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HomeMy WebLinkAboutPLANNING MINUTES 1996-10-15 15204 MINUTES OF THE 733rd REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF NNWLIVONIA On Tuesday, October 15, 1996 the City Planning Commission of the City of Livonia held its 733rd Regular Meeting & Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. James C. McCann, Chairman, called the meeting to order at 7:30 p.m., with approximately 35 interested persons in the audience. Members present: James C. McCann Jack Engebretson Robert Alanskas Patricia Blomberg R. Lee Morrow Daniel Piercecchi John Walsh Messrs. John J. Nagy, Planning Director; H. G. Shane, Ass't. Planning Director; and Scott Miller, Planner I, were also present. Mr. McCann 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 hold its own public hearing and decide the question. If a petition involves a waiver of use request and the request is denied, the petitioner has ten days in Nosywhich to appeal the decision to the City Council; otherwise the petition is terminated. The Planning Commission holds the only public hearing on a preliminary plat and/or a vacating petition. Planning Commission resolutions become effective seven days after the resolutions are adopted. The Planning Commission has reviewed the petitions upon their filing and have been furnished by the staff with approving and denying resolutions. The Commission may use them or not use them depending upon the outcome of the hearing tonight. Mr. McCann acknowledged the new Planning Commissioner, John Walsh. Mr. Alanskas, Secretary, announced the first item on the agenda is Petition 96-7-1-16 by Michael L. Chojnowski, Howard & Howard, for David and Walter Phipps, requesting to rezone property located on the west side of Farmington Road between Lyndon Avenue and Five Mile Road in the Northeast 1/4 of Section 21 from R-9I and R-2 to PO. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating since there are no City maintained storm sewers available to serve the site, on-site detention of storm water run-off will be required. Further, access to Farmington Road must be reviewed and approved by the 15205 Wayne County Office of Public Service. The location of the access point to Farmington Road will be reviewed relative to the current crossovers through the boulevard area of Farmington Road. Today in our office we received a letter dated October 15, 1996 from Mr. Milton Holley of 14821 Farmington Road, Livonia. Mr. Holley is a long-standing resident of Livonia and happens to be sitting in the audience. Rather than me trying to read it, maybe Mr. Holley will speak to it when his turn comes. So I will save it and if he wishes, I will read it at that time. Mr. McCann: Mr. Holley did inform me before the meeting that he would have some comments tonight. He would like to save it towards the end is my understanding. Is the petitioner here tonight? Les Stauske, President of Martin Lutheran Homes: I work out of our corporate offices, which are in Lansing, Michigan. I wanted to tell you a little bit about Martin Lutheran Memorial Homes tonight, and I have with me an architect that is working with us from London& Associates from Southfield, and he will bring us up to date on what the changes are we are proposing in more detail. Martin Lutheran Memorial Homes is a non-profit association, which is an association of churches in the State of Michigan and Ohio and part of Pennsylvania, that are part of what we call our Michigan district. It is Lutheran Churches, the Wisconson r.. Evangelical Lutheran Senate. Those churches band together to provide elder care through Martin Luther Homes, and are doing so currently in four parts of the state. We have homes that we operate out of Saginaw, Michigan; out of South Haven, Michigan; South Lyon, Michigan; and Hope, which is a suburb of South Lyon. The Board of Directors is appointed from the Association of Churches at an annual meeting. They serve three-year terms. There are twelve men on the Board of Directors, six are Pastors of the Lutheran Church, six are lay people. They also have an Executive Committee, which hires the Chief Executive Officer, which is myself. We have been pursuing in all four of our locations, and now this fifth location in Livonia, the opportunity to build what we call Continuing Care Retirement Communities. In the past we only provided skilled care. We now are expanding into independent living housing where people can live totally independent and come and go as they please, but can rent from us at reasonable prices and purchase any additional services that they need. They also have then a component called Assisted Living and that is where they also receive meals and additional attention but they are not yet ready to go into a skilled environment. Then finally the Skilled Environment. In order to get a Skilled License we are required to receive what is called a Certificate of Need from the State of Michigan, and we have 15206 petitioned the State for 72 beds and have received authority for those 72 beds, which we can locate anywhere within the State of Michigan through some special legislation for religious purposes. We have selected this site here in the Livonia area because it is closest to several of our churches and several members from our church are here today, and others in the community that are affiliated with our church that have a strong desire for this to be located here in Livonia because they all see themselves as potential clients. We do not open only to Lutherans. We are an equal opportunity employer and an equal opportunity provider. Currently our homes probably consist of between 20% to 25%, based on what home you look at, of Lutherans, and the rest are other denominations and we do have some un-church people. We care for Medicaid. We care for Medicare. We care for private pay. We care for insurance and others, and we do provide charity to many cases. That is a little bit about us. If there aren't any questions for me, I would like to turn it over to Jordan London, who is one of the principals with Edmund London& Associates of Southfield so he can show you the footprint we are talking about and the zoning that is required. Jordan London, Architect with Edmund London& Associates in Southfield: I think Les did a good job in explaining the concept, which is a continuing care community. The site is zoned for predominately what we want to use it for, which is independent apartments for elderly. That would be the '4r► lion's share of the project in front. We are proposing a four-story building. As part of the continuing care, however, we want to provide for those independent residents the ability to stay on the site, on the campus, if their health starts to deteriorate. We would do so with assisted living or skilled nursing as Les pointed out, and your zoning, like most communities, differentiates between skilled and independent, although the national trend is clearly to combine the uses into one site. We met with John, and his recommendation was that we rezone a portion of the site where the skilled center would sit to OS to accommodate up to a two-story skilled nursing facility. We are also asking for a strip of land that is access to the site from Farmington Road be rezoned from R-2 to R-9I to match the front parcel of land. We don't propose to build on that site. In fact, we would probably use that for some sort of retention. It makes a nice entrance to the site. Mr. Piercecchi: It was mentioned previously, I think the gentleman prior to you could answer the question, it was mentioned that you have various types of housing at this facility. What are the ranges and the costs? I know you say you are non-profit but that doesn't mean you are losing anything on it either, I assume. Can you give us a range of costs just for the people 15207 here in Livonia that may wish to utilize this facility at some time down the road? Mr. Stauske: We will have to market the cost at a later date because of inflation and everything but I can tell you right now, today, we are opening a similar facility in Lansing, Michigan. As a matter of fact Friday night I left Lansing to drive to Osh Kosh, Wisconsin to move my mother in, and she has moved into our apartments there. She is paying $740 a month. The apartment that she has is a one-bedroom apartment that has a kitchen in it and multiple storage areas. It also is a very nice apartment with 9 foot 6 inch ceilings, and her rent includes a meal at lunch time every day, so figure $4.00 or $5.00 a meal at 30 meals and you can take $150 off that, and also she receives, as does everyone else there, two hours of housekeeping per week where they come in and do the vacuuming and cleaning and then they also take their laundry, for large items like sheets and pillow cases, and they take that to our nursing home's commercial laundry and they do that once a week so they don't have to carry the heavy items. There is a smaller laundry room downstairs that has two washers and two dryers in it. They are not coin operated. They are free for the residents to use to do their own personal laundry. So we think it is a bargain. Mr. Piercecchi: You mentioned the one bedroom. That is the basic unit? Mr. Stauske: That is the basic unit. Mr. Piercecchi: What is the next step down when they need additional care? Do the prices change? Mr. Stauske: If they need additional care, like home health care, then that becomes available to them through their Medicare program. All the people that are moving into that unit, the youngest is 74 and the oldest is 92, they all are Medicare eligible and they are eligible for Medicare through the Home Health Care Agency. The only additional charges that we currently have is if you want to have breakfast or lunch. Then there is a charge for that, or if you have guests. I think the charge for that is $5.00. Mr. Piercecchi: The $740 is a base price and anything in excess of that is generally covered by Medicare or Medicaid? Mr. Stauske: Generally. Mr. Piercecchi: So the out-of-pocket expense for anybody in your facility would be $740 maximum? 