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HomeMy WebLinkAbout1,221 - October 22, 2024 signedMINUTES OF THE 1,221st PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 22, 2024, the City Planning Commission of the City of Livonia held its 1,221st 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: Members absent: Patrick Droze Glen Long Wafa Dinaro lan Wilshaw Peter Ventura David Bongero Sam Caramagno Mr. Jacob Uhazie, Assistant Planning Director, 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 2024-08-01-04 Sheetz Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2024- 08-01-04 submitted by Skilken Gold under Section 13.15 of the Livonia Zoning Ordinance, as amended, requesting to rezone the property at 37355 Eight Mile Road, located on the southeast corner of Eight Mile Road and Newburgh Road in the Northwest % of Section 5, from C-1 (Local Business District) to C-2 (General Business District). October 22, 2024 31630 Mr. Wilshaw: Thank you, sir and Mr. Uhazie, would you like to tell us any new information that's come in on this item? Mr. Uhazie: We just have a few things. I just want to reiterate that the zoning change would facilitate the development of a Sheetz gas station, convenience store and restaurant on the location at the southeast corner of Eight Mile and Newburgh Road. The area to be rezoned is about 79,880 square feet, or 1.83 acres, with 269 feet along Eight Mile Road, and 285 feet along Newburgh. The surrounding neighborhoods, as we saw before, to the north is the City of Farmington Hills and Child Time of Northville. To the west across Newburgh is Greenmead Historical Park, which is zoned PL, and to the south and east is Whispering Willows golf course also zoned PL. The only major update to the plan that we have since the last public hearing would be that the petitioner has re examined the drive through layout that they presented. At the original meeting they took some of the considerations that the Planning Commission mentioned and are reexamining the layout of the drive-thru to move it to the western side of the building to reduce traffic conflicts. And they also explained that they are open to adding a merge lane across Eight Mile Road into Farmington Hills, understanding that it would take a lot more study and work with surrounding communities, but those are the updates that I have since the last public hearing, and then we've also received many residents' responses that you have received in your E packet. On a motion by Caramagno, seconded by Long, and adopted, it was #10-54-2024 RESOLVED, that the City Planning commission on October 22, 2024, on Petition 2024-08-01-04 submitted by Skilken Gold under Section 13.15 of the Livonia Zoning Ordinance, as amended, requesting to rezone the property at 37355 Eight Mile Road, located on the southeast corner of Eight Mile Road and Newburgh Road in the Northwest'/ of Section 5, from C-1 (Local Business District) to C-2 (General Business District), the Planning Commission does hereby remove the item from the table. Mr. Wilshaw: Alright, thank you. Mr. Uhazie. This item was tabled at a prior meeting. Is Is there a commissioner willing to remove this item from the table so we can discuss it? Mr. Wilshaw: All right, this item has been removed from the table. Is there any questions for the planning staff from any other commissioners based on the presentation? There's no questions. Our petitioner is in the audience tonight. They are free to come forward and speak October 22, 2024 31631 to this item and let us know if there's anything new that they would like to tell us about this petition before we get too deep into this. Though, again, I want to remind folks in our audience, some of whom may have not been at our prior meeting, that we have met on this item before we did conduct a public hearing where public comments were taken. We are not going to do that again tonight, because this is a pending item. This item has been discussed at length, and we are prepared to vote on this item tonight. That being said, I do at least want to explain the process that, because there may be people who have questions, who weren't here at the last meeting, and what we're considering tonight is a rezoning petition for this property. It's a rezoning from a C-1 to C-2 zoning and our focus tonight is going to be on that rezoning of this property. There's going to be limited discussion about the actual use of the property in terms of what Sheetz is going to put on the property and how it's going to look, the site plan, those types of things. That comes at a later process after the zoning is is dealt with. Again, as I mentioned at the beginning of the meeting, we are going to make a recommendation, either approving or denying recommendation for that zoning, which will then go on to City Council. City Council will then conduct their own public hearing, and they'll make a decision as to what they want to do with the zoning Once that occurs, if they want to move forward with the zoning, if it goes that direction, then a site plan would be brought back to us at a later time, and that would be discussed. If not, it would stop at that part of the process. So with that, I just wanted to give a little background information. And I'II start with the petitioner. Good evening, sir. Drew Miller, Skilken Gold, 4270 Morse Road, Columbus, Ohio. So we appreciate coming back, and like I mentioned earlier, you know, there's a few items...concerns that we heard last time, that we felt were appropriate to address tonight. And I just wanted to take a step back too and explain a little bit more about how we got here, you know, for this new location, Mr. Uhazie„ if you could go to the next slide please. So yes, everybody's familiar with this location. There's some things I would like to point out, and sure, it's going to be a little bit too small for you to see on this screen here. But I want to talk a little bit more about this location specifically. So this is at 1.83 commercially developed acreage at this location. It's currently occupied by 17,000 square feet of commercial space. Previous tenants in this location have been most recently the Rite Aid pharmacy. Historically, it's been used as Realty Services, insurance providers and a golf shop, and I think an arcade is what somebody had told me. I really want to talk about this intersection, the