HomeMy WebLinkAboutPLANNING MINUTES 2019-11-19MINUTES OF THE 1,1515t PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, November 19, 2019, the City Planning Commission of the City of
Livonia held its 1,151St 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: David Bongero Sam Caramagno Glen Long
Betsy McCue Carol Smiley Peter Ventura
Ian Wilshaw
Members absent: None
Mr, Mark Taormina, Planning Director, and Stephanie Reece, 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 2019-10-02-15 Tiseo (Citizens Bank ATM)
Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2019-
10-02-15 submitted by Tiseo Architects, Inc., on behalf of
Citizens Bank, requesting waiver use approval pursuant to
Section 10.03(I) of the City of Livonia Zoning Ordinance #543, as
amended, to construct and operate a freestanding drive -up ATM
kiosk within the parking lot of the shopping center at 19043-19053
Middlebelt Road, located on the west side of Middlebelt Road
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29436
between Clarita Avenue and Seven Mile Road in the Northeast
'/ of Section 11
Mr. Taormina: This is a request to construct and operate a freestanding drive -
up ATM kiosk within the parking lot of the Mid -Seven shopping
plaza located on the west side of Middlebelt Road just south of
Seven Mile Road. This property, altogether, is about 5.36 acres.
The shopping center itself contains roughly 56,700 square feet of
retail floor space. Customer parking, as you can see from this
aerial photograph, is mostly located between the storefronts and
Middlebelt Road. The main tenants in the plaza include Pet
Supplies Plus, which is located at the north end, and Planet
Fitness, which is located near the center. This particular drive -up
ATM kiosk would be located at the south end of the property.
Going back to the zoning map, Mid -Seven plaza is currently
divided into three different zoning classifications: C-1 (Local
Business), C-2 (General Business), and P (Parking). An
application is pending that would change the zoning of the
southerly 65 feet of the parking lot, which is zoned Parking to C-
1 in anticipation of constructing this freestanding drive -up ATM.
City Council gave First reading on the rezoning on October 2,
2019 and Second Reading and Roll Call are on hold pending a
review of the site plan. Pursuant to Section 10.03(l) of the
ordinance, drive -up windows require waiver -use approval.
Citizens Bank would lease the premises where the ATM kiosk is
proposed, thus it would not be located on a separate parcel nor
would it have separate access to either Middlebelt or Seven Mile
Road. Instead, access to the kiosk would be provided by means
of the existing drive aisles and approaches within the shopping
center. The ATM kiosk would occupy an area that measures
roughly 20 feet by 90 feet, next to an existing parking lot drive
aisle that runs east and west from Middlebelt Road to the back of
the shopping complex. The area needed for the kiosk would
displace 9 parking spaces. Mid -Seven requires no fewer than
302 parking spaces to meet the ordinance. Even with the loss of
the nine parking spaces, they would comply with the minimum
parking requirement with the 307 parking spaces that would
remain available. The required setback for any structures within
the C-1 district is 75 feet and, in this case„ the kiosk itself, which
is considered a structure, would be setback roughly 175 feet from
Middlebelt Road. The kiosk would be located on a curbed island
that measures approximately thirty feet in length by eight feet in
width. The overall dimensions of the kiosk, including the canopy,
would be twelve feet in height by nine feet in width and eight feet
in depth. The canopy would partially overhang the driver side of
the drive -up lane. Customers would enter the one-way drive -up
lane from the west and then exit to the east towards Middlebelt.
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29437
The kiosk includes lights, as well as a clearance bar to protect the
canopy. Drive -up services are required to have enough stacking
space equal to no fewer than four car lengths in addition to the
space at the drive -up window. The plan shows protected stacking
for three vehicles, including the one at the kiosk. Service lanes
for the drive -up windows are required to be at least 12 feet in
width. The proposed drive -up lane in this case would be 12 feet
wide. Thus, it would comply. There is no by-pass lane required
in this case. As you can see from the profile illustrations, the four
sides of the canopy would contain sign panels that identify
Citizens Bank. No dimensions are provided, however, only one
sign is allowed. Thus, the signage will require a variance from
the Zoning Board of Appeals. Lastly, the ordinance as it pertains
to this type of use requires that drive -up facilities not be used for
any purposes except in connection with a principal business use
of the site. In this case, the principal use of the site is not banking,
but instead general retail, thus to deviate from this stipulation will
require City Council approval by means of a 213 majority vote.
With that, Mr. Chairman, 1 can read out the departmental
correspondence.
Mr. Wilshaw: Yes, please.
Mr. Taormina: The first letter is from the Finance Department, dated October 22,
2019, which reads as follows: "1 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
Connie Kumpula, Chief Accountant. The next letter is from the
Treasurer's Department, dated October 31, 2019, which reads as
follows: "In accordance with your request, the Treasurer's Office
has reviewed the name and address connected with the above
noted petition. At this time, there are no outstanding amounts
receivable for taxes. Therefore, 1 have no objections to the
proposal."The letter is signed by Lynda Scheel, Treasurer. That
is the extent of the correspondence.
Mr. Wilshaw: Are there any questions of the Planning Director?
Mr. Long: Mr. Taormina, I noticed a couple things. One, I noticed that in
looking at the resolution I think there is some typos in it. This is
for the Mid -Seven shopping center, correct? What we are
considering tonight.
Mr. Taormina: That is correct. I noticed that right on top it does say Merri-Five.
