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HomeMy WebLinkAboutPLANNING MINUTES 1971-05-25 9162 MINUTES OF THE 229th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 25, 1971, the City Planning Commission of the City of Livonia held its 229th Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Public Hearing to order at approximately 8:10 p.m. with approximately 100 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 MEMBERS ABSENT: Marvin Moser Messrs. John J. Nagy, Planning Director; H. G. Shane, Planner III and Robert M. Feinberg, Assistant City Attorney; were also present. Mr. Andrew announced the first item on the agenda, Petition 71-4-1-20 by Harold- E. Edwards requesting to rezone property located on the west side of Newburgh Road between Five Mile Road and Six Mile Road in the East 1/2 of Section 18, from R-3 to R-7. ' Mr. Nagy read a letter from the Engineering Division -which stated that water facilities were available, but storm sewers are a problem - drain enclosure is underway. Parks and Recreation have indicated that they would like to keep this property on the Master Park Plan. Mr. Tent inquired whether there were any violations on this property. Mr. Nagy advised that he had no information on this . LaVerne Schrader was present and advised the Commission that 13 units per acre will be built. Mr. Tent asked Mr. Schrader when they would start construction if this petition were granted. Mr. Schrader advised that they would not be able to submit a plan until September. Mr. Tent asked whether the complex would be 1,000 ft. from residential homes. Mr. Schrader answered yes. Mr. Norman Endahl asked Mr. Schrader how many acres were involved. Mr. Schrader answered 19 acres; 256 units. Mr. Jack Gibbons, 37664 Kingsbury, was present and asked Mr. Schrader how many acres I' would be left if they went through with their secondary plan for the park site. L . 9163 11,0 Mr. Schrader answered 10 acres and a park site. Don McIntyre, 37860 Ladywood, was present and asked what kind of controls did the City have if it's rezoned to multiple dwelling? Mr. Andrew advised that the City has site plan approval; that this would include elevation drawing, density, access to the apartments, etc. • Mr. Tunis indicated that he would like a legal opinion about whether the Commission could vote on this matter in view of the R-7 Moratorium by referendum vote. Mr. Feinberg stated there was a similar case in the Schostak Builders, Middlebelt and Seven Mile area. Mr. Hand stated that it appeared to him that nothing could be accomplished prior to September, there was nothing firm at this time and felt that it would be in the best interest of everyone to table this matter until September. Mr. Tent stated that any action the Commission would take would not be in the best interest of the R-7 Moratorium. Mr. Andrew stated that the petitioner could have a zoning change effected and come back to the Council and Commission for a site plan approval and only when the moratorium expires be first able to construct the apartments. It was determined that the petitioner had a legal right to apply for a site plan le approval. Mr. Andrew, Chairman declared the public hearing on the above petition closed. On a motion duly made by Mr. Colomina, seconded by Mr. Tent and adopted it was RESOLVED that, pursuant to a public hearing having been held on May 25, 1971, on Petition 71-4-1-20 as submitted by Harold E. Edwards requesting to rezone property located on the west side of Newburgh Road between Five Mile Road and Six Mile Road in the East 1/2 of Section 18, from R-3 to R-7, the City Planning Commission does hereby recommend to the City Council that Petition 71-4-1-20 be denied for the following reasons : 1. A portion of the site subject to rezoning is in conflict with the Master School & Park Plan. 2. The Commission believes the best use of this land would be an extension of the single-family development already existing to the south. • 3. The people have shown by their vote that they do not want apartments and until the final decision by the courts, it is not advisable that we vote on the apartments. A roll call vote on the foregoing resolution resulted in the following: AYES: Colomina, Tent, Hand NAYS: Falk, Pinto, Talbot, Tunis, Andrew ABSENT: Moser 9164 Mr. Andrew, Chairman declared that the resolution did not pass and on a motion duly made by Mr. Tent, seconded by Mr. Colomina, it was RESOLVED that, pursuant to a public hearing having been held on May 25, 1971 on Petition 71-4-1-20 as submitted by Harold E. Edwards requesting to rezone property located on the west side of Newburgh Road between Five Mile Road and Six Mile Road in the East 1/2 of Section 18, from R-3 to R-7, the City Planning Commission does hereby determine to table this item until the time of its next Study Meeting. ' A roll call vote on the foregoing resolution resulted in the following: AYES: Colomina, Tent, Hand NAYS: Pinto, Talbot, Tunis, Andrew ABSTAIN: Falk Mr. Andrew, Chairman declared that the resolution did not pass and a motion duly made by Mr. Talbot, seconded by Mr. Pinto, it was #5-130-71 RESOLVED that, pursuant to a public hearing having been held on May 25, 1971 on Petition 71-4-1-20 as submitted by Harold E. Edwards requesting to rezone property located on the west side of Newburgh Road between Five Mile Road and Six Mile Road in the East 1/2 of Section 18, from R-3 to R-7, the City Planning Commission does hereby recommend to the City Council that Petition 71-4-1-20 be IL approved. (1) This site is adjacent to institutional and/or open space lands on all sides. (2) The site is separated and buffered from adjacent residential property. (3) This is an area that can stand a modest increase in population density. (4) The proposed development is adjacent to a major thoroughfare that is capable of handling the increased quantity of traffic generated by this project. