HomeMy WebLinkAbout1,160 - September 22, 2020MINUTES OF THE 1,160th PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, September 22, 2020, the City Planning Commission of the City of
Livonia held its 1,160th Public Hearings and Regular Meeting via Zoom Meeting
Software.
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, Scott Miller, Planner IV, 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 2020-08-01-05 Infinity Homes
Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2020-
08-01-05 submitted by Infinity Homes and Company pursuant to
Section 23.01 of the City of Livonia Zoning Ordinance #543, as
amended, requesting to rezone the property at 28400 West
Chicago Avenue (former Wilson Elementary School site) located
on the north side of West Chicago Avenue between Harrison and
Middlebelt Roads in the Northwest '/4 of Section 36 from PL
(Public Lands) to R-1 (One Family Residential).
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29740
Mr. Taormina: This is a request to rezone the former Wilson School site, which
is at the northwest corner of West Chicago and Harrison Roads,
from the current zoning of PL (Public Land) to R-1 (One Family
Residential). The property is roughly 8.75 acres in total area. It
measures 617 feet of frontage along West Chicago by roughly
the same distance along Harrison Road, 617 feet. The land
immediately to the north of this site consists of the Clements
Circle Pool and Park. That too is zoned PL (Public Land). To the
west, is the site that is managed by Great Lakes Water Authority
that previously contained a water storage tank. As indicated on
the zoning map, that is also zoned PL (Public land). To the east,
across Harrison are single-family homes. These are within the
Thomas Elliott subdivision. This subdivision was platted in the
early 1950's before the current R-1 standards came into effect,
and even though the area is zone R-1, many of the lots have
widths that measure 50 feet instead of the required 60 feet. As
you can see, most of that area has been developed as R-1.
South, across West Chicago are single-family homes located on
unplatted parcels zoned RUF (Rural Urban Farm). The rezoning
is the first step in the process of obtaining entitlement for
developing the site for residential purposes. The current owner
is Livonia Public Schools, which is in the process of selling the
land to the applicant, Infinity Homes. The future land use map
indicates the site as Parks and Community, which reflects the
current ownership and former use of the property for school
purposes. With that, Mr. Chairman, I can get the departmental
correspondence.
Mr. Wilshaw: Is there anybody on the commission with any questions at this
time? If not, we will give Mark a moment and then he can read
out the correspondence from the departments.
Mr. Taormina: The first item is from the Engineering Division, dated August 21,
2020, 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 parcel is assigned the address of #28400 West
Chicago Avenue. The legal description submitted by the owner
appears to be correct, and should be used to describe the
proposed rezoned property. The proposed development is
currently serviced by public water main, sanitary and storm
sewers, which will need to be extended to service any new
residences. The submitted drawing does not indicate any utility
connections, so we do not have any knowledge of impacts to the
existing systems at this time. The owner has been in contact with
this office regarding the project, and is aware of the Engineering
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Department requirements. It should be noted that should the
project move forward the proposed construction will be required
to meet the Wayne County Stormwater Ordinance, including
detention requirements. A full review of the proposed
development will be completed when plans are submitted for
permitting."The letter is signed by David W. Lear, P.E., Assistant
City Engineer. The next letter is from the Finance Department,
dated August 24, 2020, which reads as follows: "I have reviewed
the address 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 August 26, 2020, which reads as
follows: "In accordance with your request, the Treasurer's Office
has reviewed the name and addresses connected with the above
noted petition. (On our records this is listed at 17800 Middlebelt
Road / Midwest Memorial Group LLC). At this time there are no
taxes due as the property is showing as exempt, therefore I 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? There are no
questions. I will look for the petitioner. Is there a petitioner in the
audience tonight? If they could please click raise hand so we can
recognize you. Good evening, Mr. Soave.
Rico Soave, 37771 Seven Mile Road, Ste C, Livonia, MI, Good evening. Mr.
Taormina gave a very detailed description of the proposed
rezoning brought forward tonight. I really don't have anything
more to add to his description, but would be happy to answer any
questions that the commission may have this evening.
Mr. Wilshaw: Thank you, Mr. Soave. As always, we like to remind everyone,
the commission and the audience members that this is a rezoning
that we have before us tonight. We are going to be focusing our
discussion on the rezoning from PL to R-1 and is that the
appropriate zoning to go to. There is no site plan discussion that
is going to occur at this meeting tonight. That would be a second
process that would happen after rezoning. We will get into the
details of the site plan and what the homes are going to look like
and the layout of the lots and all of those details. Do we have any
questions from any of the commissioners for our petitioner?
Mr. Ventura: Mr. Soave, at the study meeting we inquired as to whether you
had approached the Great Lakes Water Authority who owns the
land immediately west and contiguous with this site as to the
availability to purchase that and you told us that you had called
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29742
them but had not received any calls. Has anyone gotten back to
you at this point?
Mr. Soave: Not at this time, but if anyone is watching and knows how to
communicate with the Great Lakes Water Authority, we would be
most happy to discuss the potential purchase of the property
keeping in mind that it would have to make good business sense
in the even that they are willing to sell the property. Hopefully
they are the true owners, not Wayne County,
Mr. Ventura: Thank you, Mr. Soave.
Mr. Wilshaw: Thank you, Mr. Ventura. Any other questions from the
commission for our petitioner? I don't' see any questions from
the commission. Is there anybody in the audience that wishes to
speak for or against this item?
Steven Alexander, 9919 Deering, Livonia, MI. Good evening. Thank you for
having us. Two quick questions. One I think you already
answered about maintaining the water shed. As you know, a lot
of water is collected there. Especially after the winter. Is there
going to be a retaining pond or do you have plans for that? I know
you talked about that, but my other question is about traffic. How
will that be handled? There is a lot of traffic there with the school
already and the pool.
Mr. Wilshaw: Mr. Alexander, so I am hearing that your concern is over water
drainage, the water situation in the area, and if there is going to
be a retention pond. The answer to that is yes there will be. That
is required by all developments that are done in the city now by
Wayne County. There is a storm water management program
that requires them to retain and slowing release water into the
sewer system. Your other question I believe was about traffic.
Mr. Alexander: Yes, sir.
Mr. Wilshaw: The concern is just the added traffic there in the area?
Mr. Alexander: Correct.
Mr. Wilshaw: Okay, we can talk to the petitioner about that when we go back
to him. Is there any other comments or questions that you would
like to ask?
Mr. Alexander: Yeah. Just adding on to traffic, sometime ago talking to Parks
and Rec...where you had the top of the box butting up against
the parking lot of the pool, one of the things that we had asked is
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29743
if during the time of the sale if that parking space of the pool and
parking lot could be increased. Perhaps, to come into what you
have is found in the yellow box that would probably help manage
the traffic situation at least on Harrison Road. It gets pretty
clogged up going into the pool or (inaudible).
Mr. Wilshaw: We hear your comments and mind you that all these will go into
our minutes and go on to City Council, so we will try to get back
to the petitioner once we have heard from anyone else in the
audience and hopefully get some of those questions answered
for you, okay?
Mr. Alexander: Thank you very much.
Mr. Wilshaw: Thank you for attending this evening and we will have you stand
by and we will go to our next audience member. One moment.
That is going to be Beth Graham. Good evening. You can
unmute yourself and introduce yourself. Name and address
please.
Beth Graham, 28815 West Chicago, Livonia, Mi. I am right across the street from
it. I also have concern about the amount of water (inaudible). I
have some pictures. I don't know if I can show it, but it is pretty
much like a swamp at certain times of the year.
