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HomeMy WebLinkAboutPLANNING MINUTES 2018-10-16 MINUTES OF THE 1,131st PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 16, 2018, the City Planning Commission of the City of Livonia held its 1,131st 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 Betsy McCue Carol Smiley Peter Ventura Ian Wilshaw Members absent: David Bongero, Glen Long 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 2018-09-01-07 LIVONIA HEALTHCARE Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2018- 09-01-07 submitted by Livonia Healthcare Real Estate, L.L.C. pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the property at 8830 Wayne Road, located on the east side of Wayne Road between Joy Road and Ann Arbor Trail in the Southwest 1/4 of Section 33, from R-1 (One Family Residential — 60' x 120' lots) to OS (Office Services). October 16, 2018 28776 Mr. Taormina: This is a request to rezone property that is located on the east side of Wayne Road between Joy Road and Ann Arbor Trail from R-1 to OS. This property is roughly 2.25 acres in area. It includes 338 feet of frontage along Wayne Road and has a parcel depth of roughly 290 feet. This site is currently vacant. The property adjacent to it to the south is Timothy Lutheran Church. That site is zoned RUF, Rural Urban Farm. There is another vacant parcel that is at the southeast corner of Ann Arbor Trail and Wayne Roads that is zoned C-2, General Business. Immediately to the east of the subject site are residential homes that are part of the Arbor Parkview Subdivision and zoned R-1, One Family Residential. Across Wayne Road are a number of commercial uses zoned both OS, Offices Services, and C-2, General Business. The proposed rezoning to the OS zoning classification would allow for the future development of a nursing and convalescent center that would be called Mission Point Livonia. A conceptual plan was submitted with the rezoning application that shows how the site might be developed should the rezoning move forward. It shows a one-story skilled nursing facility that would contain roughly 66 beds and be just under 43,000 square feet in gross floor area. The petitioner indicated at our Study Meeting that if the rezoning and the subsequent waiver use request for the skilled nursing facility is approved, it is their intention to acquire the licensed beds that are currently in operation at St. Jude Nursing Center, which is located on the north side of Ann Arbor Trail just east of Wayne and move those beds to this new location. The Future Land Use Plan for this area designates the subject property as Low Density Residential, so the proposed change of zoning to Office would not be consistent with the Master Plan of the City. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: There are several items of correspondence. The first item is from the Engineering Division, dated September 19, 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 existing parcel is assigned the address of#8830 Wayne Road. The legal description provided appears to be correct and should be used in conjunction with his petition. The existing parcel is currently serviced by public utilities, but the information submitted does not show proposed connections or calculations, so we cannot determine impacts to the existing systems at this time. Existing utilities are located at the front of the property along Wayne Road, and at the southeast corner of October 16, 2018 28777 the property in the Dover Avenue right-of-way. Depending on the connection points of services to the project, the owner will need to obtain permits from either Wayne County or the City of Livonia. It should be noted that the developer will also be required to obtain Wayne County permits for any work within the Wayne Road right-of-way. We will provide a detailed review once full Engineering site plans have been submitted for approval." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Treasurer's Department, dated September 27, 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 third letter is from the Finance Department, dated September 25, 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 is an email communication from Donald Kleinknecht, dated October 11, 2018, which reads as follows: "If I resided on Laurel Street, I would ask: Will the office space be more than one story? Will the customer parking lot be on the west side of the complex? Will the parking lot be lighted? Will the medical waste and/or trash containers be visible to the residents on Laurel Street? Will Dover Street building extended to Wayne Road? Will the employee parking be east of the building?" That is the extent of the correspondence. Mr. Wilshaw: Thank you, Mr. Taormina. Do we have any questions for our Planning Staff? Seeing none, the petitioner is here. We will need your name and address for the record please. Roger Mali, Livonia Healthcare Real Estate, L.L.C., 721 Elmwood, Troy, Michigan 48083. I'm here on behalf of Livonia Healthcare Real Estate. Mr. Wilshaw: What would you like to add from what you've already heard from our Planning Staff? Mr. Mali: I would just like to add that our intention, as was said here, just to correct that, is for a 64-bed facility. We may have had that incorrect on the plan, but it is for 64 beds. What we're intending to do here is to relocate the licensed beds from the current St. Jude facility. We believe that this project is going to greatly improve the living conditions of the residents there. That's the primary focus for doing this. We are motivated from that October 16, 2018 28778 perspective. This property is going to look and feel very similar to a recent project that has been developed by this team, including the builders here and the architect that's here in Holly, Michigan, in northern Oakland County. I would just add to that. I do apologize. We did fail to bring pictures of that but I will supply this Commission with them and anybody from the audience. That project is in the middle of a residential area. We are going to be building this as a first class facility with first class materials, single unit. I'm sorry, private