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of May 5, 1971 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: • AYES: Falk, Pinto, Talbot, Tunis, Andrew NAYS: Colomina, Tent, Hand ILABSENT: Moser Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. L_ 9165 • Irt, Mr. Hand announced the next item on the agenda, Preliminary Plat approval for Greenfield Industrial Park Subdivision proposed to be located north of the Chesapeake & Ohio Railway on the west side of Merriman Road in the Northeast 1/4 of Section 27. Mr. Nagy stated there was a letter on file from the Industrial Development Commission stating no objections. The Fire Marshall has no objection to preliminary plans. Engineering Division has%8bjection on preliminary plat. Building Department, no objection. - Raymond D. Martin, Consultant for Greenfield Construction Company was present and apprised the Commission that property for temporary turn around will revert to the property owners. Maximum development will be four or five structures. The first structure to be built will be the restricting line. Mr. Pinto stated he believed the owner could change the restricting line. Mr. Martin stated he believed Mr. Pinto was right. Mr. Martin continued that the balance of the Glendale right-of-way would be an automatic reverter and 90 feet will be returned. Mr. Andrew, Chairman declared the public hearing on the above petition closed. On a motion duly made by Mr. Tunis, seconded by Mr. Hand and unanimously adopted it was #5-131-71 RESOLVED that, pursuant to a Public Hearing having been held on May 25, 1971, the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat of Greenfield Industrial Park Subdivision proposed to be located north of the C & 0 Railway on the west side of Merriman Road in the Northeast 1/4 of Section 27, be approved with the following condition: This approval is based upon the consideration given to the comments made by Mr. Martin, representative of the petitioner, before this Commission this evening relative to the Reverter Clause being a part of the plat as it relates to the temporary turn-around at the west end of the subdivision and as his comments relate to establishing a front yard setback on the south side of Glendale Avenue for the entire length of the subdivision; for the following reasons: (1) It conforms to the Subdivision Rules & Regulations of the City of Livonia. (2) It is consistent with the Master Plan of the City of Livonia. (3) It is of sufficient calibre to merit approval. FURTHER RESOLVED that, notice of the above hearing was sent to > the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the Plat together with notice have been sent to the Building Department, Superin- tendent of Schools, Fire Department, Police Department and Parks & Recreation Department. 9166 • Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. 1[0 Mr. Hand read the next item on the agenda, Petition 71-4-1-21 by William Abney reqesting to rezone property located on the northeast corner of Terrence and Middlebelt in the Northwest 1/4 of Section 13, from RUF to C-2. Engineering Division has a letter on file with the Planning Department stating there are no storm sewers and they will have to be installed. Consumer Power Company's letter states no objection. Mr. Abney was present and stated the site was to be used for stores. Mr. Andrew asked when construction would start. Mr. Abney stated that construction would start immediately. 9:00 P.M. - Mr. Moser arrived at the Public Hearing. Mr. Tent asked Mr. Abney who the tenants would be. Mr. Abney advised a Pendleton Shop and a dress shop. Mr. Andrew, Chairman declared the public hearing on the above petition closed. On a motion duly made by Mr. Hand, seconded by Mr. Falk and unanimously adopted it was #5-132-71 RESOLVED that, pursuant to a Public Hearing having been held on May 25, 1971 on Petition 71-4-1-21 as submitted by William Abney requesting to rezone property located on the northeast corner of Terrence and Middlebelt in the Northwest 1/4 of Section 13, from RUF to C-2, the City Planning Commission does hereby determine to table this item for further study to its study meeting scheduled for June 1, 1971. