HomeMy WebLinkAboutPLANNING MINUTES 1970-07-07 8892
MINUTES OF THE 219th REGULAR MEETING
AND A PUBLIC HEARING HELD BY THE CITY
PLANNING COMMISSION OF THE CITY OF LIVONIA
On Tuesday, July 7, 1970, the City Planning Commission of the City of Livonia,
held its 219th Regular Meeting and a Public Hearing at the Livonia City Hall,
33001 Five Mile Road, Livonia, Michigan.
Mr. Raymond W. Tent, Chairman, called the Public Hearing to order at approximately
8 i5 p.m. with approximately 250 persons in the audience.
Members present: Raymond W. Tent Robert Colomina Charles Walker
H. Dow Tunis Francis Hand Marvin Moser
Joseph Talbot Daniel Andrew
Members Absent: None
Messrs. Don Hull, Planning Director; Robert Menzies and H. G. Shane of the City
Planning Department; Gary Sackett, Assistant City Attorney, and John J. Nagy,
Industrial Development Coordinator, were also present.
Mr. Tunis announced the first item on the agenda is Petition 70-5-1-19 by
Foodmaker, Inc. (subsidiary of Ralston Purina Company) requesting
to rezone property Located on the northwest corner of Five Mile
Road and Levan Road in the Southwest 1/4 of Section 17, from
C-1 to C-2 for restaurant purposes.
Mr. Tent stated that a letter in the file from the Chief City Engineer indicates
there are no engineering problems connected with the petition but Mr. Tent
stated there is an Ordinance violation relative to parking.
Mr. L. Mier, Attorney representing the petitioner, was present and stated that
Mr. Walter Kowalt, whom he introduced, is the engineer in the area, and stated
that the purpose of this request is for a restaurant and that Ralston Purina is
the prime mover of Jack-in-the-Box Restaurants and that this one will be a sit-
down restaurant. He said he is aware of the violation regarding parking spaces
but an alternate proposal has been given to Mr. Hull tonight increasing the park-
ing spaces and the seating will be brought down to 43; that will take care of the
violation. Mr. Kowalt stated the nearest restaurant to this site is one-and-one-
half miles away and that the hours of operation contemplated for this restaurant
will be consistent with the shopping center, basically Sunday through Thursday,
from 10:00 a.m. to 10:00 p.m. and on week-ends from 10:00 a.m. to 12:00 midnight.
Mr. Kowalt stated they have two basic type operations in the United States and in
the State of Michigan already constructed are small drive-through carry-outs.
There are ten open and ten under construction. He stated a slightly larger build-
ing is contemplated here with complete sit-in facilities, being a little different
from others in the Michigan area inasmuch as it is not a franchised restaurant,
but all restaurants are owned and operated directly. He said they have salaried
managers who are sometimes granted a short-term lease. Mr. Kowalt stated they
feel they have control of quality and service over the restaurant which is operated
as a commissary restaurant with food items being prepared in a larger commissary
in San Diego and shipped to restaurants in other areas. This, he stated, eliminates
food preparation at the location making no garbage. He said they propose to buy
the land which is not close to a residential area and they feel they are adding
to the desirability of the corner and any traffic problems will be alleviated by
the widening of Five Mile Road.
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Mr. Tent asked if they have an option on the property and what the menu will be.
Mr. Kowalt stated they have an option on the property and their menu will include
chicken, shrimp, taccos, hamburger and cheeseburgers; that it will be a modified
drive-in restaurant but where you will sit-in.
Mr. Tent stated good sit-down restaurants are always wanted in Livonia with a
prepared menu but there seems to be a change-about in the drive-in facilities -
they call them sit-down but have a limited menu and this Jack-in-the-Box would
be classified the same as McDonald's or Big Boy.
Mr. Kowalt stated he wouldn't classify it as such because they do have more items
than the regular drive-in but not an unlimited menu.
Mr. Andrew stated he assumes they have an option to buythe property subject to
rezoning.
Mr. Kowalt stated, yes.
Mr. Andrew requested to know if they plan to apply for a liquor license.
Mr. Kowalt replied, no.
Mr. Leonard S. Hyman, 36132 Sherwood Drive, President of Fairway Farms Civic
Association stated he had no prior knowledge of this item being on the agenda so
their association has not held a meeting on the subject but the petitioner
mentioned there would be a traffic problem which would be alleviated by the
widening of Five Mile Road but Five Mile is not widened now and there would be
a problem. He stated there is a violation of the parking ordinance, that this•
restaurant is not needed in the area where there are $35,000 to $50,000 homes and
that this neighborhood does not support this type of restaurant.
Mr. Tent stated that the Planning Commission previously zoned all the land in
the area to C-1 in order to control the number of car washes, restaurants, etc.,
coming into the area and this is the result tonight -- a petition for C-2.
Mr. Mier stated that retail stores are permitted under C-i and read from the
Ordinance other uses allowed in a C-1 and stated that the point he would like to
make is that there is a traffic problem because the road is not widened but this
will continue until it is and any C-1 or C-2 uses will contribute the same as what
he proposes.
A resident, 39169 Ross, questioned if all restaurants are required to have C-2
zoning.
Mr. Tent stated that all restaurants have to come in for a waiver use and if they
need C-2 zoning they have to apply for a change to the C-2 category, then come in
for a waiver use. He said the Commission wants to decide if this particular use
is good for the area and that consideration will be given on the traffic and other
ILW problems.
There was no one else wishing to be heard regarding this item. Mr. Tent stated
the item will be taken under advisement.
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Mr. Tunis announced the next item on the agenda is Petition 70-6-1-23 by
Rodney C. Kropf, Attorney for Sam and Joy Moy, requesting to
rezone property located on the west side of Middlebelt Road,
south of Six Mile Road in the Northeast 1/4 of Section 1, from
C-1 and P.S. to C-2.
Mr. Tent stated a letter in the file from the City Engineer indicates there are
no engineering problems relating to this petition and that the zoning is being
pursued by the petitioner for an expansion of the existing facility and a liquor
license.
Mr. Rodney Kropf, Attorney representing the petitioner, was present and stated
there is presently a restaurant which they are attempting to expand 100 seats
in a new type restaurant advantageous to the general public and the City. He
said they have made application for a liquor license and that requires a C-2
zoning and also the financing requires it. He stated the school is used by the
school district for other purposes at this time and that it is intended by the
petitioner to spend $100,000 to $150,000 on the expansion.
Mr. Tent stated the Commission would like to see more detailed site plans,
showing parking, etc., elevations and architectural plans.
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Mr. Kropf stated they will have them and that they have ordered a detailed site
plan showing the parking also elevations.
Mr. Colomina questioned the need to rezone Lots 36, 37 and 38 to C-2 when the
proposed expansion will be to the north on Lot 36, and the parking will be done
on Lot 38. He stated that rather than C-2 for three lots it might be better to
modify some of it to parking.
Mr. Kropf stated the petition could be amended but they will submit a detailed
site plan showing the entire lay out but very probably the parking will be on
Lot 38.
Mr. Colomina stated he is leerie of that much C-2 because other things could go
in.
Mr. Andrew questioned when the liquor license was applied for and if the proximity
of the school will affect the issuance of that license.
Mr. Kropf stated the liquor license was papplied for a couple of years ago.
Mr. Tent asked if the client would go ahead with the expansion without the liquor
license.
Mr. Kropf stated, very definitely so.
Mr. Tent stated, then the license has no bearing on this.
Mr. Kropf replied, no.
There was no one else present wishing to be heard regarding this item. Mr. Tent
stated the item will be taken under advisement.
