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HomeMy WebLinkAbout1,205 - October 17, 2023 signedMINUTES OF THE 1,205th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 17, 2023, the City Planning Commission of the City of Livonia held its 1,205th Public Hearing and Regular Meetings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. ]an Wilshaw, Chairman, called the meeting to order at 7 p.m. Members present: Wafa Dinaro David Bongero Sam Caramagno Glen Long Peter Ventura Ian Wilshaw Members absent: None Mr. Scott Miller, Planner IV, Jacob Uhazie, Planning & Economic Development Coordinator, 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 2023-09-01-05 Matick Construction Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2023- 09-01-05 submitted by Matick Construction L.L.C. under Sections 13.13 and 13.15 of the Livonia Zoning Ordinance, as amended, requesting to rezone the property at 37739 Seven Mile Road, located on the south side of Seven Mile Road between Blue Skies Drive and Glengarry Drive in the Northeast'/4 of Section 7, from N2 (Neighborhood) to C-1 (Local Business). October 17, 2023 31163 Mr. Miller: This parcel measures 80 feet along Seven Mile Road by a depth of 150 feet and is therefore 12,000 square feet in size. It currently contains a residential house and an in -ground pool. The change of zoning would facilitate the development of an office building. To the west is an office building occupied by a Farmers Insurance Agency that is zoned C-1. To the east and south are residential homes zoned N2 and to the north across Seven Mile Road, is vacant property that is zoned RUF. The existing house and pool would be removed as part of the redevelopment. The preliminary site plan shows a 2,600 square foot building on the west half of the site and a parking lot on the east half. Access to the site would be by a single drive off a Seven -Mile Road. General office is considered a permitted use in C-1 zoning. If this rezoning is approved, the development of this office building would be required to go through the site plan approval process. That is the extent of this petition. Mr. Wilshaw: Okay, thank you, Mr. Miller. Is there any correspondence from departments? Mr. Uhazie: Yes. The first item is from the Engineering Division, dated September 18, 2023, 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 but would like to note the following items: 1. The subject parcel is assigned the address of #37739 Seven Mile Road. Once drawings have been submitted for permits, the Engineering Department will assign additional addresses if needed. 2. The legal description included with the submitted drawings appears to be correct and should be used in conjunction with this project should the rezoning be approved. 3. The existing parcel is currently serviced by public sanitary sewer, water main and storm sewer. The submitted drawings do not include any information regarding proposed services to the buildings, but we do not believe there will be any negative impacts to the system with the proposed usages. 4. The proposed development will be required to meet the Wayne County Stormwater Ordinance. The submitted drawings do not indicate any storm sewer information, but the developer will need to obtain storm sewer permits through the Wayne County Department of Public Service prior to construction. 5. Any work within the Seven Mile Road right-of-way will require permitting through Wayne County." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Finance Department, dated September 20, 2023, which reads as follows: "I have reviewed the addresses connected with the above noted petition. The following amounts are due to the City of Livonia: $895.12 Unpaid Water and Sewer October 17, 2023 31164 charges" The letter is signed by Connie Kumpula, Chief Accountant. This has been paid on September 25, 2023. It has been resolved. The next letter is from the Treasurer's Department, dated October 1, 2023, 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, and they are delinquent. ALL taxes for this location that are on the 2023 tax roll will need to be paid before the demolition of the building."The letter is signed by Lynda Scheel, Treasurer. There has been an update to that, and the taxes were paid on October 3, 2023. That is it. Mr. Wilshaw: Okay, are there any questions from any of our commissioners for our planning staff? I don't see any questions from commissioners. Is our petitioner in the audience? Please come forward to the podium. We'll ask that you start with your name and address for the record. Justin DiNatale, 37739 Seven Mile Road, Livonia, MI. Mr. Wilshaw: Thank you for coming tonight. I do want to remind both the petitioner and my fellow commissioners that this is a rezoning request, and the primary focus tonight should be on zoning issues. Although I do know you've submitted some preliminary conceptual building layouts and stuff like that to us as well. So, I just want to acknowledge that. Mr. DiNatale: Yes, correct. The architect is actually here tonight if you have any questions. Mr. Wilshaw: Okay. Great. Thank you. What else would you like to tell us about your petition that you haven't already heard from our planning staff? Mr. DiNatale: Nothing other than what we talked about in the study meeting. mean, we're just a growing commercial general contractor here in Livonia. Born and raised in Livonia and want to continue to grow within Livonia. Right now, we have a shop on Amrhein Road. All commercial construction activities, including our trades or commercial vehicles, and any construction related activities are going to remain at the Amrhein Road location. The purpose of this property, that we wish to rezone, is to house our sales and marketing and executives, which will not be driving commercial vehicles and will only be doing office type related activities. It'll simply be maintained as an office building and I did review the conditional rezoning verbiage that was sent to me by Mark October 17, 2023 31165 Taormina, and we are completely flexible and willing to accept the conditional rezoning. Mr. Wilshaw: Okay. And just for everyone's benefit, the discussion around conditional zoning was brought up in relation to this user having this particular zoning for the property, and if this user was to perhaps move to a bigger office or need to relocate or whatever, what would happen to this property if you were to leave and what you're proposing is to offer a voluntary conditional letter saying that this zoning would be tied to your use of this property and that if you were to leave this property, then the zoning could revert back to its former condition. So, I just wanted to acknowledge that, so thank you. If there's any questions from any of our commissioners for the petitioner? Ms. Dinaro. Ms. Dinaro: Justin, what's the timing on the demolition of the vacant house that's there? Mr. DiNatale: So, I know that the City of Livonia... it was voted that the current owner, which is Miss Loring, would have to demo the property within 60 days, otherwise there'd be a lien on the property. Matick construction submitted a bid to the City of Livonia for the demolition of the property, which we have not heard back on, but