HomeMy WebLinkAboutPLANNING MINUTES 1971-11-02 9303
MINUTES OF THE 261st SPECIAL MEETING
00 HELD BY THE CITY PLANNING COMMISSION OF THE
CITY OF LIVONIA
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On Tuesday, November 2, 1971, the City Planning Commission of the City of Livonia,
held its 261st Special Meeting in the Engineering Building located at 13325 Farm-
ington Road, Livonia, Michigan.
Mr. Daniel R. Andrew, Chairman, called the 261st Special Meeting to order at
approximately 9:00 p.m. with approximately twelve interested persons in the
audience.
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Members present: Daniel Andrew H. Dow Tunis Francis M. Hand
Joseph J. Falk Suzanne Taylor Herman Kluver
Joseph Talbot Charles Pinto
Members absent: None
Mr. Andrew requested that the minutes show that David F. Merrion, newly appointed
member of the Planning Commission, who on this day took the oath of office, will
not be present at the meeting this evening because of the short advanced notifi-
cation of the meeting.
Mr. Hand announced the first item on the agenda is two amendments to the Planning
Commission Rules of Procedure, one amending Article III, Section 4
and the other amending Article VI by adding Section 12.
On a motion duly made by Mr. Tunis, seconded by Mr. Kluver and unanimously adopted,
t; it was
#11-291 71 RESOLVED that, pursuant to the 261st Special Meeting held
by the City Planning Commission on Tuesday, November 2,
1971, the City Planning Commission does hereby determine
to amend Article III, Section 4 of its Rules of Procedures
to read as follows:
Every resolution not otherwise provided for shall
require a majority vote of the members present and
voting at a legally constituted meeting.
and Article VI by adding thereto Section 12 to read as follows:
If a person chairing a meeting abstains from voting
on a motion he shall relinquish all rights to rule
on that particular motion.
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted.
Mr. Hand announced the next 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.
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Mr. Andrew read a letter dated November 1, 1971 from the file addressed to the
1E; Planning Commission from Robert C. Horvath, President of Belcrest Real Estate
Company, which authorized the Commission to alter Petition 71-8-1-51 by deleting
the south 650 feet from the R-8 portion and changing it to R-3.
Mr. Philip Barrett, 19630 Gill Road, stated he is President of the Livonia Urban
Farms Civic Association and that he is speaking for that Association. Hestated
that for the past thirteen years this Association has fougit to have the area
protected and that they initially were organized to have the AG toning classifi-
cation changed to the RUF zoning category and were advised by one Councilman to
do that in order to protect the area and preserve the open space and rural atmo-
sphere which they enjoyed. At that time, he said, they were concerned about
speculators who were developing small lot subdivisions at the R-1 zoning classi-
fication and were afraid that subdivisions such as the Brightmoor Subdivision
would be proposed for their area so the Association was formed and subsequently
they have fought, over the years, several rezoning petitions within the area;
most recently the industrial zoning that was proposed some two years ago. He
stated they realize they will be constantly harrassed by rezoning petitions and
they believe they will have to compromise somewhat and accordingly they have
reached a consensus of opinion with respect to the present rezoning petition.
The Association generally believes that the development, as proposed, represents
gogiquality and is attractively designed but they are worried about traffic that
would be generated by a development of this size in that location. Mr. Barrett
stated they are concerned that with the development at Gill and Eight Mile Road,
people approaching the area would cause a congestion along Farmington, Eight
fim Mile and Seven Mile and would reach the center through Gill Road, therefore
necessitating the need to fully improve Gill Road. They are aware that the
developer has agreed to pave their property, however, they know that Gill Road
will have to be paved its full length all the way south from Eight Mile to Seven
Mile and the Association members look upon the paving of Gill Road as not repre-
senting an improvement to their property. They have well established rural uses
within that area such as the raising of horses and, in one instance, one property
owner raises pigs and paving is not good for horses to walk on. Also, if the
property owner would be assessed for the paving of Gill Road the cost would be
prohibitive. Mr. Barrett said that practically all of the properties in that
area have septic tanks and paving is not good for septic tanks because of the
run-off.
