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HomeMy WebLinkAboutPLANNING MINUTES 1976-06-08 6057 • MINUTES OF THE 315th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA t On Tuesday, June 8, 1976 the City Planning Commission of the City of Livonia held its 315th 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 approximately 8: 10 p.m. with approximately 35 interested persons in the audience. Members present: Daniel R. Andrew Joseph J. Falk Esther Friedrichs Francis M. Hand Charles Pinto William P. Scruggs Judith Scurto Members absent: `Herman H. Kluver *Suzanne T. Wisler Messrs. John J. Nagy, Planning Director; Ralph H. Bakewell , Planner IV; H G Shane, Planner IV; Darald Jennings, Housing Director; 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 and the City Council , after holding a public hearing, makes the final determina- tion as to whether a petition is approved or denied, and if a petition requesting a waiver of use is denied, the petitioner has ten days in which to appeal the decision to the City d Council . Mrs. Esther Friedrichs, Acting Secretary, announced the first item on the agenda is the rehearing pursuant to Council Resolution #416-76 of Petition 75-11-1-29, as amended, 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-I . Mr. Andrew: This is a rehearing by the Planning Commission pursuant to a Council resolution. As I understand it, the only change occurring since the last time it was heard and voted on for approval is that the site has been shifted 96' to the east. Is that correct, Mr. Nagy? Mr. Nagy: That is correct. Mr. Andrew: Is there anyone in the audience who wishes to speak for or against this petition? Emil Persha, 15608 Hidden Lane: There are supposed to be people here tonight who wish to speak against this petition. At a meeting of the people when this was first brought up there were 40; now there are 530. The Church has signed a petition against it and so has Marycrest. The people at Faith Lutheran are against it because they have property here and they are thinking of rezoning to senior citizen housing, too. Mr. Andrew: The people who back up to the City park are against it? Mr. Persha: They are against a high-rise. 6058 Mr. Andrew: Are you asking that we adjourn this meeting until your people arrive? I Mr. Persha: Yes. At the meeting, the people said they will take it to court if they have to. Mr. Andrew: I 'm not concerned about the court. My concern is this meeting here tonight. If you wish this public hearing adjourned, we will do that until your people arrive if they will be here to speak either for or against the petition. Mr. Persha: I would like that. Nick Serkaian, 45755 Bloomcrest Drive, Northville: We came before this body six months ago. We appealed to you to allow us to rezone this property so that we could build a six-story building to take care of the needs of the elderly of this community. Primarily, we requested a six-story build- ing but we agreed to a compromise and dropped from six to four. This same body voted nine to nothing and made a recommendation to the City Council for approval . We went before the City Council and had an open hearing. At that first meeting there were four members present. We had a second meeting with Council and subsequent meetings and at all of these meetings we had a great number of the elderly present. They have been coming in car pools to lend support. We were told to have a private meeting to see if we could compromise. We did this. We thought perhaps Hidden Lane might be devaluated but we found this not to be true. And, the problem of traffic--a respected realtor in this area realized we wouldn't be using Hidden Lane but Middlebelt. We also agreed to move the building forward. We even turned the building around to make it aesthetically pleasing and the site attractive, and after six months we now hear of petitions of 500 Christian people opposing it and going to court. We have bent over backwards and if this has to end in court, we may ask for a twenty or thirty story and compromise at fifteen. All we want is four and to make the neighbors happy, we moved the building forward. Now all of a sudden there are more people against this. We have reached the point now that this is as far as we are going to go. We appeal to you to please rezone the property so we can make sixty-six families happy. Mr. Hand: I have to agree with this gentleman that every conceivable compromise has been made and I believe they are entitled to a decision and I suggest we get on with it. Mr. Andrew: The Commission has heard Mr. Hand's conversation about getting on with the matter. Do the other members of the Commission have something to say with regard to voting on the petition or adjourning until the other residents arrive? As one member, unless the residents have something other than numbers, I do feelthe compromises have been admirable and I suggest we vote. Mr. FaIK: We have heard both sides and we always have opposition when we talk about a four-story building. These people are not coming in with sub- rents or governmental restrictions and I think these people should be commended for taking care of their own. I think we should vote. Mr. Andrew: The Chair will rule that we will proceed to hold the public hearing at this time and then adjourn it to go into a voting session. 1 Mrs. Scurto: All the residents were informed of this again? Mr. Persha: That is right. Mr. Andrew: Is there anyone else wishing to speak on this petition? Mr. Persha: Will you guarantee me that our property will not be devaluated? Mr. Serkaian: How much did you pay for the property and what do you think it will be worth in thirty years? Mr. Andrew: This is not germane to the hearing--what his house will be worth thirty years from now. The Chair rules this line out of order and that we continue with the hearing. Henry Makowski : I am representing the Sisters at Marycrest. The only factor I see about this, rezoning is the fact that we have not seen the prints. The traffic lanes were brought to our attention and we would never be objective to the development but we were told the traffic has to be on both sides, adjacent to our property. We are also concerned about the four-story high rise because I understand they can' t fill the present home. But we do object to the traffic situation right though our property unless they come up with a wall . 