HomeMy WebLinkAboutPLANNING MINUTES 1971-12-14 9 356
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MINUTES OF THE 263rd SPECIAL
MEETING AND A PUBLIC HEARING
HELD BY THE CITY PLANNING
COMMISSION OF THE CITY OF
LIVONIA
On Tuesday, December 14, 1971, the City Planning Commission of the City
of Livonia held its 263rd Special Meeting and a Public Hearing at the
Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan.
Mr. Daniel R. Andrew, Chairman, called the Public Hearing to order at
approximately 8:05 p.m. with approximately 75 interested persons in the
audience.
Members Present: Charles Pinto Daniel Andrew Herman Kluver
Joseph Falk Francis Hand Joseph Talbot
Suzanne Taylor David Merrion H. Dow Tunis
Messrs. John J. Nagy, Planning Director; Ralph Bakewell, Planner IV;
Lieutenant Mogan; Mr. John Bunk, Fire Marshall, and John Dufour,
Department of Parks and Recreation were also present.
Mr. Hand, Secretary announced the first item on the agenda, Petition 71-11-2-35
by H. Scott Davidson requesting to be granted a waiver use permit
to operate an Astro Tune-up Center (automobile) on property
located on the east side of Middlebelt between Five Mile Road
and Elsie in the Northwest 1/4 of Section 24.
Mr. H. Scott Davidson, 10329 Britain, Detroit, Michigan, 48224, was present
and advised the Commission that he had an independent business license with
Astro in connection with the service operation. He also advised that it was
their intent to refurbish the exterior of the building, landscape the front
and side yards and provide increased parking area. He advised that Mr.
Nagy had instructed him as to the procedure of petitioning the Zoning Board
of Appeals with regard to the deficiency of 18 ft. in front yard dimensions.
Mr. Andrew asked if the 20 ft. alley was vacated.
Mr. Nagy advised it was not.
Mr. Andrew asked whether the egress and ingress would be off alley.
Mr. Davidson stated it would be off side drive or Middlebelt.
Mr. Davidson also advised that the size of the parking spaces would be 10 x 22 ft.
Mr. Andrew asked whether the operation would require people to leave their car and
then come back in the evening to pick it up.
Mr. Davidson stated that that would be one possible procedure unless people
wanted to wait . The service should only take one to two hours.
Mr. Andrew asked the hours of operation.
Mr. Davidson stated 7 a.m. to 6 p.m. - No Sundays.
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410 Mr. Kluver asked whether he would only be using two stalls.
Mr. Davidson stated yes.
Mr. Kluver wanted to know if the cars would be kept there on the premises
until somebody picked them up in the evening.
Mr. Davidson said that would be the procedure but that he thought that this
should be at a minimum.
Mr. Andrew asked what type of sign he proposed to use.
Mr. Davidson stated an electric two face sign, using the former sign base
erected for the gas station.
Mr. Andrew stated that this sign was in violation of an ordinance because it
is at zero setback.
Mr. Nagy certified that it was at the right-of-way line.
Mr. Hand asked whether there would be any gas dispensed.
Mr. Davidson stated there would be no gas dispensed.
Mr. Hand asked whether it was their intent to fence the rear portion of the lot.
S/ Mr. Davidson stated it was not their intent to fence, but that they would
landscape the site.
t7)0' Mr. Hand asked whether they would light the lot.
Mr. Davidson stated they would light the lot and the lights would be shielded
so as not to interfere with neighbors.
Mr. Hand asked Mr. Davidson to give him a definition of a "tune-up".
Mr. Davidson explained "tune-up", spark plugs, ignition, adjusting of
carburetor, setting timing, check oil level and transmission; power steering.
Look at points and hoses. Advise them if they need anything extra. He stated
their machine consists of five wires, and you do not need the engine running
at all. You can tell if the high tension wiring is bad, the ignition switch or
anything electrical is bad.
Mr. Hand asked whether his setup was similar to the "Shell Automobile Diagnostic
Center" operation.
Mr. Davidson said that it was something like it but that Shell had gone over-
board.
Mr. Andrew asked Mr. Davidson if he would construct a cyclone fence and would
there be any reason other than economics for him not to construct one.
Mr. Davidson said the only reason would be economics but that he would put one
up if requested.
Mr. Falk asked where the lights would go. He wanted to know how G.M. got involved
in the training.
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Mr. Brotherton, Astro Marketing Engineer was present and explained that Astro
has arrangements with G.M. and that they buy their equipment from them and that
they train their people through G.M.