Mr. Hand questioned Mr. Horvath as to how many apartment units would be built with
the southerly 650 feet of the former area under petition now being proposed for
R-3, single family development.
Mr. Horvath stated there would be 325 apartment units erected and 58 single
family residences.
Mr. Hand stated that Mr. Barrett's points should be considered, however, benefit
assessments for improving Gill Road fall within the prerogative of the City Council.
Mr. Falk questioned if the developer will pay for the full improvement of Gill
Road from Eight Mile to Seven Mile.
Mr. Horvath stated that Gill Road paving is estimated to be $37.00 per running
foot based upon a 36' wide pavement and they will pay for the improvements of
Gill Road for a distance of approximately one-half mile along the frontage of
their property.
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Mr. Pinto stated that the petition before the Commission tonight is a rezoning
petition and the Commission will have to act either by approving or denying it
and the Council will make the final determinations as to benefit assessments
IL0 along Gill Road.
Mr. Barrett stated he realizes this but this is the Planning Commission and the
members do make recommendations and the Commission can make recommendations with
respect to paving of Gill Road.
Mr. Andrew said that it is possible that the Commission could make recommendations
with respect to Gill Road but this should occur at the time of site plan approval
since zoning petitions cannot be conditioned.
Mr. Pinto stated the Planning Commission has a great deal more latitude when
working with site plans and subdivision plats than they have when working with
rezoning petitions.
Mr. Ralph Kerzka, 20013 Farmington Road, questioned if the petitioner does not
need to file a new petition to rezone the southerly 650 feet of their property
to the R-3 zoning classification.
Mr. Andrew stated the Commission has been advised by the City Attorney that
they can make this amendment under the present petition because the R-3 zoning
classification represents a permitted use and a more restrictive use within
the R-8 zoning classification.
111110 There was no one else present wishing to be heard regarding this item.
On a motion duly made by Mr. Hand and seconded by Mr. Falk, it was
#11-292-71 RESOLVED that, pursuant to a public hearing having been
held on September 21, 1971 on Petition 71-8-1-51 as sub-
mitted by Robert C. Horvath for Livonia Associates request-
ing 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, and pursuant to a letter dated
November 1, 1971 from Robert C. Horvath, President, Belcrest
Real Estate Company, the City Planning Commission does hereby •
recommend to the City Council that Petition 71-8-1-51 be
approved as amended to exclude the south 650' of property
and to include only that portion of property legally described
as follows:
That portion of the west 120 acres of the Northeast 1/4 of
Section 4, Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan lying southerly and westerly of a line
described as follows:
Beginning at a point on the West line of the above described
parcel, said point being 570 ft. southerly from the North
line of said parcel as measured along said West line; thence
southeasterly to a point which is at the intersection of a
line 1370 ft. southerly from the parallel to said North line,
with a line which is 1280 ft. easterly from and parallel to
said West line; thence southeasterly to the point of ending
on the South line of said parcel, said point being 1610 ft.
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easterly from said West line as measured along the South
line of said parcel; except the Southerly 650 ft. thereof.
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AND FURTHER THAT, the aforementioned south 650' of property
be rezoned from RUF to R-3, said property being legally
described as follows;
The south 650 feet of the following described parcel:
That portion of the west 120 acres of the Northeast 1/4
of Section 4, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan lying southerly and westerly of a
line described as follows:
Beginning at a point on the West line of the above described
parcel, said point being 570 ft. southerly from the North
line of said parcel as measured along said West line; thence
southeasterly to a point which is at the intersection of a
line 1370 ft. southerly from and parallel to said North line,
with a line which is 1280 ft. easterly from and parallel to
said West line; thence southeasterly to the point of ending
on the South line of said parcel, said point being 1610 ft.
easterly from said West line as measured along the South line
of said parcel.
for the following reasons:
(1) This is an area that can accommodate a modest increase
in population density.