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-4-1-22 by the Taubman Company, Inc. , requesting to rezone property located on the northeast corner of Plymouth Road and Sears Avenue in the Southwest 1/4 of Section 26, from M-1 to C-2. Mr. Pinto left the meeting at 9:01 p.m. There is a letter on file from the Industrial Development Commission stating there is no opposition to this petition by members of the Industrial Development Commission. Mr. Gerald Dillon representing Taubman and Company was present as well as Tom and Bob Armstrong, users of the property in question. Tom and Bob Armstrong advised the Commission that they were in the retail car business for twenty years and they would like to locate in Livonia. Mr. Andrew declared the public hearing on the above petition cicsad. On a motion duly made by Mr. Falk, seconded by Mr. Tent, and unanimously adopted, it was 9167 CI #5-133-71 RESOLVED that, pursuant to a Public Hearing having been held on May 25, 1971 on Petition 71-4-1-22 as submitted by the Taubman Company, Inc. , requesting to rezone property located on the northeast corner of Plymouth Road and Sears Avenue in the South- west 1/4 of Section 26, from M-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 71-4-1-22 be approved for the following reasons: (1) It is a logical extension of the existing zoning of the area. - (2) The proposed C-2 zoning will be compatible with the surrounding land uses . FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of May 5, 1971 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: ' "Colomina, Falk, Moser, Talbot, Tent, Tunis, Hand, Andrew NAYS: None ABSENT: Pinto IL Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Pinto returned to the meeting at 9:12 P.M. Mr. Hand announced the next item on the agenda, Petition 71-4-1-19 by V.R. Breidenbach and D. J. Summers requesting to rezone property located on the northeast corner of Fargo and Farmington Road in the Northwest 1/4 of Section 3, from R-3A to P.S. A letter from Consumer Power Company, no objection and Engineering Department, no objection. Mr. Breidenbach, owner and builder, was present and stated that they want to construct a medical and dental clinic. P.C. Reddy, 19938 Shadyside was present and stated that he was concerned with drainage, and objects to any rezoning until drainage is resolved. Mr. Pinto asked Mr. Reddy if he objected to a medical center. Mr. Reddy stated that he did, he would rather see condominums or apartments. Mr. Christmer, 20013 Farmington Road, was present and stated there were all residential homes in the area and felt that the medical center should go in down below the 1E6; Tarabusi Drain. He objects to the rezoning. Mr. Knippe, owner of property immediately north of proposed rezoning, was present and stated that he approved of the rezoning. Mr. Andrew declared the public hearing closed on the above petition. 9168 • On a motion duly made by Mr. Tunis, seconded by Mr. Falk and unanimously adopted, it was t: #5-134-71 RESOLVED that, pursuant to a Public Hearing having been held on May 25, 1971 on Petition 71-4-1-19 as submitted by V.R. Breidenbach and D. J. Summers to rezone property located on the northeast 1/4 of Section 3, from R-3-A to P.S. , the City Planning Commission does hereby determine to table this item for further study. Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-3-2-13 by J. E. Mesker for Boron Oil Company, requesting to be granted a waiver use permit to construct a modern, full-facility gasoline service station on property located on the northeast corner of Newburgh Road and Seven Mile Road in the Southwest 1/4 of Section 5. A letter on file from Consumer Power Company stated no objections. Engineering Department's letter stated they have no objection but advises that right-of-way on Seven Mile is needed and provision for storm drainage must be made. Mr. Stanley Smith, 37500 Seven Mile Road was present and stated he does not want a gas station on this corner. Gerald Cook Attorney representing Boron Oil, and Bernard Whitman, Real Estate representative, were present. Mr. Cook stated that Boron Oil is willing to dedicate the north 27 feet of Seven Mile Road, He also stated that if station is closed and remains closed for a period of 6 months and cannot be put to other good and productive use, they will remove building and restore it to its existing state. Mr. Tent asked Mr. Whitman if his company makes enough profit in the gasoline business to support itself, and whether or not they needed other related services to make the station pay off. Mr. Whitman advised that they would sell petroleum products only. Mr. Andrew noted that they would be using a septic tank and asked whether they had a permit for same. Mr. Nagy advised that septic tanks and tile fields are discouraged but that there are four similar permits in the area. Mr. Whitman advised that they intended to locate into the 18" storm sewer. Mr. Hand asked whether they would object to turning the building at an angle. Mr. Whitman stated that could be turned. Mr. Stan Smith was present and stated that he objected to a gas station. Mr. Arkenbine, operator of the Marathon Service Station across the street from the proposed site, said that market studies were conducted in the area and this corner could not support another service station. 