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HomeMy WebLinkAboutPLANNING MINUTES 1971-06-29 9201 ' MINUTES OF THE 258th -SPECIAL MEETING AND PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 29, 1971, the City Planning Commission of the City of Livonia {: held its 258th Special Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel Andrew, Chairman, called the Public Hearing to order at approximately 8:10 p.m. with approximately 100 interested persons in the audience. Members present: Joseph R. Talbot Suzanne Taylor Daniel R. Andrew Joseph J. Falk Herman Kluver H. Dow Tunis Marvin Moser Francis M. Hand Members Absent: Charles Pinto Messrs. John J. Nagy, PlanningDirector; Ralph Bakewell, Planner III; H. G. Shane, Planner III; and Robert M. Feinberg, Assistant City Attorney were also present. Mr. Hand announced the first item on the agenda, Petition 71-5-2-18 by Rodney C. Kropf, Attorney for Sam and Joy Moy, requesting to be granted a waiver use permit to expand existing restaurant located on the west side of Middlebelt Road between Munger and Six Mile Road in the Northeast 1/4 of Section 14. The Engineering Department reports no problems connected with this request. er as Mr. Kropf was present and advised the Commission advised thatthat the sitetplannhashbeenesub- in the City for twelve years. He also • mitted to the City. . Mr. Andrew asked when the garage located on the site would be removed as well as the house that is located on the property. Mr. Kropf indicated that as soon as the building was started the structure would be removed. Mr. Andrew asked whether it would be removed in one year to 18 months. Mr. Kropf stated that these structures would be removed within that time. There was no one else present wishing to be heard on the above petition 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, #6-180-71 RESOLVED that, pursuant to a Public Hearing having been held on June 29, 1971 on Petition Moy,S-2-18 as requestingutolbeed by granteddaewaiverruse, Attorney for Sam andy Jk." . permit to expand existing restaurant located on the west side of Middlebelt Road between Munger andSix lesSixoMile Roadin dinsthe he Nortre ommend 1/4 of Section 14, the City Planning for the to the City Council that Petition 71-5-2-18 be approved following reasons : (1) This is a modest and compatible expansion to the existing facility. 9202 • (2) All of the applicable ordinances of the City of Livonia have been complied with. CONDITIONS OF APPROVAL: (1) That the site plan modified by the Planning Department shall be adhered to. Dated 6/29/71. (2) That a landscape plan shall be submitted to the Planning Commission for approval within one month from the date of this approval. (3) That all landscape material as shown on the approved land- scape plan shall be installed before the issuance of a Certificate of Occupancy. (4) That a site plan shall be submitted for Planning Commission approval before commencing construction of the second phase addition. (5) That residential structures located on Lot 38A on the property in question be removed in a 24 month period. • 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand, Secretary announced the next item on the agenda, Petition 71-5-2-19 by Rodney C. Kropf, Attorney for Sam and Joy Moy, requesting to be granted a waiver use permit for a Class C liquor license to be used in conjunction with restaurant located on the west side of Middlebelt Road between Six Mile Road and Munger in the Northeast 1/4 of Section 14. Mr. Moser asked what the ruling was pertaining to the schools . Mr. Kropf replied that it was up to the discretion of the Liquor Commissioner. There was no one else present wishing to be heard on this petition and the Chairman declared the public hearing closed. On a motion duly made by Mr. Falk, seconded by Mr. Moser and unanimously adopted, it was #6-181-71 RESOLVED that, pursuant to a public hearing having been held on June 29 , 1971 on Petition 71-5-2-19 as submitted by Rodney C. Kropf, Attorney for Sam and Joy Moy, requesting to be granted waiver use permit for a Class C liquor license to be used in conjunction with restaurant located on the west side of Middlebelt Road between Munger and Six Mile Road in the Northeast 1/4 of Section 14. , the City Planning Commission does hereby recommend to the City Council that Petition 71-5-2-19 be approved for the following reasons: (1) It is compatible use in relation to a restaurant facility. (2) All of the applicable ordinances of the City of Livonia have been complied with. 9203 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand, Secretary announced the next item on the agenda, Petition 71-5-1-31 by Thompson-Brown Company requesting to rezone property located on the south side of Five Mile Road between Knolson and Houghton in the North 1/2 of Section 19, from R-1 to P.S. The Engineering Department states no problems in regard to.this petition. Mr. Ray Russell, Vice-President of Thompson-Brown Company was present and stated that the purpose of the rezoning was for an office complex. Mr. Andrew stated that under P.S. zoning the Planning Commission has jurisdiction over these sites , and that Mr. Russell had mentioned selling to