HomeMy WebLinkAboutPLANNING MINUTES 1973-11-27 7474
MINUTES OF THE 267th REGULAR MEETING
AND A PUBLIC HEARING HELD BY THE CITY
PLANNING COMMISSION OF THE CITY OF
LIVONIA
On Tuesday, November 27, 1913 the City Planning Commission of the City of Livonia
held its 267th 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 8:10 p.m. with approximately 50 interested persons in the audience.
Members Present: Daniel R. Andrew Joseph J. Talbot Charles Pinto
Francis M. Hand Suzanne Taylor Joseph J. Falk
Herman Kluver Esther Friedrichs David F. Merrion
John J. Nagy, City Planner; Ralph H. Bakewell, Planner IV; H. G. Shane, Planner IV;
and Robert M. Feinberg, Assistant City Attorney, 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 make
a recommendation to the City Council that a certain course of 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 Council.
16; Mr. Kluver, Secretary announced the first item on the agenda, Petition 73-10-1-33
by Jerry J. Rozema for Funk Realty Company requesting to rezone
property located at the Southwest corner of West Chicago and
Houghton in the Southeast 1/4 of Section 31, from C-1 and
R-1 to P.S. and P.
Jerry Rozema: Funk Realty does not own this property. I own it in conjunction
with some associates. We bought it from Dr. Lapin. The Doctor
felt he did not want to stay with the property any longer so he
sold it to us. Gould Development Company would build an office
building under a lease back arrangement for several doctors.
Mr. Hand: The adjacent doctor's offices do not use that area to the rear
for parking. Is that right?
Mr. Rozema: Yes, that is right.
Mr. Hand: Do you intend using that rear portion for parking in the future?
Mr. Rozema: I believe so.
Mr. Hand: In the event that you did not need all that area for parking, would
you complement the property to the west by seeding or sodding.?
Mr. Rozema: I cannot answer that. We wouldn't use all the property but we
would be landscaping the property.
Mr. Hand: I am talking about making it more pleasant for the residents
adjacent to the west.
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Mr. Rozema: The approved site plan by the Planning Commission would of
course determine what we do there. Again, we will not be
directly connected to the builder therefore I cannot speak
for what someone else is going to do.
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 Mrs. Friedrichs, seconded by Mr. Hand and unanimously
adopted it was,
#11-288-73 RESOLVED that, pursuant to a Public Hearing having been held
on November 28, 1973 on Petition 73-10-1-33 as submitted by
Jerry J. Rozema for Funk Realty requesting to rezone property
located at the southwest corner of West Chiacgo and Houghton
in the Southeast 1/4 of Section 31, from C-1 and R-1 to P.S.
and P, the City Planning Commission does hereby recommend to
the City Council that Petition 73-10-1-33 be approved for the
following reasons:
(1) This zoning change will provide for a uniform zoning
and development pattern for the full block width as
it faces Ann Arbor Road on the south and between Hicks
Avenue on the west and Houghton Avenue on the east.
(2) This zoning change will provide for a land use buffer
insulating the residential property to the south from
the adverse effects of the heavy traffic corridor
of Ann Arbor Road and the commercially zoned and used
lands to the northeast.
(3) This addition in nonresidential zoning is needed to
provide for offstreet parking to more adequately serve
the professional service portion of the property which
professional service property is of such limited depth
• as to render its development impractical and inconsistent
with good site planning principles.
FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Livonia Observer,
under date of November 7, 1973 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. Kluver announced the next item on the agenda, Petition 73-10-1-34 by the
City Planning Commission pursuant to Council Resolution #809-73
requesting to rezone property located on the south side of
Eight Mile Road between Farmington and Gill Roads in the
Northeast 1/4 of Section 4, from RUF to C-2.
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Mr. Andrew: Mr. Feinberg, do you feel that Items #3 and #4 should be heard
before Item #2?
110 Mr. Feinberg: I believe that would be in order.
Mr. Andrew: The Chair is going to rule that we consider Items ##3 and #4
first and then return to Item #2.
