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HomeMy WebLinkAboutPLANNING MINUTES 1971-01-19 9030 MINUTES OF THE 225th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, January 19, 1971, the City Planning Commission of the City of Livonia held its 225th Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel, Andrew, Chairman, called the Public Hearing to order at 8:15 p.m. with approximately 30 interested persons in the audience. Members present: Daniel R. Andrew Francis M. Hand Raymond W. Tent Robert Colomina Marvin Moser H. Dow Tunis Joseph J. Falk Charles Pinto Members absent: *Joseph J. Talbot Messrs, John J. Nagy, Planning Director; Ralph H. B also present. Planner III, and Robert Feinberg, Assistant City Attorney, lre Mr. Hand announced the first item on the agenda is Petition 70-10-3-8 by James Tringali requesting to vacate a twenty-foot wide east/west public alley located north of and parallel to Plymouth Road between Cardwell and Deering in the Southeast 1/4 of Section 25. 110' Mr. Andrew indicated there is a letter from Mr. Strasser, City Engineer on file which in essence advises that we should maintain existing sanitary sewer. Mr. Tringali, rothe sna• indicated that they want to combinaaeainto one largeparking areHe sttedthattealley has been unused for 15 years. Mr. Andrew stated there is a garage located just north of the area. My question is whether or not you would agree that the alley would be vacated to Cardwell, west. Mr. Tringali answered yes. Mr. Hand asked is that the only portion to be vacated, alley between Cardwell and Deering? Your plan would be into theto Ze the alley?alWillfyAu barricade this for parking? Woulthat still t be open to people going e Mr. Tringali stated no, it would not be barricaded. Mr. Hand asked if you will asphalt the alley and leave it open? Mr. Tringali stated yes. Mr. Tent asked do you have trouble with parking in that area now? 1.41 Mr. Tringali stated yes. We would like to have this area for additional parking (60 purposes. We own the restaurant adjacent and need the parking space. Mr. Tent asked you will not put anything there other than use it for parking? • 9031 IL, Mr. Tringali said yes, that is all we would do with that alley. Mr. Andrew stated I understand that there will be no physical barrier erected? Mr. Tringali stated that there would be no physical barrier erected. Mr. Andrew questioned if the lady who owns the garage on the alley had been notified of this public hearing. Mr. Andrew was informed that the owner of the property on which the garage is located was sent a notice of this public hearing. Mr. Tringali said he talked with her and she is all for closing the alley. There was no one present wishing to be heard regarding this item. Mr. Hand announced the next item on the agenda is Petition 70-11-2-23 by Rodney C, Kropf, Attorney for Larry J. Huggins and Dale Huggins requesting to be granted a waiver of use permit to construct and operate a new, modern car wash and to dispense gasoline on property located on the east side of Middlebelt Road between Broadmoor and Sunnydale in the Southwest 1/4 of Section 13. Mr. Kropf, representing the petitioners was present and he stated that they were only interested in the westerly 250 ft. only. Mr. Kropf presented a sketch illustrating the proposed car wash, and photographs of an existing car wash in Benton Harbor that this one would look like. Three men would be employed to operate this car wash. It will be an exterior car wash only. We feel this is a desirable location because of the traffic on Middlebelt. It would be screened from the surrounding area, landscaped etc. Mr. Andrew advised that there is one open drainage ditch which might involve extensive sewer work on this site. Mr. Kropf stated we know this add the petitioners feel that this off-side expense would have merit. Mr. Andrew read a letter from Hearthside which in essence indicated that they would like a better type of business erected on this site. Also there is a front yard deficiency on this site. Mr. Hand stated you show a screened fence which I believe is at the back. What are your plans for the back. Mr. Kropf said we do not need it and o ndwe wereethe notplanning in cuanninbnusing it but we n would screen off our business fun Mr. Hand addressed a question to Mr. Nagy, if he is required to go to the back of that lot with a fence? LMr. Nagy stated yes. Mr. Tent asked what kind of gas will be dispensed? 