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HomeMy WebLinkAboutPLANNING MINUTES 1976-11-09 1.' . 62u MINUTES OF THE 324th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA 1 On Tuesday, November 9, 1976, the City Planning Commission of the City of Livonia held its 324th Regular Meeting and Public Hearings in the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. William F. Scruggs, Vice-Chairman, called the Public Hearings and Regular Meeting to order at 8:08 p.m. , explaining to the approximately 8- persons in the audience that the two officers of the Commission Mr. Daniel R. Andrew (Chairman) and Mrs. Suzanne Wisler (Secretary) were expected to arrive at the meeting shortly, just having finished City business in Virginia promoting Livonia as the "All American City" . Members Present: William F. Scruggs Judith Scurto Jerome Zimmer Esther Friedrichs Joseph J. Falk Members Absent: Daniel R. Andrew* Suzanne Wisler* William DuBose* Herman Kluver Messrs. John J. Nagy, Planning Director; Ralph H. Bakewell, Planner IV; H G Shane, Assistant Planning Director and Robert M. Feinberg, Assistant City Attorney, also were present. Mr. Scruggs then informed the audience that if a petition on tonight's agenda involves tia question of rezoning or vacating, this Commission only makes a recommendation to the City Council, and the City Council, after holding a Public Hearing, then makes the final determination as to whether a petition is approved or denied, and if a petition for a waiver of use request or a site plan is denied, the petitioner has ten days in which to appeal the decision to the City Council. Mrs. Scurto, Acting Secretary, then announced the first item on the agenda is Petition 76-10-1-33 by the City Planning Commission on its own motion to rezone property located on the north side of Broadmoor between Middlebelt Road and Harrison in the Southwest 1/4 of Section 13, from RUF to P.L. Mr. Scruggs: Mr. Nagy, any correspondence in the file re petition? Mr. Nagy: No correspondence in the file. Mr. Scruggs: I would like to point out to the audience that these first four petitions are petitions calling for the rezoning of property that have come up by the Planning Commission on its own motion - property that is owned by the City and/or the School Board that is presently zoned other than Public Land. Is there anyone in the audience who wishes to speak either for or against this petition? H. F.House: I would just like to know what various usages will be put into effect 29229 Broadmoor if this property is rezoned Public Land. The Zoning Book lists many uses, and I would like to know how this rezoning will effect those people who live in this farm community. There is a rural zoning at present - and we want to know what will be done to this land? 4 Mr. Scruggs: Mr. Nagy, are there any plans for any paving in this area? i Mr. Nagy: Presently, the City has no plans to pave Broadmoor Avenue. As far as the park site is concerned there are no specific plans to develop the land. Ultimately, it may be used as a playfield, but this is all. T I a 6201 ILMr. House: But what uses could be made of it? Public buildings, City halls, parks, skating rinks, etc.? Mr. Nagy: No, this land is not appropriate for these purposes. The land is strictly limited to parks and is so designated on the Master School & Park Plan of the City of Livonia. Mr. House: What assurance do we have of that? If it is rezoned, it could be used for these purposes. Mr. Nagy: The Master Land Use Plan, as well as the Master School & Park Plan specifically designates that this parcel be used for Parks & Recreation purposes. Mr. Scruggs: It is the intention of the Master Land Use Plan to show this as park usage for the City of Livonia. Any request for a change would never get through this Commission or the City Council. • Mr. House: You say 'that this motion is strictly to change the zoning to Public Land. Do we have any firm assurance that this land will never be developed? Mr. Scruggs: No, I cannot give you any such assurance at this time, but the Master Land Use Plan does state that this parcel is to be used as a park. 4 Mr. House: Without some definite restrictions as to what might be developed in this area, I am strongly opposed to the rezoning of this land. Joseph A.Pepin:. As the gentleman before me stated, I also wish to oppose the rezoning 4 29106 Broadmoor of this property. Not knowing what the City has exactly in mind regarding this land, please put me on record as being opposed to this rezoning. A. Katowski: I feel that we do not need a park. I am definitely opposed to another 29163 Broadmoor park. Mr. Scruggs: It is the intention of the City for this land to be used as a park eventually. All we are doing here is putting our paperwork in proper order. Mr. House: In the middle of the block, out of the way of everything, I do not see why we need a park. Everyone in this area has an acre of land. We don't need another park. Mr. Scruggs: It is very unlikely that this land will be developed in the near future. Mr. Katowski: I hope that it will not be done during my lifetime. Mr. Scruggs: Anyone else here who wishes to speak for or against this petition? Mrs. Friedrichs: I would like to ask the neighbors how this land is currently being used. Do the local children play ball here, or what? e Mr. Katowski: There is a racetrack here for motorcycles and snowmobiles. 4 4 Mr. Scruggs: Is it an open field? Mr. Katowski: Yes, an open field with a track around it. 620,, Mrs. Friedrichs: Is it simply used by the neighbors, or is it an official track? 1[0 Mr. Katowski: No, just the people who live around here. At this time, Mr. Scruggs declared the Public Hearing on Petition 76-10-1-33 closed. On a motion duly made by Mr. Zimmer, seconded by Mr. Falk, and unanimously adopted, it was • #11-213-76 RESOLVED that, pursuant to a Public Hearing having been held on November 9, 1976 on Petition 76-10-1-33 as submitted by the City Planning Commission on its own motion to rezone property located on the north side of Broadmoor between Middlebelt Road and Harrison in the Southwest 1/4 of Section 13, from RUF to P.L. , the City Planning Commission does hereby recommend to the City Council that Petition 76-10-1-33 be approved for the following reasons: (1) The property in question is owned and operated as a City park site and all City owned land used for public purposes should be zoned in the public land classification. (2) The proposed zoning change is needed to have the Comprehensive Zoning Map reflect the public ownership and public use of the property. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/21/76 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company, and all City Departments as listed in the Proof of Service. Mr. Scruggs, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Zimmer: I think we should point out to the audience that•this action is being taken for the sole purpose of putting City property into its right classification. The Master Land Use Plan calls for this property to • be used as a park - what we are doing here is merely a housekeeping chore. The Acting Secretary announced the next item on the Agenda is Petition 76-10-1-34 submitted by the City Planning Commission on its own motion to rezone property located on the south side of Puritan between Henry Ruff and Middlebelt Roads in the Southeast 1/4 of Section 14, from RUF to P.L. Mr. Scruggs: Mr. Nagy, any correspondence in the file re petition? Mr. Nagy: No_correspondence. Mr. Scruggs: Again, this is a petition submitted by the City Planning Commission on its own motion to rezone a park site known as Golf View Park from its present RUF zoning to P.L. It is a park site which contains 12.9 acres of heavily wooded land, and the Parks'& Recreation Department state that it will be left in its natural state. Is there anyone in the audience who wishes to speak for or against this petition? ! John Russell: My objection is based on the fact that there is an extremely limited 4 15530 Oporto ingress and egress to this property, and I feel that it should remain RUF. As you willnotice, one entire side of the area borders on the backyards of those people who live on Oporto, the northeast corner is residential; and the entire west side is private property, as well as the south side. The only ingress and egress is approximately 100' on Puritan. So whatever use is intended for this land, there is definitely no accessibility to it. J IIj Mrs. Scurto: I think that there definitely is a communications problem here. These lands as they now stand should be labeled Public Land. If they are left in the present zoning classification,they could be developed as opposed to being left in their natural state. I just don't understand why these residents are so fearful. They have our assurance that the land will remain natural - no development will take place on this property Resident: I just want to say that we are opposed to having this land developed 15674 Oporto: into a park, and I have a petition here with 53 names on it who support me. The people whose names