Mr. Wilshaw: I don't think you can share your pictures on the Zoom platform.
Ms. Graham: Okay. Fair enough. Like I said, the plan had a picture of the little
pond in the corner and I have been to one of the other Infinity
Homes areas that had one and it is just kind of a little gravel pit
thing. So, I am just concerned about all of the water.
Mr. Wilshaw: Okay, we will try to have our
petitioner
discuss how he
is going to
or what
he can conceptually
do about
retaining water.
There are
a couple different options that we have seen. There is a dry pit,
like a dry pond area like you are describing which only gets water
in it when there is a rain event. There are other ones that have
water typically in them with the fountain and all that kind of stuff.
We will talk about that with the petitioner when we get back to
him, okay?
Ms. Graham: Okay.
Or.
Wilshaw: Any other comments that you wanted to make?
Ms. Graham: I was wondering if the trees are going to stay? There are some
really nice big trees there.
September 23, 2020
29744
Mr. Wilshaw: We can ask about that. That is a good question.
Ms. Graham: Thank you.
Mr. Wilshaw: Thank you, Ms. Graham. We appreciate you coming this
evening. Anyone else in the audience wishing to speak for or
against this item? We have Ryan. Let me hit the right button
here. Ryan, good evening. We ask for your name and address.
Ryan Ennis, 9860 Garvett, Livonia, MI. I also have some concerns about the traffic
and the aesthetics of the homes.
Mr. Wilshaw: Okay. I am not sure if we can answer your questions tonight, but
what are your questions?
Mr. Ennis: Because I don't' know...l mean um I am just concerned about the
amount of traffic as well because West Chicago gets very clogged
up, especially during rush hour, and then there is going to be
additional homes added and then also, if we look around the
neighborhoods surrounding it the homes are all ranches, 1950's
style. What are these homes going to look like? Is it going to be
like Royal Oak where you have like, you know, lofts that stick out
like a sore thumb amongst historical properties? That is my
concern.
Mr. Wilshaw: Okay. We can address that with the petitioner a little bit tonight,
but we are really focused on the zoning at this point. The types
or homes and the appearance of the homes would be more at the
site plan process. That happens after zoning. But certainly the
density of homes and how it relates to traffic is very appropriate
to discuss.
Mr. Ennis: Also, to, looking at the box it juts right up to the park. Are they
going to be building homes almost into the park or how much
space or leeway is there going to be between this subdivision and
the park?
Or,
Wilshaw: That's a good question. We will see what we can find out for you
tonight okay?
Or,
Ennis: Is this a meeting to say yay or nay? Or I guess I am little confused
about what exactly is the purpose of this meeting? Is this to really
take in public account of their views of this matter or is it already
a done deal? We are just trying to get some questions answered.
September 23, 2020
29745
Jr. Wilshaw: It is definitely not a done deal. Let me explain the process a little
bit so that you understand. The Planning Commission is a
recommending body. We make a recommendation to the City
Council. The City Council is the one that actually makes the
approval or denial ultimately of this change. This change that we
are considering tonight is a rezoning of this land from PL (Public
Lands), which PL is for schools, cities, and other governmental
entities, to R-1 (Single-family residential). Similar to all the homes
in the surrounding area. We are looking to see if that is the
appropriate rezoning for this property. We will decide
tonight... we will take a vote to either recommend that the
rezoning happen or not happen. Then it will go on to City Council.
The City Council will have an additional public hearing. It is an
opportunity for you to attend and give your opinion and your
comments, or questions. Then they will go through a process of
approving it as well. Their approval is the actual approval. Ours
is a recommendation to them. Once that takes place, and
typically with a rezoning they will hold... once they have decided
they want to move forward with this rezoning, that then starts the
stie plan process. The site plan is where we look at the actual
details of what is going to be in that yellow box. Where the lots
are going to be laid out, what type of homes are going to be in
there, where the road is, where is retention ponds is, and all those
details. That then again starts with us. We look it. We make
changes. We make suggestions. We approve or deny a
recommendation to City Council and then the City Council will
vote on that as well. So, it is kind of a four -step process. A
recommendation on zoning from us, an approval for zoning from
City Council and a recommendation for a site plan from us and
then an approval or denial on the site plan from City Council. I
hope that makes some sense for you.
Mr. Ennis: Somewhat.
Mr. Wilshaw: I understand. It is a little complicated, but we will...we do take
into account everyone's comments and opinions. The seven of
us will make a decision to either approve or deny based on what
we feel is best. Your opinion does matter so thank you for
attending and giving us your thoughts and opinions tonight.
There are some additional folks wishing to speak. There is a
phone in caller. Let me make sure that they are able to talk. This
is a phone number ending in 6663. You need to dial *6 to unmute
yourself. Good evening.
Shane Foley, 9870 Harrison, Livonia, MI. I am directly across from the entrance
to the park.
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29746
Mr, Wilshaw: Okay. very good. You are free to give us your thoughts for or
against this.
Mr. Foley: Thanks for explaining for the gentleman just prior, that was good
for me to hear. Really, just a comment really. Living across the
street from this area, one of the reasons that I like this
neighborhood and it is kind of rare that you find a really nice open
space like this in very well developed areas like this. I love
looking across the street and seeing an open field and trees. It is
quite relaxing and quite calming. For me I am generically against
this rezoning. I like the space. A question to you or to the team
would be is it better consideration to expand the park and include
this as part of the park permanently.
Mr. Wilshaw: One comment that I can tell you about, that is, this is property that
was owned by the school district which is a separate entity from
the City. They have chosen to sell this property to a private party
and in this case, Soave Homes, to build a subdivision. They went
through a process of deciding to sell this property and deciding
who to sell it to. We did not have any involvement in it. At this
point, we are just faced with the request of this private landowner
now.
Mr. Foley: Understood. In that case, I have some similar comments of the
prior people. The trees are beautiful. It would be awesome to
keep them. Concerns about traffic. The pool fills up quickly in
the summer. The road gets clogged up. Things of that nature.
Nothing different than the prior residents.
Mr. Wilshaw: Thank you very much for coming tonight and providing your
comments. We appreciate your thoughts and opinions on that.
Mr. Foley: Thank you.
Mr. Wilshaw: Okay, we will let you continue to watch and see what goes on
here. Let me go on to the next person in the audience, which is
going to be Tabby. You can unmute yourself and introduce
yourself with a name and address. Good evening. We are not
hearing anything from you Tabby. We hear you now. We did
hear you. Tabby?
Tabby Ortan, 28257 S Clements Circle, Livonia, MI. We are across from the park.
I just had a question. Was this just for one property owner or
more? Like families?
Or.
Wilshaw: I am not sure I follow your question. Are you asking if these are
going to be single-family homes or...
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29747
Ms.Ortan: Yes.
Mr, Wilshaw: Yes.
The intention is
that these would be
single-family homes.
Not
condominiums or
anything along those
lines.
Ms. Ortan: Oh okay.
We
actually
love the
area, but we would like to have
more land
so...
I would
be down
for it.
Mr. Wilshaw: Thank
you
so much.
Appreciate the comments. Is there anyone
else in
the
audience
wishing to speak on this item?
Ms. Ortan: No. That was my son.
Mr. Wilshaw: Oh. He is going to give his comments too, right?
Ms. Ortan: Yup. He wants to. Thank you so much.