4 Mr. Andrew: Please inform Sister that questions regarding flow of traffic and drive- ways are questions that will be resolved at the time the site plan is approved for the actual building construction but these are not germane points to be taken up now. The only question tonight is the question of rezoning. And, it was indicated to us by the petitioner that you don' t have to be Armenian to get in that unit. Mr. Makowski : If they do a good job, that is okay with us. There was no one else present 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, seconded by Mrs. Scurto and unanimously adopted, it was #6-85-76 RESOLVED that, pursuant to a Public Rehearing pursuant to Council Resolution #416-76 having been held on Petition 75-11-1-29, as amended, 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-I , the City Planning Commission does hereby recommend to the City Council that Petition 75-11-1-29 be approved for the following reasons: (1) The proposed change of zoning will provide for uses that will be compatible to the surrounding established uses of the area. 1 6060 (2) The proposed change of zoning so as to allow an increase Lin density for housing for the elderly is complemented by the openness of the public park lands located to the west and northwest of the area under petition. (3) The proposed change of zoning will not adversely affect the area from a traffic standpoint for reasons that in- gress and egress is to be taken from the existing site of the Home for the Armenian Aged'and will rely on the circulation system established in connection with that use which system directly relates to Middlebelt Road, a mile thoroughfare. (4) The R-9 Zoning District regulations which contain the pro- vision of site plan approval aredesigned to specifically ensure that the physical development of the property will be regulated so as to ensure compatibility between the new development and that of the established development occurring within the neighboring area. (5) The proposed change of zoning so as to allow housing for the elderly is consistent with the land use policies as adopted by the Planning Commission with respect to housing for the elderly. (6) The site area under petition with its established character and tree cover and its relationship to other institutional I: uses such as Church owned lands to the north, convalescent homes to the east and southeast, and the City owned park lands to the west, has all the qualities to ideally lend itself to good quality senior citizen housing. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer/Eccentric, under date of May 20, 1976 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. *Mrs. Wisler entered the meeting at 8:20 p.m. Mrs. Wisler, Secretary, announced the next item on the agenda is Petition 76-4-1-13 by Philip and Sharron Truan to rezone property located on the north- west corner of Green Lane and Five Mile Road in the Southeast 1/4 of Section 13, from R-1 to P.S. Mr. Nagy: There is a letter in the file from the Engineering Division stating that there appears to be no engineering problems connected with this proposal . Mrs. Fitzpatridc, 15594 Hix Court: Dr. Truan is expected to be here tonight but has not 110 arrived as yet. 6061 Mr. Andrew: We will adjourn the public hearing on this petition for the time being LIthen until the petitioner arrives and it will be brought back later. Mrs. Wisler, Secretary, announced the next item on the agenda is Petition 76-4-1-17 by the City Planning Commission pursuant to Council Resolution #167-76 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. Mr. Andrew: This is a petition pursuant to a Council resolution which will amend the Zoning Map to effect a change of zoning from local commercial to parking. This zoning will probably more appropriately reflect the present use of the property. Is there anyone present wishing to speak for or against this petition? There was no one present wishing to be heard regarding this item and Mr. Andrew, Chairman, __ declared the public hearing of Petition 76-4-1-17 closed. On a motion duly made by Mr. Falk and seconded by Mrs. Friedrichs, it was #6-86-76 RESOLVED that, pursuant to a Public Hearing having been held on June 8, 1976 on Petition 76-4-1-17 as submitted by the City Planning Commission pur- suant to Council Resolution #167-76 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, the City Planning Commission does hereby recommend to the City Council that Petition 76-4-1-17 be approved for the following reasons: (1) The proposed change of zoning will more appropriately reflect the established use of the property. (2) The proposed change of zoning which limits the use to offstreet parking will not adversely affect the surrounding uses of the area as parking uses when properly designed, screened and land- scaped do not adversely affect residential areas. (3) The proposed change of zoning will more appropriately provide for a transitional zone for this area then would otherwise occur with commercial zoning thereby more likely preserving and maintaining the residential uses located further to the west and south. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer/Eccentric, under date of May 20, 1976 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Scruggs, Pinto, Hand, Falk, Wisler, Andrew NAYS: Scurto ABSENT: Kluver Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 6062 Mrs. Wisler, Secretary, announced the next item on the agenda is Petition 76-5-1-19 1[:; by Dembs Roth Management Company to. rezone property located on the east side of Middlebelt Road, south of Morlock in the Northwest 1/4 11 of Section 1 , from RUF to C-1 . t Mr. Nagy: There is a letter in the file from the Engineering Division stating there are no City maintained storm sewers available to service the subject site and a letter from Gerald Fisher of the Clarenceville United Methodist Church stating that they have no objections to the rezoning and would welcome Mr. Konat as a good neighbor. Mr. Andrew: Is the petitioner present to briefly inform the Commission of his reasons for the rezoning request? Dennis Dembs, 17220 W. Twelve Mile Road, Southfield: We are asking for this rezoning for the purpose of constructing on a three-acre site a furniture store to be -— leased by Colonial House Furniture. This is a colonial style building; very unobtrusive, and specializing in colonial type furniture. It will not create additional traffic and because of the way the site is laid out, approximately 300'x395' will remain undisturbed in its natural setting. We have no plans for expansion and there is much parking on the site. Mr. Andrew: The question was raised by the Engineering Division regarding the storm sewer outlet. I presume you are planning on-site retention. Mr. Dembs: Yes, on the south side of the building. li: Mr. Falk: At the meeting, you said you have explained this to the people. Is this the Reverend, the people or the Board? Mr. Dembs: This is the Reverend. After the meeting., I presume the Reverend discussed it with the balance of the congregation. Mr. Falk: You also went