other persons, and would Mr. Russell explain what he meant. Mr. Fox explained for Mr. Russell that they will issue site plans and the people they sell to must conform to the site plans because Thompson Brown Company, will maintain control through deed restriction. Mr. Hand stated that this is not a real positive setup that you can attach a time 1 for it to be developed and that it might therefore be a considerable length of time before they are ready to construct. Mr. Fox stated that is right, we are very selective in whom we rent to or do business with. Mr. Andrew asked if the site plan indicated a protective wall. Mr. Shane advised that it did not contain a protective wall. Mr. Russell stated that they felt that if the complex were kept a good distance from residential dwellings that the people might like this better than a masonry wall. Mr. Andrew stated that the Commission would like the wall included on the site plan, and that they could appeal to the Zoning Board of Appeals if they so desired. Mr. Kenneth Fitzpatrick, 15594 Dixie Court, lives to the south of proposed area and stated that he believed the Planning Commission should turn down this idea. He stated that Thompson-Brown is a good company and very respectful, but that he bought in this area because he thought it was residential and he wants it to remain that way. Mr. Ralph Cotter, 15445 Knolson was present and asked Mr. Russell how much their property would depreciate. Mr. Russell said that they felt it will not depreciate property at all. Mr. Jack Gibbons, Newburgh Heights Civic Association was present and stated that six years ago they had declared a moratorium on spot zoning. They still feel its residential property. He stated that he felt the Thompson-Brown Company should locate in an area already zoned for their purpose of which he feels their is space available. 9204 Mr. Ralph Bishop, 15592 Hix Ct. was present and stated that the mile roads were being deteriorated. He also stated that this is the last area to be built up. He asked that the Commission please consider their neighbors . Dick Murray, Blue Grass Farms Civic Association was present and stated that he had 16 pieces of paper showing that people are not in favor of this development. Mr. Murray was instructed by Mr. Andrew to submit the signatures to the Secretary for recording. Mr. Conrad, 15136 Norman was present and asked the Commission if the Commission's decision in this matter was based on how many people come up to this microphone and complain. Mr. Andrew advised him that he voted in the best interest of the City. Mr. Kucher, 38685 Five Mile Road, Lot 49 said that he lived next door to the proposed site and he does not like it. Mrs . Clara Habon, 15191 Houghton was present and stated that he life savings are in her home. She does not approve of the rezoning. A resident residing at 38686 Elsie was present and stated that he bought here because it was zoned residential. He objects to the rezoning. Walter Hartman, 38449 Roycroft was present and stated that the rezoning would lower the valuation of their property. 1EV Fred Oswald, 38630 Elsie was present and stated that he would walk right into a brick wall when he walked out of his house. He is against the rezoning. Mrs. Skandicate, 38701 Elsie, was present and stated that maybe the gentlemen from Thompson-Brown paid too much for this property, and that maybe they had made a mistake. . She also stated that if they have to go to court they would do this. There was no one alse present wishing to be heard and Mr. Andrew, Chairman declared the public hearing closed on this item. On a motion duly made by Mr. Hand, seconded by Mr. Tunis and unanimously adopted, it was #6-182-71 RESOLVED that, pursuant to a Public Hearing having been held on June 29, 1971 on Petition 71-5-1-31 by Thompson-Brown Company requesting to rezone property located on the south side of Five Mile Road between Knolson and Houghton in the North 1/2 of Section 19, from R-1 to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 71-5-1-31 be denied for the follow- ing reasons: (1) There is insufficient need in this location for additional professional service zoning. 1)..; (2) There is already available in the area vacant professional service zoned land to accommodate the projected needs for professional services. (3) The Commission believes the residential classification should remain at this location. 9205 FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of June 9, 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand, Secretary announced the next item on the agenda, Petition 71-6-1-32 by the City Planning Conunission on its own motion 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. Ray Cole, representing the owner of a convenience food service business was present and stated that it was their feeling that it is properly zoned right now. Mr. Gerald Cook, Attorney representing Boron Oil was present and stated that they felt the property should not be rezoned. Mr. Andrew asked whether the residential structure on this property belonged to Boron Oil. Mr. Cook stated that it did not. There was no one else present to be heard on this petition and Mr. Andrew declared the public hearing closed. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted it was #6-183-71 RESOLVED that, pursuant to a Public Fearing having been held on June 29, 1971 on Petition 71-6-1-32 by the City Planning Commission on its own motion 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, the City Planning Commission does hereby recommend to the City Council that Petition 71-6-1-32 be approved for the following reasons: (1) There is no need to intensify the use of this property in this location to the extent permitted under C-2 zoning. (2) The Commission believes that there are already a sufficient amount of C-2 uses existing within the vicinity of this site. (3) The Master Plan indicates a limited commercial use for this location relating to local neighborhood needs only. (4) It is always a good policy to make property lines and zoning lines contiguous. FURTHER RESOLVED that, notice of the above public hearing was IL; published in the official newspaper, the Livonia Observer, under date of June 9, 1971 and a notice of such hearing was sent to the Detroit Edison 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. 9206 ( Mr. Hand, Secretary announced the next item on the agenda, Petition 71-6-1-33 by the City Planning Commission on its own motion 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. Mr. Clarence Charest was present representing Mr. and Mrs . Lee of Lee Landscaping. He asked Mr. Andrew why the Commission wanted to rezone this property. Mr. Andrew advised that the Commission wanted to rezone this because of existing use. Mr. Charest then asked that the Commission dismiss this request for rezoning. He advised the Commission that Mr. and Mrs. Lee have conducted Lee Landscaping for many years and prior to this had an oil business operating there. Mr. Charest submitted a petition with 26 signatures that object to the rezoning. There was no one else wishing to be heard on this petition and Mr. Andrew declared the public hearing closed. On a motion duly made by Mr. Hand, seconded by Mr. Moser and unanimously adopted it was #6-184-71 RESOLVED that, pursuant to a Public Hearing having been held on June 29, 1971 on Petition 71-6-1-33 by the City Planning Commission !E7 on its own motion 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, the City Planning Commission does hereby determine to table this item until the next study meeting. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand, Secretary announced the next item on the agenda, Petition 71-6-1-34 by the City Planning Commission on its own motion 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. Mr. Cook representing Boron Oil was present and stated that this is a site that is owned by a number of people. The Zady family owns a portion of the property and the widow Faust owns the rest. Boron Oil has an option on this site and this is a C-2 zoning and it has been for sale for many years . He also stated that it has been very hard to sell now if it is restricted to C-1 it will restrict the sale of the property further. Mr. Deremo representing the widow Mrs. Faust was present and stated that his client objected to it being zoned C-1. Mr. Andrew stated that he felt the proposed zoning to a P.S. rather than a C-1 would make it easier for a prospective buyer to purchase and build on this site. A P.S. would require 40 ft. setback and you could easily build a 60 ft. building. There was no one else wishing to be heard on this item and Mr. Andrew declared the public hearing closed. On a motion duly made by Mr. Hand seconded by Mr. Falk and adopted it was, 9207 #6-185-71 RESOLVED that, pursuant to a Public Hearing haying been held on i: June 29, 1971 on Petition 71-6-1-34 as submitted by the City Planning Commission on its own motion requesting 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 P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 71-6-1-34 be approved as amended to read from C-2 to P.S. for the following reasons : (1) There is sufficient commercially zoned land existing in the area to serve the affected neighborhoods. (2) The existing land uses more properly belong in a P.S. category. • (3) The high intensity of use existing and proposed in the immediate vicinity to subject lands does not justify an increase in the amount of high traffic-generating uses permitted within the C-2 zoning district. (4) The general character of the district south of this area is in the P.S. category and it would be in the best interest for that general area to expand these uses . FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of June 9, 1971 and a notice of such hearing was ilL 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 resulted in the following: AYES: Falk, Kluver, Talbot, Taylor, Tunis, Hand, Andrew NAYS: Moser ABSENT: Pinto The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand, Secretary announced the next item on the agenda, Petition 71-6-6-3 by the City Planning Commission on its own motion to amend Section 13.06 Surfacing and Drainage, of Ordinance #543, to require paving of off- street parking lots for all new commercial and industrial businesses. • There was no one in the audience wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Tunis, seconded