrightman, it was #5-55-70 RESOLVED that, pursuant to a public hearing having been held April 14, 1970 on Petition 70-3-2-6 as submitted by Harold Kelso requesting approval of a Class C Liquor licensed estab- lishment proposed to be operated in a building located on the south side of Plymouth Road, west of Farmington Road, in the Northeast 1/4 of Section 33, the City Planning Commission does hereby recommend to the City Council that Petition 70-3-2-6 be denied for the follo:r_ng reasons: IL: (1) It is not logical to intensify the use of this existing structure when it is in such close proximity to Plymouth Road; the building is on the right-of-way line and the sidewalk in the front of the building falls within the proposed right-of-way. (2) It is the Commission's feeling that when there are so 8872 few liquor licenses available they should not encourage their issuance where structures do not conform to the setback standards of the Ordinance. FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet; petitioner; and City Departments, as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted as follows: AYES: Walker, Tont, Wrightman, Hand, Colomina, LaBo, Tunis NAYS: Moser Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. An Tunis, secretary, announced the next item on the agenda is discussion and review of Petition 69-3-2-7 by Simone Corporation in behalf of the Michigan Home for the Armenian Aged requesting permission to construct and operate a home for the aged as a waiver use on property located on the west side of Middlebelt Road south of Wentworth' Avenue in the Southeast 1/4 of Section 14. Mr. Hull stated that the petition originally granted a waiver use to accommodate IL; an Armenian Old Folks Home some 15 months ago - which will run out in June. Petitioners have been trying to resolve the plans with their clients but under- stand that they are having a great deal of difficulty getting the original client to effectuate the original plans that were approved; they are coming forth with revisions which the Planning Department feels are substantial. Mr. Hull stated the department would show the original concept agreed to and let the architect and builder show the modifications they wish to make. There was a discussion of the Commission with Mr. Dyer; the same square footage is maintained, one less room; the porte cochere; the 6 acres of land involved and Mr. Wrightman stated that there was very little change so that they could actually act on this matter. Mr. Hull stated the elevation has been changed. Mr. Walker stated they need final action so that they have extension to the waiver adding that as a matter of record the extension of the waiver use permit if granted goes "from this period", to which Mr. Dyer stated he might need more time. Mr. Walker suggested that the petitioner receive a 6 month's extension based on the revised plans submitted. On a motion duly made by Mr. Walker, seconded by Mr. Tunis, and unanimously carried, it was #5-56-70 RESOLVED that, pursuant to a request from Simone Corporation requesting approval by the Planning Commission of a revised site plan for the Michigan Home for the Armenian Aged proposed to be constructed on property located on the west side of Middle- belt Road south of Wentworth Avenue in the Southeast 1/4 of Section 14, (Petition 69-3-2-7) the City Planning Commission does hereby determine that the proposed revisions are of a minor nature and the revised site plan is approved. 8873 I FURTHER RESOLVED, that a six-month extension of the approval given on Petition 65-3-2-7 is granted, such approval to expire on November 13, 1970. Mr. Tent, Chairman, declared the motion catried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is approval of the minutes of the meeting held by the City Planning Commission on March 17, 1970. On a motion duly made by Mr. Walker, seconded by Mr. Wrightman, it was #5-57-70 RESOLVED that, the minutes of the City Planning Commission meeting held March 17, 1970 be approved (as amended) . A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Tent, Wrightman,Hand, Moser, LaBo and Tunis NAYS: None ABSTAIN: Colomina Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis, Secretary, stated the next item on the agenda bras a resolution to clarify minutes of meeting held by the City Planning Commission on April 14, 1970. Mr. Tent stated that a resolution is proposed to -amend and clarify the minutes of the April 14, 1970 meeting. On a motion duly made by Mr. Wrightman, seconded by Mr. Colomina and unanimously carried, it was #5-58-70 RESOLVED that, pursuant to requests of the petitioners to withdraw Petitions #70-2-2-3 and #70-2-3-2, ,''/73-2-i-7, City of Li-ionia Planning Commission does hereby concur and approves the withdrawal of said petitions and further resolves that no further action by the City regarding these petitions is necessary and that the minutes of the meeting held on April 14, 1970 be amended accordingly. Mr. Tent, Chairman, declared the foregoing motion carried and the above resolution adopted. On a motion duly made by Mr. Moser, seconded by Mr. Colomina and unanimously adopted, the City Plmni.ng Commission adjourned their 217th Regular Meeting at approximately 11:00 p.m. IL: ATTESTED: CITY PLANNING COMMISSION Raymo Td. -Tett, an H. Low Tunis, Secretary