HomeMy WebLinkAbout2021-09-27 - Rezone - LAG Dev. - Pet.2021-07-01-06
CITY OF LIVONIA
PUBLIC HEARING
Minutes of Meeting Held on Monday, September 27, 2021
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A Public Hearing of the Council of the City of Livonia was held at the Livonia City Hall
Auditorium on Monday, September 27, 2021.
MEMBERS PRESENT: Scott Bahr, Vice President
Jim Jolly
Brandon McCullough
Rob Donovic
Laura M. Toy
Cathy K. White
MEMBERS ABSENT: Kathleen E. McIntyre, President
OTHERS PRESENT: Mark Taormina, Planning and Economic Dev. Director
Paul Bernier, City Attorney
Sara Kasprowicz, Recording Secretary
The Public Hearing was called to order at 7:00 p.m. with Vice President Scott Bahr
presiding. This item is regarding Petition 2021-07-01-06 submitted by LAG
Development pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543,
as amended, requesting to rezone the property at 34801 Plymouth Road, located on the
south side of Plymouth Road between Stark and Wayne Roads in the Northwest ¼ of
Section 33, from C-1, Local Business to C-2, General Business. This item will move to
the Regular Meeting of October 18, 2021.
The Public Hearing is now open. There were 20 people in the audience.
Bahr: I’m going to as Mark Taormina, our Economic Development to give us a little
introduction to this site please.
Taormina: Thank you, Mr. Chairman, again, this is rezoning petition regarding property
located on the south side of Plymouth Road between Stark and Wayne
Roads. The parcel in this case is roughly a little over half an acre in size. It
has 173 feet of frontage on Plymouth Road. The depth is 147 feet. There is
an existing building on this site, about 2100 square feet. It’s the site of the old
Doughboy Donut shop, before that, it was originally built as a gas station and
converted to the donut shop in 1975. This site, as you can see from this map,
it is completely surrounded by commercial zoning and land uses. This site is
zoned C-1, Local business. The surrounding parcels are zoned C-2, general
business. The request is to rezone this to C-2. Immediately to the east and to
the south is the LaFontaine/Hyundai of Livonia auto dealership. This is the
former Ralph Thayer dealership and farther to the west is the Burger King
restaurant as well as a Dunkin Donuts. The site was more recently acquired
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by LAG of Livonia, LLC, which is part of the LaFontaine Auto Group. The
objective is to expand the auto dealership operations, presumably for vehicle
display and vehicle storage. The use of the property for one of these purposes
would first require waiver use approval, should the rezoning move forward, in
order for the property to be used for vehicle display, they would have to
appear back before the Planning Commission as well as the City Council for
a waiver use. As you can see from the plan that was submitted, the site
contains two driveways. The building is positioned in the southeast corner of
the property. As far as the land use, the future land use map goes, this site is
identified as corridor commercial, so it is suitable for both the zoning as well
as the use. I will point out that, again, should this move forward, and appear
before you as a waiver use for vehicle display, that is regulated under Section
6.05 of the Livonia Vision Zoning Ordinance. One of the revisions in that case,
is that no vehicle shall be parked within 20 feet of the front lot line, so this
plan does indicate parking within that 20-foot front lot line. So, that is
something that would have to be taken up at a later date, as Planning has
pointed that out. Thank you. Planning Commission is recommending approval
of this rezoning.
Bahr: Thank you, Mr. Taormina. Any questions from Council? Councilman Donovic.
Donovic: Thank you, Mr. Vice President. That was one of the questions I had, if there
was some stipulation there that vehicles were not to be parked within that
certain boundary. So, your say that this has to be handled at a different time.
How would it be handled, through ZBA, is it Council?
Taormina: No, it gets special requirement, a waiver use. The City Council can waive or
modify any requirement, special requirement of the waiver use or special land
use by means of a 2/3 majority vote by separate resolution. Right now, this
plan is showing roughly 32 parking spaces. If we apply the 20-foot setback
requirement, it would affect 7 parking spaces
Donovic: Was the building, the old donut building, was that supposed to be torn down
and a new building built?
Taormina: There’s no indication that the building is going to be removed, in this case,
they are showing it on the site plan. So, I’m assuming they are going to try to
reuse the building. We’ll let the Petitioner explain their intentions.
Donovic: I will say, since I got this packet, I’ve had the LaFontaine family deal song
stuck in my head for the last few days. Thank you, Mr. Taormina.
Bahr: Thank you for putting it in our heads now. Councilman Jolly, did you have
something to say?
Jolly: Thank you, so, Mr. Taormina, if this were to be approved, the waiver usage
would be limited to the usage that is defined in the request, correct?
