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HomeMy WebLinkAboutPLANNING MINUTES 1976-05-04 6040 MINUTES OF THE 314th REGULAR MEWING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF . LIVONIA On Tuesday, May 4, 1976, the City Planning Commission of the City of Livonia held its 314th 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 8:05 p.m. with approximately 75 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, 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. 1[: Mrs. Suzanne Wisler, Secretary, announced the first item on the agenda, Petition 76-3-1-8 by Samuel & Dora Abdoo to rezone property located on the northeast corner of Farmington Road and Clarita in the Northwest 1/4 of Section 10, from P.S. to C-1. Mr. Nagy: There is a letter from the Division of Engineering on file. The petitioner was not present at the meeting. Mr. Bentley: I am against the petition. 18280 Westmore Ann Chinn: I am against the petition. 18607 Westmore L. Barrs: I am against the petition because of the traffic situation. Westmore Phil Chinn: I am against the petition due to traffic. Westmore Mr. Hand: I will have to tell you people in the audience that you have convinced me. I am in agreement that this area does not need any more commercial. IVMr. Falk: I am also opposed to commercial in this area. 4 . 6041 There was no one else present wishing to be heard regarding this petition and Mr. Andrew, Chairman, declared the public hearing on Petition 76-3-1-8 closed. On a motion duly made by Mr. Kluver, seconded by Mr. Falk and unanimously adopted, it was #5-65-76 RESOLVED that, pursuant to a Public Hearing having been held on May 4, 1976 on Petition 76-3-1-8 as submitted by Samuel & Dora Abdoo to rezone property located on the northeast corner of Farmington Road and Clarita in the Northwest 1/4 of Section 10, from P.S. to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 76-3-1-8 be denied for the following reasons: (1) The proposed change of zoning is in conflict with the adopted Future Land Use Plan for this area as the Future Land Use Plan proposes to retain the office zoning for this area. (2) The proposed change of zoning is also in conflict with the General Development Plan's Goals and Policies Statement wherein it is encouraged that small office buildings accommodating professional services be located along major thoroughfare frontages in close proximity to residential areas where they can provide convenient services, be designed to be architecturally compatible and serve as a buffer adjacent to residences. (3) The proposed change of zoning will not provide for the orderly growth and development of the area, but would tend to encourage d the further expansion of commercial zoning in this area. (4) The proposed change of zoning to the C-1 zoning classification for this lot area which is only 100' in depth would not provide for the most efficient, practical development of the property. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer-Eccentric, under date of April 15, 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 is carried and the foregoing resolution adopted. Mrs. Wisler, Secretary, announced the next item on the agenda, Petition 76-4-1-11 by Jerome L. Schostak to rezone property located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4, from RUF to R-7. Mr. Duggan: We wish to build an apartment complex. Mrs. Wisler: Will you use the storm and sewers as they are? d Leonard Segal: We would use the 12" sanitary sewers coming in from the Deerfield Subdivision. The storm water would be taken care of by the Tarabusi Drain. 4 6042 Mr. Scruggs: Have you considered one family residential in the area on [I, ' the outside perimeter since this will be the largest apartment complex we have in Livonia? Mr. Duggan: We do not feel this is necessary. Mr. Migot: Where is the sanitary sewer? 1942 Archer Mr. Andrew: There is a 12" sanitary sewer to Farmington thru the existing apartment complex. Mr. Scruggs: When is the petitioner planning on developing this? Mr. Duggan: As soon as possible. Mr. Becker: How many acres do you have? How many units? 