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HomeMy WebLinkAbout1,163 -December 15, 2020MINUTES OF THE 1,163'd PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, December 15, 2020, the City Planning Commission of the City of Livonia held its 1,1631d Public Hearings and Regular Meeting via Zoom Meeting Software. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7:02 p.m. Members present: David Bongero Sam Caramagno Glen Long Betsy McCue Carol Smiley Peter Ventura Ian Wilshaw Members absent: None Mr. Mark Taormina, Planning Director, Scott Miller, Planner IV, Debra Walter, Clerk -Typist II 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 2020-11-02-10 Shoppes of Livonia Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2020- 11-02-10subrnitted by LS Equity L.L.C. requesting approval of all plans required by Sections 11.03(n)(3), 18.47 and 18.58 of the City of Livonia Zoning Ordinance No. 543, as amended, in connection with a proposal to re -develop the commercial shopping center (Shoppes of Livonia), including demolishing a portion of the existing building, constructing a full -service restaurant with drive-thru facilities (Chick-fil-A), constructing an December 16, 2020 29805 addition and renovating the exterior fagade of the existing building, and constructing a multi -tenant retail building with drive- thru facilities, at 29250-29350 Plymouth Road, located on the north side of Plymouth Road between Haller Avenue and Middlebelt Road in the Southwest /4 of Section 25. Mr. Taormina: This is a request to redevelop the commercial site at the northeast corner of Middlebelt and Plymouth roads. The property in question totals 7.75 acres with roughly 480 feet of frontage on Middlebelt Road and 185 of frontage on Plymouth Road. The site contains a multi -tenant retail building with a gross floor area of roughly 85,000 square feet. The property is zoned C-2 (General Business). Located closer to the intersection at Middlebelt and Plymouth is a vacant commercial building that was constructed in 2003 as a Walgreens Pharmacy. That building is not a part of the site. Nor is the Firestone Compete Auto Care Center facility located immediately to the east of this site along Plymouth Road. Both properties were once a part of a larger single site that included the subject parcel but were split -off and sold separately. The subject property would be redeveloped in three phases. Phase I includes demolishing portions of the existing retail building and constructing a new Chick-Fil-A restaurant, which would be adjacent to Middlebelt Road. Phase II, as you can see on this diagram, involves the redevelopment of the area along Plymouth Road and the construction of a new multi -tenant retail building in an area that is currently used for parking. Lastly, Phase III involves expanding the existing retail building and undertaking fagade and other parking lot improvements. We will talk about Phase I first. Demolition on the existing building would occur first to make room for the Chick-Fil-A restaurant. About 26,000 square feet of the existing 84,000+ square foot building would be removed. The new free-standing restaurant would be located between the downsized building and Middlebelt Road in the northwest corner of the property. The proposed Chick-Fil-A would have 124 interior seats along with 24 outdoor patio seats, for a total of 148 customer seats. The building would be one- story in height and have a gross floor area of 4,995 square feet. The outdoor seating area would be on the south side facing Plymouth Road. A major component of this is the drive-thru facility. There will be two drive-thru lanes that would commence at the southeast corner of the building and then proceed north where they would wrap around the back of the building and finish at the pick-up window on the west side. The menu and ordering area are shown in the northeast corner just before the turn at the back of the building. The inside and outside lanes would each have the capacity for 19 and 21 vehicles, respectively. Both lanes will be 12 feet in width which complies with the ordinance. The December 16, 2020 29806 adjacent drive aisle would serve as the by-pass route but for the outside lane only. Note that a drive aisle is immediately adjacent to this outside drive lane and would be available for circulation. If any of the cars in the outside lane wanted to prematurely exit the drive-thru, they would have the opportunity to do so. Overhead canopies are shown at two locations along the drive thru. One is at the menu and ordering area and the other one is at the pick-up window. These photographs provide an example of what the canopy would look like at the menu and ordering area. These next photographs indicate what the canopy would look like at the pick-up window. Striped crosswalks would be provided for safety and to effectively space the queued vehicles. There are five existing driveways that provide access to the site and all five would remain to serve the new development. Three of the driveways are on Middlebelt Road and two are on Plymouth. Two of the driveways are on the former Walgreens property: one on Middlebelt and one on Plymouth. Both provide access to the subject property via cross access agreements. Looking at the overall site plan, Middlebelt Road is on the left-hand side and here are the three existing driveways. The one at the north end is referred to as the north driveway. There is also a middle driveway and south driveway, which one of those driveways that is on the former Walgreens property. The hatched areas show the cross access that exists between the two properties. On Plymouth Road, there are two driveways. One is referred to as the east driveway and the other as the west driveway, also located on the Walgreens property subject to a cross access agreement. None of the driveways are signalized. As part of the development, the two main approaches, the middle driveway on Middlebelt Road and the east driveway on Plymouth Road, would each be widened. Looking at the exterior of the Chick-Fil-A restaurant, it would entirely consist of brick. The canopies are shown here, above the windows and entrance areas. The height of the building is about 20 feet, 4-1/2 inches. These are the renderings showing the north and south elevations of the building. This would be the side facing Plymouth Road and this one is the back of the building facing north. Underground detention is part of Phase I. It includes the construction of the basin that would be beneath the main parking lot in an area behind the main retail building. The main retail building is referred to as Retail 2. The smaller retail building that is proposed adjacent to Plymouth Road is referred to as Retail 1 and is part of Phase ll. This building is located at the south end of the parking lot between the Firestone and the former Walgreens store. This building would be one- story in height with a gross floor area of roughly 8,900 square feet. As you can see here, access would be provided via connections to the shopping center's existing driveways and December 16, 2020 29807 parking aisles. The exterior of this building would contain different shades of brick. It is a full -brick building. The height varies from 20 feet to 26 feet. The west end cap is shown as a restaurant with a drive -up window facility. The site plan shows a single drive-thru lane along the north and west sides of the building with the capacity to accommodate roughly nine vehicles. Phase III involves a 5,378 square foot addition to the northeast corner of Retail 2, which is the existing building. That addition would measure 39 '/ feet by 140 feet. With the expansion, Retail 2 would total of 63,434 square feet. The existing building is over 84,000 square feet in size. With the demolition along the west side of the property and then with the addition, it brings the total back up to about 63,400 square feet. Besides the expansion, the entire store front elevation would be renovated. The architecture and materials are intended to compliment the design of Retail 1. The exterior finish would contain brick with new parapet wall sections that would vary in height. As you can see here, they would project above the existing roofline. The changes to the other three elevations of the building would consist primarily of CMU. The top rendering shows the main storefront fagade facing Plymouth Road. The next rendering is the west side of the building and includes the same brick finish on roughly half of the west elevation. The balance would be a decorative CMU. Next is the rear of the building facing the commercial to the north, and finally the west side facing the residential area and the Firestone property, both of which would also be finished with CMU. Required parking for the new development would be based on the total amount retail floor space. For a group commercial center with more than four establishments and where less than 15% of the gross floor area is devoted to restaurants, the parking is computed at a ratio of 1 parking space for every 150 square feet of usable floor area. When we combine the square footage of all three buildings, the Chick-fil-A, Retail 1 and Retail 2, there is a total of 77,330 square feet used for determining the parking. This results in a requirement of 413 parking spaces. The site plan presented to you this evening shows 397 parking spaces resulting in a deficiency of 16 spaces, which is roughly 3.8% of the total number of required spaces. A fully detailed landscape plan was submitted with the application. This is a blow up of the area around the Chick-Fil-A restaurant and this is the area around Retail 1. All existing landscape islands would be replanted. Staff is recommending that the landscaping along Middlebelt Road also be replanted. Details are provided on all the trash enclosures on the site. Regarding site lighting, staff is recommending that all the poles not exceed a height of 20 feet to be consistent with the existing parking lot lighting. With that, Mr. Chairman, I can read out the departmental correspondence. December 16, 2020 29808 Mr. Wilshaw: Yes, please. Mr. Taormina: The first item is from the Engineering Division, dated November 17, 2020, which reads as follows: `in accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed project at this time. The property is assigned the address range of #29250 thru #29350 Plymouth Road, with an address of #29250 Plymouth Road assigned for the overall parcel. The legal description included on the plans submitted by the ownerappears to be correct, and should be used to describe the parcel. The proposed development is currently serviced by public water main and sanitary sewers. The submitted drawings indicate that new utility connections will be constructed to service the proposed building layout, but they do not indicate whether the new utilities will be private or public. Depending on the ownership of the proposed utilities, easements may need to be provided. The drawings do indicate that underground detention for the storm water is planned, but there are no calculations for the systems at this time. The proposed construction will be required to meet the Wayne County Stormwater Ordinance, including detention requirements. A full review of the proposed development will be completed when plans are submitted for permitting. It should be noted that although the City of Livonia will be reviewing the utility plans for the project, additional permits from Wayne County and MDOT will be required for work in the Middlebelt Road and Plymouth Road right-of-way's. "The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated November 12, 2020, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to re -develop the commercial center (Shoppes of Livonia), including demolishing a portion of the existing building, the construction of a restaurant with drive-thru facilities in the vacated space, remodel the existing building's exterior, construct a building addition to the existing building and the construction of a stand-alone multi -tenant commercial building on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated November 11, 2020, which reads as follows: "/ have reviewed the plans in connection with the petition. 1 have the following objections to the proposal. I am concerned with the driveway just south of Chick-fil-A. I expect there will be a high traffic volume coming from the business and utilizing that driveway. There is a great possibility for traffic congestion and traffic crashes for vehicles attempting to exit and turn left onto December 16, 2020 29809 southbound Middlebelt. My recommendation is to post a Right Turn Only sign at the exit." The letter is signed by Scott Sczepanski, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated December 10, 2020, which reads as follows: "Pursuant to your request, the above referenced Petition has been reviewed. 1. Signage shall be installed according to the ordinance. Any excess signage will require a variance from the Zoning Board of Appeals. 