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HomeMy WebLinkAboutPLANNING MINUTES 1970-07-21 8919 1 MINUTES OF THE 252nd SPECIAL MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, July 21, 1970, the City Planning Commission of the City of Livonia held its 252nd Special 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 8:15 p.m. with approximately 25 interested persons in the audience. Members present: Raymond W. Tent Robert Colomina Francis Hand H. Dow Tunis Joseph R. Talbot Marvin Moser Charles W. Walker Daniel R. Andrew Members absent: None er ; John J. sRobertv Rto Menzies,ordinator;III; H.and Gary•Sackett,PAsssiistantlCity Attorneys Industrial Development were also present. Mr. Tunis announced the first item on the agenda is Petition 70-6-1-25 by Rodney C. Kropf, Attorney for Rocco and Adelia Corsi, requesting 1 to rezone property located on the north side of Seven Mile Road between Lathers and Angling in the Southeast 1/4 of SEction 1, from RUF and C-1 to C-2 to allow restaurant expansion. Mr. Tent, Chairman, stated there is a letter dated June 26, 1970 in the file from the Chief City Engineer indicating there are no storm sewers available to this site at this time and that a dedication is needed on Seven Mile Road for right-of-way. He stated there is also correspondence in the file from Consumers Power Company stating they have no objection to the petition as submitted. Mr. Rodney C. Kropf, Attorney representing the petitioner, was present and stated the petitioners are owners of a Pizza on Seven Mile Road and it is their intention at this time to approximately double the size of their existing facilityr.Wbich presently serves about seventy-five tpthelnew addition would be on e. He said they want to the westan deideoofl eighty to one-hundred seats and hat the existing building. Mr. Kropf stated they would like to make provision for a already plied and that the new cC liquor ld lbe for anse dultor shich they but they still plan to pmaintain the existing Pizza facility would b for young people. Mr. Rropf was questioned regarding parking and stated that t s client teishe in Italy at the present time but will be back in August and he wilCommission's taking this item under advisement at this time. Ilhe Mr. Tent questioned if Mr. Rropf's client is amenable to the dedication of right- of-way on Seven Mile Road. Mr. Kropf stated, very definitely. Mr. Colomina requested to know if Mr. Rropf stated that this building will be separated from the restaurant portion. 8920 Mr. Kropf answered they want to maintain the existing facility for those under twenty-one and they will try to separate the new operation from the old. He stated the new operation will be a more expanded operation where they can serve wine, etc. , when requested, and will be similar to an operation now on Plymouth Road. Mr. Andrew stated that inasmuch as this is a rezoning request and the petitioner will have to come back for a, waiver use, is there any reason why a resolution can't be adopted approving this at this time. Mr. Kropf stated, no good reason if it is the feeling of the majority:•of the Board. Mr. Andrew said there is a junk car along the east line of the property and asked if Mr. Kropf would ask the petitioner to remove it. Mr. Kropf stated he will call his clients and will have3 ut of there right away. Mr. Tent advised that it has been the policy of the Commission to request a site plan at the time of rezoning because once the C-2 zoning is granted the petitioner no longer is required to come through the Commission if they would decide to use the property for some other use. Mr. Kropf had indicated he would like to get all t;l papers in order and the Commission would like to have it all at the same time. This has been the policy on this and Tir. Tent stated he would hope this philosophy would be used on this type of zoning change. Mr. Tent stated also that there is a letter in the file from M. Knapp indicating her objection to the petition. Mr. Walker stated that plan shows the proposed expansion of the building would fall within the C-1 zoning and questioned the need for this amount of C-2 zoning which has been requested and perhaps the Commission would want to consider some of this for parking instead of going all the way into it with C-2. Mr. Kropf stated that does have merit. Mr. Andrew questioned if Mr. Kropf had gone to the Zoning Board of Appeals for a waiver of the wall. Mr. Kropf stated yes, and there was no objection to that. Mrs. Mildred Knapp, 19300 Lathers, requested to know how this will effect her property. Mr. Walker explained that Mrs. Knapp's property is actually not involved in this rezoning. Mr. Colomina stated that the P.S. zoning between the property under petition and Mrs. Knapp's property will act as a buffer of the C-2 zoning. There was no one else present wishing to be heard regarding this petition. Mr. Tent, Chairman, stated the item will be taken under advisement. 