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HomeMy WebLinkAboutPLANNING MINUTES 1979-05-01 r 6988 MINUTES OF THE 370th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA J On Tuesday, May 1, 1979, the City Planning Commission of the City of Livonia held 10 its 370th Regular Meeting and Public Hearings at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Regular Meeting and Public Hearing to order • at 8:05 p.m. , with approximately 30 interested people present. MEMBERS PRESENT: Herman Kluver Joseph Falk Judith Scurto Esther Freidrichs Jerome Zimmer R. Lee Morrow Suzanne Wisler Daniel R. Andrew C. Russell Smith 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 rezoning request, this Commission only makes a recommendation to the City Council, who in turn will then hold their own Public Hearing and decide the question. If a • petition involves a waiver use request, and the petition is denied by the Planning Commission, the petitioner then has ten days in which to appeal for relief. Other- wise the petition is terminated. Mr. Falk, Secretary announced the first item on the agenda is Petition 79-3-1-10 1E: by Albert Weiss for Disabled Veterans of America requesting to rezone property located on the east side of Newburgh Road, north of Seven Mile Road, in the Southwest 1/4 of Section 5, from RUFC to C-2. Mr. Andrew: Is there any correspondence on this matter? Mr. Nagy: We have a letter from Engineering dated April 4, 1979 signed by Gary Clark indicating there are no storm or sanitary sewers readily available and Newburgh Road has not been dedicated to the full requirements in accord with the Master Thoroughfare Plan. We also have a communication from the law firm of Brashear, Conley and Tangora dated April 27, 1979 from Gerald M. Conley to the City Planning Commission. Mr. Conley indicates he is representing Albert Hajjar of 19753 Newburgh who is opposed to this development. Mr. Andrew: Is the petitioner or his representative present? Albert Weiss, 23602 Stonehedge, Novi, Commander of the Livonia Chapter 114 of the Disabled Veterans of America was present to represent the group. Mr. Weiss: I would like to introduce my Past Commander, Walter Shapiro. Walter Shapiro: Our organization is comprised of wartime veterans, widows and 19210 Osmus dependents. Any man or woman injured during time of war in the military 4 ' or naval service of the United States and has not been dishonorably dis- t is eligible for membership. Any nations associated with the United States as their allies during wartime providing they are American citizens are also eligible. We hope to put up a building. It will not 6989 have a bar in it. It will have a clubhouse. As for traffic there is an awful lot of traffic as Newburgh is a main thoroughf 're. There will be an awful lot of traffic that will be generated by Laurel Park and Also the freeway. We intend to build a building that we will be proud of and that you will be proud of. We will use it mainly for meetings and as a place to service veterans and their dependents and survivors It will help us to participate in more community activites. At the present time when a veteran or his dependent needs any service they have .to go into downtown Detroit. We hope to have a few days and nights set aside to service these people. We would bring in professional service officers. A few of our members are trained to initiate claims for veterans. I hope you will give us your utmost consideration. Mr. Andrew: Do you own the property at the present time? Mr. Shapiro: We have a deposit on the property with a contingency. The sale is contingent on our getting the property rezoned. Mr. Andrew: Where are your members meeting presently? Mr. Shapiro: We have no real address. The City of Livonia gives us a meeting hall one night a month. We meet at the Senior Citizens' Building. It is difficult for us to plan anything. Our own building would be a benefit to our members and to the community. Mr. Andrew: It has been our experience as we considered other petitions in this area there is a poor percolation of the soil. Even if granted the zoning and the site plan approval I question how you would get approval from the Wayne County Health Department as to the perk requirement necessary for a septic tank permit. Mrs. Scurto: Will you rent your hall for social occasions such as weddings? Mr. Shapiro: Yes. Mrs. Scurto: The parties that would be renting would have to secure a 24 hour liquor license. Mr. Morrow: When you took the option on the property were you aware of the future land use for that particular area? Mr. Shapiro: I did not know there was a Master Plan. Mr. Morrow: We have one for the complete City. That property and the surrounding area is zoned for low density housing. Mr. Falk: How many members in the DAV? • • Mr. Shapiro: 1,000 in our chapter of which 500 reside in Livonia. There are probably more that would join if we had a building in the City. Mr. Falk: I recognize that your purpose and intent are good. As far as the service part, the DAV will send out any form you wish in 24 hours. ' Mr. Shapiro: They are very complicated forms which people need help with. If people had to write in for forms and complete them themselves it would take years and years. . 