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HomeMy WebLinkAboutPLANNING MINUTES 1977-05-03 6363 MINUTES OF THE 334th REGULAR MEETING I[: AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 3, 1977, the City Planning Commission of the City of Livonia, held its 334th Regular Meeting and Public Hearings in the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Regular Meeting and Public Hearings to order at 8:05 p.m. , with approximately 40 interested persons in the audience. Members Present: Daniel R. Andrew William F. Scruggs Esther Friedrichs Jerome Zimmer Joseph Falk Suzanne Wisler William DuBose - arrived 8:10 p.m. Herman Kluver - arrived 8:22 p.m. Judith Scurto - arrived 8:50 p.m. Members Absent: None Messrs. John J. Nagy, Planning,Director; H G Shane, Assistant Planning Director; Ralph H. Bakewell, Planner IV; and RobertM. Feinberg, Assistant City Attorney, also were present. Mr. Andrew then informed the audience that if a petition on tonight's agenda involves a question of vacating or rezoning any property, this Commission only 4 makes recommendations to the City Council, and the City Council - after holding their own Public Hearing - makes the final determination as to whether a petition is approved or denied; and if a petition for a waiver use request or site plan is denied, the petitioner then has ten days in which to appeal the decision to the Council. Mrs. Friedrichs, Secretary, then announced the first item on the Agenda as Rehearing of Petition 76-4-1-12 by John Kanakis requesting to rezone property located on the north side of Five Mile Road, east of Middle- belt Road in the Southwest 1/4 of Section 13, from P and R-7 to C-2. Mr. Andrew: Mr. Nagy, is there any correspondence in the file regarding petition? Mr. Nagy: Yes, we have a letter from the Engineering Division indicating that there appears to be no storm sewer in this area to service the site. . . etc. Also, a letter from Ab-Ro Realty Company requesting that action be taken on Petition 76-4-1-12 . . .etc. Mr. Andrew: Is the petitioner present? John Kanakis: Yes. 26230 Meadow- brook Way, Southfield,Mi. to Mr. Andrew: Mr. Kanakis, according to the background information we have, you are no longer interested in this petition. Is that true? It is up to Mrs. Slater to continue this petition now? Do you have any financial interest in this at all? Mr. Kanakis: Yes, I have an interest if we can get the zoning changed from parking. 6364 IL Mr. Andrew: Mr. Feinberg, at this point in time, do you understand that Mr. Kanakis is just a representative of Mrs. Slater's on this petition, or just how does he fit into this? Mr. Feinberg: Well, the way I understand this, there has been no definite petition signed by at least 50% of the property owners within the area of the zoning change. Mr. Andrew: Well then, what petition are we acting on? Mr. Nagy: We are asked to act on a Rehearing of Petition 76-4-1-12 filed on April 5, 1976, with the owner of the property being shown as Albert J. Slater, 31195 Schoolcraft and the petitioner being John Kanakis. Mr. Andrew: On the original petition, is there anything to indicate that Mr. Kanakis no longer has any financial interest in this property? Mr. Nagy: .We have a letter dated January 6, 1977, addressed to the Livonia Planning Commission . . . "Please take action on Petition 76-4-1-12" signed Helen M. Slater, 31195 Schoolcraft, Livonia. A representative of Ab-Ro Realty indicated to us that Mr. Kanakis was no longer • . pursuing this petition. The Planning Commission was then instructed to determine whether or not Mrs. Slater Could pursue a petition filedby John Kanakis. The Law Department informs us that Mr. Kanakis had to consent to Mrs. Slater's pursuing this petition. li: • Mr. Kanakis has now sought to reactivate his own petition. Jeffrey Ishbia: It is my understanding that the final sale of this property Attorney for has not been completed. It appears there was a contingency J.Kanakis involved in the purchase of this land depending upon the rezoning of the property. If the petition was denied, the funds were to be returned. The present Offer to Purchase is based on whether or not the property is rezoned in the future. I believe Mr. Abraham will confirm this. We are still very much interested in purchasing this property if it is rezoned. Mr. Andrew: This determination will be made if a• valid Agreement of Sale exists. If it does not exist, then I would say Mr. Kanakis has no financial interest in this petition. I feel we should find out exactly where he stands. Jeff Ishbia: My client has paid the taxes on this property during the past couple of years. A reasonable amount of money has passed. Mr. Falk: It appears to me that Mrs. Slater is still the sole owner. No land contract exists. In the letter of January 6, 1977 she is the one desirous of pursuing the petition. There is nothing to indicate that she doesn't want to pursue this petition. Mr. Nagy: (He read •again the letter from Ab-Ro Realty dated 1-6-77) . Mr. Falk: You can see that this letter was written long after the original petition was filed. W. Abraham: May I speak on this petition? (he then identified himself.) Ab-Ro Realty 6365 Mr. Andrew: Do you want to speak from a brokerage standpoint? ILMr. Abraham: I wish to speak as a representative of Mrs. Slater; I have an office directly across the street from this property. Mr. Andrew: Does Mr. Kanakis have any financial consideration in this property? • Mr. Falk: An unusual situation where the purchaser pays the taxes prior to the consumation of a deal. Mr. Abraham: Mr. Kanakis has paid the filing fee. That is why he has an interest in it. Mr. Falk: Whether or not the owner wishes to pursue it, I would say that the issue is still very much alive. Have you had any conversation lately with Mrs. Slater? Mr. Abraham: Obviously, she wishes to pursue the petition. Mr. Andrew: Mr. Kanakis, the original purpose for the rezoning of this property was to construct a restaurant on the property. Our primary concern here is the possible rezoning of the R-7 piece of land to the immediate north. The C-2 zoning would be needed to accommodate a restaurant, but I would prefer to see the presently zoned R-7 land landscaped in order to prevent access by your patrons to Lancaster Avenue, which is a residential street. Mr. Kanakis: We would only use this particular piece of land for parking. I Mr. Andrew: The width of the presently zoned R-7 land is 20' x 140' . Tell me, if this 20' were not rezoned to C-2, could you still proceed with your proposed restaurant development? Mr. Kanakis: What would I do with the 20'? • Mr. Andrew: Why not landscape it? Assuming that the waiver use request and • the site plan approvals were obtained, the Planning Department could assist you in coming up with adequate -landscaping. • Mr. Kanakis: OK, I guess I could landscape' it. I suppose I could live with it. Mr. Andrew: Any questions from the Commission? Is there anyone in the audience wishing to speak further on this petition? W. Abraham: This piece of property on the west side, the existing building 29127 5 Mi. Loeffler Hardware, which is 50' x 100' was constructed before Livonia Zoning Ordinance #543 was adopted. Now the Zoning Ordinance calls for 60' setback, which is unreasonable. This Zoning Ordinance was set up for shopping centers, but not for something already existing. Mr. Andrew: I think that you are aware that if these parties involved are successful in obtaining the rezoning, and successful in their ILapplication for a waiver use approval, they still have to go