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HomeMy WebLinkAboutPLANNING MINUTES 1970-08-25 0 8919 MINUTES OF THE 220th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 25, 1970, the City Planning Commissbn of the City of Livonia held its 220th Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Ibad, Livonia, Michigan. Mr. Robert Colomina, Vice-Chairman, called the Public Hearing to order at approx- imately 8 :15 p.m, with approximately 80 interested perms in the audience. Members present: Robert Colomina Francis Hand Charles Pinto Joseph R. Talbot Daniel R. Andrew H. Dow Tunis Joseph J. Falk Members absent: Raymond Tent Marvin Moser Messrs. Robert R. Menzies, Planner Itt; H. G. Shane, Planner III; Ralph Bakewell, Planner III; John J. Nagy, Industrial 1ieve1opment Coordinator; and Gary Sackett, Assistant City Attorney, were also present. Mr. Tunis announced the first item ofi the agenda is Petition 70-6-1-26 by Sun Oil Company requesting to rezone property located on the southwest corner of Inkster and Pive Mile Roaiin the Northeast 1/4 of Section 24, from C-± and R-1 to C-2. Mr. Colomina stated there is a lettet in the file from the Engineering Department indicating there is no storm sewer available for drainage of this site at this time. Mr. James Nowka, 500 S. Dix, Detroit, Michigan, was present representing the petitioner and stated that they have had a station on this corner for approxi- mately twenty years and it is their desire to upgrade the facility with a modern colonial-type structure. They are attempting to accumulate additional land including an alley on the present site to develop a sound, large service station site. He stated they are trying to correct the C-1 zoning which at some later date will be used for a station site and to change the residential to C-2 to make the zoning compatible with the current use. He presented a drawing of what they propose, including landscaping, to the Commission. Mr. Colomina questioned if Mr. Nowka is aware that after the zoning is changed they will have to come back for a waiver use and asked if they will completely remove the station they are in now. Mr. Nowka stated, yes, completely remove it and replace it with a modern type station. Mr. Andrew question if they L,ave purchased the lot south of the existing alley. Mr. Nowka stated they have an agreement of sale on that property. He said the alley lying between them a::ld the residential to the south is overgrown with 41111,1 weeds. Mr. Hand stated the original property involved was 140' x 110'. 8920 Mr. Nowka stated it was 140' x 100', the southerly line of their property was the northerly line of the alley. Mr. Hand continued that their station is presently there and if the property they are requesting rezoned to the south, if they are not locating the station on it, what are the plans for it. Mr. Nowka stated that essentially, their strength in the case to acquire the property was based upon the fact that they are cramped with the frontage on Inkster Road. This will be a safety factor and they are planning on putting their station back close to the rear property line, the plan being to completely open up the intersection and go the farthest possible to the southeast. Mr, Andrew questioned whether the masonry wall is precast or concrete. Mr. Nowka stated it will be a shado-block wall. Discussion was held concerning the vacating of the alley and the fence going over the sewer easement. Mr. Andrew recalled the fence had to go on the east side. Mr. Pinto recalled the fence would have to go in a perpendicular fashion crossing the sewer. Mr. Clarence Charest, Attorney representing the owners of Lot #103, stated the petitioners take exception to the petition to vacate the alley and rezoning of the property, feeling it is improper according to the past action to invade residential areas and that it will be a detrimental factor to the property owned by them. He said that even if it is rezoned it will be impossible to build the station as proposed; he is required to obtain several vetivers from the Zoning Board of Appeals. He said this station will not conform to the codes of the City regarding setbacks and they feel the Commission should not attempt to grant zoning lending to violation of the Zoning Ordinance of the City. He also stated they do not feel it is necessary to vacate this alleyand that the petitioner should not be granted any variances. Mr. Charest stated the Commission has made studies on stations in the City and they show an exces; of stations; this petition is based on a widened Five Mile Road; that the City should not allow an Ordinance to be violated and that this petitioner should not be granted zoning to invade residential property. He stated his clients would be confronted with a gas station in their back yard. Mr. Charest requested that this petition not be granted because it will be a detriment to his clients' property. Mr. Andrew questioned if Mr. Charest's clients are objecting to the vacating of the alley running parallel to Five Mile Road. Mr. Charest stated they see no need to vacate it at tlis time. Mr. Andrew questioned if his client would object to the Sun Oil Company granting them fee title to the east ten feet of the north/south alley if it was vacated. Mr. Charest stated they have no need for it and the granting of this petition would be in violation of all that has been done in this City. There was no one else present wishing to be heard regarding this item. Mr. Colomina stated the item will be taken under advisement. 8921 Mr. Tunis announced the next item on the agenda is Petition 70-6-3-5 by Sun Oil Company requesting to vacate the east/west alley running south of and parallel to Five Mile Road between Arcola and Inkster Road in the Northeast 1/4 of Section 24. Mr. Colomina stated there is a letter in the file from Consumers Power Company stating they have no objection to this petition and from Engineering regarding consideration of vacating the entire alley. Mr. James Nowka was present representing the petitioners and requested the Plan- ning Commission to note that very few alleys in this area are not vacated. He stated the alley concerning them is behind lots #1 - #7 and is unimproved and obviously very little interest in the improvement of it exist. He asked for favorable consideration by the Commission in this matter. Mr. Fred Nista (owner of the barber shop) stated he takes exception to the statements made regarding this property not being kept up; he has been a good tenant in the City and definitely does not want this vacated because he uses it; he needs it for egress and sees no reason why