2. Parking spaces are required to be 10' x 20' and double striped. 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 November 12, 2020, which reads as follows: "I have reviewed the address connected with the above noted petition. As there are no outstanding amounts receivable (general or water and sewer), I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated November 12, 2020, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the name and addresses connected with the above noted petition. At this time there are no taxes due, therefore I have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? I have a quick question. The only deficiency on this plan is parking, correct? That is the only reason they would have to go to Zoning Board of Appeals? Mr. Taormina: The signage for the Chick-Fil-A is clearly beyond what the ordinance allows. If you look at these renderings... and we don't have details on the signs, but in this case, two signs would be allowed since this would be considered a corner lot. One facing Middlebelt and the other facing Plymouth Road. The plans show signs on all four sides of the building, which would require a variance. Mr. Wilshaw: Okay Ms. McCue: I apologize. May I ask a question, Mr. Chairman? Mr. Wilshaw: Of course, Ms. McCue. As. McCue: I was just wondering... not a ton of frontage on Plymouth Road, but will the PRDA be seeing this as well? December 16, 2020 29810 Mr. Taormina: We will bring it to the PRDA the next time the Board meets. This project does not involve much in the way of streetscape improvements, since these already exist on the subject property. Unless the PRDA wanted to see some modifications. We would intend to submit this to either the full Board or the Executive Committee sometime in the next month. Ms. McCue: I agree there isn't a whole lot in that space, but consistency I guess is always what we want to take a look at. Mr. Taormina: Thank you. Ms. McCue: Thank you. Mr. Wilshaw: Any other questions for our Planning staff? If not, our petitioner is here in the audience. If you could just use the raise hand button to indicate who you are. Mr. Jarbou and Mr. McPherson. I think there are a few representatives on this item. Very good, thank you. We will start with Mr. Jarbou. Good evening. You can unmute yourselves. Frank Jarbou, 4198 Orchard Lake Road, Ste 250, Orchard Lake, MI 48323, I know that we are in different times now meeting via Zoom. Normally I like to be in front of the Planning Commission and discuss this great project that we do have. I just want to introduce everyone that we have on our team. We have Jenny that is our Project Manager, Mike McPherson from Atwell Hicks, which is the Site Engineer, we have Justin from Chick-Fil-A, and we have Michael from the traffic study that we did on the site. I know that last week when we went through the study session, we had a lot of concerns and some questions about traffic. We went back to Justin and Chick-Fil-A staff, which has done a phenomenal job I have to say with other store openings, and they plan to do the same thing here. They have developed a plan to work on the traffic... adjust the traffic, and I think that was provided to the Planning Commission staff on how we have a plan in place already even though the store is probably another 18 months from opening up. We want to be transparent with that plan and we want to have the Planning Commission look at it and have the City look at it and see if we can adjust in any way. We have given Chick-Fil-A the authority to do this plan and to work inside our vast parking field that we do have in order to accomplish a successful opening. I do have to remind everybody that we know that Novi opened up during COVID conditions and there were no interior seating allowed. That created a little more influx on the drive-thru obviously. We all hope that it goes away and we are allowed to sit in restaurants again. Hopefully, when that does go December 16, 2020 29811 away and by the time that happens and Northville will be opening soon, so we will have two stores in the area. Northville is supposed to open up next month. Hopefully, it will drive some of the honeymoon period over there and get that out of the way so when this opens up it is not as busy as the other one to begin with. We have another store hopefully opening up in Canton. We don't know the timeline on that. But hopefully getting there soon and deviate from this traffic as well. I know that after the meeting last week we talked to Mark and he said that the Planning Commission did have some concerns about the phasing process and how long this would take, ultimately for the whole project. Our full intention is to get this done as soon as possible. Meaning, Phase I with the Chick-Fil-A, Phase II with the out lot and Phase III with the rehabbing the existing building with all four facades on it. Timeline ... I would say ... with construction being a part of it and winter conditions... we would love to get this done between 18 months, which is a realistic timeline, and possibly two years. It depends on tenants and what we have going on, but we are hoping to have this thing completely wrapped up within that 18-month timeline. So, it's not as if we want to go in there and construct the Chick-Fil-A, and then sit with our arms crossed and wait for the next tenant. We are aggressively marketing this development. We have a lot of interest in that out lot. That out lot could potentially turn into a single -tenant use. We do have a credit union that is taking a look at it right now. We are coming in to get the retail approved, but in retail and everything else we do and everything you are seeing out there is constantly changing. When our group first purchased the property over a year and half ago, we put multiple plans in place and let the market dictate to us what we would ultimately see here. We had a couple different variations. Thankfully we have come to an agreement with Chick- Fll-A and hope you all welcome them as we have. We think it is a good plan. I am here to answer any questions or concerns and whatever else you guys need. Mr. Wilshaw: Thank you, Mr. Jarbou. With you tonight you have Mr. Lurk who is from Chick-Fil-A, correct? Mr. Jarbou: Yes, sir. Mr. Wilshaw: Good evening, Mr. Lurk. Justin Lurk, Chick-Fil-A, 5200 Buffington, Atlanta, GA 30349. Thank you having me again. As Mr. Jarbou stated, I would love to be there in person, but this will have to do for now. As Mr. Jarbou stated, we regrouped as a team after our call last week. We came up with a proposed traffic plan. Typically, our grand opening team would December 16, 2020 29812 put that together, but upon your request we certainly understand this was an item of importance. I think we are faced with a pretty unique situation here. I wish all of our sites were seven acres to where we could utilize the majority of that property for our openings. This will certainly be unique to this property. I certainly appreciate Mr. Jarbou and team for allowing us to do that. What you are seeing on the screen now is just a proposed draft of what a traffic plan could look like. I will try to walk you through that. So, let's start down on Plymouth Road. If you are heading westbound on Plymouth Road, all of the red arrows represent how you could potentially enter into the property or what we think the traffic plan would be to enter in to the property. We would try and drive the traffic in to the east Plymouth Road entrance. We would hope they would pass by the west entrance and accomplish that with some signage to not allow them to enter into the second curb cut off of Plymouth Road, but rather direct them north on Middlebelt Road and then entering in to one of the two entrances off of Middlebelt Road to queue into our drive-thru lane. As discussed last week, we would propose temporarily close off the middle access point off of Middlebelt Road as you are seeing there. Then if you are heading north on Middlebelt Road and you missed the first entrance and the middle one is closed off, you can go all the way to the north entrance and enter there. We would propose to route traffic all the way around the existing retail building. Then you can see we would propose to block off the drive aisle in front of the retail building just so people ... to consolidate the flow of traffic and not have so many points of ingress/egress to get into the drive-thru and direct traffic into one main route to get into the drive-thru. As you pick up your food, the blue arrows would represent the path that you would take leaving the drive thru. We would propose to direct all traffic to the south towards the vacant Walgreen's parcel. Then you have choices to go north or south off of Middlebelt Road, as you can see with the blue arrows there, or route around the vacant Walgreens parcel on that cross access and get down to Plymouth Road and either head westbound or eastbound on Plymouth Road. We feel this accomplishes the concern around traffic. We would provide this draft traffic plan to our grand opening team so when they do get on site, they got a running start on how to potentially direct traffic on site. I wanted to go through that. As was mentioned, that was the main item of importance that we talked about last week and we are certainly here to answer any and all questions that either the Commission or the public would have. Thank you. Mr. Wilshaw: Thank you, Mr. Lurk. Mr. Jarbou, did you want to add an additional comment? December 16, 2020 29813 Mr. Jarbou: Yes. We have with us Mr. Labadie also. He is the traffic consultant that was hired to perform a traffic study, piggybacking off what Mr. Lurk said I would love for him to jump in and explain...I think he gave you guys a bullet point of that comprehensive traffic study that he did. Mr. Wilshaw: Thank you. Welcome Mr. Labadie to our meeting tonight. Michael Labadie, 27280 Haggerty Rd., Ste C-2, Farmington Hills, MI 48331. Haven't been there for a while. If you would like, I can go through the study. I don't know if any of you tried to struggle through it or not. I think the study in itself is one that we started where you have to get a scope of work for what... in this case, we had to go to MDOT, and we had to go to the city. Middlebelt is owned by the county, so we had to go to the county and asked them for a scope what they wanted to see in the study. We have reflected that in what we did. As far as the power point goes, the first slide that you are seeing are the existing conditions. The existing conditions are... how is it working today and what kind of things are challenges that... if there are any, and operationally there are a couple things that we found looking at that. I don't know if you can see it very well, but there is a kind of a challenge that is there. If you look at the aerial view and you look at the traffic queues on Middlebelt Road versus the traffic queues on Plymouth Road, it is kind of a typical thing that is going on out there. There is a lot more traffic that we nearly double the traffic on Middlebelt Road than there is on Plymouth Road. That is a little thing that shouldn't be going on but is. Anyway, as we went through this you might wonder how we do traffic counts and do a traffic study now when hardly anybody at the time is out on the road. We had to get historical counts. We went out and counted the turning movements and then we upped the counts based on historical information. That was something that was accepted by MDOT and county. Can we scroll to the next ... the way these traffic studies work, there is an analysis that is put together by the Federal Highway Administration and it comes up with something that is called Level of Service. Level of Service has grades, A through F. A being good and F not being so good. You can see the ... those are seconds of delay. Those little categories in the boxes there, and they are a little bit different for signalized intersection versus an unsignalized intersection. Suffice it to say the Level of Service D is considered acceptable. There are an awful lot of intersections like driveways and unsignalized intersections that come out on to public high -volume roads that operating at a poor level of service. If you think about ... say you are in one of the drives or establishments on Middlebelt and you December 16, 2020 29814 try to pull out, you are there 20 seconds to a minute easily depending on the time of day. Can we go to the next slide? So, today you have Middlebelt Road and Plymouth Road intersection operating poorly, relatively speaking. You have the southbound approach operating at a Level of Service of E. In a lot of cases, that isn't a bad thing in an urban area with a lot of traffic on it, but overall, the intersection is operating at a C in the morning and D in the afternoon. That is a calculation of the four approaches to come up with a number or a letter for the intersection as a whole. The others are all stop signs and controlled driveway types and to have a 40 second delay in the morning