we are going to demo it as soon as, you know, basically, our purchase agreement is contingent on the rezoning of the property at the moment. So, if the property is clear to rezone, we plan on demolition immediately. We've already got all the crew in place to do such. Ms. Dinaro: Great. Mr. Wilshaw: Thank you, Ms. Dinaro. Any other questions for the petitioner? Mr. Bongero. Mr. Bongero: I think at the study meeting, you said you did speak with the neighbors. Mr. DiNatale: Yes. Mr. Bongero: And they're in favor? Mr. DiNatale: Yeah. I actually grew up in the neighborhood. Yeah, and everyone's excited to see the blight that exists there today go away, at least the people I spoke to. Mr. Bongero: Okay. That's all. Thank you. October 17, 2023 31166 Mr. Wilshaw: All right. Any other questions from any of our commissioners? Mr. Caramagno. Mr. Caramagno: I know when we spoke about the rezoning of this property, there was some question about what would be required as a barrier around this property. Would there be a vinyl fence or a concrete wall? What have we found out about that? And would that be part of the agreement going forward? Mr. DiNatale: Yeah, I think we prefer to do a vinyl fence rather than any other material just in terms of aesthetics being that it backs up to a neighborhood. And then we're, I think that's, that's something that would go through the planning review when we submit our plans for the property, but we're flexible. You know, we don't have any hard stops on facade requirements, the fencing, etc. So, we're willing to accommodate city of love on his request. But right now, our plan is for a vinyl fence. Mr. Caramagno: Okay, Mr. Chairman, for the planning commissioners, is that a requirement when you put a commercial property next to residential, you have to have some sort of barrier? Mr. Miller: Right, right. You have to have a protective wall, greenbelt, or in this case, you could do a fence if that's what the neighbors want. Mr. Caramagno: Does that choice lie with the developer or the builder, or is that a ... is that a choice that is understood between the two parties? Mr. Miller: That is up to you guys too during site plan approval. If you guys approve a fence. Mr. Caramagno: Okay. Thank you. So that's the next step. Thank you. Mr. DiNatale: And there is fencing that exists there today. But it's all different types of materials. There is metal and vinyl and wood, thank you. Mr. Wilshaw: Thank you, Mr. Caramagno. Any other questions for our petitioner? I don't see any other questions. Anything else that you'd like to state before we move to our audience members? Mr. DiNatale: No. Okay. Thank you. Mr. Wilshaw: Alright. Just take a seat for a moment. We'll see if there's anyone in our audience wishing to speak for or against this petition. You're welcome to come forward and give your thoughts. We do have one person in the audience coming forward at this time. Good evening, sir. October 17, 2023 31167 Tim Orow, 19069 Glengarry, Livonia, MI. I live right behind the house. Right on the corner of Glengarry and Seven Mile. Sorry, you never talked to us? So, I'm not sure what neighbors... Mr. Wilshaw: Sir, if you could please talk to us. Mr. Crow: I never had a conversation with this person. All I saw was a sign outside the property saying it was going to be rezoned. I know absolutely nothing about what is planned for the property, what it would look like. I mean, I had to face that current resident's home for years, and it's always looked like that, and then they took the roof off. But, you know, we were happy to see that it was going to get demolished. So, my concerns are I just don't know what really is planned. Nothing was discussed with us. I don't know what neighbors were consulted about future plans. Mr. Wilshaw: Okay. What is your thought on what you've heard so far today? Obviously, you're still learning, but what's your opinion in terms of the rezoning and development of this property. Mr. Crow: There is already a commercial building next door to that. I'm not sure what other options are for that property other than leaving it vacant, which causes other issues. I'm not totally against it. I just... since I backup to it, it would be nice to know what it would look like. Things like that and understand the usage. That's not an issue. It's just not a very wide site, so I don't know how that would get laid out, as far as what is the traffic going to look like. Just, you know, the aesthetics. Mr. Wilshaw: Sure. Okay, well, let me at least explain, we do have some conceptual ideas of what the... how the property is going to be laid out, the petitioner may be able to give you some of that, so that you can see it. In fact, I think he's handing it to you right now. But for what it's worth, just so you know how this process works, we're in the zoning process right now to rezone the property from its current residential zoning to this commercial use, which also includes office use. We don't have a separate zoning for office at this point. So that's why their intention is to use it as an office not as a commercial building, if you want to consider it that way. But what we're going to do is make a decision today on the zoning part of the process. Once that happens, then he has to go to the City Council. City Council has to approve that zoning as well and then he's going to come back to us in a separate process called the site plan. And that's where we really get into the nitty gritty of what the building is going to look like, how it's gonna be laid out, the materials, the parking lot, the fencing, all those types of October 17, 2023 31168 things. So that's the second part. That's the second half of this process, if you will. So, you do have another chance, for what it's worth, to come back and watch that process as well and give your input. So, I just want to share that with you. Mr. Orow: Yeah and as I said, I'm not opposed. Just surprised. Mr. Wilshaw: You just want to learn more about it, too. Mr. Orow: Yeah, it does affect us in some regards, especially being close proximity. Definitely understand any, obviously, anything is an improvement. Mr. Wilshaw: Well, thank you. Mr. Wilshaw: Thank you for your comments, sir. Anyone else in the audience wishing to speak on this item? either for or against? If not, the petitioner certainly has a chance to make a last comment if he wants to. I think he's already had a chance to make comments. Is there anything else you wanted to add? Mr. DiNatale: No, but again, we're very flexible. Very flexible, and, you know, happy to give out my information and discuss offline as well. The neighbors that I spoke to received this piece of paper with a description of what we're looking to do and the picture of the rendering. Mr. Wilshaw: Okay, great. And I appreciate you providing that to this particular resident who obviously didn't get that. So that's good. Mr. DiNatale: Thank you. Mr. Wilshaw: Thank you. All right. If there's no other comments, I can close the public hearing and a motion would be an order from the Commission. On a motion by Bongero, seconded by Dinara, and unanimously adopted, it was #10-60-2023 RESOLVED, That the City Planning Commission does hereby recommend to the City Council that Petition 2023-09-01-05 submitted by Matick Construction L.L.C. under Sections 13.13 and 13.15 of the Livonia Zoning Ordinance, as amended, requesting to rezone the property at 37739 Seven Mile Road, located on the south side of Seven Mile Road between Blue Skies Drive and Glengarry Drive in the Northeast ''Y4 of Section 7, from N2 (Neighborhood) to C-1 (Local Business)., be approved subject to the following conditions: October 17, 2023 31169 1. The Petitioner has agreed to voluntarily offer a conditional zoning agreement under MCL 125.3405 of the Michigan Zoning Enabling Act, Act 110 of 2006, which will include a statement of conditions that will limit the use of the property for general office purposes only. 2. Changing the zoning of the property to C-1, Local Business, and restricting the use to a general office is appropriate given the unique circumstances of this property, including its size and location. 