HomeMy WebLinkAboutPLANNING MINUTES 2014-09-23MINUTES OF THE 1,061sT PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, September 23, 2014, the City Planning Commission of the City of
Livonia held its 1,061" 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: Kathleen McIntyre R. Lee Morrow Carol A. Smiley
Gerald Taylor Ian Wilshaw
Members absent: Scott P. Bahr
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 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 PETMON 2014-08-01-06 KUCYK, SOAVE
Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2014-08-
01-06 submitted by Kucyk, Soave and Fernandes, P.L.L.C.
pursuant to Section 23.01 of the City of Livonia Zoning
Ordinance #543, as amended, requesting to rezone properties
at 38801 and 38901 Plymouth Road, located on the south side
of Plymouth Road between Newburgh Road and Eckles Road in
the Southwest 1/4 of Section 30, from R -U -F to R-1.
September 23, 2014
26555
Mr. Taormina: This is a request to rezone two adjoining parcels that are
located on the south side of Plymouth Road just east of Eckles
Road. The current zoning classification is Rural Urban Farm,
which requires a minimum lot size of one-half acre. The request
is to rezone these two parcels to the R-1, One Family
Residential category which would allow for homes on sites that
measure 60 feel by 120 feel or a minimum lot area of 7,200
square feet. Each parcel presently contains a single family
residence. The easterly parcel, which is 38801 Plymouth Road,
contains about 147 feet of frontage on Plymouth Road and has
a total land area of roughly two acres. The westerly parcel,
38901 Plymouth Road, contains a little more frontage, about
180 feel along Plymouth Road and has a total land area of
roughly two and half acres. The depth of these properties are
roughly 610 feel. When you combine both parcels together,
there is about 326 feel of frontage on Plymouth and an area of
4.5 acres. Immediately to the east of the subject parcels is an
area that is zoned R-8, and is the site of the Plymouth Woods
Apartments containing multiple family residential structures.
Immediately to the west are a couple of acreage parcels
containing single family homes, which are zoned RUF. Further
west is an R-1 zoned area, and to the north across Plymouth
Road is an industrial zone, M-2, which is General
Manufacturing. Immediately to the south is the site of Edward
Hines Drive and the Middle Rouge Parkway. It was in 1998 that
the Planning Commission and the City Council denied a request
to rezone the subject properties including the parcel to west,
from RUF to M-1, Light Manufacturing. Plans were approved for
a 12 lot site condominium that was called Genesis Park on the
parcels to the west. So the R-1 District on the lett hand side
was rezoned by the City in 2007 and subsequent to the
rezoning, there was a development approved for that properly.
It was a 12 lot site condominium called Genesis Park that was
never developed. The petitioner has provided a conceptual plan
showing how the site might be developed should the rezoning
be approved. This could be done either as a site condominium
or as a lot split. The two properties combined will be developed
with a total of eight home sites, and a single road would provide
access to the home sites. You'll note that the two lots that are
on the north side adjacent to Plymouth Road have the existing
homes. The intent would be to retain the existing homes on
portions of each of those properties and then construct six new
homes on the created lots. The last thing I will mention is that
the proposed change of zoning is supported by the Future Land
Use Plan which recommends medium density residential land
September 23, 2014
26556
use for this area. With that, Mr. Chairman, I can read out the
departmental correspondence.
Mr. Morrow:
Please.
Mr. Taormina:
There is one item of correspondence from the Engineering
Division, dated September 8, 2014, which reads as follows: In
accordance with your request, the Engineering Division has
reviewed the above referenced planning petition. The existing
parcels are assigned addresses of 38801 and 38901
Plymouth Road, which should be used for any future
correspondence regarding the proposed project. The legal
description provided with the Arpee/Donnan, Inc. boundary
survey dated August 27, 2014, appears to be correct and is
acceptable to this department. The petitioner does not indicate
any proposed improvements or utilities connections on the
submitted drawings, so we are unable to comment on any
impacts the proposed project may cause to the existing
systems. It should be noted that the parcels are currently
serviced by a 12" sanitary sewer, an 18" water main and a 24"
storm sewer, all located on the north side of Plymouth Road.
Should the owner wish to connect to any of these existing
utilities, permits from Wayne County, as well as the City of
Livonia, will be required. Also, storm sewer detention will need
to meet the current Wayne County storm water ordinance,
including detention, and be approved through the Wayne
County permitting office. Any proposed paving or work within
the Plymouth Road right-of-way will require permits through the
Wayne County DPS prior to construction. We would also
request that the owner dedicate the northerly 60' of properly for
Plymouth Road right-of-way, as well as extending concrete
sidewalk across the properly to match the abutting development
to the east." The letter is signed by David W. Lear, P.E., Civil
Engineer II.
Mr. Morrow:
Are there any questions of the Planning Director?
