HomeMy WebLinkAboutPLANNING MINUTES 1971-04-20 9125
Z I TES OF THE 256th SPECIAL MEETING
AND A PUBLIC HEARING HELD BY THE CITY
PLANNING COT,MISSION OF THE CITY OF
LIVONIA
On Tuesday, April 2), 1`371, the City Planning Commission of the City of Livonia
}dead its 236th S2ecial _Meeting and a Public Hearing at the Livonia City Hall,
33001 Five ;file Eoad, Livonia, Michigan.
'rrr. Daniel Andrew, Chairman, called the Special Meeting to order at 8:20 p.m. with
approximately 125 people in the audience.
Mem era p•reaeAt: Dwniel R. Andrew Marvin Moser Robert Colomina
Charles Pinto Francis M. Hand Joseph J. Talbot
;y''ary„e z absent: Joseph J. Falk Raymond W. Tent H. Dow Tunis
: essMs. John J. ;cagy, Planning Director; H. G. Shane, Planner III; S. Allen Nowak,
Planner I; and aobert M. Feinberg, Assistant City Attorney were also present.
_ir.. Head, Secretary, announced the first item on the agenda as Petition 71-3-1-12
by Angelo =•;az eocco requesting to rezone property located on the
northwest corner of Schoolcraft and Stark Road in the Southeast
1(4 of Section 21, from RUF to P.S.
te At.. Andrew, Chairman, asked Hr. Nagy, Planning Director if there were any letters
on file.
Mr. Nagy read a letts'r from the Engineering Department which indicated there was
no objection to the rezoning. He also stated that there were eight letters of
Cbiect:ion on file from residents of Henderson and Schoolcraft Subdivisions.
:r. Gref;ory Stel,ien, attorney representing Mr. Hazzocco was present and explar-.
that t;.ey would like to build a building with the function being professional
services. The primary tenants being attorney offices of Cummings, McClancy,
Mar.nin and Ste:v1en• There would also be a second floor which they would like to
lease to other tenants. He pointed out that in his estimation it would not be
spot zrjetn7eelc'eL.3$ ;+,y the super highway coming through on Schoolcraft and .
that trend south of Schocicraft is already heavy industrial area and more will
cola,
Hr. Florezv e ;chl, 53)53 Schoolcraft (Lot 32B and part of 33A) was present and
• ject�.d to the rezoning and the structure to be put on that piece of land.
ir. .Bis_'. 7;a-,;,ett, 1435 Stamford (Lot 15 and 16) was present and he stated that
. :ati _l - ..1 ter Plan i3 changed he did not think that any rezoning should be
,done.. He wns 2.2.re that everyone on Stamford Street would object to the rezonirZ-
,._s. \-2...:,a,,-.1y, 3.34.. Schoolcraft was present and she stated that this is the last
r•
lot __'t . ,,ey .o not Z=et it: should be zoned P.S.
toe r C-,1-,--'-z ac !;t_;;, :.-inedy how she felt about her property abutting the
i 7. :opC3c'_l •el:iret-� af
4s t: t. <d o i choy 1a ?ived there since 1949 and the expressway wouldn't
uv �; -, .�: to there living there ar not.
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Mrs. Goodman, 30840 Schoolcraft asked Mr. ColOitJna it he utas inferring that all
the homes were going to be taken out of therei
Ir. Colomina said no, he had just asked the question in order to verify if there
were objections to the expressway.
Mr. Talbot directed his question to the four people who had spoken previously
namely, Mehl, Bassett, Kennedy and Goodman. He asked whether they would erect a
residence on that corner now?
Mr. Goodman replied no, but it's bad enough now.
Mr. Pinto asked Mr. Stempien whether they had a purchase agreement with Mr.
Mazzocco that was contingent on the site being rezoned.
Mr. Stempien stated they did.
Mr. Andrew, Chairman, declared the public hearing on this item closed.
Mr. Talbot made a motion to approve Petition 71-3-1-12. Because of the lack of a
s•.pporting notion, Mr. Andrew declare:' the motion failed.
Mr. Moser made a motion that Petition 71-3-1-12 be denied. Mr. Colomina seconded
the motion and a roll call vote resulted in the following:
1110' AYES: Pinto, Colomina, Moser
NAYS: Talbot, Hand, Andrew
ABSENT: Falk, Tent, Tunis
Mr. Andrew, Chairman, declared the motion failed because of a tie vote.
On a motion duly made by Mr. Andrew and seconded by Mr. Hand and unanimously
adopted it was:
#4-93-71 RESOLVED that, pursuant to a public hearing having been held
on April 20, 1971 on Petition 71-3-1-12 as submitted by Angelo
Mazzocco requesting to rezone property located on the northwest•
corner of Schoolcraft and Stark Road in the Southeast 1/4 of
Section 21, from RUF to P.S., the City Planning Commission
does hereby determine to table this item until the time of its
Planning Study Meeting.