3. Development of the site consistent with the conceptual plan presented by the Petitioner would be compatible with the surrounding neighborhood and an enhancement. 4. The proposed zoning change represents a reasonable and logical plan for the subject property that adheres to sound land use planning principles. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 and 13.15 of the Livonia Zoning Ordinance, 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 2023-08-02-12 C & M Corporation Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2023- 08-02-12 submitted by C and M Corporation, requesting approval of all plans required by Sections 3.11, 5.01 and 13.13 of the Livonia Zoning Ordinance, as amended, to construct a multi - tenant retail building with a drive -up window at 29150 Five Mile Road, located on the north side of Five Mile Road between Harrison Avenue and Middlebelt Road in the Southwest '% of Section 13. Mr. Miller: This site measures 100 feet along Five Mile Road by a depth of approximately 220 feet along Cavour Avenue. It is zoned C-2 (General Business). This is the former site of the Wright's Hardware store. Wright's Hardware closed in 2022 and was demolished earlier this year. The site, with the exception of a concrete parking pad, is currently vacant. The subject site abuts October 17, 2023 31170 a shopping center to the east. The subject site and the adjacent shopping center are owned by the same owner. The plan shows a one-story commercial building, approximately 5,110 square feet in gross floor area. The building would be positioned approximately in the middle of the site and would appear to be an extension of the adjacent shopping center. Parking would be located in the north and south sides of the building. The floorplan shows that the building would be divided up into three units. A drive-thru window is planned along the west side of the building. Access to the site would be by two driveways off the side street, Cavour Avenue. The service lane for the drive -up window runs along the west side of the proposed building. The required parking for a building of this size would be 27 parking spaces. The site plan shows 30 parking spaces. As for landscaping, this site is unique in that it borders three streets, Five Mile to the south, Cavour to the west and Lancaster Drive to the north. Landscaping along those street frontages is required. The building would be constructed out of brick and limestone. It would have an architectural stepped parapet wall. and E.I.F.S crown molding along the top of the roofline. It would also have structural canopies over the windows and doors. A dumpster location is shown in the northeast corner of the property. All light standards would be 20 feet in height. And that is the extent of the proposal. Mr. Wilshaw: Thank you, Mr. Miller. Is there correspondence? Mr. Uhazie: The first item is from the Engineering Division, dated September 11, 2023, 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 but would like to note the following items: 1. The subject parcel is assigned the address of #29150 Five Mile Road. Once drawings have been submitted for permits, the Engineering Department will assign additional addresses if needed. 2. The legal description included with the submitted drawings appears to be correct and should be used in conjunction with this project should the waiver use be approved. 3. The existing parcel is currently serviced by public sanitary sewer, water main and storm sewer. The submitted drawings do not include any information regarding proposed services to the buildings, but we do not believe there will be any negative impacts to the system with the proposed usages. 4. The proposed layout indicates that the existing parking spaces within the Cavour Avenue right-of-way are to remain, which is not allowed. No parking will be allowed within the abutting rights -of -way. 5. The proposed drive aisles in the parking area to the rear of the building do not line up with the existing plaza to the east. The October 17, 2023 31171 proposed construction shows a 34' wide drive aisle, while the existing drive aisle to the east is the standard 22' wide. It would be preferred to have the parking areas and drive aisles match, as long as there is not an underlying reason for the additional drive width. Also, the existing masonry wall should be removed entirely, not just a 20 wide pass -through, so as to create better sight lines when traversing the parking lot. 6. The submitted drawings do not indicate any storm sewer information, but the proposed development will be required to meet the Wayne County Stormwater Ordinance. The developer will need to obtain storm sewer permits through the Wayne County Department of Public Service prior to construction. 7. No construction or soil disturbance (including dumping of materials) should occur on the site until the owner obtains the appropriate permits. (Engineering Earthwork, SESC, etc.) 8. Any work within the Five Mile Road right-of-way will require permitting through Wayne County." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated September 21, 2023, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a commercial building on property located at the above referenced address. We have no objections to this proposal. A further detailed plan review will take place when this division receives an official plan set." The letter is signed by Brian Kukla, Fire Marshal. The next letter is from the Division of Police, dated August 31, 2023, 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 Paul Walters, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated October 2, 2023, which reads as follows: " Pursuant to your request, the above -referenced Petition has been reviewed. 1. Parking spaces shall be 10' wide by 20' deep and double striped. 2. Two barrier -free parking spaces are required based on the total number of parking spaces provided, which is 30. Barrier -free parking spaces shall be sized and marked in accordance with ANSI A117.1-2009. 3. Signage shall be in accordance with the Livonia Zoning Ordinance or a variance from the Zoning Board of Appeals would be required. 4. No provisions for a dumpster enclosure are shown for this project. The Commission and/or Council may wish to address how trash will be handled on this property. 