8921 i: Mr. Tunis announced the next item on the agenda is Petition 70-6-2-12 by American Oil Company requesting to be granted a waiver of use permit to construct and operate a gasoline service station on property located on the east side of Levan Road, south of Five Mile Road, in the Northeast 1/4 of Section 20. Mr. Tent stated there is a letter in the file from the City Engineer indicating there is a necessity for additional right-of-way and that there are no storm sewers available to the area. He stated that approval of the abutting property owners has not been obtained and asked if they have been contacted. Mr. William Baron, American Oil Company, stated yes, they have. He stated that American Oil has purchased property behind the facility at Five Mile and Levan and it is their desire to demolish the existing facility and construct anew. They have met with the Planning people and have arrived at an agreement on land- scaping and they have agreed to the deeding of the property and will submit a deed of their own for the dedication and he stated he believed this is agreeable to Mr. Menzies and Mr, Tatigian. He said this also includes the property they are giving as an easement on Levan. Mr. Baron stated that with regard to the consent agreement, there are two property owners within the 400' and they have obtained agreement from one; the other is the hospital and with Mr. Menzies' help he will be able to pick that up tomorrow morning. He stated the sewer problem has been discussed with Engineering and there is a tentative plan for solving that problem. Engineering thinks the sewer may have been extended to the south but with the excavation last fall the pipe has apparently been covered over. He said they will either tie into that or there is a County drain in the open ditch about 700 to 800 feet south of Five Mile. Mr. fent questioned if Mr. Clark of the Engineering Department said it would be allowed to drain into an open ditch. Mr. Baron stated that nothing official has been granted but he was led to believe that they could do it. Mr. Tent asked if Mr. Baron has an architectural drawing. Mr. Baron stated he has a small one which shows what they would construct exactly. Mr. Walker questioned if this rezoning is for additional land or expanding the present land. Mr. Baron stated that this station was constructed when it was permitted in a C-1 zoning but they had also bought additional land and now they are asking rezoning of the entire area. Mr. Moser requested to know why the required signatures were not obtained before the public hearing was set-. Mr. Baron stated that this unfortunately was an oversight; they had an existing service station and thought they had met this qualification, but in the City's opinion because they are adding to the facility in land area, the consent on the IL new property to be rezoned is needed. He said that is why they have not already been submitted. There was no one else wishing to be heard regarding this item. mr- 8922 irk; Mr. Tent stated the item will be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-6-2-13 by American Oil Company requesting to be granted a waiver of use permit to construct and operate a gasoline service station on property located on the northwest corner of Middlebelt Road and Six Mile in the Southeast 1/4 of Section 11. Mr. Tent stated there is a letter in the file from the Engineering Department indicating there are no problems regarding this petition. Mr. Baron stated this again is a station where they have obtained additional property and would like to demolish the existing structure and build a new one. He said this one would be further away from Six Mile. He stated that there are four property owners involved and they have obtained consent agreement ,from two of them hut feels they will get these signatures in to the Commission. He said this station is the same station which he had shown the Commission a picture of. Mr. Tent questioned if the storage problem will be eliminated. Mr. Baron stated yes, there wilLbe an additional stall (3 x 1) which will be used for storage. 1L; Mr. Tent questioned Mr. Baron regarding the landscape plan which was submitted but which was inadequate as reviewed by the staff. Mr. Menzies of the Planning Department stated they were reworking their site plan as far as landscaping goes but said there is also a severe problem with storm drainage. Mr. Baron stated he had an Engineer here tonight with him and the Engineer stated that there is presently a design to have this go to the Tarabusi Drain which has been approved by Wayne County and by this City and Mr. Clark of the Engineering Department (City of Livonia) is presently working on easements on property north of Seven Mile and he feels that everything looks okay and in a short period of time they will have easements all the way down to the Tarabusi Drain. Mr. Tent asked if Mr. Baron can work out the landscape problem. Mr. Baron stated yes, and that they had the proper zoning and because the station was there they prepared and submitted the plans but the other requirements did not come before the Department at this time. Mr. Tent stated that when American Oil was here about six months ago they indicated they were going through the process of revamping their stations and it was indicated at that time that a requirement was landscaping; in fact, there was quite a discussion regarding all the stations coming into Livonia needing this. Mr. Baron stated that he believes they have a landscaping plan but they have not labeled what they (plantings) are. Mr. Menzies agreed that this was the problem. 