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HomeMy WebLinkAboutPLANNING MINUTES 1976-04-06 • 6015 MINUTES OF THE 312th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, April 6, 1976, the City Planning Commission of the City of Livonia held its 312th Regular Meeting and Public Hearings in the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Public Hearings and Regular Meeting to order at 8:02 p.m. with approximately 55 interested persons in the audience. Members present: Daniel R. Andrew Judith Scurto Charles Pinto Herman Kluver Suzanne Wisler William Scruggs Joseph Falk Esther Friedrichs Francis Hand Members absent: None 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 this evening's agenda involves a question of rezoning or vacating, this Commission only makes recommendations to the City Council and the City Council after holding a public hearing makes the final determination as to whether a petition is approved or denied. If a petition for a waiver of use request is denied, the petitioner has ten days in which to appeal the decision of the Commission to the City Council. 410 Mrs. Suzanne Wisler, Secretary, announced the first item on the agenda, Petition 76-2.-1-5 by Koppy-Densmore, Inc. , to rezone property located south of Lyndon Avenue between Levan Road and Yale in the Southeast 1/4 of Section 20, from P.L. to R-2. Mr. Nagy: Consumers Power state they have no objections. There is a letter on file from Mr. and Mrs. Stanley Weldon, 14471 Park, strongly objecting to the rezoning. A letter from the Engineering Department states there are no engineering problems. Rodney Kropf: Koppy-Densmore has submitted a bid and made a deposit to the Livonia Representing Board of Education for this property. Our plat is proposed of 31 Petitioner lots, 70 ft. in width. The people adjoining this area may be reluctant to this change, however, the school system cannot use this parcel so they are selling it off to meet their expenses. Mr. Hand: This property went through a public bidding process and the rezoning request is certainly logical and conforms to the area and I would have to support it for that reason. Mrs. Friedrichs: I can understand your feelings about loosing the wooded area but I also feel that the development is consistent with the area around it. 111110 Mr. Kluver: I also agree with the two Commissioners. I feel it is a just rezoning. J. Jacobjzck: I moved into this area because of the rural nature. Does the 14490 Park school really have to sell this property? My sewers and other neighbors sewers backed up. I do not feel the sewers could handle more development. Mr. Andrew: Do you realize that there is no question about whether this is going to be sold or not. It is already sold. Mr. Pinto: Please understand that the only thing taking place tonight is the placing of a new zoning classification on this piece of property other than P.L. H. Dundis: When^was this purchase made? 14441 Park Mr. KropF: One month ago. Mr. Pinto: The school board owning it made this land P.L. When this man bought it, it is not public land anymore. Mrs. Friedrichs: Because of the declining school population there is no need for many of the schools. It therefore is not necessary to keep property that was bought to build schools. J. Stymelski: I used to be a member of the School Board at that time we had a gentlemen who was building up the schools. His name was Ronald Upton. At that time there were different members of that Board. I do not understand why they want to sell this piece of property. We were assured that certain pieces of land would be retained for school and City property. I am asking the Commission to save this land and acquire by condemnation. I believe this should be a park. G. Thompson: I feel we should save this land. I suggest you table this motion. 34628 Granada Mr. Hand: Mr. Stymelski, if anyone knows how to save land, you should certainly know. Please present your plea to the proper board. Mr. Walden: I object to these larger lots. Mine is only 65'x 115' . 14471 Park Mr. Price: These people bought this land zoned P.L. They knew this before they 32730 Joy bought it. Why give them the rezoning now? If you do not give them the rezoning they will not be able to build on it. Mrs. Scurto: I think you people are very fortunate that this is being zoned R-2. Mr. Wagenaka: Where is the access going to be? 35859 Lyndon Mr. Koppy: Lyndon Avenue. 4141110 Mr. Nagy: We have not seen the plat as yet. The abutting property owners will get another notice of public hearing at the time the plat is submitted for approval. 6017 There was no one else present wishing to be heard regarding this petition and Mr. Andrew, Chairman, declared the public hearing on Petition 76-2-1-5 closed. 1! 