on to say that 12% of the land will be used for the building. I presume you explained to the Reverend that it may be 25% if it goes well . And then you will come in for an enlargement and that the green will be your enlargement, is that right? Mr. Dembs: If this building was expanded to the 30,000 square feet, it would be the largest in the State selling this kind of furniture. Mr. Falk: If a year or two from now you came in and wanted- it enlarged, I would say yes, but I don 't want the people or the Reverend to come in and say they had not been told of a possible expansion. We have Newton Furniture and Ethan Allen to the south with the finest furniture in town people can afford. What makes you think that with a competitive furniture store down the road that someone won 't be wiped out? Mr. Dembs: Mr. Konat, who will running this business, has done research and based on the people who shop in his store today, he feels this is the best location. Mr. Falk: I just wanted the people to know this and not wonder when they see the grass go. I am not against you, Mr. Konat or the business but I do see later on this building expanding or up for sale. 6063 Mr. Hand: I raised this question at thF!. study session. The Future Land Use Plan called for, if I am correct and if I am not,. Mr. Nagy, correct me please, residential classifications in this area. At the study session, we dis- cussed some of the alternatives and possibilities of residential develop- ment on those two parcels of land. There seemed little likelihood that that would occur. I indicated support of the petition at that time and I am still indicating support of it. The only thing I would like to suggest to this Commission is that it locks us into a situation regarding the propert to the north. I don 't think there is any way you can avoid entertaining petitions for commercial development on the property to the north and it may take courage to select a less intent and compatible type of commercial develc ment as is being proposed here for that property to the north because Clar- enceville Jr.Highis entitled to some protection from a high-intense type of operation. I think, then, if you support it you should also be prepared to entertain what is going to happen to the south so that you won' t be surprised Barbara Homan, Bookkeeper for Colonial House Furniture: This business has been going for thirty-eight years and we do carry a line competitive to Ethan Allen and it is quality furniture. Because it is an old, established business, our old customers still come in from Novi , Plymouth, Northville, to shop with us. There was no one else wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 76-5-1-19 closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Scruggs and unanimously adopted, it was l #6-87-76 RESOLVED that, pursuant to a Public Hearing having been held on June 8, 1976 on Petition 76-5-1-19 as submitted by Dembs Roth Management Company to rezone property located on the east side of Middlebelt Road, south of Morlock in the Northwest 1/4 of Section 1 , from RUF to C-1 , the City Planning Commission does hereby recommend to the City Council that Petition 76-5-1-19 be approved for the following reasons: (1) The proposed change of zoning so as to provide for C-1 , local business uses, will not adversely affect the surrounding established uses of the area. (2) The area of the proposed rezoning is of sufficient size so as to accommodate local business uses. (3) The location of the area under petition, given its proximity to adjacent institutional uses such as Clarenceville Junior High School , Clarenceville Methodist Church and its frontage on a heavily travelled thoroughfare, is such that local business uses are reasonable for the property and would provide for good development in relation to both the thoroughfare and the pro- tection that is needed for the residential lands located to the east. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer/Eccentric, under date of May 20, 1976 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. 6064 Mrs. Wisler, Secretary, announced the next item on the agenda is Petition 76-5-7-1 by the City Planning Commission to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to delete I: property located on the south side of St. Martins Avenue immediately east of McNamara Towers I and II in the Southeast l/4 of Section 2. Mr. Nagy: There is a letter in the file from the Department of Parks and Recreation stating that the Parks & Recreation Commission at its meeting of June 7, 1976 passed a resolution recommending the removal of approximately 4.5 acres in Section 2 known as a Senior Citizen 's Park from the Master School and Park Plan. Virgil Huey, 15475 Auburndale: That section of land belongs to the park and the senior citizens can' t cross over that area to go to the Mall . It would be better if it is developed for senior citizen housing because it is needed, there is no doubt about that, and it would eliminate that situation which exists now. I am in favor of this. Gloria •Mahn, 30018 St. Martins: I live on an unpaved road and there have been petitions to pave it and we have turned them down because it will become a speedway if it is paved. Will we have to have that road paved if senior citizen housing goes up there? Mr. Nagy: The question of paving is being evaluated right now by the City Council and Engineering Division but I can' t say whether or not a decision has been made at this time but it is being looked at. 1[0 Mrs. Mahn: Is the entire area going to be stripped of trees as when the other went up? Right now we have a beautiful forest and animals there. It has already been staked and there is a bulldozer there. How can this be done before the petition is approved? Mr. Nagy: It is legal to stake land before a petition is taken up. Mrs. Mahn: Do we have to wait for a site plan before we protest the taking down of the trees? Mr. Andrew: That would be taken up at the time of site plan approval . Mr. Nagy: I realize it is a matter of site plan but if you look at the size of the property before us you see a size twice the area that the City has now. So we have more land to deal with and less of the site area has to be disturbed and a greater chance that existina trees will be saved. Knowing this Com- mission and the experience over the years they will make every effort through site plan approval to save trees that are there. Mr. Falk: Did I understand that they are bulldozing? Mr. Feinberg: There is a paragraph in their option that they be allowed to take borings at their expense. Ben Wenson, 30010 St. Martins: Mrs. Mahn has indicated a traffic problem. We have had a problem_ since the Mall went up with traffic and we see a greater problem. We are concerned about the exit on St. Martins. Ras that been taken care of on the site plan? I think it involves rezoning and that is what this is. Mr. Andrew: No, this is not a rezoning; that is the next item on the agenda. bvtii:7 Mr. Wenson: Well , if we can go into it now, we might not have to go into the next one. I would just as soon have it stay this way; park and school . 