HomeMy WebLinkAboutPLANNING MINUTES 2012-12-18MINUTES OF THE 1,034rH PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, December 18, 2012, the City Planning Commission of the City of
Livonia held its 1,034`h Public Hearings and Regular Meeting in the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan.
Mr. Lee Morrow, Chairman, called the meeting to order at 7:00 p.m.
Members present: Scott P. Bahr R. Lee Morrow Lynda L. Scheel
Carol A. Smiley Gerald Taylor Ian Wilshaw
Members absent: Ashley V. Krueger
Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program
Supervisor, were also present.
Chairman Morrow 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 tum, 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 wnting, 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 fling.
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 2012-10-01-06 RJ REALTY
Ms. Scheel, Secretary, announced the first item on the agenda, Petition 2012-10-
01-06 submitted by RJ Realty Holding Company, L.L.C.,
pursuant to Section 23.01 of the City of Livonia Zoning
Ordinance #543, as amended, requesting to rezone the
properties at 37450 and 37478 Schoolcraff Road, located on the
north side of Schoolcraff Road between Newburgh Road and
Richfield in the Southeast 1/4 of Section 19, from OS (Office
Services) and R -U -F (Rural Urban Farm) to C-2 (General
Business).
December 18, 2012
25509
Mr. Taormina: This rezoning request involves two parcels, 37450 and 37478
SchoolcraR Road. The request is to rezone these properties
from their current zoning classifications of OS, Office Services,
and RUF, Rural Urban Farm, to the C-2 General Business
classification. These properties are located at the northwest
corner of SchoolcraR Road and Newburgh Road. Immediately
to the north and to the west of the subject properties are homes
that are part of the Zimmerman and Porters SchoolcraR Estates
Subdivision, which are zoned RUF, Rural Urban Farm. Across
Newburgh Road to the east is the site of the Felician Sister's
properly or vacant land owned by Madonna University, and to
the north of that is the developed portion of the Angela Hospice
Care Center. To the south across the highway are industrial
properties, but immediately adjacent to the properly on the
south side with frontage on SchoolcraR Road is the 1-96
Expressway. The properties in question measure in combined
area about 2.58 acres. This includes 375 feel of frontage along
SchoolcraR Road by a depth of 300 feel along Newburgh Road.
The OS zoned property is 37450 SchoolcraR and that parcel
measures 300 feel by 300 feel. It contains a 25,400 square fool
one-story office building which is currently vacant. The RUF
property, which is 37478 SchoolcraR abutting the OS property
along its west property line, measures about 75 feel along
SchoolcraR Road with an equivalent depth of 300 feel.
Currently this site has a garage located on it. Included with the
petition is a conceptual plan that shows how the site might be
developed should the rezoning move forward. The purpose of
the rezoning is in anticipation of a complete redevelopment of
the properties for both retail and office purposes. The
conceptual plan shows a single L-shaped building measuring
approximately 20,367 square feet in gross floor area. The
configuration and the placement of the building is very similar to
what currently exists. The building would be divided into five
units. There would be an office with approximately 9,200
square feet located on the northerly portion of the site. There
are four other tenant spaces shown including three restaurants -
one full service restaurant measuring about 5,300 square feet,
two limited service restaurants measuring 1,600 square feet and
1,880 square feet, respectively, and then a convenience store
that totals roughly 2,300 square feet. The plan also shows five
fuel dispenser islands located in front of the convenience store
between the building and Schoolcmft. These would have the
capacity to accommodate two pumps per island or a total of
roughly 10 vehicles. Also anticipated as part of the development
would be a drive-thm lane, which is shown on the west side of
the building. That indicates one of the limited service
restaurants would contain the drive-thru portion. The access to
the site is shown both from Schoolcraft as well as Newburgh
December 18, 2012
25510
Roads as it currently exists, although this plan does show two
additional drive approaches close to the intersection of
Newburgh and Schoolcraft Road. There are two existing
approaches, one in the southwest comer of the properly and
then another existing drive approach off Newburgh Road in the
northeast comer of the property. More details on the layout and
the development of the restaurants would be provided at the
time the site plan or waiver use is applied for if this rezoning
moves forward. In terms of the Future Land Use Plan, it
currently shows the site as a combination of both office and
residential which reflects the current use of both properties.
With that Mr. Chairman, I can proceed with reading the
correspondence.
Mr. Morrow: If you would please
Mr. Taormina: The first item of correspondence is from the Engineering
Division, dated November 26, 2012, which reads as follows: "In
accordance with your request, the Engineering Division has
reviewed the above -referenced rezoning request. The written
legal description provided is conect. The addresses for these
two parcels are confirmed to be 37450 and 37478 Schoolcraft
Road. Sanitary sewer and water main are both located in the
Schoolcraft Road right-of-way for these parcels. Stormsewerto
serve this parcel is located on the east side of Newburgh Road.
Both Schoolcraft and Newburgh Roads are under the
jurisdiction of the City of Livonia. The petitioner is hereby
notified (via copy of this correspondence) that any site changes
which would impact public utilities, road right-of-way,
easements, or changes in storm or sanitary sewer volumes
must be approved by the Engineering Division of Public Works.
Should this project proceed, it is important that the developer's
architect/engineer address storm water drainage changes as a
result of these site changes, to ensure that there is no negative
drainage impact to any property. Stormwater tmatment/retention
will be required. We art; providing the owner, for informational
purposes, a copy of Section 13.42 of the City Ordinances. This
Ordinance limits the amount of Fats, Oils and Grease (F.O.G.)
which can be discharged to the City sanitary sewer system to
100 milligrams per liter by weight, unless written approval is
obtained to exceed this amount. This Ordinance also provides
information on grease trap/Interceptor requirements. The
Ordinance is also available on our website at
wwwci.livonia.mi.us." The letter is signed by Kevin G. Roney,
P.E., Assistant City Engineer. We have also received a petition
that reads as follows: "The following Livonia residents and
homeowners oppose the rezoning of 37450 and 37478
Schoolcraft Road, located on the north side of Schoolcraft
December 18, 2012
25511
between Newburgh and RichfWd, hom OS (Office Services)
and RUF (Rural Urban Farm) to C-2 (General Business)." This
petition is signed by 146 persons. We also have a letter dated
December 18, 2012, which reads as follows: "We moved to this
section of Livonia in 2003 specifically because of its current
zoning and country charm. We strongly oppose this request
submitted by RJ Realty Holding Co. to rezone properties at
37450 and 37478 Schoolcraft Road. We hope our Planning
Commission members will adhere to our current zoning laws.
We also feel this could create much more traffic. As you know,
RichfWd is a dirt road and very costly for the City to maintain.
More traffic would put more stress on our road and its residents.
Therefore, we urge you to deny this request. Unfortunately, a
prior commitment has kept us from attending this hearing.
Thank you for your services to the citizens of Livonia." The
letter is signed by William and Janet McWhorter, 14050
Richfield Street. That is the extent of the correspondence.
Mr. Morrow: Are there any questions for the staff?
Mr. Wilshaw: Through the Chair to the Planning Director, we don't really have
a mixed used zoning available in the City. We've talked about
this in the past, which is essentially what theyre asking for on
this properly though. If we rezone it to C-2 and there is still an
office building on the property, how is that office building
handled as far as the rezoning? Is that an acceptable use in
that zoning or does that become a waiver for that use?
