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HomeMy WebLinkAboutPLANNING MINUTES 1974-11-26 5678 . MINUTES OF THE 286th REGULAR MEETING AND PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA 4 On Tuesday, November 26, 1974, the City Planning Commission of the City of Livonia, held its 286th 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 70 interested persons in the audience. Members present: Daniel R. Andrew Joseph Talbot Francis Hand Suzanne Taylor Joseph Falk Esther Friedrichs Herman Kluver William Scruggs Members absent: Charles Pinto Messrs. John J. Nagy, Planning Director; Ralph H. Bakewell, Planner IV; H G Shane, Planner IV; and RobertM. 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 City 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 had ten days in which to appeal the decision to the Council, and if such petition was not appealed in that time then the petition is considered "terminated". 1!: Mr. Falk; Secretary announced the first item on the agenda, Petition 74-10-1-33 by the City Planning Commission to rezone property located east of Wayne Road between Six Mile and Curtis Avenue in the South- west 1/4 of Section 9, from' R-4-B to P.L. 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. Kluver, seconded by Mrs. Taylor and unanimously adopted, it was #11-224-74 RESOLVED that, pursuant to a public hearing having been held on November 26, 1974 on Petition 74-10-1-33 as submitted by the City : Planning Commission on its own motion, to rezone property located . east of Wayne Road between Six Mile Road and Curtis Avenue in the ,- Southwest 1/4 of Section 9, from R-4-B to P.L., the City Planning Commission does hereby recommend to the City Council that Petition 74-10-1-33 be approved for the following reasons: (1) This proposed change of zoning is needed to revise the Comprehensive Zoning Map of the City of Livonia so as to have the Zoning Map reflect the public ownership and public use of this land. (2) This is a housekeeping chore only as this change of zoning will bring the City Zoning Map for this area up to date so as to show the public ownership of this parcel to those examining the 4 Zoning Map. 5679 • FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper the Observer-Eccentric under date of November 7, 1974 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Rail- way 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 74-10-1-34 by the City Planning Commission to rezone property located north of Seven Mile Road between Gill Road and Wayne Road, if extended, in the Southwest 1/4 of Section 4, from RUF-B to P.L. 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. Scruggs, seconded by Mr. Kluver and unanimously adopted, it was - #11-225-74 RESOLVED that, pursuant to a public hearing having been held on November 26, 1974 on Petition 74-10-1-34 as submitted by the City Planning Commission on its own motion to rezone property located north . of Seven Mile Road Mile Road between Gill Road and Wayne Road, if extended, in the Southwest 1/4 of Section 4, from RUFB to P.L. , the City Planning Commission does hereby recommend to the City Council that Petition 74-10-1-34 be approved for the following reasons: • (1) This proposed change of zoning is needed to revise the Comprehensive Zoning Map of the City of Livonia so as to have the Zoning Map reflect the public ownership and public use of this land. (2) This a housekeeping chore only as this change of zoning will bring the City Zoning Map for this area up to date so as to show the public ownership of this parcel to those examining the Zoning Map. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Observer-Eccentric, under date of . November 7, 1974 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele- phone Company and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-10-1-32 by R. H. House, Chatham Super Markets, Inc., to rezone property located at the south- west corner of Five Mile and Newburgh Roads in the Northeast 1/4 of Section 19, from C-1 to C-2. Mr. Andrew: Is there any correspondence? 4 Mr. Bakewell: There is a letter from the Engineering Department which states there appears to be no problems. • 5680 R. House: We want the C-1 rezoning changed to C-2 so that we could include a family type restaurant in this complex. It is an i asset and a catalyst. We have found that it is a needed facility in a complex of this nature. Mr. Andrew: Do you know who the tenants will be? Mr. House: No, we have had many requests. It will not be one with a liquor license. Mr. Andrew: How would you control the hours of operation? Mr. House: It will have to be a gentlemen's agreement. When he leases the building he leases it for 24 hours. I do not know how we would control it. Mr. Andrew: I feel the hours of operation would be a factor that would weigh heavily on my vote. Mr. Falk: The question that comes to my mind is that the people opposed a restaurant previously. I do not understand why developers come into this City and you put in all the trees and egress and ingress then what prompts you people to go ahead and want to put in a restaurant. IL Mr. House: We never said we would not put in a restaurant. Mr. Falk! I remember the one thing that the people did not want is a restaurant. Mr. House: I knew there were objections voiced against restaurants. But I do not see what the real objection to a restaurant is. Mrs. Friedrichs: This area offers quite a bit of land buffer. We would be especially careful about trash being taken care of in a sanitary way in the building. I think a restaurant located in a center has an advantage. It is my own opinion that this would be less objectionable than the way some of the other shopping centers have handled restaurants. Mrs. Taylor: Is it within the leasing requirements about the storing of the trash inside? Mr. House: I would definitely make it a condition of the lease. Mr. Scruggs: What kind of family restaurant do you have in mind. Mr. House: This would not be a Big Boy Restaurant. We have two independent restaurants and they have both been successful I think these restaurants close at 12:30 Friday and 11:30 10 on other nights. 4 J . 5681 Mrs. J. Friend: We definitely stressed that there was to be no restaurant 15180 Blue Skies in this center. We think this restaurant was placed in this spot so that a minimum amount of people would have to know about it. 1 Mr. Hughes: When we spoke to Mr. House at the first meeting 15156 Blue Skies I wonder if he was aware there was going to be a restaurant. Mr. House: Yes, we knew there was going to be an application made to locate one in there. Mr. Hughs: It brings cars and this is right behind my house. Mrs. Michael Leahy: I object to the restaurant. 15208 Blue Skies • Mrs. Hesch: I object because he has given us no reason to trust him. 15168 Blue Skies Mr. Hand: In my opinion locating a restaurant in a situation as this, is a better situation than a free standing one. I think you have a lot more guarantee going for you when you have a situation where they will be looked over by the center management. Mrs. Friend: If they grant this what other uses could go in there? Mr. Andrew: Mr. Andrew read at this time other uses that would be allowable as permitted uses within the scope of the C-2 • zoning district regulations. 