Loading...
HomeMy WebLinkAboutPLANNING MINUTES 1979-01-09 • 6894 MINUTES OF THE 365th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, January 9, 1979, the City Planning Commission of the City of Livonia, held its 365th Regular Meeting and Public Hearings in the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Regular Meeting and Public Hearings to order at 8:05 p.m. , with approxirlately 300 interested people in the audience. MEMBERS PRESENT: Jerome Zimmer Joseph Falk Suzanne Wisler C. Russell Smith R. Lee Morrow Esther Friedrichs Herman Kluver Daniel R. Andrew Judith Scurto Messrs. John J. Nagy, City Planning Director; H G Shane, Assistant City Planning Director; Ralph H. Bakewell, Planner IV; and Robert M. Feinberg, Assistant City Attorney were also present. Mr. Andrew then informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission only makes a recommendation to the City Council, who in turn will then hold their own Public Hearing and decide the question. If a petition involves a waiver use request, and the petition is denied by the Planning Commission, the petitioner then has ten days in which to appeal for relief. Other- wise the petition is terminated. 1E0plr. Falk, Secretary, announced the first item on the agenda is Petition 78-11-2-30 by Lindhout Associates for Community Opportunity Center requesting waiver use approval to construct a one-story residential home for the mentally and physically handicapped on the northwest corner of Lyndon and Bainbridge in the Northwest 1/4 of Section 23. John McLaine: I am with the law firm of Draugelis, Ashton and Scully. We represent Attorney for the petitioner, Community Opportunity Center. We have with us tonight Community several people who will each give a brief presentation on COC. I would Opportunity first like to introduce Jim Mies who is president of COC. Center James Mies: Community Opportunity Center is a Michigan nonprofit organization President of founded in 1965 by groups of parents of retarded children from Livonia, COC Garden City, Redford, Northville and Plymouth. The organization was taken over by the League for the Handicapped. At that point we became inactive. We reactivated the organization about 6 years ago. We have the same communities involved. Our goals are to develop residential housing for semi-independent living adults (with full-time care and supervision) . They will perform work in schools, also at the school at the Stark Center. We established a home in Plymouth which has been in operation for three years. We have 16 mentally handicapped adults. We would like to show some slides of the home in Plymouth. We would like to establish similar type centers in each of the five communities we serve. Our Board of Directors is composed of professionals in special education fields and also some members themselves have a mentally ti handicapped child. All the directors are volunteers. Some of the directors are Join Chontos, Bill Heaton, Don Deremo, Madonna Bagdonas. The operation of the home requires us to supplement the income to maintain the niceties. Mr. Andrew: Who supplements the income of the center? 6895 Mr. Mies: Many service clubs contribute substantial amounts of money. Mr. McLaine: I would like to introduce Mr. John Chontos. Mr. John Chontos: As indicated in the petition it is our intention to house in Bd. of Dir. COC Livonia on this Lyndon/Bainbridge property 16 adults. They will range in age from 18 upward without a ceiling of age. As in Plymouth all will be moderate to high functioning adults. They will come from the community for the most part. We are not in the process of screening any from the institutions. We have sufficient numbers from the northwestern communites of Wayne County. All will be out at least 6 hours a day. They will be attending school up to the age of 26, or will be in competitive employment or will work at a sheltered workshop. We would like to present a 12 minute film strip showing the operation of Plymouth Opportunity Center. Mr. McLaine: I would like to introduce Dr. Greenman, specialist in the field the mentally handicapped. Dr. Greenman: I have worked for 27 years with handicapped persons. COC people are not emotionally handicapped. There is a wide range of difference between emotionally handicapped and mentally handicapped. Mentally handicapped persons tend to be very neat individuals, are passive and very capable of handling many responsibilities. They can be taught many things. They will not have licenses so they are not going to be doing any driving. Mr. McLaine: I would like