Mr. Pinto, Acting Chairman, declared the motion carried and the foregoing
resolution adopted.
Mr. Hand announced the next item on the agenda is Petition 71-3-1-12 by Leonard
E. and Iris F. Hunter requesting to rezone property located on the
southwest corner of Middlebelt and Munger in the Northeast 1/4
of Section 14, from RUF to C-1.
Mr. Andrew asked Mr. Nagy to read letters on file.
Mr. Nagy read letter from Consumer Power which indicated no objection to proposed
rezoning. The Engineering Department reviewed rezoning request and finds no
problems from an engineering standpoint.
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Nicholas Smith, Attorney practicing in Detroit and representing Mr. and Mrs.
Leonard Hunter was present and apprised the commission that the rezoning was
being sought because of a purchase agreement entered into for a local shopping
area which would be a one story Chalet-type structure to house specialty stores.
It would encompass ten individual or five double units.
Mr. Hand told Mr. Smith that in the best interest of residents, a good buffer is
a P.S. and not a Commercial zoning.
Mr. Moser asked Mr. Smith if they were "married" to this plan.
Mr. Smith said that it was their first proposal, that was all.
Mr. Pinto asked Mr. Nagy if the description in the engineering department letter
coincides with petition for rezoning.
Mr. Nagy replied that the Engineering Department indicated that approximately
1/3 of the southerly portion of Lot 41 should be deleted.
Mr. Pinto asked Mr. Smith if his petition included that part of the southerly
portion of Lot 41 which the Engineering Department designated as a flood plain.
Mr. Smith said that they would use the sloped portion of flood plain for surface
parking. Mr. Smith also made the statement that the flood plain would be filled.
Mr. Loveless, 29447 Munger, second lot west of property in question Vas present
and stated that he did not know what the Planning Commission was talking about.
Namely what other parcels in this area are affected, and what Mr. Smith's state-
ment that the flood plain was to be filled?
Mr. Andrew said the Engineering Department would look at this very carefully and
assured him that the Engineering Department would not allow the filling in of the
flood plain.
Mr. Loveless at this point advised Mr. Andrew that he opposed this situation
very much.
Mr. Victor Gearhart, Lot #42 was present and indicated that he opposed the rezoning.
Mr. Waldo, 29521 Munger, third lot west, objects to rezoning.
Mr. Pinto asked if this property qualifies for site plan approval.
Mr. Nagy stated that it did not.
Mr. Andrew, Chairman, declared the public hearing on this petition closed,
On a motion duly made by Mr. Moser, seconded by Mr. Talbot, it was
RESOLVED that, pursuant to a public hearing having been held on
April 20, 1971 on Petition 71-3-1-13 as submitted by Leonard E.
and Iris F. Hunter requesting to rezone property located on the
southwest corner of Middlebelt and Munger in the Northeast 1/4
of Section 14, from RUF to C-1, the City Planning Commission does
hereby determine to table this item until the time of its next
Planning Study Meeting.
rs,^
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A roll call vote on the foregoing resulted in the following:
leAYES: Pinto, Talbot, Moser
NAYS: Colomina, Hand, Andrew
ABSENT: Tent, Falk, Tunis
Mr. Andrew, Chairman, declared the motion failed because of the tie vote.
On a motion duly made by Mr. Colomina and seconded by Mr. Hand and adopted it was
#4-94-71 RESOLVED that, pursuant to a public hearing having been held
on April 20, 1971 on Petition 71-3-1-13 as submitted by Leonard E.
1 and Iris F. Hunter requesting to rezone property located on the
southwest corner of Middlebelt and Munger in the Northeast 1/4
of Section 14, from RUF to C-1, the City Planning Commission
does hereby recommend to the City Council that Petition 71-3-1-13
be denied for the following reasons:
(1) The proposed zoning classification is inconsistent with
the Commission's policy of discouraging strip commercial
zoning along the mile mads.
(2) The proposed zoning classification is not a logical extension
of the zoning pattern within the area.
FURTHER RESOLVED, that notice of the above public hearing was
published in the official newspaper, the Livonia Observer under
date of March 31, 1971, and notice of such hearing was sent to the
ft 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 resulted in the following:
AYES: Colomina, Pinto, Talbot, Hand, Andrew
NAYS: Moser
ABSENT: Tent, Falk, Tunis
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Hand, Secretary, read the next item on the agenda; Petition/71-3-2-7 by
Boron Oil Company requesting to be granted a waiver use permit to
construct and operate a service station on property located on the
southwest corner of Seven Mile Road and Farmington Road in the
Northeast 1/4 of Section 9.
Mr. Nagy advised the Planning Commission that his office had on file a letter
from the Wayne County Road Commission stating it had no objections. Also a
letter from Consumers Power Company with no objections. The Engineering Department
i'. with the exception of storm sewers, finds no engineering problems.
fit Jerry Cook, Attorney for Boron Oil Company was present and apprised the Commission
that Boron Oil makes extensive studies before they decide to build on a site.
