HomeMy WebLinkAbout1,184 - February 22, 2022 signedMINUTES OF THE 1,184th PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, February 22, 2022, the City Planning Commission of the City of
Livonia held its 1,184th Public Hearing and Regular Meetings 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 Ian Wilshaw
Members absent: Peter Ventura
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 2022-01-02-01 LAG Development
Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2022-
01-02-01 submitted by LAG Development requesting waiver use
approval pursuant to Section 6.05 of the Livonia Vision 21 Zoning
Ordinance to demolish the existing commercial building and use
the property for the storage and display of vehicles in connection
with an automobile dealership (Lafontaine Hyundai of Livonia) at
34801 Plymouth Road, located on the south side of Plymouth
Road between Stark and Wayne Roads in the Northwest '/ of
Section 33.
February 22, 2022
30417
Mr. Taormina: This project would convert the former Dough Boy Doughnut
property on Plymouth Road to a vehicle display lot. Located at
the southwest corner of Plymouth and Laurel Roads, the subject
property is now under the ownership of LaFontaine Hyundai of
Livonia. The site is a little over a half -acre with 173 feet of
frontage on Plymouth Road and approximately 147 feet on
Laurel. This site was originally developed as a gas station and
then converted to a doughnut shop sometime around 1975. The
existing building, which is about 2,150 square feet in size, would
be removed. As you can see from the zoning map, the current
zoning is C-1 (Local Business). A petition currently under review
would change the zoning to C-2 (General Business). City Council
gave first reading to the zoning change on October 18, 2021. Per
Section 6.05 of the zoning ordinance, C-2 zoning allows for
automobile sales as a waiver -use, subject to review and approval
by both the Planning Commission and City Council. Under that
same section, there are a number of special requirements that
apply to new and used car lots. First, the site must be at least a
half -acre in size and have 100-feet of frontage on a major
thoroughfare. In addition, no vehicles can be parked within 20-
feet from the front lot line. Another requirement is that all exterior
lighting must be shielded and reflected so as not to create a
nuisance. Also, the number of vehicles to be displayed or stored
is determined by the city. And lastly, there can be no outside
storage of disabled, damaged, or unlicensed vehicles. As
mentioned previously, this parcel is over a half -acre in size and
contains over 100-feet of frontage on Plymouth Road, which is a
major thoroughfare. The site would be combined with the
adjacent dealership property, which by itself is approximately 2.2
acres and includes another 175 feet of frontage on Plymouth
Road. So, the site easily exceeds the minimum size and frontage
requirements of the zoning ordinance. The site plan shows that
with the building gone, the restriped parking lot would have the
capacity to accommodate up to 40 vehicles. The subject property
currently has access to Plymouth Road via two driveway
approaches. The existing dealership also has two other
driveways: one on Plymouth Road and the other on Laurel Road.
The two properties would be connected by means of a new
driveway opening that would be created in the southeast corner
of the property. I am going to go back to the main aerial so you
can see where this property lies in relationship to the other main
dealership. The Hyundai dealership is located here. It is this L-
shaped parcel. You can also see the building of the former
Dough Boy Doughnut property located here, highlighted in
yellow. This building, as mentioned, would be removed. The site
plan that we are looking is for this parcel here. There was
February 22, 2022
30418
discussion at the study meeting about the possibility of
eliminating one of the three Plymouth Road approaches and
converting the area to landscaping. With respect to the vehicle
display lot, there are three parking spaces shown on the plan that
encroach into the minimum required 20-foot setback from the
Plymouth Road right-of-way, and which will require City Council
approval to modify this special provision. Additional green areas
would be added along Plymouth Road to accommodate the
landscaping that is required pursuant to Article X of the zoning
ordinance. Required are three full-size trees, two ornamental
trees, and 21 shrubs. Landscaping would also be added to the
southwest corner of the site. In addition, the plan includes PRDA
streetscape improvements in the form of brick pillars and
ornamental fencing. Overall, the submitted landscape plan
complies with Article X. Lastly, with respect to site lighting, a
photometric plan has been provided. It shows six pole -mounted
fixtures. As required, all six (6) would be full cut-off fixtures and
would have maximum height of 20-feet. The illumination levels
vary from a high of approximately 8.5-foot candles, which is at the
center of the property, to about 2 foot candles on the edges.
