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HomeMy WebLinkAboutPLANNING MINUTES 1970-11-24 8981 MINUTES OF THE 223rd REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, November 24, 1970, the City Planning Commission of the City of Livonia held its 223rd Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Robert Colomina, Vice-Chairman, called the Public Hearing to order at approximately 8:15 p.m. with approximately fifty interested persons in the audience. Members present: Robert Colomina Joseph Talbot Daniel Andrew H. Dow Tunis Joseph J. Falk Marvin Moser Charles Pinto Members absent: Raymond W. Tent Messrs. Don Hull, Planning Director; Ralph H. Bakewell, Planner III, H. G. Shane, Planner III; Gary Sackett, Assistant City Attorney, and John J. Nagy, Industrial Development Coordinator, were present. Prior to the reading of the first item on the Public Hearing Agenda, Mr. Colomina announced that Don Hull, Planning Director, is leaving the employ of the City and thanked him for the work he has done for the City during the last six-and-one-half years. Acknowledgement was given to the fact that Mr. Hull is one of the Charter appointees to the governing body of the State of Michigan which regulates the certification of Professional Community Planners. Mr. H. Dow Tunis, Secretary, read the following resolution on behalf of the City Planning Commission which resolution is hereby made a part of these official minutes. #11-114-70 WHEREAS, the career of DON HULL, in the six-and-one-half years he has served as Planning Director for the City of Livonia, has been exemplified by the highest ethical standards and by loyal service to this community; and WHEREAS, in the course of this service he has willingly offered • wise counsel and inspirational leadership to allhis associates in the interest of promoting sound municipal planning programs; and WHEREAS, he has steadfastly withstood public pressure in making unbiased and objective judgment§ in the solution of the City's planning problems; and WHEREAS, by his unstinting service and fair dealing he has won the respect and confidence of every citizen who stands for honest and efficient government and has set an example for all public administrators; and 8982 WHEREAS, the orderly and aesthetic growth and development of the City of Livonia during these past six-and-one-half years has been and will be, in the years to come, largely attributable to his earnest efforts and untiring devotion. NOW, THEREFORE, BE IT RESOLVED that the City of Livonia Planning Commission hereby recognizes the dedicated, energetic and intelligent service rendered by DON HULL during his tenure as Planning Director of the City of Livonia and takes this means to convey its sincere gratitude and to express its heartfelt thanks for all of his personal endeavors and professional contributions in making Livonia a better city in which to live. Mr. Tunis announced the first item on the agenda is Petition 70-9-1-35 by Hammel Music, Inc. , to rezone property located on the east side of Middlebelt between Broadmoor and Rayburn Avenues in the Southwest 1/4 of Section 13, from RUF to P. Mr. Colomina stated there is a letter in the file from Consumers Power Company indicating that they have no objection to this petition and a letter from the City Engineer stating there are no problems connected with this petition. Mr. Colomina stated also that there is a letter in the file from the Zoning Board of Appeals regarding granting of a variance on the requirement of the protective wall. Mr. William Brashear, Attorney, 32900 Five Mile Road, was present representing the petitioner, and stated they were before the Zoning Board of Appeals in the spring to obtain a waiver of the wall on the east end of the lot. The waiver was granted predicated on the filing of this petition for parking. He stated he would like to point out that Lot 264 to the rear is owned by Mr. Abney who owns Hammel Music, and that this petition is in compliance with a directive by the Zoning Board of Appeals. Mrs. G. Ward, 29221 Rayburn, stated she has no objection to the rezoning to parking but when Mr. Brashear said he would comply she requested to know with what? She said he has not complied with the grading and he said before he would. His grade is much higher than that of the residential area. Mr. Joseph Parks, 29200 Rayburn, made a complaint regarding the height of the wall. Mr. Tunis stated that the grade is set by the Engineering Department and that is the grade he has to follow and that the Ordinance states at least a six foot fence. Mr. Hull said that if the Commission would like the Department to check into these things the Department can write a letter but that is all that can be done. Mr. Gerald Ward, 29221 Rayburn, questioned if the petition will have to erect the wall on which he has received a waiver until September, if he changes to parking. Mr. Pinto stated that it is his understanding that Mr. Ward is referring to a Zoning Board of Appeals meeting at which time the petitioner was granted a variance until September of 1971 until he decided what he would do with the 8983 property in the rear. Now he has decided to rezone it to parking and now he will have to go back to the Zoning Board of Appeals for another waiver of the wall. Mr. Brashear stated that is correct; the Zoning Board of Appeals asked us to rezone this to parking so the wall will be all in a line across the back of the property, and the petitioner has kept faith with the Board by filing this petition. Mr. Daryl Ward stated that thin man before said he was going to regrade this property but he has done nothing about it yet. Mr. Hammel stated that the property was graded and fill was put in. . Mrs. Ward stated, but Mr. Hammel does not need fill; he is too high already - what is needed is a lowering of the grade. Mr. Colomina stated that any problems with grade will have to be taken care of by contacting the Engineering Department for an answer but the matter before this Commission tonight is the rezoning of the land. 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 announced the next item on the agenda is Petition 70-10-1-36 by Enrico Canini requesting to rezone property located on the west side of Middlebelt Road between Crandon and Dover in the South- east 1/4 of Section 35, from R-1 to P.S. Mr. Colomina stated there are letters in the file from Consumers Power Company indicating they have no objection to this petition and a letter from the Engineering Department stated there is no storm drainage facilities available for the development of this site. It was stated also that a 7' right-of-way dedication on Middlebelt is needed. Mr. J. Canini was present and stated he is speaking for his father, the petitioner, because of a language barrier. He stated they are requesting the rezoning in order to build several offices in a building on this property such as lawyers and real estate. Mr. Andrew inquired as to use the seven feet on Middlebelt would be put to and if Wayne County Road Commission would accept the dedication. Mr. Colomina questioned Mr. Canini as to whether this will be a one or a two- story building. Mr. Canini stated he is not sure but he will say a two-story building. Mr. Colomina questioned if there will be sufficient parking. Mr. Hull stated that the parking requirement varies with the use; for a clinic, te for instance, he would not have enough parking but for a general office use there would be adequate parking. 