Mr. Wilshaw: Thank you. Anyone else in our audience? We have one more
person with their hand up. We have a couple more actually. We
are going to go to Jonathan. Good evening. Again, we ask that
you start with your name and address.
Jonathon Fitzgerald, 28408 Cleveland, Livonia, MI. I do have concerns about this
rezoning. Echoing some of the sentiments that have already
been said. At least during the summer, I have definitely seen
traffic increasing with the water park being open and if residential
places get added in there, I can see that definitely being a
problem. Additionally, with everything going on with COVID-19 I
find solace in being able to take walks and enjoy a nice open area
which is pretty rare in such a heavy residential area such as this.
It is my wish that it stays the way that it is if possible.
Mr. Wilshaw: Very good. Thank you for coming and giving your comments.
We will talk to our petitioner when we have heard everyone's
comments and try to get to the issues you addressed, alright?
Mr. Fitzgerald: Thank you.
Or.
Wilshaw: We will go to Dave O next. Give him a chance to speak. You
can unmute yourself. I am not hearing anything from Dave O. Is
there anyone else in the audience wishing to speak? If so, please
click raise hand.
Dave/Mary Ostrowski,
9532 Harrison,
Livonia, MI. As
some of the other guests
have
mentioned, traffic really is an issue. I know you don't have
a site
plan. Harrison
is a feeder
street.
I know it is a main street.
September 23, 2020
29748
It feeds all the community to the east of us. There is quite a bit
of traffic. That is a big concern. In addition, we have lived here
for 35 years and when the school was there and we had issues
with... to make a long story short, the school is a separate entity.
It seems like they don't have to behave like the community does.
In other words, they have less restrictions. My concern is if they
decide to sell this property, does it truly have to be approved by
the city or are they an entity of their own and they can sell it to
anyone?
Mr. Wilshaw: Well, to answer your question, they can sell it. That is their choice
and it is their property. What we are dealing with this evening is
the rezoning of the property at this stage of the game. It is not for
us to decide if they are allowed to sell it or not. That deal has
been (inaudible) with the school.
Mr. Ostrowski: Just the zoning situation. Yeah, when the school was removed it
was essentially designated as a green space. That is truly what
it has been used for. To rezone it and try to pack in another 30
or 40 homes, the congestion is going to be pretty significant. I
would encourage the city to keep it as a green space as the other
caller mentioned. It is really nice to have that in this community.
I know that is the way it is up on Seven Mile. I know that is the
way it is on Plymouth and Farmington. So, these green spaces,
even though the community is a little bit older, it certainly is used
and appreciated.
Ms. Ostrowski: I would like to ask... I know you don't have any knowledge of any
offers to the school or any negotiations they had, but is there any
possibility that the city could make an offer on the property and
even use this as public land, whether it is park or as some have
said adding to the water park. Is that something the city has even
entertained?
Mr. Wilshaw: I can't speak for the city in terms of what they have or haven't
done, but what I can tell you is that the school district...typically,
if property changes hands between the school district and the
city, that is done at no cost. The city doesn't typically buy property
from the school district, as far as I know. The school district has
been selling property, as far as I know, in an effort to get revenue
by selling these properties for their budget. They are looking to
not give away property. They are looking to do it for as a way to
generate revenue for the school district. That is why they put this
out for proposal for people to offer to purchase and however that
process works, Infinity Homes was the one secured the offer that
he school district was willing to accept.
September 23, 2020
29749
Mr. & Mrs. Ostrowski: Okay. Thank you for your time.
Mr. Wilshaw: Thank you to both of you and continue to listen on and we will
make our decision this evening. Thank you for coming. Is there
anyone else wishing to speak on this item? I don't see anyone
else with their hands up. I am going to go back to you Mr. Soave.
As our petitioner, you have heard a number of comments offered
by the audience in regard to traffic and water management on the
property. Mr. Toarmina, I am going to go to you first.
Mr. Taormina: Mr. Chairman. We did receive a few questions through the Zoom
chat feature. I will read them just so that they are part of the
record this evening. The first is from Been McBane and that
message is: "Are these all going to be single-family residences?"
That question was asked earlier. Next is a question that comes
from Kelly. She asks, "Will the homes be the same style as the
surrounding neighborhood?'. Next is a question from Katherine:
"Do we have any idea how big these homes are going to be?
What about the traffic issues? Especially with the middle school
being just down the road." Lastly, I don't know who this is from
but they ask: "is the petitioner using a fake name?' .
Mr. Wilshaw: Okay, great. Thank you, Mr. Taormina. We will let the petitioner
address those and others that have been made. Mr. Soave, we
have heard a number of comments, specifically regarding the
traffic, water management on the site, the existence of several
large trees on the site and if those are gong to be retained
possibly. Again, we don't want to get into all of the details of the
site plan, but these are good questions as they relate to traffic
because the R-1 zoning has a certain amount of density
associated with it in terms of homes. If you could address some
of those comments that you heard and anything else you would
like to say this evening, I would appreciate it.
Mr. Soave: I would be happy to address some of those comments to all the
information we have at hand. Regarding the storm water, I am
sure Mr. Taormina can comment on this as well, but any new
development has to meet storm water management principles
form Wayne County which is the governing body in this particular
area. Any development you go into standing water becomes
alleviated. The situation improves itself by putting in catch basins
in and actually catching all of that standing water. As some of the
neighbors correctly identified, there probably is standing water on
that property because once the school was removed the Livonia
Public Schools didn't put in infrastructure to collect the water and
by walk the site, I know it is not graded out as well. So, when it
rains it finds the lowest spot and sits there. Once new
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29750
development goes in there, those water issues will be mitigated.
Trees... there are some mature trees on the property which you
can't build a development around the trees, however, there will
be more trees, new trees, being planted there than currently exist
on the property. We will be adding a lot to the (inaudible)
greenspace and trees as part of the new forthcoming site plan. I
think some of the neighbors questioned about the park and the
asphalt parking lot. The main reason why we don't have a
conceptual site plan is we are in preliminary talks with Parks and
Rec to see how the development may compliment these issues
that they are having with the overcrowding of that small parking
lot now. We started those talks and in the next month or two we
should have something to bring forward as a conceptual that
hopefully addresses some of those problems. In regard to traffic,
keep in mind this is abutting West Chicago and Harrison. Two'/z
mile roads that already have a lot of traffic because of the nature
of the Yz mile roads. They are collector streets. They dump into
mile roads. This is Middlebelt in this particular development.
However, the impact the new development will have will probably
be negligible based upon the R-1 zoning. I think the max amount
of units that we are allowed will be 35. There will be no more than
35 single-family homes going on this almost 9-acre site.
Anything else that I missed, or that you want further inquiry on
Mr. Chairman?
Mr. Wilshaw: I think that covers most of the questions I have seen so far. One
of the questions that came in through chat was now many homes
are planned for this site. You don't have a solid number on that
yet because we don't have a site plan, but you are saying...
Mr. Soave: We are looking at about 35.
Mr. Wilshaw: 35 is what the R-1 would allow.
Mr. Soave; Correct. So, based upon rough sketches, we are at 34 or 35
units.
Mr. Wilshaw: Okay.
Is
there any other questions
from the commissioners in
regard
to
what we have heard so far
this evening?
Mr. Taormina: Mr. Chairman, I believe one of the other questions that I noted
was home styles. I know this is early, but if Mr. Soave can speak
to the type of homes that probably make up the majority of the
development. If you can give the audience an indication of the
types of homes.
