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HomeMy WebLinkAboutPLANNING MINUTES 1979-06-05 7013 MINUTES OF THE 373rd REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tueday, June 5, 1979, the City Planning Commission of the City of Livonia, held its 373rd Regular Meeting and Public Hearings in the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Public Hearing and Regular Meeting to order at 8:05 p.m. with approximately 50 interested persons in the audience. MEMBERS PRESENT: Jerome Zimmer R. Lee Morrow Daniel R. Andrew C. Russell Smith Suzanne Wisler Judith Scurto Joseph Falk Esther Friedrichs MEMBERS ABSENT: Herman Kluver Messrs. John 7. 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. Otherwise the petition is terminated. Mr. Falk, Secretary, announced the first item on the agenda is Petition 78-12-1-42 by Michael and William Schwartz to rezone property located south of Eight Mile Road, east of Purlingbrook in the North 1/2 of Section 2, from R-1 to R-7. On a motion duly made by Mrs. Scurto, seconded by Mr. Zimmer, and unanimously adopted, it was #6-20-79 RESOLVED that, pursuant to a Public Hearing having been held on February 6, 1979 on Petition 78-12-1-42, and pursuant to a request by Michael and William Schwartz dated May 16, 1979, the City Planning Commission does hereby approve the withdrawal of Petition 78-12-1-42 as submitted by Michael and William Schwart requesting to rezone property located south of Eight Mile Road, east of Purlingbrook in the Northeast 1/4 of Section 2, from R-1 to R-7. Mr. Andrew, Chairman declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 79-5-1-12 by Michael & ' William Schwartz to rezone property located on the eastside of Purlingbrook south of Eight Mile Road in the Northeast 1/4 of Section 2, from R-1 to R-7. Mr. Shane: We have a letter from Gary D. Clark, Assistant City Engineer, indicating the legal description is concurred in with indicated corrections. He states there are no storm sewers and no road dedication as yet. Mr. Andrew: What is the right-of-way? Mr. Shane: Now it is 33 feet but ultimately it will be 43 feet. 7014 • Mr. Andrew: Because it is a half mile road. Yes. d Mr. Shane: Mr. Andrew: Is petitioner present? William Schwartz, 6876 Middlebelt, Garden City was present. Mr. Schwartz: I am the petitioner. I think this piece of land is situated to act as a buffer between the industrial and residential on the street. Oporto will never be put through. It is not very feasible to have homes on lots that are 600 feet in depth. This piece is very close to Eight Mile Road. I will be putting in 56 units. They will be well designed and will have 850 square feet in the one bedroom and 1,150 square feet in the two bedroom. It would be a major asset to the street rather than the existing situation. Right now it is a dump spot for the whole area. This complex will enhance the neighborhood and the community. • Mr. Zimmer: Do you currently own the property? Mr. Schwartz: Yes. Mr. Zimmer: How long have you owned the property? Mr. Schwartz: Oneyear. Mr. Zimmer: Was it always your intent to do that kind of a project with that property? Mr. Schwartz: I thought of having the two 150' x 600' lots split. I thought of four homesites with 75' x 600' lots. The lots would not be very wide and much too deep. The more I thought about it I didn't think it would be a very attractive package. Mrs. Scurto: How many R-1 lots could be made out of that? Mr. Shane: Four lots to the acre. There could be 16 lots made there. Mrs. Scurto: Sixteen homes that would be three bedrooms with approximately four people to the home. Mr. Shane: Slightly less than 4 people to the home. Mr. Schwartz: I don't see how you could get 16 lots there. Mr. Shane: By bringing a road in from Purlingbrook. There would be north and south facing lots on each side coming close to achieving those 16 lots. Mrs. Scurto: How many units are you proposing? It: Mr. Schwartz: Forty one-bedroom and 16 two bedroom. Mr. Zimmer: Is it required that the road be fully dedicated? Mr. Andrew: This is rezoning. We can't do that now. Mr. Schwartz; That would be no problem. We would dedicate the right-of-way. 7015 Mr. Zimmer: What about a drainage problem? 4 li, Mrs. Schwartz: I have been aware of it. I am sure that I can work something out with Gary Clark as far as the storm sewers are concerned. Mr. Zimmer: Is it possible to find Livonia Drain 16 in some manner or develop his own system? • Mr. Shane: I believe it is the intent of Engineering to have the petitioner to use the present drain and extend that drain in some fashion and provide drainage in that way. Mr. Falk: In 1972, R-6 zoning was turned down by this Commission and the City Council. In 1975 the future land plan reflected low density zoning. Is there anything different that you are proposing that would generate any different feeling of the neighborhood? Mr. Schwartz; I think an attractive complex would be a valuable addition to the street. In back of industrial property, that is not an attractive homesite. I was not aware the Planning Commission turned down R-6 zoning. Mr. Sinacola showed me a plan he had for a east-west road but he never told me anything .was turned down. Mr. Falk: I am surprised someone in the staff had not told you or the owner did not tell you. Unless the people have changed their mind I think it is a aham to have a Future Land Use plan and not uphold it unless there is something new that convinces us. Mr. Schwartz: A complex on the center of the property away from the industry and heavily bermed and landscaped at the industrial side would be a much better package than homesites near the industry. Mr. Smith: Are you going to rent these to young families? Senior citizens? Mr. Schwartz: Open for everybody. Mr. Smith: With the rising cost of homes acquiring a home is difficult. A reason for changing the Land Use Plan to