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Mr. Long: On both of the approving and denying resolutions. This
commission, and 1 am not sure of the timing and whether I was a
member at that time, but, was a similar kiosk considered by this
commission at Merri-Five or at a different...
Mr. Taormina: So, information regarding a previous petition, similar to this one,
was provided in the staff report. It was in 2016. Bank of America
requested to construct a similar type of structure at the Merri-Five
plaza located at Merriman and Five Mlle Road. That petition was
denied, and I think we provided the reasons.
Mr. Long: They did not appeal that ruling to the City Council which would
have been their right?
Mr. Taormina: That is correct.
Mr. Long: Thank you for clarifying that.
Mr. Taormina: Mr. Chairman, there were a couple more items of
correspondence.
Mr. Wilshaw: Yes, thank you.
Mr. Taormina: The first item is from the Engineering Division, dated October 23,
2019, which reads as follows: "In accordance with your request,
the Engineering Division has reviewed the above referenced
petition. We have no objections to the proposed project at this
time. The existing parcel is assigned a range of addresses from
#19043 to #19053 Middlebelt Road and from #29475 to #29493
Seven Mile Road, with the address of #19043 Middlebelt Road
being assigned to the overall parcel. The existing parcel is
currently serviced by public water main, sanitary sewer and storm
sewer. The information submitted does not show proposed
alterations for the utility services, so it does not appear that there
will be any impacts to the existing systems. It should be noted
that should the developer need to do any work within the
Middlebelt Road right-of-way, permits will need to be obtained
from the Wayne County Department of Public Services." The
letter is signed by David W. Lear, P.E., Assistant City Engineer.
The next letter is from the Livonia Fire & Rescue Division, dated
October 23, 2019, which reads as follows: "This office has
reviewed the site plan submitted in connection with a request to
construct and operate a free standing drive -up ATM kiosk within
the parking lot of the shopping center on property located at the
above referenced address. We have no objections to this
proposal." The letter is signed by Greg Thomas, Fire Marshal.
The next letter is from the Division of Police, dated October 24,
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29439
2019, which reads as follows: "1 have reviewed the plans in
connection with the petitions. 1 have no objections to the
proposals." The letter is signed by Brian Leigh, Sergeant, Traffic
Bureau. The next letter is from the inspection Department, dated
November 15, 2019, 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, Director of Inspection.
Mr. Wilshaw: Are there any additional questions for our planning staff? Seeing
none, our petitioner is here? We will need your name and
address for the record please.
Ben Tiseo, 19815 Farmington Road, Livonia, MI, and as before, we are here
seeking approval for the drive -up ATM. This is a result of the
branch bank that has now closed that is on Middlebelt north of
Seven Mile Road. About a % mile. They want to maintain and
capture those same customers. We are also seeking a variance
for one parking spot as discussed at the study session that the
bank did a study of their drive -up ATM and found that they have
never had four in the queue and rarely do they have three. That
is a matter on monitoring the transaction time so they know when
the cars come. The only other thing to add is that I submitted a
letter to the Planning Commission that if this gets approved, for a
seven-day variance for the waiver.
Mr. Wilshaw: We did receive it. Thank you. Are there any questions for our
petitioner?
Ms. Smiley: Good evening, mine are about security on the site. I assume
there are cameras on the kiosk.
Mr. Tiseo: That is correct.
Ms. Smiley: Are their monitored in real time or are they just recording?
Mr. Tiseo: 1 will ask Mr. Paul Gagel. He is the project manager for Citizens.
He will address that.
Paul Gagel, Citizens Bank, 27777 Franklin Road, Southfield, MI, with regards to
the cameras we actually have a camera inside the ATM. There
are no cameras outside of the ATM, so anything that... anyone
who is using the ATM is captured.
Ms. Smiley: Is that in real time? Are you recording those and then checking
them later or is somebody doing that...
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Mr. Gagel: Our system is monitored electronically. As soon as you put your
card in, the image is captured and sent to our monitoring center
in Novi.
Ms. Smiley: Thank you. What kind of lighting do you have there?
Mr. Gagel: This kiosk has down lighting as well as the illuminated sign, but it
also has down lighting to provide security which is...I don't know
the exact lumens, but it is pretty bright. It lights up the area very
well here for the customers plus we have additional site lighting
that is already existing in the parking lot.
Ms. Smiley: Thank you.
Mr. Wilshaw: Any other questions for our petitioner?
Mr. Ventura: Just a clarification sir. So, to be clear, the camera is only
recording the person using the ATM? What about the
surveillance around the ATM?
Mr. Gagel: It is a direct shot, so anything that comes in front of the ATM... it
records continuously, much like you see on TV. When you see
something on the news, something captured by a camera it is.
The thing is, the bank monitors the transactions of the ATM. Now
in a police situation, if video was needed or something, we
certainly would work with the police to help if our cameras would
capture anything. It is not an overall... it is restricted to a certain
area. I would actually have to get a little more detail on that to
make a clearer definition of that.
Mr. Ventura: Okay, and I don't want to get into the weeds with you on that
either since you are not prepared to discuss it. My other question
would be, if there is someone in distress at the ATM...someone
off camera pointing a gun at them, is there a panic button or any
kind of emergency signal that could be ... that is activated? To
notify someone in real time?
Mr. Gagel: I will have to check that out. I don't know to be honest with you.
Mr. Wilshaw: Any other questions for our petitioner?