before the Zoning Board of Appeals in relation to the setback required. There is relief from the present situation. Mr. Abraham: But that might take anywhere from 90 days to six months. Why dont you either approve it or deny -it. • 6366 Jeff Ishbia: I just want to reiterate that Mr. Kanakis has no objections • whatsoever to landscaping the 20' presently zoned R-7. Mr. Zimmer: If Mr. Kanakis were to get relief from the Zoning Board of Appeals and got permission to build on that property that is presently zoned parking, couldn't he also use that same property for restaurant parking purposes only? Mr. Andrew: Mr. Nagy, do you concur? Mr. Nagy: If the size of the building, the size of the restaurant remains consistent with the same building he first planned to put up, yes the property already zoned C-2 is sufficient to accommodate the restaurant building. Mr. Zimmer: If he puts the restaurant on that property petitioned for C-2 possibly he need not get parking rezoning for that portion of the property up front. Merely go to the Zoning Board of Appeals. Mr. Nagy: That is correct. Also, the depth of that C-2 portion of the property is 100' . With the building being 40' x 100' it would run parallel with Five Mile Road the long way and not even be in conflict with the front yard setback. Mr. Abraham: I talked to Harry Tatigian, City Attorney, in reference to filing this petition. He said that the Parking would have to be changed to C-2 before he could go to the Council. ° Mr. Nagy: Let me read from the files, Opinion #76-4, dated May 26, 1976, from the Law Department, SUBJECT: Parking District Regulations, as follows: Therefore, you can satisfy off_street parking for restaurant use even if •the area is presently zoned Parking, doesn't have to be rezoned to C-2. Mr. Abraham: Well, I was told that couldn't be taken up with Council until it was rezoned. Mr. Nagy: We asked Mr. Kanakis to prepare two site plans based on the property as it is presently zoned. The plan that was preferred would have to be worked out with the Zoning Board of Appeals as it proposed a building in relation to the established building line and therefore encroached into the front yard setback. Mr. Abraham: First I ever heard of that. Mrs. Wisler: We have looked at this petition a number of times regarding the • rezoning of the property presently zoned Parking. I feel the commercial use would be acceptable, but what about the R-7 in the rear. There definitely would be an increase in traffic on the residential street if this were opened up. I feel there should be some screening for the residential property owners. I feel the property should be rezoned to C-2 in order to give the petitioner enough room to develop the site, but let's protect that area in the rear from traffic. There was no one else wishing to speak further on this petition and Mr. Andrew, Chairman, declared the Public Rehearing on Petition 76-4-1-12 closed. Mrs. Wisler: I would like to offer both an approving and a denying resolution , :approve the rezoning of. P to C-2, but deny the R-7 to C-2. 6367 Mr. Zimmer: Support. IL Mr. Andrew: Mr. Ishbia, would you have any objections to amending your client's petition by filing a letter with the City Clerk's office tomorrow- simply deleting the R-7 portion of the land from this petition? What is it - 20' x 100'? Mr. Ishbia: We have no objections whatsoever to filing a letter indicating that we will delete that portion that you so desire. We will amend our petition to eliminate the R-7, 20' x 140' piece of. land, located at the extreme north end of the property. Mr. Feinberg: Mrs. Slater, have you seen the letter written by Mr. Abraham? Mrs. Slater: We just came in. We don't know exactly what you are talking about. 31195 School- craft Mr. Andrew: We have just asked the Attorney for Mr. Kanakis whether or not he would be in agreement to amend the rezoning petition to eliminate that piece of land, 20' x 140' from his petition. Do you have any objection if we just leave it R-7? Mrs. Slater: No, we have no objections. Mr. Andrew: The motion is to approve Petition 76-4-1-12 as amended, which will simply change the land presently zoned P to C-2, and delete the R-7 portion entirely. On a motion duly made by Mrs. Wisler, seconded by Mr. .Zimmer, it was #5-80-77 RESOLVED that, pursuant to a Public Rehearing having been held on May 3, . 1977 on Petitidn 76-4-1-12 as submitted by John Kanakis requesting to rezone property located on the north side of Five Mile Road, east of Middlebelt Road in the Southwest 1/4 of Section 13, from P and R-7 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 76-4-1-12 as amended by letter dated May 4, 1977 from Jeffrey A. Ishbia, Attorney for John Kanakis and on behalf of Helen Slater, so as to request a change of zoning from P to C-2, be approved for the following reasons: (1) It is a logical, minor extension of the established C-2 zone. (2) It is consistent with the adopted Future Land Use Plan. (3) It would facilitate an improved site development. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 4/14/77, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumer Power Company and City Departments as listed in the Proof of Service. • 1110 A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, DuBose, Zimmer, Falk, Scruggs, Wisler, Andrew NAYS: None ABSTAIN: Kluver ARGENT: Scurto 6368 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution (0 adopted. Mrs. Friedrichs announced the next item on the agenda is Petition 77-3-1-3 by Tom's Northwood Market, Inc. , to rezone property located on the northwest corner of Middlebelt and Clarita in the Northeast 1/4 of Section 11, from C-1 and R-5 to C-2. Mr. Andrew: Mr. Nagy, any correspondence in file regarding petition? Mr. Nagy: Yes, we have a letter dated March 18, 1977 from the Engineering Division indicating that this petition meets with the approval of their office, except for the fact that they feel Clarita Avenue should be improved . . .etc. Mr. Andrew: Is the petitioner present? Norman Hyman: Yes, I will be representing Tom's Northwood Market, which is the owner of this property, as well as the petitioner. I have with me Mr. William Hines of Pizza Hut, Kalamazoo; Mr. Larson of the M.E.Arden Co. ; and Mr. Tom Zoedes, Architect. Between us, we hope . we can answer any questions you may have. Mr. Andrew: ' I would like to confine this discussion as much as possible to the rezoning of this land rather than any site plans. Mr. Hyman: This sketch here will be the extent of any site plan tonight but I would like to point out to you the attractiveness of the restaurant i especially with the landscaping of the berms .to screen the development. You have before you a booklet outlining the history of Pizza Hut Restaurants. And Pizza Hut is making one of the first attempts to utilize this land. 