15208 Mr. Stauske: The largest apartment that we have, and the fanciest apartment, which *law is a two-bedroom upstairs, goes for $1,075. That is our current range. Also, we had a deal with pre-construction, there is no utility charge for them for the length of their stay in our facility. After construction, people that buy now that they can see it, touch it and feel it, they will pay their utilities. Mr. Piercecchi: At $1,075 is that pretty much the routine in Livonia John for a two- bedroom? Mr. Nagy: I have no knowledge as I have not done an analysis. Mr. Stauske: Don't forget to back off the free meals. Don't forget to back off the housekeepers; they don't work free. Don't forget to back off the laundry; I can't get my laundry done free. Mr. Jordan: The services that are offered in this community make it a far different structure than a typical apartment. We do a number of these. In fact we have one under construction in Westland, and the ranges there are significantly more. It is not a not-for-profit organization that is running it. They have efficiency units that start at $1500 and the two bedrooms go in the neighborhood of$1800. They offer the cleaning services and meals and the other things that go with it, that is what the big difference Ivisy is between this and a standard apartment. There also are many other amenities connected with this building. There is a central dining room, town center, libraries, activities, physical therapy, health clubs. This is really a community event. We also visited two facilities in Dearborn, Henry Ford Village and Oakwood Commons, and their rental range is between $1400 and $2500 a month. Mr. Piercecchi: I am not questioning your numbers, but those kind of numbers indicate to me that perhaps non-profit is a misnomer, but what you charge is your business. What specific advantage is there to having this facility in Livonia. What makes it really desirable that we have it because our main job here is we want to serve the people in Livonia the best that we can. Can you give me three real reasons why we should have this? Mr. Stauske: I would think one reason that you would want to have this in your community, and every community wants to have this, is we have an aging population, and the population is not only aging but they are living longer and requiring more services. I don't think it is going to be too long before I will be living across the hall from my mother because she is 75 years old and will probably live to 95 with the health care that we have, but right now she cannot live alone, and she needs to have a 15209 place to go to, and it won't be too long before I will be catching her. Number one, we need to provide elder housing, and you need to �.. provide elder housing that is being provided by someone who isn't out there trying to run a for-profit corporation and gouge the resident. I think we have all heard the horror stories where a person is at the mercy of needing to go somewhere and they go in and take their house and sell it and they put their $200,000 in and then they pay their $1400 a month on top of that and their $200,000 is given back to their family, maybe when they are deceased, at about 90%, or maybe 0%. We saw one the other day where each month they pay for their unit, it reduces by 1.667%, which means at the end of five years it is worth nothing. That is not the way we operate, and I think that is the second reason why you would want to have someone like a non-profit home like Martin Luther Homes in here. We are in here providing a service at the request of our churches. We are not doing it at the request of a stockholder or profit holder or owner. I think you have all seen the articles the Detroit Free Press has done on some of the terrible things that are happening in the nursing home industry, and most of those that are listed in there are for-profit organizations not not-for-profit organizations. I think you also saw, if you looked at the top paid administrators in there, you would not find my name. That is your third reason. Mr. Engebretson: John, my understanding is the petition here as proposed was to change R-9I and R-2 to POI and I believe I heard Mr. London say based on some new information the rear portion of the property was now going to be proposed for a different zoning district. Did I understand that correctly? Mr. Nagy: You heard it the way I think I heard it but it came as new information to us. Mr. Engebretson: So you are not familiar with that? Mr. Nagy: The original petition was submitted for PO-I. It was changed to PO, maximum of four story, not six stories that the PO-I would have allowed, but the entire site has been advertised, although it does not have to be rezoned because of the nature of the different housing, only where their nursing or skilled care component is at the westerly end so that is the only area that would have to be changed to support the skilled care portion of their overall development. Mr. Jordan: We don't need PO-I because we are not proposing to build six stories. Mr. Engebretson: What is it that you are proposing that be Mr. London? 15210 Mr. Jordan: OS. Mr. Nagy: You could go to OS. Mr. Jordan: That allows the same use as PO except it is just two stories. Mr. Engebretson: So Mr. Nagy presumably that would be permitted within the context of the filing of this petition because it was a down zoning? Mr. Nagy: That is correct. Mr. Engebretson: Just for a point of information some documentation still refers to POI, in the agenda for example, so by the time this moves on that will show exactly what the zoning districts are, and thank you for that clarification. Mr. Morrow: Are we talking about the whole site being OS or just a portion of the site? Mr. London: Just the back portion. Mr. Morrow: Where you have the more sophisticated care? Mr. Jordan: Yes. Mr. Morrow: And that will be no more than two stories? Mr. Jordan: No,just two stories. Mr. Morrow: The R-9I will remain and that will be four stories? Mr. Jordan: Correct. Mr. McCann: Is there anyone in the audience wishing to speak for or against this petition: Pastor Calupino, 5686 Willow Creek, Canton: I was Pastor here in Livonia for 30 years at St. Paul's Lutheran Church. We moved from the Civic Center here because we sold our entire property to the City for $300,000. That was in the days of McNamara and various other men that I remember. I followed the history. I was Pastor here from 1956 until 1986, 30 years, and the gentleman that is at the end of the table there, he asked three or four good reasons. I would say one good reason is, although this facility would not be exclusively Lutheran, we do have a high 15211 concentration of our churches in this area from Wisconsin Evangelical Lutheran Senate. There are also Missouri Senate churches in the area. �••► St. Pauls has about 1,000 souls. Peace Lutheran Church is at West Chicago and Merriman and that is a church of about 600 souls. We have St. Johns in Westland, which has about 1,000 people, and in the City of Plymouth we have Saint Peters, which is a church about the same size as St. Pauls. Not only am I thinking of Lutherans, I am also thinking of the City of Livonia. I have followed the City from almost incorporation until the present time, and I saw schools being built all over the place and then later on some of the high schools and schools closed. Livonia had 125,000 to 130,000 people and I think your present population now is maybe 115,000. People are having smaller families and as a result of that, some of the schools had to close. The point I would make,just adding one point to what the Administrator did, and that is your population here in Livonia, the median age when I was Pastor there was maybe 40 to 45 years old but the median age is also going up here in Livonia. As a result they are looking for facilities where they can reside and do it under their financial situation. That would be my point at this time that I think this would serve not only our denomination but also it would serve the City of Livonia because admissions are wide and by government regulations they must include all. Jack Runkle, 16228 Country Club, Livonia: I am a member of St. Paul's Evangelical Lutheran Church located between Six and Seven Mile Road on Farmington. My reason in appearing tonight before the board is I am elected by my church to be a representative for our church with the Martin Lutheran Homes, Inc. I have attended the meetings for the past seven years and am familiar with their proposals, the various plans they have and the facilities they have built throughout the state. I wish to support this on the basis that I personally think that this would be a facility I would like to go into. I am 72 years of age and I don't think I am going to be able to maintain a residential home much longer, and I am looking to something like this facility where I will have a greater peace of mind. It is for that reason I am here representing my church, and this facility would be, as Pastor Calupino mentioned, the center of our church population. Presently we have a facility at South Lyon. It is a nursing home and it is not always full because it is so far out that people do not want to put their mothers and fathers there because to visit them they have quite a ride to go to visit. This facility would be closer to our church population, and if you have any questions I will be happy to answer them but that is my statement. Milton Holley: I would like to go back to the original plan. This area here is a road. You have it zoned R-9I but for years that road was posted by the 15212 Phipps as a private road, no trespassing, in order to come back to the property because all through here we have a 30 foot restriction for road r.,, purposes