Mr. Taormina: The office would be treated as a permitted use under the C-2
zoning. It's deemed a less intensive commercial use and is
therefore part of all the permitted uses within the C-2 zoning.
Mr. Wilshaw: Okay. Thank you.
Mr. Morrow: Are there any other questions? Seeing none, I'll request the
petitioners to come forward. We will need your name and
address for the record please.
Tony Monk, 17348 Pershing Street, Livonia, Michigan 48152. I'm the land
planner representative for the petitioners. I'm also the
landscape architect so when we move to site plan submittal, I'll
do the planting plans. It will look very similar or better to the
color graphic that we presented. A little bit of history. As you
correctly stated, it's presently an office use with two large brown
office buildings connected by a corridor that have been vacant
for three years and are generally out of scale to the
neighborhood and offer no real service to the neighborhood.
The intent for this development is to offer services that are in
December 18, 2012
25512
scale and a building that is in scale to the community and are
supported by the local neighborhood and community as well as
all the Felician Sister's properties, the university, the high
school, the hospitals. So we see in this piece of land an
opportunity to provide a walkable mixed use development that is
supported by the neighborhood. I live at Six and Inkster behind
the Value Center. I'm 300 feet from the Value Center. It's a
little bit longer walk because I have to go around it. Since
moving to Livonia two and half years ago, I haven't driven to get
groceries once, and that's the vision for this development. It's
not a grocery store obviously, but to walk to gel your coffee, to
walk to this neighborhood gnll restaurant, this mixture of uses is
intended to make the paroel more attractive and f11 that office
space. What the developer sees is competition in this market to
fill the office space, people competing with places like Northville
which is a very walkable little community. Birmingham and its
downtown is very walkable. Ann Arbor is competition. So the
idea is to make the office space viable again and all of this
mixture of uses, a mixed use zoning, would be ideal. Each use
helps the other one stand up and it makes this parcel more
viable. It makes the community walkable. It will get a higher
walkabilily score and hopefully raise the adjacent property
values by making it more attractive to the next generation of
home buyers while protecting the existing homeowners through
vegetative buffers, nice landscaping, the maximum height and
width of barter walls that we're allowed to put in we'll put in.
The cut off lighting to meet the standards - all the standards are
in place to protect the homeowners and we'll do that. Even
better, we'll make a viable vibrant piece of property that's no
longer vacant, which to me personally is more scary. I can't
imagine if my corner at Six and Inkster had been vacant for
three years. I'd much prefer to have something that I can walk
to and do our business. And that's the idea for the property and
that's what really makes it, in our mind, a nice addition to the
community, supportive of the neighborhood, moving towards
this walkable idea, the way that Livonia and its Master Plan is
trying to gel to. I think that's pretty much the summary.
Architecturally, what we're trying to do with these buildings ...
this is the existing building. We're just shaving some off the
front of it and adding this character to make them into more
pedestrian scaled, it looks like it belongs in a neighborhood. It's
no longer a big block of office space. Put a new skin on
everything and put new little facades and bump -outs and
windows and really make this thing an attractive piece of the
community as opposed to this office that's just kind of plopped
in here. We feel very strongly that the mixture of uses is going
to increase the value of the property and make it viable. I think
December 18, 2012
25513
I'll lel Rick, the developer, fill in because he's done some more
legwork and fill in any gaps that I've missed.
Mr. Morrow: Thankyou.
Rick Wynns, RJ Really Holding Company, L.L.C., 33655 Elmira Court, Livonia,
Michigan 48150. I'm an owner in RJ Realty Holding Company.
If I could just follow up to what Tony had said. I'm a Livonia
resident for 16 years and have raised three children here. I live
in a very similar situation to this which we actually moved in the
area for. In having the three children, we went from our home in
the back of the community almost .9 miles to walk out of
neighborhood. It started with pushing buggies, pulling the cart
with the kids in it and riding our bikes up there, walking and
going up to say the Senate or the Subway. It definitely brings a
more vibrant and aftemoon activity that you can get involved in
and obviously eat your extra Coney fries because you know
you're going to walk home if you choose. If not, its still
something that we enjoy as our family and our entire
neighborhood does, the Omngelawn Woods Subdivision. We
all go up there. We meet up there. It's a meeting place for all of
us, and a friend from there is actually opening a restaurant right
across the street so we will walk to that as well. With that
though, knowing what people like and need and desire in
customer service, we will bring to this project a small town feel
and everybody that walks in there will be treated like the people
that are serving you actually care that you're there. Customer
service these days is not worth a darn in a lot of places. You
can go in and it's like you're bugging somebody because you
want a product that they are supposed to be serving. We will
guarantee that we will do our best to make this a place that you
want to go back to. For instance, I used to go to a particular
store for the first 10 years of my Livonia residence, and for the
last four or so years I've been going to Buscemi's on Plymouth
Road instead of the other place because the general manager,
Ray and LaMar, treat you .... they know me. They know my
kids' names. They give the kid a lollipop, my boy, my kids, and
to me that's means something in an environment, in a
community. It's not just buying something and walking out and
going home and going to the next store and buying something
and walking out and go home or to work. I'd like to provide that
opportunity. I understand a situation like this with a coffee shop
will bring a lot of police to the area. Cops, donuts, coffee
we will keep the police officers of Livonia well stocked with their
needed caffeine as long as we possibly can if offered that
opportunity. But back on the community orientation, I would
love to be a part of supporting local sports teams, chanty
events, golf outings under whatever name, if it's under the
December 18, 2012
25514
corporation name or a tenant name. But that's our idea and I
did speak with many of the folks in the audience tonight and
brought the idea to them to speak with them and share directly
with them so they feel informed, and I certainly honor and
appreciate community involvement, however it may work out,
but that's the objective and I try to stay involved in the
community as well.
Mr. Morrow:
We appreciate the fact that you did take the time to meet one on
one with some of the residents in the area.
Mr. Wynns:
As many as possible, sir.
Mr. Morrow:
Is there anyone else in your group that would like to present?
Does the Commission have any questions of the gentleman?
Mr. Bahr:
Are you going to be operating these restaurants or will they be
subleased out? You were talking as if you were going to be
managing them.
Mr. Wynns:
We intend to own and operate each entity.
Mr. Bahr:
Do you have prior experience doing that?
Mr. Wynns:
My first business is actually a hotel in Battle Creek. We have
turned that hotel around. I actually have letters from the Battle
Creek Chamber of Commerce and Visitors Bureau that states
how well we are involved in the community and the money
we've put into the property. We're doing very, very well within
just one year now. January 1 actually, will be one year.
Mr. Bahr:
Do you currently own the existing building?
Mr. Wynns:
This building?
Mr. Bahr:
Yes, the building that's on the property.
Mr. Wynns:
A purchase agreement has been signed.
Mr. Bahr:
And you're saying that building is vacant right now or mostly
vacant? What is the vacancy rete of that building?
Mr. Wynns:
There is one tenant I believe that rents approximately 2,000
square feet, and it's currently 25,000 plus square feet. We
intent to consolidate it for ease of movement.
Mr. Bahr:
Has that been the case for a long time, or what's been the
vacancy rete in that building, say the last five years?
