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HomeMy WebLinkAboutPLANNING MINUTES 1971-02-23 9074 MINUTES OF THE 255th SPECIAL MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY 1!: OF LIVONIA On Tuesday, February 23, 1971, the City Planning Commission of the City of Livonia held its 255th Special Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Public Hearing to order at approxi- mately 8:25 p.m. with approximately 25 interested persons in the audience. Members present: Robert Colomina Francis M. Hand H. Dow Tunis Charles Pinto Daniel R. Andrew Marvin Moser Members absent: Joseph Talbot* Joseph J. Falk Raymond W. Tent Messrs. John J. Nagy, Planning Director; Ralph H. Bakewell, Planner III, and Robert M. Feinberg, Assistant City Attorney, were also present. Mr. Hand announced the first item on the agenda is Petition 71-2-2-4 by Sun Oil Company requesting to be granted a waiver use permit to allow the moderniza- tion and updating of present gasoline service station located on the northwest corner of Middlebelt and Schoolcraft Roads in the Southeast 1/4 of Section 23. Mr. Andrew asked Mr. Nagy to read the letter on file from the Engineering Department. Traffic is shown at right angle, it should be in an approach angle. The West corner of Middlebelt Road is incorrect, it shows widening to seven lanes. It is shown improperly. Provision should be made to provide a triangle corner to provide room for a six foot sidewalk. Six foot sidewalks should be provided on both sides. No storm sewer. Construction of sewer must be undertaken. Mr. Nowka, representing Sun Oil Company, was present and stated that in an effort to ascertain the rebuilding of this station they had circulated a petition to persons living nearby. Mr. Andrew asked Mr,. Nowka if they could revise plans per the Engineering Department's request. Mr. Nowka answered affirmatively and also stated that they had obtained State Highway permits and would cooperate with the City Planning Commission. Mr. Nowka produced a schematic of the remodeling of station to be undertaken and it was consequently studied by the Planning Commissioners. It was also noted at this time that the schematic called out a certain model T-15-Colonial Type. Mr. Tunis read the three conditions that were necessary, before any possible approval, to Mr. Nowka and then asked Mr. Nowka particularly about the upkeep of the landscaped area once the petition was granted. 9075 111: Mr. Nowka advised Mr. Tunis that as far as the landscaping material being main- tained was concerned, he would have to consult their Legal Department but was reasonably sure that they would not put the station in the hands of an individual who would not maintain the station their lease does not provide this stipulation and could only say they would not put a dealer in that would demean their efforts. Mr. Nagy advised that the Planning Commission has prepared a sketch of proposed landscaping that they will submit to Sun Oil for review. There was no further comment or ahyone else Wishing to be heard regarding this item, consequently the Public Hearing was closed. On a motion duly made by Mr. Tunis and seconded by Mr. Moser, it was unanimously adopted #2-33-71 RESOLVED that, pursuant to a public hearing having been held on February 23, 1971 on Petition 71-2-2-4 as submitted by Sun Oil Company requesting to be granted a waiver use permit to remove and rebuild its facility on a larger site area, located on the northwest corner of Middlebelt and Schoolcraft Roads in the Southeast 1/4 of Section 23, the City Planning Commission does hereby recommend to the City Council that Petition 71-2-2-4 be approved for the following reasons: (1) The standards imposed by the Zoning Ordinance relative to waiver use requirements for service stations have been met. (2) This waiver use is being granted to make the proposed station legally conform to our Zoning Ordinance so it may be re- modeled and improved, thus making it more compatible to the adjacent area. (3) The development proposal for the service station shows that it will be of relatively high calibre and quality and will make provision for landscaping and other site amenities. CONDITIONS OF APPROVAL: (1) Within three (3) months of the date of the approval a Landscape Plan shall be submitted for Planning Commission approval. (2) All landscape elements as shown on the approved Landscape Plan shall be installed prior, to the issuance of a Certificate of Occupancy. (3) All landscape material installed shall be maintained. (4) Building Elevation T-15 Colonial Type as proposed be adhered to. (5) That the requests made by the Engineering Department in letter dated February 9, 1971 be incorporated on the site plan. 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. 