to introduce next Mary Childs, member of the selection committee and member of the Plymouth City Commission. Mary Childs: We have a selection committee composed of 14 people. We were Selection hopeful that Senator Geake would be able to address you tonight Committee but he was detained at the Capitol. There are doctors, psychologists, for COC and school people on the selection committee. We receive an application; then a complete medical work-up is done. Reports, if any, from schools are obtained. A social worker will go out and visit the home and potential applicant. We go over every applicant in detail. We ask ourselves, "Can this person function in a home situation sharing with others of his type?" "Can he or she go out in the community or work in a sheltered workshop?" We bring the applicant in for a trial period to see if he or she is happy, if the residents of the house are happy, and if the family of the applicant is happy. We have processed 70 applications from Redford, Garden City, Livonia, Plymouth and Northville. These p.=cple are functioning people. They function in the house and in the community and they blend in with the rest of us. I am glad to see so many people here who took an interest. I hope many of you took the opportunity to visit Plymouth Opportunity Center. Mr. McLaine: I would like to introduce next Jim McCann, past Mayor of Plymouth and now a prominent real estate broker in the Plymouth area. Jim McCann: I am sure the question in many minds tonight is how does this Real Estate Broker 6896 tO affect real estate value? I was the Mayor of Plymouth when the property was rezoned for the Plymouth Community Center. We have the rezoning in Plymouth I believe in the summer of 1973. Ground was broken in 1974 and the house was occupied in 1975. The figures I show are from the Data Bank of the Northwestern Realtors Association. They are available at any real estate office. Of course, there has been a tremendous amount of appreciation of property values in the last couple of years. Plymouth values have jumped 18%, in Livonia about 21 to 24% and Canton is about 25%. These are of course inflated figures with new homes coming on the market. The following are some examples I would like to show: A house near the Plymouth Opportunity Center purchased in 1975 for $19,000, electrical and plymbing was upgraded and it was sold about a year later for $31,000. A house that backs up to the Community Center was put on the market on October 30 and sold in 5 days for $44,000.00. This type of home any place else would have sold for the same price. Mr. Kluver: Is this a residential area? Jim McCann: It is a residential area. This property had been zoned commercial for some 10 years. It was changed from commercial to multiple to tie into the property adjoining it. Mr. McLaine: I have a report in front of me by the Lansing Planning Commission A study was made in 1976 and on page 3 of that report it states 1110 there is no relation between half way homes of any kind and property values. This holds true regardless of age, distance to downtown or who lives in the houses. I would like to introduce Bill Lindhout, Architect. Bill Lindhout: This is a picture of what we have designed. We have attempted Architect to deinstitutionalize the building. We have attempted to make it a pleasant place to live and keep the building residential in appearance. We have a perfect piece of property to work with. We have preserved the trees on the corner. The house itself would be to the west of the trees. This is "U" shaped home, the vertical legs of the "U" being sleeping quarters and the center of the building being the activities' center. The garage and parking will be to the west of the site. It is a one-story building approximately 6,400 square feet in size. The "U" forms a privacy yard. We have designed a home that we feel will have an absolute minimum impact on the adjacent structures. Mr. Andrew: What materials will be used on the exterior? Bill Lindhout: We would use face brick for the walls, shingled roof, and minor amounts of some other material above and below the windows. Mr. McLaine: I would like to present Mr. Jan Plask who will explain the financing end. teJan Plask: I have been with the Community Opportunity Center for 10 years. I have been a resident of Livonia for many years. We obtained a 40 year mortgage from the Michigan State Housing Development Authority. The residents who live there are charged a rent based on their capability. The residents have an income from some of the following: 6897 (1) working at