December 18, 2012
25515
Mr. Wynns:
I can't speak to five years but the last several years I'm quite
sure it's only been that one tenant that I'm aware of. I've spent
a lot of time in that parking lot.
Mr. Bahr:
Okay. Thank you.
Mr. Morrow:
Anyone else? Is there anyone else in your party that would like
to add anything?
Mr. Wynns:
I don't believe so, but if I could add one more thing.
Mr. Morrow:
Certainly.
Mr. Wynns:
On the community, and I'm sorry I overlooked this, we anticipate
just the tenants, not the office space, bringing at lead 60 jobs to
Livonia residents. We would obviously prefer community, local
residents be at the college, high school level, whomever
chooses to work within Livonia, any qualified Livonia resident is
going to be offered fret prionty for employment.
Mr. Morrow:
Okay. Thank you.
Mr. Bahr:
One more question if I could. Have you done any studies as far
as just the market for additional restaurants in that area?
Mr. Wynns:
Not specific as in hiring a marketing company or anything, but
my business partner has numerous stores, restaurants and
we've been doing our own personal studies, and talking to a lot
of people in Livonia slating that it could use another such entity.
Mr. Bahr:
I'm all set. Thank you.
Mr. Wilshaw:
I want to hear the residents before I gel into too many
questions, but I do want to understand your thought process as
to why you came up with this type of proposal at this property.
Was it that you saw this property and said, hey, I can envision
this being a multi -use facility, or is it, hey, here's this office
building that doesn't seem to be doing so well. Let's figure out
something else to do with it. What brought you to this property
and this particular proposal?
Mr. Wynns:
I would say yes to both of those questions. It was, yes, I
envisioned this project. As I mentioned previously, because of
where I live, the pleasure it brings to my family and neighbors as
well as it's got so much future potential. I want to remain in
Livonia. I intend to remain in Livonia and retire in Livonia. I want
my kids to stay in Livonia. It depends on where they go to
Mr.
December 18, 2012
Yes.
25516
Mr.
school and all that, but I think it's an opportunity to look down
Okay.
the road for opportunities in Livonia.
Mr. Wilshaw:
Okay. Thanks.
Mr. Morrow:
Commission, anything else? I'm going to ask you to step aside.
Al this juncture I'm going to go to the audience. What you saw
here tonight is a zoning request. We've seen things on the site
plan that would require, should this be approved,
the petitioner
to come back to seek waiver use, which
would be the gas
station. Mark, do we have any type of waiver for the drive-lhru?
Is that a requirement?
Mr. Taormina:
That is a separate waiver use requirement as are the
restaurants. So you've got potentially four types of waivers,
maybe even five, depending on other operations within the
convenience store.
Mr. Morrow:
I just wanted to clear that up for the benefit of the audience.
Even though the zoning is C-2, that does not in itself allow the
whole operation as we see it tonight to go forth without
additional waivers as indicated by the Planning Director. So
with that note, is there anybody in the audience that wishes to
speak for or against the granting of this petition? I'll ask you to
come to one of the either two podiums and we'll need your
name and address for the record. If there is going to be a
group, in the interests of time, we would appreciate it you would
position yourself so you can easily get to the podiums so we can
move the meeting right along.
James Maedel,
13980 Richfield, Livonia, Michigan 48154. 1 approximately back
up to this. See the second lot in off of SchoolcraR Road? See
that beautiful cement red wall that's going to be 50 feel from my
back door?
Mr.
Morrow:
Yes.
Mr.
Maedel:
Okay.
I built my home in 2000 and I came to this area because
of the rural and country atmosphere that it brings us. When I
built, I came to the City, or my builder came, and we knew that
the lot behind me was rural and the other one was office
business, which meant it was a Monday through Fnday, 8 to 5
operation. That was my choice. I was all right with that. In fact,
the gentleman even asked, he said, he told my builder, he says
by rights I have to put a cement wall across. Do you want it? I
said, no. You've got a beautiful building. You guys are here
Monday through Friday. I have no problem. I don't need the
wall. Wide open space. I understand where he's coming from.
December 18, 2012
25517
He likes going up to where he's at, but the question to me is, he
moved there knowing that was there. I moved there, built there,
knowing what was there. With that said, I dont want it rezoned.
I want it to stay as it is. You asked in the Iasi five years how
empty that building was. They had the union there up to two,
three years ago, and it was solid. They filled it to the max. We
all went through a recession. I lost my job. My biggest asset is
my house. You put this in; my value is going down. I asked the
man that came to my door, I said, answer me a question.
Would you want it in your background? I understand where
you're coming from. I said, no, do you want it in your backyard?
Well, I understand where you're coming from. He didn't answer
me, but he did. No he doesn't. He can give you all the song
and dance he wants, but I myself am totally upset about this.
There are plenty of empty buildings and paroels throughout
Livonia. You don't have to come into our residential area and
upset housing. A lot of questions haven't been answered. Is
this a 24 hour, 7 day a week? Il dont matter. I don't care if they
close at 5:00 at night. I don't want gas stations behind my
house. I don't think any of you would either. The traffic is going
to be atrocious. There is no right hand tum lane on Newburgh.
To get out of the gas pumps, you either got to shoot across all
lanes of SchoolcraR to gel to the bridge to turn around, or drive
a half mile down for the turnaround, or conveniently, Tel's turn
around on Richfield and go down through the subdivision. We
have enough traffic with people going to the expressway from
the subdivision but that's all right. They're residents. We're not
asking for more. Is this a necessity to the City of Livonia that we
have this with all the closings of restaurants throughout the
building? Go down Farmington Road. How many gas stations
have closed in the last couple years? We closed one at Six and
Farmington, didn't we? We closed one at Seven and
Farmington and the same at Eight and Farmington. This seems
like a great business to gel into. Change in the general
business I think just opens the door to whatever they want to do.
If this don't work, the zone's changed. We cant redo it. One
thing, this brought me together meeting a lot of neighbors. Me
and my wife and a few of the neighbors walked around with
petitions. There is no one there for it. One person said, I'm
neutral. I don't want to get involved. Everybody else is, where
do I sign? We were told that if that got rezoned office, it would
never change and it definitely wouldn't go to retail. Here we are
today. I live in Livonia. I was born in Livonia, moved out, came
back and raised my kids in Livonia. I used to live behind the
Olive Garden at Middlebell. A fad, a great piece of parcel right
there that they lore Chi Chi's down. Three and half acres.
You're not into the residential area. You've got buildings and
buffers. Here you're laking away my buffer. You're going to put
December 18, 2012
25518
that rural lot, tear that down, you'll be 50 feet from my backdoor.
I have a swimming pool with a deck. I might as well throw it
away. I'm going to sit there and waive at the guys going to the
drive lhm. This is real great. I just hope, and I ask you, would
you guys want it in your backyard? I don't think so. I don't want
it. My house is my biggest asset. Please don't ruin it. We're
just coming back. I don't need to go to the bottom. I won't be
able to sell it. Who would want it? It was different where gas
stations are by housing. The houses came after the gas
stations. That's a choice. This isn't a choice. My choice was
an office building. Thank you.
