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HomeMy WebLinkAboutPLANNING MINUTES 1973-06-26 . 5341 MINUTES OF THE 260th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF IL LIVONIA On Tuesday, June 26, 1973, the City Planning Commission of the City of Livonia, held its 260th Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman called the Public Hearing and Regular Meeting to order at 8:05 p.m. with approximately 25 interested persons in the audience. Members Present: Daniel R. Andrew Joseph J. Talbot David F. Merrion Francis M. Hand Suzanne Taylor Herman H. Kluver Esther Friedrichs Members Absent: Joseph Falk ( Company Business) Charles Pinto (vacation) John J. Nagy, City Planning Director; Ralph H. Bakewell, Planner IV; Robert M. Feinberg, Assistant City Attorney; John Bunk, Fire Chief were also present. Mr. Andrew informed the audience that if a petition on the evening's agenda involved a question of rezoning or vacating then the Planning Commission would only recommend to the City Council that certain action be taken whereupon the Council would ultimately decide whether or not to approve or deny the petition. Further, if a petition involved a waiver of use approval that is denied, the petitioner had ten days in which to appeal the decision to the te Council. Mr. Kluver announced the first item on the agenda, preliminary plat of Julaur Industrial Subdivision proposed to be located on the west side of Stark Road, south of the Industrial Road in the North 1/2 of Section 28. .Mr. Nagy: Police, Fire and Engineering Departments advise no problems. There was no one present wishing to be heard on this item and the Chairman closed the public hearing on the plat approval. On a motion duly made by Mr. Talbot, seconded by Mr. Kluver and unanimously adopted it was, #6-161-73 RESOLVED that, pursuant to a public hearing having been held on June 26, 1973 on the preliminary plat approval for Julaur Industrial Subdivision, proposed to be located on the west side of Stark Road, south of the Industrial Road in the North 1/2 of Section 28, the City Planning Commission does hereby determine to table this item until the Regular Meeting to be held on July 17, 1973. The Chairman declared the motion carried and the foregoing resolution adopted. / Mr. Kluver announced the next item on the agenda, Petition 73-5-1-21 by te Mr. and Mrs. Enrico Canini to rezone property located on the west side of Middlebelt between Grandon and Dover in the Southeast 1/4 of Section 35, from P.S. to C-1. 534z • John Canini: My father is desirous of establishing an Italian bakery for father on Lots 26 thru 30. We feel it would be an asset to the City. We would abide by all ordinances for construc- tion of this building. My father bought this land about five years ago knowing that the City of Livonia is a progressive community and this is basically what I wanted to apprise you of. Mr. Andrew; Are you aware of the setback requirements? Mr. Canini: Some. Mr. Andrew: You must be 75 ft. back from Middlebelt Road and also a 15 ft. rear yard setback is required. Your building would be only ten feet deep. Mr. Hand: We studied this area some time back because we were concerned about commercial moving north to the shopping center. It has some residential characteristics now and it was felt at that time that the property could be developed in total for an office complex. That type of zoning encompassed a number of things, a more controlled situation from a standpoint of traffic and a reasonable preference from the standpoint of the residents to the west. These are some thoughts that we entertained when this parcel was changed to P.S. This is still my feeling about this area. We wanted to indicate to you what our feelings were at that time. Mr. Merrion: Mr. Canini, as Mr. Andrew pointed out you have a problem with the front yard requirement and rear yard requirement. You stated in your presentation that you would comply with the Ordinance. What are you thinking about with reference • to these deficiencies? Mr. Canini.: There are some drawbacks here, but bakeries do not need a large building. They can operate in 30 to 50 ft. in size. Mr. Merrion: Were you aware that P.S. had a 40 ft. setback? Mr. Canini: Yes, but I did not know of the other commercial requirements. Delores Gibson: I am representing the neighborhood and we are against 29149 Grandon the rezoning of the property. Mr. Scheffler: I own property immediately north of parcel being discussed. 