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HomeMy WebLinkAbout1,175 - August 31, 2021 signedMINUTES OF THE 1,175th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 31, 2021, the City Planning Commission of the City of Livonia held its 1,175th 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 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 2021-07-02-13 Hines Place Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2021-07-02-13 submitted by Leo Soave requesting special waiver use approval to develop a Planned Residential Development pursuant to Article XX of the City of Livonia Zoning Ordinance #543, as amended, consisting of a condominium subdivision with nineteen (19) detached single-family homes on the properties at 37711, 37631 and 37601 Plymouth Road, August 31, 2021 30155 located on the south side of Plymouth Road between Newburgh Road and Jarvis Avenue in the Southeast %4 of Section 30. Mr. Taormina: This is a request to develop a Planned Residential Development consisting of 19 single-family homes that would be in the form of a condominium subdivision. The location of this property is the southwest corner of Plymouth and Jughandle Roads. The property is 3.36 acres in total area and is currently undeveloped. The site, as you can see from this zoning map, is bounded on three sides by public roads. Along the north side is Plymouth Road with about 298 feet of frontage. On the east side is Jughandle Road with 395 feet of frontage. To the south is Edward Hines Park which is 136 feet. On the west side of the property, the site borders Hunters Park Estate condominiums, which is zoned R-1 (Single Family Residential). The property is currently in the process of being rezoned from CA (Local Business) to R-C (Residential Condominium). City Council gave first reading to the rezoning on July 12. 2021. The Second reading and roll call, which is the final step in the rezoning process, is on hold pending a review of the special waiver -use and site plan. R-C zoning allows condominium dwellings as a permitted use, subject to the review and approval of the Planning Commission and City Council. The Use of the PRD standards under Article XX requires waiver -use approval. PRD is a special development option that allows for reduced yard requirements to help overcome natural and other unique obstacles or constraints that pose challenges to land development under conventional design standards. Hines Place is being proposed as a detached condominium subdivision. The Planned Residential Development option does not increase density. The number of units is limited to what would normally be achieved using conventional design standards. In an R-C district, the maximum allowable density is calculated according to the minimum land area per unit. For each two -bedroom unit, a total of 4,350 square feet of land is required. This translates roughly to a density of 10 units per acre. Thus, the subject 3.4-acre site, the maximum number of two -bedroom homes would be 34. As was indicated earlier, the site plan shows 19 units, which equates to a density of roughly 5.6 dwelling units per acre and is well below the allowable density. Article XX does not regulate individual lot size. The current design concept shows most of the lots measuring 40 feet in width by 100 feet in depth, for a total area of 4,000 square feet. All the home sites would front on a 24-foot-wide private street that would have access from Jughandle. The proposed street would extend approximately 150 feet in an east/west direction from Jughandle and then turn north for approximately 280 feet where it would end in a T-turnaround just south of August 31, 2021 30156 Plymouth Road. A sidewalk is provided for all of the lots and this new sidewalk system would join with new public sidewalks that would be provided along both Plymouth Road and Jughandle Road. Management of the site storm runoff would occur in the southwest corner of the site in the form of an underground detention basin. The landscaping plan shows a variety of plantings in several areas, including along the site's frontages on Plymouth and Jughandle and on the berm along the west side of the property where it abuts the adjacent Hunters Park residential development. Additionally, there is a tree shown in the front yard of each unit. Signage is allowed. One identification sign that would be a maximum of 20 square feet in area and five feet in height. The sign must be at least 10 feet from the right-of-way. We have not yet reviewed this development in terms of its signage, but there is ample room provided at the entrance off of Jughandle for a sign to be placed that meet all of these requirements. A draft of the Master Deed and By -Laws were submitted. All of the homes would be partially bricked. On multi- story homes, at least 65% of the exterior would consist of stone or brick. For ranches, that percentage would increase to 80%. The Petitioner's final drawings show some of the building plans. We will go through these quickly. Here are some of the homes ... the designs that the petitioner submitted. Again, these are mostly 1-Y2story homes including a two -car attached garage. You can see the floor plan and layout. In terms the architecture, there are a variety of front elevations. 