Mr. Falk stated that for instance on air pollution where would they be going
for training of prevention of air pollution.
Mr. Brotherton explained that with the type of cars coming up now you cannot
get away with the type of tune up that the service stations of yesterday were
providing. You need the fine tuning that their outfit will provide.
Mr. Falk asked what their mortality rate was how many in the state of
Michigan.
Mr. Brotherton stated eleven firms in state of Michigan.
Mr. Falk asked when they would start their operation.
Mr. Brotherton responded on. May, 1972.
Mr. Tunis stated that if they had G.M. equipment would they only service G.M.
cars.
Mr. Brotherton stated that it was A.C. detecting equipment and its available
to many people and applicable to all makes of cars. They had picked this
equipment because they felt it would do the best job and that they trained
their men in the proper handling of the equipment.
(0,1
ILMr. Tunis asked whether A.C. had anything to do with Astro.
r
Mr. Brotherton stated that they did not.
Dr. Watson, dentist, 15224 Middlebelt was present. His practice is north
of the proposed operation. He stated that he had been a property owner
since 1958 and that the biggest problem is the parking in this area. He
stated he felt that with Astro operating in this near vicinity that they would
not have enough parking for themselves.
Mr. Andrew stated that the doctor's greatest concern seem] to be that the
parking needed for the tune-up service to be performed near this center would
possibly encroach on the doctor's parking area.
Dr. Watson agreed this was his greatest concern.
Mr. Andrew pointed out that the tune-up center will have eleven spaces for
parking and that the only type of service they offered is that which would be
taken care of on the site of the tune-up center within a matter of hours.
The doctor asked where they would go when the 11 parking spaces were filled.
Mr. Tunis wanted to confirm what the doctor had said about the shopping center
being a high generating traffic factor and that the parking situation was very
bad.
Mr. Hand stated that he did not think the owner of the tune-up center would
park his customers cars in a lot that did not belong to him.
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Mr. Hand asked the doctor whether he had ever contemplated the purchase of
that gas station area for additional parking.
{ The doctor stated he did not. He said that at one time Mr. Corsi, the owner
of the center was going to keep that area for parking but that he then placed
a gas station on the site.
Mr. Talbot stated that it looked like the people in the center had deficient
parking and wondered why Mr. Davidson should be punished for the center's
deficient parking.
Mr. Salvatore, 8432 Kenwater, Dearborn, owner of Fenkell Bakery was present
and stated that he paid high taxes. He further stated that he did not mind
paying high taxes because the center was a nice one, but that he felt with
this new enterprise going in the whole shopping center will go down and down
and then the property will go down and down. His desire would be that the
property remain as it is.
Mr. Murnirgham, 15232 Middlebelt was present and stated that they had four
parking spaces which are legal and four which are illegal. He further advised
that there have been two serious accidents in front of this establishment.
He stated that there was no safe way of getting out of that shopping center
between the hours of 4:30 and 6:30 p.m. He said what "killed" the Gulf
station financially was that the owner could not get people in and out of the
service station safely. His opinion was that this "two stall" operation
would then become a "three stall" operation and if it did not it would notl.
be successful. He also wanted to know what assurance they would have with
four parking spaces that this would not become a "three stall" operation.
He stated that the drugstore had only four parking spaces and they infringe
on their parking spaces because the front of their building must be used
for ingress and egress purposes.
Mr. Andrew stated that he could not guarantee that this new operation would
not infringe on their parking spaces.
Mr. Andrew asked Mr. Nagy if there was any guarantee on the expansion of the
operation.
Mr. Nagy said it would require a new waiver use petition and approval but only
after a special hearing and a final determination of the council. He further
stated that there is sufficient area on this site to provide adequate parking.
Mr. Murningham asked whether there was a way that egress and ingress could be
limited only to Elsie St.
Lieutenant Mogan was present and stated that it took a lot of fancy footwork
to get in and out of that center but that he really could not see where, if
Davidson has adequate egress and ingress, it can interfere with the situation
that exists now.
There was no one else present wishing to be heard and the Chairman declared
the public hearing closed.
On a motion duly made by Mr. Hand, seconded by Mr. Talbot and adopted, it was
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#12-338-71 RESOLVED THAT, pursuant to a public.hearing having been held
on December 14, 1971 on Petition 71-11-2-35 as submitted by
H. Scott Davidson requesting to be granted a waiver use
permit to operate an Astro Tune-up Center (automobile) on
property located on the east side of Middlebelt between Five
Mile Road and Elsie in the Northwest 1/4 of Section 24, the
City Planning Commission does hereby recommend to the City
Council that Petition 71-11-2-35 be approved for the following
reasons:
1. It complies with the specific waiver use
standards of Zoning Ordinance #543 with
respect to automobile repair facilities.