9646 Riverdale I purchased this land about five years ago because the land to my south was P.S. and it would not jeopardize my business plans. I therefore portest the rezoning. Mr. Andrew: Mr. Canini because you were unaware of these large yard requirements for commercial would you like to withdraw this petition or have us take action en it this evening. Mr. Canini: We would like to withdraw this petition. 5343 Mr. Andrew: Please write a letter to the City Clerk advising him of your desire. There was no one present wishing to be heard on this item and the Chairman declared the public hearing closed. On a motion duly made by Mr. Hand, seconded by Mr. Merrion and unanimously adopted it was, #6-162-73 RESOLVED that, pursuant to a public hearing having been held on June 26, 1973 on Petition 73-5-1-21 as submitted by Mr. and Mrs. Enrico Canini to rezone property located on the, west side of Middlebelt between Grandon and Dover in the Southeast 1/4 of Section 35, from P.S. to C-1, the City Planning Commission does hereby determine to table this item until such time as a letter , requesting withdrawal of the petition is received. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 73-5-3-4 by James and Melanie King requesting to vacate an alley located north of Curtis between Myron and Stamford in the Northeast 1/4 of Section 9. Mr. Nagy: Detroit Edison correspondence indicates they have no LAW objection because they have no equipment involved. Consumers Power indicate no objection, and the City Engineering Department has no objection. Mr. Hand: What are lot sizes of #437 and #424? Mr. Nagy: #437 is 56 ft in width and #424 is 50 ft. Mr. Hand: I get concerned when a citizen wants to vacate an alley and then does not appear to explain why. Mr. Nagy: A letter from the petitioner indicates they want to put a garage on this area with egress on Myron. Mrs. Taylor: Lots 425 thru ,439, what is the depth of lot? Mr. Nagy: 100-feet. There was no one present wishing to be heard and the Chairman closed the public hearing on this item. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was, #6-163-73 RESOLVED that, pursuant to a public hearing having been held on June 26, 1973 on Petition 73-5-3-4 as submitted by James and Melanie ( King requesting to vacate an alley located north of Curtis between (,w Myron and Stamford in the Northeast 1/4 of Section 9, the City Planning Commission does hereby recommend to the City Council that Petition 73-5-3-4 be approved for the following reasons: 5344 (1) The City Engineering Division and public utility companies have indicated they have no existing utilities in this area; l ' therefore, there is no need to retain this alley. i i (2) Alleys are not needed to serve properties in residential 10( areas. (3) Alley development is inconsistent with present day, standards with respect to residential development and residential neighborhoods. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of June 9, 1973 and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company, Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 73-5-3-5 by the City Planning Commission, pursuant to Council Resolution #305-73 requesting to vacate a portion of Woodring Avenue located 7 between Van Court Avenue and Orangelawn Avenue in Section 34 and a portion of Roselawn Avenue located north of Orangelawn Avenue to the Alfred Noble Library in Section 34. Mr. Dufour: This 20 acre park site is going to be a very active recreational area. There will be ball diamonds, tennis, and hand ball as well as a swimming pool and parking. Woodring should be closed as a safety standard. It would also give us use of this street for a tennis court. Mr. Talbot: The only means to get to Sheldon Shopping Center is through Plymouth or Farmington Road, is that right? Mr. Dufour: Yes, that is right. Mr. Merrion: The library has parking lot which goes across to Loveland and continues over to Woodring. Isn't that going to become a heavy traffic through lane through the library? There appears to be a tendency for people to cross through the library. Mr. Dufour: The parking lot will be positioned so that if need be the library can use our lot. Mr. Merrion: On the streets that will run into. ball diamond, won't it be the tendency of people to park on those streets? • Mr. Dufour:te 44 We will fence the area because I think we will get into something like that. We might be able to consider some parking on Roseland. 5345 Mr. Hand: 25% of the City's population live south of Plymouth Road and I think it is extremely important that something is li . arranged for these people as quickly as possible and with the most amount of recreation equipment. 