HomeMy WebLinkAboutPLANNING MINUTES 2017-11-14 I
MINUTES OF THE 1,114th PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, November 14, 2017, the City Planning Commission of the City of
Livonia held its 1,114th Public Hearings and Regular Meeting in the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan.
Mr. Ian Wilshaw, Chairman, called the meeting to order at 7:00 p.m.
Members present: Sam Caramagno Glen Long Betsy McCue
Carol Smiley Peter Ventura Ian Wilshaw
Members absent: Kevin Priddy
Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program
Supervisor, were also present.
Chairman Wilshaw informed the audience that if a petition on tonight's agenda
involves a rezoning request, this Commission makes a recommendation to the City
Council who, in turn, will hold its own public hearing and make the final
determination as to whether a petition is approved or denied. The Planning
Commission holds the only public hearing on a request for preliminary plat and/or
vacating petition. The Commission's recommendation is forwarded to the City
Council for the final determination as to whether a plat is accepted or rejected. If a
petition requesting a waiver of use or site plan approval is denied tonight, the
petitioner has ten days in which to appeal the decision, in writing, to the City
Council. Resolutions adopted by the City Planning Commission become effective
seven (7) days after the date of adoption. The Planning Commission and the
professional staff have reviewed each of these petitions upon their filing. The staff
has furnished the Commission with both approving and denying resolutions, which
the Commission may, or may not, use depending on the outcome of the
proceedings tonight.
ITEM #1 PETITION 2017-09-01-05 13335 FARMINGTON
LIVONIA DPW
Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2017-
09-01-05 submitted by the City Planning Commission, pursuant
to Section 23.01(b) of the City of Livonia Zoning Ordinance #543,
as amended, requesting to rezone the City-owned property at
13335 Farmington Road, located on the west side of Farmington
Road between the CSX Railroad right-of-way and Schoolcraft
Road in the Northeast 1/4 of Section 28, from M-1 (Light
Manufacturing) to PL (Public Land).
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Mr. Taormina: This is a city-initiated rezoning petition involving property that was
recently purchased by the City. It is a single parcel that is located
on Farmington Road just south of Schoolcraft Road and the 1-96
Expressway. This parcel adjoins other land that is owned by the
City that houses the various divisions and operations that make
up the City's Public Works and Public Services Departments. The
site is about 1.25 acres in size. It measures 200 feet of road
frontage by a depth of roughly 270 feet. Currently located on the
property is a 21,000 square foot industrial building. Plans are
currently underway to renovate and enlarge the building to serve
as the Department's new Administrative Offices as well and
Water and Sewer Maintenance building. The proposed change of
zoning from M-1, Light Manufacturing, to PL, Public Lands, is
appropriate in that it would make the zoning of this site consistent
with the zoning of the adjacent city-owned land. With that, Mr.
Chairman, I can read out the departmental correspondence.
Mr. Wilshaw: Please.
Mr. Taormina: There are three items of correspondence. The first item is from
the Engineering Division, dated September 26, 2017, which
reads as follows: "In accordance with your request, the
Engineering Division has reviewed the above referenced petition.
We have no objections to the proposed rezoning at this time. The
existing parcel is assigned the address of 13335 Farmington
Road. The attached legal description appears to be correct for
the parcel, and should be used in conjunction with this petition.
The owner has been in contact with this department regarding
utilities to redevelop the parcel, and is currently in the process of
site plan approval. Should the owner need to complete work
within the Farmington Road right-of-way, permits from the Wayne
County Department of Public Services will be required."The letter
is signed by David W. Lear, P.E., Assistant City Engineer. The
second letter is from the Treasurer's Department, dated
September 26, 2017, which reads as follows: "In accordance with
your request, the Treasurer's Office has reviewed the address
connected with the above noted petition. At this time, there are
no outstanding amounts receivable for taxes. Therefore, I have
no objections to the proposal." The letter is signed by Lynda
Scheel, Treasurer. The third letter is from the Finance
Department, dated September 20, 2017, which reads as follows:
"I have reviewed the addresses connected with the above noted
petition. As there are no outstanding amounts receivable, general
or water and sewer, I have no objections to the proposal." The
letter is signed by Coline Coleman, Chief Accountant. Thank you.
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28334
Mr. Wilshaw: Are there any questions for our Planning Department? The
petitioner in this case is the City. Is there anybody here to speak
on this in addition to what has already been presented, Mr.
Taormina?
Mr. Taormina: No.
Mr. Wilshaw: Okay. With that, I'll go the Commission. Is there any questions or
comments on this? If not, a motion would be in order.
On a motion by Caramagno, seconded by McCue, and unanimously adopted, it
was
#11-65-2017 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on November 14, 2017, on
Petition 2017-09-01-05 submitted by the City Planning
Commission, pursuant to Section 23.01(b) of the City of Livonia
Zoning Ordinance #543, as amended, requesting to rezone the
City-owned property at 13335 Farmington Road, located on the
west side of Farmington Road between the CSX Railroad right-
of-way and Schoolcraft Road in the Northeast 1/4 of Section 28,
from M-1 to PL, the Planning Commission does hereby
recommend to the City Council that Petition 2017-09-01-05 be
approved for the following reasons:
1. That the property is intended solely for public use purposes
and PL zoning is a more appropriate zoning;
2. That PL zoning is compatible to and in harmony with the
existing zoning of the adjacent Department of Public Works
(DPW) complex;
3. That the proposed change of zoning would allow the subject
property to be incorporated into the DPW yard; and,
4. That the proposed change of zoning permits the building to
be renovated into the DPW's administrative offices and
Water and Sewer maintenance building.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 23.05 of
Zoning Ordinance #543, as amended.
Mr. Wilshaw: Before we go forward, I did neglect to ask if there is anybody in
the audience that wishes to speak for or against this item? I don't
see anybody coming forward. Thank you. With that, we have a
motion on the floor for approving. Is there any comments on the
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motion? Please call the roll. The motion is carried and the
foregoing resolution adopted. It will go on to City Council with an
approving resolution.
ITEM #2 PETITION 2017-10-01-06 SOUTHWEST HOUSING
Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2017-
10-01-06 submitted by Southwest Housing Solutions pursuant to
Section 23.01 of the City of Livonia Zoning Ordinance #543, as
amended, requesting to rezone the property at 29023 Eight Mile
Road, located on the south side of Eight Mile Road between
Brentwood Avenue and Middlebelt Road in the Northwest 1/4 of
Section 1, from C-1 (Local Business) to OS (Office Services).
Mr. Taormina: This request is to rezone property from C-1, Local Business, to
OS, Office Services. It involves property located on the south side
of Eight Mile Road, approximately three parcels to the east of
Middlebelt Road. The parcel in question is described as Lot 349
of Supervisor's Plat Livonia #6. The parcel is roughly one acre in
size, measuring 160 feet in width by 268 feet in depth. The
subject property is currently vacant and is owned in common with
the two adjacent parcels located to the east, which are described
as Lots 350 and 351. Both of these parcels are currently zoned
OS, Office Services, and are also vacant. To the west of the
subject property is the Mid-Eight Plaza, which is a multi-tenant
retail center. To the east is a cemetery, and to the south are
residential properties under the RUF zoning classification.
Together the three parcels comprise roughly 2.06 acres with
roughly 335 feet of frontage on Eight Mile Road. The requested
rezoning is a requisite first step by the applicant, Southwest
Housing Solutions, to ultimately entitle the property for the
development of a senior independent housing complex. The OS
district allows housing for the elderly subject to waiver use
approval. The proposed senior apartment complex would be
three stories in height and consist of 55 one and two-bedroom
dwelling units. The unit sizes would range from 750 square feet
for the one-bedroom units to approximately 1,050 square feet for
the two-bedroom units. The project would include income-
restricted housing for residents that earn 30, 50 or 60 percent or
less of the area median income. The approximate total project
budget is $15.2 million. In 2005, the City approved this site for the
development of a two-story office building containing 12,000
square feet. The site plan was extended at least two times before
the project was ultimately abandoned. The Future Land Use Plan
does designate this parcel as future commercial. With that, Mr.
Chairman, I can read out the departmental correspondence.
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28336
Mr. Wilshaw: Yes, please.
Mr. Taormina: There are three items of correspondence. The first item is from
the Engineering Division, dated November 2, 2017, which reads
as follows: "In accordance with your request, the Engineering
Division has reviewed the above referenced petition. We have no
objections to the proposed rezoning at this time. The existing
property is assigned an address of#29023 Eight Mile Road. The
included legal description appears to be correct and should be
used in conjunction with this petition. The property is currently by
serviced by City of Livonia sanitary sewer and water main, within
the Eight Mile Road right-of-way. A storm sewer outlet is available
to the parcel either in the storm sewer owned by Oakland County
within the Eight Mile right-of-way, or in the open drain to the south
side of the parcel. The submitted drawings do not indicate any
proposed utility construction, detention or calculations, so we
cannot comment on impacts to the existing systems at this time.
Should the owner develop the parcel per the submitted drawing,
storm water detention will be required for the parcel per the
Wayne County Storm Water Ordinance. Depending on the
chosen outlet, the owner will need to obtain permits from either
the City of Livonia, or Oakland County for any work within the
Eight Mile right-of-way." The letter is signed by David W. Lear,
P.E., Assistant City Engineer. The second letter is from the
Treasurer's Department, dated October 24, 2017, which reads as
follows: "In accordance with your request, the Treasurer's Office
has reviewed the address connected with the above noted
petition. At this time, there are no outstanding amounts receivable
for taxes. Therefore, I have no objections to the proposal." The
letter is signed by Lynda Scheel, Treasurer. The third letter is
from the Finance Department, dated October 20, 2017, which
reads as follows: "I have reviewed the addresses connected with
the above noted petition. As there are no outstanding amounts
receivable, general or water and sewer, I have no objections to
the proposal."The letter is signed by Tim Priebe, Accountant II.
Thank you.
Mr. Wilshaw: Are there any questions of the Planning Director? Seeing none,
we will go to the petitioner. Is the petitioner here this evening?We
will need your name and address for the record please.
Steve Pariseau, Shelter Design Studio, L.L.C., 104 W. Fourth Street, Suite 303,
Royal Oak, Michigan 48067.
Janay Mallett, Southwest Housing Solutions Corporation, 1920 25th Street, Suite
A, Detroit, Michigan 48216.
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Mr. Wilshaw: What would you like to add to what you've heard so far in the
presentation?
Mr. Pariseau: I think I'd like to respond to the request for stormwater
management during the design and development of the plans.
We're really in the initial stages of planning and development for
the parcel itself working with Southwest Housing Solutions. We're
still working through exactly what amenities are going to be
included within the building itself, but absolutely will include
stormwater management on the parcel. It is going to be probably
a combination of different things via through stormwater directly
piped either on the south side of the property or on the north side
into the Oakland County right-of-way. But we'll also do some on-
site stormwater management via a rain garden or some feature
on the site as well.
Mr. Wilshaw: Are you the architect for the project?
Mr. Pariseau: I am the architect, yes.
Mr. Wilshaw: Is there anything else that you would like to tell us about this
proposal?
Ms. Mallett: I think we're okay. We'd like to entertain some questions if you
have any.
Mr. Wilshaw: I think we will have some folks in the audience with questions.
We'll first start with the Planning Commission and see if anybody
has questions.
Ms. Smiley: What is a senior?
Ms. Mallett: The Michigan State Housing Development Authority, per their Act
that was passed in 1966, defines a senior as 55 years and older.
Ms. Smiley: Okay. And these are not assisted living. They're independent
living apartments.
Ms. Mallett: Well, they are independent living. We would not be offering any
assistance just due to the size of the project. With only offering
55 units, I do want to have a full-time property manager living on
site, but in order to do assisted living, usually we do twice as
many units to be able to have enough significant rental income to
support staff that would be needed for assistant housing.