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 5, 2023, 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 October 17, 2023 31172 Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated September 25, 2023, 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 no taxes due, therefore I have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. That is it. Mr. Wilshaw: All right. Thank you, Mr. Uhazie. Are there any questions of our planning staff? Mr. Bongero. Mr. Bongero: Just one thing for the planning staff. It does show on our site plan that there is a dumpster enclosure. I know Mr. Hanna's correspondence said there wasn't one, but there is one. Mr. Miller: Yes, his letter was received before the plans were revised. Mr. Bongero: Okay. Yeah, I just want to bring that up. Thank you. Mr. Wilshaw: Thank you, Mr. Bongero. Mr. Ventura. Did you have something? Mr. Ventura: Scott, I note in the write up, the last paragraph says the main issues raised the study meeting included the need for professional landscape plan, the overall appearance, and the relationship between the architecture and color scheme of the new building compared to the architecture and colors of the existing building that it will attach to, the potential need for a sidewalk along Cavour and Lancaster streets and the extent and treatment of the parapet on the tower portion of the building. These were all discussed at the study meeting. Has the petitioner revised these and been addressed by the petitioner? Mr. Miller: The only thing that the petitioner has changed is the rear parapet wall on the elevation plans. If you look at the new elevation plans, the parapet wall has been raised four feet. That is the only change submitted. Mr. Ventura: So, the balance of these issues are unresolved at this point? Mr. Miller: Correct. Mr. Ventura: Thank you. Thank you, Mr. Chairman. Mr. Wilshaw: Thank you, Mr. Ventura. Mr. Miller, that shows on our plans. I think it says a four -foot metal cap. Is that what you're referring to? October 17, 2023 31173 Mr. Miller: Yes, I think metal cap refers to the four -inch decorative crown molding along the top edge. The parapet wall has been extended four feet. Mr. Wilshaw: Okay, the Dryvit crown is what you're referring to then? Mr. Miller: Yes. Mr. Wilshaw: Okay. I just want to make sure we understood what you're referring to. Any other questions for our planning staff? If not, our petitioner is in the audience. Feel free to come forward to the podium. Introduce yourself name and address. Good evening. You can set those there and then we can have our cameras and our crack hammer team can get those on TV as well, you can put them on the floor. That'll work. That's fine. Perfect. Thank you. That way we can see that on our TV screen as well. Yeah. All right. Thank you. Alex Ralchouni, MA Design, 5710 Rouge Circle, Dearborn Heights, MI. How are you doing? Hope everybody's good tonight. I am representing Gus and Constantino Mareskas. They're the owners of the plaza to the east. That's existing right now. And we're proposing a new development, a new plaza, three units, about 5,110 square feet, as Scott said. Right to the west, on the vacant property that's there right now. Maybe I can get into the questions that was brought up and some of the questions that were brought up, and then maybe I can answer what I did revise to the planning department. I Mr. Wilshaw: I think that'd be a good start, and then we can take questions after that. Mr. Ralchouni: So yeah, as far as the dumpsters, as you can see on the site plan, a dumpster enclosure is provided. As far as the other engineering questions, the wall that's dividing the east property to the west property in the back, that was taken out prior on revision number two, and you know, and then the sidewalk, I did make a phone call to I think it was Todd from the Engineering Department. I spoke to him, and he said, it's not required, and I emphasized you sure? Are you going to talk to the planning, and he said, if anything, if I did change my mind or anything like that, I'll make sure I send an email or call you back. He was sure of himself that a sidewalk is not required on Cavour, and you can speak to Todd from Engineering. Okay. As far as some of the other items that were brought up about the elevations, that the elevation that I did, revise, and I sent an email to Mark and Scott was the building is what was the building that I drew is existing is the same building October 17, 2023 31174 that I drew from the plans that you have. The only thing that I'm trying to show Mark and trying to express my idea and my thought was that the parapet wall is high already on the drawing, I got a 20-foot-high wall. I mean, there is a pretty high wall already. I was trying to show him the line of where the roof line is. It is 16 feet, that's where the metal deck is, and the parapet wall carries four feet higher than that. So that's already within the building, look in the building design, the screen is there. They'll just be screening, anything that's behind that, that four -foot barrier. And it's not changing none of the designs that I already created on the drawings that you have and the drawings, you know, I haven't changed anything. As far as that I just showed the line of where the roofline is. As far as the crown and how it carries through the side, it's still going to look like something close to the rendering, but I did revise that and I showed on the rear elevation, the crown, how it's shaped and how it's cut off at the back of the eight -inch block wall, if you look at the rear elevation. I hope you can understand it. If you need more explanation, I'll try to show it to you visually, with the drawings that I have. Other than that, if there's any other questions that you want to bring up or anything like that, the owners I know are happy to try to build something right there to try to make that area more viable, especially with the plaza that they have to the east. And they wanted to accomplish something where it's more of a modern look, and something up to date. And they were happy with the design and we're hoping that you're happy with that design. And I think it'll, it'll be a viable thing for them to bring in tenants and, and to bring more traffic to that area. Mr. Wilshaw: All right. Thank you for your presentation. Let's see if we have any questions from any of our commissioners for you. Is there any questions? Mr. Bongero. Mr. Bongero: The telephone poles. What's going on with those? I know the one is right in the middle of the building envelope. So obviously that's going to be moved. But yeah, it doesn't even look like you're getting electric electrical from those poles. Looks like it's going... Mr. Ralchouni: Yeah, we're gonna have to reroute that electric post and I think there's that one. Yeah, please, you can answer probably that a little bit better. Mr. Wilshaw: Just introduce yourself. Constantine Mareskas, VP of Real Estate for C & M Corporation, 2045 Amboy, Dearborn Heights, MI. So, with the electrical poles I talked to DTE already. That electrical actually does not supply the building October 17, 2023 31175 that we're looking to do. Once we have the