September 23, 2020
29751
Mr. Wilshaw: That
is a fair question at
this
point. Rico, go ahead and let us
know
what type of homes
you
are planning.
Mr. Soave: These homes would be very similar to other developments in the
City of Livonia and adjacent communities. I believe probably
ranches will be around 1200 to 1300 square feet up to maybe
2500 square feet colonials. It will probably be a good mix over
there if the other developments give a good indication. It will be
a good mix between ranches and colonials.
Mr. Wilshaw: Any other questions from any of the other commissioners? I don't
see any questions from any commissioners. I am going to
close... anything else Mr. Soave that you would like to say before
we close the public hearing?
Mr. Soave: Nothing further. I appreciate the commission's time tonight.
Mr. Wilshaw: Okay. One quick question, Mr. Soave. Is this property that you
have already into a purchase with the school district on or is this
contingent upon the rezoning and site plan approval?
Mr. Soave: Yeah, I think there were some comments regarding acquisition of
the property. As you correctly stated, Mr. Chairman, Livonia
Public Schools does have property that it has been sitting on for
a period of years and periodically they do put these properties up
for sale. They call them RFP's (Request for Proposal), which is
essentially a public bid. Anyone can bid on them and then the
school board goes through and analyzes those for qualifications
of the bidder and of course the price they are offering. We were
the winning bidder on this property, so we are under purchase
agreement and it is conditioned upon the successful site plan
approval process by the Livonia City Council.
Mr. Wilshaw: Great, thank you for describing that. It helps, hopefully, some of
the folks in our audience as to how we got to this point. If there
are no other questions or comments, I will close the public
hearing and a motion is in order.
On a motion by McCue, seconded by Ventura, and unanimously adopted, it was
#0946-2020 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on September 22, 2020, on
Petition 2020-08-01-05 submitted by Infinity Homes and
Company pursuant to Section 23.01 of the City of Livonia Zoning
Ordinance #543, as amended, requesting to rezone the property
at 28400 West Chicago Avenue (former Wilson Elementary
School site) located on the north side of West Chicago Avenue
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29752
between Harrison and Middlebelt Roads in the Northwest '/4 of
Section 36 from PL (Public Lands) to R-1 (One Family
Residential), the Planning Commission does hereby recommend
to the City Council that Petition 2020-08-01-05 be approved for
the following reasons or subject to the following conditions:
1. That the proposed change of zoning is compatible to and in
harmony with the surrounding uses and zoning districts in
the area.
2. That the proposed change of zoning will provide for single
residential development similar in density to what exists in
the neighboring area.
3. That the proposed change of zoning is consistent with the
Future Land Use Plan designation of low -density residential
land use in the general area; and
4. That the proposed change of zoning constitutes a
reasonable and compatible transition between the existing
neighborhood and adjoining nonresidential land uses in the
area.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 23.05 of
Zoning Ordinance #543, as amended.
Mr. Wilshaw: Is there any discussion?
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 2020-08-02-07 Mt. Hope Memorial Gardens
Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2020-
08-02-07 submitted by Matthew Petrocy, on behalf of Mt. Hope
Memorial Gardens Cemetery, requesting waiver use approval
pursuant to Section 6.03(e) of the City of Livonia Zoning
Ordinance #543, as amended, to construct a mausoleum in the
cemetery at 17840 Middlebelt Road, located on the east side of
Middlebelt Road between Six Mile Road and Pickford Avenue in
the Southwest'/4 of Section 12.
Mr. Taormina: This is a request to construct a mausoleum at the Mt. Hope
Memorial Gardens Cemetery, which is on the east side of
Middlebelt between Six Mile and Pickford Avenue. This site is
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29753
about 52 acres in total area. As you can from the zoning map, it
is zoned AG (General Agricultural). Cemeteries are treated as a
waiver use, and even though Mt. Hope has been in existence for
a long time, the construction of additional burial crypts is
considered an expansion subject to the waiver use review and
approval process. In fact, in 2006 Mt. Hope received waiver use
approval to construct a 3,520 square feet mausoleum, which is
located in the south-central part of the property. It is about 430
feet east of Middlebelt Road. The yellow box includes not only
the existing mausoleum, but also the area of the proposed
mausoleum. In 2016 the Planning Commission and City Council
again granted waiver use approval to expand the existing
mausoleum by roughly 2,200 square feet. The current proposal
adds another mausoleum to be built in the same general location
as the existing structure. They would be separated by a distance
of roughly 35 feet. As you can see, access is available via an
existing drive that extends east from Middlebelt Road and then it
forms a loop in the northeast corner of the property. The new
mausoleum would contain crypts that would be arranged both
side by side, as well as stacked. There would be personalized
markers for each crypt that would be displayed along the outside
of the structure, which would not contain any doors or windows
or any type of interior space open to the public. The overall
structure is just over 1,100 square feet in size. It would have a
height of 21 Y2 feet. The north, east, and west exterior elevations
would contain brick veneer. The front panels of the memorial
vaults would be polished granite panels. The south or rear
elevation would be constructed of poured concrete. As you can
tell, the structure would contain a flat roof. That is a
generalization of the petition. With that, Mr. Chairman, I can read
out the departmental correspondence.
Mr. Wilshaw: Yes, please.
Mr. Taormina: The first item is from the Engineering Division, dated September
21 2020, 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
waiver use at this time. The existing parcel is assigned the
address of #17800 Middlebelt Road. 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 if any work is to be completed in the Middlebelt Road right-
of-way, the owner will need to obtain permits from Wayne County.
" The letter is signed by David W. Lear, P.E., Assistant City
September 23, 2020
29754
Engineer. The next letter is from the Livonia Fire & Rescue
Division, dated September 3, 2020, which reads as follows: "This
office has reviewed the site plan submitted in connection with a
request to construct a mausoleum in the cemetery 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
August 27, 2020, 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 Scott Sczepanski, Sergeant,
Traffic Bureau. The next letter is from the Inspection Department,
dated September 17, 2020, which reads as follows: "Pursuant to
your request, the above -referenced petition has been reviewed.
This Department has no further objections to this petition." The
letter is signed by Jerome Hanna, Director of Inspection. The next
letter is from the Finance Department, dated September 16,
2020, which reads as follows: " I have reviewed the address
connected with the above noted petition. There are no past due
amounts receivable, however, their water bill of $85.29 is
currently due on October 9, 2020. 1 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 August 26, 2020, which reads as follows: "In accordance
with your request, the Treasurer's Office has reviewed the name
and addresses connected with the above noted petition. (On our
records this is listed at 17800 Middlebelt Road / Midwest
Memorial Group LLC). At this time there are no taxes due as the
property is showing as exempt, therefore I have no objections to
the proposal." The letter is signed by Lynda Scheel, Treasurer.
Lastly is an email dated September 16, 2020 from a resident,
Marisa Dore that reads as follows: "I am seriously apposed to the
petition to construct a mausoleum in the area mapped out and
proposed. My objection is due to the very high water table in that
part of the cemetery and surrounding area. Not only do I strongly
believe that it should be placed elsewhere on their property, I do
not think any more grave sites should be used in that area.
During the damp part of the year, water gathers on that side of
the property. Many grave site are flooded and are underwater for
days, weeks and even months at a time. So adding more "land
fill" or building will only increase the drainage problem that is
already in existence. There is almost a river that forms along the
fence line that has standing water for quite some time, this is not
good for the grave site and also becomes a breeding opportunity
for insects. If you walk the ground you can seethe grave markers
sinking and or no longer even due to the damp soft ground. I am
unable to attend the meeting but hope you will take these
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29755
concerns and issues seriously while making your decision." That
is the extent of the correspondence.
