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HomeMy WebLinkAboutPLANNING MINUTES 1974-05-14 5561. fie ,. L)C__7 lir ,A- • :i',L� R:.C.,.LAR. 1tE.]. ANI) A PUBLIC 11 EliIII:v'G 1-1 ELI) BY THE CITY PLA:7,N INT COI-T-1 S'SION OF Th E, CITY LIVONIA • On Tuesday, May 14, 1974, the City Planning Commission of the City of Livonia held its 275th Regular Meeting and Public Hearings 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 8:00 p.m. with approximately 50 interested persons in the audience. Members ,present: Daniel R. Andrew, Joseph Talbot Charles Pinto Francis M. Hand Suzanne Taylor Joseph J. Falk Herman H. Kluver Esther Friedrichs William Scruggs Messrs. John J. Nagy, Planning Director; H. G. Shane, Planner IV; Ralph Bakewell, Planner IV; and Robert 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 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 request that is denied, the petitioner then has ten days in which to appeal the decision to the council. Mr. Falk, Secretary announced the first item on the agenda, Re-hearing of Petition 71-8-1-51 by Robert C. Horvath, as requested by Council Resolution #213-74, requesting to rezone property located south of Eight Mile Road between Farmington Road and Gill Road in the Northeast 1/4 of Section 4, from RUF to R-8 and R-3. Mr. Andrew: Is there anything in file with reference to this petition. Mr. Nagy: We have a petition with 20 signatures from residents of Gill Road opposing the petition. Consumers Power indicates no objection. Cornel Peleo: 20295 Westbrook Detroit Business Associate & one of the general partners of a limited partnership. I feel this is an excellent spot for multiple dwelling. It will keep residents in an area that has a need for multiple dwelling. illiWMr. Andrew: You are in favor of keeping the R-3 zoning? Mr. Peleo: We want the whole 60 acres rezoned R-8. Mr. Andrew: Can the Commission take action on petitioner's request, Mr. Feinberg. 53x2 Mr. Feinberg: No, for the reason you are expanding not diminishing petitioned area- Mr. Andrew: Do you still feel there is a market for R-8? Mr. Peleo: I think ther , is a market for R-8 anywhere in this area. There is a dire need for apartments in Livonia. You have only 1,600 units. Southfield has 18,000. Westland has 12,000. I think you people think the apartment dwellers are another type of persons. I do not think they are. The last time Mr. Nagy made a statement that we do not agree with. That area will never support residential. You are going to have to face up to the fact that you are going to have to have multiple dwellings. You are not fighting Binder-Lark, or Kaufman Broad, you are fighting one individual investment group. Mrs. Taylor: You talked about development of Gill Road. What would your plans be now? Mr. Peleo: If we could obtain an excess of 500 units it would make it economically sound. With 500 units we would make some off street improvements. Mr. Kluver: We can only act on this petition as it presently stands before us. ILO Mr. Feinberg, City Attorney has indicated that we cannot alter the petition to expand the R-8 zoning. Mr. Horvath: Our original petition called for R-8. As a concession they suggested we use a buffer zone for R-3. This was a condition of the City to give us the rezoning. Mr. Andrew: You may withdraw this petition if you wish. Mr. Horvath: No, we will go through with it like it is. Mr. Hand: With the fifty R-3 lots going in, would you pave Gill Road? Mr. Horvath: We would pave half the road on Gill to Eight Mile. We would have to bring in the water and sewer. Mr. Falk: I believe that if you are going to get the R-8 and R-3 you would be back next week trying to get R-3 rezoned to R-8. Mr. Horvath: We do not know what will happen until after we obtain the rezoning. Mr. Falk: I feel that as soon as you get there, you will be back for R-8. You don't need to answer if you do not want to. Mr. Horvath: I really cannot answer because I do not know. Mr. Falk: I think you are interested in high rise and commercial not residential. I feel the single family neighborhood was there before you people purchased this investment property. Mr. Peleo: We have conceded to yauand we do not get anything by way of rezoning. 5561:: ; Mrs. 