HomeMy WebLinkAboutPLANNING MINUTES 1976-04-20 6034
MINUTES OF THE 313th REGULAR MEETING
AND PUBLIC HEARINGS HED BY THE CITY
PLANNING COMMISSION OF THE CITY OF
I[: LIVONIA
On Tuesday, April 20, 1976, the City Planning Commission of the City of Livonia
held its 313th Regular Meeting and Public Hearings in the Livonia City Hall,
33001 Five Mile Road, Livonia, Michigan.
Mr. William Scruggs, Acting Chairman, called the Public Hearing and 313th Regular
Meeting to order at approximately 8:00 p.m. with approximately 25 interested
persons in the audience.
Members present: Esther Friedrichs Suzanne Wisler William Scruggs
Francis Hand Judith Scurto Joseph Falk
Members absent: Daniel R. Andrew (vacation)
Charles Pinto (business)
Herman Kluver (vacation)
Messrs. John J. Nagy, Planning Director; H G Shane, Planner IV; Ralph Bakewell,
Planner IV; and Robert M. Feinberg, Assistant City Attorney were also present.
Mr. Scruggs, Acting Chairman, 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.
Mrs. Wisler, Secretary, announced the first item on the agenda, a re-hearing on
Petition 73-4-1-15 by the City Planning Commission pursuant to
Council Resolution #244-73 requesting to rezone property located
on the southwest corner of Newburgh Road and Ann Arbor Road in
the Northeast 1/4 of Section 31, from P.L. and C-1 to C-2.
Mr. Shane, a member of the Planning Staff presented a land use and zoning study
encompassing all of Section 32, as well as the bordering area of the City of
Westland which explained the position of the Planning Department as regards this
petition.
Mr. Nagy: There is a letter on file from Mr. Hamilton, 9980 Newburgh
Road, who is objecting to the rezoning. Consumers Power
states they have no objection to the proposed rezoning.
Tom Davis: We have an obligation as a School Board. We must get the most
Rep. of for our investment money to do justice to the taxpayers. We
School Board think that it is appropriate for this piece of property to be
rezoned commercial.
Mr. Scruggs: I feel that you do have an obligation to the taxpayers.
Mr. Hand: If you want this piece of property to be rezoned C-2 then you
should state that.
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Mr. Davis: It is our desire that this property be zoned C-2.
Mr. Hand: You said you should get the most for your investment, but
I have to point out to you that there are people that live
in that area who must be considered.
Mr. Davis: We feel that if more profit can be gained by selling this
property C-2 then we feel it is our obligation to the people
to get the most for their money.
Mr. Hunt: I object to the rezoning because of the traffic congestion.
Resident
Mr. Hamilton: Has the title to that land been cleared?
Mr. Davis: Yes, it has been cleared.
Margaret Carnegie: I am against the petition.
There was no one else wishing to be heard regarding this item and Mr. Scruggs,
Acting Chairman, declared the public hearing on Petition 73-4-1-15 closed.
On a motion duly made by Mr. Hand, seconded by Mr. Falk, and unanimously adopted,
it was
#4-60-76li: RESOLVED that, pursuant to a Public Hearing having been held on
April 20, 1976 on Petition 73-4-1-15, a rehearing of Petition 73-4-1-15
by the City Planning Commission pursuant to Council Resolution #244-73
requesting to rezone property located on the southwest corner of
Newburgh Road and Ann Arbor in the Northeast 1/4 of Section 31, from
P.L. and C-1 to C-2, the City Planning Commission does hereby
recommend to the City Council that Petition 73-4-1-15 be denied for
the following reasons:
(1) The proposed change in zoning is inconsistent with the Planning
Commission's adopted Future Land Use Plan which recommends a
medium density residential land use for the general area of the
petition.
(2) There is no need for additional commercial zoning in this area
since there presently is an overabundance of both vacant and
commercially developed property in this sector of the City to
provide for the commercial facilities to serve the expected
population.