multiple might be to keep people from fleeing the community by giving them someplace to live if they lack a substantial down payment to live in a home in our community. I would favor this petition. Judy Priami: I live directly across the street. What type of building would 20403 Purlingbrook it be and what price range? What changes would there be on the Livonia, MI street: Would it be paved or widened? Mr. Andrew: First a piece of property must be rezoned to the R-7. Once that step is accomplished, 6 to 9 months later the petition must come back before the Planning Commission and City Council for site plan review as to the mix of one or two bedroom units, exterior elevation, ingress and egress, signs, landscaping. We cannot condition zoning. IL Mrs. Priami: I understand. At one time when Phillips owned the property someone did want to build a home on there but Phillips' did not wish to sell it then. 7016 Mr. Andrew: Mr. Sinacola owned this property for quite awhile. IL Mrs. Friedrichs: Isn't it possible to give some indication as to the density possible as to the size of this parcel? Mr. Andrew: Fourteen units per acre. Petitioner could put about 56 units on this parcel. Mr. Zimmer: Petitioner no doubt has something in mind. It might be just fooling you. As definite as it may seem to be now, the plans could change in future. Ownership could change. Mr. Morrow: Mrs. Priami, what are your feelings about R-7? Mrs. Priami: We are afraid of what will happen to the street. It has been a nice street to live on. There are some rather nice homes here and a few new ones have been built farther down the street in the past few years. Mrs. Scurto: What are your own personal feelings or point of view about a multiple complex or 16 rather small homes? • Mrs. Priami: I'd rather see just a couple of homes. Mrs. Wisler: As far as the road improvement with access so close to Eight Mile Road it would not be necessary to run into the neighborhood. t . Mrs. Scurto: The building between the property in question and the industrial portion is that a house that is occupied? Mrs. Priami: That is a house that is occupied. It was just bought about a year ago. It is no longer a rental. Mr.. Schwartz: Corvo Iron Works is right back of the parcel and it is quite noisy. There is a lot of spot welding done. A bermed area and a thick landscaping treatment in that area would help considerably. Mrs. Wisler: I did not notice the noise but I was there after regular working hours. With a complex of this type you have a little more latitude on the placement of the buildings. You could move the development toward the middle and the landscping would cover up the industry. I certainly would think this more desirable than single family homes with small lots, than a large wall staring at them unless there were a lot of large trees. Mr. Andrew: The rear yard requirement in the industrial is 20 feet. Is there anyone • else wishing to speak on this petition? There was no one else present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 79-5-1-12 closed. On a motion duly made by Mrs. Scurto, seconded by Mrs. Friedrichs, it was #6-71-79 RESOLVED that, pursuant to a Public Hearing having been held on June 5, , 1979 on Petition 79-5-1-12 as submitted by Michael & William Schwartz requesting to rezone property located on the east side of Purlingbrook 7017 south of Eight Mile Road, in the North 1/2 of Section 2, from R-1 to R-7 the City Planning Commission does hereby recommend to the City Council that Petition 79-5-1-12 be approved for the following reasons: (1) The Proposed change of zoning which would permit multi-family housing would provide for a good buffer and transitional use for the subject area which would act as a separator to protect the adjoining single family residential neighborhood from the adverse affects emanating from the industrial district located to the north of the subject area. (2) The proposed zoning would be beneficial to the area as it would permit new residential housing in this area which new housing would have a positive effect on the neighborhood in that the development would be well-designed, architecturally attractive and comply with all of the requirements as set forth in the Zoning Ordinance. (3) The proposed site has the capacity to accommodate the proposed use and it has good relationship to the collector road of Purlingbrook and is a short distance removed from. the major thoroughfare of Eight Mile Road so as to minimize any adverse affects the proposed increase in density may have by way'of increased traffic flow. (4) The proposed change of zoning is on an area of such limited size as to have little, if any, impact upon the surrounding area and therefore would not diminsh the character, quality or harmony of neighboring area. (5) The proposed zoning change is consistent with the Planning Commission's goals and policies for this land use as the proposed multi-family development is of limited size in terms of units proposed and parcel size. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 5/17/79 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: Friedrichs, Smith, Scurto, Morrow, Wisler, Andrew NAYS: Zimmer, Falk ABSENT: Kluver Mr. Andrew: We will notify Mrs. Priami when the site plan comes up. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 79-4-2-11 by A. E. McCardell requesting waiver use approval to construct an addition to, and remodel the existing restaurant located on the north side of Seven Mile Road between Middlebelt and Parkville in the Southwest 1/4 of Section 1. 