at Middlebelt in the north driveway is ... and there are no gaps in the Middlebelt traffic is probably what that is telling you. Down on the bottom, the same thing on Plymouth Road in the evening. In the evening these are... sometime in the morning between seven and nine and in the evening between four and six. So, we have some challenges getting out on to Plymouth Road in the evening with the Level of Service E. Can we go to the next slide? One of the things that we found as we looked at this intersection, and to be honest here, we don't' have any explanation for this yet, but I can ... I don't even want to speculate, but the intersection right now, if you have left turn phases, in other words you get a green arrow to turn left, on the opposite direction it is usually when that green arrow is on, the opposite direction right turns are able to be made without any conflicts either. In this intersection, what we are proposing is that this intersection could stand to have that, and it doesn't. We are saying that that is something good to add. It reduces the delay and people get a green indication and can make a right turn and the opposite direction of the left turns. Another important thing that is not there but should be it seems is that push buttons are there for people crossing Plymouth Road but not crossing Middlebelt. Middlebelt is the one that needs more green time. Right now, Plymouth is getting more green time than it should and not only that, but it can't give any to Middlebelt because there is no pedestrian buttons. The idea of the pedestrian push button is that it gives some minimum green time, but it doesn't give all the green time that would be necessary for a pedestrian to walk all the way across the five or six lanes. So, if there were push buttons there the intersection would be able reallocate green time and give it to Middlebelt and those queues that you see in the aerial wouldn't be there, or certainly wouldn't be as long. We are ... those two things are existing items that we are not sure why they are there because it wasn't that long ago the intersection was modernized. I am not real sure about that, but it needs to get dealt with. It is an MDOT and Wayne County coordination thing, I think. None the less, somebody is going to have to go back out there and do it. Next slide. Well, you already December 16, 2020 29815 learned about that. Next slide. So, in the future, if you notice there are two tables here. One with improvements and one with no improvements. If you don't fix the challenges that I have pointed out at Middlebelt and Plymouth, you end up with some new challenges when you add our site development traffic to it and you grow the background traffic. As far as the other driveway approaches, the delays go up because there are again, especially coming out on to Middlebelt, it is going to get worse until we get it fixed... getting the signal fixed... with better traffic flow and more gaps to get out. That is where... this one shows that there is an awful lot of information that says we need to get that intersection timed better. Future improvements show that the Middlebelt and Plymouth intersection get better with those changes as we talked about. The middle driveway has some challenges in the PM peak hour and the Plymouth Road east driveway has some challenges during the PM peak hour. For the most part, the site can accommodate the traffic, but there is some changes that need to be made at the intersection. Can we go to the next slide? I kind of already explained some of this. To save some time, but not only does it add the green arrows and the pedestrian push buttons but we are talking about changing the cycling on the traffic signal as well. We are also recommending that there be one lane inbound and two lanes ... so each approach would be three lanes instead of two coming out of the site. Next slide. Any questions? I mean it is kind of a big report and I tried to gloss over it a little bit, but does anyone have any questions that I can help with? Mr. Wilshaw: I agree, Mr. Labadie, it is difficult to go through an entire traffic report in a short time, but you did a good job. Do we have any questions for staff at this point? I see Mr. Taormina has his hand up. Mr. Taormina: Mr. Labadie, could you please explain something? When you identify westbound traffic at the north driveway, what exactly are you referring to? I am guessing northbound and southbound are the vehicles turning out of the north driveway heading either north or south on Middlebelt. And maybe eastbound is the traffic turning from Middlebelt Road into the site, but what is westbound? Mr. Labadie: There is a challenge ... can you see ... move your arrow up a bit. There is a driveway that is offset. You see that? It is on the west side of the road. Mr. Taormina: Maybe if I go to the aerial photograph it will show it? December 16, 2020 29816 Mr. Labadie: You can't quite see it. Right there, yeah. Traffic actually uses that. We counted that as an adjacent street. It makes it a little difficult if they happen to go out of there because there is a lot more cars and there is an offset kind of conflict. Mt. Taormina: Okay, so to just clarify, when you say westbound you are talking about traffic that would exit this north driveway and cross over Middlebelt Road and enter... Mr. Labadie: No, they are just going westbound out of that approach. Mr. Taormina: They are going westbound from here? Mr. Labadie: Out of that approach, whether they turn left or right, I assume not too many go straight through. Mr. Taormina: Okay, so westbound refers to vehicles exiting the site? Mr. Labadie: Correct. It will have a right, a thru, and a left out of there. Mr. Taormina: So, the Level of Service relates then to all the turning movements at Middlebelt at the north driveway. Mr. Labadie: Correct. Mr. Taormina: But, then northbound itself are referring specifically to through traffic on Middlebelt Road or turning vehicles? Mr. Labadie: Through traffic on Middlebelt. Mr. Taormina: Through traffic? Mr. Labadie: Middlebelt doesn't have to stop so it is free. Mr. Taormina: Thank you, that helps. It helps me to better understand the structure of the report. Mr. Labadie: I tried to make it easy, but it is what it is. Mr. Wilshaw: Any other questions from the Commissioners? Mr. Caramagno: I do agree it is hard to lay this out in a short period of time, but there was a lot of discussion about the changes that need to occur at the intersection. Wayne County and DOT. Whose responsibility is that and what would be the time frame in coordination with a Chick-Fil-A here? December 16, 2020 29817 Mr. Labadie: That is a problem. There is no Chick-Fil-A out there and those queues and the poor operation that is happening today ... who is responsible for that? It seems to me that Wayne County should have complained, and they may not be aware of it. I don't know. They should have complained to MDOT when they did this. It is an existing problem, and it is something that should be worked out because when you have a signalized intersection with an MDOT road... MDOT actually owns the signal, so the participation in the cost and design of the changes should have been coordinated through Wayne County. I don't really have a good explanation why it works the way it does. Mr. Caramagno: I understand that, but in putting aChick-Fil A on this corner and rehabbing the corner, which it needs, it further contributes to the problem. What gets MDOT on the ball here? Or Wayne County on the ball? Does the developer put a request in that he has a problem with the intersection that he shares? Or who gets this thing cooking? Mr. Labadie: Hopefully the city now knows about it, and the city gets a hold of Wayne County and the State and they point out that Mike Labadie came up with this problem in this study at this intersection, can we meet about it. I think that is what you should do. It is a strange unique problem, but I think it is something that the city should run with because you know about it. Wayne County and MDOT do not know about it right now. Unless you want the developer to contact them, but it would have more clout to get done is the city did it. Mr. Jarbou: We are more than willing to work with Mr. Taormina and also Wayne County and MDOT to try figure out how to get this thing resolved. Mr. Labadie said that this is an existing issue... Mike with making the corrections there it obviously existing the way it is it would help it tremendously, but with the refinement that you are proposing and having the Chick-Fil-A there, it could still work in your opinion I am assuming. Mr. Labadie; Yes. Mr. Jarbou: We have done this in other areas where we have gone into redevelop. We would be more than happy to work with whoever it is on the city staff, but we would need some support from them to carry more clout with Wayne County and MDOT, but we are more than willing to step up and get that done. Hopefully, with the timeframe that we do have which we have done in the past. Wayne County has been a bit difficult to get a hold of, but MDOT December 16, 2020 29818 has been great to work with, but we are more than willing to interject and try to get that resolved. Mr. Wilshaw; Perhaps our City Engineer can help facilitate that as our official in the city that is responsible for engineering and traffic engineering to that extent. Mr. Jarbou: That would be a great thing if we could get him involved. Mr. Labadie, your engineer and us, we can show a good force and get this thing done. Mr. Wilshaw; it is interesting that you pointed out that the right turn lane signal, the arrows, aren't there and that is a recommendation to improve those because I have noticed in the last several years many intersections as they have been upgraded, being this one and Farmington and others, have been removing those arrows. I don't know if that is a change in the Michigan Manual of Traffic Control Devices or why these right turn arrows are being removed, but it is something 1 have noticed at many intersections around the city. Mr. Labadie: I don't know if they are for the same reason, I am not sure. It might just be ... you would have to check it out as to why they are taking those out. This is a popular thing to do. It helps. Mr. Wilshaw: Yeah. There are a lot of people that will sit at the intersection and wait because they aren't sure if they can go or not. Mr. Labadie: Correct. Mr. Wilshaw: Interesting. I didn't know as a traffic engineer if you were aware of any changes of rules that would justify why they are taking these out. Mr. Labadie: Sometimes...) don't want to speak for...make it too generic, but sometimes they are up for the wrong reasons when they are making improvements. You don't see too many of them with this doghouse kind of configuration. Mr. Wilshaw: Thank you. Good Point. Any other questions for the petitioner? Mr. Bongero: Going back on Sam's point, so right now it needs to be adjusted the way it is right now. So, right now you are saying this intersection, whether Chick-Fil-A goes in or not, should have these timing adjustments and modifications done, correct/ Mr. Labadie: Correct. December 16, 2020 29819 Mr. Bongero: Okay, so with Chick-Fil-A there, we know it is going to increase the volume tremendously. At least through the honeymoon period it is going to be a lot of people trying to figure out the entire entrance and exit... so, if the city doesn't step in, to me this would have to be resolved before that Chick-Fil-A opens or we are going to have chaos. That would be my thought. Would you agree with that? Mr. Labadie: I don't know about chaos; I don't know about that. I do know it sure would make things a lot better if it was. Either with or without the Chick-Fil-A it would be a good thing to do. It is important. I don't know that... certainly if you put a Chick-Fil-A in without making the improvements we are going to have to look at retiming that signal to make it at least a little more optimal than it is now. Some of it ... a couple of the things... although I am 99% sure it is not 100% right thing to do, but you could set it up so you just had the pedestrian crossings the opposite of what they have there now. That would help a lot to reassign green times for pedestrian crossings. As far as the arrows and that, that could take a little bit longer, but there are some short-term things that you could do real quick that I don't' think would take very much to do. I still think you are right. It would be great to have this done before Chick-Fil-A and the sites operate. It's not that hard to get it done, it's just a matter of getting everyone to agree to it and unfortunately there are three parties here. Mr. Bongero: Thank you. Mr. Wilshaw: Thank you, Mr. Bongero. Any other questions for our petitioners? Ms. McCue: I think at one point you had mentioned that the middle entrance off of Middlebelt would be temporarily blocked. Am I correct? During the opening phase, did I hear right? Mr. Lurk: That was a recommendation that