Loading...
HomeMy WebLinkAboutPLANNING MINUTES 2018-03-27 MINUTES OF THE 1,120th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, March 27, 2018, the City Planning Commission of the City of Livonia held its 1,120th Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7:00 p.m. Members present: Sam Caramagno Glen Long Betsy McCue Kevin Priddy Peter Ventura lan Wilshaw Members absent: Carol Smiley Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Chairman Wilshaw informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their filing. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2018-02-01-03 CROSS WINDS COURT Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2018- 02-01-03 submitted by Cross Winds Court pursuant to Section 23.01 of the City of Livonia Zoning Ordinance#543, as amended, requesting to rezone the properties at 34405, 34401 and 34407 Ann Arbor Trail, located on the south side of Ann Arbor Trail between Norwich Avenue and Wayne Road in the Southwest 1/4 of Section 33, from R-U-F (Rural Urban Farm) to R-1 (One Family Residential). March 27, 2018 28545 Mr. Taormina: This is a request to rezone property that is located on the south side of Ann Arbor Trail between Norwich Avenue and Wayne Road. The parcel is provided an address of 34407 Ann Arbor Trail. However, there are two other addresses associated with the property, 34405 and 34401. All three addresses correspond to three homes that are located on this property, which is about 2.7 acres, and measures approximately 148 feet in width by 800 feet in depth. The three nonconforming single-family homes that are located on this property are on the northerly half of parcel, while the remaining back section of the property is vacant. Lying immediately to the west, there is a similar sized parcel that is zoned RUF, Rural Urban Farm, and then lying directly to the east of the property are R-1 homes that are part of the Rouge Trail View Subdivision. The main objective of the rezoning is to subdivide the property so that each of the three existing homes can be located on separate conforming lots and also to allow for the construction of a new home. Dover Street dead ends in the southeast corner of the property allowing for the possible future extension of the road to potentially serve one or more new homesites on the subject property. The plot plan that was submitted with the application shows four parcels. Parcels A and B each contain an existing home with frontage on Ann Arbor Trail. Both parcels would measure approximately 74 feet in width by 170 feet in depth and would conform to the R-1 regulations. The house on Parcel A would be removed and replaced with a new home. Parcel C is the largest of the four parcels and would encompass the home that sits behind the other two homes on Ann Arbor Trail. The address of Parcel C would change from Ann Arbor Trail to Dover Street where a new driveway would be provided from Dover to the residence. The fourth parcel, Parcel D, would constitute a new building site that would also have access from Dover Street, which would be extended part way across the property and end in a T-type turnaround. The Future Land Use Plan currently shows the property as Medium Density Residential, which corresponds with a density range of between 1-to-5 dwelling units per acre. So both the existing zoning of the property as well as the proposed zoning is consistent with the Future Land Use Plan. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Please. Mr. Taormina: There are several items of correspondence. The first item is from the Engineering Division, dated March 1, 2018, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced rezoning petition. We have no objections to the proposed rezoning at this time. The March 27, 2018 28546 existing parcel is assigned the address of#34407 Ann Arbor Trail. The legal descriptions provided appear to be correct and should be used for the proposed rezoning. The existing parcel is currently serviced by public water main, and sanitary sewer and storm sewer are available on the abutting Ann Arbor Trail and Dover Avenue right-of-ways. The developer has been in contact with this Department, and is aware of the site plan requirements including extending the public water main, sanitary and storm sewer to service any proposed lot splits."The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Assessor's Department, dated March 13, 2018, which reads as follows: "In August of 2017, a lot split request was made on the above parcel. The proposed split involved splitting off the back half of the property to create a new building site. The new site would have limited frontage on Dover Street. This proposal violated the accessibility requirement of the Land Division Act and was subsequently denied. A second concern was the nonconformity on the front parcel (three houses on a single lot). Hopefully, there will be a better overall solution with this rezoning and these issues will be addressed. One of the two existing houses on Ann Arbor Trail is in very poor condition. The condition of the house in the rear is unknown."The letter is signed by Mary Ciolino. The third letter is from the Treasurer's Department, dated February 28, 2018, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted petition. At this time, there are no outstanding amounts receivable for taxes. Therefore, I have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. The fourth letter is from the Finance Department, dated March 9, 2018, which reads as follows: "I have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Coline Coleman, Chief Accountant. The next letter was received by the City Planning Commission on March 26, 2018, from Michele Farless, which reads as follows: "My name is Michele Farless. I am the property owner at 34417 Ann Arbor Trail. I have been here 31.5 years. (1) First there is a minimum of 30 days for any property notice. I received notice on either 3-13 or 3-14 and the sign went up the next day. (2) Meeting should not be happening with no plans submitted according to Scott Miller. (3) Ridiculous to even think about chopping this property