HomeMy WebLinkAbout1,159 - Septermber 1, 2020MINUTES OF THE 1,159th PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, September 1, 2020, the City Planning Commission of the City of
Livonia held its 1,159th Public Hearings and Regular Meeting via Zoom Meeting
Software.
Mr. Ian Wilshaw, Chairman, called the meeting to order at 7:00 p.m
Members present: Sam Caramagno Glen Long Betsy McCue
Carol Smiley Peter Ventura Ian Wilshaw
Members absent: David Bongero
Mr. Mark Taormina, Planning Director, Scott Miller, Planner IV, Stephanie Reece,
Program Supervisor, and Debra Walter, Clerk -Typist were also present.
Chairman Wilshaw informed the audience that if a petition on tonight's agenda
involves a rezoning request, this Commission makes a recommendation to the City
Council who, in turn, will hold its own public hearing and make the final
determination as to whether a petition is approved or denied. The Planning
Commission holds the only public hearing on a request for preliminary plat and/or
vacating petition. The Commission's recommendation is forwarded to the City
Council for the final determination as to whether a plat is accepted or rejected. If a
petition requesting a waiver of use or site plan approval is denied tonight, the
petitioner has ten days in which to appeal the decision, in writing, to the City
Council. Resolutions adopted by the City Planning Commission become effective
seven (7) days after the date of adoption. The Planning Commission and the
professional staff have reviewed each of these petitions upon their filing. The staff
has furnished the Commission with both approving and denying resolutions, which
the Commission may, or may not, use depending on the outcome of the
proceedings tonight.
ITEM #1 PETITION 2020-07-01-04 Adam's Park
Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2020-
07-01-04 submitted by Adams Park Development, L.L.C.
pursuant to Section 23.01 of the City of Livonia Zoning Ordinance
#543, as amended, requesting to rezone the properties at 14416
Harrison Avenue and 28201 Lyndon Avenue (former Adams
Elementary School site) located on the south side of Lyndon
Avenue between Inkster and Middlebelt Roads in the Southeast
Y4 of Section 24 from PL (Public Lands) to R-1 (One Family
Residential).
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Mr. Taormina: This is a rezoning petition involving the former Adam's
Elementary School site. The rezoning would change the
classification from PL (Public Land) to R-1 (One -family
residential). The 12 % acre site is located on the south side of
Lyndon Street between Inkster and Middlebelt Roads.
Immediately to the east and west of the property is R-1 zoning.
These are developed residential subdivisions, including
Buckingham Village, Compton Village, and Compton Square
Estates. Immediately to the south of the subject property is City
owned property, Dooley Park. To the north across Lyndon are
residential homes zoned R-2, including the recently completed
Bishop Estates Cluster Development. This is an aerial
photograph showing what the site looked like when the school
was located on the property. The school has since been razed
and the site is being cleared. This is a concept plan that was
submitted with the rezoning application. It shows a total of 39
lots. The R-1 zoning would allow for the development of single-
family homes on conventional lots that would have a minimum lot
width of 60' by a minimum lot depth of 120', for a total area of no
less than 7,200 square feet. This design shows a U-shaped road
pattern with both streets having access from Lyndon. Most of the
lots would front on the new internal road system that includes a
cul-de-sac in the southwest corner of the subdivision. Lots 11
through 39 would have access to the new roads. Lots 1 through
10 would front directly on Harrison Ave. The plan includes a
storm water detention basin, which is in the southeast corner of
the site, as well as an open space area that is located along the
south side of the property adjacent to Dooley Park. With that, Mr.
Chairman, I can read out the departmental correspondence.
Mr. Wilshaw: Yes, please.
Mr. Taormina: The first item is from the Engineering Division, dated August 10,
2020, which reads as follows: "In accordance with your request,
the Engineering Division has reviewed the above referenced
petition. We have no objections to the proposed rezoning at this
time. The parcels are assigned the addresses of #28201 Lyndon
Avenue and #14416 Harrison Avenue. The legal description
submitted by the owner on the `proposed plan" appears to be
correct, and should be used to describe the proposed rezoned
property. The proposed development is currently serviced by
public water main, sanitary and storm sewers, which will need to
be extended to service any new residences. The submitted
drawing does not indicate any utility connections, so we do not
have any knowledge of impacts to the existing systems at this
time. The owner has been in contact with this office regarding the
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project, and is aware of the Engineering Department
requirements. It should be noted that should the project move
forward the proposed construction will be required to meet the
Wayne County Stormwater Ordinance, including detention
requirements. A full review of the proposed development will be
completed when plans are submitted forpermitting." The letter is
signed by David W. Lear, P.E., Assistant City Engineer. The next
letter is from the Finance Department, dated August 10, 2020,
which reads as follows: "I have reviewed the address connected
with the above noted petition. As there are no outstanding
amounts receivable (general or water and sewer), I have no
objections to the proposal." The letter is signed by Connie
Kumpula, Chief Accountant. The next letter is from the
Treasurer's Department, dated August 7, 2020, 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. Next, we have an
email from Atul Kishore, dated August 15, 2020, which reads as
follows: "On behalf of the new Bishop Condominiums home
owners association, I would like to share our views on the matter
of Petition 2020-07-01-04, the rezoning of the former Adams
Elementary school site. For family residential zoning, the city
needs to include the following in their plan approval process: 1.
The electric and utility wires along the north side of Lyndon Street
should be transitioned from above ground to below ground
(buried) for safety and reliability. As additional loads will feed off
these lines, it is critical that these wires east of Harrison are
buried for safety and curb appeal. 2. Lyndon road east of
Harrison needs to be completely reconstructed to handle the
additional traffic load. There is already too much traffic travelling
at higher than posted speeds. 3. Lyndon Street in front of Bishop
Condominiums has a low elevation, resulting in constant flooding.
Todd Zilincik, City of Livonia Engineering Department is aware of
this issue and looking at short-term and long-term alternatives.
Drainage is required for safety and proper maintenance and a
solution needs to be addressed as soon as possible. 4. Lyndon
Street is already a high traffic road and the entrance for the new
residential homes should be along Harrison to avoid increased
risk of accidents in the area. I would like to be kept informed of
any developments in this project as it impacts our homes and
their surroundings." That is the extent of the correspondence.
Mr. Wilshaw: Are there
any
questions of the
Planning Director?
If not, our
petitioners
are
in the audience.
If you could please
click raise
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hand, I can recognize you and we can speak with you. I believe
we have Stuart Michaelson, Mr. Michaelson, good evening.
Stuart Michaelson, 31333 W 13 Mile Road, Farmington Hills, 101, 1 am one of the
partners at Windmill Homes. We have come up with a site plan
that we feel works within the R-1 zoning. We have done some
very preliminary engineering at this point to get the re -zoning. We
have the 39 lots. We are looking forward to building 39 homes to
the community. We have purchased in other community's school
sites for in -fill similar to this and have been very successful. We
did one in the City of Farmington. We have done a couple in
Farmington Hills. We did one in West Bloomfield. We find that
these in -fill school sites are very good for the communities. Many
times, we find that people are living in the older homes
surrounding us and don't want to leave the neighborhood and are
very happy to live in that area but want a new house. This is
something we provide them. If you have any questions, we would
be glad to try and answer them.
Jr. Wilshaw: Thank you, Mr. Michaelson. Do you have other folks with you this
evening that are on our call that we can also introduce?
Or. Michaelson: There are other people.
Mr. Wilshaw: Do you know what names I should be looking for?
Mr. Michaelson: Stuart Sherr, Roger Sherr, and George Major.
Mr. Wilshaw: Okay. Great.
Stuart Sherr, good evening and thank you for the opportunity to make this
presentation. This is a public hearing for rezoning. That is the
way we have approached this. This is not a site plan hearing.
The current zoning is PL and we are looking to rezone to R-1,
which is consistent with the Master Plan. As you can also see
from the aerial photo, most of the acreage surrounding our site is
already zoned R-1. So, we harmonize and are consistent with
much of the neighboring property. We are a 12.71 acre site as
Mark Taormina had earlier described. This is also a former
school site. The Adams school building has been razed so the
land is now completely vacant. By the way, the development
company that we formed is called Adams Park Development.
Stuart Michaelson and George Major, his partner, are partners
with ourselves, Stuart and Roger Share. Both companies have a
long track record of excellent experience of development within
the greater Metropolitan Detroit area. In fact, I think we described
that a little bit a week ago during the study session. The product
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for this rezoned property is something we have successfully
constructed in many of the communities surrounding Detroit,
mostly on the western side of metropolitan Detroit. As I
mentioned earlier, it is consistent with the Master Plan, and
consistent with the surrounding properties. We are happy to
answer any questions that you may have. I don't know if anyone
eIse in our group is interested in saying a few words, but we have
focused on the rezoning aspect of tonight's meeting. We are not
fully prepared to get into the technical engineering issues. We
certainly have listened to and understood all of the comments that
you have made about the site plan that we are currently working
with as shown on the screen. I am going to let anyone else speak
that would like to so that I don't monopolize this conversation. I
would like to thank Mark Taormina for an excellent presentation.
Mr. Wilshaw: Thank you, Stuart. It is a good point to raise, not only for the tune
of this discussion, but also for our audience members as well that
this is a rezoning request that we are looking at tonight., We are
looking at the request to rezone this from Public Land to R-1 at
this point and if this is the appropriate zoning and the restrictions
that come along with that zoning for this property. The site plan
that we see before us on the screen and any discussion around
the site plan is purely conceptual at this point. That will come
back to us at a later date to be discussed in detail and in-depth.
We are really focused on zoning. There may be some reference
to this site plan but really it is zoning that we are concerned with
tonight. I believe we also have George with us, your partner. I
did see him raise his hand. He can unmute himself and introduce
himself as well. Good evening.
George Major, good evening. I wanted to say hello and I would also like to thank
Mark for a very good presentation. There really isn't anything
else that I can add at this point. Stuart and Stuart did a great job.
I think they spoke well on our behalf.
Mr. Wilshaw: Great. Thank you. We have all three with us tonight. We
appreciate that. I will ask you gentlemen to just stand by for one
second and I will go to the commission first and see if there are
any questions for our petitioners this evening.