Mr. Taylor:
Through the Chair to Mark. Mark, is this the final plan or is it just
a concept?
Mr. Taormina:
I'm going to call this a concept, Mr. Taylor, simply because there
are a few finer points that will have to be adjusted to this plan
depending on what method is utilized to divide the property.
There will probably have to be some adjustments, but by and
large, it will look similar to this. The number of lots, again, could
be altered depending on the method used and also as the
details for utilities have to be reviewed, there could be some
September 23, 2014
26557
adjustments to account for stormwaler and those sorts of things.
I suspect we'll see something pretty similar to this plan.
Mr. Taylor:
I assumed that. All we're talking about tonight is zoning.
Mr. Taormina:
All we're talking about this evening is zoning. I think when the
plans do come eventually, we'll have the discussion about the
road access, landscaping and a lot of other details.
Mr. Taylor:
Thankyou.
Mr. Morrow:
Any other questions of the Planning Director? Mark, this
conceptual plan we have, it would appear that some of those
lots far exceed an R-1 classification.
Mr. Taormina:
All of these lots exceed the R-1 classification.
Mr. Morrow:
So they are R-1, but they will be larger lots?
Mr. Taormina:
That is correct. Some of them actually exceed the RUF district
requirements.
Mr. Morrow:
Is the petitioner here this evening? We will need your name and
address for the record please.
Enrico E. Soave, Esq., Kucyk, Soave & Fernandes, P.L.L.C., 37771 Seven Mile
Road, Suite C, Livonia, MI 48152 Good evening, everyone.
Nice to see you.
Mr. Morrow:
Is there anything you want to add to or delrect from what you've
heard so far?
Mr. Soave:
Mr. Taormina was pretty on -point in his presentation. This is a
conceptual plan. Nothing has been defined in regards to the
final site layout. We wanted to see where zoning would lay first,
and then send this back to the engineers and see what they can
come up with. I hope you approve the rezoning tonight.
Mr. Morrow:
Okay. We'll see if the Commissioners have any questions.
Mr. Wilshaw:
You own this properly, correct?
Mr. Soave:
The petitioner owns the property. I don't own the property.
Mr. Wilshaw:
You're representing the petitioner?
Mr. Soave:
Absolutely.
September 23, 2014
26558
Mr. Wilshaw: And the petitioner owns the property. Do they own the property
adjacent to it?
Mr. Soave: No.
Mr. Wilshaw: That's it for now. Thank you.
Mr. Taylor: The petitioner is Michael or Leo?
Mr. Soave: The petitioner is Leo, one of his companies.
Mr. Taylor: Leo is going to build the homes?
Mr. Soave: I believe so. They haven't got that far but it is his project.
Mr. Taylor: I only ask that because he has a good track record in Livonia.
Mr. Soave: It is Leo. Most definitely. That I am sure of. One thousand
percent
Mr. Morrow: Any other questions of the petitioner? Is there anybody in the
audience that wishes 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 Taylor, seconded by Wilshaw, and unanimously adopted, it was
#0930-2014 RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on September 23, 2014,
on Petition 2014-08-01-06 submitted by Kucyk, Soave and
Fernandes, P.L.L.C. pursuant to Section 23.01 of the City of
Livonia Zoning Ordinance #543, as amended, requesting to
rezone properties at 38801 and 38901 Plymouth Road, located
on the south side of Plymouth Road between Newburgh Road
and Eckles Road in the Southwest 1/4 of Section 30, from R -U-
F to R-1, the Planning Commission does hereby recommend to
the City Council that Petition 2014-08-01-06 be approved for the
following reasons:
1. That the proposed change of zoning is compatible to and in
harmony with the surrounding zoning districts and land
uses in the area;
2. That the proposed change of zoning would provide an
opportunity to develop the subject properties in a manner
September 23, 2014
26559
that is consistent with their size and location and would
serve the area as well as the City as a whole;
3. That the proposed change of zoning is consistent with the
developing character of the area; and
4. That the proposed change of zoning is supported by the
Future Land Use Plan which recommends medium density
residential 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, Chairman, declared the motion is carried and the foregoing
resolution adopted. It will go on to City Council with an
approving resolution.
ITEM #2 PETITION 2014-08-02-11 CHILDREN'S OUTLET
Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2014-
08-02-11 submitted by Brian and Lisa Rich requesting waiver
use approval pursuant to Section 11.03(() of the City of Livonia
Zoning Ordinance #543, as amended, to operate a second-hand
store and resale shop (The Children's Outlet) at 31092 Five Mile
Road within the Merri-Five Retail Plaza, located on the north
side of Five Mile Road between Meriman Road and Henry Ruff
Road in the Southwest 114 of Section 14.