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Mr. Tunis announced the next item on the agenda is Petition 70-5-2-10 by
Richard A. Hamilton, Attorney for the Salvation Army, requesting
to be granted a waiver use permit to construct and operate a
church and related uses on property located on the west side of
Inkster Road, between Meadowbrook and Oakley in the Northeast 1/4
Section 24.
Mr. Tent stated there is a letter in the file from the Chief Engineer indicating
that the alley needs to be vacated prior to development and an easement dedication
needed for the construction of a drain and that there is a problem regarding storm
drainage outlets in this area. There is also a letter in the file from Mr. and
Mrs. Benson objecting to the petition and a telegram stating the objections of
Mr. and Mrs. Cecil A. Chapion, 2601 Andover Road, Columbus, Ohio who are owners
of property adjacent to 14451 Inkster Road in Livonia.
Mr. Richard A. Hamilton, Attorney for the Salvation Army, was present and stated
that with regard to the letter from the City Engineer concerning the storm
drainage problems, he had talked with Mr. Kropf this evening and he indicated that
Mr. Brook has conveyed ,the4easements necessary to make the storm sewer available
to this site. They have received inquiries and have been notified of objections
on the part of the people which he feels are basically the results of misinformation
as to what is proposed. This will be a church site - this is a religious
institution with separate and distinct divisions. The Minister of the Church is
here tonight, he said, and would like to explain to the audience and Commission
just exactly what the Salvation Army is and what use they intend to make of this
property.
Major Herbert Luhn, Detroit Citadel Corps, 601 Bagley Avenue, Detroit, Michigan,
made the presentation of plans and read a written statement saying that he is
very glad that the Ordinances of Livonia require that there be a public hearing
on a matter of this sort to afford them the opportunity of getting to know and
understand each other better (Commission, Church and neighbors), and that Heaven
only knows how little is known of the Salvation Army; that his role is trying
to paint a picture of the Salvation Army and what they want to put in Livonia.
He stated he is a Maior in the Salvation Army and an ordained Minister of the
Gospel, and as a Corps Officer he has two basic functions; a Pastor of the local
Salvation Army congregation and that of a community worker. When he put on his
uniform he becomes a servant of the community at large and his aim is to do what
he can to make this commgnity better. The Salvation Army is divided into forty-
six territories and in every territory throughout the world there is Corps work;
in seventy-one different countries. The Corps headquarters is Chicago which had
divided this field work into eleven divisions, and operated directly from the
headquarters in Chicago are their service programs - men's social, women's social,
etc. They hope to locate in Livonia a neighborhood corps. Major Luhn stated also
that the National Headquarters is located in England.
Major Luhn continued that the Corps has a two-fold function; it provides a place
of worship and also facilities for community service. The congreagational
activities are regulated by a Corps Council. They also have an Advisory Board
made up of community leaders. One of the first things they would be doing in
Livonia would be organizing this Board and this group will have a voice in what
the Corps would plan in Livonia. The corps offers a facility and dedicated service
and the community tells them what is wanted in the community. He stated he cannot
say what the services will be but the services offered will be appropriate to the
neighborhood and community since the leaders of the community on the Advisory
Board will make these decisions. This Advisory Board will have a powerful voice
in stating what type of community services are wanted in Livonia. They have found
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tetthat every community can use all the help they c'an get. No community has escaped
untouched from the problems of today. A Salvation Army Corps can be and is
a plus factor in the fight against these ills. Livonia was selected because most
of their congregation live out this way. This specific site was selected because
of its proximity to the Jeffries Freeway, and it appears the only logical course
is to locate where your people are or you lose them. Tto years were spent exploring
sites in the Livonia area and this one is the only Otte available which suits the
needs of their congregation. Major Luhn said they have already developed a respect
for the enighbors in this area; it is a fine neighborhood and if he felt the
coming of the Salvation Army to the neighborhood would be detrimental then he
would personally recommend the withdrawal of their petition. He said they will
put up an attractive structure and it will be well kept, and the influence of
the activities of this Corps he believes will be more benefit to all the
community in the years to come if used for the Salvation Army than any other pur-
pose that comes to mind.
Mr. Tent questioned that Major Luhn indicated this would be a church; will there
be any other related activities associated with this church.
Major Luhn stated no, the Salvation Army Corps work is something completely
distinct from their social work. The social sections working on skid row are
under different responsibility and he said he can state unequivocably that there
are no plans for a social section, alcoholic center, or any other activities of
this type in this facility.
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Mr. Tent stated that in Garden City there is a large store and asked if that is
part of the Corps.
Major Luhn stated that is part of the men's social center where the Salvation
Army puts people with personal problems to work. This comes under the separate
and district classification and has a separate and distinct organizational
hierarchy. Those activities answer directly to Chicago and not Detroit. The
related uses on the petition refer to possible service that some Corps have put
into operation such as Boy Scouts and Girl Scouts who would be able to use the
facilities even though it is not a church service but because it is related to
service to the community.
Mr. Colomina questioned how many families that will belong to the congregation
will live in the City of Livonia.
Major Luhn said there are five families in the congregation within the City limits
of Livonia but there are some Salvation Army families in Livonia that go to
church in other areas.
Mr. Colomina requested clarification on the statement that the Advisory Board
would be people from the City of Livonia.
Major Luhn stated, yes and perhaps Redford as well; actually the area that
they will be servicing. They will attempt to make the Board from people that
they are servicing and the Advisory Board members are not Salvation Army people.
Mr. Colomina stated that he has had several calls from people who asked him to
ask some questions; one being that the operation in Detroit has about two years
and then they have to move and if that operation is closed and there were
derelicts or alcoholics, would this church be in a position to refuse them.
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Hr. Hamilton stated there is nothing about a two-year limitation but he believes
the question to refer to replacing of the 'current men's social service center
on Lafayette with a warehouse and they will be relocating in that building. He
stated he didn't believe there would be any question but that they would have to
refuse; this area is bound by residential zoning and anyother uses would in
violation of the restrictions. Mr. Hamilton said they have received questions
regarding depreciation of property values and introduced Mr. Edward J. McDonnell,
Real Estate Consultant and Appraiser, who they had asked to make a study of
depreciation of values.
Mr. Edward J. McDonnell, 33727 Argone, Farmington, Michigan, stated he is a
professional Appraiser and lives in Farmington. He stated the petitioners
requested him to make a survey to determine if there is any evidence of deprecia-
tion when a church it erected in a residential neighborhood. A real estate
appraisal is an opinion but that opinion should be based on fact, not on rumors.
He stated he made a survey in the Livonia and Redford area and went back six years
to check the sales data and also went to these different churches; Aldersgate
Methodist, First Baptist Church, St. Michael's Church, St. Roberts, Hosanna-
Tabor Lutheran Church and Rosedale Presbyterian Church, and after checking on
these sales it was difficult to find the ideal situation to really give any
concrete evidence except one situation. That one is the St. Michael and Rosedale
Churches which are located on the south side of Plymouth between Hubbard and
Fairfield. There is a block of houses which were built right after World War II;
another one-half block and there is a playground and then Rosedale Church. There
is a real traffic problem here. The only three sales he said he found were on
Farifield and they all sold for around $23,500 to $25,000. Three blocks away he
fora; abol - nine sales for about the same money which would represent to him no
particular depaeciation. Even though this is the same area, he found that the
location of a church makes no damage to surrounding property value.
Mr. Ke-id asked if the church would be used seven days a week and evenings.
Major Lri n stated yes but not always for church activities. He honed it would
be used by the community as well as the church.
Mr. Hand questioned if the church facilities would be used for purpose of providing
supervision for children of working mothers or that sort of thing.
Major Lifnn stated they could get into this type of operation if there is a need
for it; other Corps do this service.