by Mr. Falk and unanimously adopted it was, #6-186-71 RESOLVED that, pursuant to a public hearing having been held on June 29, 1971 on Petition 71-6-6-3 by the City Planning Commission on its own motion to amend Section 13.06 Surfacing and Drainage, of Ordinance #543, to require paving of off-street parking lots for all new commercial and industrial businesses, the City Planning Commission does hereby recommend to the City Council that Petition 71-6-6-3 be approved for the following reasons: 9208 (1) This is a needed tool for the purpose of regulating the construction of parking facilities in our commercial and industrial areas to insure proper drainage, and appearance of said parking facilities. (2) This is a necessary regulatory tool for use in the implementation process of City development. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of June 9, 1971 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company acid City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand, Secretary announced the next item on the agenda, Petition 71-6-6-4 by the City Planning Commission on its own motion to amend Section 18.38, Off-Street Parking Schedule, to change the off-street park- ing requirements for office buildings. There was no one wishing to be heard on this item and the Chairman declared the public hearing closed. On a motion duly made by Mrs. Taylor, seconded by Mr. Kluver and unanimously 140 adopted it was #6-187-71 RESOLVED that, pursuant to a public hearing having been held on June 29, 1971 on Petition 71-6-6-4 as submitted by the City Planning Commission on its own motion to amend Section 18.38, Off-Street Parking Schedule, to change the off-street parking requirements for office buildings, the City Planning Commission does hereby recommend to the City Council that Petition 71-6-6-4 be approved for the following reasons: (1) The proposed amendment will provide for more adequate regulation of the provision of proper automobile parking facilities as it relates to practical usage thereof. (2) This is a necessary regulatory tool for use in the implementation process of City Development. FURTHER RESOLVED that, notice of the above public hearing Was published in the official newspaper, the Livonia Observer, under date of June 9, 1971, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio ooRaRailway r Campany Company, Michigan Bell Telephone Company, Consumers and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand, Secretary announced the next item on the agenda, Petition 71-6-6-5 by the City Planning Commission on its own motion to amend Section 11.03, Waiver Uses, of Ordinance #543 by revising requirement standards for gas stations drive-in restaurants and auto washes. There was no one else present wishing to be heard on this item and the Chairman declared the public hearing closed. 9209 lk On a motion duly made by Mr. Kluver, seconded by Mr. Tunis and unanimously adopted it was, r #6-188-71 RESOLVED that, pursuant to a Public Hearing having been held on June 29, 1971 on Petition 71-6-6-5 by the City Planning Commission on its own motion to amend Section 11.03, Waiver Uses, of Ordinance #543 by revising requirement standards for gas stations, drive-in restaurants and auto washes, the City Planning Commission does hereby recommend to the City Council that Petition 71-6-6-5 be approved for the following reasons: (1) The proposed standards contemplated are a very necessary addition to the Zoning Ordinance in order to more adequately control the highway service uses involved. (2) These are necessary regulatory tools for use in the implementation process of City Development. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of June 9, 1971, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Andrew announced a brief recess at 9:50 p.m. Mr. Hand, announced the next item on the agenda, Petition 71-4-8-8 by Wah Yae Associates requesting Site Plan approval for a shopping center/office complex proposed to be located on the southeast corner of Six Mile and Newburgh Roads. Mr. Andrew asked whether the landscape plan submitted as part of the site plan was the landscape plan that takes into consideration the walk. Mr. Nagy advised that it was that landscape plan in question. Mr. Andrew asked whether it indicated the size of walk. there Mr. Nagy stated that/is a five foot walk provided. On a motion duly made by Mr. Talbot, seconded by Mr. Hand and unanimously adopted it was, 4#6-189-71 RESOLVED that, the City Planning Commission, pursuant to Section 18.57 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #850, having reviewed site plan revised June 23, 1971 does hereby recommend to the City Council that Petition 71-4-8-8 as submitted by Wah Yee Associates requesting site plan approval for a shopping center, office complex proposed to be located on the southeast corner of Six Mile Road and Newburgh Road be approved for the following reasons: (1) It conforms to all of the applicable ordinances of the City of Livonia. 