we had. Ms. McCue: Okay. How long, just hypothetically, because I agree with you, I think the honeymoon phase is going to be critical in there, but what was your thought process when you created this flow? How long would you think this would be closed or blocked off? Would it always be blocked off? During peak time? Mr. Lurk: I think it would be blocked off ... instead of just cones, because we have all seen that people don't adhere to cones, that you might need some more permanent barricades for a week or two starting off while everyone gets used to it. That would be my initial feel. December 16, 2020 29820 I think that is up to ... once we get open, we would certainly have to play that by ear. Ms. McCue: Okay, the other thing is that the traffic bureau had indicated that they would like to have a right turn only indication at that exit as well. What is, I am not sure who that question is geared toward, but what are your thoughts for that? Trying to get out of that particular exit and turn left on to Middlebelt during peak times is going to be challenging. Mr. Labadie: If we get the signal retimed and the modifications implemented that we talked about you won't have the queues that you have there now, so whether or not you are trying to relate to the existing condition, just know that the existing condition could be quite a bit improved. Again though, it is the operation of a stop sign controlled access on to a high -volume road is the function of gaps. There are fewer gaps on the higher volumes, so it is going to be more of a challenge getting in and out. Not to the level though where we would agree that a right turn only needs to be there. We are going to have to get some kind of approval from Wayne County too because they control the permit. It would be probably a call by Wayne County, and they would probably allow it the way it is the way we are recommending it with three lanes. Two out and one in. If some sort of problem manifested itself, they may resort to a right turn only. Ms. McCue: Okay. Mr. Jarbou: Just to clarify, the gaps you speak of in your traffic study would indicate that at Middlebelt there would be a stop and at that point it would create the gap to allow someone to make a left turn lane and that is what you are talking about adjusting the timing on the particular light to allow that gap to happen. Mr. Labadie: The intersection traffic would clear more regularly and completely. Right now, it doesn't do that. That's the point Mr. Jarbou: If you were to time those more efficiently, even now, that would help our tremendously. With having the Chick-Fil-A there it would create the gap that is needed, and the honeymoon period is done someone could make a left turn successfully out of there, correct? Mr. Labadie: Correct. Mr. Jarbou: One more thing. With your experience and with what you have done here, I am sure that not all of us have had the experience that you have, how difficult of a process is it to work with Wayne December 16, 2020 29821 County and MDOT to get these changes implemented and would we ... if we are talking ... with the blessing of the Planning Commission and having this be a fall opening, is that timeline appropriate to get these changes done? Mr. Labadie: If we get moving, yeah. We are going to need the city on this, so it seems that the city would be committed to getting this to work better. It is not a problem if we can get help with the city. Mr. Jarbou: I just wanted to clarify that. Mr. Wilshaw: Ms. McCue, are you all set? Ms. McCue: Yes, I am all set. Mr. Wilshaw: Any other commissioners with questions for our petitioner? Mr. Long: I am just echoing Ms. McCue's concern about the left turn on to Middlebelt Road. I also see the suggested path of the exit on to Plymouth with a right and left turn option. I think you are going to have the same problems turning left. Again, not necessarily a question for anybody, but as this is all looked at it has to include thoughts about that as well. Mr. Wilshaw: That is a good point Mr. Long. In regard to gaps in the southbound traffic on Middlebelt, which seems to be the bigger concern that we have. The thing creating those gaps will be the traffic light probably up by Costco and Millennium Park because that is the next most northern light that would create those gaps for the southbound cars. Mr. Long: I know you are going to have that light at Middlebelt to stop the eastbound traffic...) mean, that intersection stacks up pretty good with westbound traffic. I know people can sometimes be polite and sometimes they can't be, but you know...I think that will be a challenge. I don't know how you solve that unless you do left turns out of the eastern most driveway, or at least try to direct people down that way. Or. Wilshaw: Right, Or. Long: Not really a question, more of a comment. Thank you. Or. Wilshaw: Any other questions or comments? Or. Ventura: I guess this is for Mr. Labadie. I am looking at your report. Trip generation for proposed development and I have never really December 16, 2020 29822 read a traffic report before so I am going to say that I am interpreting this, but my question is, is that an estimate of added traffic that you think Chick-Fil-A is going to add to this area? Mr. Labadie: Are you looking at Table 1 in the report? Mr. Ventura: I am. Mr. Labadie: Okay, good. That is not just Chick-Fil-A. It is other parts of the development as well. The Chick-Fil-A numbers, the third list down talks about the type of land use and it talks about the size. It says am in, am out, and total. That will be the total number of inbound in the morning during that peak hour. 51 and then 54 out for a total of 105. The peak hour in the morning is sometime between seven and nine. In the afternoon, sometime between four and six. The reason that those times are there, is because those are the times that traffic peaks on Middlebelt and Plymouth. Yes, that is the numbers that will be forjust the Chick-Fil-A during those hours. Mr. Ventura: If I read the footnote under the chart correctly, these are all based on a Chick-Fil-A down in South Bend, Indiana. Is that correct? Mr. Labadie: Correct. They have... Mr. Ventura: Why did you not use the store in Novi? Mr. Labadie: Well, the store in Novi...nobody collected that data. These are studies that were done by other firms before the data was published. It is pretty much accepted practice to use the similar uses generating similar trips. That is not an uncommon thing. If I were to ... if you were to look at the shopping center numbers for example. If you go into the IT trip generation manual, you will probably find out that there are hundreds of offices from all over the country, not just from around here. That is kind of how it is done. Mr. Ventura: I will take your word for that. My only experience is with Novi and the volume that I think that Mr. Lurk used, is honeymoon period that they had out there. It has been literally hundreds of cars in the parking lot waiting to get into the line to get on site and once they are on site, based on my count when I drove through about a week ago, there were between 70 and 80 cars in line. I am imagining that during the honeymoon period here, we could see 200 or 300 cars waiting to get on this site. Mr. Labadie: That is possible. December 16, 2020 29823 Mr. Ventura: I don't know where you put them. Mr. Jarbou: Mr. Ventura, that is also because there are no restaurants open right now. You are very limited on food. That has something to do with it I would say. Also, I don't know if Novi is a good indication of what is maybe... they don't have the parking field that we do. I would be more than happy to pick you up and we can go to Allen Park and they have the parking field. We can talk it over with a chicken sandwich. I am just trying to compare apples to apples. It is unfortunate that COVID is ... what is happening, but a tremendous amount of restaurants are closed and the... obviously, choices are very limited when you want to go out now. I am not trying to deter and say that it won't bring traffic, it definitely will. Mr. Labadie: Frank, there is another point for Mr. Ventura that we have to keep in mind here too. That there is not a lot of competition for the Novi site yet. The popularity is going to wane as you get more Chick- Fil-A's constructed. There are a few more coming online soon. That will influence the outcome of the traffic that is going to be too. That is why the traffic numbers that we put into the study from Indiana was because that is a steady state before COVID. Mr. Ventura: I guess, first of all, Mr. Lurk said you don't put these restaurants close together. The closest he said you put them together is five miles. So, when I went to a source that provides me with demographic information, I discovered that the population within five miles of Novi is half of the population within five miles of this restaurant. I don't see Northville and Canton relieving pressure on Livonia. I think we are going to have tremendous response to this restaurant. It is all good for everybody, but I am not convinced that we have a plan that is going to accommodate the kind of the traffic that this thing is going to generate during the honeymoon period. I am not sure that we have a plan that is going to accommodate traffic on a continuous basis. I was talking about this in my office and one of the people that works with me sent me a FOX news article that talked about Chick-Fil-A in Ohio being sued by the adjacent businesses because the Chick-Fil-A traffic was using their parking lot and blocking entrance to their businesses. We have a McDonald's immediately to the north of this. We have a huge shopping center southwest of it and shopping south of it. We have all kinds of neighbors around here and the last thing we want to do is choke off the circulation in this area to the extent that it damages their businesses and creates an ongoing problem. I guess that is a thought. I agree with Ms. McCue and other commissioners making a left turn out of this December 16, 2020 29824 site, either to Middlebelt or Plymouth Road, is going to be not impossible. I understand, Mr. Labadie, that you are doing a lot of projections here, which is what you do for a living and I respect that, but in your presentation, you made reference to Wayne County and MDOT many many times and urged that we need their help to resolve this, which I certainly am not arguing with, but I am uncomfortable approving this without having some response from them to say yeah. Your traffic study makes sense, and we agree with this and let's get this done, or no we don't agree with this and we have some other plans that need to be accommodated and some other solutions that we you to consider. At this point, you are asking us to approve this on faith. Having seen what has happened in Novi, I have to tell you that I am not a believer at this point. I apologize for that, but that is just exactly the way that I feel. I have to be honest with you. One other point was that at our study meeting we talked about how we regulate traffic in the roadways. Out in Novi they have private security people because the ring road around the shopping center is a private road. They are not (inaudible) to Mr. Taormina and others able to private security people and not be able to regulate traffic and on the state and county roads you need police officers. I believe Mr. Jarbou, or somebody said that we will hire police officers. Who determines when they are needed? Who pays for them? I understand that this restaurant is going to be owned by an individual. I don't see him at this meeting, and I don't hear him making a promise to us that yeah, he is going to spend the money to hire these police officers, or to pay the city back for the expense that it incurs when we have a couple hundred cars trying to get into this site and people trying to turn left and turn right and go all over the place and try to figure this out. After the restaurant is there for a couple years, I am sure it will get figured out, but we don't want to do a lot of damage in the period of time that we are waiting for everybody to figure out how to navigate this site and to enjoy a Chick-Fil-A sandwich. Personally, I feel like we are a little bit ahead of the curve here because I don't feel that we have the honeymoon period traffic, that I feel certain is going to be generated, based on the surrounding population and the lack of adjacent restaurants figured out. I have a bunch of other notes, but I have taken up enough time and I think I have made it plain how I feel. I would be much happier and feel much more confident in approving this if we had more answers that somebody was saying that yeah this has been approved by MDOT and it has been approved by the county and here is how this is all going to work and with some degree of certainty that everybody kind of bought in to. Thank you. December 16, 2020 29825 Mr. Wilshaw: Thank you, Mr. Ventura. What I am hearing from you is, and I think it is a very good