Ms. Smiley: You said 55 units. Are these one or two bedrooms?
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Ms. Mallett: They are a combination of one bedroom and two bedrooms.
Ms. Smiley: I understood you to say there was some subsidy involved in it?
Ms. Mallett: Southwest Housing Solutions would apply to the Michigan State
Housing Development Authority for 90 percent low income
housing tax credits. The equity that is yielded from the project
allows us to build our project. By given enough equity into the
project, we're able to set the rents low so we can serve families,
seniors, that earn 30 percent of the area's medium income, all the
way up to 60 percent of the area's medium income. By using the
90 percent tax credits, we don't have to support such a high
permanent loan. The project wouldn't support a permanent loan
unless it was market rate housing.
Ms. Smiley: Okay. Thank you.
Mr. Wilshaw: Is there any other questions for our petitioner?
Mr. Ventura: Can you tell me how many Livonia residents qualify for this
housing at the incomes that fall within these categories?
Ms. Mallett: Sure. Part of the process with the Michigan State Housing
Development Authority is I, as an applicant, send them a check,
and then they engage a market consulting company. By engaging
the market consulting company, MISHDA will tell us what the
demand is and if there's significant demand for this type of
housing within the community. The market study was conducted
by a consultant who determined that the primary market area
roughly is the entire City of Livonia. He went north up to 10 Mile
Road to Farmington Hills. He roughly used Telegraph Road to the
east. He used all the way to the City of Livonia Interstate 96 and
then 275 was his western border.
Mr. Ventura: But that doesn't tell me . . . that was in your petition. That doesn't
give me a number.
Ms. Mallett: Sorry, sorry. For affordable housing, he is recommending that
there is a demand for 544 households desiring 30 . . .
Mr. Ventura: Within the City of Livonia?
Ms. Mallett: Within that primary market area. So the primary market area went
all the way up to 10 Mile Road, Telegraph, 96 and then 275.
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Mr. Ventura: Okay. Can you tell me how many of those people are in the City
of Livonia?
Ms. Mallett: I would have to ask them to deduct the Farmington Hills area from
8 to 9 to 10 Mile, but if we assumed 80 percent. There's not too
much population between 8 and 10 Mile Roads from 275 to
Telegraph. There's quite a bit of industrial in there, but I could ask
the market study analyst to be able to shed some light on that.
We are working very closely with your public housing director to
also come up with a wait list and identify tenants that perhaps
maybe already have wait lists for city-owned affordable housing
units for the elderly. So we're working very closely with your
public housing commission to make sure that we do serve as
many residents and try to address the local need as much as
possible.
Mr. Ventura: Thank you.
Mr. Long: The AMI, Average Monthly Income, is that based just in that
geographical area that you just described? Where is that
calculated from?
Ms. Mallett: We have already had that provided in our market study, and I
could read that off to you if you'd like me to.
Mr. Long: I would like that, please.
Ms. Mallett: HUD sets the Area Medium Income. So for households earning
30 percent AMI, the range is $11,200 — I'm rounding up — to
$15,700. For households that fall in the 40 percent AMI, the
income is $15,700 to almost $22,000. For households in the 60
percent Area Medium Income, the range of income is $22,400 to
almost $33,000.
Mr. Long: Thank you.
Mr. Wilshaw: Are there any other questions for our petitioner?Again, I'm going
to go to the audience for questions now. I do want to remind both
my fellow Commissioners and the audience, that this is a zoning
petition that's in front of us. The site plan itself is conceptual at
this point, and if the zoning was to move forward, the site plan
would have to come back to us for detail analysis. So just keep
that in mind as we go forward. Is there anybody in the audience
that wishes to speak for or against this item? Sir, please come up
to one of the microphones so our vast TV audience can hear you.
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Andrew Bauer, 29030 Morlock, Livonia, Michigan 48152. Basically, I've lived
behind this property my whole life. Since the 40's my family has
owned this property. I know everybody on the street here. The
drainage is in the backyard of the people next to me. My concern
is with the runoff. It already comes from the gas station and the
strip mall and floods through. One day somebody ripped the gas
pump off and pumped gasoline all the way down through the
valley behind our properties and killed everything on both sides
of the creek bed for about eight months. If you're going to push
more water out there, the open drainage is in the residential
property. It's not in this property. I'm concerned with the wildlife
down there, and is there going to be a green wall or a brick wall
between my residential and this commercial new situation here
with these people in this housing?
Mr. Wilshaw: Thank you, sir, for your questions. Anytime commercial or office
zoning abuts residential, we require that there be a masonry wall.
Mr. Bauer: A brick wall.
Mr. Wilshaw: Yes, a brick wall. Then, of course, the other issue in terms of
drainage of water, they would be required to manage that on-site
and not affect the neighboring properties. That's a Wayne County
stormwater program. They have fairly extensive requirements.
Mr. Bauer: I understand.
Mr. Wilshaw: Thank you very much. You're on Morlock, correct?
Mr. Bauer: Yes.
Mr. Wilshaw: Okay. Thank you, sir. Is there anyone else in the audience
wishing to speak for or against this item? Sir, please come
forward.
Nicholas Pilzner, 29060 Morlock, Livonia, Michigan 48152. My property is directly
behind the property that they're asking to be rezoned. I'd say my
property borders about 40 percent on the edge of that. I would
like to speak out against the change. We have seen changes
before with the senior housing at 29270, which has caused
numerous noise issues and noise complaints for people that live
in our suburb or in our direct area. That is also a very big concern
to me as well as putting up that masonry wall and potentially
destroying the little bit of wildlife and the little bit of forest that we
do have back there. That is a major concern as we don't have
much left in Livonia and that is something that we should aim to
preserve. If the runoff could be a potentially bigger issue now, that
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only adds more fuel to that fire. As well as we do have pets. That
does add major concern there if there is an issue with runoff.
There is an issue in that side of it that could definitely cause
problems and trickle back, as well as having a multi-story property
that does also take away from the little bit of property view that
we do have towards Eight Mile Road, which would then be
completely eliminated as well as any northern sun towards my
house or property would be eliminated which could cause a lot
bigger issues and a lot of money that I would waste.
Mr. Wilshaw: Thank you, sir. I appreciate your comments. Is there anyone else
in the audience wishing to speak for or against? Seeing no one
else, normally we go back to our petitioner and give them a
chance to respond to anything that they may have heard if there's
any specific issues you would like to address.
Mr. Pariseau: I think we have spoken about the water runoff issue extensively,
so I don't think I need to address that any further. We would take
all precautions to prevent runoff from going onto the adjacent
parcels. It would all be housed on-site. As far as aesthetically,
we've been tasked by the owner and the City to actually put
together a building that is very aesthetically pleasing and does
blend into the neighborhood so it's a more residential type
building as far as how its faced and the facade of it and how it is
masked. So it's not going to be some giant hulking building. It will
have relief in the facade and use residential materials such as
brick and hardy siding with pitched roofs. So aesthetically I think
it's also going to be of benefit to the community. I think that's just
about it other than we certainly will landscape to exceed the
ordinance requirements. If screen walls and landscape buffers
would assist with that recommendation, that would be great.
Mr. Wilshaw: Okay. Thank you. Are there any questions from the Commission?
Ms. Smiley: You said that you spoke with our Housing Director and he said
there is a demand or there is a need for this kind of housing in
Livonia?
Ms. Mallett: Yes. You have a number of city-owned properties that are set
aside for elderly housing that do have extensive wait lists.
Mr. Wilshaw: Mr. Inglis is getting pulled up here.
Jim Inglis, Director of Housing, City of Livonia, 33000 Civic Center Drive, Livonia,
Michigan 48154. Yes, we have extensive waiting lists at all of our
affordable housing. So when you talk about senior housing, a lot
of times there's a lot of supportive services. There's lots of
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nursing services that go into that and those rents are very, very
high. But this particular development is, in fact, what I call
affordable equal to McNamara Towers, the William Brashear
Tower, Ziegler Place, Newburgh Village, Silver Village, all of our
other properties. All of those have extensive waiting lists, over a
year for all of our properties. So, yes, there's very much a demand
for senior housing, and all of our senior housing, the ones that
are developed by the City, Silver Village and Newburgh Village,
you must be a resident of the city and both of those waiting lists
have close to 100 families on each one, and then McNamara
Towers, Ziegler Place and Brashear Tower all have a waiting list
of 75 or more, and they do give a residency preference. So, yeah,
we have an extensive need for additional affordable housing and
this would be affordable in that residents would pay a certain
percentage of their monthly income for rent and then there would
be federal subsidies involved in terms of making the project work.
Ms. Smiley: So our Director doesn't see this as competitive.
Mr. Inglis: Not at all. Not 55 units. It's a drop in the bucket for what we really
need in this community.
Ms. Smiley: Thank you.
Mr. Wilshaw: Thank you, Mr. Inglis, for coming forward and giving us that
additional information. Is there any other questions from the
Commission?
Mr. Ventura: Can you tell me, will Livonia residents have a preferential place
in line to get into this facility?
Ms. Mallett: Yes. We'd like to work with Mr. Inglis to make sure that we can
accommodate the residents that have especially been on waiting
lists for properties that the city owns for a lengthy period of time.
Mr. Ventura: Thank you.
Mr. Long: Can I ask a question of Mr. Pilzner who was up a minute ago?
Mr. Wilshaw: Sure. I think he's going to come forward again.
Mr. Long: Just a question for you. You understand that this is a rezoning
request?
Mr. Pilzner: Correct.
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Mr. Long: And currently it is zoned for local business. So if we didn't put this
thing forward, you could end up with any kind of business that
would qualify under that zoning to go there. Would that be
preferable to you than something like this?
Mr. Pilzner: Ideally, yes. I think that having 55 residents as well as . . . that
doesn't count anybody that they might have over and anything
that they may have. People have friends. People are going to
have more people. It's going to be a lot of traffic in and out of it.
It's going to bring a lot of traffic to our house as well as noise.
When you're looking at a gas station, for example, or other stores
like that, it is much more minimal in comparison to 55 plus people.
Mr. Long: So most of these similar type of senior housing, certainly they
may have 55 residents in there, but a lot of them may have their
car but they only start it once a week. They don't do a lot of
driving. I'm not really sure. I understand your concern but I'm not
sure that you will really see the traffic that you're . . . I don't think
you'll see more traffic in something like this than you would in a
retail business when you have people and coming and going all
day long. Generally speaking, these things don't get a lot of
visitors at night and things like that. But I appreciate your
comments. I think it is something to consider.
Mr. Pitzner: Absolutely.
Mr. Wilshaw: Thank you, again. Is there any other questions, comments?
think that being said, is there anything else that you would like to
add as our petitioners? Okay. I think we've given everyone a
chance to speak. Okay. Good. With that, I'll close the public
hearing and a motion is in order.
On a motion by McCue, seconded by Smiley, and unanimously adopted, it was
#11-66-2017 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on November 14, 2017, on
Petition 2017-10-01-06 submitted by Southwest Housing
Solutions pursuant to Section 23.01 of the City of Livonia Zoning
Ordinance #543, as amended, requesting to rezone the property
at 29023 Eight Mile Road, located on the south side of Eight Mile
Road between Brentwood Avenue and Middlebelt Road in the
Northwest 1/4 of Section 1, from C-1 to OS, the Planning
Commission does hereby recommend to the City Council that
Petition 2017-10-01-06 be approved for the following reasons:
1. That OS zoning is compatible to and in harmony with the
surrounding zoning districts and land uses in the area;
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2. That OS zoning would allow for the development of a three-
story senior independent housing facility; and
3. That the anticipated senior independent housing facility is
a use that is consistent with the goals and policies of the
City.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 23.05 of
Zoning Ordinance #543, as amended.
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving resolution.