9169 LMr. Andrew, Chairman declared the public hearing closed on this item. On a motion duly made by Mr. Tent, seconded by Mr. Hand and unanimously adopted it was #5-135-71 RESOLVED that, pursuant to a Public Hearing having been held on May 25, 1971 on Petition 71-3-2-13 as submitted by J. L. Mesker for Boron Oil Company requesting to be granted a waiver use permit to construct a modern, full-facility gasoline service station on property located on the northeast corner of Newburgh Road and Seven Mile Road in the Southwest 1/4 of Section 5, the City Planning Commission does hereby recommend to the City Council that Petition 71-3-2-13 be denied for the following reasons: (1) The proposed use would not be in harmony and appropriate with the orderly development of the surrounding area. (2) The location and size of the proposed use, the nature and intensity of the pritipal 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. (3) The location of the building and its accessories will be such that the proposed use will have a detrimental effect upon the neighboring property and the neighboring area in general. It may impair the value of the neighboring property and discourage the appropriate development and use of the adjacent land or buildings. (4) The location, size and intensity, site layout and periods of operation of the proposed use can cause a nuisance which may be noxious to the occupant of any other nearby permitted use by reason of dust, noise, fumes and lights. (5) The area is already being serviced by similar services and there is no need for additional facilities of this type at this location at this time. FURTHER RESOLVED, 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 above resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-3-2-14by Ray Zimmerman, Real Estate Representative for Gulf Oil Company, requesting to be granted a waiver use permit to construct a storage building and a vending area thas southwestan lcornerto tof Plymouth Roadexisting land Levan cinstheion located o Northwest 1/4 of Section 32. Consumer Power Company and Engineering Division have registered no objections. 9170 Mr. Andrew advised that the signatures that were obtained do not comprise 65% of Ilthe property owners in the area, therefore this petition will be brought back for a vote at another regular meeting. 7 Mr. Andrew announced the public hearing on this item was closed. A tabling motion is in order because petition does not comply with Ordinance #543, Section 7.03 of the Zoning Ordinance and therefore this petition cannot be acted upon tonight. On a motion duly made by Mr. Tunis, seconded by Mr. Falk and adopted it was #5-136-71 RESOLVED that, pursuant to a Public Hearing having been held on May 25, 1971 on Petition 71-3-2-14 as submitted by Ray Zimmerman Real Estate Representative for Gulf Oil Company, requesting to be granted a waiver of use permit to construct a storage building and a vending area as an addition to the existing gasoline service station located on the southwest corner of Plymouth Road and Levan in the Northwest 1/4 of Section 32, the City Planning Commission does hereby determine to table this item for three months or until such time as the signatures required by Ordinance are obtained. A roll call vote on the foregoing resolution resulted in the following: AYES: Falk, Moser, Pinto, Talbot, Tunis, Hand, Andrew NAYS: Colomina, Tent ABSENT: None Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-4-2-16 by Begrow and Brown Architects for Clarenceville United Methodist Church, requesting to be granted a waiver use permit to erect and connect a sanctuary, chapel and administrative offices to the present educational unit and fellowship hall located on the east side of Middlebelt Road between Morlock and Norfolk Avenue in the Northwest 1/4 of Section 1. Consumer Power Company letter on file listing no objection. Engineering Division advises, no storm sewers immediately available. Mr. J. Brown, Architect, 1145 West Long Lake Road, was present and stated that they are tapped into sewer under Middlebelt Road. Mr. Andrew declared the public hearing on this petition closed. On a motion duly made by Mr. Pinto, seconded by Mr. Tunis, and unanimously adopted it was #5-137-71 RESOLVED that, pursuant to a Public Hearing having been held on May 25, 1971 on Petition 71-4-2-16 as submitted by Begrow and Brown, IIII Architects for Clarenceville United Methodist Church, requesting to be granted a waiver of use permit to erect and connect a sanctuary, chapel and administrative offices to the present educational unit and fellowship hall located on the east side of Middlebelt Road be- tween Morlock and Norfolk Avenue in the Northwest 1/4 of Section 1, the City Planning Commission does hereby recommend to the City Council that Petition 71-4-2-16 be approved for the following reasons: 9171 (1) The proposed development is of sufficient calibre to justify approval. (2) The proposed use is a logical addition to the existing 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 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 be installed before issuance of a Certificate of Occupancy. FURTHER RESOLVED that, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-3-7-5 by the City Planning Commission to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan so as to incorporate property located north of Lyndon Avenue and south of Jamison in the Northeast 1/4 of Section 24. Mr. Vern Peach, 14939 Lyons , was present and stated that he objected to the amendment of Master School and Park Plan. Mr. Oral, 14740 Cavell, was present and stated that they are flooded out at all times and when was something going to be done about it. Mr. Andrew advised Mrs . Oral to make her complaint to the Engineering Department. Mr. Vern Peach is to be notified of any further proceedings on this petition by mail. There was no one else present wishing to be heard on this matter and the Chairman declared the public hearing closed. On a motion duly made by Mr. Colomina, seconded by Mr. Talbot and unanimously adopted it was #5-138-71 RESOLVED that, pursuant to a public hearing having been held on May 25, 1971 on Petition 71-3-7-5 as submitted by the City Planning Commission to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to incorporate property located ` \ north of Lyndon Avenue and south of Jamison in the Northeast 1/4 of Section 24, the City Planning Commission does hereby determine to table this item. Mr. Andrew declared the motion carried and the foregoing resolution adopted. 