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HomeMy WebLinkAboutPLANNING MINUTES 1970-10-20 8958 MINUTES OF THE 222nd REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY Cif PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 20, 1970, the City Planning Commissbn of the City of Livonia held its 222nd Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Raymond W. Tent, Chairman, called the Public Hearing to order at approximately 8:15 p.m. with approximately 75 interested persons in the audience. Members present: Raymond W. Tent Robert Colomina Francis M. Hand Joseph R. Talbot Marvin Moser Daniel R. Andrew Joseph J. Falk Charles Pinto Members absent: H. Dow Tunis Messrs. Don Hull, Planning Director; Ralph Bakewell, Planner III; and Gary Sackett, Assistant City Attorney, were also present. Mr. Hand, Acting Secretary, announced the first item cathe agenda is Petition 70-8-1-30 by Hyman Gold, President of Gold Construction Company, requesting to rezone property located east of Newburgh and north of Six Mile Road in the Southwest 1/4 of Section 8, from P.S. to C-2 and C-2 to P.S. Mr. Tent, Chairman, stated that for record purposes this petition, as presented tonight, was originally presented by the petitioner on December 3, 1968, at which time the petitioner requested that the parcel be rezoned from R-4-B to C-2 and P.S. At that time a hearing was held and the petition granted with provisions for site plan approval. Now the petitioner is petitioning for another zoning change in the same area. According to Engineering letter dated August 7, 1970, there is a storm sewer problem in the area and it is the recommendation of that office that since the 36" storm sewer was primarily designed to accommodate the full storm sewer run off from the commercial area, that the storm sewer be extended approximately 830 feet from the east to an open drainage course; this will prevent flooding of the Six Mile Road ditches. Mr. Tent stated that the Consumers Power Company has indicated no objection to this petition. Mr. Hand questioned if he is to assume that 830 additional feet of sewer has to be installed. Mr. Tent stated this has to do with the development of the property as proposed; they would have to extend it. Mr. Pinto questioned 800 feet from one ditch to another ditch? Mr. Tent stated that the Engineering Department will be questioned on this, but this is a letter from the Engineering Department for the record, also there is a letter in file from Mr. and Mrs. Vincent Canzoneri objecting to this petition > which is actually addressed to the Common Council. Mr. Andrew requested to know if there were any reasons given. Mr. Tent read the letter for the information of the Commission and audience. 8959 IF 01 , Mr. Verne Schrader, representing the petitioner, and Mr. Gold, petitioner, t; were present. Mr. Schrader stated that all that is being asked is the change of the current P.S. zoning to C-2 and the current C-2 zoning to P.S, and in his opinion the whole complex is not being basically changed. He said that since the original petition was filed several years ago a .portion was sold to National Bank of Livonia fsor a branch and this sale effected the remainder of the area to such an extent that the complex planked for the area cannot be put in under the present zoning. He stated that in order to put in the complex they now propose, this change is necessary. Actually, he stated, area-wise the amount of commercial and the amount of professional which is being alternated is relatively the same. Mr. Tent stated that Mr. Schrader is the representative for the petitioner and has indicated that the original complex cannot be constructed now because of the bank and questioned if Mr. Schrader had explored th: land arrangement that he does have and can he say without doubt that the orignal proposal cannot be perpetuated in the area. Mr. Schrader stated it is his contention that it can't. Mr. Pinto questioned the status of the small piece of property behind the parcel sold to the bank. Mr. Schrader stated this also has been added to the bank. Mr. Andrew questioned if that is a recent conveyance. { Mr. Schrader stated within the last year. Mr. Andrew asked if this was by land contract or fee sale. Mr. Hyman Gold, petitioner, stated it was a cash sale. Mr. Tent stated the concern here is the intended use of the parcel of property. As has been indicated, there had been a previous hearing and a petition granted for a particular use for the property; now a change of zoning is being asked He asked Mr. Schrader to please enlighten the Commission and audience as to what is proposed for that corner and how it differers from the first proposal. Mr. Schrader stated he believes the present site plan is on file with the Planning office. Mr. Tent stated there are people in the audience who are interested in this petition so based on that can Mr. Schrader make ajresentation to them as well as the Commission as to the intended use of the land. Then, he stated, questions can be asked by the audience and from the Commission. Mr. Schrader stated there will be a commercial development and covered mall section, screening wall, retaining wall, greenbelt throughout the parking area and he feels it will be an addition to the area and ,wll-developed. The parking area will be somewhat depressed similar to the Police and Water Board parking area. He indicated there will be a 2-1/2 story office building; 43,000 ' professional and 48,000 commercial square feet areas. Mr. Tent asked Mr. Schrader what type of commercial is proposed. 8960 r Mr. Schrader stated they have a lot of items under consideratidn; one of them would be a super market. He said they also have a possibility for a party store, a nice hardware store, and a family type restaurant, drug store and cleaners, but these are not definite at the moment. Mr. Andrew requested enlightenment regarding the storm sewer problem referred to by Mr. Strasser in his letter. Mr. Schrader stated that right at the moment the existing storm sewer terminates at the western end of the tier of lots and they have just had approval from the Wayne County Road Commission to extend the sewn over to the bank in the general area of the Six Mile right-of-way. Mr. Tent questioned if Mr. Schrader could explain the difference between this proposal and the proposed first posed. Mr. Schrader stated that since it is the bank's property, they are limited to what they can do in the area; economics do have a part in this. Mr. Hand questioned if Mr. Schrader has viewed the two renderings made by the Planning Department relating to the use of this property and the uses that might be considered. Mr. Schrader stated they considered them. i; Mr. Hand questioned what his objections were to plans by the Planning Depart- ment. (the original concepts made up) Mr. Don Hull, Planning Director, stated that to his knowledge Mr. Schrader has not evaluated them. Mr. Andrew stated he thinks these plans vital to the public hearing and that he would like the proposals presented to the petitioner. Mr. Tent stated that it was assumed these had been discussed with the petitioner. Mr. Tent stated that it was assumed these had ben discussed with the petitioner He said that even with the bank occupying the portion that it does now, the tee planbtothe the