a sheltered workshop; (2) Working in the community; or (3) They are eligible for assistance from supplemental security income. The Department of Social Services allows us a determined amount of money for the programs for the residents to be used for anything they might need to further their own goals. Mr. Andrew: Is there any correspondence in the file, Mr. Nagy? Mr. Nagy: There is a letter from Gary Clarke, Division of Engineering, dated December 12, 1978 stating there are no engineering problems. There is a letter dated January 4, 1979 from an area resident the Zurek's, 30981 Lyndon, stating they welcome the COC to the area. Mr. Andrew: Is there anyone in the audience who would like to speak on this petition? Mr. McManamy: There are quite a few of us here tonight that are opposed to this 14200 Lyndon petition. We have had very little time to organize ourselves but we have been able to gather a few things together. First, I would like to ask Mr. Holden to come up. John Holden: I would like to submit the following petition with 457 names 14741 Bainbridge opposing the petition. We all live in the neighborhood. Rick Joseph I have attended prior meetings. I must speak against the granting of 31123 Grennada this petition. Why don't they just ask for a rezoning from residential to multiple dwelling? This house is 6,400 sq. ft. , which is four times as large as any home in the area. There is also no comparison to the Plymouth home and the proposed Livonia home. The Plymouth home is situated in a downtown area with combined residential and commercial. We have no commercial development but strictly residential. Our homes are newly built • where the Plymouth area is much older. What if it should fail? Who is going to buy this home? Certainly a single family would not be interested in such a monstrous home worth 1/4 million dollars in a neighborhood with $50,000 homes. This home would be out of place with the neighborhood. The intentions of the COC are praiseworthy but they have a biased attitude of what is right for themselves and in conflict with the citizens of Livonia. They are infringing upon the rights of the concerned citizens. Mr. McManamy: I was able to gather up 100 persons signatures within the boundary of the proposed site that object to the petition. I also talked to the Ypsilanti Police Dept. and they informed me that they have some 48 homes there and they are a constant problem. Police Chief Moore claims they go out at least 25 hours a month in connection with residents of this type of home. This multiple dwelling zoning will also set a precedent for apartments, or low cost subsidized housing. The City of Livonia rejected low income housing. 16: This may not be exactly the same but it may be a precedent. Our committee is loosely organized. We would like to research it further if the Planning Commission desires. Mr. Morrow: Could anyone respond to the 48 to 50 homes in Ypsilanti? 6898 Chas. Ruckhaber: There are no COC homes in Ypsilanti. There are some homes for juveniles and drug involvement. Also there are foster care units for runaways. That is not fair to mix mentally handicapped with juveniles. Marjorie Green: We have 23 homes throughout the State of Michigan. Two Dir. of Mich. are in Farmington Hills, one in Plymouth, one in Detroit, State Housing but we have none in Ypsilanti. The rest are quite a distance Authority away. Bill Greenman: There are quite a few foster homes in Ypsilanti. Resident: I am opposed to this. I don't want my kids around these people. 14121 Hubbell Mrs. Stratychuck: I am in favor for this to be passed. 30121 Lyndon Phyllis Patterson: I live one mile from the site. I have been a Livonia resident 14100 Henry Ruff for 17 years. I would put my humaneness above my property value. Mr. Yarlott: The placement of this home is amiss. We are new to Livonia 14576 Bainbridge and when we found our home we felt we had found something unique. I am retired and certainly would not like to see my property value affected. What these people are trying to do is a necessary function. There are other places in Livonia that would not require such drastic rezoning. We are getting into an inflationary period and nobody knows what lies ahead. Funding is important. What happens if this falls through after a few years? What then? Mr. Andrew: This is not a rezoning matter. This is a waiver use petition in an RUF zoning. Mr. Yarlott: This is semantics. The neighborhood will be changed if this is granted. What if the building is abandoned in the future? Mrs. Larkin: I am in favor of the home. I