6990- Mr. Falk:I think it is a noble enterprise. I think you should have done some more homework on the future land use and the soil perk. Mr. Shapiro: I stopped in at the Engineering office and they did not give me a definite answer. They told me about the future plans to widen Newburgh and that there were no sewers planned for the future. Mr. Falk: They did not bring to your attention that there was land down the street that could not be used. What made you pick that particular spot? • Mr. Shapiro: We looked at other property. This piece was a good price. It is a good location to the roads around there. , Mr. Falk: The seller did not tell you about the problems he had? Mr. Shapiro: No. Mrs. Friedrichs: There are other locations in Livonia. Mr. Shapiro: They are less suitable for more money. Mr. Falk: It was stated earlier that you had no intention of securing a liquor license. How are you going to survive. ' Mr. Shapiro: There is a chapter in Redford. They have no liquor license there. Mr. Falk: There was another spot where someone wanted to put up a hall but the residents complained and it did not go through. They too had a dedication to the community except the neighbors did not think it enhanced their neighborhood. Mr. Weiss: Mr. Shapiro mentioned 1,000 members. We do not all meet at one time. We are our to help the disabled veterans primarily. We can't do it . unless we have our own home. We can't have what we want by using the Senior Citizens' Building. If we would like to have a fund raiser dinner or bingo we need our own home. It is not going to be a rowdy thing and we don't intend to make it a rowdy thing. We are quite an organization. You can test it out by the meetings we have had at the Senior Citizen center. Wm. Olinki: We will be requesting a liquor license but it will be a club license. 20361 Beatrice The public is not invited. • Livonia Lowell McKeehan: I do not think we will be a hindrance to the community. 9800 Seven Mile Northville • Mr. Smith: I admire your group because it is Livonia citizens wanting to buy a place for their own-club. Usually most clubs rent their building out to meet their expenses. There are usually legalized bingos, Las Vegas nites. I know most of the DAV members don't drink. The people to whom you rent the building do drink. When they depart from your building they IL ' cause aproblem. We are in a land use area that requires houses. What do we say to the next person that would like to build a party store. I see the Knightsof Columbus in my own vicinity. We have had some serious accidents. In this area I think it is going to open up the door to other commercial development not in accord with the future plan. We welcome the DAV to our City but this location for your purpose seems inadequate. 4 6991 Mr. Zimmer: Because this property will not perk does that mean a commercial building would not be able to go here. I Mr. Nagy: I am not sure of the perk on this particular piece of property. Other adjoining pieces have had problems. Mr. Zimmer: Are their other alternatives to a "no perk" situation? Mr. Nagy: Tear the soil out and create a new soil field which would be quite expensive. • C.A.Smith: I am speaking fore group that has served their Country. They are 46363 Nine Mile people with honor. They deserve Honor. Northville , John Stymelski: If I understand correctly there are three factors that make this petition a problem. First, as a rental facility;_ secondly, a liquor license for a non-profit organization; and thirdly, the feeling of the neighborhood ( a reluctance where liquor would be) . Mr. Morrow: I can only speak for myself. My concerns do not run along the lines of the liquor. It is a commercial development in a low density residential area. I do not think there is any group I hold in higher esteem than the DAV. As one member I cannot support this petition strictly from a planning standpoint. I hope in the future they can find a spot in Livonia where we can wholeheartedly support their endeavor. h. Mr. Weiss:100 