topic of the traffic and the traffic study came up a couple times in the last meeting and in the study sessions. So we did do a traffic impact study that's been provided to the city engineer's office, and October 22, 2024 31632 they have reviewed that traffic study. Their recommendation was that no improvements should be made. We had originally talked about some ideas of involving a de -acceleration lane at both access points that we had proposed. After discussing that with the city engineer's office, they didn't think that that would be appropriate. I'd also like to talk about the current existing traffic that's located on these thoroughfares here. So Eight Mile Road, according to MDOS SEMCOG website, you can see there, east of Newburgh, there's 19,900 and that is average daily traffic. Newburgh is a little bit more, there's 24,000 cars. If you look at the other intersections around the city, specifically where the type of use C-2 zoning is located at, these numbers are very consistent with what you would see at those C-2 locations. So that's one reason we feel this location is appropriate. Now there was also a lot of discussion about why this location...l'm going to try and answer that a little bit as we continue through these slides here. The other thing I'd like to point out is the traffic signal at this location is managed and operated by Wayne County, so we are submitting the traffic study to them for their comments and feedback. Based on the city engineers response, we don't feel there's going to be any issues. We did propose some signal timing adjustments to just make traffic flow here a little bit better. So we're looking forward to seeing those comments from Wayne County, but we're not anticipating any major mitigation measures that they would require. Mr. Chair, you did recognize that we had discussed potentially extending the merge lane that would be north of Eight Mile Road. There's access to a daycare there, off of Halstead. And anybody familiar with the intersection knows that there's a merge lane there. We had talked about maybe extending that merge lane, because historically, there has been accidents there, to my knowledge, and from the city engineer's office, they had told us that the right turn lane going north on Newburgh, or, I'm sorry, the right turn lane on Newburgh, if you're heading northbound, used to be a through lane as well. So there was two through lanes. And I don't know exactly when they changed it, but they changed it to a right turn only with one single through lane. City engineer's office had communicated to us that that caused a lot of accidents because there were backups then on Halsted. So that was, I think, part of the reason why, you know, they didn't recommend any other mitigation measures there. So, yeah, so, Mr. Uhazie, if you could go the next slide, please. So, and just to step back here briefly, I did want to just cover some of the where we've been and what we've done so far in the City of Livonia. So we were here, as I'm sure a lot of you recall, in January, with a different location. This was at Newburgh and Five Mile Road, just a few miles south on Newburgh. Some of the reasons stated for that denial involved contradictory land use and inconsistent land use with the master plan, as well as concerns October 22, 2024 31633 over floodway that existed to the east of that property, as well as a comment that, you know, that intersection was already well served with gas stations. So again, this, just this helps me explain why we settled on this new location at Eight Mile. Obviously, things like traffic count and safety, you know, crime reports, we take all that into consideration when Sheetz is looking at a location, but the best thing we can do is hear from folks like you. So we heard you. We came with this location that we thought was great, and, you know, we heard you, and that really helped guide us and dictate where we would look for a new opportunity to come into Livonia. So I just want to make sure I covered that, because that had a big factor in the new location that we're proposing. So, you know, keeping with this future or the City of Livonia, future land use map here, I did want to touch on some of the the items that were addressed last month in regard to the denial. So we did hear, you know, contradicting, inconsistent land use. That was another item similar to what we heard in January. So, what we're trying to understand here, is that the contradictory land use we don't really feel is is appropriate. Along Eight Mile you'll see plenty of commercial uses. There's residential too, but there's also commercial, especially if you factor in how major this thoroughfare is. We feel that this rezone to C-2 is very appropriate. As far as inconsistent land use, I'm not really sure I understand that either. The golf course that's located directly to our south is a commercial use. I know ifs zoned parks and recreation, and everybody thinks, you know, I'm a golfer. Golf is a recreational sport, but it's also the high traffic commercial use. Pretty sure they have over 6,000 gallons of underground storage fuel tanks as well on that site. So it's very much a commercial use, even though it's zoned as parks and recreation, and that's the master plan as well. As far as, you know, rezoning to C-2 adversely altering the character of the area, we don't feel that's appropriate either. As mentioned, the site used to be a Rite Aid with a pharmacy. A pharmacy is the type of use that customers will come and make a special trip just to go to that pharmacy. A convenience store and fuel station is not that. We're capturing pass by traffic. The drivers on the road are already there, and they're stopping at a Sheetz store because it's convenient, and again, that's another reason why we've chosen this location. Finally, the last one I wanted to address here was the proposed change is not needed to develop property. We've done a lot of investigation on this property, and there are certainly some engineering challenges, but we feel it is appropriate for Sheetz to come in here at this location, and the change is needed for Sheetz. We know from our studies that the building has some engineering issues, and we do not expect another commercial user to be able to come in here and at this location and put up the capital that's needed to remediate the soils where where