Ms. Smiley: I was wondering ... you mentioned a couple of subdivisions that
are nearby. Do you have any that are modeling this new Adams
Park after? Can you give me an address of a subdivision that
you built that would be similar to what you are building at Adam's
Park?
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29704
Mr. Michaelson: One that we just completed about two years ago is called
Riverwalk of Farmington. It is in the City of Farmington. It is an
old school site. Flanders school. It is on Flanders which is
between Eight and Nine. It runs east and west. It is just east of
Farmington Road. I don't have an address handy but there are
33 houses on the property. You can't miss it.
Ms. Smiley: Okay. No problem. I will be able to find it.
Mr. Michaelson: That butts up to a city park also. Very similar to this. We have
another one that we are just completing or building in Farmington
Hills with the old Wood Dale school. It is located in the middle of
a couple of subdivisions called... all of the sudden I can't think of
the names of the subs, but it is between 12 and 13 Mile and
between Drake and Farmington Road. Right in the middle. We
just are finishing up 18 homes in there. We have people living in
there. Those are the two closest.
Ms. Smiley: That's fine. They would look similar? I am assuming ranch's and
colonial type houses?
Mr. Michaelson: Yes, exactly.
Ms. Smiley: They are going to be at about the price range that you are
expecting to build here?
Mr. Michaelson: Yeah, right now because of price increases, especially in lumber,
it will be a little bit higher priced. It will be very similar.
Ms. Smiley: Okay, thank you. I know we are just talking about zoning but
should this go through it will give me an idea of what your product
looks like.
Mr. Wilshaw: Great question, Ms. Smiley. Any other questions for our
petitioners? From the commission?
Mr. Michaelson: Ms. Smiley, by the way the name of the subdivision I couldn't
think of is Colony Park in Farmington Hills.
Or.
Wilshaw: Colony Park. Great. Thank you. Any other questions for our
petitioners? If not, I don't' see anyone. I will go to the audience
and give the audience an opportunity to address this issue as
well. Then, of course, we can go back to the petitioner and ask
any additional questions and follow up on anything that we hear
from the audience. We do have Atul Kishore that wrote a letter
to us and we put that in the record. Glad to have them with us
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tonight. We will give them an opportunity to speak as well. Good
evening.
Atul Klshore, 28178 Lyndon, Livonia, MI, thank you for giving me the chance to
talk about this development on behalf of Bishop Condominiums.
As you mentioned earlier, those are the new condominiums right
across from Lyndon and right across from this new subdivision. I
take... personally, I feel it is a good opportunity to use that land.
My only concerns are, as I mentioned on the email, the biggest
one that comes right away is the entrance on Lyndon. The
curvature of Lyndon, that is bound to have a lot of accidents
because people are just flying by on that corner and having two
entrances on Lyndon, which will cause an incremental risk
assessment, I would recommend that the entrance to this new
sub come off of Harrison. That is probably, for this committee, at
this time and the zoning, that would be my main request other
than the three that I mentioned about the electric wires, Lyndon
totally needing to be redone ... we have water flooding issues
already there. The resolution is moving very slowly with
Engineering and I am willing to escalate that further because we
can't even go by this winter without that being resolved.
Mr. Wilshaw: Thank you, Mr. Kishore. We heard from Mr. Kishore, and we
also have Mrs. Shockling. Let me give her an opportunity to
speak. If she can just unmute herself.
Jennifer Shockling, 27954 Lyndon, Livonia, MI, hello. I am directly across the
street from the proposed site. Just a little east of the Bishop
Estate condos. My concerns... some of them (inaudible)... my
neighbor. We have extremely high traffic on this street moving at
a high rate of speed. The entrance should be placed on Harrison,
should this move forward. We also have quite a bit of flooding
and additional impervious surface cover is not going to help that
issue. From the site map there is no plan to deal with that. My
main concern is the pollution that will be caused once it's
developed. Particularly the noise and the air pollution from the
diesel trucks. As I am directly across from it and I am currently
working from home and educating a child from home, we are
using the residence for everything at this point. My employer has
actually informed me that I should prepare to be working remotely
for up to three years. I don't want to have diesel truck emissions
just exposing us all day long. The neighbors that are around this
site to be developed are all of a vulnerable population. We have
elderly. We have small developing children. I, myself, am an
asthmatic. I am opposed to the rezoning simply because I do not
want this site developed for the pollution it will cause. Also, during
the development of the Bishop Estate condos, the entirety of that
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development I had trash that blew into my yard every single day
that I was having to clean up. There was construction equipment
that used my lawn. Not just the right-of-way, but my lawn proper
because they didn't recognize that it was private property and we
were constantly having to shew them off the property and they
would make promises and leave business cards and said they
would come back and repair the lawn. We have massive divots
and ruts and it is extremely hard to mow it. I am opposed for that
reason as well, the construction equipment that will be on site. I
oppose the development of this land because as it was noted it is
Public Land. It is our land and people are currently using it. There
is a public land designation further up Lyndon, but that is more
developed and there are certain activities that people can't do at
both sites. So, currently the land is being used by numerous
people every day to do activities such as flying kites, run RC cars,
it golf balls. The land is being currently used by the public as
public land. That concludes my comments. Thank you for my
time.
Mr. Wilshaw: Thank you, Ms. Shockling. We will talk to the petitioner about
some of those issues that you raised and see what we can do to
assist in those moving forward. Appreciate your comments.
Anyone else in the audience wishing to speak for or against this
item? If so, please click raise hand so we can recognize you.
Jim McCabe, 14236 Lyons, Livonia, MI, can you hear me okay? I am east of
Dooley Park. I have been here about 20 years and I am not in
favor of the rezoning. It is for many reasons. It is strain on
infrastructure, which people have talked about already. The
strain on the water, the sewer, the electrical, the cable, police, fire
and then you add the traffic that 39 homes would bring. R-1, I
guess, although I am not in favor of the rezoning, is better than
the alternatives which I think would be attached condos or
apartments and things of that nature. R1 is the lesser of evils in
my opinion. Again, I would like it to stay as green space. I am
not an expert in zoning by any stretch, but there has to be a better
way then to just shove houses everywhere. It doesn't make a lot
of sense to me. The neighborhood is 64 years old. It has been
fine without those houses up until now. I am hoping that it can
continue. I know the developers have mentioned success in
various other endeavors, but success for whom. The developers
come in they build a bunch of houses. There is a windfall of
money for the city and they make their money. But, here, the
residents are stuck with whatever there is. I am not in favor of it
because of that. I guess my question is, to what gain? I don't
see a lot of gain for my personal house with this rezoning. I am
hoping that it doesn't pass. I am opposed to it and I will be
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watching the developments. Not the development, let me be
clear. I want to see how this rolls out.
Mr. Wilshaw: Okay, thank you, sir. We appreciate your comments. We are
making notes of your concerns. We will again try to circle back
once we have heard from all of the audience members to address
any of these concerns that have been raised. I appreciate your
comments tonight. We have one other person with their hand
raised. I don't have a name for them. I am going to recognize
them. Their entry says B103100. They can unmute themselves
and introduce themselves with their name and address please.
Belinda Ellison, 28154 Lyndon, Livonia, MI, thank you for affording me the time to
speak on my behalf. I live exactly directly across from the Adams
property, which used to be the swim club. It is the current
condominiums right now. Thank you again for giving me the
opportunity to speak. A lot of people have raised a lot of very
valid issues. I am kind of on the fence. I know that development
is good but sometimes if we get too much development that can
also bring a lot of issues as well. I am concerned mainly about
the traffic. I am really surprised with the condominiums that were
built, which are very nice by the way, I am surprised that by having
six condominiums how much more traffic has come through on
our street. Lyndon is like a main residential street so everybody
uses it to access... to get to Inkster, to get to
Middlebelt... especially where there is a lot of construction going
on. I am concerned about the entrances... getting in and out of
the subdivision. Someone mentioned about the flooding on
Lyndon. That would be in front of the condominiums there. As
you recall, that used to be the swim club. Ever since the
condominiums were built... if it rains heavily there is usually a lot
of flooding because of that. I can see that as an engineering
issue, I guess. Anyway, I am mostly concerned about the traffic.
When Adams school was still in operation, there used to be a stop
sign there where the school's kid crossing and whatnot and then
they decided to remove the stop sign. Even when the stop sign
was there, the traffic was... I was amazed at how fast people were
going up and down on a main residential street. Once they took
the stop sign out it is just... it is a free for all. People do 40 with
not even batting an eye. That is really something I feel needs to
be addressed. We do have little children in the neighborhood. I
am concerned for their safety as well. I think that is all I have to
say for now. Again, thank you for allowing me the time to speak.
I appreciate your time.
Mr. Wilshaw: Excellent points. We will be talking about those additionally here
tonight. Thank you for raising them. Is there anyone else in the
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audience wishing to speak on this item? We do have another
person in the audience. We will give them an opportunity to
speak. Their name is Loraine. They can unmute themselves and
introduce themselves. Loraine, we need you to unmute yourself.
I don't see Loraine unmuting herself, so we won't be able to hear
her. Is there anyone else in the audience wishing to speak for or
against this item? If so, please click raise hand. We have Mr.
Priest who is welcome to unmute himself and address his
concerns. Mr. Priest, you can unmute yourself. He seems to be
having difficulty unmuting himself. It's not going to well on these
unmutes here. Anyone else in the audience wishing to speak for
or against this item? I don't have anyone else clicking raise hand.
I have a request to both Loraine and Mr. Priest to unmute
themselves if they wish. They are not unmuting themselves, so
we will move one. Is there anyone else in the audience wishing
to speak for or against this item? If not, are there any questions
or comments from the commission for our petitioner based on the
items that we have heard from ... Oh, Mr. Priest is... he started to
unmute himself. The mute button, by the way, is either in the
lower left corner if you are on a computer or if you are on a tablet
type device, it is...
Jim Priest, can you hear me?
Mr. Wilshaw: Yes, we hear you.