'Mr. Larson of the M.E. Arden Company has made numerous attempts to sell this land for C-1 use. . As you know, he is a most qualified broker in this area. And he has had possibly as many as 100 prospective buyers for this land, but not one of them is interested in the land as it is presently zoned. I have here an outline of Mr. Larson's activities with regard to selling this land. The Pizza Hut Company is very much interested in this property, and you know that it is one of the leading restaurant chains in the United States. We feel that virtually all our business would come from within a two-mile radius of the restaurant. It is strictly family-oriented-sit-down dining room with a full menu, for middle- income families. Do you know that 47% of Americans today eat 50% of their meals in restaurants? In another 10 years, that figure could rise to about 70%: More statistics: 51% of Pizza Hut customers are from 18 to 49 years of age; another 11% are over 50; and 26% are from infancy to 12. Clearly, it is a family-oriented restaurant with full-range dining facilities. We have no special carry-out arrange- ments. Every effort is made to encourage eating the meal at the place of business. Attractive environment - would be consistent to the area. All food is prepared on the premises - pleasing and acceptable - in fact, they are presently com&ng up with a new idea: Italian Smorgasbord at $2.19 per head. Mr. Falk: Let's keep the subject germane to the rezoning. No more talk about the t menu or site plan. Just want to hear reasons for requesting the rezoning. Mr. Hyman: Just want to stress the fact that constant attempts have been made to sell this land with the C-1 zoning with complete failnr! . Nn one 6363 wants to buy it as it is presently zoned. Mr. Andrew: When did Tom's Northwood Markets acquire ownership? Mr. Hyman:. I'm really not certain of the particular period of time when they purchased. They own the whole corner. Mr. Scruggs: Mr. Hyman; what are you contemplating the restaurant hours to be? Mr. Hyman: 11:30 a.m. to Midnight every day, except Friday and Saturday when it will remain open until 1:00 a.m. Mr. Andrew: Mr. Hyman, where is the nearest pizza hut to this location? • Mr. Hyman: On Eight Mile Road, between Beech Daly and Grand River. Mr. Zimmer: Mr. Hyman, this property was zoned C-1 in 1971. Did your client own the property at that time? Mr. Hyman: Yes, I believe they did. Mr. Andrew: Any questions from the Commission? Mrs. Wisler: Mr. ` yman, have you looked at any other property in the City presently zoned C-2 in terms of placing your restaurant? 1[0 Mr. Hyman: Yes, we have been looking at more than one site. Mr. Larson: Basically, there are certain avenues to explore as far as land M.E.Arden Co. such as this is conerned. We have been trying to either sell or lease this parcel for the past couple of years. Probably, one of the difficulties has been because of the closeness of this parcel to one of the larger malls in the area. There are so many stores in the Mall. Smaller businesses prefer to be enclosed in the Mall. We talked to quite a number of people that would fit into the C-1 zoning of this property, but no one was interested. We have been managing the Shopping Center directly to the north for about 12 years. These stores are not only competing with those in the Mall, but also are competing with themselves. Mr. Andrew: Mr. Larson, could you tell me why you think no one is particularly interested in developing this property? Mr. Larson: The cost of acquiring and developing this property at this time is terribly high. Mrs. Wisler: Well, generally speaking, I am opposed to a Cg2 zoning in this area. I have a great fear of a C-2 zoning interfering with the residents nearby. I realize that Middlebelt Road is heavily travelled now, and I feel another restaurant would only increase the traffic more. I am very much opposed to changing that corner to C-2. Mr. Kluver: My only comment is that I feel it is extremely diffcult to support a C-2 zoning in that area. Good planning calls for consistency 4 in a particular area, and a C-2 zoning here does not meet standards of good planning. Mrs. Scurto: • I personally would like to echo these comments. I feel that there is sufficient C-2 land in this town that would allow this business to operate elsewhere. 6370 Mr. Zimmer: The property immediately to the north, as well as the vacant property to the west, does the petitioner own either one of these pieces of land? Mr. Hyman: The petitioner owns the property to the west zoned R-5; as well as the commercial corner on the north. Mr. Andrew: You have indicated that your client still owns the R-5 property on the west - how much? Mr. Hyman: Two lots to the west - approximately two acres. Mr. Andrew: Any more comments from the audience? Dale Anderson: As you can see, this particular corner is sparsely populated - 38036 Lyndon only two houses on Clarita — quite a ways before any more houses. These houses on the corner are tenant-occupied - have not been owner occupied for the past 20 to 30 years. Well maintained. Property probably won't remain residential too much longer, but we feel that commercial property in this location as proposed will provide some degree of security. $3,000 was taken out of one couple's houses not too long ago. I am not opposed to commercial development to the north. Mrs. Friedrichs: Mr. Andrew, I have a certain concern about having a good viable business going in there. The corner does need upgrading, this business is quite successful, and I am sympathetic to the owner who has tried to market this area for some length of time. It's ' true - there are similar type restaurants in this area, but after hearing the owner across the street not being opposed osed to this commercial development, I am more in favor of letting this happen. Mr. Andrew: Any further. comments? Mr. Zimmer: Mr. Anderson, do you live in one of the houses on that piece of property across the street? Mr. Anderson: No, I do not. I only manage it. Mrs. Friedrichs: Were your tenants notified of this Public Hearing being held tonight? Mr. Anderson: No, they were not. Mrs. Friedrichs: I wish we could talk to some of the residents immediately adjacent. I would like to hear what they have to say. Mr. Andrew: I am sure the residents are aware of the possible zoning around them. Mr. Falk: Mr. Anderson, do you own this property as well as manage it: Mr. Anderson: Yes, I do. Mr. Falk: Well, traffic has been one of our major concerns along Middlebelt. Other restaurants have attemptedto locatein this area, and we have 4 denied their requests for one reason or another. I feel that we are flooding this area with restaurants. I would like to see them locate somewhere else in the City. There was no one else wishing to be heard on this item, Mr. Andrew, Chairman declared the Public tic,;lrinq on Peti I c,n 77-3-1-3 closed. 6371 On a motion duly made by Mrs. Wisler, seconded by Mr. Scruggs, it was #5-81-77 RESOLVED that, pursuant to a Public Hearing having been held on • May 3, 1977 on Petition 77-3-1-3 as submitted by Tom's Northwood Market, Inc. , to rezone property located on the northwest corner of Middlebelt Road and Clarita in the Northeast 1/4 of Section 11, from C-1 and R-5 to C-2, the City Planning Commission does hereby recommend to. the City Council that Petition 77-3-1-3 be denied for the following reasons: (1) The proposed change,of zoning which would allow for greater intensity commercial development would be detrimental to the surrounding residential uses located to the south and west. (2) The proposed change of zoning would adversely impact upon the area and tend to lead to the further conversion of residential lands to that of commercial development. (3) It is inconsistent with the Planning Commission's goals and policies for development in that the C-1 zoning provides for a reasonable transition buffer between residential and commercial areas, and the C-2 would bring high intensity commercial development immediately adjacent to residential' uses. • (4)' It would adversely affect the area from a traffic standpoint that area of the proposed rezoning abuts a local residential street, and having access to that local street would increase the traffic volume along the street which would adversely affect tin the street and the neighboring area as it is an unimproved residential street. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 4/14/77, 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Zimmer, Scurto, Falk, Scruggs, Wisler NAYS: Friedrichs, DuBose, Andrew • ABSTAIN: None ABSENT: None Mr. Andrew, Chairman declared the motion is carried and the foregoing resolution adopted. Mr. Andrew then advised the petitioner that this recommendation will be sent to the City Council for their Public Hearing and final decision. • i 63 /2 Mrs. Friedrichs announced the next itrm on the agenda Petition 77-3-1-6 by the City Planning Commission pursuant to Council Resolution #254-77 to rezone property located on the west side of Knolson Avenue, south of J Ann Arbor Road in the Southwest 1/4 of Section 31, from C-1 to'R-1. Mr. Andrew: Mr. Nagy, any correspondence in file regarding petition? Mr. Nagy: Yes, we have a letter dated April 29, 1977 from Michael Vorgitch, 38645 Ann Arbor Road, Livonia, as follows: I protest the rezoning of this property since I have obtained a building permit to retain this as commercial. . . Mr. Andrew: This is a petition instituted by the Planning Commission to rezone the portion of the acreage parcel, the south 70' thereof. This is to be rezoned from C-1 to R-1 in Order to bring the land in consistency with the Future Land Use Plan. Is there anyone in the . audience wishing to speak either for or against this petition? D. Lawrence: Yes, I am here for the Southwest Home Owners Association, and would like to say that our Association is in support of the re- zoning of this petition. The property in question has been owned by this same owner for quite some time, and we have had some serious maintenance problems with the parcel on the east side of Knolson. We feel that any new development in this area would result in the same thing again. We also support this petition because of the boundary line with the residential property being what it is. li: Any more commercial development might create a safety hazard. Washington Elementary School is right close by, and we are concerned about the safety of the children going to and from school in this area. We feel any future commercial development would encroach on the homeowners there. If they were to develop this corner any more, an additional commercial sign would be right on the residential street. Also, the whole idea would depreciate the residential area. . Let's face it, this particular parcel is too small to develop any further commercially. Mr. Andrew: Any further comments from the Commission or the audience? There was no one else present wishing to be heard, Mr. Andrew, Chairman declared the Public Hearing on Petition 77-3-1-6 closed. ON a motion duly made by Mr. Kluver, seconded by Mr. DuBose, and unanimously adopted, it was . #5-82-77 RESOLVED that, pursuant to a Public Hearing having been held on May 3, 1977 on Petition 77-3-1-6 as submitted by the City Planning Commission pursuant to Council Resolution #254-77 to rezone property located on the west side of -Knolson Avenue, south of Ann Arbor Road in the Southwest 1/4 of Section 31, from C-1 to R-1, the City Planning Commission does hereby recommend to the City Council that Petition 77-3-1-6 be approved for the following reasons: (1) The proposed change of zoning would bring the commercial district IL boundary lines into conformance with the developed commercial properties of the area and, in turn, reduce the intrusion of this commercial district into the adjoining residential area. 6373 (2) It is in conformance with the recommendations as set forth on IL the Future Land Use Plan. (3) It will effect the development plan as submitted by the property owner in connection with the development of the balance of the parcel as zoned commercial. (4) By this change of zoning, it will remove the potential traffic hazard that would be placed upon Knolson Avenue if the subject. area were to be ultimately developed in a commercial classification, as the subject area faces directly onto Knolson Avenue, a local residential street that serves the adjoining residential subdivisions of the area. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 4/14/77, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company, and City Departments as listed in the Proof of • Service. Mr. Andrew declared the above motion carried and the foregoing resolution adopted. Mrs. Friedrichs announced the next item on the agenda is Petition 77-3-1-7 by Samuel Zawideh to rezone property located on the west side of Middle- . belt Road between St. Martin and Bretton in the Southeast 1/4 of Section 2, from P.S. to C-1. IL Mr. Andrew: Mr. Nagy, any correspondence in file regarding the petition? Mr. Nagy: ' We have a letter from the Engineering Division indicating that there are no city maintained storm sewers in this area . . . . etc. • Mr. Andrew: Is the petitioner present? Sam Zawideh: The main reason I came here is because of the taxes. I have had this 3117 Parkland property for about 10 years. The taxes have always been about $500 W.Bloomfield a year, but for the past two years they have gone up to $1900. So I tried to buy the property on either side of me in order to put up some strip stores - maybe three or four. But neither side would sell. I would like this rezoned just as a matter of economics. Mr. Andrew: It appears there is a house on the property. Sam Zawideh: No house. Mr. Andrew: House has been torn down? S.Zawideh: Yes. But I would consider it if the land could be rezoned to Residential. That might bring down the taxes to $500 or $600 a li., year, the way it used to be. Mr. Scruggs: Sam, are there homes to the north and south of you? Generally speaking, I feel that the same reasoning exists here as it did in the previous petition. We just don't like commercial development in a residential area. But I suppose it could go back to a residential zoning. 6374 S.Zawideh: Across the street there is commercial development, as well as two dilapidated houses. Mr. Scruggs: But there are homes directly west of you. Mrs. Friedrichs: , I can certainly understand why the P.S. zoning here might be a drag on the market. But I also feel that there are too _many mini stores in this area; don't want to put in any more. Mr. Andrew: Mr. Zawideh, what particular use did you have planned to go into this area. S.Zawideh: Well, I was thinking about putting in a liquor store. Mr. Andrew: Do you feel that you would have a better chance of developing this property if the land on the north and south of you also were zoned P.S.? S.Zawideh: Nb, I do not. Mr. Andrew: Any more comments? There was no one else wishing to be heard, Mr. Andrew declared the Public Hearing on Petition 77-3-1-7 closed. On a motion duly made by Mr. Scruggs, seconded by Mrs. Scurto, and unanimously adopted, it was #5-83-77 RESOLVED that, pursuant to a Public Hearing having been held on, May 3, 1!: 1977 on Petition 77-3-1-7 as submitted by Samuel Zawideh to rezone property located on the west side of Middlebelt Road between St. Martin and Bretton in the Southeast 1/4 of Section 2, from P.S. to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 77-3-1-7 be denied for the following reasons: (1) The proposed change of zoning is inconsistent with the Future • Land Use Plan as adopted by the Planning Commission which recommends office usage for this area. (2) It is inconsistent with the adopted land use goals of the Planning Commission which recommends that office uses should provide the transitional and buffer zone to protect residential