on all our deeds. The other outlet was on this lot coming out on Farmington Road, which meant there is a 30 foot restriction on our deeds, which they have had for the last 30 years. That road has been established since the 30s and has not been used except for that house there. I would say at three o'clock today I wrote my objections out and took them to the Planning Department with a copy of my deed, my survey and other records going back over the years showing this parcel of land has that road on it. That was put there by the grandfather. What I am saying is I filed my objections to that six-story office building because the petitioner that I have is David and Walter Phipps. It was not the association that intends to build there. There was mention in the records over there that they have a sales agreement, and I mentioned the fact that I know nothing about Martin Luther Association, etc. and there was nothing over there. Since then, at five o'clock, I found out different. But I found out this is entirely different. But I think they are getting shorted by the owners of the property in not letting them know that some of that land is dedicated for road purposes, and it might change their layout a little bit. A difference of 300 to 400 feet going down to the store is a big difference so if the residents of the senior citizen facility have access to Farmington Road to go down to the corner, it might save a lot of them. We were hoping there was some way the road could be connected from Silver Village. It is a feasible solution because the Board of Education has a road off Five Mile Road. It may make a change in plans for a better deal for everybody concerned. We weren't contacted on it and I had to go by the official notice. I am familiar with Livonia and I have done my part for Livonia. There may be a change in the plans when the petitioner knows about these easements. I gave him a copy of my deed and the others because that is a feasible use for that but not six-story office building. Mr. McCann: Mr. Holley, you have no objection to a four-story building? Mr. Holley: Yes, and I am very familiar with senior citizens' centers. Mr. McCann: This will come back for site plan. You will be able to come back Mr. Holley. Mr. Holley: The thing I am getting at is before they finalize it, they make changes in the plan that will save them a little money. Pastor Robert Bear: I live in a suburb of Livonia called Westland. It has been my privilege to serve on the Board of Directors for 28 years, the last 15 of 15213 which I have been board chairman. I want to give assurance to the City of Livonia. I have watched the corporation grow from one home to ,,,,,, what it is now. The last thing we ever want is to be an embarrassment to the communities where we are located. We hope to be an asset to them and it would be an embarrassment to our association, as well as our congregation, to have anything that would not fit into the community, that would not be appealing to the community, and would not serve the community. I just wanted to give you that assurance. My CEO didn't know I was going to be here, and one brief correction to his presentation. I am sure South Lyon would be pleased to know it has a suburb but Holt is a suburb of Lansing. Rodney Kropf I am a practicing attorney in Livonia. I wanted to tell the Planning Commission never make light of Mr. Holley. He is one of our last historians in the City. He knows that piece of property better than any of the owners, and I think he does a nice job coming up here and telling the Planning Commission that there are other things that they have to look at, but I also recognize my old client Pastor Calupino and my neighbor. They are both very honest gentlemen and they have a good proposal. I think the Planning Commission could mesh all these competing interests. I just wanted to put that on the record. Mr. McCann: I just want to say I would never make light of Mr. Holley. I have known him since I was a little child and very much respect him. There was no one else present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 96-7-1-16 closed. On a motion duly made by Mr. Engebretson, seconded by Mr. Alanskas and unanimously approved, it was #10-187-96 RESOLVED that, pursuant to a Public Hearing having been held on October 15, 1996 by the City Planning Commission on Petition 96-7-1-16 by Michael L. Chojnowski, Howard & Howard, for David and Walter Phipps, requesting to rezone property located on the west side of Farmington Road between Lyndon Avenue and Five Mile Road in the Northeast 1/4 of Section 21 from R-9I and R-2 to PO, the City Planning Commission does hereby recommend to the City Council that Petition 96-7-1-16 be approved, as amended from R- 9I to OS, for the following reasons: 1) That the proposed change of zoning is compatible to and in harmony with the surrounding uses and zoning districts in the area; 2) That the proposed change of zoning will provide for a use which is needed in the community; and 15214 3) That the proposed change of zoning is consistent with the Future Land ,,. Use Plan designation of medium density residential land use for the subject property. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance#543, as amended. Mrs. Blomberg: I just like to mention that I do help a lot of senior citizens in the area and we have a very limited supply of intermediate care for them. I feel this is an excellent type of program where people can be in one family and have different types of care. At this point right now I have two sisters, one needs more care,just assisted living, and the other is in independent living. They can't eat together and this is very sad for them. In this one I understand they will have a joint community where they can eat together and still be part of the family. I think this is really a very nice complex and that is why I would like to support this. Mr. Alanskas: I wanted to say tonight we are only dealing with the zoning issue but at our study meeting we were privy to look at some of the pictures of what they have in these homes and believe me when it goes forward to site plan and when you see it on TV, these facilities are just excellent, and that is why I am supporting this. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 96-9-1-22 by Matthew B. Lester requesting to rezone property located on the southeast corner of Merriman and Eight Mile Roads in the Northwest 1/4 of Section 2 from M-1 to C-2. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Engebretson: The existing building will be demolished and replaced with a new structure? Mr. Miller: Yes. Mr. McCann: Is the petitioner present: Charles Tangora, 33300 Five Mile Road: The petitioner is Matthew B. Lester. He is Vice President of The JAR Group, and he is in attendance tonight. So the petitioner is really the The JAR Group. I have been around here for a number of years, over 30, and ever since I have been here that particular corner has been operating as a commercial location. I have 15215 tried to go back to identify when the original American Hardware, which is the original store I remember when I came to town, but the tear best I could find out it is probably more than 40 years ago, back to the time when Livonia was a township. It was one of my favorite hardware stores. I used to love to shop there but ever since, probably over 40 years, up to the present time, it has always been a commercial establishment. Church's Lumber took over about 12 years ago and operated it for a period of time, and then about two years ago closed it and it has been closed ever since. The other three corners, one in Livonia on the south side of Eight Mile Road operates as a gas station, which is commercial. The two corners on the north side, which are in Farmington Hills, also one is a gas station and the other is a trailer location, sales and service, also commercial. I think that if anybody has been by there in the last couple of years, and even before the remodeling that Church's has done, and I talked to Bill Church and he is a fine gentleman, it was a combination lumber but mainly a hardware store, and I shopped there many times, but it was not a particularly prestigious building and remains so even less today. It is at the gateway of Livonia. I think it gives the signal as to what Livonia is about. I kind of compare it to the corner at Six Mile and Inkster Road. I represented the owner that went in and bought that corner. I guess it would be the northwest corner where the supermarket was. At that time, which that also is a gateway to Livonia, that grocery store had been abandoned for a number of years. On the south side of Six Mile there was a gas station also that today both locations have been rehabilitated, revitalized and now it is a privilege being a part of the Livonia community to drive by there and be pleased when you come into Livonia. I think what we are proposing is the same thing for Eight Mile and Merriman. We have tried to keep the present use, which was a commercial use, which I think is the proper use for that corner, and I think with good planning you gentlemen and Pat will do, will insure that the site plan will be something that Livonia will be proud of. It will have the proper landscaping, proper parking. The building will be new. The present building will be demolished and torn down. You will have a brand new shopping center. If you have any questions, we will be happy to answer them. Bill Roskelly, who is the engineer on the project is also here. He can talk about any engineering or site plan questions that you have in mind. Mr. McCann: I want to go back to Mr. Nagy. Was there any correspondence? Mr. Nagy: We have received a letter from the Engineering Department stating they have no objections to this rezoning proposal. We have also received a letter from Darryl S. Rogers of the Livonia International Development, L.L.C., stating he is the owner of 30975 and 