While this is greater than what the ordinance recommends, since
the lighting will not directly affect any residential areas, City
Council can approve the higher -than -average illumination levels.
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 January 21,
20221 which reads as follows: it 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 proposed project parcel is assigned the address of
#34801 Plymouth Road. The existing building is currently
serviced by public water main and sanitary sewer, as well as
private storm sewer. Since the owner is planning to demolish the
existing building and not replace it with a structure, there should
not be any impacts to the existing facilities. The owner will need
to obtain demolition permits from this Department, should the
petition be approved. It should be noted that the developer may
be required to obtain a permit from the Michigan Department of
Transportation (MOOT), should any work occur 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 January 26, 2022, which
reads as follows: "This office has reviewed the site plan submitted
in connection with a request to construct a automobile display
February 22, 2022
30419
area 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 January 20, 2022, 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 February 4, 2022, 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
January 26, 2022, which reads as follows: "/ have reviewed the
address connected with the above noted petition. The following
amounts are due to the City of Livonia: Unpaid water and sewer
charges: (currently due on 2110122) Total Due City of Livonia $
179.93". The letter is signed by Connie Kumpula, Chief
Accountant. Those charges have been taken care of. The next
lAter is from the Treasurer's Department, dated February 7,
2022, 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 l have no
objections to the proposal."The letter is signed by Lynda Scheel,
Treasurer. Lastly, we have an email correspondence that we
received today, February 22, 2022, from James Dupuie, it reads:
"Livonia Planning Commission, I wish to offer the following input
regarding this request by LAG. I do not oppose the demolition of
this building or the use for storage and display. However, as 28+
year resident of Laurel Street, I have attended several meetings
related to our neighboring businesses. There is an existing CR
182-03 adopted by the Livonia City Council on April 23, 2003,
with conditions that read in part: 2. "For safety purposes, the
parking or standing of delivery trucks and car haulers on Laurel
Avenue is strictly prohibited. All vehicle loading and unloading at
this dealership shall be accomplished on the premises only, and
not within 'any public rights -of -way, as shown on the "Truck
Hauler Unload Area" plan marked Sheet 1a of 4, dated March 13,
2003." We would appreciate that consideration be given to
designate an area in this parcel for loading and unloading car
haulers and tow trucks. I met with Mr. Matt Szabla in September
of 2021 to discuss my concerns. He related that they have an
offsite location for this practice but, I believe it is often ignored by
hauling and towing companies. Car haulers continue to use
Laurel for loading/unloading vehicles. Most often they drive south
on Laurel Street when finished offloading. This continues to be
the practice and as recent as yesterday (Feb 21, 2022), a car
February 22, 2022
30420
hauler drove south from the dealership. Thanks for your
consideration. James Dupuie, 11196 Laurel Street, Livonia, MI
48150." That is the extent of the correspondence.
Mr. Wilshaw: Are there any questions of the Planning Director? I don't see any
questions for our planning staff. Our petitioner is here in the
audience. If you would like to come to one of the podiums you
can introduce yourself. Tell us about your project.
Taylor Lin, LAG Development, 4000 West Highland Road, Highland, MI. Good
evening. I am here this evening with Matt Szabla. He is the
General Sales Manager for both our Dearborn and Livonia
complexes. As you guys have already gone over, we are here to
present our project located at 34801 Plymouth Road, formerly
known as the Doughboy Doughnut Shop. Our intention with this
parcel is to beautify it by demolishing the building, adding some
more landscaping, and then turning this eye sore into a parking
lot displaying beautiful new vehicles.
Mr. Wilshaw: Great. Thank you. Do we have any questions? Thank you for
your presentation by the way.
Ms. Lin: No problem.
Mr. Wilshaw: Do we have any questions for Ms. Lin?
Ms. Smiley: Just a quick one. Have you worked with the Plymouth Road
Development Authority?
Ms. Lin: Yes.
Ms. Smiley: Okay, you have. So, you have a plan that is worked out with
them?