he should give up his livelihood for Sun Oil. He stated he hopes the Commission can understand his position; he has to have all the parking possible. He has lots #8 through #12 and needs the egress. Mr. Pinto questioned if there would be an objection to vacating only lots #1 10/1 through #6. Mr. Nowka stated their property goes front Lot #1 through #7 and that is all the petition requested to be vacated, and the vacating of the entire alley was not their idea. Mr. Pinto questioned what is on Lot #7 and where is the ingress and egress. Mr. Fted Nista stated across Lot #8 and #9. Mr. Pinto stated, then vacating to the rear of Lot #7 would not interfere with his business. Mr. Fred Nista stated no, I have no use for Lot #7 and was of the opinion that the whole alley was to be vacated. Mr. Andrew requested to know how it was advertised. Mr. Menzies stated the entire alley was advertised because it is the only alley in the area not vacated but the petitioner requested only Lots #1 through #7, but actually the advertising is correct. Mr. Charest stated the Commission has made studies on gas stations within the City and they show there is no need for additional stations and asked that this petition be denied. Mr. Charest stated he doesn't believe this petitioner has a right to petition to close this alley down on his own behalf. If% There was no one else present wishing to be heard regarding this item. (61 Mr. Colomina stated the item will be taken under advisement. 8922 4, Mr. Tunis stated the next item on the agenda is Petition 70-6-1-27 by Joseph and Mary Ann Maiorana requesting to rezone property located on the northeast corner of Shadyside and Seven Mile Road in the Southwest 1/4 of Section 3, from R-3-A to C-1. Mr. Colomina stated there is a letter in the file from Consumers Power Company stating they have no objection to this petition and a letter from Engineering Department regarding needed additional right-of-way. Mr. Clarence Charest, Attorney, was present representing the petitioners and stated the petitioner recently erected a market and they have need to ask to use the rear portion of the property for storage and for expanding their business. The two residences, one is occupied by the petitioners and one is occupied by the petitioner's grandmother. The parcel to the ea:t and north is also owned in part by the people at the corner of Seven Mile and Farmington Road. They are asking that they be allowed to expand the C-1 district since it is their under- standing that the people who own it now will be asking to expand the district and will have some big development for that parcel. He stated there is presently a fence around the property, and does not feel the pre-apt business is detrimental to the area. Mr. Colomina asked if this is where he is storing his trucks now. Mr. Charest stated that is possible. Yr. Colomina questioned that the petitioner is asking for a change of zoning allowing commercial to encroach on residential. Mr. Charest stated he is representing the petitioner who has a right to request this. Mr. Colomina requested to know how many homes are on the property to the north. Mr. Charest replied one, he believes and the church is on the corner. Mr. Hand asked if Mr. Charest's client owns the property to the east. Mr. Charest stated no, he does not; that is part of the parcel sold to the developer. Mr. Andrew questioned if Mr. Charest has indicated that the parcel under question is fenced at the present time. Mr. Charest stated, yes. Mr. Andrew questioned if he is contending that this at the present time is a legal non-conforming use. Mr. Charest stated no, he doesn't believe he contended that. { Mr. Pinto asked what the proposed use is as definitively as Mr. Charest is able to explain it now. Mr. Charest Stated they would like to expand the present building to add to the building with a storage box and room in the back. 8923 Mr. Hand questioned if Mr. Charest anticipates at any time to start using Shadyside as ingress and egress. Mr. Charest replied no more than they do now. He stated the Engineer has sent a letter asking for right-of-way and that this is the property on which there was a law suit afid at that time the Court upheld that they do not have to donate property but it has been indicated to the City that they would donate the property. Mr. Talbot questioned if the petitionetg own the proterty' to the east. Mr. Charest stated no, this was sold to a developer. Mr. Richard Ford, a resident Stated he is directly across from the petitioner and that lots 171 and 172 are owned by Mr. Maltby, 173, 174, 175 and 176 by himself and 177 and 178 and 179 are owned by Mr. Zander. He stated that Mr. Zander and Maltby have indicated they are against this zoning re4est and he doesn't believe Mr. Charest is sure of some of the statements he made. He stated there is two feet of the dumpster in view and rubbish on top of that and there are about 400 bushel baskets standing there in view. Mr. Ford stated the petitioners are just about put out of business and on the nights when the wind is blowing in the right direction there is a smell of sour fruit. He said this has been detrimental to his property and if this zoning is extended they will stand to lose more and Mr. Maiorana will gain from it. Mr. Ford stated the fence is definitely too low; traffic has increased and parking has been a problem. The 41: fruit stand was not designed to do business off Shadyside but he now has an individual entrance on Shadyside. Mr. Charest said that what this gentleman says is proper and true regarding the storage facilities; they agree their facilities are inadequate for the business being done - this is the reason they are here and this wuld eliminate the problem as referred to. He stated they do not have enough room in the building for storage but they intend, if they are successful, to eliminate that problem and they will endeavor to correct the offensive odors. There was no one else present wishing to be heard regarding this item. Mr. Colomina stated this item will be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-6-3-6 by Roy M. Stewart requesting to vacate the north two feet of a six-foot easement located on the east side of Gol£view Drive, north of Five Mile Road, in the Southeast 1/4 of Section 17. Mr. Colomina stated there is a letter in the file from the Consumers Power Company indicating they have no objection to this petition and from Detroit Edison stated they have no objection. Also, a letter from the Engineering Department stating there are no utilities in the easement. Mr. Roy Stewart, petitioner, was present and stated he needs 27" vacated rather that 24". d Mr. Colomina questioned how the petition was advertiad and could the petition be amended and re-advertised or would a new petition be required. Mr. Gary Sackett, Assistant City Attorney, stated he didn't believe a new petition would be necessary. 