Mr. Wilshaw: Are there any questions of the Planning Director?
Mr. Wilshaw: If not, we have Mr. Petrocy in the audience. We have Mr.
O'Connor in the audience who I believe is also with the petitioner.
Is there anyone else in the audience that is involved with the
petitioner, Mr. Petrocy?
Matthew Petrocy, Director of Operation for Midwest Memorial Group representing
Mount Hope Cemetery,
Mr. Wilshaw: Is there anything you would like to add from what you have heard
this evening?
Mr. Petrocy: I think Mitch would be able to speak to the water collection in that
area in regard to the water mitigation when we place this building.
This building doesn't have a really huge footprint sitting next to
the mausoleum that is there now. I believe Mr. Taormina gave a
pretty good explanation. There is no walk-in on this building . It
is a garden mausoleum, which is a walk around.
Mr. Wilshaw: Okay, great. Mr.
O'Connor
is with us
as well.
He is free to
introduce himself
and
speak to the water
issue that
was raised.
Mitch O'Connor, Chippewa Consulting, 53200 Van Dyke, Ste 200, Shelby
Township, MI, we did do a topographic survey of the area
adjacent to the project and where the project is located. We are
proposing drainage swales to direct the rainwater away from the
site. We have been out there probably four or five times and have
not witnessed water problems that were described. Which is not
to say that they do not exist, we just did not witness it. In the plan
we prepared, it does direct rainwater away from the site and the
current drainage doesn't.
Mr. Wilshaw: Mr. O'Connor, assuming that there is the potential for the issue
of the high-water table in that area, what are you doing from an
engineering standpoint to ensure that the building is on sound
footing?
Or.
O'Connor: The footing design was done by Matthew ... a company out of
Pittsburgh and
the name
escapes me. We did
get soil bore
report, located
the water
table and the types of
soils and the
foundation was
designed
accordingly. There is
no basement,
so ... once the foundations
are sent back and we
build up from
there, it will be a stable site.
September 23, 2020
29756
Mr. Wilshaw: Okay. Is there anything else that you gentleman would like to add
before we go to questions? If there is nothing else, is there
anyone on the Commission that has any questions regarding the
petition?
Mr. Caramagno: How many additional crypts will this add to the property and how
many are there now?
Mr. Petrocy: That is a great question. I wouldn't be able to speak to how many
there are now. How many are available right now is none. The
building that we are proposing to build there... Mitch could
probably tell us, but I want to say it is just over 300 along with
some niches.
Mr. Caramagno: So, this building will give you 300 plus availability...you said there
is no availability on the property now?
Mr. Petrocy: No, we have roughly maybe 10 available crypts, but they are
tandem and the families that we are finding are more interested
in buying the singles. We have already converted some of our
tandems... instead of selling them as tandems, which would be
two crypts... converting and dropping the price and then selling
them as singles to facilitate for families that need them. The
building that we are proposing to build there has already pre -sale
crypts. There are families that have already purchased in that
building.
Mr. Caramagno: So, the demand is there. Okay. That is what I wanted to know.
Thank you.
Mr. Petrocy: Yes, sir.
Mr. Wilshaw: Thank you, Mr. Caramagno. Any other questions for our
petitioner?
Mr. Bongero: Just a quick question for my own curiosity. The design of this
building is quite a bit different than the existing. Is there a reason
you are going to this design vs. the one that is there and kind of
has a more residential feel to it?
Mr. Petrocy: Most of our cemeteries have an indoor chapel which is utilized for
weather. In the middle of winter families can gather in there and
then we perform the service, whether they own in there or not.
So, it is always good to have a shelter in the cemetery for having
those services. This type of building... out ultimate... like our
master plan is along side of that, probably another one like this if
September 23, 2020
29757
the need finds itself. We typically... we already have two walk-in
maso's there at Mt. Hope and that is probably, at this point, the
amount that we need.
Mr. Bongero: Thank you.
Mr. Petrocy: There are services there that are performed during the day.
Typically, we will have ... we time them and they are scheduled
so we will have one in that mausoleum and then in the Garden of
Light and you can do one every hour in that way.
Mr. Bongero: That makes sense. Thank you.
Mr. Wilshaw: Thank you, Mr. Bongero. Any other questions for our petitioner?
If not, there is one person in our audience with their hand up
named Neal. We will give him an opportunity to speak this
evening. Good evening.
Neal Zalenko, 260 E. Brown Ste 340, Birmingham, MI 48009. Thank you for
hearing me. I am speaking on behalf of the Adat Shalom
Memorial Park, which is exactly adjacent to this property. To the
east of the property. We share a common fence. We did email
in a notice of objection, but perhaps it didn't get in the agenda.
So, I am going to read the notice of objection if you don't mind.
Perhaps you could show slide number two while I am reading this.
The second slide which was the aerial view.
Mr. Wilshaw: The aerial photograph. We can do that. One moment.
Neal: That is perfect, okay. Adat Shalom Memorial Park. I am reading
the letter that we filed... is in receipt of the notice of public hearing
requesting a variance for Mt. Hope Memorial Park to construct an
additional mausoleum at 17840 Middlebelt Road. We have the
property immediately east and adjacent to the proposed addition
and have a clear and direct view of the site. Currently the
proposed site is overgrown, piled with dirt and generally
unsightly. You can look to the right at that big pile of dirt there
and it is next to ours which is a very well -kept cemetery. Based
on the condition of this site, we object to allowing any additional
activity on this property without any provision for planting shrubs
or trees on the east side of the site to block our view. If they want
to do something, they really should clean up this pile of dirt, right
to the right in the picture. Even at that, they could perhaps plant
some privacy shrubs or trees and then that would satisfy that, but
for right now if you were to see the site, the difference in quality
of our site and this, is significant. That is our objection to any kind
September 23, 2020
29758
of construction going on there when the site in its present
condition is just filled with dirt and mud in season.
Mr. Wilshaw: an you, Neal.
Mr. Zalenko: We did send an email in to Planning@cilivon iiamius.
Mr. Wilshaw: We will try to get that entered into our packet and into our record
to go into City Council. Thank you for reading that this evening
and that will become part of our permanent minutes that you
stated that. Thank you.
Mr. Zalenko: Thank you.
Mr. Wilshaw: Is there anybody else in the audience that wishes to speak for or
against this item? Seeing no one else raising their hand. I will
go back to the petitioner to make any comments before we close
the public hearing. You did hear some comments from your
neighboring property about the sightliness of this are. Can you
address what is going on with that?
Mr. Petrocy: Yes. I would like to state that first off, we are fairly new owners
of Mt. Hope Park, within the last 5 years. We do have plans to
remove the spoils, as they are called, which is the excess dirt
after you do an internment which they were storing up on that hill
back there. We do have planned to do that this Spring, however,
getting the necessary construction hiring ... we typically hire it out
and those individuals that are grabbing that dirt are utilizing it in
the City of Detroit as they demolish the homes and back fill the
basements. I am sure everyone is familiar with that project. They
typically come to us and grab the spoils from us. We are in
contact. This is a project that we are looking to undertake which
is getting rid of the spoils that are in that area.
Mr. Wilshaw: Thank you. Any other comments or questions before we close
our public hearing, Mr. Petrocy?
Or.
Petrocy: No, I don't think so.
Or.