30945 W. 15216 8 Mile Road and he does not object to the C2 rezoning of these properties. Mr. Alanskas: Mr. Tangora, you said shopping center. Are you inferring that there would be more than one in this building? Mr. Tangora: Yes. I think it was planned, and it is very preliminary, but there is a plan to remove the present facility and replace it with two buildings and they would be lesser square footage than the present building that is up there right now. Mr. Alanskas: Would these buildings be separated? Mr. Tangora: Yes. There was no one present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 96-9-1-22 closed. On a motion duly made by Mrs. Blomberg, seconded by Mr. Morrow and unanimously approved, it was #10-188-96 RESOLVED that, pursuant to a Public Hearing having been held on October 15, 1996 by the City Planning Commission on Petition 96-9-1-22 by Matthew B. Lester requesting to rezone property located on the southeast corner of Merriman and Eight Mile Roads in the Northwest 1/4 of Section 2 from M-1 to C-2, the City Planning Commission does hereby recommend that the City Council approve Petition 96-9-1-22 for the following reasons: 1) That the proposed change of zoning is compatible to and in harmony with the surrounding uses in the area; 2) That the proposed change of zoning will more readily provide for the redevelopment of the subject property; 3) That the proposed change of zoning will encourage the utilization and redevelopment of the property which contains a large vacant building, unused parking lot; and storage yard; and 4) That the proposed zoning district is less restrictive than the present district thus providing for more of a variety of services for the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance#543, as amended. 15217 Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. r.. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 96-9-2-26 by Lutheran Homes of Michigan requesting waiver use approval to construct a new nursing home on property located on the north side of Plymouth Road between Haller Avenue and Camden Road in the Southwest 1/4 of Section 25. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating consideration should be given to the dedication of Plymouth Road (60') in accordance with the City's Master Thoroughfare Plan. Their office has no objections to this waiver use proposal. Also, we have a letter from the Traffic Bureau stating they have no objection to this plan. We have also received a letter from the Inspection Department stating the following problems or deficiencies were found: 1. This proposal is located on three separate tax parcels, and when combined will create a split zoned parcel of land (C-2, O.S. and R-1). 2. A greenbelt was substituted for the protective wall. The landscape plan does not identify if there is seed or sod to be placed. 3. There are no provisions for a dumpster enclosure. 4. Should ingress/egress be off Camden? 5. �.. There is no lighting indicated for the parking areas. Also in our file is a letter from the Fire Marshal stating they have no objection to this proposal. However, due to the type of occupancy and the number of fire apparatus which may be required in responding to an emergency situation, they shall require"Fire Lane -No Parking" signs be posted per City ordinance along the following roadway(s): - Along both sides of the roadway from Plymouth Road to the north end of the building. - Along both sides of the roadway on the south and west sides of the building, including the outside radius of the roadway located at the northwest corner of the building. - Along both sides of the roadway from Camden Street to the east side of the building. Fire lanes are required to be minimum 18 ft. in unobstructed width, provide turning radii to accommodate emergency vehicles and have a minimum vertical clearance of 13 ft. 6 inches. The proposed placement of trees may interfere with these requirements. Hydrant spacing and location around the 600 ft. long building must be addressed in addition to hydrants that exist along Plymouth Road and Camden Street. We have also received a letter from the Plymouth Road Development Authority in support of this project. 15218 Mr. Piercecchi: What is the basic difference between this petition and the first petition that we thought we really needed? `` Mr. Nagy: I don't want to speak for the petitioner but this is more like a care facility rather than the independent living component that was part of the first petition where they are self-contained individual units where it is mainly an in-care providing for services in addition to the living accommodations. I think the petitioner can more adequately go into the depth of those kinds of services that are involved here. Mr. Piercecchi: This is similar to St. Jude's on Ann Arbor Trail there? Mr. Nagy: I would rather let them go into the level of care that they provide. Mr. Piercecchi: We all recognize we need the other type of facility. We know we have an eyesore down there but I would like to see this facility evaluated on benefits to the City rather than eliminating an eyesore on Plymouth Road. Mr. McCann: Is the petitioner present: David M. Gehm, President and C.E.O. of Lutheran Homes of Michigan. We are located at 140 West Tuscola Road in Frankenmuth: That is our corporate headquarters. Now Mr. McCann: Can you tell us a little bit about your project. Mr. Gehm: Lutheran Homes of Michigan,just to set aside our comrades from Martin Luther Memorial Homes earlier this evening, as Mr. Stauske had outlined they are the Wisconsin Senate of Lutheran Church. We are the Missouri Senate Branch of Lutheran Church. For some reason after breaking with the Catholics, we decided to split once again apparently as Lutherans. We, at this point, Lutheran Homes of Michigan operate two nursing facilities, each of which have small assisted living units attached to them. We also operate a home care agency in Saginaw Valley. One of our nursing homes is in Frankenmuth. The other nursing home is in Monroe. We represent over 350 congregations in the State of Michigan, 60 of which are active members of our association currently. This particular piece of property, and license that goes with it, is of interest to Lutheran Homes because this also to us is an area of the state where there is a great need. We also have a great volume of constituents here within the Lutheran community to support us, and have for many years, although we have not been in a position to offer services back to this community. The proposed site, as you know, is a very long and narrow site and has 15219 presented us with some challenges to what we would typically, ideally like to do. As you know, the Livonia Nursing Center, which has been closed for two years, contained an 88-bed license. For us to purchase New this property and remove that building and convert that license into a brand new facility is one way in which we are able to get into this community and to serve the needs of the elderly down here. I understand your concern for the actual need. I can assure you that demographically an additional 88 nursing beds will quickly be filled. Lutheran Homes, unlike the earlier proposal tonight, is concentrating on health care needs of seniors not independent housing needs. That is our thrust. That is our expertise. We care for the frailest of the frail and the oldest old, if you will. The proposal we have is to build those 88 beds and include an additional 20 home-for-the-aged beds. We will design those beds specifically to care for Alzheimer patients, whose care needs are so very different than the clinical nursing needs of clinically ill or frail residents. You will see on our design there is one wing dedicated to that. We have with us tonight Harry McAllister and Chris Ewald from SSOE, Inc, our architectural firm. They will walk you through the site plan at this point and we will answer any questions. Harry McAllister: As identified the site is quite a tight and narrow site and therefore we have done a number of things to accommodate the requirements from Livonia as well as the requirements of our client on the site. In meeting with the Plymouth Road Development Authority, one of the comments made was that there be a preference to a boulevard type entrance to help address some of the identity along Plymouth Road itself. We made a revision from the original submittal to incorporate that boulevard entrance. The boulevard entry is going right through where the existing nursing home, otherwise referenced earlier as an eyesore, is located. Because of the narrowness of the site at this location, it provided us with the opportunity then to locate the new facility on the back portion of the site and bring the parking to the front portion of the site. Again, from the Plymouth Road Development Authority standpoint, we were accommodating some of their concerns relative to aesthetics by doing some additional planting along Plymouth Road. We also have taken into account the expanded right-of-way along Plymouth Road in our development plans. Another comment was made relative to the lighting. We have added that to the site plan and have submitted cut sheets showing where the light fixtures are. They are typically 25-foot pole fixtures with the light directed inward on the site. They are specific type of fixture that will not have light drifting back into the residential areas. The exception obviously to that will be the lighting in the middle parking areas. They are designed to give uniform lighting to the parking lot. The Fire Marshal's comments 15220 relative to the access around the facility, we do have incorporated that access into the plans. One of the things we have done, we are using a New, combination of the sidewalk and the pavement on the west side to accommodate the trucks and therefore the sidewalk elevation will be the same as the paving elevation. The reason for that again is the site