8984 Mr. Andrew stated that as Mr. Canini owns only lots 1 through 5, does he have an option to purchase any of the lots to the south. Mr. Canini stated, no. 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 announced the next item on the agenda is Petition 70-10-1-41 by the City Planning Commission on its own motion to rezone property located on the northwest corner of Five Mile Road and Middlebelt in the Southeast 1/4 of Section 14, from C-1 and C-2 to P.S. Mr. Colomina stated there are no objections from the Engineering Department according to the file. Mr. Alan Schmear, 2815 Cadillac Tower, Detroit, 48226, representing Stanly and Gladys Hayes, was present and stated they have owned the property since 1940 and that the other three corners are occupied by gas stations. He said they have a tentative lease with Boron Oil Company and there is presently a court case involving a station on this lot. It would be impossible to use this property for any type of professional use because they do not own the entire parcel and rezoning it at this time would take away a valuable property right a and from Livonia a high tax rate. If they had to go into a professional ° building they couldn't meet the parking requirements and the rezoning of this strip at this time serves no effective purpose with three gas stations on the other three corners. He stated this is discriminatory and asked that the Commission reconsider this petition. Mr. Max Schaffer, Schaffer, Roth and Kellman, General Contractors, stated that he is a property owner at this corner and he discovered the Commission's intention to rezone it only yesterday; they had had no notification of this hearing. He stated they have constructed a building on this site for the Michigan Bell Telephone Company. He stated he believes this is a breach of faith on the part of Livonia to suddenly make a change of zoning to P.S. , and that there are very few uses allowed under the P.S. zoning. He said he knows there is litigation involving the property on the corner and this probably is to strengthen the case for the City against Boron Oil. He stated he thinks the notification procedure should be checked into; that he had checked and found out that the list of property owners being used by the Planning Department is four years old. He said they invested into this property based on the C-2 zoning and without it they would never have ventured into the building they have now. Mr. Schaffer said they would have to take preventive action if this Board persists in this rezoning. Mr. Colomina questioned where the Planning Department got the list used for notification of rezoning matters. Mr. Hull stated that the gentleman has a point but the list used is the latest list that the Department has at its disposal which is sometimes not up to 16; date, but the Department is within its legal rights. Mr. Andrew questioned Mr. Schaffer as to what property he owns. 8985 Mr. Schaffer stated he owns all of lot Z2ala and Z2alb but there by be some surrounding property on the corner that he does not own; probably all but the 150' piece on the corner. Mr. Albert Shulman stated he would say on behalf of the Planning Commission that an understandable mistake has been made and he believes the Commission will realize it by the time this hearing is over. He said he doesn't know the two previous gentlemen but he would assure them that his interests currently retain property on Five Mile Road and Middlebelt adjoining the factory. He stated he paid high commercial taxes on this property and it was sold to Mr. Schmear in good faith as commercially zoned property. Mr. Shulman questioned why this rezoning is being done. Mr. Colomina stated the Commission makes studies for the purpose of determining the best use for particular pieces of property. Mr. Shulman said but this is over half completed as a commercial venture that the City can be proud of and asked what sort of professional use can this property be put to. He stated he thinks the Commission's action, although well intended, is punitive and he goes along with the previous statement that it is being done to enhance a case that is presently in court. There was no one else: present wishing to be heard regarding this item. Mr. Colomina stated the item will be taken under advisement. I Mr. Tunis announced the next item on the agenda is Petition 70-10-1-42 by the City Planning Commission on its own motion to rezone property located north of Five Mile Road between Hubbard Road and Fairfield Avenue in the Southwest 1/4 of Section 15, from C-2 to P.S. Mr. Colomina stated there are no problems concerning engineering and no objec- tions to this petition according to the file. Mrs. Agnes Pritchard, 989 Ross, Plymouth, Michigan, stated she has owned this property since 1946 and portents this rezoning. She stated she has paid commercial taxes on this property and has a commercial building on it and does not see why it is being rezoned to P.S. Mr. Colomina stated that after making a study of the civic center area it was the feeling of the Commission and Department to rezone this to retain the professional service. He told Mrs. Pritchard that she would remain there as a non-conforming use. Mrs. Pritchard stated that the valuation of the property will go down 50% when the commercial zoning is taken away and changed to P.S. and that she has a commercial building there which she would like somebody to use. She stated she has an offer right now to sell the property but she would have to sell it for commercial, not professional. There was no one else present wishing to be heard regarding this item. Mr. Colomina stated the item will be taken under advisement. 