Wilshaw: You're all set, okay. We will check with the Commission to see if
anyone else on the Commission has any questions or comments
before we close the public hearing.
Ms. Smiley: Have you thought of
doing
any
landscaping where you abut
your
neighbor
there? Or are you
just
thinking about removing that
dirt?
September 23, 2020
29759
Mr. Petrocy: Sorry, that was pretty broken up for whatever reason. I think what
I heard was are we thinking about doing any further landscaping
on which would be the east side fence facing the neighbor there.
Is that the question?
Mr. Wilshaw: yes.
Mr. Petrocy: That would be something I could look into. I haven't looked into
that. Like I said, one of our main objectives is as we were
cleaning up was getting those spoils out of that area. They have
been built up, which looks like over many many many years, so it
is not an impossible task. It is definitely something we have been
looking into. Just trying to get, like I said, contractors involved to
get in there and load it up and get it out of there.
Ms. Smiley: I think it would help if you go on to Council if you had some kind
of idea of what you might be interested in doing in that part.
Thank you.
Mr. Wilshaw: Thank you, Ms. Smiley. We can always add a condition to any
approving resolution that that would be a call back item or that
they would with the planning staff on additional landscaping. Any
other questions or comments from the commissioners?
Mr. Ventura: Going along with Ms. Smiley's question, Mr. Petrocy, when do
you think you would have the spoils removed from there?
Mr. Wilshaw: Mr. Petrocy, Mr. Ventura is asking when do you think your timing
for removal of the spoils?
Mr. Petrocy: We have been in contact with two dirt haulers, through my
regional director, and we are just waiting for them to contact us
back. They are not moving dirt right now. We have got 13
cemeteries in the metro area and nine of those cemeteries... they
haul dirt out for us. They took a small load in...I want to say it
was three or four weeks ago out of our Roseland Park location in
Berkley and this was a target on their list for this season as a
project. We have been on a stall trying to get it done.
Jr.
Wilshaw: So, it doesn't sound like you have a firm...
Or,
Petrocy: I will definitely follow-up with them and find out when their start
time is on it, but it is due to be a project that is completed this
season before winter.
Jr.
Wilshaw: Does that answer your question Mr. Ventura?
September 23, 2020
29760
Mr. Ventura: It does. Thank you, Mr. Petrocy.
Mr. Wilshaw: Thank you, Mr. Ventura. Any other questions or comments from
any of the commissioners?
Mr. Bongero: We had the study meeting and I recall that when thought you
were going to start the project?
Mr. Wilshaw: Mr. Petrocy, the question is when are you planning on starting
this project?
Mr. Petrocy: I am sorry. That whole thing was a stall and I couldn't hear
anything. I apologize for that. I think it is my phone, but it was
very hesitant.
Mr. Wilshaw: The question is when do you plan on starting this project if it
moves forward?
Mr. Petrocy: The building project? We are planning on breaking ground in the
Spring. We would like to break ground ASAP. My contractors
are ready to move.
Mr. Bongero: The only reason I am asking is because if you are starting sooner,
I could see all of that
dirt... maybe you
could use some of it
around
the site but get rid of
all of the excess.
Driving through there, it is
unsightly. I am in
agreement with
Mr. Zalenko. We
should
probably put something
in there that it
has to get removed
quicker
than Spring. It does
look pretty bad in
there. That is all I
have.
Mr. Wilshaw: Thank you, Mr. Bongero.
Mr. Petrocy: Yeah, I don't think that is...
Mr. Wilshaw: Go ahead, Mr. Petrocy...Any other questions from the
Commission? I don't hear any other questions or comments. If
there is nothing else, I will close the public hearing and a motion
would be in order. Anyone with a motion?
On a motion by Smiley, seconded by Bongero, and unanimously adopted, it was
#09-47-2020 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on September 22, 2020, on
Petition 2020-08-02-07 submitted by Matthew Petrocy, on behalf
of Mt. Hope Memorial Gardens Cemetery, requesting waiver use
approval pursuant to Section 6.03(e) of the City of Livonia Zoning
Ordinance #543, as amended, to construct a mausoleum in the
cemetery at 17840 Middlebelt Road, located on the east side of
September 23, 2020
29761
Middlebelt Road between Six Mile Road and Pickford Avenue in
the Southwest'/4 of Section 12, the Planning Commission does
hereby recommend to the City Council that Petition 2020-09-01-
07 be approved subject to the following conditions:
1. That the location of the mausoleum shall be in accordance
with both the Cemetery Plan & Vicinity Map, dated July 15,
2020, as revised, prepared by Matthews Gibraltar
Mausoleum & Construction Company and the Site Plan
dated May 13, 2020, as revised, prepared by Chippewa
Consulting.
2. That the Elevations Plan dated July 15, 2020, as revised,
prepared by Matthews Gibraltar Mausoleum & Construction
Company, is hereby approved, and shall be adhered to.
3. That all rooftop mounted mechanical equipment shall be
concealed from public view on all sides by screening that
shall be of a compatible character, material, and color to
other exterior materials on the building.
4. 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
5. That prior to the City Council meeting, the Petitioner shall
submit a restoration plan and schedule for the southeast
corner of the property that involves removing the mound(s)
of spoils and revegetating the area and also includes
specific timelines for completing the work.
6. Pursuant to Section 19.10 of Ordinance 4f543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one (1) 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.
Mr. Wilshaw:: Is there any discussion on the motion?
Mr. Taormina: I am going to refer
that discussion to the applicant.
This
is on a
fast track to get to
Council, so they will review this
in two
weeks.
That would mean
that he would have to provide
some
type of
September 23, 2020
29762
conceptual
landscape plan prior to that
Council hearing. Then as
far as
removing the dirt and cleaning up
the area... removing the
dirt, I
don't
know how many yards are
being pulled out of there
and if
they
have a source to accept the
fill. That could take some
time.
I will
let the petitioner
respond to
those time concerns.
Mr. Wilshaw: Mr. Petrocy, do you want to let us know?
Mr. Petrocy: Just for clarification, I am pretty sure that... can you hear me?
Mr. Wilshaw: We can hear you.
Mr. Petrocy: Just for clarification, if I get the dirt removed and I start that
process pretty quickly what is it that I am needing a landscape
plan to disguise? Is the landscape to disguise the dirt that I am
removing, or the landscape is to disguise the building...I am
confused.
Ms. Smiley: Hopefully the dirt will be removed, but some landscaping to your
neighbor to the east.
Mr. Taormina: Mr. Chairman, if I may make a suggestion?
Mr. Wilshaw: Mr. Taormina.
Mr. Taormina: Maybe just a conceptual restoration plan is all that is needed. If
the plan that is presented to Council provides for the removal of
the dirt and other restoration measures, whether its plantings,
seeding the area or hydroseeding, then that might suffice. I am
not sure why we would need additional bushes or trees along that
fence line if the dirt is going to be removed and the area restored
back to some type of permanent ground cover. It seems to me
that the space then provides additional area for future use. It is
probably an area that would get used at some point, right? So,
there is a motivation for cleaning that area up it would seem to
me.
Mr. Petrocy: Yeah, for sure. We would remove the dirt and then reseed we
top dress it with topsoil. We seed it and then we throw straw
down which holds the moisture in the ground and gets the seed
activated. We don't have much luck hydroseeding. It doesn't
produce a real nice turf, but that is how we repair the ground is
with the grass seed, then topsoil and straw.