are on this petition are very much against having this land developed into a park. Mrs. Friedrichs: I suppose I am being repetitive, but I just want to say to these people that the City Parks & Recreation Department claim that nothing is going to be done to this land. It will be left exactly as it is now. It will not be developed in any way. There will be no ingress or egress to or from this area. There won't be any encouragement of the public to use it. Tonight, this is just a matter .of rezoning this park into its proper classification. The same is true of the other property. It will be left in its natural wooded state. J. Wakeman, Jr. I would like to request the Commission to directly define "Public Land", could the definition be read directly to our group, and also, if any individuals were opposed to such rezoning, what means do they have to voice their opposition? Mr. Scruggs: This item will come before the City Council. J Mr. Nagy: Our recommendation is submitted to the City Council. The residents will have an opportunity to explain their views before the Council. R Mr. Wakeman: Will there be a Public Hearing. Mr. Scruggs: Yes, the City Council will hold a Public Hearing, and they will make the final decision. Mr. Wakeman: What about the definition of Public Land? Mr. Nagy: I will read from the Local Zoning Ordinance, #543, Section 12.02; in Public Land Districts no building shall be erected or used, or land used, in whole or in part, except for one of more of the following uses: (a) Municipal or civic center purposes, • (b) Municipal or other governmental buildings such as; city hall, municipal offices, fire stations, police stations, and post offices, (c) Outdoor publicly owned or leased recreational uses, such as play- grounds, parks boating areas, parkways and golf courses, (d) Educational buildings, such as public primary and secondary schools and publicly owned and operated institutions of higher learning; (e) Public service buildings, such as publicly owned and operated hospitals, homes for the aged and children's homes, (f) Municipally owned airports, (g) Cultural service buildings, such as publicly owned museums, art li: galleries and libraries, (h) Accessory uses, necessary or incidental to the above principal uses. Mr. Wakeman: Do you have in your records when this land was purchased by the City of Livonia? Mr. Nagy: We do not have that information available at this meeting. • 6204 • Mr. Wakeman: If this land was purchased for use as a park, and you do 'not know how long ago it was purchased, why has it taken so long to rezone the property? IL Mr. Scruggs: That is what we are trying to do now. We are just now getting around to it. More than likely there was a special millage allowing the purchase of open land along with a Federal matching grant. Is there anyone else who wishes to speak either for or against this petition? On a motion duly made by Mrs. Scurto, seconded by Mr. Falk, and unanimously adopted, it was #11-214-76 RESOLVED that, pursuant to a Public Hearing having been held on November 9, 1976 on Petition 76-10-1-34 submitted by the City Planning Commission on its own motion to rezone property located on the south side of Puritan between Henry Ruff and Middlebelt Roads in the Southeast 1/4 of Section 14, from RUF to P.L. , the City Planning Commission does hereby recommend to the City Council that Petition 76-10-1-34 be approved for the following reasons: (1) The property in question is owned and operated as a City park site and all City-owned land used for public purposes should be zoned in the public land classification. (2) The proposed zoning change is needed to have the Comprehensive Zoning Map reflect the public ownership and public use of the property. FURTHER RESOLVED THAT, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/21/76, 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. Scruggs, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. The Acting Secretary announced the next item on the agenda is Petition 76-10-1-36 by the City Planning Commission on its own motion to rezone property located on the north side of Lyndon between Middlebelt Road and Harrison in the Northwest 1/4 of Section 24, from RUF to P.L. Mr. Scruggs: Mr. Nagy, any correspondence in the file re petition? Mr. Nagy: No correspondence. Mr. Scruggs: Again, this petition is made by the Planning Commission on its own motion to rezone property which is right next to Compton Park. Is there anyone in the audience who wishes to speak for or against this-petition? Any comments from the'Commission. Since no one wishes to speak at this hearing on this petition, public hearing on Petition 76-10-1-36 is closed. On a motion duly made by Mr. Zimmer, seconded by Mr. Falk, and unanimously adopted, it was #11-215-76 RESOLVED that, pursuant to a Public Hearing having been held on November 9, 1976 on Petition 76-10-1-36 as submitted by the City Planning Commission on its own motion to rezone property located on the north side of Lyndon between Middlebelt Road and Harrison in the Northwest 1/4 of Section 24, from RUF to P.L. , the City Planning Commission does• hereby recommend to the City Council • that Petition 76-10-1-36 be approved for the following reasons: Q1U , I! (1) The property in question is owned and operated as a City park site and all City-owned land used for public purposes should be zoned in the public land classification, and 4 (2) The proposed zoning change is needed to have the Comprehensive Zoning Map reflect the public ownership and public use of the property. FURTHER.RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/21/76, 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. Scruggs, Vice Chairman, declared the motion approved and the foregoing resolution adopted. The Acting Secretary announced the next item on the agenda is Petition 76-10-1-37 by the City Planning Commission on its own motion to rezone property located on the south side of Lyndon between Harrison and Inkster in the South 1/2 of Section 24, from R-1-A to P.L. Mr. Scruggs: Mr. Nagy, any correspondence in the file re petition. Mr. Nagy: No correspondence. Mr. Scruggs: As I understand it, the entire park known as John F. Dooley Park contains 9.36 acres, but this petition pertains to the four acres 110 in the south. The other five acres in the north are already zoned P.L. Is that correct, Mr. Nagy? Mr. Nagy: Yes, that is correct. We are dealing with two different pieces of land in this petition. Mr. Scruggs: Again this is property already owned by the City, and by putting this land into the P.L. zoning, we are only trying to put things in their proper place. As public land, it will be used only as a playground and/or ball field. Is there anyone present who wishes to speak for or against this petition? Resident: If this is a part of the Master Park Plan, what exactly do they plan 14391Harrison on doing with this property? Mr. Nagy: With regard to the park site, the Parks and Recreation Dept. advise that generally they want to clean up this area as well as correct a drainage ditch which has to be closed. As far as the school land is concerned I have no knowledge on what they will do. Mr. P. How deep is the land? Mr. Nagy: It is 120' in depth along Harrison Avenue. ' Mr. Scruggs: Anyone else wishing to speak for or against this petition. There was no one else present who wished to be heard regarding this petition, Mr. Scruggs, Vice Chairman declared the Public Hearing on this item closed. 1 On a motion duly made by Mrs. Friedrichs, seconded by Mr. Zimmer, and unanimously adopted, it was b2th 4 #11-216-76 RESOLVED that, pursuant to a Public Hearing having been held on November 9, 1976 on Petition 76-10-1-37 as submitted by the City Planning Commission on its own motion to rezone property located on the south side of Lyndon between Harrison and Inkster in the south 1/2 of Section 24, from R-1-A to P.L. , the City Planning Commission does hereby recommend to the City Council that Petition 76-10-1-37 be approved for the following reasons: (1) The property in question is owned and operated as a City park site and all City-owned land used for public purposes should be zoned in the public land classification. (2) The proposed zoning change is needed to have the Comprehensive Zoning Map reflect the public ownership and public use of the property. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/21/76, 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. Scruggs, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. The Acting Secretary announced the next item on the agenda is Petition 76-9-1-31 by the Dale Investment Company to rezone property located on the east side of Middlebelt between Clarita and Pickford in the Northwest 1/4 of Section 12, from C-1 to C-2. 