Mr. Caramagno: You mentioned that there is a lease on this piece of land for this
kiosk and the driveway there. How many year lease is this?
Mr. Gagel-- We are starting off with a 5-year lease with renewable options.
November 20, 2019
29441
Mr. Caramagno: Seems to be a way of the future, but 1 don't know... supposing that
this doesn't work out for you, do you have something in the lease
with the landholder that requires you to remove this piece of
building you have here?
Mr. Gagel: Yeah, that actually goes more towards our leasing team. I am
sure we have clauses in there that we would be able to get out of
the lease and provide enumeration to the landlord for some
reason. I don't know the particular details of the lease as per that
clause.
Mr. Tiseo: I believe I remember reading the lease and it had that should they
vacate the property they have to restore it back to its original
condition.
Mr. Caramagno: Okay, so a five-year lease and if it doesn't work out, you put it
back to what it was, parking lot. The other thing 1 had is, on the
overhang over the kiosk machine... it hangs over a little bit I am
assuming so that rain doesn't fall on you as your sticking your
arm out of the car. Is there a clearance sign on that?
Mr. Tiseo: Yes. It is 12 feet.
Mr. Caramagno: So, 12 feet.
Mr. Tiseo; It is 12 feet from the curb and another six inches, so it is 12 feet
6 inches.
Mr. Caramagno: That's posted right on the thing? I didn't see it in the pictures, but
it's posted right on there? Okay. Thank you.
Mr. Long: As mentioned earlier, a similar proposal was brought up in 2016
by Bank of America and was not approved by this commission.
That was three years ago. Can you talk a little bit about the
changing industry? Closing branches and why we are just doing
ATM's and not branches here?
Mr. Gage]: Those decisions are strategy decisions that are made at a much
higher paygrade than mine. I really don't know what all the driving
factors are for them to make a decision in a market area. I do
know that throughout our entire footprint in Michigan to the East
Coast we have had these situations come up. There are certain
guidelines that they follow. As I said, I am not sure what they are,
but it is something that we are going through right now. A
program that we are going through right now.
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Mr. Long: Do you know off the top of your head how many of these you have
in the Metro area? These standalone kiosks?
Mr. Tiseo: They have 300 in their portfolio. I would have to check my
records, but I think there is a dozen or so in Michigan if not more.
Mr. Gagel: Last year, we opened up one at Nine Mile and Coolidge and in
Taylor at Goddard and Allen Road. We have remote kiosks that
we have opened up. Recent projects that I have worked on.
Mr. Long: My last question, at least I think it is my last question, is that at
the study session we were given the crime statistics for these
types of things or lack thereof. Could you, for the record, share
those?
Mr. Tiseo: Again, Citizens went back to their records and of their 300 remote
ATM's they have never had a robbery. They have had the
skimming issues. That only happened twice in their 300 strictly
standalone ATM's. Nothing connected to the branch.
Mr. Long: Thank you.
Mr. VVilshaw: Any other questions for our petitioner?
Ms. McCue: I know that we stated that that branch at Seven Mile and
Middlebelt is closing, correct?
Mr. Tiseo: It has closed.
Ms. McCue: It's closed, okay. That happened quick.
Mr. Tiseo: October 16, 2019.
Ms, McCue: The letter that is included in our packet gives some statistics as
to the number of transactions that go on. Correct me if I am
wrong, but when it talks about the current branch at that
Middlebelt and Seven Mile, it had 48,000 transactions at their
walk-up ATM in the last 12 months. So, 4,000 a month?
Mr. Tiseo: That is correct.
Ms. McCue: I guess if you could just talk a little bit more about need and why
they might put that there versus somewhere else in relationship
to closing the branch.
Mr. Tiseo: From what 1 understand, that branch is a leased property as well.
So, their lease is us and they will be moving. 1 am assuming that
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29443
the landlord is not interested in only leasing for an ATM so they
had to find a different location to continue to capture the
customers that frequented that branch. If you move a mile or two
away, you tend to lose exponentially more and more customers
that you have captured through the years. So, they have been
looking at locations that is close enough to that branch where they
could locate a landlord and put in a new drive -up ATM.
Ms. McCue: Thank you and it is my understanding, and correct me if I am
wrong, but the other branch on Middlebelt... is that closing also
or...
Mr. Tiseo: There is no other branch on Middlebelt. There is one on Five Mile
Road.
Ms. McCue: So, that is the next closet one?
Mr. Tiseo: That is the next closest one. That is next to Farmington Road
and that one is staying.
Ms. McCue: Thank you.
Mr. Gagel: Plus, we have a branch at Newburgh and Six Mile also.
Ms. McCue: Thank you.
Ms. Smiley: That skimming thing...that is when they put something in your
ATM so that they can read your card. Is that what skimming is?
Mr. Gagel: Correct. Our security team does make sure it puts anti -skimming
devices on it and then monitors it. The machine is serviced by a
third party and all that is checked each time they go out to either
load cash or service the machine.
Ms. Smiley: My last question is, how many times in a week would you load
money and unload money? You know, like to pick up deposits
and put in new money in there for withdrawals? Do you know?
Mr. Gagel: No, I don't. Each machine is different, and it depends on how
much they initially load the machine and then as they see the
transactions there may be something where...okay, we need to
increase this to decrease frequency of visits or they may set a
threshold to say that minimal risk or this is our appetite of risk of
the amount we are putting in the machine at any one time. That
is our cash management group that takes care of that with ATM
administration.