site plan approved, we can petition DTE to remove the electrical and reroute it. Mr. Bongero: Okay. I did have another question. It might go to Scott but on the existing building that you're attaching to. And let me talk about the new one. The roof top equipment, we don't see anything on it, we're assuming that new parapet forefoot extension is going to cover it, or most of it right? Mr. Ralchouni: Yeah, yeah. So, what I was just trying to say is, the building has, you know, the building back wall sidewalls, the sidewalls are even higher than the back wall. You know, and I think they're level all the way around, except for the where the front crown is protruding a little bit upwards more. So, the rest of it's all level, what I'm trying to say is that if the roof, the roof ladders, up to up to here, were right above that line. Mr. Bongero: Yeah, I understand that parapet extends up that. Mr. Ralchouni: So, it's going to be part of the building. So you're not going to... Mr. Bongero: I get that. I totally follow that. On the one that it's attaching to, all those rooftop units that serve that building are just roof mounted. They're fully exposed. Are you... is there any intention, or is there any requirement, going to Scott possibly, that those would have to be screened? Or is that something that just slipped through the cracks through the years? Mr. Miller: I believe so. I mean, it would be hard to just come out of the blue and say, cover those? I mean, I guess. I think they are planning on eventually redoing that center. Mr. Bongero: I guess that's my question. Is there? Are there plans for future improvements on the existing building? Mr. Ralchouni: On the existing building? Well, that's something maybe he can answer. Mr. Mareskas: So, we are looking at that right now. We're kind of focused... we have... this is step one of what we're looking to do is this new center. We wanted something more modern. Something more open. That's been a big negative from any showings we've done or any other tenants, we've tried to contract, especially larger tenants, or more established tenants. So, we wanted to have more of a modern look with this. Step two, as was mentioned, I believe Mr. Ventura mentioned it, was that there's a parking issue that we have in the back. That's going to be resolved with another October 17, 2023 31176 parcel that we have further east of that behind these strip malls, which is going to be the next development we're focusing on and then we want the middle to all come together eventually. I don't have a exact timeline on that. Mr. Bongero Yeah. But and I'm not asking it to be done. I'm just saying, I don't know how that got missed, because it's literally there, right on the roof. Mr. Mareskas: That was prior to my time working there. So, my dad might be able to answer that, but... Mr. Bongero: It's okay. I understand. Okay. Thank you. Mr. Wilshaw: Thank you, Mr. Bongero. Any other questions for our petitioner? Mr. Wilshaw: Mr. Ventura. Mr. Ventura: The other questions I asked at the study session revolved around redoing the site plan and landscaping as Mr. Taormina requested. I don't see any movement on that in your case. Mr. Ralchouni: So yeah, the landscaping plan. I mean, we answered all the questions regarding the number of plants and all that the only question was about the species. So, the species of the... so the kind of tree or the kind of shrub that we're going to be using. So yeah, I'm gonna be hiring a landscape architect. I just... in one week I couldn't really get a hold of one that quick and get them going. But eventually, yeah, if you can approve it, contingent upon having a landscape architect, we would appreciate that. But one will be hired. Mr. Ventura: So, you're planning on doing it? Mr. Ralchouni: Oh, for sure. Mr. Ventura: Thank you. The other question was that the Mexican restaurant appears to be stopped. In terms of completing the construction. The windows are papered over and the paper is falling down and is... it looks like it's been there for quite a long time. Can you give us an idea of when that when you anticipate that to be complete? Mr. Mareskas: So that's at the other property, right? It's a third property from my knowledge, it has not stopped. They've only been under construction for two months and are actually working remarkably fast for a restaurant. I have not been told anything about them being stopped. I know they were doing a lot of inside work as far October 17, 2023 31177 as building the counters. I have not heard of anything being stopped. I met with him last week and he had not mentioned that they were stopped. Mr. Ventura: So, you anticipate that to be completed in the relatively near future? Mr. Mareskas: I last ... when I spoke to him last week, he was hoping by the end of the month he would open. I haven't heard anything to convince me otherwise, if anything, two months tops, but to do a restaurant build out in there in two months, it's quite... he's working quite quickly. Mr. Ventura: There's a lot of detail. Okay. Thank you. Thank you, Chairman. Mr. Wilshaw: Thank you, Mr. Ventura. And any other questions for petitioner? Mr. Caramagno. Mr. Caramagno: I got a couple of questions, couple concerns. The sidewalk is a concern of mine, especially if there's going to be a drive thru on the western side of this property. I know there is a big apartment complex behind there to the north. I'm sure there's a lot of foot traffic that comes through there up and down to Five Mile Road, and I would envision them probably walking through that parking lot, in some ways. So, sidewalks are going to be an issue for me. The dumpster location is also an issue with me at this point. I don't think there's enough room. I don't know what that measurement looks like, exactly, but visually at this point, that dumpster location is far too tight for a truck to service the dumpster at the way it sits now. Have you looked at it and measured it to see what's gonna be required? Mr. Ralchouni: I mean, usually, I don't like to put the dumpster closer to the street, where it's visible. So that's why I put it more on the inside of the property. But another suggestion, and the owner really would like this. But I drew it in there, because that was required by the Planning Department. He would like to utilize the dumpster that he has next door and have a shared dumpster. Even if he had to enlarge it. He would like to keep the dumpster for the whole center in one spot. I don't know if that's something you would want or you would be in favor of. Mr. Caramagno: If there's a dumpster required for this property, I think it's probably logical that it be there. What I'm saying is the location of this is a terrible location, the way it sits here, and I realize you don't want it by the street but putting it in a location that cannot be serviced properly doesn't help anybody. It creates more problems than it October 17, 2023 31178 is woth. So that's my second concern. And I have a question for you about the drive thru. You started telling us a little bit about that last time, what exactly the drive thru what your vision or thought is for the drive thru? Tell us a little more about that. Mr. Ralchouni: Yeah, as far as