'Taylor: I am opposer': to both rezoaings in this area. I went along lith it initially considering the total development and the R-3 as a buffer to the w -st. As far. as I am concerned I feel R-8 and R-3 are both inappropriate fol' an area that is RUF. Mr. Hand: I offer to differ from that, I feel that R-8 is a good buffer for that arca. Mr. Talbot: Something is going to go in thele some day. That property is not going to set there idle with people paying taxes on it. With the R-3 and R-8 as a buffer I think it is logical. Mrs. Spencer: I am against the rezoning. Susan Clark: I do not feel that they can really provide housing for old 34600 Norfolk: people or young people at their projected rental rates. Who can afford $250.00 a month? Mike Luziak: I moved from Westland because of the many apartments. 20301 Gill With this apartment development I may have to move again. James Clark: I am against the rezoning. James Reynolds: Because they lost the C-4 zoning what good is this rezoning V.P.Urban going to do them? IL, Farms Mr. Andrew: I do not want to get into that question. Mr. Hand: R-8 is attractive to me because it locates density in an open space and it would not be detrimental to RUF. I am again suggesting that this might not be all bad. The area, the natural buffers and the Schostak apartments to the south should be considered and we should take a positive position and I am taking an affirmative position. Mr. Pinto: The R-3 section would require platting. Would the R-8 have to be platted? Mr. Nagy: Platting is necessary for single family subdivision but not for multiple family. Mr. Pinto: Can conditions be attached to site plan? Mr. Nagy: Reasonable conditions can be attached. Mrs. Taylor: Is there an updated report from Engineering Department? Mr. Nagy: No, the letter of November, 1971 still is valid about quantity and types of improvements ; ie. three lanes minimum; extension of sanitary sewer. Water mains would have to be improved. Tarabusi Flood plain would be sufficient to cope with storm water runoff. Mrs. Friedrichs: I still feel an overall plan for the area has to be considered. 556/, Mr. Horvath : r'e wa.. no tbling. Mr. Pinto: Is it your _,,,m , on Lo develop the R-3 shown on the map as R-3? Mr. Horvath: It is our intension to go through with the plan as shown here. Mr. Pinto: The 7 c 'd 1.; approximately 50 at a minimum width of 80 ft. That is your intention? To develop the R-3 portion into a single family residential subdivision? Mr. Peleo: Yes, it is. There was no one else present wishing to be heard and the Chairman closed the public hearing on this item. On a motion duly made by Mr. Falk, seconded by Mr. Scruggs and adopted it was, #5-101-74 RESOLVED that, pursuant to a Public Re-Hearing as requested by Council Resolution #213-74 having been held on May 14, 1974 on Petition 71-8-1-51 as submitted by Robert C. Horvath, and as amended by Robert C. Horvath, pursuant to a letter dated March 7, 1974, requesting to rezone property located south of Eight Mile Road between Farmington Road and Gill Road in the Northeast 1/4 of Section 4, from RUF to R-8 and R-3, the City Planning Commission does hereby recoumiend to the City Council that Petition 71-8-1-51 1[0 be denied for the following reasons: (1) The intrusion of high-intensity, multi•-family development in this area would adversely affect the stability of the nearby existing single-family residential development. (2) The proposed rezoning allowing for high-intensity, multi- family uses on the property subject to this rezoning petition would not be of such size, location and character as to be in harmony with the orderly and appropriate development of the surrounding area. (3) The location and size of the area proposed to be rezoned to the intensity of use as permitted under the high-rise . multi-family zoning district regulations as well as its relationship to the street, Gill Road, which street provides access to the property, shall be such that the traffic to and from the site would be hazardous, inconvenient to the neigh- borhood and unduly conflict with the normal traffic of the neighborhood as Gill Road is unimproved and thereby unable to cope with the increased traffic as would be generated by this rezoning request. (4) The demands of the public utilities and public facilities in this sector of the City would be over-burdened by the intrusion of high-intensity, multi-family development as their present capacities are only sufficient to cope with single family development as permitted under the RUF category. 5565 (5) The rezoni _ r ;s% is ply, 4_.ure in chat a petition of this magnitude requesting to change 23 acres of land presently zoned RUF to an R-d, t _ _se, multi--family category should, more appropriately, be considered after the updated Master Land Use Plan of the City of Livonia has first been reviewed and approved by the City Planning Commission and City Council. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Observer-Eccentric, under date April 29, 1974 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. A roll call vote resulted in the following: AYES: Kluver, Scruggs, Taylor, Falk, Andrew NAYS: Friedrichs, Pinto, Talbot, Hand ABSENT: None The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-3-7-3 by the City Planning Commission to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to incorporate 1[00 property located on the north side of Seven Mile Road, east of Fitzgerald, in the South 1/2 of Section 5. Mr. Andrew: Is there any correspondence on this petition? Mr. Nagy: We have a letter from the Parks and Recreation Department recommending approval of this petition. 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 Mrs. Friedrichs and unanimously adopted it was, #5-102-74 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia having duly held a public hearing on May 14, 1974 for the purpose of amending Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, the same is hereby amended so as to incorporate property located on the north side of Seven Mile Road, east of Fitzgerald, in the South 1/2 of Section 5 . (Refer, to Petition 74-3-7-3) for legal description AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby adopt said amendment as 5 566 Li part of the ?.-1[J,tL,i Plan of the City of Livonia, which is incorporated herein hy reference, the same having been adopted by resolution of the City elann_Lng Commission, with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk, and the City Planning Commission; and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-3--1-8 by Bra-Con Industries, Inc. to rezone property located on the west side of Globe Road, north of Plymouth Road in the Southwest 1/4 of Section 29, from RUF to P. Mr. Andrew: Is there any correspondence pertinent to this petition? Mr. Nagy: There is a letter from Consumers Power stating they have no objection to the petition. The City Engineering Division reports no engineering problems. A letter from Dan Gilmartin, Industrial Coordinator suggest that the matter be tabled for a meeting of Planning Staff, Bra-Con representatives and himself. Mrs. Howell: We have lived on Newburgh 27 years and it has always been 11970 Newburgh zoned residential. We do not want a factory parking lot Livonia behind our house. It is supposed to be light industry. They (421-2084) have very loud hawmering all night long. There is junk there all the time. They said they would be quiet, neat neighborhoods. They were not. Now they want a parking lot. We do not want it. When the petition for the addition went in they said there would be no back door but they have put in a back door and big trucks go in there all day long. Mr. Andrew: Do they work around the clock? Mrs. Howell: That's right. I wish you could see how close that factory is to our house. I hope you will be understanding. Mr. Scruggs: Do they park there now? Mrs. Howell: Yes, they park there and there is a lot of junk behind there. There was no one else present wishing to be heard and the Chairman closed the public hearing on this item. On a motion duly made by Mr. Talbot, seconded by Mrs. Taylor and unanimously adopted it was , 5367. IL •5__103-74 RESOLVED that, pursuant to a puri _r. heR.ring having been meld on May 14, 1974, on Petition 74-3-1-8 as submitted by Bra-Con Industries , Inc. , to rezone property located on the west side of Globe Road, north of Plymouth Road in the Southwest 1/4 of Section 29, from RUF to P. , the City Planning Commission does hereby determine to table this item to the Study Meeting of June 18, 1974. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-4-1-9 by Bell Creek Development Company to rezone property located south of Five Mile Road between Santa Anita and Cavell in the Northeast 1/4 of Section 24, from RUF to R-7 and C-2. Mr. Andrew: Is there any correspondence in file relative to the petition? Mr. Nagy: Consumers Power letter stating there is no objection. The Engineering Division reports that the legal description should be revised. There are no engineering problems. A letter is also on file from Mr. and Mrs. Kutula stating they are opposed to the rezoning. Edward Orr: We want to build a little shopping here. 23475 Oakland IL Southfield Mr. Andrew: Why do you want C-2 zoning when C-1 local commercial is sufficient for retail shopping? Mr. Orr: We thought