Mr. Hand said this would be a very active program and with the church on Five
Mile additional traffic would be created and questioned if the band would
practice inside or outside.
Major Luhn stated the band practices indoors and their present building is air
conditioned and impossible to be heard outdoors and that they hope the new
facility would also be air conditioned.
Mr. Andrew questioned if the Church owns this property.
Mr. Hamilton stated the Church has a contract to purchase the property. The
contract is subject to the waiver use and also to the dedication of the items that
were indicated at the opening of proceedings.
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41Mr. Andrew asked if the site plan submitted was based on ingress and egress off
of Oakley.
Mr. Hamilton stated this was a rather brief site plan because they would like to
work with Livonia to make the development acceptable in any manner if there are
traffic problems he believes this can be handled by traffic control signs on
even the residential streets.
Mr. Andrew questioned if Mr. Hamilton felt there would be sufficient traffic
generated to warrant initiating a petition to the City for paving Meadowbrook
by assessment.
Mr. Hamilton stated he didn't think there would be sufficient traffic generated
to warrant special assessment.
Mr. Andrew questioned Mr. Sackett regarding whether or not the Salvation Army
could be assessed if the City was to sealcoat these roads, which they could do
by assessment.
Mr. Hamilton answered by saying, yes they could, the Salvation Army is not exempt
from assessment.
Mr. Benjamin J. Friedman, Attorney„representing the Como Lake Homeowners, was
present and stated that he has petitions with 600 signatures of residents living
in the immediate area, 90% are residents of Livonia and some are from the other
side. All state they are opposed to construction of the Salvation Army Church on
this site. He presented these petitions to the Commission. He stated that no
one in this room can degrade the good work of the Salvation Army; their reputation
is well known world-wide; their people are examples of people devoting their
lives to God and good works and it is felt that Livonia can use a Salvation Army
but not at this site. He said the letter from Major Luhn states the plans are
that this is to be not only a place of worship but also it is to be for service
to the neighborhood; they want to work with teen-agers and the drug problem,
day care center, etc.
Mr. Tent stated that a waiver use would be needed for a child care center.
Judge Friedman stated that if there is to be recreational facilities, that would
also require a waiver and people within the area would have to approve. He
continued that St. Paul's has expanded their facilities to include the whole
block and he visited the area on Sunday morning and the traffic problem is
horrendous; the race track already makes a traffic problem that this neighborhood
has been forced to bear and the programs the Salvation Army will bring in would
be in addition to the other facilities located at Five Mile and Inkster, and
there is a possibility that the central office of the Salvation Army will move
into the area. He questioned if that is true.
Major Luhn replied, MD.
Judge Friedman stated these people chose this area before the influx of the City
to the suburbs and these people feel there will be a depreciation of property
values. He said Mr. McDonnell indicated the only similarity was St. Michael's
Church but he also stated that they have a tremendous traffic problem there and
there will also be a traffic problem here.
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° Some members of the audience complained that the parking lot at St. Paul's
was not well kept and littered.
Mr. Tent suggested that all these people get together and inform Mr. Kerby, Chief
Building Inspector, as to the poor condition of the St. Paul's parking lot.
Judge Friedman stated that this Board has an awesome responsibility and there are
always people unhappy with the decisions they make but asked them to remember this
question: "What would you do if this were going up across the street from your
home."
Mr. Andreas Perakes, 14695 Cavell,.•stated he was not aware that he would be called
but in view of the statements by the Appraiser for the Salvation Army, he would
like to give his opinion and stated that it has been his experience that property
values do not appreciate but present day economics work in reverse and it causes
a decrease rather than an increase when a church such as this goes in a neigh-
borhood.
Mr. Tunis questioned if this is Mr. Perakes's personal or professional opinion.
Mr. Perakes stated he has over twenty years in the business as builder and
developer.
Mr. Tunis questioned that as far as appraising or making an estimate of
depreciation or appreciation, does he qualify to make the statements that he made.
Mr. Perakes stated yes, as a builder and seller of both new and used homes.
Mr. Andrew questioned Judge Friedman regarding comments he had made to the effect
that this would require some additional approvals by the City because of some
ordinances.
Judge Friedman stated that a church goes on R-1 property and the City Attorney
in an opinion has stated that a day-care center is not a normal affiliated use
of a church and would then not be permitted.
Mr. Don Hull, Planning Director, stated it takes C-2 zoning.
Major Luhn stated they do not want to be a problem or create additional problems
so when they heard of traffic concern they had a survey of St. Paul's made and
there were 135 cars in the parking lot for the first service and only 31 want to
the south; for the latter service there were 128 cars and of those 40 cars went
south and of them 16 exited on Howell and 24 continued down to Oakley or Meadow-
b rook.
Mr. TAlbot stated he would have to agree with the appraiser regarding Rosedale
and St. Michael's situation; he has lived there for twenty years and he said
he can assure that homes have not depreciated in value. One of the newer homes
recently sold for $35,000.00, and a new home directly across from Rosedale cost
$35,000 and $40,000.
Mr. Andrew questioned regarding what was sent to the people who were presented
' with the petition for signatures when they were obtained.
Mr. W. Benson, 14720 Cavell, stated they requested to know if the people would
like to sign the petition because a Salvation Army Church was coming into the
neighborhood.
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He stated he showed them the introduction from the Major, a Copy of the letter
from the City of Livonia indicating this meeting tonight, a letter from the
attorney representing them tonight and a letter from Como take Subdivision and
he said he told them there was concern about the Salvation Army Coining in next
to them.
Mr. Andrew asked if some of the homeowners ate residents of Bedford Township.
Mr. Benson stated yes, and the citizens of Redford were ser"Ved with a different
petition.
Mr. Tunis pointed out that there were signatures on the petitions from people
on Wayne Road.
Mr. William Roskelly, 16211 Riley, member of the Redford Township Planning
Commission, was present and stated that these were all single family residences
except the golf course and the Township Planning Commission and residents, in
view of the area being planned for single family residential, believe it should
remain that way.
Mr. Tent asked if Mr. Roskelly had voted for the golf course there in Redford
Township.
Mr. Roskelly answered, yes.
IL; Mr. Horace Engler, Director of Public Services, Redford Township, was present
and stated that Mr. Strasser had made mention of this and he didn't hear any-
thing of the surface water and they, in Redford Township, can't use it. He
stated he would like to ask what the seating capacity of the Church is and what
are the requirements of the City in regard to parking in relation to seating
capacity. He said their citizens have had a tremendous amount of traffic due
to the race track traffic in the Livonia area.
Mr. Hamilton stated the water is taken care of with the easement and the seating
capacity is from 250 to 300 seats and the parking will be in direct relationship
with the seating.
Mrs. Hutchins, a resident, stated that she belongs to St. Paul's and in the
winter she can't get out of her drive; some people tonight indicated that all
the traffic travels south and others have indicated that only about one-third
travels south.
Mr. Tunis asked how many services does the Salvation Army have in their Church,
normally.
Major Luhn stated they have one morning and one evening service. He stated that
the Salvation Army Corps is like a family and the relationship that develops
between its members is not easily broken and one thing they have attempted to
accomplish in the moving of this Corps is to keep the relationship of the family.
Their members could go to all areas where they have Churches but they have tried
to find a location where they could keep the morality of their families.
Geographically, they would serve an area comprised of all greater Detroit be-
cause they come from all around when they put on a community type service they
hope to reach a two-mile radius.