Mr. Nagy: Read letter in file in reference to Items #3 and #4 with regard
to wishes of petitioner to withdraw his petition.
Mr. Andrew: Mr. Feinberg, since letter read stated improper petition number,
i.e. Petition 71-11-1-69 which petition the Planning Commission
has already acted upon instead of 73-10-1-34 the subject. of
tonight's hearing can we act on this?
Mr. Feinberg: The letter covers two items. I am a little bit concerned about
the wording in the letter. I do not see where anyone is pre-
cluded from the right to resubmit a petition.
Mr. Andrew: Does the letter expect us to initiate this petition?
Mr. Feinberg: No, I do not construe it that way.
Mr. Kluver announced the next item on the agenda, request for withdrawal of
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.
On a motion duly made by Mr. Hand, seconded by Mrs. Taylor and adopted it was,
#11-289-73 RESOLVED that, pursuant to a request dated November 27, 1973
from Robert C. Horvath for Livonia Associates, the City
Planning Commission does hereby approve the withdrawal of
Petition 71-8-1-52 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.
A roll call vote resulted in the following:
AYES: Andrew, Hand, Kluver, Taylor, Friedrichs, Pinto, Falk, Merrion
NAYS: . Talbot
The Chairman declared the motion carried and the foregoing resolution adopted.
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Mr. Kluver announced the next item on the agenda, request for withdrawal of
Petition 71-11-1-68 by Robert C. Horvath 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 P.
On a motion duly made by Mr. Hand, seconded by Mr. Kluver and adopted it was,
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#1170=-73 RESOLVED that, pursuant to a request dated November 27, 1973
from Robert C. Horvath for Livonia Associates, the City
Planning Commission does hereby approve the withdrawal of
Petition 71-11-1-68 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 P.
A roll call vote resulted in the following:
AYES: Andrew, Hand, Kluver, Taylor, Friedrichs, Pinto, Falk, Merrion
NAYS: Talbot
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, Petition 73-10-1-34 by the
City Planning Commission pursuant to Council Resolution
#809-73 and #810-73 requesting to rezone property located
on the south side of Eight Mile Road between Farmington
Land Gill Roads in the Northeast 1/4 of Section 4, from
RUF to C-2.
Mr. Hand: It should be made clear to the audience that the concept being
discussed tonite for the area proposed to be rezoned to the
C-2 classification for a commerce type development was
initially petitioned for a C-4 and a parking classification
to accommodate a regional shopping center.
Mr. Horvath; I am a partner in the Livonia Associates. Because of the
competition of the Novi site of Hudson and Taubman Company,
the companies we talked to felt that they would rather wait
and see what develops. We have travelled to Dallas and have
investigated the possibility of a Specialty Shopping Mall.
Our idea is to develop a center that will serve the area
and also complement the area.
At this point Mr. Bakewell showed slides of the "Old Town", Dallas, Texas.
Mr. Horvath: There are 67 acres to be filled. We have come up with a variation
of this plan. It would be a,planned development unit. The
commercial area would be to the north. There would be a walkway
over the creek area.
Mr. Pinto: This evening we are considering C-2 and some added property to
be considered for office research. Why do you need C-2 for
office research?
Mx. Horvath: The office research is something we have been working on the last
two weeks and it has been added to the plan.
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Mr. Nagy: If the petition were to be acted upon as it was advertised,
everthing outlined in the red and blue could be approved for
C-2, or the petition could be acted upon in part to approve
only that portion needed for the commercial development and
another petition submitted for the R-E Zoning.
Mr. Andrew: I assume you are talking about R-E Zoning as we know it today.
The question is for C-2 for 67 acres plus or minus.
Mrs. Taylor: How many acres is old town?
Mr. Horvath: About 40 acres.
Mrs. Taylor: Do you intend to develop this yourself or break it into parcels
and have someone else develop it?
Mr. Horvath: It would depend on who comes in. A lot of people like to own
their own sites. So it is rather difficult at this time to
say.
Mr. Merrion: Is it true that the Planning Commission has a petition in front
of the Council in reference to some land to the south?
