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HomeMy WebLinkAboutPLANNING MINUTES 1971-04-27 9143 MINUTES OF THE 257th SPECIAL MEETING AND PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CI?? OF LIVONIA On Tuesday, April 27, 1971, the City Planning Commission of the City of Livonia held its 257th Special Meeting and a Public Heating at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Public Hearing to order at approximately 8:15 p.m. with 150 interested persons in the audience. Members present: Raymond W. Tent Robert Colomina Daniel R. Andrew Joseph R. Talbot Charles Pinto H. Dow Tunis Joseph J. Falk Francis M. Hand *Marvin Moser Members absent: None Messrs. John Nagy, Planning Director; H. G. Shane, Planner III; Robert M. Feinberg, Assistant City Attorney; John Dufour, Superintendent, Parks and Recreation; were also present. Mr. Hand, Secretary announced the first item on the agenda, Petition 71-3-2-12 by Gary Goldberg requesting to erect an International House of Pancakes restaurant on property located on the east side of Middlebelt Road between St. Martin and Bretton Road in the Southwest 1/4 of Section 1. Mr. Nagy, Planning Director, stated there were letters on file from Consumers Power Company indicating no objections and from the Engineering Department which advised there were no sewers available to drain the site at the present time. William Ponder, Attorney, was present and was representing the International House of Pancakes. He advised the Commission that his client wanted to build the restaurant 165 ft. north of the previous site. Mr. Tent asked if it would be cheaper to locate it at the present site than the proposed one. Mr. Ponder said it would be cheaper. Mr. Hetkovich, 29154 St. Martins was present and stated that he did not under- stand the proposed location of this restaurant. It was explained to him by Mr. Andrew. Mr. Metkovich wanted his objection to this restaurant recorded. There was no one else wishing to heard on this petition and Mr. Andrew, Chairman declared the public hearing closed. On a motion duly made by Hr. Tunis, seconded by Mr. Tent and adopted it was 9144 #4-112-71 RESOLVED that, pursuant to a public hearing having been held on April 27, 1971 on Petition 71-3-2-12 as submitted by Gary Goldberg requesting to be granted a waiver use permit •to erect an International House of Pancakes restautant on property located on the east side of Middlebelt Road between St. Martin and Bretton Road in the Southwest 1/4. of Section 1, the City Planning Commission does hereby recommend to the. City Council that Petition 71-3-2-12 be denied for the following reasons: (1) There is an over-abundance of restaurants in the area. (2) It would be dettimental to the surrounding residential area. (3) It is in violation of the Master Plan for the Livonia Mall area. (4) The proposed use would not be in harmony and appropriate with the orderly development of the surrounding area. (5) 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. (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 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Colomina, Falk, Talbot, Tent, Tunis and Hand NAYS: Pinto, Andrew ABSENT: Moser Mr. Andrew, Chairman declared the motion carried and the foresoing resolution adopted. Mr. Hand, Secretary announced the next item on the agenda, Petition 71-3-1-16 by the City Planning Commission on its own motion to rezone property located on the south side of Schoolcraft Road, east of Eckles Road in the Southwest 1/4 of Section 19, from C-2 to C-4. There was no one present in the audience wishing to be heard on this petition and Mr. Andrew, Chairman declared the public hearing closed. 9145 On a motion duly made by Colomina, seconded by Talbot and adopted it was I #4-113-71 RESOLVED that, pursuant to a public hearing having been held on April 27, 1971 on Petitidn i1-3-1-.16 as submitted by the City Planning Commission on Ltd 00ft motion to rezone property located on the south side of Schooleraft Road, east of Eckles Road in the Southwest 1/4 of Section 19, from C-2 to C-4, the City Planning Commission does hereby recommend to the City Council that Petition 71-3-1-16 be approved for the following reasons: (1) The Commission believes the best utilization of the property would be in multi-story development. (2) High-rise ,commercial development is consistent with the surrounding uses and in harmony with the future expressway and expressway interchange. