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HomeMy WebLinkAboutPLANNING MINUTES 2009-02-10MINUTES OF THE 976TH REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 10, 2009, the City Planning Commission of the City of Livonia held its 9W Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Lee Morrow, Chairman, called the meeting to order at 7:00 p.m. Members present: Deborah McDermott R. Lee Morrow Lynda Scheel Carol A. Smiley Ian Wilshaw Members absent: Ashley Varloogian Mr. Scott Miller, Planner III, was also present. Also in the audience tonight, we have Gerald Joe Taylor, who has recently been appointed to the Planning Commission by Mayor Jack Kirksey. Upon his confirmation by the City Council and laking an oath, he will be joining us. Chairman Morrow informed the audience that if a petition on lonighfs agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these pefitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome oflhe proceedings tonight. ITEM#1 PETITION 2009-01-08-02 MARYWOOD NURSING Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2009-01- 08-02 submitted by Fusco, Shaffer & Pappas, Inc. requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct additions to the nursing home (Marywood Nursing Center) at 36975 Five Mile Road, located on the south side of Five Mile Road between February 10, 2009 25124 Levan Road and Newburgh Road in the Northwest''/. of Section 20. Mr. Miller: Marywood Nursing Center is located on the south side of Five Mile Road between Levan Road and Newburgh Road. It is situated on a large piece of property that is owned by the Felician Sisters of Livonia. Other facilifies located on the Felician Sisters' property include the Sl. Mary Mercy Hospital, Ladywood High School and Madonna University. Currently, Marywood is a 117 -bed facility that provides services under the category of a nursing home. Marywood is presently 54,296 square feel in overall size. The planned expansions would be in the form of three additions: 1) the construction of a new physical therapy center; 2) the creation of a chapel area and an adjacent section of administrative offices, and 3) the extension of the staff housekeeping wing. All together, the three additions would add 18,629 square feet of floor space to the facility. With the additions, the overall size of the nursing home would be expanded to a total of 79,925 square feet. Construction of the additions would allow parts of the facility's interior layout to be reconfigured. The interior modifications would also include the transformation of some of the semi -private rooms into private rooms. According to the Petitioner, the interior remodeling would decrease the facility's bed count from 117 to 103. Based on that, total parking required for this facility would be 125 spaces and the new site plan shows 155 spaces. Along with the additions and interior modifications, the area around the outside of the building would be altered. A new parking lot area would be created along the west side of the building. The existing parking lots on the east side of the building would be modified. An asphalt drive connecting the parking lot areas would wrap around and provide a circular access drive around the back of the building. All proposed landscaping would be consistent with the existing vegetation. New plant materials would be installed near the new entrances of the additions and around and within the newly created parking lots. The proposed physical therapy addition would be constructed to the western elevation of the existing facility. The new section of administration offices and a large chapel area would be constructed and continued off the northeastern elevation of Marywood. A new staff lounge and large storage room would be constructed off the facility's housekeeping wing. This wing is located on the southeastern side of Marywood. The additions would match the architecture and building materials of the existing facade adjacent to them. The same bricks, soldier coursing, window treatments and roofing materials would be used as what is currently on the building. Once completed, the facility should have the appearance that it was constructed at February 10, 2009 25125 one time. I have a disk in my computer that is a virtual reality fly over of the facility that I will show after the petitioner's presentation. Mr. Morrow: Is there any correspondence? Mr. Miller: There are four items of correspondence. The first item is from the Engineering Division, dated January 20, 2009, which reads as follows: "The Engineering Division has reviewed your request and hereby confirms that the address of the subject site is 36975 Five Mile Road. 1 trust this provides the requested information." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 27, 2009, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to approve all plans in connection with a proposal to renovate the exterior and construct additions to bre nursing home located at the above referenced address. We have no objections to this proposal." The letter is signed by Earl Fesler, Senior Fire Inspector. The third letter is from the Division of Police, dated January 20, 2009, which reads as follows: "We have reviewed the plans connection with Marywood Nursing Center, located at 36975 5 Mile. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studt, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated February 2, 2009, which reads as follows: "Pursuant to your request of January 13, 2009, the above- eferenced petition has been reviewed. The following is noted. (1) All parking spaces are required to be 10' x 20' double striped. All barrier free spaces are required to be property sized, signed and striped. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Morrow: Is the petitioner here this evening? Jim Pappas, Fusco, Shaffer & Pappas, Inc., 30800 Northwestern Highway, Suite 100, Farmington Hills, Michigan 48334. I'd like to thank Mr. Miller for his descnpfion of the project. I do have a color site plan that you can see here in a little bit more danty. Five Mile Road to the north portion of the property. The existing entrance drive at this location. The new chapel and administrative wing in this location. The new therapy center to the west and the new service area for staff. There are also a couple smaller additions inside the courtyard for expansion of the dining area and the public areas. As you can see by the site plan, we've reworked the parking to provide better circulation around the February 10, 2009 25126 entire perimeter of the building. We've added a drive around the south side of the building to connect the two parking lots for easier access for visitors as well as emergency vehicles. A new drop off at both locations and new entrance canopies will be constructed and some parking right here. I'd be happy to answer any questions. If Mr. Miller could present the 3-D fly -by, I'd be happy to describe the building. What you see here is an aerial view from above. Coming down, a view from the main entry. You can see the chapel and the new entrance canopy for the main portions of the community. The new chapel building and the new administrative offices and a view of the new entry. The intent of the design is to be very similar to the existing building utilizing similar materials, similar patterns, etc., to lie in with the existing architecture. Another view from the west side of the building where we're constructing a new therapy addition and a therapy center. The therapy center is to your right and the new entrance canopy for visitors on your left. And again, you can see that we've attempted to be in with the existing architecture and use of materials, etc. Thank you. Mr. Morrow: Thank you. For the all years I've been up here, I've never seen a presentation like that. Its a nice addition. Mr. Pappas: Thank youvery much. Mr. Morrow: Are there any questions from the Commissioners? Ms. Smiley: You're going to have two entrances. Is that primarily for people who are temporary residents, perhaps getting physical therapy? Mr. Pappas: That is correct. Currently, the building has two entrances, one for the main entrance and then at one time there was a second entrance for the home for the aged residents. So really two levels of care. We are eliminating the home for the aged beds. So we're actually reducing our bed count and providing more semi -private rooms and private rooms for the residents themselves. This particular therapy location, the beds adjacent to that will be intended for the short term stay for therapy. So we created a second entrance. It's our belief that with the therapy patients, more visitors will come on a regular basis, similar as you would in a hospital situation. So we're going to have a little bit more traffic at that location as well now. So we've designed an entrance canopy, new entrance and parking adjacenttothat. Ms. Smiley: Okay. Thank you. And then you're doing away with assisted living then? February 10, 2009 25127 Mr. Pappas: That is correct. Ms. Smiley: Okay. And then is there more of a demand for single rooms? Mr. Pappas: There is a bigger demand in the industry as a whole. There is a demand for larger rooms, more private rooms, etc. Ms. Smiley: Okay. Thank you. Mr. Morrow: Anyone else? Ms. Scheel: Do you plan on keeping the same sign that you have out by Five Mile Road that you come in off of? Mr. Pappas: The sign on Five Mile Road will remain the same. We are doing some additional landscaping, reworking the sign that is at this location. The main sign will remain. The