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HomeMy WebLinkAboutPLANNING MINUTES 1977-12-13 6587 MINUTES OF THE 346th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF 4 LIVONIA On Tuesday, December 13, 1977, the Livonia City Planning Commission held its 346th Regular Meeting and Public Hearings at the Livonia City Hall , 33001 Five Mile Road, Livonia, Mich. Mr. Daniel R. Andrew, Chairman, called the Regular Meeting and Public Hearings to order at. 8: 10 pm, with approximately 40 interested persons in the audience. MEMBERS PRESENT: Daniel R. Andrew Suzanne Wisler Esther Friedrichs William DuBose Lee Morrow Herman Kluver Joseph J . Falk Judith Scurto Jerome Zimmer Messrs. H G Shane, Assistant City Planner 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 , who in turn will hold their own Public Hearing and then decide the question. If the petition involves a Waiver Use Request or a Site Plan Approval , and if the petition is denied, the petitioner has ten days in which to appeal for relief. Otherwise, the petition is terminated. If a Waiver Use Request is denied and appealed to the City Council , the Council will then hold a Public Hearing. However, if a Waiver Use Request is approved, the City Council is not required to hold a Public Hearing. They will simply schedule the item for either a Study or Regular Meeting, and there will be no notification to -,abutting property owners. Mrs. Friedrichs, Secretary, announced the first item on the Agenda as Petition 77-10-1-38 by Leo Soave to rezone property located on the west side of Newburgh Road, north of Seven Mile Road in the Southeast 1/4 of Section 6, from RUFC to C-2. Mr. Andrew: Mr. Shane, any correspondence in the file regarding this petition? Mr. Shane: We have a letter from Engineering indicating that there are no storm or sanitary sewers in the area to service the site in question. Mr. Andrew: Is the petitioner present? William Lindhout: We have an instance here of a local family, the Soave Family, who lived 18518 Farmington in the city for a good number of years , trying to find a good location Road, Livonia to develop a restaurant. They have the Primo's Pizzeria establishment at Seven Mile and Farmington. However, they are very much interested in developing a full scale restaurant operation in this particular Seven Mile area. Other sites that we have studied simply were not feasible fpr one reason or another. As you can see, there is a very narrow stripthat leads down to Seven Mile from the bulk of this pro- perty. This was developed after the installation of the Speedway Gas Station. Fifty feet of the Soave property is already zoned C-2, but what can you do with only 50 feet? The remainder of the property goes up to the residential lots to the north. My objective is to try to make the best possible use of an unusual piece of property. 110 Mr. Lindhout then displayed a sketch of the proposed restaurant. 6588 Mr. Lindhout: We will attempt to use that long neck of property leading out to IL Seven Mile Road as a parking lot. We have indicated a densely planted greenbelt to screen all of the parking. I am sure that it will have a pleasant and natural appearance. To the north we have set aside a considerable area of open space which will serve as a septic field. We have already taken soil tests on the site, and have found that a septic field could be placed here. Again a greenbelt would separate the parking lot from the septic tank area. We would be giving that first house along Newburgh Road seventy to eighty feet of green area, which we feel would serve as a visual relief. Relative to the seating inside the restaurant, it would probably be somewhat less than 200 in order to satisfy current ordinances with respect to parking spaces. The only alternative would be to place the septic field and greenery along Newburgh Road. We feel that we have done the best that is possible with this unusual piece of property for all concerned. Mr. Andrew: What about the storm sewer problem? Mr. Lindhout: I suppose there would have to be some sort of line out to the right of way. Only alternative would be through the golf course across the street. Mr. Andrew: You mentioned that you had considered other sites in the city, and for one reason or another they were not feasible. You mean economi- cally? Cr. Lindhout: Not off hand. Something other than that. I believe the purchase price of the corner at Seven Mile and Farmington was very close to this, but we got into a little hassle with Edison lines crossing the site on three different locations . Plus the fact that the Seven Mile and Farmington Road site was a little bit crowded. Would probably be deficient as far as parking is concerned. Mr. Andrew: Are you talking about that site west of the corner? Mr. Lindhout: Yes, on the south side of Seven Mile Road. It is already zoned properly. But it just isn' t feasible. Mr. Andrew: How long has your client owned this property? Leo Soave: Since 1972. 