the tenants and what he's looking for, I guess you could probably answer that a little bit more. Mr. Mareskas: So, with the drive thru, we were just kind of taking a look at what could... up until we purchased this property and had demolished Wright's Hardware, we had a hard time filling the property. Part of that was Wrights Hardware was jettison out, and it was blocking visibility, which was another complaint we had heard from a lot of tenants that were looking at the property. We're trying to figure out a way to maximize the potential of the property and one of the things that we came up with was a drive-thru. There is no drive-thru on that side of Five Mile. I think that's our opportunity to get some type of drugstore anchor, we're not really looking ideally for any type of fast-food type place. We're either looking for more of a pickup window or some type of drugstore. I had conversations with someone who...I think I mentioned this at the study meeting about a drive thru flower shop, something just to spur a little bit more foot traffic into the property. Something to be a little bit more of an anchor and cap for the property. Mr. Caramagno: Okay, so when you when you say drugstore, for pharmaceuticals and things like that, or a flower shop. I understand that that's unique, but what is the order board for that is behind here? Or what, are you going to order Viagra and Oxycodone? Mr. Mareskas: That was just something...I want to leave it as open as possible to any type of concept that can come through. So, we just put that into the plan because if it is someone who is doing some type of food service, we want to have that opportunity. Ideally, we think we can facilitate that opportunity. Mr. Caramagno: So, you're pushing it towards a flower shop or a pharmacy, but you put this in there just case? Mr. Marskas: To be honest, I'm trying to market this as wide as I possibly can. I would like to ideally try to fill the property as fast as possible upon building it. I have my preferences, but if like outside if a coffee shop does come in, they would need some type of order board. I would like to be able to facilitate that and market it towards that as well. Mr. Caramagno: Okay, thank you. October 17, 2023 31179 Mr. Wilshaw: Thank you, Mr. Caramagno. Any other questions for our petitioner? Mr. Wilshaw: I think we've covered all our questions that we have. Is there anyone in the audience wishing to speak on this item? I don't believe so. Is there anything else that you guys would like to say before we make our decision? Mr. Ralchouni: I mean, if you have big concerns about that dumpster enclosure you could try...I mean, if you have... if you can suggest anything where you would like that dumpster, we can place it anywhere that you... that's what's in favor for you know, for the commissioners, Mr. Caramagno: I understand, I don't want... Mr. Ralchouni: I tried to put it away from the sight of the public that are driving up and down the street. If you want to put it on the opposite side toward the building, I think maybe that's a better idea. That will be even away from the people that are in the back, but it's going to be buffered with landscape anyways and we can buffer it more all the way around the screen wall with more landscaping. When I hire a landscape architect, IT make sure he buffers it with arborvitae or whatever he suggests. Mr. Caramagno: Yeah, I'm less interested in my buffering at this point, and I certainly don't want to use this meeting to redesign the land. I think there's a lot of shortcomings here, what you presented tonight, and I think there's probably something better out there. So that's my opinion. Mr. Wilshaw: All right. I think we can work on that as we go forward with this. Thank you. If there's nothing else from the commission or the petitioner, then I can close the public hearing and a motion would be an order. On a motion by Caramagno, seconded by Ventura, and adopted, it was: #10-61-2023 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on October 17, 2023, on Petition 2023-08-02-12 submitted by C and M Corporation, requesting approval of all plans required by Sections 3.11, 5.01 and 13.13 of the Livonia Zoning Ordinance, as amended, to construct a multi -tenant retail building with a drive -up window at 29150 Five Mile Road, located on the north side of Five Mile Road between Harrison Avenue and Middlebelt Road in the Southwest October 17, 2023 31180 %of Section 13, the Planning Commission does hereby table this item to a date undetermined. Mr. Wilshaw: There is no discussion on tabling motions. A roll call vote on the foregoing resolution resulted in the following: AYES: Dinaro, Bongero, Ventura, Caramagno, Wilshaw NAYS: Long ABSENT: None ABSTAIN: None Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #3 PETITION 2023-09-08-07 Bad's Estates Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2023- 09-08-07 submitted by Soave Homes requesting approval of the Master Deed, Bylaws, and site plan under Section 7.27 of the Livonia Zoning Ordinance, as amended, to develop a site condominium (Baci's Estates) consisting of five (5) single-family homes on the properties at 36143, 36155 and 36167 Parkdale Avenue, located on the south side of Parkdale Avenue between Arthur Avenue and Levan Road in the Northeast 'Y4 of Section 32. Mr. Miller: Currently the subject site consists of three parcels. All three parcels are undeveloped. The zoning of all three parcels is N1 (Neighborhood), which requires a minimum lot area of 6,000 square feet with lot dimensions of 50 feet in width by 120 feet in depth. The subject site is surrounded by single-family residential homes. The site plan shows five new homes. Units two through five are similar in size and measure 52 feet wide by 120 feet in depth for a total lot area of 6,214 feet. Unit one, which is the westernmost unit on the corner of Parkdale and Levan, is slightly larger measuring 60. 91 feet in width by 120 feet in depth for a total lot area 7,309 feet. That is the extent of this petition. Mr. Wilshaw: Alright, thank you, Mr. Miller. Do we have correspondence on this item? Mr. Uhazie: Yes. The first item is from the Engineering Division, dated September 19, 2023, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the October 17, 2023 31181 proposed project at this time but would like to note the following items: 1. The subject parcels are assigned the addresses of #36143, #36155 and #36167 Parkdale Avenue. Once the development has been approved and permitsare issued, the Engineering Department will assign addresses to the individual units. 2. The legal descriptions included with the submitted drawings appear to be correct with the exception of the description for the westerly parcel (125-99-0005-005, #16167 Parkdale) which excludes the west 33 feet for Levan Road right-of-way. As of this time, the roadway right-of-way has not been dedicated to the City and should be considered part of the parcel. If the descriptions are meant to convey the legal descriptions once the condominium has been developed, there should be one overall description for the entire condominium parcel, and not 3 separate descriptions. 