1!I Mr. Scruggs: Mr. Nagy, any correspondence in the file re petition? Mr. Nagy: Yes, we have a letter dated October 8, 1976 from the Engineering Division advising that the installation of a storm sewer would be required if such petition is approved. Mr. Scruggs: Is the petitioner present? Mr. P.Duggan: Yes, I represent the petitioner. We are asking that this parcel of land be rezoned from C-1 to C-2. We are anticipating putting a Friendly Ice Cream Store in this area and need.a C-2 zoning in order to do so. We are willing to cooperate with respect to the original site plan as far as ingress and egress is concerned, and just want to be a part of the community. We definitely want to be compatible with the neighbors. Mr. Scruggs: Mr. Duggan, you presently own the property under the name - Dale Investment Company? And we are looking at an ice cream company that might be similar to Farrell's - is that correct? Mr. Duggan: Yes, that is correct. Mrs. Scurto: Is the Friendly Ice Cream Company a franchise? Are all the buildings - I[; the same as the one in Northville? Mr. Falk: We should stay with the rezoning motion. This same question came up three years ago. Mr. Zimmer: The lots that are currently zoned C-2, are they currently developed? Mr. Nagy: Yes, on the east side only. There is an Arby's and a Donut Shop With the exception of a small parcel north of the appliance store - 6207 Tarver's. Most all the C-2 on the east side of Middlebelt is developed. This is not the case on the west side of Middlebelt. Mr. Scruggs: Anyone in the audience who wishes to speak for or against this 1E: gg p g petition. Kenneth Chard: Mr. Duggan of the Dale Investment Company has owned this land for many years. The original site plan looked pretty nice. Possibly a lot of—things did not materialize. Now he wants to expand it from a C-1 C-2. I am against opening up that area. If it is changed to C-2, any kind of businesses would go in there. The City tells us they are trying to clean up Middlebelt. There are still many homes on Middlebelt, and needless to say, they will be here for a long time to come. I feel this zoning should be left C-1. J.P. I am President of the Sunset Hills Subdivision Civic Association, and 29555 Hillbrook did not come to represent the entire subdivision, but I do want to say that I am opposed to changing this land from C-1 to C-2. That area used to be zoned residential, and then it was changed to C-1, and now they want to change it to C-2. Possibly, later someone will request a waiver use approval. I am concerned that we keep this area compatible wi the existing home structures. I feel that any development should take place north of Clarita Avenue. That way Clarita would act as a natural dividing line between the businesses and the residential section. Mr. Scruggs: Anyone else wishing to be heard? 1[10 Mr. Duggan: I respect the comments of individuals with whom we have been dealing over the years. They have opposed this rezoning and they have the right to do that. But I feel that with the C-2 zoning, we can put in something that the neighbors will accept. Mr. Falk: Were not more of these neighbors expected to be here tonight? Mr. Nagy: We used the current tax rolls, advising everyone within 500' of the site. Mr. Falk: Three years ago, we did not approve the rezoning, however,the City Council chid and the residents of that area were told at that time that the petitioner would gladly comply with their request to level the lot and to comply with any other objections the residents had within reason. I still feel that I could live with the C-1 zoning but not with the C-2. There was no one else present wishing to be heard and Mr. Scruggs, Vice Chairman declared the Public Hearing closed on this item. On a motion duly made by Mr. Zimmer, seconded by Mrs. Scurto, and unanimously adopted, it was #11-217-76 RESOLVED that, pursuant to a Public Hearing having been held on November 9, 1976 on Petition 76-9-1-31 by the Dale Investment Company to rezone property located on the east side of Middlebelt between Clarita and Pickford in the Northwest 1/4 of Section 12, from C-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 76-9-1-31 be denied for the following reasons: (1) The proposed change of zoning is inconsistent with the Future Land Use Plan of the City of Livonia as adopted by the City Planning Commission and the goals and policies for land use. (2) The proposed change of zoning to the C-2, general business classification, would be detrimental to and not in harmony with the surrounding and established residential uses of the area. (3) The proposed change of zoning would encourage the future expansion and conversion of residential zoning to commercial zoning along the frontage of Middlebelt Road and lead to strip commercial development which specifically is in conflict with the adopted land use policies for future growth and development. (4) The proposed change of zoning which would allow for an increase ' in intensity of commercial development would provide for an increase in commercial traffic, particularly along Clarita Avenue which is inteneded to serve abutting land uses and not commercial uses. (5) There is no need for additional intensification of commercial zoning in this area as there is already sufficient, abutting, vacant commercially zoned land in the C-2 classification to provide for any expansion in commercial uses. • FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/21/76, 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. Scruggs, Vice Chairman declared the motion carried and the foregoing resolution adopted. 4 *At this time, 9:05 p.m. Mr. Daniel R. Andrew and Mrs. Suzanne Wisler, entered the meeting. Mrs. Wisler, Secretary, announced the next item on the agenda Petition 76-9-1-32 by Helen A.Lord to rezone property located on the east side of Stark Road, north of 10 Richland in the Northeast 1/4 of Section 33, from RUE to R-1. Mr. Andrew: Mr. Nagy, any correspondence in the file re petition? Mr. Nagy: Yes, we have a letter from the Engineering Division indicating that there are no engineering problems whatsoever connected with this proposal? Mr. Andrew: Is the petitioner present? Helen Lord: This particular parcel of land here (pointing to the map) is the only one that is not rezoned R-1. Mr. Andrew: Is there a house on the property? Mrs. Lord: No house at the present time. Mr. Andrew: What will you do, Mrs. Lord, with the land if the request for rezoning is successful? Mrs. Lord: I plan on selling the land if it is approved. • ; Mr. Zimmer: Mrs. Lord, do you own property from Stark Road east to that subdivision 4 there? i u9 Mrs. Lord: Originally, we owned the entire block to the last house on the corner of Richland and Stark Road, but then that corner piece was divided into 1 110 two parts. Mrs. Scurto: The houses along Richland are on lots only 60' wide. Mrs. Lord: Yes, that is correct. Mr. Scruggs: A review of the area shows that there seems to be a natural split of the property. There is a fence now running down the eastern property line. Seems to be a natural divider. *Mr. William DuBose entered meeting at 9:10 p.m. Mr. Andrew: Anyone else present wishing to speak for or against this petition? There was no one else present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the Public Hearing on this item closed. On a motion duly made by Mr. Scruggs, seconded by Mrs. Scurto and adopted, it was #11-218-76 RESOLVED that, pursuant to a Public Hearing having been held on November 9, 1976 on Petition 76-9-1-32 by Helen A. Lord to rezone property located on the east side of Stark Road, north of Richland in the Northeast 1/4 of Section 33, from RIJF to R-1, the City Planning Commission does hereby recommend to the City Council that Petition 76-9-1-32 be approved for the following reasons: (1) The proposed change of zoning is a reasonable expansion of an already existing R-1 zoning classification established to the east and south of the area under petition. (2) The proposed change of zoning will provide for a zoning classification consistent with the established lot sized of the area and the lot under petition and thereby remove the non-compliance that the property presently has with respect to the RUF zoning classification. (3) The proposed change of zoning will provide for land use and housing density consistent with the established density and residential housing character of the established neighborhood. FURTHER RESOLVED that, notice of above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/21/76, and a notice of such hearing was sent to the Detroit Edison Company, Chesa- peake & 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: Friedrichs, Zimmer, Scurto, Falk, Scruggs, Wisler, Andrew NAYS: None ABSTAIN: DuBose ABSENT: Kluver Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 6210 Mrs. Wisler, Secretary announced the next item on the agenda Petition 76-10-1-39 by 44 Diehl & Diehl, Architects for St. Edith Parsh, to rezone property located south of Five Mile Road between Blue Skies and Newburgh Road in the Northeast 1/4 of Section 19, from R-1 to R-6. At this time, Mrs. Scurto requested that she be allowed to abstain from discussing or voting on this item: Mr. Andrew: Mr. Nagy, any correspondence in the file re petition? Mr. Nagy: Yes, we have a letter from the Engineering Division indicating that there appears to be no engineering problems