2/ On a motion duly made by Mrs. Friedrichs, seconded by Mrs. Scurto and unanimously adopted, it was #4-41-76 RESOLVED that, pursuant to a public heating having been held on April 6, 1976 on Petition 76-2-1-5 as submitted by Koppy-Densmore, Inc. , to rezone property located south of Lyndon Avenue between Levan Road and Yale in the Southeast 1/4 of Section 20, from P.L. to R-2, the City Planning Commission does hereby recommend to the City Council that Petition 76-2-1-5 be approved for the following reasons: (1) The proposed change of zoning has been necessitated by the fact that the lands are no longer under public ownership but are privately owned. (2) The proposed change of zoning to the R-2 zoning district classificatiol is consistent with that of the abutting residential zoning for the area. (3) The proposed change of zoning will permit a lot size and housing density pattern consistent with the established residential housing pattern for the area. (4) The proposed change of zoning so as to permit the residential use and development of these lands will not adversely affect the area 4i; as ingress and egress to the site will be from Lyndon Avenue, a one-half mile collector road, therefore, it will not place any new traffic on any established local residential streets. (5) The proposed change of zoning so as to permit the residential use and development of these lands will not diminish the recreational use and enjoyment of the nearby neighborhoods as there are City-owned lands of twelve acres, known as Madonna Park, specifically set aside for recreation purposes as set forth on the City of Livonia's Master School and Park Plan. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Observer-Eccentric, under date of March 18, 1976 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumed: 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. Mrs. Wisler, Secretary, announced the next item on the agenda, Petition 76-2-1-6 by th City Planning Commission on its own motion to rezone property located at the . northwest corner of Joy and Hix Roads in the Southwest 1/4 of Section 31, from C-2 to R-1 Michael Lewiston, Attorney for the petitioner, stood up and identified himself at (1110 J this time. 1 H Shane gave presentation of future land use for the area in the petition that was being proposed to be rezoned. Mr. Lewiston: Mr. Applebaum purchased the property in 1973. IE: He is also the owner of Arbor Drugstore and Civic Drugs in Dearborn--------- At the time that the property was purchased in 1973 it was then zoned for ___,.-- C-2 purposes. It was purchased at that time to build a grocery and ----- drug "''drug store as well as other stores. The price that was paid for the C-2 property was $30,000 per acre. 1974 and 1975 were not good years to obtai financing. There were also problems encountered at that time in the in the way of obtaining some utilities. I understand at this time that these problems do not exist. With this kind of money invested in this property we have thought of moving on this. It is my understanding that the residents homes that are there now were designed and planned around this commercial area. We have had our own study made of this area. American Mailers did a composite for us. This is a three mile area. It is designe to serve an anrea of the immediate vicinity only. There is just a 7-11 store in that area right now. The nearest drug store to this location is one and one half miles away. We think a grocery store and a drug store is needed by the tenants in this immediate area. I wish that I could say we are going to start construction immediately, however, I cannot. Mr. Applebaum: When we investigated this parcel of land before we purchased it we thought this was the type of area that was suitable for our types of stores. That is basically why I purchased this land at the time and paid that price. I think the area could support a drugstore and a grocery store. 11i0M1r. Andrew: Is there a report from the Engineering Division? 'Mr. Nagy: Just that the legal description is correct. Mr. Andrew: Have you been advised about the storm sewer situation. Mr. Applebaum: Yes, there is a water sewer that would be adequate to service the stores. Mr. Andrew: The area is approximately 12 acres. You would need to build 100 thousand sq. ft. for this area to develop economically to be productive. 40,000 fe t, is needed for adequate potential in a grocery store. What will you do wit the rest of the land? Mr. Lewiston: 30,000 feet for grocery; 15,000 feet for drugstore and the balance for loc type stores. Mr. Andrew: Unless you "spin" off some land you may not find it practicable. G. Drezell: Not only must we consider the Washington School area but we must consider our neighbor, Westland. They are having trouble now with Joy Road being closed. What will happen when this shopping center comes in? We feel there are enough shopping centers around already. Mr. Scruggs: Do I understand that there are new plans in the offing? 4; Mr. Applebaum: We have some plans already drawn up six months ago. "41r. Lewiston: When was property zoned C-2? r. Nagy: 1968. Mr. Lewiston: Was it zoned residential? )01r Mr. Nagy: Yes. Mr. Lewiston: So that the property in question was brought to the Commission in 1968 4' Mr. Nagy: Yes, requesting that this parcel be zoned C-2 from R-1. There was no one else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 76-2-1-6 closed. On a motion duly made by Mr. Hand, seconded by Mrs. Wisler and unanimously adopted, it was #4-42-76 RESOLVED that, pursuant to a public hearing having been held on April 6, 1976 on Petition 76-2-1-6 by the City Planning Commission on its own motion to rezone property located at the northwest corner of Joy and Hix Roads in the Southwest 1/4 of Section 31, from C-2 to R-1, the City Planning Commission does hereby recommend to the City Council that Petition 76-2-1-6 be approved for the following reasons: (1) The proposed change in zoning is consistent with the Planning Commission's adopted Master Land Use Plan which recommends a single family residential land use for the general area of the petition. (2) There is no need to retain commercial zoning on subject property since this sector of the City as well as surrounding lands in adjacent communities is well served