Again, just a reminder to anybody interested in this petition, the
site plan will have to come forward in the future as well so there
will be additional opportunity to look at this.
ITEM #3 PETITION 2017-10-01-07 FELDMAN AUTOMOTIVE
Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2017-
10-01-07 submitted by Feldman Automotive, Inc., pursuant to
Section 23.01 of the City of Livonia Zoning Ordinance #543, as
amended, requesting to rezone the rear portion of the property at
33850 Plymouth Road, located on the north side of Plymouth
Road between Farmington and Stark Roads in the Southeast 1/4
of Section 28, from M-1 (Light Manufacturing) to C-2 (General
Business).
Mr. Taormina: This rezoning petition involves a single parcel located on the
north side of Plymouth Road just west of Farmington Road. It is
the site of a former car dealership, Olson Oldsmobile. The parcel
measures roughly 10 acres in size with 340 feet of frontage on
Plymouth Road by an average depth of 1,300 feet. The requested
zoning change would affect the northerly 1,000 feet of the
property, which is about 7.7 acres, or roughly 3/4th of the site.
Currently, the property is divided into two different zoning
classifications. The southerly 300 feet of the site, including the
portion that fronts on Plymouth Road, is zoned C-2, General
Business, whereas the remaining back section of the property,
the northerly 1,000 feet, is zoned M-1, Light Manufacturing. The
entire site is currently vacant. Until around 2001, the C-2 portion
was used primarily as an automobile dealership that included
operations for the display and sales of cars and light trucks, parts,
repairs as well as a separate car wash building. Roughly half of
the rear of the property, on the M-1 zoned portion, was used to
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store vehicles related to the dealership business. The petitioner
in this case is Feldman Automotive. They now own and operate
the former Tennyson Chevrolet dealership, which is located on
Plymouth Road approximately half a mile to the east of this
location. Feldman presently has the subject property under
contract and is requesting to amend the zoning map in
anticipation of redeveloping the site to expand it's dealership
operations. If approved, the C-2 zoning would encompass the
entire site allowing the petitioner to file a waiver use petition for
the new dealership. A conceptual site plan has been submitted
that shows the layout of the new dealership, including the car
sales lot, the building at the front portion of the property and
parking for over 600 vehicles located on the balance of the
property, including most of the rear of the site which would be
rezoned. The northern most portion of the site would potentially
be developed as a large stormwater holding pond or detention
basin. Going back to the surrounding land uses, immediately to
the west and east are a variety of commercial buildings that front
along Plymouth Road. Also to the west are single family homes
zoned RUF, Rural Urban Farm. To the south across Plymouth
Road are a variety of commercial buildings also fronting on
Plymouth Road. The Future Land Use Plan for this parcel shows
a combination of general commercial mixed land use and
industrial. With that, Mr. Chairman, I can read out the
departmental correspondence.
Mr. Wilshaw: Yes, please.
Mr. Taormina: There are three items of correspondence. The first item is from
the Engineering Division, dated November 2, 2017, which reads
as follows: "In accordance with your request, the Engineering
Division has reviewed the above referenced petition. We have no
objections to the proposed rezoning at this time. The existing
property is assigned an address range of #33836 to #33850
Plymouth Road, with the address of #33850 Plymouth Road
being assigned to the overall parcel. The included legal
description appears to be correct and should be used in
conjunction with these petitions. The property is currently by
serviced by City of Livonia sanitary sewer and water main, within
the Plymouth Road right-of-way. There is a large storm drain
owned by Wayne County passing through the center of the site.
The submitted drawings do not indicate any proposed utility
construction or calculations, so we cannot comment on impacts
to the existing systems at this time. Should the owner pave the
proposed storage area as required by ordinance, storm water
detention will be required for the parcel per the Wayne County
Storm Water Ordinance. The owner will need to obtain permits
1
November 14, 2017
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from Wayne County for any storm sewer detention and
connections to the existing sewer system, as well as obtaining
permits from MDOT for any work within the Plymouth Road right-
of-way. Should fire protection of the entire storage area be
required by the Fire Department, the owner will need to obtain
permits from this department, as well as the MDEQ, for the
private water main and hydrants. The owner will also need to
submit construction drawings to this department showing
proposed grades in order to obtain grading and soil erosion and
sedimentation control permits prior to any construction activities."
The letter is signed by David W. Lear, P.E., Assistant City
Engineer. The second letter is from the Treasurer's Department,
dated October 18, 2017, which reads as follows: "In accordance
with your request, the Treasurer's Office has reviewed the
address connected with the above noted petition. At this time,
there are no outstanding amounts receivable for taxes.
Therefore, I have no objections to the proposal." The letter is
signed by Lynda Scheel, Treasurer. The third letter is from the
Finance Department, dated October 13, 2017, which reads as
follows: "I have reviewed the addresses connected with the
above noted petition. As there are no outstanding amounts
receivable, general or water and sewer, I have no objections to
the proposal." The letter is signed by Coline Coleman, Chief
Accountant. That is the extent of the correspondence.
Mr. Wilshaw: Are there any questions of the Planning Director? Seeing none,
is the petitioner here? We will need your name and address for
the record please.
Trey Brice, Jaffe Raitt Heuer & Weiss, P.C., 27777 Franklin, Southfield, Michigan
48034. I can give some basic extra information. I also have a
cadre with me - Jay Feldman, the president of Feldman
Automotive, Dave Katarski, the Chief Operating Officer, as well
our engineer, Tom Gizoni, with Alpine Engineering. So we can
kind of handle most of the questions. A lot of it, the engineer's
point there, gets more into the site plan and the development,
which of course we will be back. We have plenty of permits and
things we'll have to get through. All of that follows the first step
here of hopefully the rezoning. As Mark said, and we've been
working with the City on this parcel to get where we are. We're
actually looking at whether it will be a waiver or even conditional
rezoning, which would be the final step with the City. Not
something that you guys deal directly with. The property is
begging for the improvement that we're looking to do. It sat vacant
for awhile. It was a car dealership. We're looking just to revive
that, help the City in the fact that it will be no longer an eyesore.
It will be looking better. It will add to the property tax revenue. The
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28347
back portion already is, even though it is M-1. The middle third,
let's say, already has the asphalt. The goal would be hopefully
just to seal coat and stripe it so we could use it. If it needs
refurbishing or reconstruction, that will happen while it is set for
potentially 600 or up parking spots. It's more going to be a phased
system as needed, and so we wouldn't be going all the way to the
back until or unless it was needed. We've got the stormwater
basin in there. There also is a cell tower in the back corner. The
owner, we've been in contact, knows that this is happening.
Doesn't impact their use so they're fine with it. We may in the final
drawings have to move the access road a little to make the
property work better, but again, all services will be there. There
really isn't anything . . . as you mentioned, the surrounding
properties are mostly compatible whether it be manufacturing or
the front part that is C-2 already. The big parcel that is to the east,
the northeast section, is actually already by the city been
approved for RV storage. Already have some vehicle parking in
the area so it's compatible with that. The westerly boundary has
five, six residential parcels. A screen wall will be required.
Landscaping and those sorts of things will be added with the
landscaping plan as we go through the site plan approval,
realizing trying to be or intend to be good neighbors to make sure
that any impact is minimal as possible. To that same extent,
we've got lighting plans that I did send Mark, an initial one the
other day that we have some special timers that we can reduce
the back lighting to reduce any sort of visual impact it would have
from the residential properties, which are the major concern of
the neighbors that we have. Basically, that's the picture. The best
we've got. It is in harmony with all of the land uses. The change
will allow us to develop it and work within the City. So I'm open to
any questions you may have. Some specifics. We can bring up
some of the experts.
Mr. Wilshaw: Sounds great. Thank you for your presentation. Is there any
questions for the petitioner?
Mr. Long: You mentioned that you envision this being a phased
development and you may not need the whole depth of the parcel
right away. However, the drawings indicate that the detention
pond would go all the way in the back.
Mr. Brice: Yes.
Mr. Long: So that's how you would develop it then? You would put the
detention pond in and you just kind of have the activity up front
and then would that keep the stormwater from running to that
detention pond if the middle part wasn't developed?
November 14, 2017
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Mr. Brice: Yes. It's almost I guess the front and the back end would be
developed because we have to have the detention pond. We may
have to move the road. It will meet all of the drainage
requirements both city, state, county. The plan wouldn't be that it
would block off any sort of drainage. It would all be tied in. Those
plans would be part of the site plan and part of your approval. It
wouldn't be the intent to build a retention pond in the back that
then would serve no purpose.
Mr. Long: Right. Right now, that back portion, that's the area that has the
trees or the vegetation, the foliage, that you would be clearing all
that out and putting the detention pond in there.
Mr. Brice: Yes. Some of that would be cleared, yes. And it looks much nicer
from the picture there. It's more kind of scrub brush and trees. It's
not forest as we might have heard from the first situation. But yes,
that's correct.
Mr. Long: Okay. Thank you.
Mr. Ventura: Looking at the aerial on the monitor there, it's fairly clear where
the pavement ends. The site plan that is included in our packet
shows quite an addition of parking spaces. Is it your intention to
pave more of the site?
Mr. Brice: That would go to the phasing part I was talking about. If initially
we used, we have gravel to keep it more pervious land so water
can drain more properly. The overall picture, if needed, yes.
That's the approval and that's the site plan we're putting in, but
not necessarily construction from day one of all of the parking.
Mr. Ventura: But to be clear, the intention would be when it was put into
service, it would be paved.
Mr. Brice: Yes. Eventually, it would be paved, yes.
Mr. Ventura: Thank you.
Ms. Smiley: It's really not for the petitioner. More to Mark. Is this land
landlocked like you could never expand the subdivision or
anything behind it?
Mr. Taormina: That would all depend. There is no public right-of-way available
to any portion of the site that I'm aware of other than Plymouth
Road. So if you're asking about the rear portion of the property,
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28349
the development would probably have to include additional land
to get access to that portion of the site.
Ms. Smiley: I know we've gone there before, but approximately, how many
car dealerships are on Plymouth Road?
Mr. Taormina: I provided that information in your e-packet, and I apologize that
I don't have it on this slide show. But if you refer to that section of
your e-packet, it will answer your question. I've broken it down
between active new and used car dealership operations, some of
which as you know are owned together, such as Bill Brown Ford
which has several operations along Plymouth Road, not all
contiguous. Then you have a couple inactive properties. This one
is identified as one of the inactive former dealership properties.
Also, we've identified some of the storage lots along Plymouth
Road that are used by the various dealership operations.
Ms. Smiley: Okay. And this is one more. How about the Plymouth Road
Development Authority? How do they feel about another car
dealership?
Mr. Taormina: The PRDA has not reviewed this rezoning petition yet. Should the
zoning move forward, they would most certainly look at any site
plan petition involving the property.
Ms. Smiley: And our Future Land Use Map shows it as Mixed.
Mr. Taormina: Yes. That category was added about 10 years ago when the
Planning Commission looked at possible land use options
involving larger under-utilized or undeveloped parcels. It was
shortly after the development of the Mixed Use project across the
street, the Fountain Park development. It was felt that this might
someday represent a good location for a Mixed Use project with
the commercial zoning up front and some of the under-utilized
land to the north, which was at a time when the dealership was
no longer in operation. There was discussion at one time about
developing the site with higher density residential, but that never
transpired.
Ms. Smiley: I do have another question. If it's 100 percent pre-owned, would
there be a lot of people coming to this site?
Mr. Brice: It's a business. I hope so.
Ms. Smiley: Are they buying them on line and then coming to pick them up?
November 14, 2017
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Mr. Brice: Some will be a showroom. We've proposed a 5,500 square foot
showroom that will have cars in it. Some of the back is parking,
extra overflow parking, whether it be for this lot or some of the
other lots. It will be a normal kind of car dealership. You'll have
the normal traffic that comes in and out which is similar to any
normal commercial operation that otherwise could be there as
well.