point, is you would definitely feel more comfortable if you had folks like the City Engineer and MDOT and Wayne County kind of signing off on this in advance and saying yes, we have looked at this and we know what the plan is. We are going to do this; we are going to do that. We know that this is not going to crater the entire traffic flow in the area, correct? Mr. Ventura: Mr. Chairman, you stated it better than I did. Thank you. Mr. Wilshaw: That is what I heard. You said it very eloquently and it is an excellent point, so thank you. We have Mr. Taormina next and we will see if anyone else wants to speak. Mr. Taormina: Thank you. To Frank and maybe Justin, I have questions regarding this graphic and the grand opening period, which refers to comments that Mr. Ventura made relative to the impact of adjacent commercial properties. I am looking at this plan and wondering how it might impact the expected occupancy of the building in the southwest corner, the former Walgreens. I understand that you may have cross access agreements in place to utilize these driveways, but am wondering, and this is something to explore as we move forward through this process, whether the incoming drive-thru traffic could be rerouted further to the north through the parking lot, to the extent that the site will be under construction have extra capacity. It would have far less impact on the corner property, realizing that it could be occupied or under construction by then, and there would not be much traffic demand for the other retail uses, except maybe the Office Depot. You would also have the flexibility of adding a second westbound lane somewhere in the middle of the parking lot that could then turn north to the driveway. I throw that out as a suggestion, because I really see a lot of potential conflicts here, especially if the corner property is under development or occupied by the time the Chick-Fil-A is open. Mr. Jarbou: We have no problem with that. No problem at all. We can definitely get that done. Justin, can you speak to and help Mr. Ventura understand that when new stores do open up and how far they are away, how much it impacts the... if Northville opens up next month and where Novi is right now and hopefully, we are in a COVID free, not COVID free but restaurants are back open with sit down seating, what do you feel that is going to pull away from a Chick-Fil-A in Livonia? Mr. Lurk: So, there were quite a few comments brought up and I do agree with you Frank. We looked at putting that drive or temporary drive December 16, 2020 29826 a little bit further north to try and get that merge point as far away from the Chick-Fil-A building and we chose the south, but again this is a draft, and this could be a fluid plan. The good news here is it is over seven acres. I can't think of another Chick-Fil-A in our portfolio where we had seven acres to work with. I think that should give us a little more peace of mind. Some of the other locations that we are talking about are an acre, less than an acre or an acre and a half, right? So, I think that is one advantage to this location. With that and the fact that there is multiple ingress and egress points that gives customers choices... helps here as well. To go off of facts and figures and again to reference the west side of the state when we opened up in Grand Rapids, we opened up Grand Rapids South as our first location and saw similar demand that you are seeing in Novi right now under COVID, pre-COVID conditions. Then we opened up our second location in Wyoming, Michigan, which was about six or seven miles away and the staff there was concerned as well, but at that opening they only saw the honeymoon phase filling out of our site just that first weekend. We have a letter of support from a city official over there to another city stating the same thing. I think you are overestimating the honeymoon period. We only saw that during the opening weekend. I think that is a good example of what we could be faced with here. I wanted to bring that up again as well. One point was you're not hearing from our local owner/operator. That is fora reason. They haven't been selected yet. The way our model works is that corporately we find the sites and we work with developers like Mr. Jarbou. We go through the city process because this is a sole source of income. This is their only source of income. We bring the franchise owner/operator on right before the store would open. They have to terminate any previous employment, so they are without a check for a while. We can't ask them to be doing that for a year. Sometimes it is a year or 18 months is we go through a city process with construction and development. The local franchisee owner/operator would be working with the city and again we would typically hire private security to help with traffic, but a lot of municipalities will just put cops out there to be proactive. They don't always charge us back, but when they do, we are happy to oblige and help out because that is a service they are providing. I wanted to answer those questions as well. Does that help? Mr. Wilshaw: It does. Thank you, Mr. Lurk. Let me see if there is anyone else on the commission...we have spent a fair amount of time on this already, and I don't want to let anyone get missed. Is there anyone else on the commission wishing to address this development with the Chick-Fil-A, traffic, or any of the other buildings on this site? December 16, 2020 29827 Ms. Smiley: I am having a lot of technical difficulties and I lost you for a little bit there, but did they do a traffic survey on Haggerty? Was there any traffic survey prepared for that? Mr. Lurk: Yes, there was a traffic study done on Northville. I think that is what you are referring to, the Haggerty Road location in Northville. Yes ma'am. There was a traffic study done there and there were no improvements recommended based on that traffic study, but there was a previous pending improvement from Target. They added the traffic signal at one of our entrances. Again, that was an improvement that Target had put up there. So, if you go there now you will see a traffic signal to get into the Kohl's development that is across from the Target development as well. Ms. Smiley: Okay. Mr. Lurk: There was not a signal there when we first started looking. Ms. Smiley: There are now currently a lot of signals on Haggerty Road. That Haggerty and Seven Mile Road area. I know there was some building going on there and they are supposed to synchronize all the lights because there are so many and there is another building going up on Seven Mile or another development right on Seven Mile just by the 1-275 exit, so I just wondered if there was any... there were no recommendations is what you are saying? Mr. Lurk: That is correct. Ms. Smiley: Okay, thank you. Mr. Wilshaw: Thank you, Ms. Smiley. Any other questions from any of the commissioners? Mr. Bongero: For Mr. Jarbou. Phase I sequence...just so 1 am trying to get a handle on what you would accomplish with Phase I would be come in, tear up the west end of that existing strip mall, rebuild that end, and do partial fagade coming around the front and side, build the Chick-Fil-A, do the underground detention front and back, right, and then resurface the whole parking lot? Is that what you plan is? Like all the way up the drive up off of Plymouth Road all the way over to Middlebelt. That is all going to be done in Phase I? Or. Jarbou: So, we can definitely work in those parameters. What we normally do is on a situation like this is, like you said, we come in December 16, 2020 29828 there, demo the building, reconstruct that west wall, and wrap around the front to where the Office Depot is and hopefully by then we would have a tenant for that last bay over there and do that as well and then all four sides would be done. There would be new pavement around the entire site and even if we didn't have tenants for maybe Phase 11. At that point, we would still build that out and make it an at ready condition so we wouldn't have to go back in there with heavy equipment so that... make the pads at ready condition. Maybe leave it dirt but leave the parking field intact and create more parking and just also redo the landscape beds and redo the lighting with brand new LED lighting. We want to get as much done as possible. It costs more money to continue to come back and do Phase I, Phase 11, Phase III. 1 would love to just come in and just do all of it at once. Mr. Bongero: That is what my thought was too. I mean if you're going to do all that it is going to be pretty much restored and it is going to look pretty good until you do any of the other phases. It will pretty much be ready to go, right? I mean everything is going to be new... Mr. Jarbou: Any additional work would be interior fit outs for each individual tenants. To just come back here and just do this long-drawn-out process over a three-year period doesn't make sense or economic sense. It doesn't make sense to the community. It's always under construction. We want to get as much as possibly done... again, I would love to do it all at once. That is what our goal is, to get it all done at once. Even if we were to leave the interior bays on the inside vacant, we do build these a little bit ... the storefronts are interchangeable, so if we did get a tenant in and wanted a door in a certain place, we can do that. It costs a little bit more money, but it is easier to do that than to do full blown construction on a site like this. Mr. Bongero: Okay. That answers my question. Mr. Wilshaw: Thank you, Mr. Bongero. Any other questions from any of the commissioners? If not, let me check with our audience. First, before I go to the audience, there are some other folks, Mr. Jarbou, on your team that are in our audience. Is there anyone else on your team that is wishing to speak regarding what we have heard so far? If so, you can always click raise hand so we can recognize you and let you speak. If not, I do want to go to the audience and give them a chance to speak for or against this petition since this is a public hearing. Is there anyone in the audience who would like to speak for or against this item? If so, you can click raise hand. I don't see anybody raising their hand, December 16, 2020 29829 so I will go back to the commission and see if anyone else on the commission wishing to ask any questions or make any comments. I don't see anyone, so then I will take one last shot to the petitioner, Mr. Jarbou. Is there anything else you would like to say before we close the public hearing and make our decision? Mr. Ja, ou. Yes. I would just like to add that this is maybe looked at as heavy traffic, intensive development. I think if you look at the overall plan and what we are planning on here is enhancing a very dilapidated development that sat vacant for a very long time. As I indicated in the first meeting, this was an out of state owner I bugged for years to sell it to me so that we could go in there and redevelop it. This is what our specialty is. We go into sites like this that have been absentee owners that don't care about it and revitalize it. We have done numerous developments around town. Mr. Taormina, if you want to reach out to Plymouth or Canton, I am sure the Planning Commission or the planning guys out there would give you a thumbs up on what we have done. We hold true to what we do. We follow-thru. We work hand in hand with the city to make sure that our plan works for them and for everyone in the community. I want to add too that Justin has done a tremendous job in a lot of store openings. I can't tell you how many store openings he had done. He has done quite a bit. With him and his team, they are very committed when it comes to a situation like this and the ability to develop a site like this and work with the municipality and work with the local operator and try to execute correctly. I think that we have an advantage on our site that aren't always there for Chick-Fil-A. If you look at the Seven and Haggerty location, it probably sits on an acre and a half. Again, we are sitting on seven acres, which we are basically vacant, and we can accommodate and stack and help with the traffic flow. When we look at Novi over there, you are looking at one point of ingress and egress, where we have five multiple points of ingress and egress. We have identified the signals that can be changed and help. I really feel that Wayne County and MDOT, with the city's help, we can get definitely get them to agree that this is a better format of what Mr. Labadie recommends. We can definitely get that done in the timeframe for this Chick-Fil-A to open, if it is approved. I just hope that everyone recognizes the amount of effort and work that we have put into this. A lot of thought. We didn't just slap a plan together and say hey can we get this approved? No. We put a lot of time and effort in understanding and working with Mark. He has been tremendous to work with and the feedback that we have gotten from you guys. I