Mr. Priest: Good evening, I am the Civil Engineer on this project. I
was... when I got out of school, which was quite a while ago, I
worked for the City of Livonia for about eight years back in the
70's. As far as the infrastructure is concerned and the drainage,
there is two huge drains adjacent to this property. One of them
is along Lyndon. It is a 21' wide by 12' high arch. You can drive
a truck through that thing. It flows easterly into the Red Run golf
course. Along the east property line is Livonia drain 17, which is
an eight -foot diameter pipe. As far as flooding, the only way there
would be flooding would be if the grading wasn't properly done,
because there is plenty of capacity in those pipes which allow or
no flooding. Even though there is. Also, we are going to retain
the water so that the runoff is (inaudible) to what it is today in an
undeveloped state. That will reduce the amount runoff. There is
also adequate sanitary sewer mains adjacent to the site too. I
don't think there is any engineering problems with stressing any
of the facilities adjacent to the site.
Or.
Wilshaw: Thank you, Mr. Priest. We really appreciate your insight and
comments on this item. I am not sure we got your address. Can
we get that for our record?
Mr. Priest:
I�►ilit•►Dtl�GG]G►�
My address?
Yes, please.
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29709
Mr. Priest: I live in Livonia. I have for quite a while. I live on Riverside Street.
Down from the turkey farm. My office is in Canton over on
Kapernick, which is a half -mile road between Joy and Warren,
just east of Haggerty.
Mr. Wilshaw: Okay.
Mr. Priest: I have done many subdivisions in Livonia over the years.
Mr. Wilshaw: Thank you. We really appreciate your comments this evening.
Loraine Campau, 14449 Harrison, Livonia, MI, directly across from the proposed
rezoning. I definitely oppose this. We have been Livonia
residents and in this home for 35 years. I guess, probably one of
the biggest reasons as to why I oppose this, first of all in the main
changes that have gone on through the school systems and
everything, and having Adams there for so many years, which
was a wonderful place for our children to go while they were able
to go there until the school zones were restructured, however,
one of the biggest problems I have with this is that I fear that the
school board actually (inaudible) us in selling this property. I think
they were not within their level of...I don't know, whatever you
want to call it, level of jurisdiction or whatever in my opinion.
Because this does directly affect our neighborhoods. We had that
as a school. We counted on that as a school, as park space, as
green space, as a couple of the other people commented on. We
feel that it is important to maintain in our neighborhood. I am not
looking forward to having any neighbors there. I haven't had any
in 35 years and certainly don't want any now. Mainly it is because
it is a nice peaceful area and we really don't want that developed.
When you look at the other areas in Livonia that are just house
on house and to be honest, the new areas that I have looked at,
they are not all that impressive. It is going to be... I am not actually
sure how that will look and affect our neighborhood. Obviously,
those home are going to look much different than what we
currently have now. I missed part of the beginning. What are the
lot sizes on the proposed building development?
Mr. Wilshaw: Mr. Taormina, what are the lot size requirements for R-1?
Mr. Taormina: 60' x 120' — it is very similar to the lot sizes that exist to east and
the west within the subdivision adjacent to this.
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Ms. Campau: I guess the other concern I have is initially, and this was way back
in the day, there was a river that actually ran through the property.
The part that goes closer down Harrison. We do have a lot of
migrating birds and stuff that still come through there and I
wonder what will happen to that if this proposed rezoning occurs,
and how that will be accounted for.
Mr. Wilshaw: We can check on that for you as we get back to our petitioner.
That is a good question. Are there any other comments you
would like to make on this item?
Ms. Campau: No, I think that is it forme for now. Thank you for listening.
Mr. Wilshaw: Thank you. We really appreciate your comments. We are all
listening, and we are going to take those into consideration as we
move forward with this. I just want to see if there is anyone else
in the audience that wishes to speak on this item so we can make
sure everyone is heard. We have Sean Kelly who has their hand
raised.
Sean Kelly, 14453 Lyons, Livonia, MI, I will abut up to this development on the east
side. Mr. Priest, a couple of speakers ago, said that the drain
system should be able to handle any flooding. I can tell you just
what the school parking lot... several houses along Lyons on my
side of the street had flooding every Spring and every heavy rain
where our neighbor lost all of their trees in their back yard. We
lost one big maple and that was just with the school. I am
extremely concerned about what the flooding will be once we
have 39 houses built behind us. For that reason, and the pollution
and the Lyndon traffic, 1 am extremely opposed to this
development.
Mr. Wilshaw: Thank you, Mr. Kelly. We are going to talk with the petitioner
about flooding and water management, but suffice it to say one
of the things that usually happens with these types of
developments is that you can see, even on the conceptual plan,
that there is a large retention basin. The county has very strict
guidelines as to how water is to be managed on the property
when it is redeveloped. These are new guidelines. They have
come around in the last dozen or two years. Couple dozen years.
Also, how quickly that water is discharged from the properties. It
has to be retained for a certain amount of time and discharged at
a certain rate to try to minimize the strain on the sewer system
and so on. We will talk more about that this evening, but just to
give you a little idea that there is consideration that does get put
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into water management when properties are developed in the last
10 to 20 years. Something that wasn't done many moons ago.
Mr. Kelly: Thank you for listening.
Mr. Wilshaw: Your welcome and thank you for your comments. We do have
some other folks in the audience that do wish to speak, so we are
going to give them a chance. We have Ms. Franklin I believe who
has her hand up, so ... we will give her a chance to speak. Ms.
Franklin, if you can unmute yourself by clicking mute somewhere
on your... there you go. We hear you.
Laura Franklin, 28029 Lyndon, Livonia, MI, I am right next to the proposed
property. I have two questions. My first question is if the
committee approves for rezoning for R-1, in the future will the
developers have an opportunity to request to be rezoned to R-2?
Mr. Wilshaw: So, your question is, if we
approve
rezoning to
R-1, can they
come back and change it to
an R-2?
Is that your
question?
Ms. Franklin: Yes, it is.
Mr. Wilshaw: Mr. Taormina, do you want to explain how zoning levels work?
Mr. Taormina: The R-1 zone establishes minimum lot sizes that are smaller than
R-2. If the developer wanted to construct homes on larger lots,
they could do that. If they came back with a plan with lots that
were larger than the minimum sizes established in the R-1 district,
they could do that without rezoning to R-2. Of course, it is always
something they could do. I don't know what the purpose would
be. If the R-1 zoning is created, there is nothing that prohibits
them from building on larger lots without having to go through the
rezoning process.
Mr. Wilshaw: The basic idea is that this is the minimum sizes that are being set.
If they choose to build larger lots, they can do that, but they can't
go to smaller lots.
Mr. Taormina: Just for clarification, the R-2 district requires lot sizes of 70' x 120.
They are 10 feet wider than what the R-1 requires.
Mr. Wilshaw: I hope that makes it clear for you, Ms. Franklin,
Ms. Franklin: Thank you, that answers my first question. My second question
is dealing with sewage. I am the property that has the entryway,
both to my driveway as well as the side of my house in which the
access for water and everything you do to actually
September 2, 2020
29712
connect ... years before there was a repair that was done in that
area and I haven't received any flooding of that nature. My
question is, there was only a school there. With 39 more houses
and more usage for sewage and water and things of that nature,
has there been a study done in terms of it's okay to put 39 houses
there without stressing the system?
Mr. Wilshaw: That is a question that we can pass along to the developers and
they can talk a little bit about what infrastructure is in place and
what changes if any would need to be made when we get a
chance to go back to the developer and speak with them in a few
moments. Okay?
Ms. Franklin: Okay.
Mr. Wilshaw: Is there any other questions or comments that you would like to
pass on to them while you have a chance?
Ms. Franklin: No, just thank you. Those were my two questions.
Mr. Wilshaw: Thank you, Ms. Franklin. We will try to get those...we got one of
them answered and we will try to get the other one answered for
you as well. Thank you for attending this evening and you can
continue to listen. We will go to our next person that wishes to
speak, which is Carolyn Johnston. There we go.
Carolyn Johnston, 14225 Lyons, Livonia, MI, and my backyard is directly by Dooley
Park. I guess my concern...) am not looking forward to having
hundreds of new cars driving down my street. A hundred new
cars driving down my street. I am not looking forward to not
hearing baseball, but that detention pond is the thing that bothers
me, because behind my house is where a lake forms every time
it rains. My house is not far from that detention pond. I also think
that this Dooley Park is going to have way too many people in it
once all of those houses are built. I have been here 30 years and
I loved having the school there, but the thought of having all of
those houses and if I am an R-1 and I have small lots, there really
isn't anything preventing the developer from thinking about
putting in attached condos or apartments, which is definitely not
what I would like in my neighborhood.
Jr,
Wilshaw: The attached condos or apartments would not be permitted in this
zoning, so you don't have to worry about that happening.
Ms. Johnston: I just don't know where all of those people...) don't know... it just
seems like a lot of people that I don't know. I'm going to look out
my backyard and see two-story houses and I am not sure how
September 2, 2020
29713
that
is
going to
affect my property value since I live in a house
that
is
64 years
old.
Mr. Wilshaw: That is a very valid question and we will talk to the developer
about that. I hope they will have some information about how that
affects property values in the neighboring area. Thank you, Ms.
Johnston for your comments. We appreciate you attending this
evening. We ask that you continue to listen in and we will go to
the next person that wishes to speak. I do have Ms. Franklin is
asking to speak again and Mr. Priest. I am going to go to Mr.
Priest. He already spoke once, but we are going to give him
another chance to speak and then we will wrap up the comments
here. Good evening, Mr. Priest, again.
Mr. Priest: When we design a subdivision and then subdivision is built, we
are required to come up with the drainage pattern for the entire
subdivision. All the rainwater that comes on to the site will be
diverted into the pond and typically when there is a school site
there, they really didn't have any requirements to the school to
grade their property. For example, all of these lots that back up
to us on Lyons Avenue, I made the lots deeper on our subdivision
so we could provide a swale running north and south and we will
put catch basins in at various points to pick up any water so that
none of the water will go into the backyards that are there. The
swale will be lower than the grade at the fence. Most of that has
a fence. Schools didn't really provide much drainage other than
to drain their parking lots and the area immediately around the
school. The requirements are much different for a subdivision.
