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HomeMy WebLinkAboutPLANNING MINUTES 1977-11-01 6546 • MINUTES OF THE 344th REGULAR MEETING PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIAOn Tuesday, November 1, 1977, the City Planning Commission of the City of LivoniaLAND a held its 344th Regular Meeting and Public Hearings in the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel Andrew, Chairman, called the Regular Meeting and Public Hearings to order at 8:05 p.m. , with approximately 100 interested persons in the audience. Members Present: Daniel Andrew Esther Friedrichs Suzanne Wisler William DuBose Jerome Zimmer Judith Scurto Joseph Falk Herman Kluver Lee Morrow Members Absent: None Messrs. John J. Nagy, City Planning Director; H. G. Shane, Assistant City Planning Director; Ralph H. Bakewell, Planner IV; and Robert M. Feinberg, Assistant City Attorney, were also present. Mr. Andrew then informed the audience that if a petition on tonight's agenda involves a question of rezoning, the Planning Commission makes a recommendation to the City Council, and the City Council then conducts a Public Hearing in order to reach a final decision. If a petition is denied by the Planning Commission, the petitioner then has ten ten days in which to appeal that decision, in the case of a waiver use request or site plan; otherwise the petition is terminated. All petitions for Preliminary Plat approvals are forwarded to the City Council, but the Council does not hold Public Hearings on this type of petition. Mrs. Friedrichs, Secretary announced the first item on the agenda is Petition 77-8-1-26 by Bedford Associates to rezone property located on the east side of Middlebelt Road, north of Plymouth Road in the Southwest 1/4 of Section 25, from M-1 to C-2. Mr. Andrew: Mr. Nagy, is there any correspondence in the file regarding this petition? Mr. Nagy: Yes, we have correspondence from the Industrial Development Department indicating that they feel this is an encroachment into the industrial area . . .etc. , signed D.Gilmartin. Mr. Andrew: What is the size of this parcel? Mr. Nagy: Slightly more than 6 acres. Mr. Andrew: Is the petitioner present? Jim Hiller: Yes, I am representing Bedford Associates. We are talking about Attorney for the property just north of the Grocery Warehouses an other retail Bedford Assoc. stores along Plymouth Road. Mr. Walter Samuels leased all of this property in 1973. It is a long-term lease which expires in 32 years which means it runs until 2009. The mall that was there before was definitely an eyesore, definitely not in harmony with the area. There 4 was an Amy Joy Donut stand, a Shoppers Fair with a huge sign. After A Mr. Samuels became involved, a number of things were done. He refused .41411141110 to renew some of the leases and started to make certain changes. 6547 Decleration lanes were put in along Middlebelt Road in conjunction with the Gorcery Warehouse opening up. We are asking that the balance of this parcel containing 18 acres be rezoned to permit commercial usage in the area. We feel this area is too small for industrial use. Industrial usage would require a large amount of money as well as time to get started and the area is just not big enough to handle it. There is a Miniature Golf Course there now, but the rest of the land is empty. As you know, the Grocery Warehouse was an experiment that caught on right away. This type of volume that they do requires a tremendous amount of truck traffic in and out, and we feel that some commercial development in this area would help screen some of this truck traffic. We could also put in a green belt or some sort of berm to make it look good. We really would like to see this petition tabled to a Study Session where we could discuss some of the questions you might have, and also enable us to work with the Planning Department to reach a favorable solution. Mr. Andrew: Personally, I have no objections to a tabling resolution, but we will continue with the Public Hearing at this time. Does your client have any other petitions pending before this body in relation to this petition? Mr. Hiller: Yes. Mr. Andrew: In 1973, when this lease originated, was Mr. Samuels or Bedford Associates the assignee of the lease? Mr. Hiller: There was a series of assignments. Shoppers Fair had the original lease with someone else. Under the ground lease, I believe there were other sub-leases of the ground lease. Mr. Andrew: The lease that expires in 2009, was that entered into by someone else? Mr. Hiller: We are not signatories to the original lease. Mr. Andrew: Is the existing lessor still alive? Mr. Hiller: Originally, there was a husband and his wife who owned the lease. The husband has just recently died. The widow still has a trust that controls half of the property. Before we can get started, we do need the approval of this widow. Mr. Andrew: Do you feel that she would agree to the rezoning and waiver use request? Mr. Hiller: Yes, we do. Mr. Andrew: I understand that this idea of attempting to develop land like this on a ground lease is a prevalent way of doing business on the West Coast. Since it is a viable method on the west coast, possibly it could be utilized here. Do you have any knowledge regarding this? Mr. Hiller: I do know that ground leases are used in developments of this sort all over, but whether they are more prevalent on the West coast or the East coast, I don't know. Mr. Andrew: Any questions or comments from the Commission? Mrs. Scurto: Are there no options attached to this lease that would make it possible for any industrial usage to take affect in the year. 2009? 6548 Mr. Hiller: No. i Mrs. Friedrichs: Wouldn't it be possible for the lessor to sell this particular parcel off and separate it from this lease? In other words, if our Industrial Development Department wished to have this particular portion developed manufacturing, couldn't that portion be separated from that part of the lease and sold by the owner? Mr. Hiller: Not during this lease. Don't feel that the lease would permit that. Mr. Andrew: Mr. Nagy, there seems to be a large conflict between the acreage figure you gave me and that whichhe gave us. Mr. Nagy: That piece of property which is designated under this rezoning request involves 6 acres, excluding the right of way. The total parcel is 18 acres of which only 6 acres falls within the M-1 manufacturing district. Mr. Andrew: Is there anyone in the audience wishing to speak either for or against this petition? There was no one else present wishing to speak on this subject, Mr. Andrew declared the Public Hearing on Petition 77-8-1-26 closed. On a motion duly made by Mrs. Wisler and seconded by Mrs. Scurto, it was It #11-227-77 RESOLVED that, pursuant to a Public Hearing having been held on November 1, 1977, on Petition 77-8-1-26 by Bedford Associates to rezone property located on the east side of Middlebelt Road, north of Plymouth Road in the Southwest 1/4 of Section 25, from M-1 to C-2, the City Planning Commission does hereby determine to table Petition 77-8-1-26 until the Study Session scheduled to be conducted on November 15, 1977. A roll call vote resulted in the following: AYES: Kluver, Friedrichs, DuBose, Scurto, Falk, Morrow, Wisler, Andrew NAYS: Zimmer Mr. Andrew declared the above motion carried and the foregoing resolution adopted. Mrs. Friedrichs announced the next item on the agenda is Petition 77-9-1-31 by the City Planning Commission pursuant to Council Resolution #803-77 to rezone property located south of Seven Mile Road, west of Merriman Road in the Northeast 1/4 of Section 10, from P.L. to R-4. Mr. Andrew: Mr. Nagy, any correspondence in the file regarding the petition? Mr. Nagy: Yes, the Engineering Department advises that presently there is no sanitary sewer available in the area to handle development of residential property. Also we have a letter dated November 1, 1977 from the Merri- Six Civic Association opposing this petition since the surrounding area is zoned RUF, signed by Stephen Brown, 31500 Vargo. Mr. Andrew: Where is the closest sanitary sewer in this area? 3 Mr. Nagy: East of Merriman Road, but not within the right-of-way. It is located within the Hillbrook subdivision. 