lived across from the Stark School 30277 Lyndon while it was empty. There was nothing but trouble. Since it has been turned into a skill center it is 100% better. There are no problems there. John Holden: At Thursday night's meeting at the church, we learned that Mark Riddell who was 20 years old was a substitute at the Plymouth home. He has no training in this field. You pay $4.00 an hour, what kind of care do they get from someone paid such a small amount of money? Then if these people walk around the neighborhood there are no sidewalks. Next you will be putting sidewalks in. We haven't had sidewalks and for 30 years we have been against sidewalks. We don't want them and you'll probably put them in next. I object to the size of the building. The pyramid Corporation in Ann Arbor is boarded up now? What happened there? What about garbage pickup? We will fight this thing to the end. We intend to get a law firm. Mrs. Scurto: Did you visit the home in Plymouth? Mr. Holden: I went past it. Mr. Kluver: I assume that you attended the past meeting? 6899 Mr. Holden: 98% of the meeting. Mr. Kluwer: The opportunity was extended to you then to evaluate the site in Plymouth. As the leader of the group you should have an in depth analysis rather than drive around the building. You could come back with some expertise if you had made a thorough investigation. Mr. Holden: I am not concerned with the inside of the building or who lives there. I am only concerned with the outside and the huge size. Another thing, why are so few people notified? Some were not notified. Mr. Zimmer: We see a lot of people sitting here. It may be incorrect or improper for us not to have notified as many people as should have been notified in your estimation. We have been operating under guidelines that we have used for years. We are trying to get the people's input. We are getting that from you. We have to listen to both sides. It is always the people talking second against a well-manicured professional organization. I get the impression you think we do not hear you. We do hear you. Kurt Lorens: I live across the street from the Plymouth Community Center. 556 Deer I have been there five years. I have two children. There are Plymouth, Mi 67 children contained within the block. We have no problems whatsoever. The people are very gracious. The police have been called only twice to the property because someone was badgering the people there. No one knocked on my door to ask me any questions from this group. I employ mentally handicapped persons but not from the COC. I have no problem. They are more punctual than normal people. Grace Carney: We moved into a residential neighborhood. This is a business. 31221 Lyndon It is funded through the state. Do you want the property in Livonia to be controlled by the state? I don't want to take away from anyone. As far as I am concerned I want to keep the residential look. They could find a larger piece of property. This property is not large enough. What if they add on to the building? They deserve a chance as much as you and I. This organization should find ,a more suitable location. Yes, they belong here in Livonia but not in a residential area. Jim Spilos: I do not wish to talk on the legal matter. About two years ago Pastor, Holy I had the opportunity to meet the director of COC and after that Trinity to tour the Plymouth house. We have become concerned about the Lutheran Church needs of the retarded. The group at Plymouth house had great integrity. The women at our church have committed themselves to a limited amount of funding; We would support a home in Livonia. Jim Atkinson: I am president of the Rotary Club of Livonia. We have been studying 24139 Locust the COC for 5 years. We come in support of this motion. Farmington Hills 16: Rick Joseph: Most of you are not going to live there. We ask for a value judgment from you people. It does not matter if 16 well people live there, 16 dogs, 16 impaired people. That property should not be used for a 6,400 square foot building. 