most of the engineering issues lie. So, just October 22, 2024 31634 to kind of recap here, this is the location. This is actually the new site plan. I wasn't going to get too much into the detail, but you can see there we have adjusted the drive through. I think what's really notable about what we're proposing in our commercial use is yes, the C-2 is more intense, but it's already a commercial use, and we're reducing the amount of access curb cuts that are along Newburgh, so this is going to help in the traffic situation. As I mentioned before, the traffic counts are very consistent with what you would see at C-2 locations. This is a main thoroughfare, and the traffic is there, and there is no other gas stations within close proximity. So as as I mentioned before... Mr. Wilshaw: Everyone please, be quiet. Let the petitioner speak. Mr. Miller: As I mentioned before, part of the denial for our previous location was that the area was already well served. This intersection is not well served, and that's what kind of led us here. Finally, as I mentioned, you know, as far as inconsistent land use, we're abutting a commercial use. It's a golf course, even though it's, you know, considered Parks and Rec. Finally, you know what we're proposing here, we do feel is in harmony and is incompatible with the current use. Like I mentioned, it's a Rite Aid. The final thing I'd like to mention here, and you can see it pretty clearly, is the tree buffering that exists around this site. There is no residential immediately adjacent to our site. We've found this location because it was appropriate. It has the traffic volume, it's already commercial, and it's very low impact, and that's why we feel this is appropriate. The topic of the creek came up last time as well, and I do want to just reinforce the fact that we did a wetland delineation. We walked the site with an EGLE representative, and we have made adjustments to our site plan to stay as far away from the wetlands as possible. And we don't anticipate having any major permits with EGLE. We do anticipate having a minor impact permit just for the construction of the store. So, we've really done our homework on this site. We feel it's very appropriate to rezone this to C-2 based on everything I've said here. And you know, we're looking forward to moving on to the next step. So thank you. We're here for questions. Mr. Wilshaw: Thank you, sir. Do we have any questions from the Commission for Mr. Miller or any of his representatives? Mr. Long: You touched on something that I'd like you to speak a little further to. Your interactions with EGLE and the ramifications of the development on the creek that runs in front of the seventh green there, storm water runoff, safety on the fuel tanks. Please expound a little more. Mr. Miller: October 22, 2024 31635 Sure. EGLE has very stringent standards. A lot of the development work we do is in Ohio, and I would applaud EGLE for what they do. I would also applaud Sheetz for what they do. Before we started looking at any locations, we got together with the entire EGLE team in Lansing, Michigan, and talked about what Sheetz plans were for the future, and we made sure that they were going to meet every standard. In fact, they exceed a lot of those standards. And we have Sheetz representatives here that can get into more detail about, you know, how they how they do that, and how they manage that, but they have state of the art fuel system, everything's monitored with those USTS modern construction practices and take extreme caution when you're next to a creek here and so stormwater runoff and capture is very critical, especially on a fuel site. We acknowledge that. There is potential for an accident here or there, there is a way to mitigate that. We capture that. There are oil / water separators and they monitor it and maintain it throughout the year. Last month Mr. Sawicki mentioned that all of their stores are non -franchised. They are all independently owned and operated by the Sheetz family. They have complete control over maintaining those systems. I am not aware of any issues they have experienced here in Michigan, and like I said, we work very closely with EGLE in every jurisdiction we are in to make sure we are doing it right. Mr. Wilshaw: Any other questions for the petitioner? Mr. Droze: Picking up on Mr. Long's questions about stormwater, The current site today, built in 1996, what measure for stormwater...does it have any type detention on site? Mr. Miller: I do know they have a septic tank underneath part of that parking lot. Mr. Droze: So, then assuming this is going to be a full reconstruction you would follow the Wayne County ordinance that would include peak flow, stormwater detention, water quality, like you mentioned? Mr. Miller: Certainly, Mr. Uhazie, I am not sure if any of those plans made it over to you in that capacity yet? Mr. Uhazie: I don't think so. Mr. Miller: Yes, that is something that we get in front of early. It is something that we need to make sure we can do before we start spending money and getting too far down the road. That is a very important part of our due diligence process to make sure that we are going to October 22, 2024 31636 be able to have the utilities here at this location. Stormwater is such an important one, especially here in Michigan. Mr. Wilshaw: Anything else, Mr. Droze? Any other questions for our petitioner? Mr. Caramagno: Sir, you started talking about capital improvements for this property for this building. What kind of money are we talking about? Mr. Miller: Excuse me? Mr. Caramagno: What kind of money are you talking about putting into this property to bring it up to standards? Mr. Miller: I don't know if I can answer specifically. We do have Sheetz representatives, but if you are just looking for a construction estimate, I would say maybe in the $8 — 10 million range. Mr. Caramagno: $10 million to demolish what is there, refurb it, and build something new? Mr. Miller: That is correct. This is a bit of more expensive site for us because the soils are very poor. Historically, there used to be a house here, a really long time ago, early 1900's. There was a pool in the backyard at one point. It almost feels like what exists there was built on topsoil. We will be removing that topsoil and putting in some engineered fill to make sure everything is going to be