6549 te Mr. Andrew: This is a petition by the Planning Commission, pursuant to Council Resolution, upon a request from the School Board to rezone one of four pieces of property within the City which the School Board feels they no longer need due to declining enrollment. They feel they should sell this land to the highest bidder so that the property might be developed. Our recommendation is that the property be rezoned to R-4, which requires lots of minimum size 90' x 130' , which is almost 12,000 square feet, or approximately one-third of an acre in size. Is there anyone in the audience wishing to speak dither for or against this petition? Marcel Hall: We have lived here for 36 years, and the Schools bought this land 31659 7 Mile from us. They told us we' had to sell it or else it would be condemned. They told us they wanted it to build a school. They gave us very little money for it at that time. We feel that we have been flim-f lammed on this because now they want to sell it and will probably make big money on it. We are very much against this. Mr. Andrew: Mrs. Hall, did you own all the property under this petition? Mrs. Hall: We owned two acres. Mr. Andrew: When did you sell the property? Mrs. Hall: I really can't remember exactly, probably about 15 years ago. I have worked on some City committees and really love Livonia, but I don't like what is happening now. te Mr. Andrew: Anyone else in the audience wishing to speak? Harvey Moelke: We are close to this property which is under petition for rezoning. 31740 Curtis In fact, our property lies right here. As some of you may know, the City purchased this land during my term as Mayor, and we did try to purchase additional property but the schools felt they needed this site for a high school even though the Planning Department could not see that this was the case. But, evidently, the schools decided that they knew better than the Planning Commission and the City's Planning Department. I point this out as it turns out that the Planning people did know better, and now the school wishes to sell the property. I feel that this is an unfair situation. If the property is to be disposed of by the school board, then I feel the schools should set a precedent and offer this land back to the City to add to our park sites. I can cite several instances where the schools have property - along Merriman just north of Myrna - for the purpose of not developing the land. Also, north of Seven Mile near the Taft school, there is property that the schools and the City bought together, indicating that they planned to turn it into a park site so that it would not add any burden on the school system. The homes do not pay for the education of the children coming from these homes. I feel it would be a wise choice for the city to consider purchasing this property from the schools and the schools ought to sell to the City at the same price they paid for it. Just about all the surrounding property there is an acre or more. My own property is on 2.8 acres. I think it is wrong for the City to consider changing that area, changing the way the people there have lived for 20 years or more. I know that this would change the life style of the people in this area if the zoning were changed, and I would ask that you give deep consideration to denying this petition. 6550 Mr. Andrew: I wonder whether or not the School Board would be in violation of any statute if it were to sell this property to the City without going out for bids on the real estate market? Would that be a violation of any statutes or laws? Mr. Nagy: I really can't answer that. There have been numerous times when the City and the schools have exchanged property. But I do not know if that could be considered an illegal act. Mr. Andrew: Mr. Feinberg, can you bare any light on this question? Mr. Feinberg: I would assume that there should be competitive bidding, but I am not too familiar with this particular subject to take a definite position. Mr. Andrew: Is there a member of the School Board present? Art Howell, The School Board feels that they do have the right to try and get the Bus. Adm. highest bid on said property. Livonia Public School Mr. Andrew: So what you are saying is that the School Board could dispose of that property to the City if they agreed to your asking price without advertising in the paper? If the property was for sale? 1110 Mr. Howell: We should accept all bids. 1 Mr. Andrew: Mr. Howell, could you perhaps explain to the audience why the School Board feels that this property needs to be disposed of? Mr. Howell: First of all, there has been an extremely high decline in the present enrollment this year, and it is expected to continue over the years. In addition, immediate revenues could be realized if that property were to be put on the tax market. For us to just let it sit and not dispose of it would not make much sense. Mr. Andrew: Thank you. Are there any questions or comments from the Commission? Mr. Zimmer: Mr. Howell, do you have any comment about Mr. Moelke's statement that the City and schools lose money by tax revenues from homeowners because of the cost of educating their children. Are you saying that it cost more to educate these children that what the tax revenue on these homes brings in? Mr. Howell: I would say that is partly true. We have looked at the value of the homes going up in Livonia right now. Extremely expensive. Families buying these homes do not have little kids going to school. There have been approximately 600-700 permits issued in the City this year; don't expect to get many more kids from those families. We could re-open some of the schools if we had to. Mr. Falk: It would appear that the City doesn't have any money to maintain any more park sites. We had a hearing not too long ago about property adjacent to Ford Field, and the Church is going to build a church there. The City claimed they didn't have any money to continue to maintain it. But I don't go along with that. I certainly will not vote on any more building in this area. 6551 Mr. Moelke: There are federal monies available for projects such as this. We t are presently building a new City hall financed entirely with federal funds. The park site next to the subject property was bought with federal funds. There are a number of avenues available. There is probably also money available from the State. What about the value of the present homes in this area if a builder comes in? Perhaps a builder like Jake Menuck would come in and put up homes that have a minimum of half-acre. I suppose that would be alright. You will have to admit that those homes he put in at Hubbard and Six Mile have increased in value more than any other home in the City. I suppose that could be done again if the lots were large. Mr. Falk: What about the other parcels in the City that the school wants to dispose of? Do we encourage bigger lots in this area and just let the other three parcels go? Mr. Moelke: Each parcel should be examined on its own merits. Mr. Falk: Do you really think putting new homes on larger lots would be successful? Mr. Moelke: Absolutely - fastest growing area around here is out