1[1; Mr. Friend: Should he not want to please the neighbors around him? Mr. House: People shopping in the center and working in the center use the restaurant. There will be about 100 people working in the center. Mr. Hand: If C-2 zoning were granted, and the waiver use was denied for a restaurant I would think it incumbent on this Commission to withdraw the C-2 and restore it to C-1. If we insist on this would you agree? Mr. House: Yes. Mrs. Frank Hughes: If there was going to be a restaurant we would want it in 15156 Blue Skies writing that there would be no liquor license. Mr. Bakewell: That would necessitate another public hearing as Class C liquor establishments are also subject to waiver ase approval. Mrs. Friend: Don't you think it should be up to the neighborhood what should go in there? • Mr. Andrew:1[10 We take this into consideration. That is why we have a } public hearing. There was no one else wishing to be heard and the Chairman closed the public 1!: hearing on this item. On a motion duly made by Mr. Scruggs, seconded by Mrs. Friedrichs it was, #11-226-74 RESOLVED that, pursuant to a public hearing having been held on November 26, 1974 on Petition 74-10-1-32 by Mr. R. H. House, Chatham, Super Markets, Inc. , to rezone property located at the southwest corner of Five Mile and Newburgh Roads in the Northeast 1/4 of Section 19, from C-1 to C-2, the City Planning Commission does hereby determine to table this item to the December 17, 1974 meeting. A roll call vote on the foregoing resolution resulted in the following: AYES: Falk, Friedrichs, Scruggs, Talbot, Andrew NAYS: Taylor, Hand, Kluver ABSENT: Pinto The Chairman declared the motion is carried and the foregoing resolution adopted. • Mr. Falk announced the next item on the agenda, Petition 74-10-2-18 by R. H. House requesting a waiver of use approval to operate a family-type restaurant within the shopping center proposed to be constructed at the southwest corner of Five Mile and Newburgh Roads in the Northeast 1/4 of Section 19. Mr. House: _ I will go along with any restrictions that the Commission wants. Mrs. Taylor: While you are considering the point of tenants at that center is the waiver use necessary before getting a tenant? Mr. House: It is hard to talk to a tenant if you do not have zoning. Mrs. Taylor: I was thinking of zoning, tenant and then waiver use. Mr. House: I see no objection to that. There was no one else wishing to be heard and the Chairman closed the public hearing on this item. On a motion duly made by Mr. Talbot, seconded by Mr. Falk, and unanimously adopted it was #11-227-74 RESOLVED that, pursuant to a public hearing having been held on • November 26, 1974 on Petition 74-10-2-18 by R. H. House requesting a waiver of use approval to operate a family-type' restaurant within the shopping center proposed to be constructed at the southwest corner of Five Mile and Newburgh Roads in. the Northeast 1/4 of Section 19, the City Planning Commission does hereby determine to table this item until such time as the pending rezoning Petition 74-10-1-32 is resolved. The Chairman declared the motion carried and the foregoing resolution adopted. 5683 The Secretary announced the next item on the agenda, Petition 74-10-2-17 by F. R. Mayer requesting a waiver of use approval to convert one bay of a self-service auto wash located on the northside of 4 Schoolcraft Road between Eckles and Newburgh Roads in the Southwest 1/4 of Section 19, to an auto repair area. There is a letter on file from the Engineering Department which indicates there are no engineering problems. Mr. Andrew: What is your intention with regards to these premises? Gary Shaw: This used to be a gas station. We plan on utilizing Mgr. of Property a self service bay as a service center. Mr. Shaw: There will be minor repairs done by mechanics. Mr. Kluver: You mentioned you were going to bring in gasoline. Will it be a major brand? Mr. Shaw: Yes, it will be a promotional type of operation only. Mrs. Friedrichs: You indicate that you will be converting more than one bay to a auto repair facility. Mr. Shaw: It was filed for more than one bay. Mrs. Friedrichs: I have washed my car there several times. I have had to go from one to another to find one that works. i Mr. Shaw: I took over the managing of the building 3 months ago. I have a hard time getting adequate police protection, to prevent vandalism. Mrs. Friedrichs: Does he have full zoning? Mr. Andrew: I believe he has C-2. • We must clarify for the record how many bays you are going to convert to a repair bay. Mr. Shaw: Right now I can only use one. Mr. Andrew: Which bay would that be? Mr. Shaw: Bay #4 on the site plan. Mr. Small: What are the hours of operation. How much noise. 32000 Schoolcraft They have high watt bulbs there that shine into our windows. Mr. Shaw: I plan on staying open no later than 10 p.m. and on Saturday no later than 2 p.m. The tuning of the engine will be done in the bay itself. , Mrs. Friedrichs: Will you have certified mechanics? Mr. Shaw: I will be the manager and the mechanic. I have a student from Garden City High as a worker on the cooperative program. • 5684 Mrs. Friedrichs: Does the Planning Department consider this an adequate plan? I!: Mr. Andrew: • I do not consider the plans adequate. John Rockefeller: Are you already involved in mechanical work? 8934 Crosley . Redford Mr. Shaw: Yes. Mr. Rockefeller: We.own 13A and 13B. I believe the gentleman has cleaned up his property because I have found debris on my property. All the debris looks like car odds and ends. Mr. Shaw: I do not know how that trash got there. I know I did not put it there. I have a trash removal service. There was no one else 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. Scruggs and unanimously adopted it was #11-228-74 RESOLVED that, pursuant to a public hearing having been held on November 26, 1974 on Petition 74-10-2-17 by F. R. Mayer requesting a waiver of use approval to convert one bay of a self-service IL , auto wash located on the north side of Schoolcraft Road between Eckles and Newburgh Roads in the Southwest 1/4 of Section 19, to an auto repair area, the City Planning Commission does hereby determine to table this item until such time as adequate plans are received in the Planning office. The Chairman declared the motion carried and the foregoing resolution adopted. * * * * * * * * * * * * * * * * * * * The Chairman declared a ten minute recess at this time. The meeting was resumed with the same commissioners present as were present for the original roll call. Mr. Falk announced the next item on the agenda, Petition 74-8-2-12 by Jack Bingham requesting a waiver of use approval to locate an auto wash within an existing building located on the south side of Five Mile Road, east of Levan Road in the Northeast 1/4 of Section 20. Mr. Andrew: I believe there is stacking room for 25 or 26 cars. Mr. Ponder: Yes, that is right. We submitted new plans and we think we have corrected the situation.- We have more property that we will use if we need it. Mr. Andrew: You will have to restripe the lot. Mr. Armour: Yes, that is right. 5685 Mr. Andrew: Is it your intention to apply for a rezoning? ij 3 Mr. Ponder: Immediately, we have 150 ft. more if there is a deficiency. 4 Mr. Hand: I am opposed to a car wash in this area because of St. Mary Hospital emergency vehicles going past that location. In the interest of that area we must think in terms of medical facilities or professional occupancies, and not a car wash. Mr. Andrew: I think stacking outside of station on Levan Road 'would be a detriment but his stacking is contained and I don't think there is a problem. Mr. Hand: What about where the cars exit? Mr. Armour: The people at St. Mary are very much in favor of this center. Mr. Falk: We voted against a restaurant in this area because of traffic. I cannot see how this will not generate more traffic than a restaurant. How many vehicles are needed to make this feasibly economical. Mr. Andrew: 3,000 per month. Mr. Ponder: We have changed the plan. We are going to open the entire back end. You can stack 100 card, if need be. We will take care of any traffic going in there. There is a need for this. Mrs. Taylor: I find this site plan much more palatible than the first one. I see no possibility where to stack on Levan. This has quieted my fears- somewhat. Mr. Bingham mentioned that he would be willing to put the fact that a one year trial . basis would be put in writing. Is he still willing to put the fact that a one year trial basis would be put in writing. Is he still willing to do this? . Mr. Ponder: Yes, we will go ahead with this in writing. Mr. Talbot: I am opposed to the original plan very definitely. I have not had a chance to look at the new plan. The traffic bothers me. The new plan may have some merit. 