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HomeMy WebLinkAboutPLANNING MINUTES 1971-09-21 9258 J. • MINUTES OF THE 233rd REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, September 21, 1971 the City Planning Commission of the City of Livonia held its 233rd Regular Meeting and Public Hearings at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. - Mr. Daniel R. Andrew, Chairman, called the Public Hearings and 233rd Regular Meeting to order at approximately 8:10 p.m. with approximately 30 interested persons in the audience. • Members present: Charles Pinto Suzanne Taylor Joseph J. Falk Francis Hand Joseph Talbot Herman Kluver H. Dow Tunis Daniel R. Andrew Messrs. John J. Nagy, Planning Director; H. G. Shane, Planner IV; Allen Nowak, Planner I, and Robert M. Feinberg, Assistant City Attorney, were also present. Mr. Hand announced the first item on the agenda is Petition 71-8-1-51 by Robert C. Horvath for Livonia Associates requesting to rezone property located on the east side of Gill Road, south of Eight Mile Road in the Northeast 1/4 of Section 4, from RUF to R-8. Mr. Nagy stated that,according to a letter in the file, Consumers Power Company has no objection to this rezoning, and that the Engineering Division has advised the Planning Department that utilities will have to be extended along Seven Mile and Gill Roads to provide utilities for the site. Mr. Horvath, petitioner, was present and explained that Livonia Associates is a group of businessmen in the Livonia area whose intention is to develop this site into housing which could serve residents of Livonia as well as retirees and that a portion of the land is to be set aside for senior citizens. Mr. Horvath introduced Mr. James Leaf, Director Associate of Giffel Associates and Mr. John Dziurman, Designer of the project, also with Giffel Associates. Mr. Hand stated that an attempt to put 2,000 people in the area of Gill Road which is unpaved will create an unfavorable traffic condition:.. Mr. Dziurman stated it was his understanding that Gill Road is to be widened by the City. Mr. Andrew asked if there would be any objection to a benefit assessment. Mr. Horvath stated there would be no objection to a benefit assessment. Mr. Horvath further stated there were to be turning lanes off Gill Road. Mr. Hand requested to know if the zoning is approved do the developers anticipate that the project will be developed at one time. 9259 Mr. Horvath stated that it would be developed 20% at a time. Mr. Hand asked what period of time was anticipated for completion. Mr. Horvath stated it was to be a two year project. Mr. Andrew asked whether this project was to be a condominium type. Mr. Horvath stated that they would be rental type units . Mr. Horvath further stated that they would bring a sewer down Gill Road for 600 ft. and into the project with the expense carried by them. Mr. Hand asked how high the structures would be. Mr. Dziurman stated there would be a six, five and four story apartment and that approximately 1/2 of the project would be two and half to three stories. Mr. Hand asked whether the Schostak property abutted this project to the south. Mr. Nagy stated that it did not. Mr. Andrew asked whether the piece east of the site was the Schostak property. Mr. Nagy stated it was. tMr. Ralph Kersten, 20013 Farmington Road was present and wanted to know what kind of a retaining wall was to be put up, and if there would be any burning taking place. Mr. Andrew advised him that activities would be carried out to code of the City of Livonia. Mr. Kluver asked if there was approval for the use of the flood plain area. Mr. Andrew stated that flood plain approval is not required until a site plan approval is sought. There was no one else wishing to be heard on this petition and the Chairman declared the public hearing closed. On a motion duly made by Mr. Pinto, seconded by Mr. Falk and adopted it was , #9-242-71 RESOLVED that, pursuant to a Public Hearing having been held on September 21, 1971 on Petition 71-8-1-51 as submitted by Robert C. Horvath for Livonia Associates requesting to rezone property located on the east side of Gill Road, south of Eight Mile Road in the Northeast 1/4 of Section 4, from RUF to R-8, the City Planning Com- mission does hereby determine to table this item for further study. A roll call vote resulted in the following: AYES: Falk, Kluver, Pinto, Talbot, Taylor, Tunis, Hand NAYS: None ABSTAIN: Andrew (per Article 7, Section 3 Rules and Procedures of the City Planning Commission) ABSENT: None 9260 The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-8-1-52 by Robert C. Horvath for Livonia Associates requesting to rezone property located on the south side of Eight Mile Road between Farmington Road and Gill Road in the Northeast 1/4 of Section 4, from RUF to C-4. Mr. Dziurman touched on the highlights of this multi-level center which they propose to build on this site. There would be 400,000 square feet of shopping, with 300 more parking spaces than required. There will be pedestrian bridges over the drain between the houses and the center. There would be ice skating in the winter and strolling musicians in the summer. Mr. Andrew advised the Commission and the audience that the net revenue the City would realize from this project would be $800,000 per year. 