up to standards and last a long time. Mr. Caramagno: Thank you. Mr. Wilshaw: Thank you, Mr. Caramagno. Any other questions for the petitioner? If there are no other questions, then we are ready for a motion. Folks, like I stated at the beginning of the meeting, we are not going to have any discussion because this item has been discussed at length at the prior meetings. (Someone from the audience yelled out) Mr. Wilshaw: Questions are the same thing as discussion. If I get into a question and answer we will be here for another half hour answering questions, but... (Someone else yelling from the audience) Mr. Wilshaw: If you have information you would like to submit, you can hand it to Ms. Reece and she will pass it on to us. We also make sure that all information that is given to us is part of the record for this meeting, October 22, 2024 31637 which will go on to City Council. We did receive a number of emails. We did receive petitions. We did receive other information from a number of residents, which we appreciate. Those are all in our packet. We have had a chance to read all of those and they will be tied to this petition and continue on as it goes to City Council with either an approving or denying recommendation. (Someone from audience yelling out) Mr. Wilshaw: I can't answer that question for you. I can't answer that question for you. I'm not the person who gives the records. What is your question, sir? Please come forward, because we can't hear anybody else. What's your question? Audience member: As a commission, do you have the right to allow people to make presentations, if you choose, as a group, Mr. Wilshaw: On pending items, there is an opportunity, if the commission wishes to open the meeting to public comments. They can do that. It requires a unanimous vote by the Commission. Same audience member: It seems to me that if you allow the petitioner to give additional information, you should also allow citizens to do the same. Mr. Wilshaw: Sir, again, as I'm as I mentioned we had a public hearing on this item. We gave an opportunity for anyone who wishes to come to that meeting to come and speak on this item. There's been a sign at that location for a number of weeks announcing the dates of these meetings, and we did hear from a number of residents at our previous meeting. We also always accept communication by email or in writing at any time prior to this meeting. We've accepted it at this meeting and will continue to accept it after this meeting, as it moves on to City Council. Remember that we are making a recommendation to the City Council. This is not the final decision on this item. This is a recommendation. City Council will be making the final decision. So that's where you're...regardless of what happens, whether you're for or against it, or whether this gets approved or denied. That's where you want to follow this item onto. And you will have an opportunity at that meeting, at City Council, there will be a public hearing. You'll have an opportunity to speak. You'll have an opportunity to present additional information. So there'll be many, many opportunities. I'm not going to take any more questions, because... (Audience member yelling) October 22, 2024 31638 Mr. Wilshaw: Ma'am, please, ma'am, please, have a seat. I'm not taking any more questions. I told you that if I, if I take one question, we're going to end up here for a half an hour taking questions. Ma'am, please stop talking. Ma'am, this is not an opportunity for you to speak right now. (Audience member yelling still) Mr. Wilshaw: This is not a public hearing. This is not a public hearing. (Audience member yelling) I spoke to the officer out there, and before I left, you said that October 22 would be a public hearing. This paper says that. Mr. Wilshaw: You can look at the minutes and see what I said. They're word for word. (Audience member yelling out) Let me submit what this says. This is what you guys sent to my home. It says, if I want to speak, anybody that wants to speak to the Planning Commission... Mr. Wilshaw: Feel free to hand it to our clerk. (Many audience members yelling out ) You know, out of courtesy give us 10 minutes. Half these people didn't even know about the meeting the last time. Mr. Wilshaw: I understand that, I understand that. Audience member: And for us not to be able to say anything is not right when you send this to my home. Mr. Wilshaw: We don't need a group coming down to the podium, because, again, I'm not going to be allowing speaking unless there's a majority or majority of people on the commission wishing to have public comments at this meeting. Is there anyone wishing to make that motion? (Audience member once again yelling questions) Mr. Wilshaw: So, what was presented to us was a letter that was sent to one of the residents stating that a public hearing will take place on October 22 by the Planning Commission. That is incorrect, but that's what was...please don't speak over me. Mr. Long: Hang on a minute. October 22, 2024 31639 Mr. Wilshaw: The agenda says pending item but because they sent out a letter stating that this is a public hearing, if the commission is willing to accept that, this is our mistake, and people came here with the intention or the thought that they would be able to speak, we could open up the floor to allowing public comment, but it will be limited to two minutes per person. Mr. Long: Mr. Chairman, because we have heard these, I would be in favor of opening it up for one minute comments. Mr. Wilshaw: Okay, is that acceptable to the rest of the commission? Mr. Caramagno: That's due to the error in this, in this memo that was sent out to the residents, right? Mr. Wilshaw: Correct, or perceived error, correct. Mr. Caramagno: I'll support that. Mr. Wilshaw: I think that'd be the correct thing to do. All right. Everyone okay with that? Alright, if you'd like to speak, please come forward to the podium. We need your name and address so we know who we're speaking to, and please restrict your comments to one minute. Willard Lindley, Livonia resident. Professionally, I'm an attorney, and when Michigan required it, I was also a professional community planner. It was at that time when Michigan required a licensing exam, and they're pretty much similar. You open your comments this evening regarding zoning, and that was all you are going to be addressing. This