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of April 4, 1971 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake b Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. /11; Mr. Hand announced the next item on the agenda, Petition 71-3-1-17 initiated by Council REsolution #1044-70 pursuant to Section 23.01(a) of the Zoning Ordinance, Ordinance #543, to rezone property located south of Plymouth Road between Stark and Wayne Roads in the North- west 1/4 of Section 33, from RUF to R-1. Mr. Nagy stated there is a letter from Consumers Power Company indicating there is no objection to the rezoning. Also on record is a petition signed by 75 people stating that they represent 20% of the property to be rezoned and they are taking this means to advise the Livonia Planning Commission and City Council that they object to said petition and request that the petition be denied. Mr. Shane, Planner III, conducted a study on this petition and apprised the audience of the following; there are different size lots in the area, most of which do not technically conform to the RUF classification mostly because they do not have the proper size area. It was therefore, proposed that the whole area be made to conform to R-1 which allows for 60 ft. lots which are the size of the majority of the lots in this area now. Mrs. Lent, 10269 Stark Road, asked what happens when your lot is wider than 60 ft.? Mr. Shane, explained that on a R-1 zoning that the minimum lot must be 60 feet and that there is no maximum stated. Pat O'Sullivan, 10890 Laurel was present and stated that he was representing the ryA petitioners of the letter on file. Mr. Huey, 11050 Wayne Road was present and stated his objection to the petition. 9146 Mr. Talbot asked Mr. Feinberg, Assistant City Attorney, if by changing this zoning to R-1, the residents would lose any benefits that now exist under RUE. Mr. Feinberg stated that if it is a valid non-conforming use the use of the land would not be affected by the R-l. Milt Holly, 14821 Farmington Road was present and he advised the Commission that they go under a Grandfather Clause -- RUF to R-1 will raise the tax valuation on this property. Under the Charter and ZoningOrdinance they had to protect the property. He stated that you give up certan rights when you go to It-1. Joe Livernois, 11100 Laurel was present and registered his objection to the rezoning. Mr. Andrew, Chairman, stated that it is not the purpose of this meeting to take away any rights or to raise the taxes. The purpose of this meeting is the possible rezoning of this property. He also stated that the City Planning Commission was of the opinion that there is a problem with the zoning as it stands. Many of the residents involved hold a non-conforming use and we want to make them conform so that these same people do not have to keep coming to the Council and/or Zoning Board of Appeals. Mr. Tent asked Mr. Feinberg if the rezoning would increase the taxes in this area. Mr. Feinberg, stated that he did not know. 7 Mr. O'Sullivan stated that the "K" factor is what increases our land value and if he can add 2 and 2 that means more taxes. Sally Shastain, 1027 Laurel was present and stated her viewpoint. She said that under a RUF zoning she could keep a horse on the premises with an R-1 she could not. She could also have a garden and stand under a RUF zoning and could not with R-1. Les Reed, 10165 Laurel, was present and wanted to know how the rezoning would benefit him. Mr. Andrew explained that now he has the use of this property as a valid non- conforming use and if he wanted to add to his home he would have to go to the Board of Appeals. If he was zoned under R-1, all he would need would be a building permit. Mr. Reed asked if this was the only factor. Mr. Andrew responded that it was. Mr. Reed further stated that everyone was satisfied with the way it was zoned now and couldn't it just be left like it is now. Mr. Tunis stated that he had heard 9w0% of ith thepocketbook he people nandeitra is anhealthy question involved and their reaction is directly ittteir reactions. stated etalsoh commentedt the ty thatffers therewhen werepeople do questionsnot th that respond have with come thhe up and he felt that this item should be adjourned. i 9147 Mr. Tent stated that the populous was here tonight and the Commission should act on this tonight and not keep referring it back to a study and prolong the action on this item. Mr. Mill, 10601 Laurel wanted to know what the right-of-way was for Laurel street. Mr. Andrew stated 60 feet. The zoning does not affect this. Mr. Nil_.s stated that it would, when the streets were paved. Mrs. Yates, 10685 Laurel stated that she prefers it the way it is (RUF) . She does not want a conforming lot, that is why she bought the property. Ralph Barnes, 10988 Wayne Road was present and stated that he would like to sign the petition that the Planning Commission has on file. Stu Jacobs, 10790 Laurel was present and wanted to know whether he would be taxed for two different lots. Mr. Tunis explained that 60 ft. was minimum. They were not stating any maximum. Mrs. Loramovitz, 11100 Laurel was present and she stated that she objects to the rezoning. Lorraine Po-Jell, Wayne Road resident, stated that she could not afford to pay higher taxes because she was a widow. There was no one else present wishing to be heard on this petition and the Chair- man declared the public hearing closed. Mr. Talbot stated that he can appreciate the comments of all the audience and Mr. Holler's co ment that taxes could be raised and because of this he would like to make the motion that the petition be denied. On