9032 1Le Mr. Kropf said I will ask client if they will disclose this. Mr. Tent stated that the City does need car washes. What is your feeling towards a car wash without gas station. Mr. Kropf stated we feel that a gasoline company would give us mortgage power and we would need this for practical business reasons. Mr. Tent said you know we have an awful lot of gas stations in Livonia. You are aware what is happening in Detroit, they are over-saturated. Mr. Kropf said you need a large depth lot to get the cars off the highway. I am sorry I do not have further details. If you feel you must have them I will get more details for you that will be more beneficial to our petition. Mr. Tunis stated I am confused, how do you dispense gas and then get a car wash? Mr. Kropf explained how the customer would get rs and a card punched indicating how much gas he bought and just what the price of his car wash will be or he may just want a car wash and he is given the proper ticket. Mr. Tunis asked would the amount of gas you buy determine the price of a car wash? Are we talking car wash or a gas station in a different mode? Mr. Kropf said it is a car wash first and a gas station second. My clients are in the car wash business. Mr. Andrew questioned if this operation dispenses gas from this site, must they comply with the requirements of the waiver use that pertains to gas stations; in particular, the portion about 65% of the property owners signatures within the affected site; or, what is the difference between a "gasoline service station" and a ''car wash with gas dispensing facilities"? No definite answer was given. Mr. Kropf said we expect restrictions. Mr. Hand said this is a north-south artery. That is a lot of traffic without a car wash adding more congestion in this area. I am concerned. The businesses there now do not generate an awful lot of traffic at this time. Mr. Kropf said we will pay for a traffic light if the City will pay for their half. Mr. Andrew said if it is within a 1/2 mile from the next light this would not be possible. Mr. Tunis stated he has sat 10 to 15 minutes trying to get onto Middlebelt from a side street. That is how much traffic there is on that street now. 04, Mr. Andrew stated that a letter was received from the Livonia Education Association dated January 6, 1971 which outlines the Association's objections to the petition. Mrs. Dorothy Bruce, 29218 Broadmoor Avenue, representing Madison Civic Association was present and apprised the commission of the following: 16. 9033 They do not have a traffic signal and do not anticipate one. The area behind proposed site is vacant and is being filled in now. A greenbelt has been established in this area. Mrs. Bruce also read a letter dated January 7, 1971 with reference to area residents disapproval of this petition for a car wash. There was no one else present wishing to be heard regarding this item. Mr. Hand announced the next item on the agenda is Petition 70-11-2-27 by William Ponder, Attorney for Gary Goldberg, requesting to be granted a waiver of use permit to erect a restaurant on property located on the northeast corner of St. Martins and Middlebelt Road in the Southwest 1/4 of Section 1. Mr. Andrewbaodthat file Engineering states a appearrs too beenno storm drainage outlet for the site. Hestatedthe 20' parking spaces as shown on the plan should be 22' . Mr. Andrew stated that there is a letter on file from Mr. and Mrs. Hartom of St. Martins Avenue indicating no objection. Mr. Andrew reviewed the waiver use c'lec'7.1ist end stated tree items were not submitted. Mr. Ponder asked what the three items were. Mr. Andrew replied architectural, landscape and floor plans. Mr. Ponder statedif theseWe itemwereswill make short copiesou butewetdidVsubr4it,plensill be happy to submitt them. a . Mr. Nagy stated that Mr. Ponder, brought preliminary plans which we were able to make an evaluation ofcanefor anthevsldfhmsaetc tat time he must submit the appropriate number Mr. Ponder said we can hold up the petition if we need these. Mr. Andrew said to go ahead with presenting your petition. Mr. Ponder stated we want to erect an International House of Pancakes. It is a franchise operation and the building will changingkRUFce to Ce2PhoC 2rwas necessary aph that was shown. A zoning petition was approved to have this erection made. We have complied with all ordinances that exist now. I spoke to Mr. Nagy and he said that we do have enough land to compensate for the 22 ft. There is egress and ingres . It issarea facily