He advised that Boron Oil Company will put in writing "if this station does not
make a go of it and was closed for a period of six months and could not be put
into a good productive use then Boron would tear down the station and restore
it to its original use."
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Mr. Zade, owner of the property who resides at 10868 W. Seven Vile Road, Northville.
was present and advised the Commission that he had paid $12,000 in taxes during
the last ten years. Taxes are just getting too high he surmised.
Mr. Pinto was aware of an alley that was not vacated on this property and asked
Mr. Cook what they proposed doing about the unvacated alley on this property.
Mr. Cook advised that they would pursue getting this alley vacted.
Mr. Andrew asked Nr. Nagy if there would be problems going about this.
Mr. Nagy stated that it should be decided first whether to vacate the alley
because the development of the site is predicated on the alley being vacated.
An interested person vho was present stated that he objected to a gas station
on this site.
Mr. Colomina stated that on a waiver use permit 65% of the people must be for it
and asked Mr. Nagy if this percent had been obtained.
lir. Nagy stated that his office had a petition file for 65%.
Mr. Talbot reiterated that the Commission could not do anything about this
petition until alley is vacated.
Mr. William Wright, 19020 Westmore and owner of Standard Station on this
particular corer in question said it is his belief that this corner could not
support another station.
Mrs. William Wright, 19020 Westmore was also present and stated that she did not
believe that 10 names were representative of the necessary 65% and she wanted to
voice her objection to this proposed station.
The Chairman declared the public hearing on Petition 71-3-2-7 was closed.
On a motion duly made by Mr. Talbot, seconded by Hr. Hand and unanimously adopted
it was
#4-95-71 RESOLVED that, pursuant to a public hearing having been held on
April 20, 1971 on Petition 71-3-2-7 as submitted by Boron Oil
Company requesting to be granted a waiver use permit to construct
and operate a service station on property located on the south-
west corner of Seven Nile Road and Farmington Road in the North-
east 1/4 of Section 9, the City Planning Commission does hereby
recommend to the City Council that Petition 71-3-2-7 be denied for
the following reasons:
(1) The proposed use does not comply with all of the requirements
of Zoning Ordinance ##543, Article XI, Section 11.03.
(2) The proposed use encroaches into a recorded alley right-of-way
410 established in Seven Mile Super Highway Subdivision Plat.
(3) The proposed use would not be in harmony and appropriate
with the orderly development of the surrounding area.
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(4) 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
unduly conflict with the normal traffic of the neighborhood.
(5) The location of the building and its accessories will be
such that the proposed use will have a detrimental effect
upon the neighboring property anethe neighboring area in
general. It may impair the value. of the neighboring property
and discourage the appropriate development and use of the
adjacent land or buildings.
(6) 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.
(7) The area is already being serviced by similar services and
there is ro need for ajditional facilities of this tlype
at this location at this time.
FURTHER RESOLVED, notice of the above public hearing was sent
to property owners within 500 feet, petitioner and City
Departments as listed in the Proof of Service.
, It
The Chairman, Mr. Andrew, declared the motion carried and the foregoing resolution
adopted.
Mr. Hand, Secretary read the next item on the agenda is Petition 71-3-2-8 by
DeMare Brothers inc., requesting to be granted waiver use permit
to establish a construction office and yard on property located
on the south side of Schoolcraft Road between Middlebelt and
Merriman Roads in the Northwest 1/4 of Section 26.
The Chairman asked Mr. Nagy if there were any letters on file and if so, -to
read them at this time.
Mr. Nagy read a letter from Consumers Power which indicated no objection and a
letter from the Engineering Department which advised the requirement of an
easement to rear of property for a storm sewer.
Mr. Philip Barth, who is with Mooney Real Estate advised the commission that the
building is to be 6,000 ft. with a second floor.
Mr. DeMare was present and Mr. Andrew advised him that he cannot exceed 8 feet of
stacking.
Mr. DeMare said that a garage for maintenance will be built.
Mr. Okerstrom, 15011 Lyons, was present and he stated he had no objection but
requested a study of the egress and ingress roads in the area.
Mrs. Gibbons, 30820 Schoolcraft, was present and she asked Mr. DeMare where he
will put his cement and dirt and trucks .
Mr. DeMare stated there is no dirt or cement and truck might come back once a day.
9131
(IL There was no one else present wishing to be heard and Mr. Andrew, Chairman,
declared the public hearing on Petition 71-3-2-8 closed.