9076 Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. tn: Mr. Hand announced the next, item on the agenda is Petition 71-1-1-2 by John F. Dooley, Attorney for Bruce E. Pennell and Otto Bruce Corporation request- ing to rezone property located on the south side of Six Mile Road, east of Middlebelt Road in the Northwest 1/4 of Section 13, from RUF to C-2. Mr. John Dooley, representing the petitioners was present and presented some further details. He explained that his client wants to tear down and remove the building that he occupies now and build a modern florist shop as well as several retail shops such as a drugstore, hen's shop, add a cleaners. He already has commitments from sone of these people. The styling will be coordinated and will be designed in the same fashion. Mr. Dooley presented a schematic drawing for the Commission's scrutiny. Mr. Dooley also advised that they will start construction at earliest possible date since time is very critical i.e., as soon as building permit could be obtained. The letter on file from the Engineering Department dated January 28, 1971 was read by Mr. Nagy at this time. It cited lack of storm drainage immediately available to this parcel of land, and advised using the natural water course or swale ex- tending from the southerly direction. Mr. Andrew advised that a privacy wall must be constructed. There was no one else wishing to be heard regarding this item, Mr. Andrew, Chairman declared the Public Hearing closed. On a motion duly made by Mr. Colomina and seconded by Mr. Tunis, and unanimously adopted, it was #2-34-71 RESOLVED that, pursuant to a Public Hearing having been held on February 23, 1971 on Petition 71-1-1-2 by John F. Dooley, Attorney for Bruce E. Pennell and Otto Bruce Corporation requesting to rezone property located on the south side of Six Mile Road, east of Middle- belt Road in the Northwest 1/4 of Section 13, from RUF to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 71-1-1-2 be approved for the following reasons: (1) This rezoning is a logical extension of the existing C-2 Zoning District. (2) The C-2 zoning extension brings the zoning district boundaries in line with property lines. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of February 7, 1971 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company and 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. 9077 Mr. Hand announced the next item on the agenda is Petition 71-1-1-3 by Hyman Gold, Gold Construction Company, requesting to rezone property located on the north side of Six Mile Road, east of Newburgh Road in the Southwest 1/4 of Section 8, from P.S. to C-2. Mr. Andrew asked Mr. Nagy to read correspondence from the Engineering Department. In essence the letter advised that petition met with approval of their department with no engineering problems apparent. Mr. Gold was in the audience and requested to be heard. He indicated that he would build according to plans submitted with the exception of the underground parking. Mr. Colomina asked if Mr. Gold was advised of the study meeting held the previous week. Mr. Gold said he was, but he could not make it because his wife was ill. Mr. Hand asked whether the schematic that was presented was the original one. It was verified that it was. Mr. Hand asked what then requires the additional 60 feet and wasn't the rezoning granted based on that original concept? Mr. Gold stated that's right and indicated that he needs the width. Mr. Pinto remarked that when the petition was first presented they did not request the zoning of that property at that time and asked Mr. Gold why he now needs 60 feet more of commercial zoning to develop that plan. Mr. Gold replied that the bank had bought some land from him. Mr. Moser asked whether Mr. Gold would develop this complex at one time. Mr. Gold stated that he would build all together and not in "driblets". Mr. Pinto asked whether Mr. Gold could proceed with his plan without the granting of the C-2 as requested. Mr. Gold stated that without the 60 feet, not likely. Mr. Pinto asked further that if the C-2 is denied can you build? Mr. Gold answered, the way it is now, no. Mr. Hand asked Mr. Nagy if Mr. Gold needs the parcel zoned to C-2 for parking. Mr. Nagy replied that he can park with zoning as it stands now. Mr. Colomina asked what guarantee Mr. Gold could give the Commission. Mr. Gold replied that no matter what he promises or what he submits, that they could always turn it down. There was no one else wishing to be heard regarding this item, Mr. Andrew, Chairman declared the Public Hearing closed. On a motion duly made by Mr. Colomina and seconded by Mr. Tunis it was unanimously decided to table the petition and discuss it further at a subsequent study meeting. 9078 #2-35-71 RESOLVED that, pursuant to a public hearing having been held on February 23, 1971 on Petition 71-1-1-3 as submitted by Hyman Gold, Gold Construction Company, requesting to rezone property located on the north side of Six Mile Road, east of Newburgh Road in the Southwest 1/4 of Section 8, from P.S. to C-2, the City Planning Commission does hereby determine to table this matter for further study. Mr. Andrew, Chairman, declared the motion carried and the foregoing resoltuion adopted. Mr. Hand announced the next item on the agenda is Petition 71-1-1-4 by Salvatore and Lucille Provenzola requesting to rezone property located on the south side of Sunnydale Avenue between Middlebelt Road and Alexander in the Southwest 1/4 of Section 13, from RUF to R-1. Mr. Nagy read the communication from the Engineering Division which stated that if the lot is split there will be no sanitary sewer available and the responsibility for the construction of the sewer will be the homeowners. Mr. Provenzola was in the audience and explained his petition further. He wants to build a home on east 66 feet of lot 225. Mr. Andrew asked why he could not build on lot right now. Mr. Provenzola stated that there is a house on a portion of the lot now. Mr. Pinto asked if there was anything on property east on Alexander. (11110 Mr. Provenzola stated no, there is an empty lot not owned by him. Mr. Colomina asked if the reason he wanted to rezone was in an effort to obtain a lot size of 170 x 66 feet. Mr. Pinto noticed that there were two additional splits in the rear of the lot and wondered if there were homes thele now. Mr. Provenzola said no, they