Mr. Wilshaw: Okay, Mr. Petrocy, Ms. Smiley, does that sound acceptable to
kind of combine this into one removal of the dirt and restoration
of the area?
September 23, 2020
29763
Mr. Taormina: Then, along with that a timeline for completion.
S. Smiley: That would be fine.
Mr. Taormina: Then have Council review that plan in response to the neighbor's
concerns. I think that is fair all the way around. He would then
have an opportunity to address Council. I will just point out that
for everyone's benefit this would appear before City Council... it
is hopeful that it would be October 5, 2020, with the approval of
a seven-day waiver this evening.
Mr. Wilshaw: You are okay with what you have heard so far Ms. Smiley?
Ms. Smiley: Fine, thank you.
On a motion by Long, seconded by McCue, and unanimously adopted, it was
#09-48-2020 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 2020-08-02-07 submitted by Matthew Petrocy, on behalf
of Mt. Hope Memorial Gardens Cemetery, requesting waiver use
approval pursuant to Section 6.03(e) of the City of Livonia Zoning
Ordinance #543, as amended, to construct a mausoleum in the
cemetery at 17840 Middlebelt Road, located on the east side of
Middlebelt Road between Six Mile Road and Pickford Avenue in
the Southwest'/4 of Section 12,
Mr. Wilshaw: Is there any discussion?
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 2020-08-02-06
Biggby Coffee
Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2020-
07-02-06 submitted by Ed Buison requesting waiver use approval
pursuant to Section 11.03(c)(4) of the City of Livonia Zoning
Ordinance #543, as amended, to operate a limited service
restaurant with drive -up window facilities (Biggby Coffee) within
the Livonia Crossroads retail center at 11502 Middlebelt Road,
located on the southeast corner of Middlebelt and Plymouth
Roads in the Northwest'/4 of Section 36.
September 23, 2020
29764
On a motion by Ventura, seconded by Long, and unanimously adopted, it was
#09-49-2020 RESOLVED, that pursuant to a Public nearing having been held
by the City Planning Commission on October 22, 2019, on
Petition 2020-07-02-06 submitted by Ed Buison requesting
waiver use approval pursuant to Section 11.03(c)(4) of the City of
Livonia Zoning Ordinance #543, as amended, to operate a limited
service restaurant with drive -up window facilities (Biggby Coffee)
within the Livonia Crossroads retail center at 11502 Middlebelt
Road, located on the southeast corner of Middlebelt and
Plymouth Roads in the Northwest '% of Section 36, the Planning
Commission does hereby remove the item from the table.
Mr. Wilshaw: Mr. Taormina, do we have any updates on this petition?
Mr. Taormina: We do. Before you is the revised site plan that shows several
changes. The egress doors that are adjacent to the drive thru
would either be removed, relocated, or replaced with doors that
have windows to improve the safety conditions for persons that
are entering or exiting the building. All the bollards are going to
be repositioned to be no more than a foot away from the wall of
the building. This minimizes interference and provides additional
clearance for the drive thru and the by-pass lanes. The utility
meters are all being moved to a location inside the building, and
the dumpster enclosure will continue to face east, but in a more
compact arrangement as close to the building as is practical.
Also, a sign and pavement marking would be added, to
discourage drive thru patrons from blocking access to the
dumpster, which would only be emptied when the other stores
are closed for business. The other additional changes are the
reconfigurations to the parking lot, he addition of several
landscape islands, and directional signs to help guide the drive
thru customers to the rear of the building. Also, included is a fully
detailed landscape plan. That provides all the details relevant to
landscaping within several of the added islands. The directional
signs, I think there are three of them, and they are shown in the
parking lot. One at this location and two located on this island.
One facing north and one facing west. There is no new
correspondence relative to the site. I am happy to answer any
questions you may have at this time.
Mr. Wilshaw: Are there any questions of the Planning Director?
Mr. Caramagno: Mark,
the alley...)
know you said that the
parking lot repairs are
being
considered.
What about the alley?
Especially where all
September 23, 2020
29765
the cement is broken up on the east side. It will be gravel before
long. What is the plan there?
Mr. Taormina: 1 don't know if that is addressed specifically on the plan. So, why
don't we allow the owner of the shopping center to address what
the plan would be for that area.
Mr. Caramagno: Thank you, Mark.
Mr. Wilshaw: Okay, we will get to that question in one second. Any other
questions for the planning staff?
Mr. Ventura: Mr. Taormina, I noticed in the notes that you talk about the new
planting areas being curbed. I don't see that there will be
irrigation provided for the new planting. Is that something that
was omitted or is that something that should be addressed with
Mr. Houbba?
Mr. Taormina: That too is something that should be addressed by the owner. In
the meantime, I will look... usually, it is provided in the general
notes, but I did not get a chance to go through it in that level of
detail. Again, we can ask the petitioner.
Mr. Wilshaw: Great. Thank you, Mr. Ventura. Any other questions for the
planning staff? If not, we have some folks in our audience for the
petitioner. We have Mr. Buison. Good evening, sir.
Ed Buison, 9289 Liberty Ct., Livonia, MI.
Mr. Wilshaw: Thank you for being here again this evening. We also have Mr.
Houbba here with us. I am going to give him a chance to speak
if he would like to at an appropriate time. Good evening, Mr.
Houbba.
Mike Houbba, 9018 Telegraph Rd., Taylor, MI, 48180.
Mr. Wilshaw: Great. That way we can attribute your comments to you
appropriately. There is one additional person in the audience with
their hand up. We are going to give them an opportunity to
introduce themselves. They have the same last name of Houbba.
AHoubba.
Mr. Houbba: My brother is watching, but he did not inform me he was going to
speak. Maybe he pressed it by accident.
Mr. Wilshaw: Okay,
well we will
give him
a chance
to
speak if he wishes to at
some
point when
we get to
the rest
of
our audience members.
September 23, 2020
29766
Now that we have the petitioners introduced, we will start with you
Mr. Buison. Is there anything additional that you would like to add
to what has been discussed by our planning staff so far?
Mr. Buison: No, not so far. I think Mr. Taormina did a good job, as always. I
know that the two questions, Mike can address those about the
pavement on the east alley and the irrigation for landscaping.
Mr. Houbba: Okay, let me address the gation. Originally, the concrete
curbed islands were going to be basically Hosta's and
Boxwood's. My landscaper would water them periodically.
Those don't need too much irrigation, however, since you asked
for more landscaping, I don't think Brian noted anything for
irrigation.
Mr. Taormina: Irrigation is noted. I know it is difficult to pick up here, but if you
look at number 4... Scott and Stephanie just alerted me to this,
which I did not see.
Mr. Houbba: We were still debating how to go about the irrigation system since
breaking up the parking lot is not... it is something that we were
trying to avoid. Regardless, we are willing to make it work. I will
give it some thought. Ultimately, it if is necessary we will
accommodate the irrigation process. In the last meeting we did
mention that we would be resurfacing both alleys. We know the
condition is poor in the alleys.
Mr. Wilshaw: Okay, so your plan is to resurface the alleyway to ensure that it
doesn't continue to break up and it can be restored to a drivable
condition.
Mr. Houbba: Absolutely. Our whole intention with this drive-thru is to have a
more aesthetically pleasing back of the building, if you will.
Hopefully, one day the building next to us will follow suit as far as
a soft remodel, if not a full remodel
Mr. Wilshaw: Okay, great. This is typically an area of buildings that tend to get
a little bit neglected in terms of maintenance because it is not
often seen by people, but because we are trying to accommodate
this petitioner in having traffic drive thru that area, it is important
that it be aesthetically pleasing and also safe. If there is no other
comments from our petitioners, are there any other questions
from the Planning Commission for our petitioner?