We did try to secure other locations. We went to the City and asked about the schools that were going to go out. We asked about Pierson School and we wanted to be notified when it was put up for sale. It was not brought up again. The Pierson School was sold and no one even got in touch with us. Mrs. Wisler: The schools are owned by the Board of Education. Perhaps you notified • the wrong party. They publish in the newspaper that they are accepting bids. It is up to interested parties to contact the appropriate person with whatever is the appropriate bid. We don't take part in their selling. Perhaps you should go see them again. They are quite precise and have specific rules. Mr. Shapiro: What paper? Mrs. Wisler: As far as I know the Livonia Observer. Mr. Shapiro: What about Brose Electric on the corner? Wasn't that once RUF? Mr. Andrew: The' entire City at one point was zoned agricultural. The City had a Master Plan for the northwest quadrant for 15 years. We did know • there would be a commercial development at Six and Newburgh since 1964, but Seven and Newburgh is a low density residential area that will not change in the future There are other RUF areas that will change in other areas. There are three essential points for the DAV to consider. None of us are opposed to the DAV in this City. Our problem is we are looking at a specific piece of land that is not suited for this development IL because: (1) It is contrary to the Master Land Use Plan; (2) This is spot zoning which is contrary to the law; (3) This would certainly serve to encourage additional commercial development along Newburgh Road. 6992 Mr. Falk: As far as Brose Electric, we felt that on that corner Brose would look better than a gas station. We realized that no one would want to develop a home site on that corner where Brose now stands. The intrusion there is the beginning of the end. We are trying to give the DAV direction. There are other locations you can go to. You might check with Dan Gilmartin or Mr. Nagy. They might be able to recommend other locations. My position has not changed in 9years on this particular area. Mr. Stymelski When they come back again they will be better equipped. Mr. McKeehan: We liked this location because we would have access from all expressways. We are a service to the community. We would like to stay in Livonia and we would like to find a location soon for our memorial home. I Mr. Andrew: Are there any further comments? There was no one else wishing to be heard regarding this item. Mr: Andrew, Chairman declared the public hearing on Petition 79-3-1-10 closed. On a motion duly made by Mr. Zimmer and seconded by Mr. Morrow, it was #5-54-79 RESOLVED that, pursuant to a Public Hearing having been held on May 1, 1979 on Petition 79-3-1-10 as submitted by Albert Weiss for Disabled Veterans of America, requesting to rezone property located on the east side of Newburgh • Road, north of Seven Mile Road, in the Southwest 1/4 of Section 5, from RUFC • to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 79-3-1-10 be denied for the following reasons: IL (1) The proposal would constitute spot zoning and allow uses which are inappropriate for the area. (2) The proposed zoning would allow uses which would be inconsistent with the Future Land Use Plan recommendation of low density residential. (3) The proposed zoning would be incompatible with the surrounding residential neighborhood. (4) A change in zoning would serve to invite similar zoning requests which would result in strip commercial development contrary to good principals of planning and the goals and objectives of the Planning Commission. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 4/12/79, and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. • A roll call vote on the foregoing motion resulted in the following: AYES: Zimmer, Scurto, Falk, Morrow, Wisler, Andrew NAYS: Friedrichs, Kluver, Smith ABSENT: None 44r. Andrew: We are also concerned about the lack of sanitary and storm sewers in 1[W the area. The petition will be sent 'to the City Council and they will make the final decision. Mr. Andrew, Chairman declared the motion is carried and the foregoing resolution adopted. 