3. The existing parcel is currently serviced by the public water main, and public storm sewer will be extended to the site by the City. Public sanitary sewer is located on the neighboring parcel to the southeast, but the developer will need to obtain additional easements from those property owners to extend the sanitary to the condominium property as shown. The width of the existing easements does not meet the current minimum standards, and the proposed angle of the sanitary extension will require additional easements to be dedicated to allow for future maintenance. We do not believe the additional flows from the development will negatively impact the existing systems. 4. The Owner and his Engineer have been in contact with this department on requirements for the proposed development, and review comments of the first plan submittal have been provided to the owner/engineer. 5. The proposed development will be required to meet the Wayne County Stormwater Ordinance. Per the submitted drawings, stormwater calculations and detention are not shown on the submitted drawings. 6. Per the proposed layouts, all storm sewers, including detention basins, will be privately- owned. Sanitary sewer and water main will be public, located within dedicated easements on the site or in the existing right-of-way. Easements will need to be of minimum width as required in the Engineering Department Site Plan Design Standards. 7. No additional construction or soil disturbance (including dumping of materials) should occur on the site until the owner obtains the appropriate permits. (Engineering Earthwork, SESC, etc.) 8. The Master Deed and Bylaws that were submitted do not include the referenced Exhibit (or Form) 'B" drawings as referenced in the Master Deed. As those drawings define the October 17, 2023 31182 size and locations of proposed easements, we are not able to review those items at this time. The permit drawings do show proposed easement locations, and we have previously returned comments on those to the Owner/Engineer"The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated September 21, 2023, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a commercial building on property located at the above referenced address. We have no objections to this proposal. Thank you for the details on fire hydrant placement. A further detailed plan review will take place when this division receives an official plan set." The letter is signed by Brian Kukla, Fire Marshal. The next letter is from the Division of Police, dated October 5, 2023, 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 Paul Walters, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated October 9, 2023, 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 September 20, 2023, 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 October 2, 2023, which reads as follows: "In accordance with your request the Treasurer's Office has reviewed the address connected with the above noted petition. At this time, there are no outstanding amounts receivable for taxes. Therefore, I have no objections to the proposal."The letter is signed by Lynda Scheel, Treasurer. That is the extent of the correspondence. Mr. Wilshaw: That was a lotto read. Thank you for that. Are there any questions of our planning staff? Mr. Bongero: Scott, do we know how far apart the home spacing is? Mr. Miller: They are showing a seven feet setback, so about 14 feet between houses. Mr. Bongero: But is that... that's kind of confusing because it seems...I mean, I guess each lot is 6,200 square feet, right? October 17, 2023 31183 Mr. Miller: Right. Mr. Bongero: So, they're going to be 14 feet. Each house would be 14 feet apart. Mr. Miller: Yes. Mr. Bongero: So, it's 14, because the arrows pointing to the building envelope, and I don't know if that's the actual building or... Mr. Miller: The building envelopes represent where the houses have to be built. Most houses aren't exactly the size of the envelope, but they do define their boundaries. Mr. Bongero: Okay. Thank you. Mr. Wilshaw: Thank you, Mr. Bongero. Any other questions for our planning staff? Mr. Caramagno: This version shows 50-foot-wide lots for the four eastern lots. Were they changed to 52 feet? Mr. Miller: Yes. The revised plan now shows them at 52 feet wide except for the one on the corner which would be approximately 61 feet wide. Mr. Caramagno: Okay, so four at 52 feet and one at almost 61 feet. Mr. Miller: Correct. Mr. Caramagno: Okay. Thank you. Mr. Wilshaw: Thank you, Mr. Caramagno, that's a good question. Are there any other questions for our planning staff? If not, our petitioner's representative, Mr. Duggan, is here. Good evening, sir. Brian Duggan, 14315 Denne, Livonia, Michigan 48154. How are you guys doing tonight? Yes. Mr. Taormina called me, and we worked out a different site plan. He wanted to go to the 52 foot instead of the 50 and shrink down the corner one because we still have plenty of setback. So, the Planning Department is on board as far as I know, and Engineering is on board with all those changes. And I did not go across the street and measure houses because Mark told me not to do that. Mr. Wilshaw: You didn't want to be out there with your wheel? October 17, 2023 31184 Mr. Duggan: Well, I don't problem doing it, but he told me not to. Mr. Wilshaw: Probably not the best idea. All right, good. Well, thank you for providing that updated information. Are there any questions for our planning or for our petitioner? Mr. Ventura: Just for the edification and elucidation for everyone here, I did measure the distance between the houses across the street. And they're 15 and a half feet apart. Not very different than what the petition is proposing. Mr. Wilshaw: So, you used Mr. Duggan's wheel? Mr. Ventura: My laser. Mr. Wilshaw: Wow. Okay. You went up the lasers now. Mr. Duggan: I have my wheel in my car from the spree so I can walk it. Mr. Wilshaw: Alright, well, that's good information. Thank you. Any other questions, comments from any of our commissioners? Mr. Caramagno. Mr. Caramagno: Brian, the pictures, the renderings that you showed of the houses, There, they got a lot of brick on them. Is that only in the front? Or will that be along the sides as well? Mr. Duggan: No, that's only on the front. Mr. Caramagno: It's only on the fronts. What about the sides? Siding top to bottom or what? Mr. Duggan: Yes. Top to bottom at this point. Mr. Caramagno: So, no brick, no brick on the sides at all. Mr. Duggan: That's not what he's doing lately over there at the Dundee property. That's what he's going to do. Mr. Caramagno: Okay. Mr. Wilshaw: Mr. Miller, regarding that subject, I thought that requirement for brick and all four sides used to be part of our ordinance. Is that still in there? October 17, 2023 31185 Mr. Miller: It was not in the ordinance but was typically a condition. Usually something like 80% brick on the first story, and I think 60% brick on the second floor. Mr. Wilshaw: Yeah, that's pretty standard verbiage. Mr. Miller: If you want, that could be added to the approving conditions. Mr. Wilshaw: Okay, so that could be a condition. Okay. Mr. Duggan: We could just do a two -foot belt on the sides and the back and the front brick. That's kind of an attractive look. Mr. Wilshaw: All