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Mr. Walker stated he is sadly disappointed as a represntative of this City to
find the situation that Toes exist as a result of the parking lot of St. Paul's
and another thing is the property value depreciation. Here we are talking about
an area that is already heavily saturated with a church and parking lot. He
said he received a letter from a resident in the neighborhbod against the
petition and stated he believed if he lived in ane of the houses across from
the parking lot it would not be desirable and that as Planners the Commission's
duty is to do what is in the best interest of the people who are residents of
the area. Now it is proposed to further use more land in the area where we
are encroaching into residential with a bad traffic situation and it is not a
good location for higher saturation of traffic. He stated that he is concerned
that the Commission take a good look at this and make its judgement on what is
going to be the best use for this land for all the people who live here now
and in the future and he would hope that tonight this Board can make its
decision.
Mr. Robert Osborne, Director of Public Works, stated that he would ask the
people here not to call Mri Kerb► regarding the tiarkirtg lot situation at St.
Paul's, this situation Will be taken tare of.
There was no one else present wishing to be heard regarding this item.
Mr. Tent, Chairman, stated the item will be taken under advisement.
Mr. Tunis announced the next item on the agenda is Petition 70-6-2-11 by
Russell E. Hidden requesting to be granted a waiver use permit
to operate a travel agency on property located on the west side
of Farmington Road between Roycroft and Rayburn Avenue in the
Southeast 1/4 of Section 16.
Mr. Russell E. Hidden, petitioner, was present and stated he has operated
Russell's Travel Agency for about ten years and they also hope to open on
Farmington Road. He said that in 1963 he was granted a waiver use and he
assumed that it was still good.
Mr. Tent stated that the building is practically completed and questioned if
this qualifies as far as parking goes.
Mr. Hull stated yes, but we would like to see a little better landscaping.
Mr. Tent stated the Commission would like our landscapers from the City to work
with Mr. Hidden on a plan.
Mr. Hidden said he is open to constructive criticism.
Mr. Tent requested to know if he will have any large signs.
Mr. Hidden stated he doesn't have the kind of money for very large signs.
There was no one else present wishing to be heard regarding this item.
Mr. Tent stated the item will be taken under advisement.
Mr. Tunis announced the next item on the agenda is preliminary plat
approval for Parkridge Subdivision to be located south
of Five Mile Road and east of Eckles in the Northwest
1/4 of Section 19.
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Mr. Tent stated the file contains letters from Mr. Kerby stating lots are in
accordance with the requirements of the Ordinance and the Fire Marshall
approving the plans.
Mr. J. J. Stone, 300 Lowell, Bloomfield, Michigan, was present.
Mr. Colomina requested to know if there is some way to clarify what the outlot
was to be used for because subdivisions in the City have been platted leaving -
an otulot that could be used for gas stationls, etc.
Mr. Hull stated outlot B will be probably dedicated to the City for park and
open space.
Mr. H. G. Shane of the Planning Department staff explained how the subdivision
was planned and pointed out where the land is that the City of Livonia plans
to purchase for park purposes.
Mr. Tent stated this subdivision has been worked on for a long time and the
Commission attempted to get as much park area as possible for the City.
Mr. Douglas Winn, 39292 Ross, stated he is concerned that the developer is making
Ross one of the longest streets in the subdivision and it will create a traffic
problem by going right out to Eckles Road.
A resident, 38988 Parker, asked what kind of houses are going to be built.
Mr. Stone stated one-family residential homes estimated at about $35,000, but
he has no plans yet for the type of homes. Considering the cost of land now a
low cost home wouldn't go and he is familiar with those homes in the area but
not familiar enough to comment on them.
Mr. Tent asked if his homes are going to be comparable to those in the area now
and will not downgrade the area.
Mr. Stone stated these homes will be built equivalent to those in the area now.
In reply to a question regarding a school problem, Mr. Tent stated that these
plans had been submitted to the Board of Education and they have not indicated
that they cannot accommodate any additional homes in the area.
Mr. Stone said thelot size is 60' x 120' minimum but most will average 65' at
least and this will be an average of 125% over the minumum required and the
requirements for the area of the home is 1,000 square feet.
Mr. Tent stated these things will be the responsibility of the developer of the
land and the Commission and the City of Livonia are strict with builders and
will keep an eye on the development. He stated the Commission is confident that
the City is getting the best it can for the area with what is there.
Mr. Ron Owen, 39200 Parkhurst stated he would like a complete presentation from
Mr. Stone as had been done by previous petitioners.
Mr. Stone stated he has no formal presentation but will answer any questions.
Mr. Tent stated that what we have here is a plan as to how he wants to develop
this area and as to what type of homes, Mr. Stone has answered that, and what is
being shown now is the location of the homes he plans to build and how it
9
relates to the existing homes and to the park. 8903
Mr. Owen stated they wanted a complete story so that if there are problems
connected with this he wants to know of them tonight.
Mr. Tent familiarized Mr. Owen with the procedure of the Planning Commission in
getting changes of zoning and approvals needed to build homes.
Mr. Stone stated they have gone over this at least eight or ten times to try to
work out an overall plan for the area; we had the problem of Eckles Road and
the freeway; Tiffany Park was approved it 1959 and when we got down to getting
Eckles Road vacated which was previously dedicated the various governmental
agencies other than the City of Livonia caused us to take the thing back for
further study. We have submitted fifteen different plans at various times to
the Planners and what we have come out with is an excellent plan, and I have
agreed to sell six acres to the City at a cost which represents a loss to me
actually, but I was agreeable to do it.
A resident, 39130 Parkhurst, stated when Pierre is opened there will be a
problem with screeching cars.
Mr. Tent stated the City has a Traffic Commission and the Commission has not
received any statements indicating a problem and if there are problems they
IL control the area with signs, etc. ; these problems have been solved in the past
through the efforts of the Traffic Commission, citizens in the area and the
Police Department.
There was no one else present wishing to be heard regarding this item.
Mr. Tent, Chairman, announced the item will be taken under advisement.
Mr. Tunis announced the next item on the agenda is preliminary plat
approval for Tiffany Park Subdivision #6 to be located
on the east side of Eckles Road, south of Five Mile Road
and north of Schoolcraft Road, in the west 1/2 of Section 19.
Mr. Tent stated there were letters in the file from Mr. Kerby, Building Inspector
stating lots meet all requirements of the Ordinance, the Fire Marshall Indicating
their approval of the plat and from the Police Department suggesting that Adams
Court be continued south to intersect with Parkhurst.
Mr. Stone stated he doesn't think there could be any further improvement regard-
ing the development of this Subdivision. He said he has agreed with the Plan-
ning Commission to vacate the original subdivision and he thinks he could have
the right to improve it but in cooperation he has made this commitment.
There were more questions and complaints regarding traffic.
Mr. Hull stated that Eckles will be cul-de-sac'd and dead-ended and the only
people using access on to Eckles will be the people in the subdivision and the
way this is now designed the traffic will be dispersed and the traffic in the
i entire area will be reduced, maybe not in exact proportion on every street, but
the residents in the other subdivision will not have transient traffic projected
into their neighborhood.
8904
Mr. Tent, in reply to a request for a stop sign at Ross, suggested that these
people as a group contact the Traffic Commission requesting them to maintain
traffic control because the Planning Commission lays out the subdivision and
they, in turn, lay out the traffic controls. As far as the subdivision itself
goes, the Commission has studied this for two years and feel they they have
come up.with the best possible plan.
Mr. Owen questioned if all these streets will be lighted.
Mr. Hull stated that Ordinance ##500 controls all development and Ordinance #500
requires that street lights be put in all new construction; the Council can
waiver that but they very seldom do so they probably will be lighted. He
stated also that Ordinance #500 requires all underground wiring.
There was no one else present wishing to be heard regarding this item.
Mr. Tent, Chairman, stated the item will be taken under advisement.