89 86 IlwMr. Tunis announced the next item on the agenda is Petition 70-11-1-38 by Rodney C. Knopf, Attorney for Pro-Systems, Inc. , requesting to rezone property located on the north side of Seven Nile Road between Middlebelt and Parkville in the Southwest 1/4 of Section 1, from RUF to P. Mr. Colomina stated that according to the file there are apparently no engineer- ing problems and no objections to this petition. Mr. Kropf, representing the petitioner, was present and stated that this petition was filed for rezoning to P for parking because at the present time they have a successful business, up to twenty-two employees, and parking is a problem. He stated lot 416a1 was purchased for the purpose of rezoning to parking for the employees and to ease the traffic flow off Seven Mile and to provide a place for cars to await service. He stated he realizes that the existing wall will have to be torn down and replaced and they will abide by all requirements of the Ordinance. Mr. Colomina questioned if he is to understand that the parcel will not be used for moving traffic; only employees parking? Mr. Kropf stated that is correct; this is a parking area. Mr. Andrew questioned if the petitioner purchased the entire lot 416a1 and if it: there is a house on it. Mr. Kropf stated, yes but they didn't think it appropriate to extend the zoning all the way out to Parkville. Mr. William Roy, 19173 Parkville, presented a petition signed by residents of Parkville Avenue who object to this rezoning and stated they feel he will want to extend the zoning even further in the future if he is successful in obtaining this rezoning. Mr. Edward Meink, 19127 Parkville, stated his belief that he doesn't want this property for parking and asked to know what he is going to do with it. Mr. Roy stated he has property and space in there now that he doesn't use and that the former business did not make a success of this business and he doubts if he will because he doesn't have any cars to wash. 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 announced the next item on the agenda is Petition 70-10-2-20 by Newburgh United Mahodist Church requesting to be granted a waiver of use permit to erect an addition to existing building located on the north side of Ann Arbor Trail between Levan and Newburgh Road in Section 32. 8987 The spokesman for the Church stated they are requesting this waiver use permit to allow construction of a 5,000 square foot addition to the Church which will involve no additional seating capacity in the sanctuary. He said the addition is to better serve the people they are now serving and no additional parking will be required. He said he has brought a landscaping plan for the completed property this evening. Mr. Colomina questioned if the Commission has the right to condition a waiver use regarding landscaping. Mr. Hull stated, yes, and the plan will be reviewed. 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 announced the next item on the agenda is Petition 70-10-2-21 by Robert A. Acchione, Attorney for Burger King Corporation, request- ing to be granted a waiver of use permit to construct a Burger King restaurant on property located on the south side of Plymouth Road between Stark Road and Farmington in Section 33. :ir. Colomina stated there is a letter in the file from the Police Department regarding driveways. Mr. Acchione, Attorney fort the petitioners, stated they have two other operations in Livonia and he understands there has been no problems with those. He stated he also understands an approach of 40' is needed and that an easement has been provided for the land to the south of this and that they have complied with all requests that have been made. Mr. Andrew requested to know if the Planning Department has had an opportunity to review the site plan. Mr. Bakewell stated that as far as the site plan is concerned; we don't have a plan for determining the seating involved. Mr. Colomina questioned if this operation will be similar to the one on Seven Mile and Middlebelt. Mr. Acchione stated yes, basically, with a little modification on the outside and inside. Mr. Pinto stated that the plan shows a house and garage on the property to the west and a notation of the site plan indicates that Mr. Acchione is the owner of the property. Mr. Acchione stated he has an option to purchase. Mr. Pinto questioned if the horse is resided in at the present time. Mr. Acchione stated yes. he understands it is. Mr. Pinto questioned if there are any Ordinance conflicts with a residence on the adjoining property. A gentleman representing the Burger King Corporation from Miami, Florida, stated that he had presented the plans to the Building Department and Mr. Kerby made no commitment to him that the building was standard to the City's requirements and if there are any changes that have to be made he believes he could make the changes with Mr. Kerby and he will waive Mr. Kerby's responsibility for that. He stated that if the building next door requires fencing they will provide a fence. Mr. Andrew questioned the gentleman about storm water. The representative stated that the water will drain off the property to the rear and until the City puts a storm sewer in the back of the property he will be granted an easement. General discussion was held regarding the handling of storm water and parking requirements. Mr. Bakewell stated it has to be determined exactly what type restaurant this is regarding the amount of space devoted to eating; there is different criteria for different types of restaurants. Mr. Acchione stated their's has been classified as a restaurant, not a drive-in. Mr. Pinto questioned if this has been determined through the legal staff regard- ing the difference between a restaurant and a drive-in. Mr. Bakewell stated that that can be determined when we get a plan. The gentleman stated he doesn't have a seating plan but they will seat seventy- four people and there will be no curb service. He said he doesn't like to think of this as a drive-in restaurant; they have enclosed the building entirely and it will be heated and air-conditioned. 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 announced the next item on the agenda is Petition 70-11-2-22 by Gregory Saragosa requesting to be granted a waiver of use permit to erect and operate a restaurant with a Class "C" Liquor License on property located on the south side of Plymouth Road between Levan and Ann Arbor Road in Section 32. Mr. David Perry, Attorney representing the petitioner, was present and presented a copy of the site plan to each Commissioner and stated that the original plan had called for seating for seventy-six but was cut and re-arranged along with the parking and he believes it will be satisfactory. Mr. Andrew asked if Mr. Perry had the north elevation which concerns him. Mr. Perry stated no, but he believes it shows a lot of cut stone on the north elevation. Mr. Moser questioned if they have a liquor license to put in here. ' .8989 1 } Mr. Perry stated they don't have approval from Council as yet. 