Ms. Lin: Yes.
Ms. Smiley: Great. Thank you.
Or,
Wilshaw: Thank you, Ms. Smiley. Any other questions?
Ms. McCue: I do think
that
it is a
valid point or question about the car haulers
going up
and
down
the road. Have you addressed that at all?
Ms. Lin: Actually, I am going to bring Matt up. This would be his territory.
Matt Szabla, 34801 Plymouth
Road, Livonia,
MI,
48150.
All instructions for all
OEM's and
all
semi -trucks to
drop
off
either Hyundai's, Mazda's,
February 22, 2022
30421
or Volkswagen are communicated with their car haulers to drop
off at our lot that is about a half -mile down the street. I am not
aware of any semi's dropping off cars, nor have I seen any. If
they do and I am on the property, I make sure we get them down
there and that they aren't dropping them there and they drop them
down the street where all of the new cars are received, and our
porters take them. They go down there with the keys and grab
them and take them to our current location and then PDI them.
Now, if there are any service cars or anything like that being
unloaded or on loan, we do the same thing. I have instructed all
of the managers to do the same thing with any car haulers that
are there. We are continuously working on it. I am not saying
that it is perfect, but I think we are a lot better than it was before
and we will continue to make sure we address it moving forward.
All that communication was done with all of the manufacturers six
to eight months ago when we took over the property and I made
it crystal clear there is to be no semi's unloading brand new cars
on Laurel Street.
Ms. McCue: Thank you.
Mr. Wilshaw: Thank you, Ms. McCue. Anything else, Ms. McCue?
Ms. McCue: Mr. Taormina, is there anything we can do
about that or maybe
add to discussion? I do
get it. I really do
understand. It
might
sound kind of petty, but
like right here, we were talking
about
potholes when we walked in today and just
the conditions
of our
streets anyway are not
always the best
or always the
most
passable or wide enough
for parking, so...
Mr. Szabla: Ideal with a lot of similarities of how close it is to the main road
at the Dearborn complex and the confines of how much we work
with the residents and how close the residents are. I am very
compassionate with that, as well as the City Council and Planning
Commission of Dearborn. I have very similar conversations. We
can go a step further and if there is anybody parking or speeding
or any of our employees parking there, we can do internal
ticketing that we have done in Dearborn and have some
conversations like that. The problem lies typically with the
independents that are picking up one car or dropping off one car
that is either used or they are transporting it or some wholesale
piece and we are continuously working on that. Now, if we have
more room, I think they would be able to pull in if they are
dropping off one car or picking one car up or a tow truck or
something if we had some more room and access points there
with this new parcel. I think we can accommodate them a little bit
better as well, and our neighbors.
February 22, 2022
30422
Ms, McCue: Thank you.
Mr. Wllshaw: All set, Ms. McCue?
Ms. McCue: I think so, thank you.
Mr. Wilshaw: Good questions. Ms. Smiley?
Ms. Smiley: Are we closing one of those entrances or exits on Plymouth
Road?
Mr. Szabla: So, we have talked about that. We are not particularly opposed
to it. We kind of want to lay out the plans and all that stuff too.
You know that still leaves us two. I am not opposed to it. I don't
think LAG Development is oppose to it, but when we move
forward with the plan, I think we can kind of get into more details
of mapping out everything. I am not opposed to it.
Ms: Smiley:
Okay, then back
to
Ms. McCue's question. Are you aware of the
one on February
21,
2022?
Mr. Szabla: I am not aware of the one on February 21, 2022.
Ms. Smiley: That
gentleman mentioned...)
am
hoping that if this clears out,
they
would be more inclined
to go
in there.
Mr. Szabla: I totally agree.
Ms. Smiley: Thank you.
Mr. Wilshaw: Thank you, Ms. Smiley. Mr. Long?
Mr. Long: I don't have a question, but a comment. I know we have talked
about eliminating one of those curb cuts and considering it, but
given this information about the trucks going through, in order to
maximize the ability for people getting in and out we may want to
reconsider.