Ms. Smiley: I guess my problem is there's so many car dealerships up and
down Plymouth Road, and the PRDA put in a fortune to make it
more attractive and not so industrial. I guess I would probably like
a little more mixture. It's like car lot city. Thank you.
Jay Feldman, CEO, Feldman Automotive, Inc., 30400 Lyon Center Drive East,
New Hudson, Michigan 48165. I just want to say, if I have a
second, if that's okay?
Mr. Wilshaw: Yes, go ahead.
Mr. Feldman: We got involved in the Tennyson operation in 2012 after the GM
bankruptcy. At one point, Tennyson was going to go away and it
was sort of before my time, but since that time, we've had a lot of
great success there and redeveloped that site as you can see.
We've spent a lot of money redeveloping it. Quite frankly, we ran
out of room, so it's been a pretty good success. We originally
looked at a different site on Plymouth Road for expansion and
came across this site because it was a former car dealership and
it looked like a pretty good eyesore. Our plan is to revitalize it,
move some of our used car operation over on this site with a
brand new beautiful facility. If you've not seen our Waterford
location, it's nicer than probably any new car dealership along M-
59.We plan on doing the same thing here and then probably have
200 pre-owned, and when I say pre-owned, these are basically
new cars, late model, all refurbished, nice vehicles, and then in
the back, we would store new vehicles. Quite frankly, the issue is
that we had a lot of success in Livonia. It's been a great market
area for us, even more so than we anticipated and we appreciate
that. We are bringing some additional employment here too along
with the tax dollars and having a revitalized site. We'll probably
have 20 employees at this location. So there is some added
benefit there. We're excited to be here. It's been a great town to
do business in, and we plan on being here a long time. Quite
frankly, when we got here, I didn't anticipate having to buy more
property. I didn't know what to expect, but it's been a great thing
for us. So thanks for your consideration.
Mr. Wilshaw: Thank you, Mr. Feldman. Ms. McCue.
November 14, 2017
28351
Ms. McCue: Just to clarify, you said we're going to have obviously the pre-
owned cars, but you're planning on storing some of your new cars
in the back.
Mr. Feldman: Yes.
Ms. McCue: So I think we said earlier there would be an open space without
cars. Are you looking for it to be full in the back or no?
Mr. Feldman: I think what Trey was referring to is that we don't want to just pave
the entire site initially and have it sit vacant. We want to phase it
in, but that could be over a year period of time. It could be six
months. I mean you just don't really know. But we want to have
enough pavement there to start with to satisfy our initial need,
which would be some new car storage and pre-owned. So we'll
probably have 150 to 200 pre-owned and then the rest would be
new car storage. Right now we're renting space in other locations
for new car inventory. So we're already parking off-site as it is.
This would just be a lot more organized and neater and nicer.
Ms. McCue: Okay. Thank you.
Mr. Feldman: Any other questions?
Mr. Wilshaw: Is there anyone else with questions for Mr. Feldman? Seeing
none, I guess not. Thank you for coming forward. Is there any
other questions for the petitioner at this time? If not, I think we
can go to the audience and see if there's anybody in the audience
wishing to speak for or against this petition? Sir, please come
forward. We'll ask your name and address.
William McEvoy, 33900 Wadsworth, Livonia, Michigan. One of those lots adjoining
it at the end of Wadsworth, I believe it's Lot 9, a triangular shaped
lot. I've lived there 47 years. It's not a scrub woods. It's mature
woods. There's big trees there. And that open ditch that goes
through that property, that ditch is utilized in the spring. It's full of
water and it drains, eventually goes under Farmington Road.
From there I don't know where it goes. There was a screen wall
mentioned that I don't know what screen wall is.
Mr. Wilshaw: That would be a masonry, which would be either block or brick,
wall that would be required between this property and the
residential properties.
Mr. McEvoy: Okay. and the lighting that was mentioned, the last time they put
in lighting when they did that middle lot, it lit up our bedroom very
November 14, 2017
28352
well at night. There was no direction on the lighting. It just went
out. So if it was at least directed. I know security lighting is
necessary but if it lights up the cars and not our bedroom, that
would be appreciated.
Mr. Wilshaw: I can understand that. No one wants to have bright lights in their
windows.
Julie McEvoy, 33900 Wadsworth, Livonia, Michigan. I go with him. Would it
possible for us to see that lot back there and how the proposed
paving would go? I don't know how much . . . I guess it would
depend on where our lot line ends and how much woods would
be affected by us. It would be nice if we could see that sometime.
Mr. Wilshaw: Right now, the plans that you may see show up on the screen are
just conceptual plans.
Ms. McEvoy: Conceptual. Right.
Mr. Wilshaw: Because we are just looking at the rezoning at this time. If the
rezoning moves forward, we will get into site plan. We will get into
the details of landscaping, where the pavement is and specifically
how it affects the residential properties. There will be
opportunities for us to talk to the petitioner and work out details
of some screening, maybe some vegetation or other things as
well.
Ms. McEvoy: Years ago when Olsen Oldsmobile paved part of that. It's not
really directly behind our lot. It's the one next to us. It ended up
causing a certain degree of flooding in our yards in the spring,
and that would be another concern. We'd want to make sure that
we didn't experience more of that in the future.
Mr. Wilshaw: That's a very valid concern, and the fortunate thing, for you at this
time, is that things have changed over the years when it comes
to how stormwater is managed. It's much more stringent than it
used to be.
Ms. McEvoy: And we weren't as savvy then. We didn't pay close attention to
things going on.
Mr. Wilshaw: Sure. You learn from these things, right? The other thing, too, is
when it comes to lighting, LED lighting is now very popular. LED
lighting is much more directional, and there's more opportunities
for making sure that the light doesn't stray onto other properties
like we used to have in the past with box lights and things like
that. So there's a lot of improvements that have happened that
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28353
hopefully, if it comes to that, will help you guys in making sure
you're not affected.
Ms. McEvoy: Okay. Anything else? We're good. Thank you.
Mr. Wilshaw: Thank you for your comments. I appreciate you coming tonight.
Is there anyone else in the audience wishing to speak for or
against this item? Sir, yes please.
Gary Daniels, 33710 to 33760 Plymouth Road, Livonia, Michigan 48150. I'm
property just east of this property. I think it would be a good usage
for it. That property has been vacant for many years. It would be
nice to see it be developed and move forward. As far as storm
system containment on that property, I'm sure Engineering would
handle that very efficiently. Thank you.
Mr. Wilshaw: Thank you, sir. Anyone else in the audience wishing to speak?
We have another person coming forward.
Chong Kim, 33921 Beacon Street, Livonia, Michigan. My property is right against
the back of the wooded area. I have one acre wooded area right
there too. My question is, there is no access coming through from
Beacon Street. It has to come from Plymouth Road or from there.
My question is that. They're going to make a road to Beacon
Street to come through their property or not?
Mr. Wilshaw: No. There will be no road.
Mr. Kim: Okay. Another question is, I am going to say about the wooded
area, one acre, for the fresh air and all that, but they are going to
destroy the other parts, right?They're going to all destroy it, right?
Mr. Wilshaw: Yes.
Mr. Kim: And they put a big pond on. So I'd like to know how big is the big
pond. You see the one acre lot there, the wooded area, right,
against together. So how far the big pond going to cover up and
also, they going to set up the fence for the residential area. About
six, seven residential area is together there. So they must put the
fence so regular public people coming to the property like that.
So I'd like to mention that, make sure put the fence around so
people don't cross to my property. That's all I want to ask for that.
So also, I'd like to have side planting if it's available so I'd like to
know. So make sure everything looks pretty. I'm glad you guy
coming there use their lot. I'm happy for that as long as they don't
impact my neighbors and all that. It will be good. That's it.
November 14, 2017
28354
Mr. Wilshaw: Very good. Thank you, Mr. Kim. Is there anyone else in the
audience wishing to speak?
Mr. Caramagno: I have a question for Mr. Taormina.
Mr. Wilshaw: Certainly.
Mr. Caramagno: Mark, we've heard the terms under-utilized and undeveloped and
things of this nature tonight. In all the other car lots in Livonia, on
Plymouth Road especially, I don't remember anywhere we've had
a lot anywhere near this size without any buildings on it, and said,
okay, we're going to park cars here on a 10 acres lot, and put a
5,500 square foot building on a piece of property this large. Am I
missing something? Has there been others anything similar to
this?
Mr. Taormina: In terms of land area, if it's used to its fullest capacity as illustrated
on this plan, which is the majority of the 10 plus acres, it would
probably rank as, if not the largest single dealership parcel, then
one of the largest. In terms of the amount of inventory, I can't say.
It was noted in the report that most of the dealerships range in
size from 3, 4, 5 to 7 acres.
Mr. Caramagno: I'm almost less concerned with the size or how many cars as I am
with just calling a 10-acre piece a parking lot. There's very few
big pieces of property like this around. This is a 10-acre piece.
We're just going to turn it into a parking lot with no buildings on it.
Fundamentally, I've got a problem with that. So, a 5,500 square
foot building, which is small on such a large lot, I've got an issue
with that at this point.
Mr. Wilshaw: Thank you, Mr. Caramagno. Is there any other questions from the
Commission? If not, is there anything else the petitioner would
like to add?
Mr. Brice: I just wanted to quickly touch on to reassure some of the
comments from the audience that it will be secure both to keep
people from wandering from our property to the neighbor's, but
our property will be secure as well. So the fencing and the screen
wall, everything will be taken care of. The comments were correct
that the change in drain codes and rules are much different now.
To use and anything to that ditch will have to go through Wayne
County and the State. So everything will be satisfactorily covered.
With that, the City's lighting codes, since lighting was mentioned,
actually says that light isn't supposed to go onto neighboring
properties. So that will be followed. We've given a lighting plan
already that's starting to touch on some of those, and those will
November 14, 2017
28355
be worked through as we get through the site plan. Mr.
Taormina's point that while it's understood, the property has sat,
really fallow is right word, unused since the Oldsmobile
dealership closed. So while we might have some ideas, we wish
something else was there, nothing has been there. And we're
actually coming here to improve the property and improve the City
as well through that process. We actually believe that we are
helping the City and making the property nicer, more useable and
more productive for the City as a whole.
Dave Katarski, Chief Operating Officer, Feldman Automotive, Inc., 30400 Lyon
Center Drive East, New Hudson, Michigan 48165. Just to touch
on your comment about the space. If you look at the street now,
and as you alluded to, it's car row. There's a lot of car dealerships.
I wouldn't say that's a bad thing. Bill Brown is one of the biggest
Ford dealers in the country. We've turned this Chevy location into
one of the largest Chevy dealers in the country. That's obviously
something we're proud of but it's something the City should be
proud of. We're employing a lot of people. We're selling a lot of
cars in the community. But to answer your question, if you look
right now, we're storing 300 — 400 cars in shut down businesses
in the community anyway. You look at Bill Brown's doing the
same thing. You drive up Plymouth Road, there's restaurants
shut down where we're storing cars. This is a business. You look
at our Waterford location, you're talking about 150 used cars
being retailed a month. We, based on what we see in this
community and what we do at the store currently, we think this is
a 200 plus unit a month store. So, yes, there's going to be cars
there. They're obviously going to be stored there. They're going
to be professional. We're not going to have them in a shut down
business. This is going to be a viable business in this great city
where we're not only employing people but bringing a service to
it. I understand your question. There's a lot of cars there.We have
those cars being stored in your city right now on probably pieces
of property you'd much rather not have them on. But that's where
they are right now. So I think this would be a much better use for
this property. I just wanted to kind of make sure you understood
that right now these cars are being stored in your community.