toward Brighton and most of those lots run anywhere from 1 1/2 acres on up - 80 150 thousand dollars. Mr. Andrew: Is there anyone in the audience wishing to speak either for or against thi petition? George Burmeister: When we bought this property, we inquired about that land in back 18625 Merriman of the houses and were told that it belonged to the School Board. I feel that if the School Board doesn't want it now, we would like to buy it, at the same price that they paid for it. We don't want any more houses going in there. There are quail and pheasants and all kinds of wild life back there, and we don't want that taken away. Mary Ann Steffes: I am not upon zoning laws or high finances, but I have been in this 31625 Seven Mile house for eleven years and up until this time have has a marvelous life there. The wildlife is beautiful, but I do have a few questions. As you might know we had a septic tank for many yecro, but when they decided to have us tap into the sewer, who paid for this? ME. Sidewalks - they are taking away country setting, putting in sidewalks, who pays for this? ME. Lighting - who pays for the lighting? ME. Where does this leave people like me on a fixed income? Don't want big expensive homes behind us. Resident: Moved to a house in this square mile around 1964, although this particular 18892 May- property isn't real near me. But I do associate with it and with these field people. In looking at the map of Livonia, since 1964 there are all houses, all streets, all everything. I think the City should open up this virgin land so all the residents can enjoy it. There was a reference to main- 10 tainance costs. What's there to maintain? It's all woods, completely wild. Maintenance should be no big problem. If the City is not careful, Livonia will become just like the City east of us. Full of houses and congested. There is very little virgin land left in Livonia. We should try and save it. I appreciate the School Board's position. They have a valuable asset, and should dispose of it. But I also feel they should sell it to the City for all the residents to enjoy. What would it be like if you had sent notices to all the residents in the City? Nobody could have gotten in here tonite. 6552 Mr. Andrew: Mr. Nagy, do you have any report from the Parks and Recreation Commission on this? Mr. Nagy: No, we do not. Judy Schneider: Has there been any study done concerning changing this to R-4 and the 31650 Curtis increase in traffic that might develop? Seven Mile Road is already congested, and are they planning on widening Merriman? Mr. Andrew: We have no information from either our Traffic Division or the Police Department on that. Mrs. Schneider: Why can't they just leave the woos there? There is a flood plain along Curtis between Six and Seven/Roads, and there is considerable flooding in some of the yards now. Would this be suitable for any kind of residential development? Mr. Andrew: Mr. Nagy, can you answer these questions? Mr. Nagy: The flood plain in this area does encroach beyond this property. The southwest corner does lie within the flood plain area. But the developer would have to construct proper utilities to handle all drainage problems and avoid building within the established flood plain. Mrs. Schneider: But any R-4 development would certainly increase the run-off into the creek. I know we have not had much rain the last three weeks, but I don't think this creek can handle too much drainage. If there are more roads, more sidewalks, eventually what would happen? Mr. Andrew: That is strictly an engineering problem at this time. We cannot answer any of these questions specifically right now. Mrs. Schneider: How exactly is the park zoned now? Mr. Andrew: The land is zoned PL - Public Land - which is to reflect public ownership. Mike Fandrei: I would like to ask the School Board if they are going to sell off 19578 Fitzgerald all the property they have? What are their future plans as far as their school property is concerned? Art Howell: At this time, there are approximately seven vacant parcels coming before the Commission. With the obvious decline in enrollment, we feel we must look at all properties concerned. There is some in Livonia, as well as some in Westland. Mr. Zimmer: Was it the direction of the School Board that you try and dispose of these specific four on tonight's agenda at the best market value? Mr. Howell: It is not the direction of the School Board to specifically dispose of the land. Tonight we are merely requesting rezoning, and then we will go through the process of appraisal and make a final decision as to 1110 whether or not we can dispose of it. 3 6553 Mr. Fandrei: If you will remember about six years ago, the School Board was screaming - we need more teachers, we need more schools, or else our Country will go bad. Well, what happened? Qualified teachers can't find jobs and the schools are trying to sell their properties. It seems soembody isn't doing a good job, figuring out what will happen in the future. Maybe they are wrong again. Maybe they should hang on to this property. Maybe the enrollment will increase in time. Rick Shelby: I have lived in Livonia for 30 years. First lived near Farmington 31412 Road and Curtis, and all this land was farms. I was really surprised when I got this notice in the mail. I just can't believe this is happening. It's not a good idea to take property away from people saying it is condemned, and then turn around and sell it. The City of Livonia is just not like that. Terry Schneider: You say the School Board is considering selling this property to a 31650 Curtis developer? Who decided on the R-4 zoning? Mr. Andrew: Our Planning Department, which consists of possibly ten professional persons, highly qualified in the field of planning. They received a copy of City Council's Resolution which suggested that this land be rezoned residential. They felt that an R-4 zoning would be compatible with this area, referred their recommendation to this Commission, which felt that this recommendation was most valid. We then advertised this petition for a Public Hearing in order to obtain the input of the surrounding area. That is why we are here tonight. Mr. Schneider: The R-4 may have been a good decision, but since the surrounding area is RUF maybe that decision should be re-evaluated. Maybe the zoning should require a minimum of one-acre lot sizes. Mr. Andrew: Could you support an RUF zoning with half-acre lots? Mr. Schneider: I have two acres myself, and our property backs up all the way to the creek. I suppose larger type lot would require larger type homes. I feel zoning should be compatible with surrounding area. Ron Ketchings: We have lived here since 1973. And before we bought this home we 18040 Fairfield looked at many other homes in the area. My wife is from Grosse Pointe, and I am from the Royel Oak area. We moved out of a subdivision, and decided that we did not want another "subdivision" type home. We bought where we did because of the rural type setting. But it seems that the City just continues to increase their services on us, which of course means more taxes. Our lot presently is 100' x 300' , and we fought to keep the street from being paved, and we were successful. The people on Mayfield didn't want their street that way, although they said they still wanted a rural type setting. And isn't some of this land we are talking about, doesn't come under some kind of government control? Mr. Bakewell: That property he is referring to is just east of Fairfield, running from Six Mile to Seven Mile Roads, and is not the property under petition tonight. 