10616 Nine Mile Oak Park Mr. Andrew: It appears that your property includes 25 feet of easement from the private road along the western boundary. And I am assuming that this 25 feet would not encroach on the parking area. Mr. Lindhout: No, it would not. We will have one aisle of driveway, and one aisle for cars - an area of 20' x 22 ' with 8 feet of greenbelt. Also, there is a protective wall alongside of the gas station. Mr. Andrew:10 No utility lines to interfere? Any questions or comments from the Commission? 6589 Mrs. Wisler: Does the petitioner own any other C-2 zoned property in this city? Mr. Lindhout: 1[0 Other than the one mentioned, I really cannot say for sure. I don't know. Mrs . Wisler: Mr. Soave, do you own any other property in this area, possibly any residential property adjacent to this site? Mr. Soave: Not in this area. Mrs. Wisler: About the septic tank business - this has been discussed with Wayne County? Mr. Lindhout: The tests were taken in February, 1975 - and it was determined that the soil is good for this purpose. But they did give indication that certain specifications would have to be met regarding the length in feet of the tiles as well as the size of the tank. A certain amount of property is required to be set aside for emergencies. Mr. Andrew: Do any members of the Commission have any questions for Mr. Lindhout? Mr. Lindhout: You can be sure that we are not overwhelmingly enthusiastic about a septic tank, but this property does not have any sanitary sewers. Mr. Andrew: Also, it is in conflict with the Master Land Use Plan of the City of Livonia. Is there anyone in the audience wishing to speak either for or against this petition? ,Alan Mabbott: We live in this house marked on the map as 24b. And we are quite 1[019255 Bethany familiar with the owner of that property marked 431b, and he has not been able to obtain a perk test. If a private property owner cannot install a septic tank in this location, how can a restaurant? Can you imagine 200 people in an hour? Greenbelt or not, I certainly wouldn 't want to live near any septic system like that. The way I understand it in talking with City Engineers, there won't be any sanitary sewers in that area for another ten years. Another thing - what about the number of cars coming off of 1-275 all hours of the night and the lights? I live in a two-story house, and this so-called greenbelt isn 't going to screen the lights from the cars into my bed- room. Since the gas station went in, the lights are excessive. I don 't see why we need a restaurant here. Why not just let the area remain RUF? Mr. Lindhout: We got some usage figures from Dick Jones regarding the rate of flow that a restaurant of this size would generate, as well as certain calculations that Wayne County made. You can be sure that no building permit would be issued if any health problems would result because of the installation of this septic tank. Beverly Prieur: We are definitely dead set against this . Agree with Mr. Mabbott. 19261 Newburgh The area should remain rural . 6590 (Dennis Colligan: I have lived just north of this property for about two years. And I 19291 Bethany would just like to say that we searched far and wide for an older established neighborhood. Were very happy to find this rural spot. And I definitely would not like to see any commercial come into this area. We like the wild life - the pheasants and the rabbits. Feel very strong about not having a restaurant go into this area. With Laurel Park going in down Newburgh, we will have all the restaurants we need. Mary Mabbott: My father owns the property adjacent to ours, and he has sent a letter stating his opposition to this rezoning. (She then read the letter to the meeting.) Donald Robinson: There are a lot of children in this area as well as retired persons. 37475 Northland And I feel that these children should be protected. Any restaurant going in there will bring in a lot more cars that will probably drive around Newburgh Road onto our street, Northland Avenue. We certainly don ' t want that sort of nuisance. Dead set against rezoning. Clarence Coveney: With this proposed building, I am sure that will increase the traffic 19283 Newburgh in this area four times, create obnoxious odors blowing through the neighborhood, the excess garbage will bring rodents, and the bright lights will be on until midnight or later. There is no room in this area for a restaurant. Dennis Colligan: I forgot to mention earlier the number of traffic accidents that happen 1[1: at the corner of Seven Mile and Newburgh. There are a lot of them and some of them are fatal . I think you people should take this into consideration when you realize that a restaurant would increase the traffic here. Jos . Phillips : I have a two-story house in this neighborhood, and from my bedroom 19235 Bethany I can see a lot of the accidents that happen at that corner. I know there is no need for me to repeat what has already been said, but you must realize that we really should keep all businesses out of that area. I also have a letter from my next door neighbor who could not be here tonight, opposing this petition. Mr. Andrew: Mr. Lindhout, I have to assume that your client owns at least 25 feet of the private road. Mr. Lindhout: That is correct, and this piece is almost impossible to develop any other way. We have studied other alternatives and come up with little. Mr. Andrew: Have you explored residential alternatives for this property? Mr. Lindhout: No, I haven't, but will offer suggestion to my client. He is very much interested in developing this corner. Mr. Andrew: Is there anyone else wishing to speak on this matter? Clarence Coveney: Were there any perk tests done on this property? Mr. Andrew:1[ Yes, there were. Mr. Coveney: Well , I don ' t see how they could have been passed. The man next to me was rejected twice. 