8924 16 Mr. Colomina asked if the petitioner would be willing to amend his petition and have it re-advertised for the entire area deeded. Mr. Stewart stated, yes. There was no one else present wishing to be heard regarding this item. Mr. Colomina stated the item will be taken under adviament. Mr. Tunis announced the next item on the agenda is Petition 70-7-1-28 by the City Planning Commission on its own motion to rezone property located on the northeast corner of Lyndon and Farmington Road in the Northwest 1/4 of Section 22, from RUF to P.S. Mr. Colomina requested to know if there was anyone from Kimberly Oaks Subdivision present at the meeting and asked the representative to carry back to the sub- division that progress on this petition covers three to four years. When it was first presented to the Planning Commission ft was denied; it was sent back to the Planning Commission and the Commission was directed to hold a public hearing on a new petition which was done and was again denied. The Planning Commission and Planning Department made a study on the property and were again asked to have another public hearing. These hearings were held mainly because of requests 41: by the City Council. Mr. Monaco stated the main reason for this public hearing his knowledge is to present an alternate proposal. Mr. Pinto asked if a petition was ever presented before for RUF zoning to P.S. and if previous action was taken what was that action. Mr. Monaco stated this was never really given a full public hearing before the Planning Commission with the petitioner present. Due to the fact that in compliance with the City's desire to put a median on Farmington Road and using it as an entrance to the civic center, it necessitated taking an acre of land. Con- sequently, this made it almost impossible to develop it as a usable piece of property. Originally it was to be changed to half resichntial and half P.S. but due to the fact that the road narrowed the property, it was impossible to lay out residential lots that would be usable and in good taste. Because of that impossibility, another proposal was designed by an architect utilizing the property again as total P.S. and instead of one building, two buildings, approximately 60,000 square feet of usable space. The main problem is the objection of the residential owners in the area to commercial buildings facing them. That problem has been almost overcome by landscaping and it should result in this (Mr. Monaco showed an architect's rendering of his proposal). He stated that if the City wants to solve this problem, this is a solution, and that he has allocated $20,000 for landscaping if he can get the zoning. Mr. Andrew said that he is almost positive that at the last study meeting an alternate plan was talked about and what happened to it. "'%eMr. Menzies shows the plan prepared by the Planning Department. ter' Discussion followed concerning the responsibility of the Planning Commission to hold a public hearing on this item. Mr. Colomina stated that under Council's direction the Planning Commission was able to offer an alternate suggestion if the Commission did not see fit to go along with the P.S. zoning. 1 t 8925 1[10 Mr. Monaco questioned what the objection is to this design and why does the Commission want to come up with an altetnate. Mr. Colomina said at the Council's direction the Commission is to give them an alternate if they do not see fit to approve this P.S. and personally he does riot like to see a professional building face residential. Mr. Monaco stated this is an unusual situations that is shy► he has to take abnormal means to solve it. He said he has gone to great expense to overcome this uniqueness and he feels he will never ge an alternate that is of high calibre. Mr. Colomina stated that is a matter of Opinion and he hi ieves the Commission has a well qualified staff. Mr. Hand said Mr. Monaco's lay out shows 60,000 square feet with two buildings each of about 30,000 square feet and that Mr. Monaco has indicated a willingness to spend a considerable amount of money to provide a greenbelt, then questioned if Mr. Monaco if there is a period of time involved when he anticipated that this would be a reality. Mr. Monaco stated the construction program would be predicated on one building and then another; it would be a relatively longer time than immediately. Mr. Monaco said when it became apparent that they would have to end up with 100 square feet lots it became apparent that they would be unsuccessful and they 4ii; have come up with this. The Council passe a resolion to give the Planning Commission complete control of design and landscaping of this area; actually asking the Planning Commission technicians what they want and this is what the situation amounts to and it is an invasion of private property. He stated he is willing to go along with what the City wants, but the problem is find out what the City wants. Mr. Tunis stated he can appreciate Mr. Monaco's personal opinion but he does not believe that at this point we are involved with the qualifications of our people or his people and questioned if this is his alternative proposal. He said he would like to clarify what Mr. Monaco is presenting tonight and only that, and asked what the alternative proposal is. Mr. Monaco indicated a plan and stated this is one of the buildings of a two building design. Mr. Tunis questioned if the second building is a duplicate of that building. Mr. Monaco stated as to its size it would be in conformity to this but it would be smaller; the general design would be this. Mr. Colomina stated Mr. Monaco is providing a forty foot greenbelt for $40,000 and questioned who would maintain it. Mr. Monaco said the property owners would maintain it. The property would be dedicated to the City and if the City would want maintenance rights to the ' property they could certainly have it. arra 8926 44:11, ILW Hr. Colomina stated that in the past the City has had problems with landscaping maintenance and questioned what specific guarantee would Mr. Monaco give as to the maintenance of this landscaped property to avoid the property being over- grown with weeds and the petitioner's responsibility ending which has happened in the past. Mr. Tunis said areas could be pointed out where there was excellent landscaping and most of it is now dead for lack of watering