neighborhood from the adverse effects of heavily travelled roads and/or major commercial business centers. (3) It would not promote the orderly growth and development of this area, but would tend to encourage the further conversion of office or residential uses to that of commercial and lead to the further strip commercial development of the neighboring area. FURTHER RESOLVED that, notice of such Public Hearing was sent to the official newspaper, the Livonia Observer, under date of 4/14/77 t 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. I 6375 Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mrs. Friedrichs announced the next item on the agenda Petition 77-3-1-8 by Republic Development Company to rezone property located on the south side of Six Mile Road between Haggerty Road and the I-275 Freeway in the West 1/2 of Section 18, from M-1 to R-2, R-7 and C-2. Mr. Andrew: Mr. Nagy, any correspondence in the file regarding the petition? Mr. Nagy: We have a letter from the Department of Public Safety, Police Dept. , indicating that improvements of roads in that area would be necessary due to the increased volume of traffic . . . etc. As well as a letter from the Fire Department. Mr. Andrew: Is there any firm date as to when the proposed construction might take place? Mr. Nagy: No firm date. Mr. Andrew: Is there a representative of the petitioner present? Kenneth Hale: Yes, I would like to represent the Republic Development Company. Hale & Free- We have developed quitea number of subdivisions here in Livonia. man As the Rose-Hill Building Company, we established Castle Gardens, 15195 Farming- Tiffany Park(about 2000 units) , and possibly 20,000 units in ton Metropolitan Detroit. We have also done business in the Wonderland Shopping Center. Have been involved in the City of Livonia for a long time. We are asking for approval to rezone this particular piece of E property, which is roughly between Haggerty Road and the I-275 Freeway. There is approximately 131 acres there, and it is presently zoned M-1, which mightinclude light manufacturing, warehouses, etc. Rev. Adams of the Trinity Baptist Church is proposing to put up a convalescent home on his ten acres on the north side of Six Mile Road, and the heavier industrial facilities under the M-1 zoning would not be compatible to that facility. We are asking that property be divided into two sections: single family residences will take up approximately 107 acres, small amount for R-7 and the remaining small amount for C-2. We are proposing slightly less than 12 acres for the C-2 zoning, something that will not be in conflict with the proposed Laurel Park development. The R-7 would include approximately 12 acres, possibly two-story building encompassing 130-140 units. The R-2 district would invlove the construction of larger type homes, 1500 sq. ft. or better, 2 1/2 homes per acres, 70' lots, selling price to be approximately in excess of $50,000. The surrounding area is residential, and we do have a letter from the school system, indicating no objections on their partto the residential development of this land as they feel they have plenty of room to accommodate the children. I believe the overall plan will contribute favorably to the area, and feel confident that the fire and water problems mentioned by Engineering can be worked out. The M-1 zoning certainly is not compatible to the area. Mr. Andrew: Any questions from the Commission? 6376 Mr. Scruggs: Mr. Hale, you do realize that this proposal is contrary to the Future Land Use Plan of the City, and I am sure your commercial development could in no way be comparable to Laurel Park. Presently, E there is a shopping center on the corner of Newburgh and Six Mile which occupies about 10 acres. You say your proposal would occupy about 12 acres. When we had the Laurel Park development people here we really made the owners do a number of things for the City. I suppose I could say that this section will become quite a jewel in the City. With the proposed landscaping of the berms, as well as a boulevard along Six Mile Road, I am sure that this would be quite enough for that part of the City. The letter from the Engineering Division indicates that improvements in your area would be quite costly. Mr. Hale: I think that it would simply be unadvisable to try to construct any stores that would compete with Laurel Park. That doesn't make any sense. We are thinking about a theater, possibly a bowling alley, anything that would not be located in the other two areas in the vicinity. My client is aware of engineering problems involved, but it is nothing too formidable. Mr. Scruggs: Well, I would like to see something a little more definite with regard to the particular layout of your proposal. Mr. Andrew: Any more comments? Mr. Kluver: I have looked very closely at this petition, and I feel that this proposed development lacks anything unique about it. It appears to me to be a very standard type of development. I am not ready to accept that type of development for that particular parcel. It is one of the last areas in the City to be developed. I feel it should have a little creativity, something a little more unique, especially due to the proximity of the expressway. I am not ready to vote on this issue at this time; and feel it should be tabled until a later date. Possibly, they could then come up with something just a little bit different - better than what it is now. Mr. Hale: Things that are unique are not always feasible. We wanted something unique too. Appreciate your comments. Mr. Falk: Would you be willing to go to R-3 instead of R-2? What you will have across the way are on R-3 lots. I think we should study this further. Mr. Hale: The builder feels that houses on R-2 lots would be more saiable. Houses on R-3 lots would be more expensive. Mr. Falk: If you are planning on developing in an R-7 district, why not change the R-2 to R-3? Mr. Hale: My client would like to speak. Howard Binkow: Multiple financing is available today. We feel that this area tj Republic Dev. is in a good market area for R-7 units. As to the R-2 zoning Company versus the R-3, this is a very unusual piece of land. We feel we can get approximately 3.3 houses to the acre with an R-2, but only 3 to the acre with an R-3. With an R-2-C zoning, our houses would be at least comparable size-wise to those presently located in an R-3-B district. In fact, square footage of the house would be a little bit higher. 