with existing "community shopping" facilities. (3) There is no need to retain commercial zoning on subject property since there is ample existing used or vacant commercially zoned ti lands in the immediate vicinity which when fully developed will accommodate a community sized shopping center as well as additional neighborhood shopping located as follows: (a) 11.5 acres of vacant commercially zoned land located at the southwest corner of Joy Road and Newburgh Road. (b) 6.5 acres of vacant commercially zoned land located at the northwest corner of Joy Road and Newburgh Road. (c) 3.4 acres of developed commercially zoned property located at the southwest corner of Hix Road and Joy Road. (d) 5.3 acres of vacant, commercially zoned land located on the south side of Joy Road, west of Eckles Road if extended. (4) A "community" size shopping center should not be located at the intersection of Hix Road and Joy Road for the following reasons: (a) Hix Road is classed as a "collector" street on the Master Thoroughfare Plan of the City of Livonia which serves to collect traffic from adjacent residential areas and carry it to the nearest major thoroughfare(s) (Joy Road and Ann Arbor Road) . Such a street is not meant to nor is it of proper design to serve as a major thoroughfare and as such will not accommodate the high volume of traffic generated by a major shopping facility. I (b) A major shopping area should be so located as to be accessible only from major thoroughfares designed to accommodate high volumes of traffic. (c) Since Eckles Road (designated as a major thoroughfare on the Master Thoroughfare Plan of the City of Livonia) is not developed, Hix Road would serve as the only direct north-south route from Joy Road to Ann Arbor Road and west to 1-275 interchange or from Joy Road south to Ford Road and west to I-275 interchange between Newburgh Road and Haggerty Road. Therefore traffic would increase beyond the capacity of Hix Road to accommodate it. (d) Since there is no interchange at 1-275 and Joy Road, there is no need to consider close proximity to such an interchange as reason for locating commercial facilities. (e) The locational characteristics of the vacant commercially zoned land of comparable size to the area under petition lying at the intersection of Joy Road and Newburgh Road make it a superior site for commercial facilities of the "community center" size for the following reasons: (1) The lands lie at the intersection of two major thoroughfares whose existing or planned design will accommodate high. volumes of traffic generated by such a facility. (2) Such lands are located at the intersection of two major i thoroughfares which afford direct access to the major residential developments within a three mile radius. (3) Such lands are more centrally located within the overlapping trade areas of Sheldon Shopping Center located at Plymouth Road and Farmington Road and the K-Mart Center located at Ann Arbor Road and Haggerty Road. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer-Eccentric, under date of March 18, 1976 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 carried and the foregoing resolution adopted Mrs. Wisler announced the next item on the agenda, Petition 76-2-1-7 by the City Planning Commission on its own motion to rezone property located on the northeast corner of Newburgh Road and Ann Arbor Trail in the Northwest 1/4 of Section 32, from C-1 to R-1. C. Argle: Why do you want to change it from C-2 to R-1? Do you have the price 36906 Ann of the home to be built there? Arbor Trail Mr. Andrew: We do not have the price of the home. We are concerned with the iii: use of the land not what kind of houses can go in there. Mr. Argle: Won't the tax structure change? Mr. Andrew: Yes, the corner would but the Church does not pay taxes. I 4 Mr. Mackender: By making that area residential, would that make the Church able to 36910 Ann be lived in? Arbor Trail Mr. Nagy: The changing of the zoning would not affect the Church by allowing it to be used as a residence. The Building code and Zoning Ordinance would control the use. There was no one else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearin0Petition,76-2-1-7 closed. On a motion by Mr. Kluver, seconded by Mr. Falk and unanimously adopted, it was #4-43-76 RESOLVED that, pursuant to a public hearing having been held on April 6, 19.76 on Petition 76-2-1-7 as submitted by the City Planning Commission on its own motion to rezone property located on the northeast corner of Newburgh Road and Ann Arbor Trail in the Northwest 1/4 of Section 32, from C-1 to R-1, the City Planning Commission does hereby recommend to the City Council that Petition 76-2-1-7 be approved for the following reasons: (1) The proposed change in zoning is in conformance with the recommendation of the Planning Commission's adopted Future Land Use Plan for this general land area. (2) The proposed change in zoning will provide a more compatible Zoning District for the subject property, which is presently used for residential and Church purposes. (3) There is no need for additional commercial facilities to be developed on subject property due to the excessive amount of vacant commercially zoned lands in the immediate vicinity. (4) The existing C-1 Zoning District is not compatible with the appropriate and orderly development of the surrounding neighborhood. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Observer-Eccentric, under date of March 18, 1976 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adoptee Mrs. Wisler announced the next item on the agenda, Petition 76-3-1-9 by the City Planning Commission to rezone property located north of Schoolcraft Road, west of Berwick Avenue in the Southeast 1/4 of Section 22, from RUF to R-1-B. Mr. Nagy: There is no correspondence on file. There was no one else present wishing to be heard regarding this item and Mr. Andrew Chairman, declared the Public Hearing on Petition 76-3-1-9 closed. On a motion duly made by Mr. Hand, seconded by Mrs. Wisler and unanimously adopted, it was 6022 #4-44-76 RESOLVED that, pursuant to a public hearing having been held on 11: April 6, 1976 on Petition 76-3-1-9 as submitted by the City Planning Commission to rezone property located north of Schoolcraft Road, west of Berwick Avenue in the Southeast 1/4 of Section 22, from RUF to R-1-B, the City Planning Commission does hereby recommend to the City Council that Petition 76-3-1-9 be approved for the following reasons: (1) The proposed change of zoning from the RUF classification to that of the R-1-B is to remove a spot zone of RUF within a larger and established residential area all zoned and platted in conformance with the R-1-B classification. (2) The proposed change of zoning is of a housekeeping nature so as to have the remanent portion of an RUF district removed and establish a uniform R-1-B classification for this area. (3) The proposed change of zoning will establish one uniform zoning classification on this residential lot in place of the two different zoning classifications that presently exist. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Observer-Eccentric, under date of March 18, 1976 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 10 Departments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mrs. Wisler announced the next item on the agenda, Petition 76-3-2-4 by Constantine Kasapis requesting waiver use approval to construct a family-style restaurant on the east side of Farmington Road between Pembroke and Eight Mile Road in the Northwest 1/4 of Section 3. Mr. Nagy: There is a letter from the Fire Department and they are concerned., with propane tanks that are stored on the premises. They have also made several suggestions on improving the site. A letter from the traffic bureau states that no problems are anticipated. Consumers Power state they have no objections. Division of Engineering reports there are no storm sewers provided in this area. A. Marginato: This will be a family type restaurant. We have presented an Realtor affidavit to Mr. Nagy relative to storm sewers. Mr. Andrew: How do you intend to tap into the sewer? Mr. Marginato: There is a 10 ft. easement connecting us to Shadyside. a tA Mr. Andrew: I am concerned about the southbound traffic' movements on Farmington Road entering the site. Wouldn't the left turn stacking lane for northbound Farmington Road traffic interfere with left turn movements of south- bound traffic? 6(. Mr. Nagy: The staff has on a separate plan shown the yellow lane markings that occur at the intersEction and a solid yellow line extends past the subject site along Farmington Road. 1011- Mr. Falk: We did not support Flame Restaurant or Ram's Horn and I will not I support this one. Mr. Hand: There are so many restaurants in this area already. Have you had a study made? Mr. Kasapis: I have a restaurant at Middlebelt and Eight Mile now. I would feel that this is an excellent spot for another restaurant business. That is basically my reason for coming to this area. Mrs. Scurto: Your present operation is a 24 hour one, is it not? Mr. Kasapis: Yes. Mrs. Scurto: Do you plan this one to be that way? Mr. Kasapis: We do not know yet. Mr. Falk: I do not think we can support another restaurant in this area. Mr. Kasapis: I feel that it could support another restaurant in this area. Mr. Falk: You are aware of the other two going in already? f Mr. Kasapis: Yes, I know of them. Back in the Moelke regime we were told that we were the last restaurant to come in. Since then seven competitors i have come in. Mr. Scruggs: V I feel you have a fine restaurant at Eight Mile and Middlebelt, but I feel that there are too many restaurants in the area already. Mr. Andrew: Will this be similar to your other location? Mr. Kasapis: It will be nicer. It will have a nice decor and fireplace. E. Milanis: I would like to see more small businesses on Farmington Road. Colonial Lounge Owner Steve Bartkoff: I think Mr. Kasapis has a fine restaurant operation. I feel we could use more restaurants in the area. I prefer the Ram's Horn type of restaurant. There was one else wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 76-3-2-4 closed. On a motion duly made by Mr. Falk, seconded by Mrs. Scurto and adopted, it was #4-45-76 RESOLVED that, pursuant to a Public Hearing having been held on April 6, 1976 on Petition 76-3-2-4 as submitted by Constantine Kasapis requesting waiver use approval to construct a family-style restaurant on the east ' side of Farmington Road between Pembroke and Eight Mile Road in the Northwest 1/4 of Section 3, the City Planning Commission does hereby recommend to the City Council that Petition 76-3-2-4 be denied for the following reasons: bU24 d (1) The proposed use is one of the highest traffic generators. Farmington Road is already overburdened with traffic and the 1 I: addition of traffic from the proposed use would adversely affect its traffic-carrying capacity. i (2) The site of the proposed use being only 150' south of the south • right-of-way of Eight Mile