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HomeMy WebLinkAboutPLANNING MINUTES 1955-05-25 MINUTES OF A PUBLIC HEARING OF THE CITY PLANNING COMMISSION On May 25, 1955 the above meeting was held by the City Planning Commission at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chairman Peter A. Ventura called the Public Hearing to order at approximately 8:09 p.m. Members present: William Robinson Earle Steinhoff H. Paul Harsha Edwin Conway Daniel Lepo Peter A. Ventura Robert L. Greene Dallas F. Hay Rufino Salinas Members absent: None The following were present together with approximately 50 people attending the Public Hearing: Lieutenant Bob Perry - Fire Department Hugh Wood, Jr. - Chief Inspector Elbert M. Hartom - Mayor Mr. Ventura announced that the only item on the agenda was the petition by the Board of County Road Commissioners of the County of Wayne, Michigan re- questing permission to erect two (one now and one in the future) 9- million gallons circular reservoir measuring 228 feet diameter and 39.34 feet above grade located on Parcel Cle and situated on the North side of West Chicago Road approximately 600 feet West of Harrison Avenue in the Northwest 1/4 of Section 36. Mr. Ventura gave a brief summary of what has transpired in the past in regard to this petition. Mr. William Ponder, Attorney, 31707 Plymouth Road stated that he has been requested by property owners who are involved to represent them and present their views. Submitted petition with 28 signatures of property owners within 500 feet of the property owned by Wayne County Road Commissioners opposed to petition. Stated that his clients object to the erection of these two tanks as proposed by Wayne County Road Commissioners. Stated State of Michigan adopted Act 285 of the Public Acts of 1931, as amended creating Municipal Planning Commission Act whereby municipalities were given authority to create Planning Commission which among other things said commission could adopt Master Plan of-the City. Act 285, of the Public Acts of 1931, as amended and Act 207, Public Acts of Michigan, 1921 as amended also provides right to adopt Zoning Ordinance. Stated that pursuant to these two acts this Planning Commission was formed. Stated there is one question involved inLthis case and that is, is such a use as proposed by the Wayne County Board of Road Commissioners permissible in an R-1 District as determined by City of Livonia Zoning Ordinance. Referred to Section 17.05 and 17.02, Zoning Ordinance, No. * 60. Stated that these are some of the guides that the Zoning Ordinance provides for this Body to follow in deciding whether or not a certain use is permissible in a certain district. Referred to Section 5.02, Zoning Ordinance No. 60, Subsection (k). Stated that there is a question as to whether or not this tank is a building or not. Referred to Section 4.44, Zoning Ordinance, No. 60. Stated two conditions must be met before this Body will permit such a use under Section 4.44, Zoning Ordinance, No. 60 (1) "...provided the City Planning Commission shall find such use, height, area, building or structure reasonably necessary for the public convenience and service..." and (2) 392 ; wr+ That such building, structure or use is designed, erected and landscaped to conform harmoniously with the general architecture and plan of such district..." Stated reasons his clients are opposed to this use. (1) Just by being there these tanks will be public nuisance. Nowhere in Zoning Ordinance, No. 60 can one find where it gives Wayne County Road Commissioners right to erect such structure that is contrary to and not in conformity with neighborhood. Stated in his opinion there is not another section of the City of Livonia except Rosedale Gardens that is more highly populated. One tank will cover approximately four average lots and two tanks will cover approximately eight average lots. (2) Erection of these tanks will cause established property values to depreciate in this immediate area. Stated he asked real estate man in Livonia whether or not erection of proposed tanks would influence property values. In the real estate man's opinion 75 thousand dollars worth of depreciation would take place immediately. Referred to Section 19.06, Zoning Ordinance, No. 60 Subsection 1, No. 4 "...will not diminish the marketable value of adjacent lands and buildings..." Stated people have invested savings here, some of the people will be living within 75' of these tanks and some of these people will be looking out their window to within 300' of these tanks. (3) Petition should not be granted because it is not good planning. Referred to recommendation of Albs Munson, Planning Consultant dated March 21, 1955 in which it states tanks should be located on 20 acre parcel whereas this proposed parcel is four acres with homes built around it with exception of school and park site. (4) Granting this petition could be the beginning of a nucleus of a blighted area, which in time would cause the entire neighborhood to deteriorate and become blighted, and cause a sub-standard residential area, which would cause the City of Livonia to have to reclaim the same at great cost. (5) Water is not going to serve City of Livonia alone - part will be going to Nankin and Garden City. (6) Perhaps Wayne County Road Commission is a profit making