Mr. Szabla: That is the other thing too. If we want to map out them coming
in...the smaller trucks. I am talking about a single or double car
hauler, because I know no semis are dropping off. If there is a
semi, I am always on top of it right away or someone on my team
is. We aren't parking giant semis on Laurel Street. I know that
for a fact. I have seen one or two that are small car haulers that
load ... they are pulled by a pickup truck; they load one or two or
they drop off real quick. Yes, the large car haulers aren't there.
February 22, 2022
30423
They drop them off down the street. If we have more entrances
and exits, they can swing in and swing out and drop-off or pick-
up any vehicles. That is a good point.
Mr. Long: This is something that I was, at the study session, in favor of, but
I am kind of reconsidering it now. I am interested in, as this
progresses and I don't need an answer today, obviously, but as
this progresses down the road, I will be interested in what you
come up with. Thank you.
Mr. Szabla: We want to be good neighbors. We truly do. We want to be good
stewards of the community. We want to comply with anything
that the city needs as far as greenery and foliage, and we have
improved a lot of landscaping. We put in ... they requested those
original pine trees that go along the Burger King that there were
12 or 13 pine trees that were supposed to be there in the original
plans of the site ... we put those in right away. We spent a bunch
of money right in the fall there. We cleaned up all the leaves. Did
all the landscaping and we are going to continue to improve the
properties.
Mr. Wilshaw: Great news. Any other questions for our petitioner? No
questions from anyone else. Thank you, sir. Is there anybody in
the audience that wishes to speak for or against this item? Feel
free to come forward, sir. Please start with your name and
address.
Brad Arnold, 11205 Laurel, Livonia, MI 48150. In July I will be a 30-year resident
there. I am right to the south of the dealership. Could you put
that one up? Right there. That one. My question is, and I don't
think it has been explained or not, but I don't have a problem
tearing it down. That is a good improvement. Are they opening
up the yard though? That is what I am asking. Are they opening
that yard and is it going to be all the way open to the commercial
wall? We have had cars roll out of there in 30 years. Kids and
people jump over the commercial wall from the Burger King area.
That was my concern. I was wondering if it is enclosed on the
yard or will it be open and if it is open will they work on the
cosmetics of where the back was ... where that yellow line is, is a
wall fence right now with trees. It is overgrown. They have done
a lot of good things, like he said. They put the trees in and picked
it up. Made it a whole lot nicer than it has been in the last ten
years.
Or,
Wilshaw: I think, to answer your question
and Mr.
Taormina
can help by
pointing out
as well, the intent is
to make this part
of the entire
site to make
it
look
as much as one
large
parking area and there
February 22, 2022
30424
would
be an
opening...
Mr. Taormina is pointing to it with his
mouse.
That
would be ...
there would be an opening...
Mr. Arnold: Are you guys opening all that up and not leaving it a closed yard?
Mr. Wilshaw: Correct.
It would
be
opened up so that it would be all one so you
can flow
through
the
property.
Mr. Arnold: My thing is that it become safe, ya know. That you, basically,
opening it up to the back of my house from... is what you are
doing. My house is right here. The first house. Then it would
open all of that up. Basically, they have got gates here and
fenced in everywhere all the way around.
Mr. Wilshaw: I see what you are saying.
Mr. Arnold: So, I am asking for cosmetic that it is nice and that it is safe. I
hate to see them open it up and have all kinds of different kind of
folks coming in.
Mr. Wilshaw: Right. Definitely. I understand.
Mr. Arnold: That is my concern.
Mr. Wilshaw: I think Mr. Bongero has a question for you.
Mr. Bongero: Thank you, Mr.
Chair.
Are
you...l don't think they are taking that
back wall down
next to
his
house.
Mr. Wilshaw: Correct.
Mr. Bongero: They aren't going to open that. It is up further on the left behind
where the Doughboy building ... they are going to open that little
section up so they can get through to the big lot. They aren't
going to come back by your house and take the wall down.
Mr. Arnold: No, I am not saying by my house. I am saying right on the edge
of that property is trees and a fence and that is what I am asking.
Are they going to clear that open and open all that up?