signage at this location will provide a little bit better direction. Ms. Scheel: Okay. Thank you. Ms. McDermott: I just want to check. This is going to be a phased project, right? You will work around all of the residents. Mr. Pappas: Yes. The building will be occupied throughout the construction. So it will be phased in pieces. A project like this is also regulated through the State of Michigan Office of Fire and Safety as well as Bureau of Health Systems, so that we will work in conjunction with them to provide proper separation for security and for safely of the residents, visitors and staff. Ms. McDermott Okay. Thank you. Mr. Wilshaw: Is the chapel going to have any functions where guests would come to partake in any services or anything for any reason? Mr. Pappas: Currently, visitors do come to the existing chapel. In the center of the building, there is a combination chapel/activity room, which is significantly undersized. If you've been there during a service, you'll notice that it's packed solid. People are in wheelchairs and chairs in the corridor just trying to be part of the service. So that was a big factor in creating a space that the residents and their family members could attend services together. Mr. Wilshaw: Do you think the parking that you provided in this addition will be adequate to handle those functions when they occur? February 10, 2009 25128 Mr. Pappas: We do and that's one of the reasons we've exceeded the minimum parking requirements as well. Mr. Wilshaw: Excellent. I appreciate that, and I also appreciate the ring road around the facility. I think that's an excellent traffic safety addition. Mr. Pappas: Not only for safely and emergency vehicles, but for people that are at the wrong location. Previously you had to drive all the way around the perimeter. So I think it would be a nice addition. Mr. Wilshaw: Excellent. Now how long do you anticipate this project is going to take? Mr. Pappas: We're anticipating, from the start of construction, approximately 20 months. Mr. Wilshaw: Okay. And what sort of dollar figure is attached with this? Mr. Pappas: The construction is approximately $10 million. Mr. Wilshaw: Very good. I appreciate the Sisters investment in this property. Its very good. Thank you. Mr. Pappas: They are here with me this evening. Mr. Morrow: I have just one question relating to the roof. How will the roofs blend together? Mr. Pappas: We're utilizing the existing roof. It's a masonry building with a wood frame roof. It's our intent to continue that. We will replace the shingles on the entire building so everything will blend together as one. Mr. Morrow: I think I heard that at the study session. So it will all be new roofing? Mr. Pappas: All new, that is correct. It's in need a new roof now. In fact, the maintenance supervisor keeps pushing me to gel construction started because he wants to replace the roof. Mr. Morrow: Okay. Thank you. Are there any other questions? Ms. Smiley: Not a question but a comment. I want you to know that I had the opportunity to go to a number of nursing homes or facilities in the area. We started not at Sl. Mary's but at Providence Hospital in Southfield. A social worker there gave me a list of February 10, 2009 25129 places to go for rehab and then for residential living. Marywood is by far the most outstanding place I've ever visited. Mr. Pappas: I think the ladies as well as the administrator, who is here, is proud to hear that. Ms. Smiley: Thank you. Ms. McDermott: I want to second Mrs. Smiley's comment. I had the occasion to visit today, and over the years, I've been in several convalescent facilifies, either with a family member or with my certified pet therapy dogs over time. I have never seen such a clean, well -organized facility. I was thoroughly impressed. Mr. Pappas: I'd like to thankyou. Ms. McDermott: You're welcome. Mr. Morrow: Would you care to introduce your contingent here tonight who has joined you? Mr. Pappas: Sister Mary Renetta Rumpz, Sister Mary Cynthia Ann Machlik, Sister Mary Alfonsa van Overberghe. In the back row is Joe Loskill, Ken Weikal, and the administrator, John Mimnaugh. Mr. Morrow: Well, certainly the nuns and what they've done over there is an integral part of Livonia. We just want to recognize them for the fine work that they do in that whole facility. So, Mr. Pappas, if you'll excuse us, I'll go to the audience to see if there's anyone caring to speak for or against granting this petition. Seeing no one coming forward, Mr. Pappas you have the last word. Mr. Pappas: Just thank you very much. Mr. Morrow: A motion is in order. On a motion by Scheel, seconded by Smiley, and unanimously adopted, 9 was #02-14-2009 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Pefifion 2009-01-08-02 submitted by Fusco, Shaffer & Pappas, Inc. requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct additions to the nursing home (Marywood Nursing Center) at 36975 Five Mile Road, located on the south side of Five Mile Road between Levan Road and Newburgh Road in the Northwest''/. of Section 20, be approved subject to the following condifions: February 10, 2009 25130 1. That the Site Plan marked Sheet No. Cl dated January 9, 2009, as revised, prepared by NF Engineers, is hereby approved and shall be adhered to; 2. That the Landscape Plan marked Drawing Number L101 dated January 9, 2009, prepared by Fusco, Shaffer & Pappas, Inc., is hereby approved and shall be adhered to; 3. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 4. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 5. That the Exterior Building Elevation Plans marked Drawing Numbers A201, A202, A203 and A204, all dated January 9, 2009, prepared by Fusco, Shaffer & Pappas, Inc., are hereby approved and shall be adhered to; 6. That this site shall meet the Wayne County Storm Water Management Ordinance and shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Mchigan Department of Environmental Quality; 7. That the petitioner shall correct to the Inspection Departments satisfaction the stipulation contained in the correspondence dated February 2, 2009; 8. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 9. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. February 10, 2009 25131 ITEM #2 PETITION 2009 -01 -GB -01 HEARTLAND U -M Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 01 -GB -01 submitted by Heartland -University of Michigan requesting approval to substitute a greenbelt for the prolective wall as outlined in Section 18.45 of the Zoning Ordinance for the nursing home (Heartland Health Care Center) at 28550 Five Mile Road, located on the north side of Five Mile Road between Harrison Avenue and Middlebell Road in the Southwest % of Section 13. Mr. Miller: This OS zoned property abuts residential zoned properties along both its entire west and north property lines and part of its east property line. To the west of the Heartland Health Care Center is the Unity of Livonia Church. The church sits on properly that is split zoned. The southern half of the site, where the church building is situated, is zoned RUF, Rural Urban Farm. The northern half, where the church's parking lot is situated, is zoned R-7, Multiple Family Residential. Along Heartland's west property line is a narrow greenbelt strip. This greenbelt does not meet the 10 feel in width minimum requirement specified in the Zoning Ordinance. Along this property line, the petitioner would have the options of either erecting a wall, obtaining a temporary variance from the Zoning Board of Appeals or receiving consent from the adjacent residential property owner(s) temporarily waiving the wall. To the east of the nursing home is the Harrison Square retail plaza. This retail center is zoned G7, Local Business, and sits at the intersection of Five Mile Road and Harrison Avenue. Further north abutting along the east property line are single family residential homes. These homes are zoned RUF, Rural Urban Farm, and front on Harrison Avenue and back up to the nursing home. Separating the Heartland Health Care Center from the residential homes is an existing prolective wall. A protective wall or greenbelt is not required between the nursing home and retail center because of the business type (office and commercial) zoning of the two uses. Abutting the Heartland Health Care Center to the north is the Bayberry Park cluster housing development, which is zoned R-2, One Family Residential. It is along this property line that the petitioner is requesting approval for a greenbelt in lieu of a protective wall. The existing greenbelt along this property line is 15 feet wide and is landscaped with tall arborvitaes. Arborvitaes are conifer, evergreen trees from the cypress family of trees. That is the extent of the proposal. Mr. Morrow: Is there any correspondence? February 10, 2009 25132 Mr. Miller: There is one item of correspondence from the Inspection Department, dated January 30, 2009, which reads as follows: "Pursuant to your request of January 6, 2009, the above - referenced petition has been reviewed. The following is noted. The proposed greenbelt is required to be a minimum of 10 feet in width. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Morrow: Is the petitioner here this evening? Fred Justice, HCF Manor Care, 333 North Summit Street, Toledo, Ohio. In regards to the existing greenbelt on the north side in lieu of the wall, we submitted as -built drawings showing all the existing plantings so that the City had a record of what's there. Mr. Morrow: Are there anyqueslions for Mr. Justice? Ms. McDermott: Thank you, Mr. Chair. I was out today looking at the properly line with the arborvitaes in the north area. I notice that they dont extend all the way to the westerly edge. There is a small gap there. Mr. Justice: That was requested by the occupants of that house. They have a garden right in that corner. When we went to plant the arborvitaes, they were quite upset. One of the letters that they gave us when we asked them to sign the waiver was that they rejected the trees for that reason. Ms. McDermott Okay. Then I guess my next question would be, Mr. Miller, if a wall were erected, the wall would extend from one end of the property line to the other. Correct? Mr. Miller: Correct. Ms. McDermott So is this allowed to have a gap there? I mean I understand why the neighbors are asking for it. Mr. Miller: Its allowed. Basically, you're approving the landscape plan and R doesn't have to be continuous. It can be any kind of landscaping but it's up to the Commission to approve it. So there can be gaps in it or a different kind of plant material. Ms. McDermott Okay. I have just one other question. It's not specific to the trees or the landscaping, but while I was there, I noticed in the back there is a temporary -type storage unit and then there's a February 10, 2009 25133 gap in between there and then there's a brick -type looks like probably service -type building. Mr. Justice: Its a storage garage. Ms. McDermott: Right. Is there a possibility that maybe we could clean up some of the miscellaneous items? There's a pallet and some milk crates and some windows and rolling storage cabinets. It looks like kind of a collection of items back there. Mr. Justice: Yes. I took a ride before I came here this evening and noticed it myself. So, yes, we can get that taken care of. Ms. McDermott: Okay. Possibly its just everything doesn't fl into the storage areas, but it would just look a lot neater. Thank you. Mr. Wilshaw: Along the lines of questioning that Ms. McDermott had, I was going to ask you if were planning on supplementing any of the existing landscaping or replace any of the landscaping that maybe doesn't look as healthy as other pieces of it do. Are you going to do any work back there at all? Mr. Justice: We could probably lake a look at it in the spring. I noticed there's a couple arborvitaes that look like they need to be replaced. Yes. Mr. Wilshaw: Okay. That's what I saw when I looked at it. It looked pretty good, but there are a couple plantings there that probably could be refreshed with new ones. Mr. Justice: Okay. Mr.Wilshaw: Thank you. Mr. Morrow: Anyone else? Is there anybody in the audience that wishes to speak for or against this petition? Rebecca Gandolfo: Hi. I think the property he's talking about is ours. Our fence abuts up to theirs. Mr. Morrow: Please talk tothe microphone. Ms. Gandolfo: The fence he's talking about is right behind our house. Our backyard is right behind that shed or that garage you're talking about. And yes, it is a mess back there. The trees that they put up, bushes or whatever pu want to call them, they're half dead already. They were dead as of last year when you put them up. February 10, 2009 25134 For this green fence, I don't know what they're talking about. I don't know what it looks like. Mr. Morrow: Its a greenbelt. Mr. Justice: Its a greenbelt with the existing arborvilaes. Ms. Gandolfo: Going through the fence? Mr. Justice: No. It's just the bushes. Mr. Morrow: For lack of a better term, its the amount of dirt you have back there that has got the grass and the arborvitae on it. That's what we call the greenbelt. The width of it, from where his parking lot stops to your property line would be the width of the greenbelt, which consists of grass and trees. Ms. Gandolfo: Okay. Ed Gandolfo: Owner of the residence. One thing that bothers me is the dumpster back there. I mean we do have a spot where there's not a greenbelt so our trees can grow and flowers can grow back there, but that dumpster is really in an awkward position. I mean we look through our fence and see a dumpster. I don't know what can be done about that. Mr. Morrow: Okay. Thank you. Mr. Wilshaw: Ms. Gandolfo, can we gel your address for the record? Ms. Gandolfo: 28665 Mayberry Park Drive. Mr. Wilshaw: Okay. Thank you. Mr. Morrow: Is there anyone else in the audience wishing to speak? Seeing none, I'll give you the Iasi word, Mr. Justice. Mr. Justice: We'll definitely look at addressing those issues and clear the area up and in the spring, replacing any of the arborvitaes that didn't make it through the winter. I'd like to thank you for your time. Mr. Morrow: Is there anything that can be done regarding the dumpsters? Our ordinance requires that they be enclosed and apparently you're grandfathered