4 Carolyn Elliot, 30333 Fairfax: I was the one that took the petition around and I must have missed this gentleman but talking about beautiful land. . . it is just an eyesore and lover's lane. Everyone will be a senior citizen one day and I am speaking for this. It has taken senior citizens too long to get what is coming to them. On a motion duly made by Mr. Scruggs, seconded by Mr. Hand and unanimously adopted, it was #6-88-76 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931 , as amended, the City Planning Commission of the City of Livonia, having duly held a Public Hearing of June 8, 1976 for the purpose of amending Part V of the Master Plan of the City of Livonia, entitled "The Master School and Park Plan", the same is hereby amended so as to delete 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, subject property being legally described as follows: Lot 496 of Supervisor's Livonia Plat No. 8 as recorded in Liber 66, Page 59 of Wayne County Records, said plat being part of the North 1/2 of the Southeast 1/4 of Section 2. T. 1 S. , R. 9 E. , Livonia Township (now City of Livonia) , Wayne County, Michigan and That part of the Southeast 1/4 of Section 2, T. 1 S. , R. 9 E. , Livonia Township (now City of Livonia) , Wayne County, Michigan, described as beginning at a point distant S. 01 ° 58' 52" East 1336. 16 ft. and North 87° 43' 30" East 348.98 ft. from center 1/4 corner of Section 2; thence North 87° 43' 30" East 309.79 ft. ; thence South 02° 10' 35" East 289.00 ft. ; thence S. 87° 43' 30" W. 310.77 ft. ; thence North 01 ° 58' 52" West 289.00 ft. to the point of beginning, for the following reasons: (1) The Parks and Recreation Commission, pursuant to a communication dated June 7, 1976, supports the amendment. (2) The proposed park site is not needed in that the senior citizens housing site development has been so planned so as to provide for the open space and recreational needs of the senior citizens. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of the Master School and Park Plan of the City of Livonia which is incorporated herein by reference, the same having been adopted by resolution of the City Plan- ning Commission with all amendments thereto, and further that this amend- 10 ment shall be filed with the City Council , City Clerk and the City Plan- ning Commission and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Wisler, Secretary, announced the next item on the agenda is Petition 76-4-1-18 1[: by the City Planning Commission pursuant to Council Resolution #316-76 to rezone 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, from P.L. to R-9-III . Mr. Kluver entered the meeting at 9:00 p.m. Mr. Andrew: Will the representative from Forest City Dillon please explain your proposal? Bernard Harr, Regional Development Manager for Forest City Dillon: This is a proposed site plan still subject to approval by the City Planning Commission. What you see here represented in color is land represented in the side yard; St. Martins is at the top and the existing McNamara Towers being at the side (so indicated on plan) . I heard the previous comments and we do have the same sensitivity in preserving as much of the site as possible. The building is set about 40% to the rear of the lot behind the front building of McNamara Towers. This land is low and has many trees and it is our idea to leave it in its present state. The only change we hope to make is to raise the grade without destroying the trees. The parking is in the rear of the buildin, There is nothing aesthetically unappealing to the site. There is a sligh possibility for additional parking at the side but we believe the park- ing in the rear would be more than adequate. 1[0 The proposal is for 140 elderly units, all one bedroom. Statistically, in this building 80% of all units will be occupied by one person; widows. We might expect, then, 180 elderly people who do not create turmoil or confusion or traffic in an area. The useage of cars on a national level is about 30%; that is, one out of three own a car. If they own a license when they move in, it is not too often when it is renewed. The pedestrian traffic calls for going down St. Martins. We will pursue later developing a path from the rear of the site into the Center. We have done that before. The landscaping is not detailed on this plan but the sites are attended to in landscaping and we believe this will upgrade the area rather then downgrade it. Mr. Wenson: We have two senior citizen projects there now. The people don't drive themselves but they all have children who drive and traffic is a problem. I would like to see if you could get the exit going out of the existing senior citizen building where the road is paved. Mr. Harr: We have discussed with the Housing Commission about tying the two pro- jects together as one complex but not exiting on St. Martins but the City would be remiss if they allowed us to build without a safety access. Mr. Hand: The ingress and egress primarily will be determined by the Police and Fire Departments in the best interest of the people in the area. In many respects you will find this body and the City Council accepting recommendations from those two expert Departments. 6067 Boyd Hutchinson, 19384 Milburn: I am interested in the height and relative size compared 1[0 to McNamara Towers. Mr. Harr: This building is eight stories which would relate to about 80' . One McNamara building is 90' so this would_ be low, and I would say we would be covering about 12,000 square feet. Mr. Hutchinson: What are the number of units in McNamara Towers? Mr. Jennings: Each has 81 units. Mr. Falk: Mrs. Mahn says there are some pieces of equipment destroying the trees. Is that true? Mr. Harr: In our option, we have permission to take soil borings. We have done no clearing on the land. That would be presumptive. Mrs. Mahn: There was a backhoe and loader there. Mr. Scruggs: I circled the site yesterday and I didn 't notice anything being done on the land or any machinery. I am sure they are just testing the soil . Mr. Falk: If there are trees there that you would like to save, there are people who will help you mark them and there is power of people in that area. I think you should meet with them but don't wait until the trees are down. IF Mr. Harr: A total architectural survey of the site is done and given to architects to