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HomeMy WebLinkAboutPLANNING MINUTES 2017-06-06 MINUTES OF THE 1,106th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 6, 2017, the City Planning Commission of the City of Livonia held its 1,106th Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7:00 p.m. Members present: Sam Caramagno Glen Long Carol Smiley Kevin Priddy Peter Ventura Ian Wilshaw Members absent: Betsy McCue Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, 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 2017-05-01-02 SOAVE/ORO 18761 FARMINGTON Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2017- 05-01-02 submitted by Brian Duggan, on behalf of Soave/Oro Construction, L.L.C., pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the property at 18761 Farmington Road, located on the west side of Farmington Road between Pickford and Clarita Roads in the Northeast 1/4 of Section 9, from OS to R-1. June 6, 2017 28163 Mr. Taormina: This request is to rezone a single parcel from its current classification of OS, Office Services, to R-1, One Family Residential. This property is located on the west side of Farmington Road between Pickford and Clarita Avenues. The parcel represents the southerly limit of what is currently an area zoned OS, Office Services. The request would allow for the development of a single family home on a parcel that is presently vacant. The lot is about 6,600 square feet in size. It has 60 feet of frontage on Farmington Road and a depth of 110 feet. The R- 1 zoning district does require a minimum lot size of 60 feet by 120 feet or 7,200 square feet. This lot would be slightly deficient in lot area by roughly 600 square feet. Therefore, the Zoning Board of Appeals would be required to grant a variance for the deficiency in the lot area. Looking immediately to the north of the subject property there are developed office parcels. To the east across Farmington Road are additional office sites and then to the west and south are single family homes currently under the R-3 zoning classification. Lastly, the Master Plan does show this particular area as future office. The site plan shows how the subject project would be developed with a single family home having access to Farmington Road. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Please. Mr. Taormina: There are three items of correspondence. The first item is from the Engineering Division, dated May 19, 2017, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed rezoning at this time. The existing parcel is assigned the address of 18761 Farmington Road. The attached legal description appears to be correct for the parcel, and should be used in conjunction with this petition. The owner has been in contact with this department regarding utilities to service the parcel, and currently has an approved plot plan for the proposed residence. Should the owner need to complete work within the Farmington Road right-of-way, permits from the Wayne County Department of Public Services will be required."The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Treasurer's Department, dated May 30, 2017, 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. The third letter is from the Finance Department, dated May 19, 2017, which reads as follows: "I have reviewed the addresses June 6, 2017 28164 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 Coline Coleman, Chief Accountant. Mr. Wilshaw: Are there any questions of the Planning Director? Mr. Ventura: Mr. Taormina, the rezoning plan that's on the screen, that's for an example only at this point in time? Mr. Taormina: That is correct. Mr. Ventura: The petitioner will have to come back for site plan approval when they move forward. Mr. Taormina: There is not a requirement for the petitioner to come back before this Board nor the City Council for approval of the construction of a house on this site. That would be treated as a permitted use should the rezoning move forward. They would just simply go through the Inspection Department. Mr. Ventura: Subject to Zoning Board of Appeals approval. Mr. Taormina: Yes, subject to the Zoning Board of Appeals. That is correct. Mr. Ventura: Thank you. Mr. Wilshaw: Mr. Duggan. Brian Duggan, 14315 Denne, Livonia, Michigan 48154. Let me start off my apologizing for missing the meeting the other day. I did show up but I showed up Wednesday, Monday being the holiday. So I was the only one here at City Hall that day. I'm here really to answer any questions that you may have. Mr. Soave is planning on putting up a single family ranch similar to what he did right across the street down a little bit north, 1,260 square feet I believe, three bedroom ranch, full basement. Mr. Wilshaw: Do we have any questions for the petitioner? Ms. Smiley: Through the Chair to Mark, considering the size of this lot, how easy would it be to develop it for an office? Mr. Taormina: It would be very difficult to develop this site as an office given its size. It could only be done if it was combined with some of the adjacent properties. Given its size, it would be nearly impossible June 6, 2017 28165 to develop an office on this site and meet all of the city's requirements for office development. Ms. Smiley: And there are occupied homes to the south of it? Mr. Taormina: There are occupied homes along a portion of Farmington Road. If you go a little bit further to the south, there are homes along Farmington. Ms. Smiley: Thank you. Mr. Wilshaw: Are there any questions for the petitioner? Mr. Ventura: Mr. Duggan, do you have any renderings or any examples of what you're going to build? Mr. Duggan: I did not bring any but I'd be more than happy to supply them to you first thing in the morning. Mr. Ventura: Can you give us a verbal description of what's going to be built there? Mr. Duggan: It's a three bedroom ranch, about 1,250 square feet, full basement, brick on the face of the front. If you've seen the ones on Farmington Road, some have detailed stone work in front too, but it's a well decorated ranch to offset the main road. He does put a lot of extras into houses so he can sell them at fair market value. Mr. Ventura: And it has a two car attached garage. Is that correct? Thank you. Mr. Wilshaw: Any other questions for the petitioner? Anything else, Mr. Duggan, that you would like to mention before we go to the audience? Okay. Thank you. Mr. Duggan: No, I'll just let the audience speak, and if they have any questions, I'll be happy to answer them. Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or against this item? Please come forward sir. Dr. Mark Mortiere, 18769 Farmington, Livonia. Thank you. Good evening. This is the parcel directly north of the parcel in question. I would welcome a development of that lot as I've been there at my address for over 30 years and it's been sitting there overgrown. I've had to clean up the property myself many times over the years of trash and wooded debris. The only concern I have is whether or not June 6, 2017 28166 redevelopment plans, like digging the basement and the building, would have anything to do with shutting down my water or electricity for any extended period of time at my office. Mr. Wilshaw: Typically, that would not be the case. They can handle each property separately so I don't think you have to worry about that. Dr. Mortiere: Okay. Good. I support the plan for rezoning to a residence. Thank you. Mr. Wilshaw: Thank you, sir. Is there anybody else in the audience for this particular item? Seeing no one else come forward, Mr. Duggan, I'll give you one last chance if there's anything else you want to say. Mr. Duggan: Just the fact that this is kind of a down zoning too. I think, as a former Councilman, it's sometimes always good to down zone properties and it would take it from a higher use to a residential use. Mr. Caramagno: Mr. Duggan, I have a question for you. What's going to be the physical barrier between this doctor's office and this residential lot? What would be there on the north side of this property? Mr. Duggan: I don't believe code has anything to do with any kind of brick wall. It might just be a chain link fence, and knowing Mr. Soave, probably some landscaping to shield the two together so it's beneficial to the new owners. Mr. Caramagno: I don't recall. Is there anything there now? Do you know? Mr. Duggan: I don't believe so. That's something I think the doctor would know. Mr. Caramagno: Is there a fence on the south side of your property? I don't recall. Dr. Mortiere: There is a small four-foot high broken down cyclone fence. It separates my property from the lot in question. It's kind of rickety, rusted. Mr. Wilshaw: For the audience's benefit, the doctor responded that there is a four-foot high cyclone fence. Dr. Mortiere: There is a small four-foot high cyclone fence running east and west that separates the parking lot of my dental office from the lot in question. It's kind of rickety, rusted, broken down a little bit, especially the section toward Farmington Road. June 6, 2017 28167 Mr. Caramagno: Okay. Thank you. Dr. Mortiere: It's technically a fence. Mr. Wilshaw: Mr. Taormina, because this would be residential zoning abutting office, is there a requirement for a barrier? Mr. Taormina: Only if it was the office being developed, then there would be a requirement for a barrier wall between the two properties. But given the fact that the office building already exists and it's the house being constructed, it would not force the construction of a wall along that common lot line. The petitioner or homeowners more than likely will want some kind of a fence along there. So they could petition the Inspection Department to put some type of a six foot high fence along that property line. Oftentimes we see that. It would not surprise me if that's exactly what they'd do as part of their marketing of this property to help buffer it from the commercial use to the north. Mr. Wilshaw: Right. So when we have a more intense user abutting a less intensive residential zoning, we require that they put a barrier between those two zoning, but when it's the opposite direction, a less intensive residential use, they are not required to have that there. Mr. Taormina: They are not required to put it in at this time to my knowledge. Mr. Wilshaw: Any other questions for the petitioner? Any other comments? If not, I'll close the public hearing and ask for a motion. On a motion by Smiley, seconded by Ventura, and unanimously adopted, it was #06-30-2017 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 6, 2017, on Petition 2017-05-01-02 submitted by Brian Duggan, on behalf of Soave/Oro Construction, L.L.C., pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the property at 18761 Farmington Road, located on the west side of Farmington Road between Pickford and Clarita Roads in the Northeast 1/4 of Section 9, from OS to R-1, the Planning Commission does hereby recommend to the City Council that Petition 2017-05-01-02 be approved for the following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding land uses and zoning districts in the area; June 6, 2017 28168 2. That the proposed change of zoning will provide for a single family residential development similar in density to what is existing in the neighboring area; and 3. That the proposed change of zoning would provide for the development of the subject property in a manner that is appropriate with its size and location. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #2 PETITION 2017-05-01-03 SOAVE/ORO 18761 FARMINGTON Mr. Caramagno, Secretary, announced the second item on the agenda, Petition 2017-05-01-03 submitted by Brian Duggan, on behalf of Soave/Oro Construction, L.L.C., pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the properties at 18491, 18489, 18481, 18477, 18451, 18431, 18421, and 18363 Farmington Road, located on the west side of Farmington Road between Pickford and Curtis Roads in the Northeast 1/4 of Section 9, from OS (Office Services) to R-1 (One Family Residential — 60' x 120' lots). Mr. Taormina: This petition is very similar to the one we just reviewed. It involves a slightly larger parcel of land. This property is further to the south located between Pickford and Curtis Roads, along the west side of Farmington Road. It involves eight contiguous parcels. The request is to rezone from the current OS zoning classification to R-1, One Family Residential. Combined, these eight parcels have a land area of about 20,200 square feet with 180 feet of frontage on Farmington Road and an average depth of 110 feet. The site is presently vacant, and the request to rezone would allow for the construction of three new single family homes, which would be in accordance with the R-1 district regulations. The R-1 classification requires a minimum lot size of 60 feet by 120 feet for a total lot size on each building pad of 7,200 square feet. The plan shows that the properties would be combined and split into three new buildable lots. The north and the middle lot would each measure 60 feet by 110 feet, for a total land area of 6,600 square feet, and then the southerly most lot would measure 60 feet of June 6, 2017 28169 frontage on Farmington Road, have a slightly larger area of 7,000 square feet, but again, all three parcels would be just shy of the R-1 minimum lot size requirements and would therefore require Zoning Board of Appeals approval. Looking to the north, there is an existing office building at the southwest corner of Pickford and Farmington Roads. To the east across Farmington Road are office uses, and to the west and south are residential properties. To the west are single family and immediately to the south of this property is the Curtis Creek Apartments, which is zoned R-7, Multiple Family Residential. Again, the Future Land Use Plan does show this as office. In fact, in 2007 there was a petition to rezone this property from its previous zoning classification, which was R-3, One Family Residential, to OS. That petition was approved and then later that same year in 2007, the same petitioner received site plan approval to construct an approximate 4,000 square feet office building on the property. However, as we all know, that was never completed and the property does remain vacant. The submitted site plan shows how the three homes would be situated on the subject land area. Again, it is very similar in design as the plan that was previously described. Looking back, at the plan that was approved in 2007-2008, it shows how the office would have been built on this property. Thank you. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated May 19, 2017, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed rezoning at this time. The existing parcels are assigned the addresses of#18363, #18421, #18431, #18451, #18477, #18481, #18489 and#18491 Farmington Road. The attached legal descriptions appear to be correct for the parcels, and should be used in conjunction with this petition. The owner has been in contact with this department regarding utilities to service the parcels, and currently has approved plot plans for the proposed residences. Should the owner need to complete work within the Farmington Road right-of-way, permits from the Wayne County Department of Public Services will be required." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Treasurer's Department, dated May 30, 2017, 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 June 6, 2017 28170 no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. The third letter is from the Finance Department, dated May 19, 2017, 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 Coline Coleman, Chief Accountant. The next letter is from the Department of Assessment, dated May 24, 2017, which reads as follows: "The petition submitted by Brian Duggan, on behalf of Soave/Oro Construction, is to rezone the above described properties to R-1. The owner/taxpayer on record is Agnes Emma Williams. If this property has been purchased by Soave/Oro Construction, they will need to provide this office with proof of ownership. If the rezoning is approved, the eight individual properties will need to be combined into three conforming parcels." The letter is signed by Mary Ciolino, Assessment Department. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Seeing none, Mr. Duggan, welcome back. Brian Duggan, 14315 Denne, Livonia, Michigan. This is once again a down zoning. The same type of house, a three bedroom ranch. They will be ranches, not colonials. I know some people don't like the two stories. There won't be any big houses looking down on the backyards. It will be the Catalina ranch. I was told by Mr. Soave that he is the owner of the property. He did close on it and they sent the paperwork to the City by mail. I don't know why they did that, but I asked the title company to re-send everything over to the Assessor's Office, and I will make sure it's done this week. Mr. Wilshaw: Very good. Thank you. Are there any questions for the petitioner? Mr. Wilshaw: Mr. Duggan, these houses are going to be basically the same as you described for the previous petition? Mr. Duggan: Yes, the three bedroom ranch, the Catalina. The same as he has