On a motion duly made by Mr. Pinto and seconded by Mr. Moser and unanimously
adopted it wns
#4-96-71 RESOLVED that, pursuant to a public hearing having been held on
April 20, 1971, on Petition 71-3-2-8 as submitted by De'fare
Brothers, Inc., to be granted a waiver use permit to establish
a construction office and yard on property located on the south
side of Schoolcraft Road between Middlebelt and Merriman Roads
in the Northwest 1/4 of Section 26, the City Planning Commission
does hereby recommend to the City Council that Petition 71-3-2-8
be approved for the following reasons:
(1) The proposed development is of sufficient calibre to justify
approval.
(2) The proposed use is consistent with the land use of the
general area.
(3) The proposed development complies with all of the requirements
of the Zoning Ordinance.
CONDITIONS OF APPROVAL:
(1) That a landscape plan shall be submitted within one month
from the date of this approval for Planning Commission approval.
(2) That all landscaping as shown on the approved plan shall be
installed before the issuance of a Certificate of Occupancy.
FURTHER RESOLVED, notice of the above public hearing was sent
to property owners within 500 feet, petitioner and City Depart-
ments as listed in the Proof of Service.
•
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Hand, Secretary read the next item on the agenda is Petition 71-3-2-9 by
L. N. Butcher, Area Engineer for American Oil Company requesting
to be granted a waiver use permit to build one additional service
stall and upgrade exterior of existing service station located
on the east side of Farmington Road between Six Mile Road and
Curtis Road in the Southwest 1/4 of Section 10.
Consumers Power Company and Engineering Department find no objection with the
above petition, however, upon questioning Mr. Butcher, the Area Engineer for
American Oil Co. , it was learned that the required signatures were not obtained
for this waiver.
410 Mr. Andrew, Chairman, declared the public hearing closed on this item.
On a motion duly made by Mr. Colomina and seconded by Mr. Hand and unanimously
adopted it Uc3
9132
#4-97-71 RESOLVED that, pursuant to a public hearing having been held on
l April 20, 1971, on Petition 71-3-2-9 as submitted by L. N. Butcher,
Area Engineer for American Oil Company requesting to be granted a
waiver use permit to build one additional service stall and up-
grade exterior of existing service station located on the east
side of Farmington Road between Six Mile Road and Curtis Road in
the Southwest 1/4 of Section 10, the City Planning Commission
does hereby determine to table this item until Nay 25, 1971.
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Hand, Secretary, read the next item, Petition 71-3-2-10 by Taco Bell, Inc.
requesting to be granted a waiver use permit to construct a Taco
Bell Restaurant on property located on the south side of Plymouth
Road between Cardwell and Deering in the Northeast 1/4 of Section
36.
Gerald Roberts, 1879 W. Michigan, Ypsilanti, was present and advised the
Commission that they will tear down the closed gas station which is unsightly and
erect a restaurant which will make the site more attractive. The restaurant
will opt-rate from 10:30 A.M. to 11:00 P.M. on weekdays and until 1.0.0 A.M. on
weekends.
Mr. Pinto asked if there were lights to go on the site.
41110 Mr. Roberts said yes 16 ft. tall.
Mr. Pinto then asked if these lights could be shielded in some manner from the
adjacent neighbors.
Mr. Roberts advised the Commission that these lights could be shielded and that
they would also erect a fence at rear of alley after it is vacated.
Mrs. Francis Hensley, 1153 Cardwell was present and indicated she had no objection
to the restaurant.
There was no one else present to be heard on this petition and Mr. Andrew, Chair-
man declared the public hearing closed on this item.
On a motion duly made by Mr. Talbot and seconded by Mr. Pinto and adopted it was,
#4-98-71 RESOLVED that, pursuant to a public hearing having been held on
April 20, 1971, on Petition 71-3-2-10 by Taco Bell, Inc. requesting
to be granted a waiver use permit to construct a Taco Bell restaurant
on property located on the south side of Plymouth Road between
Cardwell and Deering in the Northeast 1/4 of Section 36, the City
Planning Commission does hereby recommend to the City Council that
Petition 71-3-2-10 be approved for the following reasons:
(1) The proposed development will replace a closed gasoline station.
CIL (2) The proposal complies with all of the requirements of Zoning
Ordinance #543.
CONDITIONS OF APPROVAL:
9133
/ (1) That the site plan modified by the Planning Department and
agreed to by the petitioner shall be adhered to.
(2) That all landscaping as shown on the approved plan shall be
installed before the issuance of a Certificate of Occupancy.
FURTHER RESOLVED, notice of the above public hearing was sent
to property owners within 500 feet, petitioner and City Depart-
ments as listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following.
AYES: Moser, Pinto, Talbot, Hand, Andrew
NAYS: Colomina
ABSENT: Tent, Falk,Tunis
Mr. Colomina stated his vote was nay because there are ten to twelve restaurants
in that area now.
11.r. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr: Hand, Secretary read the next item on the agenda, Preliminary Plat approval
for Nottingham Woods West Subdivision #2 proposed to be located north
of Six Mile Road, west of Wayne Road in the Southeast 1/4 n.f Section 8
and east of Wayne Road in the Southwest 1/4 of Section 9.