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 announced the next item on the agenda is Petition 70-11-2-24 by Peter Hodges requesting a waiver of use permit to operate a Class "C" Liquor License in a bowling center proposed to be located on the south side of Plymouth Road between Farmington and Stark Road in the Northeast 1/4 of Section 33. Mr. Colomina stated there are no objections from the Engineering Department regarding this petition but there is a pbobiem relating to storm drainage. Mr. Peter Hodges, petitioner, was present and stated his plan shows a 24-lane bowling center and that there had been comments regarding parking. He said he made an effort to pick up additional property but has not been able to effectuate this at the present time but is still making an effort to do so. He stated that if he cuts down to a 22-lane alley he could meet the requirements of the Ordinance but he would like to make it 28 lanes which would depend on whether or not he can pick up the additional land. Mr. Hodges requested the Commission to take this petition under advisement until December 15, 1970 by which time he will have had an opportunity to investigate the possiblity of acquiring additional land. 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 announced the next item on the agenda is Petition 70-10-6-4 by the City Planning Commission on its own motion to amend Section 11.02, Permitted Uses, and Section 11.03, Waiver Uses, of Ordinance #543, the Zoning Ordinance. There was no one present wishing to be heard regarding this item. Mr. Colomina stated the item will be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-10-6-5 by the City Planning Commission to amend Section 8.04, R-7 District Regulations, of Ordinance #543, the Zoning Ordinance. There was no one present wishing to be heard regarding this item. Mr. Colomina stated the item will be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-10-1-37 by John F. Dooley, Attorney for Chicago Mortgage Company, requesting tof to rezone property located on the northeast corner of Schoolcraft and Levan in the Southeast 1/4 of Section 20, from C-1 to P.s. 8990 11110 Mr. Colomina stated there are no objections to this petition according to the file but there is a letter from the City Engineer stating that an extension of a storm sewer in Levan Road southerly to the site is necessary. Mr. John F. Dooley, Attorney, was present and stated they propose to construct a professional office space on this site. Mr. Colomina asked if there were any plans available. Mr. Dooley replied no, but the Commission has site plan approval and they would need approval before they could develop the property. He stated they would be willing to execute an instrument that the use of the land will be subject to site plan approval by the City. Mr. Walter Juras, 36039 Scone, objected to this petition. Mr. Colomina asked if Mr. Juras thinks it would be more compatible to have an office type building on this parcel than to have a series of stores such as in a shopping center. Mr. Juras stated he would like to beg off answering that question. A representative speaking for three civic associations stated it might be best to wait until the sewer goes in but he doesn't think another gas station is needed here. Mr. Andrew asked if the gentleman is aware of the fact that the owner of the property could at the present time applyfor City permit for asked C-1use usee iand t that permit would have to be granted by ofLivonia s aware of the uses permitted in a C-1 zoning. Mr. Pinto read from the Zoning Ordinance, Ordinance #543, the uses for which the Building Department would presently be able to grant a permit. The gentleman stated he believes they are more concerned with the C-2 proposed for the corner. Mr. Andrew stated he believes the discussion should be restricted to the petition before the Commission at the present time. The gentleman stated that if Mr. Dooley would meet. with the member of the civic associations and give a presentation as to what his client would like to put in they will be happy to work it out with him. Mr. Dooley stated he would like to make one technical point; that is, there is no other petition at the public hearing. It would be rather impossible to consider both petitions at this meeting. He stated he thinks his position is made clear to the Planning Commission; they are disposed to give up what is their right to bofltheone fthe nthes tuseswpe�rmittedread fin P.S.te Ordinance and to use the balance property for 4400 There was no one else present wishing to be head regarding this item. Mr. Colomina stated the item will be taken under advisement. 8991 Mr. Tunis announced the next item on the agenda is Petition 70-10-1-39 by Rodney C. Kropf, Attorney for Rocco and Adelia Corsi, requesting to rezone property located on the north side of Seven Mile Road r between Lathers and Angling in the Southeast 1/4 of Section 1, from RUF to P. Mr. Colomina stated that according to the file there were no objections from the utility companies but there are objections from the people in the neighbor- hood. Mr. Kropf, representing the petitioners was present and stated that they pre- viously submitted a petition on the property to the south to rezone from the C-1 to the C-2 category so they could expand their restaurant use and after consultation with the Planning Department it was felt that to do proper justice to the location and make a better site plan it would be much better to move the parking to the front. Accordingly, he said, the action on the prior petition was witheld by the Commission pending the filing of this petition to obtain additional area for parking. He stated he believes this is in accordance with the wishes of the Commission and the Department. There was no one present wishing to be heard regarding this item. Mr. Colomina stated the item will be taken under advisement. On a motion duly made by Mr. Andrew, seconded by Mr. Moser, and unanimously jar adopted, it was #11-115-70 RESOLVED that, the City Planning Commission of the City of Livonia does hereby adjourn the Public Hearing held on November 24, 1970, at 10:40 p.m. * * * * * * * * * * * * * * Mr. Colomina, Vice-Chairman, called the 223rd Regular Meeting to order at approximately 11:00 p.m. with approximately the same number of interested persons in the audience as were present for the public hearing. Members present: Robert Colomina Joseph J. Falk Marvin Moser H. Dow Tunis Joseph Talbot Francis M. Hand Charles Pinto Daniel Andrew Members absent: Raymond W. Tent Mr. Tunis announced the first item on the agenda is Petition 70-9-1-35 by Hammel Music, Inc. , to rezone property located on the east side of Middlebelt between Broadmoor and Rayburn Avenues in the South- west 1/4 of Section 13, from RUF to P. On a motion duly made by Mr. Talbot, seconded by Mr. Falk, and unanimously adopted, it was 8992 #11-116-70 RESOLVED that, pursuant to a Public Hearing having been held on November 24, 1970 on Petition 70-9-1-35 as submitted by Hammel Music, Inc. , to rezone property located on the east side of Niddlebelt between Broadmoor and Rayburn Avenues in the Southwest 1/4 of Section 13, from RUF to P. , the City of Livonia Planning Commission does hereby recommend that Petition 70-9-1-35 be approved for the following reasons: (1) This is a logical extension of the existing zoning. (2) This rezoning will solve the problems of the petitioner and should not adversely effect the stability of the adjacent neighborhood. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of November 4, 1970 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Colomina, Vice-Chairmen, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-10-1-36 by Enrico Canini requesting to rezone property located on the west side of Middlebelt Road between Grandon and Dover in the South- east 1/4 of Section 35, from R-1 to P.S. On a motion duly made by Mr. Andrew and seconded by Mr. Moser, it was RESOLVED that, pursuant to a Public Hearing having been held on November 24, 1970 on Petition 70-10-1-36 as submitted by Enrico Canini requesting to rezone property located on the west side of Middlebelt Road between Grandon and Dover in the Southeast 1/4 of Section 35, from R-1 to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 70-10-1-36 be denied. Mr. Andrew addressed the petitioner stating that he would personally like to thank the petitioner for bringing this problem before this Commission and he personally agrees that perhaps the logical zoning for this property is professional service but that his petition is not good planning, therefore, if this motion to deny carries he will make another motion by the Commission on its own motion to rezone a larger area which would include the petitioner's land. A roll call vote on the foregoing resolution resulted in the following: AYES: Hand, Andrew, Moser, Colomina NAYS: Falk, Talbot, Pinto, Tunis ABSENT: Tent Mr. Colomina, Vice-Chairman, declared the resolution lost for , lack of support. 8993 a Mr. Pinto stated that if it is in order he would suggest that the Planning Commission recommend the rezoning of all the lots, #1 through #30, of this particular subdivision all of which are on the west side of Middlebelt and which would include the lots in this gentleman's petition. He said if the Commission was to approve this gentleman's petition and then recommend on its own motion that #6 through #30 also be rezoned to P.S. would they not be accomplishing the same thing as was in Mr. Andrew's motion. On a motion duly made by Mr. Pinto, seconded by Mr. Andrew's motion. On a motion duly made by Mr. Pinto, seconded by Mr. Andrew, it was RESOLVED that, pursuant to a Public Hearing having been held on November 24, 1970 on Petition 70-10-1-36 as submitted by Enrico Canini requesting to rezone property located on the west side of Middlebelt Road between Grandon and Dover in the Southeast 1/4 of Section 35, from R-1 to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 70-10-1-36 be approved. Mr. Pinto stated his intentions to introduce a motion to rezone lots #6 through #30 to P.S. Mr. Moser stated that with P.S. zoning there the Commission wouldn't know what 1 the petitioner would put in or whether he has the proper parking; also, the City needs a dedication of the highway, so it is his feeling that the Commission is acting a little prematurely in approving this P.S. Mr. Pinto questioned if the Commission does or does not have all the details to act on a rezoning petition. Mr. Hull stated that the Commission usually attempts to get the required right- of-way and to have a logical development proposal before zoning land, so based on that the answer would be a little bit different. Mr. Andrew questioned why the seven feet is needed and thought he understood at the study meeting that the City has sufficient right-of-way for the development of Middlebelt Road. Mr. Hull stated that the Master Thoroughfare Plan calls for 120' right-of-way and this is a standard in existence that is less than the standard set by the Planning Commission. A roll call vote on the foregoing resolution resulted in the following: AYES: Pinto NAYS: Hand, Moser, Talbot, Falk, Andrew, Colomina, Tunis ABSENT: Tent IL Mr. Colomina, Vice-Chairman, declared the resolution lost for lack of support and stated the item will be taken under advisement. On a motion duly made by Mr. Andrew, and seconded by Mr. Pinto, it was 8994 RESOLVED that, the City Planning Commission, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of 46, Livonia, as amended, does hereby establish and order that a Public Hearing be held to determine whether or not to rezone all lots, #1 through #30, located on the west side of Middlebelt Road between Grandon and Dover in the Southwest 1/4 of Section 35, from R-1 to P.S. , and that the north/south alley adjacent to those lots be vacated. A. roll call vote on the foregoing resolution resulted in the following: AYES: Pinto, Andrew NAYS: Hand, Moser, Colomina, Talbot, Falk, Tunis ABSENT: Tent Mr. Colomina, Vice-Chairman, declared the resolution lost for lack of support and stated the item will be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-10-1-41 by the City Planning Commission on its own motion to rezone property located on the northwest corner of Five Mile Road and Middlebelt in the Southeast 1/4 of Section 14, from C-1 and C-2 to P.S. Mr. Colomina, Vice-Chairman, stated this item will be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-10-1-42 by the City Planning Commission on its own motion to rezone property located north of Five Mile Road between Hubbard Road and Fairfield Avenue in the Southwest 1/4 of Section 15, from C-2 to P.S. On a motion duly made by Mr. Falk, and seconded by Mr. Tunis, it was #11-117-70 RESOLVED that, pursuant to a Public Hearing having been held on November 24, 1970 on Petition 70-10-1-42 as submitted by the City Planning Commission on its own motion to rezone property located north of Five Mile Road between Hubbard Road and Fair- field Avenue in the Southwest 1/4 of Section 15, from C-2 to P.S. the City Planning Commission does hereby recommend to the City Council that Petition 70-10-1-42 be approved for the following reasons: (1) P.S. zoning is more compatible with the development of the Civic Center area. (2) The present commercial zoning could permit uses that could detract from the potential and stability of the Civic Center and adjacent areas. (3) The ultimate Five Mile Road right-of-way will reduce the depth of these parcels so that it will be extremely difficult to get optimum commercial development. 