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HomeMy WebLinkAbout1,212 - April 23, 2024 signedMINUTES OF THE 1,212th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, April 23, 2024, the City Planning Commission of the City of Livonia held its 1,212th Public Hearing and Regular Meetings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7 p.m. Members present: David Bongero Peter Ventura lan Wilshaw Sam Caramagno Glen Long Members absent: Wafa Dinaro Mr. Jacob Uhazie, Planning Director, Scott Miller, Planner IV, and Stephanie Reece, Program Supervisor, were also present. Chairman Wilshaw informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their filing. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2024-03-02-06 Wade Shows Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2024- 03-02-06 submitted by Wade Shows, Inc. requesting waiver use approval under Sections 3.11 and 6.56 of the Livonia Zoning Ordinance, as amended, to conduct a carnival in the parking lot of the former Sears, sponsored by the Livonia AM Rotary Club, consisting of amusement rides, games, and food concessions from May 29, 2024, through June 10, 2024, on the property at 29500 Seven Mile Road, located on the northwest corner of Seven Mile and Middlebelt Roads in the Southeast'/ of Section 2. Mr. Uhazie: Mr. Wilshaw: Mr. Uhazie: April 23, 2024 31347 Good evening. This is a request to conduct a carnival in the parking lot of the former Sears. The location as mentioned is the northwest corner of Seven Mile Road and Middle Belt Road. The current zoning is C-2. The surrounding neighborhoods include Livonia Marketplace (C-2) to the west, to the north is St Martin's Avenue, which is commercial (C-1 & C-2), as well as Nottingham Village Condominiums, which is zoned NM1. To the east across Middle Belt Road is commercial, C-2 and C-1 properties, and to the south across Seven Mile Road is the Mid Seven shopping center, which is zoned C-2. The operation of a carnival is allowed with waiver -use approval subject to Section 6.56 of the zoning ordinance. Carnivals may be allowed for periods not to exceed two weeks. The proposed carnival will be for 12 days, lasting from May 23 Through June 9, 2024. The proposed hours of operation are as follows: Monday through Friday from 4pm to 11pm. On weekends, Saturday and Sunday from 12pm to 11pm, and then on Monday, June 10, the Carnival will be closed broken down and moved to its next location. The Carnival area, which measures approximately 660 feet east -west by 320 feet north -south, would have the same layout used as in years past. The northern limit of the carnival would be in the main drive aisle that extends across the Sears parking lot and provides ingress and egress from Middle Belt to Livonia Marketplace. The western boundary is the Sears property line adjacent to the Livonia Marketplace. The layout of the overall operation consists of two main components. The west component labeled on this plan is RV parking and would be temporary housing and storage of other trucks and equipment associated with the carnival. The eastern component labeled Carnival Midway area will contain the rides in the midway. With that, Mr. Chairman, I can read out the departmental correspondence. Yes, please. The first item is from the Engineering Division, dated March 12, 2024, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced waiver use approval request. The address of #29500 Seven Mile Road is correct for the subject parcel and should be used in connection with this petition. We have no objections to the proposed petition, although the following items should be noted: 1. Should the carnival have the need to occupy or should any of the associated activities impact either of the Seven Mile Road or Middlebelt Road right-of-way, a permit from Wayne County will be required as both roads are under their jurisdiction. 2. All sanitary sewage from the site, recreational vehicles or campers Mr. Wilshaw: Mr. Long: April 23, 2024 31348 shall be disposed of properly. 3. Should the operators need to have water provided for their facilities, they should contact the City of Livonia Water Department to obtain the proper equipment including a water meter with backflow preventer." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated March 18, 2024, which reads as follows: This office has reviewed the site plan submitted in connection with a request for a carnival /fair on the property located at the above referenced address. We have no objections to this proposal with the following stipulations: 1. Maintain emergency vehicle access. 2. All rides shall be inspected, certified and "stickered" by the State of Michigan. 3. All food trailers and/or trucks with suppression systems for cooking shall be current and properly tagged as inspected and certified. 4. Contact the City Fire Marshal to schedule a final inspection when all the above requirements have been met, prior to opening for the event. The above requirements for compliance cannot be stressed enough. A further detailed plan review will take place when this division receives an official plan set" The letter is signed by Brian Kukla, Fire Marshal. The next letter is from the Division of Police, dated March 12, 2024, which reads as follows: "I have reviewed the plans in connection with the petition. I have no objections to the proposaL"The letter is signed by Paul Walters, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated April 15, 2024, which reads as follows: " Pursuant to your request, the above -referenced Petition has been reviewed. 1. 1. Permits and inspections will be required for this proposed carnival. Prior to filing the required permits, a pre -event meeting will be required with the Director of Inspection, Fire Marshal, and Public Emergency Manager. 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 April 10, 2024, which reads as follows: "I have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. We received an email from the Treasurer's Department stating that all taxes and water are paid and that is signed by Susie Nash, Treasurer. That is the extent of the correspondence. Are there any questions of the Planning staff? Jacob, what were the dates that they were doing this again? Mr. Uhazie: Mr. Long: Mr. Uhazie: Should be May 23rd. April 23, 2024 31349 May 23 through June 9. So, that's more than two weeks. Is there extra time for setup or something like that involved in that? Mr. Long: In our materials here, I see May 29 as the date. Mr. Uhazie: Mr. Long: Mr. Wilshaw: May 29th, I apologize. No, it's okay. I just want to make sure we have the right thing on the record. Plus, wanted to make sure that everyone knew I wasn't asleep up here. So, thank you. Thank you, Mr. Long. Any other questions for our planning staff? If not, our petitioner, I believe, is in the audience. Feel free to come forward. Good evening. Joanna Hardesty, Wade shows, Pat Zucal, Livonia Rotary. Mr. Wilshaw: Thank you. And what would you like to tell us about your carnival? Ms. Hardesty: Nothing new. I believe this is our 11th year and nothing has changed. Nothing has changed this year. Nothing different. Mr. Wilshaw: All right. Thank you. Let's see if there's any questions from any of the commissioners for you. Thank you for being here. Miss Hardesty. Is there any questions for our petitioner? Mr. Long: Nothing's changed. So, the inspection for the state and inspection of all the rides is still the same episode. Ms. Hardesty: Absolutely. The rides are inspected at our first event in Michigan. And the permits that were held on those rides are good until that inspection takes place. Mr. Wilshaw: Thank you, Mr. Long. Any other questions? I don't see any other questions from the commissioners? Is there anyone in the audience wishing to speak for or against this item? I don't see anyone coming forward. Please come to the podium, ma'am. Betsy Calhoun, 33023 Grennada, Livonia, MI. How do you handle trash and recycling for this? Do you guys have it already arranged? Mr. Wilshaw: Let me check with the petitioner and see the answer on that one. Mr. Wilshaw: Ms. Hardesty: Mr. Wilshaw: Ms. Hardesty: Mr. Zucal: Mr. Wilshaw: April 23, 2024 31350 Thank you, Miss Calhoun. Ms. Hardesty, trash, how is that handled? Do you contract? We do contract that those services out. Yes, we do have them on site. Okay. Thanks. Okay. Very good. Thank you. Any other folks in the audience wishing to speak on this item? If not...it's hard to see. Is there anything else that you'd like to say before we make our decision? Just thank you for your consideration again. It's been great. This event has been great. The area, the location, is perfect. And we look forward to being here again. It's great for the Rotary Club. And it's great for the city of Livonia. Alright, great. Thank you. Thank you for your comments. If there's no other comments from our petitioner, or any questions from our commission, I will close the public hearing and a motion would be in order. On a motion by Caramagno, seconded by Bongero, and unanimously adopted, it was: #04-12-2024 RESOLVED, That the City Planning Commission does hereby recommend to the City Council that Petition 2024-03-02-06 submitted by Wade Shows, Inc. requesting waiver use approval under Sections 3.11 and 6.56 of the Livonia Zoning Ordinance, as amended, to conduct a carnival in the parking lot of the former Sears, sponsored by the Livonia AM Rotary Club, consisting of amusement rides, games, and food concessions from May 29, 2024, through June 10, 2024, on the property at 29500 Seven Mile Road, located on the northwest corner of Seven Mile and Middlebelt Roads in the Southeast 1/4 of Section 2, be approved subject to the following conditions: 1. The carnival shall be limited from May 29, 2024, through June 10, 2024. 2. The carnival shall be confined to the areas illustrated on the plan received by the Planning Commission on March 11, 2024. 3. All rides, food concessions, booths, and other equipment and apparatus relating to the carnival operation shall be at April 23, 2024 31351 least sixty feet (60') from the rights -of -way of Seven Mile and Middlebelt Roads. 4. The temporary housing and storage of trucks and equipment associated with the carnival shall be in the property's southwest corner, as shown on the plan, no closer than sixty feet (60') from the right-of-way of Seven Mile Road. 5. The hours of operation shall be limited to Monday through Friday from 4:00 p.m. to 11:00 p.m., and on Saturday and Sunday, from 12:00 p.m. to 11:00 p.m., and 6. Permits and inspections are required. Wade Shows shall request a pre -event meeting with the Director of Inspection, Fire Marshal, and Emergency Preparedness. Subject to the preceding conditions, this petition is approved for the following reasons: 1. The proposed use complies with all of the special and general waiver use standards and requirements outlined in Sections 6.56 and 13.13 of the Livonia Zoning Ordinance, as amended. 2. The site can accommodate the proposed use. 3. The carnival will not disrupt the normal traffic flow and circulation in the area and will not impede access to neighboring properties, and 4. No reporting City department objects to the proposed use. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 of the Livonia Zoning Ordinance, as amended. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to the City Council with an approving resolution. ITEM #2 PETITION 2024-03-01-02 Belaggio Homes Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2024- 03-01-02 submitted by Belaggio Homes Inc. under Sections April 23, 2024 31352 13.13 and 13.15 of the Livonia Zoning Ordinance, as amended, requesting to rezone the properties at 19282, 19316 and 19358 Newburgh Road, located on the east side of Newburgh Road between Seven Mile Road and St. Martins Avenue in the Southwest' of Section 5, from RUF (Rural Urban Farm) to N2 (Neighborhood). Mr. Wilshaw: Thank you, Mr. Caramagno. For the folks in our audience following this item, this petition and the following one on number three are adjacent properties and share many of the same conditions. We're going to deal with each of them separately, but you may hear some overlap in the discussion as we talk about these. Mr. Uhazie, would you like to give us some background information? Mr. Uhazie: Yes, so this is a petition to rezone the three parcels located on the east side of Newburgh Road between Seven Mile Road and St. Martins Avenue from RUF (Rural Urban Farm) to N2 (Neighborhood). The existing conditions at the site for the northern parcel, 19358 Newburgh, measures 211 feet by 202 feet with a depth of 244 feet along the southern property line and contains a residential house with attached garage and detached barn. The center parcel at 19316 Newburgh measures 100 feet by 240 feet and is currently vacant. The southern parcel is 19282 Newburgh Road, and it measures 100 feet by 244 feet, and this is also currently vacant. Together the site measures 411 feet along Newburgh Road and a combined land area of 93,593 square feet, or about 2.15 acres. The current zoning is RUF (Rural Urban Farm), which requires a minimum lot width of 75 feet and a minimum lot area of 15,000 square feet. The N2 minimum requirements for a minimum lot area of 8,400 square feet and the minimum lot dimensions of 70 feet in width by 120 feet in depth. The proposal would have the site be divided into six new parcels, shown here. Five lots would measure 70 feet wide, the sixth parcel and to the north would measure 61 feet in width. The lot would be combined with nine feet from the adjacent parcel to the north to create a conforming N2 parcel. The existing house, garage and barn would be demolished with this proposal. The surrounding neighborhoods include single family homes in the Willow Woods and Fox Creek Meadows neighborhoods which are zoned N2 to the north and east. To the south is Lena's Park Place Plaza. The commercial strip center is zoned C-1 and to the west across Newburgh Road are residential properties zoned RUF (Rural Urban Farm). The Livonia Vision 21 Future Land Use plan designates this subject property as low density residential, which recommends a density of one to five dwelling units per acre and a minimum lot area of 7,200 square feet and a minimum lot Mr. Wilshaw: Mr. Uhazie: Mr. Wilshaw: April 23, 2024 31353 width of 60 feet. These would conform to the Future Land Use. With that, Mr. Chairman, I can read out the departmental correspondence. Yes, please. Mr. Uhazie: The first item is from the Engineering Division, dated March 19, 2024, 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 subject parcels are assigned the addresses of #19282, #19316 and #19358 Newburgh Road. The existing parcels are currently serviced by public water main and sanitary sewer. The public storm sewer is located on the west side of the road with catch basins on the east side in front of 19316 Newburgh Road. Should the owner develop the properties, they will need to investigate options for sump pump drainage for any new construction." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Finance Department, dated April 11, 2024, which reads as follows: "/ have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. We received an email from Susie Nash, Treasurer, stating no taxes or water are due. That is the extent of the correspondence. Is there any questions for our planning staff? I don't see any questions. Our petitioner is in the audience tonight. Feel free to come forward. Good evening, sir. Enrico Soave, 37771 Seven Mile Road, Suite C, Livonia, MI Mr. Wilshaw: Mr. Soave: Mr. Wilshaw: Thank you for being here. I have nothing additional to add, other than what the planning department has represented tonight, but would be happy to answer any questions for you this evening. Thank you, Mr. Soave, and as we've mentioned with these types of petitions in the past, I'll remind anyone in our audience that are interested in this petition, that this is a rezoning request. This and the following agenda item are both rezoning requests. We're going to focus on the zoning of RUF (Rural Urban Farm) to N2 as the main topic of discussion. There will not be a lot of discussion in regard to the actual development of the site in terms of what April 23, 2024 31354 the houses are going to look like or those types of things because this is a rezoning request. That will come in a separate process later on when we get to that part of the petition. Once the rezoning is or the zoning request is sent through to City Council, then the petitioner will file paperwork for the development of the homes, and we'll have an opportunity then to look at what they're going to propose for this site. So, with that, is there any questions for our petitioner, from any of our commissioners, Mr. Ventura? Mr. Ventura: Thank you. Mr. Soave, just to be clear, the site plan that is attached to your petition shows that the northernmost lot is only 61 feet wide, and so I want you to confirm for us that you have made contractual arrangements and agreements with the property owner to the north to purchase nine feet of land, which will add to that northern most lot to make it a conforming 70 feet. Is that correct? Mr. Soave: Mr. Ventura: Mr. Wilshaw: Mr. Bongero: Mr. Soave: Yes, that is correct. We are purchasing approximately 8.9 feet of frontage from the northern property owner. And I believe they are in the audience tonight, and they can further represent that as well. Thank you, I'm gratified to see that you and the petitioner to the north have cooperated and brought this development to a rational conclusion and in a good petition that will be an asset to the city. This was a long road to get here. But we're happy to see you're finally in front of us. Thank you. Thank you, Mr. Ventura. For those that are not aware, the parcels to the north did previously come to us for a rezoning request. That petition was subsequently withdrawn later on and now is going to come to us again tonight with different sizing of the 70-foot lots which will conform with this parcel as well. Any other questions for our petitioner? Just to rehash, at the study meeting, we discussed about setting the houses back further than the minimum because of their front entry garages just to allow some type of a turn in or whatever to allow people to drive straight out on the Newburgh Road, is that still the intent? Absolutely. Okay. I like this petition. I think it's a good, really good thing over there. It's going to be a big improvement. I'm looking forward to it. Mr. Wilshaw: Thank you, Mr. Bongero. Any other questions? April 23, 2024 31355 Mr. Caramagno: I don't know who this question is for, Rico or for the planning department, but what is the setback on that house? Is it from the curb line of Newburgh Road? What is the feet setback on that? Mr. Soave: The Planning Department can answer better than I can, but usually the setback is from the right of way. Mr. Miller: Correct. Mr. Soave: So, I think N2 is 30 feet minimum from the right of way? Mr. Miller: Correct. Mr. Caramagno: 30 feet. So coming inside the curb 30 feet back from there. What is the right way? The amount of feet there? Mr. Uhazie: The current one? Mr. Caramagno: Yeah. Mr. Uhazie: I'd have to measure it. Mr. Miller: I'm sure the street is 120'. So, it is 60' and 60'. Mr. Wilshaw: Does that answer your question, or would you like them...? Mr. Caramagno: I think so. So you're saying it is 20? Mr. Miller: Yeah, it's a 120' street. So, it's 60' / 60' from the centerline. Mr. Caramagno: Okay, that's good. Thank you. Mr. Wilshaw: All right. Thank you. Any other questions? Mr. Miller: Sorry. Mr. Wilshaw: It's okay, Mr. Miller, you didn't intend on killing you as part of this. Any questions for petitioner? If not, any other questions from the Commission? I will go to the audience and see if there's any comments that anyone wishes to make on this petition for either for or against and this is the rezoning of three of these parcels. Anyone wishing to speak for against this item? I don't see anyone coming forward. Mr. Soave, anything else that you'd like to add before we make our decision? All right, thank you. If there's no other comments or questions from any of the commissioners, I will close the public hearing and a motion would be an order. April 23, 2024 31356 On a motion by Ventura, seconded by Bongero, and unanimously adopted, it was #04-13-2024 RESOLVED, That the City Planning Commission does hereby recommend to the City Council that Petition 2024-03-01-02 submitted by Belaggio Homes Inc. under Sections 13.13 and 13.15 of the Livonia Zoning Ordinance, as amended, requesting to rezone the properties at 19282, 19316 and 19358 Newburgh Road, located on the east side of Newburgh Road between Seven Mile Road and St. Martins Avenue in the Southwest IA of Section 5, from RUF (Rural Urban Farm) to N2 (Neighborhood), be approved for the following reasons: 1. The proposed zoning change is compatible with and in harmony with the area's surrounding land uses and zoning districts. 2. The proposed zoning change will allow the subject properties to be subdivided into lots that comply with N2 District regulations. 3. The proposal represents a reasonable and logical plan for the subject properties that follows sound land use planning principles, and 4. The proposed zoning change is consistent with the Future Land Use plan. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 and 13.15 of the Livonia Zoning Ordinance, as amended. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to the City Council with an approving resolution. ITEM #3 PETITION 2024-03-01-03 TCM Development Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2024- 03-01-03 submitted by TCM Development under Sections 13.13 and 13.15 of the Livonia Zoning Ordinance, as amended, requesting to rezone the properties at 19380 and 19384 Newburgh Road, located on the east side of Newburgh Road between Seven Mile Road and St. Martins Avenue in the Mr. Uhazie: Mr. Wilshaw: Mr. Uhazie: April 23, 2024 31357 Southwest'/ of Section 5, from RUF (Rural Urban Farm) to N2 (Neighborhood). This rezoning request involves the property, looking to the east side of Newburgh Road. The existing conditions include two adjoining parcels. The northern parcel is vacant, with 150 feet of frontage on Newburgh Road with a depth of about 200 feet. The southern parcel contains a residential house with attached garage and 186 feet of frontage on Newburgh Road with a depth of about 200 feet. Combined there is 236 feet of frontage along Newburgh Road, for a combined total lot area of 47,778 square feet or about 1.09 acres. The N2 minimum requirements are the same as before, with a minimum lot area of 8,400 square feet with the minimum lot dimensions of 70 feet in width and 120 feet in depth. The site would be divided into three new parcels. Two lots would measure 70 feet, the third parcel to the north would measure 87 feet in width. The existing residential house with the garage upon approval would be removed. The surrounding neighborhoods are single family homes, N2 to the north and east. To the west across Newburgh Road the residential properties are zoned RUF and to the south are residential properties also zoned RUF. The Future Land Use map designates the subject property as low density residential and recommends a density of one to five dwelling units per acre and a lot area of 7,200 square feet with a minimum lot width of 70 feet or 60 feet. These would be conforming to that and with that, Mr. Chairman, I can read out the departmental correspondence. Yes, please. The first item is from the Engineering Division, dated March 20, 2024, 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 subject parcels are assigned the addresses of #19380 and #19384 Newburgh Road. The existing parcel is currently served by public water main and sanitary sewer. Water Main is located on the east side of Newburgh Road, while the sanitary sewer is located on the west side and will require new crossings for the proposed parcels. (or extend the existing main located to the south of the properties) There is no public storm sewer available to the proposed parcels, although there is an open drain to the north of parcel "D". The developer will need to investigate options for the parcels to accommodate the required sump pump drainage, including placing a rear -yard storm system in an easement to service all fourparcels."The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Mr. Wilshaw: April 23, 2024 31358 Finance Department, dated April 10, 2024, which reads as follows: '7 have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Assessment Department, dated March 20, 2024, and reads as follows: "A request has been made by TCM Development to rezone the properties at 19380 and 19384 Newburgh Road from RUF to N2. Based on the plans submitted it appears they want to combine the 2 parcels and then split them into 3 individual parcels (A through C) The lot split and combination must be submitted to the Assessor's Office. Please direct any questions to the Assessor's Office or Livonia.gov for the lot split and combination process." The letter is signed by Kathie Siterlet, Residential Appraiser. We also received an email from Susie Nash, Treasurer, stating no taxes or water are due at this time. That is the extent of the correspondence. Thank you. Mr. Uhazie. Is there any questions for our planning staff? Any questions? Mr. Miller, you're doing all right. Okay, good. I just want to make sure. You're a very valuable member of our team. All right. I believe the petitioner is in the audience. If the petitioner is here, please come forward. Can we ask for your name and address to start. Thank you. Frank Yaldo, 19233 Newburgh Road, Livonia, MI Jaspar Compeau, TCM Development, Livonia, MI Mr. Wilshaw: All right, welcome back guys. Would you like to tell us about your petition for rezoning? Mr. Yaldo: Nothing really more than what he said to be honest. We are working in conjunction with Belaggio Homes on the nine feet and then keep everything kind of conforming throughout. Mr. Wilshaw: Okay, very good. Let's see if we have any questions for you. Any questions from any of our commissioners? Mr. Bongero: Mr. Compeau, what are you guys going to do about the storm system back there? Mr. Compeau: Well, I want to talk to...l don't know if we can get an easement to go to that drain. But I don't know if we're going to do dry wells. with some kind of overflow going to the north to go into that drain, but we'll have to get an easement from the neighboring properties on St. Martin's there. Mr. Bongero: Mr. Compeau: Mr. Bongero: Mr. Compeau: Mr. Bongero: Mr. Wilshaw: April 23, 2024 31359 So, you guys are working on that. Yeah. Okay. Cool. Thank you. It can't go to Newburgh Road because it's kind of uphill there. Thanks. All right. Any other questions for this petitioner? I don't see any other questions for this petitioner. Is there anyone in our audience wishing to speak for or against this item? We do you have one person coming forward. Good evening again, ma'am. Betsy Calhoun, 33023 Grennada, Livonia, MI. I serve on the Livonia Greenleaf Commission for Sustainability, and I chair the Historic Preservation Commission. I'm not speaking for either of those commissions, but it just demonstrates my legitimate interest in those topics. Just have a couple of comments. There's a farmhouse I think on your property, an 