Mr. William Ponder, Attorney representing Curtis Building Company was present
and stated that Curtis Building was agreeable to eliminating this request and
reverting to the original plan which included a park site. He asked that the
Commission please table this item for 30 days.
Mr. Brady, a resident of the area was present and advised the Commission that they
were forming a Civic Association in order to take title of this land because the
City does not want it. The builder and the Civic Association will work out plans
for the park.
Mr. Andrew asked Mr. Brady if both park sites were to be discussed.
Mr. Brady answered they were.
Mr. Danahe, 3484 Bennett, was present and asked if the petition could come back
before the Commission in 45 days instead of 30 days.
There was no one else present wishing to be heard on this item and Mr. Andrew,
Chairman declared the Public Hearing closed.
On a motion duly made by Mr. Colomina and seconded by Mr. Talbot and unanimously
adopted it was
#4-99-71 RESOLVED that, pursuant to a public hearing having been held on
April 20, 1971, the City Planning Commission, does hereby determine
that approval of the Nottingham Woods West Subdivision #2 proposed to
be located north of Six Mile Road, west of Wayne Road in the South-
west 1/4 of Section 8, and east of Wayne Road in the Southwest 1/4
of Section 9, be tabled for 45 days.
9134
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Hand, Secretary read the next item, Petition 71-3-1-15 by Rodney Kropf,
Attorney for Joseph and Edna Sergi, requesting to rezone property
located on the east side of Fremont Avenue, north of Joy Road in
the Southeast 1/4 of Section 35, from R-1 to P.
Mr. Nagy stated there were letters on file from Consumer Power Company and the
Engineering Department.
Mr. Rodney Kropf, representing Joseph and Edna Sergi was present and advised the
Commission that property within the area purchased 8 years ago for a Baskin and
Robbins concession and they now need additional parking area for employees.
Mr. Keach, 8862 Fremont, was present and stated that they would desire a fence
and greenbelt not a big wall and that after 11:00 there should be one using
parking lot.
Mrs. Lee Adams, 3831 Fremont, advised the Commission that there is a very bad
drain in the area, the alley is not pe':ed and water runs down the alley and
settles there because cf the Rent-All Shop and the Laundromat.
Mrs. Austin, 8851 Hugh..St., was present and asked Mr. Kropf why they did not
buy the other lot. She surmised that the other lot would have cost more money.
Mr. Hand asked where the people park now.
Mrs. Austin advised that they are parking on residential streets.
There was no one else present wishing to be heard, and Mr. Andrew, Chairman,
declared the Public Hearing closed on this Petition.
On a motion duly made by Mr. Moser and seconded by Mr. Pinto and adopted it was
#4-100-71 RESOLVED that, pursuant to a Public Hearing having been held on
April 20, 1971, on Petition 71-3-1-15 as submitted by Rodney Kropf,
Attorney for Joseph and Edna Sergi, requesting to rezone property
located on the east side of Fremont Avenue, north of Joy Road in
the Southeast 1/4 of Section 35, from R-1 to P, the City Planning
Commission does hereby recommend to the City Council that Petition
71-3-1-15 be approved for the following reasons:
(1) The proposed zoning classification is consistent with the
the Department's study for the area of Niddlebelt and Joy
Road.
(2) The proposal will improve the parking problem existing within
the vicinity of Niddlebelt and Joy Road.
FURTHER RESOLVED, that notice of the above public hearing was
published in the official newspaper, the Livonia Observer under
date of March 31, 1971, and notice of such hearing was sent to
the 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.
9135
A roll call vote on the foregoing resolution resulted in the following:
AYES: Talbot, Pinto, Maser, Hand
NAYS: Colomina, Andrew
ABSENT: Tunis, Tent, Falk
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Hand, Secretary read the next item on the agenda, Petition 71-3-6-1 by the
City Planning Commission to amend Section 2.10 of Ordinance #543, the
Zoning Ordinance, Definitions of Miscellaneous Terms, to include
nursery schools.
Mr. Paul Lansat, 6924 Nottingham Knoll, Birmingham, an administrator for the
Montessori Centers was present as well as Mrs. Mary Frue, Michigan Licensing
Department for Day Care Centers and Nursery Schools who were present and asked
several questions about the proposed ordinance amendment.
Fr. Davis, St. Andrew Church was present and stated that he agreed with the
proposed ordinance amendment the Commi^sion was proposing.
Mr. Clifford Thor, Riverside Park asked the Commission whether the Livonia law
applied thru age five.
Mr. Pinto advised him that it was and he also explained that the City does not
care what State laws are, that the purpose of this ordinance was to define City
of Livonia Laws.
Since there was no one else wishing to be heard on this item, Mr. Andrew, Chairman,
declared the Public Hearing on this item closed.