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. Hand, seconded by Mr. Talbot and adopted it was, #9-242a RESOLVED that, pursuant to a public hearing having been held on September 21, 1971 on Petition 71-8-1-52 as submitted by Robert C. Horvath for Livonia Associates requesting to rezone property located on the south side of Eight Mile Road between Farmington Road and Gill Road in the Northeast 1/4 of Section 4 from RUF to C-4, the City Planning Commission does hereby determine to table this item for further study. A roll call vote resulted in the following: AYES: Falk, Kluver, Pinto, Talbot, Taylor, Tunis, Hand NAYS: None ABSENT: None ABSTAIN: Andrew The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand read the next item on the agenda, Petition 71-8-1-49 by the City Planning Commi3sion on its own motion to rezone Lot 34a228, Rosedale Gardens Subdivision #1, located on the south side of Plymouth Road east of Blackburn in the Northeast 1/4 of Section 34, from P. to P.S. There was no one else present wishing to be heard on this item and the Chairman declared the public hearing closed. On a motion duly made by Mr. Tunis, seconded byMr. Kluver and unanimously adopted it was, #9-243-71 RESOLVED that, pursuant to a public hearing having been held on September 21, 1971 on Petition 71-8-1-49 as submitted by the City Planning Commission on its own motion to rezone Lot 34a228, Rosedale Gardens Subdivision #1, located on the south side of Plymouth Road east of Blackburn in the Northeast 1/4 of Section 34 from P to P.S. , the City Planning Commission does hereby determine to withdraw this petition. The Chairman declared the motion carried and the foregoing resolution adopted. • 9261 1[4 Mr. Hand announced the next item on the agenda, Petition 71-8-1•-50 by James F. • Finn and Michael J. Michael requesting to rezone a portion of Lot 20E2a2a1 located on the east side of Levan Road, south of Five Mile Road in the Northeast 1/4 of Section 20, from C-1 to C-2. The Engineering Department and Consumers Power Company have registered no objection to the rezoning. Mr. Finn and Dr. Michael were present. Mr. Finn advised the Commission that they proposed to have a Big Boy Restaurant erected on this site. He advised that it would be a family type restaurant and not a drive-in facility. Mrs . Radzialowski, Administrator of St. Mary's Hospital, was present and stated that the noise would not affect the hospital. She wondered about parking since the hospital is tight on parking space now. Mr. Finn advised that there would be sufficient parking. 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. Tunis, seconded by Mrs. Taylor and unanimously adopted it was #9-244-71 RESOLVED that, pursuant to a Public Hearing having been held on September 21, 1971 on Petition 71-8-1-50 as submitted by James F. Finn and Michael J. Michael requesting to rezone a portion of Lot 20E2a2a1 located on the east side of Levan, south of Five Mile Road in the Northeast 1/4 of Section 20 from C-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 71-8-1-50 be denied for the following reasons: (1) The intensity of use as permitted under C-2 zoning could adversely affect the stability of the adjacent residential development. (2) The intensity of use created by C-2 zoning would generate additional traffic which would tend to over-load the existing roads within the area, particularly Levan Road which is only designed to be a half-mile road. It is presently only a two- lane road in this location. (3) C-2 zoning generally makes provision for more intensified commercial uses. The increase and influx of traffic into this area would cause a serious safety problem because Levan Road is inadequate to handle it and would also have an adverse effect upon the stability of the existing residential neighborhoods north and south along Levan Road. (4) This sector of the City has numerous community facilities such as the hospital, churches and schools that would be adversely affected by the high intensity and large volumes of transient traffic that cannot be properly conveyed on the existing pavements within the area. (5) The needs of the area are presently adequately serviced by the existing commercial facilities. There is no need to 9262 expand commercial development at the intensity of use permitted under C-2 zoning to satisfy the