Suit Threatened On Site Plan

Arm Arbor's Planning Commission last night was threatened with a lawsuit by the attorney of a developer seeking site plan approval to construct a service station at Liberty and Maple. The commission had earlier recommended denial of a C3 commercial zoning to permit construction of the Shell station, but the City Council overrode the commission's recommendation and approved the C3 zone. Commission concern with the site plan last night rested with the fact there are four curb cuts planned for the service station. Jacob F. Fahrner Jr., attorney for the developer noted the service station plan met ,all requirements. The initial site plan submitted apparently did not meet all requirements 'but an amended one was subsequently filed. Some commission members urged that the site plan be further changed to confirm with a curb cut ordinance which had not yet been passed into lavv. Robert G. Faber, the council's representative to the commission, moved that the matter be deferred until the first meeting in December. "I know this is dirty pool," Faber said, "but I find four curb cuts horrendous." (The council is scheduled to take action on the curb cut ordinance late next month. The lleferral presumably would place commission action on the site plan after the ordinance is adopted.) Planner Director Michael R. Prochaska commented that the various city departments have not had an opportunity to examine the new site plan, but said this could be done in a matter of a few days. "I don't know if it is proper to hold a developer to a proposed ordinance," Prochaska said. "If you defer deliberately longer than is needed to get a response (from the city departments), you leave me no alternative but to seek a Circuit Court order to show cause why a building permit should not be issued," Fahrner told the commission. Earlier, he. said if the site plan is denied "I would like a reason. We're entitled t o approval unless we're in violation." At one point, Faber questioned how many handles would be on the nine pumps planned for the station. He said this is important because it gives an indication of the volume of traffic expected. "I ask that we stop this shell game," Faber moving deferral until December. His motion carried unanimously. Much of last night's Planning Commission meeting was devoted to a public hearing concerning proposed zoning for a 45-acre parcel at Ann Arbor-Saline Rd. and Waters Kd. The proposal calis for an R4B ing of the land, a portion of which (about se ven acres) is currently zoned R1C single family. The Vernon Development Co. hopes to construct 448 multiple family units on the site along with 109 single family homes. A dozen residents of the : Lansdown Subdivisión - which abuts the Vernon Development Co. land - appeared last night to object to the zoning. Many said they had been assured when they purchased their homes that the area south of them would be for single-family ; development. They also asked the commission for an overall plan for the entire southwest área prior to acting on the 45-acres in question. Other major concerns rested with the increase in traffic flow which would travel neighhorhood streets unless major thoroughfares w e r e improved, while one man said he was concerned "about the damage transient or semi-transient groups will have on this area." Commission Chairman Mrs. Eunice L. Burns said the commission has been studying an overall plan for the south and southwest of the city and offered to meet with Lansdown residents to review these plans. Mrs. Ann Cowley of 2107 Ascot commented that the "only person I know in favor of this is the developer. If you are going to do this in a democratie way I suggest it be turned down." Also last nightr the commission recommended denial - in a split 4 to 3 vote- of the proposed rezoning of the Carlton Kempfert property at 930 Wall St. The petitioner is seeking a Cl commercial zoning for the property now zoned R5 motel. Plans cali for perservation of the old home with a gift shop on the first floor. Commissioners were generally in favor of preserving the structure but did not agree that the Cl zone was good for this section of town. It was stated that there will be a restudy of this section of town with an eye to rezoning some of the existing commercial land on Wall