8923 � Mr.r Menzies agreed that this was the problem. Mr. Walker questioned if this site has the required square-foot land area. Mr. Menzies stated, very definitely and it meets all setback requirements. Mr. Colomina questioned about landscaping and asked who is going to take care of it. Mr. Baron said this has been a, problem; they have trouble getting a dealer to water land let alone pick up trash. He stated the company has been discussing use of artificial shrubs and astro-turf which looks better than dead landscaping and there is no maintenance on it. Mr. Colomina stated that Yankee on Bight Mile put in about 200 shrubs and in eight months he believes thereis one of the biggest pigstys in the City. Mr. Tent stated that the Flaming Pit has and that he had complimented them only yesterday on this. There was no one else wishing to be heaid regarding this item. Mr. Tent stated the item will be taken Under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-6-2-14 by Hart & Leidal Investment Com any requesting to be granted a waiver of use permit to cons kuct a building kor masonry repairs contractor's operatiotr ori litopetty lovate on the south side of Schoolcraft between Merrimntr and titibbard n the Northeast 1/4 of Section 27. Mr. Tent stated there is a letter in the file from Engirieeritik indicating there is no storm drainage available to the site and a letter from Mr. Nagy, Industrial Development Coordinator, dated July 13, 1970 recommending approval and a letter from Victor and Jeanne B. Laurie saying that this building will encroach on their property. Mr. Tent said there is also a letter from Hi-Vol Products requesting that this petition not be approved. Mr. Clarence Charest, Attorney representing the petitioner, stated that the petitioners have been residents of this community for many years and when they agreed to sell their property on Middlebelt Road to Cadillac Motor, it mean't they would need a new location. He said this is industrial property and properly zoned for this purpose and it surprised him that a contractor needs a special permit. Mr. Charest stated the building will certainly be located on their own property even if they have to have a survey and he doesn't know why someone would say that it will be located on other property. He said he understands there will be a storm drain on the service drive and they will connect into that drain. Mr. Tent questioned if Mr. Charest's client is asking a waiver use for 1,080'. (10 Mr. Charest stated they only wish to build a building on the dimension they request. 8924 Mr. Tent stated it has been recommended that the waiver be granted for only 450'. Mr. Charest stated that is where the building will be. Mr. Nagy stated the question is whether they can use this lot for this use; that they can get a building perthit for constructing the building on..only specs. Mr. Charest stated that this waiver is needed before they can get a permit to build, Mr. Andrew stated that when they made their application for a permit they indicated a masonry contractor and could get a permit to occupy the building after approval by the Commission. He said that these petitioner's have cooperated with this City in selling their property to Cadillac and he believes they should be given all possible consideration. Mr. Tent asked if the 450' is agreeable. Mr. Charest answered, yes. Mr. Tent questioned Mr. Charest regarding the landscaping. Mr. Charest stated they will submit a landscaping plan. Mr. Walker raised the question as to whether or not the Commission Will take the landscaping into consideration and when they act on it give the petitioner so many days to submit it. Mr. Tent stated, yes he would say that if the Board so desires they'can act on it and if it is agreeable the approval can be conditioned. Mr. Charest stated he would appreciate some action this evening because the petitioners have a very limited period of time to move out of the existing building. Mr. Walker said a condition could be that he submit the landscape plan before picking up the occupancy permit. 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 Petition 70-5-1-21 by the City Planning Commission on its own motion to rezone property located on the west side of Middlebelt Road, north of Six Mile Road in the southeast 1/4 of Section 11, from R-1 to P.S. Mr. Tent advised there is a letter in the file from Engineering indicating there is a lack of storm sewers in the area. Mr. Menzies stated this rezoning has come about after a study was prepared by the Department in relation to a prior petition for C-2 zoning. This rezoning he said will cause the zoning pattern to conform to the property lines. in the area. 8925 Iti Mr. Menzies stated this rezoninghas come about after a studywas prepared by the IL, Department in relation to a prior petition for C-2 zoning. This rezoning he said will cause the zoning pattern to conform to the property lines in the area. There was no one 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 70-5-1-22 by the City Planning Commission on its own motion to rezone property located on the west side of Middlebelt Road, north of Six Mile Road in the Southeast 174 of Section 11, from R-1 to C-2. Mr. Tent advised that a letter in the file from Engineering indicates there is a lack of storm sewers in the area. He said the comments on the previous petition parallels this item. There was no one present wishing to be heard regarding this item and Mr. Tent stated the item will be taken under advisement. On a motion duly made by Mr. Walker, seconded by Mr. Colomina, and unanimously adopted, it was #7-83-70 