Mr. Taormina: This is a request to operate a second hand store and resale
shop within the Merri-Five Plaza which is on the north side of
Five Mile just east of Meriman Road. Mem-Five is a group
commercial shopping complex that has a total of roughly 78,000
square feet of floor area. Some of the major tenants within the
shopping complex include Meriman Drugs and Dollar Tree,
which are on the west end of the shopping center, and then
AutoZone which is at the east end. This property as well as the
surrounding properties to the west and to the east and south are
all zoned C-2, General Business. There are residential
properties to the north of the shopping center. Second hand
stores and rummage shops, not including antique stores, fall
under Section 11.03(() of the Zoning Ordinance and specified
under this section are two special requirements: One, that there
shall be no outdoor sales, storage or display of merchandise,
September 23, 2014
26560
and secondly, that ingress and egress be provided by a road
having the right-of-way width of at least 120 feet. The proposed
store would occupy a unit that is located on the east side of the
shopping center. It will go on the side of the shopping center
where AutoZone is located. The store fronts west towards
Merriman Road. The unit measures only 20 feel by 80 feet in
size for a total of 1,600 square feet. This is identified as Unit 25.
This plan shows the vacancies within the shopping center but it
is not up -lo -dale because three of the units immediately
adjacent to Unit 25 will be occupied by a new leather store
called Tandy Leather. The petitioner has submitted a floor plan.
It's a basic sketch showing how the unit would be subdivided.
It's pretty much an open floor plan with racks and tables. About
95 percent of the items would be devoted to children, mostly
clothing and toys, and then a small section is devoted to
maternity clothing. Parking for the shopping center is based on
the total square footage of the complex. There is adequate
parking available to meet the needs of this store and all the
stores within the shopping center complex. They are not
proposing any exterior changes to this unit in particular other
than the addition of sign that would conform to the ordinance.
The owners representative is here this evening. They will be
undertaking a number of improvements to the center in the near
future, but it will not include any changes to this store front other
than a sign that would look something like this drawing. This
was requested at the study session. You wanted to see what
the sign would look like. The drawing doesn't have the
backdrop according to what the shopping complex looks like,
but I think it gives you an idea of the type of sign. It was
indicated that those would be individual letters that would be
illuminated and match the signs that are on the shopping center
today. This would be limited to 20 square feet. With that, Mr.
Chairman, I can read out the departmental correspondence.
Mr. Morrow: Yes, let's do that
Mr. Taormina: There are four items of correspondence. The first item is from
the Engineering Division, dated September 2, 2014, which
reads as follows: "In accordance with your request, the
Engineering Division has reviewed the above referenced
planning petition. We have no objections to the proposed waiver
use at this time. The proposed plan indicates that project will
consist of renovating the interior of the building which will not
require Engineering Department permits. The City legal
description provided with the petition has an error and does not
close. The legal description completed by Nowak 8 Fraus that
was provided by the petitioner along with the background
September 23, 2014
26561
information appears to be conect and is acceptable to this
office. The existing Mem-Five Retail Plaza is assigned an
address ranges of #31072 to #31320 Five Mile Road, and
#15420 to #15430 Merriman Road. The proposed store is to be
located Unit #25 of the building which corresponds to the
address of #31092 Five Mile Road. The existing structure is
currently serviced by public utilities, which are to remain in
place. Should changes to the existing utility leads be needed,
the owner will need to submit plans to the Engineering
Department to determine if permits will be required." The letter
is signed by David W. Lear, P.E., Civil Engineer 11. The second
letter is from the Livonia Fire & Rescue Division, dated
September 18, 2014, which reads as follows: "This office has
reviewed the site plan submitted in connection with a request to
operate a second hand store and resale shop located at the
above referenced address. We have no objections to this
proposal with the following stipulations: Chapter 35, New
Mercantile Occupancies, and Chapter 7, Means of Egress, must
be conformed to which includes Emergency Exit Signs,
Emergency Lighting, Exit Pathways, Travel Distance, Occupant
Load, and Extinguisher Requirements." The letter is signed by
Daniel Lee, Fire Marshal. The third letter is from the Division of
Police, dated September 3, 2014, 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 Joseph
Boilos, Sergeant, Traffic Bureau. The fourth letter is from the
Inspection Department, dated September 22, 2014, which reads
as follows: "Pursuant to your request, the above -referenced
petition has been reviewed. This Department has no objections
to this petition." The letter is signed by Jerome Hanna, Assistant
Director of Inspection. That is the extent of the correspondence.
Mr. Morrow: Are there any questions of the Planning Director? Mark, do you
know if that center has any of their own restrictions on the size
of signs?
Mr. Taormina: I will let the owner's rep answer that question.
Mr. Morrow: Okay. Thank you. Would the petitioner please come forward?
We will need your name and address for the record please.
Lisa Rich, 5453 Detroit Street, Dearborn Heights, Michigan 48125.
Mr. Morrow: Okay. You've heard the Planning Director. Now we're going to
give the floor to you to add or detract from what you've heard so
far. The Commission looks forward to learning a little bit more
about your business.