think we ... within a week Justin got us back a plan of opening when normally they don't even have those plans in place except maybe a couple months prior to opening. We December 16, 2020 29830 wanted to make sure that you had all the information and data that you do have. We have spent a lot of time and money and effort to consult with Mr. Labadie to understand and what needs to be done with those lights. Can the site accommodate a Chick- Fil-A? He addressed that it can by making those adjustments to the lights. As developers, we are fully committed to getting that done and working with the city and county and MDOT to work on that. I would appreciate and hope that we get this plan approved and can move forward. Again, we are not absentee owners, and we are not out of state. Our offices are just down the street. Mr. Taormina and I will become good friends, whether he likes it or not and understand how to get this thing done and get it executed. Thank you for your time. Mr. Wilshaw: Thank you, Mr. Jarbou. I'll just let you know that Mr. Taormina is a very easy to make friends with. You're in good shape there. If there are no other comments, I am going to close the public hearing at this time and a motion would be in order. Mr. Ventura: I just want to compliment Mr. Jarbou and Mr. Lurk and Mr. Labadie on their presentation today and ensure them, at least personally, that I am in favor of the Chick-Fil-A being here and I want to compliment them on their preparation and presentation tonight. Certainly Mr. Jarbou makes a great case, but that said I am still not comfortable with the traffic solutions and the many open questions that surround what MDOT and Wayne County may or may not do. Tabling motion made by Ventura. The motion failed due to Zack of support. Mr. Wilshaw: Another motion would be in order. Mr. Caramagno: In looking at the approving resolution, #9 and #10, and speak to having traffic agreement with the county and with MDOT prior to opening. Can that language be stiffened up in any way that deems proper to accomplish what Pete wanted to do and what we need to do to make sure this thing is right? Mr. Wilshaw: Mr. Taormina, do you have any thoughts on that? Or. Taormina: Well, one thought that comes to mind is between the time this item finds its way to City Council that every effort be made to accomplish exactly what Mr. Ventura suggested. That is, to get some level of comfort from the other governmental agencies, Wayne County and MDOT, regarding the proposed traffic December 16, 2020 29831 improvements. Maybe Mr. Caramagno could read aloud each of the conditions. Mr. Caramagno: I can do that. Number 9 -that not less than six (6) weeks prior to the scheduled opening of the Chick-fil-A restaurant, the Petitioner shall submit to the Department of Public Safety Traffic Bureau for its review and approval details of how traffic will be managed, both on- and off -site, during the times when the stacking capacity of the drive-thru lanes is exceeded or when undue traffic congestion is occurring on the adjacent public thoroughfares. And number 10 — that all traffic improvements, including additions or modifications to the traffic signals, approach geometrics, or traffic lanes, as deemed necessary by either Wayne County or the Michigan Department of Transportation (MDOT) to mitigate the traffic impacts of the project, shall be completed prior to the opening of the restaurant. I think that is what some of us find necessary. Is it binding enough to say that yeah, we need something from the MDOT and the county in writing or an agreement prior to this thing opening, even after all your work is done? Mr. Taormina: My comment is really related to number ten. We can add or modify the language as the commission sees fit. The other thing I would maybe change is the term "traffic impacts of this project" by just stating "traffic impacts". After listening to the traffic consultant talk about the improvements needed for the existing conditions and other improvements recommended to mitigate the project impacts, we should make sure all the improvements are undertaken. That cost really must be borne by the developer. I don't know what that would be ... clearly the approach modifications are something the developer has in the plans. The other improvements, the signal timing and the pedestrian signals, I am guessing are not significant cost, but they are something that needs to be coordinated between the City, the County, and the State. Mr. Caramagno: So, does that come back to be within the timeframe of this project? Or does anybody know that? Mr. Taormina: They would certainly have to be completed before the restaurant opens. Was that your question, Mr. Caramagno? Mr. Caramagno: Yeah. Is it realistic that those things can be done, and if we are talking about the fall forthis to open...with COVID and who knows what 2021 is going to hold? December 16, 2020 29832 Mr. Taormina: Yes. These are not very capital intense projects, and I will let Mr. Labadie respond further to this, but we are not adding or replacing signals. While there may be some additional cost and time for modifying and upgrading the signals, I do not think these items are out of the realm of possibilities and could all be completed prior to the opening of the restaurant. Mr. Labadie? Mr. Labadie: You are right about that. I don't know if it is insignificant. I don't want to write the check, but I am going to guess that you have to add some signal heads and hopefully all of the spans work out. The push buttons have to have their little pedestals and have them be in the right places. I don't know. It is probably less than $50,000 but I am not 100% sure. We didn't really sit down to figure that out. I could have, but I didn't do that. It is also not just a matter of having to put in something that is going to take a long lead time to ... for example, the signal poles. It is roughly 18 months to get a steel signal pole. This can be done and designed. The question is to get it approved and someone committed to doing it. That is the question. It can get done in the time this is going to open up. That is for sure. Mr. Wilshaw: I think that is the main thing we are hearing from our commissioners. That we realize that this is going to cause a traffic impact. We want to try and minimize that traffic impact in the area as much as possible so that we don't want to get into the situation where the development moves forward and there is a traffic nightmare and then we are trying to wedge in fixes for that after the fact. We want to see those come online before. Mr. Labadie: I understand. The folks from Chick-Fil-A want the same thing. I would guess thought that...) shouldn't guess. I don't know why the intersection is the way it is. It seems as though it shouldn't be. There is nothing really... it doesn't make sense to me, but a lot of things sometimes don't. Working with MDOT and the city and the county, I don't think it is going to be a big problem. We can get it done. Or. Jarbou: In one breath I told you that we are committed to the city and we are here to work with you and in the next breath I am going to tell you that if there is a cost to bear on this, we are more than willing to take that on. We can definitely. We will take on the project of getting this approved. I think we can get approved prior to Chick- Fil-A opening if you want to make that part of your conditions. If there is a cost to bear with that, we want to make this improvement to the city and we will do that and we will bear that cost. December 16, 2020 29833 Mr, Wilshaw: Those are usually words to Wayne County's ears. Mr. Jarbou; I am sure it is. Mr. Bongero: I have a question. Mr. Jarbou: Plus, I have a chicken sandwich to buy for Mr. Ventura. Mr. Wilshaw: Go ahead Mr. Bongero. Mr. Bongero: Mr. Labadie, would you propose these changes to the county and to MDOT and then their traffic experts either agree or disagree. You kind of go back around and somehow you guys agree to what is going to fix this. Who enforces it? Mark, is that the Building Department that enforces it before it opens? Who is out there watching it be adjusted and then stood up and that's it? It's perfect, let's go. Do you know what I am saying?,:' Mr. Taormina: That would be coordinated between the different agencies and city departments to make sure that the project was completed as agreed upon. The Inspection Department ultimately would take direction from either Planning or Engineering and maybe even MDOT to make sure everything is working out appropriately before issuing the occupancy permit. Mr. Bongero: Thank you. Mr. Wilshaw: Thank you, Mr. Bongero. So, we are back looking for a motion. Mr. Ventura: Mr. Chairman, just a point of clarification before we move forward. Mr. Taormina, item ten in the approving Peso lution,...so this thing gets approved and they get a building permit, and they build the building, who or what entity makes sure that all of the traffic recommendations, as they are worked out between MDOT the county, are done prior to the issuance of Certificate of Occupancy? Mr. Taormina: I am going to suggest that it be the role of our Engineering Department and MDOT and Wayne County. I am not sure about where the coordination and responsibilities lie. Maybe Mr. Labadie knows. I believe most of that is Wayne County. Or, Labadie: I can help you with this a little bit. The changes to the signal are going to be...let's just say that the developer is going to get taken up on his offer and they are going to do it. They would mean that he would pay for the design of the changes and he would come up with the plans. He would hire a contractor and there would be December 16, 2020 29834 a permit from MDOT to make those changes. It would be really good if that coordinates with the opening of the restaurant. It will be close I would hope, especially because the developer will be able to control the schedule. I don't think that is going to be a big issue. But it is going to be a permit from MDOT. There will be some back and forth on plan review about what you are going to do. Frank can hire a contractor that is approved by MDOT and he is off and running. The MDOT permit will be inspected by MDOT or maybe MDOT would ask Wayne County to do it, but I doubt it. Did that help or make it worse? Mr. Wilshaw: We appreciate the honesty. Mr. Ventura: I would like to go back to Mark one more time. So, are you comfortable as number 10 is written that it requires that this work be done prior to the issuance of the Certificate of Occupancy? Mr. Taormina: Yes. 1 am happy with that. Mr. Ventura: Thank you. Mr. Wilshaw: It is kind of the question I thought I was hearing. Basically, who is the final arbiter of who says yes all of these conditions have been met and you can now open. It seems like it is the Building Inspection Departments. Okay, again let's look for a motion. On a motion by Caramagno, seconded by Smiley, and unanimously adopted, it was #12-60-2020 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on December 15, 2020, on Petition 2020-11-02-10 submitted by LS Equity L.L.C. requesting approval of all plans required by Sections 11.03(n)(3), 18.47 and 18.58 of the City of Livonia Zoning Ordinance No. 543, as amended, in connection with a proposal to re -develop the commercial shopping center (Shoppes of Livonia), including demolishing a portion of the existing building, constructing a full - service restaurant with drive-thru facilities (Chick-fil-A), constructing an addition and renovating the exterior fagade of the existing building, and constructing a multi -tenant retail building with drive-thru facilities, at 29250-29350 Plymouth Road, located on the north side of Plymouth Road between Haller Avenue and Middlebelt Road in the Southwest % of Section 25, the Planning Commission does hereby recommend to the City Council that Petition 2020-11-02-10 be approved subject to the following conditions: December 16, 2020 29835 That the Overall Site Plan identified as Sheet No. C01, dated November 5, 2020, as revised, prepared by Atwell, is hereby approved, and shall be adhered to. 2. That the Landscape an identified as Sheet No. C04, dated November 5, 2020, as revised, prepared by Atwell, is hereby approved, and shall be adhered to, except that a plan for replacing the trees and other plant materials along the site's frontage on Middlebelt Road shall be incorporated as part of Phase 1 of the development and submitted to the Planning Department for review and approval, and shall be completed prior to occupancy of the Chick-fil-A restaurant. That all disturbed lawn areas shall be sodded in lieu of hydroseeding. 4. That 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 thereafter permanently maintained in a healthy condition. 