done on Farmington Road just south of Seven and also they did it on Farmington Road just across from the Ford Field. Mr. Wilshaw: If there are no questions for the petitioner, we'll go straight to the audience. Is there anybody in the audience that wishes to speak for or against this item? Please come forward. We'll ask your name and address for our records. June 6, 2017 28171 Carolyn Price, 18358 Filmore, Livonia, Michigan. I live directly behind the property that's being proposed. I am pleased that it's not six or eight slots. When they sent the sheet out with all the little things in it, I was like there's no way we can fit that many little houses there. Mr. Wilshaw: It would be narrow houses. Ms. Price: It's like that tiny house living was going to take over Livonia. I'm not terribly upset. Two would be great. Three, it will be tight but I have a really big yard so I have a different viewpoint. I would appreciate if there would be a way it could be fenced. I had tried to get ahold of the person that was buying that property to see if I could fence it, and I never got responses. I tried like three times. The person that sold to you folks said they would be doing some construction. They probably wouldn't want a fence in there so that they could move their equipment more readily. And I don't have a problem with that but I would like it fenced at the end so there is a barrier between the houses and my backyard. I think that would be wonderful. I don't know how many trees we will lose because there's a lot of really nice wood trees and some kind of water issues because there's like a little ravine down there and I don't know if any of that will be disturbed. I'd like to know that that's going to be appropriately managed too. If they take out a lot of trees, if they could maybe put a few back in to make it so it doesn't look quite so sparse. Two or three I can handle. When it had six or eight, I was a little concerned. Mr. Wilshaw: Understood. Thank you. We'll ask some of those questions of our petitioner. Anybody else in the audience wishing to speak for or against this item? Seeing none, Mr. Duggan, you've heard a couple comments from this resident in regards to fencing and also the trees on the property. Did you want to make any comments on that? Mr. Duggan: Yes. I just asked her for her phone number. I'm going to give her a call after I talk to Mr. Soave, but I think we can put a fence in there. I don't see an issue. Trees, he's only going to take down the trees necessary for the footprint of the house. Obviously, he's got a record of leaving trees as he can to protect the earth and it costs a lot of money to take trees down nowadays. We'll leave as many trees as we can. On the water issue, the Engineering Department is working closely with us. There will be nothing else in the waters. It will all be proper through the storm sewers. Mr. Wilshaw: Okay. I do know sometimes when construction is being done, if tree roots are impeding on the foundation or any of that, then June 6, 2017 28172 sometimes they have to come out, but you can always replant with maybe a new tree afterward, if necessary. Mr. Duggan: Correct. Mr. Wilshaw: Thank you. Are there any other questions? Ms. Smiley: Only that they're about 12,500. Are the three houses the same size? Mr. Duggan: Yes. 12,500, 12,750. They are the exact same ranches that they're doing all over Livonia. Nothing bigger, nothing smaller. Ms. Smiley: And there's a sidewalk in front of the houses, right? Mr. Duggan: That is required by the City at this time. Ms. Smiley: Great. Thanks. Mr. Wilshaw: Mr. Duggan, what price point will these be at? Mr. Duggan: We sold the ones across the street two years ago for $220,000. So $240,000 hopefully, just because of the cost of construction, not profit. Mr. Wilshaw: If there are no other questions, then we'll close the public hearing and I will look for a motion on this item. On a motion by Ventura, seconded by Priddy, and unanimously adopted, it was #06-31-2017 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 6, 2017, on Petition 2017-05-01-03 submitted by Brian Duggan, on behalf of Soave/Oro Construction, L.L.C., pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the properties at 18491, 18489, 18481, 18477, 18451, 18431, 18421, and 18363 Farmington Road, located on the west side of Farmington Road between Pickford and Curtis Roads in the Northeast 1/4 of Section 9, from OS to R-1, the Planning Commission does hereby recommend to the City Council that Petition 2017-05-01-03 be approved for the following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding land uses and zoning districts in the area; June 6, 2017 28173 2. That the proposed change of zoning will provide for a single family residential development similar in density to what is existing in the neighboring area; and 3. That the proposed change of zoning would provide for the development of the subject property in a manner that is appropriate with its size and location. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #3 APPROVAL OF MINUTES 1,105TH Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,105th Regular Meeting held on May 9, 2017. On a motion by Long, seconded by Priddy, and adopted, it was #06-32-2017 RESOLVED, that the Minutes of 1,105th Regular Meeting held by the Planning Commission on May 9, 2017, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Long, Priddy, Ventura, Caramagno, Wilshaw NAYS: None ABSENT: McCue ABSTAIN: Smiley Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously ad. •t:.d, the 1,106th Public Hearings and Regular Meeting held on June 6, 2017, w. . .journed at 7:29 p.m. CITY PLA' ING COMMISSION X, 001"....°": Sam Cara agno, Secretary ATTEST: Ian Wilshaw, C airman