Mr. Morrow: Thankyou foryour comments
Kimbedy Rize, 14281 Richfield, Livonia, Michigan 48154. 1 just want to say a
couple things in response to the second gentleman who spoke
about what the community wants, needs and desires, and with
all due respect, I don't believe he understands or knows what
the community wants, needs or desires. The areas he spoke
about that were within walking distance, I did not hear that they
contained a gas station. And for development purposes, there's
plenty of areas that need development right at Five and
Newburgh. So just up the road, if he could do something with
that, that's something that the community would truly
appreciate. Some points though that I would like the Planning
Commission to consider while they're reviewing the request.
What is the Master Plan for the Newburgh and Schoolcraft
intersection? What is the best use for the land at the northwest
corner? Do we know the future usage of the northeast comer?
If zoning were changed, at what point do the adjoining
properties become nonconforming to the Master Plan? What is
the lax benefit to the City to rezone? Along 96, no other gas
station abuts up to residents. They are all adjoined to other
commercial property. We are concerned that people will try to
avoid turning onto Newburgh because it's so close to the traffic
light and it will be congested with traffic and that they will use
Richfield as a detour. Richfield does not have sidewalks.
Children walk in the street. Children play in the street. People
walk their dogs in the street. Richfield is a dirt road. We already
have trouble keeping it maintained and it could not sustain the
increased traffic. We are asking that you preserve the sanctity
of Northwest Livonia neighborhoods and not change the current
zoning. Thankyou.
Mr. Morrow: Thankyou.
Mary Maedel, 13980 Richfield, Livonia, Michigan 48154. My thought is the front
of our house is at the back of our house so we will see their
Barbara Morrison, 37526 Schoolcraft, Livonia, Michigan 48154. My home is the
first house directly west of this lot in question here. I won't
bother to repeal everything they've said but I do oppose it. I
don't want a gas station, the traffic, the lights, the bells ringing at
the gas pumps, the doors slamming, the car doors opening and
closing. There's an office building there. Its not an eyesore. It's
well done. The owner keeps the grounds up nicely. If these
fellows can move in there and they can rent it, I don't know why
they could when the current owners can't rent it. If they want to
put in a small restaurant right up on Newburgh and Five Mile,
there's a Subway, a pizza shop. We don't need another fast
food in there. I understand they like to walk to their restaurants.
I don't know if they walk to their gas station, but I don't. I have
December 18, 2012
25519
cement wall 2417. I really don't want to see that out of my
backdoor or out my back windows.
Mr. Morrow:
Take your time. We've got all night.
Ms. Maedel:
I'm sorry. Please don't change our neighborhood. Our
neighbors love our neighborhood as it is. I'm sorry. Why do you
have to do it at our comer? There's other corners - Middlebell
and 96, Levan across the street from the old Observer. That's
all open and it won't bother any neighborhood. We have four
gas stations. We have two gas stations up at Levan and Five
Mile. We have two up at Five and Newburgh. Why do we need
another gas station? Why do we need restaurants? The smell
is going to be coming into the back of our house. We will never
get to open our windows again because of the smell. The
traffic, the light, the noise is all going to be in our house or in our
backyard and sluff. We bought it because we like it, because it
was in the country, a city in the country and sluff, and now you
do this. Its like a city instead of us being the country. Please
don't upset our neighborhood and our neighbors because we
love our neighborhood as it is. One Iasi question like my
husband asked you, would you want it in your backyard? I can't
imagine. That's not all of it, but I'm trying to keep myself
together. I'm sorry. Thank you very much.
Mr. Morrow:
Don'tapologize. You're talking about your home.
Ms. Maedel:
I just don't want it changed, and the drive-lhru will be right by
our back window. So if they start honking the horn, we're going
to hear the horns and all the nonsense in the back because
we're right there. So we're going to have all the lights, the
noise, the sounds, the smells, from what's going on in the
corner. I'm sorry. Thank you.
Barbara Morrison, 37526 Schoolcraft, Livonia, Michigan 48154. My home is the
first house directly west of this lot in question here. I won't
bother to repeal everything they've said but I do oppose it. I
don't want a gas station, the traffic, the lights, the bells ringing at
the gas pumps, the doors slamming, the car doors opening and
closing. There's an office building there. Its not an eyesore. It's
well done. The owner keeps the grounds up nicely. If these
fellows can move in there and they can rent it, I don't know why
they could when the current owners can't rent it. If they want to
put in a small restaurant right up on Newburgh and Five Mile,
there's a Subway, a pizza shop. We don't need another fast
food in there. I understand they like to walk to their restaurants.
I don't know if they walk to their gas station, but I don't. I have
December 18, 2012
25520
to take my car and I think most people do. I would ask you to
please not approve this.
Mr. Morrow:
Thankyou.
Mr. Bahr:
While the next person is coming up, I have a question for Mark.
Mr. Morrow:
Well, certainly. Go dghl ahead.
Mr. Bahr:
Mark, are you able to bang up one of those bird's eye pictures
of this area upon the screen? That's exactly what I was talking
about. Thankyou.
Mr. Morrow:
Sir, you're next. Your name and address please.
Anthony Marschall, 14330 Richfield, Livonia, Michigan 48154. That's about the
second house as you come out Newburgh. When I get home, I
cannot make a left hand tum onto Richfield. I can see my
house, but I can't get to it. There's so many cars on Newburgh,
they will not even give me a break to tum on my street. Every
day I see a police car silting at the office complex because
people are making illegal turns. Why do we need more traffic?
So more people can cul through the gas station? And besides,
what are you going to do with all these gas stations if we're
going solar and everybody is going to have electric? So what
do you need a gas station for? You're going to have a whole
bunch of gas stations in Livonia. You've got a good building.
You're getting lax dollars. I'm sure somebody is paying taxes
on the place. Why don't you lake a piece of property nobody is
getting any money on, like maybe on the comer of Middlebelt
and Schoolcraft, Chi Chi's. Its already leveled. Go in and start
digging and do what you want to do. You've got Home Depot.
You've got Meiers. You going to gel all kinds of people. What
are you going to get down at our end? Nothing. Residents.
We're not going to go there. We don't want to go there. We're
on a gravel road and we like it that way. I grew up on a gravel
road and I hope it stays gravel. I don't care. You don't like it,
don't live there. Move. That's all I got to say, and I hope you
guys think about what they're going to do. Take a building right
now and level it and start over. Find a piece of property already
ready to go. My mother's uncle used to have a gas station at
the corner of Middlebell and Schoolcraft. When you guys put in
96 there, forced him out of there, never was there again.
You've got Bob Evans, a restaurant. Just what we need. Want
a restaurant, go down on Haggerty. You've got all your
restaurants.
Mr. Morrow:
Okay. Thank you.
December 18, 2012
25521
Jeffrey Burger, 14001 Newburgh, Livonia, Michigan 48154. My property is
adjacent to the proposed development. I want to start off by
thanking the gentleman who proposed this to come personally
and talk with me. I do appreciate that. I did share with him
some concerns that I still continue to have. I have two small
children, a second grader and a third grader. We live right next
to that property. So I'm concerned about people who are not
part of the neighborhood coming in. I mean that's kind of the
intention of many businesses, in particular with a gas station,
being located right on the highway. I'm concerned about who
will be coming in and who my children will become exposed to.