10:
(2) The proposed land use development abuts a half mile
road which, when fully improved, will be capable of
handling the increased quantity of traffic generated
by this development.
(3) The site has good physical amenities of trees, topog-
raphy and the open space of the flood plain to lend
itself to good quality multi-family and a higher density
of single-family use.
(4) The proposed land use of multi-family and R-3 single-
family development when well designed, of good quality
construction and reasonable site density, will not
adversely affect the stability of the existing residential
development.
(5) The proposed land use relationship between the flood
plain, R-8 multi-family and R-3 single-family to the
south and to the north of the existing RUF land use is
a compatible relationship.
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, Consumers Power Company, Chesapeake &
Ohio Railway Company, Michigan Bell Telephone Company and City
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Department as listed in the Proof of Service.
Mr. Andrew, Chairman, at this time passed the gavel to Mr. Tunis, Vice-Chairman.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Falk, Kluver, Pinto, Talbot, Taylor, Tunis, Hand
NAYS: None
ABSENT: None
ABSTAIN: Andrew
Mr. Tunis, Vice-Chairman, declared the motion carried and the foregoing resolution
adopted, then returned the gavel to Mr. Andrew.
Mr. Hand announced the next item on the agenda is 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 North-
east 1/4 of Section 4, from RUF to C-4.
Mr. Andrew read a letter dated November 1, 1971 from the file addressed to the
City Planning Commission from Robert C. Horvath, President of Belcrest Real
Estate Company, authorizing the Commission to alter Petition 71-8-1-52 to change
a portion of the property on which C-4 zoning is requested to the P category.
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' Mr. Andrew stated that the City Attorney has ruled that a new public hearing
is needed to approve the area described in the letter from Mr. Horvath for the
' parking classification because this cannot be accomplished under the present
petition before the Planning Commission.
Mr. Kerzka stated that he would not like to see the solid concrete wall behind
their property on Farmington Road.
Mr. Andrew advised that even if the Commission agreed that a wall would not be
appropriate, it is required by Ordinance and only the Zoning Board of Appeals
can waive the wall requirement.
Mr. Kerzka stated it is not that he does not want the wall at all but he would
like to see the wall kutin addition he would want some landscape materials,
trees, shrubs, etc. , because this will improve the visual affect of the wall.
Mr. Andrew stated this is something that the Commission would certainly be very
critical of at the time of site plan approval.
Mr. Horvath stated that it is their intention to have a greenbelt as wide as
possible all the way around the property and particularly along the frontage of
the mile roads.
lire There was no one else present wishing to be heard regarding this item.
o
On a motion duly made by Mr. Hand and seconded by Mr. Kluver, it was
' #11�-293-71 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
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Road between Farmington Road and Gill Road in the North-
east 1/4 of Section 4, from RUF to C-4, the City Planning
Commission does hereby recommend to the City Council that
Petition 71-8-1-52 be approved as amended to include only
that portion of property legally described as follows:
The South 132.0 feet of the North 1320.0 feet of the
East 1/2 of the E. 1/2 of the Northeast 1/4 of Section 4,
Town 1 South, Range 9 East, City of Livonia, Wayne County,
Michigan, except the East 60 feet thereof.
and
South 132 feet of the North 1452 feet of the East 1/2 of
the Northeast Quarter of Section 4, Town 1 South, Range 9
East, City of Livonia, Wayne County, Michigan, except the
East 60 feet thereof.
and
That portion of the West 120 acres of the Northeast 1/4 of
Section 4, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan lying northerly and easterly of a
line described as follows:
Beginning at a point on the West line of the above described
parcel, said point being 570 ft. southerly from the North
line of said parcel as measured along said West line; thence
southeasterly to a point which is at the intersection of a
line 1370 ft. southerly from and paralell to said West line;
thence southeasterly to the point of ending on the South line
of said parcel, said point being 1610 ft. easterly from said
West line as measured along the South line of said parcel;
except the North 60 ft. thereof deeded for Road Purposes, also
except the west 43 ft. thereof to be deeded for Road Purposes.