originalDepartment proposal, and th athow still the originalco cept could deveveloped c closel y be put into effect. Mr. Gold stated that from a practical point, this is the best he could Mr. Tent stated the Planning Department prepared studies to determine whether or not there was a feasible development solution based upon the existing zoning in the area. Two studies indicated how the land could be developed as analyzed at a staff level. A study was prepared showing howthe original development proposal by Mr. Gold could still be used on this land. That is one of the 1[0 basic areas of concern to the Planning Commission; that this zoning was based originally on a high type proposal. Mr. Tent said there are two things to consider: one, the change in zoning, and two, the original rezoning was tied to a high calibre development proposal. He stated that Mr. Bawlltofuof thes as Planning Department will explain some of the Planning Department' to how it could be developed with the present zoning and how the original 8961 ireproposal could still be used and developed even though a portion has been sold to the bank. Mr. Bakewell explained the concepts prepared lithe Planning Department. Mr. Hull stated that the basic purpose for making this presentation is for the reason to show there is an adequate development solution for the land as presently zoned and that Mr. Bakewell will explain the original concept and show that that crn still be developed. Mr. Bakewell showed and explained the original proposal made by Mr. Gold. Mr. Gold stated he doesn't know why it is assumed that these are such master- pieces and :shat his plan shows is no good. Mr. Tent stated thatnone of the land has been rezoned ithout Mr. Gold's know- ledge and that the Commission is trying to show him with the sketches that the land can be developed as originally proposed. Mr. Tent questioned Mr. Gold regarding the plans he has seen tonight and since it has been shown that the original complex, or a very similar one, could be built, does this interest him. Mr. Gold stated he will not give us underground parking; now or sixteen years from now. Mr. Tent stated that the underground parking is not the big issue. 410, Mr. Schrader stated the only thing being changed is the office building and this area is primarily parking. (60 Mr. Gold stated that the item had to be approved by the Council whether or not I would have sold it. Mr. Pinto questioned what form of approval was required by the City Council before you negotiated the bank. Mr. Gold stated he didn't know; that he should have brought the letter tonight. The bank parcel is zoned C-2 which permits a bank. Mr. Pinto stated Mr. Gold brought the subject up by implying that the City approved the bank and he wanted to know what form this approval took. Mr. Tent stated that when the ori,_^,ina concept ws presented the Commission went along with what was proposed. Now the Commission only wishes to know what is being proposed. Mr. E. Ireefer, from the Kingsbury Renwick Association stated he would like to say that beyond this association there are two new developments which he is representing tonight; the area bound by Six and Seven Mile and Newburgh and Levan, and the north area is east of Levan and south of Six Mile. The feeling of the Association is that the original site plan was a very good plan and i since that proposal one parcel has been sold off and they haven't been able to understand exactly how the bank got where it got, but the second plan is li; supposed to be changed. He stated the Commission has done a lot of work show- ing how it can be eave'oped with the buildings cloaeto Six Mile and it is the feeling thatthe area should not be degenerated by commercial buildings because it creates nothing but clutter. On behalf of the Association he feels this 8962 petition should be rejected and if the original plan is not used the land should be rezoned back. Mr. Andrew asked for clarification of the area which Mr. Keefer is representing. Mr. Andrew questioned if he understood Mr. Keefer's recommendation to be that the land be rezoned back to residential. Mr. Keefer stated only in the event that the petitioner does not wish to develop the original site plan. He stated his belief that throughout Livonia there is haphazard building on small sites and that big acreage is sold off to small developments which do not require site plan approval. Mr. Andrew asked if Mr. Gold would develop his commercial and professional property along the lines of his original presentation to the Civic Association would this be satisfactory to Mr. Keefer. Mr. Keefer stated he did not know what Mr. Andrew means by "along the lines". He said he has seen some acceptable plans and he couldn't make a judgement at this time if any of the others are the same as the original but if the original plan can be developed, it should be. Mr. Andrew questioned if Scheme 3 would be acceptable to Mr. Keefer. Mr. Tent stated that these schemes are artists concepts as to what can be put there but three years ago we had a model and the plans that a layman could understand and that was the proposal that was sold to these people. He said ° that for this man to look at any of these schemes which are just lines, and be asked to make a judgment is not entirely fair. Mr. Keefer stated that they are asking the Planning Commission what they feel is a proper site plan; he doesn't feel he should dictate it. Mr. Andrew said the petition circulated had to do with site plan approval for all commercial developments in the City of Livonia. Mr. Pinto stated that much of what is being discussed regards "the original site plan". He questioned if after Mr. Gold obtained the zoning request in 1968 - between that time and this time has a site plan ever been submitted and approved for the site or in the meantime between 1968 and to date, is it just 4 the zoning that Mr. Gold got and nothing else until this petition. Mr. Tent stated that all Mr. Gold was granted at that time was the zoning change of the land but it has been the policy of the Commission not to approve commer- cial zoning without a plan. Mr. Gold, along with tha petition, presented his plan as to how it would be developed because he would have to do this at a later date anyway. That plan indicated what he intended to do. The Planning Commission kept faith and granted him the zoning. Now the .request has come up for a lesser use for the land. He stated that Mr. Gold has his zoning change but no .site plan has ever been approved. Mr. Pinto questinned if Mr. Gold has undertaken to submit one in this past two te years. Mr. Hull stated that a change of zoning was talked about, nothing else. 8963 Mr. Keefer stated that perhaps he didn't make himself clear. The original plan showed professional buildings up front in the Six Mile area; the new proposal indicates it would be commercial with professional to the area. This, he said, is objectionable. He stated the bank in the area broke up the original site plan and now they are coshing up with commercial buildings up front with professional in the back which is a complete change from the original plan. Mr. Schrader stated he said originally that the P.S. was in front and the commercial in back; the commercial was in the front and the P.S. on the side; this is the only change. Mr. Andrew