6993 ,Mrs. Scurto: I believe you should secure from Planning A Future Land Use Map that will aid you in your search. i Mr. Nagy: I have one available now. Mr. Falk announced the next item on the agenda is Petition 79-4-1-11 by Hugh C. Leavell requesting to rezone property located on the south side of Seven Mile Road, between Mayfield and Loveland in the Northwest 1/4 of Section 10, from P.L. to P.S. , Mr. Andrew: Is there any correspondence on this matter? Mr. Nagy: We have a letter from the En • Engineering Division stating that the , legal description is satisfactory and we have a letter from the Bureau of Inspection regarding the change of use from Frank Kerby. Mr. Andrew: Assuming there is a successful rezoning, will the petitioner have to come back before this Commission for site plan approval? Mr. Nagy: A site plan will be required. This is a vicinity control area. Mr. Andrew: Is the petitioner present? Was he notified? Mr. Nagy: He was notified. I cannot explain his absence. Michael Barry: What is going to happen to our neighborhood at this point? Basically, II 18960 Mayfield we are on a dirt road because of the extension of Mayfield. How much is going to be paved and how many trees are we going to lose? iMr. Andrew: I think if done properly it could be very aesthetic. We are not equipped to answer any questions until petitioner is present. On a motion duly made by Mr. Kluver, seconded by Mrs. Wisler, and unanimously adopted, it was #5-55-79 RESOLVED that; pursuant to a Public Hearing having been held on May 1, 1979 on Petition 79-4-1-11 as submitted by Hugh C. Leavell -requesting to rezone property located on the south side of Seven Mile Road, between Mayfield and Loveland in the Northwest 1/4 of Section 10, from P.L. to P.S. , the City Planning Commission does hereby determine to table Petition 79-4-1-11. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Andrew: We will notify you Mr. Barry when we have a study meeting set up. Mr. Falk announced the next item on the agenda is Petition 79-4-2-9 by Disco Daddy, Ltd. requesting a waiver of use approval to operate a disco for teens within an existing building located on the northeast corner of Plymouth Road and Middle- belt Road, in the Southwest 1/4 of Section 25. Mr. Andrew: Is there any correspondence on this matter? Mr. Nagy:IL We have a letter from Division of Engineering dated April 6, 1979 from Gary Clark. There is a letter from Harold Zucker 11727 Haller and a letter dated May 1, 1979 from Ann Cheaney. Mrs. Wisler: I will abstain from discussing and voting on this. 6994 David I. Goldstein: I would like to introduce Mr. David Stefanski who is with the 2121 Buena Vista Disco Daddy, Ltd. Ann Arbor l Mr. Stefanski: We would like to operate a disco for 13 to 18 year old teens in the evenings and on Saturday afternoon. There will be chaperones and no alcohol. Our hours will be Friday and Saturday from 7 p.m. to midnight. On Saturday afternnod we will have a pre-teen session for 12 and under. This session will be from 1 p.m. to 5 p.m. We will have 8 to 12 supervisors. We are closed during the week. Maybe in the summer we would be open on Thursday nights. We have had an operation in Riverview since December 15, 1978. We also have two in Toledo which is where the Disco Daddy, Ltd. started. , Mr. Falk: In any of the operations you have or had did you experience any difficulty with the law? Mr. Goldstein: We had one noise incident. One of the tenants complained of the noise but it was renewal of lease time and it was really a land- lord tenant problem. Mr. Stefanski: The Chief of Police will verify our statements. Mr. Andrew: We have inquired from the Riverview Police but we have not heard • from them. Mrs. Scurto: Do you have any pinball games in your operation? 1: Mr. Stefanski: We have arcade games, the video games and we do have some pinball j games. It is not a necessary part of our operation. It creates a diversion for the kids. We have had no problems with parents complaining. Mr. Zimmer: Are parents permitted? • Mr. Stefanski: Parents are permitted but not welcomed by their kids. No fee is charged for parents. On Saturday afternoons we do have many mothers. Mr. Falk: Are you planning on serving food? Mr. Stefanski: There will be no prepared food. We will have pop, popcorn, and chips. Mr. Falk: How•many pinball machines will you have in your operation? Mr. Stefanski: Six to fourteen pinball machines which will be 25 games. Mr. Falk: Can the pre-teens play the games on Saturday afternoons? • Mr. Stefanski: We don't encourage them to play. Mr. Falk: Then take them out. I don't like to introduce games of chance to our children. 