units with private bathrooms, a very desirable significant improvement for the residents and for the lifestyle of the residents. To address some of the concerns which I know will come up. From an impact and a traffic perspective and, as you'll see on the preliminary site plan, is that all traffic will be coming in and off of Wayne Road. It is our intention to block and shield the residential area so that there is no impact. So there'll be no traffic back there. Obviously, there will be the setback area and greenspace, but there will be no common area between the nursing facility and the residential area as we will have activities towards the front, and that would include trash, medical waste, everything will be coming in and off of Wayne Road as opposed to anywhere in the residential area. Also as part of this, there is no intention and we will not be bringing it before this committee to extend the road or to try and provide any access to this particular location from the residential neighborhood so that all ingress and egress will be from Wayne Road only and not from any of the residential area. I think that addressed the notes. We have the builder here and architect here and we can answer any questions or provide any additional information. Mr. Wilshaw: Thank you, Mr. Mali. The one thing I did neglect to point out at the beginning is that this is the rezoning portion of the process. We're looking at the rezoning of the land from R-1 to OS. That's really going to be the focus of most of our conversation tonight. The conceptual site plan helps us visualize how the property may be used but for our audience's benefit, that's not the actual site plan that we're looking to approve tonight. We do try to limit the conversation to zoning, although realistically we know that it's important to know how the property is going to get used as we consider the zoning. With that, are there any questions for our petitioner? Mr. Ventura: Mr. Mali, I know you're probably not aware of other petitions similar to this that have come to the City and what the reaction has been, but do I understand that this conceptual site plan is kind of a duplicate of another development you've done in another community? October 16, 2018 28779 Mr. Mali: I wouldn't say it's a duplicate, but this site plan is very similar to the design and construction, nearly identical, to what we did in Holly, Michigan. The actual design and footprint is a lithe bit different. That particular one has more of a, I would say it's a full enclosure where this kind of opens up in front. That one is sort of closed off, but very similar but certainly the builder, the designer, the architect, the materials are going to be nearly identical to what we've done already. Mr. Ventura: Okay. I mentioned another petitioner because we had a petition come before us for another site in the City almost identical in configuration to this site, with an initial site plan almost identical to this. They've been at it now for about two and half months. The resulting site plan, if it ever works on than site, isn't going to resemble the one you have here. I can tell you that this site plan wouldn't fly for a whole host of reasons, the least of which, or maybe the most of which is that there is no fire circulation on the site. So you need to put a road around the entire perimeter of this so that fire vehicles could get there, which would totally change the configuration of your site plan and, perhaps, the configuration of your building. To be very honest with you, I'm not much in favor of changing the zoning on this land to start with, but my comments are more towards you taking another look at this and saying, if I have to really change this site dramatically, does it still work for me, because I can tell you it wouldn't fly anywhere close to the way it is now. I simply offer that in an advisory way. I know you're not aware of all the troubles that this other site plan has had in getting approval, but it's been out there for a long time. Mr. Mali: Sure. I guess the only thing I would add to that is we would, of course, review with the architect. Like I said, we have completed a similar project, of course in a difference municipality and that will have different requirements. But I think with this development group and if we got beyond this stage, of course, you could vet with the Slavik Company and Slavik Building and Development, but certainly anything we would need to do to comply with fire and safety, we would of course have to do that. Ms. Smiley: Through the Chair to Mark. Mr. Taormina, our Future Land Use Plan would have this at Low Density residential and then to the south of it Medium Density residential. Is that just confirming, right? Mr. Taormina: It's a two-part question. You can see here from the map, the subject property which is shown here in yellow, that denotes the Low Density residential classification, as with the parcel to the October 16, 2018 28780 south. The parcel immediately to the north, you'll note has a Medium Density residential under the current Future Land Use Plan. Under the proposed Future Land Use Plan, that designation for the land to the north would remain Medium Density residential. It is zoned commercial but designated Medium Density residential. Ms. Smiley: So then right now, the whole lot is really residential and we want to keep it residential. Mr. Taormina: The Future Land Use Plan clearly shows that the subject property is Low Density residential which would correspond to a density range of between one to four dwelling units per acre. Ms. Smiley: Okay. Thank you. Ms. McCue: Just to clarify, again. I think we talked about this the other night, but what is the plan for the property, the current St. Jude property once you take these beds over? What are they going to do with that building? Mr. Mali: We've talked off-line with this. The plan as it is right now is once the beds are relocated, we would demolish that building at its existing site. The plan, again, without really having flushed it out, would be to return it to some form of residential development. Ms. McCue: Thank you. Mr. Caramagno: On that