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on July 21, 1970 at approximately 9:15 p.m. [10 * * * * * * * * * * * * * * * * * * * Mr. Tent, Chairman, called the 252nd Special Meeting to order at approximately 9:40 p.m. with approximately the same number of interested persons in the audience. Mr. Tunis announced the first item on the agenda is Petition 70-6-1-25 by Rodney C. Kropf, Attorney for Rocco and Adelia Corsi, requesting to rezone property located on the north side of Seven Mile Road between Lathers and Angling in the Southeast 1/4 of Section 1, from RUF and C-1 to C-2 to allow restaurant expansion. Mr. Tent stated that this item will be taken under advisement until detailed plans are available and submitted. Mr. Tunis announced the next item on the agenda is Petition 70-6-2-12 by American Oil Company requesting to be granted a waiver of use permit to construct and operate a gasoline service station on. property located on the east side of Levan Road, south of Five Mile Road, in the Northeast 1/4 of Section 20. Ur. Tent stated this is another item on which clarification is needed since there are several questions relative to storm sewers and site plan and if Mr. Baron can bring in the quit claim deed and the signatures the Commission could hold a special meeting and the petitioner wouldn't have to wait until the August meeting. He has stated he is agreeable to that so we will take this item under advisement until he can bring in the needed material. 8926 Mr. Tunis announced the next item on the agenda is Petition 60-6-2-13 by American Oil Company requesting to be granted a waiver of use permit to construct and operate a gasoline service station on property located on the northwest corner of Middlebelt Road and Six Mile in the Southeast 1/4 of Section 11. Mr. Tent stated this falls into the same category and it is agreeable to Mr. Baron to take this item under advisement until the Commission has enough in- formation regarding sewers and the signatures required. He stated this also can be scheduled for a special meeting during a study meeting. Mr. Tunis announced the next item on the agenda is Petition 70-6-2-14 by Hirt & Leidal Investment Company requesting to be granted a waiver of use permit to construct a building for a masonry repairs contractor's operation on property located on the south side of Schoolctaft betfoeen Merriman and Hubbard in the Northeast 1/4 of Section 27, the City Planning Commission does hereby recommend to the City Council that Petition 70-6-2-14 be approved but that the use be limited to a portion only, of the property covered by the petition; that portion being the 450' lying directly south of the proposed I-96 Freeway take line, with the following conditions: (1) That an adequate landscape plan be submitted for Planning Commission approval within six months from the date of approval. (2) That landscaping as indicated on the approved landscape plan be installed within one year after the building permit has been applied for. for the following reasons: (1) This is a logical land use for this sector of the City. (2) It will not have a detrimental effect on the area. (3) All the requirements of the Ordinance have been met. 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, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-5-1-21 by the City Planning Commission on its own motion to rezone . property located on the west side of Middlebelt Road, north of Six bile Road in the Southeast 1/4 of Section 11, from R-1 to P.S. On a motion duly made by Mr. Walker, seconded by Mr. Colomina, and unanimously adopted, it was 8927 ir , #7-85-70 RESOLVED that, pursuant to a Public Hearing having been held on July 21, 1970 on Petition 70-5-1-21 as submitted by the City Planning Commission on its own motion to rezone property located on the west side of Middlebelt Road, north of Six Mile Road in the Southeast 1/4 of Section 11, from R-1 to P.S, the City Planning Commission does hereby recommend to the City that Petition 70-5-1-21 be approved for the following reason; (1) The P.S. zoning is a logical transition between the R-7, Multiple Family District, to the north and the C-2 District to the south. 1Un2THER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of July 1, 1970 and a notice of such hearing was sent to the Detroit Ediosn 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 announced the next item on the agenda is Petition 70-5-1-22 by the City Planning Commission on its own motion to rezone property located on the west side of Middlebelt Road, north ' f of Six Mile Road in the Southeast 1/4 of Section 11, from 1110, R-1 to C-2. On a motion duly made by Mr. Hand, seconded by Mr. Andrew, and unanimously adopted, it was #7-86-70 RESOLVED that, pursuant to a Public Hearing having been held on July 21, 1970 on Petition 70-5-1-22 as submitted by the City Planning Commission on its own motion to rezone property located on the west side of Middlebelt Road, north of Six Mile Road in the Southeast 1/4 of Section 11, from R-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 70-5-1-22 be approved for the following reason: (1) This rezoning is a io¢1.c^.1 ninor extension of the existing C-2 zoning and brings the zoning district boundaries in line with property lines. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of July 1, 1970 and a 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. 