We will not be causing any drainage to go easterly into the back
of those people. That's it in a nutshell.
Mr. Wilshaw: That is a good point, Mr. Priest. That is something that we have
seen over the years that... it takes a little bit of thought to
understand this from an engineering perspective. Typically,
when a property is developed, people think that it will often cause
more water issues when the reality is the roofs and gutter
systems and swales and catch basins and so on, actually tend to
provide a better water management solution than just open land
or certainly a large parking lot where the water just sheds right
into other peoples yards. Those are all good points. Thank you
for your comments again. I am going to go to Ms. Franklin who
also wants to make an additional comment. We do want to get
back to our developer and our petitioner and get answers to some
of these questions, so we do ask that we don't have too many
repeat questions, but Ms. Franklin, you had some additional
information that you wanted to provide? Let me let you unmute
yourself then.
September 2, 2020
29714
Ms. Franklin: Thank you for allowing me to speak one more time. I had an
opportunity to go to some of the meetings for the development
that is across the street. The new one. They did ask for the R-1
first and then after much planning, things had changed that it
became an R-2. I noticed that you had said for this development
that it would stay an R-1. Is that something that will actually,
when it is approved, that will be stated that it has to be an R-1?
Mr. Wilshaw: What the petitioner has requested, Ms. Franklin, is R-1 zoning.
We do not have to approve that. We can deny this request. We
can approve or recommend that it be R-2 or some other form of
zoning. Mind you, at the Planning Commission our
recommendation is simply that. It is a recommendation that goes
on to City Council and City Council will ultimately approve or deny
the request. Again, there are opportunities for it to change from
R-1 to R-2 if that is what the City Council wishes to do. Your
example is actually a very good one of the development to the
north where the petitioner asked for R-1, but it was felt that it was
not appropriate and R-2 would be a better zoning for those lot
sizes. That is what was approved. No decision has been made
at this point, but you will be hearing a decision made, as far as a
recommendation from us, which will go on to City Council this
evening.
Ms. Franklin: Thank you.
Mr. Wilshaw: Your welcome. Ms. Shockling would like to make an additional
comment, so I will let her do that.
Ms. Shockling: Thank you, I appreciate the extra time. I just have a quick
question for the developer about the bio-swale and retention
basin. Is it going to be open or is there something that is going
to go around the perimeter to prevent children from going into it
since the park is right there? I was just wondering if they could
explain a little bit more of what that bio-swale is going to look like.
Thank you.
Or.
Wilshaw: That is an excellent question. We will pass that along to the
petitioner. We may not have all the details about that at this point,
because again, we are talking zoning, but they may have some
information about that, so we will see what they can provide. If
not, it will certainly be a part of the site plan.
Mr. Taormina: Before we have the petitioner comment on this, I just want to
caution that, whatever their intentions are, is not necessarily the
way it is going to be approved. Our Engineering Department has
September 2, 2020
29715
not had a chance to review this. They could determine, for
example, that the swale is not appropriate or that it needs to be a
different type of storm sewer or design. He can tell us what his
intentions are at this stage, conceptually, but in fact that could
very well change. I just want to make that clear to everybody
including the petitioner.
Mr. Wilshaw: That is a good point, Mr. Taormina. I appreciate that. Everything
is very conceptual at this point in terms of anything you see on
the screen of the site plan. We are strictly talking zoning as far
as decisions this evening. Just want to reiterate that. I don't see
anyone else wishing to speak on this item, so we are going to go
back to...Mr. McCabe has an additional question or comment so
we will give him a chance and he will be our last one this evening.
We will then go back to our petitioner. Mr. McCabe, you can
unmute yourself. Good evening.
Mr. McCabe: Thanks for the extra chance. We were talking about zoning
tonight, but there are a lot of technical questions that I had. I
skipped because we were talking zoning. Will there be another
chance to talk the technical aspects, because I do have a lot of
questions.
Mr. Wilshaw: Yes, definitely. There will be. What we are going to decide
tonight is our recommendation on zoning and then that will go on
to City Council where they will make a decision as well. Typically,
what happens is that the City Council will make a motion and they
basically hold the process until a site plan is developed. That site
plan process starts back with us again. It will come to the
Planning Commission and that is where we are really going to
noodle out the details of this layout that you see, and the retention
basin, the appearance of the homes, and all of those types of
things will be discussed in detail. It will certainly be a chance for
all of our audience members to participate again in that. Then,
when we make our recommendation based on the site plan we
see, that will also then go on to City Council for approval. There
is going to be basically four shots at this. Two at the Planning
Commission and two at City Council. The first set of decisions
are for zoning and then second set of decisions are for site plans.
I hope that makes it perfectly clear.
Mr. McCabe: It does, thank you.
Mr. Wilshaw: Appreciate your question. Thank you for asking. With that, I am
going to go back to Mr. Michaelson or any of the other petitioners
that are with us this evening. You have heard a number of
questions that have been asked and comments from the
September 2, 2020
29716
audience regarding traffic in the area, the capacity of the
infrastructure, some flooding concerns, and if you would like to
address any of those this evening you can. Again, we are trying
to not get too deep into the site plans because that is not what is
before us, but obviously we have some folks that live in the area
and have some valid concerns and points to make. We want to
make sure that they are included in this process. Is there
anything you would like to add to this?
Mr. Michaelson: Let me first say that I understand all of the concerns. We have
been doing this...I have been doing this for close to 40 years. We
go through this with all of the developments that we propose for
rezoning or for site plan approval. I am well aware of the
concerns of all of the residents surrounding this.. Just a couple in
general comments is when we develop a community like Mike
Priest was just saying, we actually improve the drainage so the
neighbors that have had problems with...when the school was
there, those problems are going to go away because we are
going to have underground storm sewers and we are going to
have catch basins. We are going to have...each house will have
a sump and it will be outlet into underground storm sewer not on
the property. It actually improves any of the issues that they may
have had. That is something that our engineer will work with the
City Engineer and they will come up with a great plan. Plus, it
has been mentioned that we retain all of the water in the retention
and then it out lets at a slower pace underground into the storm
sewer system. I can put their mind at east that it is really going
to improve any problems that any of these homeowners have had
nearby. The other thing we find is nobody wants to see the land
behind them that is vacant improved. It was that way when their
subdivision got developed. People who lived next to their
subdivision felt the same way, but it really works out very well in
the long run. What happens is, we put in the nice housing and
the property values surrounding in the surrounding areas actually
improve. They go up. We do a lot for the community. I know
that they are reticent about this but that is the way it has always
worked. It fills in nicely. As far as Lyndon goes ... we have 10 lots
that are going to be on Harrison so there is 29 that will be entering
on Lyndon. It really isn't a lot of traffic. I know it is hard to explain,
but people come and go at different times. People are home
during the day. They are working at home now, so you don't get
the traffic that you think you are going to get. I know it is hard to
convince you of that, but it is really true that you don't get a lot of
traffic. People are going and coming at different times. I just feel
that understanding the concerns of something new coming your
way, it is... if you research it further, you will see that it is actually
a big improvement. Mike Priest has already spoken on the
September 2, 2020
29717
drainage issues, but he can verify data. He was the City Engineer
at one time many years ago and he does our engineering... he is
going to do our engineering on this site, and it has worked out
very well. So, I don't know if anybody from our group has
anything to add to that.
Mr. Wilshaw: an you, Mr. Michaelson. We appreciate those additional
comments. Are there any questions this point from the
commissioners for our petitioners? I don't see any questions for
our petitioner. Is there anyone else... actually, I did want to make
one comment. In regard to some of the questions from the
audience, some of the residents that live in that area who
addressed the use of the property and the school sale of it. I just
wanted to point out that the city had no involvement in the sale of
this property or the choice of the school district to sell this property
and to not use it as a school any longer. That was a choice made
by the School Board and once that property has been sold to a
private party, whoever that party is, they now own that property
and they have property rights to use that property as they feel
best for them. If they chose to buy it and keep it park land, they
could do that and pay the taxes on it and leave it open. if they
chose to develop it for residential use, that is what they did in this
case and they certainly did that to gain profit and make money,
just like any of the other properties throughout the city that is
improved and developed over the course of time, including the
subdivisions that you live in. That is private property rights in a
nutshell and as much as it would be nice to keep all of these open
areas open that was a decision made by the school district and
we had no involvement in it. All we can do at this point is say
what type of zoning is appropriate for this property. We can't
keep it Public Land because it is not publicly owned anymore. It
needs to be rezoned to something appropriate. What we have
before us is a request for R-1 residential and that is what we are
going to decide. I just wanted to make that point and help
educate anyone in the audience who had asked about the school
district's decision to sell the property. If there is anyone else on
the commission with any questions or comments for our
petitioner, and if not, I will close the public hearing and a motion
would be in order.
On a motion by Smiley, seconded by McCue, and unanimously adopted, it was
#0942-2020 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on September 1, 2020, on
Petition 2020-07-01-04 submitted by Adams Park Development,
L.L.C. pursuant to Section 23.01 of the City of Livonia Zoning
Ordinance #543, as amended, requesting to rezone the
September 2, 2020
29718
properties at 14416 Harrison Avenue and 28201 Lyndon Avenue
(former Adams Elementary School site) located on the south side
of Lyndon Avenue between Inkster and Middlebelt Roads in the
Southeast'/4 of Section 24 from PL (Public Lands) to R-1 (One
Family Residential) the Planning Commission does hereby
recommend to the City Council that Petition 2020-07-01-04 be
approved for the following reasons:
1. That the proposed change of zoning is compatible to and in
harmony with the surrounding residential uses and zoning
districts in the area.
2. That the proposed change of zoning will provide for asingle-
family residential development similar in density to what
exists in the neighboring area.
3. That the proposed change of zoning is consistent with the
existing character of the area.
4. That the proposed zoning change does not obstruct the
goals, policies, and objectives of the Future Land Use Plan,
and
5. That the proposed change of zoning of the subject property
represents a reasonable and logical zoning transformation
which adheres to the principles of sound land use planning.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 23.05 of
Zoning Ordinance #543, as amended.
Mr. Wilshaw: Is there any discussion?