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Mr. Tiseo: Given the amount of transactions that were recorded, I would
think it would be several times a week.
Ms. Smiley: Thank you.
Mr. Wilshaw: Any other questions for our petitioner? If not, Mr. Gage[, I just
have one question. You mentioned some of the other locations
that you have installed these freestanding ATMs. Are those also
in strip mail parking lots? Is that what you are basically targeting?
Mr. Gagel: The location at Nine Mile and Coolidge is in a strip mall. The
location at Allen and Goddard is actually in a branch parking lot.
When we relocated that branch, we opted ... the strategy was to
do an interior buildout and put a remote ATM in the parking lot of
the leased building.
Mr. Wilshaw: . Okay. I just want to get a feel for where you generally locate
these things. Thank you.
Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or
against this item? Seeing no one coming forward, I will close the
public hearing and ask for a motion.
On a motion by Smiley, seconded by McCue, and adopted, it was
#11-89-2019 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on November 19, 2019, on
Petition 2019--10-02-15 submitted by Tiseo Architects, Inc., on
behalf of Citizens Bank, requesting waiver use approval pursuant
to Section 1 U3(I) of the City of Livonia Zoning Ordinance #543,
as amended, to construct and operate a freestanding drive -up
ATM kiosk within the parking lot of the shopping center at 19043-
19053 Middlebelt Road, located on the west side of Middlebelt
Road between Clarita Avenue and Seven Mile Road in the
Northeast "/ of Section 11, the Planning Commission does
hereby recommend to the City Council that Petition 2019-10-02--
15 be approved subject to the following conditions:
That Section 10.03(1)(4) requiring the drive -up window not
be used for any purpose except the principal business use
at the site be waived pursuant to Section 19.06(1) by means
of a separate resolution in which two-thirds (2/3) of the
members of the City Council concur,
2. That Section 10.03([)(3) requiring the traffic lane serving the
drive -up service facility have enough waiting space provided
at a minimum rate of at least four (4) car spaces in addition
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to the space at the drive -up window be modified to allow for
three (3) car spaces, pursuant to Section 19.06(1) by means
of a separate resolution in which two-thirds (213) of the
members of the City Council concur;
3. That the location of the freestanding drive -up ATM kiosk
shall be in accordance to the site plan shown on the plan
labeled "Test Fit", marked Sheet No. P1 dated October 18,
2019, as revised, prepared by Tiseo Architects, Inc.;
4. That the Enlarged Plans & Elevations plan marked Sheet
No. P2 dated October 18, 2019, as revised, prepared by
Tiseo Architects, Inc., is hereby approved and shall be
adhered to
5. 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;
6. 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 to
passing motorists, shall be prohibited;
7. That no LED light band or exposed neon shall be permitted
on this freestanding drive -up ATM kiosk;
8. That the Petitioner shall enter into a conditional agreement
limiting the waiver to this user only, with the provision to
extend this waiver use approval to a new user only upon
approval of the new user by the City Council;
9. That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department
at the time of application for building permits; and
10. 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.
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.
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A roll call vote on the foregoing resolution resulted in the following:
AYES: McCue, Smiley, Bongero, Long, Caramagno
NAYS: Ventura, Wilshaw
ABSENT: None
ABSTAIN: None
Mr. Wilshaw: Is there any discussion?
On a motion by McCue, seconded by Smiley, and adopted, it was
#11-90-2019 RESOLVED, that the City Planning Commission does hereby
determine to waive the provisions of Section 10 of Article VI of
the Planning Commission Rules of Procedure, regarding the
effective date of a resolution after the seven-day period from the
date of adoption by the Planning Commission, in connection with
Petition 2019-10-02-15 submitted by Tiseo Architects, Inc., on
behalf of Citizens Bank, requesting waiver use approval pursuant
to Section 10.03(1) of the City of Livonia Zoning Ordinance #543,
as amended, to construct and operate a freestanding drive -up
ATM kiosk within the parking lot of the shopping center at 19043-
19053 Middlebelt Road, located on the west side of Middlebelt
Road between Clarita Avenue and Seven Mile Road in the
Northeast Y4 of Section 11.
A roll call vote on the foregoing resolution resulted in the following:
AYES: McCue, Smiley, Bongero, Long, Caramagno,
Wilshaw
NAYS: Ventura
ABSENT: None
ABSTAIN: None
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 #2 PETITION 2017-08-02-09 Basheer Elhady (Gas Station)
Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2017-
08-02-09 submitted by Basheer Elhady requesting a one-year
extension of all plans in connection with a proposal to construct a
gas station at 27430 Seven Mile Road, located on the northwest
corner of Seven Mile and Inkster Roads in the Southeast 1/4 of
Section 1.
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Mr. Taormina: This is a one-year extension of a waiver -use involving the
construction of a gas station on property located at the northwest
corner of Seven Mile and Inkster Roads. Council granted
approval for the gas station on October 15, 2018. In February
2019, the Zoning Board of Appeals granted variances involving
lot area, building setback, and parking. The action of the Zoning
Board of Appeals was challenged in Circuit Court by neighboring
property owners. On October 8, 2019, the Court affirmed the
Zoning Board of Appeals decision granting the variances;
however, because of the delay resulting in the court case, the
petitioner was unable to secure permits or commence
construction prior to the one-year expiration date of the site plan.