stated there are a lot of new residents and what Mr. Keefer stated before bothers him -- he stated that there was a sale of land from an owner to a user; this is not prohibited. The bank presented a building plan to the City for a building permit; there was no site plan approval required at that time and the City had no choice but to issue the building permit. Mr. Keefer questioned if Mr. Andrew believes that this procedure is in keeping with normal or good development of a City. Mr. Andrew replied no, but it was all legal. Mr. John Peterson, representing Golfview Meadows, was present and stated there are 283 hom=s represented. He stated they concurred with the Planning Com- mission prior to last February on the original site plan, but the new plan before them they are against and would like to have the original concept fulfilled. M Mr. Andrew questioned what would be the comments regarding the waiver of the underground parking. Mr. Peterson stated they would like to see that put in. Mr. Andrew asked, if it is shown that it is economically unfeasible. . .. Mr. Peterson stated either put it in proper or don't put it in, and he, personally would like to see a park there but that would not be economically feasible. Mr. Andrew stated that scheme #3 is basically the plan presented and approved by the Commission two years ago. If that plan was taken and the underground parking eliminated, would that satisfy Mr. Peterson. Mr. Peterson stated, yes. Mr. Pinto questioned again if there has been, either submitted and/or approved since 1968, a site plan; the site plan he refers to being the site plan required by Ordinance to be submitted and approved by the CityPlanning Commission and City Council. 8964 Mr. Tent said that to answer Mr. Pintos question, no, no site plan has been submitted since the original proposal. Mr. Pinto stated there was not a site plan then, there was a promise, and if this rezoning is approved, Mr. Gold must come in with a site plan but tonight we are talking about the lines within which he must draw his site plan. Mr. Tent stated that the audience has referred to pictures, etc. , as site plans. He stated that when people come in for a zoning change the Commission attempts to get the best from them, and when developers make promises the Commission makes them abide by them. Mr. Peterson stated that the original plan was approved by the Commission and since then a parcel was sold off and questioned if there is a way now to restrict the petitioner from selling off any more land. Mr. Pinto stated the City can't restrict him from selling land but it can restrict people concerning the limits to which he can use the land. Mr. Peterson stated that when they viewed the first plan they thought it was great but now part is sold off and if nothing can be done why was it being discussed before. Mr. Tent stated there is an ordinance before the Council allowing the Planning Commission site plan control of development in the Six Mile/Newburgh area and with one more reading it will be in effect; then tia Planning Commission will have control of development in that area and if th: required site plan conflicts with the Master Plan of the area the Commission can deny approval of it, and Mr. Peterson did not wast his time in coming down before but the Commission didn't have this ordinance at that time. Mr. Pinto stated that if the City's regulations did not, to a substantial extent, control the development and if they meant nothing, then Mr. Gold would not be here with his petition promoting it as Mr. Peterson is here objecting to it. Mr. Lee Morrow, representing Burton Hollow Civic Association, was present and stated that the concept shown tonight falls short of the original concept as presented which was used to obtain the zoning that now exists in the area. The fact that the proposal by Mr. Gold falls short of that concept causes the Burton Hollow Civic Association to object to this rezoning request. Mr. Sykes, President of the Federation of Civic Associations, stated that the people in the area were under the impression that they had, in good faith, given their approval to Mr. Gold's site plan even if no site plan approval was required at that time, and he stated he believes that is what is the cause of the confusion. A resident, 36602 Grove, stated his belief that the Commission should emphat- ically reject this petition; that this man made a prposal and based on that proposal the Commission and the people accepted it. He said he doesn't believe Mr. Gold ever intended to go through with what he planned and has put himself in this position by selling land for sympathy. 8965 tMr. Tent stated that if the zoning is caanged the petitioner is required to come in for approval of his site plan. He said the Commission went along with this petitioner and in good faith granted him the rezoning based on what he had told them were his intentions. Mr. Tent stated that very soon there will be an ordinance requiring site plan approval regardless of size of the land in the area. Mr. Colomina stated that when a petitioner comes in for a rezoning the law states he does not need a site plan at that time; he needs it after he gets the rezoning but with the new ordinance the City will have site plan control and architectural control as well. Mr. Tom Marsh, Kingsbury-Renwick Subdivision stated that he would hope that the Commission when they vote will take into consideration that although there has been a separation and distinction between an actually approved site plan and the original proposal that the two are still very much connected. He said Mr. Gold wants to change the zoning and therefore will have to change his site plan when it comes to the Commission and a distinction can be made between the two but the results are going to be different also and he is concerned that although there is a new proposal there is no way the original proposal can take place. Mr. Tent stated these things will all be taken into consideration when the Commission votes on it tonight. Mr. John Mee, a resident of Kingsbury-Renwick Subdivision, question what stores were included in the original concept for the property. Mr. Tent asked if Mr. Gold would like to answer that question. Mr. Gold stated he didn't know. Mr. Tent stated the original proposal was understood to include some high-type stores which could only go with the original zoning, but the Commission has nothing against grocery stores or hardware stores. Mr. Hand stated he didn't believe any developer weld walk in here and guarantee what they will put in a development. A resident questioned on what basis the Commission will vote; there are a lot of people here who are the most interested people in the area. Mr. Tent stated the intention of the Commission is to give the area the type of development that will make us proud to live here and looking at this from the standpoint of the Six Nile and Newburgh area being a very important area in the City and all the facts, reasonings, the Master Flan, the convictions of the Commissioners and what the Commission sees as planners. of the City, will be the basis of their vote. A resident, stated the Cor_3ission should have to keep in with the feelings and whishes of the people in the area and should not that be valued more than one person's interest? The interest of people in their homes should be taken into consideration more than that one person. Mr. Tent stated the Commission is interested in the feelings of the people but this is the democratic process. 