Mr. Wilshaw, Chairman, declared the
motion is carried and
the foregoing
resolution
adopted. It will
goon
to City Council
with
an approving
resolution.
ITEM #2 PETITION 2020-07-02-06 Biggby Coffee
Mr, Caramagno, Secretary, announced the next item on the agenda, Petition 2020-
07-02-06 submitted by Ed Buison requesting waiver use approval
pursuant to Section 11.03(c)(4) of the City of Livonia Zoning
Ordinance #543, as amended, to operate a limited service
restaurant with drive -up window facilities (Biggby Coffee) within
the Livonia Crossroads retail center at 11502 Middlebelt Road,
located on the southeast corner of Middlebelt and Plymouth
Roads in the Northwest'/4 of Section 36.
September 2, 2020
29719
Mr. Taormina: This is a request to operate a limited -service restaurant with
drive -up window facilities. It is at the Livonia Crossroads
Shopping Center, at the southeast corner of Plymouth and
Middlebelt Roads. This shopping center contains roughly 23,000
square feet of leasable space. As you can see from the zoning
map, it is zoned C-2 (General Business). The site is surrounded
by commercial properties. The petitioner is seeking approval to
operate a limited -service restaurant pursuant to Section 11.03(c)
of the zoning ordinance. This Biggby Coffee restaurant would be
classified as a limited -service restaurant because its interior
seating capacity is less than 30. In this case, it would be 24. The
proposed restaurant would occupy a vacant 1,700 square foot
space that is in the northeast corner of the building. This building
faces north toward Plymouth Road. The floor plan submitted with
the application shows how the restaurant would be divided up
between the dining area, the service counter, kitchen, storage
facilities, bathrooms, and other rooms. There is no outdoor
seating proposed with the restaurant. A drive -up window is
shown along the east side of the building. The traffic lane serving
the drive -up would loop around the south and east sides of the
building. Drive -ups are required to have waiting space for at least
four cars, not including the space that is directly in front of the
pick-up window. In this case, the length of the drive behind the
building is more than sufficient to meet this requirement.
However, the real concern is that not enough clearance exists
between the building and the property line to include both a drive -
up traffic lane and a by-pass lane. This area is currently used for
a variety of services, including utilities, trash pick-up, and
loading/unloading. I will note that there was quite a lot of
discussion about this at the study meeting and the petitioner is
working on making the changes to provide enough space so that
cars in the drive thru and other service vehicles can safely
maneuver behind the building. Additionally, the parking lot would
be reconfigured to facilitate better traffic flow for both the patrons
of the drive -up, as well as other businesses in the shopping
center. At this time, there are no exterior changes proposed for
the building other than signage. The restaurant would be allowed
one wall sign no larger than 57 square feet. The plans show two
wall signs. One on the front of the building facing Plymouth and
then another in the southwest corner of the shopping center
facing Middlebelt. This one is primarily needed to help direct
traffic to the drive thru. With that, Mr. Chairman, I can read out
the departmental correspondence.
Mr. Wilshaw: Yes, please.
September 2, 2020
29720
Mr. Taormina: The first item is from the Engineering Division, dated July 28,
2020, which reads as follows: `In accordance with your request,
the Engineering Division has reviewed the above referenced
petition. We have no objections to the proposed waiver use at this
time. The existing parcel is assigned the range of addresses
#11500 to #11516 Middlebelt Road and #29223 Plymouth Road,
while the overall parcel is assigned the address of #11500
Middlebelt Road. The existing parcel is currently serviced by
public water main, sanitary sewer and storm sewer. The
information submitted does not show proposed alterations for the
utility services, so it does not appear that there will be any impacts
to the existing systems. It should be noted that if any work is to
be completed in the Plymouth Road or Middlebelt Road right-of-
way's, the owner will need to obtain permits from MDOT or
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 July 28, 2020, 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." The letter is signed by Greg Thomas, Fire
Marshal. The next letter is from the Division of Police, dated July
28, 2020, which reads as follows: `I have reviewed the plans in
connection with the petitions. I have the following concerns
regarding the layout. The alley way behind the business on the
south side is only wide enough to suit one-way traffic. I personally
drove through the alley and observed it to be just wide enough to
fit only one vehicle going in either direction at a time. The
proposition of utilizing a drive thru lane along the eastside of the
building does not seem feasible as there needs to be room for
delivery traffic to reach the businesses located in the complex
immediately to the east of Biggby Coffee. I am also concerned
with vehicles exiting from the drive thru attempting to make a left
turn onto westbound Plymouth. The driveway is very close to the
intersection at Middlebelt which has a high volume of traffic. I
believe there is a safety issue with vehicles trying to turn left from
that driveway. I believe these areas need to be addressed and
improved to allow for proper operation of the business and the
flow of traffic around it." The letter is signed by Scott Sczepanski,
Sergeant, Traffic Bureau. The next letter is from the Inspection
Department, dated August 25, 2020, which reads as follows:
"Pursuant to your request, the above referenced Petition has
been reviewed. 1. There are several egress doors that exit out
of adjoining suites that will be hindered based on the proposed
drive thru lane. There does not appear to be enough width to the
East side of the building to accommodate the drive thru. There
are also gas meters located on the east side of the building that
September 2, 2020
29721
would be required to be protected from regular traffic. 2. A
variance from the Zoning Board of Appeals would be required for
the signage as proposed. 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 July 28, 2020, 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. I 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 $629.74 ($339.29 past due since
5/11/2020)" The letter is signed by Connie Kumpula, Chief
Accountant. The next letter is from the Treasurer's Department,
dated August 4, 2020, 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. Lastly, we have two emails
from residents. The first one is Jeanette Paige, dated August 16,
2020, and she gives her address as 29148 Elmira Street and
reads as follows: " Regarding the petition to add a Biggby Coffee
at the corner of Middlebelt and Plymouth Roads, I do have a
concern. There have been 2 other Biggby Coffees located on
Plymouth Road and both went out of business. There was one at
Farmington and Plymouth and the other one was located just
across the street from the proposed location of Middlebelt and
Plymouth. If 2 other coffee shops failed within the same area, why
is it necessary to build another one? Also the original location at
Middlebelt and Plymouth did have a drive thru. Why can't a
location be found with an existing and vacant property to be
used? FYI - I didn't find Biggby to be that good and will never use
it again. I am wondering if that is the reason the other two closed.
Thank you for letting me voice my concerns." Lastly, we have an
email from Megan Ellis, dated September 1, 2020, which reads
as follows: "To the Planning Commission this is my letter
discussing why I am against having a Bigby built near my house.
I feel if the Bigby is built on that corner it would increase traffic at
the corner leading to not being able to turn off Elmira on to
Middlebelt. It's hard enough to be let into Middlebelt now. A drive
through at the corner would just be a disaster. Also the
intersection of Plymouth and Middlebelt is the most dangerous in
the city and does not need more traffic. Many people who do not
live in the condos cut through the alley. Traffic around the Bigby
could lead to more drivers cutting through the alley too fast.
Putting the kids that live here in danger. Speaking of kids being
September 2, 2020
29722
in danger there is a bus stop just a block down from the corner.
It's visible from where the shop would be. I don't think we need
an influx of strangers near the bus stop. People already jump into
Middlebelt making a left from the driveway next to the smoothie
place. It's so dangerous and there is no traffic light there. More
people will try to drive across Middlebelt from that drive way to
the Bigby. It will bring more noise into the condos and litter in the
street. We already have enough litter blow in from the road. Does
Mr Buison know that a Bigby went out of business across the
street where the smoothie place is? If his Bigby goes out of
business we will have an abandoned building next to the condos.
No one wants that. This concludes my letter. I hope the planning
commission will consider the items in my letter." That is the
extent of the correspondence.
Mr. Wilshaw: Are there any questions of the Planning Director?
Mr. Wilshaw: We do have our petitioner here this evening. Mr. Buison, and the
property owner, Mr. Houbba, is here.
Ed Buison, 9289 Liberty Court, Livonia, MI, good evening. How is everybody?
Mr. Wilshaw: Good evening. We are good, thank you.
Mr. Buison: So, I do have with me a few others. Mike Houbba who is the
property owner. He purchased the property I believe earlier this
year in January. I do have another person. His name is Bob
Perry. He owns a number of Biggby Coffee stores. One being in
Livonia. He is also in charge of supporting existing stores and
helping new stores start up within Wayne County. Then I have
another person, Diane Parker. She is another Biggby Coffee
owner who is in Flat rock. She is also a tenant at another property
that Mr. Mike Houbba owns. For myself, I own one Biggby Coffee
location in Livonia. It is along on the corner of Newburgh and Ann
Arbor Road. Basically, about seven years ago, just to give you
an idea of what Biggby Coffee is about... they are a Michigan
based company. They are focused on quality products through
sustainable farming throughout the world. Clean label
ingredients, and of course, people. Myself and my wife, Eileen,
our philosophy of a business purpose in a community is to serve
the people around it. That is not just the products or things to
sell. That is really about what we can do to be an asset to the
community. To help the people around us. Which is why we
chose Biggby Coffee seven years ago when we were evaluating
different concepts. They put such a focus on the community. A
little bit about myself, I grew up in Livonia. I went through the
Livonia schools, graduated from Stevenson High School, and I
September 2, 2020
29723
still live in Livonia. The reason I chose Livonia to put the first and
now the second is because I believe that I want to give back to
the community through Biggby coffee. To address some of the
concerns about the Biggby coffee that was brought up at
Plymouth and Middlebelt, before to be honest I don't know that
owner. I know he is no longer in the system owning a franchise.
I know that he was not an active participant in his business, which
is why with any small business if the owner checks out it declines.