September 23, 2014
26562
Ms. Rich:
Okay. Well, I think Mark did a great job of explaining pretty
much what we're going to be doing there. Like he had said,
we're going to be selling new and gently used children's
clothing, children's toys, baby items, and maternity items. Our
inventory will be coming from customers, the general public, and
also online sources. We will be accepting items from the general
public just two days a week. We will have a list provided on the
items that will be accepted and how they should be brought in.
Examples are that they must be neatly folded, clean and in
boxes and containers. No bags will be allowed. Also we will be
advertising and doing some marketing with flyers, ValPack. We
also plan to visit some Montesson's, preschools, daycares, etc.,
and also have social media, Facebook and Google ads.
Mr. Morrow:
Maybe I missed it, but I think at the study session you said you
were going to be restncting the days and times that you would
receive items coming into the store to see if they can sell them
to you.
Ms. Rich:
Yes, that is correct. We will have that two days a week, and
there will be different limes when people can come in.
Mr. Morrow:
But the public will be aware of that?
Ms. Rich:
Yes, it will be posted on the door, and there will also be flyers in
the store that people can take with them.
Mr. Morrow:
Okay. Does the Commission have any questions of the
petitioner?
Ms. McIntyre:
I assume that you will be insuring that everything that comes in
meets current safely standards. In other words, I can't
remember if you're laking furniture like cribs?
Ms. Rich:
We will not be laking any cribs or any car seats.
Ms. McIntyre:
Okay. Perfect. That addresses my concerns. One suggestion
that I would have, and as a retailer, unless you're a retailer like
Target that you sell your own things or you sell in bulk, it's hard
to keep up with all the recalls of children's items, but maybe to
have a sign up in your store on your flyers that gives people the
cite. It's Consumer Protection of where they have the recalls of
all the kids' products. Do you know what I'm saying? So people
can be aware. Its a good thing if you are retailer of new or
gently used to probably check that from time to time to keep
current on because it changes all the time. I think this looks like
you have a very, very nice plan and I think we talked at the
September 23, 2014
26563
study meeting that this sounds similar to Baby Baby in
Northville, which is right on their downtown strip, and I'm
personally familiar with and I know they do a very nice job and
provide a nice service to the community.
Mr. Wilshaw:
I notice on your floor plan that you had a room that has a
washer and dryer in there. So if you do receive some
merchandise that has a slain or needs to be freshened up, you
have the ability to do that before you put the items on display.
Correct?
Ms. Rich:
Yes, absolutely.
Mr. Wilshaw:
Okay. We talked about this at the study meeting, but we just
want to make sure we keep things on the record. We were
going to ask in our approving resolution that when you gel to
Council, you consider volunteering what we call a Conditional
Agreement that would limit the approval of this waiver use to
you as a tenant as opposed to anybody who may come in the
future because waiver uses slay with the land once we approve
them. So this is a common request that we have that allows us
to protect the City as a whole a little bit by just asking if you
were to sell your business in the future or grow out of it or
whatever, great things may happen, that any future tenant that
would come would have to come in front of the Council again
just to get approval. So it doesn't limit you in any way. It just
gives us a little bit more protection. Are you okay with that?
Ms. Rich:
Yes, absolutely. Yes.
Mr. Wilshaw:
Okay. All right. Great. Thank you. That's all I have right now.
Thankyou.
Mr. Morrow:
It doesn't mean you can't sell your business. It just gives the
City a chance to review the prospective buyer and make sure he
conforms to what the original intent of the waiver was.
Ms. Rich:
Okay.
Mr. Morrow:
Any other questions?
Mr. Taylor:
Maybe I missed it, but this is not a consignment store, right? I
think we should make that clear because a lot of people, that's
what they do. They bring clothes in for them to sell. If they sell
them, fine. If they dont, they take them back.
Ms. Rich:
There will be no consignment.
September 23, 2014
26564
Mr. Taylor:
No consignment.
Ms. Rich:
No consignment at all.
Mr. Taylor:
Okay. I just wanted to clarify that. Thank you.
Mr. Morrow:
Are there any other questions of the petitioner? We're going to
give you the floor in case there's any type of promotion you
want to address to our television audience.
Ms. Rich:
I hope that it gets approved.
Mr. Morrow:
Just tell us a Iitfle bit about your background and why you got in
the business and what you look forward to in the community.
Ms. Rich:
I have a business background. I specialize mostly in finance, but
I also have a background in marketing and advertising. I've
been around children my whole life. I have two young children of
my own, a twoand-a-half year old and a three month old, and
I'm very familiar with children's items, maternity items, children's
clothing. I have many nieces and nephews, and a lot of friends
that have grown up that have many children as well. It's special
to my heart. It's a very special interest and this is where I would
like to see my future going.