9172 Mr. Hand announced the next item on the agenda, Petition 71-4-1-27 initiated by Council Resolution #866-70 pursuant to Section 23.01(a) of Zoning 11; Ordinance #543, requesting to rezone property located south of Six Mile Road and west of Middlebelt Road in the Northeast 1/4 of Section 14, from C-2 and RUF to P.S. Letters from Consumer Power Company and Engineering Department stated no objections. Mr. William Brashear representing Drs. Rafani, and Rabani were present and stated that they want the petition that is appearing on June 15 to be considered as a part of this petition and would like the two petitions heard on the same night . Mr. Greogory Stempien representing Miklish and Elmer Skat owners of Lots #1 and #2 were present and stated that his client wants to use Lots #1 and #2 for parking therefore object to the rezoning. Mr. Andrew, Chairman declared the public hearing closed. On a motion duly made by Mr. Hand, seconded by Mr. Colomina, it was #5-139-•71 RESOLVED that, pursuant to a Public Hearing having been held on May 25, 1971 on Petition 71-4-1-27 initiated by Council Resolution #866-70 pursuant to Section 23.01(a) of Ordinance #543, requesting to rezone property located south of Six Mile Road and west of Middlebelt Road in the Northeast 1/4 of Section 14, from C-2 and RUF to P.S. , the Planning Commission does hereby recommend to the City Council that Petition 71-4-1-27 be approved for the following reasons: (1) Rezoning to a P.S. , Professional Service, category is consistent with the Planning Commission's recommended land use plan for the area. (2) Such rezoning is consistent with the Planning Commission's policy of discouraging the expansion of general commercial zoning along major thoroughfares . (3) Such zoning would be a logical extension of zoning now existing on lots immediately to the west . FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of May 5, 1971 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. • A roll call vote on the foregoing resolution resulted in the following: ' AYES: Colomina, Hand, Falk, Pinto, Talbot, Tent, Tunis NAYS: Moser ABSENT: None Mr. Andrew declared the motion carried and the foregoing resolution adopted. 9173 Mr. Hand announced the next item on the agenda, Petition 71-4-1-26 initiated by t Council Resolution #783-70 pursuant to Section 23.01(a) of Zoning Ordinance #543, requesting to rezone property located on the north side of Five Mile Road between Fairfield and Woodring Avenue in the Southwest 1/4 of Section 15, from C-2 and P.L. to P.S. There was no one wishing to be heard and Mr. Andrew declared the public hearing closed. On a motion duly made by Mr. Tunis, seconded by Mr. Pinto and unanimously adopted it was #5-140-71 RESOLVED that, pursuant to a Public Hearing having been held on May 25, 1971 on Petition 71-4-1-26 initiated by Council Resolution #783-70 pursuant to Section 23.01(a) of Ordinance ##543, requesting to rezone property located on the north side of Five Mile Road between Fairfield and Woodring Avenue in the Southwest 1/4 of Section 15, from C-2 and P.L. to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 71-4-1-26 be approved for the following reasons: (1) P.S. zoning is more compatible with the development of Civic Center area. (2) - The present commercial zoning could permit uses that could detract from the potential and stability of the Civic I: Center and adjacent areas . (3) The ultimate Five Mile Road right-of,-way will reduce the depth of these parcels so that it will be extremely difficult to get optimum commercial development. (4) In general, P.S. zoning creates less intensity of use than commercial zoning, thus theoretically reducing the conflict with the movement of transient traffic along Five Mile Road. (5) The rezoning of this land to the P.S. category is consistent with the Master Plan of this sector of the City. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of May 5, 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 declared the motion carried and the foregoing resolution adopted. • Mr. Andrew called a brief recess at 11:20 p.m. . iii Mr. Hand announced the next item on the agenda, Petition 71-3-1-12 by Angelo Mazzocco requesting to rezone property located at the northwest corner of Schoolcraft and Stark Road in the Southeast 1/4 of Section 21, from R-2 to P.S. On a motion duly made by Mr. Talbot, seconded by Mr. Hand, it was • 9174 ' #5-141-71 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 at the northwest corner of Schoolcraft and Stark Road in the Southeast 1/4 of Section 21, from R--2 to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 71-3-1-12 be approved for the following reasons: (1) Professional (P.S.) uses would provide the best transitional zone between the future expressway and the residential lands north of the expressway. (2) Professional (P.S.) uses provide the best buffer uses in relation. to the single family residential. (3) Professional office uses are