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Taormina: No, it would not. If the C-2 zoning is approved, then it opens the door for any
other use that’ permitted in the C-2 zoning district, but it’s clearly the intention
of the new owners to use it for the purpose they indicated, which is vehicle
display. So, we’re only considering zoning at this time, the waiver use would
be a completely separate process.
Jolly: So, when we have done this in the past, have we not at certain points,
requested that they consent to use it for the purpose they are defining to
provide us a guarantee as to that? This makes sense to use it as they are
requesting at this point, I don’t necessarily feel comfortable with giving a
broad C-2 zoning going forward here, because who’s to say what goes on,
what happens later down the road? There are obviously things that wouldn’t
make sense there.
Taormina: There are a couple of ways we could suggest you address that concern. One
would be to a conditional zoning agreement, the other might be, as you
indicated, a limitation that the waiver would only be for this petitioner, if they
want to transfer that to another user, they would have to first be approved by
this body. So that’s something that we would have to discuss with the Law
Department as to what would be the most appropriate under this
circumstance.
Jolly: I take it there are representatives here from the LaFontaine Group. You don’t
have to address it just yet, but when you do get up, I’d like to know your
feelings in regard to those two options.
Bahr: To just be clear, we’ll get to you when we get through the questions for Mr.
Taormina then we’ll ask you to come up. Councilwoman Toy?
Toy: Thank you, Mr. Vice Chair, if I may to Mr. Taormina? Mr. Taormina, I’m failing
to remember the zoning on that, as it precedes into the Thayer Automotive
Sales, how is that zoned?
Taormina: All C-2.
Toy: All C-2, so it would be continuous then.
Taormina: Yeah, let me just describe map. So you can see that all the dark red around
here, that indicates the C-2 zoning, this is the lighter shade, which indicates
the C-1, or Local Business District zoning. When you look at aerial
photograph, what you’ll see here is the former Ralph Thayer dealership, now
LaFontaine. There is right next to the Burger King which is immediately to the
west, Dunkin Donuts farther to the west and then you can see the vehicle
display as part of the dealership, immediately to the south.
Toy: Thank you very much, Mr. Taormina.
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McCullough: From the Chair to Mr. Taormina, quick questions, I’m sure the petitioner
will want to answer the questions, but do we know of any site improvements
that are being proposed for this change?
Taormina: Yeah, the site plan that you are looking at here is the only, this is conceptual.
It only indicates at this time, restriping the parking lot in a manner that would
have the vehicles displayed or stored in the fashion show. If you go back to
the aerial photograph, you can see how the current striping is much less
efficient in terms of the number of vehicle spaces. I think what they are
attempting to do here, is maximize the number of vehicles that could be
parked on the site.
McCullough: The second question I have, is, in the original packet, there was one
rendering and then there was new information, forgive me, but it doesn’t seem
like any change with the aerial overlay. It looks like someone had asked for a
more in-depth rendering. This might be what the petitioner would be able to
answer.
Taormina: Yeah, I think this the plan that you are referring to. This is the plan that was
reviewed by the Planning Commission, and you are right, this is newer
information, and it would appear to be identical in terms of the layout of the
lot.
Bahr: I failed to mention earlier, I should have noted that we do have new data on
this item, a conceptual plan received by the petitioner. Any other questions
for Council? I have one quick one Mark. With that C-1 being surrounded by
C-2, just curious, do you know the history of that? I doubt it was always that
way. Did this used to be C-1 and its going to be a patchwork approach to
adding C-2 in there?
Taormina: I would have to go back and look at that. My guess, I do recall when the parcel
to the south was expanded as part of the dealership operation, prior to Ralph
Thayer. That may have been C-1 zoning at the time as well. I think there was
a larger C-1 zoning. This was part of a larger C-1 District and it’s the only
remaining parcel at this time in that general area.
Bahr: Thanks. To the petitioner, is there anything you wanted to answer to add? If
you could please give us your name and address for the record, we’d
appreciate it.
Laundroche: Good evening, Council. My name is Gary Laundroche, I’m with LAG
Development, which is actually a division of LaFontaine Automotive Group.
So, we’re here tonight seeking what seemed like the most natural progression
to take this small, C-1 parcel that is surrounded by C-2. Obviously, with the
acquisition of the Thayer Group, this was kind of, not only frontage along
Plymouth Road, but sort of right in the middle of our group of stores. Our
intent is to initially use this as additional parking display. Really, the reason
you’ve gotten the second, was just our Engineer was finally catching up,
everybody is so busy right now. He just did an overlay just to identify what
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was originally submitted. At this point, we are seeking zoning change, so we
haven’t really worked out many of the details for the site that would go through
Planning. Clearly, the intent would be to improve the landscaping that’s here.