6591 Mrs. Friedrichs: Mr. Shane, do you have any idea as to when sanitary sewers will be installed in this area? Mr. Shane: The only indication I could offer is that Engineering did conduct a capacity test along Newburgh Road to see whether or not a sanitary sewer here would have the capacity to accept any sewerage over and above that already determined. Whether or not it includes this par- ticular area, I do not know. Mrs. Friedrichs: Even though the borings came out to indicate that a septic tank could be installed, what about the high intensity use connected with a restaurant? Somebody mentioned ten years before sewers go in - maybe it could be sooner than that. Mr. Shane: The ten years quote was made with reference to a main trunk line coming west from Seven Mile and Farmington Roads . With all the new development going in there, it may be only seven years. Since there was no one wishing to speak further on this matter, Mr. Andrew declared Public Hearing on Petition 77-10-1-38 closed. On a motion duly made by Mr. Zimmer, seconded by Mr. Falk, and unanimously adopted, it was #12-267-77 RESOLVED that, pursuant to a Public Hearing having been held on December 13, 1977 on Petition 77-10-1-38 as submitted by Leo Soave to rezone property located on the west side of Newburgh Road, north of Seven Mile Road in the Southeast 1/4 of Section 6, from RUFC to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 77-10-1-38 be denied for the following reasons: 1) the proposed rezoning is inconsistent with the Future Land Use Plan of the City of Livonia as adopted by the City Planning Commission; 2) the proposed expansion of commercial zoning would be detrimental to the established and surrounding residential uses of the area; and 3) the proposed, change of zoning would encourage the further expansion of strip commercial zoning in this area which would be inconsistent with sound planning principles and the goals and policies of the Planning Commission with respect to commercial development. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of November 23, 1977, and that 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 foregoing resolution adopted. Mrs. Friedrichs, Secretary, announced the next item on the Agenda as Petition 77-11-2-24 by Mario Fallone requesting waiver use approval to establish an S.D.D. Liquor Licensed operation in an existing commercial business located on the east side of Middlebelt Road, south of Bretton Road in the Southwest 1/4 of Section 1 . Mr. Andrew: Mr. Shane, any correspondence in the file regarding this petition? Mr. Shane: Just a letter from Engineering indicating no problems connected with this proposal . 6592 Mr. Andrew: Is the petitioner present? Kenneth Hale: I will be representing Mr. Mario Fallone, who is the sole proprietor ;Hale & Freeman of the existing establishment, known as Cantoro's Italian Market and ,15195 Farmington Bakery, which is one-half mile north of Seven Mile Road. This site Rd. , Livonia is merely a bakery and meat market, specializing in Italian baked goods. They do have an S.D.M. license. They have been there for three years , is well maintained, with an attractive building adequately screened from the surrounding area. The store is very busy, especially on weekends, almost to the point where you have to pick a number. Really, it is quite an unusual market. Mr. Fallone is requesting this waiver use approval so that he can sell liquor, as well as beer and wine. The store hours now are 9 to 7. Generally, they are 9 to 6, and 9 to 2 on Sundays, but they are open til 7 now because of the holidays coming. If this waiver use is granted, the normal operating hours will not change. This particular area is not too well served as far as being able to purchase liquor. There is a country market on Eight Mile Road between Middlebelt and Merriman with an S.D.D. License, as well as Showerman 's on Five Mile and Merriman. The drug store on the corner of Seven Mile and Middlebelt, I believe, also has an S.D.D. license. I can perceive no problems with this proposal , no increase in traffic, and I am sure it would have no impact on the community other than what is already there. Mr. Andrew: Mr. Bakewell , I believe that direction was given to the Planning Department to investigate the landscaping at this site relative to the planting quality, size, maintenance, etc. [Mr. Bakewell : At this point, I could not see anything sticking up over the snow, but in October Mr. Poppenger from our Planning Department did investigate this site, and indicated to us that there was a deterioration in the maintenance of this landscaping. Mr. Andrew: Mr. Hale, would you anticipate - in the event an S.D.D. license is issued - that your client would change his hours of operation? Mr. Hale: No. Mr. Andrew: It just seems strange to me that a family operation of this sort would want to get into the liquor business. Mr. Hale: Yes, primarily, this is a family operated bakery and meat market, but they just want to make it convenient for those customers who would also like to purchase liquor. Rather than have them go elsewhere. Mr. Andrew: Any questions of this Commission to Mr. Hale? Mrs. Wisler: I have some concerns about the mechanical equipment on the roof. Is there any possibility of some screening device that could be placed on the top of the building? What is there now is most objectionable. Mr. Hale:1E: We could install an aluminum-type fence on the roof. No problem. The lack of maintenance on the landscaping will be corrected. Mr. Andrew: Any other questions? 