Mr. Caramagno: I understand that. I understand those cars are out there in
different locations around town. I understand that. My problem is
it's a completely undeveloped piece of property that we're going
to put a 5,500 . . . nothing more than a large house on a 10 acre
parcel here. To me, there's something better. We're working
through a Master Plan for the city right now. And I'm thinking, if
this was something we developed in a Master Plan, this specific
piece, a parking lot would not be it. So that's where I'm having a
November 14, 2017
28356
little hard time with this. That's all I'm saying. I don't doubt your
business model. I'm glad you're doing well. Believe me, I think
your business model and this used car program is great. There's
a demand for that. I don't doubt that at all.
Mr. Katarski: Sure. I just wanted to make sure you knew these cars were being
stored in your city right now in shut down businesses up and
down Plymouth Road. I mean that's where they're at currently.
So this would be in a business where they would be being
obviously sold at retail. I just wanted to make sure that point was
cleared up.
Mr. Caramagno: Thank you.
Mr. Wilshaw: Is there any other comments from the Commission? I think we've
covered everyone in the audience at this point. With that, I'll close
the public hearing and ask for a motion.
On a motion by Ventura, seconded by Caramagno, it was
RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on November 14, 2017, on
Petition 2017-10-01-07 submitted by Feldman Automotive, Inc.,
pursuant to Section 23.01 of the City of Livonia Zoning Ordinance
#543, as amended, requesting to rezone the rear portion of the
property at 33850 Plymouth Road, located on the north side of
Plymouth Road between Farmington and Stark Roads in the
Southeast '/4 of Section 28, from M-1 to C-2, the Planning
Commission does hereby recommend to the City Council that
Petition 2017-10-01-07 be denied for the following reasons:
1. That this area of the City is already well served with
commercial zoning, and the proposed rezoning is not
needed to serve the neighborhood or community;
2. That the anticipated commercial use would unduly tax and
conflict with the established and normal traffic flow of the
area;
3. That the existing zoning is more consistent with the
established pattern of development and character of the
adjacent properties; and
4. That C-2 zoning is not supported by the Future Land Use
Plan which recommends Mix Use and Industrial.
November 14, 2017
28357
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.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Ventura, Caramagno, Wilshaw
NAYS: McCue, Smiley, Long
ABSENT: Priddy
ABSTAIN: None
Mr. Wilshaw: That gives us a three-three split. With that, the motion fails for
lack of majority support. Is there another motion that would like to
be offered by any of the Commissioners?
Mr. Long: I'm not sure we'd get a much difference result if we offered an
approving resolution. So perhaps it would be appropriate to offer
a tabling resolution.
Mr. Wilshaw: Tabling resolutions are always appropriate.
On a motion by Long, seconded by McCue, and unanimously adopted, it was
#11-67-2017 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on November 14, 2017, on
Petition 2017-10-01-07 submitted by Feldman Automotive, Inc.,
pursuant to Section 23.01 of the City of Livonia Zoning Ordinance
#543, as amended, requesting to rezone the rear portion of the
property at 33850 Plymouth Road, located on the north side of
Plymouth Road between Farmington and Stark Roads in the
Southeast '/4 of Section 28, from M-1 to C-2, the Planning
Commission does hereby table this item to the Public Hearings
and Regular Meeting of December 12, 2017.
Mr. Wilshaw, Chairman, declared the motion is carried and this item is tabled.
Mr. Taormina: November 28th would be the study session, and then the voting
meeting would be December 12.
Mr. Long: At that point, hopefully we can come to a resolution.
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ITEM #4 PETITION 2017-10-02-14 GREAT LAKES PAWN
Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2017-
10-02-14 submitted by HH & Sons, L.L.C. requesting waiver use
approval pursuant to Section 11.03(v) of the City of Livonia
Zoning Ordinance #543, as amended, to use the building at
27565 Grand River Avenue for office space, storage and e-
commerce in association with the business operations of a pawn
shop (Great Lakes Pawn), located on the south side of Grand
River Avenue between Inkster and Eight Mile Roads in the
Northeast 1/4 of Section 1.
Mr. Taormina: This waiver use petition involves the use of an existing
commercial building for office space, storage and e-commerce
sales related to the business operations of a nearby pawn shop,
Great Lakes Pawn, which is owned and operated by the same
individual. The property is at the southeast corner of Grand River
Avenue and Antago. The site consists of two parcels that are
bisected by a public alley. Together, both parcels measure
roughly 21,000 square feet or half an acre, with 146 feet of
frontage along Grand River and 223 feet of frontage on Antago
Avenue. The parcel to the north is zoned C-2, General Business.
The parcel to the south is zoned P, Parking. The petitioner's
related business, Great Lakes Pawn, is located two buildings
west of the subject property on the same side of the street.
Separating the two properties is a vacant former NBD branch
bank building. Today, pawn shops are treated as a waiver use
under the provisions set forth in Section 11.03(v) of the Zoning
Ordinance. Great Lakes Pawn originally opened as Motor City
Pawn Brokers in 2011. However, it wasn't until 2012 when the
City amended the C-2 District Regulations to include pawn shops
as a waiver use. Thus, Great Lakes Pawn currently operates as
a lawful non-conforming use. The building where the office and
e-commerce business would be conducted is about 12,695
square feet in size. In a letter to the City dated June 21, 2017, the
petitioner's attorney effectively states the following: Use of the
building will be for office space and the storage of personal
property and equipment used in relationship to the business
operations of Great Lakes Pawn. The property would not be used
as retail space and customers would not be permitted in the
building. The business address would not be advertised and no
goods or services would be sold out of the building. Plans
submitted with the application show that the front section of
building would be divided into office space, while the remaining
back section would consist of warehouse space. There would be
no exterior modifications to the building as part of this proposal.
In terms of parking, the required parking is one space for each
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200 square feet of useable floor area for the office. With about
3,500 square feet of office, this requires 18 parking spaces. The
plan shows 19 parking spaces so it would be in compliance with
the ordinance. With that, Mr. Chairman, I can read the
correspondence.
Mr. Wilshaw: Yes, please.
Mr. Taormina: There are several items of correspondence. The first item is from
the Engineering Division, dated November 2, 2017, which reads
as follows: "In accordance with your request, the Engineering
Division has reviewed the above referenced petition. We have no
objections to the waiver use at this time. The existing parcel is
assigned an address of #27565 Grand River Avenue. The
submitted legal description contains a separate parcel that is
used for parking. The correct legal description for this waiver use
petition should be as follows: Land situated in the City of Livonia,
County of Wayne, State of Michigan described as follows: Lots
12 thru 18, Assessor's Plat Argonne State Subdivision as
Recorded in Liber 64 of Plats, Page 40 of Wayne County
Records. The existing building is currently serviced by public
water main, sanitary sewer and storm sewer. Should renovations
to the building require alterations to the existing services,
drawings will need to be submitted to this department to
determine if permits will be required. Also, should the owner need
to complete work within the Grand River Avenue right-of-way,
permits from the Michigan Department of Transportation (MDOT)
will be required." The letter is signed by David W. Lear, P.E.,
Assistant City Engineer. The second letter is from the Livonia Fire
& Rescue Division, dated November 8, 2017, which reads as
follows: "This office has reviewed the site plan submitted in
connection with a request to use the building at 27565 Grand
River for office space, storage and e-commerce in association
with the business operation of a pawn shop (Great Lakes Pawn).
We have no objections to this proposal."The letter is signed by
Keith Bo, Fire Marshal. The third letter is from the Division of
Police, dated November 1, 2017, which reads as follows: "I have
reviewed the plans in connection with the petition. I have no
objections to the proposal." The letter is signed by Brian Leigh,
Sergeant, Traffic Bureau. The fourth letter is from the Inspection
Department, dated November 3, 2017, 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. The fifth letter is from the Finance Department,
dated October 26, 2017, which reads as follows: "I have reviewed
the addresses connected with the above noted petition. As there
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are no outstanding amounts receivable, general or water and
sewer, I have no objections to the proposal."The letter is signed
by Coline Coleman, Chief Accountant. The sixth letter is from the
Treasurer's Department, dated November 13, 2017, which reads
as follows: "In accordance with your request, the Treasurer's
Office has reviewed the addresses connected with the above
noted petition. At this time, there are Delinquent Real Taxes due
as shown below," She provides those amounts. The letter is
signed by Lynda Scheel, Treasurer. I have learned this evening
from the applicant that those outstanding amounts have been
paid in full. Thank you.
Mr. Wilshaw: Are there any questions of the Planning Director? Seeing none,
is the petitioner here? We will need your name and address for
the record please.
David Senawi, Esq., Senawi Law, PLLC, 370 East Maple Road, Third Floor,
Birmingham, Michigan 48009. Good evening. I'm the attorney.
With me is Ivan Jarbou, and he is the owner of HH & Sons, L.L.C.
He is also the owner of Great Lakes Pawn Shop. A representative
from the company, Mike Marougy, is with us as well. Their
address would be the address of the building. I believe that
everything was thoroughly explained and discussed by Mr.
Taormina. I would just mention that Great Lakes Pawn Shop has
been around since 2011. HH & Sons purchased the building back
in July. They haven't been able to use the building yet, but they
did pay the property taxes. We brought the receipts. The only
thing I want to emphasize is that this is not the same business.
They're not expanding the pawn shop. It is an affiliated business.
There's so much that is done online, and so this opportunity came
about where the tuxedo shop or the building that was purchased
became for sale, and it just made good business sense that we
could have an office and a place for storage. But I want to echo,
there will be no signage that's there. There is going to be no
construction or developments to do any permits with. It really is
just going to be a storage and office space. No one will be invited
to go over there. There are no customers that are going to go
over there. So I just really wanted to emphasize that they are
separate businesses. They're affiliated but they are separate and
they are owned separately. If you have any questions, we'd be
happy to answer them.
Mr. Wilshaw: Thank you, Mr. Senawi. Are there any questions for the
petitioner?
Mr. Ventura: Will there be any signage on the building?
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Mr. Senawi: No.
Mr. Ventura: Thank you.
Ms. McCue: I think you just stated this, but just to clarify. Somebody calls.
Somebody goes on line. They're not going to have anybody going
to that business necessarily to look at purchases that they may
be making.
Mr. Senawi: No. Absolutely not.
Ms. McCue: Thank you.
Mr. Long: There will be no outdoor storage, like a jet ski or anything kind of
a small vehicle, nothing like that at all. It will all be inside the
building, all the storage?
Mr. Senawi: Nothing is going to be outside.
Mr. Long: When you say e-commerce, things would be sold like on e-Bay
or similar platforms like that. Correct?
Mr. Senawi: Yes, sir.
Ms. Smiley: These two gentlemen are going to run it and they're currently
running Great Lakes?
Mr. Senawi: Ivan runs Great Lakes and Mike is his brother-in-law and
business consultant.
Ms. Smiley: Okay. So they would come into your real store and if somebody
wanted to see something, you would bring it to your real store.
Ivan Jarbou, HH &Sons, L.L.C., 5253 Vineyards Blvd., Sterling Heights, MI 48314.
There is a showroom in the existing business. If it's a snow blower
or something like that and somebody needs to see it, that's where
it's going to be. No one is going to know that we're operating this
business out of there.
Ms. Smiley: Our audience is kind of small, so you should be okay. My other
question was, I'm not familiar with the pawn business or on line.
Some people may not even see it at all until they get it, right?
Mr. Jarbou: Correct.
Ms. Smiley: They just see the picture of it or a description of it or whatever?
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Mr. Jarbou: They would see that on-line and it would be shipped from the
building.
Ms. Smiley: Okay. And for my education, if somebody pawns something, they
come in and give it to you for a certain amount of time.
Mr. Jarbou: We have a State license, so we give three months on a loan, and
if they don't come back to refinance it or take it out, then it's ours
to sell.
Ms. Smiley: There must be some way that you know that it's not stolen goods,
right?