5. That the Exterior Elevations for the Chick-fil-A restaurant, as received by the Planning Commission and date stamped November 9, 2020, are hereby approved, and shall be adhered to. 6. That the Retail 1 — Elevations Plan identified as Drawing No. SD03, prepared by NORR, as received by the Planning Commission and date stamped November 9, 2020, is hereby approved, and shall be adhered to. 7. That the Retail 2 —Elevations Plan identified as Drawing No. SD04, prepared by NORR, as received by the Planning Commission and date stamped November 9, 2020, is hereby approved, and shall be adhered to. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material, and color to other exterior materials on the building. That no less than six (6) weeks prior to the scheduled opening of the Chick-fil-A restaurant, the Petitioner shall submit to the Department of Public Safety Traffic Bureau for its review and approval details of how traffic will be managed, both on- and off -site, during the times when the December 16, 2020 29836 stacking capacity of the drive-thru lanes is exceeded or when undue traffic congestion is occurring on the adjacent public thoroughfares. 10. That all traffic improvements, including additions or modifications to the traffic signals, approach geometrics, or traffic lanes, as deemed necessary by either Wayne County or the Michigan Department of Transportation (MDOT) to mitigate the traffic impacts of the project, shall be completed prior to the issuance of Certificate of Occupancy. 11. That the three walls of the trash dumpster areas shall be constructed out of building materials that shall complement that of the buildings. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. 12. That the proposed construction shall meet the Wayne County Stormwater Ordinance, including detention requirements, and the Petitioner shall secure all required permits, including soil erosion and sedimentation control. 13. That all new pole -mounted light fixtures shall not exceed a height of twenty feet (20') and shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadways. 14. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto. 15. That any future drive-thru restaurant in Retail 1 shall require waiver use approval. 16. That only conforming wall signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals. 17. That no LED light band or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows. 18. 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 December 16, 2020 29837 19. Pursuant to Section 19.10 of Ordinance 1*543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one (1) year only from the date of approval by City Council, and 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 19.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #2 PETITION 2020-11-08-07 Adams Park Development Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2020- 11-08-07 submitted by Adams Park Development, L.L.C. requesting approval of the Master Deed, Bylaws and site plan pursuant to Section 18.62 of the City of Livonia Zoning Ordinance #543, as amended, to develop a site condominium (Adams Park) consisting of thirty-nine (39) single-family homes on the properties at 14416 Harrison Avenue and 28201 Lyndon Avenue (former Adams Elementary School site) located on the south side of Lyndon Avenue between Inkster and Middlebelt Roads in the Southeast'% of Section 24. Mr. Taormina: This request involves the development of a condominium subdivisionI The location is the site of the former Adams Elementary School, which is at the southeast corner of Lyndon and Harrison Avenues. This property is 11.83 acres in area. It has 685 feet of frontage on Harrison and 785 feet of frontage on Lyndon. Surrounding the site are single-family subdivisions to the west and to the east. To the west is Compton Village and Har-Lo Subdivisions. The zoning there is R-1. To the east is Buckingham Village subdivision, also zoned R-1. To the north across Lyndon is Bishop estates, which is a six unit attached cluster housing development. Adjacent to that is Western Golf estates, zoned R-2. To the south of this property is the John F. Dooley park, which is zoned PL (Public Land). The subject property is currently in the process of being rezoned from PI (Public Land) to R-1 (One -family residential). City Council gave first reading on the rezoning on November 4, 2020. Second reading and Roll Call which are the final steps in the rezoning process are on hold pending a review of the site plan. Under the December 16, 2020 29838 R-1 zoning the minimum lot size is 7,250 square feet per lot. Lot width minimum is 60 feet, and the depth is 120 feet. The site plan shows a total of 39 condominium lots. Most of the lots, as you can see here, are shown having frontage on two new streets that redesigned in a U-shaped configuration. There is also a short cul-de-sac which extends south from the road along the west side of the development. Lots 11 through 39 would have access on the internal street and lots one to ten would have direct frontage on Harrison Ave, which borders the site along its west side. All 39 lots would meet or exceed the R-1 lot size requirements. In fact, roughly half the lots in this development measure 70 feet in width. There are three private open space areas . The largest is in the southeast corner of the property and it includes a detention pond, which is necessary for collecting and managing the sites storm water runoff. This park measures about 47,600 square feet or 1.1 acre. About 60% of the area would be devoted to the detention basin. There are two separate access paths to the park that would be available between lots 21 and 22. One is for the pedestrians to access the upland portion of the site. The other is a wider path that runs along the back of lots 22 through 26 that would be used for access for maintenance equipment. The other two open space areas are much smaller. One is in the southwest corner of the site between lot 1 and Dooley Park. The other is a narrow strip along Lyndon, which is adjacent to lot 39. That one would be used for landscaping and placement of subdivision signs. The other two areas which are not as obvious to see on this plan, are located here in the southwest corner and then that narrow strip that I mentioned for landscaping and monument sign is located here. For all new plats and condominium subdivisions, the city requires the dedication of public open space at a ratio of 720 square feet per lot, which for Adams Park would equal 28, 080 square feet. The combined area of the three open space areas total 52,819 square feet, which is nearly double the required land area. However, the petitioner is seeking approval to waive the requirement of dedicating the open space in the form of public parks and is instead proposing to assign these areas as general common elements under the Master Deed of the condominium subdivision. I am not going to go through the details of the homes. Additional information was provided to the Planning Commission which shows the design of the homes. I will let the petitioner do that. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: The first item is from the Engineering Division, dated November 17, 2020, which reads as follows: "In accordance with your December 16, 2020 29839 request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed project at this time. The properties associated with the project are assigned the addresses of #28201 Lyndon Avenue and #14416 Harrison Avenue. The legal description included on the plans submitted by the owner appears to be correct, and should be used to describe the parcels. The proposed development is currently serviced by public water main, storm and sanitary sewers, and the submitted drawings indicate that new utility connections will be constructed to service the proposed parcel layout. Easements will need to be provided for the new water and sanitary sewers, as well as portions of the storm sewer that are to be maintained by the City. At this time, Exhibit `B" drawings have not been provided to show proposed easements, so we cannot determine if the proposed easements are correct. The proposed construction will be required to meet the Wayne County Stormwater Ordinance, including detention requirements. Detention is shown on the preliminary plans, and a full review of the proposed development will be completed when plans are submitted for permitting. It should be noted that the proposed outlet for the development is owned by Wayne County, and therefore storm water permitting will be through the Wayne County Department of Public Service. The submitted drawings indicate that the proposed roadways are to be 27' wide, but the current Engineering Department standards require roadways to be 31' wide. Access to the detention pond and accessory structures will need to be hardscaped (either sidewalk or pavers) to be able to drive equipment on for any future maintenance, as well as for residents to access the proposed open areas. The submitted drawings do not indicate roadway names for any of the proposed streets, but it should be noted that "Adams" will not be allowed for any of the roadways in this development as that name is already in use by roadways on the west side of the City. "The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated December 7, 2020, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to develop a site condominium (Adams Park) consisting of thirty- nine (39) single-family homes on properties located at the above referenced addresses. We have no objections to this proposal with the following stipulations: 1. Any curves or corner of streets shall accommodate emergency vehicles with a turning radius of fifty-three feet wall to wall and an inside turning radius of twenty- nine feet six inches. 2. Standard for residential cul-de-sacs is 50' with a minimum right-of-way radius of 60' to provide for sidewalks and utilities. " The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated November 23, December 16, 2020 29840 2020, 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 Scott Sczepanski, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated December 10, 2020, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. 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 November 20, 2020, 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. The next letter is from the Treasurer's Department, dated December 2, 2020, which reads as follows: In accordance with your request, the Treasurer's Office has reviewed the name and addresses connected with the above noted petition. At this time there are taxes due, but they are not delinquent, therefore I have no objections to the proposal."The letter is signed by Lynda Scheel, Treasurer. That is the extent of the correspondence. Mr. Wilshaw: I will note that in our packet we do have a copy of the floorplan elevations and some renderings with some examples which are on the screen for us to see right now. We also have a copy of the Master Deed and Bylaws for this development. Are there any questions of the Planning Director? I don't see any. I will ask If the petitioner here this evening. If so, please click raise hand and we will recognize you and welcome you to our meeting. We will need your name and address for the record please. Stuart Michaelson, 31333 W. 13 Mile Road, Farmington Hills, MI 48334 and George Major. Mr. Michaelson: It is a site plan that you have seen a few times. We did make corrections and additions to it from our first meeting we had in front of you. I don't know what else to say besides what Mark has already relayed. It is 39 lots. You can see the site plan. We increased the size of the width of many of the lots to 70 feet and some were even wider than 70 feet. The minimum is 60. The minimum depth is 120. We made many of them deeper than the 120. We have increased the depth of the lots that back up to Lyons street. We are over 140 in those lots. That will leave enough room for rear yard drainage. Plenty of rear yard drainage. We think that will accommodate the people that live on Lyons and have complaints of some issues with flooding. We will be able to December 16, 2020 29841 handle any excess water from their lots. When the school was there, they had parking and they had no place for the rainwater to runoff, so I think we are solving their problem. We are very excited about building these homes. We know there is a shortage of lots in general in the whole area and the addition of this community would be a big addition to the City of Livonia. Mr. Wilshaw: Thank you, Mr. Michaelson. I think...just because we are used to seeing these plans, but for the sake of anyone who is not used to seeing these plans ... you are intending on having in the rear of the lots, especially along the lots near Lyons there is going to be a system of swales and catch basins that will collect water and take it to the retention pond? Mr. Michaelson: Correct. All of the storm water from our site ends up from the sump pumps and the homes from the rear yard drainage and from the street drainage, will end up in that detention. It then outlets to the storm sewer. The purpose of the retention is that it slows the volume of water into the storm, so it won't flood the system. It will have a 100-year