affair operation. The hours are 7:00 a.m. to 11:00 p.m. 9034 Mr. Tent stated the storm drainage was a problem that was brought up. There is no resolution at this time. What are you going to do in the immediate plans for solving this problem? Mr. Ponder said we would have to work it out. I am sure there is a solution to the problem. Mr. Tent asked what type of sign advertising the product would be used? Mr. Ponder said the corporation would want to use their sign and of course they would conform to Livonia standards on signs. We would conform to what the City would want within the limits of the City Ordinance. Hr. Colomina asked Mr. Nagy if he had presented the suggested landscape plan and what is his reaction? Mr. Nagy stated yes, the plan was shown to Mr. Ponder. Mr. Ponder said that Mr. Nagy submitted to me the plan and I do not have them back from the home office in California. They will be back soon. We just do not have them at this time. Mr. Tent stated we have no indication from Mr. Ponder whether his clients would go along with these plans and if the home office would not agree then we would have a problem. We need this commitment. Mr. Ponder said I am asking you to adjourn the matter until we get the plans. Mr. Michael Matkovich, 29154 St. Martins was in the audience and asked when the petition was sent in and called to the attention of the Commission the large number of restaurants in the Livonia Mall area. Mr. Andrew answered that the petition on this particular item was filed apparently December 1, or November 30, 1970. Mr. Matkovich said I am sure that we have mail service from California. We have 30 restaurants in this area and I object to another one. There was no one else present wishing to be heard regarding this item. Mr. Hand announced the next item on the agenda is approval of revised pre- liminary plat for Livonia Mall Estates Subdivision proposed to be located on the northwest corner of Seven Mile and Sunset (if extended northerly) in the Southwest 1/4 of Section 2. The Inspection Department advises all 43 lots conform to the ordinance. *Mr. Talbot entered the meeting at this time. Mr. Nagy stated that he had received a phone call from Parks and Recreation's superintendent advising that there is no objection but suggests that a 10 ft. walkway be eliminated between lots 40 and 41. There was no one present wishing to be heard regarding this item. 9035 Mr. Hand announced the next item on the agenda is Petition 70-12-1-45 by the City Planning Commission on its own motion to rezone property located north of Six Mile Road and east of Newburgh Road in the Southwest 1/4 of Section 8, from C-2 to C-1. There was no one present to be heard regarding this item and the public hearing on it was closed by Mr. Andrew. Mr. Hand announced the next item on the agenda is Petition 70-12-1-46 by the City Planning Commission on its own motion to rezone property located on the west side of Newburgh Road and south of School- craft Road in the Northeast 1/4 of Section 30, from RUF to M-1. Mr. Phillip Barth, representing Mary Lou Carroll, owner of Lot 32 was present and apprised the commission of the following: Original size 320 ft. x 350 ft. Lots 29, 30, 31, and 32 were acquired by people he represents in 1962. The original restrictions were as follows; Lots 29, 30, and 31 may be used for residential or commercial purposesAkip and the value of the property at the time purchased was based on commercial use and subsequent to the useage, the highway has acquired this property. There is remaining 60 ft. of these three lots. 160 ft x 320 ft is what they wind up with. This was restricted to commercial use and was bought for such. Lots 32 and 33 should also be zoned commercial instead of industrial. All the mile-road corners are commercial zoned. Mr. Andrew stated I appreciate your brave comment. Do I understand that the Highway Department has acquired the property? Mr. Barth answered yes they have. My understanding is restrictions are such whatever the zonings are will be what the restrictions are. Mr. Colomina asked why was it left with M-1 and RUF? Mr. Andrew stated they did not undertake any rezoning of property that had any residential use at that time. Mr. David Abdoo, 14001 Asbury Park, Detroit, Michigan was present and is the owner of Lot 33. He indicated that he bought the house and lot in 1965 for retirement. What's going to happen? Mr. Andrew answered if this goes thru you can still live there. We cannot preclude you. You just