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 August 17, 2021, 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 subject parcels are assigned the addresses of #37601, #37631 and #37711 Plymouth Road. The existing parcels are currently serviced by public water main, sanitary sewer and storm sewer, although the storm sewers are under the jurisdiction of Wayne County. The developer is familiar with the Engineering Department standards for site developments, and has been in contact with this office regarding this project. Based on a review of the submitted drawings, the following items should be noted: The roadway widths do not meet current Engineering Department standards, which indicates that all roadways, and storm sewer within them, will be privately owned. All storm sewers on the site will be privately -owned, and will be subject to review and permitting through the Wayne County Department of Public August 31, 2021 30157 Service. The development will need to meet the requirements of the Wayne County Storm Water Ordinance. Although the roadway will be privately -owned, it is recommended that the developer obtain guidance by a licensed Geotechnical Engineer for a proposed roadway cross-section based on soil borings from the site. The developer will need to obtain permits from Wayne County for the proposed roadway connection to Jughandle Avenue, as well as for any work occurring within the Plymouth Road right-of-way." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated August 4, 2021, which reads as follows: This office has reviewed the site plan submitted in connection with a request to construct site condominiums on property located at the above referenced address. We have no objections to this proposal with the following stipulations: A fire access road shall be provided with not less than 20 feet of unobstructed width and have a minimum of 13 feet 6 inches of vertical clearance in accordance to 18.2.3.4.1.1 and 18.2.3.4.1.2 of NFPA 1, 2015. Standard for residential cul-de-sacs is 50' with a minimum right- of-way radius of 60' to provide for sidewalks and utilities. Fire lanes shall be marked with wall or pole mounted signs that have the words: FIRE LANE - NO PARKING painted on both sides (for pole mount) or single sided (for wall mount) in contrasting colors at a size and spacing approved by the Authority Having Jurisdiction. Fire Hydrants and Water Supply shall be required according to 18.3 NFPA 1, 2015. Note: Per the City of Livonia Engineering Division: Fire hydrants in areas with single family residential structures will have spacing not to exceed 500 feet. Hydrants must be E.J. I.W. Midwest Model 6-BR or EJ.I.W. Water Master model 5-BR-250located a minimum 3 1 behind the curb." The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated August 4, 20211 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 August 23, 2021, 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. The next letter is from the Finance Department, dated August 6, 2021, which reads as follows: 'I have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated August 4, 2021, which reads as follows: "In accordance with your request, the August 31, 2021 30158 Treasurer's Office has reviewed the name and addresses connected with the above noted petition. At this time, there are taxes due, but they are not delinquent, 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? Mr. Bongero: Just one question. At the study meeting we had talked about maybe changing the configuration of the end cul-de-sac or the hammerhead down there. Did that ever come up? Mr. Taormina: That has not come up. There were no changes. I am not sure if the petitioner has anything to add. Mr. Bongero: Oh, okay. Thank you. Mr. Wilshaw: With that, if there are no other questions for our planning staff, we will go to our petitioner, Mr. Pastor. Good evening. John Pastor, 33461 Capri Court, Livonia, MI. I am representing Leo Soave Homes. Here to answer any and all of your questions. One being the cul-de-sac. They are going to ... they have to meet with Wayne County Engineering and the Fire Department to make sure what angle they want that road on. They will be doing that, it is just a matter of meeting with them and meeting their criteria to see how they want that laid out. They did... Mr. Soave is aware and will be doing that with those department heads Mr. Bongero: Thank you. Mr. Wilshaw: Thank you, Mr. Pastor. Is there any other questions for our petitioner from and of the commissioners? I think you are going to have an easy night in regard to questions. Is there anybody in the audience that wishes to speak for or against this item? We have one person in our audience. Sir, can you please come forward. We can't hear you without the microphones. That way the TV audience can hear you as well. Dave Svoboda, Hunters Park Court, Livonia, MI. I am representing and they just wanted me to make sure that it is what we thought it was going to be. Which in fact it is. He answered every question I had. The only point of clarification would be, are these two -bedroom, three -bedroom, a mix? August 31, 2021 30159 Mr. Wilshaw: We can have the petitioner describe that for you so you can have a better idea. We have some photos as well, but we will have him actually talk about the square footage and the number of bedrooms and so on so that you can... Mr. Pastor, you heard the question from our resident here regarding the homes, can you just describe them a little bit. Mr. Pastor: The homes are going to range anywhere from 1,400 to 2,000 square feet, two -car garage, you're going to have from two to three bedrooms depending on the clientele which ones they are going to want more. It is going to be a mixed use. It will have different elevations, so they aren't going to be 19 of the same elevations. At least three. Mr. Wilshaw: Great, thank you, sir. There is no one else in our audience so I will go back to our commissioners and see if there are any other additional questions. Ms. Smiley: Mr. Pastor, do you have these built somewhere else? Mr. Pastor: No, not these small ones, no. This is...these are a little bit smaller units being smaller units and smaller lot sizes designed for the probably empty nesters so that they can have less maintenance, but what is good about this project or product is we are not back-to-back. We are not all connected so we still have our own individual houses, but it is still a condominium, and you aren't taking care of much yard. It is a unique new product that is coming out on the market and more and more people are getting more excited about this product. Ms. Smiley: When you say you're not taking care of your own yard, does the condo... Mr. Pastor: No, you still take care of your yard, the common areas... it is still the same, you just don't have much yard to take care of. As you would in a normal instance. Ms. Smiley: You would be responsible for your snow removal and your lawn cutting and all of that? Mr. Pastor: You will have snow removal and lawn cutting on your own property, but they will...since it is a private road, they will have a snow plow company with the condominium association paying for it. Ms. Smiley: Okay. Thank you. August 31, 2021 30160 Mr. Wilshaw: Thank you, Ms. Smiley. Any other questions? Mr. Caramagno: John, when might this project start? Mr. Pastor: We are hoping to get the seven-day waiver and try to get to Council and get the second reading in and get their waiver so that we can get our plans in to the Engineering Department. He wants to start before year-end. Mr. Caramagno: Thank you. Mr. Pastor: That just goes with Wayne County, because I don't know if you know, they are really backed up. Actually, they have consultants now helping them review plans, so OHM ... there are other consultants actually reviewing the plans because Wayne County is so far backed up. Mr. Caramagno: Thank you. Mr. Wilshaw: Thank you, Mr. Caramagno. Any other questions? Mr. Ventura: Mr. Pastor, who will manage the homeowner's association? Mr. Pastor: Mr. Soave will until the majority of the homes are sold and then he turns it over to the homeowner's association. Mr. Ventura: And they will have an election or something? Mr. Pastor: Yes. Mr. Ventura: Is there a...do you know what the homeowners fee, the HOA fee's will be or will be... Mr. Pastor: Right now they usually start off at $500 a year. Mr. Ventura: $500 a year? Mr. Pastor: Yup. Mr. Ventura: Great, Mr. Pastor: That Or. is what my association is and I am in the Capri Court and there is 17 houses there and we are $500 for a year. Ventura: Thank you. August 31, 2021 30161 Mr. Wilshaw: Thank you, Mr. Ventura. Any other questions? If not, I think we have exhausted our questions for this item. I will close the public hearing and a motion would be in order. On a motion by Smiley, seconded by Long, and unanimously adopted, it was #08-45-2021 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on August 31, 2021, on Petition 2021-07-02-13 submitted by Leo Soave requesting special waiver use approval to develop a Planned Residential Development pursuant to Article XX of the City of Livonia Zoning Ordinance #543, as amended, consisting of a condominium subdivision with nineteen (19) detached single-family homes on the properties at 37711, 37631 and 37601 Plymouth Road, located on the south side of Plymouth Road between Newburgh Road and Jarvis Avenue in the Southeast '/4 of Section 30, the Planning Commission does hereby recommend to the City Council that Petition 2021-07-02-13 be approved subject to the following conditions: 1. That the Master Deed and bylaws complies with the requirements of the Zoning Ordinance and the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinances. 