Looking at the plan, to refresh everyone's memory, this is a one-
story gas station that would measure approximately 2,490 square
feet. The interior contains a retail display area, cashier counter,
offices, as well as a restroom. The exterior is mainly brick as well
as some smooth faced stone and E. I. F. S. There would be a
new fueling center that would have four dual sided pump islands
with the capacity to accommodate up to eight vehicles and an
overhead canopy that would cover the fuel dispensers. Note that
the only correspondence we received on this item is confirmation
from both the City Treasurer, as well as our Finance Department
indicating that there are no outstanding balances due for taxes,
or for general, water and sewer.
Mr. Wilshaw: Thank you. Are there any questions of the Planning Director?
Mr. Wlshaw: Is the petitioner here this evening? We will need your name and
address for the record please.
Basheer Elhady, 20365 Audette, Dearborn, MI, we got held up in the process of
submitting plans to the city and getting them approved. The City
Attorney asked us to hold off until it was worked out in Circuit
Court. Once that was all cleared, we submitted our plans. We
received plans back from the Planning Department. We are
working with our architect to resolve any issues and make any
changes according to the Planning Department.
Mr. Taormina: Point of clarification. He is referring to the Engineering
Department.
Mr. Elhady: I apologize.
November 20, 2019
29448
Mr. Wilshaw: Any one on the commission that has any questions or our
petitioner?
Mr. Bongero: Mr. Elhady, how long have you owned the property?
Mr. Elhady: Actually, I am a project manager for the property. The property
has been owned for quite some time. 2010 was the purchase
date.
Mr. Bongero: The reason I ask is that I know that the property was a gas station
years ago and I think in 2008 or 2009 the DEQ flagged it for
contaminatipn. 1 understand there was a clean-up, but they don't
know the results. I was down at the Building Department. Do
you have anything to state that the site is clean?
Mr. Elhady: I don't have exact information.
Sam Hammous, 25896 Timber Trail, Dearborn Heights, MI,
Mr. Bongero: Typically, you do like an environmental study because if you
bought it after 2009 you don't know if it is clean. We are assuming
it was. There was soil taken off.
Mr. Hammous: They pulled the tanks out and they pulled out...
Mr. Bongero: That is typical for gas stations. That was just one concern I had.
The Building Department didn't have any record that it is in fact
clean. They are assuming but they don't know because that is
part of the DEQ requirements.
Mr. Elhady: Typically, before we install any tank or put anything back in the
ground, the DEQ has to give an approval that the proper
remediation was done to the property before we install anything
new.
Mr. Bongero: Okay. You don't have anything right now showing it does?
Mr. Hammous: It has to be verified with the DEQ.
Mr. Wilshaw: Any other questions?
Ms. Smiley: Along Dave's question, Mark, wouldn't Engineering or Inspection
have to have that available before they could start doing
something on that property?
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Mr. Taormina: I don't know if that was one of the comments provided by the
Engineering Department as part of its initial review of this or not,
but I can check on that.
Mr. Bongero: I did inquire about it and they had no record. I asked Jerome
because they said it would have been a building issue. Jerome
stated that they made them fence it off and there was soil
removed but he never got any receipt of like a clean slate from
DEQ. He said that it would not be uncommon to them, but he
had no record of it. To me, I feel like it is a concern that we should
know that it has been properly cleaned up because there is
underground storm retention. I know you are going to dig up for
that and I don't know if you have taken that into consideration.
There is onsite retention required.
Mr. Elhady; I am sure we can get the proper clarification from the DEQ
showing that it was properly remediated.
Mr. Bongero: I think I would like to see that. If I can add that.
Ms. Smiley: I wouldn't want them to proceed if it is contaminated. Thank you.
Mr. Wilshaw; Is there any other questions for our petitioner?
Mr. Ventura: Mr. Elhady, at the study session we asked you if you had all the
drawings and have submitted everything that is required by both
the Planning and Engineering Department.
Mr. Elhady: We submitted plans and the site plans, if 1 am not mistaken, they
were already approved but we had to stop...
Mr. Hammous: When we came to pull the permits, they said you have to go to
the Wayne County for some approval.
Mr. Elhady: We submitted plans to the county and those plans were approved
if I am not mistaken, and then we were contacted by the City
Attorney and they told us to hold off on any further development
with the property until the resolved the litigation that they had
pending.
Mr. Ventura: I guess my question at this time is, are all the drawings done?
Mr. Elhady: Yes.
Mr. Ventura: Okay, so you are simply waiting for the approval of the submittals.
Mr. Elhady: Yes.
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Mr. Ventura: When do you anticipate that you will break ground?
Mr. Hammous: As soon as we get...
Mr. Elhady: Once we work everything out with the Engineering Department,
with the City, and with the County...
Mr. Ventura: So, that would be as soon as you get a permit?
Mr. Elhady: As soon as we get a permit. If everything went well, I would
anticipate breaking ground in the Spring of 2020.
Mr. Hammous: I have everything on order, the tanks, pumps, everything.
Mr. Elhady: We have already engaged a general contractor. We have already
engaged a fuel supplier for the site. We are just simply needing
an extension on the plans that we submitted.
Mr. Ventura: Thank you.
Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or
against this item? 1 see one person coming forward.