I'm very, very afraid of any of the potential that could happen
with that. So I am concerned with that. I also am concerned in
terms of the impact on property values. I can't say having done
any kind of formal study that they would increase or decrease,
but my educated guess is that banging in a gas station is not
going to increase property values but will instead substantially
decrease them. And I've already taken, as I'm sure many
people have, a pretty substantial hit with our property values. I
chose to re -f to take advantage of some of the low rales, but to
do that, I had to have my property appraised and was pretty
disappointed. This is my second visit to City Hall because once
I got it appraised, I had to come up and gel my assessment
changed also because it was so low. I can't afford to lose any
more value. If this development goes in and I feel it's unsafe for
my children, I won't be able to sell and I would be faced with the
potential of having to walk away, which I'm morally opposed to
that, but my children come first and it's a fear I have. That is
one of my concerns. I am concerned about some of the things
that have already been mentioned, an increase in traffic, having
the children ... and where I do have sidewalks on Newburgh, I
appreciate that. I'm not certain that I would appreciate the
increased traffic. It's already frightening. The speed limit did
just increase on the road recently, and while personally its
easier to drive, I still worry about that with my children on the
road. I'm also concerned about some potential hours of
operation. I like to have my windows open in the summertime.
And I'm not certain that trying to put my kids to bed, and while
8:00 might seem like an unrealistic time to some, it's the time I
put my children to bed. I'm not certain how I would be able to
do that with an increase in the noise level that would likely
produce. So I'm concerned about the noise. I'm concerned
about property values. I'm concern about some safety issues.
I'm concern about, in addition, some of the smells. I'm not
saying they're necessarily all bad, but I don't want to constantly
smell fries from my house, my deck. The Iasi thing I would like
to draw your attention to, and I'll close my remarks with this: the
December 18, 2012
25522
property that I own I bought from a couple who bought it for the
intention of turning my now home into a daycare center then.
This very Commission heard testimony about not allowing that
properly, my property, to be rezoned. And this Commission then
decided, and I believe rightfully, to protect the integrity of the
Master Plan and the neighborhood not to allow the rezoning of
my properly. I would ask that you consider that same wisdom
that was used then and the decision that you make this evening.
Thankyou.
Ms. Scheel:
Can I interrupt for a second?
Mr. Morrow:
Yes, ma'am. Sir.
Ms. Scheel:
Not for him. I want to go to Mark. It's regarding what he said
but I want to go to Mark. Mark, do you know how long ago that
was that the Planning Commission heard the rezoning?
Mr. Taormina:
I remember the petition around 2002.
Mr. Burger:
2001 or 2002.
Ms. Scheel:
2001 or 2002? Do you know how long ago it was rezoned
Office where the building is right now? When was that rezoned
Office?
Mr. Taormina:
I'm going to guess that some of these residents know. It was
probably built in the '80's.
Ms. Scheel:
Okay. It's been a long time. Okay.
Mr. Taormina:
Maybe early'90's but it's probably 20 years at least.
Ms. Scheel:
Okay. Thank you very much.
Mr. Morrow:
Yes, sir?
Clifford Liptak,
14000 Richfield, Livonia, Michigan 48154. If he would put the
picture back up, I could show you exactly which property. I live
the third house off of SchoolcraR. When we bought this house,
we were looking to move to a better school dislnct for our
children. We were looking in Howell, out that area. We found
this house, gave you the same kind of atmosphere. The privacy
is tremendous in the summertime with all the growth. So I did. I
was one of the ones that lel Rick come into my house. I
listened to his whole plan, and I've been going over this whole
thing. So what I've been doing is, I go out and sit in that parking
lot. They're going to move 75 feel down. When you move 75
December 18, 2012
25523
feel down from where my properly line is right now, you're right
in the middle of my backyard. So if I have a barbecue, invite
you over to the house, you're going to be looking at the parking
lot of this place when you used to look at pine trees. The
privacy in this lot is why we stay in the City. That and the school
district. The school district had a lot to do with it also. I've been
weighing this out a long time. In fact, I was sitting in the parking
lot with a police officer one day. He was probably looking at me
like, why is this guy just silting here slanng at this guys house?
Its a nice plan but I don't think that's the right area. That's not
why I bought this house. We entertain a lot in the summer and
everybody that comes to my house states, this is a great lot.
This is private. The gentleman that just spoke is nghl behind
me and when his kids are out playing in the summer, you can
hear them, but you can't see them. So the privacy is
tremendous in this lot. I really don't want to lose that. I could go
into all the other stuff that you've already heard, but I'm just
giving you my personal aspect.
Mr. Morrow: We appreciate that
Mr. Liptak: That is why we bought the lot. Its a nice quiet private lot in the
summertime. You go out in back and you can have a nice
barbecue party and nobody can see you. It's wonderful. I'd just
like to stay like that.
Mr. Morrow: We appreciate your input. Thank you.
Irene Nosakowski, 14003 Richfield, Livonia, Michigan 48154. I'm the officially
second house north off of Schoolcraff, but I'm on the west side
of Richfield. Several years ago the Planning Commission
denied a rezoning for a daycare on the corner of Richfield and
Schoolcraff, and then the second time, they denied a daycare
for the house that was on Newburgh. It was stated that the
Planning Commission felt that this was a very viable residential
area because several new homes had just been recently built
on Schoolcraff just a little further west from Richfield, and then
also eventually, the site that was denied for the daycare at
Richard and Schoolcmft, three beautiful new homes did go up
on those parcels of property then. We also fought against the
current building that they're now seeking to rezone. We loslthat
fight, but the Planning Commission agreed it should be a one-
story because the builder at that time wanted to make it a two-
story which, in essence, a commercial building usually is three
stones compared to a two-story home. So the Commission did
grant us that much, and they also granted the office zoning
designation would have the least impact on our homes because
the lighting and the parking lots could be dimmer at night, which
December 18, 2012
25524
they were, and businesses usually are closed up by 6:00 p.m. or
7:00 p.m. at the latest in the evening. Then it became very quiet
in lune with our house being in the RUF and we have no street
lights on Richfield or anything there. They put up a small bene
and really that property hasn't had much impact the way it had
been. But a gas station, I'm concerned more about anything
with a gas station. I didn't realize they were talking about all this
multi -use and a drive thru. My concern with the gas station is,
you see how very bnghl a gas station is wherever you go. And
I'm across the street on Richfield. I'm going to be looking out my
kitchen window and seeing just all these bright lights. Its worse
now because the foliage is gone. There's no pine trees up so
now you see even more. If they wouldn't even do the correct
kind of landscaping, it would be terrible, but you're going to have
cars idling as they mn into the store, as they're idling at the
drive-thm. You're going to have the gas fumes, the gas tanker
coming to f11 tanks and all the fumes of that idling forever, and
there has to be a great safety concern since you are really
physically having this facility abut residential properties. I even
called the Fire Marshal yesterday to try and get a safety
ordinance or some type of ordinance to find out what is the
ordinance or safe distance of a gas pump to a home. Believe it
or not, the Fire Marshal didn't know. He sent me to the Building
Department and they never called me back. So that's a great
question to me. What is the safe distance for a gas pump to a
home because nowhere do we see any gas stations backing up
to homes wherever we've dnven around in Livonia. That is one
of my biggest safety concems is for the gas station and the gas
pumps and the noise and all that does. As someone else has
said, there's those three empty parcels right up on Farmington
Road now that are already zoned for gas stations at Six, Seven
and Eight Mile. My other concern is really for the safety
because how many robberies have there been at gas stations in
the City of Livonia? In the middle of the night, the gas station is
open. We dont even know if theyre planning 24 hours. If that's
the case, you gel a robber running out and he was running
because the police are coming. Where's he going to run? Right
into our street down Richfield because he can hide in all our
trees and everything that we have there. So that is my great
concern. And as far as people walking around to come to this
restaurant, I don't think I have ever seen a college student
walking up and down Newburgh looking for some place to get a
donut because they can go up to the gas station at Five and
Levan which is on that side. The college is on that side. The
college is on Levan. They're not going to be coming across all
the way to the empty paroel of properly to come for a donut at
SchoolcraR and Newburgh. There are plenty of gas stations
already. I really request that you deny this rezoning because it
December 18, 2012
25525
doesn't fit in an all total residenlial area. We don't have any
business or commercial in that whole section. All along
Schoolcraft, all the way up to Five Mile, until you get to Five Mile
is there a business. Everything else is total residential homes.