6377 Mr. Andrew: Has the R-2-C designation been cited on the petition? Mr. Nagy: Yes. Lyle Adams: 14800 Middle- I am here to speak on behalf of the petition. We are contemplating putting up a health-care rest home in that area. Have been planning belt this for some time. The Trinity Baptist Church owns 12 acres -Trinity Baptist immediately across from the proposed R-7 district. We have two Church, 38900 W. acres with frontage directly on Six Mile .Road. The church building Six Mi. Rd. is a historical ciurch site. Then we have 10 acres set aside for our health care facility. We hope to begin construction this. summer. Again, we feel that this development across Six Mile is compatible with what we are proposing. Mr. Andrew: Rev. Adams, the cemetery adjacent to your church, is that owned by the Church? Rev. Adams: The frame church building on the cemetery is actually owned by by the United Cemetery Association. We have papers in writing from the officers of the old United Cemetery Association to the effect that as long as we intend to service and maintain the property it is alright to use this for church services. The title is with the United Church Association. Mr. Andrew: Mr. Binkow, one of our Commissioners mentioned the possibility of a boulevard section on Six Mile Road, which would require additional right-of-way. Do you have any conflicting feelings regarding this type of construction along Six Mile Road? Mr. Binkow: Even if we had the change of zoning today, there are vario s concerns we would have to work out with the City. One of the problems is the road way. But I am sure thebe can be solved with the various City departments. We feel we have a good solid proposal that the City would be happy with. Presently, across Haggerty Road in Northville Township, there is a gas station. We know what is up there, and we know how to develop it further to the best advantage for all concerned. Ford Lanes is interested in putting a bowling alley, as well as a major theater owner in the area is interested. Mrs. Scurto: When the particular piece of land Newburgh Plaza is constructed on was zoned commercial, we were stuck with the possibility of taking that zoning away. I feel that is what is happening here. Certainly, you would not be in competition with Laurel Park or Newburgh Plaza, but personally I would love to see this land zoned residential. Mr. Andrew: Mr. Nagy, didn't the Livonia School Board direct a letter to us indicating that 350 units in this area would. develop 385 students. Does that include the R-7 district also? Mr. Nagy: The School Superintendent merely indicated 350 units developing 385 students - did not distinguish between single and multiple units. There was no one else wishing to be heard, Mr. Andrew, Chairman, declared the Public Hearing on Petition 77-3-1-8 closed. 6378 On a motion duly made by Mr. Kluver, seconded by Mr. Falk, and unanimously adopted, it was #5-84-77 RESOLVED that, pursuant to a Public Hearing having been held on May 3, 1977 on Petition 77-3-1-8 as submitted by the Republic Development Company to rezone property located on the south side of Six Mile Road between Haggerty Road and the I-275 Freeway in the West 1/2 of Section 18, from M-1 to R-2, R-7 and C-2, the City Planning Commission does hereby determine to table Petition 77-3-1-8 until the next Study Meeting scheduled to be conducted on May 24, 1977. Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. Mrs. Friedrichs announced the next item on Agenda as Petition 77-3-3-3 by the City Planning Commission pursuant to Council Resolution #277-77 to vacate that portion of the right-of-way of Henry Ruff Road located west of Oporto, south of Six Mile Road in the Northeast 1/4 of Section 14. Mr. Andrew: Mr. Nagy, any correspondence in file regarding the petition? Mr. Nagy: Detroit Edison indicates no objection to this vacating as they have no equipment involved. Engineering Division notes that with the vacating of this property, a full width easement should be maintained. Mr. Andrew: This is a petition initiated by. the City Planning Commission for IL the following basic reasons: 1) This would eliminate any possibility of commercial traffic flowing to and from Vargo's going south to Munger; 2) the Master Thoroughfare Plan does not provide for its extension onto Six Mile Road, and 3) it would free up additional land for residential development. Is there anyone in the audience wishing to speak either for or against this petition? Mrs. Brandt: We have a definite problem here. The creek comes north in front 30175 Munger of my home and we are flooded. We need a piece of theright-of-way west of my home. Mr. Andrew: We are talking about vacating Henry Ruff north from Munger Road. I don't see how the vacating of Henry Ruff would affect your home south of Munger. Mr. Nagy: Mrs. Brandt, we are talking about Henry Ruff Road north of your home. Your house is not affected by this petition. There never was any development of Henry Ruff from Munger Street leading into Vargo's property. Your area, platted as Livrance Estates, has Henry Ruff Road as the half-mile road. Mrs. Brandt: Well, I think something should be done about the flooding along this road. Munger could be washed right away, which it has been. Mr. Andrew: I believe that is a problem for the Engineering Division to take care of. Possibly they could enclose that drain in a pipe. Has I: a timetable been established for that. Mr. Nagy: Nothing in the letter from Engineering indicates anything to that effect. However, road improvements in that area have nothing to do with this petition. It has not as yet been decided if there even should be a roadway from Munger up to the restaurant. And Engineering will handle the problem of drainage when and if this nro iect i., Qvc'r devel raped. I 6379 G.Eisenstein: Mr. Chairman, you alluded to the fact that if this petition goes 16581 Henry through, that section of Henry Ruff will be vacated, indicating Ruff a possibility of a future development in that area. Well, some of the residents in that area have already received notice of a meeting two weeks from now about a certain land company wanting to come in and build homes. This letter also indicates that the land has already been vacated. Mr. Andrew: Well, I don't understand that - only the Council can vacate land. Mr.Eisenstein: Well, it appears the head of Don Vargo has risen again. At the last meeting he attended with the City Council, he was allowed to put an addition on a non-conforming building provided that there would be no more development in the area. Now it looks like two weeks from now, Mr. Vargo will again get his cake and eat it too. When we moved out to this area, the zoning was such that it was to'remain rural. More or less a sanctuary type of area. If the zoning were to be changed, it would be disruptive of the whole place. Three years I have lived there near Bell Creek, and every year the creek gets higher especially after a storm. More development - more water. I also have a couple of pictures here showing what it looks like after a rain. I only ask that you people sitting on this Board consider those of us who live there and deny this petition. Mr. Andrew: Anyone else? 14.dRobert King: I live right next door to the property under petition. I wish to 30445 Six Mi. speak strictly about vacating Henry Ruff Road. The flooding off the Road, plus the paving across the street, plus the subdivision north. That is something I think Engineering should take into consideration. This flooding is really getting bad. It certainly affects our garden. Mr. Andrew: Mr. King, are you opposed to vacating Henry Ruff Road? Mr. King: Personally, it doesn't make any difference to me. The only thing I guess is that I was under the impression that Mr. Vargo would change this to RUF. I guess you could say that I am in favor of vacating Henry Ruff Road. I would like to keep this residential. Mrs. Scurto: Mr. King, does your property go all the way down to Munger? Mr. King: Yes, it does. Mrs. Wisler: Mr. Eisenstein, I think it would be to your advantage if this property were vacated, so that nobody could travel out of Vargo's down to Munger, prohibiting traffic in your residential area. If it were not vacated, it could possibily be used in that way. Mr.Eisenstein: I know that it would be impossible to put a road down through all those trees on this property. But I suppose a house could be built there with access on to Munger. Mrs. King: Why couldn't we just table this whole subject until the next meeting two weeks from now? 6380 Mrs. Friedrichs: What advantage would a developer gain if we were to vacate 1[00 this road? Mr. Andrew: Flexibility of development, otherwise the developer would be restricted to a 43' right-of-way. Mrs. Friedrichs: You mean we would be giving the developer 43' additional feet in the development of this land? Mr. Nagy: That would still be better than reverting back to public ownership. He would be paying additional taxes on the land attaching to his property. The public would not have to maintain a right- of-way that is unused and not needed by the public. Mrs. Friedrichs: Yes, I guess it would encourage his ability to develop it as a subdivision. Another question I would have for Engineering and that is when would they go in there and do something about the flood plain? What about the wild life in that area? Would enclosing the creek have any effect on the wild life? Also, . looks like a lot of trees. If you enclose the creek, the whole ecological balance of nature would be upset. I feel an impact study should be done on this subject. There was no one else wishing to be heard on this petition, Mr. Andrew declared the Public Hearing on Petition 77-3-3-3 closed. 