Deborah Fallis, 19304 Rensellor, Livonia, MI, I submitted some paperwork to the
Planning board that two petitions we notarized of people with an
adjoining property said that they did not know about this. I also
have paperwork... their petition that they asked the people in the
area and they had no intention of letting us know it was a gas
station. The ground was contaminated in three areas. I talked to
the guy that went over there to inspect it. He showed me three
areas that were contaminated. I don't know where the paperwork
is on that. Mr. Taormina has the affidavit that we do not want
another gas station in that area. For one, the gas station property
is way too small to put a gas station on that. You guys waived
5,000 square feet or something for this building site. Plus, you
waived parking of areas in the building and you waived our
petition, 1 mean our right to have a say in this. You also waived
the people who live there you waived our rights also. We, the
people, don't feel that it is right that we were waived. Some
people say they never received notice. I have two affidavits
notarized from the people with adjoining property saying that
never received any information of a gas station being built. Back
in the day when they tore the gas station down, it was a very small
shed. That is all it was. It wasn't this great big convenience store.
The corner of that section we already have a gas station and
there is a 7-11 on that side. Today 1 was watching the truck that
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29451
delivers stuff to the 7-11 and that parking lot is twice the size of
this property that this gas station will be built on. They were
having a hard time getting in there. Traffic was held up on Seven
Mile trying to get their semi in to the parking lot at the 7-11. A gas
station that has more than that and a convenience store gas
station has at least two to three loads of gas that has to be
delivered by a semi every week. Every week. They have their
vendor that deliver the goods to the store. It is so congested in
that corner that people are driving around the block to get away
from any lights. The corner of my house has became the traffic,
like the main street. Right now, the property value for the people
in our area with another gas station built there would bring my
property value down 10%. 1 feel that it is wrong to have another
gas station built there. It is also competition for the little people
who the small business owners in that area. We already have a
whole subdivision in that area that is not... a shopping center that
is not being used since Wal-Mart was built. So, they are building
another competition. We have five gas stations within 1-mile
radius of this corner. Five, already in the radius. I understand
that the people want to catch the traffic, but we only have one
lane. We don't have four lanes of traffic where people can get in
and out. I can't even get out of my subdivision. I have to drive
five blocks over at a certain time of day just to get out just to go
to my church. I cook for the Salvation Army in Farmington right
on Inkster Road, so I have to go out Inkster Road to get to where
I cook twice a week. I just feel it is ridiculous and we weren't even
asked as homeowners and if this gas station does get built, I think
I will sell my house in this area. Maybe I will move to a better
area of Livonia because I do like Livonia. That is all I have to say.
Mr. Wilshaw: Thank you. Mr. Taormina, when Ms. Fallis talks about the fact
that the requirement for consent of neighboring properties was
waived, that was done by City Council, is that correct?
Mr. Taormina: That is correct. The petitioner did not meet that requirement and
then petitioned Council for a waiver. After significant debate
regarding the issue and that requirement, in the end they decided
to waive it.
Mr. Wilshaw: Okay.
Ms. Fallis: This petition does not say anything about a gas station. It says a
family business in the area. It doesn't give me the specific
property they are talking about.
Mr. Wilshaw: We do have a copy of that.
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Mr. Taormina: All of that was pointed out to the Council at the time they
considered this.
Mr. Wilshaw: That was a decision made by the Council. It wasn't out decision.
Ms. Fallis: This isn't the Council?
Mr. Wilshaw: No. This is the Planning Commission. We only recommend to
the City Council. This is going to go through another process at
City Council so you will have another opportunity to speak as well.
Ms. Fallis: I wish I would have known that because I think I am coming down
with the flu.
Mr. Wilshaw: We will try to not hold you up much longer. Are there any other
people that would like to speak on this item? I don't see anyone
else coming forward. To the petitioner, are there any other
comments you would like to make?
Mr. Elhady: I understand the concerns she has regarding the property and the
development of it. As I said, we did engage a supplier for the
location, and we have already engaged a general contractor.
Most of our sites are 24-hour locations, they are well lit. We
typically use the evening shift ... we have our CSR's clean and
stock the locations. We do intend to abide by all the rules and
regulations of the City of Livonia, and we do intend on providing
our community we serve with a clean and safe location that they
can visit.
Mr. Wilshaw: Thank you. Do we have questions for our petitioner?
Ms. Smiley: On that matter, you said your hours of operation are 24?
Mr. Elhady: Typically.
Ms. Smiley: You also said you would consider limiting those to 5:30 a.m. to
11:00 p.m.?
Mr. Elhady: Yes. 1 only mention that we typically use 24-hour locations. Not
all of our locations are 24 hours. Some locations do close in the
evening.
Ms. Smiley: That would be great, thank you.
Ms. McCue: We mentioned this last week, but just to clarify...I know she
mentioned on the petition and that it stated a family owned
business, it is a family owned business isn't` it?
November 20, 2019
29453
Mr. Elhady: Yes.
Ms. McCue: How many stations do you own around?
Mr. Elhady: Well, Mr. Sam over here is going to be the owner. He is intends
on running this station with his wife and his son.
Ms. McCue: Thank you.
Mr. Wilshaw: Any other questions for our petitioner?
Mr. Long: That is a small site. Will you have any trouble getting the trucks
in and out to do refill?
Mr. Elhady: Our architects... we have had much tighter sites that we have had
to deal with. Our architects typically design location where the
pads are located in an easily accessible area. They also provide
big enough tanks so that we are not having to send multiple loads
throughout the week. Typically, you will see one delivery and that
truck will not be seen again for another week.