a motion duly rade by Mr. Talbot, seconded by Mr. Pinto and unanimously adopted it was #4-114-71 i 3OLV D that, pursuant to a public hearing having been held on April 27, 1971 on Petition 71-3-1-17 initiated by Council Resolution 4x`1044-70 pursuant to Section 23.01(a) of the Zoning Ordinance, Ordinance #543, to rezone property located south of Plymouth Road between Stark and Wayne Roads in the Northwest 1/4 of Section 33, from RUF to R-1, the City Planning Commission does hereby recommend to the City Council that Petition 71-3-1-17 be denied for the following reasons : (1) A change in the zoning classification to a more restrictive residential zone is not warranted at this time. (2) The residential neighborhood was established under the RUF zoning classification and it desirable to retain the character, standards and uses permitted by the RUF District. -9148 FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of April 4, 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. Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand, Secretary read the next item on the agenda, Petition 71-3-1-18 initiated by Council Resolution #900-69 pursuant to Section 23.01(a) of the Zoning Ordinance, Ordinance #543, to rezone property located adjacent to Bainbridge Avenue between Five Mile Road and Lyndon Avenue in the Northwest 1/4 of Section 23 from RUF to R-3. Mr. Nagy stated that there was a petition on file signed by 29 property owners who object to the rezoning. There is also a letter on file from Mr. Mazzocco stating that he approves the rezoning. Larry Knight, 14585 Bainbridge was present and he stated that when he moved into his home it was zoned RUF now he understands it is zoned R-1. Mr. Andrew suggested that Mr. Knight contact the Planning Commission office and check out the zoning. Mr. Knight stated that he already had checked it and as a property owner he does not want it rezoned. Mr. Andrew advised Mr. Knight that an investigation was ordered by the City Council and the City Planning Commission must therefore conduct an investigation and that in effect was what the Commission is doing tonight. Mr. Knight stated that when it is rezoned, sidewalks would go in and up would go their taxes. He further stated that he would like it to stay just like it is. Mr. Wilkinson, 14707 Merriman, was present and stated that 90% of the residents were opposed to the rezoning. James Wilkin, 14600 Bainbridge,was present and objected to the rezoning. Mildred Tubbs, 14775 Bainbridge,was present and she stated that the taxes would go up and that she was a widow and could not afford any more taxes. Mr. Essenmacher, 14820 Merriman, was present and stated that he was opposed to the rezoning. Mr. Hand asked how many lot splits there had been in that area. Mr. Shane replied that there were a considerable number through the years and that is what has changed the picture of the lots. 9149 Mr. Hand explained to the audience that this is just what has been happening in this area. There have been lot splits and he does not knots where all these people were in the past. He advised them that if they were going to be concerned about this matter then they had better start watching the area and start opposing the lot splits because evidently the council has been getting requests for lot splits in the past. Mr. Andrew, Chairman declared the public hearing on this petition closed. On a motion duly made by Mr. Tent, seconded by Mr. Tunis and unanimously adopted it was #4-115-71 RESOLVED that, pursuant to a public hearing having been held on April 27, 1971 on Petition 71-3-1-18 initiated by Council Resolution #900-69 pursuant to Section 23.01(a) of the Zoning Ordinance #543, to rezone property located adjacent to Bainbridge Avenue between Five Mile Road and Lyndon Avenue in the Northwest 1/4 of Section 23, from RUF to R-3, the City Planning Commission does hereby recommend to the City Council that Petition 71-3-1-18 be denied for the following reasons: (1) The neighborhood is established and consequently the zoning change would be of no benefit to the existing residents who comprise 90% of the area. (2) This zoning change would deprive the existing residents the use of the land for which it was purchased. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of April 4, 1971 and a 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. Ur. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand read the next item on the agenda, Petition 71-3-3-9 by the City Planning Commission on its own motion to vacate a portion of Vassar Avenue between Parkville and Middlebelt Road located in the Southwest 1/4 of Section 1. dr. Nagy read a letter on file from the Engineering Division which stated that it is their recommendation that Vassar not be vacated. Mr. George Beard, 19261 Parkville, property owner on south side, was present and asked the question if this alley is vacated would this give him more property for taxes. He was told that it would. Mr. Beard stated that he did not want to assume it, and that he was opposed to it. Mr. Andrew, Chairman declared the public hearing on this petition closed. 