is a zoning application from local, community, local retail to C- 2 then with a variance for C-3. That's basically highway commercial in a C-2 zone, and that's authorized under the zoning ordinance. My concern here is that this is going directly from a very low -density development, recreation on the south side of Eight Mile and residential on the north side of Eight Mile. And I know you don't like to talk about what's on Eight Mile on the other side, you can't ignore it. It is residential. Livonia has adopted a land use plan and a zoning ordinance, and it's why our property values are where they are. They're very good, the zoning ordinance. Ms. Dinaro: That's time, sir. Mr. Wilshaw: You had a minute. Mr. Lindley: Are outstanding..., Mr. Wilshaw: Your time is done. October 22, 2024 31640 Mr. Lindley: You said I had two minutes. Mr. Wilshaw: I said one minute. Mr. Lindley: My introduction is a minute. Mr. Wilshaw: I know it was Mr. Lindley: Mr. Wilshaw: Mr. Lindley: Mr. Wilshaw: Mr. Lindley: Mr. Wilshaw: Mr. Lindley: Mr. Wilshaw: Mr. Wilshaw: Greg Ralko, Okay. May I submit something in writing? Yes, you may. From this point definitely, because this was at a public hearing. How do I do that? Please provide specific instructions, because I don't want that to get lost. You can send it to City Hall. You can send it to the Planning Department. Planning department, the Director of the Planning Department. Do I reference this as an item? Yes, you can. You just reference to the Eight Mile and Newburgh rezoning of this property. They'll know? Use the rezoning number in the application. You can, yes.. Thank you, sir. Good evening. Mr. Ralko. 36116 Fairway Drive, Livonia, MI. I took the time since this last meeting; I took the time to go to every resident in Golf Ridge Villa. There are 118, I talked to 110. 95% of them said, no. Okay, if you're going to put something in an area, what's the first thing you do. You talk to the people that are going to be most affected. We're going to be most affected. Okay? You talk about, you downplay runoff. It could be run off. That's where we get our water from to water our lawns, from those ponds. Let's not forget that. Okay? And the biggest thing here is that this is a quality of life for us. A quality of life issue. The people around our subdivision, and I might add Willow Woods, which is on the south side of Whispering Willows. They too, did a petition as well in their subdivision, and the same percentages came. 95% said no. So, if you ignore the people most affected, you're not doing your job. October 22, 2024 31641 Mr. Wilshaw: We are all set. Thank you. Good evening, sir. Dave Hall, 37300 West Eight Mile. I live directly across this monstrosity that's going to propose to be built. Here. You can say what you want. This is a truck stop. They are all truck stops. I...my bedroom...I have a big, beautiful window in my bedroom. It's at the front of my house. 24/7, 365, I'm going to have light shining in my room. I will not be able to sleep. And this gentleman, as much as I respect him, he calls Whispering Willows a commercial property. No, it's not. It's recreational. This is not commercial. If it was, I'd love to have my property zoned commercial. It's just not going...this cannot happen. I brought reports from Farmington Hills. I went to the Freedom of Information Act. There's over 13 accidents on this corner just in Farmington Hills, at Farmington Hills, probably twice as many with Livonia. And I'm going to have Livonia's records. Ms. Dinaro: Sir, that's time. Mr. Hall: All right. Mr. Wilshaw: Thank you, sir. Mr. Hall: No thank you guys. Michael Kenny, 35223 Pembroke, Livonia, MI. We live about a half mile from this site. It's very important that we take into account that Livonia is one of only two communities in the nation that has three golf courses owned by the city, and then we have Greenmead across the street from that. So that's a valuable property. That ought to be thought through by the planning committee in a way that improves that area, you know, as opposed to, as I understand, a 24-hour truck stop being located there. So, I urge the committee not to change the zoning. The zoning is there for very wise reasons, and we have valuable property related to that. If you know this is the kind of property where people would want to build condominiums to overlook the golf course, as opposed to a 24 hour truck stop. So please take all that into account, and it impacts us dramatically. Thank you. Mr. Wilshaw: Thank you for your comments. David Sharp, (no address given). I've distributed to you a statement that I prepared. I understand a new subdivision is going to be built at the end of Lujan in Livonia, where a church exists. Now this is going to be another community that will be negatively affected by this possible decision, although Mr. Wilshaw made the assumption that it was going to pass, I hope he is wrong. But let me say, I thank you for Mr. Wilshaw: Linda Allen, October 22, 2024 31642 allowing us to speak tonight. And I think in my statement, if you read it carefully, you will see how much I care about Livonia and how much I love the area where I live. And I hope you'll consider that I'm a 78 year old former teacher and master gardener who developed the gardens at the Finish Center, where many Livonia people/members also use our gardens. Thank you very much. Thank you, sir. Good evening. Ma'am. 37203 Whitetail Court, Farmington Hills, MI. It's a brand-new subdivision of 17 home sites just north of Eight Mile and Halstead. Key two questions. First of all, I guess this really put some thought with the Sheetz individuals. What's the marketing concept on volume of this place? What marketing studies were done was that presented to any of you on this Planning Commission, that's really food for thought, and we've been around all the communities, talking to people, going to doors, writing emails. I'm on the HOA of my subdivision, and in all honesty, no one's going to be going to Sheetz after 8pm or 9pm. This is a very low key community with a lot of upcoming families and retirees, and so I...that's why it's very important to think about really, what are those projections and who did marketing studies. Mr. Wilshaw: All right, you're out of time. Ma'am, thank you for coming. Hello. Good evening. Ma'am, Faye Numer, I'm here representing business members