Mr. Tunis announced the next item on the agenda is Petition 70-5-7-11 by
the City Planning Commission on its own motion to amend Part VI
of the Master Plan, the Master Fire Station Plan, by deleting
property located on the east side of Newburgh Road, north of
Seven Mile Road in the Southwest 1/4 of Section 5.
l
Mr. Tent stated this petition is for the purpose of deleting a fire station
site that is no longer needed.
There was no one present wishing to be heard regarding this item and Mr. Tent
stated it would be taken under advisement.
Mr. Tunis announced the next item on the agenda is Petition 70-5-7-12 by
the City Planning Commission on its own motion to amend Part VI
of the Master Plan, the Master Fire Station Plan, by incorporating
property located on the east side of Newburgh Road, north of Seven
Mile Road in the Southwest 1/4 of Section 5.
•
There was no one present wishing to be heard regarding this item and Mr. Tent
stated it would be taken under advisement.
Mr. Tunis announced the next item on the agenda is Petition 70-5-1-20 by
the City Planning Commission pursuant to request from the
Department of Law, requesting to rezone property located
on the south side of Five Mile Road between Brookfield and
Shadyside in Section 22, from C-2 to PL.
Mr. Tent stated there was a letter in the file from the Engineering Division
indicating there are no problems connected with the petition and a letter dated
July 2, 1970 from Norman 0. Stockmeyer, Trustee for Stockholders of Livonia
Center Corporation, requesting a delay in the change of zoning on this property.
IL: There was no one else present wishing to be heard on this item.
Mr. Tent announced it would be taken under advisement.
8905
Mr. Tunis announced the next item on the agenda is Petition 70-6-1-24 by
the City Planning Commission on its own motion requesting to
rezone property located on the southeast corner of Seven Mile
Road and Newburgh Road in the Northwest 1/4 of Section 8,
from C-2 And AG to P.
Mr. Tent stated there was a letter in the file from the City Engineer stating
there were no problems connected with this rezoning and a letter from Mrs.
Morse objecting to the rezoning and requesting the Commission to reject it.
Mrs. Morse was present and stated she objected to the rezoning of this property.
Mr. Tent stated that as far as the rezoning of the property is concerned, it
will not interfere with the use of the property and the property is being used
for parking now but is zoned C-2.
Mrs. Morse stated she doesn't have to use this property for parking and there
are very few cars that park there.
Mr. Tent stated the Commission is concerned that there always be adequate
parking and if this C-2 property is sold without adequate provision: for park-
ing there would be big trouble.
Mrs. Morse stated she objects to the rezoning of this corner and that the
Commission has authority as to what goes in there no matter what it is zoned.
Mr. Tent stated no, all uses on the C-2 would not have to come to the Planning
ILO Commission and the Commission wants to protect the area.
Mrs. Morse stated she will protect the area.
Mr. Tent said the Commission feels there should be adequate parking for the
golf course.
Mrs. Morse said she has eighty acres to park on and de doesn't need that
square for parking.
Mr. Moser stated that the area indicated as C-2 is quite substantial and if
rezoned would accommodate 200 to 250 cars and the AG would accommodate 200 to
250 cars.
There was no else present wishing to be heard regarding this item.
Mr. Tent stated the item will be taken under advianent.
On a motion duly made by Mr. Walker, seconded by Mr. Tunis, and unanimously
adopted, it was
#7-71-70 RESOLVED that, the City Planning Commission of the City of
.,) Livonia does hereby adjourn the Public Hearing held on
ILO July 7, 1970 at 11:10 p.m.
8906
Mr. Tent, Chairman, called the 219th Regular Meeting to order at approximately
11:30 p.m. with approximately the same number of interested persons in the
audience as were present for the public hearing.
Mr. Tunis announced the first item on the agenda is Petition 70-5-1-19 by
Foodmaker, Inc. (subsidiary of Ralston Purina Company) requesting
to rezone property located oto the northwest corner of Five Mile
Road and Levan Road in the Southwest 1/4 of Section 17, from
C-1 to C-2 for restaurant purposes.
On a motion duly made by Mr. Hand, seconded by Mr. Colomina, and unanimously
adopted, it was
#7-72-70 RESOLVED that, pursuant to a Public Hearing having been held
on July 7, 1970 on Petition 70-5-1-19 as submitted by Food-
maker, Inc. (subsidiary of Ralston Purina Company) requesting
to rezone property located on the northwest corner of Five Mile
Road and Levan Road in the Southwest 1/4 of Section 17, from
C-i to C-2 for restaurant purposes, the City Planning Commission
does hereby recommend to the City Council that Petition 70-5-1-19
be denied for the following reasons:
(1) The City of Livonia previously rezoned all this land
from the C-2 to the C-1 category specifically to limit
the intensity of use. The Planning Commission does not
feel that it is logical to intensify the zoning in this
area at this time.
(2) The C-2 allows waiver uses such as gas stations, restaurants
and car washes which the Planning Commission feels would
be inappropriate in this location because of the character
of the adjacent residential neighborhoods. They also feel
a use of this type backing up to the existing shopping center
would have a dilatory effect upon it and detract from its
appearance and make it less functional, therefore effecting
its long-term stability.
(3) C-2 uses in proximity to Five Mile Road and Levan Road
could adversely effect the flow of traffic and cause
further congestion at the intersection.
FURTHER RESOLVED _ghat, notice of the above public hearing was
published in the official newspaper, the Livonia Observer,
under date of June 17, 1970 and notice of such hearing was
sent to the Detroit Edison Company, Chesapeake & Ohio Rail-
way 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.
8907
)to Mr. Tunis announced the next item on the agenda is Petition 70-6-1-23 by
Rodney C. Kropf, Attorney for Sam and Joy Noy, requesting to
re,'one property located on the, west side of Middlebelt Road,
south of Six Mile Road in the Northeast 1/4 of Section 14,
from C-1 and P.S. to C-2.
Mr. Tent stated this item will be taken under advisement until clarification
of the site plan, parking and exact C-2 zoning category established.
Mr. John J. Nagy, Industrial Development Coordinator, stated that the Commission
will still have the opportunity to approve the site plan, including parking,
under the waiver use on restaurants and stated the purpose for petitioning
tonight for additional zoning is to expand his restaurant and question the
purpose of taking this item under advisement.
Mr. Tent stated the reason is to establish the amount of C-2 zoning he needs.
There was no one else present wishing to be heard regarding this item and Mr.
Tent stated the item will be taken under advisement.
Mr. Tunis announced the next item on the agenda is Petition 70-5-2-10 by
Richard A. Hamilton, Attorney for the Salvation Army, request-
ing to be granted a waiver use permit to construct and operate
a church and related uses on property located on the west side
J of Inkster Road, between Meadowbrook and Oakley in the Northeast
1/4 of Section 24.
IL, Mr. Tunis indicated interest at the number of people who had turned out as a
result of this item and stated that until about a week ago he knew very little
about the Salvation Army and he has no doubts but that a church is requesting
property to perform a church function and its services and items related to a
church. He stated he would strongly urge that this item be taken under
advisement.
A motion was made by Mr. Tunis and seconded by Mr. Talbot that Petition
70-5-2-10 be taken under advisement.
Mr. Colomina stated that when this item is brought back to a study session with
representatives from the Salvation Army he would like to have Judge Friedman
and a representative from the civic association present also.
Mr. Walker requested to know what is the purpose of bringing this item back to
a study.
Mr. Colomina replied that with a study session the Commission would be able to
better understand just what is being proposed and to better understand the
situation regarding the parking lot, the traffic problem and the water running
into Redford Township.