2. The proposed use is compatible to the
surrounding uses of the area.
with the following conditions:
1. That the building exterior architectural
treatment shall be the same as shown on
the architectural Rendering N. S2A, dated
12/14/71.
2. That Site Plan No. S2, dated 12/14/71, shall
be adhered to.
3. That a landscape plan shall be submitted to the
Planning Commission for approval within thirty
(30) days from the date of the approval of the
petition.
4. That all landscape material shall be installed
before issuance of a Certificate of Occupancy.
5. That this approval is conditinned upon the Zoning
Board of Appeals granting a variance of the
Minimum front yard setback of the C-2 Zoning
District regulations.
FURTHER RESOLVED, that notice of the above public hearing was
sent to property owners within 500 feet, petitioner and City
Departments as listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Falk, Talbot, Hand, Andrew
NAYS: Taylor, Tunis , Kluver
ABSTAIN: 1Kerrion, Pinto
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda,
Petition 71-6-1-34
(re-hearing) initiated by Council Resolution #1004-71 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.
{
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There was no one in the audience wishing to be heard on this item and the
t
Chairman declared the public hearing closed.
On a motion duly made by Mr. Kluver, seconded by Mr. Tunis and unanimously
adopted it was
#12-339-71 RESOLVED that, pursuant to a Public Hearing having been
. held on December 14, 1971 on Petition 71-6-1-34 as
submitted by the City Planning Commission pursuant to
, Council Resolution #1004-71 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 for the
following reasons:
(1) There is already existing a sufficient amount of
commercially zoned land within the area to serve
the needs of the immediate neighborhood.
(2) The existing uses more properly belong in a P.S.
Zoning District.
(3) Professional service zoning will more appropriately
provide for uses compatible to the established uses
within the area.
(4) Professional service district regulations will
provide for a more efficient utilization of the
land.
FURTHER RESOLVED that, notice of the above public hearing
was published in the official newspaper, the Livonia
Observer, under date of November 27, 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.
The Secretary announced the next item on the agenda, Petition 71-10-7-11 by
the City Planning Commission to amend Part V of the Master Plan
of the City of Livonia, the Master School & Park Plan, so as
to incorporate property located north of Five Mile Road, west
of Newburgh Road immediately adjacent to Blue Grass Farms
Subdivision in the Southeast 1/4 of Section 18.
Mr. Andrew stated that if this piece of land was put on the Master Park Plan,
he saw some difficulty with regard to Hix Road.
Mr. John Bunk, Fire Marshall was present and stated that from the Fire
Department standpoint as it affects their operation, they prefer two means
of egress and ingress to an area such as this. He also wanted to know what
the possiblity was of extending this road if this park site was not implemented.
9362
Mr. Andrew stated that it was a question of whether or not a school would
ever be built on this site. If the Commission never acted on this site
then the Livonia Public Schools might sell a portion to a subdivider which
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person could also acquire the subject parcel and extend the road.
Mr. Bunk stated that this was a dead end as it stands now. They have a fire
station close by and they do not have a turnaround on Hix Road and of course
they would like one so emergency vehicles could turn around. He further advised
that when there is no cul-de-sac they go to a fire hydrant. He said it was
essential to have a turnaround area. Equipment is too heavy to turn around
in a driveway. A cul-de-sac is better than a dead end street.
Lieutenant Mogan stated that he did not think the residents would get the
traffic they think they would get because Newburgh is a four-lane road.
He further stated that he did not think people would have a problem if that
was cut through and they felt they could give people better service if there
was a cut through.
Mr. Dufour stated that if you looked at the plan for Section 18 you could see
that there is an existing park of 8 acres. It has primarily been left as
open space for these people in these two subdivisions. He advised that there was
a big ditch running through this park area that they have seeded and have
added some playground equipment and that is all they intended to do with it.
They want to keep this area in its natural state. He also stated that if a
school is going in there that they are going to need that space.
Mr. Andrew asked Mr. Dufou what priority the Parks and Recreation Commission
placed on the acquisition?this park site?
Mr. Dufour advised the priority was four.
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Mr. Andrew asked what was intended for Park Site EE.
Mr. Dufour stated that it was going to be an active play area. If the
Federal government does not come up with funds then Parks and Recreation will
look into buying it.