Obviously, I feel that it is going to be different with me because of
how I run a business and how I am with the community. I work
with Livonia Public Schools. I do fund raising for the kids for their
sports teams and events that they have in school. Things like
that. I am a part of the Chamber of Commerce. I have worked
with Livonia Lions Club to donate food to St. Mary's staff,
especially during the beginning of the pandemic. I am a secretary
on the Board of Directors for the Community Alliance Credit Union
which is also in Livonia. I really believe that I am an asset to the
city because I want to give back. To be able to do that and to be
able to keep my doors open the need for a drive thru is very
important. My first location on the other side of the Livonia does
not have a drive thru and it is just hanging on to be honest. It will
be six years there. We are doing what we can, but a drive thru
was needed before the pandemic and especially needed now. I
think the landscape of the food and retail industry is changing
because of what we are going through. A drive thru is even more
important to have. I have asked Bob Perry to come here to speak
tonight because he does know some overall figures without giving
away any confidential information of how it goes with having a
drive thru store sales wise and not having a drive thru and what
we are seeing the differences are. For Diane Parker, she is going
to testify to that as well because when she first opened her store,
I believe about five years ago, she didn't have a drive thru. She
was in the middle of a plaza and like myself, the business was
struggling. She made a decision to open a drive thru. She
worked with the City of Flat Rock to overcome some challenges
and she was able to open. So that is one thing I would like Diane
to speak to and the second is that Livonia is a beautiful city. I
think the city does a good job in requiring landscaping and green
space and beautifying a property and the intersection at Plymouth
and Middlebelt is one of the highest profiled in the city. We need
to make it look nice. So, Diane, in that plaza where she is in Flat
Rock, she experienced how it was before, Mr. Houbba purchased
the property, and how it was after the improvement he had done
to property to make it look nice and attractive and safe for the
customers and neighboring residents in the community. Just to
go through this plan, and I know there was a lot of discussion last
week at the study meeting, we have revised some of our plans as
September 2, 2020
29724
you can see here. One of the biggest concerns was landscaping
around the property. You can see noted here there are some
more islands that see landscaping. I know Mike is working with
his landscaper to see things like mulch, plants, bushes, things like
that that will be able to resist...I guess they are hardy, so they
can beautify the property. On the south side, the south alley, we
have designated that to be a one-way traffic because it is about
20' 9" so that it is enough for one car to go through. Coming
around the corner, there was a concern of a blind corner when
you make a left turn to the east alley so we are going to put in a
large mirror on the southeast corner to be able to see as you are
coming along the alley to see if there are cars or any obstructions.
As you come around the corner there is an order station there.
The other thing that caused concern was the width of the alley on
the east side. Currently it is 21 '/z feet, so what we are going to
do is to the bollards that are there protecting the meters, we are
going to move them 6" towards the building. Right now, they are
2 Yz feet. By doing that it will still give 2 feet from the building, the
bollard, and allow room for the meter to protect the meter and
open up 22 feet from edge of the bollard to the other building,
which from my understanding is enough for two cars to fit side by
side. There is an egress or easement agreement between this
property and the one adjacent that allows for traffic pass back and
forth to both properties. One of the other things to note is the
dumpster location is turned so that the garbage truck would not
have to pass through the adjacent property like it does now. They
are going to build an enclosure. A brick enclosure that you can
see on the right-hand side of the site plan, the schematic of the
enclosure for the dumpster. That way it isn't an eye sore as you
come around the corner. Of course, lighting would be redone in
the alley to make it bright and safe. Of course, being mindful of
the adjacent properties. We don't want any light to spill over into
the south or east unnecessarily so shrouds would be installed. In
terms of exiting the building through the back doors for garbage
disposal, we will target to look to dispose of garbage at lower
times of the day or another alternative would be to store the
garbage inside the unit and dispose of it after close of business.
We do close by 9:00 p.m. so any traffic would be done by then.
Otherwise, there are some directional signs throughout the plaza
to help cars navigate through the parking lot to find the drive thru
access around the building. I believe that covers most of the
things there. I would like the people that I had invited to speak
on this behalf between Mike, Bob and Diane. If you guys could
give your comments.
September 2, 2020
29725
Mr. Wilshaw: Thank you, Mr. Buison. They are... all your invited guests are with
us this evening and they are able to speak. Mr. Perry, I believe
is already unmuted. Good evening.
Bob Perry, Biggby Coffee owner in Livonia, good evening, you can hear me well, I
hope?
Mr. Wilshaw: We do.
Mr. Perry: Excellent. Mine is a brief comment, but I think an important one.
The reason why a drive thru store or a Biggby drive thru is critical
at this point in time is...I did some running of data for August 2020
for Southeast Michigan drive thru stores compared with non -drive
thru Biggby Coffee locations. The drive thru stores had 46%
more sales than the non -drive thru stores. That averages out to
about $790 per day in sales, which in the coffee business is a
significant amount of sales. That is do or die type of numbers for
a coffee shop the size of a Biggby Coffee shop, so that is very
important. The drive thru stores are growing. Their sales are up
37.8% on average. The non -drive thru stores are in negative
sales growth at a (7.5%). There is a massive difference, a
significant difference between a drive thru location and non -drive
thru location, particularly given the state we find ourselves with
the pandemic. I just thought that those type of numbers would be
relevant for a discussion of why it is so critical that this location
be allowed to have a drive thru. I think one of the questions in
the last study session was could it be opened without the drive
thru window. I think the numbers I just quoted show why we feel
passionately that the drive thru is absolutely essential for this
location given the state of affairs we find ourselves in. That is all
the comments I have today unless there is questions.
Mr. Wilshaw: Thank you, Mr. Perry, for your comments and the data you
provided as well. We don't have any questions for you at this
point. We will let some of the other folks speak and we can
always circle back to you. Ms. Parker, good evening.
Diane Parker, Biggby Coffee owner in Flat Rock, thank you for letting me speak. I
am the owner of the Biggby Coffee in Flat Rock, Michigan. I
opened my store in 2016 as a non -drive thru store. I am located
in the middle of a plaza similar to what you have there, but mine
is more of a straight plaza. Approximately twenty-five feet off the
road and we have parking in the back. That allowed me to do a
drive thru that is a little bit different than what yours is. Of course,
I had to meet the challenge of being in the middle of the plaza
and we had initially had thought to go around the building like
your plan, but I met with some safety concerns and the City of
September 2, 2020
29726
Flat Rock actually sat with me and my landlord, Mike Houbba,
and helped us to work around the concerns about safety to work
with my business to allow me to open that drive thru and I did.
So, in November of 2018, 1 have had my drive-thru less than a
year and a half and to differentiate Bob Perry's numbers and what
a drive thru does for an existing store that gets a drive-thru, not
one that has been a drive thru for the whole time, my August
numbers were 66% increase in gross and 68.9% increase in net.
That is over the last year with a drive thru. I say those numbers,
not to brag, but to say that they wouldn't have been that high but
for COVID. It is a new generation. A new way of doing things.
People are looking minimize whatever amount of contact that
they can have. My second point is Mike Houbba as a landlord,
he is an unknown entity to you, and he was an unknown entity to
me when I first opened my business. I actually signed with a
different landlord and found out I had a new landlord one month
later. I had addressed all of my concerns with my present
landlord when I occupied my space but I had raised issues about
lighting and curb appeal and the like, and Mike Houbba had just
bought the building and I was really thrilled to see that the first
thing he did was fix the lighting because that is a security issue.
That is a safety issue. When we did the drive thru we worked
with the city on putting deflectors on the lights because I do not
have a wall in the back of mine where my drive thru is, but I do
have residential homes about 100 feet away. They were
concerned about the noise and lighting and we worked with the
city to tackle everyone of those issues. We have never had any
complaints, which is nice. We have also had many compliments
because we did a lot of landscaping in the back. We put up
arborvitae to hide a dumpster where the garbage is. That is not
something everybody wants to see from their back yard, so
Mike's Landscapers put in arborvitae. They did a lot of
landscaping around where my drive thru was so that the people
that were coming up through the drive thru also got a very
esthetically pleasing visit. Approximately two years ago after he
had owned the building for a couple years, he also did a major
remodel of painting, redesign... it brightened up the building and
it is now one of the premier buildings in Flat Rock. If you have
any questions, I will be more than happy to answer anything.
Mr. Wilshaw: Thank you, Ms. Parker, for your comments. Do we have any
questions for Ms. Parker? I think we will probably be asking them
shortly, but if there is nothing at the moment, we will just ask that
you stand by there and you can chime in if you need to. Thank
you for your comments. I think the only other person on the team
is Mr. Houbba who is also able to speak this evening. Good
evening, sir.
September 2, 2020
29727
Mike HOubba, owner of the Crossroads Shopping Center, hello everyone. I think
Ed, Diane, and Bob did a wonderful job of explaining, especially
the changes that were of concern. Like Diane said, we look at
and value every property. We value every tenant and I am the
type of landlord that... and Diane can testify to this, that when you
call me at midnight, I will answer the phone. We are very
dedicated to our properties. Our future...we would like to see this
property be enhanced. There is a lot of potential here. One thing
we are trying hard for Ed, just like I did for Diane... one thing about
Diane, when she approached me about a drive thru on Tel -View
Plaza I couldn't think of how she wanted to do it, but when we got
more involved and she gave me a game plan, we tackled it. It
was going to work, and the city worked with us of course. There
was challenges but we worked them out. Same thing with this. I
am seeing Ed's passion for this business and I want to try and
make this work as much as possible for him. Just because I
can...I know what Diane can do and how she operates her
business, it is one of the cleanest businesses in our shopping
center. Other than that, I think Ed pretty much covered all of the
concerns...I am trying to look and as far as one of the emails from
Megan Ellis about it being abandoned, I think we addressed this
issue in our prior meeting, which in the plaza next door the reason
that that Biggby failed was because of the operator and of the
rent being pretty much I thing almost triple what we are asking.
Also, we bought this shopping center in February of 2020. This
unit has been vacant along with the large unit because of COVID
also, we haven't had much activity and the activity that we did
attain... most of the brokers asked us if we have a drive thru. I
understand that this wasn't zoned like this when it was first built.
This was 30 or 40, almost 50 years ago maybe. The trend has
changed and especially, like Diane pointed out, that because of
COVID her business is booming, pretty much.
Mr. Wilshaw: Are you still there with us, Mr. Houbba?
Mr. Houbba: Yes.
Mr. Wilshaw: Great. I did have a question for you. The location in Flat Rock
where Ms. Parker is located, is that the Tel -View Plaza on
Telegraph?
Mr, Houbba: Yes.