Mr. Long: Thank you.
Mr. Bongero: One question. It may not be for the petitioner; it may be for Mark?
If the hours of operation are from 5:30 a.m. to 11:00 p.m., in the
event that they would want to switch to 24-hours, does that have
to go through...
Mr. Taormina: That would require an amendment to the waiver -use. That would
require a public hearing before this body followed by City Council
approval.
Mr. Bongero: Thank you.
Mr. Wilshaw: Any other questions for the petitioner or the Planning staff?
don't see anything else. Thank you for coming and we will have
a motion here soon. I look to the commission. Is there a motion?
On a motion by Ventura, seconded by McCue, and unanimously adopted, it was
#11-91-2019 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on November 19, 2019, on
Petition 2017-08-02-09 submitted by Basheer Elhady requesting
a one-year extension of all plans in connection with a proposal to
construct a gas station at 27430 Seven Mile Road, located on the
northwest corner of Seven Mile and Inkster Roads in the
November 20, 2019
29454
Southeast % of Section 1, the Planning Commission does hereby
recommend to the City Council that Petition 2017-08-02-09 be
approved subject to the following conditions:
1. That the request for a one-year extension of waiver use
approval by Basheer Elhady, in a letter received by the City
of Livonia on October 15, 2019, is hereby approved;
2. That all conditions imposed by Council Resolution #366-18
in connection with Petition 2017-08-02-09, which permitted
the construct a gas station at 27430 Seven Mile Road, shall
remain in effect to the extent that they are not in conflict with
the foregoing condition;
3. That all conditions imposed by Council Resolutions #367-18
and #368-18, which waived the minimum lot size
requirement and the need for at least 65% of the residential
neighbors within a 400-foot radius to approve the proposal,
shall remain in effect, subject to City Council confirmation.
4. That the owner shall undertake the appropriate Due Care
obligations as established by the Michigan Department of
Environment, Great Lakes and Energy (EGLE), or secure
final closure if required by EGLE and/or the Michigan
Department of Licensing and Regulatory Affairs (LARA);
5. That the hours of operation shall be limited from 5:30 a.m.
to 11:00 p.m. to minimize disturbance to the surrounding
neighborhood.
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: Is there any discussion?
Ms. Smiley: Something about Mr. Bongero's concern about the property being
properly remediated by the DEQ and that it is clean to start.
Mr. Bongero: They need to provide something, so we know that it is clean.
Mr. Ventura: A certification by the DEQ that the contamination has been
remediated.
Mr. Wilshaw: Mr. Taormina, do you understand that in a way that you can add
that to our resolution?
November 20, 2019
29455
Mr. Taormina: Yes, I do. It could be something that requires ongoing
remediation so my concern would be that it has been remediated
would imply that this has received full closure on its current open
status.
Mr. Ventura: That is correct. I life that.
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving resolution.
ITEM #3 PETITION 2019-09-02-14 ARCO Construction
Mr. Caramag no, Secretary, announced the next item on the agenda, Petition 2019-
09-02-14 submitted by ARCO Construction Company, Inc.
requesting waiver use approval pursuant to Section 11.03(n)(1)
of the City of Livonia Zoning Ordinance #543, as amended, to
construct and operate a senior assisted living facility (ClearPath
Assisted Living) at 33579 Eight Mile Road, located on the south
side of Eight Mile Road between Farmington and Gill Roads in
the Northeast % of Section 4.
On a motion by Long, seconded by Ventura, and unanimously adopted, it was
#11-92-2019 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on November 19, 2019, on
Petition 2019-09-02-14 submitted by ARCO Construction
Company, Inc. requesting waiver use approval pursuant to
Section 11.03(n)(1) of the City of Livonia Zoning Ordinance #543,
as amended, to construct and operate a senior assisted living
facility (ClearPath Assisted Living) at 33579 Eight Mile Road,
located on the south side of Eight Mile Road between Farmington
and Gill Roads in the Northeast '/ of Section 4, the Planning
Commission does hereby remove the item from the table.
Mr. Wilshaw, Chairman, declared the motion is carried, and the item is removed
from the table.
Mr. Taormina: When the Planning Commission originally reviewed these plans,
the main concern expressed at the time was the design of the
building. A concern over the amount of masonry being applied to
the exterior of the building. The petitioner has supplied revised
plans. This is a rendering showing the front of the proposed
assisted living facility. This is the north elevation. This is the side
of the building that would face Eight Mile Road. Brick has been
added to the face of this one-story building. It has also been
increased along the west elevation of the building. That is the
November 20, 2019
29456
side facing the parking lot, which will have considerable exposure
from that angle. Not so much the back side, which borders a wall
as well as the east side which borders a masonry wall. They have
added the brick where the brick is most visible to the public. They
have also added brick around the screen wall for the ground
mounted equipment which is at the southwest corner of the
building. You had a couple questions of the petitioner at the study
meeting regarding the overall percentage of brick and I think you
requested that they bring a material sample board. They are here
this evening to address those questions. Thank you.
Mr. Wilshaw: There is no updated correspondence, correct?
Mr. Taormina: Correct.
Mr. Wilshaw: With that we will go to the petitioner who is here? We will need
your name and address for the record please.
Jim Eisenhart, 204 Park Road, Webster Groves, MO, I am with Clearpath. We are
back looking for the waiver -use. John is going to go through
some of the materials, but we were trying to meet your
suggestions and add brick around the enclosures and add more
to the building.