So please dont do any rezoning. Thank you.
Mr. Morrow: Well, we wont accuse you of not doing your homework
Ms. Nosakowski: The Fire Marshal doesn't even know.
Mr. Morrow: I'm glad you didn't ask us.
Mr. Taormina: Just to respond to the question about the dale of the rezoning.
In 1985 that portion of the subject properly, which is rezoned
OS, was rezoned from RIF to OS, and then in the same year
the site plan petition was brought to the City for approval for the
office building.
Mr. Morrow: The Planning Commission also appreciates the history of that
particular area being refreshed.
Elzabelh Danko, 14024 Richfield, Livonia, Michigan 48154. I'm the third home
on Richfield behind what will be this proposed properly. I'm not
going to repeal everything that everyone else said because my
neighbors made such excellent points, and I'm hoping that the
Planning Commission will review those, especially the lady that
spoke second. She said everything that all of us needed to say.
What I would like to say is that my husband and I have only
lived in the community for five years. We purohased the home
knowing that it was right near the freeway. It was kind of a
stuck point for us but the neighborhood is quiet. We have almost
half an acre. It is very private. We are very proud of it. We
both work in Livonia so we're very vested in our home. When
this proposal first came to us, my husband and I were slightly
ambivalent about it. We were talking about it as a matter of fact
when Rick came to our door. So we had some questions for
him. We listened to him. We really appreciated that he came
around, but at that time, I said to my husband, what we need to
know is, how do the people in our community feel about this
because we haven't lived here as long as some of these people.
So we went out and began speaking to our neighbors. And that
146 people that you have on those petitions, those are only the
first few blocks. The people in my neighborhood and community
are totally opposed to this. I was actually shocked at how
opposed people were to it. I thought that people would be like
me and kind of hemming and hawing about whether it was a
good idea. That is not what I saw. I volunteered to go around
and speak to people. I had people drive up to me on the street
December 18, 2012
25526
asking to sign my petition because their wife told them when
they came home that I was out walking around. I did not do this
to shoot down business in Livonia. I think it's important to listen
to the people that I live near and support the neighborhood that I
am in, and I'm just asking the Planning Commission to support
that also. Those 146 people, again, are just the first few blocks.
If needed, I could have walked all the way up to Hix and beyond
into the Castle Garden community. I'm just really surprised how
strongly my neighbors feel against this, and so as part of the
Livonia community, I'm going to stand with my neighbors and I
oppose the rezoning.
Nick Smith, 14175 Newburgh Road, Livonia, Michigan 48154. The points I'd like
to make right now, there is a lot of traffic on Newburgh. I have a
lot of traffic turning around in my driveway all day long.
Typically, once a week, I have to wail for somebody to finish
turning around in the driveway before I can pull into my
driveway. This rezoning could only make this worse, more
reason for people to be turning around in the driveways on
Newburgh to gel back to a party store or gas station, whatever
i's going to be there. Another point, as far as a gas station,
restaurants, fast food, a party store, I don't consider that value
added to my neighborhood. I've recently bought this property
and I can't say for sure I'd buy it if that was the use of the
property at the time.
Mr. Morrow: Thank you very much for your remarks
Stacey Apap, 14100 Richfield, Livonia, Michigan 48154. I've lived here for the
last 11 years, and great plan, but we moved there for the small
town feel, for the country living in the city, and if you ever drove
down Richfield, you would notice it loo. Beautiful plan but put it
at Five and Newburgh where the Fanner Jack is, where all the
other little businesses that have gone out of business. This
small town feel is exactly what the integrity of the City Planner
was in this area. If you look at that map, you'll see that there
are no commercial properties for this reason. I strongly oppose
it for myself, for my neighbors and for my children. Please vote
against it.
Mr. Morrow: Thankyou.
Mr. Maedel: I apologize. I have two questions I forgot to bring up when I was
talking before. I am Jim Maedel again. No one has spoken of
the time they're going to be open. Is it 2417? And my second
question would be, and we've heard, not from them, but you
know how things go through the neighborhood. Is there going
to be a bar, liquor? That's what we were told. That would be
December 18, 2012
25527
what I want my kids to walk up to. Those were a couple
questions I forgot to ask.
Mr. Morrow:
We'll respond in this manner. This is a zoning request and we
always give the people a little insight as to what the petitioner is
proposing, but as far as the detail about things like hours, we
can't really respond to it. That would be at the site plan review.
Same way with the bar. It would have to come in for a waiver to
have a bar. So we give you insight to what they want to do, but
we can't really tell you all the details because this is slnctly
zoning.
Ms. Scheel:
It would be the same for the safety of a gas station near the
residence. That would come in with the site plan too.
Mr. Morrow:
Yes. All that would be part of the waiver use request they would
have to come back. I see another gentleman is coming forward.
Ray Morrow, 14248
Richfield, Livonia, Michigan 48154. 1 just wanted to come. I
wasn't planning to speak to night but I just wanted to support my
neighbors. I've lived in Castle Gardens for 40 of my 46 years. I
came here tonight on my birthday, birthday cake wailing at
home because, again, this is a very important topic for our
family. I have six children and I also am concerned about traffic,
about noise, about property values, and it's something that, in
particular for those that live right behind the development or the
proposed development, certainly have compassion for what
they might be exposed to. But in terms of the rest of the
neighborhood, and I can't remember her name, said that the
146 signatures were
just the first few blocks. And again, I've
lived there 40 of my 46
years and the only times I wasn't there
was either college or my first condo out of college. We moved
back into the neighborhood. My best friends moved back into
the neighborhood, and we did it because we love the feel of that
neighborhood and that neighborhood is built on just being, you
know, like someone put it, country living in the city. putting a
gas station at that comer would completely change that entire
feel for many of us, in addition to the other things that have
been mentioned about noise and traffic. So I just ask that you
consider all these things as you make your decision.
Mr. Morrow:
Well, thank you and we wish you a happy birthday.
Kais Karana:
I live in Farmington Hills. I own a business in Livonia.
Mr. Morrow:
Did you gel his name? Would you write it down there because
sometimes we move kind of fast and the secretary doesn't
always gel it. Also, we'll need you're address for the record.