Mr. Jarbou: Yes. We take ID, fingerprints, we upload through LeadsOnline
everyday. If something is stolen, we hold it 15 days before it
clears. Yeah, there's a waiting period by law.
Mike Marougy: And any item we take in, the LeadsOnline is a report that is sent
to the police that they can verify and say, hey, this person brought
this in to the pawn shop. So everything is registered with their
fingerprints, name and IDs.
Ms. Smiley: Okay. I just didn't know how it worked.
Mr. Wilshaw: Mr. Taormina, do you have a comment?
Mr. Taormina: I discussed this matter with both the Police Chief and Deputy
Chief with respect to the Police Department's interactions with the
Petitioner, and both assured me that he has always been very
cooperative. While law enforcement, in general, is not fond of
pawn shops and the industry, neither gentlemen had anything
negative to say about this petition or the operations of Great
Lakes Pawn. That is not necessarily the case with other pawn
shops located outside the City of Livonia, which LPD has to deal
with on occasion.
Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or
against this item? Just for the TV audience's benefit, they had a
bit of a disruption a few minutes ago. It now sounds like
everything is back up and running. Everything is on the air again.
Is there anything else that the petitioner would like to offer?
You're all set. Okay. Are there any questions from the
Commission? Seeing no questions, I will close the public hearing
and ask for a motion.
Bill Murray, Wolverine Sports and Conservation, 27531 Grand River, Livonia,
Michigan. As an organization, we fully support this request. It sure
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beats the vacant building. We look forward to working with them
as a neighbor.
On a motion by Long, seconded by Smiley, and unanimously adopted, it was
#11-68-2017 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on November 14, 2017, on
Petition 2017-10-02-14 submitted by HH & Sons, L.L.C.
requesting waiver use approval pursuant to Section 11.03(v) of
the City of Livonia Zoning Ordinance #543, as amended, to use
the building at 27565 Grand River Avenue for office space,
storage and e-commerce in association with the business
operations of a pawn shop (Great Lakes Pawn), located on the
south side of Grand River Avenue between Inkster and Eight Mile
Roads in the Northeast 1/4 of Section 1, which property is zoned
C-2 and P, the Planning Commission does hereby recommend to
the City Council that Petition 2017-10-02-14 be approved subject
to the following conditions:
1. That the Proposed Parking Plan, labeled Sheet 1, prepared
by KEM-TEC & Associates, dated September 5, 2017, is
hereby approved and shall be adhered to;
2. That the use of the building shall be restricted to general
office space and the storage of merchandise that the
business operator owns and has title to related to the
operation of an e-commerce business;
3. There shall be no overnight outside storage of merchandise,
including vehicles or other recreational equipment;
4. That the building and property shall not be used for retail
display of merchandise, nor shall it be open to the public or
to customers of the Petitioner's pawn or e-commerce
business operations;
5. Firearms shall not be stored or sold from this location;
6. There shall be no exterior advertising, including wall signs
or window signs, that advertises the operation of the e-
commerce business or the pawn shop;
7. That the petitioner shall enter into a conditional agreement
limiting the expansion of the waiver use to the subject
property to this user only, with the provision to extend this
waiver use to a new user only upon the approval of the new
user by the City Council;
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8. That the plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time of
application for the Certificate of Occupancy amendment;
and
9. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of ONE YEAR ONLY from the date of approval by
City Council, and unless a permit is obtained, this approval
shall be null and void at the expiration of said period.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 19.05 of
Zoning Ordinance #543, as amended.
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving resolution.
ITEM #5 PETITION 2017-10-08-11 KFC PLYMOUTH ROAD
Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2017-
10-08-11 submitted by Lendlease requesting approval of all plans
required by Section 18.58 of the City of Livonia Zoning Ordinance
#543, as amended, regarding a proposal to modify the exterior
appearance of the existing KFC restaurant at 29060 Plymouth
Road, located on the north side of Plymouth Road between
Camden Avenue and Middlebelt Road in the Southwest 1/4 of
Section 25.
Mr. Taormina: This petition is a request to modify the exterior elevation plans of
a previously approved restaurant. This location is the KFC that is
on the north side Plymouth Road between Middlebelt and Inkster
Roads. Waiver use approval for the development of the site and
construction of the restaurant was granted in 2006. The
restaurant building is about 3,000 square feet in size. It has 60
interior customer seats and is equipped with a drive-thru window
facility. The 2016 approval was conditioned on adhering to the
exterior elevation plans that were presented as part of the site
plan and waiver use petition. The lower part of the building
contains a natural color brown brick as well as red and white
ceramic tiles. The upper parts are predominantly E.I.F.S. or
dryvit, and they are painted neutral beige, brown and cream
colors. The scope of the work includes both interior renovations
and exterior renovations. The interior renovations to the dining
room would not increase the seating, so this evening we're only
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looking at changes to the exterior. For the exterior, the plans
show new light fixtures, awnings, signage and paint finishes.
There would be no structural modifications to the building. The
brick, wainscot and the ceramic tile would be painted a black
color. It's identified as Black Horizon on the plans. The other parts
of the building's façade, which is mainly E.I.F.S., would be
painted a combination of white, described as Wedding Veil, and
dark red, or Exotic Red. Red prefinished metal louvered awnings
would replace the existing awnings above the windows, and the
red and white striped pyramidal cap that appears on the top of
the main tower feature would be eliminated. Right above the
Colonel's portrait, you can see the top cap on the tower element
of the building. That cap will be removed. You can see the darker
color along the base of the building replacing the brown brick and
the red tile, the new louvered awnings and then the front of the
building would be painted white. In terms of signage, this
restaurant is allowed one wall sign with a maximum area of 38
square feet. Currently, there is only one sign on the building and
that's on the south elevation facing Plymouth Road. Again, it's in
the form of the Colonel's portrait. The proposed changes as part
of this re-image campaign does include multiple signs along the
front and side elevations which Staff believes are excessive and
will require Zoning Board of Appeals approval as part of the
amended site plan. With that, Mr. Chairman, I can read the
correspondence.
Mr. Wilshaw: Yes, please.
Mr. Taormina: There are six items of correspondence. The first item is from the
Engineering Division, dated November 2, 2017, which reads as
follows: "In accordance with your request, the Engineering
petition. We have no objections to the proposed project at this
time. The existing parcel is assigned the address of #29060
Plymouth. The submitted legal description appears to be correct
and should be used in conjunction with this petition. The existing
building is currently serviced by public water main, sanitary sewer
and storm sewer. Should renovations to the building require
alterations to the existing services, drawings will need to be
submitted to this department to determine if permits will be
required. Also, should the owner need to complete work within
the Plymouth Road right-of-way, permits from the Michigan
Department of Transportation (MOOT) will be required." The
letter is signed by David Lear, P.E., Assistant City Engineer. The
second letter is from the Livonia Fire & Rescue Division, dated
October 25, 2017, which reads as follows: "This office has
reviewed the site plan submitted in connection with a request to
paint the exterior of the restaurant, including the existing brick, on
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28366
property located at the above referenced address. We have no
objections to this proposal." The letter is signed by Keith Bo, Fire
Marshal. The third letter is from the Division of Police, dated
November 1, 2017, which reads as follows: "I have reviewed the
plans in connection with the petition. I have no objections to the
proposal." The letter is signed by Brian Leigh, Sergeant, Traffic
Bureau. The fourth letter is from the Inspection Department,
dated November 3, 2017, which reads as follows: "Pursuant to
your request, the above-referenced petition has been reviewed.
This Department has no further to this petition." The letter is
signed by Jerome Hanna, Director of Inspection. The fifth letter is
from the Finance Department, dated October 26, 2017, which
reads as follows: "I have reviewed the addresses connected with
the above noted petition. As there are no outstanding amounts
receivable, general or water and sewer, I have no objections to
the proposal." The letter is signed by Coline Coleman, Chief
Accountant. The sixth letter is from the Treasurer's Department,
dated November 13, 2017, which originally indicated outstanding
bills due for summer taxes related to both real and personal
property. An updated note on that item of correspondence
indicates that both bills have been paid in full. The letter is signed
by Lynda Scheel, Treasurer. Thank you.
Mr. Wilshaw: Thank you, Mr. Taormina. Is there any questions for our Planning
Department? Seeing none, is the petitioner here? Good evening.
We'll start with your name and address.
Derrick McGrew. I'm here representing Lendlease and Kentucky Fried Chicken.
With me I have Derrick Haselhuhn representing the franchisee. I
understand from going through all the documentation that
basically what we're here talking about is the exterior color of the
building. I believe that what you requested are photos of what this
will look like as well as paint swatches. I have that in my hands.
I have only three copies of the photos. I'm sorry. We only have
one copy of the paint swatches. It is okay to pass this out?
Mr. Wilshaw: Yes, and is there anything else that you'd like to comment on
while we look at that?
Mr. McGrew: I would just add that this is a nationwide facelift that Kentucky
Fried Chicken is going through. The goal, I'm not sure exactly if
they reached the goal, but the goal was to complete 70 percent
of these upgrades by the end of this year. I'm not sure exactly
where we're at on that. This is just to bring this Kentucky Fried
Chicken to the same upgrade as will be on of the Kentucky Fried
Chicken's across the country.
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Mr. Wilshaw: I'm not going to ask you to say Kentucky Fried Chicken three
times fast.
Mr. McGrew: You know what? From now on, it's going to be KFC.
Mr. Wilshaw: Is there any questions for our petitioner?
Ms. Smiley: My question is really for Mark. Is the Colonel's portrait considered
signage?
Mr. Taormina: Yes.
Mr. Wilshaw: Is there any other questions?
Mr. Taormina: There seems to be some variation.
Mr. McGrew: Can I point out what it is? The striping.
Mr. Taormina: The striping that is shown on these photographs does not appear
anywhere on the renderings. I just want to confirm that it's not
your intention to do a similar type of pattern of striping.
Mr. McGrew: Yes. Thank you. And I'm sorry I didn't . . . this was the one that
was completed that we have photos of. We are not intending to
do this striping.
Mr. Taormina: Thank you.
Mr. Caramagno: Explain the striping, please.
Mr. Taormina: If you look on page two of the photographs, you can see on the
side of the building there are large white stripes that appear on
the red portion of the building.
Mr. Caramagno: I've got another question. When you look at the lower picture on
the screen where you have the Colonel and the striping, is that
the front of the building?
Mr. Taormina: That is the side facing Plymouth Road. That is correct.
Mr. Caramagno: It looks like there's two different pictures of that. Isn't there?
Mr. Taormina: I'm sorry. When you say two different pictures . . .
Mr. Caramagno: Well, I'm looking at this one and if you go 1, 2, 3 more pictures
up, there's one that looks similar but different with no picture of
the Colonel on it.
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Mr. Taormina: That would be the west side of the building where the drive-thru
is located. So what you're looking at is the west elevation.
Mr. Caramagno: Two say "front elevation," Mark.
Mr. Taormina: I'm sorry. Two say "front?" I missed that if it does.
Mr. Caramagno: Look at the next one.
Mr. Taormina: Oh, the next slide? Another slide you're saying.
Mr. Caramagno: This versus this.
Mr. Taormina: I apologize. I didn't know that you were referring to a different
slide. I've reordered my slides for the presentation so I'm not sure
which one you're looking at. I've included the most recent one
that shows the signage.
Mr. Caramagno: The most current one has the Colonel on it.
Mr. Taormina: It does have the Colonel on it, yes. So if you look at where the
image of the Colonel is on this rendering it can be compared to
presently exists. It would be in the same general location but a
slightly different image and pattern.
Mr. Caramagno: Is the window gone?
Mr. Taormina: Yes. I think that was described to us at our study session, but I'm
going to let the petitioner describe how they covered that window.
If it's eliminated or if it's covered up by some means, I really don't
know.