part of the MENA American Chamber of Commerce. Not only does this affect residents in your area, it also affects the businesses in the area. The entire supply chain is affected. This is cannibalizing revenue as well as misallocating the resources away from existing gas station owners who have lived in the area and contributed significantly to the region for many years. We're not opposed to competition. What we're opposed to is unfair competition. The Sheetz business model, they enter an area, and they are able to sell 88 octane with their underground tanks. And that puts existing business owners at an automatic disadvantage, because they don't have the same capabilities. That is 0.50 to 0.60 cents less per gallon on average, compared to other business owners that are in the area. So automatically, they're put at a disadvantage. The gentleman that mentioned the underground tank leakage. That is an EPA concern. Not only is the EPA scrutinizing Sheetz, there's also scrutiny from the Equal Employment Commission with respect to their unethical hiring practices where... Mr. Wilshaw: You're running out of time. Thank you for your comments, though I appreciate it. October 22, 2024 31643 Ms. Numer: But just take into consideration the impact of the local community as well as the residents. Mr. Wilshaw: Got it. Thank you for your time. Thank you, ma'am. Julianne Michaels Levine. I'm a resident in Halstead Hollow in Farmington Hills, just north east of the Eight Mile and Newburgh intersection, I would just like to offer...just driving through the area, and clearly I haven't studied it and but there is other properties out there. There's at Six Mile and 275, which is all commercial, open land space. There's property for sale at the Seven Mile and 275 interchange property for sale that are clearly in more commercial areas than the intersection. So, for Sheetz to consider this particular property versus some of the other areas that are in the commercial areas of those exits off the highway. That's only something that I would at least put forth, that maybe as a Planning Commission should be considered. Mr. Wilshaw: We appreciate your comments. Thank you Thomas Perno, 21154, Prestwick, Farmington Hills, MI. An eighth of a mile, just north of this location. I can sit on my deck, and I can hear the traffic on Eight Mile right now. I can hear when they stop, when they take off. I can hear the loud cars. You're going to put this business there that's going to bring transient, people coming off of the expressway with their trucks at night. When those air air brakes go on and off, I'm going to hear those. I won't be able to sleep. I have a beautiful home in Farmington Hills that I worked hard to get and you guys are going to put this kind of business next to my house? I don't think so. Mr. Wilshaw: Thank you for your comments. Good evening, sir. Ron Sumner, 20008 Parker, Livonia, MI. Yeah, a couple of things. I can't believe that they don't...they're not going to give them a D cell lane. If you drive down Eight Mile, should be called Eight Mile highway. People drive so fast through there, especially that intersection. So that's, that's one reason why I don't think you should go in there. Another one is that property, I believe is, isn't the...like the north half, like 12 to 15 feet higher than the south half. So, you try to get tanker trucks in there with a lot of traffic, especially in the wintertime. I think there could be some some accidents going on in there. And is the Meijer at Seven Mile and Farmington still going in? Mr. Wilshaw: Yes. October 22, 2024 31644 Mr. Sumner: Are they going to build a gas station there? Mr. Wilshaw: No. Mr. Sumner: Okay. Thank you. Mr. Wilshaw: Thank you, sir, sure. Yeah, certainly. That's perfectly okay. I Johnny, I own the property, and I'm not selling the property to Sheetz, I am leasing it to them. They have confidence in what they're going to do, but I hear the word truck stop come up. They're not building a truck stop. They have a truck stop at Metro airport. Trucks will not fuel here, cannot fuel here, and cannot pull up and there's no room for them. And the same thing I hear from all the people, I took notes at last meeting. They all complain about traffic on Halsted northbound because it goes to two lanes. How is that a problem of Livonia. I drive down the road every single day on Newburgh Road, sometimes twice a day on Newburgh Road. I never get backed up. I never have a problem driving through. I drive on Eight Mile. Eight Mile is busy. Eight Mile got paved 100 years ago. Eight Mile was put there before it was a City of Livonia and it was a Township, and the people that bought homes there knew there was traffic when they bought those homes on Eight Mile Road. We're not putting in a superhighway. We're putting a gas station in a place where you can get a cup of coffee or a sandwich. Okay? We're not putting a Cedar Point there, bringing bus Toads of kids from Indiana. Mr. Wilshaw: Understood. Thank you, sir. Please have respect for other views. Obviously, the majority of people here, we know, are against it, but other people are welcome to their opinions as well. Good evening. Karen Sutherland, 37300 West Eight Mile, right across from the old Rite Aid. I lived there when that house was... it was a house when the doctor owned it with the pool behind it, when it was a two lane road that its always been a traffic problem. I went out and I videoed a horrible traffic accident last week on the rainy day, at nine o'clock at night, the car was totaled. There's traffic there all the time, when it's not going this way it's coming into my driveway because it's all backed up. So, I constantly have cars in and out of my driveway, because I have a circle driveway. There is no room for more cars there and for them to come in and out of that what would be Sheetz. It would be horrible for my house and anybody else that's going on to Eight Mile and Halstead. He has a million dollar reason to sell that place or to lease that place, and if I wanted to, I would go commercial with mine, but it's not appropriate in the area, so I just want you to take that in consideration with traffic. October 22, 2024 31645 Mr. Wilshaw: Thank you for your comments. Okay, hi, good evening. Ma'am. Patty, Riggio, 37204 Bretton Drive, Livonia, MI. President of the Willow Woods HOA. We submitted our