6593 1[ r. Falk: Just a comment to Mr. Hale. You represent your clients very well . I must say you do a good job for them. I am not too excited about having another place to buy liquor here in Livonia. There is a drive now going on to raise the drinking age from 18 to 21 , and I am very much in favor of that. This location is on a heavily traveled artery of the city - near a school - and personally . I would not like to see this intrusion of selling liquor in that area. Mrs. Scurto: Personally, I have no objection to granting the S.D.D. License, but something has got to be done about the appearance on the front of that building. Mr. Hale: Mr. Fallone will make any committment that you like to the Commission. I will be happy to work with the Planning Department to do whatever is necessary to screen the air conditioning and heating units on the roof, as well as maintain the landscaping. Mr. Andrew: Is there anyone in the audience wishing to speak either for or against this petition? W. Jacoby: This is an Italian store, and a good one. I buy bread there myself. 29138 St. Martins Good for the neighborhood. Up until now. I am not opposed to them selling liquor, but you know there will be transient trade coming in. And the vacant lot next door to them is a mess - full of weeds. I would hope that Mr. Fallone would do something about cutting down those weeds. People are going to come in, buy liquor, and then go ILinto those bushes and drink it. I know that Mr. Fallone is an honorable man, but these things will happen. This area is going commercial , not many residences left, but I do wish he would clean up his field. Mr. Andrew: Mr. Hale, does Mr. Fallone have any interest in the property immediately to the south? Who owns that property? Mr. Fallone: Leon Siegel owns it. G. Adams : I agree with those things already said. He has a good legitimate 29138 St. Martins business here. But there are a lot of school kids from Clarenceville going in there at lunchtime. I feel this would create a problem with the school kids. That vacant lot next door is outrageous, weeds right up to the top of your head. Mrs. Friedrichs: There must be an ordinance in the city of Livonia indicating that weeds must be cut down. Isn' t there anything that can be done about this situation? Mr. Andrew: I believe the Building Inspectors would have to check into that. Mr. Shane, on Waiver Use requests , notices are sent to property owners within 500 feet. Would that encompass the Clarenceville Public Schools property? Mr. Shane: No. I:. Andrew: As one Commissioner, I would like to have some reaction from the Clarenceville Superintendent of Schools, or someone on the Clarence- ville Board of Education as to their feelings relative to granting an S.D.D. license at this location. 6594 Mr. Morrow: Isn 't there some ordinance regarding distances away from places selling liquor relative to school buildings? ILO r. Shane: Before the license is granted, I believe there has to be approval from the neighbors. r. Feinberg: There used to be an ordinance indicating a distance of 500 feet from a school or church, but that may have been changed. Mr. Hale: Let me remind you that Mr. Fallone is not open at night. We don' t feel that there will be any riff-raff patronizing his store. This is a family-type operation, and he is just as concerned about children buying liquor as we are. Mr. Andrew: Does Mr. Fallone sell anything carry-out? - Mr. Fallone: Not much carry-out --- maybe pizza sometimes by the slice. Since there was no one else wishing to speak further on this matter, Mr. Andrew declared Public Hearing on Petition 77-11-2-24 closed. On a motion duly made by Mr. Falk, seconded by Mrs. Scurto, and adopted, it was #12-268-77 RESOLVED that, pursuant to a Public Hearing having been held on December 13, 1977 on Petition 77-11-2-24 as submitted by Mario Fallone requesting waiver use approval to establish an S.D.D. Liquor Licensed operation in an existing commercial business located on the east side of Middlebelt Road, south of Bretton Road in the Southwest 1/4 of Section 1 , the City Planning Commission does hereby determine to table Petition 77-11-2-24 until the Study Meeting scheduled to be conducted on December 20, 1977. 