Mr. Wilshaw: Excellent.
Mr. Eisenhart: We didn't know we like brick as much as we do.
John Auble, ARCO Construction, 323 Simmons Ave., St. Louis, MO, as you can
see, we incorporated, as Mark stated, a third building material
which is that brick there for you. We have added, as no one had
mentioned in the study session, 88% more masonry on the north
elevation, and 44% on the west elevation, which brings our total
across the whole building at 50150. So, we are 50% masonry and
50% Hardie Siding.
Mr. Wilshaw: Excellent. Thank you for that update. Do we have any questions
for our petitioner?
Mr. Long: 1 have a comment. I appreciate your willingness to work with the
commission. That area, most of the buildings are brick, and the
upgrades you have done will fit into that area much better so
thank you for listening.
Mr. Wilshaw: Any other questions or comments?
November 20, 2019
29457
Mr. Bongero: Just out of curiosity what is the facility rent for a studio and a one -
bedroom?
Mr. Eisenhart: We have different levels of service, but a studio will start around
$3,900 to $4,000 per month and it will go up to our memory care
which is the most expensive which is around $5,500 to $5,900
per month.
Mr. Bongero: What is the occupancy percentage like? Are your buildings full
or...?
Mr. Eisenhart: So, we have nine facilities that are mirrored after this building and
our average occupancy is 93%. So, we have several that are at
100% and we have one that has been open for less than a year
and is hovering around 88%. So, 93% in senior housing is
considered to be full because of the turnover but we do get above
93%. Our average is 93%.
Mr. Wilshaw: Thank you. Any other questions for our petitioner? There is no
one else in the audience to speak to this item, so the last word
goes to our petitioner. Is there anything else you would like to
add before we make our decision?
Mr. Eisenhart: We appreciate all of the comments. We are looking forward to
being in Livonia hopefully.
Mr. Wilshaw: Is there a motion?
On a motion by Long, seconded by Ventura, and unanimously adopted, it was
#11-93-2019 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on November 19, 2019, on
Petition 2019-09-02-14 submitted by ARCO Construction
Company, Inc. requesting waiver use approval pursuant to
Section 11.03(n)(1) of the City of Livonia Zoning Ordinance #543,
as amended, to construct and operate a senior assisted living
facility (ClearPath Assisted Living) at 33579 Eight Mile Road,
located on the south side of Eight Mile Road between Farmington
and Gill Roads in the Northeast Y of Section 4, the Planning
Commission does hereby recommend to the City Council that
Petition 2019-09-02-14 be approved subject to the following
conditions:
1. That the site layout as shown on the Paving & Grading Plan
identified as Sheet No. C-3 dated September 18, 2019
prepared by Nowak & Fraus Engineers., is hereby approved
and shall be adhered to;
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29458
2. That the Declaration of Easements verifying the subject
property shares parking and access with the abutting
shopping center site be supplied to the Inspection
Department at the time a building permit is applied for;
3. That the Landscape Plan identified as Sheet No. L-1 dated
September 12, 2019 prepared by Nowak & Fraus
Engineers., is hereby approved and shall be adhered to;
4. That all disturbed lawn areas shall be sodded in lieu of hydro
seeding;
5. That underground sprinklers are to be provided for all
landscaped and sodded areas and all planted materials
shall be installed to the satisfaction of the Inspection
Department and thereafter permanently maintained in a
healthy condition;
6. That the Exterior Elevations plan prepared by GMA
Architects, as received by the Planning Commission on
November 8, 2019, is hereby approved and shall be
adhered to;
7. That this site shall meet either the City of Livonia or the
Wayne County Storm Water Management Ordinance,
whichever applies, and shall secure any required permits,
including storm water management permits, wetlands
permits and soil erosion and sedimentation control permits,
from Wayne County, the City of Livonia, and/or the State of
Michigan;
8. That the petitioner shall correct to the Fire Department's
satisfaction the stipulations contained in the
correspondence dated October 11, 2019;
9. That all light fixtures shall not exceed twenty feet (20') in
height and shall be aimed and shielded to minimize stray
light trespassing across property lines and glaring into
adjacent roadways;
10. That the three walls of the trash dumpster area shall contain
brick or a brick face that matches the brick on the building.
The enclosure gates shall be of solid panel steel
construction or durable, long-lasting solid panel fiberglass.
The trash dumpster area shall always be maintained and
when not in use closed;
November 20, 2019
29459
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 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,
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.
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.
ITEM #4 APPROVAL OF MINUTES 1,150t" Public Hearings and
Regular Meeting
Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of
the Minutes of the 1,150th Public Hearings and Regular Meeting
held on October 22, 2019.
On a motion by Long, seconded by Smiley, and unanimously adopted, it was
#11-94-2019 RESOLVED, that the Minutes of 1,150th Public Hearings and
Regular Meeting held by the Planning Commission on October
22, 2019, are hereby approved.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Long, McCue, Smiley, Ventura, Caramagno,
Wilshaw
NAYS: None
ABSENT: None
ABSTAIN: Bongero
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted.
November 20, 2019
29460
On a motion duly made, seconded and unanimously adopted, the 1,151st Public
Hearings and Regular Meeting held on November 19, 201rvas adjourned at 8:00
p.m. ��
CITY PLA44NING COMMISSION
w /am Carbmagno, Secretary
ATTEST:
Ian Wilshaw, Chairman