are two empty lots. Mr. Andrew asked how long he had owned the property. Mr. Provenzola said since August, 1970. Mr. Pinto asked Mr. Nagy how many pieces will there be. Mr. Nagy answered three. Mr. Andrew advised which is not in violation of the Plat Act. There was no one else wishing to be heard regarding this item, Mr. Andrew, Chairman declared the Public Hearing closed. On a motion duly made by Mr. Hand and seconded by Mr. Colomina, it was #2-36-71 RESOLVED that, pursuant to a Public Hearing having been held on February 23, 1971 on Petition 71-1-1-4 as submitted by Salvatore and Lucille Provenzola requesting to rezone property located on the south side of Sunnydale Avenue betweeen Middlebelt Road and Alexander in the Southwest 1/4 of Section 13, from RUF to R-1, the City Planning Commission does hereby recommend to the City 9079 Planning Commission does hereby recommend to the City Council that retition 71-1-1-4 oe aeniea for the totlowing reasons: (1) The zoning pattern of the general area does not justify changing a small parcel of land to a higher density. (2) Theoretically, this would constitute spot zoning because it is small in area and unrelated to the overall zoning pattern of the area. (3) The Commission generally believes it is in the best interest of the City to maintain lower population densities so as to lessen the burden on community facilities and public utilities. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of February 7, 1971 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Colomina, Moser, Pinto, Hand NAYS: Tunis, Andrew ABSENT: Falk, TAlbot, Tent Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is Petition 71-1-3-1 by the City Planning Commission, initiated by Council Resolution #1173-70 pursuant to Ordinance #29, as amended, requesting to vacate a portion of the recorded streets within the recorded Castle Gardens Subdivision #7 located on the east side of Eckles Road, north of Schoolcraft in the West 1/2 of Section 19. A letter on file dated January 20, 1971 indicates that vacating of streets meets with approval of Engineering Department. Iir. Cervi, 39169 Ross, Schoolcraft Village, was present and wanted to know if the homes that will be put in this area will have basements, etc. Mr. Nagy said that the homes are not being built by the same proprietor but that the petitioner indicated that the homes will be compatible to those existing in the area now. Mr. Douglas, 39292 Ross, also in the audience and wanted to know what's being vacated and what's being put in. Mr. Nagy explained that due to the expressway Eckles Road will not be a full mile road and will parallel the expressway. Ultimately it will tie in with Five Mile Road and these streets will tie into Eckles Road which in effect will be a typical residential road. There was no one else wishing to be heard regarding this item, Mr. Andrew, Chairman declared the Public Hearing closed. 9080 On a motion duly made by Mr. Tunis and seconded by Mr. Hand and unanimously adopted, it was #2-37-71 RESOLVED that, pursuant to a public hearing having been held on February 23, 1971, on Petition 71-1-3-1 by the Planning Commission, initiated by Council Resolution #1173-70 pursuant to Ordinance #29, as amended, requesting to vacate a portion of the recorded streets within the recorded Castle Gardens Subdivision #7 located on the east side of Eckles Road, north of Schoolcraft in the West 1/2 of Section 19, the City Planning Commission does hereby recommend to the City Council that Petition 71-1-3-1 be approved for the following reasons: (1) It is consistent with the previous action taken by the Planning Commission and City Council in vacating the old plat known as Castle Gardens Subdivision #7. (2) It will allow for the replatting of the land in a more consistent manner due to the impact the proposed I-275/I-96 Freeway has had upon the area. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of February 7, 1971 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. Andrew, Chairman declared the motion carried and the foregoing resoltuion adopted. Mr. Hand announced the next item on the agenda is Petition 71-1-2-1 by Mobil Oil Company requesting to be granted a waiver of use permit to construct a three-bay service station on property located on the northeast corner of Schoolcraft and Middlebelt Roads in the South- west 1/4 of Section 24. Mr. Wortley, Attorney representing Mobil Oil Company was present and submitted photographs of proposed station as well as aerial view in relation to the proposed expressway to the Commission for review. Mr. Dale Thurston, 14206 Alexander, Vice-President of Compton Village Civic Association was present and made the Commission aware of his association's feelings toward this gas station. They are opposed to the gas station being erected on this corner, and feel the land could be put to better use. He also indicated that they feel it is flagrant use of spot-zoning. The Association asks the Planning Commis- sion to refuse the petition of Mobil Oil Company. Mr. Wortly apprised the commission that the petition is replacement of a service station and is nearest available site to put it. Mobil has only eleven stations in Livonia. Mobil has an excellent reputation with the City of Livonia. Mr. Nagy read the Engineering Division Letter dated January 28, 1971 stating there is no storm sewer immediately available to this site and that a dedication of Middlebelt right-of-way will be required. There was no one else wishing to be heard regarding this item, Mr. Andrew, Chairman declared the Public Hearing closed. 