4 A roll call vote resulted in the following: 110 AYES: Kluver, Friedrichs, DuBose, Scurto, Falk, Morrow, Wisler and Andrew NAYS: Zimmer Mr. Andrew declared the above motion carried and foregoing resolution adopted. Mrs. Friedrichs, Secretary, announced the next item on the Agenda as Petition 77-11-2-25 by Volk & London, Architects for Trinity Baptist Church, requesting waiver use approval to construct a home for the elderly on the north side of Six Mile Road between Haggerty Road and the 1-96/275 Freeway in the Southwest 1/4 of Section 7. Mr. Andrew: Mr. Shane, any correspondence in the file regarding this petition? Mr. Shane: Yes, we have a letter from the Fire Marshall dated December 8, 1977. Mr. Andrew: Is the petitioner present? Dick Lux: Yes, I will be representing the petitioner. Volk & London, Architects, Southfield tMr. Andrew: There seems to be some question about improving that road that leads north off of Six Mile Road. Mr. Lux: I know that the College and the Church have been working together re- garding that road, also to put utilities in. But I do not know exactly what arrangements have been made as yet. 6595 =Mr. Andrew: Do you see any difficulty in removing that 5' high masonry wall along the east property line, and in effect replacing it with some type of firm surface to the north so that the fire trucks would have access to the rear of the building? Mr. Lux: If necessary, access to the north of the church would definitely be developed. Mr. Shane: The fire trucks will definitely need some sort of hard surface to drive on. Mr. Andrew: I think the Fire Chief is also saying to us that there should be some sort of hard-surfaced drive between the sites of the No. 2 phase of construction and the No. I site. Mr. Shane: More than likely, the fire trucks should be able to get around each side of the building. Mr. Andrew: I also seem to recall that there was a question raised at the Study Meeting about some sort of awning to be installed. Mr. Lux: Yes, the awnings will be installed on the southern side of the building for shading from the sun, and have been made with a vinyl material that is supposed to not deteriorate like canvas would. This particular material is supposed to last twice as long as canvas - possibly with a 20-year life expectancy. Mr. Andrew:IL Awnings are mounted on a metal frame? 4Mr. Lux: The frames will not be seen, and the awnings will be attached with welded joints. Mr. Kluver: The superstructures will be affixed to the building itself? Mr. Lux: This is correct. Mr. Kluver: And the awnings are located on the superstructures? Mr. Lux: Yes. Mr. Zimmer: This Fire Department thing - Mr. Shane indicated that he thought the trash containers on the east property line should be removed, and the east-west access road through the back of the property be reduced from 50' to 30' . Would that provide enough accessibility to get around the building? Mr. Shane: Would only be a temporary situation. After Phase Two construction is completed, road would then traverse around entire perimeter of property. Mr. Zimmer: Wouldn 't that significantly modify the plan? Mr. Shane: We would suggest that the trash containers could be located on either 10 side, next to a driveway. 4 6596 Mr. Andrew: Mr. Shane, it would appear that the location of the trash receptacles 11 should be directly opposite the kitchen door. Mr. Lux: The door on the east side of the building is the receiving door, as well as the kitchen. rs. Wisler: Is it possible that the Fire Marshal received only a partial Site Plan? Mr. Shane: The Fire Marshal received the entire Site Plan. Mr. Andrew: Is there anyone in the audience wishing to speak either for or against this petition? Ed Wile: I would certainly like to get approval on this as soon as possible. I President, didn' t realize that we would be having a 5' masonry wall on the east Trinity Baptist side of the building, and I would like to say that we would be most Church happy to eliminate that wall and use the money that was to be spent for that purpose in order to provide good access for the Fire Department. As you know, we are very anxious to get approval in order to obtain a final committment. This is the only place of its kind in this area to provide this type of service, and we are very anxious to get the building under progress. It will be three stories high, and I really don' t know of anything in the plans that is not complying with the ordinances of the city of Livonia. Mr. Andrew: We are just trying to clarify suggestions from the Fire Marshal as to whether or not there will be a hard surface to service the Court Yard 1[40 once Phase Two construction has started. We also have some concerns about the location of trash containers in the area. I would strongly suggest that you have your architect contact our Planning Staff, and get some definite comments from the Fire Marshal , and I would suggest to the Commission that we table this matter to our Study Meeting of next Tuesday. Possibly we should set up a Special Meeting to study this matter a little more closely. Since there was no one else wishing to speak any further on this matter, Mr. Andrew declared Public Hearing on Petition 77-11-2-25 closed. On a motion duly made by Mr. Falk, seconded by Mrs. Friedrichs, and unanimously adopted, it was #12-269-77 RESOLVED that, pursuant to a Public Hearing having been held on December 13, 1977 on Petition 77-11-2-25 as submitted by Volk & London, Architects for Trinity Baptist Church, requesting waiver use approval to construct a home for the elderly on the north side of Six Mile Road between Haggerty Road and the 1-96/275 Freeway in the Southwest 1/4 of Section 7, the City Planning Com- mission does hereby determine to table Petition 77-11-2-25 until the Study and Special Meeting scheduled to be conducted on December 20, 1977. Mr. Andrew declared the above motion carried and foregoing resolution adopted. 