connected with this petition. We also have a petition dated November 1, 1976 with the signatures of 28 property owners along Blue Skies and Howell, who are opposed to the rezoning of this property. That is the extent of our correspondence. Mr. Andrew: Is the petitioner present? Fr. VanAntwerp: Yes, I am the Pastor of St. Edith's Church. I would like to explain Pastor, St. exactly what we would like to do with this property. This property Edith's Church was purchased by the Archdiocese of Detroit many years ago. About 14 years ago, the parish was erected with the Master Plan of the Parish calling for a Church, school, convent and priests' house. We had originally hoped for a high school and an athletic field in that section that is blocked off. Times change, and the original plans have not come about. As it stands now, we are in a temporary 1[0 church, with a hall and a school in the same building. We stand on. 6 1/2 acres of land which includes a parking lot in front of the church, or to the east. In back of the Church marked off on the layout, the land is vacant and has been vacant all this time, and will probably remain vacant unless we are able to go ahead with the plan we have to help out a small number of dependent elderly people by putting up this home that would be capable of housing 28 single units and 2 couple units in four different buildings. This type of facility is somewhat different from that found in many other places. It is called "campus-style living for the elderly" who are mobile and can take care of themselves; they can live in one of these units and then go to a central area where they eat their meals that are prepared for them three times a day, and also provide a place for recreation. The idea of this whole project is to keep these elderly people 'on their feet, enjoying life and continuing with a purpose in mind of enjoying life as long as they are able to do so. These units that we hope to erect are one story in height, and they pretty much conform with the homes in the entire area. There are seven such complexes throughout the Detroit area. Mr. Andrew: Thank you, Father. Just how old is your parish? Fr. Van: My parish is approximately 14 years old. Mr. Andrew: But the Archdiocese of Detroit purchased the land before that? li: Fr. Van: . Yes. Mr. Zimmer: You say that you plan on 28 single units and 2 couple units. Fr. Van: Yes, in three separate buildings, plus a service building. J.Diehl: I represent the Architect for this project, and I would like to point Diehl & Diehl out that the central area, the service building, will be large enough 4 Architects to accommodate all the people residing in this complex for their meals 4 28 W.Adams and recreation. i Detroit Mr. Zimmer: Who will be financing this project - the Archdiocese of Detroit? Fr. Van: This will be financed through the Ryan Fund - which is money that was willed to the Archdiocese for the sole purpose of constructing these complexes. These homes have to be for the elderly, and have to be constructed according to the specifications outlined in Mr. Ryan's will. St. Edith Parish knowing that it had this land available, wanted to use it to the fullest extent. We petitioned the Archdiocese Senior Citizen Housing Unit for consideration to have these units put on our land. The idea was accepted. Mr. Zimmer: You say that St. Edith requested to be able to put up the project. Was that a Parish decision from all members; Fr. Van: No, it was not a decision from the Parish Council. It was made by several of our senior citizens who congregate at our church, plus myself. The idea was then submitted to the Parish Council, who approved using this land for that purpose. Mr. Zimmer: Is there adequate parking? Mr. Nagy: There will have to be compliance with the off street parking requirements IFO of the Zoning Ordinance if the facility is to be constructed. Parking would have to be provided on their site. Mr. Andrew: The petition is confined only to rezoning. Any questions from the Commission? Mr. Falk: If this is a privately financed project, will there be any federal funds involved. Fr. Van: No federal funds. Mr. Falk: We have heard many people tonight who are against rezoning of this property I believe when people buy property, it is theirs to do with as they please within the law. It appears to me that nobody today is doing anything for the old people. I am sure that the Church has adequate funds to build and maintain this project. Of course, I would not like to see an eleven-story building but as it stands now, I think this proposal is needed and the Church is doing the right thing and I will support this petition. Mrs. Wisler: As I understand it, this petition is for the land outlined in dark black. Right? Would the expansion of the Church require another waiver use approval? Mr. Andrew: Yes. li: Mrs. Wisler: Would the Church be prevented from expanding to the west? Mr. Nagy: The Church would not be prevented from filing a petition for expansion. Mr.J.Diehl: Expansion of the Church would not go into the piece now being petitioned. Mrs. Friedrichs: I would just like to comment that it seems to me that this is a most t interesting type of arrangement not presently being used in Livonia fox 14 senior citizens. I would think that this campus-style of living for senior citizens would be very much in demand. I happen to drive a group of people to these senior citizens meetings at St. Edith's on Tuesdays, and there certainly is a real demand for some sort of low-cost housing for these people who want to be on their own. Ed Wagensomer: I would just like to explain a few things. Actually, the facility is to b Archdiocese built with money from the Ryan Fund, according to Mr. Ryan's will. Senior Citizens Then the complex is leased to a non-profit group for $1.00 with a 10 Housing Unit year lease, such lease having an option to renew for another 10 years. There are seven such centers now in operation: One in Farmington Hills and one in Southgate, both of which just opened the first of October; one in Monroe; one in Port Huron; and three in the City of Detroit. The average age of the residents is 82-83 years old. We are just trying to provide help to those senior citizens who are no longer able to drive an automobile, or live by themselves, or cannot live in complex provided by the Federal Government. There are no special requirements . for people to live in these centers, other than we try to take care of people in the area where the home is built. All maintenance costs will be strictly a non-profit operation. We have a track record, and we know exactly what maintenance costs will be. Money is set aside quarterly, and the Archdiocese sees to it that the property is properly cared for. I am sure that if anyone were to go and see this facility, it would alleviate any fears they may have. Mr. Zimmer: Does the Parish itself have any responsibility toward the operation of 1!: this center? Mr.Wagensomer: The Parish of St. Edith's does not incur any financial responsibility at all for the maintenance and operation of this facility. Mr. Andrew: Anyone in the audience who wishes to speak for or against this petition? Resident: First of all, I would like to address my comments to the Commission, as 37447 Howell well as my neighbors. In looking over these pictures, I think that, without a doubt, this whole project will be a beautiful sight. Only, I feel that it should be placed elsewhere - perhaps east of Newburgh Road, south of Five Mile. There is a square mile there. I feel that any low- cost housing for the elderly would only decrease the property value of the owners along side of it. When we bought our home in 1969, this was a very quiet area. But now, with the opening of the Chatham Village Shopping Center, it has become very noisy which I feel would bother these elderly people. There are many children who play around this area. And putting this complex on this site would affect the elementary school children of St. Edith's who play on that particular property which is being considered. Right now, this is the childrens' playground, and this project is put up there would be no place for the children. They certainly cannot cross Newburgh Road. I really feel that this whole idea is good, but I am against the area that has been chosen. Have you Commissioners taken the time to physically examine this area? Mr. Andrew: Anyone else? 4 Mr. Gibbons: You cannot really call this low cost housing. It appears to me that 37664 Kingsbury this is most expensive housing. The playground for the children of St. Edith's is in front of the church, and the area in the back is only used by those kids riding their motorbikes. This center will certainly not be a recreational facility - it does not require a lot of land. It is merely a facility for them to go back and forth for their meal. They will not be running up and down the field all day long. Mrs. Leake: This project will be Archdiocese operated. Will not accommodate senior 37772 Howell citizens who now live around here. They will come from anywhere and will be any