and maintenance. :1r. Monaco stated it is their intention to retain owership of this property construct buildings on it and, of course, maintain it. Mr. Andrew suggested an amendment be made to the Ordinance making it necessary that it be maintained. Mr. Leo Wisely, 33060 Lyndon, questioned why something wasn't done about that property before now; it looks like a mess. Mr. Monaco stated the reason is because it is a rather costly thing. In the past that property has been properly groomed at great personal, physical expense. lir. John Kismer, 33042 Lyndon, stated he has lived here for ten years and the only time that property has been maintained is when Kimberly Oaks Civic Assoc- intion took their own equipment and cut it and Mr. Monaco criticized them for 411 doing it. ir. Monaco stated no, he only wanted to know who was invading his land. Mr. Andrew asked if Mr. Monaco felt the rezoning of this property to P.S. would alleviate the situation he is talking about. Mr. Monaco stated, absolutely not. Mr. Andrew asked if Hr. Monaco has talked to Kimberly Oaks Civic Association about this plan. Mr. Monaco stated no, not specifically this plan. He said he had tried to get it to them and called for appointments but was not successful. Mr. Richard A. Petik, 33163 Lyndon, owner of Lot #46 located on the corner of Westmore and Lyndon, stated this property is a mess and he does not agree with this plan. He agrees something should be done with this property but he objects to this plan because he does not want to face what Mr. Monaco proposes and believes this should be a residential use. Mr. Andrea questioned if Mr. Petik would be objectionable to a plan calling for residential lot development starting where Barkley and Westmore intersect and coming south to Lyndon but yet the corner of Lyndon and Earmington not be a residential lot. 8927 Mr. Petik stated he realizes it would be difficult to develop that lot and what Mr. Andrew suggests is a possible solution but still difficult. He stated P.S. development should be in the northwest corner of the property and the balance should be residential and that the Planning Commission has a plan showing this in detail. Mr. Hand questioned if Mr. Petik would buy a housethere if it were developed residential as he indicated would be a solution. Mr. Petik questioned what is the difference in 100 feet. Mr. Hand questioned if the P.S. development could be screened. Mr. Monaco stated yes, but for people facing P.S. development, this would not be desirable. There was no one else present wishing to be heard regarding this item. Mr. Colomina stated the item would be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-7-1-29 by the City Planning Commission on its own motion to rezone property located on the northeast corner of Five Mile and Farmington Road in the Southwest 1/4 of Section 15, from C-2, C-1, P.L. and R-1 to C-4 and P.O. Mr. Ralph Bakewell and Mr. H. G. Shane of the Planning Department explaining that the Department was directed four years ago to come upwith a plan for center of Livonia. Three schemes were prepared and Scheme A was most generally agreed upon by officials of the City and is being used as a guideline. He said an ordinance has been adopted giving the Planning Commission some control over development in the Civic Center area and power to review site plans. Mr. Colomina stated there is a letter of objection in the file and a letter from the Industrial Development Coordinator endorsing the concept of the Vaster Plan and agreeing to this rezoning request. Mr. Watts, owner of lot 26, stated he is concerned about the traffic this will create in the area. Mr. Colomina stated the Traffic Commission and Police Department will become involved in this before the area would be developed to the point of creating this type of problem, such as was done with the Livonia Mall development. He stated this,is the first step in the plan and the City's portion will be developed by the City and the portion not owned by the City will be developed by outside concerns. He said it is not possible to determine at this time how long it will take for development to take place. Mr. Bakewell explained the zoning categories involved in this petition and indicated their location and said that going on the basis of maximum, you could put in a building 100' wide x 200' long which could be ten stories high assuming that one developer controls all of the seven acres. If the area is divided into two pieces, small building would have to go in. The question was raised as to who would pay for the improvements. 8928 Mr. Colomina stated he firmly believes that a developer coming in would be responsible for improvements. Mr. John Nagy, Industrial Development Coordinator, gated that only a portion of the land outlined in black on the plan are under petition tonight and that questions have been asked regarding the City's purchasing the residential property covered in this plan. Mr. Colomina stated that the City is not proposing to buy: the property; that it would have to be purchased by private developers; this is not a condemnation. The question was raised regarding taxes on residential property if the zoning is changed. Mr. Colomina stated that even though the zoning is changed the homes existing would pay the same taxes as it pays now. Mrs. Mabel Hall, a resident questioned if the developers have any immediate plans for this area. Mr. Colomina stated there are not developers as yet. This plan is the City's proposal for development and this plan is a vehicle for rezoning and makes it possible for a development to come in and develop it according to the City's plan. Mr. Andrew stated that in order to implement the Civic Center Plan this rezoning is necessary and because this property lies within the Civic Center and accord- ing to Ordinance a developer would have to come before the Planning Commission for approval of site plans, architectural plans and elevation plans. Mr. Joseph Vanzo, 12066 Boston Post Road, asked if this then would mean condemnation. Mr. Pinto stated that the City can condemn property nog tomorrow and five years from now; the zoning makes no difference in this regard. Mr. Carl Tornburg, 15390 Woodring, questioned if he understands that the property values in this area will go up. Mr. Colomina stated, probably. Mr. Tornburg stated he lives on the opposite side of the street and he believes his property value would go down. Mr. Andrew stated he doesn't believe the residential property would go down because of commercial development across the street. Mr. Tunis stated that there is no more logical location for Civic Center develop- ment than the dead-center of the City. He asked if people would prefer individual developers to go in and piece-meal this area 4Ere the City has no control over what goes in or would they prefer that tie Commission and the City designate a specific zoning for that area and a developer coming in must come in with a proposal for approval which in essence protects the people. 