6900 1-40 Charles Ruckhaber: I have my doctorate in this field. I do not belong to this 11036 Cranston organization. I would like to point out that 2% of the population would fall under the category of mentally handicapped. Some of you here tonight look at these people as menaces to the area. You are worrying about garbage pickup and forcing sidewalks. Mr. Andrew: Are there any more comments or questions from the Commission? Is there anyone else in the audience wishing to speak on the matter? There was no one else wishing to discuss this matter, Mr. Andrew declared the Public Hearing on Petition 78-11-2-30 closed. On a motion duly made by Mrs. Friedrichs, seconded by Mrs. Wisler, and unanimously adopted, it was #1-1-79 RESOLVED that, pursuant to a Public Hearing having been held on January 9, 1979 on Petition 78-11-2-30 by Lindhout Associates for Community Opportunity Center, requesting waiver use approval to construct a one-story residential home for the mentally and physically handicapped on the northwest corner of Lyndon and Bainbridge in the Northwest 1/4 of Section 23, the City Planning Commission does hereby recommend to the City Council that Petition 78-11-2-30 be approved subject to the following conditions: (1) that Site and Landscape Plan #7811, Sheet No. 1, dated 11/28/78, which is hereby approved shall be adhered to, and further that all landscape materials as shown on the approved Landscape Plan shall be installed on the site prior to issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition; and (2) that Building Elevations as shown on Plat #7811, Sheet No. 1, dated 11/28/78, which are hereby approved shall be adhered to. for the following reasons: (1) The proposal complies in every respect to the special and general waiver use standards of the Zoning Ordinance as set forth in Section 5.03 and Section 19.06 respectively. (2) The subject site has the capacity to support the proposed use. (3) The residential nature of the proposed use, hours of operation, site layout and proposed means of access to it would be fully compatible with the existing uses of the surrounding neighborhood. (4) The location, size and character of the proposed use will not be detrimental to the continuing orderly development of the surrounding neighborhood. FURTHER RESOLVED that, notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Andrew declared the above motion carried and the foregoing resolution adopted. • 6901 Mr. Falk, Secretary, announced the next item on the agenda is Petition 78-12-1-41 by Dr. Larry J. Sandler, D.D.S. requesting to rezone property located on the east side of Newburgh Road, south of Six Mile Road, in the North- west 1/4 of Section 17, from R-3-B to P.S. Mr. Andrew: What is the depth of this property? Mr. Nagy: 664 feet from the center line of Newburgh Road. Mr. Andrew: Is there any correspondence in the file? Mr. Nagy: A letter from Division of Engineering indicating no engineering problems involved. L. Siegal: The property in question is 140' x 664' . There is a church to Siegal and the south and Newburgh Plaza to the north. There is C-2 to the Associates north. Dr. Sandler is purchasing this property with anticpation of building a medical complex and he would intend to occupy part of the building. We believe the request to rezoning to P.S. is in conformance with future land use plans. It is not suitable for single family residences. P.S. classification is more reasonable. It would be consistent with the orderly development in the area. Mr. Falk: Mr. Sandler, where is your practice now? Dr. Larry Sandler: I am renting space in Northville Township at Five Mile and 40666 Five Mi and Haggerty. Plymouth, MI 48170 Mr. Andrew: Is there anyone wishing to speak on this matter? Comments from the Commission? There was no one else present wishing to be heard on this matter, Mr. Andrew declared the Public Hearing on Petition 78-12-1-41 closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Falk, and unanimously adopted, it was #1-2-79 RESOLVED that, pursuant to a Public Hearing having been held on January 9, 1979, on Petition 78-12-1-41 as submitted by Dr. Larry J. Sandler, D.D.S. requesting to rezone property located on the east side of Newburgh Road, south of Six Mile Road, in the Northwest 1/4 of Section 17, from R-3-B to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 78-12-1-41 be approved for the following reasons: (1) Given the surrounding uses of the area which are a commercial shopping center to the north, public lands of an elementary school site to the east and an institutional use of a Church to the south, professional office uses would be compatible to the area. (2) This rezoning is in no way detrimental to the surrounding and established uses of the area. (3) The proposed zoning change is consistent with the adopted Future Land Use Plan of the City of Livonia. 