7018 Mr. Nagy: We have a letter dated May 29, 1979 from the Traffic Department, Division of Police, by Lt; Widmaier. We have a letter dated May 29, 1979 from the Department of Public Safety, Division of Fire, by Ted Kovarik. We have a letter dated April 19, 1979 from Department of Public Works, Division of Engineering from Gary Clark, Assistant City Engineer. No deficiencies were detailed by the reporting City Departments. A. E. McCardell: I am the engineer for Arthur Treachers. What we intend to 46871 Grand River accomplish is to give this location the image we are presently Novi, MI using in the metro area. Mr. Zimmer: Does that mean the enlargement? McCardell: Yes, as well as overall exterior remodeling. Mr. Zimmer: What is the size of the addition? Mr. McCardell: Presently we have 1,400 square feet and we are proposing 2,800 square feet. We are also adding toilets for the handicapped. With this addition, we will have'a dining. area. We presently do not have a substantial eating area. Gus Chakeres: The seating will increase to 52 effective seats. Presently Pres. of we have 30 and we plan to air condition the new establishment. Arthur Treachers The lot is quite large and will adequately accommodate this new establishment. It presently is a disgrace to the community and we are anxious to upgrade the present building. Mrs. Wisler: I notice on the site plan some ofthe parking bays are not up to present standard. The parking along the east side did not square out to 10 feet. Mr.McCardell: We realigned those. Mrs. Wisler: The one I am looking at is not a correct one. Mr. McCardell: No. I have a corrected one here. Mr. Andrew: That is the only change? Mr. McCardell: Yes. Mr.Morrow: What about the screening around the refuse container? Mr. McCardell: The building screens it on one side and the north side will be screened. Mr. Morrow: I think that the open side should be screened. Mr. McCardell: We would put gates there. Ilie Mr. Andrew: Is there anyone present wishing to be heard on this matter? There was no one wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 79-4-2-11 closed. Mrs. Friedrichs: I would move for an approving -resolution conditioned on receipt of a proper landscaping plan. 7019 • Mr. Falk: I second the motion. I[ Mr. Nagy: We feel that the building elevation plan does not properly reflect his site plan. It does not properly fit this site. There are dis- crepancies. Mrs. Friedrichs: Then I withdraw my motion and would offer a tabling resolution. Mr. Falk: I agree. On a motion duly made by Mrs. Friedrichs, seconded by Mr. Falk, and unanimously adopted, it was #6-72-79 RESOLVED that, pursuant to a Public Hearing having been held on June 5, 1979 on Petition 79-4-2-11 as submitted by A. E. McCardell requesting waiver use approval to construct an addition to, and remodel, the existing restaurant located on the north side of Seven Mile Road between Middlebelt and Parkville in the Southwest 1/4 of Section 1, the City Planning Commission does hereby determine to table Petition 79-4-2-11 until June 12, 1979 study meeting. Mr. Andrew, Chairman, declared the motion is carried.and the foregoing resolution adopted. Mr. Falk. announced the next item on the agenda is Petition 79-4-2-12 by Jacob Velfling requesting waiver use approval for an S.D.D. Liquor License to be used in an existing party store located on the northwest corner of 1111:9 Seven Mile and Merriman Roads in' the Southeast 1/4 of Section 3. Mr. Nagy: We have a letter from the Division of Police, Dept. of Public Safety by Lt. Widmaier. We have a letter from Division of Fire, Dept. of Public Safety by Ted Kovarik. We have a letter dated May 1, 1979 from Gary Clark, Assistant City Engineer, Division of Engineering indicating there are no engineering problems involved here. • Mr. Andrew: Is there presently beer and wine being sold? Mr. Nagy: Yes. Mr. Andrew: I assume that the addition of the S.D.D. license is for additional revenue. Any loitering problems. Lou Velfling: Yes, with respect to your question as to the purpose for the request Detroit, MI regarding loitering we have been keeping the loitering under control both ourselves and with the help of the police. Mrs. Scurto: How long have you been at this location? Mrs. Vlfling: Three years last December. Mr. Zimmer: Will your hours of operating change? Mrs. Velfling: The closing during the week will be 11:oo p.m. rather than 12 p.m. On Friday and Saturday we are presently open to 1:30 a.m. IL Mr. Andrew: You will have a reduction in hours then? 7020 • Mrs. Velfling: Yes. o 10 Mr. Andrew: Any comments from the audience? Fred Holcomb: I moved in last December. So far this year I have probably picked 31540 Seven Mi up '200 pounds of bottles and cans. I live in the house beyond Livonia, MI the wall. The gathering of people is not under control. Mr. Dinan, owner of the center, is •aware of the problem and admits it is one heck of a problem. Last Saturday night the radios from the cars were on full blast until past midnight. We couldn't sleep. Mr. Andrew: Does the noise and loitering problem come from this store along? What about the ice cream store? Do they generate kids? Mr. Holcomb: No, not with the price of ice cream there. Mr. Morrow: This seems to be a place for people of the neighborhood to gather. Do you feel this S.D.D. license would add or detract from your dilemma? Mr. Holcomb: It would increase the traffic. The amount of people consuming the beverages would increase. These kids sit on the wall with their bottles and cans: They have sprayed the wall with paint. They have set fire to the barn next door to me. Mrs. Scurto: Would the reduction of hours of operation be a benefit to you? Mr. Holcomb: I don't know how it would benefit that much. In the summertime the kids gather after hours. Usually during the hours they are open if a they can buy enough to last beyond closing they will stick around. Mr. Zimmer: Do you still sell pizza by the piece, etc.? Mrs. Velfling: We sell pizza by the piece, pizza carry-out and we also have subs. Mr. Zimmer: Since the bottles and cans are returnable and since the legal drinking age has become effective, is there any let up in the problem. Mr. Holcomb: I still have