organization same as Michigan Bell Telephone Company and The Detroit Edison Company. Perhaps they make profit from the water. Stated City of Livonia makes profit off of the water it sells. Stated he had not checked into whether the County makes profit on the water. Suggested commission's duty is to check into this very carefully before making a decision and the possibility of an alternate plan. Sauggested the hiring of independent experts to see if tanks will be harmful or injurious to the neighborhood and whether or not there is another plan that will satisfy Wayne County as well as the People. Stated again that the sole question is whether or not this use is injurious and harmful to the neighborhood - if it is, it should not be allowed - if it is not, it should be allowed. The secretary read letter dated May 10, 1955 from James M. Davey, Attorney, Board of Wayne County Road Commissioners; dated May 24, 1955 from A. T. Kunze Engineer of Water Supply, Board of Wayne County Road Commissioners; dated May 18, 1955 from Calvin Roberts, Chief Livonia Fire Department and dated May 23, 1955 from Calvin Roberts,,Chief Livonia Fire Department. Mr. Davey requested the above letters be a part of the minutes. Dated: May 10, 1955 From: James M. Davey, Atty. Addressed to: City Planning Commission Hoard of County Road Commissioners Reference is made to your minutes of March 29, 1955 and April 12, 1955 wherein the application of this Board for permission to erect two 94 million gallon circular reservoirs on the North side of West Chicago Road, approximately 600 feet West of Harrison Avenue in the Northwest 1/4 of Section 36 was considered. Subsequent to your granting permission for this use, suit was filed against this Board to enjoin construction of the subject water stor- age tanks. A Motion to Dismiss was filed in behalf of this Board and upon argument of this motion before the Honorable Chester P. -O'Hara, Wayne Circuit Judge, today, the Notice of Hearing issued by your Commission in connection with this Board's application was found defective for the reason that is described the tanks as being 228 inches in diameter when in reality they are planned to 228 feet in diameter. For this reason we deem it advisable to reinitiate these proceedings and have filed with your Commission the new application for permission to erect two (one now and one in the future) 9f million gallon circular water reservoirs at the above mentioned location. Dated: May 24, 1955 From: A. T. Eunze, Engineer of Addressed to: City Planning Commission Water Supply Board of County Road Commissioners This Board 'is charged with the operation and management of the Wayne County Metropolitan Water Supply System which supplies the total water requirements of the City of Livonia. In connection with the operation of this system, new construction and improvements of water facilities are desperately needed. To satisfy the increased demand for water facilities, we have initiated a revenue bond issue in the amount of $1,000,000 to finance the proposed improvement program. The construction of additional water storage reservoirs in the City of Livonia is a vitally important part of this work and is necessitated by the tremendously increased water consumption within your City. An illustration of this increased consumption is seen in the fact that dur- ing'the month of August, 1950, Livonia consumed a total of 64 million gallons of water. By August of 1954 water consumption within Livonia amounted to 171,000,000 gallons, or 2679 of the 1950 usage. The situation has become critidal and it is easily recognized that it will, in the very near future, create almost insurmountable problems as your city grows. During April of 1954, 99 million gallons of water were consumed by Livonia, whereas in April of this year consumption had increased to 168 million gallons. This represents a 70% increase in the last year alone, and therefore it is easy to predict that by next August, the month of peak consumption, Livonia will consume approximately 290 million gallons of water. Although these statistics are illustrative of the situation, demonstrative proof of Livonia's water shortage is seen in the fact that water reserves in the elevated tank at Schoolcraft and Merriman Roads have been com- pletely depleted on three separate occasions this year alone. This is due to an insufficient supply of water from the City of Detroit during the hours of peak demand. In order to remedy this situation additional stor- age facilities must be built at once in order to maintain pressures within 394 , sa.. the Livonia system at a level necessary to adequately protect the public health, safety and general welfare. If the necessary improve— ments to the county system serving Livonia are not constructed, water pressures during hours of peak consumption will drop to a dangerously low level. This will jeopardise provisions for fire protection and imperil the availability of water in homes, public buildings and commercial establishments for cooking, sanitary and industrial purposes. The need for additional water reservoir facilities in Livonia cannot be questioned. The site of the reservoirs, from an engineering standpoint is equally important. The location for the pumping station and reservoirs was selected in 1951 after a complete engineering