9150 Mr. Talbot asked whether the property reverts to him. Mr. Andrew stated yes, 30 feet of it. Mr. Talbot asked whether he could use it for anything. Mr. Andrew stated that he could. Mr. Nagy stated that a wall has to be built by otdinance. On a motion duly made by Mr. Tent, seconded by Mr. Colomina dnd unanimously adopted, it was #4-116-71 RESOLVED that, pursuant to a public hearing having been held on 27, 1971 on Petition 71-3-3-9 by the City Planning Commission on its own motion to vacate a portion of Vassar Avenue between Parkville and Middlebelt Road located in the Southwest 1/4 of Section 1, the City Planning Commission does hereby recommend that Petition 71-3-3-9 be approved for the following reasons: (1) It is consistent with the Livonia Mall Master Plan. (2) There is no need to retain Vassar Avenue in this area. (3) It will avoid the problems of having non-residential traffic enter a residential area. CONDITION FOR APPROVAL: (1) A full width easement be reserved for the purpose of public utility. (2) The wall to be built by ordinance not be built until Drain #27 is completed. FURTHER RESOLVED, that notice of the above public hearing was pubiis1ed in the official newspaper, the Livonia Observer, under date of April 4, 1971 and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company, Consumers Power Company and City Departments and Petitioner as listed in the Proof of Service. Hr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-3-7-1 by the City Planning Commission to amend Part V of the Master Plan, the Master School and Park Plan, by deleting property located on the west side of Louise between Merriman and Middlebelt Roads in the South- east 1/4 of Section 11. (Parcel 11IiM2b1) (1:0 Peggy ;Iorgen, 17557 Louise, was present and wanted to know what was going to happen. Mr. John Duou-: was present and he stated that the Parks and Recreation Depart- ment recommends deleting this parcel of land from the Master Park Plan because they do not .TGn t it. 9151 Mrs. Morgan stated that she had misunderstood the intent for the parcel of land. There was no one else present wishing to be heard and Mr. Andrew, Chairman declared the public hearing closed. On a motion duly made by Mr. Tunis, seconded by. Mr. Pinto and unanimously adopted it was, #4-117-71 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 April 27, 1971 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 on the west side of Louise between Merriman and Middlebelt Roads iii the Southeast 1/4 of Section 11, (Parcel 11IlN12b1) for the foiloWng reasons: (1) There is sufficient park lend available in the immediate area. (2) The Parks and Recreation Commission indicates no desire to retain this land as a park. 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 Plan, 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. [Ir. Hand announced the next item on the agenda, Petition 71-3-7-2 by the City Planning Commission to amend Part V of the Master Plan, the Master School and Park Plan, by deleting property located on the west side of Louise between Merriman and Middlebelt Road in the Southeast 1/4 of Section 11. (Parcel llMM2bl) . Mrs. Gail Norris, 17443 Louise, was present and stated that she had misunderstood the purpose of the land. There was no one else present wishing to be heard and Mr. Andrew declared the public hearing closed. On a motion duly made by Mr. Pinto, seconded by Mr. Hand and unanimously adnpted it was #4-118-71 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 April 27, 1971 for the purpose of amending Part V of the Master Plan, the 9152 Master School and Park Plan, the same is hereby amended so as to delete property located on the watt side of Louise between Merriman and Aiiddlebelt Roads in the Southeast 1/4 of Section 11, (Parcel 11tE2b1) for the following reasons: (1) There is sufficient park land available in the immediate area. (2) The Parks and Recreation Commission indicates no desire to retain this land as a park. 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 Plan, 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, Petition 71-3-7-3 by the City Planning Commission to amend Part V of the Master Plan, the Master School and Park Plan, by deleting property located on the west side 1110 of Newburgh Road and south of Six Mile Road in the Northeast 1/4 of Section 18. (Partof Parcels l8F and 183) There was no one wishing to be heard on this petition and Mr. Andrew declared the public hearing closed on this item. On a notion duly made by Mr. Tent, seconded by Mr. Pinto and unanimously adopted it was r4-119-71 117COLVED that, pursuant to the provisions of Act 285 of ie Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia having duly held a public hearing on April 27, 1971 forthe 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 on the east side of Newburgh Road and south of Six Mile Road in the Northeast 1/4 of Section 18. (Part of Parcels 18F and 183) for the following reasons: (1) There