Also except the southerly most 1164.28 feet thereof.
AND FURTHER THAT, the balance of the property included in this
petition, being legally described as follows, be the subject of
a new and separate zoning petition:
The South 1164.28 feet of the following parcel:
That portion of the West 120 acres of the Northeast 1/4 of
Section 4, Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan lying northerly and easterly of a line described
as follows:
Beginning at a point on the West line of the above described
parcel, said point being 570 ft. southerly from the North line
of said parcel as measured along said West line; thence south-
easterly to a point which is at the intersection of a line
1370 ft. southerly from and parallel to said north line, with
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a line which is 1280 ft. easterly from and parallel to
said West line; thence southeasterly to the point of ending
on the south line of said parcel, said point being 1610 ft.
easterly from said West line as measured along the South line
of said parcel; except the North 60 ft. thereof deeded for
Road Purposes, also except the west 43 ft. thereof.
for the following reasons:
(1) The area under petition, as amended, is of sufficient
size and shape and orientation to accommodate the
intended use.
(2) The proposed development, as modified, is of significant
calibre and quality to merit approval.
(3) The overall area is in large part undeveloped so that
the area could withstand the impact of the proposed
land use and development.
(4) The increase in tax base as a result of the implementa-
tion of the proposed development will inure to the over-
all benefit of the City of Livonia.
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, Consumers Power Company, Chesapeake
& Ohio Railway Company, Michigan Bell Telephone Company and City
Departments as listed in the Proof of Service.
Mr. Andrew, Chairman, at this time passed the gavel to Mr. Tunis, Vice-Chairman.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Kluver, Falk, Pinto, Talbot, Hand
NAYS: Taylor, Tunis
ABSENT: None
ABSTAIN: Andrew
Mr. Tunis, Vice-Chairman, declared the motion carried and the foregoing resolution
adopted, then returned the gavel to Mr. Andrew.
On a motion duly made by Mr. Pinto and seconded by Mr. Talbot, it was
RESOLVED that, pursuant to Section 23.01 of Ordinance #543,
the Zoning Ordinance of the City of Livonia, the City Plan-
ning Commission, on its own motion, does hereby establish
and order that a public hearing be held to determine whether
or not to rezone the property described in the letter dated
November 1, 1971 from Robert C. Horvath, President of Belcrest
Real Estate Company, from RUF to P.
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Mr. Andrew, Chairman, at this time passed the gavel to Mr. Tunis, Vice-Chairman.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Talbot, Pinto
NAYS: Kluver, Falk, Taylor, Tunis, Hand
ABSENT: None
ABSTAIN: Andrew
Mr. Tunis, Vice-Chairman, declared the resolution failed for lack of support,
then returned the gavel to Mr. Andrew.
On a motion duly made by Mr. Hand and seconded by Mr. Kluver, it was
#11-295-71 RESOLVED that, pursuant to Section 23.01 of Ordinance #543,
the Zoning Ordinance of the City of Livonia, the City Plan-
ning Commission, on its own motion, does hereby establish
and order that a public hearing be held to determine whether
or not to rezone the property described in the letter dated
November 1, 1971 from Robert C. Horvath, President of Belcrest
Real Estate Company, from RUF to R-7; said property being
legally described as follows:
The South 1164.28 feet of the following parcel:
That portion of the West 120 acres of the Northeast 1/4
of Section 4, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan lying northerly and easterly of a
line described as follows: Beginning at a point of the
West line of the above described parcel, said point being
570 ft. southerly from the North line of said pracel as
measured along said West line; thence southeasterly to a
point which is at the intersection of a line 1370 ft.
southerly from and parallel to said north line, with a line
which is 1280 ft. easterly from and parallel to said West
line; thence southeasterly to the point of ending on the
South line of said parcel, said point being 1610 ft. easterly
from said West line as measured along the South line of said
parcel; except the North 60 ft. thereof deeded for Road Pur-
poses, also except the West 43 ft. thereof.