Mr. McGrew: The window is, in fact, covered. The window is not removed. It's
just covered on the outside with that metal panel, and on the
inside, that is our tribute wall to Colonel Sanders. It is what they
call the celebrity chef wall, which depicts numerous pictures of
the Colonel, kind of driving home the point that our mascot was a
real founder, that it's not a made up character. I believe I stated
on the 24th that a certain amount of millennials didn't realize that.
That's what KFC is rebranding, and the whole purpose, what they
call the American Showman remodel.
Mr. Caramagno: So that window is not blocked up. It's just there's, a window
behind the sign.
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Mr. McGrew: You couldn't see it. So on a future remodel, that window might
come back into play, but from both sides, you will not be able to
see that window. It is covered on the inside with the tribute wall
and the outside with that panel. It was mentioned on the 24th. I
was asked if there were any locations being remodeled in
Southeast Michigan. There was. I mentioned the Redford
location. We just actually finished three — our KFC in Oak Park,
KFC in Sterling Heights and then Redford being the closest one.
I just want to make sure if any of you stop by, that that is a
different color red. So what the plans are calling for, here is a
more muted red versus the standard kind of bright red and
obviously that location on Grand River also depicted the striping
that would not be going on in our Livonia location to meet
ordinances.
Mr. Wilshaw: Thank you. Are there any other questions for our petitioner? If
not, is there anybody in the audience that wishes to speak on this
item? I don't see anybody coming forward. Is there any last
comments you would like to make as a petitioner?
Mr. McDrew: I appreciate your time.
Mr. Wilshaw: All right. Thank you. With that, I will ask for a motion.
On a motion by McCue, seconded by Smiley, and unanimously adopted, it was
#11-69-2017 RESOLVED, that the City Planning Commission does hereby
recommend to the City Council that Petition 2017-10-08-11
submitted by Lendlease requesting approval of all plans required
by Section 18.58 of the City of Livonia Zoning Ordinance #543,
as amended, regarding a proposal to modify the exterior
appearance of the existing KFC restaurant at 29060 Plymouth
Road, located on the north side of Plymouth Road between
Camden Avenue and Middlebelt Road in the Southwest 1/4 of
Section 25, be approved subject to the following conditions:
1. That the exterior modifications as depicted on the Exterior
Elevations Plan identified as Sheet No. A-2.0 dated
September 19, 2017, as revised, prepared by GPD Group,
is hereby approved and shall be adhered to;
2. That only conforming signage is approved with this petition;
3. That no LED light band or exposed neon shall be permitted
on this site including, but not limited to, the building or
around the windows;
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4. That all missing, dead, dying or diseased plants as shown
on the original approved landscape plan shall be replaced;
5. That unless approved by the proper local authority, any type
of exterior advertising, such as promotional flags, streamers
or sponsor vehicles designed to attract the attention of
passing motorists, shall be prohibited;
6. That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department
at the time the building permits are applied for; and
7, Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of ONE YEAR ONLY from the date of approval by
City Council, and unless a building permit is obtained, this
approval shall be null and void at the expiration of said
period.
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving resolution.
ITEM #6 PETITION 2017-09-02-12 TISEO ARCHTECTS
(Outdoor Storage - Recreational Equipment)
Ms. Smiley, Acting Secretary, announced the next item on the agenda, Petition
2017-09-02-12 submitted by Tiseo Architects, Inc. requesting
waiver use approval pursuant to Section 16.11(d) of the City of
Livonia Zoning Ordinance #543, as amended, to develop and
operate an outdoor storage yard for recreational equipment at
12350 Merriman Road, located on the east side of Merriman
Road between Plymouth Road and the CSX Railroad right-of-way
in the Southwest 1/4 of Section 26.
Mr. Wilshaw: This item was tabled at our previous meeting. Is there a motion
to remove this item from the table?
On a motion by Smiley, seconded by Long, and unanimously adopted, it was
#11-70-2017 RESOLVED, that the City Planning Commission does hereby
recommend that Petition 2017-09-02-12 submitted by Tiseo
Architects, Inc. requesting waiver use approval pursuant to
Section 16.11(d) of the City of Livonia Zoning Ordinance #543,
as amended, to develop and operate an outdoor storage yard for
recreational equipment at 12350 Merriman Road, located on the
east side of Merriman Road between Plymouth Road and the
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CSX Railroad right-of-way in the Southwest 1/4 of Section 26,
which property is zoned M-1, be removed from the table.
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted. With that, we can go to Mr. Taormina. This and the next
item are both sort of related. I assume we'll talk about these sort
of like a package.
Mr. Taormina: Thank you. We will combine them in the interest of time. There is
a revised plan taking into consideration several of the comments
from the previous meetings. The storage yard is identified as
Parcel B on the plans. That remain the same size, about 190 feet
in width by 885 feet in length extending from the back of the
industrial building on this property to an existing rail spur that
crosses the site at the easterly end. The overall dimensions of the
combined storage yard are pretty much the same. But the plan
now shows two distinct parts to the storage yard. The westerly
300 feet would comprise the recreational equipment storage
area, and the easterly 580 feet would be used for special trade
contractors. The yards would be enclosed and separated by a
six-foot high chain link security fence. Access to each of the yards
would be controlled via sliding gates that would be operated by
remote controlled keypads. I am going to enlarge the area related
to the first petition that was read, and that's the recreational
equipment proposal. This yard is showing a variety of RV's,
boats, trailers, campers, jet skis and snow mobiles. There are
some containers shown at the easterly part of this yard, but this
may simply be an oversight that needs to be corrected to show
RV's instead of containers. You'll see how the access works here
with the 24-foot aisle along the north side of the storage area
providing first access to the recreational equipment storage yard
right in the northwest corner of that yard via that sliding gate, and
then if you continue east along the 24-foot wide aisle, you
encounter another similar gate that allows access into the special
trade contractors yard. That special trade contractors yard is over
twice the size of the recreational equipment storage area. It
measures roughly 580 feet in length by the width of the property,
195 feet, for a total area of about 112,500 square feet or 2.5 acre.
Within this area, the plan shows storage containers and trailers,
as well as excess dealership inventory. There is a note on the
plan that indicates that other stored items in the contractors' area
will first be approved by the city. Mr. Chairman, we do have one
additional item of correspondence that was not read out
previously if I can handle that now.
Mr. Wilshaw: Yes.
November 14, 2017
28372
Mr. Taormina: It is a letter from our Inspection Department dated October 25,
2017, which reads as follow: "Pursuant to your request, the above
referenced Petition has been reviewed. (1) The entire lot shall be
hard surfaced with concrete or a plant-mixed bituminous material.
(2) The outside stacking or stockpiling of material shall not
exceed eight feet in height. (3) The proposed six-foot chain link
fence with security wire must conform to the fence ordinance. A
fence permit is required for any new or replacement fence. (4)
The salt domes [which has since been eliminated] proposed with
this petition do not show what material they are constructed of.
This could become a maintenance issue if these temporary
structures are left in place permanently. This Department has no
further objections to this Petition."The letter is signed by Jerome
Hanna, Director of Inspection. Thank you.
Mr. Wilshaw: It's safe to assume that the Inspection Department's letter was
looking at the original plan, not this latest one.
Mr. Taormina: That is correct.
Mr. Wilshaw: Okay. Thank you. We will go to the petitioner, Mr. Tiseo.
Benedetto Tiseo, Tiseo Architects, Inc., 19815 Farmington Road, Livonia,
Michigan 48152. Good evening. We're here again, and as Mark
pointed out, we made quite a few changes to the previous
documents. We totally separated the two different functions.
They are both enclosed. They have separate gates. They will
have separate access cards or keypad numbers so that the two
are not intermixing, and we left it to the wisdom of the City to
determine what else would be stored in the trade contractors
area. With me tonight, are the owners as well. They're local.
They're here. So if you have any questions for them, I'm sure
they'll be able to answer them. Thank you.
Mr. Wilshaw: Thank you, Mr. Tiseo. Is there any questions for the petitioner?
Ms. Smiley: Mark mentioned in the front there where you have the RV's, you
also have containers. Are those really RV's?
Mr. Tiseo: They are going to be recreational-type use. The containers may
be something that would be used for storage of some of the RV
units. There are some containers that will store snow mobiles and
jet skis. Some of those are actually in containers.
Ms. Smiley: They are?
Mr. Tiseo: Yes, they are.
November 14, 2017
28373
Ms. Smiley: Then the only thing in those containers would be recreational
vehicles?
Mr. Tiseo: Whatever is in the recreational vehicle section, that is correct. It
would comply with that part of the ordinance.
Ms. McCue: This "other stored items that will be approved by the City," what
will be the process?
Mr. Tiseo: I'll leave that up to the City. Mr. Taormina I'm sure can come up
with language as to whether it comes back to this body, whether
it's approved by City Council, whether it's approved by the
permitting department. That's up to whatever the City pleases.
Ms. McCue: Mr. Taormina, how would that be determined?
Mr. Taormina: We've addressed that in Conditions 2 and 3 on the next petition.
So if we want to discuss that now, we can. Condition 2 relates
mostly to the locations and extent of storage within that area. For
example, if they decide to make the special trade contractors yard
larger by absorbing part of the area that is currently shown on the
plans as recreational equipment storage, then that would have to
come back to the Commission for approval. That is what
Condition 2 addresses for the prepared resolution for the next
item. Condition 3 relates to the actual items that are being stored
within that area. They must first obtain approval by the Planning
Commission before obtaining a zoning compliance permits and
Certificate of Occupancy from the Inspection Department and
Fire Marshal. So the way the language is prepared right now, it is
required to come back to the Planning Commission but you can
alter that if feel comfortable modifying that to have it be an
administrative review or have it go to the Planning Commission
again. This is all subject ultimately to the City Council's approval.
Mr. Wilshaw: Does that answer your question, Ms. McCue?
Ms. McCue: I think so.
Mr. Wilshaw: We will have further discussion specifically on the special trade
contractors section in the next petition that comes forward.
Although we are trying to talk about these all at once since we
are here and this is all one parcel that we're working with here. Is
there any other questions for the petitioner?
Mr. Ventura: My question is for Mr. Taormina. I think prior to my tenure on this
body, there was a storage yard approved on Schoolcraft and 1-96
November 14, 2017
28374
at Middlebelt for recreational vehicle storage - the old
Cloverlanes.
Mr. Taormina: Yes. That's correct.
Mr. Ventura: Is that on a paved site?
Mr. Taormina: That site will be paved entirely. I can't think there having been an
exception granted to that site. As you recall, it was limited
specifically to the storage of RV's. It was going to be almost
entirely covered parking for those RV's and the parking and
circulation areas were part of a larger development that involved
the construction of an indoor climate controlled self-storage
facility. So I believe the entire area was to be paved on that
particular site.
Mr. Ventura: My next question then is, how would we justify not having this
section paved if it's for the same use essentially?
Mr. Taormina: That's a decision ultimately that City Council makes because they
are the ones that have to waive that requirement. In fact, the
petitioner that spoke earlier this evening developed a site on
Plymouth Road who was granted such a waiver. The justification
can be the type of use, the area affected, and the benefits that
might be derived by having less of a pervious surface for
stormwater control. These are some of the arguments that are
oftentimes made to have it gravel as opposed to paved. But
again, it ultimately is a decision that the Council has to make. And
I think location is a major factor in how they decide that.
Mr. Ventura: Thank you.
Mr. Wilshaw: Is there any other questions? Is there anything else you'd like to
add, Mr. Tiseo?
Mt. Tiseo: I'm fine. Thank you, sir.
Mr. Wilshaw: Is there anyone is the audience wishing to speak on this item?
Ms. Smiley: Can I ask one more questions?
Mr. Wilshaw: Yes, Ms. Smiley.
Ms. Smiley: Do the contractor dump trucks drive through all that storage area
before they get to their work yard?