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. Hand and seconded by Mr. Scruggs, it was RESOLVED that, pursuant to a public hearing having been held on October 22, 1974 on Petition 74-8-2-12 by Jack Bingham requesting a waiver of use approval to locate an auto wash within an existing building located on the south side of Five Mile Road, east of Levan Road in the Nrotheast 1/4 of Section 20, the City Planning Commission does hereby recommend to the City Council that Petition 1E 74-8-2-12 be denied for the following reasons: (1) The proposed use does not comply with Zoning Ordinance #543, Section 19.06 General Waiver Requirements. 5686 (2) The proposed use is not of sufficient size, location, and IE character so as to be in harmony with the appropiate and orderly development of the surrounding neighborhood. (3) The location and size of the proposed use and the nature and intensity of the use and its accessory driveways and traffic flow is such that it will be hazardous to the area and to the traffic flow on the site as well as hazardous to the traffic flow that occurs along both Five Mile and Levan Roads. (4) The Traffic Bureau of the Police Department indicates in its recommendation that the proposed traffic flow would adversely affect the surrounding uses of the area. 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 resulted in the following: AYES: Falk, Scruggs, Hand NAYS: Friedrichs, Talbot, Taylor, Kluver, Andrew ABSENT: Pinto The Chairman declared the motion failed for lack of support. L On a motion duly made by Mr. Talbot and seconded by Mrs. Friedrichs it was RESOLVED that, pursuant to a public hearing having been hdd on October 22, 1974 on Petition 74-8-2-12 by Jack Bingham requesting • a waiver of use approval to locate an auto wash within an existing building located on the south side of Five Mile Road, east of Levan Road in the Northeast 1/4 of Section 20, the City Planning Commission does hereby determine to table this item to the study meeting of December 17, 1974. A roll call vote resulted in the following: AYES: Friedrichs, Scruggs, Talbot, Andrew NAYS: Falk, Taylor, Hand, Kluver ABSENT: Pinto • The Chairman declared the motion failed for lack of support. On a motion duly made by Mr. Kluver, and seconded by Mr. Scruggs it was, #11-229-74 RESOLVED that, pursuant to a public hearing having been held on October 22, 1974 on Petition 74- -2-12 by Jack Bingham requesting a waiver of use approval to locate an auto wash within an existing building located on the south side of Five Mile Road, east of Levan 1E Road in the Northeast 1/4 of Section 20, the City Planning Commission does hereby recommend to the City Council,that Petition 74-8-2-12 be approved for a one year trial period and that the Commission reserves the right to review the petition one year from this date, for the following reason: • 5687 1[: (1) The petition meets the minimum standards of Zoning Ordinance #543, Section 11.03, subparagraph (d) . FURTHER RESOLVED that, notice of 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 resulted in the following: AYES: Falk, Friedrichs, Scruggs, Taylor, Kluver, Andrew NAYS: Talbot, Hand ABSENT: Pinto The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-9-2-13 by Helen M. Kavanaugh requesting to be granted a waiver of use approval to locate a real estate sales office within an existing building located on the east side of Farmington Road between Curtis and Pickford in the Northwest 1/4 of Section 10. On a motion duly made by Mr. Hand seconded by Mr. Scruggs and unanimously adopted, it was #11-230-74 RESOLVED that, pursuant to a public hearing having been held on October 22, 1974 on Petition 74-9-2-13 by Helen M. Kavanaugh requesting to be granted a waiver of use approval to locate a • real estate office within an existing building located on the i • east side of Farmington Road between Curtis and Pickford in the Northwest 1/4 of Section 10, the City Planning Commission does hereby recommend to the City Council that Petition 74-9-2-13 be approved subject to the following conditions: (1) That Landscape Plan prepared by Green Ridge Nurseries, shall be adhered to. (2) That all landscaping as shown on the approved plan shall be installed within thirty days from the date of this approval if possible. If not that an extension to April 15, 1975 be given at which time it shall be accomplished. • for the following reasons: (1) It complies with Zoning Ordinance #543, as amended, Section 9.03 Waiver Uses. (2) The proposed area under petition has the capacity to support both the existing uses as well as the additional use of the real estate office as there is sufficient area for offstreet parking purposes to satisfy this new use. 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. 5688 The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-9-1-28 by Charles S. Sizemore for Trinity Baptist Church to rezone property located north of Six Mile Road, east of Haggerty Road in the Southwest '� 1/4 of Section 7, from R-5 to P.S. and R-9-III. On a motion duly made by Mr. Hand seconded by Mrs. Taylor and unanimously adopted it was, #11-231-74 RESOLVED that, pursuant to a public hearing having been held on October 22, 1974 on Petition 74-9-1-28 by Charles S. Sizemore for Trinity Baptist Church to rezone property located north of Six Mile Road, east of Haggerty Road in the Southwest 1/4 of Section 7, from R-5 to P.S. and R-9-III, the City Planning Commission does hereby recommend to the City Council that Petition 74-9-1-28 be approved for the following reasons: (1) The proposed change in zonings will provide for uses that are compatible to the surrounding uses of the area. (2) The proposed change of zonings will provide for uses that are complementary to the programs of adult education as offered by the geriatrics program of Schoolcraft Community College. • (3) The proposed change of zonings are supported by Schoolcraft Community College as set forth in their letter dated October 15, 1974. • (4) The proposed change of zonings are consistent with the pre- j liminary land use recommendations as set forth in the 1985 Land Use Plan. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper the Livonia Observer, under date of October 3, 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-8-1-23 by Lewis and • Madeline Brooke requesting to rezone property located on the west side of Inkster Road, south of Five Mile Road in the Northeast 1/4 of Section 24, from RUF, R-3 and R-1 to R-7 and R-1. The Chairman passed the gavel to the Vice Chairman at this time. Mr. Rettenbach: Soil conditions have been tested and it is unbuildable. We have therefore taken this route and we want to rezone R-1 to R-7 for multiple housing. Mr. Kasmir: I am concerned about R-7 zoning that's requested. This ii; 14835 Arcola area on both sides of Inkster has one family homes. There are no apartments or multiples. I am objecting to the R-7 zoning. 5689 Mr. Martin: The R-7 is multi-family and the R-7 is proposed for Inkster which will be a five lane highway leading to the expressway. The multi-family is 8 units an acre which is less density than any other multi-family. 41 I Hugh Levell: I am opposed to the rezoning. 14295 Cavell Mr. Lynch: I am opposed to the rezoning. John Orel: Will this cost me more taxes. 14751 Cavell Mr. Kluver: No. Mrs. Lynch: We are all against it, why are we having all these problems. 27954 Lyndon Resident: I think this could be put to better use like a park or something. Mr. Benson: I have seen many cluster housing units in many areas and the only ones that look good are the ones attached to golf courses on 100 acres or more. Anything smaller than that looks like a bunch of tacky houses. Resident: I am against the rezoning. 27942 Lyndon IE: 4 Harry Cunningham: I am opposed to the rezoning. John Urban: I am opposed to the rezoning. Ed Virkip: I am opposed to the rezoning. 