Mr. Morrow:
And the good thing is children grow and there's turnover.
Ms. Rich:
There's a very high turnover. I can attest to that myself. I've
already had two. For my three month old, I've already had to
change her sizes twice, and I'm probably going to do that a third
time, and also with my two-and-a-half year old. She goes
through sizes very quickly. So there's a very high turnaround
for children's items, maternity items too, and toys and so forth.
Mr. Morrow:
Thank you very much.
Ms. Smiley:
My question is, your sign looks very nice, but I think it doesn't
meet our standards, does it? Through the chair to Mr. Taormina.
Mr. Taormina:
No. We pointed that out to the petitioner, and she has indicated
that she will make sure that the sign that's fabricated does
comply with the ordinance.
Mr. Morrow:
That clears up my prior question about if there's any restriction
althe shopping center.
September 23, 2014
26565
Mr. Wilshaw:
Just when we're talking about the basics of the business, some
of the questions we lend to ask sometimes and didn't this time
around. I guess it's probably good while you're promoting your
business to lel us know what hours of operation you're
considering.
Ms. Rich:
Currently, we would like to have the shop open Tuesdays,
Wednesdays, Thursdays, Fridays and Saturdays, closed on
Sundays and Mondays just to start. And the hours of operation
would be from 10:00 a.m. to 8:00 p.m.
Mr. Wilshaw:
Okay. And how many employees?
Ms. Rich:
To start off, it will just be me and my husband but we would like
to in the future to employ some people, a few.
Mr. Wilshaw:
Sure. Well, obviously a business that's ran by the owner gets
the most attention to detail of the operation. I like Ms. McIntyre's
idea. I agree. It sounds like you have a good business plan that
meets a need in the community. This isn't a large shop that
you're looking for. It's a small one. It's modest. I see no reason
why I wouldn't approve this particular waiver use. So thank you.
I know the representative from the property owner is also here.
I don't know if he wanted to supplement any information about
some of the upgrades that he was going to do to the site or
anything like that, but since he's here, he might want to promote
his center a little bit as well. I'll put him to work.
Mr. Morrow:
We'll need your name and address, sir.
Brian Terrace,
First Commercial, 27600 Northwestern Highway, Southfield,
Michigan 48034. We're the company that owns Merri-Five. A
couple of the planned improvements, as you well know, Tandy
Leather is well under way right now. It looks fantastic, but the
planned repairs are that they are going to paint the mansard
and that parking lot repairs are planned. The parking lot is
huge, 520 spaces, but it is planned, in the works to do repairs or
improvements, renovations, whatever you call those. I believe
that was it.
Mr. Morrow:
Okay. That's fine. You have the floor. You can add anything
else you want.
Mr. Terrace:
I should say they, she and Brian, will do a fantastic job.
Mr. Morrow:
I assume you're going to be the chief executive officer?
September 23, 2014
26566
Ms. Rich: Yes.
Mr. Morrow: That means your husband will be doing the laundry, right?
Ms. Rich: Yes.
Mr. Morrow: If (hats all the questions and comments, I'll go to the audience.
Is there anybody in the audience that wishes 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 McIntyre, seconded by Smiley, and unanimously adopted, it was
#0931-2014 RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on September 23, 2014,
on Petition 2014-08-02-11 submitted by Brian and Lisa Rich
requesting waiver use approval pursuant to Section 11.03(t) of
the City of Livonia Zoning Ordinance #543, as amended, to
operate a second-hand store and resale shop (The Children's
Ou0et) at 31092 Five Mile Road within the Mem-Five Retail
Plaza, located on the north side of Five Mile Road between
Mernman Road and Henry Ruff Road in the Southwest 1/4 of
Section 14, which property is zoned C-2, the Planning
Commission does hereby recommend to the City Council that
Petition 2014-08-02-11 be approved subject to the following
conditions:
1. That there shall be no outdoor sales, storage or display of
merchandise, and no storage of merchandise or other
materials in any type of temporary or portable unit,
structure, trailer or donation receptacle;
2. 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;
3. That no LED lighthand or exposed neon shall be permitted
on this site including, but not limited to, the building or
around the windows;
4. That the specific plan referenced in this approving
resolution shall be submitted to the Inspection Department
at the time of application for building permits, occupancy
permits and zoning compliance permits; and
5. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
September 23, 2014
26567
period of one year only from the dale 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.
Subject to the preceding conditions, this petition is approved for
the following reasons:
1. That the proposed use complies with all of the general
waiver use standards and requirements as set forth in
Section 19.06 of the Zoning Ordinance #543;
2. That the subject site has the capacity to accommodate the
proposed use; and
3. That the proposed use is compatible to and in harmony
with the surrounding uses in the area.
FURTHER, the Planning Commission recommends the
approval of a Conditional Agreement limiting this waiver use to
this user only, with the provision to extend this waiver use
approval to a new user only upon approval of the new user by
the City Council.