relate to the project when the plans are drawn. If a tree exists, 110 unless it is in the middle of. a parking lot, we will not touch it. Mr. Andrew: Can you indicate the setback of the building from St. Martins? Mr. Harr: The total depth of the lot is 596' and we are dealing probably with a 200' plus setback. That is also subject to approval by this Commission. Linda Wenson, 30010 St. Martins: I am not opposed to the building but if it is going to open on our street, the senior citizens do walk from the buildings to the Mall and the sidewalks are icey so the senior citizens walk in the middle of the street. It is very dangerous especially when you back out of your driveway. With two buildings, we will have more and you have to be careful with these people because they do walk up and down in the middle of the street. If you are not in there, you do not see it but the traffic can be a hazard to these people. Mrs. Friedrichs: I would like to urge Mr. Harr to incorporate if possible a well developed and hopefully maintained sidewalk from the area back to the Mall rather than having the senior citizens walk around like they do now. Mr. Harr: There is a walk on St. Martins and we are considering a walk from the back but it is the property owner's responsibility to clear the side- walk and we will be good citizens and keep ours clear. Mr. Andrew: Mr. Jennings, do you have people up there to clear the walks or is it a matter of budget? t ,,w 1_) Mr. Jennings: It is a matter of budget and I think that is a good suggestion that the property owners keep the walk clear and that a walk be opened up from the back of the new project. I don't think then that we' ll need to use St. Martins at all . i Mildred Wieland, 30295 Seven Mile Road: I think part of the problem is that there is no City ordinance on clearing the sidewalk. Our Commission brought this to the attention of the Council with regard to a business in the City before. I think we need an ordinance passed in 'the- City that people have to clear their sidewalks. Mr. Andrew: Counsel indicates that we do have an ordinance like that. Mr. Feinberg: I am not addressing myself to the City's enforcing an ordinance like that over thirty-six square miles but the City has such an ordinance. __ Mr. Hutchinson: What plans are there for additional street traffic in the area. Isn' t the City contemplating putting in something like a ring road? Mr. Andrew: The Ring Road exists on the Master Thoroughfare Plan only and you and I will probably be in that building before the road is put in. Mr. Hutchinson: Who owns the property zoned RUFA and what does that zoning mean? Mr. Andrew: RUF is a rural-urban-farms zoning requiring one-half acre for develop- ment and it is owned by Klein & Shenkman. The other piece is owned by the Archdiocese of Detroit. If we build a path from the proposed build- ing through the property of the Archdiocese to the Center, we will be faced with the problems of safety; robbery. I There was no one else wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 76-4-1-18 closed. On a motion duly made by Mr. Hand, seconded by M s. Friedrichs and unanimously adopted, it was #6-89=76 RESOLVED that, pursuant to a Public Hearing having been held on June 8, 1976 on Petition 76-4-1-18 as submitted by the City Planning Commission pur- suant to Council Resolution #316-76 to rezone 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, from P.L. to R-9-III , the City Planning Commission does hereby recommend to the City Council that Petition 76-4-1-18 be approved for the following reasons: (1) The proposed change of zoning is an extension of an existing R-9, Housing for the Elderly, Zoning District. (2) The proposed change of zoning will provide for uses that are consistent with and compatible to the surrounding and established uses of the area. (3) The proposed change of zoning so as to allow housing for the elderly is consistent with the land use policies as adopted by the Planning Commission with respect to this area. 6069 (4) The R-9-III Zoning District regulations, containing the provision of site plan approval , are designed to specifically ensure that the physical development of the property will be regulated so as to ensure compatibility between the new development and that of the IL established development occurring within the neighboring area. (5) The site area under petition with its established natural character of topography and tree cover, its relationship to other institutional uses such as Church lands to the south and other senior citizen housing to the west, and its proximity to major shopping, public transportation and supporting services, has all the qualities to ideally lend itself to good-quality senior citizen housing. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer/Eccentric, under date of May 20, 1976 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. Mrs. Wisler, Secretary, announced the next item on the agenda is Petition 76-5-2-7 by the Livonia Trade Center requesting waiver use approval to construct a restaurant on property located on the south side of Eight Mile Road between. Middlebelt Road and Brentwood in the Northwest 1/4 of Section 1 . Mr. Nagy:1[0 There is a letter in the file from the Engineering Division concerning storm drainage for the site. i 4 Patrick J. McPharlin, 31201 Schoolcraft; petitioner: It is our purpose to build a specula- tive commercial building of 24,000 square feet. The building will house several tenants of varying use and it is our intent to have an approx- imate footage of less than 25% devoted to food service. We have dis- cussed at length with several people their interest in locating tenants in this area but nothing is definite as yet. Mr. Andrew: You have not supplied any site plans to the Commission. Mr. Nagy: We have an overall site plan of the overall shopping center but nothing specifically related to the restaurant. The plan is mounted if the Commission would like to see it. Mr. Andrew: You are proposing ingress and egress for Middlebelt Road and Eight Mile Road. Mr. McPharlin: That is right. Mr. Andrew: Do you own the property? - Mr. McPharlin: The property is being leased in its entirety. Mr. Hand: I think and hope that you appreciate that, based on the information that IL we have at this point and a picture of a rectangular piece of property, it makes its extremely difficult to attempt to analyze whether or not this kind of development ip in the best interests of this community. I • 6070 can' t do that, frankly. I am not inclined to give you a waiver use unless you are willing to prepare an attractive plan and show that there will be no problems with ingress and egress to that site because I think you will have a horrendous