in without the protective wall. Is that a fair statement, Mr. Miller? February 10, 2009 25135 Mr. Miller: It is, but since you're doing this, you could recommend that they be enclosed. Mr. Morrow: If the Commission sees fit to not require a protective wall, I think the least we can do is ask that those dumpsters be enclosed per our ordinance within a protective wall with gates. So if there are no other questions of the petitioner, I'll ask for a motion. Mr. Wilshaw: I have a question, Mr. Chair. Mr. Morrow: All right. Mr. Wilshaw: I just want to ask a ques0on of Mr. Miller really quickly. Scott, if we were to modify the approving resolution to include an enclosure for the dumpster, would it make sense for us to have that plan come back to us? To table this and have that come back to us with that detail, or can we make an approving resolution stipulating that the dumpster have an enclosure around it without being specific as to its location and materials and so on. Mr. Miller: I think where its at now is about the only location it could be. We usually just say that it has to either match the building materials or similar materials. It's kind of a generic language that we use. We could use that language, and he'll just have to enclose the dumpster if you're satisfied with the location. Mr. Wilshaw: Okay. Then Mr. Justice, would you have any objection to enclosing that dumpster with a wall? Mr. Justice: So we're saying match the existing building. Right now it's masonry and brick veneer. Mr. Wilshaw: Yes. Mr. Justice: In order to gel City approval, if that's what is going to be required. Mr. Wilshaw: Okay. Thank you. Mr. Morrow: Anyone else? A motion would be in order. On a motion by Scheel, seconded by Wilshaw, and unanimously adopted, it was #02-15-2009 RESOLVED, that the City Planning Commission does approve Petition 2009 -01 -GB -01 submitted by Heartland -University of Michigan requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18.45 of the Zoning February 10, 2009 25136 Ordinance for the nursing home (Heartland Health Care Center) at 28550 Five Mile Road, located on the north side of Five Mile Road between Harrison Avenue and Middlebelt Road in the Southwest % of Section 13, subject to the following conditions: 1. That the landscaped greenbelt along the north property line, as shown on the plan marked Sheet 1 of 1 prepared by Bock & Clark's National Surveyors Network received by the Planning Commission on January 6, 2009, is hereby accepted and shall be substituted for the prolective wall required by Section 18.45 oflhe Zoning Ordinance; 2. That the Planning and Inspection Departments shall conduct an onsite inspection of the greenbelt to determine what plant materials are dead or dying and require immediate replacement. All planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 3. That any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a prolective banner, the owner of the property shall be required to submit such changes to the Planning Commission for their review and approval or immediately construct the protective wall pursuant to Section 18.45; 4. That for the west property line, the petitioner shall have the option of either erecting a protective wall immediately, going to the Zoning Board of Appeals for a temporary wall variance or seeking the consent of the abutting property owner(s); 5. That the trash dumpster area shall be enclosed and the three walls of the enclosure shall be constructed out of building materials that shall complement that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times; and 6. That all trash and storage of materials outside the dumpster area shall be removed. Mr. Morrow: Is there any discussion? February 10, 2009 25137 Ms. Scheel: And that the existing dumpster be enclosed to match the exisling building. Does that meet everybodys approval? Mr. Miller: Ms. McDermott, if you want the yard cleaned up, we can come up with the language. Ms. Scheel: Yes, if you could add language to that effect, that would be good. Mr. Morrow: Also address the arborvitaes that perhaps should be replaced. Ms. Scheel: And that any existing landscaping that needs to be replaced, if any of the arborvitaes need to be replaced, that that be done at the same time also. Mr. Morrow: If you will work with the staff, they will give you some direction on the screening of the dumpsters as far as the wall and the gale, lhallype ofthing. Mr. Justice: All right. Thank you. Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #3 PETITION 2008-01-08-01 MARYCREST MANOR Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 01-08-01 submitted by Marycresl Manor, which previously received approval by the City Council on March 12, 2008 (CR #98-08), requesting a one-year extension of the plans approved in connection with an expansion of an elderly housing facility that would include the construction of a new three-story independent living complex and a new one-story assisted living facility on properties at 15475 and 15495 Middlebelt Road, located on the west side of Middlebelt Road between Five Mile Road and Wentworth Avenue in the Southeast % of Section 14. Mr. Morrow: Mr. Miller? Mr. Miller: I don't really have any further information. Mr. Morrow: There is no correspondence? Mr. Miller: No. February 10, 2009 25138 Mr. Morrow: Are there any questions from the Commissioners? Is the pefifioner here? Ron Spear, RWS Development, L.L.C., 7949 Golden Bay Trail, Waterford, Wisconsin 53185. Good evening. Jim Butler, 47729 West Huron River Dnve, Belleville, Michigan. I work at the properly, Marycresl Manor. Mr. Morrow: Thank you. Is there anything you'd like to add? Mr. Spear: We're very excited to gel this project off the ground, and no doubt, you've heard about the financial markets and how stressful those situations are. We've worked hard since the approval to gel our financing in place. About midstream, about the middle of last year, the conventional financing markets all but evaporated. We've become successful now in getting a commitment from a high financing underwriter to go forward and realize, of course, that our expiration is a one-year window. We're coming here asking for an extension so we can gel this project off the ground. We sfill have a few contingency issues to come through with, but we do have a commitment letter. It's a $9 million project on the first phase, and we're looking forward to bringing this property to the community and services for the folks in the area. We're excited about it, but of course we've been stressed out a little bit with the financing. We're just about there. We're working hard on gelling the finalization of the plans approved. We've been working with the building inspectors and kind of gelling them all in the loop, and everybody is giving us the nod that we're working in the right direction. So thank you for your consideration. Mr. Morrow: Congratulations on securing your financing. Are there any quesfions from the Commissioners? It sounds like you're going to be going forward within the one-year extension is what we're hearing. Mr. Spear: Yes. We're praying for it. Mr. Morrow: Is there anybody in the audience that wishes to speak for or against this pefifion? Seeing no one coming forward, a motion would be in order. On a motion by McDermott, seconded by Scheel, and unanimously adopted, it was February 10, 2009 25139 #02-16-2009 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2008-01-08-01 submitted by Marycrest Manor, which previously received approval by the City Council on March 12, 2008 (Council Resolution #98-08), requesting a one-year extension of the plans approved in connection with an expansion of an elderly housing facility that would include the construction of a new three-story independent living complex and a new one-story assisted living facility on properties at 15475 and 15495 Middlebell Road, located on the west side of Middlebell Road between Five Mile Road and Wentworth Avenue in the Southeast'''/ of Section 14, be approved subject to the following conditions: That the request for an extension of Site Plan Approval by Marycresl Manor in a letter dated January 19, 2009, in connection with Petition 2008-01-08-01, which permitted the construction of a new three-story independent living complex and a new one-story assisted living facility on properties at 15475 and 15495 Middlebell Road, located on the west side of Middlebell Road between Five Mile Road and Wentworth Avenue in the Southeast ''/ of Section 14, is hereby approved for a one-year period; and 2. That all conditions imposed by Council Resolution #98-08 shall remain in effect to the extent that they are not in conflict with the foregoing condition. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#4 APPROVAL OF MINUTES 975TH Public Hearings and Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 975° Public Hearings and Regular Meeting held on January 27, 2009. On a motion by Scheel, seconded by Wilshaw, and unanimously adopted, it was #02-17-2009 RESOLVED, that the Minutes of 975" Public Hearings and Regular Meeting held by the Planning Commission on January 27, 2009, are hereby approved. February 10, 2009 25140 A roll call vote on the foregoing resolution resulted in the following: AYES: Scheel, Wilshaw, McDermott, Smiley, Morrow NAYS: None ABSENT: Varloogian ABSTAIN: None Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 976" Regular Meeting held on February 10, 2009, was adjourned at 7:42 p.m. CIN PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: R. Lee Morrow, Chairman