St. Jude question, do you own the St. Jude property? Mr. Mali: I do not. I manage the St. Jude property right now. I'm a related party to the owner of the property, and we've had discussions based on the study session that we had last week. So we're discussing it. We heard what yourself and Ms. McCue said. So we are talking right now about what would the use of that property be after, and it sounds like the desire would be to return it to residential. So we're planning on moving in this direction. Mr. Caramagno: There's nothing solid or locked in if the rezoning were to happen, but the discussion has begun. Mr. Mali: Correct. I think at this stage, being approached with it last week, but contingent on this happening, that is what we're planning to do with the property based on the discussions we had last week. But no, I don't have anything firmed up. But that is the direction that we're going, to return it to a residential-type of use or development. October 16, 2018 28781 Mr. Caramagno: Okay. When we talked last week, why again was this piece of property selected and what else have you looked at in the area? Mr. Mali: The longer history on this is that we originally intended to do the development at the existing St. Jude facility. It is an impossibility. We cannot do it there based on the licensure issues with the State of Michigan and the Certificate of Need. Therefore, we've been forced to locate another property within a particular radius and particular area. We have looked at a lot of different sites, a lot of different areas. Based on the criteria through the Certificate of Need Department with the State of Michigan, we're looking for a site that is within a three-mile radius that's first within the planning area, which is this Livonia area, northwestern Wayne County, and that is within a three-mile radius, and that's how we came about this site. We did hire brokers to look at different sites and have come back with this from both a size, a location, and it's proximity to St. Jude right now. That's how we selected it. Mr. Caramagno: How does this size proposal and what you're looking at now, how does this compare to the size of St. Jude bed-wise.? Mr. Mail: Same. So 64 beds at St. Jude. There will be 64 beds here at this facility. Mr. Caramagno: How do you go about getting a bed license for a facility like this? If you wanted to expand, if this didn't fly and you found a larger piece of property, how do you go about getting a license? Mr. Mali: There are really only two ways that you can get skilled nursing beds as opposed to assisted living beds or some other type of senior housing. For this particular use, the use that's at St. Jude for the skilled nursing beds, you have to have a Certificate of Need and we can obtain those through two ways. One, to buy them from an existing facility, or the second way is to be awarded them from the State of Michigan. So periodically, based on population and density, the State will issue a Certificate of Need or like an RFP for bed licenses and people can compete for those in a particular area. Right now, I do not know that there are licensed beds available for this particular planning area. So for us to do this development, we are looking to buy them from the St. Jude facility. Mr. Caramagno: Thank you. October 16, 2018 28782 Mr. Wilshaw: Are there any other questions for our petitioner? Seeing none, we will look to see if there's anyone in the audience wishing to speak for or against this item. Donald Plasenia, 34579 Dover, Livonia, Michigan. I live in the neighborhood right next to where they're planning on putting a facility. Some of the problems I have is, well, first of all, they brought up is why are you moving from the facility that you're at now to wanting to putting it on a very busy intersection like Wayne and Ann Arbor Trail. Right now, where you're at, is an absolutely beautiful wooded area. There's a river backed up behind you, a bridge. It's all very secluded, very quiet. So why would you want to move it over to where you want to put it? That's one of my questions. At times, it's very, very busy. You can't even get out of the neighborhood right now with cars. Putting a commercial property right there is going to make it even harder to get out and in. Trying to get in through Wayne Road, it's backed up all the way to . . . I can't remember the road. Right there where the river goes over. That would be Joy Road. It's almost impossible for people to get in and out if there were driveways put in there. There's a lot of wildlife right there that goes through there all the time. It's going to have to be eliminated. I just think it'd be impossible. If someone had said about putting a driveway all the way around, there's not enough room to do that. It's just going to be impossible for Fire to get through, ambulances. I just don't think it's a good idea. It's just going to change everything on that one corner to make it worse. That's all I got. Mr. Wilshaw: Very good. We appreciate your comments. Thank you very much. Is there anyone else in the audience wishing to speak? Cathy Lewis, 8913 Laurel, Livonia, Michigan. My backyard would back up to the property, I believe, if I'm looking at the map correctly. I want to echo what my neighbor said. It is very busy. If you try to get out as I've tried many times to get out of the cul-de-sac that we're in . . . in fact, I think I was the fourth house that built in that area. So I have a long history in that area. It is impossible to make a left. The line of cars is just long and a lot of times I go right just to go left. And then also, another thing is that there are a lot of accidents that happen. It's gotten a little bit better, but at that intersection, there are accidents that happen there. I can hear them from my bedroom and I can see the lights from the police cars that come to assist. I can sometimes hear the crashes. It's just a very busy intersection, and I worry about a business being there. When we purchased, we looked to see that it was zoned residential. Obviously, we would like it to stay residential. I just want you to know that. 1 October 16, 2018 28783 Mr. Wilshaw: Thank