December 18, 2012
25528
Mr. Karana: 37709 Glen Road, Farmington Hills 48331. 1 just bought my
own business at Five Mile and Newburgh a few months ago, six
or seven months ago. I understand how the gentleman comes
about like when he said, the lmck gas. I got two gas stations
next to me actually. When they deliver the gas, they come at
11:00 or 12:00 at night. Sometimes they come at 10:00, 11:00
at night, so I understand how much noise its going to make.
Right behind my business is actually a pizza place. I'll be
honest with you. I'm one of the guys that dont eat pizza. I don't
like pizza that much. I don't even like to go to my backroom
because so much smell comes from the pizza place to my
backroom. Most of the time I send my boys to take care of it.
My house, the reason I bought it, because of the open field
behind, a small pond. My kids are like five years old, eight
years old and ten years old. When they go outside, I know they
are safe. No one else looks at them. I have just two neighbors
next to me. If they put a gas station, I don't know how they can
slay there to be honest with you. I hope you don't pass it. One
thing like they said, there's two gas stations on Five Mile not
even less than a mile away. I can't afford to have like if they put
another convenience store up there. I cannot afford to have my
competition next to me. I already have enough like it is in the
Livonia area. Thank you.
Mr. Morrow: Thank you for your input. I see no one else coming forward.
The petitioners are not your adversanes. They're just
gentlemen who have come forward to see if this particular
enterprise would ft in this area. They've made a good case for
R. They've heard from the citizens, and we'll see if they want to
respond to anything else.
Mr. Wynns: I just want to say I appreciate everybody's input. I appreciate
the fact that they did let me into their homes to speak with them
as I went around and tried to share very openly the ideas and
the concept, and I will definitely take all of this into consideration
and see how we do this evening. Thank you.
Mr. Morrow: We appreciate that. Are there any questions or comments?
Mr. Taylor: Just a comment. I served on the City Council for a good many
years. This crowd that I see out here is very encouraging.
When we first started to develop Livonia, we had many issues
and we had many citizens come out and citizens' organization
and neighborhood organizations, and they turned out like you
people are turning out tonight. It's encouraging to see you
interested in your City. Al the time we were doing this, the
argument was that along Five Mile or Six Mile there was a lot of
December 18, 2012
25529
commeroial zoning and they developed property behind that.
And the argument at that time was well, the builder told me that
the properly would never be developed. Well, obviously it was
zoned for commercial so it could be developed. Normally, the
Council would approve something like that. Now we're talking
about a piece of properly that is office zoning and behind it is a
huge residential area, one of our last large residential areas. So
0's a little different situation now. When I first saw this proposal,
I had very mixed emotions about it, and I could understand why
somebody might want to put a gas station there because when
you gel onto the service drive there, you can gel off, gel onto
275 and get your gas before you leave. But with the outpour of
the people that are here saying we don't want this, and the
zoning is already here, then I have a hard time trying to support
it. Thank you.
Mr. Morrow: If there are no other comments, I'm going to close the public
hearing and askfor a motion.
Mr. Wilshaw: I will start with the motion, and then I'll have some comments to
add afterwards, but since the motion is the order of the moment,
I will offer that first.
On a motion by Wilshaw, seconded by Smiley, and unanimously adopted, it was
#12-111-2012 RESOLVED, that pursuant to a Public Heanng having been
held by the City Planning Commission on November 13, 2012,
on Petition 2012-10-01-06 submitted by RJ Realty Holding
Company, L.L.C., pursuant to Section 23.01 of the City of
Livonia Zoning Ordinance #543, as amended, requesting to
rezone the properties at 37450 and 37478 SchoolcraR Road,
located on the north side of SchoolcmR Road between
Newburgh Road and Richfield in the Southeast 1/4 of Section
19, from OS and R -U -F to C-2, the Planning Commission does
hereby recommend to the City Council that Pefition 2012-10-01-
06 be denied for the following reasons:
1. That this area of the City is already well served with
commeroial zoning, and the proposed rezoning is not
needed to serve the neighborhood or community;
2. That the anticipated commeroial use would unduly tax and
conflict with the established and normal traffic flow of the
area;
3. That the existing OS zoning is more consistent with the
established pattern of development and character of the
adjacent properties; and
December 18, 2012
25530
4. That C-2 zoning is not supported by the Future Land Use
Plan which recommends office use in this area.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 23.05 of
Zoning Ordinance #543, as amended.
Mr. Morrow: Are there any comments?
Mr. Wilshaw: Thank you for the support, Ms. Smiley. The comment that I
have and the reason that I offer this particular motion is like Mr.
Taylor said, it is really encouraging to see the entire group of
people who came out here tonight. This is going to sound a
little sappy I guess but not only is the petitioner and the other
petitioners representatives Livonia residents and committed to
this community and interested in doing something good for the
community and offering what looks like a really novel and
interesting proposal that I actually have a lot of interest in, but
the residents of this area also came out and they also are very
deeply concerned about this area and they have a very strong
neighborhood. We heard that tonight and it is great to see so
much interest in what goes on in our community. We haven't
had a meeting like this in quite a while where we've had this
many people come out and express their views. So both sides
made very good arguments and I appreciate both sides coming
out and being so committed to the community and interested in
what's going on. But as one of the residents said, this is a really
nice plan but it's not the right area. When I look at this particular
parcel of property, I feel the same way. I feel that this is a plan
that has a lot of potential. Like I said, it's very interesting to me,
the concept of mixed use in a particular paroel like this, but I just
don't think that this is the particular spot that this should be done
in. Thank you, Mr. Chair.
Mr. Bahr: I loo just wanted to make a few comments, although Mr.
Wilshaw covered much of what I wanted to say. I just want to
commend everybody for your courteousness on both sides.
We've had a few meetings in my year and half on this
commission where we've had some turnout and it's not always
as courteous as it is tonight. So I just want to commend
everybody for that. I also just want to, just because I think it's
relevant to some of the other conversations going on in the City
right now. Look, I'm a lifelong resident of Livonia. I'm obviously
a younger resident of Livonia. I loo have a young family. I see
the need with the way trends are going, and there are various
trends that would affect this property. I see the need for Livonia
to be looking at some different things. I love the concept that
December 18, 2012
25531
was put forward here. I love the thinking that went into it. I also
have concerns about the office space in the business
community. I'm in the business community and there is a
lessening need for office space. For all those reasons, I really
love the concept that was put forward, but I just frankly don't
know about the notion that everywhere needs to be a walkable
community. I know that's a hot topic, typically from my
generation, but the bottom line is, I know a lot of young families
today. A lot of young families, some currently looking for homes
that are looking for the same things that families were looking
for 20, 30, 40 years ago. They want the quiet spot. They want
the city conveniences with the country atmosphere. There's
limes I like both. I just want to make that comment. I think
when it comes to this spot, I'll be honest with you. I came here
tonight leaning towards voting for this because I really like it, but
I think when we talk about taking Livonia into the future, this is
not the spot that is conducive for that. I specifically have some
friends right now that are looking for places to live in, looking for
that country in the city and they don't think they can find it in
Livonia. I very passionately disagree with them. We have many
conversations about that. I'm as big of an advocate for the City
that you're going to find, but it's important when we have places
like this that are already conducive, that are already designed
that way, that we don't try to make them something that they're
not. I wanted to present that because sometimes we have, and I
don't know exactly how this vote is going to go, but sometimes
we have 6-0, 7-0 voles up here, and I don't know if that's what's
going to happen here. It can create this idea that it was just this
overwhelming support one way. I just wanted to voice these
comments so you understand that's not the case. Thanks.