that the nursing home will be on is relatively narrow. There are a number of those types of considerations that we had to take into account. Also, in talking with the Fire Marshall, the general conversation because this is the primary access, but it is an alternate access onto Camden Road that has been developed. One of our concerns was from an emergency standpoint, for being able to properly work with any emergency on the site and personally I had a concern with restricting it to but one area of access in case there was a problem getting through there. The Fire Marshal, I did ask him if I could quote him in a statement, said there was nothing he could do to require two means of egress to the site although he supports the concept and it would indeed assist him if there were any firefighting activities that would have to go on there to be able to access the site from both locations. The screen wall for the trash dumpster, we have also taken that into account. That would be a brick face wall as high as or above the trash receptacles themselves. As was noted, we have requested a greenbelt in lieu of the screen wall. The reasons for that is the large amount of the property, essentially all of it is adjacent to residential property, if we were required to put the screen wall up, it would be cost prohibitive to the entire project because it is an extensive area adjacent to residential property. What we are therefore requesting is using a landscape buffer and developing that 8 feet or more along the entire perimeter. The question of whether that was seeded or sodded. We would possibly use seed and have that worked with our landscape architect to actually develop a final landscape plan and review that with your staff. We also exceed the amount of parking required by your zoning ordinance. The reason for that is in working with Lutheran Homes their staffing needs would require slightly additional spaces than what you require so therefore we accommodate that so we do exceed your requirements. (He then presented the site plan) They are extremely concerned about providing a quality of care providing as much of a home-like environment as they can for those requiring medical assistance. We have semi-private rooms throughout the facility. We are bringing the food to the residents in smaller dining areas. We have family and resident lounges at the end of the corridors. In essence, whenever a resident is leaving their room, they have an activity pod not too far away where they can relax and congregate with others. We have our main core area that supports a kitchen and a more central dining which is restricted to about 24 residents. You can see we are bringing food to the residents. We have all central laundry 15221 facilities, administration area, and very important in the center of the facility is their chapel. Again, expressing to the visitors and to the patients what their mission is. The Alzheimer unit is a slightly different design to again deal with both the physical needs and the mental needs of that special aging population. (He presented the elevation plans) We are anticipating residential shingle roof. The reason for that is to tie into the character of the residential area for two reasons, because it is a residential area and because it is a home for all the people that are living here. Mr. Piercecchi: I want to ask the first gentlemen, I assume you are also non-profit? Mr. Gehm: That is correct. Mr. Piercecchi: So you don't pay any taxes to the City, or is any portion of this property going to be taxable? Mr. Gehm: It should not be. Mr. Piercecchi: Will you be in competition with this other one that was approved tonight? Is that direct competition? Mr. Gehm: We don't see it as direct competition for a couple of reasons. First of all, I want to emphasize, if you will sir, who we appeal to are those '"""" folks needing immediate intensive health care for seniors unlike their demographics, which will be the younger seniors in their late 60s and early 70s who are healthy. They would be marketing to them to bring them into their facilities healthy and then have the ability to care for them as they age there. In our situation, our average age coming in will undoubtedly be in the high 80s and 90s and folks that are placed in our facility will typically be placed in there by their sons and daughters who are challenged by caring for them in some way. Mr. Piercecchi: I have heard that the percentage of the people that end up in these facilities is like 2% of the population. Is that correct? Mr. Gehm: I don't know any study that would support that. I will tell you that the statistics that we look at say that of the 85 and over population, one out of two will require nursing home care at some point after their 85th birthday. So that is 50% of that demographic group. Mr. Piercecchi: There aren't a lot of people that reach those numbers. Mr. Gehm: I am afraid there are many and many more at this time in the history of this country. 15222 Mr. Piercecchi: But you say you will not be in competition? r..r Mr. Gehm: We don't see ourselves as being in competition. Again, the second reason we don't see that as an issue, is now we are looking at a different constituency if you will. The demographics, the need out there is so great that we don't see any problem filling our home, their home and other quality homes without any problem. Mr. Piercecchi: Are there any other facilities in Livonia similar to yours? Mr. Gehm: There are other nursing home operations in Livonia to be sure. Mr. Piercecchi: Why did you chose Livonia? Mr. Gehm: In this instance it is the goal of Lutheran Homes to begin serving in this western area of Detroit when we could first find an opportunity. The process to get a CON, as you heard earlier, in order to build a nursing home, is locked up now. There was, as Mr. Stauske identified, there was special legislation that occurred a few years ago that opened a very brief window for a very small number of beds in this state. They were fortunate enough to be in a position to get those. The only other way to grow in our business is to purchase an existing CON, and we have some problems with that frankly because in buying an existing home, you buy the reputation of that home, and Lutheran Homes' reputation is beyond approach, and we have hesitated to pursue that. In this case this home has been empty for two years now and that opportunity is available to us. A CON with purchase like this is so specific within two miles so we only had a two-mile radius within which we could consider moving to a larger site for instance. We looked everywhere within that two-mile radius and there is none to be found. Our commitment is to take this distressed piece of property and our investment in that property will be in excess of seven million dollars when we are through to create this home for this community. Because of the way those beds were taken off line by the state and that home was closed, that home, those beds, which is a community resource to the City of Livonia, are at risk for being lost entirely. The State of Michigan's formula could remove those 88 beds from the list of beds that are accessible to the state and to the community if somebody doesn't buy them and rehab them. Mr. Piercecchi: It sounds to me like you are very interested in keeping your type of organization, you used the term business, growing rather than serving a service to the community. Did I read you right or wrong? You said you wanted to grab those beds and keep your business alive. 15223 Mr. Gehm: It is the need that causes us to grow. This will be our fourth operating `w unit, going from three to four. That is growth. What drives us to do that is the need. That is the group of seniors down here that will be needing this type of care. It is the church community that has supported us for so many years and wants to have ownership in a home located here, a Lutheran home. We are not a corporation that is trying to build a net worth. We are a non-profit, church-sponsored, association. Mr. Piercecchi: How do you determine the need? Mr. Gehm: We look at demographics, the number of seniors that fit the profile that we care for. Livonia is ahead of other cities in percent of seniors with 13.2%. The state is on an average a little below that, about 12%. In fact, Livonia is where the state thinks it will be in about 5 to 7 years so Livonia is pacing ahead of that. We have a need down here because we have within a 15-mile radius of this site, there are 17 Missouri Senate Lutheran Churches that represents almost 18,000 souls, many of which are graying in the pews. They would like to see us active down here. We don't serve exclusively Lutherans. Our current homes serve about 35% Lutheran. The rest are multiple and many denominations. Our youngest clients are in their early 60s. Our oldest is 105, and we have about five people over 100 right now so we care for much older demographics, and it is that group that is growing most rapidly. Mr. Alanskas: The person who is 65 or older and all they have is social security and Medicaid, Medicare, could they reside in your facility with no other charges to anyone else? Mr. Gehm: That is correct. We participate with Medicaid and Medicare. Medicaid would be the payer in that instance. Mr. Alanskas: Your lights, you say you have 25 feet? Mr. Gehm: Yes sir. Mr. Alanskas: We like to keep those at 20. Would that be a problem, the height? Mr. McAllister: I would not anticipate that being a problem. The reason we have them at 25 feet is to decrease the number of them that are required to get the proper lighting. Mr. Alanskas: Being you have ample parking you would need two more. Is that correct? 