11 4 On a motion duly made by Mrs. Friedrichs, seconded by Mr. Scruggs and adopted, it was #5-85-77 RESOLVED that, pursuant to a Public Hearing having been held on May 3, 1977 on Petition 77-3-3-3 as submitted by the City Planning Commission pursuant to Council Resolution #277-77 to vacate that portion of the right-of-way of Henry Ruff Road located west of Oporto, south of Six Mile Road in the Northeast 1/4 of Section 14, the City Planning Commission does hereby determine to table Petition 77-3-3-3 until the next study meeting scheduled to be conducted on May 24, 1977. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, DuBose, Scurto, Scruggs, Wisler, Andrew NAYS: Kluver, Zimmer, Falk ABSENT: None Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mrs. Friedrichs announced the next item on the agenda Petition 77-3-6-5 by the City Planning Commission pursuant to Council Resolution #172-77 to amend Section 25.05, Waiver Uses, of Ordinance #543, the Zoning Ordinance of the City of Livonia, by adding paragraph (c)' to provide for Class C Liquor Licensed establishments as waiver uses in C-4 Districts. Mr. Andrew: This is a petition initiated by the City Planning Commission to amend 1110 the present Zoning Ordinance. Anyone wishing to be heard on this petition? There was no one present wishing to be heard on this petition and Mr. Andrew, Chairman declared the Public Hearing on Petition 77-3-6-5 closed. On a motion duly made by Mr. Kluver, seconded by Mr. Zimmer and unanimously adopted, it was 6381 IL #5-86-77 Resolved that; pursuant to a Public Hearing having been held on May 3, 1977 on Petition 77-3-6-5 as submitted by the City Planning Commission pursuant to Council Resolution #172-77 to amend Section 25 .05, Waiver Uses, of Ordinance #543, the Zoning Ordinance of the . City of Livonia, by adding paragraph (c) to provide for Class C Liquor Licensed establishments as waiver uses in C-4 Districts, the City Planning Commission does hereby recommend to the City Council that Petition 77-3-6-5 be approved for the following reason: (1) The waiver use requirements. will afford the City greater control over the location and nature of establishments desiring liquor licenses. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer under date of 4/14/77 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company, and City Departments as listed in the Proof of Service. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mrs. Friedrichs announced the next item on the agenda Petition 77-3-7-2 by the City Planning to amend Part III of the Master Plan of the City of . Livonia, the Subdivision Rules and Regulations, so as to establish controls relative to lots abutting major thoroughfares in Section 9.01, 9.03 and 9.08. Mr. Andrew: This is a petition initiated by the Planning Commission to amend ' the Subdivision Rules and Regulations of the Master Plan of the City of Livonia. Anyone wishing to speak on this petition? There was no one wishing to be heard on this petition and Mr. Andrew, Chairman, declared the Public Hearing on Petition 77-3-7-2 closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Scruggs and unanimously adopted, it was #5-87-77 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 May 3, 1977 for the purpose of amending Part III of the Master Plan of the City of Livonia, Subdivision Rules and Regulations, the same is hereby amended so as to establish controls relative to lots abutting major thoroughfares in Sections 9.01, 9.03 and 9.08 for the following reasons: (1) The Subdivision Rules and Regulations as currently written contain very little guidance and no standards regarding the establishment of greenbelt easements. (2) The lots abutting major thoroughfares require special screening to protect residents from noise and to afford them maximum privacy. t , 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 Plan of the City of Livonia which is incorporated herein by reference, the 6382 same having been adopted by resolution of the City Planning Commission, with all amendments thereto. and further that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission; and a copy shall also be forwarded to the Register of Deeds for the County of Wayne with the following certification contained thereon. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mrs. Friedrichs announced the last item on the agenda Petition for Preliminary Plat approval for Windridge Village Subdivision proposed to be located on the north side of Seven Mile Road between Gill Road and Farmington Road in the Southeast 1/4 of Section 4. M::. Andrew: Mr. Nagy, any correspondence in the file regarding the petition? Mr. Nagy: Engineering Division advises that following improvements would have to be made. . .etc. Inspection Department advises lots as shown exceed minimum requirement - no problems. Fire Department requires specific location for hydrants . . . Police Department advises single access into and out of subdivision could pose a problem if entrance ever were to become blocked . . .etc. Also, we have a lette_^ from - the Livonia Urban Farms Civic Association opposing the establishment of this proposed subdivision. Mr. Andrew: Is the petitioner present? G.Frankli.n: Yes, T will be representing the Biltmore Development Company. This Biltmore Pro- is merely a Preliminary Plan in an R-1 district. All lots are a perties,Troy minimum of 70' wide which is 10' greater than the minimum required under your Zoning Ordinance. As far as the comment from your Police Department regarding only one access into and out of this subdivision, there will be a boulevard at this point because of the limited frontage on Seven Mile .Road. Mr. Andrew: Mr. Nagy, is there any reason why Engineering does not show ease- ments on the Preliminary Plans any more? Mr. Nagy: Easements will be shown on all plans following the detailed layout by their engineering for the public utilities. Mr. Andrew: Then, we could call- this a pre-preliminary plat. When will this Commission have the opportunity to see any easements - on a Final Plat Plan? Mr. Nagy: Easements are shown as far as the major drainage systems, and the major greenbelt.._areas are shown, otherwise we let Engineering Division work those out with the developer at the time of final plat preparation. Mr. Andrew: Mr. Franklin, it appears that you are not planning this plat unbr your ownership. Is there any particular reason why you are not planning on owning this property? . Mr. Franklin: We are in the process of acquiring the