1 8928 I 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 on the west side of Inkster Road, between Meadowbrook and Oakley in the Northeast 1/4 of Section 24. Mr. Tent stated that before comments are made he Mould like to read two letters from the file. Mr. Andrew stated he would like to make a comment first; that being to hold this item to the ehd of the agenda until the Salvation Army people have an opportunity to arrive. Ae stated he believed that at thestudy session the Commission had indicated a time of 9:3b of 10:00 as the time this:item would probably be taken up. Mr. Tent announced that this item will be delayed until later in the meeting in order for the Salvation Army representatives to have an opportunity to be present. 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, south of Six Mile Road in the Northeast 1/4 of Section 14, from C-1 + and P.S. to C-2. Mr, Kropf stated that Mr. Moy, the petitioner, is present if the Commission wishes to ask him questions. He said Mr. Moy has indicated that the suggestions by the Commissioners as to how this petition would be amended is perfectly satisfactory. Mr. Tent stated this item was discussed in detail at a study session and questioned how soon Mr. Kropf could put together a package for the Commission's review. Mr. Kropf stated that he has not been able to have the site plan reworked but the building is proposed to go on the south. He said if the Commission wishes to rezone a portion to parking they would be agreeable to that but they would like the other two lots rezoned to commercial. Mr. Tent stated that it has been the policy of the Commission on a rezoning and waiver use petition to tie them together with a site plan and the Commission is only asking now is that the drawing and site plan be completed and this item can be acted on at a special meeting the same as the oil company's petitions. Mr. Kropf stated he understands the policy of the Commission but he thought the plan he had submitted would be sufficient if it was agreed to put the building on the south. Mr. Kropf stated there should be an Ordinance change and a complete plan asked for rather than a small plot plan. Mr. Andrew stated that everything being talked about are things that will be covered with the waiver use petition. On a motion duly made by Mr. Andrew and seconded by Mr. Colomina, it was m. 8929 toI #7-87-70 RESOLVED that, pursuant to a Public Hearing having been told on July 7, 1970 on Petition 70-6-1-23 as submitted 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 14, from C-1 and P.S. to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 70-6-1-23 be approved as amended to rezone: Lot #36 from C-1 to P. Lot #37 from C-i to C-2. Lot #38 from P.S. to C-2. for the following reasons: (1) This is a logical extension of the existing zoning within the area. (2) This is a zoning that is necessary to expand an existing use within the area. (3) This rezoning will make the existing use within the area conforming rather than a legal non-conforming use. There is no particular advantage to the City in con- 't., tinuing the nonconforming status of the use. (4) This change in zoning should not adversely effect the adjacent development. 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: Walker, Andrew, Hand, Colomina, Talbot NAYS: Tent, Moser ABSENT: None Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Kropf stated he will try to get the site plan redrawn by the time the petitioner comes back for the waiver use. Mr. Tunis announced the next item on the agenda is Petition 70-4-2-9 by Boron Oil Company requesting a waiver use permit to construct a gasoline service station on property located on the southeast corner of Eight Mile Road and Middlebelt Road in the Northwest 1/4 of Section 1. 8930 Mr. Tent stated there is a letter dated July 17, 1970 from the Boron Oil Company in the file concerning certain stipulations which have been agreed to and acknowledged by H. D. Hanna, Regional Manager of Boron Oil Company. He read the letter and stated that it contained slight changes from a prior letter which had indicated the petitioner sell to a related use which could be anything if the business was not successful. lir. Andrew questioned the Assistant City Attorney, Mr. Sackett, if the letter is legal. Mr. Sackett stated he would like to think about this before giving an opinion but he would think the City would be in a better position having the letter than not having it and would give some bargaining power because apparently they have dealt in good faith. Mr. Moser asked if this covers the piece of land the Commission is considering the waiver use on or more land because he believes they have a lot of other land. Mr. Tent stated this waiver use pertains to the legal description and includes only the service station. Mr. Moser stated that they are obtaining other property to the east Mr. Mesker stated they have no plans for development. Mr. Andrew asked if that land was part of the deal. Mr. Mesker stated, very much so. Mr. Walker expressed his belief that a company would tear down a good building because it was vacant for a number of years and asked if Mr. Mesker recalled any building that had been torn down for that reason. Mr. Mesker stated he was not sure but the Ohio parent corporation has done this on a highway interchange. Mr. Walker stated that was an entirely different