3 • 6597 On a motion duly made by Mrs. Scurto, seconded by Mrs. Wisler, and adopted, it was 1[4 x#12-270-77 RESOLVED that, pursuant to a Public Hearing having been held on August 16, 1977 on Petition 77-7-2-15 as submitted by Brightmoor Tabernacle requesting waiver use approval to construct a new Church and Church elementary school building on property located on the north side of Six Mile Road, east of Wayne Road in the Southwest 1/4 of Section 9, the City Planning Commission does hereby recommend to the City Council that Petition 77-7-2-15 be approved, subject to the following conditions: 1) that Site Plan #7702, revised 12/12/77, prepared by Harold H. Fisher & Associates, Inc. , which is hereby approved, shall be adhered to; 2) that Building Elevation Plan #7702 , revised 12/12/77, prepared by Harold H. Fisher & Associates , Inc. , which is hereby approved, shall be adhered to; 3) that all landscape materials as shown on the approved Site Plan shall be installed on the site before issuance of a Certificate of Occupancy and thereafter maintained in a healthy condition; 4) that parking lot lighting shall conform to that as shown on the approved Site Plan; and II; 5) that any free-standing signs proposed for the site shall be subject to Planning Commission review and approval prior to issuance of any sign permits for the following reasons: 1) the proposed use fully complies with Section 4.03(a) of Zoning Ordinance #543; 2) the site has excess capacity to support the proposed use; 3) the proposed use will not adversely affect the surrounding established uses of the area as a similar use adjoins the property to the east with School or park lands abutting the property to the north and north- east; and 4) the area will not be adversely affected from a traffic standpoint as Six Mile Road has excess traffic-carrying capacity to accommodate any increase in traffic as may be generated by the proposed use. FURTHER RESOLVED that, notice of the above Public Hearing was sent to pro- perty owners within 500 feet, the petitioner, and City Departments as listed in the Proof of Service. A roll call vote resulted in the following: 100 AYES: Friedrichs, Zimmer, Scurto, Wisler and Andrew NAYS: Kluver, DuBose, Falk and Morrow Mr. Andrew declared the above motion carried and foregoing resolution adopted. 6598 r. Andrew then informed Mr. James VanHouten , Attorney for the Church, as well as Mr. I[ William Fried, member of the Michigan State Bar Association and representing Burton ,Hollow Subdivision, that the City Council is not required to hold a Public Hearing on ;this matter, and if they should like to know when they will be discussing the matter, ,they should request the City Clerk's office to notify them accordingly. On a motion duly made by Mr. Kluver, seconded by Mr. Zimmer, and adopted, it was #12-271-77 RESOLVED that, pursuant to a Public Hearing having been held on November 1 , 1977 on Petition 77-9-1-31 as submitted by the City Planning Commission pur- suant 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-5 as amended, the City Planning Commission does hereby recommend to the City Council that Petition 77-9-1-3.1 be approved for the following reasons: 1) the Livonia Board of Education has determined that the subject property is no longer needed for school purposes, and the Parks and Recreation Commission by letter has indicated there is no need to acquire the lands for park purposes as the neighboring area is adequately served by parks and open space; 2) the proposed zoning classification will provide for the single-family residential development of the area with housing and lot sizes consistent with or exceeding the developed residential subdivisions located within the neighboring area; 1[410 3) the R-5 classification, requiring a minimum lot size of no less than 100' in width, 150' in depth and 15,000 square feet in area, is more consistent with the immediately adjoining residential properties in the area; and 4) the proposed residential development would not adversely affect the adjoining area as the area has good access to the adjoining mile roads of either Seven Mile or Merriman Road to handle traffic to and from the proposed area, and the area is separated and buffered from adjoining residential areas to the south and west by the abutting lands of Rotary Park. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of October 13, 1977, and that notice of such hearing was sent to the Detroit Edison Company, Chesapeake and Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company, and City Departments as listed in the Proof of Service. A roll call vote resulted in the following: AYES: Kluver, Friedrichs , DuBose, Zimmer and Andrew NAYS: Scurto, Falk and Morrow ABSTAIN: Wisler Mr. Andrew declared the above motion carried and foregoing resolution adopted. 