Mr. Morrow: Before I ask for the vole, I've sal on this Commission probably
longer than I want to think about. I do want to comment on not
only the way the petitioners presented their case, but also the
way the residents that came out gave very cogent input for the
commission as well as the pefifioners, and that I just want to
thank you for the way it went tonight. It might be, if not the best
public hearing I was ever involved in, it's certainly one of them.
With that, I'm going to ask for the vole.
Mr. Morrow, Chairman, declared the motion is carried and the foregoing
resolution adopted. For the interest of the audience, this
resolution will be forwarded to the City Council with a denying
resolution. They will hold their own public hearing so they will
make the final determination as to whether this zoning is
approved or denied. I just wanted to lel you know that this is a
recommending body and we've recommended non -approval of
December 18, 2012
25532
the petition. Thank you for coming. I thank the pefifioners. I
thank the audience.
ITEM #2 PETITION 2012-11-06-11 LANGUAGE AMENDMENT
WIRELESS COMMUNICATIONS
Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012-
11-06-11 submitted by the City Planning Commission, pursuant
to Council Resolution #444-12, and Section 23.01(a) of the
Livonia Zoning Ordinance, as amended, to determine whether
or not to amend Section 18.42A (Wireless Communication
Facilities) of Article XVIII of the Livonia Zoning Ordinance No.
543, as amended, so as to provide for the regulation of wireless
communication equipment in accordance with Act No. 143 of
the Public Acts of 2012, as amended.
Mr. Taormina: This pefiton involves changes to the rules affecting wireless
communication facilities. Amendments are needed to the City's
ordinance governing cell towers in order to correspond with
legislation recently passed by the State. In general, PA 143 of
2012 requires local governments to approve zoning requests for
the modification of existing wireless communication facilities as
long as there are no substantial changes to the physical
dimensions of the structure or compound. The new provisions
apply to any colocation, removal or replacement of new
equipment, such as the placement or mounting of new antennas
on an exisfing lower or building. The term "substantial" is
defined in the statute and in the proposed ordinance as
increasing the height of the structure by more than 20 feet or
10% of its original height, whichever is greater; increasing the
width by more than the minimum necessary to permit
colocalion, or increasing the land area of the compound area
greater than 2,500 square feet. If you have a wireless
community facility in existence and there is a proposal by a
carrier to either add antennas or swap out antennas or make
some other changes to the compound area which is the ground
area at the base of the tower which houses all of the equipment
needed to operate the wireless communication facility, changes
can be made to those exisfing structures as long as they meet
these special provisions, i.e. the height of the lower is increased
by less than 20 feel or all of the equipment that is being
reconfigured, replaced, removed, or added, occurs within the
compound area, or if it needs to be expanded, that expansion is
no greater than 2,500 square feet. These are all allowances
that would be treated as a permitted use. Most forms of
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25533
colocalion that meet these requirements would be treated as a
permitted use and cannot be subject to any waiver or special
land use approval process. In addition, the time periods for
approval of wireless communication towers and equipment are
also addressed under the new State law. For those situations in
which waiver use would still be required for colocation on an
existing lower, the Planning Commission and the City Council
must approve or deny the application within 60 days. For new
lowers and support structures, the period for approval or denial
is 90 days. Also the application fee is limited to $1,000. The
City Law Department has prepared the proposed language
amendment and that has been submitted for your review. This
is consistent with the new State law. Thank you.
Mr. Morrow: Are there any questions or comments from the Commission?
Before I close the public hearing, is there anyone in the
audience wishing to speak for or against the granting of this
petition? Seeing no one coming forward, I will close the public
hearing and ask for a motion.
On a motion by Smiley, seconded by Scheel, and unanimously adopted, it was
#12-112-2012 RESOLVED, that pursuant to a Public Heanng having been
held by the City Planning Commission on December 18, 2012,
on Petition 2012-11-06-11 submitted by the City Planning
Commission, pursuant to Council Resolution #444-12, and
Section 23.01(a) of the Livonia Zoning Ordinance, as amended,
to determine whether or not to amend Section 18.42A (Wireless
Communication Facilities) of Article XVIII of the Livonia Zoning
Ordinance No. 543, as amended, so as to provide for the
regulation of wireless communication equipment in accordance
with Act No. 143 of the Public Acts of 2012, as amended, the
Planning Commission does hereby recommend to the City
Council that Petition 2012-11-06-11 be approved for the
following reasons:
1. That the proposed language amendments corresponds
with the recent amendments to the Michigan Zoning
Enabling Act related to municipal regulation of wireless
communication equipment;
2. That the proposed language amendment will allow for the
collocation of wireless communication antennas and the
installation of related equipment as a matter of right, but
only under certain circumstances and in a way that
reasonably limits the degree of alteration to the support
structures and compound areas; and
December 18, 2012
25534
3. That the proposed language amendments are in the best
interests of the City and its residents.
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. Morrow, Chairman, declared the motion is carded and the foregoing
resolution adopted. It will go on to City Council with an
approving resolution.
ITEM #3 APPROVAL OF MINUTES 1,0331d Public Hearings and
Regular Meeting
Ms. Scheel, Secretary, announced the next dem on the agenda, Approval of the
Minutes of the 1,0331d Public Hearings and Regular Meeting
held on November 13, 2012.
On a motion by Scheel, seconded by Wilshaw, and unanimously adopted, it was
#12-113-2012 RESOLVED, that the Minutes of 1,0334 Public Hearings and
Regular Meeting held by the Planning Commission on
November 13, 2012, are hereby approved.
A roll call vole on the foregoing resolution resulted in the following
AYES:
Scheel, Wilshaw, Bahr, Smiley,Taylor, Morrow
NAYS:
None
ABSENT:
Kruger
ABSTAIN:
None
Mr. Morrow, Chairman, declared the motion is carded and the foregoing
resolution adopted.
ITEM #4 APPROVAL OF MINUTES 403`" Special
Regular Meeting
Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the
Minutes oflhe 403`4 Special Regular Meeting held on November
27,2012.
December 18, 2012
25535
On a motion by Taylor, seconded by Bahr, and unanimously adopted, it was
#12-114-2012 RESOLVED, that the Minutes of 403rtl Special Regular Meeting
held by the Planning Commission on November 27, 2012, are
hereby approved.
A roll call vole on the foregoing resolution resulted in the following:
AYES:
Taylor, Bahr, Smiley, Wilshaw, Scheel, Morrow
NAYS:
None
ABSENT:
Krueger
ABSTAIN:
None
Mr. Morrow, Chairman, declared the motion is carded and the foregoing
resolution adopted.
On a motion duly made, seconded and unanimously adopted, the 1,034'" Public
Hearings and Regular Meeting held on December 18, 2012, was adjourned at
8:35 p.m.
ATTEST:
R. Lee Morrow, Chairman
CITY PLANNING COMMISSION
Lynda L. Scheel, Secretary