8995 IL (4) In general, P.S. zoning creates less intensity of use than commercial zoning, thus theoretically reducing the conflict with the movement of transient traffic along Five Mile Road. (5) The rezoning of this land to the P.S. category is con- sistent with the Master Plan of 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 November 4, 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: Andrew, Moser, Hand, Tunis, Colomina, Pinto, Falk NAYS: Talbot ABSENT: Tent Mr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. ilf Mr. Tunis announced the next item on the agenda is Petition 70-10-1-38 by Rodney C. Kropf, Attorney for Pro-Systems, Inc. , requesting to rezone property located on the north side of Seven Mile Road between Middlebelt and Parkville in the Southwest 1/4 of Section 1, from RUF to P. On a motion duly made by Mr. Moser and seconded by Mr. Talbot, it was #11-118-70 RESOLVED that, pursuant to a Public Hearing having been held on November 24, 1970 on Petition 70-11-1-38 as submitted by Rodney C, Kropf, Attorney for Pro-Systems Inc. , requesting to rezone property located on the north side of Seven Mile Road between Middlebelt and Parkville in the Southwest 1/4 of Section 1, from RUF to P. the City Planning Commission does hereby recommend to the City Council that Petition 70-11-1-38 be denied for the following reasons : (1) This rezoning is not consistent with the Master Plan for this sector of the City. (2) This rezoning represents an intrusion into an established residential area. (3) This rezoning is not compatible with the residential development that occurs to the north and to the east of the area under petition. (4) There is sufficient room presently available on lands already zoned for commercial purposes to accommodate the petitioner's needs. J FURTHER RESOLVED that, notice of the above public heating 8 was996 published in the official newspaper, the Livonia Obsetver, under date of November 4, 197d 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: Andrew, Moser, Talbot, Tunis, Colomina NAYS: Pinto, Hand, Falk ABSENT: 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 70-10-2-20 by Newburg United Methodist Chµrch requesting to be granted a waiver of use permit to erect an addition to existing building located on the north side of Ann Arbor Trail between Levan and Newburg Road in Section 32. On a motion duly made by Mr. Talbot, seconded by Mr. Falk, and unanimously adopted, it was i #11-120-70 RESOLVED that, pursuant to a public hearing having been held on November 24, 1970 on Petition 70-10-2-20 as submitted by Newburg United Methodist Church requesting to be granted a waiver of use permit to erect an addition to existing building located on the north side of Ann Arbor Trail between Levan and Newburgh in Section 32, the City Planning Commission does hereby recommend to the City Council that Petition 70-10-2-20 be approved for the following reasons: (1) This is a continuation of the Church's long-range build- ing program and should not detract from the overall stability of the area. In essence, this addition should add to the desirability of the existing Church complex. (2) This proposed addition is not in conflict with any of the waiver use standards set forth in Ordinance #543. (3) This proposed addition will in no way effect the stability of the adjacent area. and, with the following conditions: (1) That a detailed landscape plan be submitted to the Planning Commission within six months of this date. (2) That the approved landscape plan be implemented within 1-1/2 years of this date. 8997 t: te 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. Tunis announced the next item on the agenda is Petition 70-10-2-21 by Robert A. Acchione, Attorney for Burger King Corporation, requesting to be granted a waiver of use permit to construct a Burger King restaurant on property located on the south side of Plymouth Road between Stark Road and Farmington in Section 33. On a motion duly made by Mr. Andrew, seconded by Mr. Hand, and unanimously adopted, it was #11-121-70 RESOLVED that, pursuant to a public hearing having been held on November 24, 1970 on Petition 70-10-2-21 as submitted by Robert A. Acchione, Attorney for Burger King Corporation requesting to be granted a waiver of use permit to construct a Burger King restaurant on property located on the south side of Plymouth Road between Stark Road and Farmington in Section 33, the City Planning Commission does hereby recommend to the City Council that Petition 70-10-2-21 be denied for the follow- ing reasons: 100, (1) A use of this type will generate a high volume of traffic that could conflict with the traffic flow along Plymouth Road. (2) A use of this type would have an adverse effect on the adjacent development and detract from the stability of the general area. (3) The proposed use is not of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding area. (4) There are numerous similar existing facilities within the general area that will provide a similar service to the people of the City. (5) The development along Plymouth Road constitutes a large portion of Livonia's tax base. It is extremely important that all development that takes place along Plymouth Road add to, rather than detract from, its stability. An ex- cessive quantity of restaurants could detract from the economic stability of the area and hence, adversely effect the entire City. (6) It is in conflict with the overall Master Plan sanctioned by the Planning Commission and City Council. 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. 8998 i, Mr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-11-2-22 by Gregory Saragosa requesting to be granted a waiver of use permit to erect and operate a restaurant with a Class "C" Liquor License on property located on the south side of Plymouth Road between Levan and Ann Arbor Road in the North- east 1/4 of Section 32. Mr. Colomina, Vice-Chairman, stated this item will be taken under advisement. Mr. Tunis announced the next item on the agenda is Petition 70-11-2-24 by Peter Hodges requesting a waiver of use permit to operate a Class "C" Liquor License in a bowling center proposed to be located on the south side of Plymouth Road between Farmington and Stark Road in the Northeast 1/4 of Section 33. Mr. Colomina, Vice-Chairman, stated this item will be taken under advisement until the next Regular Meeting on December 15, 1970. Mr. Tunis announced the next item on the agenda is Petition 70-10-6-4 by the City Planning Commission on its own motion to amend Section ir, 11.02, Permitted Uses, and Section 11.03, Waiver Uses, of Ordinance #543, the Zoning Ordinance of the City of Livonia, /fir On a motion duly made by Mr. Andrew, seconded by Mr. Hand, and unanimously adopted, it was #11-119-70 RESOLVED that, pursuant to a public hearing having been held on November 24, 1970 on Petition 70-10-6-4 as submitted by the City Planning Commission on its own motion to amend Section 11.02, Permitted Uses, and Section 11.03, Waiver Uses, of Ordinance #543, the Zoning Ordinance of the City of Livonia, so as to provide for new and used car lots and showrooms, new or used mobile home sales and department stores and discount houses under the Waiver Use section of C-2 Districts, the City Planning Commission does hereby recommend to the City Council that Petition 70-10-6-4 be approved for the following reasons: (1) This will enable the City to more adequately control these particular uses (in the waiver use category) . (2) This will be another effective tool to implement the Master Plan. FURTHER RESOLVED, that notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of November 4, 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. 