Mr. Bongero: That we would have to ask the petitioner. I know there was talk
at the study session opening it up so they could get through to
the big lot. I don't know if they would take it down all of that.
Mr. Szabla: Right now, that building ... our current Hyundai building is between
the square of the yellow and the service...yeah, right there. That
is all open right there. Between... there is no fence dividing our
February 22, 2022
30425
lot right there where he is going in there...so, that is all open.
There is, obviously, fencing along the border of the Burger King
with trees as well. Right there. That fence has been repaired.
Now there is a like half fence in the front there, but there is no
fencing... so, someone can walk all the way through already. It
isn't totally enclosed right now.
Mr. Arnold: Okay, so what
I am asking is, are
you taking that
out and clearing
all that
part out
by the building.so
you have an
open area. Will
that be
open?
That is what I am
curious about.
Mr. Wilshaw: Sir, you will need to talk to us through the microphone so that
everybody can hear you on TV as well.
Mr. Arnold: I was asking about the...we can tear a building down, but if you
are going to improve it and I was asking if they were tearing that
down and that is going to be part of tearing the building down and
opening all that up and creating a open area there?
Mr. Wilshaw: I am not...all we know is what they are proposing. They can come
back up and detail this a little bit more if they wish, but once the
building is torn down there is going to be an opening in the fence
that is currently between the doughnut property and their
dealership parking lot to allow for cars to flow for
pedestrians... well, not for pedestrians, but customers to flow
through and shop for cars. There is not going to be any changes
to any of the fencing that happens on the western edge of the
property along Burger King or there or along the southern
property that abuts you. That wall will be there. Nothing will
change there as far we are aware. There will be some additional
landscaping. There is going to be quite a bit of landscaping that
they are adding to this site to add some greenery as well. Make
it look nice and they want it to be a nice -looking showroom, if you
will, parking lot for their new vehicles. I am sure they aren't going
to have debris or anything unsightly there.
Mr. Arnold: I still haven't heard if that is opening. Is that all opening?
Mr. Taormina: May I answer his question?
Mr. Wilshaw: Sure. Mr. Taormina,
Mr. Taormina: This area is not going to be fully opened. Only a driveway
connection between the two properties where the building
currently sits. This area will remain as it is. If what you are asking
is will all the landscaping be removed and the area opened up to
February 22, 2022
30426
parking, the
answer
is no. There
is some landscaping and I
believe
some
fencing
... a gate right
here. Is that correct?
Ms.Lin: Yes.
Mr. Taormina: There is going to be additional landscaping provided in the
southwest corner that will pretty much close off the opportunity
for another connection between the two properties. The only
opening is going to be located here as I indicated. Now, going
back to the area by your property, nothing is shown on the plan
that would impact or change the buffer that currently exists
between your house and the common property line that you share
with them.
Mr. Arnold: You have answered my question. Thank you.
Mr. Taormina: That is accurate, correct? Okay.
Mr. Wilshaw: We got you settled now?
Mr. Arnold: Yeah, I'm
settled. I just want to make
sure we have
some safety,
and we
got a little bit of cosmetics, so
we look good.
You can put
lipstick
on a pig, but she is still a pig.
Mr. Wilshaw: Exactly. One thing we did talk to the petitioner about at our study
meeting is lighting and security. They are going to make sure to
have adequate lighting that can apparently change in intensity if
there is motion on the property so that way, they can provide for
security for that site at night too.
Mr. Taormina: It is likely that LAG will be back before this Commission sometime
later this year with plans to make additional changes to the
dealership building. Allowing for an opening between the two
properties, as shown, should be an improvement. It will provide
the opportunity for vehicles to enter and exit to Plymouth Road
from the back lot where currently these cars have to use Laurel.
I think it will improve the situation for the neighbors to the south.
Mr. Wilshaw: Definitely. It would draw traffic directly to Plymouth Road instead
of Laurel.
Or,
Taormina: Correct,
Jr.
Arnold: Thank you.
Or.
Wilshaw: Thank you, sir.
There is no one
else in
the
audience. I
don't think
there is anyone
else wishing to
speak.
We
always like
to give the
February 22, 2022
30427
petitioner the
last
word before we
make our decision. Is there
anything
else
that
you would like to
add?