Mr. Andrew: That is correct.
Mr. Merrion: Are we in a position to act on this since we have a petition
in front of the Council?
Mr. Feinberg: What is the status now?
Mr. Andrew: It's in front of the Council now and I believe the council
has it tabled.
Mr. Feinberg: There appears to be some conflict.
Mr. Nagy: This petition before us this evening is not on the Planning
Commissions own motion. It is pursuant to City Council
Resolutions #809-73 and #810-73.
Mr. Feinberg: I am aware of that. But I am saying that the Planning Commission
has submitted a petition and they are a body to be considered
as a private citizen. You are asking that we act on something
that is already being acted upon.
Mr. Horvath: You can hold this up unduly by initiating your own petition and
tabling it and saying another petition cannot be initiated.
Mr. Feinberg: I understand what you are saying.
Mrs. Friedrichs: A Commerical Market Study is underway by the City's Planning
Consultant. It is a sizeable parcel of land. It is adjacent
to residential. I think it is premature for the Commission
to approve something like this at this time, without the benefit
of the information we need from the commercial study.
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Mr. Horvath: You are new to the Commission. All these things you mention
have already been done. We have spent forty thousand dollars '
already. We know the feasibility of this land already. If
there,is any conflict then it leaves room for question.
Mrs. Taylor: Your study was done for a shopping complex?
Mr. Horvath: That's right.
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Mrs. Taylor: . You have a different plan before use now.
Mr. Horvath: There is a demand for commercial services.
Mr. Falk: Giffels did a commercial service study in 1971. What can you
offer on that corner that we do not already have?
Mr. Horvath: The existing shopping centers are crowded. This would give the
shoppers another choice.
Mr. Falk: I think your problem is that you cannot get a major tenant.
I am not going to vote for C-2 on 67 acres for proposals that
are as vague as this.
Keith Reynolds: I am the Vice-President of the Urban Farms Civic Association
19751 Gill and we are not in favor of this rezoning. Is Livonia going to
be the shopping center for all suburbia? People have moved to the
suburbs to get away from shopping centers and traffic. Sewers
and road pavement would have to be provided for Gill Road.
We do not feel that this expense should be passed on to the
residents of this area. We were willing to go along with the
petition presented by Giffel and Rosetti because they were
going to pave Gill Road and pay for it. There is nothing like
it in this petition now.
Mr. Horvath: Mr. Reynolds, do you live within 500 feet?
Mr. Andrew: If he lives in the City of Livonia he can be heard.
Mr. Meir What kind of traffic study has been provided for this area?
20200 Shadyside:
Mr. Horvath: The widening of Eight MIle is priority #3 rating. Between
Farmington Road west is #16. The expressway to be completed
at Eight Mile and Haggerty should be completed by 1975.
Eight Mile will be widened all the way to the expressway.
Resident: To my knowledge there is nothing in the budget for Farmington
20010 Farmington: Road west until 1976. Also, Mr. Nagy once stated that it was
a poor development because it leaves a strip of residential
land in front of the planned center.
Mike Kovsiak: I am against this petition.
20301 Gill
to:
Mrs. Spencer: We are against the rezoning.
19800 Gill
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Mr. Spencer: I do not feel the residents of Livonia deserve wall to wall
19800 Gill cement.
Mr. Derosia: I believe the residents of Gill Road would like to
18805 Gill see this project turned down.
Susan Clark: What is R-7?
34600 Norfolk
Mr. Andrew: Multiple zoning.
Susan Clark: When they get that in they will go after that multiple zoning
next.
Mr. Andrew: Do you intend to fashion this center like the one in Dallas?
Mr. Horvath: Yes, with the exception that we do not know what
architecture will be used.
Mr. Zelinski: Where is your parking planned for?
Mr. Horvath: Around each store so that the parking problem will be solved.
Mr. Antonelli: It sounds like Mr. Horvath is guessing and I think we are
20375 Gill guessing also.
Helen Spencer: Will thele have to be another road going from Gill Road to
1140 19800 Gill Seven Mile?