could not add or change anything contrary to the legal zoning. Mr. Abdoo asked if it will be rezoned? Mr. Andrew stated I do not know how the vote will be. We just advise the City Council. They vote on it. 9036 Mr. Abdoo asked what about taxes? Mr. Andrew stated that property is generally taxed on use not how it is zoned. Mr. Pinto stated signatures of all property owners were not obtained. Mr. Barth answered that's right. But the majority was obtained (65%) that do want the change. Mr. Pinto said Mr. Heizel took the matter all the way to the Supreme Court. Did he sign your petition? Mr. Barth answered no, but he has no objection now because he sees it is better to sell now. There was no one else wishing to be heard regarding this item. Mr. Hand announced the next item on the agenda is Petition 70-12-1-47 by the City Planning Commission on its own motion to rezone property located on the south side of Schoolcraft and west of Newburgh Road in the Northeast 1/4 of Section 30, from RUF to M-2. Mr. Pinto stated may I assume that highway took this property just as in the preceding agenda item #6? ILO Mr. Barth indicated yes. Mr. Hand announced the next item on the agenda is Petition 70-12-1-48 by the City Planning Commission on its own motion to rezone property located at the southeast corner of Schoolcraft and Newburgh Road in the Northeast 1/4 of Section 29, from C-1 to M-1. Mr. Barth said that he has property for sale right now. It is 170 ft. x 240 ft. Mr. Andrew asked do you represent the property owned in this matter? Mr. Barth answered no, he thought the owner was going to be here this evening. There was no one else present wishing to be regarding this item. Mr. Hand announced the next item on the agenda is Petition 70-12-1-49 by the City Planning Commission on its own motion to rezone property located at the northeast corner of Plymouth Road and Sears Avenue in the Southwest 1/4 of Section 26, from C-2 to M-1. There was no one present to be heard regarding this item. On a motion duly made by Mr. Hand, seconded by Mr. Tunis and unanimously adopted, it was #1-1-71 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on January 19, 1971, at approximately 10:05 p.m. 9037 Mr. Andrew called the 225th Regular Meeting to order at approximately 10:15 p.m. with approximately the same number of interested persons in the audience as were present for the public hearing. Members present: Daniel R. Andrew Francis M. Hand Raymond Tent Robert Colomina Marvin Moser H. Dow Tunis Joseph J. Falk Charles Pinto Joseph Talbot Mr. Hand announced the first item on the agenda is Petition 70-10-3-8 by James Tringali requesting to vacate a twenty-foot wide east/west publicalley located north of and parallel to Plymouth Road between Cardwell and Deering in the Southeast 1/4 of Section 25. On a motion duly made by Mr. Colomina and seconded by Mr. Talbot, and adopted it was #1-2-71 RESOLVED that, pursuant to a public hearing having been held on January 19, 1971, on Petition 70-1G-3-8 as submitted by James Tringali requesting to vacate a twenty-foot wide east/ west public alley located north of and parallel to Plymouth Road between Cardwell and Deering in the Southeast 1/4 of Section 25, the City Planning Commission does hereby recommend to the City Council that Petition 70-10-3-8 be denied for the following reason: (1) The alley is necessary for the long-term use of the properties in the area. (2) Similar alleys existing in the area running parallel to the subject alley are in full use. (3) The alley acts as an established service lane to the buildings located adjacent to it. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of December 27, 1970, and notice of such hearing was sent to Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company and Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Talbot, Falk, Tunis, Colomina NAYS: Moser, Pinto, Hand, Andrew ABSENT: None Mr. Hand announced the next item on the agenda is Petition 70-11-2-23 by Rodney C, Kropf, Attorney for Larry J. Huggins and Dale Huggins requesting to be granted a waiver of use permit to construct and operate a new, modern car wash and to dispense gasoline on property located on the east side of Middlebelt Road between Broadmoor and Sunnydale in the Southwest 1/4 of Section 13. 