compatible to the surrounding uses of 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 Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. IL A roll call vote on the foregoing resolution resulted in the following: AYES: Hand, Falk, Moser, Pinto, Talbot; Tent, Tunis, Andrew NAYS: Colomina ABSENT: Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-4-8-5 by Clarence Durbin requesting Site Plan approval of proposed medical-dental office complex located on Farmington Road between Six Mile Road and Curtis in Section 10. On a motion duly made by Mr. Hand, seconded by Mr. Colomina and unanimously adopted, it was #5-142-71 RESOLVED that, the City Planning Commission, pursuant to Section 9.02 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #606, having reviewed Petition 71-4-8-5 as submitted by Clarence Durbin requesting Site Plan approval for a medical-dental office complex proposed to be located on Farmington Road between Six Mile Road and Curtis in Section 10, does hereby recommend to the City Council that Petition 71-4-8-5 be app for the following reasons: ILI (1) It is of sufficient calibre to justify approval. 410 (2) It complies with all of the requirements of the City of Livonia. (3) It is designed so as to be compatible with the adjacent development and it will not adversely effect it. 9175 CONDITIONS OF APPROVAL: F (1) That a detailed landscape plan shall be prepared and submitted to the Planning Commission for approval within three months from the date of this approval. (2) That the landscaping in proximity to each building be installed before the issuance of a Certificate of Occupancy is granted for that building. (3) That Site Plan dated May 25, 1971 shall be adhered to and that Architectural Plan as submitted shall be adhered to. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Andrew, Chairman, announced that Item #14 - Landscape Plan Approval for St. Colette's Church and Item #15 - motion by the City Planning Commission have been removed from the agenda. Mr. Hand announced the next item on the agenda, a motion by the City Planning Commission to hold a public hearing to determine whether or not to amend Section 13.38 of Zoning Ordinance #543, to add a new sub- paragraph to the Off-Street Parking requirements. On a motion duly made by Mr. Tent, seconded by Mr. Pinto and unanimously adopted, it was #5-145-71 RESOLVED that, the City Planning Commission, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to amend Section 18.38 of Ordinance #543 by adding new language to subparagraph (22) , Business or Professional Offices. FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.05, 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 announced the next item on the agenda, a motion by the City Planning Commission to hold a public hearing to determine whether or not to amend Section 13.06 of Zoning Ordinance #543, Surface and Drainage of Commercial Parking Lots. On a motion duly made by Mr. Talbot, seconded by Mr. Tunis and unanimously adopted it was 14E; #5-146-71 RESOLVED that, the City Planning Commission pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to rezone property located south of Eight Mile Road and Brentwood Avenue from C-1 to P.S. 9176 FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that there shall be a report submitted and recommendation thereon to the City Council. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Council Resolution #231-71 requesting further recommendation and clarification from the Planning Commission to amend the Master School and Park Plan so as to delete property located south of Pembroke Avenue between Merriman Court and Sunset Boulevard in the Southwest 1/4 of Section 2 . On a motion duly made by Mr. Moser, seconded by Mr.. Falk and unanimously adopted it was #5-148-71 RESOLVED that, pursuant to Council REsolution No. 231-71, the City Planning Commission, having reviewed its Resolution #2-48-71 approving the amendment to the Master School and Park Plan contained in Petition 69-7-7-9, does hereby determine that the Resolution clearly states the nature and extent of the amendment and that no further action is necessary with respect to Resolution #2-48-71. 10 Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, a motion by the City Planning Comuission to withdraw Petition 69-6-7-8 requesting to amend the Master School & Park Plan so as to delete Parcel D-12 located on the north side of Seven Mile Road, west of Osmus Avenue in the Southeast 1/4 of Section 3. On a motion duly made by Mr. Hand, seconded by Mr. Colomina and unanimously adopted it was #5-149-71 RESOLVED that, having held a Public Hearing on August 12, 1969 pursuant to the provisions of Act 286 of the Public Acts of Michigan, 1931, as amended, for the purpose of amending Part V of the Master Plan of the City of Livonia, the Master School & Park Plan, by deleting Parcel D-2 located on the north side of Seven Mile Road, west of Osmus Avenue in the Southeast 1/4 of Section 4; and having approved the amendment under Petition 69-6-7-8 by its Resolution #2-47-71 adopted on February 23, 1971, the City Planning Commission having been advised that the City of Livonia has acquired subject property, does hereby rescind Resolution#2-47-71 and with- draws Petition 69-6-7-8 and deems that no further action by the City is necessary. • Mr. Andrew declared the motion carried and the foregoing resolution adopted. 