bottles and cans. I have papers, bags and various wrappers tossed over. Mr. Zimmer: How high is this wall? Mrs. Velfling: It is 6 feet high. Mr. Holcomb's son has brought bottles back to us only twice. Unless they take them elsewhere that is all they have returned. The kids do play frisbee in the back of the parking lot. I feel I should not have to chase them out if they are in the back. I leave at closing and there is no one in the parking lot. Mr. Smith: I can sympathize with your problem. I think the reduction in hours will help. The issue here does not relate to the S.D.D. license. Mr. Holcomb: The issuance of the S.D.D. license will be adding to the problem. Mr, Falk: Do you feel if you talked to the owner of the Village Mall, Mr. Dinan, he might chanin the entranceways at the closing. That would keep the kids out. Mrs. Velfling: The police are there once or twice a night. • 7021 • Mr. Falk: That does not stop them. Mr. Velfling: The older set will be buying hard liquor, not the kids. 4 Mr. Andrew: Any further comments? There was no one else wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 79-4-1-12 closed. On a motion duly made by Mr. Morrow, seconded by Mr. Smith, it was #6-73-79 RESOLVED that, pursuant to a Public Hearing having been held on June 5, 1979 on Petition 79-4-1-12 as submitted by Jacob Velfling requesting waiver use approval for an S.D.D. Liquor License to be used in an existing party store located on the Northwest corner of Seven Mile and Merriman Roads in the Southeast 1/4 of Section 3, the City Planning Commission does hereby recommend to the City Council that Petition 79-4-1-12 be approved for the following reasons: (1) The proposed use complies with Section 10.03(g) , Waiver Use Standards of the Zoning Ordinance. (2) The site, has the capacity to support the added use. (3) The proposed use will compliment the existing SDM operation currently establihsed within subject business. liFURTHER RESOLVED that, notice of the above Public Hearing was sent to ILOproperty 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: Friedrichs, Smith, Zimmer, Falk, Morrow, Wisler, Andrew NAYS: Scurto • • ABSENT: Kluver Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted: Mr. Falk announced the next item on the agenda is Petition 79-5-2-14 by James Blain Associates requesting waiver use approval to construct a building for general office uses on the northeast corner of Levan and Schoolcraft Service Drive in the Southeast 1/4 of Section 20. Mr. Nagy: We have a letter to Engineering from Robert Moore, 36038 Scone, dated May 14, 1979. Mr. Blain: We appeared before the Zoning Board for waiver of the wall on the northerly side. One person insisted he wanted a wall and they turned down our request to eliminate the wall. I will put the wall up now. This building is identical to the building we constructed on the corner. Mr. Andrew: What material will be used on the wall? triMr. Blain: Simulated brick concrete. Mrs. Scurto: I received two calls tonight regarding the wall. One person did not wish the wall and the other did. • 7022 • Mr. Andrew: Is the building to be leased? Mr. Blain: Petitioner is part owner of the building and will lease it out. Mr. Zimmer: The buildings do not look identical to me. Mr. Blain: They are except that the present building only needs to be expanded at the rear to match the proposed one. Mr. Falk: What does this do to the parking? Mr. Nagy: There is a surplus even when this building is completed. Mr. Zimmer: What about the driveways and the Wall on the east side? Mr. Blain: We will have a wall on both the north and east side. Mr. Andrew: Any further comments? There was no one else wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 79-5-2-14 closed. On a motion duly made by Mrs. Friedrichs, seconded by Mr. Smith, and unanimously adopted, it was #6-74-79 'RESOLVED that, pursuant to a Public Hearing having been held on June 5, 1979 on Petition 79-5-2-14 as submitted by James Blain Associates for the Pfeister Company, requesting waiver use approval to construct a building for general office uses on the northeast corner of Levan and Schoolcraft Service Drive in the Southeast 1/4 of Section 20, the City Planning Commission does hereby recommend to the City Council that Petition 79-5-2-14 be approved subject to the following conditions: (I) that Site and Landscape Plan dated 5/3/79, prepared by James Blain Associates, Architect, which is hereby approved shall be adhered to and that all landscape materials shown thereon shall be installed on the site prior to issuance of a Certificate of Occupany and thereafter permanently maintained in a healthy condition: (2) that the Building Elevations dated 5/3/79, prepared by James Blain Associates, Architects, which are hereby approved shall be adhered to; and (3) that a protective wall, as required by the Zoning Ordinance will be erected prior to the issuance of a Certificate of Occupancy. for the following reasons: (1) The proposed use complies with all of the requirements of the P.S. Zoning District regulations and the specific waiver iise requirements of Section 9.03 regarding general office use. 7023 • (2) The site has the capacity to support the use. (3) The proposed use will not adversely affect the surrounding uses of the area. FURTHER RESOLVED that, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner. and City Departments as listed in the Proof of Service. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk, Secretary announced the next item on the agenda is Petition 79-5-3-4 by the City Planning Commission pursuant to City Council Resolution #241-79 requesting to vacate a 10 foot wide public walkway lying between lots 144 and 145 of Algonquin Park Subdivision, such easement running east and west from Melvin Avenue located on the west side of Melvin, north of Lyndon and east of Henry Ruff Road in the Northeast 1/4 of Section 23. Mr. Nagy: We have a letter dated May 7, 1979 from Gary Clark, Assistant City Engineer Division of Engineering and we.have a letter dated June 5, 1979 from • Ronald Reinke, Department of Parks and Recreation. Mr. Andrew: The erection of a fence and the removal of the sidewalk will be paid for by the City. Mr. Rienke: Both will be paid by the City. lie Mrs. Scurto: Should that school site no longer be in use these people in the subdivision will have to go east to go to the park unless the subject easement will be reopened at that point. Mr. Andrew: What type of fence will be installed? Mr.. Reinke: 6 foot cyclone. Mr. Zimmer: Was this recommendation brought to you by the homeowners? Mr. Reinke.: Yes, about three years ago,one of the homeowners is present. When the police would arrive on Henry Ruff, the kids would go out through the adjacent property owner's lot and the easement. The owners of Lot 145, Mr. Russell, has had his garage spray painted, his shrubs set on fire. There are mini bikes continuously driving and speeding through, We recommended fencing the north and south sides. Mr. Zimmer: What is the feeling of the rest of the subdivision? I certainly think it odd to cut them off from the park. Mr. Reinke: We have not had any negative comment on this. • Mr. Nagy: The adjacent property owners were notified as well as the civic association. Mr. Zimmer: The guy across the street was not notified then. Mr. Nagy: No, just through the civic association. Mrs. Wisler: Are the newer easements fenced? Mr. Reinke: The newer ones are fenced. • 7024 Mr. Morrow:li Is this a common policy of the Parks & Recreation and City? o Mr. Rienke: No, it is not a common policy. Mr. Falk: Are we not setting a precedent? There is no sharing of costs here. Mr. Reinke: I believe a precedent was set at the easterly boundary of Rotary Park. Mrs. Wisler: That is subject to reopening if need be. Bill O'Brien: I personally would like to see another solution. People have moved 14803 Melvin out three times at one home because of the problem. The police can't handle it. I have purposely let the hedging grow. Mrs. Scurto: Why is there not a fence on the easement? Mr. Reinke: This is an old site. That is an alternative that was considered. The fence is the last solution. Donald Russell: The safety of the children going to Roosevelt School was why the 14819 Melvin easement was fenced at the other location. I have a letter dated November 29, 1.978 to the Mayor from Chief Turner highly recommending this procedure. Mr. Andrew: What is the cost of fencing? 1[04 Mr. Reinke: $4.58 per foot on this project. 670 feet twice would bring the total to approximately $3,075.00. Mr. Falk: We have not heard from the vast majority. Mr. Andrew: We have had a fair public hearing. Mr. Zimmer: The closing of this easement is too drastic a measure in terms of shutting of this park to the vast majority of people I have yet to hear from. Why not fence the two sides of the parks easement. Mr. Reinke; It was considered by the Commission, however, it was the recommendation of the Commission that the easement be closed. Mr. Andrew: Further comments? There was no one else wishing to be heard regarding this item. Mr. Andrew, Chairman declared the public hearing on Petition 79-5-3-4 closed. On a motion duly made by Mr. Morrow., seconded by Mrs. Wisler, it was RESOLVED that, pursuant to a Public Hearing having been held on June 5, 1979 on Petition 79-5-3-4 as submitted by the City Planning Commission, pursuant to City Council Resolution #241-79 requesting to vacate a 10' wide public walkway lying between lots 144 and 145 of Algonquin Park Subdivision in the Northeast 1/4 of Section 23, the City Planning Commission does hereby recommend to the City Council that Petition 79-5-3-4 be approved te for the Lollowing reason: (1) There is a second walkway to the south and would be adequate to serve as the access to school and park property. . 7025 I . FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 5/17/79 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. A roll'call vote on the foregoing motion resulted in the following: AYES: Morrow, Wisler, Andrew NAYS: Friedrichs, Smith, Zimmer, Scurto, Falk ABSENT: Kluver Mr. Andrew, Chairman, declared the foregoing resolution is not adopted because of lack of support. Mrs. Friedrichs: I would offer a tabling motion. Mr. Andrew: Is there a second for the tabling motion. There is no second for the motion. It fails. On a motion duly made by Mrs. Scurto, seconded by Mr. Zimmer, it was #6-75-79 RESOLVED that, pursuant to a Public Hearing having been held on June 5, 1979 on Petition 79-5-3-4 as submitted by the City Planning Commission, pursuant ' to City Council #241-79 requesting to vacate a 10 foot wide public walkway easement lying between lots 144 and 145 of Algonquin Park Subdivision in the Northeast 1/4 of Section 23, the City Planning Commission does hereby recommend to the City Council that Petition 79-5-3-4 be denied for the IL following reasons: (1) To totally eliminate the walkway easement would work a hardship on the larger neighboring area and deprive the neighborhood from convenient access to the parksite. • (2) To abandon the walkway easement without first enclosing the easement with suitable fencing is premature as fencing should curtail the trespassing and direct access to neighboring private property and once the walkway easement is abandoned it is lost forever. (3) Eliminating this walkway easement would place to great a burden on the walkway easement located to the south which walkway easement could be closed if the Livonia Public Schools should close the school and dispose of the property. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 5/17/79 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, ' Consumers Power Company and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: • AYES: Friedrichs, Smith, Zimmer, Scurto, Falk NAYS: Morrow, Wisler, Andrew ABSENT: Kluver Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. • • 7026 IL Mr. Falk, Secretary, announced the next- item on the agenda is Petition 79-5-6-2 by the City Planning Commission on its own motion to amend Section 12.02, Uses Permitted, of the P.L. District Regulations, and Section 4.03, Waiver Uses, of the R-1 through R-5 District Regulations, to incorporate regulations to control the use of public lands by organizations such as school, churches, etc. , for fund raising purposes. Mr. Ahdrew: Is there anyone present wishing to be heard on this matter? There was no one wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 79-5-6-2 closed. On a motion duly made by Mrs. Friedrichs, seconded by Mr. Zimmer, and unanimously adopted, it was . #6-76-79 RESOLVED that, pursuant to a Public Hearing having been held on June 5, 1979 on Petition 79-5-6-2 as submitted by the City Planning Commission on its own motion to amend Section 12.02, Uses Permitted, of the P.L. district regulations, and Section 4.03, Waiver Uses, of the R-1 through R-5 district regulations, to incorporate-regulations to control the use - of public lands by organizations such as school, churches, etc. , for fund raising' purposes, the City Planning Commission does hereby recommend to the City Council that Petition 79-5-6-2 be approved for the following reasons: (1) This amendment is needed to provide for certain fund-raising activities while, at the same time, providing the City with IL adequate and necessary control. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer under date of 5/17/79, 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, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Preliminary Plat approval for Sheffield Estates Subdivision No. 2 proposed to be located on the north- east corner of Curtis Road and Wayne Road in the Northwest 1/4 of Section 9. Mr. Nagy: We have a letter dated June 5, 1979 from the Dept. of Parks and Recreation from R. Reinke, Superintendent. We also have a letter . dated June 5, 1979 from Gary D. Clark, Assistant City Engineer. John Elkins: I would like to introduce the President of the Sheffield Estates Sub. 35294 Lancashire Civic Association. Ralph Wilco: We feel that the R-4-B zoning is not consistent with the surrounding IL35203 Banbury area. The minimum size of home in Sheffield #1 is 2,100 sq. ft. A single elevation home in R-4-B could be 1,300 sq. ft. We would request that the zoning be changed to have a requirement for larger sized houses. We are concerned with the deed restrictions. We would like the same restrictions as Sheffield #1. We would like to have underground utilities in Sheffield #2 as was the case in #1. • 7027 Some of the lots still do not have the underground utilities in #1. • We are concerned about Curtis road and the paving. We still do not have all the roads put in #1 although all the homes are completed but one. Also we are concerned with how much fill will be used in #2. We have had a great many difficulties in working with this builder. We ask that Sheffield #1 be completed before #2 is started. Mr. Andrew: As far as the deed restrictions` are concerned, that is a private matter that the City doe not enter into. That is between the developer and the purchaser. Engineering has indicated that Curtis Avenue wil be paved with asphalt and a concrete curb. It will be 24 feet in width. Mr. Nagy: Curtis is a half mile road and ultimately would be 32 feet wide. There will be no concrete curb at the present time. If and when another lane were to be added the concrete curb would be added at that time. Mr. Priest: The water will not drain into #1. It will be going in the opposite direction. • Mr. Andrew: Were you the engineer on #1? Mr. Priest: No. Mr. Priest: There is a grade difference but we do not intend to fill. There are a lot of trees that we don't want to disturb. The costs IL of the lots will be high because of the paving of Curtis. Mrs. Wisler: Is standard procedure to pave the road in the middle? Mr. Nagy: Yes. Bernard Smith: The average lot size is 10i'x 150' . The size of the lot has 35367 Lancashire an impact on the kind of house that will be built there. Mr. Andrew: The 90 foot does comply with R-4 zoning. Leslie Forsyth: I live on the southeast corner of Wayne and Curtis. I hate to 18150 Wayne Rd. see these big trees cut down. There is one tree here on Curtis where you propose paving that is at least 100 years old. Maybe you could save it by bringing the road over a little toward my property. Lawrence Witkowski: I live on lot 31. There is a large pipecoming out of the back 35207 Lancashire of lot 30 into a natural stream. Gerry Gotling: I will save as many trees as I can. 1186 Rolling Hills Drive Bloomfield Hills, MI Mr. Andrew: There are many things that must be reviewed. Are there any 3 further comments? There was no one else wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on this petition closed. 7028 ILOn a motion duly made by Mrs. Friedrichs, seconded by Mrs. Scurto, and unanimously adopted, it was #6-77-79 RESOLVED that, pursuant to a Public Hearing having been held on June 5, 1979 on Preliminary Plat approval for Sheffield Estates Subdivision No. 2 proposed 'to be located on the northeast c,,rner of Curtis Road and Wayne Road in the Northwest 1/4 of Section 9, the City Planning Commission does hereby determine to table Preliminary Plat approval until the Study Meeting to be conducted on June 12, 1979. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Preliminary Plat approval for Sherwood Forest Subdivision proposed to be located on the north side of Six Mile Road, east of Wayne Road in the Southwest 1/4 of Section 9. Mr. Nagy: We have a letter dated June 5, 1979 from Engineering by Gary D. Clark, Assistant City Engineer. We have a letter from Parks and Recreation dated June 5, 1979 by R. Reinke. Gerry Gotling: I plan to develop this in conformity with Nottingham and Sheffield No. 1. Susan Carlson: We are adjacent to Hellman Park and next to a small parcel 34810 Ernest Lane owned by Mr. Gotling. I was wondering what type of development Livonia was going in. We are not interested in acquiring the small parcel. IL Mary DeMaestri: What price range? 34940 W. Six Mi Mr. Gotling: $110,000 to $115,000. Mr. Falk: How long have you been building? ' Mr. Gotling: Since 1965. I have built in Sterling Heights, Trenton and a few homes in Livonia On Osmus and Aub'arndale. There was no one else wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on this petition closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Falk, and unanimously ad:)pred, it was. #6-78-79 RESOLVED that, pursuant to a Public Hearing having been held on June 5, 1979 on Preliminary Plat approval for Sherwood Forest Subdivision proposed to be 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 determine to table this petition until the Study Meeting to be conducted on June 12, 1979. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. IrLI' Mr. Falk announced the next item on the agenda is Revised Building Elevations submitted in connection with Petition 78-2-2-5 by Berean Baptist Church requesting waiver use approval to construct a Church on the south side of Eight Mile Road between Newburgh Road and Meadowview in the Northeast 1/4 of Section 6. 7029 Mr. Nagy: There is no new correspondence on this matter. Mrs. Scurto: How far are the trees from your proposed site? Pastor: The trees are 200 feet from the street and the proposed site will be 400 feet from the road., Mr. Andrew: The plan was prepared by Detroit Steel Company. Pastor: Yes. We will be using a face brick with this material called Armco steelox wall system. We have not decided on a color. There was no one else wishing to be heard regarding this item. Mr. Andrew, Chairman declared the public hearing Petition 78-2-2-5 closed. • On a motion duly made by Mr. Zimmer, seconded by Mr. Falk, and unanimously adopted, it was #6-79-79 RESOLVED that, pursuant to a request dated 5/21/79 from Carl S. Campbell, Pastor, Berean Baptist Church of Livonia, the City Planning Commission • does hereby recommend to the City Council that the Revised Building Elevation Plan submitted in connection with Petition 78-2-2-5 by Berean Baptist Church requesting waiver nse approval to construct a Church on property located on the south side of Eight Mile Road between Newburgh Road and Meadowview in the Northeast 1/4 of Section 6, be approved subject to the following conditions: (1) that Revised Building Elevations as shown on Site Plan #7805, Sheet No. P-1, dated 3/14/78, prepared by Robert L. Svoboda Associates, Architects, which are hereby approved shall be adhered to; and (2) that all other conditions set forth in the original approving Resolution #4-62-78, adopted 4/11/78, are valid and in full • force and effect and shall be adhered to. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto, seconded by Mr. Falk, and unanimously adopted, it was #6-80-79 RESOLVED that, the minutes of the 371st Regular Meeting and Public Hearings held by the City Planning Commission on May 1, 1979, be approved. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow, seconded by Mr. Falk, and unanimously adopted, it was #6-81-79 RESOLVED that, the Minutes of the 372nd Regular Meeting held by the City Planning Commission on May 15, 1979, be approved. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. • 7030 • ILMr. Falk announced the next item on the -agenda is Petition 79-5-8-1OP by Marathon Oil Company requesting approval of all plans required by Section 18.58 of Ordinance #543, as amended by Ordinance #1306, submitted in connection with a proposal to rebuild the self-service gasoline facility located on the north side of Seven Mile Road between Newburgh Road and Bethany Drive in Section 6. Mr. Falk: I talked to the owner of Brose and he stated a lot of debris is blowing across the street. Hopefully, this will be taken care of with the new facility. On a motion duly made by Mr. Zimmer, seconded by Mr. Falk, and unanimously adopted it was #6-82-79 RESOLVED THAT, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #1306, the City Planning Commission does hereby approve Petition 79-5-8-1OP by Marathon Oil Company requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to rebuild the self-service gasoline facility located on the north side of Seven Mile Road between Newburgh Road and Bethany Drive in Section 6, subject . to the following conditions: • (1) That Site Plan B-4171-5, dated 6/5/79, prepared by Marathon Oil Company, which is hereby approved shall be adhered to; IL (2) that canopy and building elevations as shown on Plan 4982-16A dated 5/31/79, prepared by Marathon Oil Company, which are hereby approved shall be adhered to; (3) that Landscape Plan B-4171-9, dated 6/4/79, prepared by Marathon Oil Company, which is hereby approved shall be adhered to; (4) that any signage proposed to be used on the island or building canopy shall be submitted first for Planning Commission approval; (5) that all landscape materials as shown on the approved Landscape Plan shall be installed on the site before any gasoline is dispensed from the site and thereafter maintained in a healthy condition; and (6) that there shall be available for public use at least one of the service islands compressed air for inflating tires and tubes. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 79-5-8-11 by Siegal/ Tuomaala Associates requesting approval of all plans required by Section ' 18.47 of Ordinance #543, as amended by Ordinance #990, submitted in connection with a proposal to construct a medical office park on the east side of Newburgh Road between Six Mile Road and Munger in Section 17. On a motion duly made by Mr. Morrow, seconded by Mrs. Wisler, and unanimously adopted, it was 7031 1[: . #6-83-79 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 79-5-8-11 by Siegal/Tuomaala Associates requesting approval of all plans required by Section 18.,47 submitted in connection with a proposal to construct a medical office park on the east side of Newburgh Road between Six Mile Road and Munger in Section 17, be approved subject to the following conditions: (1) that site plan 877-Z, Sheet P-1, dated 5/14/79, prepared by Siegal/Tuomaala Associates, which is hereby approved shall be adhered to; (2) that Building Elevations as shown on Plan 877-Z, Sheet P2, dated 5/14/79, prepared by Siegal/Tuomaala Associates, which are hereby approved shall be adhered to; and (3) that the Landscape Plan shown on Plan 877-Z, Sheet P-1, dated 5/14/79, which is hereby approved shall be adhered to and all landscape materials shown• on the approved plan shall be installed on the site prior to issuance of a Certificate of Occupany. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 79-5-8-13 by Manufacturers Bank of Livonia requesting approval of all plans submitted in connection with a proposal to build a one-story building on the north side of Six Mile Road between North Laurel Park Drive and the I-275 Freeway in Section 7. Mr. Andrew: The exit driveway is below the median boulevard. You moved it over one parking bay to the south. What type of a sign? What about • the landscaping? Representative: The sign will probably be internally lit. We will use maples and oaks as street trees and there are some existing trees on the property. We have a landscaping plan submitted that was prepared by Beck and Raider. The caliper of the street trees will be 2-2 1/2 feet. On a motion duly made by Mr. Morrow, seconded by Mr. Zimmer, and unanimously adopted, it was #6-84-79 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 79-5-8-13 by Manufacturers Bank of Livonia requesting approval of all plans , required by Section 18.47 submitted in connection with a proposal to build a one story building on the north side of Six Mile Road between North Laurel Park Drive and the I-275 Freeway in Section 7, be approved subject to the following conditions: (I) that Site Plan #2286-0, Sheet No. SK-la, dated 5/16/79, prepared by Louis G. Redstone Associates, Inc., which is hereby approved shall be adhered to; (2) that Building Elevation Plan #3386-0, Sheet SK-3, dated 5/16/79, prepared by Louis G. Redstone Associates, Inc. , which is hereby approved shall be adhered to; • 7032 • (3) that Sign Plan dated 5/16/79, prepared by Louis G. Redstone Associates, Inc. , which is hereby approved shall be adhered to; (4) that the Lighting Plan shown on Plan #2286-0, prepared by Louis G. Redstone Associates, Inc. , which is hereby approved shall be adhered to; and (5) that Landscape Plan and planting list of materials prepared by Beckett Roeder Tankin Inc. dated 5/29/79 which is hereby approved shall be adhered to and all landscape materials shall be installed before the issuance of a building permit and thereafter permanently maintained and kept in a healthy condition. 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 #6-85-79 RESOLVED that, pursuant to Section 8.02 of Ordinance #543, the Zoning . Ordinance of the City of Livonia, as amended by Ordinance #1243, the . City Planning Commission does hereby recommend to the City Council that extension of approval of Petition 78-5-8-9 by Shiels Associates, Arc:-itects requesting approval of all plans required by Section 8.02 ' submitted in connection with a proposal to construct a multi-family housing project on the west side of Farmington Road between Curtis and Pickford in Section 9, be approved for a period of one year subject to all of the conditions attached to the original approval on May 23, 1978. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 1[1: 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 Creeek 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 May 30, 1979 from Division of Engineering by Gary D. Clark and a letter dated June 5, 1979 from Parks and Recreation by R. Reinke. With this proposal compensating grading is being made from within the City grounds. (Rotary Park) On a motion duly made by Mr. Zimmer, seconded by Mr. Morrow, it was #6-86-79 RESOLVED that, pursuant to a Public Hearing having been held on June 5, 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 to the City Council that Petition 79-4-2-10 be approved subject to the following conditions: (1) that Revised Plan #806, approved by the Division of Engineering 5 on 5/30/79, prepared by Michael L. Priest & Associates, Inc. , which is hereby approved shall be adhered to; (2) that filling and excavating shall be strictly limited to the area as shown on the approved plan; • 7033 • (3) that all conditions as set forth in the Division of Engineering tlereport dated 5/30/79 shall be fully adhered to; for the following reasons; (1) The proposed filling and flood plain compensating grading is consistent with the Flood Plain District regulations as set forth in Zoning Ordinance #543, as amended. (2) The Engineering Division of the City of Livonia recommends approval in its report dated 5/30/79. (3) As a result of the flood plain grading, reshaping and filling, the flow characteristics of the flood plain will be improved and the residential suitability of the affected residential lots will be improved. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Zimmer, Morrow, Wisler, Falk, Andrew NAYS: Smith, Scurto ABSENT: Kluver Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 373rd Regular Meeting and Public Hearings held by the City Planning Commission on June 5, 1979 were adjourned at 11:30 p.m. CITY PLANNING COMMISSION Jo-eph J Fal l. Secre'-ry ATTEST: 450° Daniel R. Andrew, Chairman i!:'