situation and asked if he knew of any buildings that were perfectly modern that have actually been_tr'rn down because the company was financially unsuccessful. Mr. Tent questioned if they have had a station where what is stated in the letter has been instituted. Ar. Mesker stated, yes, on 1-71 which is now replaced with route 40. Mr. Walker stated that 1-71 does not answer his question; it is not a similar situation and stated that no court in the land would make him tear dolma building if he were reluctant to do it. Mr. Mesker stated that this is their operating marketing policy and is considered by their legal staff to be binding. He stated that he is confident enough in their marketing position to believe that they can control the financial capabilities of their outlets. Mr. Tent requested that Mr. Menzies submit a letter to the Legal Department of the City of Livonia for an opinion relative to form, compliance and legality of the letter submitted by Boron. 8931 The Commission held a short discussion on the revised site plan which had been submitted by Boron Oil Company. On a motion duly made by Mr. Andrew, seconded by Mr. Talbot, and unanimously adopted, it was #7-88-70 RESOLVED that, pursuant to a Public Hearing having been held on June 9, 1970 on Petition 70-4-2-9 as submitted by Boron Oil Company requesting a waiver use permit to construct a gasoline service station on property located on the south- east corner of Eight Mile Road and Middlebelt Road in the Northwest 1/4 of Section 1, the City Planning Commission does hereby recommend to the City Council shat Petition 70-4-2-9 be approved with the following conditions: (1) That the elevation plan conform to Drawing #69-2A. (2) That building type, BORON-DETROIT PMX-1220-L, as indicated on Drawing /169-2A, be adhered to. (3) That Landscape Scheme I, dated March 3, 1970, and revised June 16, 1970, be adhered to and all landscape material be installed within 1 year after approval. (4) Approval made subject to the representations and conditions agreed to by the petitioner in a communication dated July 17, 1970 from H. D. Hanna, Regional Manager of Boron Oil Company. 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, 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. Mr. Tent stated this item appears on this agenda because one of the members had voted in error at the piwious meeting and requested reconsideration. Mr. Tunis made a motion to reconsider the previous action taken by the Commission at the meeting of July 14, 1970. There was no support to Mr. Tunis's motion and Mr. Tent declared that the action taken by the Commission in Resolution #7-81-70 at the 219th Regular Meeting held by the City Planning Commission is valid and Petition 70-5-1-18 { stands as approved. Mr. Tunis announced that agenda Item #7, which had been delayed from earlier in the meeting in order to allow the petitioners to have representation, would be taken up at this time; Petition 70-5-2-10 as submitted by Richard A. Hamilton, Attorney for the 8932 v Salvation Army, requesting to be granted a waiver use permit to construct and operate a church and related uses on property on the west side of Inkster Road, between Meadowbrook and Oakley in the Northeast 1/4 of Section 24. Mr. Tent stated that the following letters have been received regarding this petition since the last meeting: From Ray W. Tuer, Chairman of the Redford Township Planning Commission, dated July 14, 1970, stating they have no objection to the construction of this church; from Dawn Rice, Clerk & Acting Supervisor of Redford Township, dated July 21, 1970, stating the Township Board had adopted a resolution supporting the objections of the people of the area who object to the proposal of the church in that location; from Rev. Thomas J. Cain, Pastor St. Maurice Church, dated July 13, 1970, recommending the Salvation Army Corps project, and from Bartlett L. Hess, Pastor of Ward United Presby- terian Church of Livonia, dated July 11, 1970, commending Major Herbert Luhn and his application for permission to be located in the community. Hr. Tent requested to know if these letters were solicited. Major Luhn replied, yes, they had asked for the letters if these people were in favor of the church but had not told them what to write. Mr. Andrew stated that if his memory serves him correctly, Major Luhn had indicated at the last study meeting that this church building would be broken into three areas; church, kitchen facilities and he beleived, a hall of some type. Major Luhn stated a hall in the same sense that every church has a fellowship hall for Boy Scouts, Girl Scouts, etc. Mr. Andrew questioned Major Luhn on the ability to administer, in his Pastoral duties, to approximately 200 families which are not in close proximity to the church. Major Luhn stated that they have about 200 adult, active members Which are fourteen years old and above; perhaps 60 families. Mr. Andrew stated that there are only so many hours in the day and since this would not take up all his time to administer to their needs, that does ":jar Luhn do in the so-called "off-hours." Major Luhn said he thinks what Mr. Andrew is getting at is does he have a role in addition to being a Pastor; he stated that each Salvation Army. Corps is different and adjustments are made to each situation. He stated that in the present situation about 90% of his time is administering to the congregation, preparation of activites, etc. , and the other 10% is pent being available to answer calls to visit in hospitals and all kinds of calls where he would serve indescriminately to the community. Mr. Andrew asked if he would spend most of his working day within the confines of the Church. Major Luhn stated, he would say yea. Mr. Andrew asked Major Luhn to briefly describe his service. 