8999 IL Mr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-10-6-5 by The City Planning Commission to amend Section 8.04, R-7 District Regulations, of Ordinance #543, the Zoning Ordinance. On a motion duly made by Mr. Andrew, seconded by Mr. Moser, and unanimously adopted, it was #11-122-70 RESOLVED that, pursuant to a Public Hearing having been held on November 24, 1970 on Petition 70-10-6-5 as submitted by the City Planning Commission on its own .motion to amend Article VIII, R-7 District Regulations, Section 8.04(a) relating to type of con- struction and architectural quality, Section 8.04(b) relating to landscaping, and adding Section 8.06 relating to enclosed park- ing, the City Planning Commission does hereby recommend to the City Council that Petition 70-10-6-5 be approved for the follow- ing reasons: (1) This will make multiple dwellings more desirable from the standpoint of providing additional storage space. (2) This will insure a higher calibre of multiple dwellings. iv (3) This will insure more adequate screening and storage of automobiles. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of November 4, 1970 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-10-1-37 by John F. Dooley, Attorney for Chicago Mortgage Company, request- ting to rezone property located on the northeast corner of Schoolcraft and Levan in the Southeast 1/4 of Section 20, from C-1 to P.S. On a motion duly made by Mr. Talbot, seconded by Mr. Andrew, it was #11-123-70 RESOLVED that, the City Planning Commission does hereby determine to take this petition under advisement until after action has tie been taken on item #15. A roll call vote on the foregoing resolution resulted in the following: i AYES: Pinto, Moser, Talbot, Andrew, Colomina, Tunis NAYS: Hand, Falk ABSENT: Tent 9000 . ILWMr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-10-1-39 by Rodney C. Kropf, Attorney for Rocco and Adelia Corsi, request- ing to rezone property located on the north side of Seven Mile between Lathers and Angling in the Southeast 1/4 of Section 1, from RUF to P. On a motion duly made by Mr. Andrew, seconded by Mr. Moser, and unanimously adopted, it was #11-124-70 RESOLVED that, pursuant to a public hearing having been held on November 24, 1970 on Petition 70-10-1-39 as submitted by Rodney C. Kropf, Attorney for Rocco and Adelia Corsi, requesting to rezone property located on the north side of Seven Mile between Lathers and Angling in the Southeast 1/4 of Section 1, from RUF to P., the City Planning Commission does hereby recommend to the City Council that Petition 70-10-1-39 be approved for the following reasons: (1) It is necessary to rezone this land to the P category in order to make adequate provision for the restaurant facility contemplated on this land. (2) The P zoning category is the most compatible nonresidential 4: 1 use. FURTHER RESOLVED that, notice of the above Public Hearing was 1111, published in the official newspaper, the Livonia Observer, under date of November 4, 1970 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-6-1-25 by Rodney C. Kropf, Attorney for Rocco and Adelia Corsi, requesting to rezone property located on the north side of Seven Mile Road between Lathers and Angling in the Southeast 1/4 of Section 1, from RUF and C-1 to C-2. On a motion duly made by Mr. Andrew, seconded by Mr. Pinto, and unanimously adopted, it was #11-125-70 RESOLVED that, pursuant to a Public Hearing having been held on July 21, 1970 on Petition 70-6-1-25 as submitted by Rodney C. Kropf, Attorney for Rocco and Adelia Corsi, requesting to rezone property located on the north side of Seven Mile Road between Lathers and Angling in the Southeast 1/4 of Section 1, from RUF and C-i to C-2, the City Planning Commission does hereby recom- mend that Petition 70-6-1-25 be approved for the following reasons: 9001 IL, (1) The owner desires to expand the present restaurant facility. It is necessary to have the land rezoned to the C-2 category in order to accomplish this. The Commission believes it will not be detrimental to have the existing restaurant facility expanded. (2) A C-2 zoning is compatible with the zoning and land use pattern of the Surrounding area. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of July 1, 1970 and 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. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 69-7-1-23 by John F. Dooley, Attorney for Gil Investment Company, Inc. , requesting to rezone property located on the north side of Schoolcraft Road, east of Levan, in the Southeast 1/4 of Section 20, from C-1 to C-2. On a motion duly made by Mr. Talbot and seconded by Mr. Andrew and unanimously adopted, it was fkir" RESOLVED that, pursuant to a public hearing having been held on August 12, 1969 on Petition 69-7-1-23 as submitted by John F. Dooley, Attorney for Gil Investment Company, Inc. , request- ing to rezone property located on the north side of School- craft Road, east of Levan, in the Southeast 1/4 of Section 20, from C-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 69-7-1-23 be approved for the following reasons: (1) This petition is related to Petition 70-10-1-37 which rezones the adjacent land to the P.S. category. The P.S. zoning will provide an adequate buffer between this proposed C-2 corner and the adjacent subdivision. (2) There is a basic need for C-2 facilities in this sector of the City. A roll call vote on the foregoing resolution resulted in the following: AYES: Andrew, Talbot, Pinto NAYS: Hand, Moser, Falk, Tunis, Colomina ABSENT: Tent Mr. Colomina, Vice-Chairman, declared the resolution lost for lack of support. On a motion duly made by Mr. Moser and seconded by Mr. Hand, it was 9002 #11-126-70 RESOLVED that, pursuant to a public hearing having been held on August 12, 1969 on Petition 69-7-1-23 as submitted by John F. Dooley, 'attorney for Gil Investment Company, Inc. , requesting to rezone property located on the north side of Schoolcraft Road, east of Levan, in the Southeast 1/4 of Section 20, fro'i C-1 to C-2, the City Planning Commission dors hereby recomiend to the City Council that Petition 69-7-1-23 be denied for the following reasons : (1) ,Where is no need for intensified commercial use in this sector of the City, especially as it relates to the ajdacent residential neighborhood and Madonna Colleee, (2) The C-2 zoning category could generate a high intensity of use that could conflict with the traffic movement from Levan to the I-96 Freeway. (3) Thera is no need for intensified commercial use in this sector of the City inasmuch as adequate commercial facilities are located one mile to the north at Levan and live dile Road. FU1TErI ESOLVi J that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date cf July 23, 1969 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio RAilway Comnan7, Michigan Bell Telephone Company, Consumers Power Company and C'_t1 Departments as listed in the Proof of Service. A roll call vote or. the foregoing resolution resulted in the following: AT7:: Pal's, : and, Moser, Tunis, Colomina NAYS: P _n=o, Anc_re:i, Talbot ABSENT: T2-_t Mr. Colomina, Vice-!"