6554 Charles Hall: It seems to me that this is sort of a moral thing here. The school 4 31659 7 Mile came along and said that they needed this property, wanted to build a school, but certainly didn't have much money. Offered us a reasonable price. So we went along with this. Now, they say there won't be a school because of fewer kids. Why don't they just sell the property back to the people? Or else make it all into a park so everyone can enjoy it? There was no one else wishing to speak on this matter, Mr. Andrew declared the Public Hearing on Petition 77-9-1-31 closed. On a motion duly made by Mrs. Scurto and seconded by Mr. Morrow, it was RESOLVED that, pursuant to a public hearing having been held on November 1, 1977 on Petition 77-9-1-31 by the City Planning Commission pursuant to Council Resolution #803-77 to rezone property located south of Seven Mile Road, west of Merriman Road in the Northeast 1/4 of Section 10, from P1 to R-4, the City Planning Commission does hereby recommend to the City Council that Petition 77-9-1-31 be approved for the following reasons: (1) The Livonia Board of Education has determined that subject property is no longer needed for school purposes. (2) The R-4 classification would provide for residential development with lot sizes consistent with developments already established in adjoining areas. (3) Abundant City-owned park lands are available in the area which provides for recreational and open space needs of the entire area. FURTHER RESOLVED that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of 10/13/77, that notice of said 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. Mrs. Friedrichs: I would like to suggest that this item be tabled pending receipt of a report from the Parks & Recreation Commission as to whether or not the land could be considered for park purposes and also to consider the possible changing of the zoning to the RUF classification or offering the property back to the original owners for purchase. On a motion duly made by Mrs. Friedrichs and seconded by Mr. Zimmer, adopted it was RESOLVED that, pursuant to a public hearing having been held on November 1, 1977 on Petition 77-9-1-31 by the City Planning Commission pursuant to Council Resolution #803-77 to rezone property located south of Seven Mile Road, west of Merriman Road in the Northeast 1/4 of Section 10, from P.L. to R-4, the City Planning Commission does hereby determine to table this petition until the Planning Commission Study Meeting of November 15, 1977. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Zimmer, Andrew NAYS: DuBose, Scurto, Falk, Morrow ABSTAIN: Wisler 6555 Mr. Andrew, Chairman, declared the resolution fails for lack of support. Mr. Andrew: It would appear that since this Commission has failed to substantiate 4 an approving resolution, has failed to support a tabling resolution, we would now ask direction from the Legal staff as to what direction we now take? Mr. Feinberg: Reconsider tabling resolution. Mr. Andrew: Chair will recommend a motion be made to refer matter to a future Study Session. On a motion duly made by Mr. Zimmer, seconded by Mrs. Friedrichs, and unanimously adopted, it was #11-228-77 RESOLVED that, pursuant to a public hearing having been held on November 1, 1977 on Petition 77-9-1-31 by the City Planning Commission pursuant to Council Resolution #803-77 to rezone property located south of Seven Mile Road, west of Merriman Road in the Northeast 1/4 of Section 10, from P.L. to R-4, the City Planning Commission does hereby determine to refer Petition 77-9-1-31 to the Study Meeting of November 29, 1977. Mr. Andrew declared the motion is carried and the foregoing resolution adopted. Mr. Andrew then directed the Planning Department to notify the President and Secretary of Merri-Six Civic Association, as well as few residents who spoke at tonight's meeting , the time and place of the November 29, 1977 Regular Meeting. Mrs. Freidrichs announced the next item on the agenda is Petition 77-9-1-32 to rezone property located south of Seven Mile Road between Newburgh Road and the I-96-275 Freeway in the Northeast 1/4 of Section 7, from R-5 to R-4. Mr. Andrew: John, any correspondence in the file regarding the petition? Mr. Nagy: No correspondence. Mr. Andrew: This is a petition initiated by the City Planning Commission, pursuant to a Council Resolution, to rezone land from an R-5 zoning classification to an R-4. Is there anyone in the audience wishing to speak either for or against this petition? Bob Wilhelmsen: I am President of the Civic Association in the Woods Condomiums, and 18390 University first of all, I would like to point out that there is a strip of woods Park Drive approximately 100' wide that runs probably 1000' all along the southern half of this land under petition. Does anyone on the Planning Commission know if this strip is dedicated to any particular organization or to any specific governmental agency? Mr. Andrew: Yes, that property as outline in green on the map, to the best of my knowledge, it is indciated on the Master School and Park Plan as belonging in fee title to the School Board. But it is presently zoned R-5. Mr. Wilhelmsen: Can you give me any figures as to how many homes could be built in an R-5 district as compared to the number in an R-5? Mr. Nagy: Forty-three (43) lots could be developed in an R-4, assuming that the developer agreed with our plan. Mr. Wilhelmsen: What about R-5? 6556 ILMr. Nagy: Approximately 30 to 35. Mr. Wilhelmsen: So you are saying it would make very little difference. i i Mr. Andrew: Around nine lots. 4 Mr. Wilhelmsen: So it would be more economical with more units. Mr. Andrew: Depends upon improvement costs. Mr. Wolhelmsen: I wonder if your Commission members are aware that there are some trees here in this vicinity like-no others' in' the whole state? Mr. Nagy: Yes, there are some specific trees which are unique in this area. But by virtue of some of the man-made construction in the area, such as the condomiums, installation of utilities, as well as the freeway has had a devastating effect on the whole ecology of the land. The water table has been lowered, and many trees are in jeopardy, similar to thosethat abut the Whispering Willows Golf Course to the north. Every effort is being made to preserve the foliage. We know that out- standing examples of beech and maple, such as these, cannot be reproduced the environment has changed so that their survival is affected. We feel that those wood's long term stability is in serious jepoardy. Mr. Wilhelmsen: When you say long time, you mean 20-25 years. ti Mr. Nagy: I cannot say for sure, but some will certainly not survive unless some of the other smaller trees might. Mr.Wilhelmsen: Are you people aware of the fact that the reason this complex was named "The Woods" was because of all the trees in the area? In fact, the Livonia Ecology Commission even nominated our complex for an award because of the beautification that the people have taken on themselves. We didn't win this year, but we will keep on trying. Henry Lemieux: I am opposed to the proposal. According to the Master Park Plan, 18839 Blue this is the only parcel available for park area in Section 7. The Skies rest of the section includes Schoolcraft College, Laurel Park, North- ville Golf Course, and our subdivision. And it seems to me there was an agreement made in 1968 by the City of Livonia to keep this land as a park. In fact, Council Resolution #544-68 indicates that north half of property will be retained by the City as a park site. If I remember right, the schools asked the City to purchase half of this land, so that 10 acres could be used as a park site and ten for a school site. But the City did not purchase half of the parcel. According to a Mr. Cecil Alford, the City did not want this land, and asked schools to pick up entire parcel. Mr. Andrew: Appreciate your comments. Neil Sutton: My first reaction upon receiving notice of this petition was surprise. 