color, any creed, any age. I feel this area is extremely boxed in by the shopping center, the homes in the area, and by a brick wall. And I feel that the noise of the children on the playground will conflict with the comforts of the senior citizens. Mr. Falk: I appreciate Mrs. Leake's right to her opinion. Everyone feels housing for the aged is needed, however, the structures should be somewhere else rather than in their neighborhood. Let me cite some past examples. The Mt. Hope Church wanted to build two story structures off Schoolcraft Road and the neighbors objected because the size of the buildings did not fit in with their particular area. The Armenian people wanted to erect a new building on Middlebelt to take care of their aged but the people in the area objected because it would disrupt the peaceful serenity of that wooded area nearby and their neighborhood because of the increased traffic. I believe when somebody really wants to do something for the elderly, we should take a positive approach and do all we can to make the proposal a reality. Mrs. Wisler: Mr. Nagy, how many units do they plan? Mr. Nagy: 100 units total in two phases. J.Johnson I represent the Harmony Unit, and we have 119 members who meet every II: 15144 Nola Tuesday at St. Edith's Church Hall. I think that we have the finest record of any unit in Livonia. Two-thirds of all our members come out every week to play cards or just sit around and chat. Three years ago, when this idea first came up, everyone was very much in favor of such type of housing. We discussed the idea with the Parish Council. We would like to put this one-story building behind Blue Skies and Howell. I live only three blocks away from this property, and I think it is just too bad that these people don't think enough of these senior citizens to put up such a project for them. I contacted a list of 117 members of a senior citizens group, and out of my own unit, I have forty people who have already signed up - who would like to get into this project. It will be a wonderful place for these people, they would have companionship and be able to live like human beings, instead of living alone. I have lived in this country for fifty years, and I feel that this is the greatest humanitarian thing that I have seen. I hope that the Commission will vote for this project. Mrs. Leake: Everyone here that is opposing this project is not against seniors. I think the whole idea is fine, just put it somewhere else - not behind a shopping center. R. Rumon: What about parking? There is not much room now to park for those people who attend the Church? What about parking for the senior citizens t project? Mr. Andrew: The question of parking will not be discussed at this Public Hearing? It can be discussed later on in the event this rezoning is approved by the City Council. • VGty There was no one else present wishing to be heard, Mr. Andrew, Chairman, declared the Public Hearing on this item closed. On a motion duly made by Mrs. Wisler, seconded by Mr. Zimmer and adopted, it was d #11-219-76 RESOLVED that, pursuant to a Public Hearing having been held on November 9, 1976 on Petition 76-10-1-39 by Diehl& Diehl, Architects for St. Edith Parish, 'to rezone property located south of Five Mile Road between Blue Skies and Newburgh Road in the Northeast 1/4 of Section 19, from R-1 to R-6, the City Planning Commission does hereby recommend to the City Council that Petition 76-10-1-39 be approved for the following reasons: (1) The proposed change of zoning will provide for residential uses that are compatible to the surrounding established uses of the neighboring area. (2) The area of the proposed rezoning has sufficient capacity to accommodate the intended use. (3) The area of the proposed rezoning is complemented by the abutting institutional lands located to the east and is supported by the abutting commercial uses located to the north. (4) The proposed change of zoning will not adversely affect the traffic- carrying capacity of the abutting roads or burden the local street system as ingress and egress to the area is limited to the adjacent institutional lands as owned by the Archdiocese of Detroit and front on a major thoroughfare. 4 FURTHER RESOLVED that, notice of above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/21/76, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway, 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: Scruggs, Friedrichs, Falk, Zimmer, Andrew, Wisler, DuBose NAYS: None ABSTAIN: Scurto ABSENT: Kluver Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Wisler announced the next item on the agenda Petition 76-10-1-40 by R. Ajluni, M.D. to rezone property located south of Curtis and east of Farmington Road in the Southwest 1/4 of Section 10, from RUFC to P.S. Mr. Andrew: Mr. Nagy, any correspondence in file re petition? Mr. Nagy: We have a letter from the Public Works Division of Engineering stating no problems. tiMr. Andrew: Is the petitioner present? Sammy Harb: I am representing Dr. Ajluni, and we feel that rezoning this narrow strip of land would serve as a natural buffer between the professional medical offices and the residential area to the east. The drainage ditch now there would serve as the dividing line between the two zones. uL17 Mr. Andrew: Any questions from the Commission? Anyone in the audience who wishes to speak for or against this petition? Newell Bentley: I live adjacent to the property under p y question. The subject of the next 18280 Westmore item on the agenda is a Preliminary Plat approval for a proposed subdivision. What are they planning on putting on this present plot under discussion? Mr. Harb: There are no plans at this time. Mr. Andrew: There are no plans at this time, but I would guess that they plan an extension of their medical services. Mr. Bentley: As far as rezoning this land P.S., .I am vehemently against it. I feel that the doctor has gone as far as he should go. We do not want another medical building in there. If he wants to go down Farmington Road with his P.S. , let him - but not down Curtis. We want him to stay off of Curtis. The traffic is unbelievable trying to get on to Farmington Road, and I feel that he has gone far enough down Curtis with his buildings. Mr. Andrew: The property under question, Mr. Nagy, is it solely owned by Dr. Ajluni? Mr. Nagy: Yes, it is. Robert Pettry: I agree with this gentleman regarding the extension of the doctor's 18298 Shadyside medical facilities and parking lot. I feel that the building of these 1! facilities will decrease the value of the homes in this area. Plus t the fact there are too many children who play in this area. We are concerned with their safety. I strongly object to this petition. John Perkett: I live next door to Mr. Pettry. We look out at one parking lot out 18274 Shadyside of the corner of our house, and they look out of their house onto another parking lot. These medical buildings are just going tcofar back into the residential area. Nobody would want to buy a house here wits' all these buildings being put up since we bought. Resident: I also am opposed to the proposed rezoning of this property. I feel 18273 Shadyside the doctor has to be stopped somewhere - why does he have to go into the residential area? Mr. Andrew: Are you aware that the next item on the agenda is for the approval of a Preliminary Plat for a subdivision petitioned by the Doctor? Resident: Single family dwellings are fine, but we don't want another doctor's office or any public building. Resident: Someone asked a question as to whether or not we noticed traffic from the parking lot. Well, I would give a definite yes to that question. I am home all day, and there is a lot of traffic coming out of the parking lot and going up Shadyside to Seven Mile Road. Mr. Falk: If the Doctor is not going to use the property under discussion, Mr. Harb, why doesn't he just withdraw his petition under Item #8 and include it with Item #9. In that way, he would prove to the people that he has a good heart. Don't you think this 100' could go with the rest of the property under Item #9. That certainly wouldn't generate any more traffic. cJ ci lZi Mr. Harb: I am not in a position to include Item #8 with Item #9, but I do feel that with the natural drainage along the eastern boundary, that could become a natural buffer. 