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HomeMy WebLinkAboutPLANNING MINUTES 1975-12-16 r MINUTES OF THE 307th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA tie On Tuesday, December 16, 1975 the City Planning Commission of the City of Livonia held its 307th Regular Meeting and Public Hearings in the Livonia City Hall, 33001 Five Mile 4111, Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Public Hearings and Regular Meeting to order at 8:00 P.M. , with approximately 70 interested persons in the audience. Members present: Daniel R. Andrew Francis M. Hand Herman H. Kluver Suzanne Wisler Joseph J. Falk William P. Scruggs Esther Friedrichs Judith Scurto Members absent: Charles Pinto (out of town on Company Business) 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 tonight's agenda involves a question of rezoning or vacating, this Commission only makes recommendations to the City Council. The Council holds a public hearing and ultimately decides the question. If an item involves a question of site plan approval or waiver of use and it is denied, the petitioner has ten days to appeal the case to the Council for relief; otherwise the petition is terminated. Mr. Joseph J. Falk, Secretary, announced the first item on the agenda is a Revised Site Plan submitted by First Federal Savings & Loan Association of Detroit in connection with Petition 74-3-2-6 by Frankel Associates requesting waiver use approval to locate savings and loan offices on the south side of Six Mile Road between Newburgh and Farmington Roads in Section 17. Patrick Duggan, Attorney representing the petitioner: This is a proposal for a First Federal Savings & Loan Bank for approval under the Vicinity Control Ordinance and modification of a waiver >>se. The use itself for the bank has previously been approved by the Commission and Council. The site plan is being modified and youhave the plans before you which show the unit, the development and ingress and egress. It is a 2500 square foot, one-story building. The parking requirements of the Ordinance have been more than met. We have attempted, in working with the Commission and Department, to meet all requirements and to develop in such a manner to be aesthetically pleasing and an asset to the City. I have the Architect and developer here to answer questions. Mr. Andrew: I would like first to ascertain whether or not the First Federal Savings & Loan Company or Mr. Frankel is in possession of a gas permit. Mr. Hideo Fujii: No,we are not. Rep. of Ralph Calder & Assoc. ti Mr. Andrew: Can you indicate to the Commission where the propane tank is located? Mr. Fujii: The 2,000 gallon tank is located on the south side of the building. It is 5�4y _ an an oil tank and is underground. Mr. Andrew: What will the exterior materials be? liMr. Fujii: Porcelain panels on all sides and we can show you a two inch.panel backed with dry wall. It is a fairly expensive construction Mr. Fujii showed a sample of the panel to the members of the Commission. Mr. Kluver: What is the disposition of the original site on the north side for which a site plan was previously approved? Mr. Duggan: No disposition. It is another matter pending before the Council not involved with First Federal Savings & Loan Association. There was no one else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 74-3-2-6 closed. On a motion duly made by Mrs. Friedrichs, seconded by Mr. Falk and unanimously adopted, it was #12-280-75 RESOLVED that, pursuant to a letter dated November 12, 1975 from Keith Milam, First Federal Savings & moan Association of Detroit, requesting approQ.al of a revision in a site plan previously approved by the Planning Commission by Resolution #4-93-74, adopted on April 30, 1974, and concurred in by the City Council by Resolution #557-74, adopted on July 10, 1974; and pursuant to a Public Rehearing having been held on December 16, 1975, the City Planning Commission, having reviewed Revised Site Plan #7517, does hereby determine to amend Resolution #4-93-74 and recommends to the City Council that Petition 74-3-2-6 by Frankel Associates requesting waiver n.se approval to locate savings and loan offices on the south side of Six Mile Road between Newburgh and Farmington Roads in Section 17, be approved based upon the revised Site Plan and subject to the following conditions: (1) that Site Plan #7517, revised date 12/8/75, prepared by Ralph Calder & Associates, Inc. , shall be adhered to; (2) that Building Elevation Plan #7517, dated 12/8/75, pre- pared by Ralph Calder & Associates, Inc., shall be adhered to; (3) that Landscape Plan #7517, dated 12/8/75, prepared by Ralph Calder & Associates, Inc. , shall be adhered to; and (4) that all landscape materials as shown on the approved Landscape Plan shall be installed on the site prior to issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition. FURTHER RESOLVED, 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. Mr. Kluver: The Landscape Plan submitted by the petitioner meets the approval of the # professional staff? Mr. John Nagy, Planning Director: Yes, it does. 5950 Mrs. Friedrichs: Considering the conditions of the weather, is it reasonable to expect that it will be possible to install the landscaping before the date of occupancy? Mr. Keith Milam, representing First Federal Savings & Loan Association of Detroit: It is possible if we are to get into construction this spring that 4110 we may be able to meet the occupancy deadline, however, should that extend for some reasons beyond our control and we may run into weather conditions where we could not comply, then we would have to delay installation of the landscaping until the following construction season. Mrs. Friedrichs: When do you expect to startconstruction? Mr. Milam: I think we would expect to begin construction by spring. If conditions warrant, we would then come back to the Commission for an extension? Mr. Andrew: Yes. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk, Secretary, announced the next item on the agenda is Petition 75-11-1-29 by Michigan Home for the Armenian Aged, Inc. , to rezone property located on the west side of Middlebelt Road, south of Wentworth in the Southeast 1/4 of Section 14, from RUF and P.S. to R-9-II. Mr. Roger Gardner, representing the Armenian Aged: We are here to rezone this 1 property from RUF to R-9-II. As everybody is aware, the P.S. parcel in front currently embodies the home for the aged as it now exists. The petitioner simply would like to have the property rezoned to extend their facility as a home for the aged. The architect is here to answer technical questions. The building in the back will be very similar in architecture to the one in the front. The City of Livonia does have a need for old age housing. The reason we are asking for this petition is to put an old age home on the property so Armenians and Livonia residents will have a place to stay when they really cant afford to stay in a house in town. Mr. Andrew: Thank you. I would like to remind the Commission that this is a question of the zoning as opposed to architecture, elevation and number of bedrooms. The only question here is that it can be six stories in height; it can be less but no more than six stories. Mr. Falk: I would like to ask the petitioner, are you adverse to going to a different classification than R-9-II7 Are you pliable enough to go to a four story if we can't agree on a six story in this zone? Would you be amenable to changing your petition? Mr. Gardner: I can't really say without speaking to the trustees. Mr. Falk: That's okay. I was just wondering if you had given it any thought as a result of discussion with the neighborhood residents or something. Mr. Raymond Reed: I would like to speak on behalf of the residents on Wentworth and 15556 Hidden Lane Hidden Lane. I have a petition that with the Commission's permission I would like to read and submit. Mr. Reed read the petition for the record "We, the undersigned, reside and own our homes in the .1 '.,i Southeast 1/4 of Section 14 and we unanimously object to the rezoning of the westerly portion of parcel 14Wla from rural urban farms to R-9-II (Housing for elderly - 6 stories) as set forth in the Petition 75-11-1-29 by the Michigan Home :For the Armenian Aged, Inc. We request the City of Livonia Planning Commission to disapprove the rezoning as we feel that the present RUF zoning conforms with the adjoining homes that we have erected 4110 in the area". Mr. Andrew: How many residents signed the petition? Mr. Reed: All residents on Hidden Lane and all on Wentworth. Forty-four in all. Mrs. Friedrichs: Would you indicate on the area shown where your homes are? Mr. Reed so indicated. Mr. Andrew: Mr. Nagy, is there still a house on Parcel Vlalal? Mr. Nagy: Yes, to the best of my knowledge. Mr. Andrew: Can you indicate whether or not the owner of the house located immediately north of the property under consideration signed the petition or did you contact him; An examination of the Proof of Service and petition showed that the owner of the house on Parcel Vlalal or Vlala2 did not sign the petition. n Mr. Floyd Hinton: I took a petition on Wentworth. I would like to say as this 29614 Wentworth gentleman says, that they have done a nice job on the front building. I am sure all the residents will agree to that. But, he says the building he is going to build will conform to that building. How can a six-story building conform to a one-story building: Mr. Andrew: I think he meant architecturally. Mr. Hinton: There is a considerable difference between a one and six-story building and I wouldn't want to get up in the morning and see this thing staring me in the face. If we open the door for this, what is to stop this church from selling this .property for an apartment which we fought a long time ago. This Church could sell for a profit -- am I right or wrc t, once this is high-rise? Nobody is adverse to making a profit butes is why we are against it. We have substantial investments in our homes. Mrs. Wisler: How would you feel about a four-story building? Mr. Hinton: I would go two stories but that is the maximum. Mr. Emil Persha: I moved in here twenty years ago and I conformed to the restrictions 15608 Hidden Lane of the law; 10' easement and 50' setback. I put all my life's savings in that house. This will devaluate my land. This has been brought up before by the Planning Commission to rezone to apartments. John Dooley represented us and we defeated it and the Planning Commission agreed with us that this is too nice a spot for apartments. I went to the president of the aged home • 5952 and he said he doesn't want apartment buildings. I thought he was two-faced when he said he did not want the apartments but would petition for high-rise. He signed a petition against apartments. Mr. Andrew: You mean this petition here? Mr. Persha: No. An earlier petition against the apartment rezoning petition. Mr. Hand: Who did you talk to? Mr. Gardner: The man he talked to is not the president but the administrator of the homethat exists there. But anyway, the Home is ruled by the administrative body of the Board of Trustees. I may be mis-speaking myself but I believe he is one of eleven Trustees and any move he made regarding signing the petition never appeared at a meeting of the trustees and the trustees didn't know it was done. Mr. Andrew: In other words, he was not acting for the Trustees but for himself? Mr. Gardner: Exactly. Mrs. Friedrichs: How many residents are in the current Armenian Home and what is the need as you assess it for the Armenian community? Do you have a waiting list? How many do you feel need senior citizens housing at this point? Carl Vooradian: We have a petition at our Church and without any solicitation on the part of anybody, we have 160 that we could place right now. In the Home I believe there are 45 right now. This is not an old age home; we are talking about senior apartments which is different. Each unit has a kitchen, living room and bedroom. Mrs. Friedrichs: Common dining room? Mr. Vooradian: No. Mrs. Friedrichs: This would be individual apartments for the elderly? Mr. Vooradian: Yes, and there are over 200 Armenian householders in Livonia. Mrs. Friedrichs: Why a six-story instead of four? Mr. Gardner: We have looked at the economics and there are certain first costs in any development. These costs generally break down into advertising, etc. It is our judgment now that a six-story would be the most economical way to develop. These are preliminary facts and I would not suggest that we would have to stick to a six-story building but that is our petition at this time. Mr. Falk: You are aware that in this building that you call a home for aged the people who move in there have to be 55 years of age? Mr. Vooradian: Yes. Mr. Falk: I think these people here will be a. little more at ease with that; that you are not trying to push an apartment but a home for your people. 