37821 Margareta I was made aware of the aforementioned agreement when I bought in there about seven years ago. I thought it was zoned Public Land and had nothi. to worry about. Master Park Site. In fact that was my main reason for moving there. Going back to the comments about Livonia and open spaces. A lot of the people here bought because of the open spaces, and the kids enjoying playing ball in this open space. They certainly won't i be able to play in Laurel Park. I don't see why we can't continue to use this land as a park site. 6557 100 Mr. Andrew: This petition is different from the previous petition as this land is presently zoned R-5. The School Board could put this on the market right now, and a developer could go ahead and develop the property if he so desired. I certainly appreciate Henry's comments about that '68 ' Bond proposal which passed. Dewat Chaudhry: The field down there is really the only place for the kids around here 18779 Susanna to play. And as far as an R-4 zoning, that would mean smaller homes, more people, right? How are all those people going to get out in the morning? 90 more cars going in and out. There is no way those roads can handle that much more traffic. The asphalt roads will not hold up. I think the whole thing is stupid. Mr. Andrew: The School Board could sell as R-5. Mr. Chaudhry: What recourse do we have? Mr. Andrew: Check with the Parks & Recreation Departmenr. Dorothy White: You say some of the woods are coming down. Well some of the trees 18465 University have already been re-seeded, and with Laurel Park and that whole complex Park Drive going in there, would like to see the greenbelt saved. There was no one else wishing to speak on this matter and Mr. Andrew declared the Public Hearing on Petition 77-9-1-32 closed. On a motion duly made by Mr. DuBose, seconded by Mr. Morrow, it was #11-229-77 RESOLVED that, pursuant to a Public Hearing having been held on November 1, 1977 on Petition 77-9-1-32 by the City Planning Commission pursuant to Council Resolution #803-77 to rezone property located south of Seven Mile Road between Newburgh Road and the 1-96/275 Freeway in the Northeast 1/4 of Section 7, from R-5 to R-4, the City Planning Commission does hereby determine to table Petition 77-9-1-32 until the Study Meeting to be held on November 29, 1977. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, DuBose, Morrow, Andrew NAYS: Zimmer, Scurto, Falk ABSTAIN: Wisler Mr. Andrew declared the above motion carried and the foregoing resolution adopted. Mrs. Friedrichs announced the next item on the agenda is Petition 77-9-1-33 by the City Planning Commission pursuant to Council Resolution #803-77 to rezone property located north of Seven Mile Road between Newburgh Road and Fitzgerald in the Southwest 1/4 of Section 5, from P.L. to RUFC. Mr. Andrew: John, any correspondence in the file regarding this petition? 4 Mr. Nagy: Engineering advises that there are no sanitary sewers to service this area. Mr. Andrew: Is there anyone in the audience wishing to speak either for or against this petition? Mike Fandrei: I really don't care much whether or not the school sells this property 19578 Fitz- gerald 6558 and I am not worried about the pheasants, rabbits and quail and all that, but I would like to know how anybody who buys a house in this area will be able to get in and out of their property? There are, only two ways down Fitzgerald, north and south, and it is a gravel road. t Mr. Andrew: Mr. Nagy, can you answer this question? Mr. Nagy: Pembroke and Haldane are dedicated right-of-ways, and could be extended into the subdivision. Mr. Fandrei: You are talking about half-acre or more lots. With the additional traffic, would that mean that Fitzgerald would have to be paved? I have 140' in front of my house, and no way could I afford that much paving. We like the gravel road. Mr. Andrew: Your question about access is an interesting one. I see the acreage adjoining this abuts Newburgh Road, and I know that there is no way any piece of property can be entirely land-locked by reason of the law. Mr. Nagy: I really have no particular knowledge concerning that, but I feel there could be access off of Pembroke and/or Haldane. Pembroke is 43' wide, and Haldane is 30' . There was no one else wishing to speak on this matter, Mr. Andrew declared the Public Hearing on Petition 77-9-1-33 closed. On a motion duly made by Mr. Zimmer and seconded by Mrs. Scurto, it was #11-230-77 RESOLVED that, pursuant to a Public Hearing having been held on November 110 1, 1977 on Petition 77-9-1-33 by the City Planning Commission pursuant to Council Resolution #803-77 to rezone property located north of Seven Mile Road between Newburgh Road and Fitzgerald in the Southwest 1/4 of Section 5, from P.L. to RUFC, the City Planning Commission does hereby recommend to the City Council that Petition 77-9-1-33 be approved for the following reasons: (1) The Livonia Board of Education has determined that subject land is no longer needed for school purposes. (2) The RUF classification is consistent with the zoning and prevailing lot sizes in the surrounding area including the bordering subdivision (Fitzgerald Gardens Subdivision) . FURTHER RESOLVED that notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/13/77, and that notice of said hearing was sent to the Detroit Edison Company, Consumers Power Company, Michigan Bell Telephione Company, and City Departments as listed in the P -oof of Service. : A roll call vote resulted in the following: ; tAYES: Friedrichs, DuBose, Zimmer, Scurto, Morrow NAYS: Kluver, Falk, Andrew ABSTAIN: Wisler ABSENT: None Mr. Andrew declared the above Notion carried and the foregoing resolution adopted. 6559 Mrs. Friedrichs announced the next item on the agenda is Petition 77-9-1-34 by the City Planning Commission pursuant to Council Resolution #803-77 to rezone property located south of Six Mile Road, west of Newburgh Road 4 in the East 1/2 of Section 18, from P.L. to R-3-B. Mr. Andrew: Mr. Nagy, any correspondence in the file regarding the petition? Mr. Nagy: No correspondence. Mr. Andrew: Is there anyone wishing to speak either for or against this petition? Mrs. Scurto: I am wondering about the southeast corner of that parcel on that map. Why was that not included? in Mr. Andrew: That is an R-3 district abutting similar zoning/the area. Is there anyone else wishing to be heard? There was no one present wishing to speak on this matter and Mr. Andrew declared the Public Hearing on Petition 77-9-1-34 closed. On a motion duly made by Mrs. Scurto, seconded by Mr. DuBose and adopted, it was #11-231-77 RESOLVED that, pursuant to a Public Hearing having been held on November 1, 7.977 on Petition 77-9-1-34 by the City Planning Commission pursuant to Council Resolution #803-77 to rezone property located south of Six Mile Road, west of Newburgh Road in the East 1/2 of Section 18, from P.L. to 4 R-3-B, the City Planning Commission does hereby recommend to the City Council that Petition 77-9-1-34 be approved for the following reasons: (I) The Livonia Board of Education has determined that subject property is no longer needed for school purposes. (2) The R-3 classification is completely consistent with the zoning of the surrounding area as well as the existing and developing sub- divisions of the surrounding area. (3) There is an abundance of City-owned park land to serve the subject area. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/13/77, and that notice of said hearing was sent to the Detroit Edison 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, DuBose, Zimmer, Scurto, Morrow, Kluver, Falk, Andrew NAYS: None ABSTAIN: Wisler Mr. Andrew declared the above motion carried and the foregoing resolution adopted. Mrs. Friedrichs announced the next item on the agenda is petition 77-10-1-35 by Arthur i O. and Joyce C. Carmichael to rezone property located on the east side of Haggerty Road, north of Seven Mile Road in the Southwest 1/4 of Section 6, from M-1 to P.S. 6560 Mr. Andrew: Any correspondence? 4t, Mr. Nagy: Engineering advises on October 6, 1977 that they see no engineering problems connected with proposal. Industrial Coordinator advises in letter dated October 25, 1977 that they oppose petition . . .etc. Mr. Andrew: Is the petitioner present? Would you please give your reasons for this request? Arther Carmichael: As you know, the Future Land Use plan for this area indicates 286 Sherrie Lane a proposed blend of office usage as well as medium density housing. Northville We are trying to stay consistent with that plan. We feel that our function as a professional consulting engineering firm will be consistent with those plans. Across Haggerty Road in the City of Northville, that land is already zoned for offices. Mr. Andrew: What type of Engineering are you involved in? Mr. Carmichael: Civil Engineering. Mr. Andrew: Do you intend to construct a building on the site? Mr. Carmichael: Yes, we do. Mr. Andrew: Any questions or comments from the Commission? i Mrs. Scurto:10 Mr.Carmichsel, I assume the sanitary situation on this land will be taken care of by aa septic tank? Mr. Carmichael: Yes, that is right. 4 There was no one else wishing to speak on the subject and Mr. Andrew declared the Public Hearing on Petition 77-10-1-35 closed. On a motion duly made by Mrs. Friedrichs and seconded by Mrs. Wisler, it was #11-232-77 RESOLVED that, pursuant to a Public Hearing having been held on November 1, 1977 on Petition 77-10-1-35 by Arthur O. and Joyce C. Carmichael to rezone property located on the east side of Haggerty Road, north of Seven Mile Road in the Southwest 1/4 of Section 6, from M-1 to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 77-10-1-35 be approved for the following reasons: (1) The proposed zoning change will provide for uses consistent with the Future Land Use Plan recommendations both for Livonia and those of Northville Township properties occurring on the west side of Haggerty Road. (2) The change in zoning will provide the Planning Commissionuith site plan approval for the proposed office use which is also permitted in t4 the existing M-1 District, but without the site plan approval requiremen FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/13/77, f. and that notice of said hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, 4 Consumers Power Company and City Departments as listed in the Proof of Service. 6561 A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, DuBose, Zimmer, Morrow, Kluver, Falk, Andrew, Wisler NAYS: Scurto Mr. Andrew declared the above motion carried and the foregoing resolution adopted. 140 Mrs. Friedrichs announced the next item on the agenda is Petition 77-9-2-21 by Ministrelli Construction Company, Inc. , requesting waiver use approval to excavate a portion of the flood plain area located north of Six Mile Road, east of Middlebelt Road in the Southwest 1/4 of Section 12. Mr. Andrew: John, any correspondence in the file regarding the petition? Mr. Nagy: Engineering advises legal description meets with approval. . .etc. Mr. Andrew: Is the petitioner present? Ray Wile: Yes, I shall try to answer any questions. Engineer for Ministrelli Const. Mr. Andrew: How soon do you expect to complete this project? Mr. Wile: Pending action of the City Council, probably next spring. Mr. Andrew: There is a note on the plan which says that all excavated materials will be disposed of on the cemetery property. Gary Clark: I haven't seen the current plan. This should have been designated on the original plan. Mr. Andrew: Is this a revised plan attached to the petition? Mr. Nagy: Yes, we advised them that a revised plan was to be submitted to our office. Mrs. Scurto: Were those people that were here before that live on Savoie, were they notified of this petition tonight? Mr. Nagy: All residents within 500' of subject property were notified. Mrs. Scurto: Will this excavation alleviate the problems they mentioned? Mr. Nagy: This particular petition only deals with the excavation of the flood plain itself. Mrs. Scurto: What about the problem they were having at the southeast corner of Savoi( and Six Mile? Mr. Andrew: That is the next petition. This petition regards only that portion north of Six Mile Road. Mr. Falk: I feel that we should do away with that 500' restriction as far as notifying the people goes. This flood plain area involves a lot of people. I am sure there are other people in this area who are intereste( in what we are doing here. 6562 Mr. Andrew: I think it would be extremely difficult to notify all residents in this area. Zoning Ordinance requires that we notify only those residing within 500 feet. Mr. Falk: Have they checked this with the Corps of Engineers? Mr. Nagy: All necessary permits will have to be obtained. There was no one else wishing to speak on this subject, Mr. Andrew declared the Public Hearing on Petition 77-9-2-21 closed. On a motion duly made by Mr. DuBose, seconded by Mrs. Wisler, and unanimously adopted, it was #11-233-77 RESOLVED that, pursaunt to a Public Hearing having been held on November 1, 1977 on Petition 77-9-2-21 by Ministrelli Construction Company, Inc. , requesting waiver use approval to excavate a portion of the flood plain area located north of Six Mile Road, east of Middlebelt Road in the Southwest 1/4 of Section 12, the City Planning Commission does hereby recommend to the City Council that Petition 77-9-2-21 be approved for the following reasons: (1) The proposed use complies with Section 28.04, Flood Plain District Regulations, of Zoning Ordinance #543. (2) The Engineering Division, in its report dated 9/30/77, has recom- mended approval of the petition. FURTHER RESOLVED that, notice of the Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/17/77, 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 77-9-2-22 by Ministrelli Construction Company, Inc. , requesting waiver use approval to fill a portion of the flood plain area located on the southeast corner of Six Mile Road and Savoi in the Northwest 1/4 of Section 13. Mr. Andrew: Report of the Engineering Division was read aloud at the previous petition. Mr. Nagy, have you seen the amended plan? Mr. Nagy: We have a layout of the proposed topo. Gary Clark: We feel that with the changes being made as shown on the amended plan, the DNR people will accept the proposal. Mr. Andrew: Mr. Wile, I presume that this will be a spring project also, probably do both jobs simultaneously? 1040 Mr. Wile: Yes, that is right. Mr. Andrew: Do the DNR people inspect the job when it is finished? 6563 Mr. Clark: Our engineering people will oversee the operation, and then the 4 DNR people from Lansing will inspect the finished job. t There was no one wishing to speak any further on this subject, Mr. Andrew declared the public hearing on Petition 77-9-2-22 closed. 