Mr. Dufour further stated that there are seven park sites that they have made
Federal applications for.
Mr. Pinto stated there are three available sources of money; Federal Government,
remaining fund of last bond issue and general funds of City.
Mr. Pinto asked whether we have ever received any money from the federal
government?
Mr. Dufour advised that the City has and he further atated that the 36 acre
park site was gotten with funds from the government. He went on to say that
from what the City submits the government tells them what will support and
what they will not support.
Mr. Pinto stated that he still did not understand.
Mr. Dufour advised that the Federal government was participating more and more
in small park sites in high density areas, than large acreage parcels in low
density areas.
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Mr. Pinto wanted to know whether an application could be amended or parts
deleted?
Mr. Dufour said that yes this could be done.
Mr. Pinto asked whether there was a priority #5.
Mr. Dufour stated that there are seven park sites on federal applicatinn right
now. He further stated that they had two or three or four other park sites
that nothing has _happened on.
Mr. Pinto asked what designation or priority was on the seven that were on
application with the Federal Govenment.
Mr. Dufour stated there is some designation on every piece of land in the City
whether they are purchasing it or not.
Mr. Hand asked whether the ones in front of the Federal government were priority
#1.
Mr. Dufour stated that you do not put priority on them, you just sit back and
wait to see what they will participate in and which they will not.
Mr. Falk asked Mr. Dufour if there were other park sites he would much rather
see purchased than this particular one.
Mr. Dufour stated he would like to see Section 31-33 and Section 14 go in as
park sites because they are needed badly.
Mr. Andrew asked when the City will be building the fire station.
Mr. Bunk stated it was the last one and would be built in two years (1973) .
Mr. Andrew asked whether the police force would have a tough time patrolling
60 acres.
Lt. Mogan stated it would get inadequate patrolling.
Mr. Dick Murray, 34868 Kingsbury was present and stated that this park site
was quite hacked up at one time. Parks and Recreation put in some swings
and slides. If anybody else wanted to use this land they would have go
through private property. They have put up a baseball diamond and a hockey
field. He further stated that they needed this park site desparately.
Mr. Kluver stated that the recommended National Park Planning Standard is
10 acres per 1000 population. Already existing Section 18 is 20 acres per
1000 and with the proposed park sites acquired the figure would be 25 acres
per 1000 people.
There was no one else 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,
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#12-340-71 RESOLVED that, pursuant to a Public Hearing having been held
on December 14, 1971 on Petition 71-10-7-11 as submitted by the
/4, City Planning Commission to amend Part V of the Master Plan
of the City of Livonia, the Master School & Park Plan, so as
to incorporate property located north of Five Mile Road, west
of Newburgh Road immediately adjacent to Blue Grass Farms
subdivision in the Southeast 1/4 of Section 18, the City
Planning Commission does hereby determine to table this
item until the next regularly scheduled meeting in January.
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, 71-10-6-8 by the City
Planning Commission on its own motion to amend Ordinance #543,
the Zoning Ordinance of the City of Livonia, so as to clarify
the language with respect to waiver uses in all Zoning Districts.
There was no one wishing to be heard and the Chairman declared the public
hearing closed.
On a motion duly made by Mr. Kluver, seconded by Mr. Falk and unanimously
adopted it was
#12-341-71 RESOLVED that, pursuant to a Public Hearing having been
held on December 14, 1971 on Petition 71-10-6-8
as submitted by the City Planning Commission on its own
motion to amend Ordinance #543, the Zoning Ordinance of
110 the City of Livonia, so as to clarifythe language with
respect to waiver uses in all zoning districts, the City
Planning Commission does hereby recommend to the City
Council that Petition 71-10-6-8 be approved for the
following reasons:
(1) This Ordinance amendment is recommended by the
Department of Law as a revision to the existing
Ordinance.
(2) This Ordinance amendment will make the language
with respect to waiver use standards consistent
throughout Zoning Ordinance #543.
FURTHER RESOLVED that, notice of the above Public Hearing
was published in the official newspaper, the Livonia
Observer, under date of November 27, 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.
The meeting resumed after a brief recess with the same amount of interested
people in the audience.
The Secretary read the next item on the agenda, Petition 71-6-1-46 by the
City Planning Commission on its own motion requesting to
rezone property located on the southwest corner of Newburgh
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Road and Plymouth Road in the Southeast 1/4 of Section 30,
i!: from C-2 to P.O.
Mr. Wright, Industrial Coordinator of Plymouth was present and stated
that the developers were interested in a multi-story type of structure.