9 210 (2) It is of substantial architectural merit to justify approval. approved with the following conditions: (1) That Site Plan prepared by Wah Yee Associates, Architects, revised June 23, 1971 shall be adhered to. (2) That Landscape Plan #7114-1 and 2 prepared by Prote/Krause Associates shall be adhered to. (3) That all landscape material as shown on the approved Landscape Plan shall be installed before the issuance of a Certificate of Occupancy, except for the landscape material shown adjacent to the office structures which shall be installed after the third office structure is erected. (4) That the outdoor lighting facilities shall conform to Site Plan #2 by Wah Yee Associates . (5) That the building architecture shall conform to the architectural drawings submitted by Wah Yee Associates Plans #3, #4, and #5. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand, Secretary announced the next item on the agenda, Petition 71-6-8-10 by Clarence Jahn requesting approval of all plans in connection with expansion and renovation of existing building located on the west side of Farmington Road south of Five Mile Road in the Northeast 1/4 of Section 21. On a motion duly made by Mr. Kluver, seconded by Mrs . Taylor and adopted it was, #6-190-71 RESOLVED that, pursuant to Section 18.47 of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #784, the City Planning Commission does hereby recommend to the City Council that Petition 71-6-8-10 by Clarence Jahn requesting approval of all plans in connection with expansion and renovation of existing building located on the west side of Farmington Road south of Five Mile Road in the Northeast 1/4 of Section 21 be approved with the following conditions: (1) That the site plan prepared by Lindhout & Associates shall be adhered to. (2) That the south building elevation shall conform to the building plans submitted by Lindhout & Associates. (3) That a revised landscape plan shall be submitted to the Planning Commission for approval. (4) That all landscape material as shown on the approved landscape plan shall be installed before the issuance of a Certificate of ,� Occupancy. 9211 for the following reasons: (1) It represents a substantial upgrading to the existing development of the area. (2) It is architecturally compatible to the existing and proposed development of the area. A roll call vote on the foregoing resolution resulted in the following: AYES: Falk, Moser, Talbot, Taylor, Kluver, Hand, Andrew NAYS: Tunis ABSENT: Pinto Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand, Secretary announced the next item on the agenda, Petition 71-6-8-9 by Robert F. Adams, LanDevel Enterprises , Inc. , requesting approval of all plans in connection with a Pic-Way Shoe Mart proposed to be located on the south side of Plymouth Road, east of Middlebelt Road in the Northwest 1/4 of Section 36. On a motion duly made by Mr. Hand, seconded by Mr. Talbot and adopted it was , #6-191-71 RESOLVED that, pursuant to Section 18.55 of Ordinance #543, t the Zoning Ordinance of the City of Livonia, as amended by Ordinance #787, the City Planning Commission does hereby recommend to the City Council that Petition 71-6-8-9 by Robert F. Adams, LanDevel Enterprises, Inc: , requesting approval of all plans in connection with a Pic-Way Shoe Mart proposed to be located on the south side of Plymouth Road, east be f Middlebelt Road in the Northwest 1/4 of Section 36, approved with the following conditions: (1) That petition be approved on basis that site plan dated June 29, 1971 shall be considered the approved site plan. (2) The approval is conditioned upon the Zoning Board of Appeals granting the petitioner a front yard variance of 50 ft. (3) That the landscaping as shown on the approved plan shall be installed prior to the issuan%^ of certificate of occupancy. A roll call vote resulted in the following: AYES: Falk, Moser, Talbot, Hand, Andrew NAYS: Kluver, Taylor, Tunis ABSENT: Pinto The Chairman declared the motion carried and the foregoing resolution adopted. Hand announced the next item on the agenda, Letter dated June 3, 1971 from A.W.Miller requesting a one-year extension of preliminary plat approval for Currie Court Industrial Subdivision proposed to be :Ar. located on the northeast corner of Newburgh and Amrhein Road in the Northwest 1/4 of Section 29 . On a motion duly made by Mr. Tunis, seconded by Mr. Kluver and unanimously adopted it was, 9212 t.. #6-193-71 RESOLVED that, pursuant to a request dated June 3, 1971 from A. W. Miller President, A. W. Miller, Inc. , for a one year extension on preliminary IL; plat approval for Currie Court Industrial Subdivision proposed to be located on the northeast corner of Newburgh and Amrhein Road in the Northwest 1/4 of Section 29, the City Planning Commission does hereby grant said request. Section 6.07 (2) Subdivision Rules and Regulations states "The tentative approval will be valid for a period of one (1) year only from the date of the approval resolution unless the subdivider applies for and obtains an extension of such period. Mr. Hand announced the next item on the agenda, letter dated June 14, 1971 from A. J. Erwin requesting a one-year extension of waiver use Petition 70-2-2-4 by Green, Ettenheimer, Farber, Binkow and Shell Oil Company requesting a waiver use permit to allow property located on the northwest corner of Joy Road and Hix Road