you, Ms. Lewis. I appreciate that. We have one more person from the audience coming forward. Deborah Dani, 34647 Dover, Livonia, Michigan. Good evening. My property is the one that would be along the whole side of where this building would be, and it is of great concern. I believe mostly what we're all concerned about is our property value and how our property would be affected by a facility such as this. Right now, it's calm and peaceful. We only have deer that travel through there. We have people that go across the lot to go to the Seven-Eleven and ride their bikes or walk through. That sort of thing. So we're kind of concerned about that. You did address one thing, is that this street, where it is a dead end, that's where I am, that it would not continue on through. The concern is what would be there. Is that going to be a barrier wall that's put there? We already have fences along our properties. So that's a concern. We're concerned about the garbage. We're concerned about the possibility that rodents may come in. We just don't have any idea of what that's going to be like. Then also, the traffic. The traffic is impossible now. I've been there 18 years and we like it as it is. Thank you. Mr. Wilshaw: I appreciate that, Ms. Dani. Just so you know, any time the zoning would change to a more intense use, other than residential, like Office or Commercial, the developer would be required to put a wall in separating their property from the residential development. That would be part of the process. Ms. Dani: Okay. Then the existing fences would be eliminated? Mr. Wilshaw: That would have to be worked out in the site plan process, but that's likely to be what would happen. Ms. Dani: Yeah, I have a nice vinyl fence. I had to get permission from Mr. Serno to put up there. Mr. Wilshaw: Right. They're expensive to put up. I understand. Julianne Strong, 8891 Laurel, Livonia, Michigan. I also would be connected to the property. I also am a geriatric nurse and I know what nursing homes are like. Traffic, staffing, leaving at all hours of the night, people coming and going. There's shift changes three times a day. Our quiet neighborhood. We're already on Wayne Road. It is busy. We hear sirens already but that will increase it even more. Everything else everybody else said. The traffic is heavy October 16, 2018 28784 there already. We have a lot of accidents, so I just can't imagine more traffic in that area. That's all I have to say. Mr. Wilshaw: Thank you, Ms. Strong. Is there anyone else in the audience? Seeing no one come forward, I'll close the public hearing. The petitioner can come forward and if there's any comments that were made or questions you would like to answer, you're welcome to. Mr. Mali: Just to respond to some of the questions. First and foremost, why we are doing it was a question. It really is to improve the quality of life of the residents. Where St. Jude is now, we still have, if you can believe this, and I think the geriatric nurse will appreciate this, three, four and five bed wards. It is necessary, and we do need to do this development. And the reason we can't do it there is strictly a licensing issue. It is just an impossibility and we've spent years working on this with the State of Michigan and have been back and forth with them. We've spent a lot of money and we just cannot do that redevelopment at the existing site because of the restrictions and the Certificate of Need regulations. As far as the 1 traffic and the density, I would just emphasize, we are not increasing the density right now. The current location has exactly 64 beds. We will not be putting any additional pressure on the road. Wayne Road is of course a busy road, but it will be the same density and we don't have any intention on that. As far as the other issues, we would of course address those from the barrier separation. Of course the garbage would all have to have enclosures. We would be conscious to protect the area and keep it residential. Again, I neglected to bring pictures, but we have a development right in the middle of a residential area, which is very congruent with the area. It's very private, enclosed. Just to emphasize again, our intention is to have no impact on the residential neighborhood behind there. The egress would front Wayne Road and not on the back side of the property. Mr. Wilshaw: Thank you, sir. Mark, in our packet, we do have one rendering of potentially what the building would look like. I don't know if you showed that as part of your presentation. Mr. Taormina: I do not have that on the slide show. Mr. Wilshaw: That's fine. We do have it in our packet. It is a one-story residential looking building. Mr. Taormina: Correct. October 16, 2018 28785 Mr. Wilshaw: Is there any other questions or comments by the Commission? If not, a motion would be in order. On a motion by Ventura, seconded by Smiley, and unanimously adopted, it was #10-66-2018 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 16, 2018, on Petition 2018-09-01-07 submitted by Livonia Healthcare Real Estate, L.L.C. pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the property at 8830 Wayne Road, located on the east side of Wayne Road between Joy Road and Ann Arbor Trail in the Southwest 1/4 of Section 33, from R-1 to OS, the Planning Commission does hereby recommend to the City Council that Petition 2018-09-01- 07 be denied for the following reasons: 1. That OS, Office zoning at this location would be detrimental to the adjoining residential land uses; 2. That the intended use of the property is not compatible with the adjoining residential land uses; 3. That the existing residential zoning is more consistent with the established pattern of development and character of the area; 4. That the Petitioner has not adequately demonstrated that other sites in close proximity to the proposed site would not be better suited for the development of a skilled nursing center; and 5. That the proposed zoning change is not supported by the Future Land Use Plan, which shows this site as Low Density Residential. 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. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. October 16, 2018 28786 ITEM #2 PETITION 2018-09-02-19 ALDI, INC. Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2018- 09-02-19 submitted by ALDI, Inc. requesting waiver use approval pursuant to Section 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of an ALDI food market at 29330 Schoolcraft Road, located on the northeast corner of Schoolcraft and Middlebelt Roads in the Southwest 1/4 of Section 24. Mr. Taormina: This is a request for a liquor license in connection with the operation of a new ALDI food market under construction currently at the northeast corner of Schoolcraft and Middlebelt Roads. SDM stands for Specialty Designated Merchants license which would allow for the sale of packaged beer and wine products at the store, which is scheduled to open later this year. The license requires waiver use approval pursuant to Section 11.03(r) of the Zoning Ordinance. There are a couple special requirements. The license as proposed cannot be within 500 feet of any existing SDM licensed establishment. The Wine Palace, which is located across the street from ALDI, is actually 525 feet away as measured between the buildings. The Wine Palace operates both SDM and SDD licenses which allow for the sale of packaged liquor products but ALDI's does comply with that requirement. The other special provision in that section of the code deals with separations from any churches or schools. The minimum distance there is 400 feet. There are no churches or schools within 400 feet of the proposed ALDI, so it complies there. Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: There are four items of correspondence. The first item is from the Division of Police, dated September 25, 2018, which reads as follows: "We reviewed the plans submitted by ALDI, Inc. requesting waiver use approval pursuant to Section 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of an ALDI food market at 29330 Schoolcraft Road, located on the northeast corner of Schoolcraft and Middlebelt Roads in the Southwest % of Section 24. After reviewing the plans with the Chief of Police, we have no objections to the waiver being granted, contingent that the petitioner complies with: All State Laws, City Ordinances, Stipulations and conditions set by the Livonia Police Department, Liquor Investigation Unit, as approved by the Chief of Police, and October 16, 2018 28787 Stipulations and conditions set by the Traffic Bureau of the Livonia Police Department.' The letter is signed by Jeffrey Ronayne, Special Services Bureau. The second letter is from the Treasurer's Department, dated September 14, 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 next is an email communication from Donald Kleinknecht, received on October 11, 2018, which reads as follows: "Will the big store squash the little store? The Wine Palace located at 13971 Middlebelt has been recently remodeled. It has good reviews from most individuals who stop and shop there. The addition of another SDM so close to the Wine Castle will affect its bottom line. We as Livonians do not need another business to close its doors because of unnecessary competition." That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Ms. Smiley: Through the Chair to Mr. Taormina. They are not asking to sell liquor. That's a separate SDD, right? They're just asking for an SDM for beer and wine. Mr. Taormina: They are requesting just an SDM, which is just beer and wine products. I spoke to the owner of the Wine Palace today and he has no objections to the proposal. Ms. Smiley: Good. Thank you. Mr. Wilshaw: Our petitioner is here. We will need your name and address for the record please. Mark Kellenberger, ALDI, 2625 N. Stockbridge Road, Webberville, Michigan 48892. Thank you for allowing us to be here. As you're all aware, we came through with the site plan, unfamiliar with the process for the liquor license. So we're back today requesting that. Construction is going well. It looks like the opening date will be pushed into December from November just based on the weather that we recently had, but we're looking forward to a strong opening and having beer and wine as part of that. Mr. Wilshaw: Do we have any questions for our petitioner? Is there anybody in the audience that wishes to speak for or against this item? Seeing no one coming forward, I will close the public hearing and ask for a motion. October 16, 2018 28788 On a motion by McCue, seconded by Smiley, and unanimously adopted, it was #10-67-2018 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 13, 2018, on Petition 2018-09-02-19 submitted by ALDI, Inc. requesting waiver use approval pursuant to Section 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of an ALDI food market at 29330 Schoolcraft Road, located on the northeast corner of Schoolcraft and Middlebelt Roads in the Southwest 1/4 of Section 24, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2018-09-02-19 be approved for the following reasons: 1. That the proposed use of an SDM liquor license at this location complies with all the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; and 2. That the subject site has the capacity to accommodate the proposed SDM liquor license. 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. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #3 PETITION 2018-09-08-08 BP GAS STATION Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2018- 09-08-08 submitted by Jude's Investments, Inc., requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to renovate the existing BP gas station, including demolition of the existing building and construction of a new gas station, at 33265 Schoolcraft Road, located on the southeast corner of Schoolcraft and Farmington Roads in the Northwest % of Section 27. Mr. Taormina: This is a request to renovate and expand an existing gas station property at the corner of Schoolcraft and Farmington Roads. This site is 0.59 acres in size. It has about 210 feet of frontage on October 16, 2018 28789 Schoolcraft and 125 feet on Farmington Road. The zoning of the property is C-2, General Business. The existing property contains a one-story gas station and convenience store that is little bit over 1,000 square feet in size. There are four pump islands with the capacity to accommodate eight vehicles. There is a single overhead canopy structure that is about 73 feet in length that extends over the fuel pumps. Vehicles can enter and exit the site using two drive approaches off Schoolcraft and then another drive approach off Farmington Road. A little bit about the history. It was 2014 when this site received approval to expand the existing gas station building. The plan at that time was to add about 1,300 square feet to the building in order to increase the station's interior retail space and provide space for a future carryout restaurant. That project never got underway and the site plan subsequently expired. The current plan would construct a new two-story structure that would total about 3,500 square feet. The building would be in the same general location as was shown in 2014 and is also in the same general location as the existing building. It's first floor would consist of a retail display area, including walk-in coolers. There would be restrooms, a utility room, sales counter as well as an area devoted for carry-out food service. The second floor consists of two mezzanine areas that would both be used for storage purposes and an office according to the applicant's comments at our study meeting last week. The existing pump and pump island canopy would remain in its current configuration. The only change there would be a shortening of the canopy to accommodate the slightly larger building. The exterior finishes on the building changed from what we looked at the study meeting. The front looks very similar and includes a combination of brick, E.I.F.S. or stucco, fiber cement siding as well as some limestone around the base and metal siding. The building's main entrance would face north towards Schoolcraft Road. There would be aluminum canopies that would overhang the main entrance as well the corner windows and the building would have a maximum height of 30 feet.What's different here is mainly along the rear elevation. If you recall the discussion last week, the petitioner didn't really have a plan for that side of the building. It was just going to be a painted block. We asked them to look at continuing the same materials along the back of the building, which they've done. The revised plans show a combination of brick and E.I.F.S., both above and below the upper part of the façade which would include fiber cement siding to match what's being done on the front and the sides of the building. There's one slight alteration to this plan that the petitioner can describe, and that's the material that would be placed on the front entry tower. On this plan, that shows as a darker color brown brick. They'd like to change that to a lighter October 16, 2018 28790 color tan cultured stone material. Another change from the plan we looked at last week, they were showing a non-conforming setback along Farmington Road. They've adjusted the location of the building to conform with the minimum 60-foot setback requirements. Parking is adequate. This station would require a total of 8 parking spaces. They are showing 11 spaces including 9 along the site's east property line and then an additional two just west of the building including a space for handicap parking. A new trash enclosure would be provided on the east side of the building with masonry sidewalls of a height of 6 feet. The one change there is that the swing gates would have to be constructed out of a solid metal or composite material as opposed to the wood that they're showing currently. There would be no changes to site access, the same driveways off of Schoolcraft and Farmington would be used. The site would retain about 18 percent for landscaping which is slightly more than the minimum that the City requires, which is 15 percent. One thing we required and is reflected in the prepared approving resolution is the submittal of a new landscape plan that would address replacing all of the tired and dead, dying, diseased landscape materials that's currently on the site with a brand new plan. That would have to be presented to the Planning Department before any building permits are issued for the redevelopment. The revised plans show the pavement would be repaired and parking areas would all be restriped as well as new LED light fixtures. These would be 16 feet in height and they would replace what used to be the lights on this site, which are primarily along the entry points. Those have all been removed. I believe there's detail that's included in your plan. We have no information relative to signage, so the prepared resolution will require adherence to the City's zoning standards relative to both monument signage as well as wall signage. Thank you. I can read out the correspondence at this point, sir. Mr. Wilshaw: Yes, please. Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated October 3, 2018, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed project at this time. The existing parcel is assigned the address of 33265 Schoolcraft Road. The legal description provided appears to be correct and should be used in conjunction with his petition. The existing parcel is currently serviced by public utilities, but the information submitted does not show proposed connections or calculations, so we cannot determine impacts to the existing systems at this time. Existing October 16, 2018 28791 utilities are located along both Schoolcraft Road and Farmington Road rights-of-way. The owner will need to comply with the Wayne County Stormwater Ordinance for any new impervious areas associated with the project, which will include storm water detention. Depending on the connection points of services to the project, the owner will need to obtain permits from either Wayne County or the City of Livonia. As the proposed plans indicate a carry-out restaurant is to be constructed along with the other improvements, the owner will need to bring the new construction in conformance with the City of Livonia's Fats, Oils and Grease (FOG) Ordinance. Also, it should be noted that the developer will also be required to