Mr. Tiseo: We're not anticipating dump trucks there.
November 14, 2017
28375
Ms. Smiley: What are you anticipating'?
Mr. Tiseo: Again, what we've shown here are containers that are enclosed
on all four sides and top, as well as an excess inventory of
vehicles. We're not storing any material on site. There will be no
gravel, no mulch, none of that there. If the City Council approves
dump trucks to be stored there or water tanks, that will be up to
what else is going to be stored. We're simply asking for approval
of these two items indicated in the contractors area.
Ms. Smiley: I was just thinking if you're having a work yard, you're driving
through a storage yard . . .
Mr. Tiseo: No. Nobody is going to be working there. It's strictly storage.
Ms. Smiley: Okay. Fine.
Mr. Tiseo: And that will prohibit anyone from working on vehicles or anybody
inside the property.
Ms. Smiley: Okay. Thank you.
Mr. Wilshaw: Mr. Tiseo, if there's no other questions, just one brief question
about the turn radius to get into this RV storage area. I assume
as an architect you calculated that the radius is appropriate for a
40-foot RV or what have you to be able to turn.
Mr. Tiseo: Yes, we have, and that gate is moveable. Right now, it's based
on a schematic. We'll work through all those details when and if
we get approval. And I'm sure the Engineering Department will
not give approval without it.
Mr. Wilshaw: If there are no other comments, a motion would be in order.
On a motion by Caramagno, seconded by Ventura, and unanimously adopted, it
was
#11-71-2017 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on October 17, 2017, and
November 14, 2017, on Petition 2017-09-02-12 submitted by
Tiseo Architects, Inc. requesting waiver use approval pursuant to
Section 16.11(d) of the City of Livonia Zoning Ordinance #543,
as amended, to develop and operate an outdoor storage yard for
recreational equipment at 12350 Merriman Road, located on the
east side of Merriman Road between Plymouth Road and the
CSX Railroad right-of-way in the Southwest '/4 of Section 26,
November 14, 2017
28376
which property is zoned M-1, the Planning Commission does
hereby recommend to the City Council that Petition 2017-09-02-
12 be approved subject to the following conditions:
1. That the Site Plan, labeled Sheet No. P1, prepared by Tiseo
Architects, Inc., dated November 7, 2017, as revised, is
hereby approved and shall be adhered to pertaining only to
the storage of recreational equipment;
2. That the open storage of recreational equipment shall be
restricted to the confined areas of the property as shown on
the approved the site plan. Any changes in the locations
and extent of recreational equipment storage shall first be
approved by the Planning and Inspection Departments;
3. This approval is subject to City Council waiving the
requirement that the entire lot or parcel shall be hard
surfaced with either concrete or a plant-mixed bituminous
material as set forth in Section 16.11(d)(3) of the Zoning
Ordinance;
4. In lieu of concrete or asphalt, the storage yards shall be hard
surfaced with crushed rock or gravel in a manner as
approved by the Engineering and Inspection Departments,
and shall be completed prior to the issuance of the
Certificate of Occupancy, and thereafter maintained in a
dust proof condition, properly graded and drained to dispose
of all surface water in a manner as approved by the
Engineering Department;
5. The open storage of recreational equipment shall be in well-
defined and organized rows as shown on the plan, and the
full width of the drive aisles shall be properly maintained and
free from any obstructions providing full circulation
throughout the storage yard for customer convenience and
for public safety purposes;
6. That there shall be no outdoor storage of disabled or
inoperative equipment and vehicles, scrap material, debris
or other similar items;
7. There shall be no storage of flammable, explosive,
radioactive, hazardous, toxic, or volatile substances within
the -storage yard;
8. No overnight occupancy is permitted anywhere on the site,
including the interior storage units or the RV's;
November 14, 2017
28377
9. That outdoor security cameras be installed sufficient to
monitor all areas where vehicles are stored;
10. That provisions satisfactory to the Fire Chief and Chief of
Police be made for 24-hour police/fire access to the
property;
11. 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;
12. That unless approved by the proper local authority, any type
of exterior advertising, such as promotional flags, streamers
or sponsor vehicles designed to attract the attention of
passing motorists, shall be prohibited;
13. That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department
at the time the building permits are applied for; and
14. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of ONE YEAR ONLY from the date of approval by
City Council, and unless a building permit is obtained, this
approval shall be null and void at the expiration of said
period.
Mr. Wilshaw: Is there any discussion on the motion?
Mr. Taormina: If the maker of the motion would allow us to modify the language
of Condition 7, I think the second part of that condition does not
apply in this case. We'll just indicate that there will be no storage
of flammable, explosive, radioactive, hazardous, toxic, or volatile
substances within any portion of the storage yard and leave it at
that. The other part does not apply.
Mr. Caramagno: Good.
Mr. Wilshaw: The maker and supporter are good with that? Is there any other
comments?
Mr. Long: Mr. Chairman, just real quickly. I know it's been a long road to get
here. I appreciate the patience of the petitioner and also the
efforts of the Commission to finally get something that was maybe
not quite so broad and is acceptable to everybody. Thank you.
November 14, 2017
28378
Mr. Wilshaw: That's a good point. Thank you, Mr. Long. Is there any other
questions or comments?
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving
recommendation.
ITEM #7 PETITION 2017-09-02-13 TISEO ARCHTECTS
(Outdoor Storage - Trade Contractors)
Ms. Smiley, Acting Secretary, announced the next item on the agenda, Petition
2017-09-02-13 submitted by Tiseo Architects, Inc. requesting
waiver use approval pursuant to Section 16.11(b) of the City of
Livonia Zoning Ordinance #543, as amended, to develop and
operate an outdoor storage yard for special trade contractors at
12350 Merriman Road, located on the east side of Merriman
Road between Plymouth Road and the CSX Railroad right-of-way
in the Southwest ' of Section 26
Mr. Wilshaw: This item was also tabled at our last meeting. Is there a motion to
remove this item from the table?
On a motion by Smiley, seconded by Caramagno, and unanimously adopted, it
was
#10-72-2017 RESOLVED, that the City Planning Commission does hereby
recommend that Petition 2017-09-02-13 submitted by Tiseo
Architects, Inc. requesting waiver use approval pursuant to
Section 16.11(b) of the City of Livonia Zoning Ordinance #543,
as amended, to develop and operate an outdoor storage yard for
special trade contractors at 12350 Merriman Road, located on the
east side of Merriman Road between Plymouth Road and the
CSX Railroad right-of-way in the Southwest 1/4 of Section 26, be
removed from the table.
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted.
Mr. Wilshaw: Mr. Taormina has already spoke to this item. There's no other
additional information that you'd like to provide.
Mr. Taormina: Other than if we could modify the language of Condition 8 should
there be an approving resolution to mirror Condition 7 in the
previous resolution.
November 14, 2017
28379
Mr. Wilshaw: Condition 8 is referring to the propane refill station. We would
strike that. Okay. With that, Mr. Tiseo, is there any additional
information you would like to provide?
Benedetto Tiseo, Tiseo Architects, Inc., 19815 Farmington Road, Livonia,
Michigan 48152. No, thank you.
Mr. Wilshaw: Are there any questions for our petitioner? Hearing none, we
already discussed this item to a certain extent on our previous
petition. Is there anybody in the audience wishing to speak for or
against this item? Seeing no one, a motion would be in order.
On a motion by Ventura, seconded by Long, and unanimously adopted, it was
#11-73-2017 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on October 17, 2017, and
November 14, 2017, on Petition 2017-09-02-13 submitted by
Tiseo Architects, Inc. requesting waiver use approval pursuant to
Section 16.11(b) of the City of Livonia Zoning Ordinance #543,
as amended, to develop and operate an outdoor storage yard for
special trade contractors at 12350 Merriman Road, located on the
east side of Merriman Road between Plymouth Road and the
CSX Railroad right-of-way in the Southwest 1/4 of Section 26,
which property is zoned M-1, the Planning Commission does
hereby recommend to the City Council that Petition 2017-09-02-
13 be approved subject to the following conditions:
1. That the Site Plan, labeled Sheet No. P1, prepared by Tiseo
Architects, Inc., dated November 7, 2017, as revised, is
hereby approved and shall be adhered to;
2. That all special trade contractors' storage shall be restricted
to the confined areas of the property as shown on the
approved site plan. Any changes in the locations and extent
of special trade contractors' storage shall first be approved
by the Planning Commission;
3. Storage within the special trade contractors' storage area
shall be limited to shipping containers, trailers and excess
dealership inventory, as shown on the approved site plan.
Any other special trade contractor or business that occupies
or leases space on the property for the outside storage of
equipment, vehicles or materials that differs from what is
shown on the site plan, shall first obtain approval of the
Planning Commission before obtaining a zoning compliance
permit and certificate of occupancy from the City of Livonia
Inspection Department and Fire Marshal;
November 14, 2017
28380
4. A map or plan showing the locations of each special trade
contractor located on the premises shall be posted adjacent
to the front entrance to the site in a conspicuous place;
5. This approval is subject to City Council waiving the
requirement that the entire lot or parcel shall be hard
surfaced with either concrete or a plant-mixed bituminous
material as set forth in Section 16.11(d)(3) of the Zoning
Ordinance;
6. In lieu of concrete or asphalt, the storage yards shall be hard
surfaced with crushed rock or gravel in a manner as
approved by the Engineering and Inspection Departments,
and shall be completed prior to the issuance of the
Certificate of Occupancy, and thereafter maintained in a
dust proof condition, properly graded and drained to dispose
of all surface water in a manner as approved by the
Engineering Department;
7. That there shall be no outdoor storage of disabled or
inoperative equipment and vehicles, scrap material, debris
or other similar items;
8. There shall be no storage of flammable, explosive,
radioactive, hazardous, toxic, or volatile substances within
the contractors storage yard the premises;
9. Self-storage is strictly prohibited, and no shipping container
shall be allowed to remain on the premises for longer than
six (6) consecutive months without the express written
consent of the Inspection Department and Fire Marshal;
10. 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;
11. That unless approved by the proper local authority, any type
of exterior advertising, such as promotional flags, streamers
or sponsor vehicles designed to attract the attention of
passing motorists, shall be prohibited;
12. That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department
at the time the building permits are applied for; and
November 14, 2017
28381
13. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of ONE YEAR ONLY from the date of approval by
City Council, and unless a building permit is obtained, this
approval shall be null and void at the expiration of said
period.
Mr. Wilshaw: Is there any discussion? Mr. Taormina and also the maker of the
motion, this is just a real nit-pick but Condition 8 in the first
sentence refers to volatile and flammable and so on substances
with the self-storage buildings or upon the premises. There are
no self-storage buildings so I think that phrase should probably
be stricken.
Mr. Taormina: Yes, that correct. And that was the problem with the previous
resolution. We will change that to "within the contractors storage
yard." That will replace that reference to storage buildings.
Mr. Ventura: Agreed.
Mr. Wilshaw: Thank you. That's just a small detail.
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted.
ITEM #8 APPROVAL OF MINUTES 1,113TH Public Hearings and
Regular Meeting
Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of
the Minutes of the 1,113th Public Hearings and Regular Meeting
held on October 17, 2017.
On a motion by Smiley, seconded by McCue, and unanimously adopted, it was
#11-74-2017 RESOLVED, that the Minutes of 1,113th Public Hearings and
Regular Meeting held by the Planning Commission on October
17, 2017, are hereby approved.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Smiley, Wilshaw
NAYS: None
ABSENT: Priddy
ABSTAIN: Caramagno
November 14, 2017
28382
Mr.Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made, seconded and unanimously adopted, the 1,114th Public
Hearings and Regular Meeting held on November 14, 2017) was adjourned at 9:08
p.m. !
CITY PLANNING COMMISSION
Sam Caramagno, Secretary
ATTEST: 'rte
Ian Wilshaw, Chairman