15224 Mr. McAllister: Other than a very frugal client who is constantly reminding us of being cost conscious, no sir. Mr. Alanskas: We would like to keep it at 20 feet considering it is in a residential area. Mr. McCann: This is residential. Being a client, can you respond to that? Could you agree to that? Mr. Gehm: That wouldn't be a problem. Mrs. Blomberg: I understand that all the rooms are private or semi-private? Mr. Gehm: Correct. Mrs. Blomberg: That means a person that is on Medicaid or Medicare, they also would have a semi-private room. Is that correct? Mr. Gehm: That is correct. The majority of these rooms are semi-private. Mr. Morrow: The road going around your facility, is that a two-way road? Mr. McAllister: We are anticipating at this point that for truck vehicular access, we will restrict that to one way. As far as automobile access, this portion will be two way. The rear portion will be one way predominately for deliveries and fire access only. Mr. Morrow: For emergency vehicles? Mr. McAllister: Correct. So we will require that trucks maintain a one-way circulation path. Most trucks will be food delivery primarily. Mr. Morrow: The color of your brick is that representative? Mr. McAllister: We brought that tonight. (He presented samples of materials) We went with a very traditional color of brick again recognizing we are in a residential community and it is a residential facility. The reason for the shingle color is to give a slate appearance as well as to harmonize with the variety of other residential roofs in the area. Mr. Morrow: One man's opinion, it is an excellent choice. Lastly, I assume all type of air conditioning or heating will be contained on the roof or at least not exposed to the community. 15225 Mr. McAllister: That is correct. Our typical condensing units are located here. As far as the main equipment goes, we don't like that stuff popping out of __ rooftops either. Mr. Morrow: So there will be no roof top mounted per se. Mr. McAllister: The only thing would be those required by code for the kitchen exhaust system. Mr. Alanskas: All the Edison boxes and the gas boxes will be in the back of the unit not anywhere near the front of the building? Mr. McAllister: Yes we haven't dealt with that for sure where things are coming in but we can do that. Mr. Alanskas: Will you make sure they are in the back? Mr. McAllister: Yes, in the back or screened. Mr. Nagy: Not readily visible. Mr. Engebretson: I was unclear relative to that access out to Camden Road as discussed with the Fire Marshal. Is that road to exist for the sole purpose of emergency vehicle use as contrasted with other routine traffic entering and leaving the property? Mr. McAllister: No, we would not restrict it as a fire lane only, although the way we have it with the majority of the parking at the front area I would not anticipate much use of this at all. This is also an existing curb cut on Camden. It is a fenced parcel with a gate at that end of the curb cut so we would essentially be improving that. We would not want to restrict it. Typically, I haven't talked to the Fire Marshal in this case, but typically the Fire Marshal doesn't like a gated access lane. Mr. Engebretson: The logic would dictate that it really wouldn't make much sense to use that for routine ingress and egress to this facility. Mr. McAllister: Correct, except for a few, which we anticipate being staff, that will park in the back and it doesn't give them any benefit to come out this way. Mr. Engebretson: Not to prolong the point but if it were primarily staff parking in the back there and if that did create any concern among the neighbors on Camden, it would be easy to control by simply dictating to the staff. 15226 Mr. Gehm: That is true of our current operations as well which border residential areas. Mr. McCann: Your plan is it marked for irrigation system? I know you are coming back for your landscape plan but is the master plan marked? Mr. Nagy do you know? Mr. Nagy: Normally we deal with that on the landscape plan. There was no one else present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 96-9-2-26 closed. On a motion duly made by Mrs. Blomberg and seconded by Mr. Engebretson, it was #10-189-96 RESOLVED that, pursuant to a Public Hearing having been held on October 15, 1996 by the City Planning Commission on Petition 96-9-2-26 by Lutheran Homes of Michigan requesting waiver use approval to construct a new nursing home on property located on the north side of Plymouth Road between Haller Avenue and Camden Road in the Southwest 1/4 of Section 25, the City Planning Commission does hereby recommend to the City Council that Petition 96-9-2-26 be approved subject to the following conditions: __ 1) That the Site Plan dated 10/7/96, as revised, prepared by SSOE, Inc., Architects, which is hereby approved, shall be adhered to; 2) That the Building Elevation Plan dated 9/26/96 prepared by SSOE, Inc., Architects, which is hereby approved, shall be adhered to; and 3) That a greenbelt shall be substituted for the required protective wall and a fully developed Landscape Plan, including the greenbelt, shall be submitted to the Planning Commission for approval within 30 days of the date of approval of this petition by the City Council. 4) That the lighting in the parking lot shall be no higher than 20 feet. 5) That any utility meters shall be screened or located in the rear of the property. for the following reasons: 1) That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Section 9.03 and 19.06 of the Zoning Ordinance #543; 15227 2) That the subject site has the capacity to accommodate the proposed use; `�•� 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area; and 4) That the proposed use will provide for the removal of existing vacant structures that are non-conforming and in disrepair. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mrs. Blomberg: I am just speaking because I don't know if some people are aware that most of the nursing homes in Livonia that accept Medicare and Medicaid have four-bed wards for these people. These people are telling us that they have two-bed wards. This is so nice for people. In a four-bed ward there is absolutely no privacy. Also, I do know the history of the Lutheran nursing homes. They have an excellent reputation and they take very good care of people and there is a need. I guess Mr. Piercecchi has been very lucky. In our family almost everyone ends up in a nursing home. It is very hard to find one where a family can have adequate care and we have had to keep our family in Florida for that purpose. So I definitely would like for this to go N,,, through. A roll call vote on the foregoing resolution resulted in the following: AYES: Alanskas, Blomberg, Walsh, Engebretson, Morrow, McCann NAYS: Piercecchi ABSENT: None Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: My understanding was at the last meeting you were in a hurry to get to Council. Is that true John? Mr. Nagy: There is a meeting scheduled on the 21st of October. I don't know if they can make it by then. On a motion duly made by Mr. Engebretson, seconded by Mrs. Blomberg and unanimously approved, it was #10-190-96 RESOLVED that, the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning 15228 Commission Rules of Procedure regarding the seven day period concerning effectiveness of Planning Commission resolutions in connection with Petition 96-9-2-26 by Lutheran Homes of Michigan requesting waiver use approval to construct a new nursing home on property located on the north side of Plymouth Road between Haller Avenue and Camden Road in the Southwest 1/4 of Section 25. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 96-9-7-1 by the City Planning Commission to determine whether or not to amend Part VI of the Master Plan of the City of Livonia, entitled the Master Fire Station Plan, so as to delete an existing proposed site and designate a new location. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating they have no objections to this proposal. Mr. McCann: Since the Planning Commission is the petitioner, I will go directly to the audience. There was no one present wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Petition 96-9-7-1 closed. On a motion duly made by Mr. Walsh, seconded by Mr. Morrow and unanimously approved, it was #10-191-96 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia having duly held a Public Hearing on October 15, 1996 for the purpose of amending Part VI of the Master Plan of the City of Livonia, the Master Fire Station Plan, the same is hereby amended so as to delete a site located on the north side of Seven Mile Road, east of Fitzgerald Avenue, in the South 1/2 of Section 5, such property being legally described as follows: That part of the south 1/2 of Section 5, T.1S., R.9E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant N. 0°14'0"East, 60 feet and N. 89°14'30" West, 43 feet from the south 1/4 corner of Section 5; proceeding thence N. 0°14'0"East, 336 feet; thence South 89°14'30"East, 208 feet; thence South 0°14'0"West, 336 feet; thence N. 89°14'30"West, 208 feet to the point of beginning. (Part of 020-99-0002-000 and 019-99-0023-001) 15229 and to designate a new location located on the northeast corner of Bicentennial Drive and Seven Mile Road (entrance to Bicentennial Park), �... such property being legally described as follows: That part of the SW 1/4 of Section 4 T.1 S, R.9E., described as beginning at a point distant North 60 feet and South 89°57'40"East, 44.80 feet from the SW corner of Section 4; thence S. 89°57'40"East, 346.62 feet; thence N. 00°11'07"East, 309.91 feet; thence N. 60°00'00" West, 200.00 feet; thence South 30°00'00"West, 198.50 feet; thence on a curve to the left, with an arc distance of 251.50 feet and a radius of 557 feet, to the point of beginning. 