4Mr. Stefanski: They are not games of chance. We don't give prizes. The kids just get a score. Mr. Andrew: They don't win a free game? 6995 Mr. Stefanski: No. We could use just the video games if you would like. 4 M. Smith:I: Why are you using the back part of the building? IMr. Stefanski: Walter Samuelson of New York is the owner and he stated out of the 52,000 sq. feet available, he would lease us only the back 15,000 square feet. Cunningham's is to the right and Hit or Miss is on the other side. • Mrs. Scurto: Will Cunningham's be affected? Mr. Stefanski: We put 8 inches of insulation into the walls. No one could hear anything from the outside. , Mr. Goldstein: Mr. Samuelson has informed the other tenants of our potential use of the building. Mr. Morrow: Are pinballs in conflict with the City ordinance? Mr. Nagy: The ordinance allows 10% of the area or 10 machines whichever is lesser. William Logie: I am against it. The kids will go all over our neighborhood when 11888 Haller they congregate like that. We have enough vandalism as it is now. • Mr. Andrew: There are security people that would keep the kids quiet and in the building, and there will be security people outside also. Mr. Logie: It is still going to be a problem. The noise that we get from the li Miniature Golf place is enough. We will hear that loud noise from this place too. Mr. Zimmer: Do you permit children to leave and come back? Mr. Goldstein: There is an admission charge. They must pay again if they leave. There will be at least two security guards outside the building. There will be police inside and outside and to prevent congregation or doing something in their car that we do not allow inside. Mrs. Scurto: Will the kids use the rear entrance? Mr. Goldstein: The entrance will be in front. There will be an emergency fire exit in the back only. Mr. Zimmer: Do we have an ordinance on sound production? Mr. Nagy: In the manufacturing areas. • Mr. Feinberg: We have a general nuisance ordinance which includes loud phonographs between 11 p.m. and 7 a.m. Mr. Goldstein: We are enclosed within this building. We have only one exterior wall. We have a buffer on three sides. We will also,have partitions and insulation. 6996 170, Mrs. Friedrichs: The parking will be in the front. There will be no cars allowed in the back of the building. Mr. Stefanski: We get very few cars. There are only 10 to 12% that are in that category. Most of the kids are dropped off bytheir PP parents. The little parking will be out front. Mrs. Friedrichs: Would your outside security men make it a point to discourage quick take offs? • Mr. Stenfanski: We will have off-duty policemen and they will do everything possible to see that there are no problems. , Mrs. Friedrichs: During the summer it will be air conditioned? Mr. Stefanski: Yes. With the insulation in the walls 10 feet from the building you would not hear any noise. Mrs. Friedrichs; The miniature golf course has the music piped outside. Of course this music would not be piped outside. Mr. Stefanski: I would also like to add that our security people drive around outside in the winter and are on foot in the summer. • Joseph Sergei: I own property in the area. I own and operate the nursing home on 8992 Oporto Plymouth Road. I object to these people bringing in one of these disco joints to contaminate our neighborhood. My nursing home is one block away. The kids in the area are terrible to the old people. 4 I have a fenced area and they still harrass and bother us. They are dirty from the top to the bottom. You will encourage these kids to congregate and they will start all kinds of trouble. Mrs. Friedrichs: Perhaps what some of these kids need is an outlet that would prove to be a healthy outlet, a place to go for strenuous physical activites. Perhaps the disco would help them to use up some of their energy in a controlled situation. Mr. Sergei: You are not going to control these children. Mrs. Friedrichs: Many do not have planned activities and perhaps this might prove to be a kind of place for children to spend their money and use some. of their energy. Mr. Sergei: We have to call the police two to three times a week. What will we have to do with 500 of them? Mr. Andrew: We appreciate your comments. Mr. Zimmer: How many do you let in? Mr. Goldstein: The building will have to be inspected. The Fire Marshall will set a maximum number. We think we might be able to fit 700 kids in. We have a 100% turnout in Riverview. The kids line up to get in. /Mr. Zimmer: What do you do when someone has alcohol on them? Mr. Goldstein: We confiscate it. 6997 ILMr. Stefanski: We physically search kids. If they do not want to do that we ask them to leave. At the beginning we found empty bottles in the bath- rooms so we initiated body search. Mr. Goldstein: If anyone is intoxicated we do not let them in.t Mr. Stefanski: Before some kids come in they will drink and will be as sober as a judge. As soon as they start dancing we notice it, we call their parents. If the parents refuse to