8136 Meyers Detroit Mr. Duggan: We have under petition 32 acres, but we do not know at this time how many units we will build. There was no one else present wishing to be heard regarding this petition and Mr. Andrew, Chairman, declared the public hearing on Petition 76-4-1-11 closed. tiOn a motion duly made by Mr. Hand, seconded by Mr. Falk and adopted, it was #5-66-76 RESOLVED that, pursuant to a Public Hearing having been held on May 4, 1976 on Petition 76-4-1-11 by Jerome L. Schostak to rezone property located on the west side of Farmington Road, ' north of Seven Mile 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 76-4-1-11 be approved for the following reasons: (1) The proposed change of zoning is consistent with the Future Land Use Plan as adopted by the Planning Commission which Plan recommends a medium density residential land use for the subject area. (2) The proposed change of zoning is an expansion of an already established R-7, Multi-Family Zoning District, within the area as the proposed site is attached to the existing R-7 District and has its ingress and egress limited to that of the established Multi-Family Zoning District. (3) The area of the proposed zoning change has all of the physical characteristics to lend itself to good multi-family development as the site is in close proximity to supporting commercial services, has its ingress and egress directly limited to major thoroughfares, the increased density is offset by an established flood plain and it is already related to an established multi- family development. , i 4 ► s 6043 FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer-Eccentric, under date of April 15, 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Scruggs, Pinto, Wisler, Hand, Falk, Andrew NAYS: Scurto The Chairman declared the motion is carried and the foregoing resolution adopted. Mrs. Wisler, Secretary, announced the next item on the agenda, Petition 76-4-1-12 by John Kanakis to rezone property located on the north side of Five Mile Road, east of Middlebelt Road in the Southwest 1/4 of Section 13, from P and R-7 to C-2. Mr. Nagy: There is a letter on file from the Division of Engineering. John Kanakis: I represent the Clock Restaurant. There are no juke boxes in these restaurants. We are trying to project a new image. This is a family-type restaurant. Mr. Hand: How will you expose yourself to the public? Mr. Kanakis: By a sign and we advertise in the newspapers. 4 Mr. Hand: I am not in favor of this project. How many tables are you having there? Mr. Kanakis: One hundred to one hundred and twenty seats. Mrs. Friedrichs: What are your hours of operation? Mr. Kanakis: Twenty-four hours. Mrs. Friedrichs: Would you operate the Dearborn store also? Mr. Kanakis: Yes, I have five children and they will help run my restaurants. Mr. Falk: I am against another restaurant in this area. Mrs. Wisler: I am opposed to the R-7 to C-2 zoning. Mrs. Scurto: Do you own the property or do you have an option to purchase? Mr. Kanakis: I have an option to purchase. Mr. Scruggs: I live in this area and there is quite a bit of traffic in this area. I do not feel the size of this parcel is 4 adequate for your building. Mr. Hand: I feel a less intense commercial use would be appropriate in this area. 6044 Mrs. Scurto: What kind of wall are you talking about for your rear yard? 117:0 Mr. Kanakis: Cinder block. Mr. Abraham: This entire parcel should be zoned commercial. 29127 Five Mile Mrs. Wisler: Can a 40 x 80 building be put on that parcel? Mr. Nagy: It is my opinion that it could be. Mr. Slaten: We are not talking about a high volume traffic generator. 15131 Ellen This restaurant would be owned by a family. I do not feel that there will be that much traffic to this area. We are going to put up a 40 x 80 building. The last time we got an approval for that area it was for a paint and wallpaper store. Mrs. Wisler: I do not wish to increase the commercial for that parcel any further north than it is. Nick Kanakis: I think the restaurant that my brother wants to build in there would be an asset to your City. Mr. Slater: Could we work out a situation where the only part that (parents own is changed be the part that will contain the building? property) Mr. Nagy: The Law Department states that the site, in order to contain a restaurant and meet the Waiver Use requirements, must all fall within the C-2 zoning classification. There was no one else present wishing to be heard regarding this petition and Mr. Andrew, Chairman, declared the public hearing on Petition 76-4-1-12 closed. On a motion duly made by Mr. Pinto, seconded by Mrs. Scurto and adopted, it was #5-67-76RESOLVED that, pursuant to a Public Hearing having been held on May 4, 1976 on Petition 76-4-1-12 by John Kanakis to rezone property located on the north side of Five Mile Road, east of Middlebelt Road in the Southwest 1/4 of Section 13, from P and R-7 to C-2, the City Planning Commission does hereby determine to table Petition 76-4-1-12 until the Study Meeting to be conducted on May 25, 1976. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer-Eccentric, under date of April 15, 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. 1 6045 A roll call vote resulted in the following: t ' AYES: Friedrichs, Pinto, Scurto, Wisler, Hand, Andrew NAYS: Kluver, Scruggs, Falk Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Wisler, Secretary, announced the next item on the agenda, Petition 76-4-3-2 by the City Planning Commission 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. Mr. Chapman: What's going to happen? I own the adjacent property 34160 Schoolcraft to the east. Mr. Andrew: The City will maintain a full width easement over the property and you will have acquired 43 feet of land. There was no one else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 76-4-3-2 closed. On a motion duly made by Mr. Scruggs, seconded by Mr. Hand and unanimously adopted, it was #5-68-76 RESOLVED.) that, pursuant to a Public Hearing having been held on May 4, 1976 on Petition 76-4-3-2 by the City Planning Commission to vacate the portion of Gill Road located on the north side of Schoolcraft Road, between Stark and Ellen Drive in the Southeast s 1/4 of Section 21, the City Planning Commission does hereby recommend to the City Council that Petition 76-4-3-2 be approved subject to the retention of a full-width easement over the area, for the following reasons: (1) The area of the right-of-way is not needed for the reason that no abutting property takes access directly from Gill Road. (2) The Master Thoroughfare Plan of the City of Livonia does. not recommend the extension of Gill Road in this location. (3) All reporting utility companies recommend the vacating of Gill Road in this location subject to the retention of a full-width easement for public utility purposes. (4) The City of Livonia Division of Engineering indicates there is no need for the road, but advises that an easement be provided over the subject area to protect an existing sanitary sewer. 4 o oo46 FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer-Eccentric, • under date of April 15, 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 Service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Wisler, Secretary, announced the next item on the agenda, Preliminary Plat approval for Stoneleigh Village Subdivision proposed to be located on the north side of Schoolcraft Road, east of Ellen Drive in the Southwest 1/4 of Section 21. Mr. Nagy: There is a letter on file from Frank Kerby stating that the lots comply with the R-2 Zoning District Regulations. The Engineering Division states they have no objections. Sidewalks will be required. Street name will be changed by the. Post Office Department. There is a letter on file from the Division of Traffic. A letter is also on file from the Fire Department. There is a petition on file from residents of the area to have Riverside Drive remain closed. R. Lewiston: The plat does not show an exit on Riverside. We propose 21790 Coolidge to use a berm and plant that berm with trees and shrubs i tOak Park at the entrance of the subdivision. This should cut the noise generated from the highway. Mr. Andrew: What is the berm height? Mr. Lewiston: Two to four feet. D. Markham: What is the price range of the homes? 14288 Shadyside Mr. Lewiston: Fifty to sixty-two thousand. Mr. Hand: Do you consider Ellen Drive to be a collector street? Mr. Nagy: No, in that it is not designed or built consistent with the half mile collector road standards. Mr. Kirkwood: What are you going to do with all the trees? 34781 Perth . Mr. Lewiston: There will be two stages of removal. One will remove • trees for streets and utilities, and then the second stage will be to remove only those trees that will be in the path of the residential building. 4 t1 elm I 6047 Ray Diehl: What about the wet condition that exists there now t 14906 Ellen among those trees? r Mr. Lewiston At the time the subdivision is constructed we will tie . into the sewer that is available and the standing water situation will clear up. There was no one else present wishing to be heard regarding this item, and Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mrs. Wisler, seconded by Mr. Scruggs and unanimously approved, it was #5-69-76 RESOLVED that, pursuant to a Public Hearing having been held on May 4, 1976, the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat, Alternate Plan dated 4/28/76, for Stoneleigh Village Subdivision, be approved subject to adherence to the Greenbelt Planting Plan dated 4/6/76, prepared