needs of Livonia's residents in 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 September 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-8-1-53 by Edward L. Marzka for Woodland Lanes requesting to rezone a portion of Lot 210 of Supervisor's Plat #2 located south of Plymouth Road, west of Farmington Road in the Northeast 1/4 of Section 33, from RUF to P. The Engineering Department advises no problems. Mr. Peter Hodges representing Woodland Lanes was present and stated that they wanted the rezoning in order to expand the parking facilities. Mrs. Taylor asked Mr. Hodges whether it was their intention to light the parking area. Mr. Hodges stated that it was. There was no one else present wishing to be heard on this petition and the Chairman declared the public hearing closed. #9-245-71 RESOLVED that, pursuant to a public hearing having been held on September 21, 1971 on Petition 71-8-1-53 as submitted by Edward L. Marzka for Woodland Lanes requesting to rezone a portion of Lot 210 of Supervisor's Plat #2 located south of Plymouth Road, west of Farmington Road in the Northeast 1/4 of Section 33, from RUF to P, the City Planning Commission does hereby recommend to the City Council that Petition 71-8-1-53 be approved for the following reasons: (1) It will provide for a reasonable and limited expansion of development within the area zoned for commercial development. (2) It will provide for additional parking needed within the area. (3) Parking uses when well-screened will not have an adverse effect on residential property. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of September 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. The Chairman declared the motion carried and the foregoing resolution adopted. 9263 Mr. Hand announced the next item on the agenda, Petition 71-8-3-7 by the City Planning Commission requesting to vacate a ten-foot wide public walkway adjacent to Lots 26 and 27 of Coventry Gardens West Subdivision, located west of Ashurst, north of Five Mile Road in the Southwest 1/4 of Section 16. Mr. George Cook 15641 Fairlane was present and stated he had no objection to the vacating of the easement. Mr. Arthur Medwedeff, 15555 Fairlane was present and he stated he had no objection to the vacating of the easement. There was no one else present wishing to be heard on the petition 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 4#9-246-71 RESOLVED that, pursuant to a public hearing having been held on September 21, 1971 on Petition 71-8-3-7 as submitted by the City Planning Conmission requesting to vacate a ten-foot wide public walkway adjacent to Lots 26 and 27 of Coventry Gardens West Subdivision located west of Ashurst, north of Five Mile Road in the Southwest 1/4 of Section 16, the City Planning Commission does hereby recommend to the City Council that Petition 71-8-3-7 be approved subject to the retention of the public utility easement in that portion of the right-of-way recommended for vacating, 1[0: for the following reasons: (1) There is no public necessity to provide the pedestrian walkway. (2) The need for the walkway has been eliminated by the proposed sidewalk to be built along the Five Mile Road right-of-way. (3) The Livonia Board of Education has not indicated a need to retain this walkway dedication. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of September 4, 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-4-2-15 by Bernard J. Whitman, Boron Oil Company, requesting to be granted a waiver of use approval to construct a modern facility gasoline station on a portion of tax parcel 26A1a, b2a, located on the southwest corner of Schoolcraft and Middlebelt Roads in the Northeast 1/4 of Section 26. The Engineering Department advises there are no storm sewer facilities. • 9264 Mr. Roland Marshall, representing Boron Oil, was present and advised that this facility would dispense gas and that their company had an opportunity to pur- chase land to the south in 1974 and at which time they would expand their facilities. Mr. Andrew asked Mr. Marshall how this company proposed to take care of the sewer condition. Mr. Marshall stated that he was unfamiliar as to how the sewer situation would be handled but was sure their Engineering Department was aware of how to take care of the sewer condition. On a motion duly made by Mr. Kluver, seconded by Mrs. Taylor and unanimously adopted it was • #9-247-71 RESOLVED that, pursuant to a public hearing having been held on September 21, 1971 on Petition 71-4-2-15 by Bernard J. Whitman, Boron Oil Company, requesting to be granted a waiver of use approval to construct a modern facility gasoline station on a portion of Tax Parcel 26Ala, b2a, located on the southwest corner of Schoolcraft and Middlebelt Roads in the Northeast 1/4 of Section 26, the City Planning Commission does hereby recommend to the City Council that Petition 71-4-2-15 be denied for the following reasons: (1) The proposed use does not meet the minimum Zoning Ordinance requirements of Zoning Ordinance #543, Section 11.03(a) . 