land to the east. We are also hoping for a rezoning of all adjacent land included in the overall plan. Mr. Andrew: What about that area to the north? Mr. Franklin: We are hoping to acquire that land also. 6383 • • Mr. Andrew: With the acquisition of all this property, I am becoming more concerned about the lack of an ingress and egress point on Seven Mile Road. Mr. Franklin: We will provide additional driveways into the subdivision when the land is acquired. Mr. Andrew: Does your overall plan show this? Mr. Franklin: Yes, it does. Mr. Nagy: I would say that it would be appropriate to table this petition so that we might review the overall plan. Is that alright with you, Mr.. Franklin? Mr. Franklin: We were hopeful that we could move right along. with the first phase. The longer we delay we might miss this development year, but I do understand your concern. I would like to proceed with as much speed as possible. Mr. Andrew: We could table this until next Tuesday - that wouldn't be too much of a delay. Is there anyone 4.n the audience wishing to speak either for or against this petition? Dino Thomas: What about a sewer line. I have owned this property for about 10 29570 Gil- or 11 years. All I ever hear is talk. I wahted to build a house Christ, Farming- here 10 years ago, and they wanted to turn it into commercial or ton Hills light manufacturing. Mr. Andrew: Mr. Thomas, you are welcome to attend our Study Session next Tuesday. Anyone else? Phil Barrett: I own this lot marked HH362. This subdivision is starting to be a 19630 Gill Rd. problem, and I want to first say that I just recently signed a petition for the people who live on Gill Road, and also Norfolk which property has been under the RUF zoning for the last 20 years. RUF zoning allows us to keep animals. The Council allowed rezoning the property on the south, east and west to an R-1 classification. I feel there might be a tremendous conflict with these people when my pigs start getting in the _r way. I feel that they stole the RUF atmosphere right away from us, and they should give more consideration to those people who live in that area before they start, platting future subdivisions. Sure we could benefit by the development of this property - sewers, streets, easements, cyclone fences, etc. There should be a definite separation between our RUF land and the R-1 zoning. I would like to come to your study session next week, and you should put our subject first on the agenda. We have waited all night for this to come up, and we want to be first next week. Mr. Andrew: Anyone else? Susan Clark: I am in full agreement with Mr. Barrett. We don't want any new 34600 Gill subdivisions to deprive us of our rural zoning. There was no further discussion on this petition, Mr. Andrew, declared the Public Hearing on Preliminary Plat approval for Windridge Village Subdivision closed. 6384 4 On a motion duly made by Mr. Falk, :seconded by Mrs. Scurto, and unanimously, adopted, it was #5-88-77 RESOLVED that, pursuant to a Public Hearing having been held on May 3, 1977 on Preliminary Plat approval for Windridge Village Subdivision proposed to be located on the north side of Seven Mile Road between Gill and Farmington Roads in the Southeast 1/4 of Section 4, the City Planning Commission does hereby determine to table said Preliminary Plat until the Study Session scheduled to be conducted on May 10, 1977. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Falk, seconded by Mrs. Scurto, and unanimously adopted, it was #5-89-77 RESOLVED that, the City Planning Commission does hereby determine to remove from the table Petition 77-2-2-3 by James P. Heffner, Jr. , requesting waiver use approval to construct a building for auto rust- proofing on the west side of Merriman Road between Plymouth and Schoolcraft Roads in the Southeast 1/4 of Section 27. On a motion duly made by Mr. Kluver and seconded by Mrs. Wisler, it was #5-90-77 RESOLVED that, pursuant to a public hearing having been held on March 8, 1977 on Petition 77-2-2-3 as submitted by James P. Heffner, Jr. , requesting waiver use approval to construct a building for auto rustproofing on the west side of Merriman Road between Plymouth and Schoolcraft Roads in the Southeast 1/4 of Section 27, the City Planning Commission does hereby recommend to the City Council that Petition 77-2-2-3 be approved subject to the following conditions: (1) that Site Plan #7703, revised date 3/17/77, which is hereby approved, shall be adhered to; (2) that building elevations as shown on the approved Site Plan which are hereby approved, shall be adhered to except that where block is used, it shall be painted a color compatible to the brick proposed for the front building elevation; and (3) that a detailed landscaped plan shall be submitted for Planning Commission approval within thirty (30) days of this approval; for the following reasons: (1) the proposed use complies with Section 11.03(a) of Zoning Ordinance #543. • (2) The Industrial Development Coordinator recommends approval of the proposed use. 44 (3) The proposed use will not adversely affect the surrounding established uses of the area as based upon evidence gathered by the Industrial Development Coordinator and upon the findings of the Commission. 6385 4 A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, DuBose, Zimmer, Scruggs, Wisler, Andrew NAYS: Scurto, Falk ABSENT: None FURTHER RESOLVED that, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluve , seconded by Mr. Scruggs, and unanimously adopted, it was #5-91-77 RESOLVED that,the City Planning Commission, pursuant to Section 23.01 (b) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that apublic hearing be held to determine whether or not the unimproved portion of Melvin Avenue right-of-way located between Fairfax and Bretton Roads in the Southeast 1/4 of Section 2, should be vacated. FURTHER RESOLVED that, nctice of such hearing be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report I[: and recommendation submitted to the City Council. • Mr. Andrew declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver and seconded by Mr. Scruggs, it was #5-92-77 RESOLVED that, the minutes of the. 333rd Regular Meeting and Public Hearings held by the City Planning Commission on April 5, 1977 be approved. A rollcall vote on the foregoing resolution resulted in the following: . AYES: Andrew, Scruggs, Friedrichs, DuBose, Kluver, Scurto, Wisler, Falk Nays: None ABSENT: None ABSTAIN: Zimmer Mr. Andrew declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver and seconded by Mr.. Scruggs, it was #5-93-77 RESOLVED that, pursuant to a letter dated April 27, 1977 from Kenneth Soble requesting to place a temporary 10" block letter sign on an existing building located within the shopping center at the southwest corner of Farmington and Eight Mile Roads, the City Planning Commission does hereby determine to approve this request for a period of four months, t , at which time an approved illuminated sign will be erected. A roll call vote on the foregoing resolution resulted in the following: • AYES: Kluver, DuBose, Zimmer, Scruggs, Wisler, Andrew NAYS: Friedrichs, Scurto, Falk ABSENT: None Mr. Andrew declared the motion carried and the foregoing re-cul ut i on adopted. 6386 e 4 (00 On a motion duly made, seconded, and unanimously adopted, the 334th Regular Meeting and Public Hearing held by the Livonia City Planning Commission on May 3, 1977 was adjourned at 11:50 p.m. CITY PLANNING COMMISSION (;?Le-elif..4,-470 s er -rie richs, Secretary (// -Gi ATTEST: 1 Daniel R. .ndrew, Chairman