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. Morrow, Chainman, declared the motion is carried and the foregoing
resolution adopted. It will go on to City Council with an
approving resolution. Thank you for coming tonight, and good
luck.
ITEM #3 PETITION 2014-09-08-12 CADE MEADOWS
Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2014-
09-08-12 submitted by Triumph Building Company, L.L.C.
requesting approval under Section 18.62 of the Livonia Zoning
Ordinance to amend the site plan in connection with a
previously approved site condominium development (Cade
Meadows) on properly located at 36905 Ann Arbor Trail in the
Northwest 1/4 of Section 32.
September 23, 2014
26568
Mr. Taormina: This request involves modifications to a previously approved
site condominium project that dates back to 2006 under the
name of Cade Meadows. It was later changed to Dinallo Estates
in 2013 following a transfer of ownership. The site plans
approved under both of the earlier petitions were essentially the
same. The only thing that changed was the name of the
development. The property has changed hands once again, and
the new owner and developer is the Tnumph Building Company
out of Plymouth, Michigan. They are going to go back to the
original name, as far as I know, which is Cade Meadows. The
zoning map shows the location of the property in relationship to
the surrounding zoning and properties. It is on the south side of
Ann Arbor Trail just east of Newburgh Road. Abutting the
property to the south is Kingston Village Site Condominiums,
zoned RC, Residential Condominium. To the west there is an
office building and other commercial zoning, and to the east is a
single family home which is zoned RUF. Il was the owner of the
adjoining parcel to the east, the single family home, which the
previous developers apparently had an arrangement with
involving an exchange of land that would allow enough area in
the southeast corner of the property for the development of a
stormwater detention basin. I'll go back to the original plan that
is currently approved. You'll notice the cul-de-sac design, the
street with the turnaround, and looking at the bottom right hand
side of the drawing you'll notice that portion of the site which is
actually dedicated to an open water surface detention basin.
The land swap agreement also had the effect of providing
enough land for the 120 foot diameter turnaround needed to
service the 11 lot development. Unfortunately, this land swap
agreement with the abutting property owner is no longer in
place. As a result, its forcing several design changes including
replacing the cul-de-sac with a T-tumaround and the creation of
an underground stormwater detention basin as opposed to the
open surface pond and also the elimination of one lot. Looking
at this new plan, you will see what the impact is when you take
away that additional land area. One lot is eliminated. The cut -
de -sac design also has been modified as a T -turnaround. There
will no longer be an open detention basin. Instead, there will be
an underground stormwater detention system which more than
likely will be located at the rear of the lots, maybe on both sides
of the street. The Fire Marshall has reviewed this design and he
is okay with it. Some minor changes to the geomelrics of the T -
turnaround were recommended, which the petitioner has
complied with. All of the lots meet or exceed the R-1 district lot
size requirements. Where the corner lots are required to be 90
feet in width, there was already a variance granted to
accommodate the one lot which is a little bit deficient in width.
September 23, 2014
26569
But what this plan does is actually improves on the previous
design. These corner lots are larger than they were under the
original plan. I already mentioned stonmwater design changes.
Sidewalks would be provided on either side of the street with
this development. This would be a private street. It's very
similar in design actually to the T -turnaround that exists at
Kingston Village. In fact, if I go to the aerial photo and zoom in
on that area, you'll see the adjoining development to the south
and how it has a similar type of road design associated with it.
At the study session, there were questions regarding the homes
and compliance with the Master Deed and bylaws. It is the
developer's intention to comply with all the previously approved
building and use restrictions that were approved as part of the
Master Deed and bylaws. This includes the minimum building
sizes as well as the percentages of brick. I know these are only
line drawings but I have looked at them in detail. They are all
brick on the first floor. The size of homes range from 1,800
square feet to 2,500 square feel. Really what we're doing is
seeking your concurrence that the revised plan is within the
framework of the original approvals and we can move forward
with the development and the modified street design. Thank
you.
Mr. Morrow:
Is there any correspondence?
Mr. Taormina:
There is no correspondence, but as I did indicate, this is being
reviewed right now by our Engineering Division. They have had
several meetings with the petitioner. We did send this to the Fire
Marshal and they have approved this design.
Mr. Morrow:
So there has been a little bit of activity on this.
Mr. Taormina:
Yes.
Mr. Morrow:
Are there any questions of the Planning Director?
Mr. Wilshaw:
Through the Chair to Mr. Taormina, I just wanted to check a
couple details on this. The road will stay a private road. It will
not be handed over to the City when it is complete, correct?
Mr. Taormina:
That is correct. Maintenance of the road will be the obligation of
the residents of the development.
Mr. Wilshaw:
That will be handled through association dues.
September 23, 2014
26570
Mr. Taormina:
Yes. An arrangement will be made in the bylaws to provide the
necessary finances to handle road repairs, snow removal, and
all those things. Correct.