9081 On a motion duly made by Mr. Hand and seconded by Mr. Moser, and unanimously ttiO adopted, it was #2-38-71 RESOLVED that, pursuant to a public hearing having been held on February 23, 1971 on Petition 71-1-2-1 as submitted by Mobil Oil Company requesting to be granted a waiver of use permit to construct a three-bay service station on property located on the northeast coiner of Schoolcraft and Middlebelt Roads in the Southwest 1/4 of Section 24, the City Planning Commission does hereby recommend to the City Council that Petition 71-1-2-1 be denied for the following reasons: (1) The proposed use would not be in harmony and appropriate with the orderly development of the surrounding area. (2) The location and size of the proposed use, the nature and intensity of the principal use and the accessory uses, the site layout and its relationship to streets giving access, shall be such that the traffic to and from the use will be hazardous and inconvenient to the neighborhood and will un- duly conflict with the normal traffic of the neighborhood. (3) The location of the building and its accessories will be such that the proposed use will have a detrimental effect upon the neighboring property and the neighboring area in general. It may impair the value of the neighboring property te and discourage the appropriate development and use of the adjacent land or buildings. (4) The location, size and intensity, site layout and periods of operation of the proposed use can cause a nuisance which may be noxious to the occupant of any other nearby permitted use by reason of dust, noise, fumes and lights. (4) The location, size and intensity, site layout and periods of operation of the proposed use can cause a nuisance which may be noxious to the occupant of any other nearby permitted use by reason of dust, noise, fumes and lights. (5) The area is already being serviced by similar services and there is no need for additional facilities of this type at this location at this time. 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. Iir. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is Petition 71-1-2-2 by Stanley Lerash requesting to be granted a waiver of use permit for a proposed addition to existing Chalet Cocktail Lounge and Restaurant loacted on the south side of Plymouth Road, east of Eckles Road, in the Southwest 1/4 of Section 30. 9082 A letter is on file from the Wayne County Road Commission and from the Engineer- ing Department. Mr. Pinto asked whether site plan shows anything existing or porposed on City owned property. Mr. Nagysaid yes, the plan that was submitted shows that the petitioner would like to have egress and ingress on City property but has provided parking west of the existing building on property that he owns. Mr. Pinto asked why he had to use City owned property. He also stated he thought it was presumptuous. Mr. Pinto asked Mr. Nagy if he recommended this. Mr. Nagy indicated that he did. Mr. Pinto stated that the Chalet Cocktail Lounge and Restaurant should legit- imatize the crossing of City property so that the City is releived of all liability. Mr. Lerash, owner of the Lounge was present and he stated that he had inherited the Lounge 2 1/2 years ago and also that he owns 3 3/4 acres there and he can provide all the parking on property he owns. Mr. Pinto replied that he was just saying that if they do use it, that it be legitimatized. Mr. Andrew noted that site plan did not show any encroachment on City plan. Mr. Colomina asked Mr. Lerash if they were parking on City property. Mr. Lerash indicated that they were. Mr. Colomina asked if they would stop using this as parking area and also blockout the existing parking lines drawn on the property. Mr. Lerash said they would. Mr. Nagy suggested that the matter be taken up with the Legal Department in re- gard to relieving the City of any liability. There was no one else wishing to be heard regarding this item, Mr. Andrew, Chairman declared the Public Hearing closed. On a motion duly made by Mr. Moser and seconded by Mr. Tunis, the following resolution was adopted #2-39-71 RESOLVED that, pursuant to a public hearing having been held on February 23, 1971 on Petition 71-1-2-2 by Stanley Lerash request- ing to be granted a waiver of use permit for a proposed addition to existing Chalet Cocktail Lounge and Restaurant located on the south side of Plymouth Road, east of Eckles Road, in the Southwest 1/4 of Section 30, the City Planning Commission does hereby recommend 1„„, to the City Council that Petition 71-1-2-2- be approved for the following reasons: (1) This is a modest and compatible expansion to the existing facility. 9083 (2) The building addition appears to be a significant architectural improvement to the existing structure. CONDITIONS OF APPROVAL (1) That the architectural plan dated January 25, 1971 by Anderson- Reinke & Associates be adhered to. (2) That the revised site plan dated January 16, 1971 prepared by the Planning Department and agreed to by the petitioner be adhered to. (3) That all landscape material as shown on the approved plan be installed and maintained. FURTHER RESOLVED, that notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Colomina, Moser, Pinto, Tunis, Hand, Andrew NAYS: None ABSENT: Tent, Falk ABSTAIN: TAlbot* Mr. Talbot entered the meeting at this time. Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. Mr. Andrew called a 10 minute recess at 10:00 p.m. The meeting was resumed at 10:10 p.m. Mr. Hand announced the next item on the agenda is Petition 71-2-2-3 by Eugene Schneider for Campers Paradise Recreational Equipment Company requesting to be granted a waiver of use permit to display, store, rent and/or sell camping and travel trailers on property located on the north side of Plymouth Road, east of Haller in the Southwest 1/4 of Section 25. Mr. Andrew stated that there were no letters on file. Mr. Gene Schneider, petitioner was in the audinece and the Commission commended him for his talented display of Campers Paradise. There was no one else wishing to be heard regarding this item, Mr. Andrew, Chairman declared the Public Hearing closed. On a motion duly made by Mr. Tunis and seconded by Mr. Pinto and unanimously adopted, it was 9084 #2-40-71 RESOLVED that, pursuant to a public hearing having been held on February 23, 1971 on Petitioh /1-2.2-i by tugene Schneider for Campers Paradise Recreational Equipment Company requesting to be granted a waiver of use permit to display, store, rent and/or sell camping and travel trailers on property located on the north side of Plymouth Road, east of Haller in the Southwest 1/4 of Section 25, the City Planning Commission does hereby recommend to the City Council that Petition 71-2-2-3 be approved for the following reasons: (1) It is a reasonable use for the property. (2) All conditions of the Zoning Ordinance have been complied with. CONDITIONS OF APPROVAL: (1) That the site plan dated February 16, 1971 be adhered to. (2) That all landscaping as shown on the approved plan be installed and maintained. (3) That no travel trailer longer than 35 ft. in length from tongue to bumper be displayed, stored, rented or sold at this site. FURTHER RESOLVED, that notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. 1[11; Mr. Andrew, Chairman declared the motion carried and the foregoing adopted. * * * * * * * * * * * Mr. Hand announced the first item on the agenda is letter dated February 11, 1971 from Jerome Schostak requesting withdrawal of Petition 70-12-8-10 for site plan approval of K-Mart proposed to be constructed on the north- west corner of Farmington and Seven Mile Road in the Southeast 1/4 of Section 4. On a motion duly made by Mr. Tunis, seconded by Mr. Talbot and unanimously adopted, it was #2-41-70 RESOLVED that, based upon the communication received February 11, 1971 from Schostak Brothers & Company, Inc. , requesting to withdraw Petition 70-12-8-10, the City Planning Commission does hereby determine to allow the withdrawal of Petition 70-12-8-10 and deems that no further action by the City is required. REASON: (1) The original site plan has been superseded by a new site plan which complies with all of the Ordinance requirements imposed by the City of Livonia. Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. 9085 j. Mr. Hand announced the next item on the agenda is Petition 71-2-8-1 by Schostak Brothers requesting approval of revised site plan for K-Mart proposed to be constructed on the northwest corner of Farmington Road and Seven Nile Road in the Southeast 1/4 of Section 4. On a motion duly made by Mr. Talbot and seconded by Mr. Pinto, the following resolution was adopted, #2-42-7/ 2-42-7 RESOLVED that, the City Planning Commission, pursuant to Section 11.03 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #606, having reviewed Site Plan #7082 for K-Mart #4430, presented in connection with Petition 68-4-1-10 approved by the City Planning Commission Resolution #5-57-68 adopted on May 21, 1968, does hereby recom- mend to the City Council that Petition 71-2-8-1 as submitted by Schostak Brothers requesting site plan approval for a K-Mart development proposed to be constructed on the northwest corner of Farmington Road and Seven Mile Road in the Southeast 1/4 of Section 4, be approved for the following reasons: (1) The site plan complies with all the applicable Zoning Ordinance requirements of the City of Livonia. (2) The proposed development is of substantial architectural calibre and quality to merit approval. te CONDITIONS OF APPROVAL (1) That Site Plan #7082 for K-Mart #4430 shall be adhered to. (2) That Architectural Drawing #7082 showing building elevations be adhered to. (3) That all landscape material as shown on the Landscape Plan shall be installed before the issuance of a Certificate of Occupancy. (4) That all landscape material installed on the site shall be permanently maintained. A roll call vote on the foregoing resolution resulted in the following: AYES: Colomina, Pinto, Talbot, Hand, Andrew NAYS: None ABSTAIN: Moser, Tunis ABSENT: Falk, Tent Mr. Andres, Chairman, declared the motion carried and the foregoing resolution adopted. 9086 Mr. Hand announced the next item on the agenda is Petition 70-12-8-9 by , Volk & London, Architects, tegttesting site plan approval for Trinity Park Housing forthe Elderly proposed to be located on the east side of Middlebelt Rodd south of Jamison Avenue in Section 24. On a motion duly made by Mr. Moser and seconded by Mr. Talbot, the following resolution was adopted #2-43-71 RESOLVED that, the City Planning Commission pursuant to Section 29.02 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinante 774, having reviewed Site Plan #1707, BA-1 dated February 23, 1971 presented in connection with Petition 70-5-1-16 approved by the City Planning Commission Resolution #6-63-70 adopted on Jodie 9, 1970, does hereby recommend to the City Council that petition 70-12-.8-9 by Volk & London, Architects requesting site plan approval for Trinity Park Housing for the Elderly proposed to be located on the east side of Middle- belt Road south of Jamison Avenue in Section 24, be approved for the following reasons: (1) It complies with all the applicable Ordinance requirements of the City of Livonia. (2) It is consistent with the plan presented at the time the zoning change was granted to facilitate the development of a housing project for the elderly. CONDITIONS FOR APPROVAL (1) That Site Plan #1707, BA-i dated February 23, 1971 shall be adhered to. (2) That ARchitectural Drawings #1707, Sheel A-4, A-6, and A-7 shall be adhered to. Mr. Andrew asked Mr. Nagy whether a member of the civic association from this area was notified. Mr. Nagy advised Mr. Andrew that no member of the civic association was notified due to an oversight. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Pinto, Talbot, Hand, Andrew NAYS: Colomina because of the fact that the civic association was not contacted and advised of this meeting. ABSENT: Tent, Falk ABSTAIN: Tunis because of the fact that the civic association was not contacted and advised of this meeting. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. 9087 Mr. Hand announced the next item on the agenda was a letter dated January 30, 1971 from Elliott C. Schubiner requesting approval of modifications of Site Plan (Petition 68-1-8-1) for Merriman Park Apartments located on the east side of Merriman Road, south of Eight Mile Road in the Northwest 1/4 of Section 2. On a motion duly made by Mr. Colomina and seconded by Mr. Hand and unanimously adopted, it was #2-44-71 RESOLVED that, pursuant to the communication from Elliott Schubiner dated January 30, 1971 requesting to modify the previously approved site plan (Petition 68-1-8-1) for Merriman Court Apartments relating to the requirement of carports wherein he proposes to build 62 along the northerly portion of the property as it ahuts the manufacturing district and 12 carports on the southerly edge of the property as it abuts the Church site and hold in abeyance the balance of the car- ports (57) for a 12 month period, the City Planning Commission does hereby recommend to the City Council that request be denied for the following reasons: (1) Carports will help to increase the quality of the project. (2) Carports are a desirable amenity that will help maintain the livability of the project through time. (3) the tegdited number of carports, as agreed upon, was es- tablished on the basis of slightly less than a one-to-one tatib which is not an unreasonable requirement. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted Mr. Hand announced the next item on the agenda is Final Plat approval for Tiffany Park Subdivision #5 proposed to be located in the West 1/2 of Section 19. (Public Heating Match 4, 1969) On a motion duly made by Mt. Tunis and seconded by Mr. Pinto and unanimously adopted, it was #2-45-71 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that the final plat of Tiffany Park Subdivision #5 proposed to be located in the West 1/2 of Section 19, 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 of Livonia have been satisfied. (3) The final plat meets the requirements of the Zoning Ordinance and the Plat Ordinance of the City of Livonia. 9088 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 #3-33-69 adopted on March 4, 1969, 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 January 12, 1971; and it further appearing that the financial assurances required in Council Resolution #1225-69 adopted on November 3, 1969 have been filed with the City Clerk as confirmed by a letter dated Detember 11, 1970 from Addison W. Baton, 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 was a letter dated February 15, 1971 from Consumers Power Company requesting the withdrawal of Petition 67-1-2-1 for a waiver use permit to construct a gas distribution regulator station on property located on the west side of Newburgh Road south of Northland Road, in the Southeast 1/4 of Section 6. On a motion duly made by Mr. Moser, seconded by Mr. Pinto and unanimously adopted, it was #2-46-71 RESOLVED that, pursuant to request dated February 15, 1971 from Consumers Power Company, the City Planning Commission does hereby approve the withdrawal of Petition 67-1-2-1 requesting to construct a gas distribution regulator station on property located on the west side of Newburgh Road south of Northland Road, in the South- east 1/4 of Section 6, for the following reason: (1) This site is no longer needed for the intended purpose. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is Petition 69-6-7-8 by the City Planning Commission to amend Part V of the Master Plan of the City of Livonia, the Master School & Park Plan, so as to delete Parcel D-12 located on the north side of Seven Mile Road, west of Osmus Avenue in the Southeast 1/4 of Section 3. On a motion duly made by Mr. Pinto, seconded by Mr. Talbot and unanimously adopted, it was #2-47-71 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission 0/114 of the City of Livonia having duly held a public hearing on August 12, 1969 for the purpose of amending Part V of the Master IL; Plan of the City of Livonia, entitled "The Master School and Park Plan", the same is hereby amended so as to delete Parcel D-12 located on the north side of Seven Mile Road, west of Osmus Avenue in the Southeast 1/4 of Section 3, legally described as: 9089 That part of the S. E. 1/4 of Section 3, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as begin- ning at the S. quarter corner of Section 3 and proceeding thence N. 0° 35' 46" W. along the N. and S. quarter section line 848.28 feet; thence S. 89° 36' 50" E. 160.47 ft. ; thence along the boundary of the Spring Valley Subdivision S. 0° 34' 40" E. 50.0 feet; thence S. 30° 00' 00" E. 235.00 feet; thence S. 53° 00' 00" E. 230.00 feet; thence S. 85° 06' 16" E. 225.25 feet; thence S. 89° 56' 29" E. 0.59 feet to a point; thence S. 0° 17' E. 435.60 feet to the center line 679.60 feet to the point of beginning. (1) There is no necessity for this amendment since the lands in question have been acquired for park purposes. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commissinn does hereby adopt said amendment as part of the Master School and Park Plan of the City of Livonia, which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission, with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk, and the City Planning Commission; and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is Petition 69-7-7-9 by the City Planning Commission on its own motion to amend Part V of the Master Plan, the Master School and Park Plan, so as to delete property located south of Pembroke Avenue between Merriman Court and Sunset Boulevard in the Southwest 1/4 of Section 2. On a motion duly made by Mr. Hand, seconded by Mr. Tunis and unanimously adopted, it was #2-48-71 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia having duly held a public hearing on September 16, 1969 for the purpose of amending Part V of the Master Plan, the Master School and Park Plan, the same is hereby amended so as to delete property located south of Pembroke Avenue between Merriman Court and Sunset Boulevard in the Southwest 1/4 of Section 2, legally described as follows: That part of the S. W. 1/4 of Section 2, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan described as being $14C the south 180 feet of the north 1370 feet of the east 35 acres of the west 1/2 of S. W. 1/4 of said Section 2, Parcels N2 and Nlala. 9090 For the following reasons: (1) It is consistent with the actual purchase of lands for park purposes. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of the Master School and Park Plan of the City of Livonia, which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission, with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk, and the City Planning Commission; and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is a motion by the City Planning Commission pursuant to Council Resolution #434-69 requesting the Planning Commission to hold a public hearing, on its own motion, to determine whether or not to rezone property located east of Levan, south of Lyndon in the Northeast 1/4 of Section 20, from R-2 to R-1. On a motion duly made by Mr. Tunis and seconded by Mr. Pinto and unanimously adopted, it was #2-49-71 RESOLVED that, the City Planning Commission, pursuant to Council Resolution #434-69 and 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 east of Levan, south of Lyndon in the Northeast 1/4 of Section 20, from R-2 to R-1, being legally described as follows: Lots 1, 2 and 3 inclusive of Levan Heights Subdivision as recorded in Liber 91, Page 39, of Wayne County REcords, said plat being a part of Section 20, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. 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. Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. 9091 Mr. Hand announced the next item on the agenda is a motion by the City Planning Commission pursuant to Council Resolution #866-70 requesting the Planning Commission to hold a public hearing, on its own motion, to determine whether or not to rezone property located south of Six Mile Road west of Middlebelt in the Northeast 1/4 of Section 14, from C-2 and RUF to R-5. On a motion duly made by Mr. Pinto, seconded by Mr. Colomina and unanimously adopted, it was #2-50-71 RESOLVED that, the City Planning Commission pursuant to Council Resolution #866-70 and 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 locdted south of Six Mile Road west of Middlebelt in the Northeast 1/4 of Section 14, from C-2 and RUF to R-5, being legally described as follows: Lots 1 through 9 both inclusive Livrance Estates Subdivision as recorded in Liber 67, Page 10, Wayne County, REcords, said subdivision being part of the N. E. 1/4 of Section 14, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. 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. Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda as a motion by the City Planning Commission to hold a public hearing, on its own motion, to determine whether or not to rezone property located on the north side of Schoolcraft Road, east of Middlebelt Road in the Southwest 1/4 of Section 24, from C-2 to P.O. On a motion duly made by Mr. Moser, seconded by Mr. Hand and unanimously adopted, it was #2-51-71 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 Schoolcraft Road, east of Middlebelt Road in the Southwest 1/4 of Section 24, from C-2 to P.O. ; being legally described as follows: The south 300.00 ft. of Bureau of Taxation Parcel 24AA1, excepting those parts thereof conveyed or used for high- way purposes. Said parcel being more particularly des- cribed as part of the west 1/2 of the S. W. 1/4 of Section 24, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. 9092 ILO 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. Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted Mr. Hand announced the next item on the agenda is a motion by the City Planning Commission to hold a public hearing, on its own motion, to determine whether or not to rezone property located north of Seven Mile Road, west of Farmington Road in the Southeast 1/4 of Section 4, from C-2 to RUF. On a motion duly made by Mr. Colomina, seconded by Mr. Tunis and unanimously adopted, it was #2-52-71 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 north of Seven Mile Road, west of Farmington Road in the Southeast 1/4 of Section 4, from C-2 to RUF, being legally described as follows: That part of the S. E. 1/4 of Section 4, T. 1 S. , R. 9 E. , /Ai' City of Livonia, Wayne County, Michigan, described at a point distant N. 0° 00' 50" W. along the East line of said Section 4, said east line being the centerline of Farmington Road, 675.00 feet, and S. 89° 57' 10" W, 501.20 feet from the S. E. corner of said Section 4; proceeding thence from said point of begin- ning S. 89° 57' 10" W, 445:00 ft:; thence N. 0° 00' 50" W. 25:00 ft.; thence N. 62° 55' 45" E, 275.11 ft. ; thence N. 89° 57' 10" E, 200.00 ft: ; thence S. 0° 00' 50" R. 150.00 ft: to the point of beginning, containing ;1:18 acres more or less as determined from Wayne Confity Records. 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 ameiicied, and that there shall be a report subMitted aitid reCoirnefidatinn thereon to the City Council. ,•; J, Mi. Andrew Chairemat Iudeclared the motion arried and the foregoing .tee adopted. Mr. Hand announced the next item on the agenda is a motion by the City Planning Commission to hold a public hearing, on its own motion, to determine whether or not to rezone property located on the northwest corner of Seven Mile Road and Farmington Road in the Southeast 1/4 of 11, Section 4, from C-2 to P.S. 9093 On a motion duly made by Mr. Pinto, seconded by Mr. Moser and unanimously 1110 adopted, it was #2-53-71 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 northwest corner of Seven Mile Road and Farmington Road in the Southeast 1/4 of Section 4, from C-2 to P.S. being legally described as follows: That part of the S. E. 1/4 of Section 4, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as begin- ning at the intersection of the W. line of Farmington Road (120 ft. wide) and the N. line of Seven Mile Road (120 ft. wide) said point of beginning being distant N. 0° 00' 50" W. 60.00 ft. and S. 89° 57' 10" W. 60.00 ft. from the S. E. corner of said Section 4; proceeding thence from said point of beginning S. 89° 57' 10" W. along the N. line of Seven Mile Road 145.00 ft.; thence N. 0° 00' 50" W, 145.00 ft. thence N. 89° 57' 10" E, 145.00 ft. to the west line of Farmington Road, thence S. 0° 00' 50" E, 145.00 ft. to the point of beginning, containing 0.48 acres more or less as determined from Wayne County Records. 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 (01 shall be a report submitted and recommendation thereon to the City Council. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda was approval of the minutes of meetings held by the Planning Commission on January 19, 1971 and January 26, 1971. On a motion duly made by Mr. Hand, seconded by Mr. Tunis, and unanimously adopted, it was #2-54-71 RESOLVED that, the minutes of the meeting held by the City Planning Commission on January 19, 1971 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Colomina, Moser, Pinto, Talbot, Tunis, Hand, Andrew ABSENT: Falk, Tent Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. #2-55-71 RESOLVED that, the minutes of the meeting held by the City Planning Commission on January 26, 1971 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Colomina, Moser, Pinto, Talbot, Tunis, Hand, Andrew ABSENT: Falk, Tent Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda was a motion by the City Planning Commission to hold a public hearing, on its own motion, to determine whether or not to amend Ordinance #543, the Zoning Ordinance, by adding Article XXIV, C-3 District Regulations. On a motion duly made by Mr. Talbot, seconded by Mr. Pinto and unanimously adopted, it was #2-56-71 RESOLVED that, the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to amend Ordinance #543, the Zoning Ordinance, by adding Article XXIV, C-3 District Regulations. 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 110: City Council. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda was a motion by the City Planning Commission to hold a public hearing, on its own motion, to determine whether or not to amend Section 11.03 of Ordinance #543, the Zoning Ordinance, so as not to conflict with the proposed C-3 District Regulations. On a motion duly made by Mr. Talbot, seconded by Mr. Pinto and unanimously adopted, it was #2-57-71 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 amend Section 11.03 of Ordinance #543, the Zoning Ordinance, so as not to conflict with the proposed C-3 District Regulations. 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. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. 9095 160 On a motion duly made by Mr. Colomina, seconded by Mr. Tunis, and unanimously adopted, it was #2-58-71 RESOLVED that, the City Planning Commission, having reviewed the revised site plan wherein a reduction in the number of bowiing lanes from 28 to 20 is proposed, submitted in connection with 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 35, does hereby approve the revised site plan for the following reasons: (1) The total site area as originally proposed for the bowling center has been reduced in size. (2) The same size center cannot be accommodated on a smaller parcel of land. On a motion duly made, seconded and unanimously carried, the City of Livonia Planning Commission adjourned its 255th Special Meeting held on February 23, 1971 at approximately 10:55 p.m. CITY PLANNING COMMISSION •{/01# Fi\ALA-A, 4.4 FVrancis M. Hand, Setretary ATTESTED: c- Danie R. Andrew, Chairman