8929 Mr. Colomina stated that much work has been done in this total plan. Wonderland and Livonia Mall developed in a hodge-podge manner because the City had no controls over those developments, and the City doesn't want this kind of development in the Civic Center area; with this plan the City is attempting to protect the area. There was no one else present wishing to be heard regarding this item. Mr. Colomina stated this item will be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-6-2-15 by Cheyenne Building Company requesting to be granted a waiver of use permit to use a portion of a proposed building to be located within the Merri-Five Shopping Plaza at Five Mile Road and i•Zerriman Road in the Southwest 1/4 of Section 14, for a Coney Island Restaurant. The petitioner was not present and Mr. Colomina stated this item will be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-6-2-16 by Tom Seros requesting to be granted a waiver of use permit to construct a restaurant on property located on the south side of Plymouth Road between Deering and Harrison in the Northeast 1/4 of Section 36. Mr. Colomina stated there is a letter in the file from Engineering regarding need for right-of-way dedication and a storm drainage problem. Mr. Frank Stella, representing lIr. Seros who is in the hospital, was present and stated this property was purchased in 1964 for construction of a restaurant. The City of Livonia awarded him a liquor license at one time but it did not go through the Commission. Mr. Seros came to this Board regarding a franchise type business (Ranch House). Since then Mr. Seros decided he would like to build this restaurant himself and own and operate t. He presently has a Seros Restaurant at Northland with his brother. Mr. Talbot questioned if this would be a type of restaurant such as the Palace or Nugget. Mr. Stella said yes, but even broader than that; Mr. Seros has an excellent Chef and this will be a little more elaborate than the other restaurants mentioned. Mr. Colomina asked if Mr. Stella is aware that there are several Ordinance violations on the plan. Mr. Stella stated he believes the petitioner is aware of that. Mr. Pinto stated the plan indicates a 39 ' setback and questioned if that is in accordance with the Ordinance. Mr. Menzies stated there is a minimum requirement of 60 feet. 8930 3 Mr. Pinto stated this property is 240' in depth and the plan proposes to create the same situation as others on Plymouth Road; the buildings are built as close as possible to Plymouth Road and the rear of the properties become reservoirs for litter, and provides 80' of barren area in the back of the property. Mr. Stella stated that Mr. Seros plans on developing that; he doesn't want to set back any further than any other similar busine$ here at the present time. Mr. Stella stated there was another plan at another time and this survey was probably taken from that. Mr. Colomina said this is the third time this petition has been before the Commission. Mr. Stella said yes, before he went to Northland; now Mr. Seros wants to come back to Livonia. Mr. Andrew questioned if Mr. Seros still has the license. Mr. Stella stated no. Mr. Andrew asked if he intends to apply for one. Mr. Stella stated no. 4 Mr. Andrew questioned what type of operation Mr. Seros has in Northland. Mr. Stella stated it more orless plate lunches and dinner with home made baked goods. He plans to operate from breakfast through dinner. Mr. Pinto asked how much other vacant property is there on Plymouth Road between Deering and Harrison. Mr. Menzies stated he believes this is the last piece of vacant property between Inkster and Harrison. There was no one else present wishing to be heard regarding this item. Mr. Colomina stated the item will be taken under advisement. Mr. Tunis stated the next item on the agenda is Petition 70-7-2-17 by Marathon Oil Company requesting to be granted a waiver of use permit to construct a gas station on the northwest corner of Five Mile and Merriman Road, in the Southeast 1/4 of Section 15. Mr. Colonna stated there is a letter in the file from Engineering indicating .:there are no problems regarding this petition, hut that he would like to see a right turn lane. Mr. Rumohr, 31301 Five Mile Road, stated it has been the policy of the City to have only two stations on a corner but on this corner there are two and this will make the third. 8931 Mr. Colomina explained that this came about by the removal of the station at Five Mile and Farmington Road and this is to facilitate the removal of that station. He stated the Commission is taking away a station and they are pro- viding one. There was no one else present wishing to be heard regarding this item. lir. Colomina stated the item will be taken under advisement. FIr. Tunis announced the next item on the agenda is Petition 70-7-7-13 by the City Planning Commission, pursuant to Council Resolution #373-70, to amend Part V of the Master Plan, the Master School and Park Plan, to provide for the incorporation of property located on the east side of Farmington Road, south of Plymouth Road, in the Northwest 1/4 of Section 34. There was no one present wishing to be heard regarding this item. Mr. Colomina stated this item will be taken under advisement. On a motion duly made by Mr. Tunis, seconded by Mr. Hand, and unanimously adopted, it was #8-83-70 RESOLVED that, the City Planning Commission of the City of Livonia does hereby adjourn the Public Hearing held on August 25, 1970 at 11:40 p.m. * * * * * * * * * * * * * * * * * * * Mr. Colomina, Vice-Chairman, called the 220th Regular Meeting to order at approximately 11:50 p.m. with approximately the same number of people present as were present for the public hearing. Mr. Tunis announced the first item on the agenda is Petition 70-6-1-26. On a motion duly made by Mr. Hand and seconded by Mr. Talbot, it was #8-84-70 RESOLVED that, pursuant to a Public Hearing having been held on August 25, 1970 on Petition 70-6-1-26 as submitted by Sun Oil Company requesting to rezone property located on the south- west corner of Inkster and Five Mile Road in the Northeast 1/4 of Section 24, from C-1 and R-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 70-6-1-26 be approved for the follcn4ng reasons: (1) This is a logical extension of the existing zoning within the area. (2) This expansion of existing zoning w11 more adequately li; accommodate the existing commercial establishment on the corner and facilitate its remodeling. 