Road, places the points of ingress and egress to the site in such close proximity to the intersection of Farmington and Eight Mile Roads that access to and from the site would be extremely difficult and would conflict with the traffic within the intersection. (3) The site location, its size and intensity, site layout and periods of operation of the proposed use would cause a nuisance which would be noxious to the occupants of other nearby permitted uses of the area by reason of dust, noise, fumes and lights. (4) The proposed use is not of such location, size and character that it would be in harmony with the appropriate and-orderly development of the surrounding neighborhood. (5) The proposed commercial use is inconsistent and not compatible with the prevailing residential uses within the area, particularly the east and south. 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 on the foregoing resolution resulted in the following: IL AYES: Kluver, Friedrichs, Scruggs, Scurto, Hand, Falk NAYS: Pinto, Wisler, Andrew ABSENT: None Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Wisler,announced the next item on the agenda, Petition 76-3-2-5 by Ralph L. Grose requesting waiver use approval to expand an existing outside trailer storage facility located on the west side of Merriman Road between Plymouth Road and Schoolcraft in the Southeast 1/4 of Section 27. A. Garko: I object to the waiver use. 19350 Merriman Mr. Nagy: There is a letter from Ben Garovis, M.D. , of Midwest Industrial Clinic objecting to the proposal. There is also a letter from Lorna Schaeffer of 11905 Merriman objecting to the proposal. Consumers Power has no objections. Division of Engineering states there are no storm sewers to service 16: this area. Dan Gilmartin: The Industrial Commission cannot support this petition. 6025 R. Grose: I have been running this trailer storage since 1968. I need the room. As far as the house goes, I have a party that wants to rent that house and pay me one year in advance. L Mr. Andrew: Do you live in the property right next door? Mr. Grose: Yes. Mr. Andrew: Would you be willing to demolish the structures on the property; Mr. Grose: I would not want to. Mr. Andrew: You have two uses, the residence and manufacturing. You must choose one. I would like to see you demolish the buildings, tap into the sewer on Merriman Road, build a fence, etc. Mr. Grose: I would not be willing to do that. There was no one else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the Public Hearing on Petition 76-3-2-5 closed. On a motion by Mr. Falk, seconded by Mr. Kluver and unanimously adopted, it was #4-46-76 RESOLVED that, pursuant to a Public Hearing having been held on April 6, 1976 on Petition 76-3-2-5 by Ralph L. Grose requesting waiver use approval to expand an existing outside trailer storage facility located on the west side of Merriman Road between Plymouth Road and Schoolcraft in the Southeast 1/4 of Section 27, the City Planning Commission does hereby recommend to the City Council that Petition 76-3-2-5 be denied for the following reason: 1: (1) The proposed use is in conflict with Zoning Ordinance #543 as amended, Section 16.11 Waiver Uses, sub-section(d) Outdoor Trailer Storage. (2) The proposal is in conflict with Zoning Ordinance #543, as amended, Section 18.08 Lot Limitation which restricts the use of the property to one principal 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopt'ad Mrs. Wisler announced the next item on the agenda, Petition 75-4-2-9 (as amended) by Jack M. Richards requesting waiver use approval to construct a family- style restaurant at the southwest corner of Seven Mile and Farmington Roads in the Northeast 1/4 of Section 9. Mr. Nagy: Consumers Power has no objections. Detroit Edison state they would have to relocate facilities. Division of Engineering states there are no storm sewers to service j the existing site. 4 1[ J. Richards: The building is brick, wood and glass. The restaurant seats 80. There Architect is parking on the site for 90 cars. With use of restaurant with commercial retail we can share parking. We do have ample parking and meet the code. Mr. Scruggs: Is this two stories? IF: Mr. Richards: No, that is a glass canopy that provides shelter only. Mr. Andrew: Are you aware of the Edison pole relocation; Mr. Antonelli: Yes, I am. Mr. Andrew: How will you handle storm sewer needs? Mr. Richards: We will bring the sewer down Filmore. Susan Brown: I live across the street from the proposed parking lot. 19007 Filmore That area between Farmington and Filmore is very congested. Mr. Andrew: There is an exit on Filmore. Susan Brown: Filmore is a school route. School buses go down this road. Mr. Andrew: The petitioner will pave 70 feet of Filmore. Susan Brown: I am against a restaurant. I would not object to an office buildi: j. Mr. Hand: I feel this is a good use for this particular corner. Mr. Blair: I am against the restaurant use because of traffic and pollution. 