6599 On a motion duly made by Mr. Kluver, seconded by Mr. Zimmer, and adopted, it was 4 #12-272-77 RESOLVED that, pursuant to a Public Hearing having been held on November 1, 1977 on Petition 77-9-1-32 as submitted by the City l Planning Commission pursuant to Council Resolution #803-77 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; and having further studied the matter along with the comments made at the November 1, 1977 Public Hearing, the City Planning Commission takes this means to advise the City Council of its conclusion that the R-5 zoning classification is, in fact, the appropriate zoning classification for the subject property; ' does hereby determine to withdraw Petition 77-9-1-32 and deems that no further action by the City is necessary. ABSTAIN: Wisler Mr. Andrew declared the above motion carried and foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. DuBose, and unanimously adopted, it was #12-273-77 RESOLVED that, the City Planning Commission does hereby approve the Landscape Plan and Entrance Marker Plan submitted in connection with a condition to approval of Windridge Village Subdivision #2 proposed to be located on the north side of Seven Mile Road, west of Farmington Road, in the Southeast 1/4 of Section 4, subject to the following conditions: 1) that the Landscape Plan prepared by Geake & Associates, showing land- scaped screening of the greenbelt easement areas as shown on the Pre- liminary Plat, which is hereby approved, shall be adhered to; and 2) that the Entrance Marker Plan as shown on the approved Landscape Plan, which is hereby approved, shall be adhered to and the Entrance Marker installed before approval of the Final Plat. Mr. Andrew declared the above motion carried and foregoing resolution adopted. On a motion duly made by Mrs. Wisler, seconded by Mr. Morrow, and unanimously adopted, it was #12-274-77 RESOLVED that, pursuant to a letter dated November 29, 1977 requesting an extension of time in connection with a condition of approval of Petition 75-10-2-27 by Jack Masek for Allied Supermarket Employees Credit Union requesting waiver use approval to construct and operate a credit union on the south side of Six Mile Road between Middlebelt and Oporto in the Northeast 1/4 of Section 14, the City Planning Commission does hereby approve that an extension of time be granted until a date no later than June 1, 1978. Mr. Andrew declared the above motion carried and foregoing resolution adopted. On a motion duly made by Mrs. Wisler, seconded by Mr. Falk, and unanimously adopted, it was I#12-275_77 RESOLVED that the Minutes of the 344th Regular Meeting and Public Hearings held by the City Planning Commission on November 1 , 1977 be approved. Mr. Andrew declared the above motion carried and foregoing resolution adopted. 6600 1[0 ELECTION OF OFFICERS FOR 1978: #12-276-77 RESOLVED that, the City of Livonia Planning Commission hold an election of Officers of the Planning Commission for the year beginning January 1 , 1978 to wit: Chairman, Vice Chairman and Secretary. Nominations were made, votes cast and the following members of the City Planning Commission were duly declared elected to said offices: CHAIRMAN: Daniel R. Andrew VICE CHAIRMAN: Jerome Zimmer SECRETARY: Joseph J. Falk On a motion duly made by Mrs. Wisler, seconded by Mr. DuBose, and unanimously adopted, it was #12-277-77 RESOLVED that, the City Planning Commission does hereby approve the Final Plat for the Louis Nelson Industrial Subdivision proposed to be located south of Schoolcraft Road west of Wayne Road in the Northwest 1/4 of Section 28 subject to the following condition : 1 ) that the City Council approve the reduction of the amount of bonds necessary to assure his financial obligations consistent with the City of Livonia Engineering Division's letter to the City Council dated 11/22/77, (60 for the following reasons: 1) the Final Plat is drawn in full compliance with the previously approved preliminary plat; and 2) the Engineering Division, in a letter dated 11/14/77, recommends approval . Mr. Andrew declared the above motion carried and foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Zimmer, and adopted, it was #12-278-77 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 77-11-8-31P by Donald D. • and Kenneth J. Wagner requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to construct an insurance sales office on the east side of Newburgh Road between Plymouth and Amrhein Roads in Section 29, subject to the following conditions: 1 ) that Site and Landscape Plan #C-10744, dated 12/8/77, prepared by Clark W. Corey, Architect, which is hereby approved, shall be adhered to; 2) that Building Elevations as shown on Plan #C-10774, dated 12/8/77, prepared by Clark W. Corey, Architect, which are hereby approved, I[ shall be adhered to; 110 3) that all landscape materials as shown on the approved Site Plan shall be installed on the site before issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition; and 6601 4) that a Sign Plan prepared by the petitioner be submitted to the Planning Department