all of our information of the 51 homes that I pounded the pavement to go talk to. Forty-five are adamantly against this. Also, you tabled this at the last meeting. My understanding was you had six people in in attendance, three were in favor, three were against. So, you had six, but now you only have five. How can you make a vote with less people? Mr. Wilshaw: Jim Coterba, Mr. Wilshaw: Orin. Mazoni, We have a quorum. We do have enough to make a vote. Thank you. Good evening, sir. resident of Livonia, MI. The only thing I have to say is, as I watch these things happen, normally, by the time the proposal gets to this point, it just seems like the decision has been made, and we've personally, I feel like I'm wasting your time and mine at this point. It just when it gets to this point and people come before you, I don't get a sense that you listen. That's the first thing. My second point is the fact that where in Livonia City Charter does it state that we have to supply goods and services to Farmington or Farmington Hills? We have strip malls, we have gas stations, we have liquor stores. Farmington, Farmington Hills, next to their residential suburbs, you don't find gas stations. You don't find liquor stores, but they run down Newburgh at 50 and 55 miles an hour. They gather their goods, and then they go to where they live, which they voted against this. I'd like you to think about it. Thank you Thank you. Appreciate your comments. I think there's one more person. Good evening, sir. 37531, Dungarran Court, Northville, MI, which is actually Farmington Hills. We are kitty corner, Meadowbrook Hills from the development, other than the fact of all the things that have been brought up so far, the noise, the traffic and so on. This is a very unique corner for Livonia. Okay? If you drive down going east on Eight Mile, you're coming down that hill, you have Greenmead on the right, okay? It gives you a certain feeling, okay, about the area and about the city. You come back, turn right on there you're going back to Greenmead. You've got the golf course on the left. I mean, it's just the whole area is just a very, very nice, comfortable place, and I think it sets the mood for the whole city and why people live there. I've been at my address for 45 years, so we've seen a lot of changes there. I'm also a property owner in Livonia. Its a great city, and I hope you would just take a look at the esthetics that's going to happen if you put a gas station there. October 22, 2024 31646 Mr. Wilshaw: We understand. Thank you, Mr. Long: Mr. Chairman, let's cut off public comment after this last person in line behind this gentleman, Mr. Wilshaw: Definitely. Okay. Thank you. Good evening, sir. Kenneth Moore, 20185 Ellen Drive, Livonia, MI. I'm just looking at the zoning change, not the particular person who's asking for it. If you were to change from C-1 to C-2 just going through the the Livonia PDF on this, I could see that if this business failed, you could put in pawn shops, payday lenders, auto paint shops, massage establishments, hotels, radio, TV antennas. I don't think we really want to change the zoning. Thank you. Mr. Wilshaw: Thank you for your comments. Colleen Powers. 20938, Deerfield, Farmington Hills, MI. I'd like to echo a lot of what Mr. Mazoni just spoke about. The character of that corner and what is there, and having the green space, if you will, of the golf course, and of the homes and the residential area around there, as well as all the beautiful property and historic nature of Greenmead, to put a gas station on that corner completely changes the character of that area, and we have two gas stations a mile down the road at Eight and Haggerty, one at Seven and Farmington, and three in the other direction, down Eight Mile. Two at Eight and Farmington and one less than a mile away at Kroger at Gill. We are not lacking for gas stations in our area, and I would hate to see the city destroy the look of that area. I have two daughters in their 20s, married, looking to move in to homes around there. That's where they've been looking, but not if something like this is going to be in their backyard. Mr. Wilshaw: Thank you, ma'am. Mr. Wilshaw: We'll let you be the last person, and then we're done. Claudia Lindley, 20218 Edgewood Avenue, Livonia, MI. We've been there for about 20 years, and I agree with everybody about changing from low density to high density is a really bad decision. We used to live in Dearborn Heights. We moved about 20 years ago, right off of Ford Road. Talk about high density. It's was so nice to move to Livonia to drive down Haggerty. I mean, Newburgh drive up around Eight Mile in front of the golf course, even the cemetery. I mean, it's beautiful, and Sheetz gas station with a big red sign on 275 I think it's really bad choice. October 22, 2024 31647 Mr. Wilshaw: Thank you for your comments. Appreciate that. All right, at this point, we close the comments. We do apologize to the residents who misunderstood that this was a pending item, hopefully at least giving another opportunity for some folks to speak on this item helps with that. We did hear all your comments from our previous meeting. We have heard your comments from tonight's meeting. We have numerous emails and petitions. So, we do have a lot of input from the residents, which we appreciate. Mr. Long: Chair, if I may, the one gentleman spoke that by the time it gets to this point that it's a done deal, and nothing could be further from the truth. This is the first bite at the apple for this. This comes before us for a zoning issue. We're going to make a recommendation to City Council. There will be another public hearing at City Council where you will have the opportunity to speak, if you want. You will be able to speak with the City Council members about it, if you'd like to. From there it goes, if it gets approved, then it goes into a site plan process. It will come back to the Planning Commission for a site plan again. There will be a public hearing, and there will be another opportunity to speak on it. And then from here, it will go back to City Council again, so there are plenty of chances for you to discuss this with your appointed commissions and your elected officials, all right. So, nothing could be further from the truth than that this is a done deal. Thank you. Thank you, Mr. Chair. Mr. Wilshaw: Thank you, Mr. Long. Is there any other questions or comments from any of the commissioners? If not a motion would be in order. On a motion by Droze, seconded by Dinaro, and adopted, it was #10-55-2024 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on October 22, 2024, Petition 2024-08-01-04 submitted by Skilken Gold under Section 13.15 of the Livonia Zoning Ordinance, as amended, requesting to rezone the property at 37355 Eight Mile Road, located on the southeast corner of Eight Mile Road and Newburgh Road in the Northwest /4 of Section 5, from C-1 (Local Business District) to C-2 (General Business District), the Planning Commission does hereby recommend to the City Council that Petition 2024-08-01-04 be approved subject to the following conditions: 1. A zoning change to C-2 would be compatible and in harmony with the area's surrounding land uses and zoning. 