6902 FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 12/21/78 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Andrew declared the above motion carried and the foregoing resolution adopted. Mr. Falk, Secretary announced the next item on the agenda is Petition 78-12-2-31 by Volk and London Architects requesting a waiver use approval to construct a Children's Day Care Center on the north side of Six Mile Road, west of the I-96-I-275 Expressway in the Southwest 1/4 of Section 7. Mr. Andrew: Do we have a revised site plan? Frank Volk: Yes. Mr. Andrew: Any correspondence Mr. Nagy? Mr. Nagy: The Bureau of Inspection submitted a letter relative to Class 1 fire rating dated January 8, 1979 by John Karol. Mr. Andrew: You are aware that the exterior hardboard siding may be used provided masonry backing is used. Frank Volk: We would like to keep the exterior wooden sided to conform with the residential character. We will build the walls of masonry block and apply wooden siding on the exterior. you Mr. Andrew: I would like/to look at anothermaterial and talk to us next week on some other materials. Mr. Falk: I share your feeling. There is going to be a lot of wind and snow. I don't see much in Michigan that lasts. It is a matter of time and it goes to the devil. I wish you would leave it masonary. Frank Volk: We would like it to appear as a prototype. This is a national firm and they would like some identification. There are some historical buildings around Livonia of wood that look pretty good. We are not of a closed mind though on other materials. Mr. Andrew: There was a comment made that there was in existence a place in Canton. Mr. Volk: It will be a couple of weeks before you can see the exterior. It is located on Sheldon Road, 800 feet north of Warren. Mr. Andrew: Someone expressed concern about a door. Mr. Falk: There is a door in the back. 16: Mr. Volk: Yes, that is a door at the rear. Mr. Andrew: What about the parking spaces? 6903 Mr. Bakewell: There are 22 parking spaces on the site now. That would be for the staff and for patrons bringing children. There would be 5 or 6 if it was just for personnel parking. Mr. Andrew: Can the children be dropped off? Mr. Bakewell: They could go around the island and this walk could be used. Mr. Volk: Procedure is that parents park their cars and walk their child. We will have 11 staff members; 20 to 22 spaces is a good number. Mr. Zimmer: What is opposite the doorway going west? Mr. Volk: Physically handicapped stall. Mrs. Wisler: Is the east side of the building void of landscaping? Is there some reason for that? Mr. Bakewell: There is no landscaping in the play area. Mr. Volk: It will be grassed. Mrs. Scurto: Do you really think anyone is going to use the northwestern six parking spaces? Do you really think anyone is going to get in them? Mr. Volk: That will be staff parking. Mr. Andrew: Do you think the landscaping is sufficient? Mr. Volk: We have nine locust trees, 25junipers and nice crabapple trees. That is a lot. Mrs. Wisler: That area will be very visible from the exit ramp? Shouldn't you have some evergreens on the eastern side? Mrs. Friedrichs: You don't think children will play there? Mr. Volk: You have a good idea. We have no objection to adding six to eight evergreens to the easterly elevation. Mrs. Friedricsh: You have very few windows. Mr. Volk: There are quite a few on both sides. Mr. Andrew: I am concerned with the maintenance of the wood. Mr. Morrow: Will it be a natural type wood? Mr. Volk: It will be stained. Mr. Falk: Would it hurt you financially if we gave you a week so you could come back with one or two proposals. Mr. Andrew: You could give the parking a thought relative to Mrs. Scurto's thinking about parking for parking site. Any more comments from the Commission? Is there anyone else present wishing to be heard on this petition? 6904 There was no one else present wishing to be heard further on this matter, Mr. Andrew declared the Public Hearing on Petition 78-12-2-31 closed. On a motion duly made by Mr. Falk, seconded by Mrs. Scurto, and unanimously adopted, it was #1-3-79 RESOLVED that, pursuant to a Public Hearing having been held on January 9, 1979 on Petition 78-12-2-31 as submitted by Volk and London Architects, requesting waiver use approval to construct a children's day care center on the north side of Six Mile Road, west of the I-96 Freeway in the Southwest 1/4 of Section 7, the City Planning Commission does hereby determine to table Petition 78-12-2-31 until the Study Meeting to be conducted on January 16, 1979. Mr. Andrew declared the above motion carried and the foregoing resolution adopted. Mr. Falk, Secretary, announced the next item on the agenda is Petition 78-11-3-17 by Ross Properties requesting to vacate and relocate a storm sewer easement located on the east side of Angling Road, south of Eight Mile Road, in the Northeast 1/4 of Section 1. Mr. Andrew: Is there any correspondence on this matter? Mr. Nagy: There is a letter from Division of Engineering stating there are no engineering problems. Mr. Andrew: Any comments from the Commission? Is there anyone wishing to speak on this petition? 