that C-2 would be very useful for residents of this area. Mr. Pinto: Does any property include property owned by Rosedale Presbyterian Church. Mr. Orr: I do not believe so. Mrs. Friedrichs: Why do you feel that C-1 would not be adequate? Mr. Orr: It restricts you to some extent. Mrs. Friedrichs: I am a little bit bothered by C-2 rezoning. There are several shopping centers in that area already. I would like to see the residential area kept there. I think 60 units would be attractive in that area but I am against C-2. Carl Riegal: We had a 7-11 in mind or something similar. Mrs. Friedrichs: That kind of store would be included in C-1 and there already is a part store nearby. Mr. Falk: You must have something in mind for C-2 that you are not telling us of. Mr. Riegal: We are the silent partners so I really do not know what the other partners had in mind. • 5566 Mr. Falx: Then, you won [I LF_' 1t until such Lilac as all the partners can get togetner to discuss the need for C-2 commercial. Mr. Riegal: We would rather have a vote and then perhaps come down to C-1. Mr. Pinto: I do not know whether we even want to consider any commercial. There alreaC'y i., too -auch strung out commercial development in the mile road area. Mr. Scruggs: Is there a house on the property now? Mr. Orr: Yes, there are renters living there. We will be removing the building. Mr. Lowery: I am opposed to the rezoning. 15035 Cavell Resident I am property owner of R1A and I would like it rezoned. 36714 Bennett Resident I am against the rezoning. 14901 Cavell Mr. Lowery: They are going to have stores up and down that street. Mr. Orr: We would like the petition considered as C-1 and not C-2. Mr. Andrew: We will consider it an oral amendment at this time and would request that you send a letter to the City Clerk's office advising them of your decision. Mr. Pinto: I am dismayed by proliferation of commerical zoning and uses along Five Mile Road. I feel that Five Mile can still be developed residentially in the broad sense. I consider multiple as residential but not spasmodic proliferation of commercial on Five Mile Road. There are shopping centers along Five Mile already that are not occupied. Mr. Orr: We are talking about developing a $2 Million project and we are going to do it right. Mr. Pinto: I am sure it would be attractive but the question is whether that would be the proper place for commercial. Mr. Falk: I would like you to consider taking that commercial out. There was no one else present wishing to be heard and the Chairman closed the Public Hearing at this time. On a motion duly made by Mr. Kluver, seconded by Mrs. Taylor and unanimously adopted it was, 5569 #5-104-74 RESOLVED that, pursuant to a PL'_b1. n hearing having been held on 1:' May 14, 1974, on Petition 74-4-1-9 as submitted by Bell Creek Development. Company to rezone property located south of Five Mile Road between Santa Anita and Cavell in the Northeast 1/4 of Section 24, from RUF to R-7 and C-1 (as amended by the petitioner verbally) the City Planning Commission of the City of Livonia does hereby determine to table this item to the May 21, 1974 study meeting. The Chairman declared the motion carried and the foregoing resolution adopted. The Chairman declared a ten minute recess. * * * * * * * * * * * * * The Chairman called the meeting to order with the same members present as were present for the initial roll call. Mr. Falk announced the next item on the agenda Petition 74-10-6-14 by the City Planning Commission pursuant to Council REsolution #637-73 to amend #637-73 to amend Section 2.08 (7) of Ordinance #543, the Zoning Ordinance of the City of Livonia, by amending the definition of Kennel. On a motion duly made by Mrs. Taylor, seconded by Mr. Kluver and unanimously adopted it was, 1rIbif #5-105-74 RESOLVED that, pursuant to a public hearing having been held on November 13, 1973 on Petition 73-10-6-14 by the City Planning Commission pursuant to Council Resolution #637-73 to amend Section 2.08 (7) of Ordinance #543 the Zoning Ordinance of the City of Livonia, by amending the definition of Kennel, the City Planning Commission does hereby recommend to the City Council that action with respect to this matter be deferred until such a time as the model legislation as drafted by the American Dog Owner's Association, P.O. Box 35176, Detroit, Michigan 48235, has been pursued at the State level, which legislation will more appropriately assess on a more reasonable basis the regulation of animal controls, licensing and related standards, The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda Petition 73-12-2-26 by Paul F. Ternes, Jr. , requesting to be granted a waiver of use approval to use vacant property located on the south side of Amrhein Road, east of Newburgh Road in the Southwest 1/4 of Section 29, for parking and storage of trucks and other motor vehicles in connection with garage repair shop. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was, #5-106-74 RESOLVED that, pursuant to request dated May 13, 1974 from the petitioners , the City Planning Commission does hereby approve the withdrawal of Petition 73-12-2-26 as submitted by Paul F. Ternes, Jr. , requesting to be granted a waiver of use approval to use vacant property located on the south side of Amrhein Road, east of Newburgh Road in the Southwest 1/4 of Section 29, for parking and storage of 5570 trucks and other icotor vehicles in connection with garace repair shons ' Li for the following reason (1) The petitioner has iniormed. the Com nasion by letter dated May 13, 1974 that he is desirous of locating a new site that will more appropriately accommodate his luse. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, motion by the City Planning Commission pursuant to Section 23.01 of Ordinance #543, t.s amended, to hold a public hearing to determine whether or not to vacate a portion of Blackburn Avenue located south of Plymouth Road between Ingram and Cranston in the Northeast 1/4 of Section 34. On a motion duly made by Mr. Kluver, seconded by Mr. Talbot and unanimously adopted it was, #5-107-74 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 in the Livonia City Hall to determine whether or not to vacate a portion of Blackburn Avenue located south of Plymouth Road between Ingram and Cranston in the Northeast 1/4 of Section 34. ILFURTHER RESOLVED, 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 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. M,r. Falk announced the next item on the agenda, motion by the City Planning Commission pursuant to Section 23.01 of Ordinance #543, as amended, to hold a public hearing to determine whether or not to vacate a portion of Melrose Avenue located south of Plymouth Road between Auburndale and Arden in the Northeast 1/4 of Section 34. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was, #5-108-74 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 in the Livonia City Hall to determine whether or not to vacate a portion of Melrose Avenue located south of Plymouth Road between Auburndale and Arden in the Northeast 1/4 of Section 34. FURTHER RESOLVED, notice of time and place of said public hearing shall be published in a newspaper of general circulation in the City of Livonia and notice by registered United States mail shall be sent to each public utility or railroad within the City of Livonia in accordance with the provisions of Act 285 of the Public Acts of Michigan 1931, as amended. 5571 1:t The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next itorl on the agenda, approval of the minutes of the 272nd Regular Meeting held by the City Planning Commission on April 2, 1974. On a motion duly made by Mr. Kluver, seconded by Mr. Hand, it was , 9P5--109--74 RESOLVED that, the minutes of the 272nd Regular Meeting held by the City Planning Commission on April 2, 1974 are hereby approved. A roll call vote resulted in the following: AYES: Kluver, Friedrichs, Pinto, Talbot, Taylor, Hand, Falk, Andrew. NAYS: None ABSTAIN: Scruggs The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, approval of the minutes of the 273rd Regular Meeting held by the City Planning Commission on April 16, 1974. On a motion duly made by Mr. Kluver, seconded by Mr. Scruggs, it was #5-110-74 RESOLVED that, the minutes of the 273rd Regular Meeting held by the City Planning Commission on April 16, 1974 are hereby approved. IL; A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Scruggs, Pinto, Talbot, Taylor, Falk, Andrew NAYS: None ABSTAIN: Hand The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda Petition 74-4-8-16 by United Sporting Goods requesting approval of all plans required by Section 18.47 of Ordinance #543, as amended by Ordinance #990, submitted in connection with a proposal to modify the front elevation of the existing building located on the north side of Seven Mile Road between Middlebelt and Purlingb rook. On a motion duly made by Mr. Hand, seconded by Mr. Pinto and unanimously adopted it was, #5-111-74 RESOLVED that pursuant to Section 18.47 of Ordinance #543, as amended, by Ordinance #990, the City Planning Commission does hereby recommend to the City Council that Petition 74-4-8-16 by United Sporting Goods requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to modify the front elevation of the existing building located on the north side of Seven Mile Road between Middlebelt and Purlingbrook, be approved subject to the following conditions : 5572 (i) That Arci;it ;tur_.1 1, S,,e t _t-2, prep,',red by Louis Radstone Associates, Architects, revised 5/3/74 which is hereby :pp cvad, shall be adhered to. (2) That Sign Plan #2408, dated 4/23/74, prepared by Interstate Neon Corporation of Van Nuys, California which is hereby approved, be ac.iered to. (3) That when the east half of the old Farmer Jack Building is occupied it will be architecturally remodeled in conformance with the above approved plan as stated in a letter .5/3/74, addressed to the Planning Commission from George R. Klein, proprietor of the Livonia Mall Shopping Center. (4) That the approved front building elevation shall include a neutral wood panel at the east end of the new building facade to be .used as a buffer between the proposed remodeling and the future continuation of same for the balance of the front building elevation. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-4-8-18P by Lindhout Associates requesting approval of all plans required by Section 18.58 of Ordinance #543, as amended by Ordinance #988, submitted 1[0 in connection with a proposal to erect two one-story office buildings on property located on the west side of Farmington Road between Orangelawn and Plymouth Road. On a motion duly made by Mr. Hand, seconded by Mr. Kluver, it was #5-112-74 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, as amended by Ordinance #988, the City Planning Commission does hereby approve Petition 74-4-8-18P by Lindhout Associates requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to erect two one-story office buildings on property located on the west side of Farmington Road between Orangelawn and Plymouth Road, subject to the following conditions: (1) That Site Plan #7411, Sheet, P-1, dated 4/25/74, prepared by Lindhout Associates, Architects, which is hereby approved shall be adhered to. (2) That building elevations as shown on the approved site plan which are hereby approved, shall be adhered to. (3) That the landscaping plan as shown on the approved site plan shall be installed before the issuance of a Certificate of Occupancy. (4) That all landscaping shall be permanently maintained and kept in a healthy condition. to A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Scruggs, Pinto, Taylor, Kluver, Hand, Falk, Andrew NAYS: None ABSTAIN: Talbot • 557= The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the rie:_:_ item on the agenda, landscape plan submitted in connection with Petition 73-10-8-39P by David H. Josephson and L. Jack Akey requesting approval of all plans required by Section 18.58 of Ordinance 45!,2 , a arerrled by Ordinance #988, in connection with a proposal to build. healun studio on property located on the east side of Middlebelt Road between Terrence and Sunnydale in Section 13. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was #5-113-74 RESOLVED that, the City Planning Commission does hereby approve the Landscape Plan submitted in connection with Petition 73-10-8-39P by David H. Josephson and L. Jack Akey requesting approval of all plans required by Section 18.58 of Ordinance #543, as amended by Ordinance #988, in connection with a proposal to build a health studio on property located on the east side of Middlebelt Road between Terrence and Sunnydale in Section 13, except for that area along the south property line as it abuts the Kramer Carpet Company parking lot; the landscaping of that area being left to the approval of the City Planning Department, subject to the following conditions: (1) That Landscape Plan dated 4/29/74, prepared by Anderson/Lesniak (PO & Associates, Inc. , as modified, which is hereby approved, shall be adhered to, thereby superseding the approved landscape plan as set forth in Planning Commission Resolution #10-274-73. (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 shall be permanently maintained and kept in a healthy condition. The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 275th Regular Meeting of the City Planning Commission was adjourned at 10:45 p.m. CITY PLANNING COMMISSION AMMO Jo• eph J.; F.4 4, Sec etary ATTEST: Daniel R. Andrew, Chairman