5953 Mr. Salvadore Tobacco: I would like to make mention thatthis in no way affects 19475 Antago me but I am sure that the McNamara senior citizens home is not a blight on the City. We will all be senior citizens some day and we will have to have a place to live. These people are not putting up something for personal gain or profit but for people who have been forgotten. There is a gap between the young people and us but why do we have to have a gap between ourselves and senior citizens. Mr. Lafian: I moved to Livonia in 1965 after looking around and thought 36818 Ladywood Livonia was an outstanding City. I see the work you have done in the City and the City speaks for itself. There are those of us who are in the audience who will become retirement age. There are many of us who pay high taxes in Livonia which we can accept it while we are working, but when I retire I don't think I can afford to live in Livonia. The Armenian home for the Aged is a living document of neatness and cleanliness; I would not be speaking in favor of it if it were otherwise. This is my community and my people are here and I want to live here with my people. I just wish people would open up their. hearts. I don't want my kids to support me, I want to support myself. If I thought this would be a detriment to the City, I would not be speaking for it. I think we should all take a second to look at it. I do not want to leave Livonia. iso Mr. Reed: I just want to speak on behalf of the people on Hidden Lane. The people there are not against the Home for the Aged. We were here before the rezoning of the original property was done. That architecture blended very well with our homes. I have to commend them on that and we have no objection to that. But when you start talking about six stories, it ruins the concept of our homes and the reason why we bought there. Mr. E. Veenstra: I listened to all this menagerie. In regards to what we 29530 Wentworth are talking about -- this high rise apartment; six story apartments. In regard to all these people and our residences .. Why should we have a six-story building going up here in a residential neighborhood? Why don't you take and minimize it down to a one-story building like they did on Middlebelt at Trinity Baptist Church? There is one other stipulation I want to specify also. kiregard to this adjacent property -- now we have another church coming in there. That don't bother us neighbors over there because we live on the other side of Wentworth as far as a church coming in their but what we are concerned about is the high-rise apartment and if the church takes over that property they could get another high-rise across the street from where we live. On the other hand, they could get another high rise across the street from where we live. On the other hand, they could get something going on Wentworth and pretty soon we have to have pavement and sidewalks over there. • 5954 Mr. Adam Karapetian: Normally when an unusual structure comes in your area, 36110 Vargo Drive the closest are involved and I don't blame them for that, I was with this Church when it got started and they are most proud for what their Church does for the community. That Church everybody admires. This building in no way will be a detriment to the City. I think it should be 4110 looked on with pride--a home for elderly people without becoming public defenders. I would sell my home and move in there someday. Mr. Hinton: How much do these apartments rent for? Mr. Gardner: It will be subsidized by the government for those people whose rent exceeds 25% of their annual income. Mr. Persha: The people who are here and speaking don't live in our area. I could get more people here to speak who live in the area. Mr. Hinton: It is evident to me that most of these people don't live here. He says he will sell his home and move in there but my home will go down being right next to it. This is going to be subsidized by the government and the government will pay 75% so everybody in this room will pay the 75%. Robert Schramke: I am opposed to rezoning that area because I feel it will 15600 Hidden Lane affect the valuation of my home and there is'a good possi- bility they would want to extend the street and that will cost money too. 4 Mr. Gardner: The Armenian community is currently involved in a survey to ascertain the need; they have no desire to build"a building 410 larger than they can occupy. We asked for six stories because we think it is an ideal size for this project to undertake. Needless to say; there is mixed opinion about this but we feel that six stories is a proper use for the property and there is adequate property to support it. W. Relyea: The people on Wentworth and Hidden Lane are against a 29606 Wentworth home for the aged. When we moved in, we asked Mr. Dufour about the land at the end and he said Livonia plans to maintain this and the trees. If you rezone it, it goes as a direct contradiction to that. W. Walbridge: I have lived here for forty years. They proposed to build 29600 Wentworth six stories. We are not interested in having s six story building there; in Detroit or Southfield, great, but not here -- no more than two stories. H.Van Hess; I am concerned about how tall this building is. 29620 Wentworth Resident: I would like to know if that area is very heavily treed and 14779 Fairway how high those trees are. From what I can remember, it is very dense with trees sixty feet high. Mr. Nagy: There is an established tree cover on the property of mature oak trees. I would estimate them to be fifty to sixty feet high. Mr. Hinton: Those trees are struggling for growth and the cover at this time of year is very sparse and I can see from Wentworth to Hidden Lane; 11 those are thin trees. Mr. Persha: When Mr. Dooley represented us, the Planning Commission congratulated him and now you comeRnd want to put in a high-rise. 411, Mr. Veenstra: I don't mind in regard to your Armenian home and elderly people like the Attorney said and I wouldn't mind at allif they put in single dwellings. Mr. Hinton: When we okayed the zoning for the Armenian Home, they submitted plans and we thought it would be nice for the community. If we had- known they would come in with this, we would never have done that. Mr. Hoy: In order to have the project turn out to be superior, the client has promised to give more than the minimum. Our goal is to create a facility in your community that is sound and architecturally superior. Joseph Keller: Last year we were trying to find out what they were building. All 29680 Wentworth this extensive planning he is talking about and we dont see nothing. They weren't about to tell us what they were going to do with certain lots. This has to do with the Planning Commission and we sure would like to know what