110 There was no one present wishing to be heard on this matter, Mr. Andrew declared the Public Hearing on Petition 78-11-3-17 closed. On a motion duly made by Mr. Morrow, seconded by Mr. Zimmer, and unanimously adopted, it was #1-4-79 RESOLVED that, pursuant to a Public Hearing having been held on January 9, 1979 on Petition 78-11-3-17 as submitted by Ross Properties requesting a vacating, of an easement located south of Eight Mile Road and east of Angling Road in Section 1, the City Planning Commission does hereby recommend to the City Council that Petition 78-11-3-17 be approved for the following reasons: (1) The subject easement is no longer required to accommodate utilities. (2) The vacating of this easement is recommended by the Division of Engineering. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 12/21/78 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Andrew declared the above motion carried and the foregoing resolution adopted. 6905 Mr. Falk announced the next item on the agenda as Petition 78-11-3-18 by Robert E. and Grace A. McMonagle requesting the vacating of an alley located north of Clarita Avenue between Farmington Road and Westmore Avenue in the Northwest 1/4 of Section 10. Mr. Andrew: Is there any correspondence on this matter? Mr. Nagy: We have a letter from Division of Engineering stating they have no objection to the vacating provided that a full width easement be retained to protect the existing storm sewer and utility poles. We have a letter dated January 5, 1979 from Michigan Bell stating they have no objection provided they have access to their poles. We have a letter dated January 2, 1979 from Dorothy Merritt Cole, architect for the veterinarian. Mr. Andrew: Have we acted on the site plan? Mr. Nagy: Only the waiver use approval and not the site plan. Mr. Zimmer: Can you pave over the easement? Mr. Nagy: Yes. Mr. Andrew: Any further comments from the Commission? Anyone in the audience wishing to speak on the petition? 1.0 Lee Smith: If anyone drove over the sewer it would cave it. Most of the 19007 Westmore people have their fences beyond this alley. I don't think anyone is going to use this alley. Mr. Andrew: We are not going to open up the alley. We are going to vacate the alley because it is not necessary. This will make the fences legal. R.E.McMonagle: Is it all right to go ahead now? I've been waiting a long time 14812 Seminole and going back and forth to many departments. Detroit 48239 Mr. Andrew: We will take care of the matter. Any more comments from the Commission? Anyone in the audience wishing to speak on the petition? There was no one present wishing to be heard on this matter. Mr. Andrew declared the Public Hearing on Petition 78-12-3-18 closed. On a motion duly made by Mr. Zimmer, seconded by Mrs. Scurto, and unanimously adopted it was #1-5-79 RESOLVED that, pursuant to a Public Hearing having been held on January 9, 1979 on Petition 78-12-3-18 as submitted by Robert E. McMonagle and Grace A. McMonagle requesting to an alley located north of Clarita Avenue between Farmington Road and Westmore Avenue in the Northwest 1/4 of Section 10, the City Planning Commission does hereby recommend to the City Council that Petition 78-12-3-18 be approved for the following reasons: (1) The alley has never been developed and no abutting property relies on the use of the alley area for access purposes. 6906 • • (2) The additional 10' to be attached to each abutting property would provide additional depth for existing and/or future uses. (3) No objections have been received from any public utility 1[0 or any City department provided a full-width easement is retained. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 12/21/78 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Andrew declared the above motion carried and the foregoing resolution adopted. Mr. Falk, Secretary, announced the next item on the agenda is a Resolution extending terms of newly elected Officers of the City Planning Commission until July 1, 1980 to coincide with the date of appointments to the Commission made by the Mayor, confirmed by the City Council, such date being June 9th of each year. On a motion duly made by Mr. Falk, seconded by Mr. Kluver and unanimously adopted, it was #1-6-79 RESOLVED that, having considered the fact that appointments to the Planning Commission are made by the Mayor in June of each year, the Planning Commission of the City of Livonia does hereby determine that the term of office of the current officers of the Planning Commission shall be and is hereby extended to July 1, 1980; and BE IT FURTHER RESOLVED that, the Planning Commission of the City of Livonia, having considered the month in which the mayor annually makes appointments to the Planning Commission, does hereby determine to amend Section 1 and Section 2 of Article II, Election of Officers, of the Rules of Procedure of the Planning Commission of the City of Livonia to read as follows: Article II Election of Officers. Section 1. Nomination and election of officers shall be made at the annual organizational meeting which shall be the last Regular Meeting held in June of each year. Section 2. A candidate receiving a majority vote of the entire membership of the Planning Commission shall be declared elected and shall serve for one year or until his successor shall take office, the term to commence on the following July 1. Mr. Andrew declared the above motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 78-12-8-39 by W.L. IL' Carroll Associates, Architects, requesting approval of all plans required by Section 18.47 of Ordinance #543, as amended by Ordinance #990, in connection with a proposal to expand the Montgomery Ward Department Store located at the southwest corner of Plymouth Road and Middlebelt Road in the Northeast 1/4 of Section 35. 6907 • Mrs. Scurto: I noticed you have changed the gray to buff on the facing material. Mr. O'Hara: Yes, it is a tan color. Mr. Zimmer: What about the garden center on the east side and the cyclone fence. Mr. O'Hara: We will have the garden center. The cyclone fence is removed in the fall and put back in the spring. A permanently enclosed garden center tends to be a spot where garbage and junk is stored during the winter months which is unsitely. Mr. Andrew: Any thought to enclosing the entire mall? Mr. O'Hara: There had been some discussion but Ward's portion was so high we decided to expand the store instead of enclosing the mall. Mr. Morrow: The signage has been changed from the first time? Mr. O'Hara: Yes. This model and the plan are in agreement. Mr. Andrew: Any further comments from the Commission? Anyone in the audience wishing to speak on the petition? There was no one else present wishing to be heard on this matter, Mr. Andrew declared the Public Hearing on Petition 78-12-8-39 closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Falk, and unanimously adopted, it was #1-7-79 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, the City Planning Commission does hereby recommend to the City Council that Petition 78-12-8-39 by W. L. Carroll Associates, Architects requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to expand the Montgomery Ward Department Store located at the southwest corner of Plymouth Road and Middlebelt Road in the Northwest 1/4 of Section 35, be approved subject to the following conditions: (1) that site and landscape plan, sheet Al, dated 12/12/78, which is hereby approved shall be adhered to, and further that all landscape materials as shown on the approved landscape plan shall be installed on the site prior to issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition; (2) that Building Elevation Plan, Sheet A, dated 12/19/78, as revised, which is hereby approved shall be adhered to; (3) that the signage as illustrated on the approved Building Elevation Plan, Sheet A, dated 12/22/78, as revised, which is hereby approved shall be limited in size to dimensions as scaled on said plan; and (4) that any additional signage proposed to be either attached to the building or erected separately shall be first reviewed by the Planning Commission and approved by the City Council. I FURTHER RESOLVED that, the Planning Commission does hereby waive the provisions of Section 10 of Article VI of the Planning Commission Rules and Procedure regarding the seven day period concerning effective- nest of Pllwliflq r'ommi.sion resolution. 6908 Mr. Andrew declared the above motion carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 265th Regular Meeting and Public Hearings held by the City Planning Commission on January 9, 1'x70 were adjourned at 11:"25 p.m. CITY PLANNING COMMISSION -00141zilJoseph J. lk, ecretary 40r (// c/OA;;;;1011'r ATTEST: .1(141life A Daniel R. 'ndrew, Chairman 1101