Jr,
Wilshaw: Okay,
I
see
what
you do
to place a drive thru in
the middle of the
back of
the
store.
It
is a
very unique design. I
have never seen
September 2, 2020
29728
anything We it. It seems to work quite well. I was impressed by
that .
Mr. Houbba: Thank you, and another thing that she pointed out was that we
remodeled it and we didn't just... we made it look ... we brought it
up to modern times. It wasn't something that the tenants were
necessarily looking for, but we looked for a better way to keep it
clean, but we want to do the same thing to this property
eventually. If you can, I don't know how to pull it up on zoom but
if you want to go to our website taylorinvestments.com and you
will see that we have... it is six properties and we maintain them
meticulously.
Mr. Wilshaw: Sure. We will take a look at that site from our browsers. We
appreciate your comments. We may have some questions for
you this evening, so just hang on a moment and we will see if
there are any questions or comments from the commission at this
point. Any questions or comments for the petitioner this evening?
Mr. Ventura: I am not sure who to address this to, but I think it is most
appropriately to you Bob, but this particular location is in the
Plymouth Road corridor that we have all, in the city, been
concerned with seeing improvements to and seeing new
businesses come to and so having Biggby being interested in
coming here is well received, however, at the study meeting we
talked about a number of things that I don't see or I have not
heard addressed here this evening. For example, we talked
about removing the meters from the backs of the building to make
that drive thru eastern alley as wide as possible. I note that the
drawings shows that it is 25 feet wide between the building but it
is actually not. I was there today and measured it. It is just under
24 feet. Similarly, the dimension on the plan at the southern
aisleway is shown as 22 fee and again it is not. It is just barely
over 20 feet. I feel that if there is going to be a drive thru here
and I certainly agree with all the testimony from Mr. Houbba and
Mr. Buison and everybody else about the necessity of a drive thru
these days, we have to do everything we can to make sure that it
is, number one as (inaudible) and number two as unobstructed
as possible, and number three as findable as possible. I don't
see any notes on the drawing as to how folks are going to be
directed to locate the fact that there is a drive thru here. So, I
guess my question is, Mr. Houbba and Mr. Buison, what
happened to the plans to remove the meters and number two,
where is the signage to show the people where to go and find this
drive thru? Let's deal with the facts in terms of dimensions of the
driveways here. They are narrow and we are going to have
address that.
September 2, 2020
29729
Mr. Wilshaw: Alright, a number of questions have been asked. Mr Houbba or
Mr. Buison, I don't know which one of you wishes to answer
these.
Mr. Buison: Yes, on the plan it does say 24 feet from building to building. As
it is currently with the bollard there is room for 21 'Yz feet, so we
are exploring to move the bollards six inches toward our building
to allow 22 feet. My conversations with Mr. Scott Miller and Mark
Taormina, that 22 feet is enough space to have two cars side by
side. That was our understanding. That is our plan, to move the
bollard over to accommodate the 22 feet on the east alley. On
the south alley, you are correct. It does say on the plan that Mr.
Taormina has up, it does say 20 feet and I believe 9 inches. My
understanding as well is that 20 feet is the minimum for a one-
way traffic which we have designated here. In regard to the
navigational signs throughout the parking lot, they are noted right
there that Mr. Taormina... has drive-thru signs directional. I did
submit earlier a picture of what a sign would look like. Typically,
it would say Biggby Coffee Drive Thru with an arrow pointing in a
certain direction. We can also do arrows. Not striped arrows but
on the pavement directing people of where to go to access the
drive thru along the south alley. I don't know, Mike, if you wanted
to add anything to that.
Mr. Houbba: No, I think you covered most of their concerns. You mentioned
that there is going to be 11 feet for a by-pass lane and 11 fee for
the drive thru lane, correct?
Mr. Buison: Correct. I did say 22 feet total. It would be 11 feet and 11 feet.
Mr. Houbba: Okay.
Mr. Wilshaw: Okay. Mr. Ventura, does that answer your questions?
Mr. Ventura: Yes, as far as it goes. The drawing that I am looking at in our
package tonight doesn't have the detail that the one on the screen
does. So, I didn't see the notations for the signs and the
dimensions of the drawing on the screen again are different than
the ones in the packet, so I guess the ones on the screen are a
little righter than the ones in the package that we got
electronically.
Or.
Houbba: Mr. Ventura, I believe in the last meeting and I am not sure if
anyone mentioned, we will repave the alley because it is in poor
condition. That was a concern as well.
September 2, 2020
29730
Mr. Ventura: Yes.
Mr, Wilshaw: Good point. Thank you, Mr. Houbba. Thank you, Mr. Ventura.
Mr. Long?
Mr, Long: A couple questions. I see how you turned the dumpster and I
like that you are addressing that I guess, and I know that Ed said
that we may just hold on to the garbage until the end of the day,
but at the study meeting I believe it was discussed that all of the
units in this place would use the dumpster. Is that correct and
are you able to limit all of them going out there during the day?
Mr. Houbba: I believe that it can be accomplished. The one unit that will be
affected directly is the Disk Replay, which is a computer store, or
a gaming store. They are very reasonable, and they will
probably... their hours are probably similar to Biggby Coffee. I
think they close at 9 p.m. as well. I did get a verbal from them,
which they will agree to some sort of, like Ed mentioned, storing
the garbage inside until closing time.
Mr. Long: Okay.
Is
that a scheduled pick up or do we
have any control over
when
the
garbage company comes to pick
the garbage up?
Mr. Houbba: We are still working towards that. I think we can have this
scheduled. I don't think that...
Mr. Long: Because obviously
that is
a concern, right? I mean (inaudible)
when you have five
cars lined
up there you are
going to have a
problem. There are
doors
currently. Rear doors
on the units that
empty out into this
alley
right now. Do those
get used on a
regularly? Are they
just a
fire door?
Mr. Houbba: Well, the Disc Replay, you will see two doors there and one door
doesn't get used. One door...because they took two units when
they leased their space, so pretty much that is two spaces in one.
By they way, if the dumpster truck drives around the building and
if there is drive thru traffic in the alley just before the dumpster,
he wouldn't be able to get through there anyway so he will have
to wait for them.
Mr. Long: Yeah. I think we all...l shouldn't speak for others, but I would like
to figure how to make this work, but I have great concerns about
the tightness of the alley. We will see how it plays out. I
appreciate your answers. Thank you.
Mr. Wilshaw: Thank you, Mr. Long. Do we have any other questions from the
commission for our petitioner?
September 2, 2020
29731
Mr. Caramagno: I share the concerns of the dumpster. I think the positioning of
the closure is, from what I see on the screen, not well set up for
a garbage truck at any time of the day to get in there. The radius
is tight and then you have traffic trying to come through there.
You are just asking for collisions with potential injuries. That is a
problem that I see. The second thing would be deliveries. I am
assuming that this alley is used for deliveries to the other
businesses and I would assume deliveries to the coffee shop as
well. How will that impact the activity in this alley?
Mr. Buison: I can only speak for what I can do from my unit, but we can
instruct our deliveries. We only get it once a week. It is
scheduled. We can have them utilize... anywhere in the parking
lot, in the front of the building so they can wheel their products
through the front door and not have to use the back door. I know
we use the Sysco Warehouse. They are very... they work with
what we need it to be so they can give us the deliveries and have
it safe for their drivers and the truck as well. So, we can instruct
them to park maybe in the front part along the street. They can
use their dolly or cart to bring in the products through our front
door.
Mr. Caramagno: Do you have any concerns about safety? I know that Glen talked
about these man doors in the back of the building. Do you have
any concerns about safety for people exiting or entering? It looks
like it is a problem waiting to happen.
Mr. Buison; Sure, I understand. For us, the only reason that we would need
to go into the back door would be to throw away garbage. That
is why we are proposing to just store it until there is no traffic back
there. There wouldn't be a drive thru line after close. That way
we can exit safely and not have an issue with a car right in front
of us coming through. I believe, like Mike said, that the tenant
right below us, Disc Replay, would be aggregable with something
like that as well.
Mr. Caramagno: Did I hear you say in the study session that you have a joint
agreement with the building to the east of you? You can utilize
that rear parking lot for something?
Or.
Houbba: Yes, and currently the dumpster gets picked up using via their
property. Currently the dumpster is...l think where it is positioned
right now as shown, but it faces the east property. The dump
truck simply comes in from using the property next door to us or
the east and just picks it up that way. That was another option,
but we didn't feel that was the best option. What we could do is
September 2, 2020
29732
leave the dumpster where it is and build an enclosure around it
the way it is with gates and have some sort of crosswalk or you
know... do not block that section.
Mr. Caramagno: The way the dumpster is...l was back there today myself and the
way the dumpster is now is a better way to approach it. I will say
that there is another problem there. That dumpster is right
against your block wall in the back of your building. Without
bollards there to keep it off the wall, you are going to have a
problem there eventually. It is going to push right through the
back of the building, (inaudible)... doing that is also going to take
away the space of that alley which continues to be my concern. I
understand $800 a day in coffee sales is great, but we are
jamming it into an alley that I don't care for.
Mr. Wilshaw: Thank you, Mr. Caramagno. Mr. Long, and Mr. Perry would like
to make a comment. We will get to you in a moment, Mr. Perry.
Mr. Long?
Mr. Long: One more thing for the other Biggby owner. I am not a coffee
drinker so I don't know, but I would assume that most of your
business is done in the morning. Is that correct or do you have
any kind of... can you help me out with that? Is most of the drive-
thru business done early on or by noon or is it steady throughout
the whole day? Is there a percentage that is done before noon?
Mr. Perry: I would guess something like 60-70% of our sales would be in the
morning time.
Mr. Long: To the landlord, do you know what time the other tenant opens in
the morning?
Mr. Houbba: They open, I believe, the Med Post might open around 8 a.m.
The phone store opens at 10 a.m.
Mr. Long: Alright. Just things for me to consider. Thank you very much.
Or.
Wilshaw: Thank you, Mr. Long. Any other questions or comments from the
commission?
Ms. Smiley: I don't have any problem with the landlord or with the business or
I have no doubts about anything else except that drive thru. I am
seeing 11 and 11 but I just think that is a major problem waiting
to happen. With the dumpster in there with the doors, it just ... a
drive thru is great, but that doesn't seem to be the location for one
for me.