On a motion duly made by Mr. Pinto, seconded by Mr. Talbot and adopted it was,
#4-101-71 RESOLVED that, pursuant to a public hearing having been held on
April 20, 1971, on Petition 71-3-6-1 by the City Planning
Commission to amend Section 2.10 of Ordinance #543, the Zoning
Ordinance, definitions of Miscellaneous Terms, to include
nursery schools, the City Planning Commission does hereby
recommend to. the City Council that Petition 71-3-6-1 be approved
for the following reasons:
(1) Nursery schools (as defined by Ordinance #543) are presently
prohibited although the use of church facilities for this
purpose is prevalent in the City of Livonia.
(2) Such a facility is a logical use to be provided by Ordinance
#543.
(3) Such amendment will allow appropriate control of nursery
schools located within church facilities.
9136
FURTHER RESOLVED, that notice of the above public hearing was
published in the official newspaper, the Livonia Observer,
under date of March 31, 1971, and notice of such hearing was
> sent to the 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: Pinto, Talbot, Hand, Andrew
NAYS: Colomina
ABSTAIN: Moser
ABSENT:' Falk, Tunis, Tent
Mr. Colomina explained no vote was based on this not being in spirit or consistent
with intent of his understanding of this ordinance to not allow purely commercial
school operations and until the Commission can control this situation, his vote
will continue to be no.
Mr. Andrew, Chairman, declared the motion carried and the foregoing' resolution
adopted.
Mr. Hand read the next item on the agenda, Petition 71-3-6-2 by the City Planning
Commission to amend Ordinance #543, the Zoning Ordinance of the City of Livonia,
by adding a new article entitled C-3 District Regulations.
On a motion duly made by Mr. Andrew, seconded by Mr. Moser and adopted it was
RESOLVED that, pursuant to a public hearing having been held on
April 20, 1971, on Petition 71-3-6-2 by the City Planning Commission
to amend Ordinance #543, the Zoning Ordinance of the City of Livonia,
by adding a new article entitled C-3 District Regulations, the
City Planning Commission does hereby determine to table this item
for further discussion.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Colomina, Moser, Andrew
NAY: Pinto, Talbot, Hand
ABSENT: Falk, Tunis, Tent
Because of the tie vote Mr. Andrew, Chairman declared the motion has not carried
and subsequently a new motion duly made by Mr. Hand, seconded by Mr. Pinto and
unanimously adopted was made, it was
#4-102-71 RESOLVED that, pursuant to a public hearing having been held on
April 20, 1971, on Petition 71-3-6-2 by the City Planning Commission
to amend Ordinance #543, the Zoning Ordinance, of the City of
' • Livonia, by adding a new article entitled C-3 District Regulations,
the City Planning Commission does hereby recommend to the City
Council that Petition 71-3-6-2 be approved for the following reasons:
tro (1) This ordinance would more adequately provide for the regulation
and control of the location and nature of selected highway
services.
9137
f FURTHER RESOLVED, that notice of the above public hearing
was published in the official newspaper, the Livonia
Observer, under date of March 31, 1971, and notice of such
' hearing was sent to the 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.
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Andrew announced a brief recess at 11:50 p.m.
* * * * * * * * * * * * * * * * * *
The 256th Special Meeting of the City Planning Commission was called to order
by Mr. Andrew, Chairman at 12 Midnight on April 20, 1971, with approximately the
same number of interested persons present.
Mr. Hand, Secretary read the next item, letter dated March 16, 1971 from Schostak
Brothers and Company, Inc. , requesting site plan approval of multiple development
for property located on the west side of Farmington Road, north of Seven Mile
Road in the Southeast 1/4 of Section 4.
On a motion duly made by Mr. Talbot, seconded by Mr. Hand, and adopted it was
#4-103-71 RESOLVED that, the City Planning Commission pursuant to Seotion
8.02 of Ordinance #543, the Zoning Ordinance of the City of
Livonia, as amended by Ordinance #772, having reviewed Site Plan
#532, presented in connection with Petition 68-4-1-11 approved by
the City Planning Resolution #5-58-68 adopted on June 18, 1968
does hereby recommend to the City Council that Petition 71-4-8-6
as submitted by Schostak Brothers & Company, Inc. requesting
site plan approval for multiple development proposed to be
constructed on property located on the west side of Farmington
Road, north of Seven Nile Road in the Southeast 1/4 of Section 4,
be approved for the following reasons:
(1) It is of sufficient calibre to justify our approval.
CONDITIONS OF APPROVAL:
(1) That all the landscaping be installed as indicated on the
approved plan within one year after the building permit
has been applied for.
(2) That the partial basements be constructed under each unit
as indicated on the approved plan.
(3) That the carports be installed as indicated on the plan.
•
(4) That the architectural motif as indicated on the plans
submitted to the Commission be adhered to.