. Mr. Tent stated that churches are nothing new to this community and trouble is
always encountered when bringing in churches to residential. He stated the
Commission is not saying they don't want this church in Livonia but that there
may be a better location and this church should be encouraged and helped in
finding a site, but if the Commission believes this use is acceptable 112n they
should deny it but they should encourage them to find a better location in
Livonia.
8908
A roll call vote on the foregoing motion resulted in the following:
AYES: Walker, Andrew, Talbot, Tunis
NAYS: Hand, Moser, Cdlomina, Tent
ABSENT:. None
Mr. Tent, Chairman, stated the motion failed for lack of support.
Mr. Colomina stated that he believed this particular parcel is not suited for
the church use and the Commission is representing the people of the City and
they have turned out at this meeting and have signed petitions. He stated
that he would help Major Luhn find a site but he doesn't believe this is it.
On a motion duly made by Mr. Colomina, and seconded by Mr. Hand, it was
RESOLVED that, pursuant to a Public Hearing having been held
on July 7, 1970 on Petition 70-5-2-10 as submitted by Richard
A. Hamilton, Attorney for the Salvation Army, requesting to
be granted a waiver use permit to construct and operate a
church and related uses on property located on the west side
of Inkster Road, between Meadowbrook and Oakley in the North-
east 1/4 of Section 24, the City Planning Commission does
hereby recommend to the City Council that Petition 70-5-2-10
be denied.
1LWA roll call vote on the foregoing resolution resulted in the following:
AYES: Walker, Hand, Colomina, Tent
NAYS: Moser, Talbot, Andrew, Tunis
ABSENT: None
Mr. Tent, Chairman, stated the motion fails for lack of support and that this
item will be taken under advisement for further study.
Mr. Tent stated that the representatives from the Church, civic association
and Judge Friedman will be contacted as to the date and time of the study
meeting on which agenda this item is scheduled.
Mr. Tunis announced the next item on the agenda is Petition 70-6-2-11 by
Russell E. Hidden requesting to be granted a waiver use permit
to operate a travel agency on property located on the west
side of Farmington Road between Roycroft and Rayburn Avenue
in the Southeast 1/4 of Section 16.
On a motion duly made by Mr. Hand, seconded by Mr. Andrew, and unanimously a
adopted, it was
#7-73-70 RESOLVED that, pursuant to a Public Hearing having been held on
July 7, 1970 on Petition 70-6-2-i1 as submitted by Russell E.
IL; Hidden requesting to be granted a waiver use permit to operate
a travel agency on property located on the west side of Farming-
ton Road between Roycroft and Rayburn Avenue in the Southeast 1/4
of Section 16, the City Planning Commission does hereby recommend
to the City Council that Petition 70-6-2-11 be approved with
the following conditions:
8909
(1) That a detailed landscape plan be submitted for
Commission approval within six months.
(2) That the landscaping as indicated on the approved
plan be completed within one-arid-one-half years
after the building permit is applied for.
for the following reasons:
(1) This is a logical use fh this sector of the City and
will not adversely effect the adjacent development.
(2) The use is a relatively low ttaffic generator and
will not conflict with the movement of transient
traffic along Farmington Road.
FURTHER RESOLVED that, notice of the above public hearing was
sent to property owners within 500 feet; petitioner and City
Departments as listed in the Proof of Service.
Mr. Tent, Chairman, stated the motion carried and the foregoing resolution
adopted.
Mr. Tunis announced the next item on the agenda is preliminary plat approval
for Parkridge Subdivision to be located south of Five Mile
Road and east of Eckles in the Northwest 1/4 of Section 19.
On a motion duly made by Mr. Walker, seconded by Mr. Moser, and unanimously
adopted, it was
#7-74-70 RESOLVED that, pursuant to a Public Hearing having been held on
July 7, 1970, the City Planning Commission does hereby recommend
to the City Council that the preliminary plat for Parkridge
Subdivision to be located south of Five Mile Road and east of
Eckles in the Northwest 1/4 of Section 19, be approved for the
following reasons:
(1) It is a logical design solution to the problem of sub-
dividing land in this sector of the City.
(2) All the requirements of the Ordinance have been met.
FURTHER RESOLVED, notice of the above hearing was sent to
the abutting property owners, proprietor and City Departments
as listed in the Proof of Service and copies of the plat together
with notice have been sent to the Building Department, Superin-
tendent of Schools, Fire Department, Police Department and
Parks and Recreation Department.
Mr. Tent, Chairman, declared the motion carried and the foregoing resolution
adopted.
8910
{ Mr. Tunis announced the next item on the agenda is preliminary plat
approval for Tiffany Park Subdivision #6 to be located on
the east side of Eckles Road, south of Five Mile Road and
north of Schoolcraft Road, in the west 1/2 of Section 19.
On a motion duly made by Mr. Afidtew, seconded by Mr. Colomina, and unanimously
adopted, it was
having
#7-75-70 RESOLVED that, pursuant to a public heating/been held on
July 7, 1970, the City Planning Commission does hereby
recommend to the City Council that the preliminary plat
for Tiffany Park Subdivision #6 to be located on the east
side of Eckles Road, south of Five Mile Road and north of
Schoolcraft Road in the West 1/2 of Section 19, be approved
for the following reasons:
(1) It is a logical design solution to the problem of
subdividing land in this sector of the City.
(2) All the requirements of the Ordinance have been met.
FURTHER RESOLVED, notice of the above heartg was sent to the
abutting property owners, proprietors and City Departments
ii as listed in the Proof of Service and copies of the plat
together with notice have been sent to the Building Inspector,
Superintendent of Schools, Fire Department, Police Department
and Parks and Recreation Department.
Mr. Tent, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Tunis announced the next item on the agenda is Petition 70-5-7-11 by
the City Planning Commission on its own motion to determine
whether or not to amend Part VI of the Master Plan, the Master
Fire Station Plan, by deleting property located on the east
side of Newburgh Road, north of Seven Mile Road in the South-
west 1/4 of Section 5.
On a motion duly made by Mr. Moser, seconded by Mr. Talbot, and unanimously
adopted, it was:
#7-76-70 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 July 7, 1970 for the purpose of amending Part VI
of the Master Plan of the City of Livonia, entitled "The
Master Fire Station Plan: the same is hereby amended so as
to delete a site located on the east side of Newburgh Road,
north of Seven Mile Road, in the West 1/2 of Section 5, described
as follows:
"Section 5 05C1b2b2 (partial)
That part of the S.W. 1/4 of Section 5, T. 1 S. R. 9 E.,
City of Livonia, Wayne County, Michigan, described at
a point on the West line of said section distant North 925.40
8911
feet from the southwest corner of said Section 5; thence N. '
89° 06' E. 300.00 ft. ; thence south 200.00 ft. , thence S. 89°
06' W. 300.00 ft. to the wedt line of said Section 5; thence
North 200.00 ft. along said west line 200 ft. to the point
of beginning.
for the following reason:
(1) The City at this time has no intention of purchasing
this site for fire station purposes and it is proper
to delete it from the Master Fire Station Plan.
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 amend-
ment 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 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.
Mr. Tent, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Tunis announced the next item on the agenda is Petition 70-5-7-12 by
the City Planning Commission on its own motion to amend Part
VI of the Master Plan of the City of Livonia, the Master Fire
Station Plan, by incorporating property located on the east
side of Newburgh Road, north of Seven Mile Road, in the South-
west 1/4 of Section 5.