(3) Due to the presence of the Schoolcraft Freeway and I-275 Freeway,
there will be a reduction of commuter traffic using Ann Arbor
Road thereby reducing the potential number of shoppers likely to
take advantage of additional commercial facilities.
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(4+) The surrounding uses in the area, the close proximity to the
Rouge Parkway with respect to its attractive view and available
t . open space and finally, an opportunity to minimizing any
additional traffic conflicts at or near the intersection of
Ann Arbor Road and Newburgh Road, all contribute to the
conclusion that the ultimate land use should be for residential
purposes.
FURTHER RESOLVED that, notice of the above public hearing was published
in the official newspaper, the Livonia Observer-Eccentric, under date
of April 5, 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. Scruggs, Acting Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mrs. Wisler, Secretary, announced the next item on the agenda, Petition 76-3-1-10
by the City Planning Commission to rezone property located on the
south side of Ann Arbor Road between Newburgh Road and Horton in the
Northeast 1/4+ of Section 31, from C-1 to R-1.
Mr. Nagy: There is a letter dated April 9, 1976 from Mr. David Hamilton
objecting to the rezoning.
There is also a letter from area residents objecting to
the rezoning.
Consumers Power has no objections.
Mr. Hamilton: I want this area to stay commercial. I bought this land
while it was zoned commercial and I want to protect my
investment.
Mr. Hand: You bought that as C-1 property with the idea of holding that
property not developing it. You have waited ten years and
you have not moved in developing it, therefore, your invest-
ment did not pay off. You may have waited too long.
There was no one else present wishing to be heard regarding this item and the public
hearing on Petition 76-3-1-10 was declared closed.
On a motion duly made by Mrs. Scurto, seconded by Mr. Hand and unanimously adopted,
it was
#+-61-76 RESOLVED that, pursuant to a Public Hearing having been held on
April 20, 1976 on Petition 76-3-1-10 by the City Planning Commission
to rezone property located on the south side of. Ann Arbor Road
between Newburgh Road and Horton in the Northeast 1/4+ of Section 31,
from C-1 to R-1, the City Planning Commission does hereby recommend
to the City Council that Petition 76-3-1-10 be approved for the
ILfollowing reasons:
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(1) The proposed change in zoning will be consistent with the Planning
Commission's adopted Future Land Use Plan which recommends a
medium density residential land use for the general area of the
petition.
(2) There is no need for additional commercial zoning in this area
since there presently is an overabundance of both vacant and
commercially developed property in this sector of the City to
provide for the commercial facilities to serve the expected
population.
(3) Due to the presence of the Schoolcraft Freeway and I-275 Freeway,
there will be a reduction of commuter traffic using Ann Arbor
Road thereby reducing the potential number of shoppers likely to
take advantage of additional commercial facilities.
(4+) The proposed change in zoning will provide a more compatible
zoning district for the subject property which is presently
used for residential purposes.
(5) The existing zoning is inappropriate for the area as it will
not promote the orderly growth and development of the area,
but would tend to encourage the further expansion of strip
commercial zoning and the conversion of residential lands to
commercial purposes.
FURTHER RESOLVED that, notice of the above public hearing was published
in the official newspaper, the Livonia Observer-Eccentric, under date
of April 5, 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. Scruggs, Acting Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mrs. Wisler, Secretary, announced the next item on the agenda, Petition 76-3-2-6
by the Livonia Jaycees requesting waiver use approval to hold an
Annual Jaycee Spring Carnival within the Wonderland Shopping Center
located at Middlebelt and Plymouth Roads in the Northeast 1/4 of
Section 35.
Mr. Nagy: Consumers Power has no objections.
Jim Kline: This proJect is the single most important project we have for.
Chairman of fund raising.
Jaycee Event.
There was no one else present wishing to be heard regarding this item and Mr. Scruggs,
Acting Chairman, declared the public hearing on Petition 76-3-2-6 closed.