Mr. Nagy stated that nothing would be hurt if this were delayed a reasonable
length of time. At that time a building plan with height dimensions etc.
could be submitted.
Mr. Hand asked Mr. Neuman to take down the sign off the property and to
write a letter to the Commission notifying them that if this enterprise
were not consummated then they will advise the Commission to this effect.
Mr. Falk asked whether they would be putting in C-2.
Mr. Neuman stated that they would not. He also stated that they would take
the sign down and write a letter if there were any change in the development
of this site.
On a motion duly made by Mr. Tunis, seconded by Mr. Hand and unanimously
adopted it was
#12-342-71 RESOLVED that, pursuant to a Public Hearing having been held
on August 24, 1971 on Petition 71-6-1-46 as submitted by
The City Planning Commission on its own motion requesting to
rezone property located on the southwest corner of Newburgh
Road and Plymouth Road in the Southeast 1/4 of Section 30,
from C-2 to P.O. , the City Planning Commission does hereby
determine to table this item to the February 1, 1972 meeting.
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, motion by the City
Planning Commission to hold a public hearing to determine
whether or not to amend Article XVIII of Zoning Ordinance
#543, as amended, by repealing Sections 18.55, 18.56 and
18.57 and by amending Section 18.47 so as to include the
regulations pertaining to control of development in all
vicinity control areas.
On a motion duly made by Mr. Pinto, seconded by Mr. Kluver and unanimously
adopted it was
#12-343-71 RESOLVED that, pursuant to Section 23.01(a) 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
Article XVIII of Zoning Ordinance #543 by repealing Sections
18.55, 18.56 and 18.57 and by amending Section 18.47 so as
to include the regulations pertaining to control of development
in all vicinity control areas.
1[10'
FURTHER RESOLVED, that a hearing be held and notice be given
as provided in Section 23.05 of Ordinance #543, as amended,
the Zoning Ordinance of the City of Livonia and that there
shall be a report submitted and recommendation thereon to
the City Council.
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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 amend Zoning Ordinance #543, as amended, by adding regulations
for a new district titled Planned General Development.
On a motion duly made by Mr. Tunis, seconded by Mr. Kluver and unanimously
adopted it was
#12-344-71 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 Zoning Ordinance 4543 by adding regulations for a
new district titled' Planned General Development.
FURTHER RESOLVED, that a hearing beheld and notice be given
as provided in Section 23.05 of Ordinance #543, as amended,
the Zoning Ordinance of the City of Livonia 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.
100 Mr. Hand announced the next ite is a motion by the City Planning Commission
to hold a public hearing to determine whether or not to amend
Part I of the Master Plan of the City of Livonia, the Master
Thoroughfare Plan, for the purpose of establishing that portion
of Six Mile Road from Newburgh Road west to the I/96/I-275
freeway as a 180' right-of-way.
On a motion duly made by Mr. Hand seconded by Mr. Talbot and unanimously
adopted it was
#12-345-71 RESOLVED that, the City Planning Commission, pursuant to
the provisions of Act 285 of the Public Acts of Michigan,
1931,. as amended, does hereby establish and order that a
public hearing be held to determine whether or not to amend
Part I of the Master Plan of the City of Livonia, the Master
Thoroughfare Plan, for the purpose of establishing that portion
of Six Mile Road from Newburgh Road west to the I-96/I-275 freeway
as a 180' right-of-way,
NOTICE of time and place of said public hearing shall be
published in a newspaper of general circulation in the
City of Livonia and a notice by registered United States
mail shall be sent to each public utility or railroad
company owning or operating any public utility or railroad
within the City of Livonia in accordance with the provisions
of Act 285 of the Public Acts of Michigan of 1931, as amended.
I
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary read the next item on the agenda X-2 approval of the minutes
of the Special Meeting held on December 8, 1971.
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n
On a motion duly made by Mr. Talbot, seconded by Mr. Tunis and unanimously
IL , adopted it was
Ile #12-346-71 RESOLVED that, the minutes of the Special Meeting held by
the City Planning Commission on December 8, 1971 be approved.
The Chairman declared the motion carried and the foregoing resolution adopted.
On a motion duly made by Mr. Tunis, seconded by Mr. Falk and unanimously adopted
the 263rd Special Meeting of the City Planning Commission was adjourned at
10:30 p.m.
CITY PLANNING COMMISSION 1.bb
A. ._4, ii ..�
Francis M. Hand, Secreta
ATTESTED:
L
Daniel R. Andrew, Chairman
IL