Ms. Lin: I just wanted
to address
the gentleman's
concern about security
and go a little
bit more in
depth with our
lighting system.
Mr. Wilshaw: Please do.
Ms. Lin: You covered it pretty much. We are able to adjust the lighting
intensity. Usually in the evening we tone it down and we do have
lighting controls and motion sensors. In the evening we turn them
down or completely off and when someone goes into the lot the
lights go on and grow in intensity. Then the police are aware that
someone is there that is not supposed to be there. The police
actually like it because it helps them monitor the dealerships and
the surrounding area. That would be our security for that lot.
Mr. Wilshaw: Excellent. We appreciate you explaining that. If there is any
other questions from any of our commissioners for our
petitioner...I don't think there is. I close the public hearing and a
motion would be in order.
On a motion by Smiley, seconded by Bongero, and unanimously adopted, it was
#02-14-2022 RESOLVED, That pursuant to a Public Hearing having been held
by the City Planning Commission on February 22, 2022, Petition
2022-01-02-01 submitted by LAG Development requesting
waiver use approval pursuant to Section 6.05 of the Livonia
Vision 21 Zoning Ordinance to demolish the existing commercial
building and use the property for the storage and display of
vehicles in connection with an automobile dealership (Lafontaine
Hyundai of Livonia) at 34801 Plymouth Road, located on the
south side of Plymouth Road between Stark and Wayne Roads
in the Northwest 'Y4 of Section 33, the Planning Commission does
hereby recommend to the City Council that Petition 2022-01-02-
01 be approved subject to the following conditions:
1. That the Site Plan identified as 2 of 3, dated January 26,
2022, as revised, prepared by Mannik Smith Group, is
hereby approved and shall be adhered to.
2. That the number of vehicles to be stored and displayed on
this site shall be limited to a total of forty (40) vehicles, and
unless waived by a two-thirds majority of City Council, no
vehicles for sale shall be displayed closer than twenty feet
(20') from the front lot line.
February 22, 2022
30428
3. That the parking lot shall be repaired, resealed, and
restriped as necessary to the satisfaction of the Inspection
Department. Parking spaces shall be doubled striped at ten
feet (10') wide by twenty feet (20') in length.
4. 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.
5. That the display of any vehicles on car lifts is strictly
prohibited.
6. That the Landscape Plan identified as 3 of 3, dated January
261 2022, as revised, prepared by Mannik Smith Group, is
hereby approved and shall be adhered to.
7. That all disturbed lawn areas, including road rights -of -way,
shall be sodded in lieu of hydroseeding.
8. That the Petitioner shall work with the Planning Department
and the Plymouth Road Development Authority (PRDA) on
plans to install additional landscaping and other streetscape
improvements (i.e., brick piers and ornamental fencing)
along Plymouth Road.
9. That all light fixtures shall not exceed twenty feet (20') in
height and shall be aimed and shielded so as to minimize
stray light trespassing across property lines and glaring into
adjacent roadways, and
10. Pursuant to Section 13.13 of the Livonia Vision 21 Zoning
Ordinance, this approval is valid for a period of one year only
from the date of approval by City Council, and unless a
building permit is obtained, this approval shall be null and
void at the expiration of said period.
FURTHER RESOLVED, That notice of the above hearing was
given in accordance with the provisions of Section 13.13 of
Livonia Vision 21 Zoning Ordinance.
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.
February 22, 2022
30429
ITEM #2 PETITION 2022-01-06-01 Livonia Vision 21 Zoning Ord
Amendment
Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2022-
01-06-01 submitted by the City of Livonia Planning Commission
on its own motion pursuant to Section 13.15 of the Livonia Vision
21 Zoning Ordinance, as amended, and in accordance with
Public Act 110 of 2006 (Michigan Zoning Enabling Act), as
amended, to consider multiple revisions to the LIVONIA VISION
21 Zoning Ordinance in order to correct certain defects, add and
delete provisions, and provide clarification to others.