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(5) Such approval as is herein recommended shall not be
construed as providing the basis for the issuance of a
building permit for the construction of the proposed
apartments pending a final adjudication in the Michigan
Court of Appeals and/or the Supreme Court of the State
of Michigan, in the matter of Korash, et al. v. City of
Livonia, et al. (Wayne County Circuit Court Civil Action
#166753), and in the event that the ultimate decision
rendered in the aforesaid litigation is in favor of the
City of Livonia, then such approval as is herein recommended
with respect to the proposed plan shall be deemed null and void.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Moser, Pinto, Talbot, Hand, Andrew
NAY: Colomina
ABSENT: Falk, Tent, Tunis
Mr. Colomina stated that his no vote was based on the fact that he could not
bring himself to approve site plan while the law suit with respect to the
Ordinance requiring 1,000 feet of separation between apartment unit' and single
family homes is still in court.
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
IL Mr. Hand,. Secretary read the next item on the agenda, Petition 71-2-1-7 initiated
by Council REsolution #866-70, pursuant to Section 23.01 (a) of
Ordinance #543, requesting to rezone property located on the south
side of Six Mile Road, west of ALiddlebelt Road in the Northeast 1/4
of Section 14, from C-2 and RUF to R-5.
On a motion duly made by Mr. Colomina, seconded by Mr. Pinto and unanimously
adopted it was
#4-104-71 RESOLVED that, pursuant to a public hearing having been held on
March 16, 1971 on Petition 71-2-1-7 as submitted by the City Plan-
ning Commission pursuant to Council REsolution #866-70 requesting
to rezone property located south of and abutting Six Mile Road
from and including Lot No. 1 to Lot No. 9 of Livrance Estates
Subdivision in the Northeast 1/4 of Section 14, from C-2 to
R-5, the City Planning Commission does hereby determine to with-
draw Petition 71-2-1-7; and having considered the property covered
by Petition 71-2-1-6 does hereby recommend that the zoning classification
that will best effect the logical, aesthetic and practical develop-
ment of this area of the City is P.S.
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
/ • adopted.
\ .
Mr. Hand, Secretary read the next item, 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 Niddlebelt Road in the Northeast 1/4 of Section 14, from
C-2 and RUF to P.S.
9139
11
On a motion duly made by Mr. Pinto, seconded by Mr. Hand and unanimously adopted,
it was
464-105-71 RESOLVED that, the City Planning Commission pursuant to Section 23.01
of Ordinance #343, the Zoning Ordinance of the City Of Livonia, as
amended, pursuant to Council REsolution #866-70, does hereby
establish and ordar that a public hearing be held to determine
whether or not to rezone property located south of Six Mile Road,
west of Iliddlebelt Road in the Northeast 1/4 of Section 14, from
C-2 and RUF to P.S. ,; and
FURTHER ESOLVED 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 declared the motion carried and the foregoing resolution adopted.
Mr. Hand, Secretary, read the next item on the agenda, Petition 71-4-8-4 by
Lindhout Associates, Agent for Funk Realty requesting approval of
all plans required by Ordinance #784 for proposed development
located at tue northwest corner of Five Mile Road and Brookfield
within the Civic Center Area.
On a motion duly made by lir. Hand, seconded by Mr. Pinto and unanimously adopted
IL it was
#4-106-71 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 re-
commend to the City Council that Petition 71-4-8-4 by Lindhout
Associates, /tent for Fuak Realty requesting approval of all
plans required by Ordinance #784 for proposed development
located at the northwest corner of Five Mile Road and Brookfield
within the ivic Center Area, be approved with the following
cora =ions:
•
(1) That Site Plan No. 6906, April 8, 1971, prepared by
Lindhout Associates, be adhered to.
(2) That building elevations dated April 20, 1971 prepared by
Lindhout Associates, be adhered to.
(3) This approval of the site plan is conditioned upon the
petitioner obtaining a variance of the front yard setback
from the Zoning Board of Appeals as the encroachment into
the front yard is the result of granting additional right-
cf- ey for the boulevarding of Five Mile Road.
(4) The petitioner is required to submit a landscape plan for
Planning Commission approval prior to obtaining a building
permit.
for the following reasons:
9140
(1) The proposed development represents a significant architectural
improvement in comparison to the existing structure on the
site.
(2) The intended use is compatible with the existing uses of the
surrounding area.
Mr. Andrew, Chairman declared the motion carried and the foregoing resolution
adopted.
Mr. Hand, Secretary read the next item on the agenda, motion by the City Planning
Commission, pursuant to Council Resolution #783-70, requesting 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 Five Mile Road between Fairfield and Woodring in the South-
west 1/4 of Section 15, from C-2 and PL to P.S.
On a motion duly made by Mr. Pinto, seconded by Mr. Talbot and unanimously 2dolted
it was
#4-107-71 RESOLVED that, pursuant to Council Resolution #783-70 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 located on the north side of Five Mile Road between
Fairfield and Woodring in the Southwest 1/4 of Section 15, from
C-2 and PL to P.S.