is no reason to carry this land as part of the Master Park Plan when it will be, by and large, within the Freeway right-of-way and since there already exists sufficient park land in the area. (2) The Parks and Recreation Commission indicates no desire to retain this land on the Master Park Plan. 9153 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 Plan, 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. Andrew, Chairman declared a recess at 10:00 p.m. *The meeting was called to order at 10:10 p.m. Mr. Moser entered the meeting at this time. There was approximately the same number of people in attendance. Mr. Hand announced the next item on the agenda, Petition 71-3-7-4 by the City Planning Commission to amend Part V of the Master Plan, the Master 11, School and Park Plan, by incorporating property located on the west side of Newburgh Road and south of Eight Mile Road in the Northeast 1/4 of Section 6. (Part of Parcels 06Ala and 0681) Mr. William Slocum, Attorney representing Sherwin Hill who is the senior owner of the property. He wished to state his client's concern and objection to this property being designated as park land because it may constitute a "cloud" in the event of any sale. His client was also desirous of knowing whether or not the City intended to purchase this land in the near future. Mr. Andrew asked Mr. Dufour, Superintendent of Parks and Recreation whether the City wanted to purchase this land. Mr. Dufour said yes, but they just couldn't purchase it at this time. Ar. Andrew asked if there were any funds with which the City could purchase this land. Mr. Dufour replied no, that particular parcel and the one to the north had been put in a formal application for Federal Government assistance. So in answer to your question, it's not in the near future. Mr. Andrew asked Mr. Slocum whether his clients owned Model Farm. Mr. Slocum said that he believed they did. Ur. Falk asked what i iodel Farm was. I Mr. Nagy explained that it was a well preserved farm home and farm buildings which are being preserved for heritage purposes. 9154 Mr. Tent added that it is the only farm in the area and that he is against any movement to give up this land. Mr. Dufour added that on the Master Park Plan, this particular corner of Eight Mile and Newburgh was rezoned for City park facilities. Mr. Andrew asked whether there was any assistance available from the state. Mr. Dufour stated there was and that they would put in an application to the State and Federal Government. There was no one else present wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Tent, seconded by Mr. Hand and unanimously adopted it was #4-120-71 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 April 27, 1971 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 incorporate property located on the west side of Newburgh Road and south of Eight Mile Road in the Northeast 1/4 of Section 6 (Part of Parcels 06Ala and 06B1), for the following reasons: (1) The Parks_ and Recreation Commission has indicated its desire to incorporate this land as part of the Master School and Park Plan for possible expansion of Whispering Willows Golf Course. (2) The Planning Commission has requested the Parks and Recreation Commission of the City of Livonia to take appropriate action to request Federal Assistance and or State assistance in acquiring this property for park purposes as soon as possible. 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 Plan, 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. I Mr. Pinto stated his support of Mr. Andrew's suggestion to have item #2 of the above resolution to apply for federal funds accomplishedas soon as possible. 15 hr. Hand stated that he feels that the Commission is placing a burden 9on t5 he Parks and Recreation Department. He pointed out that the Parks and Recreation Department may not be ready to move on this situation at this time. Mr. Andrew stated that he was concerned about the City placing a "cloud" over property which Mr. Hills has brought to our attention. He also stated that he was confident that the Law Department of the City of Livonia can work out an agreement with Mr. Hill. Ar. Pinto added that a representative of the property owner was present and had expressed concern that perhaps the City was making the property unsaleable. They also requested advice as to when the City will purchase it and we can there- fore, ask Parks and Recreation tt. specify what course of action they might wish to make in regards to purchase of this property. They can ignore it if they wish or they may act on it. They may do as they wish. lir. Tent said that what he was doing was making this a condition for approval. Ur. Pinto stated no, it is a request not a condition. iIr. Hand announced the next item on the agenda, Petition 71-3-7-5 by the City Planning Commission to amend Part V of the Master Plan, the Master School and Park Plan, by incorporating property located on the west side of Inkster Road and south of Five Mile Road in the North- east 1/4 of Section 24. Rodney