111:1; (2) The proposed use does not meet the minimum standards of the Zoning Ordinance as they pertain to setback dimensions, frontage along a commercial street and minimum lot area requirements. (3) The area is already being serviced by similar facilities and there is no need for additional facilities of this type at this location at this time. This proposed site already abuts an existing facility to the south and there exists a similar facility directly to the north. (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 it relationship to and from the use will be hazardous and inconvenient and will unduly conflict with the normal traffic-carrying capacity of the abutting roads. (6) 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. 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. 9265 The Chairman declared the motion carried and the foregoing resolution adopted. The Chairman declared a brief recess at 10:10 p.m. The meeting was reconvened at approximately 10:20 p.m. with all members present as were present for the initial roll call. Mr. Hand announced the next item on the agenda, Petition 71-8-8-14 by Clarence Jahn requesting approval of all plans in connection with a change of use for an existing building located on the west side of Farmington Road, south of Five Mile Road in the Northeast 1/4 of Section 21, pursuant to the Civic Center Vicinity Control Ordinance. On a motion duly made by Mr. Tunis, seconded by Mr. Pinto and unanimously. adopted it was #9-248-71 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #784, the City Planning Commission does hereby recommend to the City Council that Petition 71-8-8-14 by Clarence Jahn requesting approval of all plans in connection with a change of use for an existing building located on the west side of Farmington, south of Section 21, be approved for the following reasons: (1) The proposed use is compatible to the surrounding uses of the area. (2) The proposed use is consistent with the permitted uses of the established C-2 Zoning District. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-8-5-4 by Raymond R. Martin for Angelo DiPonio requesting to remove topsoil from property located on the northwest corner of Six Mile and Newburgh Roads in the Southeast 1/4 of Section 7. On a motion duly made by Mr. Hand, seconded by Mr. Talbot and unanimously adopted it was #9-249-71 RESOLVED that, in conformance with Section 18.13D of Ordinance #543, the Zoning Ordinance, the City Planning Commission does hereby grant Petition 71-8-5-4 by Raymond R. Martin for Angelo DiPonio requesting to remove topsoil from property located on the northwest corner of Six Mile and Newburgh Roads in theSouth- east 1/4 of Section 7, subject to compliance with regulations of the Engineering Division and Police Department for the following reasons : (1) The removal of topsoil will not adversely affect any adjacent development and will not adversely affect the development potential of the site. FURTHER RESOLVED that, the applicant deposit with the City Clerk a corporate surety bond in the amount of $72,000 and 9266 a cash bond in the amount of $7,200; such bonds shall be for an indefinite period until released and discharged by resolu- tion of the City Planning Commission; and FURTHER RESOLVED that, the applicant shall apply for and obtain the permit herein authorized within thirty (30) days from the date of this resolution. 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 a portion of Lots 228, 229 and 230 of Rosedale Gardens Subdivision 461, located on the south side of Plymouth Road east of Blackburn in the Northeast 1/4 of Section 34, from C-1 and P to P.S. On a motion duly made by Mr. Talbot, seconded by Mr. Kluver and unanimously adopted it was #9-250-71 RESOLVED that, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone a portion of Lots 228, 229 and 230 of Rosedale Gardens Sub- division #1, located on the south side of Plymouth Road east 14 ;, of Blackburn in the Northeast 1/4 of Section 34, from C-1 and P to P.S. 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, motinn by the City Planning Commission to hold a public hearing to determine whether or not to rezone a portion of Lots 229 and 230 of Rosedale Gardens Subdivision #1, located south of Plymouth Road east of Blackburn in the North- east 1/4 of Section 34, from C-1 to P. On a motion duly made by Mr. Tunis, seconded by Mr. Hand and unanimously adopted it was #9-251-71 RESOLVED that, pursuant to Section 23.01 of Ordinance 44543, the Zoning Ordinance of the City of Livonia, as amended, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone a portion of Lots 229 and 230 of Rosedale Gardens Subdivision 441, located south of Plymouth Road east of Blackburn in the Northeast 1/4 of Section 34 from C-1 to P. 