4 Mr. Falk: I am almost of a mind to table Item #8. I feel the neighbors would be most receptive and relaxed to that decision. I feel that Dr. Ajluni himself should come before the Commission with his specific plans on 'what he wants to do with the property. Mrs. Wisler: Mr. Nagy, that drainage that is shown on the map, will that eventually be enclosed? Mr. Nagy: Yes, it will, according to the letter from the City Engineers. Develop- ment of any subdivision in that area would necessitate closing of the drain. Resident: If the area is going to remain natural, why rezone it? There was no one else present wishing..to ,be heard, Mr. Andrew, -Chairman, declared the Public Hearing on this item closed. On a motion duly made by Mrs. Friedrichs, seconded by Mrs. Scurto, and unanimously adopted, it was #11-220-76 RESOLVED that, pursuant to a Public Hearing having been held on November 9, 1976 on Petition 76-10-1-40 by R. Ajluni, M.D. , to rezone property located south of Curtis and east of Farmington Road in the Southwest 1/4 of Section 10, from RUFC to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 76-10-1-40 be denied for the following reasons: (1) The proposed expansion of P.S. zoning would be detrimental to the abutting residential uses of the area. (2) The proposed expansion of P.S. uses would detract from the orderly and appropriate development of the. surrounding residential neighborhood. (3) The proposed expansion of P.S. uses would generate and increase in traffic flow utilizing Curtis Road which traffic would be detrimental to the neighboring residential area. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer under date of 10/21/76, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway, 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. The Secretary announced the next item on the agenda is the Preliminary Plat approval for Ajluni Subdivision proposed to be located on the south side of Curtis between Shadyside and Loveland in Section 10. d Mr. Andrew: Mr. Nagy, any correspondence in file re petition? L Mr. Nagy: Yes, we have a letter from the Department of Public Works, from Gary D. Clark, indicating no problems as well as a letter from the Police Traffic Bureau indicating that they are satisfied with traffic patterns in this area; letter from the Building Inspector advising that all lots meetir�jwith RUF zoning requirements; a letter from Wm. Bedell of the Livonia Public Schools, advising no anticipated future problems with school enrollments at school in area; as well as letter from Fire Marshall expressing no objections to proposed Plot Plan. 4 Mr. Andrew: Any comments from the Commission? • Mr.. Scruggs: Mr. Harb, since we have just reviewed this last petition, would this have any effect on this Plot Plan now before use - might you increase the size of the lots? Mr. Harb: We would probably just add another lot in that particular area, but we have no definite plans to that effect just now. Mr. Andrew: Anyone in the audience wishing to speak for or against this petition? There was no one else wishing to be heard and Mr. Andrew, Chairman, declared the Public Hearing on this item closed. On a motion duly made by Mr. Scruggs, seconded by Mrs. Friedrichs, and unanimously adopted, it was #11-221-76 RESOLVED that, pursuant to a Public Hearing having been held on November 9, 1976, the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat approval for Ajluni Subdivision proposed to be located on the south side of Curtis between Shadyside and Loveland in Section 10, be approved for the following reasons: (1) It complies with the RUF Zoning District regulations and the Subdivision Rules and Regulations of the City of Livonia. (2) All City departments have indicated no objection to the proposed subdivision layout. FURTHER RESOLVED that, notice of the above hearing was sent to the abutting property owners, proprietor', City Departments as listed in the proof of service and copies of the plat, together with the 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. The Secretary announced the next item on the agenda is Petition 76-9-2-18 by John Maxwell requesting waiver use approval to construct a Bonanza Family Style Restaurant on the north side of Plymouth Road between Merriman and Farmington Roads in the Southeast 1/4 of Section 27. There was no Public Hearing held on this particular item due to the fact that the Legal Description as submitted by the petitioner was incorrect, and therefore, was not properly advertised. Petition will be heard after proper Legal Description is submitted and proper advertising made. The Secretary announced the next item on the agenda is Preliminary Plat approval for to Tiffany Square Subdivision proposed to be located on the west side of Wayne Road between Seven Mile Road and Curtis in Section 8. Mr. Andrew: Mr. Nagy, is this a-revised plan? Mr. Nagy: Yes, it is. f�i i t Mr. Andrew: Any questions from the Commission? Anyone in the audience who wishes to speak for or against this petition? I Attorney for Yes, I am the attorney representing Mr. and Mrs. Fargo. These people Mr.&Mrs.Fargo never received any notice of this petition in spite of the fact they 4 Wayne Road live directly east of this proposed subdivision on Wayne Road. They strongly object to this property being developed because of the fact they would become boxed in. Also, Mr. Salvatore is building a new home in the area, probably worth $100,000, and we are wondering how these new homes would compare with that. Mr. Andrew: Mr. Nagy, were all the property owners in this area notified of this hearing? Mr. Nagy: Proof of Service shows that Mr. Salvatore received a notice, such notice being sent to 10004 E. Clements Circle. Mr. Salvatore: This proposed plat leads directly right into my front yard. Mr. Andrew: Mr. Salvatore, how large is your lot? Mr. Salvatore: I have 150' frontage and it is 214' deep. Mr. Andrew: Do you abut Sheffield Park? Mr. Salvatore: Yes, I do - on the north. Mr. Andrew: I feel that these people have built a home of great expense, and should 10 be protected in some way with comparative homes to be constructed. Mr. Nagy, what is the zoning on the property where Mr. Salvatore's home 4 is located: Mr. Nagy: R-4. Mr. Andrew: And the property immediately to the north of the proposed plat? Mr. Nagy: R-4. Mr. Andrew: And the other property surrounding this proposed plat? Mr. Nagy: All abutting lands are zoned R-4. Mr. Andrew: Well then Counselor, what is your objection if the proposed plat is also zoned R-4, and comparable homes are intended to be built in this area? Counselor: Our main objection is that the proposed plat shows that these driveways lead directly into the front yards of my clients. Mr. Andrew: Counselor, don't you feel that with the proposed plat being,in an R-4 zone, the homes that will be built be of comparable value to those of your clients? 104Attorney: Yes, I understand that, but what I don't understand is why this builder did not attempt to purchase all that land to the north. Mr. Scruggs: In looking over this area, I did happen to notice the house being built across the street from this proposed subdivision. If anything, is beyond the majority of the homes in this area. All the homes are very lovely, and although this home probably won't be done for a couple of months, it is easy to see that this home is most expensive. • It is probably beyond an R-4 classification. Lit Mr. Andrew: Mr. Na gy, do all the lots in this plan meet zoning requirements? Mr. Nagy: Every lot is at least 90 x 130, and most of them are 100' in width which is in excess of zoning requirements. Attorney: What about the driveways - how about ingress and egress? These proposed driveways lead right into the driveways across the street. Mr. Falk: I feel that we should vote on this preliminary plat which more than exceeds the zoning requirements. Once a person owns land, he should be able to do what he wants with that land, providing it meets with zoning requirements. We should vote on this petition as there are many more items remaining on tonight's agenda and many people are in the audien awaiting to be heard. Chas.Adams: I own the land adjacent to this proposed subdivision on the south. 18675 Wayne Rd. Do I understand correctly that property owners within 500' are notified of these public hearings? Mr. Andrew: On a Preliminary Plat approval, abutting property owners are notified. in Mr. Adams: Well, I was not aware that the zoning/this area was R-4. (140 Mr. Nagy: Mr. Adams, you were made aware that the zoning in this area was R-4 when you requested, in my office, to split your land. Mr. Adams: My second lot is not adjacent. Mr. Andrew: The R-4 zoning is on the two lots. Mr. Adams: I have a total of five acres. Mr. Andrew: Are you objecting to this preliminary plat approval? • Mr. Adams: I am boxed in now with this proposed plan. I have no way of developing my five acres toward the back. There is a house now that sits 75' from my side yard, and I am objecting to the lots to the north. Mr. Salvatore: According to the plat plan there will be a street, not a driveway, coming right down into my driveway. That is what I am objecting to. Mrs. Scruto: I wonder if Mr. alvatore is aware that this subdivider will have to improve Wayne Road. Mr. Salvatore: That would be very nice, but what about up to Seven Mile Road? Mr. Andrew: I do not know what will happen about that. Perhaps, sometime in the future, the City may initiate special easement procedures. tii R. Matuzik: Every spring we have quite a bit of water along Van Road. If they 18701 Van Road put in this subdivision, what will happen then? Mr. Andrew: There will be the installation of either a culvert or sewer pipe within that particular area. Mr. Scruggs: Mr. Nagy, is there anything else that could be utilized of this proper' v •tnd still ;itisfy