1860s or 70s farmhouse, that has some good salvage value. I understand the bottom inside is not original, but places like Detroit Architectural Salvage, I hear that the woodwork and the doors upstairs are original. The windows certainly are. Then if somebody you know, it's a green thing to do to, you know... it's good quality 150-year-old materials that could be salvaged. On other thing is more of a question. I assume that there are some state laws regarding testing for asbestos because houses of this era could have you know, asbestos pipe wrap or tile and if we don't have anything like that we might consider that in Livonia. And third question corollary to that kind of interesting to think about here in Livonia, that in Traverse City, clearly, they have some sort of an ordinance when demoing buildings that requires them to spray down with water on a regular basis. We saw that in the house next to us. We saw that with a fast-food restaurant being deconstructed, it really improves the air quality for the neighbors. So just some thoughts for people to think about. Well, Mr. Wilshaw: Thank you, Ms. Calhoun, for your comments, and we appreciate your service to the community, as well. Any other questions or comments for or against this item from any of our residents in the audience? I don't see anyone else coming forward. Was there any final comments you gentlemen would like to make on this petition? Mr. Yaldo: Mr. Wilshaw: April 23, 2024 31360 At this moment, no. Okay. Is there any other questions from any of the commissioners on this item? 4lif not, I will close the public hearing and a motion would be in order. On a motion by Long, seconded by Bongero, and unanimously adopted, it was #04-14-2024 RESOLVED, That the City Planning Commission does hereby recommend to City Council that Petition 2024-03-01-03 submitted by TCM Development under Sections 13.13 and 13.15 of the Livonia Zoning Ordinance, as amended, requesting to rezone the properties at 19380 and 19384 Newburgh Road, located on the east side of Newburgh Road between Seven Mile Road and St. Martins Avenue in the Southwest '/ of Section 5, from RUF (Rural Urban Farm) to N2 (Neighborhood), be approved for the following reasons: 1. The proposed zoning change is compatible with and in harmony with the area's surrounding land uses and zoning districts. 2. The proposed zoning change will allow the subject properties to be subdivided into lots that comply with N2 District regulations. 3. The proposal represents a reasonable and logical plan for the subject properties that follows sound land use planning principles, and 4. The proposed zoning change is consistent with the Future Land Use plan. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 and 13.15 of the Livonia Zoning Ordinance, as amended. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to the City Council with an approving resolution. ITEM #4 PETITION 2024-02-02-05 NC Designers April 23, 2024 31361 Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2024- 02-02-05 submitted by N.C. Designers & Contracting Inc., on behalf of Mike Alcodray, requesting waiver use approval under Sections 6.26 and 6.51 of the City of Livonia Zoning Ordinance, as amended, to re -develop the existing gas station site, including constructing a new building with a drive -up window for a food - service operation, at 34901 Ann Arbor Trail, located on the southwest corner of Ann Arbor Trail and Wayne Road in the Southwest'/ of Section 33. Mr. Uhazie: This is a request to redevelop the existing gas station site including constructing a new building with drive up window for a foodservice operation. It is currently zoned C-2 (General Business). The subject site measures approximately 160 feet by 160 feet for a total lot area of about 25,600 square feet or 0.59 acres. Currently vehicles enter or exit the site using four drive approaches, two from Ann Arbor Trail and two from Wayne Road. The existing building will be demolished and replaced. The surrounding neighborhoods to the north, east, south and west are all zoned C-2. The new building would be one story with about 3,800 square feet, which is approximately 50% larger than the current building. The main entrance would be facing east towards Wayne Road. The drive-thru would be located at the south end of the building. The plan appears to have provided ample stacking space between the window and the main menu board. The restaurant would not have any indoor seating. The location and layout of the pumps and canopy would change, but capacity would remain the same. Vehicles would enter and exit the site using two driveways on Wayne Road, but only one off of Ann Arbor Trail. The driveway closest to the intersection of Ann Arbor Trail would be removed and replaced with landscaping. It would contain four dual sided pumps with a canopy measuring 24 feet by 97 feet. The exterior finish would consist of brick limestone and composite siding. The minimum setback is 60 feet, which is required from any right of way. However, under Section 13.13, any special requirement of a waiver for this use can be waived or modified by a separate resolution from City Council in which two thirds of the council concurs. The new gas station convenience store would be approximately 100 feet from Wayne road, but only 50 feet from Ann Arbor Trail, thus requiring the council modify the setback. Abutting C-2 districts to the west and south. The ordinance allows zero setback subject to applicable building codes and fire codes. The proposed building would be 36 feet from the western property and 30 feet from the southern property line. Parking for the gas station requires a total of eight parking spaces and the proposed restaurant would require seven, for the total required parking and 15 spaces. The site plan shows seven Mr. Wilshaw: Mr. Uhazie: April 23, 2024 31362 striped parking spaces and eight more at the pumps. Cross access and parking will be available on the adjacent property to the south. Dumpster enclosures are shown in the southwest corner. Design of the enclosure gates is consistent with the city's policy of requiring long lasting solid panel material. Stormwater detention would be managed using an underground system and for signage, the plans do not indicate any type of proposed signage for the site or building. With that, Mr. Chairman, I can read out the departmental correspondence. Yes, please. The first item is from the Engineering Division, dated March 8, 2024, 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, but would like to note the following items: 1. The subject parcel is assigned the address of #34901 Ann Arbor Trail. Should additional addresses be needed, the Owner will need to contact this Department once permitting has been completed. 2. The legal descriptions submitted with the drawings appears to be correct and should be used for the parcels should the waiver -use be granted. 3. Any disturbances with the Wayne Road right-of- way will require permits through the Wayne County Department of Public Service, including drive approach and sidewalk removals andplacements."The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated March 18, 2024, 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 with the following stipulations: 1. Maintain appropriate access way measurements for emergency vehicles. 2. Follow through with State of Michigan inspections if required. A further detailed plan review will take place when this division receives an official plan set."The letter is signed by Brian Kukla, Fire Marshal. The next letter is from the Division of Police, dated March 11, 2024, which reads as follows: `1 have reviewed the plans in connection with the petition. I have no objections to the proposal." The letter is signed by Paul Walters, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated April 3, 2024, which reads as follows: " Pursuant to your request, the above -referenced Petition has been reviewed. 1. Parking spaces shall be 10' wide and 20' deep and double striped. 2. The van -accessible barrier -free parking space shall be sized, signed, and marked in accordance with the Michigan Barrier -Free Code. 3. The proposed plan does not provide April 23, 2024 31363 provisions for a bypass lane for the drive -up window as required. 4. The proposed plan does not provide parking spaces designated for drive -up window patrons as required. 5. Signage has not been reviewed. All signage must be in accordance with the sign ordinance or a variance from the Zoning Board of Appeals would be required. 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 Mach 7, 2024, which reads as follows: "1 have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. We received an email from Susie Nash, Treasurer, stating that there are no taxes or water due. That is the extent of the correspondence. Mr. Bongero: On Mr. Hanna's review of the plan, it said that there's no provisions for a bypass lane for the drive -up window as required, and then he said no parking spaces designated for the drive up window, is that been handled or is that still outstanding? Mr. Miller: The bypass lane, because the property owner owns the adjacent property. So that... He's okay, you can get around it. Yes. Yes. Okay. Because then Jerome doesn't understand. Right. Okay, because it isn't really on the property but they can do cross access and then the parking is the same. Okay. Okay. Thank you. Mr. Bongero: Mr. Miller: Mr. Bongero: Mr. Miller: Mr. Bongero: Mr. Wilshaw: Nasser Choucair Mr. Wilshaw: Mr. Choucair: Thank you. Any other questions for our planning staff? If not, our petitioner is in the audience. Feel free to come forward. Good evening, sir. , NC Designers, 3241 South Telegraph, Dearborn MI. Thank you for being here, Nasser. Was there anything that you'd like to tell us about your redevelopment of this parcel? I mean, you guys explained, and you said enough about the site but the main purpose of this is to redevelop the site, get better Mr. Wilshaw: Apri123, 2024 31364 circulation and to get a drive thru restaurant in there and serve that community better. The team really does steal the thunder when it comes to these presentations, don't they? All right. Let's see if there's any questions from any of the commissioners for you. Okay. Any questions for our petitioner? Mr. Ventura: Thank you, Mr. Wilshaw. You're gonna add food to your gas station that you don't have now? Mr. Choucair: Yes. Mr. Ventura: Can you tell us...is this gonna be a brand? Is it gonna be a national brand that somebody would recognize or you're going to be cooking this food yourself? Or how's this going to be handled? Mr. Choucair: So, the owner is working with a franchise and we're not sure 100% ilf they're coming in or not? I'm not sure if he's gonna get that or not yet, but there is a franchise that is going to be probably taking that space as a drive thru. Mr. Ventura: Okay, and Did I understand correctly from the study session that you'll have the same number of pumps that you have today, buth they are gonna be located in front of the building instead of on both sides? Mr. Choucair: Mr. Ventura: Mr. Wilshaw: Mr. Caramagno: Yes, a canopy with four dispensaries. Thank you very much. Thank you. Thank you. Mr. Ventura. Any other questions for our petitioner? I see that the columns are going to be bricked going up in the approval of minutes. And my question for you is, where the parking lot is going to share property with the property to the south, you're going to open that up? Is that going to be free - flowing traffic both ways, in and out of the gas station property? Mr. Choucair: That's the purpose of it. I mean, to help both sites to have shared access. Mr. Caramagno: Did I hear that the same owner owns both properties? Mr. Choucair: Yes. Mr. Caramagno: Okay. The next question I've got is, I don't see the free air on this. Mr. Choucair: Mr. Caramagno: Mr. Choucair: April 23, 2024 31365 We'II do that. No problem. Where will that be located? I mean, it wouldn't be next to the... it should be on one of the ends. I mean, that one would be a handicap and we'll put it on the other end, I believe. Mr. Caramagno: I'm sorry, what? Mr. Choucair: We can put it on the front of the building on the other end. Mr. Caramagno: The other end of what? Mr. Choucair: Towards where we have shared access. That's where it is now. Mr. Caramagno: Okay, so that'll remain the same. There'd be no change with that. Mr. Choucair: No. Mr. Caramagno: Okay. I just didn't see it on here. Thank you. Mr. Wilshaw: Mr. Choucair: Mr. Wilshaw: Mr. Wilshaw: Mr. Choucair: Mr. Wilshaw: Mr. Choucair: Mr. Wilshaw: You stole my thunder. That's what I was gonna ask. So it's going to be near the south end of the property, Nasser, that's what you're saying? Yes. Okay. Where the cut through is? Okay. All right. Any other questions for our petitioner? I don't see any other questions from any of our commissioners. Is there anyone in the audience wishing to speak for or against this petition? I thought they were all here for you, Nasser. I guess not. Okay. If there's no other questions for any of our commissioners, then, is there anything else you'd like to tell us before we make our decision? Thank you. Okay, that's fair enough. Let's see if you'll thank us after. I'll close the public hearing at this time and a motion is an order. April 23, 2024 31366 On a motion by Ventura, seconded by Long, and unanimously adopted, it was #04-15-2024 RESOLVED, That the City Planning Commission does hereby recommend to the City Council that Petition 2024-02-02-05 submitted by N.C. Designers & Contracting Inc., on behalf of Mike Alcodray, requesting waiver use approval under Sections 6.26 and 6.51 of the City of Livonia Zoning Ordinance, as amended, to re -develop the existing gas station site, including constructing a new building with a drive -up window for a food -service operation, at 34901 Ann Arbor Trail, located on the southwest corner of Ann Arbor Trail and Wayne Road in the Southwest Y4 of Section 33, be approved subject to the following conditions: 1. The Site Plan identified as Sheet Number SP-103, dated September 13, 2023, prepared by N.C. Designers & Contracting Inc. is hereby approved and shall be adhered to. 2. Approval is subject to the City Council waiving the minimum sixty -foot (60') setback requirement from Ann Arbor Trail. 