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On a motion duly made by Mr. Falk, seconded by Mrs.. Wisler and unanimously adopted,
it was
#14-62-76 RESOLVED that, pursuant to a Public Hearing having been held on
April 20, 1976 on Petition 76-3-2-6 submitted by the Livonia Jaycees
requesting waiver use approval to hold an Annual Jaycee Spring
Carnival within the Wonderland Shopping Center located at Middlebelt
and Plymouth Roads in the Northeast 1/4 of Section 35, the City
Planning Commission does hereby recommend to the City Council that
Petition 76-3-2-6 be approved for the following reasons:
(1) The Police and Fire Departments have no objections to the petition.
(2) The use of property for carnival purposes will not interrupt the
normal traffic flow and use of land for parking purposes.
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. Scruggs, Acting Chairman, declared the motion is carried and the foregoing
resolution adopted.
'Mrs. Wisler, Secretary, announced the next item on the agenda, a request by
Constantine Kasapis for reconsideration by the Planning Commission
of 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.
1 .
The Planning Commission determined to take no action on Petition 76-3-2-4 by
Constantine Kasapis.
Mr. Kasapis asked the Commission's reasons for having denied his petition.
Mr. Hand verbally indicated the reasons for denial.
Mrs. Wisler, Secretary, announced the next item on the agenda, a motion by the
City Planning Commission pursuant to Council Resolution #167-76 to
hold a public hearing to determine whether or not to rezone property
located on the south side of Six Mile Road between Merriman and
Middlebelt Roads in the Northwest 1/4 of Section 14, from C-1 to P.
On a motion duly made by Mrs. Friedrichs, seconded by Mrs. Scurto and unanimously
adopted, it.was
#4-63-76 RESOLVED that, the City Planning. Commission, pursuant to Section 23.01(a)
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 whether or not to rezone property located on the south
side of Six Mile Road between Merriman and Middlebelt Roads in the
ii, Northwest 1/4 of Section 14, from C-1 to P, and
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.
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L'I Mr. Scruggs, Acting Chairman, declared the motion is carried and the foregoing
resolution is adopted.
.
Mrs. Wisler, Secretary, announced the next item on the agenda, a revised Site Plan
submitted in connection with Petition 74-6-8-24P by William Abney
requesting approval of all plans required by Section 18.58 of
Ordinance #543, the Zoning Ordinance, as amended by Ordinance #988,
in connection with a proposal to construct a commercial building on
property located on the northeast corner of Middlebelt and Terrence
in Section 13.
Mr. Hand left the podium at this time and abstained from voting on this petition..
On a motion duly made by Mr. Falk, seconded by Mrs. Scurto and adopted, it was
#4-64-76 RESOLVED that, having reviewed the revised Site Plan submitted in
connection with Petition 74-6-8-24P by William Abney requesting
approval of all plans required by Section 18.58 of Ordinance #543,
the Zoning Ordinance, as amended by Ordinance #988, in connection
with a proposal to construct a commercial building on property
located on the northeast corner of Middlebelt and Terrence in
Section 13, the revised site plan be approved subject to the
following conditions:
(1) that Site Plan #7403, Sheet 1, dated April 2, 1976, prepared
by I.S. Rogala, Architect, which is hereby approved, shall be
adhered to;
(2) that Building Elevation Drawing #7403, Sheet 3, dated 3/26/76,
prepared by I.S. Rogala, Architect, which is hereby approved,
shall be adhered to.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Friedrichs, Scruggs, Scurto, Wisler, Falk
NAYS: None
ABSTAIN: Hand
ABSENT: Andrew, Pinto, Kluver
Mr. Scruggs, Acting Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made, seconded and unanimously adopted, the 313th Regular Meeting
and Public.Hearings held by the City Planning Commission on April 20, 1976 was
adjourned at 9:35 p.m.
CITY PLANNING COMMISSION
Suz(t e Wisler, Secretary
10 ATTEST:
4414Liee
William P. Scrugg , cting Chairman '
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5/19/76