2.42 acres. for the following reasons: 1) That the new fire station location is more centralized and provides for better traffic control; 2) That the new fire station location is more isolated from residential homes in the area; and 3) That the new fire station location will provide for the necessary fire protection needed to protect this section of the City. ,,,` AND, having given proper notice of such hearing as required by Act 285 of Public Acts of Michigan 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of the Master Fire Station Plan of the City of Livonia, which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission, with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 96-9-7-2 by the City Planning Commission to determine whether or not to amend the Future Land Use Plan so as to change the designation of land located on the east side of Farmington Road south of Eight Mile Road in the West 1/2 of Section 3 from Office to Medium Density Residential. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. 15230 Mr. Engebretson: Mr. Nagy, didn't we conduct a public hearing on this matter a couple of months ago and had a real estate person representing the landowner that was going to check with the landowner as to what some of their plans were? I am just trying to determine whether or not we need to remove this from the table or not, or maybe I am remembering it incorrectly. Mr. Nagy: The earlier hearing was pursuant to a Council resolution directing the Planning Commission to consider whether or not the existing zoning of Office Services and R-3 should or should not be changed to either R-9, Housing for the Elderly, or the RC, Residential Condominium classification. That petition, after holding the hearing where we gave notice to the property owner as well as the real estate agent, that particular petition was tabled. The reason it was tabled was because the Planning Commission was aware the current Future Land Use Plan, which is the issue we are dealing with tonight, still forecasts that property to be office, reflecting the existing zoning of the property. So the Planning Commission felt rather than at that time to report out the rezoning petition contrary to their adopted Master Plan, there seemed to be support to go in the direction of Residential Condominium, they should first address the Future Land Use Plan, amend that to medium density residential and then remove from the table and report out the zoning change, which then would be consistent with your amended Master Plan. Mr. Engebretson: Thank you for that clarification, and now that you have said that I can see it plain as day. Mr. Nagy: I said it also for the public so they could understand the many steps that are involved in these things and why they take the time they do. Mr. Engebretson: Mr. Nagy,just as a matter of curiosity, has that Realtor given us any indication as to what his clients' wishes or desires are relative to this property,just as a matter of curiosity? Mr. Nagy: Not directly. I can tell you he seems to be working because we do get calls from many prospective purchasers of the property investigating as to the use and status, etc. They are evaluating the development potential of the property. I have had many contacts but again not directly from the Realtor saying an offer has been made or an offer is pending. Mr. McCann: Is there any correspondence Mr. Nagy? Mr. Nagy: No correspondence. Mr. McCann: Again, the Planning Commission is the petitioner in this matter so we will go directly to the audience. Is there anyone wishing to speak for or against this petition tonight? 15231 There was no one else present wishing to be heard regarding this item, and Mr. McCann, "'�► Chairman, declared the Public Hearing on Petition 96-9-7-2 closed. On a motion duly made by Mr. Piercecchi, seconded by Mrs. Blomberg and unanimously approved, it was #10-192-96 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission, having held a Public Hearing on October 15, 1996 for the purpose of amending Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, the same is hereby amended by changing the designation of land located on the east side of Farmington Road south of Eight Mile Road in the West 1/2 of Section 3 from Office to Medium Density Residential for the following reasons: 1) That the present future land use designation is not in the best interests of the City or the surrounding properties from a planning standpoint; 2) That the proposed new land use designation will provide for a variety of housing opportunities to serve the subject area; and 3) That the proposed new land use designation is consistent with the residential uses in the surrounding area. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of the Future Land Use Plan of the City of Livonia which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Preliminary Plat Approval for Glenn's Farm Subdivision proposed to be located on the north side of Six Mile Road between Merriman Road and Stamwich Blvd. in the Southeast 1/4 of Section 11. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. 15232 Mr. Nagy: We have received a letter from the Parks and Recreation Department stating they found no discrepancies in the plat as proposed. We have also received a letter from the Engineering Department stating their office has no objections to this proposal. They further state an off-site storm sewer system will be required to service the subdivision area. Further, it may be necessary to relocate small portions of the existing Purlingbrook (private) gravel roadway which may be currently encroaching into the proposed subdivision area. Also in our file is a letter from the Fire Marshal stating they have no objections to this proposal; however, with no hydrants located on the north side of Six Mile Road, a hydrant should be located on Catherine Court. Mr. McCann: Is the petitioner here tonight? Danny Veri, 18442 Van Road, Livonia: I represent Livonia Builders. We are proposing an 11 lot subdivision as the screen indicates. The home sizes we plan on putting in are 1700 to 2100 sq. ft. They will be all brick on the first floor and some type of siding on the 2nd floor. The last subdivision we did in the City is just about across the street. That is Willow Creek Estates. Not myself, but my parents have been in the City for about 20 years doing developments and different homes and projects. We like working in the community and we would like to ask your permission on this piece as well. There was no one else wishing to be heard regarding this item and Mr. McCann, Chairman, declared the Public Hearing on Preliminary Plat Approval for Glenn's Farm Subdivision closed. On a motion duly made Mr. Engebretson, seconded by Mr. Morrow and unanimously approved, it was #10-193-96 RESOLVED that, pursuant to a Public Hearing having been held on October 15, 1996 by the City Planning Commission on Preliminary Plat Approval for Glenn's Farm Subdivision proposed to be located on the north side of Six Mile Road between Merriman Road and Stamwich Blvd. in the Southeast 1/4 of Section 11, the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat for Glenn's Farm Subdivision be approved subject to the waiving of the open space requirements of the Subdivision Rules and Regulations and to the following additional conditions: 1) That a landscape plan for the required greenbelt to be located on Lots 1 and 11 adjacent to Six Mile Road and an entrance marker plan shall be 15233 submitted to the Planning Commission for approval prior to approval of the Final Plat; and 2) That the City Council modify the requirements of the Plat Ordinance so as to provide for a 50-foot wide street right-of-way and a 55-foot diameter cul-de-sac right-of-way. for the following reasons: 1) That the proposed Preliminary Plat represents a reasonable development proposal for a small parcel of land; and 2) That no reporting City department or public utility have objected to approval of the Preliminary Plat. FURTHER RESOLVED that, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service, and copies of the plat together with the notices have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, and the Parks and Recreation Department. Mr. Morrow: The only comment I want to make, any time I see Livonia Builders developing in Livonia I certainly like it because they build quality v.. homes. Mr. Alanskas: Are we having sidewalks in this subdivision? Mr. Veri: At this time we have not determined that but whatever Council deems necessary. Mr. McCann: Mr. Nagy, on this item, are sidewalks required? Mr. Nagy: Sidewalks are required in R-1. Mr. McCann: Only in RUF they are not required? Mr. Nagy: Subdivision lots in excess of 100 feet, they are entitled to that option although the standard can be reviewed by the City Council. Mr. McCann: At this point they are required? Mr. Nagy: Unless they seek relief from the City Council. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. 15234 Mr. \Teri: May we request the seven days be waived? On a motion duly made by Mr. Engebretson, seconded by Mr. Walsh and unanimously approved, it was #10-194-96 RESOLVED that, the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure regarding the seven day period concerning effectiveness of Planning Commission resolutions in connection with Preliminary Plat Approval for Glenn's Farm Subdivision proposed to be located on the north side of Six Mile Road between Merriman Road and Stamwich Blvd. in the Southeast 1/4 of Section 11. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Chairman, announced that the public hearing portion of the meeting is concluded and the Commission would proceed with items pending before it. Mr. Alanskas, Secretary, announced the next item on the agenda is Petition 96-6-6-3 by the City Planning Commission, pursuant to Council Resolution #138-96, proposing to amend Section 18.58(a) of the Zoning Ordinance with respect to site plan approval in all OS, C-1 and C-2 zoned property, and general office buildings located in ML, M-1 and M-2 districts. Mr. McCann: We need a motion to remove this from the table. On a motion duly made by Mr. Piercecchi, seconded by Mrs. Blomberg and unanimously approved, it was #10-195-96 RESOLVED that, Petition 96-6-6-3 by the City Planning Commission, pursuant to Council Resolution#138-96, proposing to amend Section 18.58(a) of the Zoning Ordinance with respect to site plan approval in all OS, C-1 and C-2 zoned property, and general office buildings located in ML, M-1 and M-2 districts be taken from the table. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: The item is on the floor. Is there any discussion. If there is no discussion, a motion is in order. On a motion duly made by Mr. Engebretson and seconded by Mrs. Blomberg, it was 15235 #10-196-96 RESOLVED that, pursuant to a Public Hearing having been held on August 13, 1996 by the City Planning Commission on Petition 96-6-6-3 by the City Planning Commission, pursuant to Council Resolution #138-96, proposing to amend Section 18.58(a) of the Zoning Ordinance with respect to site plan approval in all OS, C-1 and C-2 zoned property, and general office buildings located in ML, M-1 and M-2 districts, the City Planning Commission does hereby recommend to the City Council that Petition 96-6-6-3 be denied for the following reasons: 1) That the rights of the public and those of private interests are better served by a smooth, efficient and timely site plan approval process such as is currently in place; 2) That the current division of responsibility in the area of site plan approval has served well to protect the public interest when land and buildings are developed in the City of Livonia; 3) That the proposed amendment to the Zoning Ordinance is not required to provide for the necessary protection against the inappropriate development of land and buildings in the City; 4) That the proposed amendment to the Zoning Ordinance will place an unnecessary burden on private development interests, particularly those attempting to develop smaller parcels of land and proposing additions to smaller buildings and support facilities in the City of Livonia. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance#543, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Blomberg, Engebretson, Piercecchi, McCann NAYS: Morrow, Alanskas ABSENT: None ABSTAIN: Walsh Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is a motion by the City Planning Commission, pursuant to Council Resolution#688-96, to hold a public hearing to determine whether or not property located east of Newburgh Road, south of Seven Mile Road, in the Northwest 1/4 of Section 8, in the Caliburn Estates Subdivision No. 2, should be rezoned to PL. 15236 Mr. McCann: Mr. Nagy, is there any new information on this item? Mr. Nagy: This is land that was dedicated to the City of Livonia as a result of the open space requirement in connection with new subdivisions on the east and west side of Newburgh Road south of Seven Mile Road that currently contain a residential zoning classification. Now that they are dedicated to the City of Livonia for park purposes we are trying to establish the appropriate Public Land zoning classification. On a motion duly made by Mr. Engebretson, seconded by Mr. Walsh and unanimously approved, it was #10-197-96 RESOLVED that, the City Planning Commission, pursuant to Council Resolution#688-96, and pursuant to Section 23.01(a) of Ordinance#543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to rezone property located east of Newburgh Road, south of Seven Mile Road, in the Northwest 1/4 of Section 8, in the Caliburn Estates Subdivision No. 2, from R-4 to PL. FURTHER RESOLVED that, notice of such hearing be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of ,,,ow Livonia, as amended, and that thereafter there shall be a report and recommendation submitted to the City Council. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is a Motion by the City Planning Commission, pursuant to Council Resolution#889-96, to hold a public hearing to determine whether or not to amend Section 18.42 of the Zoning Ordinance to regulate the installation of cellular/communication towers, antennas and satellite dishes. Mr. McCann: Mr. Nagy, can you give us a brief description of the intent? Mr. Nagy: The intent is to re-evaluate our zoning ordinance, specifically the section that deals with the installation of cellular and communication towers to try to re-evaluate the standards and requirements to properly regulate those facilities within our community and this will set the wheels in motion to hold a public hearing. On a motion duly made by Mr. Morrow, seconded by Mr. Alanskas and unanimously approved, it was 15237 #10-198-96 RESOLVED that, the City Planning Commission, pursuant to Council r... Resolution #889-96 and Section 23.01(b) of Ordinance#543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to amend Section 18.42 of the Zoning Ordinance to regulate the installation of cellular/communication towers, antennas and satellite dishes. FURTHER RESOLVED that, notice of such hearing be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report and recommendation submitted to the City Council. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is a Motion by the City Planning Commission to hold a public hearing to determine whether or not to amend the Master Thoroughfare Plan by altering the location of Milburn Avenue south of Plymouth Road between Henry Ruff and Merriman in the Northwest 1/4 of Section 35. Mr. McCann: Mr. Nagy, can you briefly explain this item? Mr. Nagy: What we are trying to do is trying to correct a bad traffic situation where the intersection between Milburn Avenue on the south side and Plymouth Road at this location and Sears Avenue in the north are offset by something in the order of 56 to 60 feet and it makes an awkward turning movement because you have an overlapping turning of cars either making a right or left hand turn. What we are trying to do is take advantage of some opportunities to acquire additional right-of-ways to bring Milburn Avenue to properly align with Sears Avenue. We want to amend our Master Thoroughfare Plan. On a motion duly made by Mr. Alanskas, seconded by Mrs. Blomberg and unanimously approved, it was #10-199-96 RESOLVED that, pursuant to Act 285 of the Public Acts of Michigan, 1931, the City Planning Commission does hereby establish and order that a Public Hearing be held to determine whether or not to amend Part I of the Master Plan of the City of Livonia, the Master Thoroughfare Plan, by altering the location of a local street known as Milburn Avenue south of Plymouth Road between Henry Ruff Road and Merriman Road in the Northwest 1/4 of Section 35. 15238 AND that, notice of the above hearing shall be given in accordance with the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Alanskas, Blomberg, Walsh, Engebretson, Piercecchi, Morrow, McCann NAYS: None ABSENT: None ABSTAIN: None Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is the approval of the minutes of the 732nd Regular Meeting held on October 1, 1996. On a motion duly made by Mr. Alanskas and seconded by Mr. Piercecchi, it was #10-200-96 RESOLVED that, the minutes of the 732nd Regular Meeting held by the City Planning Commission on October 1, 1996 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Alanskas, Blomberg Piercecchi, Morrow, McCann NAYS: None ABSENT: None ABSTAIN: Engebretson, Walsh Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Alanskas, Secretary, announced the next item on the agenda is Subdivision Landscape Plan intended for the Castle Woods Subdivision located on the south side of Lyndon Avenue between Newburgh Road and Stonehouse Avenue in the Southeast 1/4 of Section 19. Mr. Miller: Castle Woods Subdivision is located on the south side of Lyndon Avenue between Newburgh and Stonehouse. It is zoned R-3, one family residential. It consists of nine lots. They are asking for approval for landscaping for the subdivision. A note on the plan states that all plant materials shown are to be transplants from trees saved on the site. What they are requesting is approval of landscaping for a 20 foot wide greenbelt along Lyndon Avenue and Lots 8 and 9 of the subdivision. 15239 They have shown 18 spruce trees alternately planted throughout the �..• greenbelt and also 3 cedars or arbor vitae located on the west property line. They are also requesting approval of landscaping for the cul-de- sac island and these trees, which would consist of some leaf trees and six evergreen trees. The trees that are existing there will not be replanted but will be saved in that area and an island will be around those trees. Mr. McCann: Are there any questions from the petitioner. We told the petitioner it was not necessary to be here tonight. If there are no questions, I will look for a motion. On a motion duly made by Mr. Piercecchi, seconded by Mr. Morrow and unanimously approved, it was #10-201 RESOLVED that, the City Planning Commission does hereby approve the Subdivision Landscape Plan intended for the Castle Woods Subdivision located on the south side of Lyndon Avenue between Newburgh Road and Stonehouse Avenue in the Southeast 1/4 of Section 19, subject to the following conditions: 1) That the Landscape Plan marked Sheet 1 dated 9/6/96 prepared by Michael L. Priest & Associates, is hereby approved and shall be adhered to; 2) That all evergreen trees to be transplanted in accordance with this plan shall have attained a height of five (5) feet or greater; 3) That underground sprinklers are to be provided for all new landscaped and sodded areas within the proposed greenbelt and all planted materials shall be installed to the satisfaction of the Inspection Department. 4) That all planted materials shall be guaranteed for a period of two (2) years from the date of installation. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. 15240 On a motion duly made, seconded and unanimously adopted, the 733rd Regular Meeting N.. & Public Hearings held on October 15, 1996 was adjourned at 9:26 p.m. CITY PLANNING COMMISSION RL , py� � Robert Alanskas, Secretary ATTEST: 1,L James C. McCann, Chairman jg