8966 There was no one else present wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Hand announced the next item on the agenda is Petition 70-9-1-34 by the City Planning Commission to rezone property located east of Newburgh Road and north of Six Mile Road in the Southwest 1/4 of Section 8, from C-2 to P.S. and C-1. Mr. Tent stated this is a petition by recommendation of the Planning Commission that these two parcels be rezoned in accordance with the Master Plan for the Six Mile/Newburgh area. This is forward planning to put the land to the best use. He stated the land under the present zoning is excessive and if it is accepted and the zoning changed, this too would fall into the category of the site plan control as to what the use of the land will be. Mr. Filer, who stated he is an Attorney present tonight on behalf of the property owner. He stated that from what has gone on before wth the proposal on the previous petition which was from P.S. to C-2 and C-2 to P.S. , it occurs to him that if the property is to stay C-2 in the north than it would seem of little sense to have the P.S. parcel sandwiched between C-2 and the bank and flexibility could be maintained without being subject to the Commission's approval. He said he would urge that the motion for the P.S. be reconsidered and denied by the Commission because this would be an awkward position to have a one-hundred foot P.S. classification between two pieces of commercial use. Mr. Hand stated that to change the zoning on the parcel in question really does not penalize the property owners. Mr. Filer stated the owner of this parcel looked into the prospective uses for this property; they have not undertaken any development of this parcel and he is led to believe they are not planning any development for it, but this property was zoned C-2 prior to their acquistion of it. He stated they have not sought any rezoning and in terms of reducing the number of options available this seems to be ill-advised for no apparent reason. Mr. Tent stated that what Mr. Filer says makes senseht the property owners of this piece of land is not in any jeopardy if the Commission goes along with its proposal because regardless a site plan is required. If this parcel is rezoned to P.S. a site plan would be required. What the Commission has done here is take these two parcels that did not go along with the Master Plan and attempt to rezone them so they could be plotted in the manner according to the Master Plan of the area. He stated that if someone comes in with a better plan, the zoning could be changed but it is felt that C-2 zoning here is too great. Mr. Filer stated he would like to pont out that he does not agree this is a valid basis for rezoning, that the property owners will not be prejudiced and in light of the pictorial representation of the uses in the immediate area, there seems to be very little reason for the rezoning of the property. He said what they would have in effect on the Commission's motion is a 150' x 300' P.S. zoning district completely surrounded by commercial zoning districts, and it doesn't seem to be necessary or warranted to carry out the plan. Mr. Tent stated that at the time of this action the Council had not acted on the new ordinance. Mr. Tom Marsh, a resident of Kingsbury-Renwick Subdivision, stated that as a homeowner he would be concerned over the C-2 zoning for the reason of the intensity of use on this corner, and all four corners; there will be just too much for the area regarding traffic. 8967 Mr. Filer stated he has not seen the ordinance before the Council. There was no one else wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Hand announced the next item on the agenda is Petition 70-9-2-19 by Lindhout Associates for Ward Memorial Presbyterian Church, requesting a waiver use permit to expand the existing Church facilities located on the southeast corner of Farmington Road and Six Mile Road in the Northwest 1/4 of Section 15. Mr. Tent stated there is a letter in the file from Engineering indicating they have no objection and questioned Mr. Hull regarding what seems to be a problem about drainage. Mr. Hull stated the site plan, as submitted, shops details regarding drainage and it is believed that Engineering has approved construction of the drainage system. Mr. Tent stated that if not, this could be a problem. Mr. Hull stated the Engineer has worked with the petitioner regarding storm sewer and widening of pavenent along Six Mile Road. ILO Mr. William Lindhout, petitioner, stated he has slides for the Commission's view and that the Engineering Department has given its approval on the storm drainage problem and that considerable pavement hasbeen added to Six Mile to alleviate any traffic problems. Mr. Lindhout presented slides showing the existing Church and the proposed expansion in detail. Mr. Tent stated he would like to compliment Mr. Lindhout on his presentation and slides and his site plan, and questioned how soon would the Church under- take the project, if approved. Mr. Lindhout stated drawings will be available for bids almost immediately and an early spring start on construction; the school additions would be at a later date. Mr. Andrew asked what is the estimated completion date. Mr. Lindhout stated the main sanctuary and units have to be in by October of 1971. Mr. Hull stated he is delighted to see the landscaping that is proposed and obviously it can get started as soon as possible. 110 Mr. Lindhout stated they are cognizant of the Ordinance and they hope to do the best possible job with it. Mr. Tent stated this Commission in the last several years has gone to extents to get people to landscape and asked if Mr. Lindhout sees any problems in effectuating the landscape plans as proposed. 8968 Mr. Lindhout stated no, and asked the Commission to observe the manner by which it is being put in and stated if it is a part of the original thing, there is always a way to put in landscaping. He said the other buildings have put in landscape and they expect to carry through on this. He said they are taking out some pavement from the parking lot in the corner and installing plantings. Mr. Tent stated the plans call for a 280 seat balcony and that this will require fifty additional parking stalls. Mr. Lindhout stated that is correct and the plans show here already more than the ordinance requires and there is additional :paces possible. If the balcony materializes, there will be approximately thirty to forty more. Mr. Moser questioned if many of the trees will be taken out. Mr. Lindhout said they will need to take out a pretty good number of the trees to keep the parking off the corner but there will still be a considerable amount of trees between the parking and the lots to the rear. Mr. Moser questioned if there is only one egress and ingress on Farmington Road. Mr. Lindhout stated they have provided a back-up to accommodate a certain amount of traffic and the confusion of two outlets with cars turning right..and inter- fering with cars turning left has been eliminated. Mr. Richard 3. Vansen, 17375 Mu:Lrland, was present ad stated he is an