Mr. Wilshaw:
Okay. Do those terms end up in the condominium bylaws or the
documents fled with the State or the County to detail that?
Mr. Taormina:
That is correct.
Mr. Wilshaw:
Okay. The water detention system is a little unique because its
not going to be an open pond like we usually see. Do we have
other developments that have put an underground system in like
this?
Mr. Taormina:
We have several developments, in fad, that rely on a similar
design. Again, this is more of a conceptual design, but there will
be easements on those portions of the lots that will contain the
underground detention system. We have used that in several
residential developments in a similar fashion.
Mr. Wilshaw:
That has worked out well?
Mr. Taormina:
Yes, it has.
Mr. Wilshaw:
Okay. Thank you.
Ms. Smiley:
Lighting and sidewalks and all that is the same from the
previous plan?
Mr. Taormina:
Yes. Sidewalks are the same. Lighting is a standard
requirement so I'm not sure. I'd have to check with the
Engineering Division on the lighting requirements.
Ms. Smiley:
Okay. When the neighbor did not go with the land swap, does
this impact him, this new shape?
Mr. Taormina:
No.
Ms. Smiley:
Okay. Thank you.
Mr. Taormina:
Its a separate parcel.
Mr. Morrow:
It would appear that the petitioner is not here tonight. We'll find
out if the Commission is comfortable with this and all their
questions have been satisfied, and the Planning Director
concurs that there's not open questions that we would have to
ask the petitioner.
September 23, 2014
26571
Mr. Wilshaw: If I could ask one question to the Planner Director, have we ever
had any experience with Triumph Homes?
Mr. Taormina: I have not.
Mr. Wilshaw: Okay, so we don't know of anything they've done in the City.
Okay. Thanks.
Mr. Morrow: Tabling is always in order. Is anyone willing to make a motion
on this item?
On a motion by Smiley, seconded by Taylor, and unanimously adopted, it was
#0932-2014 RESOLVED, that the City Planning Commission does hereby
recommend to the City Council that Petition 2014-09-08-12,
submitted by Triumph Building Company, L.L.C. requesting
approval under Section 18.62 of the Livonia Zoning Ordinance
to amend the site plan in connection with a previously approved
site condominium development (Cade Meadows) on property
located at 36905 Ann Arbor Trail in the Northwest 1/4 of Section
32, be approved subject to the waiving of the open space
requirement of the Subdivision Rules and Regulations and the
following conditions:
1. That the final recorded copy of the Master Deed and
Bylaws shall comply with the requirements of the
Subdivision Control Ordinance, Tifle 16, Chapter 16.04-
16.40 of the Livonia Code of Ordinance, and Article XX,
Section 20.01-20.06 of Zoning Ordinance #543, and that all
building and use restrictions shall be in accordance with
the previously approved restrictions for Cade Meadows
and Dinallo Estates, including the following:
That the first floor of each condominium unit shall be
brick or stone, on all four (4) sides;
That the total amount of brick or stone on each two-
story unit shall not be less than 65% and not less than
80% on one-story dwellings;
That all exterior chimneys shall be brick; and
That the brick used in the construction of each unit shall
be full face four inch (4") brick;
September 23, 2014
26572
2. That streeflights and sidewalks shall be installed
throughout the development to the satisfaction of the
Engineering Department unless waived by City Council;
3. In the event of a conflict between the provisions set forth in
the Master Deed and bylaws and the requirements set
forth in the City of Livonia Zoning Ordinance No. 543, as
amended, the Zoning Ordinance requirements shall prevail
and petitioner shall comply with the Zoning Ordinance
requirements;
That the petitioner shall include language in the Master
Deed and bylaws or a separate recordable instrument
wherein the condominium association shall reimburse the
City of Livonia for any maintenance or repair costs incurred
for the storm water detention/retention and outlet facilities,
and giving the City of Livonia the right to impose liens on
each lot owners property prorala and place said charges
on their real estate lax bills in the event said charges are
not paid by the condominium association (or each lot
owner) within thirty (30) days of billing for the City of
Livonia;
5. That the Site Plan submitted by GLA Surveyors &
Engineers with a revised dale of September 16, 2014, is
hereby approved and shall be adhered to;
6. That Council Resolution #82-07 in connection with the
approval of the Landscape Plan for Cade Meadows, dated
January 12, 2007, prepared by South Hill Construction Co.,
shall be complied with as it applies to the new site plan;
7. That only a conforming entrance marker is approved with
this petition, and any additional signage shall be separately
submitted for review and approval by the Zoning Board of
Appeals;
8. That the Planning Commission recognizes the lot width
deficiency for Unit #10 and that a variance was previously
granted for the corner lot across the street, which is now
conforming, and has no objections to the latest plan which
reduces the amount of the variance;
9. That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of
Livonia, and/or the State of Michigan;
September 23, 2014
26573
10. That the Site Plan referenced in this approving resolution
shall be submitted to the Inspection Department at the lime
the building permits are applied for; and
11. That all required cash deposits, certified checks,
irrevocable bank letters of credit and/or surety bonds which
shall be established by the City Engineer pursuant to
Article XVIII of Ordinance No. 543, Section 18.66 of the
ordinance, shall be deposited with the City prior to the
issuance of engineering permits for this site condominium
development.