before the issuance of a Certificate of Occu 1[: pancy. A roll call vote resulted in the following: AYES: Kluver, Friedrichs, DuBose, Zimmer, Falk, Morrow, Wisler and Andrew NAYS: Scurto Mr. Andrew declared the above motion carried and foregoing resolution adopted. On a motion duly made by Mr. DuBose, seconded by Mr. Falk, and unanimously adopted, it was #12-279-77 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, the City Planning Commission does hereby recommend to the City Council that Petition 77-11-8-33 by John E. Higgins, Detroit Bank-Livonia, requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to alter the exterior of an existing building located on the north side of Seven Mile Road within the Livonia Mall Shopping Center in Section 2, be approved subject to the following conditions : 1) that Site Plan #1638-22, Sheet A-1 , prepared by Louis G. Redstone, Architects, which is hereby approved, shall be adhered to; and 2) that Building Elevations as shown on Plan #1638-22, Sheet A-2, prepared by Louis G. Redstone, Architects, which is hereby 1[10approved, shall be adhered to. Mr. Andrew declared the above motion carried and foregoing resolution adopted. On a motion duly made by Mrs. Friedrichs, seconded by Mr. Kluver, and unanimously adopted, it was #12-280-77 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the city of Livonia, as amended by Ordinance #1011 , the City Planning Commissi does hereby recommend to the City Council that Petition 77-11-8-34 by Robert J. Gagliardi requesting approval of all plans required by Section 30.02 of Ordinance #543, submitted in connection with a proposal to construct a restaurant on the southeast corner of Merriman and Schoolcraft Roads in the Northwest 1/4 of Section 26, be approved subject to the following conditions : 1 ) that Site and Landscape Plan #SK-1 , revised dated 12/7/77, prepared by Alvin A. Chartrand, Architect, which is hereby approved, shall be adhered to; 2) that Building Elevations as shown on Plan #SK-3, dated 11/28/77, which are hereby approved, shall be adhered to with the added condition that the south wall and service area wall shall be painted to match the brick proposed to be used on the other three walls; 3) that all landscape materials as shown on the approved plan shall be installed on the site before issuance of a Certificate of Occupancy 110 with the exception of the six trees along the eastbound service drive which are to be planted by June 1 , 1979; 4) that all landscaping as shown on the apporved plan shall be permanently maintained in a healthy condition; and 6602 5) that the owner shall install signs along the north side of his building indicating "no standing or parking - fire lane", as recommended by the Fire Marshal . r. Andrew declared the above motion carried and foregoing resolution adopted. On a motion duly made by Mrs. Friedrichs, seconded by Mr. Kluver, and unanimously adopted, it was #12-281-77 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 Commissio does hereby approve Petition 77-12-8-35P by Lindhout Associates requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to construct a one-story office building on the north side of School- craft between Merriman and Hubbell in the Southwest 1/4 of Section 23, subject to the following conditions : 1) that Site Plan #7638, Sheet P-1 , dated 12/1/77, prepared by Lindhout Associates, Architects , which is hereby approved, shall be adhered to; 2) that Building Elevations as shown on Plan #7638, Sheet P-2, dated 12/1/77, prepared by Lindhout Associates, Architects , which are hereby approved, shall be adhered to; and 3) that all landscape materials as shown on Sheet P-2, prepared by Lindhout Associates, which is hereby approved, shall be adhered to and installed on the site before a Certificate of Occupancy is issued and thereafter permanently maintained in a healthy condition. (OM r. Andrew declared the above motion carried and foregoing resolution adopted. On a motion duly made by Mrs . Scurto, seconded by Mr. DuBose, and unanimously adopted, it was #12-282-77 RESOLVED that, pursuant to a letter dated June 17, 1977 requesting an extension of time in connection with Condition #5 with regard to the approval of Petition 77-2-8-3 by Rick-Mar Corporation requesting approval of all plans required by Section 18.47 of Ordinance #543, submitted in connection with a proposal to rem ( the exterior of an existing building located on the east side of Farmington Road, north of Seven Mile Road in Section 3, the City Planning Commission does hereby approve that an extension be.granted until June 1, 1978 for the following reasons: 1 ) substantial progress has been made in the installation of landscape details in accord with the approved plan; and 2) the spring planting season will be a more appropriate time in which to complete the installation of landscape materials. Mr. Andrew declared the above motion carried and foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 346th Regular Meeting and Publi ,Hearings held by the Livonia City Planning Commission on December 13, 1977 were adjourned at 10:45 pm. 110 CITY PLANNING COMMISSION / Esther Friedrichs, Secretary ATTEST: Daniel R. Andrew, Chairman