Mr. Andrew: No, there is no other road planned on the Master Thoroughfare
Plan.
Mr. DeRosia: There should be some consideration given to the people who
18705 Gill live out here.
Frank Gillis: Why would anyone want to shop at Eight Mile and Farmington when
34650 Norfolk they could shop at Seven and Farmington.
Mr. Horvath: Who is to say where someone is going to shop.
Rata D'Augastino: I do not like shopping centers.
34850 Norfolk
Susan Clark: I think this will effect us on Gill Road. We do not have
34600 Norfolk sewers, lights and streets and we do not want them.
Mrs. Korsiak: I do not want to see a shopping center in this area.
20301 Gill
Mr. Talbot: What would the association like to see on that land?
Mr. Reynolds: Keep it RUF.
Mr. Talbot: Who will pay the taxes?
Mr. Falk: People in a Civic Association like to see something go in
that is compatible to their homes.
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Mi. Pinto: I do not think that the way the petition is stated is consistent
li, to what has been brought up tonight.
Mr. Andrew: I agree and I feel that Mr. Horvath should meeti with Mr. Nagy
and the homeowners. I also think the point Mr. Merrion brought
up as merit and this should be clarified. I think that even
though my thoughts are to table until commercial study and plan
is complete that the homeowners should meeti with Mr. Horvath
in the meantime.
Mr. Pinto: Mr. Horvath is it your position that this petition is yours?
Mk. Horvath: Yes.
Judge Hand: May I have written in-the record, since Mr. Pinto has expressed
some doubt who the Commission thinks the petitioner.
Mr. Pinto: The City Council pursuant to resolutions #809 and #810 and
Section 23.01(a) .
Mr. Andrew: Read Petition 73-10-1-34 by the City Planning Commission
pursuant to Council Resolution #809-73 and #810-73
requesting to rezone property located on the south side of
Eight Mile Road between Farmington and Gill Roads in the
Northeast 1/4 of Section 4, from RUF to C-2. The Chair
will indicate for the record that the petitioner in this
particular case is the City Council pursuant to City
Council Resolution #809-73 and #810-73.
Mr. Pinto: Judge Hand, do you agree?
Judge Hand: No, just that the reading is accurate not that the petition
is accurate.
Mr. Feinberg: What is Judge Hand taking exception to?
Judge Hand: This is the petition of the City Planning Commission not
Livonia Associates.
Mr. Pinto: It is my present belief that this is a petition by the City
Council not the Planning Commission. ItAs my opinion, for what
it is worth, and I am only 1/9th of the Commission but I take
this this to be a petition by the City Council Resolution; not
a petition by the Planning Commission but by the City Council
and the City Council has the power to initiate such public
hearing.
Judge Hand: I still say this is a petition by the Planning Commission and
not by the City Council.
There was no one present wishing to be heard and the Chairman closed the public
hearing on this item.
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On a motion duly made by Mr. Kluver, seconded by Mr. Merrion and adopted it was ,
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#11-211-73 RESOLVED that, pursuant to a Public Hearing having been held
on November 28, 1973 on Petition 73-10-1-34 submitted by the
City Planning Commission pursuant to Council Resolutions #809-73
and #810-73 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-2, the City
Planning Commission does hereby determine to table this petition
until such time as the Commercial Market Study is completed.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Andrew, Merrion, Pinto, Taylor, Friedrichs, Kluver,
Falk, Talbot
NAYS: Hand
ABSENT: None
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, Petition 73-7-1-28 by
Burton-Share, Inc., requesting to rezone property located on the
west side of Farmington Road, north of Schoolcraft Road in the
Southeast 1/4 of Section 21, from R-2 to R-E.