in Section 31 to be used for a service station. On a motion duly made by Mr. Kluver, seconded by Mr. Talbot and unanimously adopted it was, #6-193-71 RESOLVED that, pursuant to a letter dated June 14, 1971 from A. J. Erwin requesting a one-year extension of waiver use approval to allow property located on the northwest corner of Joy Road and Hix Road in Section 31 to be used for a service station as given in Planning Commission Resolution #3-30-70 relative to Petition 70-2-2-4, the City Planning Commission does hereby recommend to the City Council that an extension be granted for a ninety (90) day period from the date of this resolution for the following reason: (1) It conforms to all of the applicable Ordinance of the City of Livonia. CONDITIONS OF APPROVAL: (1) That this extension be granted for a ninety (90) day period only. (2) That the landscape plan submitted by Shell Oil Company shall be adhered to. (3) That all landscape material as shown on the approved plan shall be installed before issuance of a certificate of Occupancy. Mr. Andrew declared the motion carried and the above resolution adopted. Mr. Hand announced the next item on the agenda, request for approval of revised site plan approved in granting waiver use Petition 70-11-2-26 by Joseph St. Cyr for St. Colette's Church requesting 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. m. 9212a )On a motion duly made by Mr. Moser, seconded by Mr. Talbot and adopted it was, #6-194-71 RESOLVED that, the City Planning Commission does hereby approve ti, of the modification in Site Plan #7025, Sheet A-1R, dated June 22, 1971, prepared by Joseph St. Cyr & Associates, Inc. , submitted in connection with Petition 70-11-2-26 by Rev. Joseph F. Ferens, St. Collette 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 South- west 1/4 of Section 8 subject to the following conditions: 14. 9213 (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 Certificate of Occupancy. A roll call vote resulted in the following: AYES: Kluver, Moser, Talbot, Taylor, Tunis, Hand NAYS: None ABSTAIN: Falk, Andrew ABSENT: Pinto The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Council Resolution #416-71 requesting the City Planning Commission on its own motion to initiate a petition to rezone Lots 75 through 86 in E. G. Settle Realty Company's Bonaparte Gardens Subdivision in the Southeast 1/4 of Section 35 from R-1 to P or such other zoning as the Planning Commission may deem an appropriate classification and thereafter submit its report and recommendation to the Council. On a motion duly made by Mr. Hand, seconded by Mr. Falk and unanimously adopted it was #6-195-71 RESOLVED that, pursuant to Council Resolution #416-71 requesting the Planning Commission on its own motion to initiate a petition to rezone Lots 75 through 86 in E. G. Settle Realty Company's Bonaparte Gardens Subdivision in the Southeast 1/4 of Section 35 from R-1 to P or such other zoning as the Planning Commission may deem an appropriate classification and thereafter to submit its report and recommendation to the Council; and, after studying the present zoning classification of the lots in question as well as the zoning classification and use of the surrounding lands, the City Planning Commission does hereby determine and recommends to the City Council that the present zoning classification of Lots 75 through 86 (R-1) is the appropriate classification and deems that no further action is necessary. The Chairman declared the motion carried and the foregoing resolution adopted. The next item on the agenda was approval of the minutes of the meeting held by the City Planning Commission on May 25, 1971. On a motion duly made by Mr. Tunis, seconded by Mr. Falk and adopted it was RESOLVED that, the minutes of the meeting held by the City Planning Commission on May 25, 1971 be approved. A roll call vote on the above resulted in the following: AYES: Falk, Talbot, Tunis, Hand, Andrew ABSTAIN: Kluver, Moser, Taylor ABSENT: Pinto The Chairman 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 a public hearing to determine whether or not to rezone Lots #547, 548 and 549 of Supervisor's Livonia Plat #9 located in the Southeast 1/4 of Section 30, from C-2 to P.O. On a motion duly made by Mr. Hand, seconded by Mr. Tunis and unanimously adopted, it was #6-197-71 RESOLVED that, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone Lots 547, 548 and 549 of Supervisor's Livonia Plat #9 located in the Southeast 1/4 of Section 30, from C-2 to P.O. The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Hand, seconded by Mr. Talbot, and adopted it was #6-198-71 RESOLVED that, the Planning Department, 1971-72 Budget as submitted be accepted and approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Falk, Kluver, Talbot, Taylor, Hand, Andrew NAY: Moser, Tunis ABSENT: Pinto The Chairman declared the motion carried and the foregoing resolution adopted. ILI .: On a motion duly made, seconded and unanimously carried, the City of Livonia Planning Commission adjourned its 258th Special Meeting held on June 29, 1971 at approximately 10:45 p.m. CITY PLANNING COMMISSION kW/kJ LtA -14k, Francis M. Hand, Secretary ATTESTED: Daniel R. Andrew, Chairman