Attorney and is representing Mrs. Penelope Vansen, owner of poperty at 33063 W. Mc- Nichols. Mr. Vansen read from a prepared letter, making statements to the effect that repeated requests have been made by the ower of the property for a protective barrier inasmuch as papers in abundant gantities are blown from the parking lot onto his lawn. Also, that the parking lot is 1 to 1-1/2 feet higher than the grade of the residential property creating a problem with regard to water from heavy downpours and melting snow. He sted the parking lot, being behind the church and out of vew from Farmington Road, serves as a gathering place for hot-rodders end motorcyclists. He also made complaints on behalf of the property owners regarding entrances on Farmington Road and Six Mile without any obstruction; rubbish behind the Church and auto lights shining directly into the bedroom during evening activities at the Church. Mr. Vansen stated that these complaints were made to the Church and the result was that they planted a .hugh forsythia with a promise of more in the future. He said they are trying to sell th_:.s property and have received unfavorable comments regarding the appearance of the Church and parking lot. They are not objecting to the Church or its expansion but they believe something could and should have been done regarding these : pints and on this basis they request the rejection of this petition. Mr. Tent questioned if Mr. Vansen had had contact with Mr. Lindhout. Mr. Vansen stated he went down to the Planning Department only yesterday and they have had close association with the Church. Mr. Tent stated Mr. Vansen has some valid objection ahut the drainage problem which the Commission was already aware of and which is going to be alleviated. 8969 too Mr. Lindhout stated he has talked with this man's brother many times and have made attempts to correct situations. From the standpoint of a barrier against lights and appearance he stated this problem has been solved because of the insistance of the Planning Commission regarding this type of thing. He stated the rear of the building does leave something to be desired and they hope to eliminate the telephone pole and overhead Wires and the drainage plan mentioned before will take care of any drainage problems. Mr. Lindhout stated they catered to the community as a whole by leaving the corner green and parking in the rear; hot rodders do seem to be a problem but they are trying to something to keep them out of there and will make every attempt to see that Mr. Vansen is satisfied. Mr. Lindhout stated that the ingress to Six Mile Road is in the same location as it now is but it simply has been widened and that parking will be shifted over to the Farmington Road side. A representative from the Church stated that they have been working with Mr. Demek to put no parking signs along Six Mile Road because this is a nuisance and dangerous. Mr. V. Hindelang, 16783 Bloomfield, stated that if the parking is taken off Six Mile Road it will be shifted over to Bloomfield and he is opposed to looking at the back of a Church and would much rather look at the woods. Mr. Andrew questioned why the Traffic Commission couldn't be contacted regarding "no parking" signs on Bloomfield and Six Mile Road. Mr. Pinto questioned if it is necessary to go through the County for no parking signs. Mrs. Hindelang, stated the Police Department told her the neighbors would have to sign a petition and the Court would order the signs. Mr. G. Taub, 16772 Bloomfield Drive, stated that unless something is done about the trees, one of the last wooded pieces of land in this area will be lost, and he believes there was a land agreement with property owners in not objecting to the construction of the Church, nothing would be done to the trees of the Church. Now, he stated, they are planning an addition and removing these trees. In addition, he questioned, what type of greenbelt is going in and what assurance do the people have regarding the sewer. Mr. Tent stated that the developer has to submit to the Planning Commission a Landscape Plan for his entire development within six months and complete the landscaping within 1-1/2 years. He stated the City has Landscape Architects on the staff of the Planning Department and a petitioner's landscape plan has to be approved by the Planning staff and then it has to be adhered to. Mr. Tent stated the Commission feels it has reasonable control on landscaping and that Mr. Lindhout knows the problem. He then questioned Mr. Lindhout as to whether or not there is any way to develop this without removing the woods. tof Mr. Lindhout stated they se solving the drainage problems and this is in conflict with the salvate of some of the trees but they have used discretion and have come up with a solution that they feel is a compromise between what will happen on the corner of Six Mile and Farmington and the woods. He said they will save every tree they possibly can. 8970 Discussion was held by members of the Planning Commission and the audience re- garding landscaping, lights and fencing. Mr. Tent stated that all comments made will be taken into consideration and that this area has been in need of some housekeeping and regardless of what the building is they will have to comply with the maintenance of the area and the Commission will follow through and see that the area is protected, and concern- ing the landscaping, the architects try to put it the type of plant life that is mostly maintenance-free. Mr. Colomina stated the Planning Department has hen directed to prepare an ordinance where the City will have maintenance control of landscaping with provision for specifying who is going to maintain it. There was no one else present wishing to be heard regarding this item. Mr. Tent stated the item will be taken under advisement. Mr. Hand announced the next item on the agenda is Petition 70-9-1-33 by Robert D. Albertson to rezone property located betw?en Angling, Deering and Pembroke Roads in the Southeast 1/4 of Section 1, from RUF to R-1. Mr. Tent stated there is a letter on file from the Engineering Department indicating right-of-way is needed with regard to the development of this property. Mr. Robert Albertson, 27883 Village Lane, Farmington, Michigan, petitioner, was present and stated that his intention is to plot this area into twelve lots, one of which will be an outlot used as a play lot. He stated his reason for the rezoning request is to make development economically feasible. Property surrounding this in most cases are smaller lots. Mr. Andrew questioned is Mr. Albertson's plan includes the full dedication of Angling, Deering and Pembroke since there is only one-half right-of-way now. Mr. Albertson stated he is very sure that it does. Mr. Tent stated the Commission realizes it cannot get this land developed in the RUF 2pning category and R-1 would not be compatible with the surrounding area but to make it compatible with the area and based on the plan the Plan- ning staff prepared, Mr. Albertson could develop in the R-3 category with eight lots. Mr. Albertson questioned if this would not make a minimum size of the house larger and that a large house even in an R-1 zoning tall still be considerably higher priced than the existing homes. Mr. Tent asked if Mr. Albertson has an option to