11, Mr. Andrew: Mr. Bunk, Fire thief, do you have any comments? Mr. Bunk: No, Mr. Dufour covered everything pretty well. . Mr. Nagy: Residents of Woodring Avenue are in favor of closing this street. A list of 35 names has been submitted all of them having addresses on Woodring Avenue. There is also a letter from Consumers Power dated July 26, 1973 stating that they had reviewed vacating of Woodring and Roseland and they do object to vacating - unless consideration is given to their gas lines. They have 1,000 ft. of 2" steel pressure main. If this vacating does go through please do not start until Consumers Power notifies us that it is safe to start excavating. Mrs. Kusluski: Everybody is in favor of closing the street and we will 9628 Woodring not be inconvenienced going to Sheldon Center. Mr. Merrion: Do you nedd gas line to the pool? Mr. Dufour: Yes, we will, but swimming pool will not be in this immediate area. I Mr. Andrew: It is evident that we will have to vacate subject to easement retention. . Mr. Nagy: It should still be all right because it is not like vacating for residential. We will not have to get into that until the excavation crew comes in. With existing utilities I do not see how we can do other than maintain an easement. E. Lesko: I have been waiting 20 years to have this street vacated. 9805 Woodring There was no one present wishing to be heard on this petition and the Chairman closed the public hearing on this item. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was, #6-164-73 RESOLVED that, pursuant to a public hearing having been held on June 26, 1973 on Petition 73-5-3-5 as submitted by the City Planning Commission, pursuant to Council Resolution #305-73, requesting to vacate a portion of Woodring Avenue located between Van Court and Orangelawn in Section 34 and a portion of Roselawn Avenue located north of Orangelawn Avenue to the IL: Alfred Noble Library in Section 34, the City Planning Commission does hereby recommend to the City Council that Petition 73-5-3-5 be approved subject to the retention of a full width easement in that portion of the right-of-way recommended for vacating; 5346 for the following reasons: VI ' (1) There is no need to retain or maintain these through roads through this area as the abutting lands have been purchased for park purposes. (2) The former road right-of-way can better be utilized for playfield facilities. (3) Vehicular traffic through park lands cause a hazard to the safety of the playground users. (4) The Parks and Recreation Commission recommends approval. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of June 9, 1973 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Copipany, Consumer Power Company and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. There was no one present wishing to be heard on this petition and the Chairman closed the public hearing on this item. ilrO Mr. Kluver announced the next item on the agenda, Council Resolution #338-73 . referring Petition 72-12-2-44 by Curran Construction Company requesting a waiver use approval to construct a McDonald's Restaurant on property located on the south side of Plymouth Road between Wayne Road and Yale in the Northwest 1/4 of Section 13 back to the Planning Commission for further study and there- after a new report and recommendation. Fire Chief Bunk: I have not had a chance to study the revised site plan. The egress and ingress to Wayne Road would help the situation but I do not know to what extent. On a motion duly made by Mrs. Taylor, seconded by Mr. Hand and unanimously adopted it was, . #6-165-73 RESOLVED that, pursuant to a public hearing having been held on January 16, 1973 on Petition 72-12-2-44 as submitted by Curran Construction Company requesting a waiver use approval to construct a McDonald's Restaurant on property located on the south side of Plymouth Road between Wayne Road and Yale in the Northwest 1/4 of Section 13, the City Planning Commission does hereby determine to table this item to the July 10, study meeting. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item onthe agenda, Council Resolution #339-73 referring Petition 72-12-2-43 by Curran Constuction Company requesting a waiver use approval to construct a McDonald's Restaurant on property located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section • 5347 4, back to the Planning Commission for further study and thereafter a new report and recommendation. 11 On a motion duly made by Mr. Talbot, seconded by Mrs. Taylor and unanimously li:: adopted it was, 6-166-73 RESOLVED that, pursuant to a public hearing having been held on January 16, 1973 on Petition 72-12-2-43 ;as submitted by Curran Construction Company requesting a waiver use approval to construct a McDonaxd's Restaurant on property located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4, the City Planning Commission does hereby determine to table this item to July 10 study meeting. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, motion by the City Planning Commission to amend the legal description used in connection with Petition 72-1-7-2 by the City Planning Commission to amend the Master School and Park Plan by incorporating property located north of Seven Mile Road between Wayne Road and Fitzgerald in the Southeast 1/4 of Section 5. On a motion duly made by Mr. Kluver, seconded by Mrs. Taylor and unanimously adopted it was, #6-167-73 RESOLVED that, WHEREAS, the City of Livonia Planning Commission held a public hearing on February22, 1972 for the purpose of establishing certain property as part of the City of Livonia Master School and Park Plan; and WHEREAS, the following legal description was made a part of that public and legal action and has subsequently been found to be incorrect: The East 1/2 of the West 1/2 of the S. E. 1/4 and the West 1/2 of the East 1/2 of Section 5, T. 1 S. , R. 9 E. , City .of Livonia, Wayne County, Michigan. NOW, THEREFORE, BE IT RESOLVED that a public hearing and public notice be established for August 14, 1973; and FURTHER RESOLVED, that the following description be considered as the correct description accurately describing the property proposed to be incorporated on the Master School and Park Plan of the City of Livonia: Land in the City of Livonia, County of Wayne and State of Michigan, described as follows: The East 1/2 of the West 1/2 of the Southeast 1/4 and the West 1/2 of the East 1/2 of the Southeast 1/4 of Section 5, T. 1 S., R. 9 E. , City of. Livonia, Wayne County, Michigan. FURTHER RESOLVED that, notice of time and place of said hearing shall be published in a newspaper of general circulation in the City of Livonia and a notice by 5348 registered United States mail shall be sent to each public utility or railroad company owning or operating ‘1001 . 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, requested dated June 18, 1973 from Dale J. Brubaker requesting the withdrawal of Petition 72-3-1-18 by Dale J. Brubaker for VFW Post #3941 to rezone Property located on the south side of Grantland Avenue between Arcola and Cavell Avenues in the Southeast 1/4 of Section 25, from C-1 and R-1 to C-2. On a motion duly made by Mr. Hand, seconded by Mr. Talbot and unanimously adopted it was, #6-168-73 RESOLVED that, pursuant to request dated June 18, 1973 from the petitioners, the City Planning Commission does hereby approve the withdrawal of Petition 72-3-1-18 as submitted by Dale J. Brubaker for VFW Post #3941 requesting to rezone property located on the south side of Grantland Avenue between Arcola and Cavell Avenues in the Southeast 1/4 of Section 25, from C-1 and R-1 to C-2 for the following reasons : 1[4, (1) The petitioner informed the Commission by letter that he did not desire to have the land rezoned. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, request dated June 12, 1973 from William N. Ponder requesting the withdrawal of Petition 72-10-2-36 by Curran Construction Company requesting to be granted a waiver use approval to construct a McDonald's Restaurant on the north side of Seven Mile Road between Middle- belt and Parkville in the Southwest 1/4 of Section 1. On a motion duly made by Mr. Kluver, seconded by Mr. Merrion and unanimously adopted it was , #6-169-73 RESOLVED that, pursuant to request dated June 12, 1973 from the petitioners, the City Planning Commission does hereby approve the withdrawal of Petition 73-10-2-36 as submitted by Curran Construction Company requesting to be granted a waiver use approval to construct a McDonald's Restuarant on the north side of Seven Mile Road between Middlebelt and Parkville in the Southwest 1/4 of Section 1, for the following reason: (1) The Petitioner informed the Commission by letter that :� he did not desire to have the land approved for restaurant use. The Chairman declared the motion carried and the foregoing resolution adopted. • 5349 Mr. Kluver announced the next item on the agenda, Petition 73-6-8-25P by Michigan Bell Telephone Company requesting approval of all 1[4: plans required by Section 18.58 of Ordinance #543, as amended by Ordinance #988, submitted in connection with a proposal to construct a telephone exchange building on property located on the east side of Newburgh Road between Five Mile and • Six Mile in Section 17. On a motion duly made by Mr. Kluver, seconded by Mr. Merrion and unanimously adopted it was, #6170-73 