3. A perpetual cross -access and parking agreement with the adjacent parcel shall be recorded with the Wayne County Register of Deeds. The agreement shall be submitted to the Inspection Department as part of the building permit application process. 4. All parking spaces, except the required handicapped spaces, shall be double -striped at ten feet (10') wide by twenty feet (20') in length as required by the Zoning Ordinance. 5. The submitted Landscape Plan, Sheet SP-201, dated September 13, 2024, is approved in concept. A final landscape plan with the species types, quantities, and sizes of all plant materials shall be submitted to the Planning Department for approval before the issuance of any building permits. 6. All disturbed lawn areas shall be sodded instead of hydroseeding. 7. Underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and permanently maintained in a healthy condition. April 23, 2024 31367 8. That the Elevations Plan identified as Sheet Number A-402, dated September 13, 2023, prepared by N.C. Designers & Contracting Inc. is hereby approved and shall be adhered to. 9. All rooftop mechanical equipment shall be concealed from public view on all sides by screening, which shall be compatible with the materials and colors of the other exterior materials on the building. 10. The three walls of the trash dumpster area shall be constructed out of building materials that complement the building. The enclosure gates shall be solid steel or durable, long-lasting panel fiberglass. 11. That any illumination of the pump island canopy shall be restricted to the undercarriage, and all light fixtures shall be recessed and made flush with the established ceiling; provided, however, that this section shall not apply to those specified signs which are expressly allowed by the district regulations of the Zoning Ordinance. 12. The gas pump island canopy shall not exceed eighteen feet (18') in height, and its support columns shall be covered with the same brick used in the construction of the building. 13. All light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadways. 14. No outside storage, placement, or merchandise display shall be permitted at any time on this site. 15. Under Section 6.26 of the Zoning Ordinance, free air shall be provided whenever this station is open for business. The free air shall be dispensed at the point of service without entering the station or performing any extra action to obtain the air without charge. 16. There shall be no vehicle vacuum equipment or outdoor storage of propane cylinders on the site. 17. The sale of ice shall be restricted to the inside of the building. April23, 2024 31368 18. Only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals. 19. No LED lightband or exposed neon shall be permitted on this site, including, but not limited to, the pump island canopy, building, or around the windows. 20. Any type of exterior advertising, such as promotional flags, streamers, or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited unless approved by the proper local authority. 21. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 22. Under Section 13.13 of the Livonia Zoning Ordinance, as amended, this approval is valid for one year only from the date of approval by the City Council. Unless a building permit is obtained, this approval shall be null and void at the expiration of said period. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 of the Livonia Zoning Ordinance, as amended. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to the City Council with an approving resolution. ITEM #5 PETITION 2024-02-02-04 Basilica of St. Mary Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2024- 02-02-04 submitted by Basilica of St. Mary requesting waiver use approval under Section 6.50 of the Livonia Zoning Ordinance, as amended, to construct and operate a Montessori school and family/youth center at 18100 Merriman Road, located on the east side of Merriman Road between Six Mile Road and Seven Mile Road in the Southwest'/4 of Section 11. Mr. Uhazie: This is a request to construct and operate a Montessori school and Family Youth Center on the east side of Merriman Road between Six and Seven Mile Roads. The total land area owned April 23, 2024 31369 by St. Mary's is 21.3 acres and is currently divided into three zoning classifications. The front of the property, approximately 8.7 acres including the Basilica and cultural center is zoned RUF, and N2. The remaining 12.6 acres, which mostly includes the easterly portion of the site, comprising land previously owned by LPS is zoned PL (Public land). The subject site measures 680 feet of frontage along Merriman Road with a depth of 1,200 feet for a total land area of 21.48 acres. This site has started the rezoning process and it's gone through to the City Council and the rest of the petition will come with this or is waiting for the rest of this petition to be resolved. The surrounding neighborhoods bordering to the north of the site are residential properties on Bainbridge and Sunset streets and public parkland, including Bainbridge Park and Beverly Park. Traversing these properties is a tributary of the Belle branch part of the upper Rouge River watershed, which is mostly undeveloped and part of a floodplain. To the east are single family homes in the Sunset Park subdivision and to the south is the remaining portion of the former Bryant school property still owned by LPS. The proposal would construct a new one-story building positioned directly east of the cultural center. The first floor has an area of 32,966 square feet and a maximum height of 35 feet with seven classrooms, three multipurpose rooms and an approximately 900 square foot kitchen. There'll be a 10,000 square foot gymnasium with space for 488 people and 720 square feet elevated stage, bleachers with an occupancy for 216 people are identified on the plan. For building materials, it would include split face CMU and alternating brick veneer colors. The building would include metal awnings and decorative wall scones with limestone caps. Parking for educational and public or quasi -public uses requires one space for each employee plus efficient off-street parking for the safe and convenient loading and unloading of students. The petitioner identified a total of 20 employees. This plan identifies 7,310 square feet of public or quasi -public use, which would require 146 spaces. The site plan shows 166 parking spaces. For landscaping the site requires 13 interior parking lot trees and 16 trees are present on the plan. To the south is a 20-foot-wide greenbelt buffer with one tree per 20 linear feet. Stormwater would be maintained in an underground storage system beneath the parking lot located behind the building. The average illumination for the parking lot and loading areas is 0.3-foot candles, which conforms to the zoning ordinance. With that, I can read out the correspondence. Mr. Wilshaw: Yes, please Mr. Uhazie: April 23, 2024 31370 From the treasurer's office, all taxes and water are paid, signed Susie Nash, City Treasurer. From the accounting department "/ have reviewed and the address connected with the above noted petition as there are no outstanding amounts receivable general or water and sewer. I have no objection to the proposal", signed Connie Kumpula, Chief Accountant. From the Department of Inspection, it reads: `Pursuant to your requests the above reference petition has been reviewed. One if K through 12 grades are taught the state of Michigan will have jurisdiction over the construction of the school. construction plans would then be submitted to the state of Michigan for required building permits and Inspections. This department has no further objections to this petition", signed Jerome Hanna, Director of Inspection. From the Traffic Bureau, it reads: `/ have reviewed the plans in connection with this petition. I have no objection objections to this proposal", signed Paul Walters, Seargent, Traffic Bureau. From the Fire Department, it reads: "This office has reviewed the site plans submitted in connection with a request to construct a commercial building on property located at the above reference address. We have no objections to this proposal with the following stipulations adhering to the fire code. One sprinkler suppression system required with alarm monitoring to fire hydrant with 100 feet of fire department connection. Three maintain emergency vehicle access with required spacing distances per code. A further detailed plan review will take place with this division. When this division receives an official plan set.", signed Brian Kukla, Fire Marshal. From the Engineering Department, it reads: `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, but would like to note the following items: 1. The subject parcel is assigned the address of #18100 Merriman Road. Should additional addresses be needed, the Owner will need to contact this Department once permitting has been completed. 2. The legal descriptions submitted with the drawings appears to be correct and should be used for the parcels should the waiver -use be granted. 3. The existing parcel is currently serviced by public sanitary sewer and water main, as well as private storm sewer. The submitted drawings indicate that new services will be installed for the proposed structure, which will be reviewed during the permit submittal process. Based on the submitted drawings, we do not believe there will be negative impacts to the existing systems. 4. The drawings indicate the intention to provide stormwater detention onsite, which will be required per the Wayne County Stormwater Ordinance. Stormwater calculations will be reviewed during the permitting process. 5. Any disturbances with the Merriman Road right-of- way will require permits through the Wayne County Department Mr. Wilshaw: Mr. Ventura: Mr. Uhazie: Mr. Ventura: Mr. Uhazie: Mr. Ventura: Mr. Uhazie: April 23, 2024 31371 of Public Service, including drive approach and sidewalk removals and placements." is signed David Lear, Assistant City Engineer. Lastly, we received one email from residents signed Brookfield Brookwood estates and the surrounding neighborhoods, opposed to the zoning of the property specified in the Basilica of St. Mary petition. 2024-02-02-04. " This petition to rezone to N2 should not be allowed and is in direct conflict with Livonia zoning ordinance Section 3.05 From the city council study meeting dated January 24, 2023 ; " Section 3.05 of the zoning ordinance specifies that educational uses are permitted in the N2 District. The code defines educational services such as public libraries, public primary and secondary schools, and publicly owned and operated institutions of higher learning. Make no mistake, whatever the Basilica of St. Mary calls it, a Montessori, family center or learning center its still a school that is funded by enrollees that pay tuition. A state school or public primary and secondary school is defined as A State or public primary (elementary school) or secondary school (junior or high school) that educates without charge. Such schools are funded in whole or in part by taxation." Private / parochial schools have to be approved by the State of Michigan. I would suggest that both the planning commission and the city council do their homework in regards to the regulations of the State of Michigan before this issue get out of control. The Basilica of St. Mary petition to rezone to N2 to build their school does not educate without charge and is not funded in whole or in part by taxation. This petition should not be approved. If this was to be approved it would appear that city council has disregarded Livonia's zoning ordinances." signed Matt Bilbo. That is the end of the correspondence. Thank you. Mr. Uhazie. Is there any questions from any of the commissioners for our planning staff? Thank you, Mr. Wilshaw, Jacob, do I understand that the property immediately north of the church is a floodplain? Correct. And that heavily wooded area can never be built on? Correct. So, there's not an opportunity for homes to be adjacent to this property to the north? Yes, they have provided a detailed drawing of where the wetlands are and how that impacts the property. Mr. Ventura: April 23, 2024 31372 Okay, thank you. And then I guess my second question is, do you know the distance from the proposed Montessori School to the homes to the east? Mr. Uhazie: To the east it looks like...at least to the chain link fence, it is 1,351 feet from the building all the way to the east chain link fence. Mr. Ventura: Okay. Thank you. Mr. Wilshaw: Thank you, Mr. Ventura. Any other questions for our planning staff? I don't see any other questions for our planning staff. Our petitioner is in the audience tonight. Feel free to come forward. Good evening. Brandon Grysko, attorney for the petitioner address, 41700 Six Mile Road, Northville, MI Mr. Wilshaw: What would you like to tell us about this petition? Mr. Grysko: So as usual, the planning staff did a great job explaining the project. Some of the specifics related to the zoning ordinance and things like