2. That the Site Plan identified as Sheet Number CS-100. 1, dated August 2, 2021, as revised, prepared by Angle Design & Engineering is hereby approved and shall be adhered to. 3. That the Landscape Planting Plan and Landscape Notes and Details identified as LP-1 and LP-23 respectively, both dated July 27, 2021, prepared by Nagy Devlin Land Design, are hereby approved and shall be adhered to. 4. That all disturbed lawn areas, including road rights -of -way, shall be sodded in lieu of hydroseeding. 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 streetlights and sidewalks shall be installed throughout the development to the satisfaction of the Engineering Department. August 31, 2021 30162 7. In the event of a conflict between the provisions set forth in the Master Deed and bylaws and the requirements set forth in the City of Livonia Zoning Ordinance, the Zoning Ordinance requirements shall prevail, and the petitioner shall comply with the Zoning Ordinance requirements. 8. That the petitioner shall include language in the Master Deed and bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities. That the petitioner shall comply to the satisfaction of the Department of Public Safety, Livonia Fire and Rescue the stipulations as outlined in the correspondence dated August 12021, 10. The developer and all contractors and subcontractors shall employ best management practices to prevent, reduce and mitigate the problems associated with soil erosion and airborne dirt and dust from migrating oft -site, including provisions for erosion control barriers, daily street sweeping, watering, and halting earthwork activities on days when the wind conditions are likely to cause a problem. 11. That only a conforming entrance marker is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals. 12. That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; and 13. Pursuant to 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? August 31, 2021 30163 Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Wilshaw: I believe our petitioner is requesting a seven-day waiver. Is someone willing to offer that? On a motion by Smiley, seconded by McCue, and unanimously adopted, it was #OS-46-2021 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 2021-07-02-13 submitted by Leo Soave requesting special waiver use approval to develop a Planned Residential Development pursuant to Article XX of the City of Livonia Zoning Ordinance #543, as amended, consisting of a condominium subdivision with nineteen (19) detached single-family homes on the properties at 37711, 37631 and 37601 Plymouth Road, located on the south side of Plymouth Road between Newburgh Road and Jarvis Avenue in the Southeast'/4 of Section 30, 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 2021-08-03-02 Livonia Drain No. 1 Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021- OS-03-02 submitted by the City of Livonia Planning Commission pursuant to Section 12.08 of the Livonia Code of Ordinances, as amended, to determine whether or not to vacate a portion of a 50-foot-wide drain easement (Livonia Drain No. 1) at 11850 Mayfield Avenue, located on the east side of Mayfield Avenue between Plymouth Road and Capitol Road in the Southwest %4 of Section 27. Mr. Taormina: This is a request to vacate a drain easement. That easement is located on property that is on the east side of Mayfield between Plymouth and Capitol. As you can see, the property in this case is zoned M-1 (Light Manufacturing). The easement was part of Livonia Drain No. 1. It runs through the center of this industrial property and in fact, right through the center of the building. The drain did become obsolete when these properties were platted as a Livonia Industrial Park back in the early 1970's and as part of August 31, 2021 30164 that platting process, the drain was enclosed and relocated along the north side of the property. We have a plan to show you. The easement to be vacated is the lower hatched area that runs right through the building, which is shown in that beige color. The relocated easement is outside the building along the property line on the north side and is currently active. The new easement is 20-feet wide, and it contains an interceptor pipe that collects and conveys storm water runoff. Unfortunately, after all of these years, the original easement was never formally vacated, which is the reason for this petition. The Engineering Department supports the vacating request and approval of this petition will help avoid future title issues for the owners and really anyone with an interest in the subject property. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: The first letter is from the Engineering Department, dated July 22, 2021, which reads as follows: "On November 19, 2020 we received, from the Clerk's Office, a request from 11850 Mayfield, LLC to vacate and abandon potions of the Wayne County drain (Livonia Drain #1, ext. & brs.) that is recorded through their properties at #11850 and #11880 Mayfield Avenue. The Engineering Division has investigated this request and finds no reason to retain the existing easements for that portion of the Livonia Drain No. 1 as shown on the attached ALTA survey. The existing drain easements were rendered obsolete when the properties were incorporated into the Livonia Industrial Park Subdivision Plat, and the open drain was converted to an enclosed drain that was relocated to run through an easement on the north side of the subject properties. Vacation of the existing historical easements will not affect the platted drain easement that the current drain runs through. Off -site drainage will still be collected and conveyed through the development's storm system to the enclosed Drain. Therefore, it is recommended that the City Planning Commission approve vacating the easement for Livonia No. 1 Extension Drainage District (Wayne County) described as follows: LIVONIA DRAIN NO. 1 EXT. & BRS. EASEMENT -TO BE ABANDONED EASEMENTS IN THE SOUTHWEST 1/4 OF SECTION 27, T1S-R9E, CITY OF LIVONIA, WAYNE COUNTY, MICHIGAN, BEING FURTHER DESCRIBED IN LIBER 15366, PAGE 137 AND LIBER 15398, PAGES 26 AND 29, AND LIBER 15402 , PAGE 712 OF WAYNE COUNTY RECORDS." The next letter is from the Finance Department, dated August 13, 2021, which reads as follows: "I have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, 1 August 31, 2021 30165 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 3, 2021, 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. At this time, there are taxes due but they are not delinquent, 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: Thank you, Mr. Taormina. Since this is a city initiated petition, we do not have a petitioner to come forward on this. Is there any questions from any of our commissioners? Any discussion? If not, I think we can flush this one down pretty quickly. I will check our audience real quick. There is no one in our audience left to speak on this, so ... they have ran away and so with that, I think I can safely close the public hearing and a motion would be in order. On a motion by McCue, seconded by Bongero, and unanimously adopted, it was #08-47-2021 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on August 31, 2021, on Petition 2021-08-03-02 submitted by the City of Livonia Planning Commission pursuant to Section 12.08 of the Livonia Code of Ordinances, as amended, to determine whether or not to vacate a portion of a 50-foot-wide drain easement (Livonia Drain No. 1) at 11850 Mayfield Avenue, located on the east side of Mayfield Avenue between Plymouth Road and Capitol Road in the Southwest '/4 of Section 27, the Planning Commission does hereby recommend to the City Council that Petition 2021-08-03- 02 be approved for the following reasons: 1. That this portion of the easement is no longer needed for public utility purposes. 2. That this open drain was rendered obsolete when the properties were platted and converted to an enclosed drain easement and relocated along the subject site's north property line. 3. That the work has been completed, and upon vacation of the old easement, a new easement will be recorded that encompasses the relocated section(s) of the utilities, and 4. No reporting City department or public utility has objected to the proposed vacating. August 31, 2021 30166 FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section12.08 of Livonia Code of Ordinances, 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 #3 APPROVAL OF MINUTES 1,174th Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,174th Public Hearing and Regular Meeting held on August 17, 2021. On a motion by Long ,seconded by McCue ,and unanimously adopted, it was #08-48-2021 RESOLVED, That the Minutes of 1,174th Public Hearings and Regular Meeting held by the Planning Commission on August 17, 2021, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Long, McCue, Smiley, Bongero, Ventura, Caramagno, Wilshaw NAYS: None ABSENT: None ABSTAIN: None Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,175th Public Hearings and Regular Meeting held on August 31, 2021, was adjourned at 7:29 CITY PL#ANING COMMISSION aramagno, ATTEST:'' Ian Wilshaw, Chairman