On a motion duly made by Mrs. Taylor, seconded by Mr. Kluver and unanimously
adopted it was,
#11-292-73 RESOLVED that, pursuant to a Public Hearing having been held
on August 14, 1973 on Petition 73-7-1-28 as submitted by
Burton-Share, Inc. , requesting to rezone property located
on the west side of Farmington Road, north of Schoolcraft
Road in the Southeast 1/4 of Section 21, from R-2 to R-E,
the City Planning Commission does hereby determine to table
this petition until such a time as the R-E language amendment
has been acted upon by the Planning Commission. 9 o _
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, Petition 73-11-8-47P by
Weldon E. Clark requesting approval of all plans required by
Section 18.58 of Ordinance #543, the Zoning Ordinance of the
City of Livonia, as amended by Ordinance #988, submitted
in connection with a proposal to construct a real estate office
building on property located on the north side of Five Mile
Road between Foch Avenue and Green Lane in Section 13.
On a motion duly made by Mr. Talbot, seconded by Mr. Kluver and adopted it was,
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#11-293-73 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 73-11-8-47P by Weldon E. Clark requesting
approval of all plans required by Section 18.58 submitted in
connection with a proposal to construct a real estate office
building on property located on the north side of Five Mile
Road between Foch Avenue and Green Lane in Section 13, subject
to the following conditions:
(1) That Site Plan dated November 16, 1973, prepared by
Harold E. Eskovitz, Architect, which is hereby
approved, shall be adhered to with the exception
of the free standing sign.
(2) That Building Elevation Drawing dated November 16, 1973,
prepared by Harold E. Eskovitz, Architect, which is
hereby approved, shall be adhered to.
(3) That a detailed landscape plan shall be submitted to the
Planning Commission within thirty (30) days illustrating
the landscape treatment of those areas proposed to be
landscaped as shown on the approved Site Plan.
(4) That this Site Plan approval is conditioned upon the Zoning
Board of Appeals granting a variance of the required front
yard setback of 75' to the 47' setback as shown on the
=approved Site Plan.
3 (5) That the existing free standing sign which is proposed
to be relocated on the site shall be at a distance no
closer than twenty feet (20') to the north right-of-way
line of Five Mile Road.
(6) That the mechanical equipment located on the roof shall
be screened from view of the adjacent residential sub-
division.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Talbot, Friedrichs , Kluver, Hand, Taylor, Falk, Pinto,
Andrew
NAYS: Merrion
ABSENT: None
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, Landscape Plan submitted by
Maguran & Ritivol in connection with a condition of approvalval
of Petition 73-10-8-41 by Maguran & Ritivol requesting app
of all plans required by Section 18.47 of Ordinance #543, the
Zoning Ordinance of the City of Livonia, as amended by Ordinance
#990, in connection with a proposal to construct a retail sales
building on property located on the west side of Middlebelt
Road between St. Martins and Bretton in Section 2.
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On a motion duly made by Mrs. Taylor, seconded by Mr. Falk and unanimously
adopted it was,
#11-294-73 RESOLVED that, the City Planning Commission does hereby approve
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the Landscape Plan submitted by Maguran & Ritivol in connection
with a condtition of approval of Petition 73-10-8-41 by Maguran
& Ritivol requesting approval of all plans required by Section
18.47 of Ordinance #543, the Zoning rrdinance of the City of
Livonia, as amended by Ordinance #990, in connection with a
proposal to construct a retail sales building on property located
on the west side of Middlebelt Road between St. Martins and
Bretton in Section 2, subject to the following conditions:
(1) That the Landscape Plan prepared by Clark W. Corey,
Architect & Land Planners , Drawing #C-11728, Sheet #1-1,
which is hereby approved, shall be adhered to.
(2) That all landscaping as shown on the approved Landscape
Plan shall be installed before issuance of a Certificate
of Occupancy.
(3) That all landscaping installed shall be permanently
maintained and kept in a healthy condition.
The Chairman duly made, seconded and unanimously adopted the 267th Regular
Meeting held by the City Planning Commission of Livonia on November 27, 1973
was adjourned at 11:00 p.m.
CITY PLANNING COMMISSION
itO:
/(1,/,'t%(/ -af/ 4 Z2-1-i."-- -•
Herman H. Kluver, Secretary
ATTEST:
(4.1 ‘.44r--
Daniel R. Andrew, Chairman