On a motion duly made by Mr. Talbot, seconded by Mr. Andrew, and unanimously
adopted, it was
#7-77-70 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 July 7, 1970 for the purpose of amending Part VI
of the Master Plan of the City of Livonia, entitled "The
Master Fire Station Plan", the same is hereby amended so as
to incorporate a site located on the east side of Newburgh
Road, north of Seven Mile Road, in the Southwest 1/4 of
Section 5, described as follows:
"The north 200 feet of the south 277.82 feet of that part
of the S. W. 1/4 of Section 5, T. 1 S. , R. 9 E. , described
" as beginning at the W. 1/4 corner of Section 5 and pro-
4 ceeding thence S. 89° 41' 26" E. along the E. and W. 1/4
Section line, 511.46 feet; thence S. 0° 15' 03" W, 1203.18
feet; thence S. 89° 59' 46" W. 506.10 feet; thence N. 0°
00' 14" W. along the W. Section line, 1205.96 feet to the
point of beginning. (Bureau of Taxation Parcel 05C1b2b2bl) ."
b.
I
8912
for the following reason:
(1) This is the site the City intends to purchase for
this purpose and it is logical to place it on the
Master Fire Station Plan.
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 amend-
ment 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 Com-
mission, 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.
Mr. Tent, Chairman, declared the motion is carried and the foregoing resolution
adopted.
Mr. Tunis announced the next item on the agenda is Petition 70-5-1-20 by
the City Planning Commission, pursuant to request from the
Department of Law, requesting to rezone property located on
the south side of Five Mile Road between Brookfield and
Shadyside in Section 22, from C-2 to P.L.
en a motion duly made by Mr. Hand, seconded by Mr. Moser, and unanimously
adopted, it was
#7-78-70 RESOLVED that, pursuant to a public hearing having been held
on July 7, 1970 on Petition 70-5-1-20 as submitted by the
City Planning Commission, pursuant to request from the
Department of Law, requesting to rezone property located on
the south side of Five Mile Road between Brookfield and Shady-
side in Section 22, from C-2 to P.L. , the City Planning Com-
mission does hereby recommend to the City Council that Petition
70-5-1-20 be approved for the following reason:
(1) It is logical to make the zoning more closely conform
to the land use.
FURTHER RESOLVED that, notice of the above public hearing
was published in the official newspaper, the Livonia Observer,
under date of June 17, 1970 and notice of such hearing was
sent to the Detroit Edison Company, Chesapeake & Ohio Rail-
way 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
IL
adopted.
Mr. Tunis announced the next item on the agenda is Petition 70-6-1-24 by
the City Planning Commission on its own motion requesting to
rezone property located on the southeast corner of Seven Mile
Road and Newburgh Roads in the Northwest 1/4 of Section 8, from
C-2 and AG to P.
f
8913
On a motion duly made by Mr. Walker and seconded by Mr. Colomina, it was
#7-79-70 RESOLVED that, pursuant to a public hearing having been held
on July 7, 1970 on Petition 70-6-1-24 as submitted by the City
Planning Commission on its own motion requesting to rezone
property located on the southeast corner of Seven Mile Road
and Newburgh Roads in the Northwest 1/4 of Section 8, from
C-2 and AG to P, the City Planning Commission does hereby
recommend to the City Council that Petition 70-6-1-24 be
approved as amended to exclude rezoning of the presently
zoned C-2 property, described as follows:
"The North 360 feet of the West 360 feet of the N. W. 1/4
of Section 8, T. 1 S. , R. 9 E. , City of Livonia, Wayne
County, Michigan"
and to include rezoning of the presently zoned AG property
only to the P category, described as follows:
"The South 300 feet of the North 660 feet of the West 360
feet of the N. W. 1/4 of Section 8, T. 1 S. , R. 9 E. ,
City of Livonia, Wayne County, Michigan"
for the following reason:
(1) There is an existing parking problem in the area and
li; this is a logical step to assure that there will always
be provision for parking adjacent to the Northville
Golf Club.
FURTHER RESOLVED that, notice of the above public hearing
was published in the official newspaper, the Livonia Observer,
under date of June 17, 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.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Moser, Colomina, Talbot, Andrew, Tunis, Walker, Tent
NAYS: Hand
ABSENT: None
Mr. Tent, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Tunis announced the next item on the agenda is Petition 70-3-8-4 by
Lindhout Associates for Livonia Custom Picture Framing requesting
site plan approval for •proposed expansion of existing building
located on the Northeast corner of Stamford and Five Mile Road
in the Southeast 1/4 of Section 16.
t
8913a
Mr. Tent stated that this item was discussed at a study session and there are
several significant things to be taken into consideration. If the petition is
in conflict with any of the Ordinance requirements, then the Commission has to
take negative action; the only board that can grant wtvers is another zoning
board, and in this case there are several variances. Mr. Tent stated the
Commission for
tting
has been withcthelzed in the ordinances andtthis isadefinitelyideficientto Council
nparking.
arereinin conflict
Mr. Andrew questioned if the Commission could condition its approval on the
petitioner's filing for a variance from the ordinance.
Mr. Lindhout stated that the Zoning Board of Appeals will not act until the
Planning Commission does.
There was discussion regarding the soundness of the Zoning Ordinance regarding
the parking requirements of certain commercial businesses.
Mr. Lindhout pointed out that this is a personal type business and has
sufficient parking.
Mr. Tent stated that in performing this function if the setback is not sufficient
we are again in conflict with the Ordinance and when it is transmitted to
Council the Commission will be saying that the petitioner has complied with the
requirements of the Ordinance. The parking could be inconsistent as Mr.
Lindhout says between a commercial business and this business but the setback
11:111 is still in violation and if it goes to Council it can't even be approved
until it goes to the Zoning Board of Appeals.
Mr. Andrew asked what he is deficient in setback.
Mr. Lindhout stated he has forty feet and the present Ordinance requires sixty
feet.
Mr. Tent stated the Commission's Mile Road Study on lots of this type is before
the Council and the Commission is awaiting some guidelines because there are
other buildings to be constructed on lots that fall ito the same category. He
stated that the Commission is trying to live up to tie Ordinance and if the
Ordinance requires a change it will have to be done.
Mr. Lindhout stated that if they had an alternative that was feasible his client
would
cgong
alt but betteripositiondoesn't
than otherpossible;
propertieshave
and thisclient
which puts
purchased his property with the intent of expanding.
Mr. Andrew stated that he assumed Mr. Nelson owns the vancant piece of property.
Mr. Nelson stated, yes.
{LW Mr. Andre': stated it appears that it will remain vacant until something is done
and he is convinced in his mind that it is the
epeoave ofathis
gBoard
ard too mpass
a resolution making it a conditional approvalsubject to
vthe Zoning Board of Appeals. He requested that
Department
entiof Law conditioned
.advise
the Commission whehter or not a site plan approval
Mr. Walker asked how many deficiencies there were.
8913b
1.; Mr. Hull stated there would be three.
Mr. Menzies advised that on the retail sales area, eleven parking spaces would
be needed and the site plan shows eight, and on the C-2 a 60' setback is
required.
Mr. Tent stated the petition could be approved or denied but the Commission is
making sure everyone complies with the Ordiatite and the Council can negotiate
on variances, but if we approve it the Commission would be in trouble with the
Council. He questioned how long problems could be compounded; if it doesn't
meet the requirements today, it nevet will eta everyne in that area could come
back to the Commission and they could close their eyes or let them go to the
Zoning Board of Appeals for a variance. Ike stated it wind be different if it
were another area of the City.
Mr. Lindhout stated it is unfortunate that he was caught with a short-sightedness
as to the commercial on a h00' depth, and if they could get approval they could
get more accomplished from this Board.