buy the property. d Mr. Albertson stated yes, on contingency. Mr. Pinto stated that actually the house size would im no problem because he could put an 1,150 square-foot home on the n-3 lot. 8971 Mr. Tent questioned the petitioner if he would be amenable to rezone to the R-3 category. Mr. Albertson stated he does not want to lose the two lots and that right across from this property there is R-1 and why is this objectionable. In fact he said there are lots there of less than sixty feet. Mr. Pinto stated that the plat on the east side of Deering is a plat that is about thirty-five years old and that Ir. Albertson bm.ng here tonight under the current Zoning Ordinance is the price that people pay for progress. He said that plat was platted long before there was a Zoning Ordinance and the minimum lot size in Livonia today is sixty feet. Mr. Albertson stated that losing two homes would make this less economically feasible. Mr. Hull stated we are not here tonight to effectuate a preliminary plat, but a zoning change but in this instance the two are almost tied together. The plat submitted has several things that would prevent it being platted in this way: one, two lots are too small; two, there is no dedication on St. Martins, and three, there probably would be a problem with the outlot and homes backing up to homes across the street is a very difficult thing. These are obstacles that stand in his way of getting a plat approved by the City. Mr. Albertson stated he was not aware that he was in conflict with the Ordinance. Mr. Tent stated the development the Commission proposes will make it not con- flict with the Ordinance and will give him eight lots if he will entertain an R-3 development but there is no way he can get a sixty-foot development approved. Mr. Pinto said he believes what is being said is that even if the Commission approved Mr. Albertson's petition which on its face says you could develop this in sixty-foot lots, he would find himself with unsolvable problems in the plat- ting process and going around in circles and never complying with the Ordinance. Mr. Albertson stated the Commission says he does not have adequate depth on a couple lots -- does this mean he would have to have a 120' depth rather than the lot area. Mr. Tent stated the Commission was trying to get 80'which is an average lot throughout the City which is a good size lot. RUF is-adesirable use throughout the City but in being realistic the Commission tried to get an 80' development. A question was raised regarding the widening of Deering. Mr. Pinto questioned if the Plat regulations sa,r that no plat could be approved with a half street, and if this zoning were changed and the plat came in, under our regulations the plat cannot be approved unless an additional half street is dedicated in the plat. Mr. Hull stated there is no street there but the Commis .on would have to evaluate the need for a street at the time a plat came in. Mr. Andrew asked what the reaction of the people would be to the Parks and Recreation Commission's purchasing thi^ property for a park site. 8972 The reaction of the people was favorable. Mr. Pinto questioned if this property had been purchased recently. Mr. Albertson stated he is buying it on contract. Hr. Pinto stated he no doubt has to get the rezoning to be bound by the contract. Mr. Floyd Balman, owner of the property, stated he would like to see this property used in a reasonable fashion dnd make a reasonable profit on the uses that go in there and not be out of line as to what the people would like. Mr. Tent stated Mr. Albertson could develop at the R-3, 80' lots, cutting down the lots to eight rather than twelve. Mr. Balman stated the school has contacted him regarding the heavy growth of trees on the point of this property which children hide behind and he stated he mentions this as a reason why something should be done with this property. Mr. Andrew questioned Mr. hlbertson as to what his aaswer would be to the R-3A zoning. Mr. Albertson indicated agreement if he could get ten lots. I Mr. Andrew stated he would get eight only. There was no one else present wishing to be heard regarding this item. Mr. Tent stated the item will be taken under advisement. On a motion duly made by Mr. Colomina, seconded by Mr. Andrew, and unanimously adopted, it was #10-106-70 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on October 20, 1970, at approximately 11:30 p.m. * * * * * * * * * * * Mr. Tent, Chairman, called the 222nd Regular Meeting to order at approximately 11:40 p.m. with approximately the same number of interested persons in the audience as were present for the public hearing. Mr. Hand announced the first item cn the agenda is Petition 70-8-1-30 by Hyman Gold, President of Gold Construction Company, to rezone property located east of Newburgh and north of Six Mile Road in the Southwest 1/4 of Section 8, from P.S. to C-2 and C-2 to P.S. On a motion duly made by Mr. Moser, seconded by Mr. Colomina, and unanimously adopted, it was 8973 #10-107-70 RESOLVED that, pursuant to a Public Hearing having been held (110: on October 20, 1970 on Petition 70-8-1-30 by Hyman Gold, President of Gold Construction Company, requesting to rezone property located east of Newburgh and north of Six Mile Road in the Southwest 1/4 of Section 8, from P.S. to C-2 and C-2 to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 70-8-1-30 be denied for the following reasons: (1) The present zoning on this corner is completely adequate to effectuate a high calibre, high quality development proposal. There is no need or advantage in changing the zoning. (2) The land as presently zoned will be more compatible with the adjacent residential neighborhood than it would be if it were changed as petitioned for because more of the adjacent lots back on to professional service zoning than commercial. A change in zoning N'ould make most of the adjacent lots tack on to commercial development. (3) This proposed rezoning is in conflict with the philosophy of the Master Plan for this sector of the City. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of September 30, 1970 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telepho Company, Consumers Power Company and City Departmen .s -d in the Proof of Service. _--------- Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is Petition 70-9-1-34 by the City Planning Commission to rezone property located east of Newburgh Road and north of Six Mile Road in the Southwest 1/4 of Section 8, from C-2 to P.S. and C-1. On a motion duly made by Mr. Hand, seconded by Mr. Talbot, and unanimously adopted, it was #10-108-70 RESOLVED that, pursuant to a Public Hearing having been held on October 20, 1970 on Petition 70-9-1-34 by the City Planning Commission requesting to rezone property located east of Newburgh Road and north of Six Mile Road in the Southwest 1/4 of Section 8, from C-2 to P.S. and C-1, the City Planning Commission does hereby recommend to the City Council that Petition 70-9-1-34 be approved for the following reasons: (1) The intensity of use generated by the present zoning in this area is excessive and it is in the best interest of the City and general area to reduce the intensity of use by this rezoning. 