storm retention and it will store the water first and then slowly outlet into the storm system. Mr. Wilshaw: Alright. Very good. That is exactly what we are used to seeing. Is there any questions for the petitioner from any of our commissioners this evening? Going once, going twice... anyone have any questions for our petitioner? Mr. Caramagno: I know there was a question last time about front entry garages and side entry garages and if it was already talked about, I apologize. Where would the front entry or the side entry garages be located on this map? Mr. Michaelson: All of the lots are designed to be front entry because of the width. That change was made in the Master Deed after the last meeting. I believe it was you that caught that. Everything will be a front now. There are corner lots, like for example 35,36, 22 that will be side entry because a corner lot can accommodate the side entry. The other lots will be front entry. Mr. Caramagno: Okay, so there are a few that will be side entry. That answers that for me. Let me also ask you, the detention pond on...l think we talked about brick pavers that goes 3/ - '/ around the detention pond and then a walkway with a cul-de-sac on the end there. Is there any reason that can't go all the way around the detention pond as a walking area? December 16, 2020 29842 Mr. Michaelson: Actually, our plan was ... there is no reason, but our plan was to have a little area there with a bench and even a pergola as a sitting area for people to sit because we are going to enhance the pond with a fountain. It is going to be an enhanced pond and it is a good place for someone to walk out and sit and meet some of their neighbors if they would like. That was a landscape enhancement. The other one is going to be for service vehicles. Every so often you have to have a service vehicle come in and clean out the detention pond because it is going to be a grassy type mat that will look nice but will be able to handle any equipment that they have to use to get back there. Mr. Caramagno: I think you said that last time. I forgot. Thank you. Mr. Wilshaw: Any other questions for our petitioner? Mr. Michaelson, who is going to be responsible for cutting and maintaining the grass around that pond area? Is that going to be the association? Mr. Michaelson: We are going to form an association and we will collect yearly dues from each one of the homeowners. They are going to handle all of the common areas, including the front where the signage and landscaping will be and the maintenance of the open space and the pond. Mr. Wilshaw: Okay, great. Any other questions on this petition from any of the commissioners? If not, I am going to go to our audience and see if anyone wishes to speak for or against this item? If so, please click raise hand and we will give you an opportunity to speak. We have Ms. Laura Franklin. You can unmute yourself. Laura Franklin, Good evening everyone. I had questions concerning the retention pond and also on the site plan. Where does it show the discharge of the water? Which sewage line would the water be going in to? Mr. Michaelson: it isn't shown on the plan, but it is all underground. It ties into an underground storm sewer. As. Franklin: Yes, but I need to know if it would be heading toward east of Harrison which is next to my property or is there another storm drain that would be utilized? Mr. Michaelson: Evan, are you on? Mr. Wilshaw: He is. Let me unmute him. Mr. Michaelson: Evan is our engineer. He can explain that better than I could. December 16, 2020 29843 Mr. Wilshaw: Let me just make sure that we have decorum. Mr. Michaelson: Just so you now, the outlet is on the west end of the...it is all underground but it is on the west end of the pond. Mr. Wilshaw: I just want to make sure we don't get into aback and forth between the audience and the petitioner. We want to try to maintain the questions through the commission and we will get those questions answered. Mr. Priest, good evening. We will see if you can answer those questions about the storm sewer system. Evan Priest: If you go back to that sheet right there, the outlet is...you can see on the east end of the pond there is a ... right there. That pipe is going to connect to an underground pipe. It is an eight -foot diameter pipe, and it is ... I want to say it is 12 feet underground. It flows north to the Livonia Drain #2 which runs east under Lyndon. Actually, it will go away from Harrison. The lots that face Harrison will have a rear yard storm sewer which you can see on this plan too. We are going to try and collect as much of that lot, including the roof, as we can. Obviously, the driveway will run out into Harrison. The rest of it we are going to collect and put into that pond and put it underground in that eight -foot diameter sewer, which for Ms. Franklins information, it is all separate from your sanitary sewer if that is your concern. The city does have some issues with things like that, maybe footing drains or connected to sanitary sewers... that is not the case here. All of the sump pumps will connect directly to the storm drain which will be kept completely separate from the sanitary sewer area. Mr. Wilshaw: Thank you for that response, Mr. Priest. Ms. Franklin, hopefully that addresses your question. Is there anything else you would like to say? Ms. Franklin: I'm just concerned because my property...there is access to not just water but also sewage that goes right next to my property, so that is why I need to know if the below of the site would mainly be shifting toward where those outlets are at my property. I don't have a sump pump in my basement, and I haven't had flooding in my basement since I have been here for quite some years. That is my concern in terms of how water is going to flow. It is all around my property. Mr. Wilshaw: For what it is worth, Ms. Franklin, each petition that comes before us and this has been the case for a number of years because of Wayne County's storm water management ordinance. Developments such as this have to basically retain their water on site that comes from storm water into these ponds and they need December 16, 2020 29844 to slowly discharge it as a very controlled rate of release into existing storm sewer systems like this large pipe that they are referring to. It is not going to be discharged into anyone's yard or into any open areas. It is going to go into a system, and it is going to be done at a very controlled rate. It should not impact or cause any additional flooding or water retain on any neighbors' properties. Ms. Franklin: Okay. I did have one more question. I think what the builder is doing is phenomenal to bring value to the neighborhood, but I had a question concerning a potential traffic challenge. Lyndon street... there was a survey done in 2015 and it was on April 22. They just did it for a 24-hour period. They noticed that there was 2,428 vehicles that went through. On April 23, 2,754 vehicles had went through. This was back in 2015. With AADT, they said the average is 2,480 vehicles going through over a 24-hour period. My question is, the entrance that closest to Harrison currently, where it is placed, that is the same place where the new buses actually release students and have students on, at Harrison and Lyndon street. Early in the morning, the congestion of traffic and throughout the day, there is a lot of traffic on Lyndon street. Has that been considered? Mr. Wilshaw: This plan has been looked at by our Traffic Division of the Police Department and they indicated that they had no concerns with the traffic that would be caused by this development. The Police Department will usually give us recommendations that you may have heard on the previous petition if they think a no left turn sign or right turn signs or any other traffic controls are necessary, they will indicate that. That hasn't been noted in this case of the development for essentially 30 something homes that are going to be there. Ms. Franklin: Okay, I do understand. I heard the letter that approved it but there was no mention of what was going on with the buses that actually stop. They stop on the north side and where they stope it is right there where the driveway is. Mr. Wilshaw: Right. It is possible if this property is developed as we see it here, that the school system may have to review where they have the bus stop and make some adjustments to ensure the safety of the children that get on those buses. Ms. Franklin; Thank you. Or. Wilshaw: Thank you, Ms. Franklin, for attending this evening. We will see if anyone else wishes to speak for or against this item. You are December 16, 2020 29845 welcome to click raise hand. I don't see anyone else doing that so, we will go back to Mr. Michaelson. Is there any other comments that you would like to make in regard to the petition before us? Mr. Michaelson: The only thing...) am hoping that you all agree that this will be a great addition to the city. We have a good reputation in all of the cities we have built in and around Livonia. We have actually built in Livonia previously years ago. I think you will be happy with our development with the way we deal with the city and the inspectors and everybody involved. We think of ourselves as very professional and we are looking forward to being approved and being able to start hopefully before spring. Mr. Wilshaw: Thank you, Mr. Michaelson. Any questions for our petitioner? If not, a motion would be in order. On a motion by Long, seconded by Ventura, and unanimously adopted, it was #12-61-2020 RESOLVED, That the City Planning Commission does hereby recommend to City Council that Petition 2020-11-08-07 submitted by Adams Park Development, L.L.C. requesting approval of the Master Deed, Bylaws and site plan pursuant to Section 18.62 of the City of Livonia Zoning Ordinance #543, as amended, to develop a site condominium (Adams Park) consisting of thirty-nine (39) single-family homes on the properties at 14416 Harrison Avenue and 28201 Lyndon Avenue (former Adams Elementary School site) located on the south side of Lyndon Avenue between Inkster and Middlebelt Roads in the Southeast Y4 of Section 24, be approved, and the Public Open Space requirement of the Subdivision Rules and Regulations is hereby waived, subject to the following conditions: 1. That the Site Plan identified as Sheet 03, dated November 17, 2020, prepared by Michael L. Priest &Associates, Inc., is hereby approved and shall be adhered to. 2. That the issues as outlined in the correspondence dated December 7, 2020, from the Fire Marshal shall be resolved to the satisfaction of the Livonia Fire and Rescue Division. 3. That the Landscape Planting Plan identified as L-1 and the Landscape Notes &Details identified as L-2, both dated Novembers 19, 2020 as revised, prepared by Nagy Devlin Land Design., are hereby approved and shall be adhered to. December 16, 2020 29846 4. That streetlights and sidewalks shall be installed throughout the development to the satisfaction of the Engineering Department. 5. That the condominium Master Deed and Bylaws comply with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinance, and Article XX, Section 20.01-20.06 of Zoning Ordinance #543. That Section 6.7 Garages of the Bylaws shall be modified to include front entries where applicable. That the brick used in the construction of each condominium unit shall be full face four -inch (4") brick. 8. In the event of a conflict between the provisions set forth in the Master Deed and bylaws, and the requirements set forth in the City of Livonia Zoning Ordinance No. 543, as amended, the Zoning Ordinance requirements shall prevail, and petitioner shall comply with the Zoning Ordinance requirements. 9. That the petitioner shall include language in the Master Deed and bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner's property pro rata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia. 10. That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development. 11. That only a conforming entrance marker is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; and December 16, 2020 29847 12. Pursuant to Section 19.10 of Ordinance 4*543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #6 APPROVAL OF MINUTES 1,162nd Public Hearings and Regular Meeting Or. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,162nd Public Hearings and Regular Meeting held on November 10, 2020. On a motion by Smiley, seconded by McCue ,and unanimously adopted, it was #12-62-2020 RESOLVED, That the Minutes of 1,162ndtn Public Hearings and Regular Meeting held by the Planning Commission on November 10, 2020, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Long, McCue, Smiley, Ventura, Bongero, Caramagno, Wilshaw NAYS: None ABSENT: None ABSTAIN: None Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,1631d Public Hearings and Regular Meeting held on December 15, 2020, was adjourned at 9:33 p.m. CITY PLANNING COMMISSION ��rf aw I I v '" 1 Sam Caramagno, Secrdtary i ATTEST: Ian Wilshaw, Chairman