14871 Lyndon Mrs. Rodeola: Who owns the open area behind these houses. • 28300 Oakley Mr. Rittenbach: A homeowner group.is usually undertaken to take care of the area or it is deeded to the City. Mr. Scruggs: Would Mr. Brooks consider just R-1 and No R-7? . Mr. Rittenbach: We wonder with the widening of Inkster whether this would be feasible. Secondly, the major amount of the former Lake Como fronting on Inkster makes it less desirable for R-1. There was no one else wishing to be heard and the Vice Chairman closed the public hearing at this time. On a motion duly made by Mr. Hand and seconded by Mrs. Taylor it was, *11-232-74 RESOLVED that, pursuant to a public hearing having been held on + September 17, 1974 on Petition 74-8-1-23 by Lewis and Madeline Brooke requesting to rezone property located on the west side of Inkster Road, south of Five Mile Road in the Northeast 1/4 of Section 24, from RUF, R-3 and R-1 to R-7 and R-1, the City Planning Commission does hereby determine to table this item to the study meeting of January 21, 1975. 5690 A roll call vote resulted in the following: AYES: Friedrichs, Scruggs, Talbot, Taylor, Hand, Falk 4!!: NAYS: Kluver ABSTAIN: Andrew ABSENT: Pinto The Vice Chairman declared the motion carried and the foregoing resolution adopted. The Vice Chairman returned the gavel to the Chairman at this time. Mr. Falk announced the next item on the agenda, Petition 74-7-1-20 by Lidia Veri requesting to rezone property located on the south side of Five Mile Road between Santa Anita and Cavell in the Northeast 1/4 of Section 24, from RUF to R-7. On a motion duly made by Mr. Hand:seconded by Mr. Falk and unanimously adopted it was. #11-233-74 RESOLVED that, pursuant to a Public Hearing having been held on September 17, 1974 on Petition 74-7-1-20 by Lidia Veri requesting to rezone property located on the south side of Five Mile Road between Santa Anita and Cavell in the Northeast 1/4 of Section 24 from RUF to R-7, the City Planning Commission does hereby recommend to the City Council that Petition 74-7-1-20 be denied for the following reasons: (1) The proposed change of zoning to multi-family will provide 1!: for an increase in site density that would be unrelated to and • incompatible with the surrounding uses and density of the area. J (2) The proposed change of zoning providing for an increase in density of use would put an increased traffic burden on Santa Anita which is unimproved and incapable of handling the added traffic volume. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of August 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-8-1-26 by the City Planning Commission on its own motion to rezone property located at the southeast corner of Clarita and Middlebelt Road in the Northwest 1/4 of Section 12, from C-1 to P.S. On a motion duly made by Mrs. Taylor and seconded by Mr. Scruggs, 'it was 5691 #11-234-74 RESOLVED that, pursuant to a public hearing having been held on September 17, 1974 on Petition 74-8-1-26 by the City Planning Commission on its own motion to rezone property located at the southeast corner of Clarita and Middlebelt Road in the North- west 1/4 of Section 12, from C-1 to P.S. the City Planning Commission does hereby determine to table this item to the December 10, 1974 meeting. A roll call vote resulted in the following: AYES: Friedrichs, Scruggs, Talbot, Taylor, Andrew NAYS: Kluver, Hand, Falk ABSENT: Pinto The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Request dated October 25, 1974 from A. W. Miller requesting a 60 day extension of preliminary plat approval for Currie Court Industrial Subdivision proposed to be located on the northeast corner of Newburgh and Armhein Roads in the Northwest 1/4 of Section 29. On a motion duly made by Mr. Kluver, seconded by Mr. Talbot and unanimously adopted it was #11-235-74 RESOLVED that, pursuant to the request of October 25, 1974 from A.W.Miller requesting a 60 day extension of preliminary plat approval for Currie Court Industrial Subdivision proposed to be located on . the Northeast corner of Newburgh and Amrhein Roads in the Northwest • 1/4 of Section 29, the City Planning Commission does hereby grant an extension of sixty days for the preliminary plat approval of Currie Court Industrial Subdivision. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, withdrawal of Petition 73-5-1-20 by Richard Frey, Trerice Development and Management Company, requesting to rezone property located on the southeast corner of Eight Mile Road and Mayfield in the Northwest 1/4 of Section 3, from R-3 to M-1. On a motion duly made by Mr. Scruggs seconded by Mr. Kluver and unanimously adopted it was . #11-236-74 RESOLVED that, pursuant to a request by Richard W. Frey, Trerice Development and Management Company, the City Planning Commission does hereby-approve the withdrawal of Petition 73-5-1-20. 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 284th Regular Meeting and Public Hearing held by the City Planning Commission on October 22, 1974. • On a motion duly made by Mr. Kluver, seconded by Mr. Falk and unanimously adopted I it was 5692 #11-237-74 RESOLVED that, the minutes of the 284th Regular Meeting and " Public Hearing held by the City Planning Commission on October 22, 1974 are hereby approved. 4 40 The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda revised Landscape Plan submitted in connection with a condition of approval of Petition 72-5-2-10 by St. Mary's Orthodox Church requesting to be granted a waiver of use approval to erect a church on property located on the east side of Merriman Road between Six and Seven Mile Roads in the Southwest 1/4 of Section 11. On a motion duly made by Mr. Kluver and seconded by Mr. Falk and unanimously adopted it was #11-238-74 RESOLVED that, the City Planning Commission does hereby approve the Landscape Plan dated November 14, 1974 submitted by St. Mary's Orthodox Church in connection with a condition of approval of • - Petition 72-5-2-10 by St. Mary's Orthodox Church requesting to be • granted a waiver use approval to erect a church on property located on the east side of Merriman Road between Six and Seven Mile Raids in the Southwest 1/4 of .Section 11, subject to the following conditions: (1) That the Landscape Plan prepared by L. J. Nelsen, Architect, dated November 14, 1974, which is hereby approved, shall be adhered to. (2) That the sizes of the plant materials used between the front of the Church and the front property line shall be as follows: All evergreen trees 6' high minimum. All flowering 'trees 6' - 8' high minimum. -(3) That all landscaping shall be installed on the site before issuance of a Certificate of Occupancy. (4) That all landscaping installed on the site shall be permanently maintained in a healthy condition. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Landscape Plan submitted in connection with a condition of approval of Petition 74-7-8-26.by Louis G. Redstone Associates, Inc., requesting approval of all plans required by Section 26.02 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #613 in connection with a proposal to build an office building on property located on the south side of Eight Mile Road between Brentwood and Angling in Section 1. • On a motion duly made by Mr. Kluver, seconded by Mr. Scruggs and unanimously adopted it was IL #11-239-74 RESOLVED that, the City Planning Commission does hereby approve the landscape plan submitted in connection with a condition of approval of Petition 74-7-8-26 by Louis G. Redstone Associates, Inc., requesting approval of all plans required by Section 26.02 5693 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #613, submitted in connection with a proposal to construct an office building on property located on the south side of Eight Mile Road between Brentwood and Angling in Section 1, subject to the following conditions: (1) That Landscape Plan #2104, Sheet L-1, dated October 30, 1974, prepared by Louis G. Redstone Associates, which is hereby approved, shall be adhered to. (2) That all landscaping as shown on the approved landscaped plan shall be installed on the site before the issuance of a Certificate of Occupancy. (3) That all plant materials installed on the site shall be permanently maintained in a healthy condition. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-11-8-46 by Fabri Centers of America requesting approval of all plans required by Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, submitted in connection with a proposal to erect a new lighted sign on an existing building located on the north side of Seven Mile Road between Middlebelt and Merriman Roads in Section 2. On a motion duly made by Mr. Kluver, seconded by Mr. Scruggs and unanimously adopted it was i j #11-240-74 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, the City Planning Commission does hereby recommend to the City Council that Petition 74-11-8-46 by Fabri Centers of America requesting approval of all plans required by Section 18.47 sub- mitted in connection with a proposal to erect a new lighted sign on an existing building located on the north side of Seven Mile Road between Middlebelt and Merriman Roads in Section 2, be approved subject to the following condition: (1) That Sign Plan for Jo-Ann Fabrics, dated October 22, 1974 prepared by Colite Industries, Inc., which is hereby approved, shall be adhered to. Pursuant to Section 19.10 of Ordinance #543, this conditional use approval is valid for a period of one year only from the date of ,approval and unless a sign permit is obtained and erection commenced within that period, or an extension of time obtained, this approval shall be null and void at the expiration of said period. The Chairman declared the motion carried and the foregoing resolution adopted. 5694 On a motion duly made, seconded and unanimously adopted, the 286th Regular Meeting and Public Hearing held by the City Planning Commission on November 26, 1974 0: was adjourned at 12:00 midnight. ItCITY PLANNING COMMISSION i ' A. / �tilligli L • J•seph J. Fa , .e - -ry ATTEST: C. . -14//", Daniel R. Andrew, Chairman a lik; , • MINUTES OF THE 287th REGULAR MEETING AND PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA 4 On Tuesday, December 10, 1974, the City Planning Commission of the City of Livonia, held its 287th Regular Meeting and Public Hearings at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. • Members present: Daniel R. Andrew Joseph J. Talbot Charles Pinto Francis M. Hand Suzanne Taylor Joseph J. Falk Herman H. Kluver William Scruggs Esther Friedrichs , Messrs. John J. Nagy, Planning Director; 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 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 had ten days in which to appeal the decision to the Council, and if such petition was not appealed in that time then the petition is considered "terminated". Mr. Falk announced the first item on the agenda, Petition 74-11-1-35 by Brashear, Brashear & Duggan for Michigan National Bank-West Metro, to rezone property located at the southwest corner of Puritan Avenue and Middlebelt Road in the Southeast 1/4 of Section 14, from RUF to C-1. Mr. Nagy: • There is a letter on file from the Division of Engineering which indicates there appears to be no engineering problems. Gerald M. Conley: We are purchasing the property from Buress and Buress and Attorney from the Dr. Moran. We want to place a branch bank on the premises. firm of Brashear, While there is RUF and residential in this area there is Brashear & Duggan also Kramer Carpets, Elaine Powers, Beauty Shop, Hearthside Furniture, Hammell Music, is on the east side of the street. These businesses are in the area of commercial zoning. The nearest bank is Seven Mile and Middlebelt. It is impossible to get into that bank because of Mall traffic. The two residences are now vacant. They are under citation because of defective septic field. This house does not fit here. We went to this area for a bank because there is a light at this corner. We have people in the area that will use the bank. There is an 8 to 10 foot bank behind that area that will provide a natural separation between the bank and the residential. We need that particular corner to cut down on the traffic. , 5696 Wm. Lindhout: When the bank contacted me in regard to obtaining this site for a bank we recommended that there be no exit onto Middlebelt Road. We feel there is a generous area with which we can work with in order to accommodate shrubbery and greenbelt. The parking would be concealed with shrubbery. With banking hours from 9:30 a.m. to 4:30 p.m. this should not be in serious conflict with subdivision traffic. Andrew Brodhun: One to one and half mile radius is what we consider the general area. Using that radius we find 121 businesses that could use this service. Mr. Andrew: When did you file with the Comptroller of Currency? Mr. Brodhun: May, 1974. Mr. Andrew: The advertising takes place in the newspaper? Mr. Brodhun: Yes, we have fifteen days in which to advertise. Mr. Andrew: I see two "For Sale" signs in this immediate area which leads me to believe that the 200 feet we are speaking of tonight has two signs on it or the people that are the property owners also own the parcel to the south. Mr. Conley: It is our understanding that the lot to the south is owned by Buress or Dr. Moran. Mr. Andrew: The house could tap into a sanitary sewer if need be. Is that your understanding. Mr. Conley: Dr. Moran owns that home and he understands that to be correct. Mr. Andrew: Is the purchase agreement subject to rezoning before it is effective? Mr. Conley: That is right. Mr. Falk: When you mention the bank closing time, I do not know of any bank that closes that early anymore. Mr. Brodhun: That has not bet decided. Normal banking hours are 9:30 to 4:30, 6 days a week. Mr. FaIk: I do not think this is the right place for a bank. I would like to see condominiums there. Mrs. Taylor: Is there a reason you petitioned for commercial instead of P.S. Mr. Conley: If we go for P.S. we cannot park here. We have no objection to that if you feel that is what you want we will do that. Mr. Andrew: As Counsel for the petitioner, you would not object to a P.S. Zoning District? 5697 Mr. Conley: That is right. Mrs. Friedrichs: I think this bank would be acceptable for this corner. Other than multiple dwelling I do not know what would be better in this area. 1[40 Mr. Andrew: What about the improvement of Puritan? Mr. Lindhout: I think it is blacktop. Mr. Andrew: I believe this is a school bus route. How would you feel about no left turns. Mr. Lindhout: What about the residents that live down that street? We could live with the no left turn. Mr. Brodhun: We hope that this bank would lighten the traffic at the Seven Mile Road location. Mr. Hand: This community is going to find it self in some difficulty if . this City continues to foster so much commercial. At some point you have to take some stand as to how mile roads are, going to develop. There should be no more commercial on Middlebelt between Five and Six. I am concerned about what will happen in five years from now. I disagree with your stand that there will be no further traffic on Puritan. I feel it will generate more traffic. IL Mrs. Taylor: Is there any report from the Police Department? • Mr. Nagy: No. are Mr. Pinto: There/140 businesses within a distance of 1/2 mile north and 1/2 mile south in this area. Is that correct? Mr. Brodhun: Yes, that is right. • Mr. Pinto: How did you happen to pick this spot? Mr. Brodhun: We would not want to locate in a cornfield, there would be no business. We try to strike the happy medium. 