that, regarding how those factors are satisfied. I think at the study session, we had talked about that as well, and identified that we believe, at least I think, at least conceptually, the Planning Commission was sort of on board that the origins factors have been met. I do have a couple of general waiver requirements that I would like to go over. I would first like to address just very briefly, the letter regarding section three of the zoning ordinance regarding public education versus private education, things like that. So, the city actually required us to submit under Section 6.05, which would make this as like an ancillary use to the existing religious use. So that's why it falls under the religious use category, rather than a public education type of use category. But that said, you know, the regulations that apply to any school would still apply to this project, as far as the state level goes, but as far as the city's zoning ordinance goes, at least our position would be that we fall under a separate section of the ordinance there. And so I just wanted to take a moment to address that issue. As far as the waiver -use standards go, I did just want to touch on those very briefly. You know, one of the factors to consider with that is whether or not the proposed use, size, location and character is going to be in harmony, and appropriate with the orderly development of the surrounding neighborhoods. So Mr. Uhazie did identify that to the south, it actually used to be a school that was probably two, three times the size of the school that we have currently. And just to the north April 23, 2024 31373 of the development that we're proposing, there currently is a Montessori use that that is in use in the Basilica. So that use has been historically present, adjacent to our property, and is also currently present adjacent to our property. And so from the perspective of whether or not this is going to be in harmony with the orderly development of that parcel, we think that's certainly the case based on the historic and current use of adjacent parcels. So additionally, as it pertains to the location and height of the building and square footage of the building, the height of 35 feet being sort of a standard single story height, or not single story rather, but being of a height that would be allowed in any zoning district have a similar type, I think also further characterize this as something that would be in harmony with the zoning district. Moreover, as far the traffic goes, we've identified on the site plan that there's going to be directional pavement markings for traffic. There's going to be a single directional drop off loop in order to protect children being dropped off. So, there's really not going to be any confusion pertaining to what direction people are supposed to be going or where the drop off/pickup area is, and things of that nature. So, we think that factor as it pertains to the general waiver -use requirement also satisfied there. Moreover, we currently have about 70 Students enrolled, where traffic is currently going to and from the property. And so, to that extent we're not expecting certainly double or anything like that. There probably wouldn't be an increase or at least we're trying to generate enough interest for the increase in students there, but the reality is that it's not going to be, you know, 100% increase or anything like that. So, we certainly feel the existing traffic light for the area, and then the existing size and scope of the parking situation is going to be sufficient to protect the children and also promote orderly vehicle traffic and things of that nature. One of the last things I wanted to touch on specific to the waiver -use criteria regarding the zoning ordinance in the Master Plan. The Master Plan designates this area for the future land use plan as parks and community, which includes privately owned facilities providing recreational, educational, governmental and other services to the community. So certainly, this would be providing educational services to the community. And so it'd be right in line with the parks and community designation on the future land use plan involved with the master planning. And there's also going to be a gymnasium which provides recreational opportunities as well there. Both of these uses would be allowed in the public lands in the N2 zoning districts. The N2, which we're going to and the PL, which it currently is today. So as a result of that, and then there are a number of other benefits, I think to this project, including the fact that additional schools in the community, good schools, new schools, we think is going to benefit by providing Mr. Wilshaw: Mr. Ventura: Mr. Grysko: Mr. Ventura: Mr. Wilshaw: April 23, 2024 31374 younger families with the ability to have more options with respect to where to send their children, this is going to be open enrollment to anybody who'd be interested in it. This isn't restricted to any particular religious group or parish or anything like that. And there's also going to be underground stormwater added to the project that is going to also assist with the water situation during rain events. I think it's in your packet, but I think to the base flood area, we're 100 feet at the very, very closest and farther than that in other areas. We've also got a definitive determination from EGLE that no wetland permits are going to be required. And then the NR EPA only requires any floodplain permitting when you're going to alter or occupy a floodplain, and of course, we're over 100 feet from any floodplain area so that's not going to be a concern either. We do also have some renderings here. We have our architect, and civil engineer president who would be happy to take any questions pertaining to the technical side criteria that the Planning Commission might have. And other than that, we look forward to the opportunity to develop this facility to provide additional educational opportunities to young families in the community, and to give our existing students and future students and staff and teachers an upgrade to the facilities. So, we thank you for your consideration and thanks for having me tonight. Thank you, Mr. Grysko. I'm sure we will have some questions for you or some of your team there. Let's see if there's some questions regarding this petition from any of our commissioners. Anyone with questions for our petitioner? I'll ask a question. The package that we have that you really can't see, Mr. Grysko, has some renderings in it and then it doesn't have the rendering that you see on screen here. But in one of the renderings that we're looking at the building is white, and then in the other renderings the building is two tone brown and tan. So that's it. Okay, great. That's a good answer. There may have been an issue with the way the color showed up on the pictures. Okay, so this is the way ifs really gonna end up. If you could do me a favor and set it in front of that front chair. Our crack television crew will get a zoom in on that and be able to put that on the TV so that folks in our audience and online can also see that. Thank you for presenting that. Any other questions, Mr. Ventura? Mr. Ventura: That's got it. Thank you. April23, 2024 31375 Mr. Wilshaw: Okay, any other questions from any of our other commissioners? Mr. Caramagno: On one of the sketches here I see toward the east end of the property looks like a parking lot, but it doesn't show a clear parking lot spot. What is that that I'm looking at with all the lines? It's not a solar field or a solar panel field or anything is it? Ghassan Abdelnour, JV Associates Architect, 24001 Orchard Lake Road, MI. I think that may have to have Ghassan answer that, but I think that may be the playground area but go ahead. Ghassan Abdelnour, JV Associates Architect, 24001 Orchard Lake Road, MI. The one with the back of the playground area? Mr. Caramagno: No, I'm talking about just to the east of there to the right of in the picture. What is that? Is that a parking lot or...what is that? It doesn't show parking spaces. Mr. Wilshaw: Is that the underground water detention area? Mr. Abdelnour: Yes. Yes, it is. It is a parking area. But there's an underground detention under the park. This detention helps a lot for a lot of water issues outside. So now existing, we don't have a detention pond. So now we're creating this detention park for that new area and connecting and that's going to solve a lot of water issues on the site that people have problems. Mr. Caramagno: So that I'll be underneath the parking lot. That's the underground detention that you are talking about. Thank you. Mr. Wilshaw: Ghassan, did you want to introduce yourself? Ghassan Abdelnour, JV Associates Architect, 24001 Orchard Lake Road, MI. I'm the architect on the project. Mr. Wilshaw: Okay, very good. Thank you. We appreciate you here to explain the details of the architectural elements. Mr. Abdelnour: Absolutely, because the elevation we're trying to work with the existing buildings between the church and community center we have so we are matching the two brick and the building so they look like more like a complex, so it doesn't look like a building different colors and requirements. Mr. Wilshaw: Mr. Abdelnour: Mr. Wilshaw: Mr. Abdelnour: Mr. Wilshaw: Mr. Abdelnour: Mr. Wilshaw: Mr. Bongero: Mr. Wilshaw: April 23, 2024 31376 And in regard to Mr. Ventura's earlier question, because our audience may not have been able to hear what you're saying off microphone, the one rendering we have, which shows the building kind of highlighted in white makes it sort of... is it sort of just a glowing effect that you're giving so that we can see that this is the new building on the property? Actually, this rendering was provided long time ago. So, when we've been submitting this is the new renders that have been approved. Okay. I see, okay. And do you happen to have a sample board of materials with you, or just the renderings? Just the colors. We're trying to match exactly the color. We have a split face block at the bottom that match actually with the color of the church itself. Okay. And we have brick, bigger sized colored bricks and units on the building, it's more brownish matching with the Community Center, and just with the part of the building itself, of the church, The whole building will be made from masonry. The entrance, we are trying to create some nice entrance made from some nice metal. and just to coordinate with the building. It has a covered area for people to walk to the building itself. Especially when people are dropping their kids we are trying to make it a little bit easier. And we do have a drop off area that is only one direction. And these drawings, if we if we are approved, we have to submit to the state. Because of the drop off area, we have to meet state requirements, also with the city requirements. So, the state requires that kind of to have one direction drop off area for safety for the kids. Okay, thank you for that information. Let's see if there's any other questions from any of their commissioners. Just a quick question. What are the...five days a week for the school? Five days and then what are the hours for a typical school day. Sir, please come forward. Salem Samaan, on the board of the Montessori School, Livonia, MI. It will be five days a week from seven to four. April 23, 2024 31377 Mr. Bongero: Okay. Mr. Wilshaw: Thank you. You might want to stay up here for just a second in case there's any other questions. Any other questions regarding the school? We have this gentleman here. If not, I'll ask one or two. You said or your attorney said that there was currently 70 students enrolled at your existing Montessori and that you're looking for sort of an indeterminate number. Do you have an idea as to how many students total you're looking at having at this facility? Mr. Samaan: At this point, where we're at, we basically outgrew the space with the 70 students. We're limited to how many we can have and its also not very conducive to the teachers to have limited space. So, I'm guessing that we may increase it by 40 to 50 students. Mr. Wilshaw: Okay. And what grades do you serve? Mr. Samaan: It's, it's not grades. It's age one through six, Mr. Wilshaw: Age one through six. Okay. Mr. Samaan: It's a Montessori school. Mr. Wilshaw: Right. So preschool, and is it pre -kindergarten as well? Mr. Samaan: It could be but it's one through six. Mr. Wilshaw: Okay. All right. Any other questions from any of our commissioners? Mr. Caramagno: Thank you. Mr. Chair. I was curious. I've got a couple now. Thank you, the gymnasium and the weekend activities. Tell us a little bit about how those hours work and the activities that will happen there. Mr. Samaan: It is a gymnasium. It is for the use of the Montessori School, perhaps also the Basilica. There may be times when we would lease out or allow the different high schools, for the boys schools, to use it for sports and so forth. So, it would be during the day for the most part. If there's any activity in the evening, it probably, if it's a sport activity, it may go to eight, nine o'clock, but there'll be nothing more than that. Mr. Caramagno: There'll be on Monday through Saturday, will it include Sunday? Mr. Samaan: April 23, 2024 31378 If there's something going on a Sunday, it'll depend if there's somebody that needs to use the facility on Sunday, but it's not...again, it would be a sports activity with them. Mr. Caramagno: Okay, I am not real hip on how often schools lease, lease other gymnasium properties. Is that something that will happen often or on rare occasions? Mr. Samaan: Mr. Caramagno: Mr. Samaan: Mr. Caramagno: Mr. Wilshaw: Mr. Wilshaw: Mr. Grysko: Mr. Wilshaw: Mr. Grysko: Mr. Wilshaw: Not often, but if you have any kids that are participating in any sports activities in the City of Livonia They're always looking for a place to practice or to have games. Mostly it'd be for practice. Will it just be City of Livonia schools or is it open to anything in Metro Detroit? City of Livonia schools. Okay, thank you. Thank you, Mr. Caramagno. Any other questions for our petitioner? One other question, I guess to sort of go off Mr. Caramagno's last round of questioning, and obviously we know about the Montessori use of this school for grades are ages one through six. What other uses do you anticipate this building will have outside of that? The principal use of the building is intended to be as a school. So even the gymnasium, I mean, to the extent that other schools, you know, tend to have gymnasiums, and things of that nature, that would be the principal use of the building. But do you see this being used for other activities, evening activities, events, sort of like the cultural center rental, any that type of thing? Not that I've heard of. I think that there's been some discussion about what potential could happen in the future, but certainly at this time, it's just really envisioned as a school. Okay. And the bulk of the interior layout, I don't know that we talked too much about it, but you can kind of see from this diagram that's on our screen there is mostly classroom environment, correct? April 23, 2024 31379 Mr. Grysko: Yeah, there's a classroom environment. The gymnasium takes up a fair amount of space. And then there's some office space for staff and things like that. Mr. Samaan: It could be an overflow for church activities, for example, church schools and so forth. So that would happen on usually Saturday or Sunday. So it's to be used by overflow. Mr. Wilshaw: Okay. And there's food preparation, as well in that building for...there's no food? Mr. Samaan: There's no food preparation, I think there may be heating some because that's required by schools. Mr. Wilshaw: Okay. That's the only questions I have at this moment. Is there any other questions from anyone else? If not, we're gonna go to the audience and see if there's anyone wishing to speak for or against this petition. I know we do have a lot of interest from people in the audience. So, feel free to come forward to one of our two podiums, and we will give you an opportunity to speak. I am going to set... because we do have a lot of people here, we're going to ask that your comments be kept to three minutes. I will let you know when you're hitting the three -minute mark so you can summarize and finish your comments. We do ask that you address the commission. Do not speak to the petitioner. Ask us your questions or your comments for or against. And we'll go one at a time. Good evening, ma'am. Joann Yurgil, 18345 Bainbridge, Livonia, MI. Aa couple questions. Earlier meetings, a few months ago there were referrals to possibly being their like counseling done on site. I didn't hear anything about that this evening. Another question is, currently the Montessori school children dropped off by private vehicle, will it continue that way? Or will there be like a minivan or you know, school van service? Just another question about the use. And I thought I heard there was like some kind of a...1 thought I heard like a 900 square foot kitchen. No. Can you repeat? So, what is the purpose of a kitchen of that size? Is that what's required for a Montessori? So just some basic questions and then any future plans...you have seven classrooms? Any any future plans to expand up to higher grades because Montessori from my experience, there are people that are trained to teach maybe second, third, fourth, a little higher than the age six. So, you know, just looking for future plans since I live fairly close by. Thank you. Mr. Wilshaw: We appreciate your comments. Thank you. And again, any questions that are asked, we'll try to ask the petitioner to answer those once we hear from everyone. April 23, 2024 31380 Laura Burke, 30573 Brookview, Livonia, MI. My first thing is I received...my house again, since I've seen you last year, I've seen the council, we've gone through this. My fence is the property line of the church. Okay, so we got this in the mail last year, and then we got this this year. And they look like they're two different diagrams. So, my question one is, is it different from the '23 diagram that we got? Because it looks like it's extended, or it's not extended? And I believe what possibly could be extended now, because it was never brought up is perhaps the parking lot. So, I think you guys said it is 3,153 feet to the east house, which would be my house. So, I have no idea how long that is. If you said maybe a football field, I might figure that out or something, but it does seem like what I'm going to get in my backyard is not what was proposed earlier last year, which was everything's going to be up close, just like the old school was, which I lived there with the old school. It never bothered us, the parking or any of that because it was up by Merriman. It doesn't appear to be that way. So I would like two things. I would like you guys...I would like to invite all of you over to my house one evening, and have a beer or coffee or something on the deck and see how many cars that I see in my windows. One window from the church parking lot on a given day that they have their activities, which is fine. I've never called on the music. I've never called on the lights. But I'm telling you last week was an example. I actually got up because it looked like someone actually flashed a light in my window and I went downstairs because I thought someone was out the house, and it wasn't. When I looked out I had to walk out to the garage and it was actually a car in the parking lot. And that was from a car because I...the big three are making great headlights nowadays. So, I can't imagine it being 3,000 feet from my house. That is upsetting to me that that was not brought up. It appeared last year when you guys were given these, that it was a school for Montessori children. It wasn't going to be used for perhaps other people to use the gymnasium because now you're talking...the gymnasium would be used by high school kids. They go to school during the day. So now it's going to be in the evenings. So not only are we going to have the festivities that they have they currently have that's fine. I've been there many times, but now I'm going to have the activities, perhaps how many days? Seven days a week? All evenings? Mr. Wilshaw: You have reached the three minutes. Can you summarize? Ms. Yurlik: Yep. I'm just saying I really would like you guys, before you make a decision sitting at your desk and your chairs, to come over there Mr. Wilshaw: Ms. Yurlik: Mr. Wilshaw: Trevor Wilson, Mr. Wilshaw: Mr. Wilson: Mr. Wilshaw: April 23, 2024 31381 and sit by our houses. Not just my house, but all the other houses. That's all I ask. Thank you. Thank you for your comments. Thank you, ma'am Knock on the door, or I'll send you an invite personally, all of you. We appreciate that. Thank you. Sir. 17538 Hillcrest, Livonia, MI. Question regarding the site plan. Looking at the site plan, you guys showed up there on the south side. There was a wall of trees kind of meant for privacy Pm guessing. I'm feeding in to her comment. I didn't see anything on the south side. I'm sorry. On the on the east side as an east side neighbor. Is there a plan? Or is it included to have like that same kind of tree line going across the eastern most border of the back property? Well, that wasn't shown on the plan. But that's something we'll ask the petitioner to comment on when he gets back up here. All right, cool. That's my question. Thank you. Thank you, sir. Good evening. Brian Smith, 30126 Brookview Drive, Livonia, MI. Thank you for this opportunity to present my thoughts. I just want to thank the commission for your hard work over the years. You do a great job and I mean that sincerely as a lifelong Livonia resident. It's a hard job and you do a really good job. Thank you for reading the email from Brookview Estates earlier. I think that's a very important email and it carries a lot of weight. I'm kind of a guy that deals likes to deal in facts. So I want to present some facts tonight. Hopefully nothing in my remarks is new information. It certainly shouldn't be new information to you. Bryant Field is one of our last precious green spaces left in the City of Livonia. It has been used as a neighborhood park for over 60 years, long before Rotary and Bicentennial were even constructed and it's still used today by senior citizens walking their dogs and children flying kites. The fact is we invited an EGLE representative to come to the Livonia Community Library and address the residents. We asked him if he had any concerns about this petition and the waiver use and he said, well, yes. The segment of the Terra Boosey between Bryant and Coolidge, according to his studies, is the most contaminated segment in that entire tributary. The petitioner didn't mention that because they had their own EGLE representative, but that's what our legal representative told us. Mr. Wilshaw: April 23, 2024 31382 Fact, the petitioner still has not presented a response to standing water. There is no setback with their proposal. It directly abuts the Terra Boosey wetlands. there is no setback. Fact, this development would destroy two trailheads along that wetland. These trails I walk twice a week. Fact as mentioned previously by others, their current noise pollution and lighting pollution issues emanating from the St. Marys Cultural Center are disruptive to the residence of Mayville. Thank goodness I don't live on Mayville. And they have been for many years. There's a long list of complaints to the Livonia Police Department, which you can check out. Fact, the residents of Brookwood estates and other neighborhoods within a one -mile radius of St. Mary's Basilica, have signed an online petition over 800 people signed it. Nobody wants this facility. I have gone down my street and asked my neighbors not one wants to see this. And we fear the harm to our property values. Thank you very much. Thank you, Mr. Smith for your comments. Cathy Gifford, 17587 Hillcrest Street, Livonia, MI. Backing up to the field. I am interested in hearing if they plan on building a wall, a tall wall to block their public areas, and all the problems that come with them. So, the neighborhoods can have privacy and carry on with their lives the way they have. Mr. Wilshaw: Mr. Gifford: Mr. Wilshaw: Mr. Miller: Mr. Wilshaw: Ms. Gifford: We will ask them that when they come back up. I don't think there's any wall that's proposed in this particular development that I've seen on the plan. How would we make it a requirement? Who would start that ball rolling? The requirement for walls is generally in Mr. Uhazie or Mr. Miller from our Planning Department can describe that but generally walls are required when you have adjacent zonings that are when commercial and residential are next to each other. When these types of developments are next to residential, a wall is generally not a requirement, is that correct? Correct. It's residential to residential. Okay. So, can we change that so it is a requirement? Well, otherwise, a residential area is going to die down. Mr. Wilshaw: Ms. Gifford: April 23, 2024 31383 Well, that would require a zoning change, because that's part of our zoning ordinances but to realize that if you require a wall between two residential developments, that would also mean putting walls between everybody's houses. I'm sorry, residential wall between two houses or this commercial venture of the church and the residential homes that are already there? Mr. Wilshaw: Right. Well... Ms. Gifford: Which is it? Are they a residential zoning? Mr. Wilshaw: Residential zoning, yes, correct. Ms. Gifford: They are currently...they're now a residential zoning, but they're putting in commercial buildings. How did this come to be? Mr. Wilshaw: This is not considered a commercial development based on the zoning ordinance. So, a wall would not be required as part of the zoning currently. Ms. Gifford: And where would we go to get that zoning correction done? Mr. Wilshaw: Again, you can speak to City Council on that. They start the process of rezoning request, but like I said, in this case, you have two residential zonings next to each other. If you were to require a wall between two residential zonings, that would also mean every residential zoning in the city in the future would require a wall, so it could be a slippery slope. Ms. Gifford: Is the church property going to stay residential zoning once it has commercial buildings on it? Mr. Wilshaw: We don't know what other development will happen on this property. But what we're dealing with right now is not a zoning question. We're dealing with a waiver use for this and a site plan for the building. Ms. Gifford: I think that people in the audience want to hear about a wall protecting us from this venture. Well, that's something we're interested in. Mr. Wilshaw: We're interested in your comments, and we appreciate your comments. But I can't keep going back and forth on this wall. I've explained what I can to you regarding what the zoning requires. Ms. Gifford: Mr. Wilshaw: Mike Burgess, Mr. Wilshaw: Mr. Burgess: April23, 2024 31384 And we do appreciate your thoughts of wanting a wall. And we'll take that into consideration. Thanks for your time. Thank you, ma'am. Gentleman, would you like to speak? 