right. Yeah, certainly. That's all ... you know, more than anybody, Mr. Duggan, the character of homes in this city versus many of the other communities so we, you know, we like our brick. Mr. Duggan: I know you do. I remember Mr. Jonna came he said I'm going to wear a brick suit one day, so... Mr. Wilshaw: I could believe it. All right. Any other questions from any of our commissioners, for our petitioner? I see no other questions. There's no one else in the audience to speak on this item. Is there anything else you'd like to add Mr. Dugan? Mr. Duggan: No, feel free if you want to make some changes. I really want to walk out with your approval on this form. So... Mr. Wilshaw: Okay. All right. Well, let's see what happens when we go back to the commission and see if someone will offer a motion. On a motion by Ventura, seconded by Long, and unanimously adopted, it was #10-62-2023 RESOLVED, That the City Planning Commission does hereby recommend to City Council that Petition 2023-09-08-07 submitted by Soave Homes requesting approval of the Master Deed, Bylaws, and site plan under Section 7.27 of the Livonia Zoning Ordinance, as amended, to develop a site condominium (Baci's Estates) consisting of five (5) single-family homes on the properties at 36143, 36155 and 36167 Parkdale Avenue, located on the south side of Parkdale Avenue between Arthur Avenue and Levan Road in the Northeast'/4 of Section 32, be approved subject to the following conditions: October 17, 2023 31186 1. The Site Plan identified as Sheet 3, dated October 13, 2023, prepared by Arpee/Donnan, Inc., is hereby approved and shall be adhered to. 2. All disturbed lawn areas, including road rights -of -way, shall be sodded in lieu of hydroseeding. 3. Sidewalks shall be provided along Parkdale and Levan as determined by the Engineering Department. 4. The condominium Master Deed and Bylaws comply with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinances, and Section 7.27 of the Livonia Zoning Ordinance, as amended. 5. The petitioner shall include language in the Master Deed and Bylaws that requires the condominium association to reimburse the City of Livonia for any maintenance or repair costs incurred for the stormwater detention/retention and outlet facilities and gives the City the right to impose liens in the event the charges are not paid within thirty (30) days. 6. This site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and the developer shall secure a soil erosion and sedimentation control permit before commencing any grading activities on the site. 7. 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 off -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. 8. 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. 9. 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; and October 17, 2023 31187 10. Pursuant to Section 13.13 of the Livonia Zoning Ordinance, as amended, this approval is valid for a period of one year only from the date of approval by the City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Mr. Wilshaw: Is there any discussion? Mr. Caramagno: I don't remember the houses in the neighborhood. Are they all brick? Do they have brick on the sides? Mr. Wilshaw: Is that question to... anybody know, anybody recall? Mr. Wilshaw: Mr. Miller, do you happen to know? Mr. Miller: I didn't look. Sorry. Mr. Ventura: There was brick on some of them. Mr. Caramagno: Is there siding right to the grass? Mr. Ventura: Yeah. some of them are. Mr. Caramagno: Are they? Okay, well, maybe these match. And then my second question is about the conforming entrance marker in number eight? This is for a condominium, is that what that's for? Mr. Miller: Yes, correct. Mr. Caramagno: Is it required for a five -unit condominium? Is it necessary? Mr. Miller: No. We just put it in there to make sure, if they install one, it must be conforming. They don't have to put one up. Mr. Caramagno: Okay. All right. That's my questions. Thank you. Mr. Wilshaw: Thank you, Mr. Chairman. I know any other questions or comments on the motion? Mr. Caramagno: Just as we come back, Wafa is showing me some pictures of ... these houses in the neighborhood are all brick and the sides and back have nothing on them. Mr. Duggan: I think to the west they are not though. And I think the new subdivisions built back in the 80s are not. October 17, 2023 31188 Mr. Wilshaw: All right, thank you. All right. If everyone's satisfied, there's no other amendments or changes to the motion to approve. I think the Secretary can call the roll. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to the City Council with an approving resolution. ITEM #4 PETITION 2022-12-01-02 St. Mary's Basilica Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2022- 12-01-02 submitted by Basilica of St. Mary — Formal withdrawal request for the portion of the petition to rezone from PL (Public Land) to NM3-I (Neighborhood Multifamily — Maximum 4 Stories). Mr. Wilshaw: This item is currently on our table. Is someone willing to make a motion to remove this from the table so we can discuss that? On a motion by Bongero, seconded by Long, and unanimously adopted, it was: #10-63-2024 RESOLVED, That the City Planning Commission on October 17, 2023, on Petition 2022-12-01-02 submitted by Basilica of St. Mary — Formal withdrawal request for the portion of the petition to rezone from PL (Public Land) to NM3-I (Neighborhood Multifamily — Maximum 4 Stories)., does hereby remove the item from the table. Mr. Wilshaw: So, we will now be able to discuss this item. Mr. Miller. Any updates or information that you'd like to provide on this? Mr. Miller: No, just that they formally withdrew their petition. Mr. Wilshaw: Okay, yes, we did receive a letter. It's in our packet from the petitioner asking to formally withdraw this petition from our agenda. We do honor those requests. If someone is willing to make a motion to accept the withdrawal without any prejudice, the petitioner would be able to resubmit at a future date if they if they choose to. On a motion by Long, seconded by Dinaro, and unanimously adopted, it was: #10-64-2023 RESOLVED, That the City Planning Commission on October 17, 2023, on Petition 2022-12-01-02 submitted by Basilica of St. Mary — Formal withdrawal request for the portion of the petition to rezone from PL (Public Land) to NM3-I (Neighborhood October 17, 2023 31189 Multifamily — Maximum 4 Stories)., does hereby accept the request from the petitioner for withdrawal. 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 #5 APPROVAL OF MINUTES 1,2041h Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,204th Public Hearing and Regular Meeting held on August 29, 2023. On a motion by Caramagno , seconded by Bongero , and unanimously adopted, it was: #10-65-2023 RESOLVED, That the Minutes of 1,204th Public Hearings and Regular Meeting held by the Planning Commission on August 29, 2023, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Bongero, Long, Ventura, Caramagno, Wilshaw NAYS: None ABSENT: None ABSTAIN: Dinaro Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,205th Public Hearings and Regular Meeting held on October 17, 2023, was adjourned at 8:21 p.m. /7 CITY P.LANINING COMMISSION Sa ATTEST: Ian Wil aw, it , Secretary