2. The proposed C-2 zoning is consistent with the longstanding commercial use of the property. October 22, 2024 31648 3. The proposed C-2 zoning will allow the development of the subject property in a manner that is consistent with its size and location and will bring additional commercial services and retail to this part of the city. 4. The proposed zoning change represents a reasonable and logical plan for the subject property that adheres to sound land use planning principles. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.15 of Livonia Zoning Ordinance, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Droze, Dinaro, Caramagno NAYS: Long, Wilshaw ABSENT: Bongero, Ventura ABSTAIN: None Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Wilshaw: Is there any discussion on the motion? There's no discussion. I'm going to pass the gavel. Mr. Chair? Mr. Long: Yes. Mr. Wilshaw: I'd like to speak on this item. This is something I don't do very often in chairing meetings, but as a chairman, I'm not allowed to speak prior to votes, because I don't want to influence any of my fellow commissioners and making their decisions. So, I have passed the gavel, so I'm no longer responsible for this item, but a lot of comments have been made that residents have made, and I want to address a few of them, and also just give my personal view on to why I'm voting the way I am. It's no secret that I voted against this item at our prior meeting, and I intend to vote against it at this meeting. The reason for that is this is a rezoning of property from C-1 to C-2 as many folks in the audience stated, We are raising the intensity use of this property by doing that rezoning. At C-1 it's a local, what's called local zoning. It allows for light commercial uses. I would say it's probably the best way to describe it, similar to the ones that we've seen there previously. There is a light commercial use north of this property, which is the daycare center in Farmington Hills. The remainder of this intersection, when you look at it, is residential and public land. It's parks, it's a golf course and Mr. Long: October 22, 2024 31649 residential properties, including right at the corner, which is highly unusual at most corners throughout our city to have residential right at the corner. When I look at this area, it's a very unique area in the sense of having so much open space. There's hundreds of acres of open land in the vicinity. And I'm also old enough to remember when many areas of the city were like this. But this really exists nowhere else in Livonia at this point, and if I stand at this intersection, I can go one mile in almost any direction to get access to a gas station. I get access to a convenience store. I can get access to fast food restaurants, and many of those operate with extended hours, not necessarily 24 hours, but extended hours. I drive through the intersection of Eight Mile and Newburgh daily. I live right near there, and when I stop at that intersection, I say to myself, do I need gas at this corner? Do I need a convenience store at this corner. Do I need fast food dining at this corner, 24 hours a day? And the answer to that for me is no. So, rezoning the property to C-2 for those intended uses is increasing the intensity use, and I don't think it's it's appropriate at this location. I know Sheetz is very eager to find a location in our city that works for the community, for everyone involved and for themselves, and I think there are some good locations around the area that could support this type of business that are either currently zoned to the appropriate zoning or are also available on the market at this time. Some maybe not available on the market at this time, but will be in the future. But whatever happens with this vote, I just want to remind the audience that we are making a recommendation to City Council. This is not the final step. As Mr. Long said, there's many more steps for this to go. So, for any residents interested in this, I do suggest that you continue to follow the process as it moves forward. City Council will hold their own public hearing. You'll be able to speak at that and they're ultimately going to make the decision on this. I do want to thank the petitioner for coming and giving his presentation tonight. I also want to thank the audience for being respectful through this meeting. And that's the end of my comment. Thank you. Mr. Chair. We have a motion on the table that has been supported. We have passed three to two, so this will go on to City Council with the recommending approval. And we wish you luck with your project. Thank you. Mr. Wilshaw: Thank you for coming. Mr. Long: I am going to pass the gavel back to Mr. Wilshaw to come to attend to the next. Thank you. October 22, 2024 31650 ITEM #2 APPROVAL OF MINUTES 1,219th Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,219th Public Hearing and Regular Meeting held on September 10, 2024. On a motion by Caramagno, seconded by Dinaro, and unanimously adopted, it was #10-56-2024 RESOLVED, That the Minutes of 1,220th Public Hearings and Regular Meeting held by the Planning Commission on October 8, 2024, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Long, Caramagno, Wilshaw NAYS: None ABSENT: Ventura, Bongero ABSTAIN: Dinaro, Droze Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,221st Public Hearings and Regular Meeting held on October 22, 2024, was adjourned at 8:03 p.m. ATTEST: Ian Wilshaw, hairman CITY PLA ING COMMISSION am Car! agno, Secretary