8933 Major Luhn stated both services would follow about the same pattern and would begin with an organ prelude, band plays while the curtain opens, hymn singing, prayer, responsive scripture reading, hymn by the choir, Pastoral prayer, sermon, closing hymn and Benediction. He stated the kitchen Mr. Andrew is speaking of is the normal kitchen for serving coffee, etc. and will be used for their own congregation. Mr. Tent stated, then this will not be a community kitchen. Major Luhn stated, no it will not. Mr. Talbot stated that in taking a survey and asking what the Salvation Army meant to people and they seemed to think it was more of a social service group because of its charitable works than a religious organization. Mr. Talbot said that in checking with Mr. Beltz in the Planning Office of the City of Royal Oak where there is a Salvation Army Church located, Mr. Beltz said the Church was definitely an asset to the community. He stated he asked the City Planner of Port Huron, Mr. Strassen, about the Salvation Army Church in that City and Mr. Strassen said he could be quoted as saying he is very glad the Church came to their City; that the building is a lovely structure in a residential area. Mr. Colomina stated that since a waiver use can be conditioned he could ask that two conditions be considered; one, that the ingress and egress be off Inkster and Oakley only and in no way through the subdivision, and two, that the parking lot be landscaped. He asked if Major Luhn would concur in those conditions. Major Luhn stated that would be acceptable. Mr. Colomina also asked if Major Luhn would be willing to appoint a person from Como Lake Subdivision and a person from Redford to the Advisory Board of the Church so they would be spokesmen for their neighborhoods and wuld know what the activities are. Major Luhn stated he would very much like to have them as members of the Advisory Board. Mr. Tent stated that discussion had been held with the Salvation Army representatives regarding locating to another site and several care mentioned and questioned if they had been explored. clajor Luhn stated yes, the sites mentioned by the Commission were explored and also a few further out. He said that when they began looking for a site there were so many factors they felt the site must have and in a sense they would be throwing everything they felt important away if they were to move ways*out. Major Luhn stated that they have tried to do the thing right and yes, they looked at the sites and his thought is that if this site is not available they would have to move further south or east but not north or west. Mr. Tent stated that he drove through the area again and checked it out complete- ly again to determine if this site is really a logical location for the Salvation Army; there are valid points both ways. He said that if the Commission took action to deny or approve he is sure that his vote would not be to discourage the Salvation Army from locating in the City of Livonia but what the Commission is looking at here is whether this location can support 8934 a church, and if it is denied it will not be because of anything against the Salvation Army. Mr. Walker stated that reasons regarding the Church have been discussed and the Commission has heard from the people representing the Church. He said he was unable to attend the meeting last night and he was hoping to hear if any of the differences with the people of the area have been resolved; many of the differences were logical. He stated that now the Commission is prepared to eliminate the difference regarding the traffic through the subdivision and the matter of just what the Church is has been settled; has any word from the people in the area been received regarding any differences. Mr. Tent stated that presentations were made at the study session; ingress and egress was discussed; traffic was also discussed; the question was:.also askdd if there had been any change in the peoples' attitude about this and it was said that the people are more against it now than they were at the public hearing. Mr. D. Fetner stated he didn't believe the sentiment has changed and remains much the same as it was before. He said they are not anti-religious people but fear the closeness of St. Paul's Church and this will depreciate property. He stated they realize this will be a church only but the name Salvation Army by association will not give them fair value for their property. Mr. Andrew questioned if the ingress and egress is limited to Inkster Road does Mr. Fetner think this will eliminate the traffic problem. i Mr. Fetner stated he is sure that would solve the traffic problem; they cannot control the people coming through the subdivision want to go north or south however, he said he doesn't feel this is one of the main stumbling blocks regarding this; he believes it is the geographic problems rather than traffic problems. Mr. Hand asked for an assumption that this petition is denied and three