9038 On a motion duly made by Mr. Tunis and seconded by Mr. Tent and unanimously adopted, it was #1-3-71 RESOLVED that, pursuant to a public hearing having been held on January 19, 1971, on Petition 70-11-2-23 as submitted by Rodney C, Kropf, Attorney for Larry J. Huggins and Dale Huggins requesting to be granted a waiver of use permit to construct and operate a new, modern car wash and to dispense gasoline on property located on the east side of Middlebelt Road between Broadmoor and Sunnydale in the Southwest 1/4 of Section 13, the City Planning Commission does hereby recommend to the City Council that Petition 70-11-2-23 be denied for the following reasons: (1) The site development, as proposed, is in conflict with the requirements of the Zoning Ordinance with respect to front yard setback, protective screen wall and on-site drainage facilities. (2) 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 neighborhood. (3) The proposed use is a high traffic generator and will conflict with the flow of traffic along Middlebelt Road. (4) The location, intensity, site elevation and periods of operation of the proposed use are such that a nuisance is likely to occur therefrom which will be obnoxious to the nearby permitted uses by reason of dust, noise, fumes and lights. 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. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is Petition 70-11-2-27 by William Ponder, Attorney for Gary Goldberg, requesting to be granted a waiver of use permit to erect a restaurant on property located on the northeast corner of St. Martins and Middlebelt Road in the Southwest 1/4 of Section 1. On a motion duly made by Mr. Tent, seconded by Mr. Colomina, and unanimously adopted, it was #1-4-71 RESOLVED that, pursuant to a public hearing having been held on January 19, 1971 on Petition 70-11-2-27 as submitted by William Ponder, Attorney for Gary Goldberg, requesting to be granted a waiver of use permit to erect a restaurant on property located on the northeast corner of St. Martins and Middlebelt Road in the Southwest 1/4 of Section 1, the City Planning Commission does hereby determine to table this item until the time of its first meeting in February, such meeting to be held on February 2, 1971, to allow the petitioner an opportunity to furnish additional 9039 needed information such as the elevation, landscape and floor plans and also some satisfactory designation pertaining to the storm sewer. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is the approval of the revised preliminary plat for Livonia Mall Estates Subdivision proposed to be located on the northwest corner of Seven Mile Road and Sunset (if extended northerly) in the Southwest 1/4 of Section 2. On a motion duly made by Mr. Pinto, seconded by Mr. Tent, and unanimously adopted, it was #1-5-71 RESOLVED that, pursuant to a public hearing having been held on January 19, 1971, the City Planning Commission does hereby recommend to the City Council that the revised preliminary plat for Livonia Mall Estates Subdivision proposed to be located on the northwest corner of Seven Mile and Sunset (if extended northerly) in the Southwest 1/4 of Section 2, be approved for the following reasons: (1) The revised road design is substantially improved; (2) the design of the proposed revised subdivision is compatible to and coordinated with the existing residential development of the area; (3) the subdivision plat meets the requirements of the R-3 zoning district and the Subdivision Rules and Regulations; and PROVIDED that, this approval is conditioned on the proprietor submitting a plan showing location of fire hydrants and water mains within thirty (30) days from the date of this resolution; and PROVIDED FURTHER that, the revised plat as herein approved be further revised to delete the pedestrian walkway between Lots #40 and #41. FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department and Parks and Recreation Department. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. IL9040 Mr. Hand announced the next item on the agenda is Petition 70-12-1-45 by the City Planning Commission on its own motion to rezone property located north of Six Mile Road and east of Newburgh Road in the Southwest 1/4 of Section 8, from C-2 to C-1. On a motion duly made by Mr. Talbot and seconded by Mr. Colomina, it was unanimously adopted #1-6-71 RESOLVED that, pursuant to a Public Hearing having been held on January 19, 1971, on Petition 70-12-1-45 as submitted by the City Planning Commission on its own motion to rezone property located north of Six Mile Road and east of Newburgh Road in the Southwest 1/4 of Section 8, from C-2 to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 70-12-1-45 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. (2) The rezoning of this land to a zoning category that allows a lesser intensity of use will make these lands more compatible with the adjacent development and have a less adverse effect upon the entire area. It will also generate less traffic. (3) The existing use presently developed on the property is a permitted use in the C-1 zoning district. (4) The 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 December 27, 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. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is Petition 70-12-1-46 by the City Planning Commission on its own motion to rezone property located on the west side of Newburgh Road and south of Schoolcraft Road in the Northeast 1/4 of Section 30, from RUF to M-1. 1LV On a motion duly made by Mr. Hand and seconded by Mr. Colomina, it was #1-7-71 RESOLVED that, pursuant to a Public Hearing having been held on January 19, 1971, on Petition 70-12-1-46 by the City Planning Commission on its own motion to rezone property located on the west side of Newburgh Road and south of Schoolcraft Road in the Northeast 1/4 of Section 30, from RUF to M-1, the City Planning Commission does hereby recommend to the City Council that Petition 9041 46, 70-12-1-46 be apprdVed for the folloWing reasons: (1) This rezoning is consistent wits the creation of an industrial belt in the lands lying between Schoolcraft and Plymouth Roads. (2) This rezoning is consistent with the Master Plan of the City of Livonia. (3) This is a logical extension of the existing zoning. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of December 27, 1970 and a notice of such hearing sent to 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 rollcall vote on the foregoing resolution resulted in the following: AYES: Colomina, Talbot, Falk, Pinto, Tent, Moser, Tunis, Hand NAYS: None ABSENT: None ABSTAIN: Andrew Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is Petition 70-12-1-47 by the City Planning Commission on its own motion to rezone property located on the south side of Schoolcraft and west of Newburgh Road in the Northeast 1/4 of Section 30, from RUF to M-2. On a motion duly made by Mr. Moser, seconded by Mr. Falk, and unanimously adopted, it was #1-8-71 RESOLVED that, pursuant to a Public Hearing having been held on January 19, 1971 on Petition 70-12-1-47 as submitted by the City Planning Commission on its own motion to rezone property located on the south side of Schoolcraft and west of Newburgh Road in the Northeast 1/4 of Section 30, from RUF to M-2, the City Planning Commission does hereby recommend to the City Council that Petition 70-12-1-47 be approved for the following reasons: (1) This rezoning is consistent with the creation of an industrial belt in the lands lying between Schoolcraft and Plymouth Roads. (2) This rezoning is consistent with the Master Plan of the City of Livonia. (3) This is a logical extension of the existing zoning. 9042 FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of December 27, 1970 and anotice eake &such Ohiohearing RailwayaCompany, sent to the Detroit Edison Q Company, Consumers Power Company and Michigan Bell Telephone Company, City Departments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is Petition 70-12-1-48 by the City Planning Commission on its own motion to rezone property located at the southeast corner of Schoolcraft and Newburgh Roads in the Northwest 1/4 of Section 29, from C-1 to M-1. On a motion duly made by Mr. Tent and seconded by Mr. Talbot, it was #1-9-71 RESOLVED that, pursuant to a Public Hearing having been held on January 19, 1971 on Petition 70-12-1-48 as submitted by the City Planning Commission on its own motion to rezone property located at the southeast corner of Schoolcraft and Newburgh Roads in the Northwest 1/4 of Section 29, from C-1 to M-1, the City Planning Commission does hereby recommend to the City Council that Petition emlik 70-12-1-48 be approved for the following reasons: 111 46, ith the on of an (1) industrialis ibelt ng sinothe slands tent wlying between iSchoolcraft and Plymouth Roads. (2) This rezoning is consistent with the Master Plan of the City of Livonia. (3) This is a logical extension of the existing zoning. (4) The Planning Commission believes the highest and best use for the lands involved is industrial. (5) The Planning Commission further believes that commercial uses should not be encouraged within the industrial belt. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of December 27, 1970 ande tcee such hihearing was to the Detroit Edison Company, aPeak � 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: ILW AYES: Moser, Colomina, Talbot, Falk, Tunis, Pinto, Tent, Hand NAYS: None ABSENT: None ABSTAIN: Andrew 9043 iir. Hand announced the next item on the agenda is Petition 70-12-1-49 by the City Planning Commission on its own motion to rezone property located at the northeast corner of Plymouth Road and Sears Avenue in the Southwest 1/4 of Section 26, from C-2 to M-1. On a motion duly made by Mr. Tunis and seconded by Mr. Hand, and unanimously adopted, it was #1=10-71 RESOLVED that, pursuant to a Public Hearing having been held on January 19, 1971/PRition 70-12-1-49 as submitted by the City Planning Commission on its own motion to rezone property located at the northeast corner of Plymouth Road and Sears Avenue in the Southwest 1/4 of Section 26, from C-2 to M-1, the City Planning Commission does hereby recommend to the City Council that Petition 70-12-1-49 be approved for the following reasons: (1) This rezoning is consistent with the creation of an industrial belt in the lands lying between Schoolcraft and Plymouth Roads. (2) This rezoning is consistent with the Master Plan of the City of Livonia. (3) This is a logical extension of the existing zoning. tie (4) The Planning Commission believes the highest and best use for the lands involved is industrial. (5) The Planning Commission further believes that commercial uses should not be encouraged within the industrial site. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of December 27, 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. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand 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 beteen Levan and Ann Arbor Road in Section 32. A motion was duly made by Mr. Pinto, seconded by Mr. Colomina, and unanimously adopted, it was #1-11-71 RESOLVED that, pursuant to a public hearing having been held on November 24, 1970 on Petition 70-11-2-22 by Greagory Saragosa re- questing to be granted a waiver 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, the City Planning Commission does hereby recommend to the City Council that Petition 70-11-2-22 be approved for the following reasons: 9044 (1) The proposed use is compatible to the surrounding land uses. (2) The proposed facility is of such a size that it will not likely cause a significant increase in traffic flow on Plymouth Road. (3) The proposed use meets the requirements of the Zoning Ordinance of the City of Livonia. with the following conditions: (1) That the site plan dated January 6, 1971 as approved by this Commission shall in all respects govern the development of this proposed facility. (2) That a landscape plan shall be submitted to the Planning Commission for its approval prior to the issuance of a building permit. (3) That such landscape plan, if approved by the Planning Commission, shall be fully implemented with all landscaping in place prior to the issuance of a Certificate of Occupancy unless such time for compliance is extended by this Commission, shall contain a statement submitted to the Commission, shall L contain a statement over the petitioner's signature that all landscaping will be maintained and such landscaping shall be maintained. (4) The building material on the north and east elevations of the building shall be face brick. 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. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is Petition 70-8-3-7 by residents and/or taxpayers in the Zimmerman and Porter's Estates Subdivision requesting the vacating of Perth Avenue located north of Schoolcraft between Newburgh Road and Stonehouse in the Southeast 1/4 of Section 19. On a motion duly made by Mr. Colomina, seconded by Mr. Tent and unanimously adopted, it was #1-12-71 RESOLVED that, having considered the recommendations of the Planning Department, the Traffic Commission, and the Livonia School Board, li the City Planning Commission does hereby determine to defer action with respect to Petition 70-8-3-7 for a period of (9) months from the date hereof; provided however, that this commission hereby recommends to appropriate authorities that the following suggestions be implemented at the earliest possible date during the aforesaid nine (9) month interim period: r. 9045 liwo (1) A road barricade should be erected by the City