is going to happen to the land the City owns and is supposed to be park. Mr. Hinton: Mr. Shane showed us this lot on the map and they had an area for parking. Mr. Nagy: This gentleman was in our office to examine the petition. We advertise that people are welcome in the office to learn what is being proposed. He was in the office and Mr. Shane showed him the plan submitted in connection with the petition. Mr. Hinton: Now he tells us he has spent a lot of money and there is no plan. Mr. Andrew: We are not getting into site plan tonight; this is a question of zoning. Dan Knochel: We are interested in the aesthetics of their plans and the building 30449 Barkley they are going to build. The first thing they want to know is can they put in the high-rise there. I am not able to say right now that our Church has given me authority to veto it or approve it. Resident: Another dimension I would like to bring forth. There are a lot 38294 Laylywood of people here who are senior citizens who have learned one thing-- Court they have a right to be expressive. A lot of them cannot be expressive because they cannot talk as well as you and I. We endorse a favorable recommendation on this petition. Isobel Allen: I am married to an Armenian and we were residents of private homes 29681 Hathaway near Wonderland Center a long time before the apartments were set up at Wonderland. I don't see why an apartment one story or six will deflate property. My home is well off saleswise as it always was. . And there has never been any problem between the single home people and the apartment people, always harmony. Mr. Falk: I would like to ask the people who are developing this once again; have you made or given any thought as far as economics to go four stories instead of six. If you say six, I am going to vote against it. 5956 Mr. Gardner: Two is economically unfeasible to attempt on that small parcel. Four has possibilities. We haven't really discussed it in that way but six is our objective at this point in time. Mrs. Friedrichs: I would like to point out that this seems to be a particularly favorable for this zoning because to the west we have park land, to the north we have land which has been bought by a Church and not zoned for heavy use, and the .Armenian group itself owns the land to the east, therefore on three sides we are not abutting single family residences directly. From attending a senior • citizens meeting, I know there is a real need for senior citizens housing in this community. I personally think this would make a real contribution to the needs of our community and it is in a location as favorable as any in Livonia for this type of housing. Mr. Hand: I would like to echo my agreement with Mrs. Friedrichs. It is very perplexing to sit here and listen to all this talk about senior citizens. It is my personal opinion that we have done a poor job of providing housing for senior citizens in this community. Times have changed and I think this community has to mature. Senior citizens housing is endorsed by everyone provided it is in the other/of town; always some place else. So, I think it is time for this community to mature with regard to two story buildings. It is economically unfeasible to construct a building of this nature of two stories. You drive by McNamara Towers and you can't convince me that you see that building, because you don't. This building sets back. I appreciate the people on Hidden Lane having some concern, but I cannot imagine it being objectionable to you. IL So 1 think its about time we grew up around here. We have an example of the kind of care and attention that the Armenian people are getting there now and I think we should start to think constructively 46 about senior citizens housing Livonia. There was no one else wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 75-11-1-29 closed. On a motion duly made by Mr. Hand and seconded by Mrs. Friedrichs, it was RESOLVED that, pursuant to a Public Hearing having been held on December 16, 1975 on Petition 75-11-1-29 as submitted by Michigan Home for the Armenian Aged, Inc. , to rezone property located on the west side of Middlebelt Road, south of Wentworth in the Southeast 1/4 of Section 14, from RUF and P.S. to R-9-II, the City Planning Commission does hereby recommend to the City Council that Petition 75-11-1-29 be approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Wisler, Hand NAYS: Scruggs, Scurto, Falk, Andrew ABSENT: Pinto Mr. Andrew, Chairman, declared the resolution fails for lack of support. 4 Mr. Scruggs: I think there has been a lot of input here and I think there is no 4 question that we need homes for senior citizens but I think there can be a compromise where we maybe able to go to a four story. 5957 On a motion duly made by Mr. Scruggs and seconded by Mrs. Wisler, it was 4 #12-281-75 RESOLVED that, pursuant to a Public Hearing having been held on December 16, 1975 on Petition 75-11-1-29 as submitted by Michigan Home for the Armenian Aged, Inc. , to re/.one property located on the west side of Middlebelt Road, south of Wentworth in the Southeast 1/4 of Section 14, from RUF and P.S. to R-9-II, the City Planning Commission does hereby determine to table Petition 75-11-1-29 until the Study Meeting of January 13, 1976. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Scruggs, Wisler, Falk, Andrew NAYS: Kluver, Scurto, Hand ABSENT: Pinto Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Andrew: This item will be discussed at the Planning Commission's Study Meeting of January 13, 1976 in the Planning Commission Conference Room at 13325 Farmington Road. I might suggest since space is limited that a representative group be present, perhaps Mrs. Hinton and Mr. Persha and one other. • Mr. Falk, Secretary, announced the next item on the agenda is Petition 75-11-1-30 by the City Planning Commission on its own motion to rezone property ei located on the north side of Six Mile Road, west of Middlebelt in the Southeast 1/4 of Section 11, from C-2 to R-l. There was no one present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 75-11-1-30 closed. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted, it was #12-282-75 RESOLVED that, pursuant to a Public Hearing having been held on December 16, 1975 on Petition 75-11-1-30 as submitted by the City Planning Commission on its own motion to rezone property located on the north side of Six Mile Road, west of Middlebelt in the Southeast 1/4 of Section 11, from C-2 to R-1, the City Planning Commission does hereby recommend to the City Council that Petition 75-11-1-30 be approved for the following reasons: (1) The proposed change of zoning is to eliminate a minor commercial encroachment on this tax parcel of record. (2) The proposed change of zoning will eliminate the non-compatible commercial zoning from adversely affecting the established residential use of the property. (3) The proposed change of zoning is corrective in nature so as to establish the zoning district boundary lines in conformance with i property lines. (4) The proposed change of zoning so as to confine the commercial zoning district lines at the property lines at a point where the existing commercial development terminates is to clearly demonstrate that the Planning Commission does not want to encourage further commercial development for this area. 5958 FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer-Eccentric, under date of November 26, 1975 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk, Secretary, announced the next item on the agenda is Petition 75-10-6-12 by the City Planning Commission on its own motion to amend Section 18.37, Off-Street Parking Requirements, of Ordinance 543, the Zoning Ordinance of the City of Livonia, by adding paragraph (o) so as to provide additional control of offstreet parking requirements. There was no one present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 75-10-6-12 closed. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted, it was #12-283-75 RESOLVED that, pursuant to a Public Hearing having been held on December 16, 1975 on Petition 75-10-6-12 as submitted by the City Planning Commission on its own motion to amend Section 18.37, Off-Street Parking Requirements, of Ordinance #543, the Zoning ' Ordinance of the City of Livonia, by adding paragraph (o) so as to provide additional control of offstreet parking requirements, the City Planning Commission does hereby recommend to the City Council, that Petition 75-10-6-12 be approved for the following reasons: (1) This amendment will provide the City of Livonia with the necessary standards to ensure efficient and well designed off-street parking facilities. (2) This amendment is necessary to more adequately control the development of off-street parking facilities within the City of Livonia. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer-Eccentric under date of November 26, 1975 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk, Secretary, announced the next item on the agenda is Petition 75-10-6-13 by the City Planning Commission on its own motion to amend Article XX of Ordinance #543, the Zoning Ordinance of the City of Livonia, by adding Section 20.02A so as to provide regulations for single-family cluster housing. Philip Gerard: Would you explain to me what this is all about? 39395 Schoolcraft 5959 Mr. Shane: Presently the Zoning Ordinance allows certain kinds of developments which are known as planned unit developments. It allows a number of dr different kinds of residential units to be constructed on one piece of property with different standards. Also, there. is a cluster housing which is a series of single family units clustered together; not the usual type of development. We felt there needed to be some additional controls to set up standards and criteria on those kinds of developments, so we set up an Ordinance to allow the development of cluster type developments. There was no one else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 75-10-6-13 closed. On a motion duly made by Mr. Hand, seconded by Mrs. Friedrichs and unanimously adopted, it was #12-284-75 RESOLVED that, pursuant to a Public Hearing having been held on December 16, 1975 on Petition 75-10-6-13 as submitted by the City Planning Commission on its own motion to amend Article XX of Ordinance #543, the Zoning Ordinance of the City of Livonia, by adding Section 20.02A so as to provide regulations for single-family cluster housing the City Planning Commission does hereby recommend to the City Council that Petition 75-10-6-13 be approved for the following reasons: (1) This is a needed tool to more effectively provide for additional kinds of housing opportunities in the City of Livonia. (2) This tool will be effective in the implementation of the Future Land Use Plan as adopted by the Planning Commission for the tdfuture development of the City of Livonia. FURTHER RESOLVED that, notice of the alcove Public Hearing was published in the official newspaper, the Livonia Observer-Eccentric, under date of November 26, 1975 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Preliminary Plat approval for Francavilla Subdivision proposed to be located on the northwest corner of Farmington and Six Mile Roads in Section 9. Mr. Andrew: The plat does meet all the Ordinance requirements and Subdivision Rules and Regulations? Mr. Nagy: That is correct. In our notes, we have called to your attention that a portion of this plat falls within an area zoned public lands which will have to be rezoned. Mr. Robert Paciocco: We are buying the small portion from the school and I gave Developer & Builder Mr. Nagy a letter to that effect. Mr. Andrew: They have approved the bid? Mr. Paciocco: Yes. 5960 Mr. Nagy read for the record a letter from the file dated December 12, 1975 from William M. Bedell, Assistant Superintendent of Livonia Public Schools, Iregarding the approved sale of approximately 5.8 acres of land to the Vacri Land Company. I Mr. Andrew: There was discussion relative to the thirty-foot greenbelt along Farmington Road; were there details worked out on that? Mr. Nagy: Yes. We have a drawing that illustrates it. A plan showing the layout and greenbelt landscaping was shown to the Commission. Mrs. Scurto: If an easement is dedicated to the City, would the City maintain it? Mr. Feinberg: That would be a matter of opinion but we know of other public domain thatis maintained by the homeowners. Mr. Paciocco: I was at a Council meeting about a month ago and they are putting the same type berm on Six Mile Road. The Council told the people that they must maintain it because the County wont. I think this would be the same thing. Even though it is an easement, it is their land and they have an extra 30' of lot. If we go into the fence, I think we should forget about the term but I think the berm would look nice. We could do whatever the Commission would like. Mrs. Wisler: I think it is unrealistic to think homeowners would maintain anything on the other side of a fence. Mr. Falk: This is why I supported Mr. Pinto in having the homes facing Farmington and I agree with Mrs. Wisler about maintaining the property on