18995 Filmore f property J. Kowal: I bought/and I am against this establishment going in. It will downgrade my property. s Ted Doman: I feel Mr. Kowal knew this was zoned commercial, just as his Broker property is zoned commercial. There was no One else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 75-4-2-9 closed. On a motion duly made by Mr. Hand, seconded by Mr. Scruggs and adopted, it was #4-47-76 RESOLVED that, pursuant to a public hearing having been held on April 6, 1976 on Petition 75-4-2-9 (as amended) by Jack M. Richards requesting waiver use approval to construct a family-style restaurant at the south- west corner of Seven Mile and Farmington Roads in the Northeast 1/4 of Section 9, the City Planning Commission does hereby recommend to the City Council that Petition 75-4-2-9 be approved subject to the following conditions: (1) that the site plan Sheet #1, dated 3/30/76 shall be adhered to; (2) that building elevation plans Sheet #4, dated 4/6/76 shall be adhered t ; (3) that the landscape plan Sheet #2, dated 3/30/76 shall be adhered to; (4) that there shall be a sign erected indicating no left turn from the parking lot onto Filmore. [I for the following reasons: 6027 (1) The proposed use complies with Section 11.03(c) of Zoning Ordinance #543, as amended. (2) The proposed use will not adversely affect the surrounding development of the area as the site has excess capacity to support the intended use 4 (3) The proposed waiver use will provide for the optimum development of the area as the proposed waiver use will facilitate the overall development of all vacant, commercially zoned lands. 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 on the foregoing resolution resulted in the following: AYES: Friedrichs, Scruggs, Pinto, Scurto, Wisler, Hand, Andrew NAYS: Kluver, Falk ABSENT: None Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this conditional 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 commenced within that period, or an extension of time obtained, this approval shall be null and void at the expiration of said period. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted Mrs. Wisler announced the next item on the agenda. Petition 76-1-3-1 by Philip Barth requesting the vacating of an easement located north of School- craft Road, west of Farmington Road in the Southeast 1/4 of Section 21. Mr. Nagy: Consumers Power has no objections. Other utility companies have not reported. Mr. Barth: I am the owner of this property and I would like the easement vacated. There was no one else wishing to be heard regarding this item and Mr. Andrew, Chairman declared the public hearing on Petition 76-1-3-1 closed. On a motion duly made by Mr. Falk, seconded by Mr. Scruggs and unanimously adopted, it was #4-48-76 RESOLVED that, pursuant to a public hearing having been held on April 6, 1976 on Petition 76-1-3-1 by Philip Barth requesting the vacating of an easement located north of Schoolcraft Road, west of Farmington Road in the Southeast 1/4 of Section 21, the City Planning Commission does hereby determine to table Petition 76-1-3-1 until reports are obtained from the Detroit Edison Company and Michigan Bell Telephone Company. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopte( Mrs. Wisler announced the next item on the agenda, Petition 76-2-6-1 by the City Planning Commission pursuant to Council Resolution #39-76 to amend Sections 18.29 and 18.49 of Ordinance #543, the Zoning Ordinance of the City of Livonia, by deleting existing fencing requirements and incorporatin provisions set forth in Section 5-1009 of the Livonia Code of Ordinances. 60 There was no one present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the Public Hearing on Petition 76-2-6-1 closed. , I On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted, Itit was #4-49-76 RESOLVED that, pursuant to a Public Hearing having been held on April 6, 1976 on Petition 76-2-6-1 by the City Planning Commission pursuant to Council Resolution #39-76 to amend Sections 18.29 and 18.49 of Ordinance #543, the Zoning Ordinance of the City of Livonia, by deleting existing fencing requirements and incorporating provisions set forth in Section 5-1009 of the Livonia Code of Ordinances, the City Planning Commission does hereby recommend to the City Council that Petition 76-2-6-1 be approved for the following reasons: (1) The proposed amendment is required for the reason that the Livonia Code of Ordinances (Fence Ordinance) has been amended by prior action of the City Council, which action renders obsolete Sections 18.29 and 18.49 of Zoning Ordinance #543. (2) The proposed amendment will provide for consistence between Zoning Ordinance #543 and the Livonia Code of Ordinances (Fence Ordinance) which ordinance now contains all of the regulations concerning fencing. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Observer-Eccentric, under date of March 18, 1976 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 4 Service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Wisler announced the next item on the agenda, Final Plat Approval for Jeffries Industrial Park Subdivision proposed to be located south of Industrial Road, west of Stark Road in the North 1/2 of Section 28. On a motion duly made by Mr. Kluver, seconded by Mr. Scruggs and adopted, it was #4-50-76 RESOLVED that, pursuant to a Public Hearing having been held on April 6, 1976, the City Planning Commission does hereby recommend to the City Council that the final plat approval for Jeffries Freeway Industrial Park Subdivision proposed to be located south of Industrial Road, west of Stark Road in the North 1/2 of Section 28, be approved for the following reasons: (1) The final plat conforms to the previously approved Preliminary Plat. i (2) The Engineering Division recommends approval of the Final Plat. (3) The final plat conforms to the Subdivision Rules and Regulations of the City of Livonia and the M-1 Zoning District Regulations of Ordinance #543. (4) All of the financial obligations imposed upon the proprietor by the City have been complied with. 