all the, ,ondit' •• , 6220 Mr. Nagy: It is my professional opinion that the proposed layout as presented would be the most efficient use of this land. I There was no one else present wishing to be heard and Mr. Andrew, Chairman, declared the Public Hearing on this item closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Scruggs, and unanimously adopted, it was #11-222-76 RESOLVED that, pursuant to a Public Hearing having been held on November 9, 1976, the City Planning Commission does hereby recommend to the City Council . that the Preliminary Plat approval for Tiffany Square Subdivision proposed to be located on the west side of Wayne Road between Seven Mile Road and Curtis in Section 8, be approved, subject to the submittal of a plan showing the proposed entrance markers to the Planning Commission for review and approval prior to submittal of the final plat, for the following reasons: (1) The plat complies with and greatly exceeds the R-4 Zoning District Regulations, which the land is zoned. (2) The preliminary plat complies with the subdivision rules and regulations of the City of Livonia. FURTHER RESOLVED that, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service, and copies of the plat together with notice have been sent to the Building Department, Superintendent of Schools, Fire Depart- ment, Police Department and Parks and Recreation Department. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 4 The Secretary announced the next item on the agenda Petition 76-10-2-20 by Al Green's on the Hill requesting waiver use approval to operate a restaurant within an existing building located within the Wonderland Shopping Center on the south side of Plymouth Road, west of Middlebelt in the Northeast 1/4 of Section 35. At this time, Mrs. Wisler requested to abstain from discussion and voting on this petition. Mr. Andrew: Mr. Nagy, any correspondence in file re petition? Mr. Nagy: No correspondence as we have no plans to circulate to the various City Departments. Mr. Andrew: Is the petitioner present? Ted Richman: I am the petitioner. Mr. 'Scruggs: Do you plan on utilizing the entire Farmer Jack'.s Building? Mr. Richman: No, just half of it on the southside of the building. tI Mr. Falk: How many restaurants are in the Shopping Center now? Mr. Richman: I believe there are four. Mr. Zimmer: In checking this particualr aspect, I have found that there are 10 restaurants in the Wonderland Shopping Center. • Mr. Falk: I seem to have a hang-up on restuarants right now. We are just gettin- too many of t1,nm in the Livonia ay., sp .; -,1 • ,, i , Plyrc . r ' P V Mr. Richman: The restaurant we plan will be a little bit out of the ordinary restaurant that you will find in this particular part of Livonia. We operate the Fox & Hounds Restaurant in Birmingham, and many 4 other fine restaurants.around town. 4 Mr. Falk: Yes, that may be, but a lot of them go under. Mr. Richman: We just happen to feel that this location has great potential for our type of a restaurant. Mr. Falk: Do any of your other restaurants have liquor license? Mr. Richman: Yes, they do. Mr. Falk: Then we will have another spot in town dispensing alcohol. Mr. Scruggs: Mr. Richman, what are your plans concerning the remodeling of this building? Mr. Richman: We have nothing definite to show you at this time - too premature. Mr. Scruggs: You will be remodeling only half of Farmer Jack's. This is a vacant building now? Mr. Richman: It will be vacated shortly, and we will be occupying only the south half of the building. 1[0 Mr. Scruggs: If you plan on developing the south half, what will happen to the other half on the north? Walter Goodman: There will be a total redevelopment of the building. At this time, Mr. Richman showed artist's sketches of the proposed outside of restaurant, similar to the one they have in Berkley. Mr. Scruggs: I like the idea very much. It has potential. Looks quite favorable at this time. We should probably table this petition, and look into it further. Mr. Richman: I would like to say at this time that we do intend to have liquor in this operation if it is possible. Mr. Zimmer: You say you are planning to occupy the south half of the building, right next to the driveway leading into the shopping center? There certainly is not too much room between the building and the roadway. Do you know that there are 45 restaurants in Livonia, and most of them are along Plymouth Road between Wayne Road and Inkster. The whole south end of Livonia is saturated with restaurants. Why don't they put some of these restaurants up in the north end. This particular kind of restaurant would change the whole composite of that corner. I will most definitely oppose this petition. On a motion duly made by Mr. Zimmer and seconded by Mrs. Friedrichs, it was Resolved that, pursuant to a Public Hearing having been held on November 9, 1976 on Petition 76-10-2-20 as submitted by Al Green's on the Hill requesting waiver use approval to operate a restaurant within an existing building located within the Wonderland Shopping Center on the south side of Plymouth Road, west of Middlebelt in the Northeast 1/4 of Section 35, the City Planning Commission does hereby recommend to the City Council that Petition 76-10-2-20 be denied. The gavel was passed to Mr. Scruggs, Vice Chairman, by Mr. Andrew, Chairman. Mr. Andrew:10 In all fairness to the petition and in all fairness to the landlord, it is my feeling that a tabling resolution might be more appropriate from the standpoint of (1) have the petition present development ' plans to us and not just artists' drawings, and (2) as one member of this Commission, I am concerned about whether or not Wonderland Shopping Center can continue to be a viable shopping center if we don't do something to help it retain its appeal. We should look hard at the shopping center and its future. For that reason, I will offer a tabling resolution until the study meeting of November 16, 1976 and attempt to clarify this petition. Mr. Falk: If we have a denying motion on the floor and it has been seconded, why can't we vote on it? Mr. Scruggs: Is there a support for the tabling motion? Mr. DuBose; I will second the tabling motion. On a motion duly made by Mr. Andrew and seconded by Mr. DuBose, it was #11-223-76 RESOLVED that, pursuant to a Public Hearing having been held on November 9, 1976 on Petition 76-10-2-20 as submitted by Al Green's on the Hill requesting waiver use approval to operate a restaurant within an existing building located within the Wonderland Shopping Center on the south side of Plymouth Road, west of Middlebelt in the Northeast 1/4 of Section 35, i the City Planning Commission does hereby determine to table Petition 76-10-2-20 until the Study Meeting of November 16, 1976. A roll call vote on the foregoing reeolution resulted in the following: AYES: Friedrichs, DuBose, Scurto, Scruggs, Andrew NAYS: Zimmer, Falk • ABSTAIN: Wisler ' ABSENT: Kluver Mr. Scruggs, Vice Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Scruggs returned the gavel to the Chairman, Mr. Andrew. The Secretary announced the next item on the agenda Preliminary Plat approval for Mar-5 Subdivision proposed to be located on the south side of Five Mile Road, west of Houghton Avenue in the North 1/2 of Section 19. Mr. Andrew: Mr. Nagy, any correspondence in file re petition? Mr. Nagy: Yes, we have a letter from the Dept. of Public Safety - Fire Dept. indicating no objection to proposed subdivision; another letter from Department of Public Safety - Police Dept. indicating _ no objection; letter from Engineering Division advising no engineering tproblems, and recommend that T turn-around driveways be installed on those lots facing Five Mile Road; as well as letter from Building Inspector advising no problem issuing building permits. Mr. Andrew: Is the petitioner present? Ron Martinuzzi: I presently own parcels A & B; there is a single family home on Parcel Pres. of A. " -'inuzzi r Mr. Andrew: Do you have any other matters pending before City Government? 1 t Mr. Martinuzzi: In regard to taxes - yes. 4 4 Mr. Andrew: Do those negotiations have anyeffect on this proposed p posed plat we are looking at? Mr. Martinuzzi: A settlement was made over six months ago. Legally, we now have to go before the State Board for them to approve, because it is now in their hands. The City treasurer tells us that they have placed this question in the hands of the State Tax Commission. We are now trying to verify that a settlement has been made. I thought that the issue was settled, but now it appears that I have to go before somebody in Lansing on Thursday. Mr. Andrew: Is there a garage attached to the home on Parcel B? Mr. Martinuzzi: Yes, there is a three-car garage attached to this home. We have been tearing down other buildings on this property for the last 3 1/2 years. Mr. Andrew: Mr. Nagy, what was that comment about T-type turn-around driveways? Mr. Nagy: The Engineering Division has recommended thatthose lots facing Five Mile Road have T-type turn-around driveways - similar to those on Merriman Road. Mrs. Scurto: That building on Parcel A - will that stay there? 