problem. A right or left turn on West Eight Mile Road on Middlebelt has problems. This is the border between this City and Farmington. I am looking for something extremely attractive, not just a block shopping center so I am going to suggest that I am not in a position to make a judgment nor do I want to prejudge it but you have a lot of work to do to make a presentation whereby you will have to sell us as to what is in the best interests of this City. Mr. Falk: Ingress and egress will be a very important factor as to how I vote because this is a very important road. I suggest you talk with Mr. Nagy and get something good to come in here with because the first thing to go in there will more or less set the stage for the rest of it. I agree with Mr. Hand and would appreciate it if you would discuss this with Mr. Nagy. Alexander Spiro: I am the owner of the Dorvin Convalescent Home and I appreciate that something has to be done with the vacant land but I think the Commission should be concerned with the health care facility abutting this land. The entrance and exits coming off Middlebelt Road; if you put a strip of stores there, there willbe a driveway for trucks making deliveries which will create noise and you have ill and sleeping patients here. We are concerned with the cleanliness in the back of the area; if there is to be a restaurant, what type of restaurant. . . whether it will be 1[ a round-the-clock restaurant; where it will be located on the site. I suggest that these things be taken into consideration. 4 Mr. Andrew: Thank you, Mr. Spiro. We will let you know when we take this up at a study meeting. Perhaps a little additional screening could be provided for the benefit of those residing in the convalescent home. Mr. McPharlin: I appreciate what Mr. Hand is saying but the problems we have in the City of Livonia is that this (Commission) actually functions as an arm of the City and we try to develop what the public wants . If we don't build what the public wants, we suffer. We feel this particular location has a number of things going for it that enhance its development. It would be nice to be able to come up with a plan and say that is what we are going to do but we don't want to say that is what we are going to do and be shut down. We ask for direction because we are concerned with the marketplace and I would be happy to entertain any direction from the Planning Commission. When you get involved with a commercial center and all the requirements so that people going in can make it a viable opera- tion, we can' t always have the aesthetics that we might want because it doesn't become marketable. Somewhere we have to come to a compromise. We could put in a shopping center without a restaurant. We are not talk- ing about a large space; it is only 24,000 square feet, however, a res- taurant of 3,000 to 4,000 square feet is usually satisfactory. We would like to anticipate what we are going to do with regard to the restaurant. We have some architectural plans and elevations prepared but we feel at this particular stage -- - would the Planning Commission look favorably IL on a restaurant in this location? Is there an objection to a restaurant in this location for a reason other than the appearance of the building? If that is the case, hopefully something could be worked out. • 6071 Mr. Falk: You ask for direction. As a member of this Commission, I can't make a decision until I find out what you are planning to do. Also, we have had an influx of restaurants in Livonia almost like we had with gas stations. People object to restaurants even when we had a man who would J give us almost anything we asked for. I think we have to have you come in and tell us what you want to do. If you put a shopping center on Eight Mile Road, I would say you will go right down the drain on account of the traffic. And, you haven' t heard yet from the people around there or the feeling of the Council and administration. -If you want to pursue this, I suggest you get with Mr. Nagy on it and when you are ready, come back to the Commission with your plans. Mr. Pinto: I guess at this point it is a matter of curiosity on my part but your site on the map seems to leave an L-shaped strip. By that I mean a portion of 347A2 between your site and the gasoline station site. That L-shaped piece seems to indicate maybe 45 - 50 feet between your site and the gasoline station site. The gas station site is 347A1 , the L- shaped piece around that site, 347A2. Does your proposed site extend all the way to the gas station site or is there something between? Mr. McPharlin: There is something between. The entire parcel is leased by Boron Oil and leased to us; not the portion dotted. They have given us a license to use that land. I don't know specifically what is in their minds on that piece. Mr. Pinto: But the possibility exists that if you were to develop your site with the existing development of a gas station, there could conceivably be 1 il a very long, L-shaped development between your site and the gas station. Mr. McPharlin: I would say if there was any reason to develop, it might be in regard 4 to a car wash. Mr. Pinto: But Boron Oil did not include that in the lease. Mr. McPharlin: That is right. Mr. Pinto: I think more study should go into this; the question is still there re- garding the L-shaped piece. There was no one else wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 76-5-2-7 closed. On a motion duly made by Mrs. Friedrichs, seconded by Mr. Falk and unanimously adopted, it was #6-90-76 RESOLVED that, pursuant to a Public Hearing having been held on June 8, 1976 on Petition 76-5-2-7 as submitted by the Livonia Trade Center requesting waiver use approval to construct a restaurant on property located on the south side of Eight Mile Road between Middlebelt Road and Brentwood in the Northwest 1/4 of Section 1 , the City Planning Commission does hereby determine to table Petition 76-5-2-7 until the Planning Commission Study Meeting of June 15, 1976. 1i 1 Mr. Falk: Is that enough time for the petitioner to get his drawings and meet with Mr. Nagy? If not, move it to the second Study Meeting. Mr. McPharlin: We can make the June 15th meeting. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. { Mr. Andrew announced that the public hearing on Agenda Item No. 2 would be continued at this time. Philip Truan, 31410 Joy Road, petitioner: I propose to take the little frame-roof house and convert it into a medical office. Mr. Andrew: I presume you have an office now on Joy Road and would be relocating? Dr. Truan: Yes. Mr. Andrew: Are you aware that that house would have to be upgraded to meet the Building Code of the City of Livonia. Dr. Truan: Yes. Mr. Hand: Can I ask why you selected a site right in between two dwellings to the east and two dwellings to the west? Dr. Truan: The site has area for parking which I don' t have in my present office. The reason for the location is that the dwellincson the east are deserted hollow shells and nobody lives in them. The one immediately west, some- one lives in. Mr. Hand: How old is that structure? Dr. Truan: About twenty years old. ti Mr. Hand: You weren't present at the study meeting and I took an opposing view of this location. Five Mile Road going west from Inkster is somewhat of a hodge-podge type of development. We have entertained petitions on the south side involving multiples and commercial strip shopping centers and really, there is not a pleasing type of development on Five Mile. My point was then and is now that if you develop at that location, the property going east to the gas station ultimately has to develcpcommercial What will happen to the property west, I don 't know. I would be very happy to support you on the end piece of property to the west, but I have reservations when you pick out the middle when you consider what happens on each side. What I am saying is that I am not going to be with you tonight on this. Mr. Falk: I always refer to the Future Land Use Plan so that people can't say we are negative when they make their request. When you come in and build between two houses, it is just a matter of time until you pick up the pieces on each side and that is the beginning of a commercial frontage. I think it would be good for you to go into the Planning Department and see what the City is planning. What you do on that side of the street will reflect on the other side. We don't want that to go commercial ; we want it to stay residential . I am against that location and can't go along with you. Mr. Scruggs: Have you given any thought to locating up around Five Mile and Levan around St. Mary where there are other medical offices already established? I don' t understand your motives for locating in this area. Dr. Truan: There are no doctors in this area and I am not interested in St. Mary's 6073 or any heavy traffic area. My practice is already built and I am not going into abortions or anything like that. This is a good area and if you would drive past this site you would obviously see that and this house is a very solid structure and has been lived in until I made this deal recently. My motive is that this is nearer to my home. I scouted out this area very well and I don' t think being cramped up with other doctors is the best. I have a lot of patients in that area in all directions. I have been on the corner of Joy and Merriman for seven year I am a general practitioner and do not work nights or week ends. I am a family doctor and want to be in the area of my patients and I don 't think a general practitioner interferes with any homes at all . Mr. Pinto: With regard to the Master Plan, we have already proven the flexibility of that Plan tonight. With regard to the location of the property and relation to the zoning east and west, it is true there are two dwellings to the_ west and two to the east but the five dwellings are situated in the middle of commercial zoning which is situated on either side of Five Mile Road. With regard to the comment of Mr. Hand that if the parcel under consideration were two lots to the west he might look at if differ- ently . . . in my opinion, holding the R-1 zoning on the several narrow residential lots which now exist between C-2 on the east and C-1 on the west is wishful thinking. I find it more desirable that the parcel under consideration and for which P.S. is being requested, not commercial , is in the middle because being situated in the middle of the several R-1 lots, it would buttress the possibility in the future that all of the • parcels would go professional and not commercial . All of my comments are on the thought that that property will not stay R-1 between C-1 and C-2 as it is so without regard to the particular kind of practice he proposes, looking strictly at the Zoning Map, I find nothing objectionable about it. Mrs. Friedrichs: I went past that location several times and I think this development will upgrade the area. I am very much in favor of putting a professional service there. I don' t see any reason to tearing down a building; it would be wasteful . I am very much in support of a small, private practice coming in there and a small , renovated building would be an excellent buffer. Mrs. Scurto: I am very much in favor of your renovation. Dr. Truan: There is a full footing with attached garage, no basement, but a lot of available space. I am aware that I will have to upgrade the house. Mrs. Wisler: Does the same person who owns this property own both the parcels to the west? I am concerned bout the depth of the parcel to the west. Dr. Truan: I do not know. Mrs. Fitzpatrick, 15594 Hix Court: I think Dr. Truan is a good doctor and I believe that he can do nothing but improve this building. We have a lot of senior citizens and we need doctors. On a motion duly made by Mrs. Scurto and seconded by Mrs. Wisler, it was 4 . 6074 #6-91-76 RESOLVED that, pursuant to a Public Hearing having been held on June 8, 1976 on Petition 76-4-1-13 as submitted by Philip and Sharron Truan to rezone property located on the northwest corner of Green Lane and Five Mile L Road in the Southeast 1/4 of Section 13, from R-1 to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 76-4-1-13 be approved for the following reasons: (1) The proposed change of zoning so as to provide for professional office uses will create a buffer and thereby screen the-adjacent residential neighborhood to the north from the adverse affects of the heavily travelled mile road. (2) Professional office uses and the professional service district regulations are so designed so as to provide for uses and site standards that make buildings and uses compatible to established residential areas. (3) The proposed change of zoning will create a transitional zone for this area of Five Mile Road so as to protect the residential neighborhood from any further encroachment of commercial develop- ment. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer/Eccentric, under date of May 20, 1976 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Hand, Kluver, Friedrichs, Scruggs, Pinto, Scurto, Wisler, Andrew NAYS: Falk Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Wisler, Secretary, announced the next item on the agenda is a request for release of bonds posted in connection with Petition 75-5-5-2 as submitted by Leo Volpe requesting to remove topsoil from property located north of Six Mile Road between the 1-275 Freeway Ramp and Haggerty Road in the Southwest 1/4 of Section 7. Mr. Nagy: There is a letter in the file from the Chief Building Inspector stating that the grading is acceptable to the owner of the property and that the Engineering Department has no objection to the release of the bonds therefore the Bureau of Inspection recommends their release. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted, it was - #6-92-76 RESOLVED that, pursuant to the recommendations and report of the Bureau of Inspection dated May 6, 1976, the City Planning Commission does 110 herein authorize the release of the Surety Bond in the amount of #37,000, submitted by Jack Anglin for B & V Construction Company, 42750 Grand River, Novi , Michigan, and the Cash Bond in the amount of $3,700, Receipt No. 27981 , posted in connection with topsoil re- moval operations performed under Petition 75-5-5-2, Permit #129; it 6075 appearing from the above report that all Ordinances, rules and regula- tions have been complied with and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. ti' 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 #6-93-76 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, the City Planning Commission does hereby recommend to the City Council that Petition 76-5-8-8 by Wabeek Properties, Inc. , requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to construct a branch banking facility of the northeast corner of Plymouth and Middlebelt Roads in Section 25, be approved subject to the following conditions: (1) that Site Plan #76-3068, Sheet C-1 , prepared by Austin Engineers, Inc. , which is hereby approved except for the free-standing sign shown thereon, shall be adhered to; (2) that any signs proposed to be erected on the site shall be sub- mitted to the Planning Commission for approval ; (3) that Building Elevation Plan #67-3068, Sheet A2, prepared by Austin Engineers, Inc. , which is hereby approved with the added condition however, that all roof-mounted cooling units shall be screened, shall be adhered to; (4) that Landscape Plan dated April 1976, prepared by Goldner-Wash, Inc. , which is hereby approved, shall be adhered to; (5) that all landscape materials as shown on the approved Landscape Plan shall be installed before issuance of a Certificate of Occupancy; and (6) that all landscape materials installed on the site shall be permanently maintained in a healthy condition. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Pinto, seconded by Mr. Hand and unanimously adopted, it was #6-94-76 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, the City Planning Commission does hereby approve Petition 76-6-8-11P by D. M. Associates requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to construct office buildings on the north side of Five Mile Road between Hubbard and Ingram in Section 15, subject to the following conditions: (1) that Site Plan #76-5, dated 6/4/76, prepared by Lindhout Associates, Architects, which is hereby approved, shall be adhered to; 6076 (2) that Building Elevations as chown on Plan #7605, Sheets #2 1: and #3, dated 6/4/76, prepared by Lindhout Associates, Archi- tects, which are hereby approved, shall be adhered to; (3) that the Landscape Plan as shown on Plan :#.7605, Sheet #8, dated 6/4/76, prepared by Lindhout Associates, Architects, which is hereby approved, shall be adhered to; (4) that all landscaping shall be installed on' the site before issuance of a Certificate of Occupancy; and (5) that all landscape materials installed on the site shall be permanently maintained in a healthy condition. 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 and unanimously adopted, it was #6-95-76 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, the City Planning Commission does hereby recommend to the City Council that Petition 76-6-8-11 by Jerome Bookstein requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to remodel fronts of existing commercial stores located on the south side of Plymouth Road between Middlebelt and Harrison Roads in Section 36, be approved subject to the following conditions: (1) that Site Plan dated 12/10/75, prepared by Harold E. Eskovitz, Architect, showing a revised parking arrangement, which is hereby approved with the added condition however, that all parking stalls shall be 10' x 22 ' , shall be adhered to; (2) that any new signs shall be limited in size, location and area to that as shown on the approved Sign Plan prepared by Goodman Sign Company; (3) that the painted wall signs be removed from the west wall of the building and only directional signs indicating customer parking shall be allowed; (4) that the existing roof-mounted signs shall be removed; (5) that the building elevations as shown on the Plan dated 6/7/76, prepared by Harold E. Eskovitz, Architect, which is hereby approved, shall be adhered to; (6) that the Landscape P'an as shown on the approved Site Plan dated 12/10/75, prepared by Harold E. Eskovitz, Architect, which is hereby approved with the added condition however, that the pro- posed trees shall be 2" dia. minimum; and (7) that all landscape materials as shown on the approved Landscape Plan shall be installed before October 1 , 1976 and thereafter permanently maintained in a healthy condition. 1 vunimmumeni 6077 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 #6-96-76 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, the City Planning Commission does hereby recommend to the City Council that Petition 76-6-8-10 by Marvin Bookstein for Ace Furniture Company request- ing approval of all plans required by Section 18.47 submitted in connection with a proposal to make exterior modifications to an existing commercial building located on the south side of Plymouth Road between Middlebelt Road and Milburn in Section 35, be approved subject to the following con- ditions: (1) that Building Elevation Plan dated 5/3/76, prepared by Harold E. Eskovitz, Architect, which is hereby approved, shall be adhered to, and (2) that the Sign Plan prepared by Goodman Sign Company which is hereby approved, shall be adhered to. 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. Falk, it was 6-97-76 RESOLVED that the minutes of the 310th Special Meeting held by the City Planning Commission on May 25, 1976, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Scruggs, Scurto, Hand, Falk, Wisler, Andrew NAYS: None ABSTAIN: Friedrichs, Pinto Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 315th Regular Meeting and Public Hearings held by the City Planning Commission on June 8, 1976, was adjourned at 10:40 p.m. CITY PLANNING COMMISSION S-4)-----,----"---e---/ J'—'1/4-4-61-e--'0 uzne T. Wisler, Secretary CV01/ �- r ATTEST: .�12,,G'—e� � S.�r_t�/ Daniel R. Andrew, Chairman Esther Friedrichs, Acting Secretary ac:6/l4/76 {