analysis of future water requirements for the City of Livonia. Considerations were entered into the site selection weret (1) All of Livonia must be on a high pressure boosted system. Any site located more than about one—half mile West of the Eastern boundary of Livonia would necessitate the laying of a system of double feeder mains in the Eastern part of the City. (2) The reservoir must be as close to the source of supply as possible. When we speak of a 10 million gallon storage tank, it must be realized that this volume of water has to be replenished each night in a period of about eight hours. The filling therefore must be done at a rate of about 30 million gallons per day. If the reservoir were located much farther from the source of supply, filling would be impossible without additional pumping. (3) Pumping from storage during peak demand periods is supplemental to a continuing supply from the City of Detroit throughout the day. Storage at any other location than that selected would defeat this principle of operation, thereby requiring at least fifty per cent more storage capacity. • In view of the foregoing, it is respectfully requested that your Honorable Body grant consent for the use of premises owned by this Board and located on the North side of West Chicago about 660 feet West of Harrison Avenue as a water reservoir site, all as set forth in the petition of this Board presently before you. Dated: Nay 18, 1955 From: Calvin Roberts, Chief Addressed to: City Planning Commission Livonia Fire Department Regarding the above ground storage of water by Wayne County, the Livonia Fire Department has no objections to the erection of the two tanks for water storage. We wish to go on record as stating that an adequate supply of water for domestic and fire demands is of paramount importance to the City. We believe that we should also point out that the amount of water available :]I is a prime factor in the insurance rate which the home owners must pay. ettli In other words, if the water in the mains i4 not maintained at the proper capacity and a fire should break out in a residence or commercail building, the loss could be very. great because of the lack of water for fire fighting purposes. By the same token, if there is not enough water in the mains to take care of the domestic service, the health of the people is impaired. Of course, the same conditions would apply_ to the commercail and industrial buildings, schools, churches, colleges and, convalescent homes. The Fire Department feels that to benefit 'the.majority of, the people in the City, approval of the installation of these tanks should be given and the construction should be started without_ further delay., Dated: May 23, 1955 From: Calvin Roberts, Chief Addressed to: City Planning Commission Livonia Fire Department The Livonia Fire Department would like to let the members of the Planning Ceammission know of an actual case in the City of Livonia where the water pressure was low. On Saturday, May 21, 1955 at 5::57 p.m. our Fire Alarm Dispatcher received a telephone call from Ardmore Convalescent Home located at 19810 Farmington Road that they had no water. On checking at the premises, we found that we could only get a small amount of water out of the basement faucets and no water on the first and second floor. The Superintendent in charge was very much concerned about the situation and what could be done in case of fire. Wayne County was called to see if any mains, pumping stations or other equipment was out of order. They informed us that there was no equipment or main break down. However, they did state that the water consumption was very high and the pumps in Detroit were unable to supply the demand. The following water pressure readings were taken at Fire Department Head— quarters, 33110 Five Mile Road. 35 pounds per square inch has been con— sidered normal at this location. Water Time Pressure Temp. Date Day P'.S.I. 4:00 p.m. 9 lbs. 5-21-55 Saturday 6:00 p.m. 5 lbs. 7x:00 p.m. 5 lbs. 70° 8:00 p.m. 12 lbs. 72° 9:00 p.m. 27 lbs. 10:00 p.m. 30 lbs. 11:58 p.m. 35 lbs. 39G Water �^ Time Pressure Temp. Date Day P_ — 8:00 a.m. 32 lbs. 5-22-55 Sunday 9:00 a.m. 36 lbs. 10:00 a.m. 21 lbs. 11:00 a.m. 21 lbs. 12:00 Noon 19 lbs. 1:00 p.m. 18 lbs. 2:00 p.m. 18 lbs. 3:00- p.m. 26 lbs. Raining 4:00 p.m. 38 lbs. 5:00 p.m. 39 lbs. 6:00 p.m. 48 lbs. 7:00 p.m. 36 lbs. 8:00 p.m. 36 lbs. 9:00 p.m. 36 lbs. 9:30 p.m. 36 lbs. 10:15 p.m. 30 lbs. Messrs. James Davey and A. T. Kunze were present. Mr. Davey referred to Section 2.17, Zoning Ordinance, No. 60 and stated that this Board is given a duty under the State Statute not just authority to provide for essential services to serve City and that one essential service is the supply of water. Stated there cannot be a water system without having place for water to run and storage of water. Stated slums are created by disease and filth and that disease and filth result from lack of water. Wondered what affect inadequate water would have on the value of house. Mr. Kunze presented recording charts showing level of water at the-storage tank at Merriman Road --9:00 a.m. tank was full and at 2:00 p.m. it was nearly empty. Also submitted graph showing Livonia's water consumption from 1950 through 1955. Mr. Salinas stated that he read article about back–siphoning of plumbing