30825 Mayville, Livonia, MI. Okay, I heard right now, Montessori School has 70 students. Okay, and they're only talking about once they build the new school and the auditorium. They're going to gain another 40 or 50 students possibly. That's what I heard. But at Five Mile and Middle Belt there's already a Montessori school there. On Seven Mile there's a Montessori school there. And it's like, what are the residents of the surrounding area going to gain from that? If you grant them access to build this other school? You know, I don't know. We don't gain anything, we just lose. That traffic is going to be more. And I'm just wondering if the council will take that into consideration. You know, I've got nothing against the school. I got nothing against church. Nothing against the father and all that but I'm just bringing that up. And is that going to raise our taxes as homeowners? Because I live on Mayville. Right next to the field where all this is going to go on. So just there are questions that people have not brought up. And I thank you for your time. Mr. Wilshaw: Well, thank you for coming, and we do appreciate your raising those concerns. Thank you, sir. Good evening. Steve Johnson, 18240 Sunset, Livonia, MI. Originally, we were told the building would be used as a Montessori school for children ages one through six. And the concern I and some of the others in the area have is that this building will turn into a commercial venture. The term family/Youth Center seems quite vague. All the way up and down Merriman between six and seven and to the east and west is residential single-family homes. My question is, can there be a condition placed upon the waiver that the building will only...will not be used for commercial venture or commercial operation and will only be used for religious purposes. Thank you. Mr. Wilshaw: Thank you for your comments, sir. Susan Chavey, 31412 Curtis, Livonia, MI. I live directly across the street from the church and have lived there since the church began building even Mr. Wilshaw: Paul Condon, Mr. Wilshaw: Mr. Condon: Mr. Wilshaw: Mr. Uhazie: Mr. Condon: Mr. Wilshaw: Mr. Condon: Mr. Wilshaw: Mr. Condon: April 23, 2024 31385 when Father George came from Syria and lived in the farmhouse and I want to say that I support the church and I support their endeavors. And I believe that they do have the community's best interest at heart and at times I feel discouraged because there is so much disdain expressed. I too am a victim of cars and the lights and things like that, but after living there a while I just don't think about it. Anyway, I just want to say I do support the church in their endeavors. Thank you. Appreciate those comments. I believe there's a gentleman behind you also. Good evening. 31115 Hillbrook, Livonia, MI. We live across the other side next to Bainbridge. Our houses are right in back of the larger green square. I can't see what says P L. Parkland. So we're the second house in. Originally, last time I saw the plans, I believe the gymnasium would and the school would be on the south end of that property, if I'm correct on that. And the gymnasium would that be at the east end? Or as behind the auditorium that is there now? Or is it the gymnasium and then the school or the school and then the gymnasium? I couldn't see the layout from where we were sitting? I think I can explain it. The building itself will be pretty much directly behind the community center that's currently on the property. Okay. The gym, and correct me if I'm wrong, is on the west end of the building closest to the community center. Is that correct? Correct. It's like the purplish grey. Okay. So, this building, as you see it right there, is oriented with north up. Merriman is this way here, right? Yes. So, okay, the school. Alright, so the gymnasium will be there. And it's about 35 feet high? Is that the top roof line? Or is that a rafter line? Do you know? Mr. Uhazie: Mr. Wilshaw: Mr. Uhazie: Mr. Wilshaw: Mr. Condon: Mr. Wilshaw: Mr. Condon: Mr. Wilshaw: Michael Khoury, April 23, 2024 31386 Mr. Wilshaw: That's the top of the roof for the gymnasium section? Is that correct? I believe so. which is the highest point of the building. Correct. And then the area where this The classrooms are is a little bit lower. And the only, I guess, concern that I would have is the lighting again. We often see from the parking lot, especially this time of the year, in the fall...from the fall and through the spring until the trees leaf out. We see a lot of lights from the parking lot. And I think they've gone to a lot of the LED lights which are a lot brighter, as we all know. So, if some considerations could be given to lighting hours, and sometimes the lights go off about maybe 2am or 3am, sometimes they don't. If some consideration could be given possibly to that. And maybe using deflectors of some sort might be helpful. Excellent comments. Thank you very much. Thank you Mr. Condon. Good evening, sir. 33733 Clarita Street, Livonia, MI. I want to thank you for your time and attention today. Very reasonable request by the gentleman. I think there's been a lot of technicalities, a lot of details expressed. a lot of which I feel, and I don't have a lot of experience with this, but I feel like a lot of things can be worked out as this is developed, but and I thank you for your comments, ma'am in support because I've grown up in this church. I started out as an altar boy, at may be four years old, and I've been going there ever since. So, my family, my parents as well. This church has become a beacon of hope and light in the Arab American community, as well as just the community in general. We started out with a small church and then added on the cultural center and now the beautiful Basilica and it's a shining example of progress and growth and serving the community. And so I just want to, again express my support for this endeavor. I understand the concerns and I respect them all. I live in Livonia and I can appreciate distractions and light and cars etc., but I feel like, you Mr. Wilshaw: Nadia Hanania, Mr. Wilshaw: Ms. Hanania: Mr. Wilshaw: Ms. Hanania: Mr. Wilshaw: Mr. Burgess: Mr. Wilshaw: Mr. Burgess: April 23, 2024 31387 know, in the name of progress, those things can be managed and worked out. So, again, thank you for your time. Thank you Mr. Corey. 35185 Banbury, Livonia,Ml. Regarding the lady that said the car was lighting at her house in the middle of the night or I don't know when. I live in Sheffield subdivision. And behind me, there are houses. Their driveways are facing my bedroom window and they have teenager kids. They come home at two o'clock, three o'clock. I mean, I'm not gonna sign a petition telling you to police them or whatever. We understand. Because I had kids grow up too, and they drove. They came in the middle of the night. The lights, I knew most of the time. I'm sorry, I'm asleep. But I mean, I don't know what she was trying to say. I'm sorry. I think we understand the concern. We'II talk to the petitioner when they come up. Montessori schools aren't going to have cars at night, right? The Activity Center is not going to have cars at night, either. Alright, so anywhere you live, there's going to be cars packed. Thank you for coming tonight. Sir. Another concern was outside of the property at St. Mary's Basilica. There has been a tractor trailer that has been parked there forever and when they have their celebration of their people in the faith it gets kind of loud at times and I live on Mayville, which is right next to the field. There are a lot of people that will avoid parking, the parking fee of $5. They'll park on our street, all up and down the street. And anyway, no, I was just wondering about policing. Like there is a trailer outside next door funds on their property. But you know... Okay, and you're speaking of when they have special events? Right now. There's a lot, okay. But when they have special events and the music has been reported to be too loud at times, which is not a problem. But you know, it goes longer and louder than what's allowed. Right. But no, I just thought I'd point that out. Mr. Wilshaw: Mr. Grysko: Mr. Wilshaw: April 23, 2024 31388 I appreciate that. We'II address that. Thank you, Mr. Burgess. Any other folks wishing to come forward to speak for or against this petition? If not, we'll close the public hearing and if the petitioner would like to come forward, or their representatives. You had the opportunity to hear a number of issues raised and some concerns and also some questions and some very good ideas. How would you like to respond to some of those things that you've heard if you missed anything that is of interest to us we're gonna point it out for you. Sure, I'm sure you will and I look forward to that. So, the first thing I wanted to point out is that I know there's been some concern raised concerning what the use of the property is going to be and things of that nature. I think we've tried to articulate that as clearly as we can, that it would be similar to most other schools where sometimes you do have activities going on in terms of practices or games or something like that. But from the perspective of only for, as somebody mentioned, that it should be only for religious purposes. So, I think that the current zoning ordinance as it exists today, you know, you can't simply expand your use or change your use without going through whatever the appropriate approval processes would be to do that. So, to the extent that we have a waiver use for religious purposes, that would be the use that we have the waiver use for. And so, unless there's something specifically allowed as a principal permitted use under the zoning ordinance, we wouldn't be able to just unilaterally change that anyway. So, I just wanted to point that out and suggest that I don't necessarily know that there's any need for specific condition on that because I think that's already implicit within the zoning ordinance. I know Mr. Uhazie brought up the point of the lighting, and how many candles it was and things of that nature. I don't recall the exact number, but I believe that is in accordance with the zoning ordinance. I also believe that, and Ghassan could correct me if I'm wrong, that lighting also has to be hooded within most communities. So, I think that's the case of Livonia, as well. So certainly, I think the site plan was intended to, but if it doesn't, but I think it does, show that the hooding on the lights would be contemplated or acquired into the site plan. Before you venture off that particular subject. I think there's two concerns when it comes to lighting that we hear from residents and were expressed tonight. One of them is concern of the light standards, light poles and shielding and that type of thing. The other one is the light that comes from vehicles at night. People who are using the cultural center, maybe they have a wedding or reception or something going on, and those vehicles shining lights toward the residential homes. How would you address that? Mr. Grysko: April 23, 2024 31389 Yes, I have a couple of comments on that. Number one, and I'm not sure the timing, it was kind of broadly stated, so I don't know the exact timing that this person is talking about. Certainly, there's hours associated with the cultural center, where after those hours, there would tend to not be anybody on site. Although I do know that the LPS school property has sort of a little parking area. So I don't know for sure that some of those cars might not be using the LPS owned property that is owned by the school, and we can't control who they allow on their property. We do have an issue on our own property, which is privately owned, that there are people that sometimes will pull into our lot after hours that aren't authorized to be there, and are actually trespassing, whether they realize it or not. And that goes for a lot of people that you know, use the field to cross through and, and maybe think of it as a public park or something like that, but it is privately owned land. And so, we do have an issue with trespassers, to some regard with that. Now, to the extent that maybe you have an event that gets out at 10 o'clock at night or something when ifs dark, you know, there may very well be vehicle lights that you see as they turn around in the lot or something like that to exit. But again, I don't know the exact timeframe that that particular commenter was talking about so, it's hard to address that. It was brought up, obviously, we'd be opposed to a wall. I don't think that's in keeping with harmonious development in this area. What I'm also concerned about with a wall or any other barrier, for that matter, is the kind of idea of like ghettoizing or institutionalizing the children that are in the school here. Where, you know, from a certain perspective, it should be treated just like the kids at any other school and have the same view that the kids at other schools would be entitled to and things like that. So, I would be a little bit concerned about a condition that would, you know, force them into sort of an institutionalized environment with a kind of boxed in, in that respect. But of course, we'd be open to any suggestions or recommendations that the Planning Commission has, and it sounds like my architect has some ideas. Mr. Abdelnour: Usually for parking, usually, we can come up with some landscaping at the end of the parking and have like baby trees up to six feet, because the cars are usually the lower than six feet with the light. So, we do that all the time with landscaping, so we're willing to work at the end of the parking area. We can maybe put some trees that make it a little bit better for everybody. Mr. Wilshaw: Makes sense. Mr. Samaan: Mr. Abelnour: Mr. Wilshaw: Mr. Grysko: Mr. Wilshaw: Mr. Ventura: Mr. Grysko: Mr. Ventura: Mr. Grysko: April 23, 2024 31390 Actually, we have plans to plant a lot of trees in that section between where the Montessori is, and the houses behind. So, there's going to be like a little park, so to speak. We're going to have all kinds of trees that will defray from the lighting that some of the neighbors are complaining. Like I was saying the trees, we can use evergreen, so they stay green for the whole year so you're not worried about fall and summer. So, most of these situations, we solve it within the neighbors and different projects. And we're willing to work with the neighbors for that issue. Like we said, we're gonna be submitting a photometric plan for the planning. And for the engineering plan, we have to show all the shields and the lighting should be equal to zero to come to get what it gets to any neighbors. So really, we're going to have to meet the city requirement, the state requirement, and we're going to meet all the requirements that it's needed for us. That for the lighting. Thank you for those comments. Anything else? So they're nicer than I am, I guess, as it pertains to that. So it sounds like they're more than willing to work with the planning commissioners and the residents on that issue. So I think that combined with the distance, I think Mr. Uhazie said it was about 1,000 feet to the east, was the closest lot line there. So, I think that would certainly be enough to satisfy that concern. So know that we're here for any other questions or comments that the Planning Commission has. And we thank you for your time and hope for approving resolution here. Thank you, Mr. Grysko. So I made some notes while everyone came up and asked questions, Mr. Grysko, and so I'm just going to run through questions that haven't been addressed yet. One of the questions was, will there be counseling on the site? I am unaware of any plans for counseling on the site. Okay. Another question was... I'm sorry. Can I just interrupt to give a little bit of clarification. So the group that we see here today is authorized to speak on behalf of the petitioner with respect to this. We have had situations where a number of other folks have come up in support of the project and said things that aren't necessarily within the plans. And those folks are obviously free to speak in a public forum. We Mr. Ventura: April 23, 2024 31391 have limited ability to control some of that, but this is the plan, as presented here today. I appreciate the clarification and strive to be making an effort to have the questions that were asked by the residents addressed. And I think you have the people here, ready to do that. So, there was a question about the composition of the traffic that would be there. You'd now have cars dropping children off for the Montessori school that exists. And the question was, will there be buses added to that? Mr. Grysko: Certainly, no public school buses, and it sounds like there's no plans to have any private buses involved either. Mr. Ventura: Thank you. And I'm confused, is there or is there not a kitchen in the building? Mr. Samaan: It's actually ifs a warmup kitchen. There's no cooking there. Mr. Ventura: Okay. Mr. Samaan: Actually, the warmup kitchen is for the kids. If they have in the school, they bring...there's no cooking. Mr. Ventura: That's a requirement for the school? Mr. Samaan: Yes. Mr. Abdelnour: It is a state requirement to have the warmup kitchen. Mr. Ventura: Thank you very much. There was some concern about evening gym use. Is that in the plans? Mr. Samaan: Mr. Ventura: Mr. Ventura: Actually, is it's not in the plans. However, if a high school or junior high school required the use of a gym in the afternoon for training and/or practice, we will allow it but it's not going to be running all night long. Guaranteed. Absolutely not. Okay. It would be a kind of service, not because we're going to make money out of it. It will be a service to the community. Thank you. And a kind of follow-up question to Mr. Wilshaw and his question. The lighting and when you have parking lot lighting in the evening, how late will that be on? What are the hours? Mr. Samaan: The cultural center, usually people are gone by...It's only on the weekend that they have functions, and usually parties go till 11 or April 23, 2024 31392 12. It never goes beyond one o'clock because the music has to be turned off and when the music is shut off, people leave. It's done. So, it's only on the weekends, Friday, Saturday, but on Sundays ifs much earlier than that. Mr. Ventura: So, when the event is over, the lights go off? Mr. Samaan: Absolutely. When you say the lights, we're talking about the car lights, or are we talking about the lot lights? Mr. Ventura: Parking lot lights. Mr. Samaan: There's lights that stay on for security purposes, but the way...when they're going to be done they're going to have the shields on them. So, they're not going to be able to shine into anybody's...those are security lights. Mr. Ventura: I think that exhausts the list. And Mr. Grysko, you made the point that by virtue of the zoning, if this is approved here this evening, there really can't be another use of the building. Somebody asked about a commercial use succeeding, that really can't happen. Unless you would come back and petition once again for another zoning change. Mr. Grysko: Assuming the City Council approves it, and Jacob, correct me if I'm wrong, but I think it's N2 that we are going to go to, which is residential zoning district. So, we'd be limited and the waiver use, of course, is limited to the specific use that we brought forward here this evening. Mr. Ventura: Thank you very much. Mr. Wilshaw: Thank you, Mr. Ventura. Any other questions from any of the commissioners? Mr. Bongero: Just one last thing to back up to what Mr. Ventura was adding was the issue of standing water. But I think you addressed it saying the underground detention should I have... Pat Williams, Nowak & Fraus Engineers. Yeah, we are providing a stormwater collection system for all the new improvements and even some of the area that was already developed that didn't have any stormwater management And so we're actually improving the situation and providing an underground detention system that will clean the water and slowly release the water back into the system at an agricultural rate. So, we're actually improving the situation from what's out there today, Mr. Bongero: April 23, 2024 31393 It's going to improve yours. Your water is going to be managed on your site. So, there's water in the old Bryant field, that is something entirely different, right? People don't understand that. That's nothing to do with you because you're gonna make sure yours is managed, correct? Mr. Williams: Yep. Mr. Bongero: Okay. Thank you. Mr. Wilshaw: Thank you, Mr. Bongero. That was on my list of questions that hadn't been answered. So, thank you. Any other questions from any of our commissioners for our petitioner? If not, is there anything else that you'd like to say, Mr. Grysko before we make our decision? Mr. Grysko: Mr. Wilshaw: I think you guys are probably sick of hearing me talk. I'm sick of hearing myself talk. I appreciate the opportunity to be here, though, and we appreciate the support of the Commission. Thank you. Thank you, Mr. Grysko. I do want to thank both the petitioner and everyone in our audience here tonight bor your decorum through this meeting. I know that this has been a subject that is been followed very closely by many people in the community. I appreciate that community support and interest in this petition and I do appreciate the decorum tonight that everyone spoke very well. They let everybody else speak and showed a lot of respect for everyone's opinions. It just made the meeting flow a lot easier so, I really do appreciate that. With that, because there is no other questions or comments. We are ready to close the public hearing and a motion would be an order. On a motion by Bongero, seconded by Long, and unanimously adopted, it was: #04-16-2024 RESOLVED, That the City Planning Commission does hereby recommend to the City Council that Petition 2024-02-02-04 submitted by Basilica of St. Mary requesting waiver use approval under Section 6.50 of the Livonia Zoning Ordinance, as amended, to construct and operate a Montessori school and family/youth center at 18100 Merriman Road, located on the east side of Merriman Road between Six Mile Road and Seven Mile Road in the Southwest '/ of Section 11., be approved for the subject to the following conditions: April 23, 2024 31394 1. The Overall Site Plan identified as Sheet SP-05 and the Dimensional Site Plan identified as Sheets SP-06 and SP- 07, dated November 3, 2023, as revised, prepared by Nowak & Fraus Engineers, are hereby approved and shall be adhered to. All parking spaces, except the required handicapped spaces, shall be double -striped and measure ten feet (10') in width. 3. The Tree Preservation Plan, Overall Landscape Plan, and Enlarged Landscape Plan, identified as Sheets L1, L2, and L3, respectively, dated October 17, 2023, as revised, prepared by Nowak & Fraus Engineers, are hereby approved and shall be adhered to, except that evergreens shall be added along the eastern edge of the parking lot in an effort to shield car headlights, subject to the review and approval of the Planning and Inspection Departments. A temporary barrier, such as snow fencing, shall be installed along the construction limits in select areas on the property's north side to prevent intrusion into the wetlands and floodplain areas. 4. All disturbed lawn areas, including road rights -of -way, shall be sodded instead of hydroseeding. 5. Underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and permanently maintained in a healthy condition. 6. The Exterior Elevations Plans, identified as Sheets A.201 and A.202, dated November 3, 2023, prepared by G.A.V. Associates, Inc., are hereby approved and shall be adhered to. 7. All rooftop mechanical equipment shall be concealed from public view on all sides by screening and shall be compatible with material and color with other exterior materials on the building. 8. The three walls of the trash dumpster area shall be constructed of materials that complement the building. The enclosure gates shall be made of obscuring panel steel or durable, long-lasting panel fiberglass. April 23, 2024 31395 9. The developer shall secure all required stormwater management permits, wetland permits, and soil erosion and sedimentation control permits from Wayne County, the City of Livonia, and the State of Michigan Department of Environment, Great Lakes, and Energy (EGLE). 10. All light fixtures shall not exceed twenty feet (20') in height and shall be shielded to minimize glare trespassing on adjacent properties and roadways. 11. The overall average illumination level for the parking lots shall be 1.0-foot candle as provided under Section 7.22 of the Zoning Ordinance. 12. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals. 13. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 14. Under Section 13.13 of the Livonia Zoning Ordinance, as amended, this approval is valid for one year only from the date of approval by the City Council. Unless a building permit is obtained, this approval shall be null and void at the expiration of said period. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 of the Livonia Zoning Ordinance, as amended. Mr. Wilshaw: Is there any discussion? Mr. Long: Mr. Chairman, thank you. I was wondering if the maker of the motion would consider adding a little more language to number five, which speaks to the plant and materials being installed to the satisfaction of the Inspection Department. We heard the petitioner, representatives of the petitioner, discuss planting some kind of an evergreen to shield headlights from cars. So, wondering if we could put some language in there. For there to be some sort of evergreens installed either there at the eastern edge of the parking lot or at the eastern edge of the property line. in an effort to shield some headlights satisfactory to the Inspection and Planning Departments. Mr. Wilshaw: April 23, 2024 31396 Totally fine with that. If that's okay with the maker in which it is. I would say that it's this kind of a nitpick but probably item number three would be more appropriate. That's the one that speaks to the landscape plan and five is more of the sprinklers. Mr. Long: Either position, if the maker is okay with it. Mr. Wilshaw: I think that's a good idea to encapsulate that additional landscaping. Mr. Uhazie, are you okay with what we're asking for? Mr. Uhazie: Yes. Mr. Wilshaw: In terms of working with the petitioner for that additional landscaping? Okay. All right. Is there any other comments or questions on the motion to approve? I don't see any. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to the City Council with an approving resolution. ITEM #6 APPROVAL OF MINUTES 1,211th Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,211th Public Hearing and Regular Meeting held on March 19, 2024. On a motion by Ventura , seconded by Long , and unanimously adopted, it was #04-17-2024 RESOLVED, That the Minutes of 1,211th Public Hearings and Regular Meeting held by the Planning Commission on March 19, 2024, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Bongero, Long, Ventura, Caramagno, Wilshaw NAYS: None ABSENT: Dinaro ABSTAIN: None Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. April 23, 2024 31397 On a motion duly made, seconded and unanimously ad.pted, the 1,212th Public Hearings and Regular Meeting held on April 23, 2024, a; adjourned at 9:11 p.m. ATTEST: lan Wilshaw, Chairman CITY P A . NING COMMISSION Sam ( . ramagno, Secretary