come, we call the police. We take • their name and address and memorize their faces. They are barred for 30 days. If they are caught the second time, they are barred forever. Mr. Goldstein: The kids are pretty good. They don't want to see anything happen , to their disco. The pressure the kids put on the troublemakers seems to do the job. Mrs. Scurto: What about Sunday? - Mr. Stefanski: We have fund raisers and other events that public agencies would like. Mrs. Scurto: You are opened on Friday and Saturday. Mr. Stefanski: Yes, and we hope Thursday evenings in the summer. Mr. Goldstein: Red Cross, March of Dimes, etc. will have a fund raiser on Sunday occassionally. Florence Liddle: What about the traffic problem? With the race track traffic, shopping 12000 Haller center traffic and the miniature golf traffic this will only create more problems. Mr. Andrew: Wh have asked for a report from the Traffic Department. They did not respoind as yet. Francis Colwell: With the Cunningham's next door these kids could buy liquor. 11779 Haller Bonnie Garrison: The Youth Commission approves of the disco provided they have good 20135 Rensellor supervision. Listening to these gentlemen I thinly it will have good supervision. This is a good start and will give the kids some- thing to do. Mr. Andrew: Could we have a resolution from the Youth Commission to that effect? Ms. Garrison: Yes. As far as the alcohol being a problem, they kind of curtail themselves. Cunningham's will be checking on I.D. • Mrs. Friedrichs: What is the approximate number of people that attend the dances at Ford Field? Ms. Garrison: About 300 to 500 junior high kids. About 700-800 kids attend a rock 100 concert. Mrs. Friedrichs: Do you have any major problems? Ms. Garrison: No. Luk 6998 `; Mrs. Friedrichs: As far as the traffic goes, when the Great Scott was operating there 4 was quite a bit of traffic from shoppers. This disco would of course 1[0 have a little more concentrated traffic. I would like to offer an , approving resolution but exempting the approval of the sign with the request that they come back at a later time for sign plan approval. Mrs. Scurto: I will second an approving motion. Mr. Goldstein: As .far as the sign we need approval from the owner of the building. Mr. Zimmer: Because we have not heard from the City of Riverview and other people I would like to offer a tabling motion. , On a motion duly made by Mr. Zimmer,and seconded by Mr. Morrow, it was RESOLVED that, pursuant to a Public Hearing having been held on May 1, 1979 on Petition 79-4-2-9 as submitted by Disco Daddy, Ltd. requesting waiver use approval to operate a disco without alcohol, for teens within an existing building located on the north side of Plymouth Road between Middlebelt Road and Haller in the Southwest 1/4 of Section 25, the City Planning Commission does hereby determine to table Petition 79-4-2-9. A roll call vote on the foregoing resolution resulted in the following: AYES: Zimmer, Morrow, Andrew NAYS: Kluver, Friedrichs, Smith, Scurto, Falk ABSTAIN: Wisler. 4 Ii0 ABSENT: None Mr. Andrew, Chairman, declared the resolution is not adopted because of lack of support. Mrs. Scurto: I am not interested in Riverview's opinion because we are dealing with a different community and different rules and regulations. It would • not be pertinent to Livonia. Mr. Zimmer: I am interested in a report from the Traffic Commission. I am also concerned about the noise. We associate kids with loud music. I think we should have a condition about the noise level, some clearly understood engineering statement about decibels around the perimeter of the building 10 feet from the building below 85 or something like that. I think that something should be added about sound proofing. Mr. Morrow: I am not against the petition. I feel we need some input from other sources before I cast my vote in favor of this. Mrs. Friedrichs: ' I am willing to go along with a tabling motion if the majority of the Commission sees fit. If it is a real concern to;make the parking lot better controlled, I will go along with that. Mr. Andrew: Are you willing to rescind your motion to approve. Mrs. Friedrichs: Yes, in view of the question of Mr. Zimmer and Mr. Morrow regarding tithe traffic problem. We urge the Traffic Department and Fire Dept. to give us a report as soon as possible. We could hear this again at the first meeting after such reports are received. Mrs. Scurto: That is fine with me. Mr. Smith: I am concerned with the noise level on the inside of the building. 