obtain Wayne County permits for any work within the Farmington Road right-of-way. We will provide a detailed review once full Engineering site plans have been submitted for approval." The letter is signed by David Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated October 5, 2018, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to renovate the existing gas station, including demolition of the existing building and construction of a new gas station on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Keith Bo, Fire Marshal. The third letter is from the Division of Police, dated October 16, 2018, which reads as follows: "I have reviewed the plans in connection with the petition. I have no objections to the proposal." The letter is signed by Brian Leigh, Sergeant, Traffic Bureau. The fourth letter is from the Treasurer's Department, dated October 1, 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 fifth letter is from the Finance Department, dated October 1, 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. That is the extent of the correspondence. Mr. Wilshaw: Are there questions for our Planning Department? Again, I just want to note that the plan we're looking at that the audience may see on the screen at times is showing north to the bottom of the screen, so it's essentially upside down. Is the petitioner here this evening? We will need your name and address for the record please. 1 October 16, 2018 28792 Johnny Hamade, 33265 Schoolcraft Road, Livonia, Michigan 48150. Ghasan Khalaf, 1636 N. Gulley, Dearborn, Michigan. I'm the design engineer. Mr. Wilshaw: Is there anything else you'd like to add? Mr. Khalaf: I just want to show you the new design. Mr. Wilshaw: The change to the entryway? Mr. Khalaf: That's the new design that affects only the center piece. This is the cultured stone. That's going to be a beige or grayish color. Mr. Wilshaw: We got it. Thank you. Mr. Hamade: I'd like to say something regarding the lights. I did send it yesterday to Scott Miller, so I don't know if he didn't forward it over to you regarding the BP image. I do have it in my email if you want me to forward it to you guys to pull it up for the specs of the sign for the BP. Mr. Wilshaw: If it was just sent yesterday, it may not have made it into our packets, but it will certainly make it into the record for the City Council. Is there anything else you'd like to add? Mr. Khalaf: No. Just ready for your questions. Mr. Wilshaw: Okay. Do we have any questions'? Ms. Smiley: I saw you had samples. I'd like to see them. Mr. Hamade: These are the HardiePlank fiber cement siding. We ordered the colors, the samples. They didn't have any in stock so once the actual grays come in, they are very similar. This is a light gray. The one we've got is called Midnight Gray or something. Mr. Khalaf: This is the gray brick, and this is the brownish red brick. Mr. Wilshaw: Okay. Excellent. Mark, you can point out on the diagram where those components are. Mr. Taormina: Yes. I think it's somewhat self-explanatory. The cement fiber would be the horizontal siding as illustrated here on the upper part of the building, and then the gray brick and brown brick are represented on the lower half of the façade. The other material would be the color of the E.I.F.S. I don't know if you have a sample for that. October 16, 2018 28793 Mr. Khalaf: The E.I.F.S. is going to be very close to this color. Mr. Wilshaw: Similar to the HardiePlank? Mr. Taormina: Yes, and the metal siding. Mr. Khalaf: They didn't have a sample of the metal siding so we're getting one soon. In regard to the center piece, the middle tower, I don't know if you can see this. This is what they're trying to mimic. Something like this. Mr. Wilshaw: You may have to pass that around so we can look at that. Mr. Taormina: It's a stone material but I don't think the color is representative of what they want to do. Mr. Ventura: Would it be the smooth stone on here or the rough stone? Mr. Khalaf: Smooth with a couple bands of stone. Everything is smooth, but these bands are going to be rough. Mr. Ventura: Split face. Mr. Khalaf: Exactly. Mr. Wilshaw: Okay. I think that covers the materials. Is there any other questions? Mr. Ventura: At the study session, we talked about a mezzanine. You mentioned a mezzanine on the inside for storage. Are these actually open mezzanines to the sales floor below or are they enclosed rooms? Mr. Khalaf: They are open so there will be a railing. Mr. Ventura: Okay. Mr. Khalaf: His office is going to be enclosed and the rest will be open. Mr. Caramagno: What are the colors on the backside of the building? It looked like a dark two-tone color. What are those colors on the backside of the building? What is that? Mr. Khalaf: On the back of the building, I just want to add something. This is not going to be a red color. It's going to be gray like the sides. If you see the side, this color here where the door is. The same October 16, 2018 28794 thing is going to continue to the back which is the same color as this. The same thing with the siding, with the dryvit, the stucco material and with the metal band on top Mr. Caramagno: Okay. And the banding on it between the two colors, is that going to be the same as the front as well? Mr. Khalaf: No. This one is not going to continue to the back. Mr. Caramagno: So what is that different color between the two? Mr. Khalaf: This is stucco material and then after that, siding. Mr. Caramagno: Stucco. So between the two colors on the back that I'm looking at, what is that color? Is that going to be a BP green stripe? What is that color going to be? Mr. Khalaf: Let's start from the bottom. It's brick, stucco, siding, stucco and then metal band. Mr. Caramagno: The stucco will be what color? Is it going to be a painted color? Mr. Khalaf: Yes. It's going to be a painted color. Mr. Caramagno: Is the painted color going to be BP green? Mr. Khalaf: No. It's going to continue with the same theme like this. Mr. Caramagno: Okay. Thank you. Mr. Hamade: The color of building will not represent any of the color of the logo because if I decide to put a Marathon in the next four or five years, I don't want to be stuck to one color. So it's going to be neutral. Mr. Ventura: The brick samples look like thin brick. Are you using full four-inch brick on the building? Mr. Khalaf: Exactly. This is just for presentation purposes. Mr. Ventura: Thank you. Ms. McCue: Taking away from the outside, you're talking about carryout food. Are you looking at a franchise? Are you looking at doing your own? Mr. Hamade: I haven't made up my mind yet. I currently have a Subway so I don't know if it's going to be a franchise or we're going to do October 16, 2018 28795 something on our own. As time goes on and we get like half-way through, we'll come up with something. Ms. McCue: Okay. Thank you. Mr. Wilshaw: Are there any questions from the Commissioners? Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, a motion would be in order. On a motion by Smiley, seconded by McCue, and unanimously adopted, it was #10-68-2018 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2018-09-08-08 submitted by Jude's Investments, Inc., requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to renovate the existing BP gas station, including demolition of the existing building and construction of a new gas station, at 33265 Schoolcraft Road, located on the southeast corner of Schoolcraft and Farmington Roads in the Northwest 1/4 of Section 27, be approved subject to the following conditions: 1. That the Existing/Demo and Proposed Site Plan marked Sheet No. A-01, prepared by Ghassan Khalaf, Licensed Professional Engineer, as received by the Planning Commission on October 12, 2018 is hereby approved and shall be adhered to; 2. That the parking lot shall be repaired, resealed and restriped as necessary to the satisfaction of the Inspection Department. Parking spaces shall be doubled striped at ten feet (10') wide by twenty feet (20') in length; 3. That a fully detailed landscape plan shall be submitted for approval to the Planning Department within sixty (60) days following approval of this petition by the City Council; 4. That the Elevation Plan marked Sheet No. A-02, prepared by Ghassan Khalaf, Licensed Professional Engineer, as received by the Planning Commission on October 12, 2018 is hereby approved and shall be adhered to; 5. That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the October 16, 2018 28796 building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall be maintained and when not in use closed at all times; 6. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 7. That any illumination of the pump island canopy shall be restricted to the undercarriage, and all light fixtures shall be recessed and made flush with the established ceiling; provided, however, that this section shall not apply to those specified signs which are expressly allowed by the district regulations of the Zoning Ordinance; 8. That all light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadway; 9. No outside storage, placement or display of merchandise shall be permitted at any time on this site; however, the foregoing prohibition shall not apply to the display, on the pump islands only, of oil based products as permitted in Section 11.03(a)(12) of the Zoning Ordinance; 10. That free air shall be provided at all times this station is open for business. The free air shall be dispensed at the point of service without having to enter the station or perform any extra action to obtain the air without charge; 11. That there shall be no vehicle vacuum equipment or outdoor placement/storage of propane cylinder storage units on the site; 12. That the sale of ice shall be restricted to the inside of the building; 13. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 14. That no part of the pump island canopy fascia, except for signage, shall be illuminated; October 16, 2018 28797 15. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the pump island canopy, building or around the windows; 16. That unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited; 17. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 18. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Mr. Wilshaw: Is there any discussion? Mr. Taormina: Regarding condition #3, the submittal of a landscape plan, I know we had talked about this at the study session and whether or not it would go back to the Planning Commission and Council, or just the Planning Department. The language states Planning Commission and Council review. Ms. Smiley: We can make it to the Planning Department. It's okay with me. Mr. Wilshaw: The maker and seconder agree to change that to the Planning Department review. That's the amended motion. Is there any other comments on the motion? Ms. Smiley: No, other than I appreciate what you did with the back of the building because you see that a lot when you're going northbound on Farmington. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. October 16, 2018 28798 ITEM #4 APPROVAL OF MINUTES 1,129TH Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,129th Public Hearings and Regular Meeting held on September 18, 2018. On a motion by Smiley, seconded by Caramagno, and unanimously adopted, it was #10-69-2018 RESOLVED, that the Minutes of 1,129th Public Hearings and Regular Meeting held by the Planning Commission on September 18, 2018, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Smiley, Caramagno, McCue, Wilshaw NAYS: None ABSENT: Bongero ABSTAIN: Ventura Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #5 APPROVAL OF MINUTES 1,130TH Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,130th Public Hearings and Regular Meeting held on October 2, 2018. Mr. Caramagno: This one is a little bit more complicated because myself, Ms. McCue and Mr. Ventura were not there. What is your pleasure? Mr. Wilshaw: With that, because there's only two voting members present for this meeting, we will move this item to our next regular agenda if there is no objection from anybody on the Commission. On a motion duly made, seconded and unanimously ado, ed, the 1,131 st Public Hearings and Regular Meeting held on October 16, 20 was adjourned at 8:07 p.m. CITY PL , NING COMMISSION Sam Ca :magno, Secre ary ATTEST: 1 Ian Wilshaw, Chairman