8974 (2) The rezoning of this land to a zoning category that allows a lesser intensity of use will make these lands more compatible with adjacent development and have a less adverse effect upon the entire area. It will also generate less traffic. (3) This proposed rezoning is consistent with the philosophy of the Master Plan for this sector of the City. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of September 30, 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. On a motion duly made by Mr. Andrew, seconded by Mr. Pinto, and unaimously adopted, it was #10-109-70 RESOLVED that, the City Planning Commission, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish 1111, and order that a public hearing be held to determine whether or not to rezone property located approximately 260 feet north of Six Mile Road and approximately 360 feet east of Newburgh Road in the Southwest 1/4 of Section 8; a part of parcel J2ala and being legally described as follows: "The East 150 feet of the West 510 feet of the North 100 feet of the South360feet of the S. W. 1/4 of Section 8, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. from C-2 to C-1. FURTHER RESOLVED, that a hearing be held and notice be given as provided in Section 23.05 of Ordinance #543, as amended, the Zoning Ordinance of the City of Livonia and that there shall be a report submitted and recommendation thereon to the City Council. Mr. Moser questioned if it would be wise to rezone to parking. Mr. Pinto stated that if he is not mistaken the piece of property referred to is the piece that the bank owns and purchased in connection with the piece in front. He asked if a bank is allowed in a P zoning, and added that to do anything else but rezone to C-1 would give an owner a piece of property with two different zonings. Mr. Andrew stated he would like to discuss it with the bank before a parking rezoning is initiated. 8975 14, Mr. Tent stated that the petition at the time of the public hearing could be amended from C-1 to P. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is Petition 70-9-2-19 by Lindhout Associates for Ward Memorial Presbyterian Church, requesting a waiver use permit to expand the existing Church facilities located on the southeast corner of Farmington Road and Six Mile Road in the Northwest 1/4 of Section 15. On a motion duly made by Mr. Pinto, seconded by Mr. Andrew, and unanimously adopted, it was #10-110-70 RESOLVED that, pursuant to a public hearing having been held on October 20, 1970 on Petition 70-9-2-19 by Lindhout Associates for Ward Memorial Presbyter)en Church requesting to be granted a waiver use permit to e<.pa.nd ti:e existing Church facilities located on the southeast corner of ^armington Road and Six Mile Road in the Northwest 1/4 cf Sect oi. 15, the City Planning Commission does hereby recommend to the City Council that Petition 70-9-2-19 be approved with the following conditions: (1) That the development be in strict accordance with Site Plan #6808. (2) That the architecture of the structure be as indicated on Architect Plan #6808 dated October 20, 1970. (3) That the property be properly landscaped in accordance with a landscaped plan for the entire site to be prepared by the petitioner and submitted to the Planning Commission for approval no later than six months after the date of approval and that such landscape plan place particular emphasis on a greenbelt and/or screening along the easterly and southerly boundaries of the site; and that such landscape plan, when submitted, be accompanied by a letter from an authorized officer of the Church indicating that such landscaping or screening, when in place, will thereafter be properly main- tained; and that such landscape 'la_i also accommodate as much as possible the retention of trees already on the site. (4) That the landscape plan, upon approval, C.-all be completed and in place no later than October 15, 1971. (5) That the storm drainage system as indicated on Sheet #1 of Plan #6808 be implemented as an integral part of the overall development program contemplated by the petitioner. 41 , to (6) That Six Mile Road be widened by the construction of an additional lane of pavement as shown on Sheet #1 of Plan #6808. 8976 (7) That the exterior :.igl,ting plan shall be submitted for approval by the Panning Commission showing the location of lighting and ctretgth of lighting. 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. Hand announced the next item on the agenda is Petition 70-9-1-33 by Robert Albertson to rezone property located between Angling, Deering and Pembroke Roads in the Southeast 1/4 of Section 1, from RUF to R-1. Mr. Tent informed the Commissioners that Mr. Albertson has stated that if the Commission would refer this item to a study he would entertain an R-3 zoning category. Mr. Tent stated that if the Commission is agreeable the item will be referred to a study meeting. The Commissioners were agreeable and the matter was referred to a study meet- in . eet-ing. On a motion duly made by Mr. Andrea, seconded by Mr. Hand, and unanimously adopted, it was #10-111-70 RESOLVED that, the City Planning Commission does hereby adopt the following aTended P.: 'e of Procedure: Article I - Officers and their Duties Section 1. The Officers of the Planning Commission shall consist of a Chairman, vice-Chairman and a Secretary, all of whom must be members of the Planning Commission. Section 2. The Chairman shat)_ preside at all meetings and hearings of the P ..ening ComrcP.ion and shall have the duties normally conferro.d b; Parliamentary usage on such Officers. The Chairrnaa shall be one of the citizen members of the Commission. He shall have the privilege of discuss,.ng all :attars before the Commission and to vote thereon. Section 3. The Vice-Chairman shall act for the Chairman in his absence. Section 4. The Secretary shall cause the minutes and records of the Commission to be recorded, prepare the agenda for regular and special meetings with the Chairman, provide notice of meetings to Comminsion members, arrange proper and legal notice of hearings, attend to correspondence of the Board and such other duties as are normally carried out by a Secretary. 8977 Article II - Election of Officers Section 1. Nomination and election of Officers shall be made from the floor at the annual organization meeting which shall be the first Regular Meeting held in December of each year. Section 2. A candidate receiving a majority vote of the entire membership of the Planning Commission shall be declared elected and shall serve for one year, or until his successor shall take office, the term to commence on the following January 1. Section 3. Vacancies in offices shall be filled immediately by regular election procedure. Article III - Meetings Section 1. The Planning Commission shall meet at least once a month within a City building to transact or study Planning Commission business. Section 2. Special meetings may be called by the Chairman of the Planning Commission or upon written request of two (2) members, provided twenty-four (24) hours notice has been given to each member before the time set for such meetings, except that the announcement of a Special Meeting at any meeting at which seven (7) members are present shall be sufficient notice of such meeting. Section 3. Five (5) members of the Planning Commission shall constitue a quorum for the conduct of its business. Section 4. Every