Mr. Taylor:
Mr. Chairman, under normal ciroumstances, we would want the
petitioner here, but we have heard this before and I read
through this approving resolution before it was read, and
actually it covers just about everything we would ever want to
cover. So that's why I'm supporting this resolution.
Mr. Morrow:
Any other discussion?
Mr. Wilshaw:
I have one question and then a comment. To Mr. Taormina,
with the prior approval, they went to the ZBA for a waiver of a
particular lot that had insufficient setbacks. Because this is
going to be a different lot that will have insufficient setbacks, do
they need to go back to the Zoning Board of Appeals and do we
need to put a provision in our approval resolution that they may
need to go back to the ZBA for any deficiencies.
Mr. Taormina:
I would lel the Building Inspection Department make that final
decision. If you want language added, we could, but ultimately
it will be the Inspection Department that will decide if they will
have to go back to the Zoning Board of Appeals. Since the
variance is still valid, the question is whether it can be
transferred to the lot across the street. It actually reduces the
request for a variance significantly.
Mr. Wilshaw:
I didn't know if we needed to codify that into our resolution.
Mr. Taormina:
Yes, we could add that language.
Mr. Wilshaw:
Okay. Thank you. My comment is that I typically don't like to
approve a resolution of this magnitude without the petitioner
even showing up, but as Mr. Taylor noted, I think that we have a
very detailed approving resolution here, and based on the
previous work done on the Master Deed for the prior
development, I think we have a very limiting approval that locks
this builder into certain characteristics of a home that we find
Mr. Morrow: Thank you, Mr. Wilshaw
ITEM #4 APPROVAL OF MINUTES 1,060'^ Regular Meeting
Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the
Minutes of the 1,060th Regular Meeting held on September 9,
2014.
On a motion by Taylor, seconded by Wilshaw, and unanimously adopted, it was
#0933-2014 RESOLVED, that the Minutes of 1,060th Regular Meeting held
by the Planning Commission on September 9, 2014, are hereby
approved.
September 23, 2014
26574
very important, like having brick all the way around. So we have
a pretty good idea of what we're going to get at this site as
opposed to them just slapping up some homes that we really
haven't had a chance to see. That being said, it would have
been nice if the petitioner had come, but after Mrs. Smiley read
that very detailed resolution, I'd hale to turn around and offer a
tabling. So I'll go ahead and go with this as well.
Mr. Morrow:
Did I hearlabling?
Mr. Wilshaw:
I will not. I wouldn't want to make Mrs. Smiley's work go to
waste.
Mr. Morrow:
I'm going to pass the gavel to Mr. Wilshaw because I'd like to
make a comment on this. I concur with everything Mr. Wilshaw
just said. I think we touched all the bases that relate to
approving this particular site plan because we pretty much
approved it in the past with minor changes. However, I'm a little
uncomfortable with the fad that the petitioner is not here and I'm
not going to ask why. But I guess what I'm trying to say, I want
the record to show that the petitioner needs to show up at the
City Council meeting so that they can pursue a lot of the
questions about the company and their track record that we
were unable to do tonight.
Mr. Wilshaw:
Are there any other comments from this Commission? If not, we
have an approving resolution on the floor.
Mr. Wilshaw, Acting Chairman, declared the motion is carried and the foregoing
resolution adopted. I will pass the gavel back to the Chairman.
Mr. Morrow: Thank you, Mr. Wilshaw
ITEM #4 APPROVAL OF MINUTES 1,060'^ Regular Meeting
Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the
Minutes of the 1,060th Regular Meeting held on September 9,
2014.
On a motion by Taylor, seconded by Wilshaw, and unanimously adopted, it was
#0933-2014 RESOLVED, that the Minutes of 1,060th Regular Meeting held
by the Planning Commission on September 9, 2014, are hereby
approved.
September 23, 2014
26575
A roll call vole on the foregoing resolution resulted in the following:
AYES:
Smiley, McIntyre, Wilshaw, Taylor, Morrow
NAYS:
None
ABSENT:
Bahr
ABSTAIN:
None
Mr. Morrow, Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made, seconded and unanimously adopted, the 1,061st Public
Hearings and Regular Meeting held on September 23, 2014, was adjourned at
7:53 p.m.
CIN PLANNING COMMISSION
Carol A. Smiley, Secretary
ATTEST:
R. Lee Morrow, Chairman