Kropf, Attorney for Louis Brook and Marilyn Brook was present and stated that he ca=d not understand portion of Section 24. He asked specifically what portion the Commission was talking about, and that the legal description of the property does not match that of the public notice and therefore, this makes the procedure null and void. Ur. Andrew stated the public notice was in error and the public hearing will be re-advertised and brought up again. Mr. Andrew instructed Mr. Nagy, City Planner to re-advertise due to the fact that the legal description is in error. Mr. Andrew declared the public hearing closed. Mr. Hand announced the next item on the agenda, Petition 71-3-7-7 by the City Planning Commission to amend Part V of the Master Plan, the Master School and Park Plan, by incorporating property located on the north side of Lyndon Avenue and west of Farmington Road in the northeast 1/4 of Section 21. Milt Holly, 14820 Farmington Road was present and stated that he did not get a notice of the hearing. Mr. Nagy explained that this was not a rezoning matter only an amendment to the Master School and Park Plan and as such notice to the paper and to the property owner only was all that was required. There was no one else wishing to be heard and Mr. Andrew, Chairman declared the public hearing closed. • 9156 On a motion duly mode by Mr. Hand. seconded by Mr. Colomina and unanimously adopted it was #4-121-71 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 April 27, 1971 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 incorporate property located on the north side of Lyndon Avenue and vest of Farmington Road in the Northeast 1/4 of Section 21, for the following reasons: (1) These lands form an integral part of the City's Civic Center development plans as well as its recreational plans. (2) The Parks and Recreation Commission desires that this land be preserved 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 Plan, 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 declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-3-7-8 by the City Planning Commission to amend Part V of the MasterPlan, the Master School and Park Plan, by incorporating property located south of Plymouth Road and east of Merriman Road in the North- west 1/4 of Section 35. There is a letter on file from Mr. Dufour requesting that this area not be placed on the Master Park Plan and that this item be withdrawn from the public hearing. Mr. Andrew declared the public hearing was closed on this item. On a motion duly made by Mr. Tunis, seconded by Mr. Moser and unanimously adopted it was #4-122-71 RESOLVED that, pursuant to request dated April 12, 1971 from the Parks and Recreation Department, the City Planning Commission does hereby approve the withdrawal of Petition 71-3-7-8 by the City Planning Commission to amend Part V of the Master Plan, the Master School and Park Plan, the same is hereby amended so as to incorporate property located south of Plymouth Road and east of Merriman Road in the Northwest 1/4 of Section 35, for the following reasons: CO:11 ) Althbugtt fhete is a gtedt nates tot additi8taai pari h 9157 this part of the d Y) the iaaAA to gUegiA8t1 Eotttain rather substantial hates and the feasibility of acquiring said property is highly questionable, (2) The Parks and Recreation Commission has supported the acquisition of said property since the inception of the Master Park Plan, however, they now recognize the near itpossibility of purchaping,, raperty that is itt K_ active use as residential home si es. Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-3-7-6 by the City Planning Commission to amend Part V of the Master Plan, the Master School and Park Plan, by deleting property located on the north side of Curtis Avenue between Laurel and Stamford in the North 1/2 of Section 9. Diamond, 18350 Laurel (Lot 23) advised the Commission that they property as described ran across his septic tank. Mr. Dufour explained that the reason the line was drawn west of Cii1 Road is because the woods are so dense you can't tell where it starts or ends. He also stated that he wishes this parcel to remain on the Master Plan. Mr. Landis, 18311 Norwich Road submitted photographs of the woods for the Commission's scrutiny. He stated there are 9.8 acres of woods that cannot be replaced. Mrs. Lindhout, 37655 Margaretta, hopes that the, City will retain this wooded area. Mr. Sessin, 18220 Laurel stated that he did not want this property changed. William Dial, 18360 Laurel stated he would like the woods as they stand. Qr. Dufour stated that he felt the people at this meeting tonight have a mis- conception of what we want the land for. He stated that the City Hall will protect it as they want the woods also as is. Mr. Nagy asked Mr. Dufour in reference to the 75 acre parcel at the intersection of Farmington Road whether it was his intention now to take a different view on that 75 acre site. Mr. Dufour responded that it was not. Mr. Andrew, Chairman declared the public hearing closed. On a motion duly made by Mr. Colomina, seconded by Mr. Tent and unanimously adopted, it was . 