by James C. Scott & Associates, and the provision of Entrance Markers as shown on the approved Greenbelt Planting Plan; and that the open space provisions of the Subdivision Rules and Regulations and Ordinance #500 be waived because there is already adequate open space and recreation facilities within the immediate area, for the following reasons: (1) The Preliminary Plat, Alternate Plan dated 4/28/76, complies with all of the requirements of the R-2 Zoning t regulations. (2) With the exception of the open space requirement which has been waived, the Subdivision conforms to all the require- ments of the Subdivision Rules and 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 hplat together with notice have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department and Parks and Recreation Department. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Wisler, Secretary, announced the next item on the agenda, Petitiooca6n -1-3-1 by Philip Barth, requesting the vacating of an north of Schoolcraft Road, west of Farmington Road in the Southeast 1/4 of Section 21. On a motion duly made by Mr. Hand, seconded by Mr. Scruggs and unanimously adopted, it was #5-70-76 RESOLVED that, pursuant to a Public Hearing having been held on May 4, 1976 on Petition 76-1-3-1 by Philip Barth requesting the li0 vacating of an easement located north of Schoolcraft Road, west of Farmington Road in the Southeast l/4 of Section 21, the City Planning Commission does hereby remove Petition 76-1-3-1 from the table. 6048 Mr. Andrew, Chairman, declared the motion is carried and the foregoing- resollxtion adopted. 4 tOn a motion duly made by Mr. Hand, seconded by Mrs. Friedrichs and adopted, it was #5-71-76 RESOLVED that, pursuant to a Public Hearing having been held on May 4, 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 recommend to the City Council that Petition 76-1-3-1 be approved for the following reasons: (1) All reporting utility companies have no objection to the vacating. • (2) The Division of Engineering of the City of Livonia has no objections. (3) The proposed new easement to accommodate the public utilities more appropriately serves the area for future development purposes in connection with lands to the northwest as well as frees the existing site from the encumbrance of the easement that now bisects the property. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer-Eccentric, under date of April 15, 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 4 City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Scruggs, Pinto, Wisler, Hand, Falk, Andrew NAYS: Scurto Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Wisler, Secretary, announced the next item on the agenda, a motion by the City Planning Commission pursuant to Section 23.01(b) of Ordinance #543, the Zoning Ordinance, as amended, to hold a public • hearing to determine whether or not to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, by deleting property located on the south side of St. Martins Avenue immediately east of McNamara Towers I and II in the Southeast 1/4 of Section 2. ti 6049 On a motion duly made by Mr. Hand, seconded by Mr. Scruggs and unanimously adopted, it was #5-72-76 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby establish and order that a public hearing be held in the City Hall of the City of Livonia, to determine whether or not to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, by deleting property located on the south side of St. Martins Avenue immediately east of McNamara Towers I and II in the Southeast 1/4+ of Section 2. FURTHER RESOLVED, notice of time and place of said public hearing shall be published in a newspaper of general circulation in the City of Livonia and a notice by registered United States mail shall be sent to each public utility or railroad company owning or operating any public utility or railroad within the City of Livonia in accordance with the provisions of Act 285 of the Public Acts of Michigan of 1931, as amended. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Scruggs, seconded by Mrs. Scurto and unanimously adopted, it was #5-73-76 RESOLVED that, the minutes of the 312th Regular Meeting and Public Hearings held by the City Planning Commission on April 6, 1976 are approved. The Chairman, Mr. Andrew, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 314th Regular Meeting and Public Hearings conducted by the Planning Commission on May 4+, 1976 was adjourned at 10:10 p.m. CITY PLANNING COMMISSION u Wisler, Secretary ATTESTED: Daniel R. Andrew, Chairman gs/jb 5/18/76