system due to low pressure which can cause contamination. Mr. Kunze stated low pressure in water main will cause water in sanitary facilities to siphon back into water system causing contamination. Gave an example of this happening at the Stahlin Nursery on Grand River Avenue. Mr. Ponder stated that he wished to make his client's position clear. Stated they know how badly City of Livonia needs water. - Stated it is not for commission to determine whether or not City of Livonia gets water. Only question before Commission is whether this proposed use in this area is harmful to surrounding area. Mayor Hartom stated last summer he received many compalints about no water. Stated he has gone into this as thoroughly as any layman can, Stated Wayne County organized water supply system because City of Detroit,did not care to and the Township of Livonia did not have money to do it themselves. A study was made of the present and future needs of the City of Livonia by a good, disinterested engineer as could be found. Because of topographic layout of Livonia the logical place to enter Livonia with 36" main was Southeast s7 earner. They appeared before proper City Officials at that time. At that tialie,there were no'homes in the area of the Northwest corner of Harrison and West Chicago Roads. At that time the pump house was the only necessary facility in spite of the fact two reservoirs were discussed. The four acres were purchased for these specific purposes. Stated he is for the public and that he did not want them to get hurt at any time but there are times when it is necessary to hurt a few to benefit the entire City. Stated this commission is not to consider the homes or buildings in one particular area but the welfare of the entire City. Mr. Kunze stated this is the 24th of May and already Livonia has used 201 million gallons of water which is off the chart submitted earlier. An unidentified man living at 20419 Cleveland stated he believed when this was considered three years ago those on commission shirked their duty by allowing this use in an R-1 District. Suggested tanks be placed underground. Mr. Thomas Higgins, 28465 Cleveland, an engineer stated he has never worked with an engineering firm that did not have another alternate plan to present. Mr. Kunze stated Wayne County is working for the people and it cannot squander its money like big concerns. Mr. Canava Caruso stated that Mr. Dodge stated at a previous meeting that it would take two months to make alternate plan. Stated he has not seen this alternate plan that was promised. Stated that even though there are just a few of us that we still have our rights. Mr. Stanley Gies, 28936 Hathaway stated that during peak periods City of Livonia will still not have water as it would be diverted to Nankin and Garden City. Mr. Kunze stated 1/3 at the most would be diverted. Mr. Gisoweki, 29162 Minton stated he did not think proper plan is squandering money. Gave an example of a man who had three minutes to solve a problem who would take two minutes planning and one minute to solve problem. Mrs. Robert Maltby, 11547 Cardwell asked whether Mr. Kunze was present at a meeting between School Board and Wayne County three years ago and whether at that time Wayne County was told that 2,000 homes would be built in that area. Mr. Kunze stated "no" to both questions. Mr. Stingle stated that what they are interested in is the location of the tanks and that they are aware of the fact that the City needs hater. Mr. Kunze stated location is most economical and feasible from engineering standpoint. Brought out at another meeting that it would cost $500,000 more to relocate tanks. Mr. Stingle suggested that the City of Livonia help Wayne County financially in relocating tanks. Mr. Ventura stated departments have received letter from Executive Office giving financial status of City and that by the end of 1955 the City will be practically broke. Mayor Hartom went into more detail regarding financial status of city at this time and revenue expected. 398 (.7") Mr. Kenneth Cissell, 28816 Hathaway gave examples of areas in the City. of Detroit where gas tanks, etc. are located and that they are blighted areas. Upon a motion duly made by Mr. Salinas and seconded by W. Greene, it was #5-180-55 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant the petition by the Board of County Road Commissioners of the County of Wayne, Michigan requesting permission to erect two (one now and one in the future) 9 million gallons circular water reservoir measuring 228 feet diameter and 39.34 feet above grade located on Parcel Clc and situated on the North side of West Chicago Road approximately600 feet West of Harrison Avenue in the Northwest 1of Section 36 subject to greenbelt planting according to specification of Parks and Recreation Depart- ment and Planning Commission, and FURTHER RESOLVED, notice of the above hearing was sent to property 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: Conway, Greene, Lepo, Hay, Harsha and Salinas NAYS: Robinson, Steinhoff and Ventura On a motion duly made by Mr. Robinson, seconded by Mr. Lepo and unanimously carried, this Public Hearing of the City Planning Commission was duly adjourned at 9:30 p.m., May 25, 1955. / •• 'uf .f. Salinas, Secretary ATTESTED: C/ %�i�� �• �� —eco . Peter A. Ventura, Chairman