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. 9267 The Chairman declared the motion carried and the foregoing resolution adopted. 1E: Mr. Hand announced the next item on the agenda is Petition 71-6-2-20 by Richard C. Gregory requesting to be granted a waiver use permit to fill the south portion of a vacant lot located on the north side of Terrence Drive between Middlebelt and Harrison in the Northwest 1/4 of Section 13, making it suitable for a residential building. On a motion duly made by Mr. Falk, seconded by Mr. Tunis, and unanimously adopted, it was #9-252-71 RESOLVED that, pursuant to a Public Hearing having been held on August 10, 1971 on Petition 71-6-2-20 as submitted by Richard C. Gregory requesting to be granted a waiver use permit to fill the south portion of a vacant lot located on the north side of a vacant lot located on the north side of Terrence Drive between Middlebelt and Harrison in the Northwest 1/4 of Section 13, the City Planning Commission does hereby recommend to the City Council that Petition 71-6-2-20 be denied for the following reasons: (1) The proposal to fill a portion of the flood plain is in conflict with Zoning Ordinance #543, Article XXVIII, Flood Plain District Regulations. (2) The impoundment capacity of the flood plain will be reduced and flow characteristics of the flood plain will be restricted. CO The height, shape and extent of the proposal to fill a portion of the flood plain will adversely affect the abutting residential properties. 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 is Petition 71-7-2-23 by Rodney C. Kropf, Attorney for Earl and Donna Sonac, request- ing to be granted a waiver use permit to fill in a portion of Parcel 13 Haa2lbl which falls within the flood plain area on property located on the south side of Grove Avenue, east of Middlebelt Road in the Northwest 1/4 of Section 13. On a motion duly made by Mr. Tunis, seconded by Mr. Kluver, and unanimously adopted, it was #9-253-71 RESOLVED that, pursuant to a Public Hearing having been held on to, August 10, 1971 on Petition 71-7-2-23 as submitted by Rodney C. Kropf, Attorney for Earl and Donna Sonac, requesting to be granted a waiver use permit to fill in a portion of Parcel 13 R9a21b1 which falls within the flood plain area on property 9268 located on the south side of Grove Avenue, east of Middlebelt Road in the Northwest 1/4 of Section 13, the City Planning Commission does hereby recommend to the City Council that Petition 71-7-2-23 be denied for the following reasons: CO The proposal to fill a portion of the flood plain is in conflict with Zoning Ordinance #543, Article XXVIII, Flood Plain District Regulations. (2) The impoundment capacity of the flood plain will be reduced and flow characteristics of the flood plain will adversely affect the abutting residential properties. 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 is Petition 71-7-2-26 by Rodney C. Kropf, Attorney for Rocco and Adelia Corsi, request- ing to be granted a waiver use permit for a Class C Liquor License to be used in conjunction with existing restaurant located on the north side of Seven Mile Road between Lathers and Angling in the Southeast 1/4 of Section 1. On a motion duly made by Mr. Pinto, seconded by Mr. Kluver, and unanimously adopted, it was: 4110 #9-254-71 RESOLVED that, pursuant to a Public Hearing having been held on August 10, 1971 on Petition 71-7-2-26 as submitted by Rodney C. Kropf, Attorney for Rocco and Adelia Corsi, requesting to be granted a waiver use permit for a Class C Liquor License to be used in conjunction with existing restaurant located on the north side of Seven Mile Road between Lathers and Angling in the South- east 1/4 of Section 1, the City Planning Commission does hereby recommend to the City Council that Petition 71-7-2-26 be approved for the following reasons: (1) It is a compatible use in relation to a restaurant facility. (2) All of the applicable Ordinances of the City of Livonia have been complied with. CONDITIONS OF APPROVAL: (1) That the Site Plan prepared by Rocco Paluzzi, Architect, and revised August 30, 1971, shall be adhered to. (2) That a landscape plan shall be submitted to the Planning Commission for approval within one month from the date of this approval. Am . 9269 (3) That all landscape material as shown on the approved landscape plan shall be installed before issuance of 111: a Certificate of Occupancy and permanently maintained. (4) The approval of the petition is conditioned upon the petitioner filing a rezoning petition to expand the parking zone located to the rear of the facility so as to provide for an improved parking layout and circu- lation system within 30 days. 