weeks another petition came in; is there anything that would be acceptable to the people there, say a three-story office building with the traffic and congestion perhaps being less desirable than a church. He questioned if Ur. Fetner means that the only thing acceptable to them is additional housing and if he is there would still be additional traffic created. Mr. J. W. Benson, 14702 Cavell, stated that he sees Mr. Hand's point well but asked him to please realize that they are not the people who brought the traffic problem up; it was brought up and just snow-balled and when it became an issue they had to take it up as fast as they could. Mr. Kropf stated he represents Mr. Lewis Brooks, the owner for 35 gars and in this connection Mr. Brooks has 34 acres of property that will be effected by the Church, and he does not feel it will diminish the value of his property. He stated drainage is going in Livonia Drain #2. Mr. Andrew asked if this is a gift from Mr. Brooks to the Salvation Army. Mr. Kropf replied, no. On a motion duly made by Mr. Talbot and seconded by Mr. Moser, it was 8935 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 on the west side of Inkster Road, between Meadowbrook and Oakley in the Northeast 1/4 of Section 24, the City Planning Commission does hereby recommend to the City Council that Petition 70-5-2-10 be approved with the following conditions: • (1) That detailed architectural, site and landscaping plans be submitted within one year of this date and that they be subject to approval by the City. (2) That the landscaping be installed as indicated on the approved landscaping plan within one year after the building permit has been applied for. (3) That the main point of vehicular ingress and egressto and from the site be located on Inkster and Oakley Roadsc : _ only. (4) That the waiver use be granted for Church purposes only and that no social rehabilitation programs be conducted on the site. 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Andrew, Moser, TAlbot, Tunis NAYS: Walker, Hand, Colomina, Tent ABSENT: None Mr. Walker requested the record to show that his nay vote is without prejudice. Mr. Tent, Chairman, declared the motion is lost for lack of majority vote. Mr. Hand questioned the advisibility of a ten-minute recess. Mr. Tent stated the Commission would recess for a period of ten minutes. The City Planning Commission reconvened the 252nd Special Meeting at approxi- mately 10:10 p.m. Mr. Colomina stated the purpose of the recess being called was that the Planning Commission has had two meetings, a study meeting and meetings with 1:10 the people of the area and the Salvation Army and is still at the same point as it was two weeks ago. He stated that, in all fairness to the people in the neighborhood and to the Church, he can't see bringing them back to another study and regular meeting for another vote and the possibility. of a split vote; the new Commissioner, Mr. Pinto, will attend the next meeting and this would not be fair to him. /Ir. Colomina stated4 his desire to get this item off "dead- center" and to Council where the ultimate decision has to be made; this Commission is a recommending body only. ����- 8936 On a motion duly made by Mr. Colomina and seconded by Mr. Moser, it was r #7-89-70 RESOLVED that, pursuant to a Public Hearing having been held on July 7, 1970 on Petition 7Q-5-2-10 as submitted by Richaid 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 on the west side of Inkster Road, between Meadowbrook and Oakley in the Northeast 1/4 of Section 24, the City Planning Commission does hereby recommend that Petition 70-5-2-10 be approved with the following conditions: (1) That detailed architectural, site and landscaping plans be submitted within one year of this date and that they be subject to approval by the City. (2) That the landscaping be installed as indicated on the approved landscaping plan within one year after the building permit hes been applied for. (3) That the main point of vehicular ingress and egress to and from the site be located on Inkster Road only. (4) That the waiver use be granted for Church purposes only and that no social rehabilitation programs be conducted on the site. 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Andrew, Talbot, Moser, Colomina, Tunis NAYS: Walker, Hand, Tent ABSENT: None Mr. Tent, Chairman, declared, the motion carried and the foregoing resolution is adopted. Mr. Tunis announced the n* t item on the agenda is the approval of the minutes of the meeting held by the City Plann4ng Commission on June 9, 1970. On a motion duly made by Mr. Colomtna, and seconded by 'Mr. Talbot, it was #7-90-70 RESOLVED that, the minutes of the meeting held by the City held by the City Planning Commission on June 9, 1970 are approved. A roll call vote on the foregoing resolution resulted is. the following: AYES: Talbot, Walker, Band, Moser, Colomina, ',funis, Tent NAYS: None ABSTAIN: Andiew 8937 Mr. Tent, Chairman, declared the motion carried and the foreging resolution adopted. On a motion duly made by Mr. Andrew, seconded by Mr. Tunis, and unanimously adopted, it was RESOLVED, that the City Planning Commission does hereby adjourn the Public Hearing and 252nd Special Mebting held on July 21, 1970, at approximately 11:15 p.m, CITY PLANNING COMMISSION 1 rt.43S-114 .41 H. Dow Tunis, Secretary ATTEST : d( eAGE Raymy d W. Tent, Chairman