FURTHER RESOLVED, 'that a hearing be held and notice be given
as provided in Section 23.05 of Ordinance, 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, at this time passed the gavel to Mr. Tunis, Vice-Chairman.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Kluver, Falk, Tunis, Taylor, Hand
NAYS: Pinto, Talbot
ABSENT: None
IL; ABSTAIN: Andrew
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(104 Mr. Tunis, Vice-Chairman, declared the motion carried and the foregoing resolution
adopted, then returned the gavel to Mr. Andrew.
IL;
Mr. Andrew declared a five-minutes recess at approximately 9:45 p.m.
The 261st Special Meeting reconvened at approximately 9:50 p.m. with all members
present as were present for the initialroll call.
Mr. Hand announced the next item on the agenda is Petition 71-10-8-15 by
Charles Granader requesting approval to operate an exercise
salon within an existing building 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. Pinto, seconded by Mrs. Taylor and unanimously adopted,
it was
#11-294-71 RESOLVED that, pursuant to Section 18.55 of Ordinance
#543, 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
71-10-8-15 as submitted by Charles Granader requesting
approval of a Site Plan in connection with a change of
use, such use being an exercise salon, within an existing
building located on the south side of Plymouth Road, east
of Middlebelt Road in the Northwest 1/4 of Section 36,
be approved subject to the following conditions:
(1) That the Site Plan, as submitted and signed by the
petitioner, shall be adhered to.
(2) That all site improvements shall be completed before
issuance of a Certificate of Occupancy.
for the following reasons:
(1) The proposed use is consistent with the permitted
uses of the C-2 Zoning District.
(2) The proposed use is compatible to the adjacent uses
within the center.
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
On a motion duly made by Mr. Pinto, seconded by Mr. Talbot, and unanimously adopted,
it was
#11-296-71 RESOLVED that, the City Planning Commission does hereby
approve Landscape Plan dated November 2, 1971 prepared
by Eichstedt, Grissim, Young and Associates, Landscape
Architects, submitted in connection with Petition 71-2-8-1
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9312
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110 by Schostak Brothers requesting approval of revised Site
" Plan for K-Mart proposed to be constructed on property
located on the northwest corner of Farmington Road and
Seven Mile Road in the Southeast 1/4 of Section 4, subject
to the following conditions:
(1) That all material as shown on the approved plan be
installed before issuance of a Certificate of Occupancy.
(2) That all materials shall be permanently maintained.
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
On a motion duly made by Mr. Andrew, seconded by Mr. Hand and unanimously adopted,
it was
#11-297-71 RESOLVED that, pursuant to Section 23.01 of Ordinance #543,
the Zoning Ordinance of the City of Livonia, as amended, the
City Planning Commission, on its own motion, does hereby
establish and order that a public hearing be held to deter-
mine whether or not to amend Article XVIII of Ordinance #543
by adding Section 18.58 requiring submission of site plans
for review by the Planning Commission and approval by the City
Council of developments proposed to be located within the
area described as follows:
IL Northwest 1/4 of Section 3
Southwest 1/4 of Section 3
Northeast 1/4 of Section 4
Southeast 1/4 of Section 4
Northeast 1/4 of Section 9
Northwest 1/4 of Section 10
FURTHER RESOLVED that, a hearing be held and notice be given
as provided in Section 23.05 of Ordinance #543, 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.
On a motion duly made by Mr. Tunis, seconded by Mr. Talbot and unanimously adopted,
the City Planning Commission adjourned its 261st Special
Meeting held on November 2, 1971, at approximately 10:00 p.m.
CITY PLANNING COMMISSION
0..kfvv-I f' Ca,
IL
'rancis M. Hand, Secretary
ATTESTED:
,/ . 7411101141.----
Daniel R. Andrew, Chairman