the other side of the fence. Mr. Paciocco: We are proposing to put the berm on the homeowner's side of the fence. Mr. Andrew: I assume the 6' easement is for utilities? Mr. Nagy: That is right. for George Osborn: The service drive you are planning/Six Mile -- is that going to 34625 Grove be bermed? Who is going to maintain that? Mr. Paciocco: Yes. I don't know at this time who will maintain it. It should be maintained in the same manner as the other areas will be along Six Mile Road. Mr. Osborn: I can tell you that the County will not maintain it. Mr. Andrew: What are you going to do in Burton Hollow? Mr. Osborn: We have a civic association and we have written the Council that it is our intention to maintain our property frankly as we have for the last thirteen years in Burton Hollow. You don't have residents yet and you can't get that kind of commitient. We are for this subdivision but we are concerned about what the people on the other side will say when they see this? Mr. Paciocco: I am sure the people will maintain this. I live in Gold Manor so I have the same situation as you. 5961 Mr. Osborn: But you are planning the same type of service drive as on the other side and you plan on planting it? Mr. Paciocco: Yes. 1!: Mr. Charles Flint: I approve of this project. I can speak from the experience 36834 Six Mile Rd. of living as theirneighbors that they come here with a great deal of integrity. I face that service drive on Six Mile and it is interesting that my home is worth $5,000 less because I face the service drive. Mr. OsborN: If you try to fence out what you expect the property owner to maintain, he never will maintain it. Have you given any thought to a low-rise solid fence as opposed to either a cyclone or wooden fence? Is there a problem with that? Mr. Paciocco: One way or the other, the cost would be about the same. Personally, I wouldn't like a solid fence half a mile long but it will be whatever the Commission wants. Mr. Scruggs: I think the overall practical solution is to go with a wood fence for uniformity and possibly the condition that this isa condition of approval of this plat with also the possibility of all these homeowners if they at some time come before the Commission to go ahead with a better screen then we would at that time consider something different. But for now, I think I go with the wood fence. Mr. Kluver: I would agree except that the wood fence is merely an aesthetic IIconsideration. If our interest is in the homeowner and protection of his property, I would have to support the cyclone fence. Mr. Andrew: I feel perhaps the solution to the problem is to erect a brick wall about three feet high although I am not sure that is economic. Mr. Paciocco: But how would a brick wall look a half mile long? Mr. Andrew: Out Woodward Avenue thay have some. Mr. Nagy: The biq question tonight is backlotting. Mrs. Wisler: Is this the time to consider the marking of trees? Mr. Nagy: By Ordinance, trees 3" in diameter cannot be removed unless they fall within the area of a house, so we are already protected regarding the trees. There was no one else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing closed. On a motion duly made by Mr. Kluver and seconded by Mrs. Scurto, it was #13-285-75 RESOLVED that, pursuant to a Public Hearing having been held on December 16, 1975 and pursuant to Section 4.04 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #714, the City Planning Commission does hereby approve the Preliminary Plat for Francavilla Subdivision proposed to be located on the northwest corner of Farmington and Six Mile Roads in Section 9, and recommends 5962 the waiving of the open space requirements of the Subdivision Rules and Regulations and Ordinance #500, subject to the following conditions: (1) that the portions of lands currently owned by the Board of Education Id is acquired in fee simple by the proprietory of the subdivision; (2) that the lands currently owned by the Board of Education are rezoned all to the R-3-C zoning classification; (3) that before final plat approval is granted, the subdivision entrance markers as shown on Plan dated 12/15/75 shall be constructed in conformance with the approved plan; (4) that a greenbelt shall be installed within the greenbelt ease- ment consistent with an approved greenbelt plan to be submitted to the Planning Commission prior to submittal of the final plat; and (5) that deed restrictions of the subdivision will provide for per- petuation of the greenbelt improvement in a manner consistent with the approved plan and that all plant materials, earth bermings, fencing or such other landscape material, upon death or destruction, will be replaced in conformance with those as shown on the approved plan for the following reasons: II; (1) The Preliminary Plat complies with the Subdivision Rules and Regulations. (2) Thero osedplat is well laid out and p p provides for a convenient circulation system and lot pattern and protection of the drain which will all promote an attractive residential development. (3) The proposed Preliminary Plat complies with the R-3 Zoning District regulations. FURTHER RESOLVED that, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department and Parks and Recreation Dept. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Scruggs, Scurto, Wisler, Falk, Andrew ,NAYS: Hand ABSENT: Pinto Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. be- Mr. Hand: My nay vote was cause I cannot accept backlotting on Farmington Road. Mr. Falk announced the next item on the agenda is a letter dated 11/3/75 from Philip Gerard requesting an extension of time for refacing the front of a trailer sales facility in connection with a condition of approval of Petition 75-2-2-4 by Philip Gerard requesting waiver use approval for a trailer sales facility located on the southeast corner of Schoolcraft and Eckles Roads in the Southwest 1/4 of Section 19. 