9158 4. ii #4-123-71 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 April 27, 1971 for the purpose of amending Part V of the Master Plan of the City of Livonia, entitled "The Master School and Park Plan", the same is hereby amended so as to delete property located on the north side of Curtis Avenue between Laurel and Stamford in the North 1/2 of Section 9, the amended legal description being as follows: That part of Section 9, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as being the east 260 feet of Lot Nos. 20, 21, 22, 23 and 24 of Winfield Estates Subdivision of the N. W. 1/4 of said section as recorded in Liber 69, Page 28 of the Wayne County Records and that part of Gill Road (43 feet in width) located east of and adjacent thereto. for the following reasons: (1) There are sufficient park lands existing in this section of the City. (2) The Parks & Recreation Commission indicates no desire to retain subject land as part of the Master School & j Park Plan. 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 declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-3-7-9 by the City Planning Commission, pursuant to Council Resolution #188-71, to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, by incorporating Tax Parcel 09G1 located at the northwest intersection of Six Mile Road and Farmington Road in Section 9, as a park site. Mr. Nagy stated there was a letter from John Dufour on record. Richard Jones, Attorney, 2500 Detroit Bank and Trust Company representing owner of that parcel and asked in reference to "cloud" on title whether our view on this parcel is any different than others. Mr. Dufour answered that it would be similar to the one on Eight Mile and Newburgh. We would make application to the Federal Government for funds. John Thorpe, 18597 Norwich was in the audience and asked whether there was any place in Livonia for "dirt tracking". L 9158a Mr. Durfour stated there was not. Mr. Thorpe stated the majority of recreation in this area was "dirt tracking" and they were able to do it in this area and would desire to see the area retained. Mr. Landis asked Mr. Jones whether the owner has any intent for the property. Mr. Jones stated no there was just negotiation for the sale of property only. Mr. Andrew, Chairman declared the public hearing closed. tre9158 #4-123-71 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 he14 a public hearing on April 27, 1971 for the purpose of amending at V,of the Master Plan, the Master School and Park Plan, the same is hereby amended so as to incorporate property located on the north side of Curtis Avenue between Laurel and Stamford in the North 1/2 of Section 9, for the following reason: (1) The Parks and Recreation Commission has indicated its desire to incorporate this land as part of the Master School and Park Plan. 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 b ► 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. IL: Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-3-7-9 by the City Planning Commission, pursuant to Council Resolution #188-71, to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, by incorporating Tax Parcel 09G1 located at the northwest intersection of Six Mile Road and Farmington Road in Section 9, as a park site. Mr. Nagy stated there was a letter from John Dufour on record. Richard Jones, Attorney, 2500 Detroit Bank and Trust Company representing owner of that parcel and asked in reference to "cloud" on title whether our view on this parcel is any different than others. Mr. Dufour answered that it would be similar to the one on Eight Mile and New- burgh. We would make application to the Federal Government for funds. John Thorpe, 18597 Norwich was in the audience and asked whether there was any place in Livonia for "dirt tracking". Mr. Dufour stated there was not. Mr. Thorpe stated the majority of recreation in this area was "dirt tracking" and they were able to do it in this area and would desire to see the area retained. Mr. Landis asked Mr. Jones whether the owner has any intent for the property. Mr. Jones stated no there was just negotiation for the sale of property only. Mr. Andrew, Chairman declared the public hearing closed. 9159 On a motion duly made by Mr. Colomina, seconded by Mr. Moser and adopted it was #4-124-71 RESOLVED that, pursuant to 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 April 27, 1971 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 incorporate Tax Parcel 0901 located at the Northwest inter- section of Six Mile Road and Farmington Road in Section 9, that this petition be taken under advisement. A roll call vote resulted in the following: AYES: Colomina, Palk, Moser, Pinto, Talbot, Tent, Tunis, Andrew NAY: Hand Mr. Andrew declared the public hearing closed on this item. Mr. Hand announced the next item on the agenda, Petition 71-3-1-14 by the City Planning Commission on its own motion to rezone property located on the west side of Farmington Road, north of Joy Road in the Southeast 1/4 of Section 33, from P.L. to R-1. 