September 2, 2020
29733
Mr. Wilshaw: Thank you, Ms. Smiley. Any other questions or comments from
the commission at this time?? If not, Mr. Perry, did you have
anything else you would like to add?
Mr. Perry: Yes, there was a question about the delivery and how that could
be addressed. Ed spoke about possibly taking it in through the
front of the store, but in addition to that the deliveries can be
scheduled to be there very early in the morning, even before
open. Sometimes we can get Sysco to come out there very early
in the morning to deliver the products so that it would happen prior
to Ed's store, if approved, even before it was open so deliveries
could be scheduled so that you wouldn't have cars in there while
deliveries would happen. I just wanted to make that was known
as a possibility.
Mr. Wilshaw: That is a good comment, Mr. Perry. We appreciate that. I think
the question also applies to the other tenants in the building as
well though, which may impose more of a challenge. I am not
sure how their deliveries go, but Mr. Long you had an additional
question or comment?
Mr. Long: Sorry, I keep doing one more thing. I guess to the petitioner, I am
not a mind reader but I am not sure if you have four votes tonight
to pass this along and I do think we kind of like the project, but
we aren't sold yet on the drive thru. I can put forth a resolution or
I put forth a tabling resolution and I was wondering what the
petitioner thought about that? If we were to table it and come
back. If there were other things that they thought they could do
to try and get the commission committed to this use behind the
alley,
Mr. Wilshaw: Thatgood question, Mr. Long. I would like the petitioner to
let us know their thoughts at this point, because if a tabling motion
is offered it will end the discussion immediately. We want to get
a sense of your thoughts as to how this may proceed and what
your thoughts are. If this is tabled, would you be able to continue
working on this petition and the site plan to address the concerns
of the commission.
Mr. Buison: I don't know if there is anybody in the audience or anybody else
that would like to speak out for or against so if they have concerns
we can take that into account and then after that we can make a
decision as to how we want to proceed. Is that possible or maybe
there is nobody?
Or,
Wilshaw: It is
certainly
possible. We
will check with
the rest of the audience
and
make sure
they
get an
opportunity to
speak if there are any.
September 2, 2020
29734
Thank you for that. If there are no other questions for the
commission at this point, I will look to see if there is anyone in the
audience wishing to speak for or against this petition. If so,
please click raise hand in your Zoom application so we know you
wish to speak. Ms. Shockling would like to speak. Good evening.
Ms. Shockling, 27954 Lyndon, as a resident and a consumer I am in favor of this
petition. I have a adult disabled child and it is extraordinarily
difficult to get into any type of business even when there isn't a
pandemic. We are currently completely limited in our purchasing
choices to businesses that offer drive up and you know, so just
for that reason to speak to their business I am sure there are a lot
of people that utilize their service but there is a portion of your
population in this community that 100% needs things like drive up
in order to access the service and have a normal sense of being
a part of the community. For those reasons, I am in favor. Thank
you for my time.
Mr. Wilshaw: Thank you, Ms. Shockling. That is a wonderful point that you
made. That not only is drive up service seen as a convenience
for a lot of people, but it is a necessity for many in our community
as well. I appreciate those comments very much. Is there
anyone else in the audience wishing to speak for or against this
item? I don't see anyone else raising their hand. Mr.Buison, Mr.
Houbba, we will give you a chance to make any additional
comments that you would like before we make our decision if
there are no other questions or comments from the commission
at this point. We always give the petitioner the last word.
Mr. Buison: Thank you everyone for your feedback. Right now I am in
consideration, especially Mr. Ventura doesn't have a current set
of what we are planning to do. I would request that we table this
petition until the next Planning Commission meeting so that we
have time to address the additional concerns, as well as the
members of the commission and the Planning Department can
review these revisions that we have made so that we can try to
work together to address your concerns and hopefully proceed.
Mr. Wilshaw: Thank you. I will go to the commission one last time to see if
there are any questions or comments from any of our
commissioners. Make sure everyone has had a chance to speak.
There are no other questions or comments, then a motion would
be in order.
On a motion by Long, seconded by McCue, and unanimously adopted, it was
September 2, 2020
29735
#0943-2020 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on September 1, 2020, on
Petition 2020-07-02-06 submitted by Ed Buison requesting
waiver use approval pursuant to Section 11.03(c)(4) of the City of
Livonia Zoning Ordinance #543, as amended, to operate a limited
service restaurant with drive -up window facilities (Biggby Coffee)
within the Livonia Crossroads retail center at 11502 Middlebelt
Road, located on the southeast corner of Middlebelt and
Plymouth Roads in the Northwest'/4 of Section 36, the Planning
Commission does hereby table the item until the meeting of
September 22, 2020.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 19.05 of
Zoning Ordinance #543, as amended.
Mr. Wilshaw: Is there any discussion?
Mr. Wilshaw, Chairman, declared the petition tabled.
ITEM #3 PETITION 2019-06-02-09 Salvation Army
Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2019-
06-02-09 submitted by Neumann/Smith Architecture requesting a
one-year extension of all plans in connection with a proposal to
expand the floor area, renovate the exterior appearance of the
building and modify the vehicular parking layout of the existing
Salvation Army resale store at 33600 Plymouth Road, located on
the north side of Plymouth Road between Farmington and Stark
Roads in the Southeast'/4 of Section 28.
Mr. Taormina: Just briefly, this is a waiver -use petition that you reviewed about
a year ago involving the expansion and remodeling of the
Salvation Army store. They are requesting a one-year extension
of all plans that were approved as part of that waiver -use petition.
Mr. Wilshaw: Mr. Cummings is in the audience with us. He is welcome to
unmute himself if he would like to add any additional comments.
Again, we would just ask that you start with your name and
address.
Jim Cummings, Neumann/Smith Architecture, 400 Galleria Officentre, Ste 555,
Southfield, MI, I just wanted to give an update where we are with
the project at this time. We awarded PCI contractors in
September to work with us to justify the budget and to work with
contractors getting them on board. That took us to November
September 2, 2020
29736
and in November we realized that we needed to kind of go
through a VE process. That took about a couple months. That
got us to the end of the year or so. By the beginning of the year
the budget had finally been approved. We were working on our
drawings and we were looking to submit sometime mid -April to
the city for engineering and plan review. COVID hit towards the
middle of March, end of March and we were contacted on April 9,
2020 by Salvation Army to go on hold for about a month so they
could review the project a little bit and see what was going to
happen with the situation. They came back to us on May 8, 2020
and said they do not approve of the project to go forward. What
they wanted to do was have another 6 to 10 month hold on the
project and see what happens at that point. Going forward I think
that would put us towards the end of this year, beginning of next
year. Hopefully, they will approve us to move forward. We would
probably have to go through another budget phase and probably
work with some more contractors to kind of justify that again and
get it approved again. If we do get to move forward that would
put us toward mid -March, mid -April of next year to start the
project. At least to submit the plans to the city. That is where we
are right now.
Mr. Wilshaw: Thank you, Mr. Cummings. Any questions for our petitioner?
Mr. Long: Just real quick. At the study session I had asked how...just out
of curiosity what is the volume of pick-up? The expansion is
obviously still needed. Are they experiencing greater than normal
volume with COVID, not as much?
Mr. Cummings: Well, the store needed to cutback. They were limited on how
many people they could have in the store. They limited their
hours. This was all kind of state mandated so they had to limit
the amount of hours which they could take donations and then
also have people come in. So, right now they are having a hard
time trying to get some of the older merchandise out. We are
working through the donations. People are still donating but still
because of the COVID and because of the restrictions on spacing
and all that stuff, their not doing as well, but they are still getting
lots of donations and they are doing the best that they can right
now.
Mr. Long: Thank you.
Or.
Wilshaw: Thank you, Mr. Long. Any other questions for our petitioner? Is
there anybody in the audience that wishes to speak for or against
this item? If there are no other questions or comments, a motion
would be in order.
September Z 2020
29737
On a motion by Long, seconded by McCue, and unanimously adopted, it was
#09-44-2020 RESOLVED, that pursuant to a Public Hearing having been held
by the City Planning Commission on September 1, 2020, on
Petition 2019-06-02-09 submitted by Neumann/Smith
Architecture requesting a one-year extension of all plans in
connection with a proposal to expand the floor area, renovate the
exterior appearance of the building and modify the vehicular
parking layout of the existing Salvation Army resale store at
33600 Plymouth Road, located on the north side of Plymouth
Road between Farmington and Stark Roads in the Southeast'/4
of Section 28, the Planning Commission does hereby
recommend to the City Council that Petition 2019-06-02-09 be
approved subject to the following conditions:
1. That the request for aone-year extension of waiver use
approval by Neumann Smith Architecture, on behalf of
Salvation Army, in a letter dated July 28, 2020, is hereby
approved. and
2. That all conditions imposed by Council Resolution #269-19
in connection with Petition 2019-06-02-09 shall remain in
effect to the extent that they are not in conflict with the
foregoing condition.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 23.05 of
Zoning Ordinance #543, as amended.
Mr. Wilshaw: Is there any discussion?
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving resolution.
ITEM #4 APPROVAL OF MINUTES 1,1581h Public Hearings and
Regular Meeting
Or.
Caramagno, Secretary, announced the next item on the agenda, Approval of
the Minutes of the 1,158�h Public Hearings and Regular Meeting
held on August 18, 2020.
On a motion by Long, seconded by McCue ,and unanimously adopted, it was
September 2, 2020
29738
#0945-2020 RESOLVED, that the Minutes of 1,158th Public Hearings and
Regular Meeting held by the Planning Commission on August 18,
2020, are hereby approved.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Long, McCue,
Wilshaw
NAYS: None
ABSENT: Bongero
ABSTAIN: None
Smiley, Ventura, Caramagno,
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made, seconded and unanimously adopted, the 1,159th Public
Hearings and Regular Meeting held on September 1, 2020, was adjourned at 9:13
p.m.
CITY PLANNING COMMISSION
Sam Caramagno, Secrejary
ATTEST: ��
Ian Wilshaw, Chairman