of Livonia across the right-of-way line of Newburgh Road. (2) Road barricades should be erected by the City of Livonia across the right-of-way of Perth Avenue at the point Perth Avenue intersects with the east and west right-of-way of Richfield Avenue. (3) The trees and other brush shall be removed at the direction of the Director of Department of Public Works that lie within the right-of-way of Perth Avenue west of Richfield Avenue and up to the east property line of Castle Gardens Subdivision #5. for the following reasons: (1) Insufficient information is available at this time with respect to the development of the Newburgh and 1-96 overpass to have a clear understanding of the traffic movements within the general area. (2) The City's Traffic Commission objects to vacating Perth Avenue. (3) The City's Fire and Engineering Departments object to vacating Perth. (4) The Livonia School Board is opposed to vacating Perth Avenue. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of December 15, 1970, and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company, Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Andrew asked -Mr. :Nagy .is it your intention to transmit a copy of this resolution to the City Council? Mr. Nagy answered yes. Mr. Hand announced the next item on the agenda is the preliminary plat approval of Glendale Industrial Subdivision located in the west 1/2 of Section 27. :,ihre On a motion duly made by Mr. Pinto, seconded by Mr. Tunis, and unanimously adopted, it was 9046 #1-13-71 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that the final plat of Glendale Industrial Subdivision located in the West 1/2 of Section 27 be approved for the following reasons: (1) It conforms to the previously approved preliminary plat. (2) All the financial obligations imposed upon the proprietor by the City have been satisfied. (3) The final plat meets the requirements of the Zoning Ordinance of the City of Livonia and the Plat Ordinance. 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 #1-7-68 adopted on January 16, 1968; and it further appearing that said proposed plat together with plans and specifications for improvements herein have been approved by the Department of Public Works, Engineering Division, under date of February 25, 1969; and it further appearing that the financial assurances required in Council Resolution #1174-70 adopted on December 16, 1970 have been filed with the City Clerk as confirmed by a letter dated January 11, 1971 from Addison W. Bacon, City Clerk, it would therefore appear that all the conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is the approval of the minutes of the meetings held by the City Planning Commission on October 20, 1970; November 24, 1970, and December 15, 1970. On a motion duly made by Mr. Colomina and seconded by Mr. Falk, it was #1-14-71 RESOLVED, that the minutes of the meeting held by the City Planning Commission on October 20, 1970 be corrected on page 8969 by changing the name of the gentleman referred to as Mr. D. Gibson, 16783 Bloomfield, to Mr. Victor Hindelang, 16783 Bloomfield, and approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Moser, Colomina, Talbot, Falk, Pinto, Hand, Andrew NAYS: None ABSENT: None ABSTAIN: Tunis IleMr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Tunis and seconded by Mr. Falk, it was 9047 #1-15-71 RESOLVED, that the minutes of the meeting held by the City Planning Commission on November 24, 1970 be corrected on page 9001 by removing the words "and unanimously adopted" from the first resolution made on Petition 69-7-1-23, and approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Colomina, Talbot, Falk, Pinto, Hand, Andrew, Tunis NAYS: None ABSENT: None ABSTAIN: Tent Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Tunis and seconded by Mr. Colomina, it was #1-16-71 RESOLVED, that the minutes of the meeting held by the City Planning Commission on December 15, 1970 be corrected on page 9019 by in- corporating Resolution #12-140-70 which was omitted, and approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Colomina, Talbot, Falk, Pinto, Hand, Tunis, Tent, Andrew NAYS: None ABSENT: None ABSTAIN: Moser Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously carried, the City of Livonia Planning Commission adjourned its 225th Regular Meeting held on January 19, 1971 at approximately 11:00 p.m. CITY PLANNING CONMISSION (MA,LA4 (32.Ak,A Francis M. Hand, Secretary ATTESTED: Daniel R. Andrew, Chairman , d'