Mr. Taormina: This item involves changes to the Livonia Vision 21 Zoning
Ordinance. As you know, the new zoning ordinance was adopted
last August. After six months of applying the new regulations,
staff has discovered several items that were somehow
overlooked and missing, and which should be added back.
Additionally, we feel that this presents a great opportunity to make
other desired improvements to the ordinance. The requested
changes affect 35 different sections of the code. A few are more
significant than others, which I will go over briefly. They include:
1) Expanding the opportunity to use the Planned Development
option within the City's residential districts. 2) Changing
ambulance services, local and suburban passenger, bus, taxi,
and trucking transportation terminals, from a permitted use to a
waiver -use in the industrial districts. 3) Adding back the
provisions for industrial parks that previously existed in
Ordinance 543. This is something that came up recently with a
couple of site plans in Rosati Park and is important that we get
the old regulations reinstated into the new zoning ordinance. 4)
Increasing the allowable floor area ratio in the NM2 multi -family
district from 30% to 35%. 5) Adding back provisions for restricting
the storage of materials and equipment in the front, side, and rear
yards within the city's commercial districts. This is something that
was inadvertently omitted from the new zoning ordinance, and we
found a place to put that back into the code. 6) Eliminating
accessory dwelling units as a permitted used in one -family
residential districts. I showed you this last week. This language
exists in two different spots within the ordinance. Both of those
sections would be eliminated. One is part of Article XI and the
other is in Article XII. 7) Eliminating the zones that require
minimum house sizes since these are all obsolete. When we
adopted the new zoning map, we removed any reference to
Zones A, B, and C, which for a long time were part of the various
district designations, but no longer exist. 8) Including retail sales
in our C-4, High Rise Commercial zoning district. Why that was
February 22, 2022
30430
left out, I don't know. The fact that it is a commercial zoning
district, it should allow for limited retail sales. 9) Adding back a
provision that will allow limited projections of chimneys, eaves,
and other architectural features into the required yard setbacks
on residential properties. This is another item we discussed
where it is not uncommon to have minor projections for features
on houses such as chimneys, eaves, and those types of things.
Currently, the ordinance has separate rules as applied to porches
and decks, but other minor architectural features were
unaccounted for in the new zoning ordinance. We want to add
that language back. 10) Adding back the allowance for reduced
parking stall dimensions in the case of office developments.
Where we typically require 10 x 20 spaces, often times in office
complexes where employees park for a long period of time, we
really don't see the need for the ten -foot -wide spaces. Nine feet
seems to be appropriate in most circumstances. It saves land
and since it is not used for customer parking there is less risk of
vehicles being damaged. 11) Making sure that screen walls are
the preferred means by which to buffer non-residential
developments from residential properties. Mr. Long had asked,
as we were going through the restrictions, that it should be the
preference over the landscape buffering. If you refer to Article X
Section 10.03, you will see how we have modified that language
to address that concern. 12) Allowing for separation agreements
between property owners who desire certain buffering standards
and are willing to avoid going through the variance process.
There are times when the owner of a commercial property is
required to put up a wall, but the adjacent residential property
owner might have an existing fence that they prefer to keep. As
long as the two parties agree, the ordinance would allow for up to
five-year agreements. Over the years, we have done a number
of these. They work well. Again, that was left out of the new code
book, and we feel it is an important item to put back in. 13)
Increasing the allowable area for monument signs in the C-1,
Local Business zoning district from 20 square feet to 30 square
feet. Why we reduced it in the first place I don't know. It seems
logical that for multi -building complexes that the amount of sign
area would be at least equal to if it were a single commercial
building. 14) Adding back a provision that requires site plan
review in the case of certain commercial and other non-
residential developments, as well as site condominium and
condominium projects. Again, this is language that was
inadvertently omitted that we are putting back. 15) Eliminating
the application fee for site plan reviews since this was moved to
the Code of Ordinances. 16) Lastly, removing the requirement
for the City Clerk to provide inserts in the case of rezoning
notification signs. It is our opinion that these changes will result
February 22, 2022
30431
in a better
overall zoning ordinance and one
that
helps achieve
the overall
goals and objectives
of the Master
Plan.
Thank you.