resolution not otherwise provided for shall require a majority vote of the members present at a legally constituted meeting. Section 5. Parliamentary procedure shall be governed by "Robert's Rules of Order." Article IV - Committees Section 1. Various committees shall be appointed by the Chairman to supplement the technical expertise of the Planning staff in studying special problems and making reports to the full Commission and carrying out functions and duties nor normally expected of staff personnel. Article V - Employees li;d Section 1. The Planning Commission may employ such permanent staff as necessary to administer a comprehensive planning program for the City. 8978 Article VI - Hearings Section 1. Such Public Hearings as are required by law will be heard by the Commission in the order in which they appear on the Agenda except where the Chairman deems a change necessary, and that a Hearing may be postponed or adjourned for hearing by order of the Planning Commission upon good cause shown. Section 2. The applicant may appear in his own behalf or may be represented by an attorney or agent at the hearings by the Planning Commission. If the applicant or his representative fails to appear, the arguments of the opposition may be heard and the Planning Commission may adjourn the hearing, or it may take action on the application or petition. Section 3. The City Planner, unless otherwise directed by the Secretary, may, at his discretion, establish dates for public hearings and may cause notice of such public hearings to be advertised in the official paper of the City of Livonia and without the necessity of formal action by the Commission. Section 4. All applications and petitions requiring action by the Planning Commission shall be stamped so as to indicate upon the petition the date on which such application or petition was received. Applications and petitions shall be given a public hearing by the City Planning Commission in the order in which they are received unless applicant, petitioner or Commission deems additional time is necessary for change or study provided, however, that if the applicant or petitioner can show written reasons indicat- ing that an extreme hardship will be imposed by com- pliance with the above provisions of this section, then the Director may determine to place such application or petition on an Agenda out of the regular order. Section 5. A record of the minutes shall be maintained byshthell record Director as directed by the Secretary which all resolutions relating to each case acted upon together with the reasons supporting any resolution of denial. The minutes shall also specify the vote of each member of the Commission. Section 6. The Commission may where it deems necessary condition its action (or recommend to the City Council that the latter condition its action) . Section 7. The Chairman shall have wide discretion in conducting the hearings. He shall have the power to interrupt arguments at any time in the interest of expediting the orderly disposition of the business at He shall e obli- gated to prevent any party from undulyconsumingthe Planning Commission's time. The Planning Commission shall 3979 take notice of pertinent sections of the Zoning Ordinance or other Ordinances of the City. M. written material filed with the Planning Commission as hereinabove provided will be made a part of the minutes. Section 8. The Chairman, or the Planning Director by direction of the Chairman, may transmit letters stating policy or opinions when the majority of Commissioners agree to such action. Section 9. The Commission shall act by resolution at all Regular and Special Meetings. Section 10. When the Commission acts by resolution, the resolution shall become effective seven (7) days after the adoption of said resolution. Article VII - Conduct of Commissioners Section 1. Until such time as a petition for rezoning or an application for waiver use and/or site plan approval has been advertised in the official newspaper of the City, and notification of public hearing sent to all affected property owners and utility co -ranies, as required by Ordinance and/or State statute, such petition or application shall be considered confi- dential information within the Planning Commission. In addition, it shall be deemed improper for any Planning Commissioners to discuss with the petitioner, applicant, his agent, or any civic association, neighborhood group, or combination thereof, such petition or application until the advertisement has appeared as aforesaid. Section 2. In the event that the Chairman or any member of the Planning Commission is requested to attend any civic or neighborhood association meeting, or a combination thereof, or to meet with a petitioner, applicant, or his agent, or initiates action to meet with any civic association, neighborhood association, or combination thereof, or any petitioner, applicant, or his agent for the purpose of discussing policy, a decision of the Commission, or any pending petition and/or appli- cation es aforesaid, it shall be the obligation of such Commissioner to immediately inform the balance of the Commission of such request in order that they may arrange to attend such meeting if they so desire. Section 3. In the event that any Planning Commissioner shall violate this code of conduct, it shall be his obligation to so inform the Chairman and the other Planning Commissioners and request that his name be stricken from the role call vote at the regular or special meeting when such petition 8980 and/or application is under consideration. Or, the Chairman or any Planning Commissioner may bring notice of such violation to the attention of the Plan- ning Commission at which time the Chairman shall be obligated to request the Planning Commissioner who violated this code of conduct not to participate in the role call vote at the regular or special meeting when such petition and/or application is under consideration. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Colomina, seconded by Mr. Falk, and unanimously adopted, it was #10-112-70 RESOLVED that, the minutes of the meeting held by the City Planning Commission on August 25, 1970 are approved. Mr. Hand announced the next item on the agenda is the approval of the land- scape plan for office building proposed to be located on the west side of Middlebelt between Wentworth and Five Mile Road in Section 14. (Waiver Use Petition 69-5-2-13) On a motion duly made by Mr. Colomina, seconded by Mr. Falk, and unanimously adopted, it was #10-113-70 RESOLVED that, the Landscape Plan dated October 7, 1970, submitted by Livonia Education Association and prepared by Green Ridge Nursery, in connection with Petition 69-5-2-13 requesting a waiver use permit to erect an office building on property located on the west side of Middlebelt between Wentworth and Five Mile Road in Section 14 and approved by the Planning Commission on November 18, 1969, the City Planning Commission does hereby approve subject Landscape Plan. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Andrew, seconded by Mr. Pinto, and unanimously adopted, the City Planning Commission adjourned their 222nd Regular Meeting at approximately 12:00 midnight. CITY PLANNING COMMISSION F ancis M. Hand, Act 'ng Sacre.ary ATTESTED: /111 G2-4-- 4PeNrvt47 ymon W. Tent, Chairman