up because in my opinion he is trying to force me out. (4) Properties at 34405-34401-34407 Ann Arbor Trail have not been kept up at all. They are all rentals. These properties were up for sale awhile ago and all inquiries said they needed too much work. I am wondering how Mr. Soave passes inspection. (5) I know if I March 27, 2018 28547 decide to move, my house will be torn down. Again, I have been here 31.5 years and a loyal taxpayer. (6) I have also spoke with a relator that knows and has worked with Mr. Soave in the past. She too said this whole thing is ridiculous all because of someone money and position." The letter is signed by Michele Farless. Lastly, we received a letter dated March 23, 2018, from Leo Soave Bldg Inc., which reads as follows: "I am requesting that the action of the rezoning of my property located at 34407 Ann Arbor Trail, Livonia, Michigan 48150, Parcel 131-99-0055-000 be tabled until further notice."The letter is signed by Leo Soave. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Mr. Ventura: Mr. Taormina, the letter that you read is from the owner of the parcel immediately west and adjacent to the subject parcel? Mr. Taormina: She gave her address as 34417 Ann Arbor Trail. That is correct. Mr. Ventura: Thank you. Mr. Wilshaw: Any other questions for our Planning staff? Seeing none, I want to note that there was a request from the petitioner to table this item. Typically, when the petitioner requests an item to be tabled, we honor those requests. The petitioner is here in the event that we do have any questions for him. With that, I will start with the Planning Commission and ask if there's any questions of the petitioner or if they would like to make a tabling motion. Mr. Ventura: Mr. Baki, are you going to make a presentation? Sam Baki, 38901 Plymouth Road, Livonia, Michigan 48150. Good evening. Sam Baki, on behalf of the owner, Leo Soave. As Mr. Taormina said, we're wishing to table it so we can figure out a better game plan for the property. If you guys have any questions, I can answer it. Mr. Ventura: The reason I ask, Mr. Baki, is inasmuch as I wasn't here for the study session, and I looked at the plan and I drove there today and I looked at it, I have a lot of questions. But if you're not going to pursue the approval of the plan that is before us, then I'll reserve my questions, Mr. Chairman. Mr. Wilshaw: That's fair. Is there any other comments from the Planning Commission?Again, typically we would have a full public hearing with audience participation and questions of the petitioner. But because the petitioner is not in a position to make a full presentation and has asked that this item be tabled, what we're March 27, 2018 28548 going to do is hold off on questions from the audience. We will wait until this item comes before us again, which will then give an opportunity to hear the full presentation and, of course, we'll definitely allow the audience to participate in that discussion. I think it would be premature at this point to have questions from the audience only to find out that the plans are not finalized. I think that's a fair way to handle this. So with that, if there's a motion to table, that would be in order at this time. On a motion by Priddy, seconded by McCue, and unanimously adopted, it was #03-20-2018 RESOLVED, that in connection with Petition 2018-02-01-03 submitted by Cross Winds Court pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the properties at 34405, 34401 and 34407 Ann Arbor Trail, located on the south side of Ann Arbor Trail between Norwich Avenue and Wayne Road in the Southwest '/of Section 33, from R-U-F to R-1, the Planning Commission does hereby table this item. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. There is no discussion on tabling motions. The item will be tabled to a date uncertain.When the petitioner is ready to have this item brought back before us, they will notify us and we will get it on our next agenda. There is a re-notification as well, right, Mr. Taormina? Mr. Taormina: Yes. Mr. Wilshaw: So we will sent out notifications again to residents so that you will be aware of it and can certainly attend the meeting again. Mr. Taormina: The requirements of the statute are that notices be mailed at least 15 days prior to the hearing and that everyone within 300 feet of the property be notified, and also that it be posted in a paper of general circulation. We typically would post that in the Observer Eccentric newspaper 15 days prior to the hearing. Mr. Wilshaw: So if you're within that radius, the 300 feet, you will be notified. If you're not within that radius . . Unidentified audience member: We couldn't hear what he said. Your sound is not very good. Mr. Wilshaw: I am repeating what he said, sir. Sir, if you're within 300 feet, you'll be notified in writing, which you would have been for this meeting as well. It also will be published in the Observer, the newspaper March 27, 2018 28549 of record 15 days prior. And Mark, there was one other form of notification? Mr. Taormina: The newspaper and notices will be sent by mail to everyone within 300 feet. Mr. Wilshaw: So mail and the Observer. And you can always call the Planning Commission office as well to find out. So there's several ways that you can stay in touch with us. If you have neighbors who are notified, please ask them to let you know. That always helps as well. ITEM #2 APPROVAL OF MINUTES 1,119TH Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,119th Public Hearings and Regular Meeting held on March 13, 2018. On a motion by Long, seconded by Ventura, and unanimously adopted, it was #03-21-2018 RESOLVED, that the Minutes of 1,119th Public Hearings and Regular Meeting held by the Planning Commission on March 13, 2018, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Long, Ventura, McCue, Priddy, Caramagno, Wilshaw NAYS: None ABSENT: Smiley ABSTAIN: None Mr.Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,120th Public Hearings and Regular Meeting held on March 27, 2018, was adjourned at 7:16 p.m. CITY'PLANNING COMMISSION Sam Caramagno, Secretary ATTEST: Ian shaw,7 TIPIPan