On a motion duly made by Mr. Andrew and seconded by Mr, Moser, it was
RESOLVED that, the City Planning Commission, pursuant to
Section 18.47 (Ordinance #784) of the Zoning Ordinance of
the City of Livonia, Ordinance #543, as amended, does hereby
recommend to the City Council that Petition 70-3-8-4 re-
l., questing approval of all plans required by Ordinance #784
in connection with the proposed expansion of the Livonia
Custom Picture Framing Company located on the northeast
corner of Stamford and Five Mile Road in the Southeast 1/4
of Section 16, be approved; however, that this approval be
granted upon the specific understanding that the petitioner
will immediately file a petition through the Bureau of
Inspection to the Zoning Board of Appeals to consider a
deficient front yard setback and a deficient side yard
and also the deficiency of three parking spaces; and, in
the event that the Zoning Board of Appealsfails to grant
these three variances, the action of the Planning Commission,
as it relates to the approval, is null and void; and
FURTHER, that the petitioner present to the City Planning
Department within two weeks a plan which would provide
for landscaping in the front yard;
for the following reason:
(1) This is a practical solution for the development of the
site and it serves the City's best interest to have it
developed in this manner rather than remain vacant.
le ion
Mr. Walker stated what the Zohe ning sion Boardsofoing is Appealsmandng inatheteventothatghet
upon his approval fromg
a does not acquire it, this action is not valid.
8913c
Mr. Andrew stated he would think it advisable to go to the Zoning Board of
IL; Appeals before the Council and he would like to have the thinking of that Board
if he were on the Council
Mr. Tent questioned if this is a hardship case.
Mr. Andrew stated that is for the Zoning Board of Appeals to say. He said
he believes ordinances are guidelines and are flexible and the purpose of the
Zoning Board of Appeals is to give flexibility to the ordinances and this
business has done a good job and has kept it clean, and what really concerns
him is that if this was a hardware store they would not be in conflict with
the Ordinance.
Mr. Tent stated the reason for introducing the Civic Center Ordinance was to
control what goes in the area; that the Commission had been critized for allow-
ing buildings on Five Mile Road and the Commission stated it had no control and
when the Council asked what the Commission intended to 10 about it the Council
was told that a new ordinance giving control wodl4 be introduced.
Mr. Hand questioned if the resolution proposed by Mr. Andrew is legal for a vote
by the Commission.
Mr. Hull stated he is of the opinion that the Commission can Act on any
resolution, approving even in violation of the Ordinance but where this has
been done the Commission has been severly critized by the Council on these
occasions when the Commission enacts dctinns that are contrary to ordinances
they are here to administer.
A roll call vote on the foregoing motion resulted in the following:
AYES: Walker, Talbot, Moser, Andrew
NAYS: Hand, Colomina, Tent, Tunis
ABSENT: None
Mr. Tent, Chairman, declared the motion lost for lack of support, and the item
will be taken under advisement.
The Commission asked for a ruling from the Law Department on the question of
conditioning a site plan approval.
Mr. Nelson stated he would just as soon the Commission deny this tonight so he
can go to the Council.
Mr. Tent stated the reason for taking it under advisement is to give the
Commission an opportunity to make the necessary changes in the Ordinance if that
is what is needed.
Mr. Andrew stated if it is the desire of the petitioner to have this petition
denied he will introduce the motion.
ILW On a motion duly made by Mr. Andrew and seconded by Mr. Hand, it was
8914
9
#7-80-70 RESOLVED that, the City Planning Commission, pursuant to
Section 18.47 (Ordinance #784) of the Zoning Ordinance of
the City of Livonia, Ordinance #543, as amended, does hereby
recommend to the City Council that Petition 70-3-8-4 request-
ing approval of ail plans required by Ordinance #784 in con-
nection with the proposed expansion of the Livonia Custom
Picture Framing Company located oft the northeast corner of
Stamford and Five Mile Road itt the Southeast 1/4 of Section
16, be denied for the following reasons:
(1) The development proposal would conflict with the most
liberal interpretation of the parking requirements of
the Zoning Ordinance. The Commission does not feel
they can justify approving a petition that conflicts with
the Zoning Ordinance. There is also a conflict with the
setback requirements.
(2) The purpose and intent of the ordinance is to upgrade
development in this sector of the Cityand to ease the
existing parking problem. The Commission does not feel
this is accomplished with this development proposal be-
cause of the shortage of parking and the fact that there
is no opportunity to beautify the site because it is
excessively small.
te A roll call vote on the foregoing resolution resulted in the following:
AYES: Walker, Colomina, Talbot, Hand, Tent, Tunis
NAYS: Moser, Andrew
ABSENT: None
Mr. Tent, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Tunis announced the next item on the agenda is Petition 70-5-1-18 by
Alan R. Kramer requesting to rezone property located on the
east side of Middlebelt between Terrence and Sunnydale in the
Southwest 1/4 of Section 13, from RUF to C-2.
On a motion duly made by Mr. Andrew and seconded by Mr. Roser, it was
#7-81-70 RESOLVED that, pursuant to a public hearing having been held on
June 9, 1970 on Petition 70-5-1-18 as submitted by Alan R.
Kramer requesting to rezone property located on the east side
of Middlebelt between Terrence and Sunnydale in the Southwest
1/4 of Section 13, from RUF to C-2, the City Planning Commission
does hereby recommend to the City Council that Petition 70-5-1-18
be approved for the following reasons:
(1) The development proposal for this zoning is of high calibre
and there is merit in transforming this land to a category
1L; that maximizes its potential.
(2) It is inevitable that commercial zoning will take place
in this area of the City, therefore, it would not be
logical to reject this zoning at this time.
8915
FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Livonia Observer,
under date of May 20, 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 Depattments as listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: WAlker, Talbot, Moser, Andrew, Tunis
NAYS: Hand, Colomina, Tent
ABSENT: None
Hr. Tent, Chairman, declared the motion carried And the foregoing resolution
adopted.
Mr. Tent declared that the next item on the agenda, Petition 70-2-1-5 by
Theodore Dunner, would be stricken from the agenda.
Mr. Tunis announced the next item on the agenda is Petition 70-3-3-4 by
Owners and Interested Parties of Coventry Gardens Subdivision
requesting the vacating of a twenty-foot wide public alley
located west of Farmington Road between Fire Mile Road and Roy-
croft in the Southeast 1/4 of Section 16.
te On a motion duly made by Mr. Talbot, seconded by Mr. Andrew, and unanimously
adopted, it was
#7-82-70 RESOLVED that, pursuant to a public hearing having been held on
June 9, 1970 on Petition 70-3-3-4 as submitted by Owners and
Interested Parties of Coventry Gardens Subdivision requesting
the vacating of a twenty-foot wide alley located west of
Farmington Road between Five Mile Road and Roycroft in the
Southeast 1/4 of Section 16, the City Planning Commission does
hereby recommend to the City Council that the alley not be
vacated at this time; however, the Planning Commission does
recommend that the problem of transient traffic through the
area be resolved by barracading the alley across the south
line of Lot #94 and Lot 325 of Coventry Gardens Subdivision
for the following reason:
(1) This is the best practical solution for solving the
problems of the area and still not cause a hardship
to any of the property owners who are dependent upon
the alley for access.
FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Livonia Observer,
under date of May 20, 1970 and notice of such hearing was sent
IL to the Detroit Edison Company, Chesapeake & Ohio Railway
Company, Michigan Bell Telephone Company, Consmers Power
Company and City Departments as listed in the Proof of Service.
Mr. Tent, Chairman, declared the motion carried and the foregoing resolution
adopted.
J w
L8916
On a motion duly made by Mr. Moser, seconded by Mr. Colomina, and unanimausly
adopted, the City Planning Commission adjourned their 219th Regular Meeting
at approximately 12:30 a.m.
CITY PLANNING COMMISSION
H. Dow Tunis, Secretary
ATTESTED:
AL / 44/4-0'VJ/Z(/1 / r
Raymo, . W. Tent, Chairm-
(0r