Mr. Wilshaw: Excellent. Thank you, Mr. Taormina. There is no further
correspondence from any other departments for this item, is
there?
Mr. Taormina: There is
not. That
is correct.
The
report for
the prepared
resolution
should
be
located at the
end
of the staff
report.
Mr. Wilshaw: I do see it in our packet. Thank you. Just for the audience's
benefit, who may be reading this or seeing it online or whatever,
we did at our study meeting go through an exhaustive review of
each of these changes at our study meeting and really appreciate
that detail. We have had an opportunity now for the past week
between the study meeting and now to further review these
changes. Is there any questions from the commissioners for our
planning staff?
Ms. Smiley: Not a question. More of a comment. This must have taken a
great deal of effort and experience to make these changes and I
appreciate them being done. Thank you.
Mr. Taormina: It was interesting because between the Planning, Inspection and
Law Departments, in the real -world application of the new
ordinance, we began discovering several defects and omissions.
There was constant correspondence back and forth between the
departments. Where is this? Why is it missing? And what should
we do to fix it? So, over the course of the last six months, we
have been logging all of these item which aided signficantly in
drafting the changes.
Ms. Smiley: Thank you.
Mr. Wilshaw: Thank you, Ms. Smiley. That is a great point. This zoning
ordinance is over 200 pages. It was almost a clean sheet rewrite
from scratch over a period of many many months reviewed by
many departments. At some point, when you are looking at all
these words you end up getting cross-eyed or you get sort of
tunnel vision. It is not easy to see everything clearly, so it is good
that this process is happening to constantly review and modify.
That is the intent of this new zoning ordinance to be flexible and
I think this is a great example of that. Any other comments or
questions from anybody? This is a public hearing. There is no
one else in the audience to speak to this, so I will not look for
anybody to come forward. If there is no other comments or
February 22, 2022
30432
questions from anyone, I will close the public hearing and ask for
a motion.
On a motion by Long, seconded by Caramagno, and unanimously adopted, it was
#02-15-2022 RESOLVED, That pursuant to a Public Hearing having been held
by the City Planning Commission on February 22, 2022, on
Petition 2022-01-06-01 submitted by the City of Livonia Planning
Commission on its own motion pursuant to Section 13.15 of the
Livonia Vision 21 Zoning Ordinance, as amended, and in
accordance with Public Act 110 of 2006 (Michigan Zoning
Enabling Act), as amended, to consider multiple revisions to the
LIVONIA VISION 21 Zoning Ordinance in order to correct certain
defects, add and delete provisions, and provide clarification to
others, the Planning Commission does hereby recommend to the
City Council that Petition 2022-01-06-01 be approved for the
following reasons:
1. That the proposed language amendments are needed to
correct certain errors and omissions that were overlooked
with the adoption of the original Livonia Vision 21 Zoning
Ordinance.
2. That the proposed amendments add and delete certain
provisions in a way that will serve to improve the
effectiveness of the City's land use regulations.
3. That the proposed amendments will serve to further the
implementation of the goals and objectives of the Livonia
Vision 21 Master Plan and are in the best interests of the
community as a whole.
4. That the proposed amendments to are in full compliance
with the requirements of the Livonia Vision 21 Zoning
Ordinance and the Michigan Zoning Enabling Act, P.A. 110
of 2006, 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 1,183rd Public Hearings and
Regular Meeting
Or.
Caramagno, Secretary, announced the next item on the agenda, Approval of
the Minutes of the 1,183dPublic Hearing and Regular Meeting
held on February 8, 2022.
February 22, 2022
30433
On a motion by Long, seconded by McCue , and unanimously adopted, it was
#02-16=2022 RESOLVED, That the Minutes of 1,183Public Hearings and
Regular Meeting held by the Planning Commission on February
8, 2022, are hereby approved.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Bongero, Long, McCue, Smiley, Caramagno,
Wilshaw
NAYS: None
ABSENT: Ventura
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 1,184th Public
Hearings and Regular Meeting held on February 22, 2022,as adjourned at 7:46
p.m. 7 7
CITY PL/XNNING COMMISSION
Sam
ATTEST:
Ian Wilshaw, Chairman
Secretary