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, the City Planning Commission does hereby .approve Petition 73-6-8-25P by Michigan Bell Telephone Company requesting approval of all plans required by Section 18.58 of Ordinance #543, as amended by Ordinance #988, submitted in connection with a proposal to construct a telephone exchange building on property located on the east side of Newburgh Road between Five Mile and Six Mile Roads in Section 17, subject to the following conditions: (1) That Site Plan dated June 25, 1973, prepared by Sigmund Blum, Vaporciyan & Mitch, Inc. , which is hereby approved shall be adhered to. (2) That Building Elevation Plan dated June 25, 1973, prepared by Sigmund Blum,Vaporciyan & Mitch, Inc. which is hereby approved, shall be adhered to. (3) That all landscaping as shown on the approved Site Plan shall be installed before issuance of a Certificate of Occupancy. (4) That the protective screen wall located on the east and north property lines shall be repaired and repainted. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 73-6-8-22P by Livonia Title Holding Corporation requesting approval of all plans required by Section 18.58 of Ordinance #543, as amended by Ordinance #988, submitted in connection with a proposal to erect an Allstate Insurance Company Office Building on property located on the north side of Plymouth Road between Farmington and Stark Roads in Section 28. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was, #6-171-73 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, the City Planning Commission does hereby approve Petition 73-6-8-22P by Livonia Title Holding Corporation requesting approval of all plans required by Section 18.58 of Ordinance #543, as amended by Ordinance #988, submitted in connection with a proposal to erect an Allstate Insurance Company office building on property located on the north side of 5350 of Plymouth Road between Farmington and Stark Roads in Section 28, subject to the following conditions; (1) That Site Plan prepared by Frank J. Lapasso and Associates, Job No. 4447, dated May 8, 1973, which is hereby approved, shall be adhered to. (2) That Building Elevation Plan, Job No. 4447, Sheet A-4 prepared by Frank J. Lapasso and Associates, which is hereby approved, shall be adhered to. (3) That Landscape Plan prepared by Bob Spearman dated June 21, 1973, as revised by the Planning .Department and agreed to by the petitioner, which is hereby approved shall be adhered to. (4) That all landscaping shown on the approved Landscape Plan shall be installed before issuance of a Certificate of Occupancy. (5) That all landscaping installed shall be permanently maintained and kept in a healthy condition. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, approval of the minutes of the 257th Regular Meeting held by the City Planning Commission on May 1, 1973. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was #6-172-73 RESOLVED that, the minutes of the meeting held by the City Planning Commission on May 1, 1973 are approved. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, approval of the minutes of the 282nd Special Meeting held by the City Planning Commission on May 8, 1973. On a motion duly made by Kluver, seconded by Merrion and unanimously adopted it was, #6-173-73 RESOLVED that, the minutes of the special meeting held by the City Planning Commission on May 8, 1973 are approved. Mr. Kluver announced the next item on the agenda, approval of the minutes of May 15, 1973. • On a motion duly made by Mr. Hand, seconded by Mr. Kluver and adopted it was, 16-174-73 RESOLVED that, the minutes of the meeting held by the City Planning Commission on May 15, 1973 are approved. 5351 A roll call vote resulted in the' ;following; AYES: Merrion, Talbot, Taylor, Hand, Kluver, Andrew NAYS: None ABSENT: Falk, Pinto ABSTAIN: Friedrichs The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, approval of the minutes of the 258th Regular Meeting held by the City Planning Commission on May 22, 1973. On a motion duly made by Mr. Merrion, seconded by Mr. Taylor and adopted it was, #6-175-73 RESOLVED that, the minutes of the meeting held by the City Planning Commission on May 22, 1973 are approved. A roll call vote resulted in the following: AYES; Friedrichs, Merrion, Talbot, Taylor, Hand, Andrew NAYS: None ABSTAIN: Kluver ABSENT: Falk, Pinto The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made seconded and unanimously adopted the 260th Regular Meeting was adjourned at 9 :40 P.M. CITY PLANNING COMMISSION /1/1'971'44 //. ‘"?'/2" Herman H. Kluver, Secretary ATTEST: ran., baniel R. Andrew, Chairman