1Le Mr. Zions, 8914 Farmington Road was present and wanted to know why this land was being rezoned. Mr. Andrew explained that it was being rezoned to rectify an error in the Zoning Map. There were several people in the audience with various and sundry questions about the rezoning. They were: Edward Bacon, 37556 Michelle Mrs. Jacobsen, 29654 Jacqueline Mr. Cherub, 8928 Farmington Henry Kcnro, 33525 Michelle Fred Miller, 33484 Michelle Mr. Shoenfelt, 88050 Farmington There was no one else present wishing to be heard on the above item and Mr. Andrew declared the public hearing closed. On a motion duly made by Mr. Tunis, seconded by Mr. Talbot and unanimously adopted it was #4-125-71 RESOLVED that, pursuant to a Public Hearing having bean held on April 21, 1971 on Petition 71-3-1-14 as submitted by the City Planning Commission on its own motion to rezone property located on the west side of Farmington Road, north of Joy Road in the Southeast 1/4 of Section 33, from P.L. to R-1, the City Planning Commission does hereby recommend to the City Council that Petition 71-3-1-14 be approved for the following reasons: (1) It will rectify an error in the Zoning Map. 1LV9160 (2) The R-i zoning classification is a logical extension of the zoning pattern of the area. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of April 4, 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. Hr. Andrew, Chairman declared the motion carried and the above resolution adopted. Mr. Hand announced the next item on the agenda a request by Joseph F. Ferens, St. Colette Catholic Church, to modify site plan approved in gratlting a waiver use permit, Petition 70-11-2-26, to erect a church and parish house on property located on the east side of Newburgh Road between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 8. On a motion duly made by Mr. Tunis, seconded by Mr. Pinto and adopted it was #4-126-71 RESOLVED that, pursuant to a letter dated April 20, 1971 from C. Teichner, St. -Cyr Architects and Associates, Inc., request- ing approval of a modification in Site Plan #7025 submitted in connection with Petition 70-11-2-26 by Rev. Joseph F. Ferens, St. Colette Catholic Church for a waiver of use permit to erect a church and parish house on property located on the east side of Newburgh Road between Six Mile and Seven Mile Roads in the Southwest 1/4 of Section 8, the City Planning Commission does hereby approve the modification as shown on Site Plan #7025, Revision Date 5/12/71, with the following conditions: (1) That a landscape plan for the site be submitted to the Planning Commission for its approval within one month. (2) That all landscape material as shown on the approved plan shall be installed before the issuance of a Certificas: of Occupancy. A roll call vote on the foregoing resolution resulted in the following: AYES: Colomina, Hand, Moser, Pinto, Talbot, Tent, Tunis NAYS: None ABSENT: None ABSTAIN: Andrew, Falk Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, motion by the Planning Commission 10 to request the Industrial Development Commission to prepare a report and recommendation relative to the feasibility of a establishing an internal industrial road located in the Northwest 1/4 of Section 26. On a motion duly made by Mr. Pinto, seconded by Mr. Tent and unanimously adopted it was ir 9161 #4-128-71 RESOLVED that, the City Planning Commission does hereby request that the Industrial Development Commission prepare a report and recommendation relative to the feasibility of establishing an internal industrial road located in the Northwest 1/4 of Section 26. Mr. Andrew, Chairman declared the motion carried and the above resolution adopted. Mr. Nagy was instructed to send a copy of the above report to Mr. Okerstrom. Mr. Hand announced the next item on the agenda, motion by the City Planning Commission to initiate a vacating petition, pursuant to recommendation dated February 10, 1971 from the Engineering Division, to vacate that portion of the Blue Drain easement no longer necessary and reduce the width to accommodate the tile enclosure, which is located generally north of Schoolcraft Road from Middlebelt Road westerly to approximately 1,000 feet west of Merriman Road, in Section 22 and 23. On a motion duly made by Mr. Colomina, seconded by Mr. Tent and unanimously adopted, it was #4-129-71 RESOLVED that, the City Planning Commission, pursuant to a request from the Engineering Division, does hereby establish and order that a Public Hearing be held for the purpose of determining whether or not to vacate a portion of the Blue Drain easement - which is located generally north of Schoolcraft Road from Middle- belt Road westerly to approximately 1,000 feet west of Merriman Road in Sections 22 and 23. Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the City Planning Commission adjourned their 257th Special Meeting at approximately 12:00 midnight. CITY PLANNING COMMISSION Francis M. Hand, Secretary 16,0 ATTESTED: Daniel . Andrew, Chairman