1[40 Mr. Martinuzzi: I have no intentions of removing it. Mr. Nagy: But you do own it. Mr. Martinuzzi: I have spent over $8,000 remodeling it. Mrs. Scurto: How far back is it from Five Mile Road? Mr. Martinuzzi: I would say about 55 to 60' from the center of Five Mile. When they widened Five Mile, they took away 25' from my property. Mrs. Scurto: What is the zoning on Parcel A? Mr. Martinuzzi: R-1. Mr. Nagy: Yes, that is correct. Mr. Andrew: Mr. Nagy, are these parcels A & B part of the record? Mr. Nagy: Yes, they were legally split off by action of the Assessor's office. Mr. Andrew:li Any more comments on the petition? i Mr. Scruggs: This looks like a really tight area. I don't see where anything more could be done with it. i Mr. Zimmer: That lot on the corner, which way will the house face? Mr. Martinuzzi: Corner lot house will have several options. . 1.,,..i. Mr. Andrew: Any comments from the audience? II4 Harry Hanson: I feel that the houses he is planning on putting up are not in keeping 15214 Norman with the houses already there. 4 Mr. Andrew:: ndrew: How is it that a duplex stands in an R-1 zone? Mr. Martinuzzi: That duplex has been there since 1940, and has never been a single family house. There is a solid masonry wall running right up the center of the house. Mr. Nagy: Predates local zoning ordinance, therefore, becomes valid non- conforming use. Mr. Fulkerson: What will the value be of the homes you plan on putting up there? 15186 Norman Mr. Martinuzzi: Minimum $48,000 - you can't put up a house in Livonia any cheaper than that. There was no one else present wishing to be heard, Mr. Andrew, Chairman, declared the Public Hearing closed on this item. On a..:motion duly made by Mr. Scruggs, seconded by Mrs. Friedrichs and adopted, it was #11-224-76 RESOLVED that, pursuant to a Public Hearing having been held on November 9, 1976, the City Planning Commission does hereby determine to waive the 44 open space requirements of Section 9.09 of the Subdivision Rules and Regulations as they relate to the development of Mar-5 Subdivision and recommends to the City Council that the Preliminary Plat for Mar-5 Sub- division proposed to be located on the south side of Five Mile Road, west of Houghton Avenue in the North 1/2 of Section 19, be approved subject to submittal to the Planning Commission of a plan for an entrance marker prior to Final Plat approval subject to the following condition: (1) That all lots facing directly out onto Five Mile Road be furnished with a T-type turn-around as recommended by the City of Livonia Division of Engineering. for the following reasons: (1) The Preliminary Plat complies with the Subdivision Rules and Regulations the open sapce requirements having been waived by the City Planning Commission. (2) The subdivision is of sufficient design calibre to justify approval. (3) The design of the subdivision is a good solution to the small parcel of land. AND THAT, the City Planning Commission does hereby recommend the waiving of the _ open space provisions of the Plat Ordinance, Section 9-116(p) of the Livonia Code of Ordinance, inasmuch as there is already sufficient lands to provide this area with adequate open space for park, recreation and open space purposes 4 9 FURTHER RESOLVED that, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the 4 • Proof of Service and copies of the plat together with notice have been sent to the Building Department, Superintendent of School, Fire Department, Police Department and Parks and Recreation Department. A roll call vote on 'the foregoing resolution resulted in the following: AYES: Friedrichs, DuBose, Zimmer, Falk, Scruggs, Wisler, Andrew NAYS: Scurto ABSENT: Kluver Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto and seconded by Mr. DuBose, it was #11-225-76 RESOLVED that, the minutes of the 323rd Regular Meeting of the City Planning Commission held on October 26, 1976 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Dubose, Falk, Scruggs, Wisler, Andrew NAYS: None ABSTAIN: Zimmer ABSENT: Kluver Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 4 On a motion duly made by Mr. Falk, seconded by Mr. Zimmer, and unanimously adopted, it was #11-226-76 RESOLVED that, pursuant to a letter dated ,October 26, 1976 from Jacob Menuck requesting a two-year extension of approval of Petition 74-9-8-36 by the Newburgh Land and Development Company requesting approval of all plans required by Section 8.02 of Ordinance #543, the Zoning Ordinance, as amended by Ordinance #785, submitted in connection with a proposal to erect multiple dwellings on property located on the south side of Plymouth Road between Stark and Farmington Roads in Section 33, the City Planning Commission does hereby recommend to the City Council that an extension be granted for a period of one year subject to the same conditions as were set forth in the original approving Resolution #9-200-74, adopted by the Planning Commission on September 17, 1975. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. DuBose, seconded by Mr. Scruggs and unanimously adopted, it was #11-227-76 RESOLVED that, the City Planning Commission does hereby approve the Landscape Plan submitted in connection with a condition of approval of Petition 76-9-2-17 by Rev. Jacob J. Traub for Bethel Missionary Assembly of God re- questing waiver use approval to construct an addition to the existing church located on the east side of Middlebelt Road, north of Joy Road in i the Southwest 1/4 of Section 36, subject to the following conditions: (1) That the landscape proposal by John L. Gunn Nursery, dated 11/4/76, which specifies the planting of four (4) Norway Maples 2 'l/2" to 3" cal. , twenty-four (24) Yew Cuspidata 18" to 24", and twelve (12) Yew Capidata 2 1/2' to 3' , which is hereby approved, shall be adhered to; and 6226 (2) That all landscaping shall be installed on the site before May 1, 1977 and thereafter maintained in a healthy condition. I! 4 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 4 On a motion duly made by Mrs. Scurto, seconded by Mrs. Wisler and unanimously adopted, it was #11-228-76 RESOLVED that, the City Planning Commission does hereby determine to table Petition 76-10-9-21P, submitted by Michael Vorgitch requesting approval of all plans required by Section 18.58 of Ordinance #543, the Zoning Ordinance as amended by Ordinance #988, submitted in connection with a proposal to construct commercial stores on the southwest corner of Ann Arbor Road and Knolson in Section 31, until the Study Meeting to be conducted November 16, 1976. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Falk, seconded by Mr. Scruggs, and unanimously adopted, it was #11-230-76 RESOLVED that, pursuant to Section 26.01 of Ordinance #543, the Zoning Ordinance, as amended by Ordinance #613, the City Planning Commission does hereby recommend to the City Council that Petition 76-11-8-23 by the Felician Sisters requesting approval of all plans required by Section 26.01 submitted in connection with a proposal to renovate and expand the existing 11440 St. Mary Convent located on the south side of Five Mile Road between Levan and Newburgh Roads in Section 20, be approved subject to the following conditions: (1) That Site Plan Sp-1, dated 11/3/76, prepared by Christopher Wzacny & Associates, Inc., Architects, which is hereby approved, shall be adhered to, and (2) That building elevations as shown on Sheet A-4 and A-5, prepared by Christopher Wzacny & Associates, Inc., Architects, which are hereby approved, shall be adhered to. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Scruggs, seconded by Mr. Dubose and unanimously adopted, it was #11-231-76 RESOLVED that, pursuant to, Section 18.58 of Ordinance #543, the Zoning Ordinance, as amended by Ordinance #988, the City Planning Commission does hereby approve Petition 76-11-8-24P by William N. Ponder requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to construct an addition to the existing office building located on the north side of Plymouth Road between Hubbard and Mayfield in Section 27, subject to the following conditions: • (1) that Site Plan #43-375, Sheet 1, prepared by John E. Wisniewski, dated March 18, 1975, which is hereby approved, shall be adhered to; 44 4 (2) that building elevations as shown on the Site Plan #43-375, Sheet 2, which are hereby approved, shall be adhered to; 6227 • (3) that the landscaping as shown on the Site Plan #43-375, Sheet 1, shall be installed on the site by May 1, 1977 and thereafter per- manently maintained in a healthy condition; and 4 (4) that the roof-top heating and cooling unit shall be screened from view if any portion of .the unit projects above the crock coping on`the east wall. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 324th Regular Meeting and Public Hearing held by the City Planning Commission on Tuesday, November 9, 1976 was adjourned at 12:22 a.m., November 10, 1976. CITY PLANNING COMMISSION Su a g- T. Wisler, Secretary ' ATTEST: ,, /eZdAge_tr . Daniel Daniel R. Andrew, Chairman 4 4 -4 • • i 4 4 4