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 Department. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Scruggs, Pinto, Scurto, Wisler, Falk NAYS: None ABSTAIN: Hand, Andrew The Chairman declared the motion is carried and the foregoing resolution adopted. Mrs. Wisler announced the next item on the agenda, Final Plat approval for Michael Kerby Industrial Subdivision proposed to be located on the south side of Schoolcraft Road, north of the Industrial Road, between Stark Road and Levan Road in the Northwest 1/4 of Section 28. On a motion duly made by Mrs. Wisler, seconded by Mr. Kluver and adopted it was, #4-51-76 RESOLVED that, pursuant to a public hearing having been held on April 6, 1976, the City Planning Commission does hereby recommend to the City Council that the Final Plat Approval for Michael Kerby Industrial Subdivision proposed to be located on the south side of Schoolcraft Road, north of the Industrial Road, between Stark Road and Levan Road in the Northwest 1/4 of Section 28, be approved for the following reasons: 1[ (1) The Final Plat conforms to the previously approved Preliminary Plat. (2) The Engineering Division recommends approval of the Final Plat. (3) The Final Plat conforms to the Subdivision Rules and Regulations of the City of Livonia and the M-1 Zoning District regulations of Ordinance #543. (4) All of the financial obligations imposed upon the proprietor by the City have been complied with. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Scruggs, Pinto, Wisler, Hand, Falk, Andrew NAYS: None ABSTAIN: Scurto The Chairman declared the motion carried and the foregoing resolution adopted. Mrs. Wisler announced the next item on the agenda, a letter dated 2/20/76 from John W. Cossin requesting the withdrawal of Petition 75-8-2-23 by the Lords House requesting waiver lase approval to construct a church building on property located on the west side of Newburgh Road, north of Joy Road in the Southeast 1/4 of Section 31. On a motion duly made by Mr. Hand, seconded by Mr. Falk and unanimously adopted, it w ta 6030 ' 1.144 #4-52-76 RESOLVED that, pursuant to a Public Hearing having been held on September 16, 1975 on Petition 75-8-2-23 and pursuant to a request by John W. Cossin dated 2/20/76, the City Planning Commission does hereby approve the withdrawal of Petition 75-8-2-23 as submitted by the Lords House requesting waiver use approval to construct a church building on property located on the west side of Newburgh Road, north of Joy Road in the Southeast 1/4 of Section 31. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Observer-Eccentric under date of September 2, 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 carried and the foregoing resolution adopted. Mrs. Wisler announced the next item on the agenda, withdrawal of Petition 74-2-1-4 by the City Planning Commission to rezone property located on the south side of Ann Arbor Road, west of Newburgh Road in the Northeast 1/4 of Section 31, from C-1 to R-1. On a motion by Mr. Scruggs, seconded by Mrs. Wisler and adopted, it was #4-53-76 RESOLVED that, pursuant to a public hearing having been held on April 2, 1974 on Petition 74-2-1-4 as submitted by the City Planning Commission to rezone property located on the south side of Ann Arbor Road, west of Newburgh Road in the Northeast 1/4 of Section 31, from C-1 to R-1, the City Planning Commission does hereby determine to withdraw Petition 74-2-1-4 and deems that no further action by the City is necessary. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Scruggs, Pinto, Scurto, Wisler, Hand, Falk, Andrew NAYS: None ABSTAIN: Kluver Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopt€ Mrs. Wisler annnunced the next item on the agenda, a. motion by the City Planning Commission to hold a public hearing to determine whether or not to rezone property located on the north side of Joy Road between Inkster and Harrison in the Southeast 1/4 of Section 36. On a motion duly made by Mr. Hand, seconded by Mr. Scruggs and unanimously adopted, it was 4-54-76 RESOLVED that, the City Planning Commission, pursuant to Section 23.01(b) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine 11:10 whether or not to rezone property located on the north side of Joy Road between Inkster and Harrison in the Southeast 1/4 of Section 36, in conformance with the Joy Road Zoning Study between the cross streets of Inkster and Harrison. 4 IL.. f e FURTHER RESOLVED that, notice of such hearing be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a 1 report and recommendation submitted to the City Council. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted Mrs. Wisler announced the next item on the agenda, a motion by the City Planning Commission to hold a public hearing to determine whether or not to vacate the portion of Gill Road located on the north side of Schoolcraft Road, between Stark and Ellen Drive in the Southeast 1/4 of Section 21. On a motion duly made by Mr. Kluver, seconded by Mr. Scruggs and unanimously adopted, it was #4-55-76 RESOLVED that, the City Planning Commission, pursuant to Ordinance #29 of the City of Livonia, as amended by Ordinance #50, does hereby establish and order that a public hearing be held to determine whether or not to vacate the portion of Gill Road located on the north side of Schoolcraft Road between Stark Road and Ellen Drive in the Southeast 1/4 of Section 21. FURTHER RESOLVED that, notice of such hearing be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report and recommendation submitted to the City Council. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adoptee. Mrs. Wisler announced the next item on the agenda, approval of the minutes of the I: 311th Regular Meeting and Public Hearings held by the City Planning Commission on March 2, 1976. On a motion duly made by Mr. Scruggs, seconded by Mr. Falk and adopted, it was #4-56-76 RESOLVED that, the minutes of the 311th Regular Meeting and Public Hearings held by the City Planning Commission on March 2, 1976 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Scruggs, Pinto, Scurto, Wisler, Hand, Falk, Andrew NAYS: None ABSTAIN: Kluver The Chairman declared the motion carried and the foregoing resolution adopted. Mrs. Wisler announced the next item on the agenda., Landscape Plan submitted in connection with a condition of approval of Petition 75-12-2-31 by the Executive Council of the Protestant Episcopal Church for the Diocese of Michigan requesting waiver use approval to erect a building for a Church and parish house on the west side of Newburgh Road, north of Joy Road in the Southeast 1/4 of Section 31. / On a motion duly made by Mr. Hand, seconded by Mr. Scruggs and unanimously adopted, it was 0 6032 #4-57-76 RESOLVED that, the City Planning Commission does hereby approve the Landscape Plan submitted in connection with a condition of approval of Petition 75-12-2-31 by the Executive Council of the Protestant + Episcopal Church for the Diocese of Michigan requesting waiver use approval to erect a building for the Church and parish house on the west side of Newburgh Road, north of Joy Road in the Southeast 1/4 of Section 31, subject to the following conditions: (1) that Landscape Plan #75237 Sheet A-1 prepared by Merrit, Cole and McCallum, Architects dated 3/8/76 which is hereby approved shall be adhered to; (2) that all landscaping as shown on the approved plan shall be maintained in a healthy condition; and (3) subject to the implementation of all landscaping within one year of date of Certificate of Occupancy. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mrs. Wisler announced the next item on the agenda, approval of revised Sign Design Plan submitted in connection with Petition 73-11-8-49 by Wah Yee Associates, Architects, requesting approval of all plans required by Section 18.47 of Ordinance #543, as amended by Ordinance #990, in connection with a proposal to remodel existing building and add new building to existing shopping center located on the northeast corner of Middlebelt and Plymouth Roads in Section 25. On a motion by Mr. Scruggs, seconded by Mr. Kluver and unanimously adopted, it was 4 #4-58-76 RESOLVED that, the City Planning Commission does hereby approve the revised Sign Design Plan submitted in connection with Petition 73-11-8-49 by Wah Yee Associates, Architects, requesting approval of all plans required by Section 18.47 of Ordinance #543, as amended, by Ordinance #990, in connection with a proposal to remodel existing building and add new building to existing shopping center located on the northeast corner of Middlebelt and Plymouth Roads in Section 25, subject to the following conditions: (1) that the Sign Design as shown on the Sign Plan dated 3/25/76 prepared by Willey Sign Company of Mount Clements, Michigan which is hereby approved, shall be adhered to; and (2) that due to the length of fabrication time, the Commission does hereby waiver the seven-day waiting period in order to afford the Petitioner additional time to start construction. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mrs. Wisler announced the next item on the agenda, Petition 76-3-8-4 by William Ditzhazy requesting approval of all plans required by Section 18.47 of Ordinance #543, the Zoning Ordinance, as amended by Ordinance #990, submitted in connection with a proposal to construct a commercial building on property located on the north side of Five Mile Road between Shadyside and Woodring in Section 15. r € • 6033 1 On a motion duly made by Mr. Hand, seconded by Mr. Scruggs and unanimously adopted, it was #4-59-76 RESOLVED that, the City Planning Commission does hereby approve Petition I 76-3-8-4 by William Ditzhazy requesting approval of all plans required by Section 18.47 of Ordinance #543, the Zoning Ordinance, as amended, by Ordinance #990, submitted in connection with a proposal to construct a commercial building on property located on the north side of Five Mile Road between Shadyside and Woodring in Section 15,subject to the following conditions: (1) that Site Plan #73-08, Sheet 1, dated 3/22/76, by William D. Shiels, Architect, which is hereby approved, shall be adhered to. (2) that Building Elevation Plan #73-08, Sheet 3, dated 3/8/76, prepared by William D. Shiels, Architect, which is hereby approved, shall be adhered to. (3) that the Landscaping as shown on Site Plan #73-08, Sheet 1, dated 3/22/76, prepared by William D. Shiels, Architect, which is hereby approved shall be installed before issuance of Certificate of Occupancy. (4) that all landscape materials installed on the site, shall be permanently maintained in a healthy condition. (5) that all trash disposal be handled from inside the building. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. I:4 On a motion duly made, seconded and unanimously adopted the 312th Regular Meeting and Public Hearings conducted by the City Planning Commission on April 6, 1976 was adjourned at 12:30 a.m. CITY PLANNING COMMISSION Suz. isler, Secretary ATTESTED: L Daniel R. Andrew, Chairman 1 i