1[40 On a motion duly made by Mrs. Wisler, seconded by Mr. Zimmer, and unanimously adopted, it was #11-234-77 RESOLVED that, pursuant to a Public Hearing having been held on November 1, 1977 on Petition 77-9-2-22 by the Ministrelli Construction Company, Inc. requesting waiver use approval to fill a portion of flood plain area located on the southeast corner of Six Mile Road and Savoi in the Northwest 1/4 of Section 13, the City Planning Commission does hereby recommend to the City Council that Petition 77-9-2-22 be approved for the following reasons: (1) The proposed use complies with Section 28.04, Flood Plain District Regulations, of Zoning Ordinance #543. (2) The Engineering Divison, in its report dated 9/30/77, has recommended approval of the petition. (3) The proposed alteration of the flood plain will not adversely affect the neighboring area in general for the reason that compensating excavation will be provided for in the upstream area pursuant to waiver use Petition 77-9-2-21. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/17/77, 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 Rehearing of Petition 76-8-6-7, as amended, pursuant to Council Resolution #177-77 by the City Planning Commission to amend Section 10.02 (b) , Permitted Uses, and Section 10.03, Waiver Uses, of Ordinance #543, the Zoning Ordinance to provide standards for determining use of bakeries, ice-cream stores, etc. , as permitted uses or waiver uses in C-1 Zoning Districts. Mr. Andrew: Is there anyone in the audience wishing to speak either for or against this petition? There was no one present wishing to be heard on this subject, Mr. Andrew declared the public hearing on Rehearing of Petition 76-8-6-7 closed. On a motion duly made by Mrs. Wisler, seconded by Mr. Falk, and unanimously adopted, it was 4 r YJ r � s 1 r ro ~ k ww rt cb t S h- :�a1'b. ,•t✓ d^" . . , i. .�' ;"%.... ^;ri` �,p?� _ fi:.:�.} n �?yv, ". �.� �'w':• ...:t~-Y'.�?� .Fro a r ,�-+r•r,,. :'r'✓'��..... . a` 6564 #11-235-77 RESOLVED that, pursuant to a Public Hearing having been held on November 1, 1440 1977 on Petition 76-8-6-7 as submitted by the City Planning Commission, pursuant to Council Resolution #177-77, to amend Section 10.02(b) , Permitted Uses, and Section 10.03, Waiver Uses, of Ordinance #543, the Zoning Ordinance, to provide standards for determining use of bakeries, ice-cream stores, etc. , as permitted uses or waiver uses in C-1 Zoning Districts, the City Planning Commission does hereby recommend to the City Council that Petition 76-8-6-7 be approved for the following reason: (1) This amendment will provide the City with additional control in the location and operation of particular commercial uses with special characteristics. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 10/13/77, and that notice of such hearing was sent to the Detroit Edison 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 Revised Preliminary Plat for Laurel Park South Subdivision proposed to be located on the south side of Six Mile Road, west of Newburgh Road in the Northeast 1/4 of Section 18. Mr. Andrew: Any correspondence in file regarding the petition? Mr. Nagy: Bureau of Inspection advises no problem with reference to R-3-B zoning. Engineering advises existing ditch encroaches on lots 37 thru 39. . .etc. There was no one wishing to speak further on the subject, Mr. Andrew declared the Public Hearing on Preliminary Plat for Laurel Park South closed. On a motion duly made by Mr. Falk, seconded by Mr. Zimmer, and unanimously adopted, it was #11-236-77 RESOLVED that, pursuant to a Public Hearing having been held on November 1, 1977 on a Revised Preliminary Plat for Laurel Park South Subdivision proposed to be located on the south side of Six Mile Road, west of Newburgh Road in the Northeast 1/4 of Section 18, the City Planning Commission does hereby recommend to the City Council that Revised Preliminary Plat for Laurel Park South Subdivision be approved, subject to submittal of a detailed landscape plan for the greenbelt easement areas and a plan for the sub- division entrance marker, for the following reasons: (1) The Revised Preliminary Plat complies with the R-3 Zoning District regulations of the Zoning Ordinance. (2) The Preliminary Plat complies with the Subdivision Rules & Regulations the open space requirements having been waived by the City Planning Commission by Resolution #8-132-76, adopted on August 19, 1976. (3) All responding City departments have indicated approval of the sub- division. 6565 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 Department, Police Department, and Parks and Recreation Department. 4 Mr. Andrew declared the above motion carried and the foregoing resolution adopted. ******************************************** On a motion duly made by Mr. Falk and seconded by Mr. Kluver, it was #11-237-77 RESOLVED that, pursuant to a Public Hearing having been held on October 4, 1977 on Petition 77-8-1-28 as submitted by the First Church of the Nazarene to rezone property located north of Seven Mile Road between the I-96/275 Freeway and Haggerty Road in the Southwest 1/4 of Section 6, from M-1 to RUF and R-9, the City Planning Commission does hereby recommend to the City Council that Petition 77-8-1-28 be denied for the following reasons: (1) The proposed zoning changes would not maximize on the development potential of the subject properties given the unique locational characteristics of the property adjacent to the I-275 Freeway and its interchange with Seven Mile Road. (2) The proposed changes of zoning are inconsistent with the Future Land Use Plan as adopted by the City Planning Commission with respect to the areas under petition. (3) The proposed changes of zoning for housing for the elderly and 9 Church services are not properly supported by community services as there are no conveniently located commercial, social, recreational or transportation services immediately available to serve the future residents of the senior citizens housing and the Church use. (4) The proposed changes of zoning would allow for land uses of an intensity that would be beyond the capacity of available City- maintained sanitary sewers serving the site. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 9/19/77, and notice of such hearing was sent to the Detroit Edison Company, Chesa- peake & Ohio Railway 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, Scurto, Falk, Wisler, Andrew NAYS: Friedrichs, DuBose, Zimmer, Morrow ABSTAIN: None ABSENT: None Mr. Andrew declared the above motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Falk, seconded by Mrs. Wisler, it was 6566 #11-240-77 RESOLVED that, pursuant to a Public Hearing having been held on August 16, 1977 on Petition 77-7-2-13 as submitted by Ben J. Kronk requesting waiver use approval to store contractor's trailers and equipment on property located on the south side of Eight Mile Road, east of Osmus in the Northeast 1/4 of Section 3, the City Planning Commission does hereby determine to table Petition 77-7-2-13 until the Study Session scheduled to be conducted on December 20, 1977. 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. A roll call vote on the foregoing resolution resulted in the following: AYES: DuBose, Scurto, Falk, Morrow, Wisler, Andrew NAYS: Kluver, Friedrichs, Zimmer Mr. Andrew declared the above motion carried and the foregoing resolution adopted. On a motion duly made by Mr. DuBose, seconded by Mr. Morrow, and unanimously adopted, it was #11-241-77 RESOLVED that, the City Planning Commission does hereby approve the Final Plat for Ron-Mar Estates Subdivision• (formerly known as 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, for the following reasons: (1) The Final Plat conforms to the previously approved preliminary plat. (2) The Engineering Division of the City of Livonia recommends approval of the Final Plat. (3) All of the financial obligations imposed upon the proprietor by the City have been complied with. Mr. Andrew declared the above motion carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto, seconded by Mr. DuBose, and unanimously adopted, it was #11-242-77 RESOLVED that, the minutes of the 342nd Regular Meeting and Public Hearings held by the City Planning Commission on October 4, 1977 approved. Mr. Andrew declared the above motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Falk, seconded by Mr. Zimmer, it was #11-243-77 RESOLVED that, the Minutes of the 343rd Regular Meeting held by the City Planning Commission on October 18, 1977 be approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Zimmer, Falk, Kluver, Friedrichs, DuBose, Scurto, Morrow, Andrew NAYS: None ABSTAIN: Wisler Mr. Andrew declared the above motion carried and the foregoing resolution adopted. 