5963 On a motion duly made by Mr. Scruggs and seconded by Mrs. Friedrichs, it was #12-286-75 RESOLVED that, pursuant to a letter dated 11/3/75 from Philip Gerard 1!: requesting an extension of time for refacing the front of a trailer sales facility in connection with a condition of approval of Petition 75-2-2-4 by Philip Gerard requesting waiver use approval for a trailer sales facility located on the southeast corner of Schoolcraft and Eckles Roads in the Southwest 1/4 of Section 19, the City Planning Commission does hereby approve an extension until July 1, 1976 with regard to Condition #3 of Planning Commission Resolution #7-155-75. A roll call vote on the foregoing resolution resulted in the following: AYES: Wisler, Hand, Friedrichs, Kluver, Scruggs, Falk NAYS: Scurto, Andrew ABSENT: Pinto Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 72-7-1-38 by Anthony V. Pieroni, Attorney for David E. Auer, to rezone property located at the southeast corner of Ann Arbor Trail and Wayne Roads in the Southwest 1/4 of Section 33, from RUF and C-1 to R-7. On a motion duly made by Mr. Hand, seconded by Mrs. Scurto and unanimously adopted, it was 10 #12-287-75 RESOLVED that, pursuant to a Public Rehearing having been held pursuant to Council Resolution #868-75 on November 18, 1975 on I Petition 72-7-1-38 as submitted by Anthony V. Pieroni, Attorney for David E. Auer, to rezone property located at the southeast corner of Ann Arbor Trail and Wayne Roads in the Southwest 1/4 of Section 33, from RUF and C-1 to R-7, the City Planning Commission does hereby reaffirm its prior recommendation as set forth in Resolution #9-228-72, adopted on September 5, 1972 and recommends to the City Council that Petition 72-7-1-38 be approved for the following reasons: (1) The proposed zoning change will provide for uses that will be compatible to and in harmony with the surrounding uses of the area. (2) The area of the proposed zoning change. is of sufficient size, shape and location to accommodate the permitted uses of the R-7 District Regulations. • (3) The permitted uses of the R-7 District will be complemented by the openness and aesthetics of the abutting parkway. (4) The increase in intensity of land use as permitted by the R-7 Zoning District will be balanced by the openness of the parkway lands and institutional lands located to the south. (5) The abutting mile roads with their planned improvements are capable of handling the increase in traffic as generated by the proposed change in use. (6) The proposed change of zoning is consistent with the Future Land Use Plan recommendations and policy guidelines for multi-family development. jjn4 FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Observer-Eccentric, under date of October 30, 1975, and a notice of such hearing was sent to the Detroit Edison Company, Consumers Power Company, li Chesapeake & Ohio Railway Company and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 75-10-2-28 by Robert A. Rainko requesting waiver use approval to operate a Class C Liquor Licensed establishment on property located on the east side of Farmington Road between Eight Mile Road and Norfolkin Section 3. Mr. Andrew: As I recall, we wanted to see a revised site plan. I assume the propane tank shown on the plan does conform to the fire regulations of the City of Livonia. Mr. Nagy: That is correct. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted, it was #12-288-75 RESOLVED that, pursuant to a Public Hearing having been held on November 18, 1975 on Petition 75-10-2-28 by Robert A. Rainko requesting waiver use approval to operate a Class C liquor licensed establishment on property located on the east side of Farmington Road between Eight Mile Road and Norfolk in Section 3, the City Planning Commission does hereby recommend to the City Council that Petition 75-10-2-28 be approved subject to the following conditions: I!: (1) that Site Plan #1545-X, dated 11/14/75, which is hereby approved, shall be adhered to; (2) that Building Elevation Plan #75-152-C, which is hereby approved, shall be adhered to; (3) that Landscape Plan #1545-X, dated 11/14/75, which is hereby approved, shall be adhered to; and (4) that all landscaping as shown on the approved Landscape Plan shall be installed on the site before issuance of a Certificate of Occupancy; for the following reasons: (1) The proposed use complies with Zoning Ordinance #543, Section 11.03(h) . (2) The proposed use will not be detrimental or adversely affect the surrounding established uses of the area. FURTHER RESOLVED, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments 160 as listed in the Proof of Service. 4 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 5965 Mr. Falk announced the next item on the agenda is Petition 75-10-2-29 by Robert A. Rainko requesting waiver use approval to construct and operate a ir, I restaurant on property located on the east side of Farmington Road between Eight Mile Road and Norfolk in Section 3. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted, it was #12-289-75 RESOLVED that, pursuant to a Public Hearing. having been held on November 18, 1975 on Petition 75-10-2-29 as submitted by Robert A. Rainko requesting waiver use approval to construct and operate a restaurant on property located on the east side of Farmington Road between Eight Mile Road and Norfolk in Section 3, the City Planning Commission does hereby recommend to the City Council that Petition 75-10-2-29 be approved subject to the following conditions: (1) that Site Plan #1545-X, dated 11/14/75, which is hereby approved, shall be adhered to; (2) that Building Elevation Plan #75-152-C, which is hereby approved, shall be adhered to; (3) that Landscape Plan #1545-X, dated 11/14/75, which is hereby approved, shall be adhered to; and (4) that all landscaping as shown on the approved Landscape Plan shall be installed on the site before issuance of a certificate of occupancy; 1 for the following reasons: (1) The proposed use complies with Zoning Ordinance #543, Section 11.03(h) . (2) The proposed use will not be detrimental or adversely affect the surrounding established 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 75-7-1-23 by Jane M. Hass and Jessie Blanock to rezone property located on the north side of Seven Mile Road, east of Gill Road in the Southeast 1/4 of Section 4, from RUF to R-7. On a motion duly made by Mr. Hand, seconded by Mrs. Wisler and unanimously adopted, it was #12-290-75 RESOLVED that, pursuant to a Public Hearing having been held on September 16, 1975 on Petition 75-7-1-23 as submitted by Jane M. Hass and Jessie Blanock to rezone property located on the north side of Seven Mile Road, east of Gill Road in the Southeast 1/4 of Section 4, from RUF to R-7, the City Planning Commission does hereby recommend to the City Council that Petition 75-7-1-23 be denied for the following reasons: 5966 (1) The proposed change in zoning so as to provide for multiple housing will provide for a land use incompatible with the established low-density single family residential uses of the area. (2) The proposed change of zoning so as to permit an increase in density of use will not promote the orderly growth and development of the surrounding area but would encourage the further conversion of single family zoned lands to that of multiple housing. (3) The proposed change of zoning to multiple family housing would be detrimental to the surrounding area as the existing utilities would be overburdened as they lack the capacity to support the increase in density of use as set forth in the communication of the Division of Engineering dated 6/18/75. (4) The proposed change of zoning to multiple housing would provide for a substantial increase in traffic over and above that which would be provided by single family housing, which increase volume of traffic would be detrimental and hazardous to the area because Seven Mile Road in this location is not fully improved nor is it at maximum right-of-way width to accommodate the increase in traffic that would be generated by this change of zoning. (5) The proposed change of zoning would provide for uses that are inconsistent with the future land use recommendations as set forth on the Future Land Use Plan. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer-Eccentric, under date of August 28, 1975 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 75-6-1-16 by Jack Eason, Edwin M. Burket and John Migut to rezone property located on the north side of Seven Mile Road, west of Farmington Road in the Southeast 1/4 of Section 4, from RUFA to R-7. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted, it was #12-291-75 RESOLVED that, pursuant to a Public Hearing having been held on July 15, 1975 on Petition 75-6-1-16 as submitted by Jack Eason, Edwin M. Burket and John Migut to rezone property located on the north side of Seven Mile Road, west of Farmington Road in the Southeast 1/4 of Section 4, from RUFA to R-7, the City Planning Commission does hereby recommend to the City Council that Petition 75-6-1-16 be, denied for the following reasons: 5967 (1) The proposed change in zoning so as to provide for multiple housing will provide for a land use incompatible with the established low-density single family residential uses of the area. (2) The proposed change of zoning so as to permit an increase in density of use will not promote the orderly growth and develop- ment of the surrounding area but would encourage the further conversion of single family zoned lands to that of multiple housing. (3) The proposed change of zoning to multiple family housing would be detrimental to the surrounding area as the existing utilities would be overburdened as they lack the capacity to support the increase in density of use as set forth in the communication of the Division of Engineering dated 6/18/75. (4) The proposed change of zoning to multiple housing would provide for a substantial increase in traffic over and above that which would be provided by single family housing, which increased volume of traffic would be detrimental and hazardous to the area because Seven Mile Road in this location is not fully improved nor is it at maximum right-of-way width to accommodate the increase in traffic that would be generated by this change of zoning. (5) The proposed change of zoning would provide for uses that -are inconsistent with the future land use recommendations as set forth on the Future Land Use Plan. FURTHER RESOLVED that, notice of the above Public Hearing was published in, the official newspaper, the Livonia Observer-Eccentric, under date of June 26, 1975, 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 74-8-2-12 by Jack Bingham requesting waiver 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. On a motion duly made by Mr. Kluver, seconded by Mrs. Wisler and unanimously adopted, it was #12-292-75 RESOLVED that, the City Planning Commission does hereby determine to grant approval on a permanent basis to Petition 74-8-2-12 as submitted by Jack Bingham requesting waiver 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, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Hand and seconded by Mr. Scruggs, it was #12-293-75 RESOLVED 'that, the minutes of the 306th Regular Meeting held by the City Planning Commission on November 18, 1975 are approved. 5968 AYES: Friedrichs, Scruggs, Scurto, Wisler, Hand, Andrew, Falk NAYS: None ABSTAIN: Kluver ABSENT: Pinto i Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Hand, seconded by Mrs. Wisler, it was #12-294-75 RESOLVED that, the minutes of the 307th Regular Meeting held by the City Planning Commission on November 25, 1975 are approved. • A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Scruggs, Scurto, Wisler, Hand, Andrew NAYS: None ABSTAIN: Kluver, Falk ABSENT: Pinto Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted, it was #12-295-75 RESOLVED that, the minutes of the 308th Special Meeting held by the City Planning Commission on December 2, 1975 are approved. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. i #12-296-75 RESOLVED that, the City of Livonia Planning Commission hold an election of Officers for the year beginning January 1, 1976. The Commission then proceeded to elect the following officers to the City of Livonia Planning Commission, to wit: Chairman, Vice- Chairman and Secretary. Mr. Kluver: As a member of the Planning Commission. since 1971 and an Officer since 1972, I would like at this point to withdraw my name from nominations to any office because I feel that offices should be passed on and I encourage other members to participate as members and officers. Mrs. Suzanne Wisler was nominated by Mr. Kluver for the office of Secretary. Mr. Joseph J. Falk was nominated by Mr. Scruggs for the office of Secretary. No other nominations being made a ballot was cast. Mrs. Wisler was elected Secretary and was duly declared elected to said office. Mr. William Scruggs was nominated by Mrs. Friedrichs for the office • of Vice Chairman. Mr. Francis M. Hand was nominated by Mr. Scruggs for the office of Vice Chairman. Mr. Hand declined the nomination. Mr. William Scruggs was unanimously elected Vice-Chairman, and was duly declared elected to said office. Mr. Daniel R. Andrew was nominated by Mr. Falk for the office of Chairman. Mr. Francis M. Hand was nominated by Mr. Scruggs for the office of Chairman. No other nominations being made a ballot was cast. Mr. Andrew was elected Chairman and was duly declared elected to said office. ' • 5969 L On a motion duly made, seconded and unanimously adopted, the 307th Regular Meeting Lheld by the City Planning Commission of the City of Livonia on I December 16, 1975 was adjourned at 11:15 p.m. CITY PLANNING COMMISSION jl S C: , ` IAX/IC L Jo eph J. al , S cretary 4 ' ATTEST: &Of"- Daniel R. Andrew, Chairman z