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. Hand and seconded by Mr. Pinto, it was #12-241-74 RESOLVED that, pursuant to a public hearing having been held on December 10, 1974 on Petition 74-11-1-35 by Brashear, Brashear and Duggan for Michigan National Bank-West Metro to rezone property located at the southwest corner of Puritan Avenue and Middlebelt Road in the Southeast 1/4 of Section 14, from RUF to C-1, the City Planning Commission does hereby determine to table this item until first study meeting in February, 1975. A roll call vote resulted in the following: AYES: Friedrichs, Pinto, Taylor, Hand, Andrew, Falk, Kluver NAYS: Scruggs, Talbot • 5698 The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-10-3-12 by the Livonia Public Schools to vacate a ten-foot wide surface drainage easement located on the east side of Floral Avenue, south of Curtis Avenue in the Southeast 1/4 of Section 12. Mr. Nagy: The Engineering Department reports that a swale should be created with regards to this 10 foot wide easement. Arley Fairman: Representative of the Board of Education was present. 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. Kluver, seconded by Mr. Scruggs and unanimously adopted, it was #12-242-74 RESOLVED that, pursuant to a public hearing having been held on - December 10, 1974 on Petition 74-10-3-12 as submitted by the Livonia Public Schools to vacate a ten-foot wide surface drainage easement located on the east side of Floral Avenue, south of Curtis Avenue in the Southeast 1/4 of Section 12, the City Planning Commission does hereby recommend to the City Council that Petition 74-10-3-12 be approved for the following reasons: (1) The subject easement is not needed as the surface drainage can be effectively controlled by the drainage easement existing along the north property line. (2) The Engineering Division of the City of Livonia indicate. • in their letter dated November 14, 1974 that as a condition of granting the vacating petition the petitioner be required to construct a surface drainage swale along the north property line within the established easement area leading to Floral Avenue. FURTHER RESOLVED, that notice of the abode public hearing was published in the official newspaper the Observer-Eccentric under date of November 21, 1974 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. Falk announced the next item on the agenda, Petition 74-10-3-11 by the City Planning Commission pursuant to Council Resolution #805-74 to vacate a twenty-foot wide alley located west of Farmington Road, south of Pickford Avenue in the Northeast 1/4 of Section 9. Keith Mino: I own the property and I do not object. 18530 Irving Mrs. Williams: I have no objection to the petition. 18358 Filmore • mom... 5699 • There was no one else present wishing to be heard and the Chairman closed the IE public hearing on this item. On a motion duly made by Mr. Scruggs, seconded by Mrs. Friedrichs and unanimously adopted, it was #12-243-74 RESOLVED that, pursuant to a public hearing having been held on December 10, 1974 on Petition 74-10-3-11 by the City Planning Commission pursuant to •Council Resolution #805-74 to vacate a twenty-foot wide alley located west of Farmington Road, .south of Pickford Avenue in the Northeast 1/4 of Section 9, the City Planning Commission does hereby recommend to the City Council that Petition 74-10-3-11 be approved subject to the utility easement over the subject area, for the following reasons: (1) There is no need to maintain and improve the public alley within this residential subdivision as alleys are no longer necessary for service in modern residential subdivisions. (2) The Engineering Division has no objection to the vacating as there are no City maintained utilities within the platted alley. (3) The former right-of-way of this alley can more practically be utilized as part of the abutting residential development than being maintained by the City of Livonia. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Observer-Eccentric under date of November 21, 1974 and 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. Falk announced the next item on the agenda, Petition 74-9-2-15 by Jeffrey Lauren Land Company requesting a waiver of use approval to construct a four theatre complex on property located north of Plymouth Road east of Farmington Road in the Southwest 1/4 of Section 27. Mr. Nagy read the recommendations by the Fire and Police Departments. The Police Department recommends a new driveway to alleviate traffic situation. Louis George: The theater would be designed and built along the lines of the Mai Kai. It would be a first class theater. • There was no one else present wishing to be heard and the Chairman closed the public hearing on this item. 104 On a motion-duly made by Mr. Kluver, seconded by Mrs. Taylor and unanimously adopted I it was i 5700 #12-244-74 RESOLVED that, pursuant to a public hearing having been held on December 10, 1974 on Petition 74-9-2-15 on December 10, 1974 by Jeffrey Lauren Land Company requesting a waiver of use approval to construct a four theatre complex on property located north of Plymouth Road, east of Farmington Road, in the Southwest 1/4 of Section 27, the City Planning Commission does hereby recommend to the City Council that Petition 74-9-2-15 be approved for the following reasons: (1) The site area under petition has the capacity to fully support the existing and planned expansion of use. (2) The proposal fully complies with Zoning Ordinance #543, Section 11.03, Waiver Use, Subparagraph (q) theatres, enclosed. 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Valk announced the next item on the agenda, Petition 74-10-2-19 by Zervos Associates requesting a waiver of use approval to fill in a portion of a flood plain area located at the southwest corner of Munger and Middlebelt in the Northeast 1/4 of Section 14. Mr. Nagy reported that the Engineering Division does not have a favorable report. 11 Many obstructions were cited. John Madeas: We would ask that you table this petition until the City Council for Engineer has an opportunity to see our revised plans. Petitioner Mr. Andrew: Do you have a plan more recent than the September 12, 1974 one we have filed in the office? Mr. Madeas: Yes, we do have a more recent plan. Victor Gearhart: I own the house next to this property. Zervos Construction has not followed one recommendation made by the Zoning Board of Appeals. It is my opinion that you should not even consider this change because they have not complied with anything the • Zoning Board asked. The building is not set back far enough. They built the building 190 ft. long instead of 110 ft. which was necessary so they would not enter Flood Plain. There is no wall there. We have an alley there now. When it rains the flood water backs up into my backyard. Mr. Andrew: There is a conflict between Zoning Board of Appeals, Engineering Division and Fire and Police Departments, is that right? Mr. Nagy:li, Only in terms of trying to coordinante all of the requirements from the various departments, boards and commissions. 5701 Joe Taylor: He came to us first to move building back because he did not Zoning Board want to create an alley. We heard the case first and then i: of Appeals you heard it and upon site plan approval you made some recommendations. Mr. Sonek: My property backs up to Bell Creek. After I was found guilty for filling the flood plain in, I took the dirt from the flood plain area and dug a ditch so it would drain away from my property. I brought the dirt up and - banked it and now according to the City Inspection Department they claim I filled the flood plain. I was fined $100 and will be put in jail for 90 days. I only -have a 30 foot backyard and the City took my additional 300 feet of property and made it a flood plain. You gave other people permission to construct building but filling the flood plain in my case I could not fill the flood plain. This Commission only takes action when the Engineering Department grants permission. Mr. Nagy: The Engineering Division recommendations are important to us. They guide our actions but do not control our • actions. 