8932 1[1; (3) There is no particular advantage to the City in forcing the existing use on the corner to remain non-conforming. It cannot be completely removed and rebuilt unless its status changes from a non-conforming use to a conforming use. (4) The overall development program indicates that the pro- posed zoning intended will facilitate the improvement of the adjacent residential and commercial development. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of August 5, 1970 and notice of such hearing was sent to the Detroit Edison 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: Pinto, Andrew, Falk, Hand, Talbot, Tunis NAYS: Colomina ABSENT: Tent, Moser Mr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-6-3-5. On a motion duly made by A1r. Hand and seconded by Mr. Talbot, it was #8-85-70 RESOLVED that, pursuant to a Public Hearing having been held on August 25, 1970 as submitted by Sun Oil Company requesting to vacate the east/west alley running south of and parallel to Five Mile Road between Arcola and Inkster Road in the North- east 1/4 of Section 24, the City Planning Commission does hereby recommend to the City Council that Petition 70-6-3-5 be approved as amended to cover the vacating of the east/west alley adjacent to Lots #1 through #7 only of B. E. Taylor's Como Lake Subdivision, for the following reasons: (1) It presently serves no practical purpose. (2) The alley west of Arcola has already been vacated. (3) The alley intersecting to the south of the alley to be vacated has already been vacated. with the following condition: (1) That an easement for public utility purposes be retained on the portion of the alley south of Lot #6 and #7. 8933 lie FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of August 5, 1970 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Conamers 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: Pinto, Andrew, Falk, Hand, Talbot, Tunis NAYS: Colomina ABSENT: Tent, Moser Mr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-6-1-27 by Joseph and Mary Ann Maiorana requesting to rezone property located on the northeast corner of Shadyside and Seven Mile Road in the Southwest 1/4 of Section 3, from R-3-A to C-1. Mr. Colomina, Vice-Chairman, stated this item will be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-6-3-6 by Roy M. Stewart requesting to vacate the north two feet of a six-foot easement located on the east side of Golfview Drive, north of Five Mile Road, in the Southeast 1/4 of Section 17. Mr. Colomina, Vice-Chairman, stated this item will be re-advertised for the public hearing to be held on September 22, 1970 and will be heard at that time. Mr. Tunis announced the next item on the agenda is Petition 70-7-1-28 by the City Planning Commission on its own motion to rezone property located on the northeast corner of Lyndon and Farming- ton Road in the Northwest 1/4 of Section 22, from RUF to P.S. On a motion duly made by Mr. Hand and seconded by Mr. Talbot. #8-86-70 RESOLVED that, pursuant to a public hearing having been held on August 25, 1970 on Petition 70-7-1-28 as submitted by the City Planning Commission on its own motion to rezone property located on the northeast corner of Lyndon and Farmington Road in the Northwest 1/4 of Section 22, from RUF to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 70-7-1-28 be approved for the following reasons: (1) This land use is a logical extension of the Center City development and if properly controlled will not ILle adversely effect the character of the adjacent residential neighborhood. (2) The site is large enough to lend itself to a creative development plan that could have sufficient safeguards built in to protect the adjacent residential neighborhood. 8934 FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of August 5, 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. Pinto, Andrew, Hand, Talbot NAYS: Colomina, Tunis ABSTAIN: Falk ABSENT: Moser, Tent Mr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-7-1-29 by the City Planning Commission on its own motion to rezone property located on the northeast corner of Five Mile and Farmington Road in the Southwest 1/4 of Section 15, from C-2, C-1, P.L. and R-1 to C-4 and P.O. On a motion duly made by Mr. Andrew, seconded by Mr. Pinto, and unanimously adopted, it was #8-87-70 RESOLVED that, pursuant to a Public Hearing having been held on August 25, 1970 on Petition 70-7-1-29 as submitted by the City Planning Commission on its own motion to rezone property located on the northeast corner of Five Mile and Farmington Road in the Southwest 1/4 of Section 15, from C-2, C-1, P.L. and R-1 to C-4 and P.O. , the CityPlanning Commission does hereby recommend to the City Council that Petition 70-7-1-29 be approved for the following reasons: (1) This is a necessary step in the implementation of the Planning Commission's Master Plan for this sector of the City. (2) An omnibus action of this type is a better solution for development than the piece-meal rezoning of land that is unrelated to an overall plan. (3) The rezoning of this land is commensurate in every respect with the potential of the area. (4) The combination of C-4 and P.O. zoning allows for a relatively high intensity of use but does not permit the use of structures that would be excessively large and out of scale and out of harmony with this area. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of August 5, 1970 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power 8935 .FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of August 5, 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. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-6-2-15. On a motion duly made by Mr. Talbot and seconded by Mr. Hand it was RESOLVED that, pursuant to a public hearing having been held on August 25, 1970 on Petition 70-6-2-15 as submitted by Cheyenne Building Company requesting to be granted a waiver of use permit to use a portion of a proposed building to be located within the Merri-Five Shopping Plaza at Five Mile'Read and Merriman Road in the Southwest 1/4 of Section 14, for a Coney Island Restaurant, the City Planning Commission does hereby recommend to the City Council that Petition 70-6-2-15 be denied. On a motion duly made by Mr. Andrew and seconded by Mr. Pinto, it was #8-88-70 RESOLVED that, pursuant to a Public Hearing having been held on August 25, 1970 on Petition 70-6-2-15 as submitted by Cheyenne Building Company requesting to be granted a waiver use permit to use a portion of a proposed building to be located within the Merri-Five Shopping Plaza at Five Mile Road and Merriman Road in the Southwest 1/4 of Section 14, for a Coney Island Restaurant, the City Planning Commission does hereby determine to table this item until the next regularly scheduled study meeting. A roll call vote on the foregoing resolution resulted in the following : AYES: Hand, Talbot, Falk, Andrew, Pinto NAYS: Colomina, Tunis ABSENT: Tent, Moser Mr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-6-2-16 by Tom Seros requesting to be granted a waiver of use permit to construct a restaurant on property located on the south side of Plymouth Road between Deering and Harrison in the northeast 1/4 of Section 36. Irt4, On a motion duly made by Hr. Andrew, and seconded by Llr. Tunis, it was 8936 110 RESOLVED that, pursuant to a public hearing having been held on Petition 70-6-2-16 as submitted by Tom Seros requesting to be granted a waiver of use permit to construct a restaurant on property located on the south side of Plymouth'Rbad between Deering and Harrison in the Northeast 1/4 of Section 36, the City Planning Commission does hereby recommend to the City Council that Petition 70-6-2-16 be denied. A roll call vote on the foregoing resolution resulted in the following: AYES: Andrew, Colomina, Tunis NAYS: Pinto, Hand, Talbot, Falk ABSENT: Tent, iloser Mr. Colomina, Vice-Chairman, declared the motion not carried and the resolution fails for lack of support. Mr. Colomina, Vice-Chairman, declared the item will be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-7-2-17. On a motion duly made by lir. Andrew, seconded by Mr. Hand, and unanimously adopted, it was 4#8-89-70 RESOLVED that, pursuant to a Public Hearing having been held on August 25, 1970 on Petition 70-7-2-17 as submitted by Marathon Oil Company requesting to be granted a ever of use permit to construct a gas station on the northwest corner of Five Mile and Merriman Road, in the Southeast 1/4 of Section 15, the City Plan- ning Commission does hereby recommend to the City Council that Petition 70-7-2-17 be approved with the following conditions: (1) That Site Plan #512A as submitted to the Planning Commission be adhered to. (2) That Landscape Plan #512C as submitted to the Planning Commission be adhered to and that all plant material will be installed within 1-1/2 years after the build- ing permit is applied for. (3) That the architectural style of the building will conform to the plan submitted to the Plannkg Commission (Plan #512B). (4) That the Marathon station at Five Mile and Farmington Road will be vacated within thirty (30) days after a Certificate of Occupancy has been issued. for the following reasons: (1) This is a part of an interrelated commercial complex that will be an asset to this sector of our City and will not 1: adversely effect adjacent residential or commercial development. 8937 (2) The development proposal for the service Elation indicates that it will be of relatively high calibre and quality with provision for landscaping and other site amenities. (3) The proposed use shall be of such location, size and character as to be in harmony with the appropriate and orderly development of the zoning district in which it is situated and shall not be detrimental to the orderly development of the adjacent zoning district. (4) The general standards imposed by the Zoning Ordinance relative to the zoning district requirements for service stations and waiver uses have been met. FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Pinto requested to know the status of the station at Five Mile and Farmington. Sam Thomas stated they have agreed to close it thirty days after opening the station at Five Mile and Merriman, which he believed wuld be in about six or seven months. Mr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-7-7-13. On a motion duly made by Mr. Andrew, seconded by Mr. Pinto, and unanimously adopted, it was #8-90-70 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 August 25, 1970 for the purpose of amending Part V of the Master Plan of the City of Livonia, entitled "The Master School and Park Plan", the same is hereby amended so as to include a parcel of property located on the east side of Farmington Road, south of Plymouth Road, in the Northwest 1/4 of Section 34, legally described as follows: That ,part of .the N. W. 1/4 of Section 34, T. 1 S., R. 9 E.,.! City of Livonia, Wayne County,Michigan, described as beginning at a point distant S. 0° 54' 16" W. along the fist section line, 786.02 ft. and S. 88° 39 ' 44" E. , 183.93 feet from the N. W. corner of Section 34; and proceeding thence S. 88° 39' 44" E, 680.00 feet to the W. line of Woodring Avenue (60 feet wide); thence S. 1° 18' 46" W. along the W. line of Woodring Avenue, 544.02 feet; thence N. 88° 39' 44" W. along the N. line of Rosedale Gardens No. 11 (Liber 74 Pg. 67) 800.08 feet; thence N. 0° 54' 16" E. along the E. line of Farmington Road 434.02 feet; thence S. 88° 39' 44" E, 123.15 feet; thence N. 1° 18' 46" E, 110.00 feet to the point of beginning. Containing 9.70 acres as determined from Wayne County Records. 8938 That part of the N. W. 1/4 of Section 34, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the N. W. corner of Lot #1806, Rosedale Gardens No. 9 (Liber 73, Page 41) proceeding thence S. 88° 39 ' 44' E, 508.00 feet to the West line of Loveland Avenue (60 feet wide) ; thence S. 1° 18' 46" W. along the West line of Loveland Avenue, 880.00 feet to the S. E. corner of Lot #1662 of said plat; thence N. 88° 39' 44" W, 112.00 feet; thence N. 1° 18' 46" E. , 15.00 feet; thence N. 88° 39' 44" W, 396.00 feet to the East line of Woodring Avenue (60 feet wide); thence N. 1° 13' 46" E. along the East line of Woodring Avenue, 865.00 feet to the point of beginning. Containing 10.13 acres as determined from Wayne County Records. for the following reasons: (1) This park lies within one of the most densely populated areas of the City and it is necessary to provide this type of facility for the people of the area who presently do not have adequate ppen space to meet their needs and to stabilize the neighborhood. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of tha Raster School and Park Plan of the City of Livonia, which ie incorporated herein by reference, the same having been aciop,__d by resolution of the City Planning Commission with all amendments thereto, and further that this amendment shall be filed w_th the City Council, CityClerk, and the City Planning Commission; and a certified copy shall also be forwarded to the reg::ster of Deeds for the County of Wayne for recording. Mr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is petition 70-6-2-12. On a motion duly made by Mr. Talbot, seconded by Mr. Andrew, and unanimously adopted, it was #8-91-70 RESOLVED that, pursuant to a Public Hearing having been held on July 21,1970 on Petition 70-6-2-12 as submitted 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/; of Section 20, the City Planning Commission does hereby recommend to the City Council that Petition 70-6-2-12 be approved with the following conditions: (1) That the Landscape Plan (#5756) submitted to the Planning Commission be imelemented within 1-1/2 wars after the approval of this petition. (2) That the necessary right-of-way be dedicated to the City of Livonia. 8939 (3) This waiver use is being granted to make the proposed station legally conform to our Zoning Ordinance so it may be remodeled and improved, thus making it more compatible with the adjacent area. (4) The development proposal for the service station indicates that it will be of relatively high calibre and quality with provision for landscaping and other site amenities. FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Depart- ments as listed in the Proof of Service. Mr. Colomina stated the signatures required have been obtained but the right- of-way description on the submitted deed is not properly written according to the Engineering Department of the City of Livonia. Ir. Baron of the American Oil Company stated that the City wants the right- of-way take from the center line and he believes a new deed is being prepared. He said there is no problem with his company and they will give the City a new deed stating that they will deny any claim to the 66' rather 27' . A roll call vote resulted in a unanimously aye vote. Mr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-2-1-5. A motion was made by Hr. Falk to deny Petition 70-2-1-5. There was no second to Mr. Falk's motion. Mr. Colomina, Vice-Chairman, stated the motion dies for lack of support. On a motion duly made by Mr. Hand and seconded by Mr. Talbot, it was #8-92-70 RESOLVED that, pursuant to a Public Hearing having been held on March 17, 1970 on Petition 70-2-1-5 as submitted by Theodore Dunner requesting to rezone property located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4, from RUF to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 70-2-1-5 be approved for the following reasons: (1) It is a logical extension of the existing zoning pattern of the area. (2) It would not be logical to continue residential zoning in this area when it is surrounded by non-residential and multi-family zoning. (3) This rezoning petition will not adversely effect the development of the surrounding area. 8940 FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of February 25, 1970 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Jlichigan 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: Talbot, Pinto, Andrew, Hand, Colomina, Tunis NAYS: Falk ABSENT: Tent, Moser Mr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Andrew and seconded by Mr. Tunis, it was #8-93-70 RESOLVED that, the minutes of the meetings held by the City Planning Commission on July 7, 1970, July 21, 1970 and July 28, 1970 are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Andrew, Hand, Colomina, Talbot, Tunis NAYS: None ABSENT: Tent, Moser ABSTAIN: Falk, Pinto Mr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. On a unanimous introduction and by unanimous acclamation, the following resolutions were duly adopted: #8-94-70 WHEREAS, Charles W. Walker has an outstandig record of service on the City Planning Commission, both as a member and as Chairman, thus helping guide Livonia's growth and development in an orderly manner making our City a better place in which to live, work and play; and WHEREAS, in the course of such service he has exerted leadership and direction to help formulate an effective Planning Program; and WHEREAS, he has withstood public pressure to make unbiased judge- ments for the betterment of the entire City; and WHEREAS, his dedication and spirit of fairness will be an example for all public officials and public servants. NOW, THEREFORE, BE IT RESOLVED that the City of Livonia Planning Commission and Planning Director take this means to express their sincere appreciation and heartfelt thanks to Charles W. Walker for Fourteen Years of outstanding service to the Planning Commission and to the City of Livonia. 8941 #8-95-70 WHEREAS, Harry H. Wrightman has served on the City Planning Commission for Five-and-one-half years, both as an Officer and member and has unselfishly given of his time and talents to help Livonia formulate development policies and guide its growth and development in an orderly manner; and WHEREAS, in the course of such service he has exerted leader- ship and set an example by his extreme dedication to the formulation of a sound Planning Program; and WHEREAS, he has withstood public pressure to make unbiased judgments for the betterment of the entire City; and WHEREAS, his willingness to participate and give freely of his time for all worthwhile causes relating to the improvement of our City is an example for all public officials and public servants, NOW, THEREFORE, BE IT RESOLVED that the City of Livonia Planning Commission and Planning Director take this means to express their sincere appreciation and heartfelt thanks to Harry H. Wrightman for a job well done. #8-96-70 WHEREAS, Joel LaBo has diligently served on the City Planning Commis; ion for One-and-one-half years and has unselfishly given of :his time and talents to help make Livonia a better City in which to live, work and play; and WHEREAS, in the course of such service he has offered con- structive suggestions and ideas to implement the effective- ness of the Planning Commission; and WHEREAS, he has withstood public pressure to make unbiased judgments for the betterment of the entire City; and WHEREAS, his dedication and spirit of fairness will be an example for all public officials and public servants, NOW, THEREFORE, BE IT RESOLVED that the City of Livonia Planning Commission and Planning Director take this means to express their sincere appreciation and hearfelt thanks to Joel LaBo for a job well done. On a motion duly made by Mr. Andrew, seconded by Mr. Tunis, and unanimously adopted, the City Planning Commission adjourned their 220th Regular Meeting at approximately 12:25 a.m. CITY PLANNING COMMISSION 11-cte.t.)C2A4-4 H. Dow Tunis, Secretary ATTES Robert Colomina, Vice-Chairman