Mr. Caramagno: I would
like to expand
upon that east alley. The south alley
is
asphalt,
and while that
is not terrible, it is that east alley that
is
broken
up concrete and
it is easy to say that we are going to
fix
September 23, 2020
29767
that. How do you intend to fix that broken concrete? It is quite a
project there. It is more than just an over layment of asphalt to
make that correct. It is just in rough shape. Right there in the
picture. What is the plan?
Mr. Houbba: That portion where the dumpster sits is going to be a new
concrete pad. The rest of it, I will have to consult with my ... who
we use for asphalt is S & J Asphalt Company. They have done
several of our plazas. They do great work. He wouldn't cut
corners, so I assure you I will have him come out and estimate
and he will know exactly what to do.
Mr. Caramagno: You are probably looking at about a 40-foot stretch that is just in
really bad shape. If you want to do what you are asking for, what
we are looking for is an improved aesthetic deal for a drive thru
in an alley. I think that really needs to be part of the program.
Mr. Houbba; Absolutely. I intend to. I didn't realize how choppy it was, as far
as cement and asphalt. I thought it was mostly asphalt. In this
case, he might just dig out the portion of cement that is not part
of the dumpster pad and repave the asphalt there.
Or. Caramagno: That would seem to make sense if that is indeed the plan. Mark,
can you back up a picture or two? Right there. Is there any plan
to trim any of those trees that are hanging over the alley there?
It almost hits your vehicle as you drive through. I know that tree
probably doesn't exist on your property, but if you look at those
branches there, they will hit your car as you drive thru.
Or. Houbba: If they are overhanging on our property, we will trim them. We
just did so at two of our shopping centers just recently.
Mr. Caramagno: Okay. The only other thing that I have is that I went by the deli
this morning at 11320 Middlebelt, which is just behind this picture.
I couldn't help but notice they were having a delivering at 10:00
a.m. this morning. Their delivery truck was blocking the entire
driveway here to deliver whatever they were delivering to the deli
next door. I would imagine that would not be good for business
for you.
Mr. Houbba: That would not be allowed.
Mr. Caramagno: Is that your call or is that his call on what is allowed? When you
look at the building to the south, right there Mark. You look at
that building, and the delivery truck was parked about where that
white car is. Right there and blocking the whole entire driveway.
I don't know how long he was there. I don't envision...I don't think
September 23, 2020
29768
he was there too long, but he was definitely parked right there
and there was no getting through that alley with that truck there.
Mr. Houbba:
Yes. This is our property. There is...l know we have an
easement agreement with the property to the east of use for cross
access, but they are not supposed to come in and park on our
property. It is simply for cross entrance.
Mr. Caramagno:
That is a conversation that you are going to want to have because
something has to change there. Them parking there is no good
for you.
Or. Houbba:
Since the vacancy there of 7,500 square feet at the south of the
building there, it has been vacant for quite some time. They
probably just figure we can park here, it doesn't hurt anybody,
maybe. I don't know.
Or. Caramagno:
That is an FYI for you. Thank you
Or. Houbba:
Thank you. I appreciate it.
Or, Wilshaw:
Thank you, Mr. Caramagno. Any other question from any of the
Planning Commission for our petitioners? If there are no other
questions,
Mr. Wilshaw: Is there anybody else that
wishes
to speak for or against this
item?
Even though this is
an item
that has been discussed at
length,
we will give an opportunity.
I don't see anyone asking to
speak.
Mr. Buison, and Mr.
Houbba,
is there anything else you
would
like to say before we
make a
decision on this item.
Mr. Houbba: Ed, if you would like to say something first.
Mr. Buison: Nothing further. I think that everything that was explained,
hopefully met the concerns we have discussed over the past few
weeks. Hopefully our plan is sufficient, so we operate a drive thru
safely and hopefully elevate this corner of the Middlebelt and
Plymouth intersection to match the rest of the area. Thank you
for everyone working with us. Thank you for your time.
Or.
Wilshaw: Thank you, Mr. Buison. Mr, Houbba?
Mr. Houbba: I do want to thank all of you. I took all of your comments and all
of your feedback and as you can see, we put it down on paper.
Hopefully we have answered most of your concerns. We are
going to extreme lengths for Ed. I know it may seem like just a
coffee shop, but after meeting Ed ... he is a great person. Also,
September 23, 2020
29769
we ... this unit has been vacant for quite some time and finally we
have a chance to lease it but only if a drive thru gets attained.
Especially in these times and how important it is. We are ... with
the landscape design and the concrete curbing, we are going to
extreme lengths for leasing a smaller unit like this. This will help
us to do what we need to do to beautify the plaza and hopefully
this will be a long-term investment.
Mr. Wilshaw: Great. Thank you, Mr. Houbba. With that, I will look to my fellow
commissioners for a motion.
On a motion by Ventura, seconded by Long, and unanimously adopted, it was
#09-50-2020 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on September 22, 2020, on
Petition 2020-07-02-06 submitted by Ed Buison requesting
waiver use approval pursuant to Section 11.03(c)(4) of the City of
Livonia Zoning Ordinance #543, as amended, to operate a limited
service restaurant with drive -up window facilities (Biggby Coffee)
within the Livonia Crossroads retail center at 11502 Middlebelt
Road, located on the southeast corner of Middlebelt and
Plymouth Roads in the Northwest'/4 of Section 36, the Planning
Commission does hereby recommend to the City Council that
Petition 2020-09-01-07 be approved for the following reasons or
subject to the following conditions:
1. That the maximum customer seating count for this
restaurant shall not exceed a total of thirty (30) interior seats.
2. That the Site Plan dated September 11, 2020, prepared by
Taylor Investment L.L.C. is hereby approved and shall be
adhered to.
3. Before the issuance of a Certificate of Occupation, the
shopping center's parking lot shall be repaired, resealed,
and restriped in accordance with the above approved site
plan. All parking spaces, except the required handicapped
spaces, shall be doubled striped at ten feet (10') wide by
twenty feet (20') in length.
4. That the Landscape Planting Plan identified as LP-1, dated
September 17, 2020, prepared by Nagy Devlin Land Design
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.
September 23, 2020
29770
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 of
passing motorists, shall be prohibited.
7. That no LED lightband or exposed neon shall be permitted
on this site including, but not limited to, the building or
around the windows.
8. 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
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 (1) 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.
ITEM #6 APPROVAL OF MINUTES 1,159t" Public Hearings and
Regular Meeting
Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of
the Minutes of the 1,159t" Public Hearings and Regular Meeting
held on September 1, 2020.
On a motion by Smiley, seconded by McCue ,and unanimously adopted, it was
#09-51-2020 RESOLVED, that the Minutes of 1,159t" Public Hearings and
Regular Meeting held by the Planning Commission on September
10 2020, are hereby approved.
A roll call vote on the foregoing resolution resulted in the following:
AYES:
Long, McCue,
Wilshaw
Smiley, Ventura, Caramagno
September 23, 2020
29771
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made, seconded and unanimously adopted, the 1,160th Public
Hearings and Regular Meeting held on September 22, 2020, was adjourned at
8:47 p.m.
CITY PLANNING COMMISSION
Sam Caramagno, Secret ry
ATTEST:
Ian Wilshaw, Chairman