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. Kluver seconded by Mr. Falk and unanimously adopted, it was 4 #12-245-74 RESOLVED that, pursuant to a public hearing having been held on I December 10, 1974 on Petition 74-10-2-19 as submitted by Zervos Associates requesting a waiver of use approval to fill in a portion of a flood plain area located at the southwest corner of 'Munger, and Middlebelt in the Northeast 1/4 of Section 14, the City Planning Commission does hereby determine to table this item until the Study Meeting of January 7, 1975. The Chairman declared the motion carried and the foregoing resolution adopted. The Chairman declared a ten minute recess at this time. The meeting was resumed with the Commissioners present as were present for the original roll call. Mr. Falk announced the next item on the agenda, Petition 74-7-1-21 by Greenfield Construction Company to rezone property located on the west side of Newburgh Road, on the north and south side of Six Mile Road in the Southeast 1/4 of Section 7 and the Northeast 1/4 of Section 18, to various residential, commercial and professional service categories for proposed development. Mr. Talbot: The Ordinance states that no multiple shall be built within tJ1,000 feet of residential. Mr. Andrew: That was set aside, by the Supreme Court of the State of Michigan. Mr. Feinberg: I concur with the Chairman. Mr. Andrew: You are willing to set aside an additional 258 feet of your property for R-3 cluster zoning. 5/ul Ray Martin: That is right. Mr. Andrew The petitioner is to amend his petition to read R-7 except for the south 258.15 feet to read R-3 in the southerly section. Mr. Scruggs: I think generally speaking this is an excellent development. I think it is a good use. It is reasonable and practicable I think there has been a spirit of cooperation between people and the developers. Mrs. Friedrichs: I concur with Mr. Scruggs statement. Mr. Falk: If Jacobson's does not go in I am going to be ill. Mr. Kluver: I am well pleased with the developer's approach to the development of this particular area. I am very much impresssed by the input of out citizens and their interest. • Mrs. Taylor: I concur with the remarks previously made. Mr. Pinto: With respect to R-3 and R-9 III where the developer has in mind the six to nine stories presently, I would hope that between now and the time this matter appears before City Council the petitioner would be in a position to arrive at a definite conclusion to the height in this particular area. IIMr. Hand:I I have previously stated my position on this matter. 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 #12-246-74 RESOLVED that, pursuant to a Public Hearing having been held on November 12, 1974 on Petition 74-7-1-21 as submitted by Greenfield Construction Company requesting to rezone property located on the west side of Newburgh Road on the north and south sides of Six Mile Road in the Southeast 1/4 of Section 7 and the Northeast 1/4 of Section 18, in the manner as set out below: Parcel A - from R5-C and RE to R-7; Parcel B - from R5-C, RE and PO to R8-III; Parcel C - from RE to R9-111; Parcel D - from RE, PO and C-4 to PO-II; Parcel E - from RE and C-4 to C4-II; Parcel F - from R5-C, C-4 and PO to C-2 (excepting that portion already zoned C-2) ; Parcel G - from C-4 to C4-I; Parcel H - from C-4 to P.S. (excepting that portion 1[a already zoned P.S.) ; Parcel I - from C-4 and R3-B to R-7; and Parcel J - from C-4 and R3-B to R8-I, 4 for the purpose of allowing development of subject property for various residential, commercial and professional service uses, the City Planning Commission does hereby recommend to the City Council that Petition 74-7-1-21 be approved as amended to delete the south 258.15' of Parcel I which is to remain in the R-3 zoning classification, for the following reasons: (1) There has been changed and changing conditions in the area and in the City in general to warrant reconsideration of the zoning adjustments. (2) The Zoning Ordinance has been amended wherein substantial improvements have been made to provide for more effective control of development not previously provided in the Ordinance at the time of the original zoning in 1970. (3) The property is bounded by a major thoroughfare on the east, Newburgh Road, and an Interstate Freeway on the west, and split by a County primary road. The thoroughfare plans and programs along with major right-of-way dedications will provide for more than adequate capacity to service both the development and other anticipated traffic needs. (4) The increase in tax base as a result of the implementation of the proposed development as permitted by the changes in zoning will inure to the overall benefit of the City of Livonia. The foregoing will also be a substantial expansion 4 to the employment base for the community. (5) The physical features of the plans and related adjustments in zoning have been so structured so as to reduce the impact of the proposed development on adjacent and surrounding areas. (6) The density arrangements are such that the higher densities are internal to the site and the lower densities are adjacent to abutting or nearby development. (7) The proposed plan conforms to the City rules, regulations and Planning objectives by providing for sufficient right-of-way dedication and boulevarding of Six Mile Road and by contribut- ing to such physical amenities as represented by the dedication of the two open space corners to the City and as illustrated by the beautification easements with raised earth berms along the • Six Mile Road and Newburgh Road thoroughfares. • (8) The proposed development will not impinge on the existing com- mercial market base of the community due to the pronounced difference of market characteristics and function of the proposed development. (9) The proposed development should not burden the City's existing facilities since substantial maintenance and 10 security will be provided by the development itself. 4 (10) All other existing urban services are available or will be available to service the site such as storm sewers, sanitary sewers and water mains. 5704 FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Observer & Eccentric under date of October 24, 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the• next item on the agenda, Petition 74-8-1-26 by the City Planning Commission on its own motion to rezone property located at the southeast corner of Clarita and Middlebelt Road in the Northwest 1/4 of Section 12, from C-1 to P.S. On a motion duly made by Mr. Kluver, seconded by Mr. Talbot and unanimously adopted, it was _ RESOLVED that, Petition 74-8-1-26 be removed from the table. The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Hand and seconded by Mr. Talbot it was, #12-247-74 RESOLVED that, pursuant to a public hearing having been held on September 17, 1974 on Petition 74-8-1-26 by the City Planning Commission on its own motion to rezone property located at the southeast corner of Clarita and Middlebelt Road in the Northwest 1/4 of Section 12, from C-1 to P.S. the City Planning Commission does hereby recommend to the• City Council that Petition 74-8-1-26 be approved for the following reasons: (1) The proposed change of zoning to the more restrictive classification of P.S. is consistent with the Livonia Mall Master Land Use Plan. • (2) The proposed change of zoning to the P.S. classification is to provide uses that will more appropriately buffer and insulate the adjacent residential area from the adverse affects that are associated with commercial development and the heavily travelled thoroughfare of Middlebelt Road. (3) The proposed change of zoning to professional office use is to discourage the further expansion of commercial development in a piece-meal fashion along the mile road. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Observer-Eccentric, under date of August 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. 