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 adopi Mr. Hand announced the next item on the agenda is Petition 71-7-2-27 by Rodney C. Kropf, Attorney for Rocco and Adelia Corsi, request- ing to be granted a waiver use permit to expand existing restaurant located on the north side of Seven Mile Road between Lathers and Angling in the Southeast 1/4 of Section 1. On a motion duly made by Mr. Pinto, seconded by Mr. Kluver, and unanimously adopted it was #9-255-71 RESOLVED that, pursuant to a Public Hearing having been held on August 10, 1971 on Petition 71-7-2-27 as submitted by ile- Rodney C. Kropf, Attorney for Rocco and Adelia Corsi, re- questing to be granted a waiver use permit to expand exist- ing restaurant located on the north side of Seven Mile Road between Lathers and Angling in the Southeast 1/4 of Section 1, the City Planning Commission does hereby recommend to the City Council that Petition 71-7-2-27 be approved for the following reasons: (1) This is a reasonable expansion to the existing restaurant facility. (2) All of the applicable Ordinances of the City of Livonia have been complied with. CONDITIONS OF APPROVAL: (1) That the Site Plan prepared by Rocco Paluzzi, Arthitect, and revised August 30, 1971, shall be adhered to. (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 landscape plan shall be installed before issuance of a Certificate of Occupancy and permanently maintained. sfunga 9270 (4) The approval of the petition is conditioned upon the petitioner filing a rezoning petition forthwith to expand the parking zone located at the rear of the facility so as to provide for an improved parking layout and circulation system. 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 is Petition 71-6-1-47 by Steve and Anna Oliwek requesting to rezone property located on the west side of Newburgh Road, south of Six Mile Road in the Northeast 1/4 of Section 18, from R-3-B to P.S. On a motion duly made by Mr. Kluver and seconded by Mr. Talbot, it was #9-256-71 RESOLVED that, pursuant to a Public Hearing having been held on August 10, 1971 on Petition 71-6-1-47 as submitted by Steve and Anna Oliwek requesting to rezone property located on the west side of Newburgh Road, south of Six Mile Road in the Northeast 1/4 of Section 18, from R-3.-B to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 71-6-1-47 be approved for the following reasons: (1) The proposed zoning classification will provide for uses that will be compatible to the surrounding uses of the area. (2) The proposed zoning classification is consistent with the Northwest Land Use Study previously approved by the Commission, which approval was ratified in principle by the City Council. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of July 25, 1971 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Pinto, Talbot, Taylor, Tunis, Hand, Andrew NAYS: Falk ABSENT: None Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is Council Resolution #686-71 requesting further review and a new report and recommendation 9271 • from the City Planning Commission regarding Petition 70-10-6-5 pertaining to the R-7 District Regulations. On a motion duly made by Mr. Pinto and seconded by Mr. Talbot, it was #9-257-71 RESOLVED that, pursuant to Council Resolution #686-71, the City Planning Commission, having reviewed its Resolution #11-122-70 approving an amendment to Article VIII, R-7 District Regulations, Section 8.04(a) ; Section 8.04(b) , and adding Section 8.06,as contained in Petition 70-10-6-5, does hereby determine to rescind Resolution #11-122-70 and withdraw Petition 70-10-6-5, and deems that no further action by the City is necessary. A roll call vote on the foregoing resolution resulted in the following: AYES: Falk, Kluver, Pinto, Talbot, Taylor, Tunis, Andrew NAYS: Hand ABSENT: None Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is a letter dated 9/2/71 from William R. Brashear, Attorney, requesting withdrawal of Petition 71-4-1-21 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. On a motion duly made by Mr, Pinto, seconded by Mr. Hand, and unanimously adopted, it was #9-258-71 RESOLVED that, pursuant to a letter dated 9/2/71 from William R. Brashear, Attorney, on behalf of Mr. William Abney, the City Planning Commission does hereby approve the withdrawal of Petition 71-4-1-21 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. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is a motion by the City Planning Commission to hold a public hearing to determine whether or not to rezone Lots 334a and 335a1 of Supervisor's Livonia Plat Subdivision #5 located at the northeast corner of Terrence and Middlebelt in the Northwest 1/4 of Section 13, from RUF to R-7. On a motion duly made by Mr. Pinto, seconded by Mr. Kluver, and unanimously adopted, Ile it was #9-259-71 RESOLVED that, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, the 9272 City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone Lots 334a and 335a1 of Supervisor's Livonia Plat Subdivison #5 located at the northeast corner of Terrence and Middlebelt in the Northwest 1/4 of Section 13, from RUF to R-7. FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that there shall be a report submitted and recommendation thereon to the City Council. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is the Landscape Plan submitted in connection with Petition 70-11-2-24 by Peter Hodges requesting approval of a Class C Liquor License in a bowling center located on the south side of Plymouth Road between Farmington Road and " Stark Road in Section 33. On a motion duly made by Mrs. Taylor, seconded by Mr, Falk, and unanimously adopted, it was #9-260-71 RESOLVED that, the City Planning Commission does hereby approve Landscape Plan dated September 8, 1971 submitted by Peter Hodges in connection with Petition 70-11-2-24 requesting approval of Class C Liquor License in a bowling center located on the south side of Plymouth Road between Farmington Road and Stark Road in Section 33 with the following conditions: (1) That all landscape material as shown on the approved landscape plan shall be installed before the issuance of a Certificate of Occupancy. (2) That all landscape materials shall be permanently maintained. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is the Landscape Plan submitted in connection with Petition 71-4-8-4 by Lindhout Associates re- questing approval of all plans required by Ordinance #784 for a proposed development located at the northwest corner of Five Mile Road and Brookfield within the Civic Center area. On a motion duly made by Mr. Pinto, seconded by Mr. Tunis, and unanimously adopted, it was #9-261-71 RESOLVED that, the City Planning Commission does hereby approve the Landscape Plan, revised date September 15, 1971, submitted by Lindhout Associates for Funk Realty Company in connection 11; with Petition 71-4-8-4 requesting approval of all plans required by Ordinance #784 for proposed development located at the north- west corner of Five Mile Road and Brookfield within the Civic Center area with the following conditions; I • i 9273 1[; (1) That all landscape material as shown on the approved Landscape Plan shall be installed before issuance of a Certificate of Occupancy. (2) That all landscape material shall be permanently maintained. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is a motion by the City Planning Commission to hold a public hearing to determine whether or not to amend Section 16.11 of Ordinance #543, the Zoning Ordinance, as amended, so as to make accessory retail • outlets developed in connection with warehousing and related storage buildings a waiver use in the M-1 Zoning District. On a motion duly made by Mr. Tunis, seconded by Mr. Pinto, and unanimously adopted, it was #9-262-71 RESOLVED that, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to amend Section 16.11 of Ordinance #543, as amended, so as to make accessory retail outlets developed in connection with ware- 16; housing and related storage buildings a waiver use in the M-1 Zoning District. FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that there shall be a report submitted and recommendation thereon to the City Council. Mr. Andrew, Chairman, delcared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is Petition 71-7-8-11 by Bernard W. Colton, Louis G. Redstone Associates, Inc. , requesting approval of all plans in connection with a proposed addition to Mid-Seven Shopping Center located on the southwest corner of Seven Mile and Middlebelt Roads in the Northeast 1/4 of Section 11. (Livonia Mall Vicinity Control area) . On a motion duly made by Mr. Kluver, seconded by Mr. Pinto, and unanimously adopted, it was #9-263-71 RESOLVED that, pursuant to Section 18.56 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #788, the City Planning Commission does hereby recommend to the City Council that Petition 71-7-8-11 by I: Bernard W. Colton, Louis G. Redstone Associates, Inc. , re- questing approval of all plans in connection with proposed addition to Mid-Seven Shopping Center located on the south- 9274 11; west corner of Seven Mile and Middlebelt Roads in the North- east 1/4 of Section 11 be approved for the following reasons: (1) It is compatible to the existing development of the area. (2) It represents an upgrading and improvement over the existing development within the area. CONDITIONS OF APPROVAL: (1) That the overall site plan prepared by Louis G. Redstone Associates, No. 2039, Sheet No. 1, shall be adhered to. (2) That building elevations as shown on Plan No. 2039, Sheet 1-A, shall be adhered to. (3) That a detailed landscape plan shall be submitted to the Planning Commission for its approval within 45 days. (4) That all landscape material as shown on the approved landscape plan shall be installed before the issuance of a Certificate of Occupancy. (5) This approval is conditioned upon the Zoning Board of Appeals granting a variance under Section 21.06(3)a; and this approval shall not be effective until the Zoning Board 1[5: of Appeals has granted said variance. for the following reasons: (1) It is compatible to the existing development of the area. (2) It represents an upgrading and improvement over the exist- ing development within the area. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is a motion by the City Planning Commission to hold a public hearing to determine whether or not to rezone Lot lalb2 located on the south side of Six Mile Road east of Middlebelt Road in the North- west 1/4 of Section 13, from C-2 to RUF. On a motion duly made by Mr. Hand, seconded by Mr. Tunis, and unanimously adopted, it was #9-264-71 RESOLVED that, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone a portion of Lot lalb2 as described in Petition 71-1-1-2 located on the south side of Six Mile Road, east of Middlebelt Road in the Northwest 1/4 of Section 13, from C-2 to RUF. FURTHER RESOLVED that, a hearing be held and notice be given as 9274 provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that there shall be a report submitted and recommendation thereon to the City Council. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is the approval of the minutes of the meeting held by the City Planning Commission on August 240 1971. On a motion duly made by Mr. Hand.and seconded by Mr. Tunis, it was 999-265-71 RESOLVED that, the minutes of the meeting held by the City • Planning Commission on August 24, 1971 be approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Pinto, Talbot, Taylor, Tunis, Hand, Andrew NAYS: None ABSENT: None ABSTAIN: Falk, Kluver Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda is the Final Plat approval 1L; for Parkridge Subdivision proposed to be located east of Eckles Road, south of Five Mile Road in the Northwest 1/4 of Section 19. On a motion duly made by Mr. Tunis, seconded by Mr. Pinto, and unanimously adopted, it was #9-266-71 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that the Final Plat of Parkridge Subdivision proposed to be located east of Eckles Road, south of Five Mile Road in the Northwest 1/4 of Section 19 be approved for the following reasons: (1) It conforms to the previously approved preliminary plat. (2) It conforms to Zoning Ordinance #543 and the Subdivision Rules and Regulations of the City of Livonia. FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission under Resolution #7-74-70, adopted on July 7, 1970; and it further appearing that said proposed plat together with plans and specifications for improvements therein have been approved by the Department of Public Works, Engineering Division, under date of August 13, 1971; and it further appearing that the financial assurances required in Council Resolution #806-71, adopted on August 25, 1971 have been filed with the City Clerk as confirmed by letter dated September 21, 1971 from Virginia Handzlik, Deputy City Clerk, it would hterefore appear that all the conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. 9176 Mr. Hand announced the next item on the agenda is the Landscape Plan for St. Colette Church 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. Hand and seconded by Mr. Kluver, it was #9-267-71 RESOLVED that, the City Planning Commission does hereby approve Landscape Plan #7025 dated September 17, 1971 submitted by St. Cyr Architect & Associates, Inc., in connection with Petition 70-11-2-26 by Rev. Joseph F. Ferens, St. Colette Catholic Church, requesting 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 sub— ject to the following conditions: (1) That all landscape material as shown on the approved plan shall be installed before issuance of a Certificate of Occupancy. (2) That all landscape material installed shall be permanently maintained. (3) That the austrian pine proposed to be located along the south property line shall also be installed before issuance of a Certificate of Occupancy and that they shall be a minimum of three (3) feet in height. A roll call vote on the foregoing resolution resulted in the followoing: AYES: Kluver, Pinto, Talbot, Taylor, Tunis, Hand NAYS: None ABSTAIN: Falk, Andrew ABSENT: None Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made, seconded, and unanimously adopted, the meeting held by the City Planning Commission on September 21, 1971 was adjourned at approximately 11:45 p.m. CITY PLANNING COMMISSION P-trk CZA VA C°J Francis M. Hand, Secretary ATTESTED: 1111, Daniel R. Andrew, Chairman