6999 On a motion duly made by Mr. Zimmer, seconded by Mr. Morrow, it was Ele4 #5-56-79 RESOLVED that, pursuant to a Public Hearing having been held on May 1, 1979 on Petition 79-4-2-9 as submitted by Disco Daddy, Ltd. requesting waiver use approval to operate a disco without alcohol, for teens within an existing building located on the north side of Plymouth Road between Middlebelt Road and Haller in the Southwest 1/4 of Section 25, the City Planning Commission does hereby determine to table Petition 79-4-2-9. A roll call vote on. the foregoing resolution resulted in the following: • AYES: Friedrichs, Smith, Zimmer, Scurtp, Falk, Morrow, Andrew NAYS: Kluver ABSTAIN: Wisler , ABSENT: None Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Andrew: We hopeto have you attend a study session next Tuesday evening. The interested parties are also welcomed. Mr. Falk announced the next item on the agenda is Petition 79-4-2-10 by Michael L. Priest requesting waiver use approval to fill in a portion of the Tarabusi Creek located on the west side of Merriman Road between Six'and Seven Mile Roads in the Northeast 1/4 of Section 10. Mr. Nagy: We have a letter dated April 6, 1979 from Gary Clark, Division of Engineering. 11, ;Michael Priest: From the time of the last meeting between then and now we have made a revised propsal to Mr. Clark in an effort to come up with some compensating excavating. Mr. Clark has not had time to review it. We would like to do some excavating and shaping of the flood plain. We have planned a gradual sweep. It would improve the hydraulics in the area. We plan to clear out the dead trees. We have a foot and a half of water standing in the rear of three lots. Dave Leslie: The water came up to the cul-de-sac this year.; I just wonder if I 31103 Hillbrook will get anymore? Mr. Andrew: We will take no action until we find out if this would create any more problems for anyone. On a motion duly made by Mrs. Wisler and seconded by Mrs. Friedrichs, it was #5-57-79 RESOLVED that, pursuant to a Public Hearing having been held on May 1, 1979 on Petition 79-4-2-10 as submitted by Michael L. Priest requesting waiver use approval to fill in a portion of the Tarabusi Creek located 'on the west side of Merriman Road between Six and Seven Mile Roads in the Northeast 1/4 of Section 10, the City Planning Commission does hereby recommend that the petition be tabled until May 8, 1979 providing a letter from the Engineering Dept. is received. A, roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Smith, Kluver, Scurto, Falk, Morrow, Andrew NAYS: Zimmer ABSTAIN: None ABSENT: None 7000 2 ' Mr. Andrew; Chairman declared the motion is carried and the foregoing resolution adopted. i On a motion duly made by Mr. Falk and Seconded by Mr. Zimmer, and unanimously adopted, i it was #5-59-79 RESOLVED that, pursuant to a Public Hearing having been held on May 1, 1979 on Petition 79-4-6-1 as submitted by the City Planning Commission to amend Section 18.50 of Ordinance #543, the Zoning Ordinance of the City of Livonia, by revising the regulations controlling the erection of signs within the City, the City Planning Commission does hereby recommend to the City Council that Petition 79-4-6-1 be approved for the following reasons: (1) This proposed amendment is an essential tool that will allow more flexibility in the placement and nature of signs while at the same time preserving and protecting the City's interest. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 4/12/79, and 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. Mr. Andrew, Chairman declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Smith, seconded by Mr. Falk, and unanimously adopted, it was 11 #5-59-79 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia, having duly held a Public Hearing on May 1, 1979 for the purpose of amending Part I of the Master Plan of the city of Livonia, the Master Thoroughfare Plan, LI 19241 PA 100, the same is hereby amended by changing the designation of Levan Road right-of-way located between Plymouth and Schoolcraft Roads in Section 29, from 120' to 86' , and by deleting the designation of a grade separation where Levan Road crosses the C & 0 Railway right-of0way in Section 29, for the following reasons: (1) The construction of a grade separation at this location is impractical and not needed. (2) Levan Road functions as a collector street serving existing or proposed adjacent industrial uses. (3) Adequate major thoroughfares exist to the east and west. (4) The Engineering Division recommends that Levan Road remain at its current width and that no grade separation be considered. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of the Master Thoroughfare Plan of the City of Livonia which is incorporated herein IL by reference, the same having been adopted by resolution of the City Planning Commission with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. 7001 10Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution is 4 adopted. i On a motion duly made by Mrs. Scurto and seconded by Mr. Zimmer, it was #5-60-79 RESOLVED that, pursuant to a Public Hearing having been held on July 18, 1978 on Petition 78-6-7-4 as submitted by the City Planning Commission to amend Patt V of the Master Plan of the City of Livonia, the Master School and Park Plan, Li 20378, PA 426, the same is hereby amended so as to delete property located south of Margareta Drive between Newburgh Road and the I-275 Freeway in the Northeast 1/4 of Section 7; subject property being legally described as follows: The South 350 feet of the East 1,000 feet of the following described parcel: Land situated in the City of Livonia, Wayne County, Michigan, beginning at a point in the North-South 1/4 line of Section 7, measured South 0° 03' 00" West, a distance of 1,346 feet from the North 1/4 corner of Section 7, T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, said point of beginning also being the Southwest corner of Melody Manor Subdivision, as recorded in Liber 72 on page 43 of Wayne County Records; thence North 89° 53' 30" East along the South line of said Melody Manor Subdivision a distance of 1169.45 feet; thence South 0° 06' 30" East a distance of 150 feet; thence North 89° 53' 30" East, a distance of 149.65 feet to a point in the East line of West one-half of Northeast 1/4 of said Section 7; thence South 0° 01' 30" West along the East line of West 1/2 of Northeast 1/4 of said Section 7, a distance of 450 feet, thence South 89° 53' 30" West along a line which is 660 feet North of and parallel to East and West 1/4, a distance of 1319.71 feet to a point in the North/South 1/4 line of said Section 7; thence North 0° 03' 00" East along the north/south 1/4 of ' said Section 7 a distance of 600 feet to the point of beginning. for the following reasons: (1) The proposed park site of the acreage and configuration proposed is no longer needed for park and recreation purposes. (2) The Parks and Recreation Commission, in a letter dated 3/28/79, states that they have no plans to purchase the proposed park site at the present time. (3) The needed open space for the area is being provided in a more usable relationship in connection with a development proposal now pending before the City of Livonia. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of the Master School and Park Plan of the City of Livonia which is incorporated herein be referenced, the same having been adopted by resolution of the City Planning Commission with all amendments theretc and further, that this amendment shall be filed with the City Council, the City Clerk and the City Planning Commission and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. for the following reasons: (l) The proposed park site of the acreage and configurationproposed is no longer needed for park and recreation purposes. , 7001a 1 1 (2) The Parks and Recreation Commission, in a letter dated 3/28/79 states that they have no plans to purchase the proposed park site at the present time. (3) The needed open space for the area is being provided in a more usable relationship in connection with a development proposal now pending before the City of Livonia. 7002 ILA roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Smith, Zimmer, Scurto, Morrow, Wisler NAYS: Falk, Andrew ABSTAIN: None ABSENT: None Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. • On a motion duly made by Mr. Zimmer, seconded by Mrs. Scurto, and adopted, it was #5-61-79 RESOLVED that, the minutes of the 370th Regular Meeting and Public Hearings , held by the City Planning Commission on April 10, 1979, be approved. AYES: Kluver, Smith, Zimmer, Scurto, Falk, Wisler, Andrew NAYS: None ABSTAIN: Friedrichs, Morrow ABSENT: None Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow, seconded by Mr. Zimmer, and adopted, it was #5-62-79 RESOLVED that, the minutes of the 328th Special Meeting held by the City Planning Commission on April 24, 1979, be approved. ILI AYES: Kluver, Smith, Zimmer, Falk, Morrow, Wisler, Andrew NAYS: None ABSENT: Friedrichs, Scurto ABSENT: None Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 371st Regular Meeting and Public Hearings held by the City Planning Commission on May 1, 1979 were adjourned at 10:35 p.m. CITY PLANNING COMMISSION / G L. _i i A ��/ d4 / •se J. E,, k cretary ATTEST: l // Daniel R. A drew, Chairman �/