9177 ILI Mr. Hand announce the next item on the agenda, a motion by the City Planning Commission, pursuant to Council Resolution #1041-70, to hold a public hearing to determine whether or not to vacate certain portions of Gable, between Purlingbrook and Flamingo and St. Martins between Flamingo and Milburn in the South 1/2 of Section 2. On a motion duly made by Mr. Colomina, seconded by Mr. Tent and unanimously adopted it was #5-150-71 RESOLVED that, the City Planning Commission, pursuant to Ordinance No. 29, as amended by Ordinance No. 50, of the City of Livonia, and pursuant to Council Resolution #1041-70, does hereby establish and order that a public hearing be held to determine whether or not to vacate certain portions of Gable between Purlingbrook and Flamingo, and St. Martins between Flamingo and Milburn, in the South 1/2 of Section 2. FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.01 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 announced the next item on the agenda, a motion by the City Planning Commission to withdraw Petition 68-7-6-6 requesting to amend ILO Section 8.02(a) , Permitted Uses in the R-7' District Regulations by adding retirement housing for the elderly; Section 8.04(a) , (b) and (d) Minimum Development Standards, and Section 8.07 by adding a new section entitled Enclosed Parking. On a motion duly made by Mr. Hand, seconded by Tunis and unanimously adopted it was #5-151-71 RESOLVED that, pursuant to a Public Hearing having been held on September 17, 1968 on Petition 68-7-6-6 as submitted by the City Planning Commission to amend Section 8.02(a) , Permitted Uses in the R-7 District Regulations by adding retirement housing for the elderly; Section 8.04(a) , . (b) and (d) , Minimum Development Standards, and Section 8.07 by adding a new section entitled Enclosed Parking, the City Planning Commission does hereby deter- mine to withdraw Petition 68-7-6-6. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, motion by the City Planning Commission to withdraw Petition 70-3-1-8 by the City Planning Commission pursuant to Council Resolution #138-70, to rezone property located east of Newburgh Road, south of Six Mile Road in Section 17, from R-3-B to C-1. On a motion duly made by Mr. Moser, seconded by Mr. Tent and unanimously adopted it was 1 • 9178 #5-152-71 RESOLVED that, pursuant to Council REsolution #350-71, the City Planning Commission does hereby approve the withdrawal of Petition 70-3-1-8 as submitted by the City Planning Commission pursuant to Council Resolution #138-70, to rezone property located east of Newburgh Road, south of Six Mile Road in Section 17, from R--3--B to C-1, and deems that no further action by the City is necessary. Mr. Andrew declared the motion carried the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, motion by the City Planning Commission to hold a public hearing to determine whether or not to rezone property located east of Newburgh Road, south of Six Mile Road in Section 17, from R-3-B to C-2 and P.S. in accordance with the stipulation entered into in Wayne County Circuit Civil Action No. 150-350. On a motion duly made by Mr. Tunis, seconded by Mr. Colomina and unanimously adopted it was ##5-153-71 RESOLVED that, the City Planning Commission pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to rezone property located east of Newburgh Road, south of Six Mile Road in Section 17, from R-3-B to C-2 and P.S. in accordance with the stipulation entered into F in Wayne County Circuit Civil Action No. 150-350. FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.01 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 announced the next item on the agenda, motion by the City Planning Commission to withdraw Petition 68-7-3-10 requesting to vacate either Clarita Avenue between Stamford and Farmington or that portion of Pickford Avenue between Stamford and Farmington in the Northeast 1/4 of Section 9. On a motion duly made by Mr. Talbot, seconded by Mr. Hand and unanimously adopted it was #5-143-71 RESOLVED that, pursuant to a Public Hearing having been held on October 15, 1968 on Petition 68-7-3-10 as submitted by the City Planning Commission requesting to vacate either Clarita Avenue between Stamford and Farmington or that portion of Pickford Avenue between Stamford and Farmington in the Northeast 1/4 of Section 9, • the City Planning Commission does hereby determine to withdraw Petition 68-7-3-10 and deems that no further action by the City is necessary. 9179 FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the'Livonia Observer, under date of September 25, 1968 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, motion by the City Planning Commission to withdraw Petition 68-7-3-9 requesting to vacate that portion of Elsie Avenue between Berwick and Merriman and that portion of Barkley Avenue between Stamford and Farmington in the Northeast 1/4 of Section 9. On a motion duly made by Mr. Colomina, seconded by Mr. Tunis and unanimously adopted it was #5-144-71 RESOLVED that, pursuant to a Public Hearing having been held on October 15, 1968 on Petition 68-7-3-9 as submitted by the City Planning Couuuission requesting to vacate that portion of Elsie Avenue between Berwick and Merriman and that portion of Barkley Avenue between Berwick and Merriman in the Northeast 1/4 of Section 22, the City Planning Commission does hereby determine to withdraw Petition 68-7-3-9 and deems that no further action by the City is necessary. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of September 25, 1968 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, motion by the City Planning Commission to hold apublic hearing to determine whether or not to rezone property located on the northeast corner of Seven Mile Road and Newburgh in the Southwest 1/4 of Section 5, from C-2 and RUF to C-1. On a motion duly made by Mr. Moser, seconded by Mr. Tent and unanimously adopted it was #5-156-71 RESOLVED that, the City Planning Commission pursuant to Section 23.01 of Ordinance #543, does hereby establish and order that a public hearing be held for the purpose of determining whether or not to rezone property located on the northeast corner of Seven Mile Road and Newburgh Road in the Southwest 1/4 of Section 5, from C-2 and RUF to C-1. FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.01 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. 4, Mr. Andrew declared the motion carried and the foregoing resolution adopted. 9180 • Mr. Hand announced the next item on the agenda, motion by the City Planning Commission to hold a public hearing to determine whether or not to rezone property located on the west side of Farmington Road south of Eight Mile Road in the Northeast 1/4 of Section 4, from C-2 to RUF. On a motion duly made by Mr. Colomina, seconded by Mr. Falk and unanimously adopted it was #5-157-71 RESOLVED that, the Planning Commission pursuant to Section 23.01 of Ordinance ##543, does hereby establish and order that a public hearing be held for the purpose of determining whether or not to rezone property located on the west side of Farmington Road south of Eight Mile Road in the Northeast 1/4 of Section 4, from C-2 to RUF. FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.01 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 read the -next item on the agenda, motion by the City Planning Commission to hold apublic hearing to determine whether or not to rezone property located on the southwest corner of Seven Mile Road and Farmington Road in the Northeast 1/4 of Section 9, from C-2 to C-l. On a motion duly made by Mr. Hand, seconded by Mr. Tent and unanimously adopted it was #5-158-71 RESOLVED THAT, the Planning Commission pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance, does hereby establish and order that a public hearing be held for the purpose of determining whether or not to rezone property located on the southwest corner of Seven Mile Road and Farmington Road in the Northeast 1/4 of Section 9, from C-2 to C-1. FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.01 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 announced the next item on the agenda, approval of the minutes of the meetings held by the City Planning Commission on April 20, 1971 and April 27, 1971. On a motion duly made by Mr. Moser, seconded by Mr. Colomina, it was #5-154-71 RESOLVED that, the minutes of the meeting held on April 20, 1971 and April 27, 1971 be approved. lr) A roll call vote on the foregoing resolution resulted in the following: AYES: Colomina, Falk, Moser, Pinto, Talbot, Tunis , Hand, Andrew NAYS: None ABSTAIN: ' Tent 9181 Mr. Andrew declared the motion carried and the foregoing resolution adopted. t: Mr. Rand announced the next item on the agenda, 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 South- west 1/4 of Section 10. Mr. Butcher was present and stated that his company was in an updating and cleanup program at the present time. Messrs. Hand, FAlk, Tent and Pinto advised Mr. Butcher of the dirty rundown condition of this particular station and asked that it be cleaned up. Mr. Butcher stated that he would make a personal endeavor to talk to district manager about cleaning up this particular station. On a motion duly made by Mr. Colomina, seconded by Mr. Moser and unanimously adopted it was #5-155-71 RESOLVED that, pursuant to a Public Hearing having been held on 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 .,4" side of Farmington Road between Six Mile Road and Curtis Road n 10 in the Southwest 1/4 of Section 10, the City Planning Commission does hereby recommend to the City Council that Petition 71-3-2-9 be approved for the following reasons: (1) This will allow for the upgrading of an existing service station. (2) The proposed remodeling will be more aesthetically pleasing to the area. CONDITIONS OF APPROVAL: (1) That Site Plan #S.S. 5729 shall be adhered to. (2) That Architectural Elevation Details dated 2/8/71 shall be adhered to. (3) That Landscape Plan #S.S. 5729 shall be adhered to and maintained and shall be the responsibility of Standard Oil Company if the Standard Lessee does not comply. (4) That all landscaping as shown on the approved plan shall be installed before the issuance of a Certificate of Occupancy. FURTHER RESOLVED that, notice of the above Public Hearing was IL sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Andrew declared the motion carried and the foregoing resolution adopted. 1 9182 ) On a motion duly made, seconded and unanimously adopted the City Planning Commission 7 adjourned their 229th Regular Meeting at approximately 12:00 Midnight. CITY PLANNING COMMISSION r- il,o..),,,,c.. . sVY\ .Akc4 Francis M. Hand, Seretery ATTESTED: l ' il�{ Daniel R. Andrew, Chairman IL IL • i