4 A roll call vote resulted in the following: AYES: Pinto, Andrew, Kluver, Falk, TAlbot, Taylor, Friedrichs, Hand ILO NAYS: Scruggs The Chairman declared the motion carried and the foregoing resolution adopted. li4 Mr. Falk announced the next item on the agenda, approval of the minutes of the 285th Regular Meeting and Public Hearing held by the City Planning Commission on November 12, 1974. i On a motion duly made by Mr. Kluver, seconded by Mr. Talbot and unanimously adopted it was #12-248-74 RESOLVED that, the minutes of the 285th Regular Meeting and Public Hearing held by the City Planning Commission on November 12, 1974 are hereby approved. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-11-8-44P by Sun Oil Company 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 build a self-service gasoline station and speculative commercial building on property located on the north side of Schoolcraft Road between Middlebelt and Beatrice in Section 23. • On a motion duly made by Mr. Kluver and seconded by Mr. Hand it was #12-249-74 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance as amended by Ordinance #988, the City Planning Commission does hereby determine to table Petition 74-11-8-44P by Sun Oil Company requesting approval of all 16110 plans required by Section 18.58 submitted in connection with 3 a proposal to build a self-service gasoline station and speculative commercial building on property located on the north side of Schoolcraft between Middlebelt and Beatrice -in Section 23, until the Study Meeting of January 7, 1975. A roll call vote resulted in the following: AYES: Kluver, Hand, Andrew, Falk, Talbot, Friedrichs, Scruggs NAYS: Pinto, Taylor The Chairman declared the motioncarried and the foregoing resolution adopted. Mr. Falk announced the next item on..the agenda, Sign Design Plan submitted in connection with a condition of approval of Petition 74-1-8-5P by J. D. Dinan, Diversified Investment Company, 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, in connection with a proposal to construct a bank and commercial shopping mall on the west side of Merriman Road between Seven Mile Road and Gable Avenue in Section 3. On a motion duly made by Mr. Kluver, seconded by Mr. Falk and unanimously adopted, it was IL #12-250-74 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, as amended, by Ordinance #988, the City Planning Commission does hereby determine to table Petition 74-1-8-5 by J.D.Dinan, • 5706 Diversified Investment Company, requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to construct a bank and commercial shopping mall on the west side of Merriman Road between Seven Mile and Gable Avenue in Section 3, until the study meeting of January 7, 1975. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-8-8-31P by William and Dewilda Harris for Mohawk Lumber & Hardware Company 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 repair and remodel commercial retail store located on the north side of Plymouth Road between Farmington and Stark Roads in Section 28. On a motion duly made by Mr. Kluver, seconded by Mr. Scruggs and unanimously adopted, it was #12-251-74 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 74-8-8-31P by William and Dewilda Harris for Mohawk Lumber & Hardware Company requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to repair • and remodel retail store located on the north side of Plymouth Road between Farmington and Stark Roads in Section 28, subject to the following conditions: (1) That Site Plan #P-468, Sheet #1 dated September 10, 1974, prepared by Irving Lopatin and Associates, which is hereby approved, shall be ach Bred to. (2) That Building Elevations as shown on Plan #P-468, Sheets 1 and 2 prepared by Irving Lopatin & Associates, Architects which is hereby approved, shall be adhered to. (3) That the landscape plan designed by Wayne-Oakland Landscape Company, which is hereby approved, shall be adhered to. (4) The landscaping shall be installed before a Certificate of Occupancy is issued for use of the building. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-10-8-43P by 7-Eleven Food Stores 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 7-Eleven Food Store on property located on the east side of Middlebelt Road between Joy Road and Cathedral in Section 36. 9 5707 On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted, 11 a it was #12-252-74 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, as amended, by Ordinance #988, the City Planning Commission does hereby determine to table Petition 74-10-8-43P by 7-Eleven Food Stores, requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to construct a 7-Eleven Food Store on property located on the east side of Middlebelt Road between Joy Road and Cathedral in Section' 36. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 74-10-8-42P by 7-Eleven Food Stores 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 7-Eleven Food Store on property located on the north side of Seven Mile Road between Newburgh Road and Fitzgerald in Section 5. On a motion duly made by Mr. Scruggs, seconded by Mr. Talbot and adopted it was, #12-253-74 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia as amended by Ordinance 10{ #988, the City Planning Commission does hereby approve Petition 74-10-8-42P by 7-Eleven Food Stores requesting approval of all • plans required by Section 18.58 submitted in connection with a proposal to construct a 7-Eleven Food Store on property located on the north side of Seven Mile Road between Newburgh Road and Fitzgerald in Section 5, subject to the following conditions:. (1) That Site Plan #7422-F, Sheet #1 prepared by Tom W. Zoedes Associates which is hereby approved, shall be adhered to. (2) That Building Elevations as shown on Plan #73-F, Sheet A-2, prepared by Tom W. Zoedes Associates, which is hereby approved, shall be adhered to. (3) That a more detailed landscape plan be sumitted to the Planning Commission for approval within thirty days. �.- (4) That signs erected on the site shall conform to the requirements as set forth in Zoning Ordinance #543, pertaining to signs in commercial districts. (5) That there be cyclone fence surrounding dumpster and metal slat . inserts in the fencing material and that such fence be maintained in a satisfactory condition. 5708 A roll call vote on the foregoing resolution resulted in the following: 11 AYES: Friedrichs, Talbot, Scruggs, Taylor, Hand, Pinto, Falk, Andrew NAYS: Kluver 4 Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this conditionsl use approval is valid for a period of one year only from the date of approval and unless a building permit is obtained and construction begun within that period, or an extension of time obtained this approval shall be null and void at the expiration of said period. The Chairman declared the motion carried and the foregoing resolution adopted. #12-254-74 RESOLVED that, the City of Livonia Planning Commission hold election of Officers for the year beginning January 1, 1975. The Commission then proceeded to elect the following officers to the City of Livonia Planning Commission, to wit: Chairman, Vice-Chairman and Secretary. - Mr. Daniel R. Andrew was nominated by Mr. Talbot, supported by Mr. Falk. No other nominations being made a ballot was cast, Mr. Andrew was elected Chairman, and was duly declared elected to said office. Mr. Herman Kluver was nominated by Mrs. Taylor for the office of Vice-Chairman. Other nominations being Mr. Hand and Mr. Scruggs, both of whom declined. Mr. Talbot closed the nominations. Upon motion duly made, seconded and unanimously carried, Mr. Kluver was elected the Vice-Chairman. I • Mr. Joseph J. Falk was nominated by Mr. Scruggs for office of Secretary. No other nominations being made it was closed by Mr. Talbot. Upon motion duly made, seconded and carried Mr. Joseph Falk was elected Secretary, and was duly declared elected to said Office. On a motion duly made, seconded and unanimously adopted the 268th Regular Meeting of the City Planning Commission was adjourned at 12:00 midnight. CITY PLANNING COMMISSION .F, � ti , JCJseph J a2)f-----------r------rkkjk ecretary • ATTEST: le - /e<.'--...-.7 -'1-7-------- . Da el R. Andrew, Chairman