We would incorporate the brick pier wrought iron ornamental fence theme
that I think is running down currently on Plymouth Road here. We haven’t
identified the 20-foot setback either, just again, we’re not at the planning
stage, just seeking to rezone this parcel. Right now, we don’t really have plans
to take down the building, but we kind of feel like the ultimate intent, I think
that’s how we’re going with this, but we just don’t want to limit ourselves yet,
being new, our operation is new to the community here and we’re not really
sure how much we can evolve this, what use it could have for us. One thing
we do know is that the cost of building is currently exceeding what you can
find existing buildings for. We did a full environmental assessment, knowing
it was a gas station before, full phase 1 and phase 2 and we did ground
penetrating radar and there were no contaminants, which was really a nice
surprise for us. We’ve had plenty of other circumstances, just historically used
with the auto dealerships, traditionally with little things that they used to have.
We certainly would consider a conditional zoning agreement for this. Our
intent surely is to utilize it within our operations, that would be the intention
from us. We are currently picking up the pieces of everything that we’ve
acquired there, through Thayer. There’s fencing that’s getting repaired, we’ve
got evergreen trees, we’re replacing along the Burger King side that had
come down over the years or removed or whatever the case was. I think that,
again, we feel like its natural progression, seeing that it is almost spot-zoning
at this point, being that it is such a small parcel surrounded by C-2. I’ve got
Matt Chambleau the General Manager of this complex with me here tonight
in case you guys have operation questions for us and I’m available for any
other questions. Thank you.
Bahr: Council? Mr. Jolly.
Jolly: No other questions, at this point, this makes sense. I’ll offer an approving. It
helps me to get there, knowing that you are intending to invest in the property
to make it nicer. That was one of the things that was kind of left out originally
here, but with that being the intention, you have no reason to not do that, to
be honest with you. So, I’ll offer an approving, it makes sense with the area.
At this point, I don’t I wish we could proceed with the consent agreement or
anything like that for usage. That’s it.
Bahr: Thank you, Mr. Jolly. Mr. Donovic?
Donovic: Thanks, Mr. Vice President. Just making a comment. I’ve noticed that since
you have acquired the property, you guys have been adding some things to
it, making it nicer to clean it up. It was starting to fall apart there for a little
while with weeds, a lot of trees were dying that you mentioned. I will say that
I am concerned if you keep it the old donut restaurant, I am hoping that,
regardless, if you do initiate the tear down or just rehab it, I hope you do at
least do a facelift from the outside so its not just a parking lot with a bunch of
cars sitting in it. I know, like you said, we are early on in the process, this is
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just for rezoning, but I hope you do take that into consideration. At least a
facelift, spending a couple of dollars to make it not look like an old donut store,
or may be a little odd. Thank you, I’m looking forward to this.
Toy: No, I just wanted to say thank you for your investment in Livonia on Plymouth
Road. The road is a great road, I own a business down there as well and you
are a welcome addition as the Councilman has just stated. I really hope
though, as well, that you do something to improve it. Fancier, if you will, to
coincide, not that everything is pristine in that area, but certainly, people are
trying, in light of everything. Thank you and thank you Mr. Taormina for all of
your help too.
Jolly: Will we expect to have a site plan, in regards to this property and will we hold
up the zoning for the site plan? Typically, that is the way we do things when
there is a request for rezoning, is we start that process, but we don’t give a
final vote on it until we have a site plan in front of us and then we vote on
them together. So, is that the intention here? Will we see this come back as
a package?
Taormina: Yeah, I think it would be appropriate, once First Reading is given to them, it
would put the rezoning on hold to allow the petitioner to submit the waiver use
application. That would be reviewed first by the Planning Commission and
that will find its way back to Council and then you can vote on the rezoning
and waiver use as one package.
Jolly: So, that’s the opportunity for everybody in the room, the process is to
understand what your intentions are for the site and that way, we’re exercising
a little bit more judgement, in regards to the whole package as well.
Laundroche: Ok, just so I understand, so we would be working with the Planning
Department next for our site plan development, correct?
Jolly: Correct.
Bahr: Mr. Donovic?
Donovic: Thanks, Mr. Vice President. I think you alluded to, while you were talking, the
building is already purchased or is under contract?
Laundroche: No, we already own it.
Donovic: Ok. You already own it, thank you.
Bahr: Thank you. Does anyone from the audience want to speak to this? With that,
we’ve got an approving resolution on this. I do want to note too, I’m guess it
will be taken care of, but this was brought to our attention, a water and sewer
bill on this property? I just want to make sure this is taken care of before we
take this up. We have an approving to go to a First Reading. Sara, would that
be, not the next meeting, but the one after, probably?
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Kasprowicz: October 18.
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Bahr: That makes the October 18 agenda.
As there were no further questions or comments, the Public Hearing was declared closed
at 7:18 p.m.