�.Armaa, declared the motion carried and the foregoing resolution adopted. Mr. Colomina stated that iteri x-12 would be taken up at this Mr. Tunis announce= the next item on the agenda is Petition 70-10-1-37 by John F. Tooley, Attorney for Chicago Mortgage Company, request- ing to rezone property located on the northeast corner of Schoolcraft and Levan in the Southeast 1/4 of Section 20, from C-1 to P.S. On a motion duly nada by 11r. Talbot and seconded by Mr. Andrew, it was #11-127-70 RESOLVED than, pursuant to a public hearing having been held on Noveriber 24, 1970 on Petition 70-10-1-37 as submitted by John r. Dooley, Attorney for Chicago Mortgage Company, request- ing to rezone property located on the northeast corner of Schoolcraft and Levan in the Southeast 1/4 of Section 20, from C-1 to P.S. , the City Planning Commission does hereby 9003 recommend to the City Council that Petition 70-10-1-37 be denied for the following reason: (1) The Commission believes that if the zoning at the northeast corner of Schoolcraft and Levan is not changed to C-2, it is unfair to require the property owner to reduce the zoning category on the remaining land to P.S. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of November 4, 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, Moser, Andrew, Talbot, Tunis, Colomina NAYS: Hand, Falk ABSENT: 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 70-9-1-33 as amended, by Robert D. Albertson to rezone property located between Angling, Deering and Pembroke Roads in the Southeast 1/4 of Section 1, from RUF to R-2. Mr. Albertson stated he understands the R-2 is 70' x 120' lots. Mr. Bakewell stated the Inspection Department has approved nine lots. Mr. Colomina questioned if Mr. Albertson is amenable to putting in some type of fence. Mr. Albertson stated, yes. On a motion duly made by Mr. Moser, seconded by Mr. Tunis, and unanimously adopted, it was #11-128-70 RESOLVED that, pursuant to a Public Hearing having been held on October 20, 1970 on Petition 70-9-1-33, as amended, sub- mitted by Robert D. Albertson to rezone property located between Angling, Deering and Pembroke Roads in the Southeast 1/4 of Section 1, from RUF to R-2, the City Planning Commission does hereby recommend to the City Council that Petition 70-9-1-33 be approved for the following reasons: (1) It is a logical transition between the R-1 zoning category to the east and the RUF zoning category to the west. (2) This zoning category is commensurate with the develop- ment potential of the area. 9004 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 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. Colomina, Vice-Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis announced the next item on the agenda is Petition 70-11-8-8 by Rails, Hammill & Becker requesting approval of all plans for the proposed court house to be located on the south side of Five Nile Road, east of Farmington Road, in the Northwest 1/4 of Section 22. On a motion duly made by Mr. Andrew, seconded by Mr. Tunis, and unanimously adopted, it was #11-129-70 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #784, the City Planning Commission does hereby recommend to the City Council that Petition 70-11-8-8 as submitted by Ralls, Hammill & Becker requesting approval of all plans for a proposed court house to be located on the south side of Five Mile Road, east of Farmington Road, in the Northwest 1/4 of Section 22 be approved for the follow- ing reasons: (1) The site plan conforms to the overall development of the Civic Center area. (2) The type of architecture indicated is compatible with the existing architecture of the Water Building, Police Building and Fire Station. Mr. Tunis announced the next item on the agenda is final plat approval for Livonia Industrial Park Subdivision #2 proposed to be located in Section 27. On a motion duly made by Mr. Andrew, seconded by Mr. Pinto, and unanimously adopted, it was #11-131-70 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that the final plat of Livonia Industrial Park Subdivision #2 located in the Southwest 1/4 of Section 27, be approved for the following reasons: (1) The final plat basically conforms to the previously approved preliminary plat. (2) All the financial obligations of the City have been met. 9005 FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission under Resolution #8-116-69 adopted on August 12, 1969; and it further appearing that said proposed plat together with plans and specifications for improvements wherein have been approved by the Department of Public Works, Engineering Division, under date of January 12, 1970; and it further appearing that the financial assurances required in Council Resolution #210-70 adopted on March 23, 1970 have been filed with the City Clerk as confirmed by a letter dated November 17, 1970 from Addison W. Bacon, City Clerk, it would therefore appear that all the conditions necessary to the re- lease of building permits have been met and the Building Depart- ment is hereby so notified. On a motion duly made by Mr. Andrew and seconded by Mr. Tunis, it was #11-130-70 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 and order that a public hearing be held to determine whether or not to rezone property located on the north side of Plymouth 1( Road, east of Sears Road, in the Southwest 1/4 of Section 26, from C-2 to M-1; and FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that there shall be a report submitted and recommendation thereon to the City Council. A roll call vote on the foregoing resolution resulted in the following: AYES: Colomina, Talbot, Pinto, Andrew, Hand, Tunis NAYS: Moser, Falk ABSENT: Tent 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. Pinto, it was 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 and order that a public hearing be held to determine whether or not to rezone property located on the south side of Schoolcraft Road, east of Newburgh Road, in the Northwest 1/4 of Section 29, from C-1 to M-i; and FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that there shall be a report submitted and recommendation thereon to the City Council. A roll call vote on the foregoing resolution resulted in the following: 9006 ii0; AYES: Hand, Pinto, Andrew NAYS: Moser, Talbot, Falk, Tunis, Colomina ABSENT: Tent Mr. Colomina, Vice-Chairman, declared the resolution lost for lack of support. On a motion dulyp made by Mr. Andrew, seconded by Mr. Tunis, and unanimously adopted, the City Planning Commission adjourned its 223rd Regular Meeting at approximately 12:05 a.m. CITY PLANNING COMMISSION &•atfiet, - H. Dow Tunis, Secretary ATTESTED: /ef11214L-04 bert Colomina, Vice-Chairman .0 f