6567 On a motion duly made by Mrs. Wisler, and seconded by Mrs. Friedrichs, it was #11-244-77 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, the City (40 Planning Commission does hereby approve Petition 77-10-8-24P by Action Oldsmobile, Inc. , requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to construct a canopy addition to the existing building located on the north side of Plymouth Road between Farmington and Stark Roads in Section 28, subject to the following conditions: (1) that Site Plan #77-22, dated 10/6/77, prepared by Kamp-DiComo, Architects, which is hereby approved, shall be adhered to; (2) that Canopy Elevation as shown on Plan No. 77-33850, prepared by Metal Awning Components, Inc. , which are hereby approved, shall be adhered to with the additional condition that the support columns and beams which do not come pre-finished shall be painted a color matching or compatible with the existing building; and (3) that all landscaping as shown on the approved Site Plan shall be installed on the site by June 1, 1978 and thereafter permanently maintained in a healthy condition. A roll call vote resulted in the following: AYES: Kluver, Friedrichs, DuBose, Zimmer, Morrow, Wisler, Andrew NAYS: Scurto, Falk i Mr. Andrew declared the above motion carried and the foregoing resolution adopted. 4 On a motion duly made by Mr. DuBose and seconded by Mrs. Friedrichs, it was #11-245-77 RESOLVED that, the City Planning Commission does hereby approve the Sign Plan submitted in connection with 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 Road in the Northeast 1/4 of Section 35, subject to the following conditions: (1) that the sign plan submitted by the Spagehetti Company, showing a 4' x 30' shadow resistent, plastic-interior-illuminated sign mounted on the east elevation mansard roof, which is herey approved, shall be adhered to; and (2) that no portion of the sign shall extend beyond the roof line of the mansard of the building. A roll call vote resulted in the following: AYES: Kluver, Friedrichs, DuBose, Scurto, Morrow, Wisler, Andrew NAYS: Zimmer, Falk 1EMr. Andrew declared the above motion carried and the foregoing resolution adopted. 6568 * li''1: On a motion duly made by Mr. DuBose, seconded by Mrs. Friedrichs, and unanimously ILadopted, it was #11-246-77 RESOLVED that, having reviewed the Revised Building Elevation Plan submitted in connection with Petition 77-5-8-1OP by Jack M. Richards requesting approval of all plans required by Section 18.58 of Ordinance #543, the Zoning Ordinance, as amended by Ordinance #988, in connection with a proposal to construct a storage addition and remodel the exterior of an existing restaurant located on the north side of Plymouth Road, west of Farmington Road in Section 28; and having determined that the modifications will have little impact on the previously approved site and building plans and that the previously approved site development plans are adhered to, the City Planning Commission does hereby grant approval to the revised Building Elevation Plan, subject to adherence to all the other conditions imposed by the City Planning Commission in resolution #5-117-77, adopted on May 17, 1977. Mr. Andrew declared the above motion carried the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mrs. Wisler, and unanimously adopted, it was #11-247-77 RESOLVED THAT, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, the City Planning Commission does hereby approve Petition 77-10-8-26P by N. Karoub requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to construct an addition to an IL existing commercial building located on the west side of Middlebelt between Norfolk and Morlock in Section 2 , subject to the following conditions: (1) that Site Plan, revised date 10/19/77, prepared by D. Sielaff, which is hereby approved, shall be adhered to; (2) that all landscape materials as shown on the approved site plan shall be installed on the site prior to issuance of a Certificate of Occupancy, and thereafter permanently maintained in a healthy condition; (3) that Building Elevations as shown on Sheet 2, dated 10/19/77, which are hereby approved, shall be adhered to; and 1 (4) that the existing pole sign located on the site shall be repainted. Mr. Andrew declared the above motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mrs. Friedrichs, and unanimously adopted, it was #11-248-77 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, the City Planning Commission hereby approves Petition 77-19-8-28P by TLP Design/ Builders, Inc. , requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to construct a one-story addition to an existing medical clinic located on the east side of Middlebelt Road between West Chicago and Hathaway in Section 36, subject to the following conditions: (1) that Site Plan, Sheet A-1 dated 10/25/77, prepared by Design7Builders Inc. , which is hereby approved, shall be adhered to; mmonmmilimmow 6569 • • (2) that all landscape materials as shown on the approved Site Plan IL shall be installed on the site prior to the issuance of a Certificate of occupany, and thereafter permanently maintained in a healthy condition; and (3) that Building Elevations as shown on Sheets A-5 and A-6, dated 6/6/77, prepared by Design/Builders, Inc. , which are hereby approved, shall be adhered to. Mr. Andrew declared the above motion carried and the foregoing resolution adopted. On a motion duly made by Mr. DuBose, seconded by Mr. Morrow and unanimously adopted, it was #11-249-77 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, the City Planning Commission hereby approves Petition 77-10-8-28P by TLP Design/Builders, Inc. , requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to construct a one-story addition to an existing medical clinic located on the east side of Middlebelt Road between West Chicago and Hathaway in Section 36, does hereby waive Section 10 of Article VI, of the Commission's Rules of Procedure (7 day requirement) . Mr. Andrew declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Morrow, and unanimously adopted, it was #11-250-77 RESOLVED that the City Planning Commission, pursuant to Section 23.01(b) 4 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to rezone property located on the west side of Surrey Avenue, south of Schoolcraft in the Northeast 1/4 of Section 28, from M-1 to P.L. , and FURTHER RESOLVED that, notice of such hearing be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report and recommendation submitted to the City Council. Mr. Andrew declared the above motion carried and the foregoing resolution adopted. On a motion duly made, seconded, and unanimously adopted, the 344th Regular Meeting and Public Hearings held by the City Planning Commission on November 1, 1977 were adjourned at 11:45 p.m. CITY PLANNING COMMISSION � j� ATTEST: / - / Esther Friedrichs, Secretary Daniel R. Andrew, Chairman li s