FURTHER RESOLVED that, a hearing be held and notice be given as
provided in Section 23.05 of Ordinance 5543, 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, Secretary read the next item on the agenda, letter from Robert Coopes
dated April 7, 1971 requesting withdrawal of apartment site plans located on
the east side of Middleblet Road, rorth of Six Mile Road in Section 12.
On a motion duly made by Mr. Pinto, seconded by Mr. Hand and unanimously adopted
it was
#4-108-71 RESOLVED that, pursuant to a letter dated April 7, 1971 from Robert L.
Coopes, Attorney for Arthur Pollack, requesting withdrawal from
consideration by the Planning Commission a Site Plan submitted in
connection with Petition 65-8-1-2, which petition affected the re-
zoning of property located between Niddlebelt Road and Harrison
Avenue, north of the cemetery property on Six Mile Road in the
•
West 1/2 of Section 12, from R-1 to R-7, the City Planning Ccrmission
does hereby approve without prejudice the withdrawal of subject
1110 Site Plan.
lir. Andrew, Chairman declared the motion carried and the foregoing resolution
adopted.
a
9141
Mr. Hand, Secretary read the next item on the agenda, Landscape Plan submitted L
I by Russell Hidden in connection with Petition 70-6-2-11 requesting
\ waiver use permit to operate a travel agency in existing building
located on the west side of Farmington Road between Roycroft and
Rayburn in the Southeast 1/4 of Section 16.
On a motion duly made by Mr. Pinto, seconded by Hr. Moser and adopted, it was
#4-109-71 RESOLVED that, the City Planning Commission having reviewed Land-
scape Plan dated April 16, 1971 submitted in connection with
Petition 70-6-2-11 requesting a waiver use permit to operate a
travel agency in existing building located on the west side of
Farmington Road between Roycroft and Rayburn in the Southeast 1/4
of Section 16, the City Planning Commission does hereby approve
subject Landscape Plan with the following condition:
(1) That landscape material on the approved plan shall be installed
within one month of the date of the approval of the Landscape
Plan.
A roll call vote on the above resulted in the following:
AYE: Moser, Pinto, Talbot, Hand, Andrew
NAY: Colomina
ABSENT: Tunis, Tent, Falk
Mr. Andrew announced the motion carried and the foregoing resolution adopted.
Hr. Hand, Secretary read the next item on the agenda, Petition 71-3-2-11 by
Jewel Real Estate Company requesting to be granted a waiver use
permit to operate a real estate office in existing building located
on the west side of Farmington Road between Roycroft and Rayburn
in the Southeast 1/4 of Section 16.
On a motion duly made by Mr. Moser, seconded by Mr. Talbot and unanimously adopted
it was
#4-110-71 RESOLVED that, pursuant to a public hearing having bean held on
April 6, 1971 on Petition 71-3-2-11 as submitted by Jewel Real
Estate Company requesting to be granted a waiver use permit to
operate a real estate office in existing building located on the
west side of Farmington Road between Roycroft and Rayburn in the
Southeast 1/4 of Section 16, the City Planning Commission does
hereby recommend to the City Council that Petition 71-3-2-11
be approved for the following reasons:
(1) It is a logical use in this location and it will not
adversely affect the adjacent development.
• (2) The use is a relatively low traffic generator and will
not conflict with the movement of transient traffic along
Farmington Road.
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.
mik
,
9142
./ Mr. Andrew declared the motion carried and the foregoing resolution adopted.
\1[0
Item X-1 Plat Approval for Nottingham Woods West Subdivision was the next item on
the agenda.
On a motion duly made by Mr. Talbot, seconded by Mr. Hand and unanimously adopted
it was
#4-111-71 RESOLVED that, the City Planning Commission does hereby recommend
to the City Council that the final plat of Nottingham Woods West
Subdivision located in the northeast 1/4 of Section 8 be approved
for the following reasons:
(1) It is consistent with the previously approved preliminary
plat.
(2) The proprietor has satisfied all the financial obligations
imposed by the City of Livonia.
(3) It conforms to Zoning Ordinance #543 and the Plat Ordinance
of the City of Livonia.
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 #3-26-70 adopted on March 16,
1970 and it further appearing that said proposed plat together
with plans and specifications for improvements therein have been
approved by the Department of Public Works, Engineering Division,
under date of August 13, 1970 and it further appearing that the
financial assurances required in Council Resolution #980-70 and
#981-70 adopted on October 14, 1970 have been filed with the City
Clerk as confirmed by a letter dated April 20, 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.
On a motion duly made, seconded and unanimously carried, the City of Livonia
Planning Commission adjourned its 256th Special Meeting held on April 20, 1971
at approximately 12:45 a.m.
CITY PLANNING COMMISSION
•
Francis M. Hand, Secretary
ATTESTED:
i '
lib, Daniel R. Andrew. Chairman