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HomeMy WebLinkAbout1,181 - January 11, 2022 signedMINUTES OF THE 1,181st PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, January 11, 2022, the City Planning Commission of the City of Livonia held its 1,1815t Public Hearing and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, Mr. Ian Wilshaw, Chairman, called the meeting to order at 7 p.m. Members present: Glen Long Peter Ventura Sam Caramagno Ian Wilshaw Members absent: Carol Smiley, Betsy McCue, David Bongero Mr. Scott Miller, Planner IV, and Stephanie Reece, Program Supervisor, were also present. Chairman Wilshaw informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their filing. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2021-10-01-07 Kassem Bazzi Mr. Caramagno, Secretary, announced the first item on the agenda Petition 2021- 10-01-07 submitted by Kassem Bazzi, pursuant to Sections 13.13 and 13.15 of the Livonia Vision 21 Zoning Ordinance, requesting to rezone the property at 27480 Five Mile Road, located on the north side of Five Mile Road between Inkster Road and Foch Avenue in the Southeast 'Y4 of Section 13, from NM1, Neighborhood Multifamily to NM2, Neighborhood Multifamily — Maximum 4 Stories. January 11, 2022 30316 Mr. Miller: This property is located on the north side of Five Mile Road between Foch and Green Lane Avenue. It is 1.6 acres in size. The current condition is vacant. Surrounding the property, you have NM1 (Neighborhood Residential) to the north. To the east and west there is C-1 (Local Business). Across the street to the south of Five Mile Road there is N1 and N2, which are both residential. NM2 zoning treats multiple dwellings and apartments as a permitted use, subject to review and approval by the Planning Commission and City Council. This zoning also allows buildings up to four stories in height. The preliminary plan for the development shows two buildings and a clubhouse. Each building would contain six, two -bedroom units for a total of 12 units. The buildings will be three levels in height. On the north side of the site there would be a 2,040 square foot one-story clubhouse and outdoor pool area. Parking for this type of development and the number of units, requires 24 parking spaces. The site plan shows 43 parking spaces. The Future Land Use Map shows this as medium density residential, which is suitable for this type of development. That is the extent of the proposal. Mr. Wilshaw: Thank you, Mr. Miller. Do you have correspondence? Mr. Miller: Yes. The first item is from the Engineering Division, dated November 2, 2021, which reads as follows: 'In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed rezoning at this time. The subject parcel is assigned the address of #27480 Five Mile Road. The existing parcel currently has access to public water main and sanitary sewer owned by the City of Livonia. Storm sewer owned by Wayne County is available within the Five Mile Road right-of-way, so that any connections will require a permit through the County. The developer will need to meet current Engineering requirements for the proposed project, including storm water detention per the latest version of the Wayne County Storm Water Ordinance. It should be noted that the developer will be required to obtain a permits through the Wayne County Department of Public Service for any work within the Five Mile Road right-of-way."The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Finance Department, dated November 3, 2021, which reads as follows: "I have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated December 28, 2021, which reads as follows: "In January 11, 2022 30317 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: Thank you, Mr. Miller. With that we will go to our petitioner or representative for our petitioner who is in the audience. You are welcome to come forward to one of the podiums. We will need your name and address for the record please. Mohamed Bazzi, 6347 Appoline, Dearborn, MI, 48126. Mr. Wilshaw: Thank you, sir. You are representing our petitioner tonight. Is there any additional information you would like to provide? Mr. Bazzi: We are actually just trying to change it from NM1 to NM2 for a specific reason. We are trying to put the garage on the lower level so it will actually only be two and one-half stories, which we can put in writing. It is already approved for two -stories, so all we need is ... we wanted to put the garage on the bottom floor to make it two and one-half stories. That is about it. I mean everything else is intact unless anybody has any questions. I would be more than happy to answer them to the best of my ability. My father was supposed to be here. He caught Covid and the architect actually is not here, so I would be more than happy to answer any questions to my best ability. Mr. Wilshaw: We appreciate that, Mr. Bazzi. What we will do is start with any questions from our commissioners on this property and petition and then we will hear from our audience members. Anyone on the Commission wishing to ask any questions of our petitioner? Mr. Ventura: Good evening, Mr. Bazzi. I am trying to understand your reasoning when you say where you are putting the garage on the main floor on the first story is only a half a story. Are you putting it partially underground? Mr. Bazzi: It is going to be lower level. It is going to be dug like a condominium...) don't know....Mr....actually, John said that somewhat of similar condominiums over at Bell Creek Condos. Mr, Ventura: I'm sorry, I am not familiar with that. So, you are telling me that the garage...you are going to drive down below the grade into the garage? January 11, 2022 30318 Mr. Bazzi: It will be not all the way dug underground, no. It will be ... the way he explained it is it will be two and half stories. Mr. Ventura: Okay, I understand your answer to that, an you. I also see that the planning staff recommended a couple of modifications to the site plan. Number one, that the project be limited to two stories and number two, that the buildings be moved closer to Five Mile Road and number three, the pool house on site that you plan to put on site be changed in orientation from going east to west to north to south so that it is not as close to the neighbors as it is now. Can you tell us why you haven't done those things? Mr. Bazzi: Well, Mr. Ventura, I talked to John and he said that he is working on that because the neighbors were saying that they don't want a pool. They want trees and whatnot, so in regard to that we can discuss it further into making it a park or complete grass and trees. We have no problem with that. What was your other concern? The first one? Mr. Ventura: The staff recommended that the buildings be moved closer to Five Mile Road. Mr. Bazzi: Which will eliminate the parking in the front, correct? Mr. Ventura: I believe that was why. Mr. Bazzi: That is why we didn't want to do that. Because it is eliminating parking out front and it wouldn't look the same. Side by side, the buildings side by side would look a lot better and they are more convenient for the garages in regard to where you are going to have a garage facing Five Mile. Mr. Ventura: Okay. I guess my last question would be why do you have so much parking on the site that is not required? Mr. Bazzi: They are just extra parking spots, that's all. Mr. Ventura: So, there is no functional reason for that? Mr. Bazzi: No. Mr. Ventura: Alright, thank you. Mr. Wilshaw: Thank you, Mr. Ventura. Any other questions for our petitioner? If not, I do want to point out that this is a rezoning request and our main focus tonight is to look at the rezoning of the property from NMI to NM2. There is going to, obviously, be some discussion January 11, 2022 30319 regarding the proposed site plan because we need to understand why this change of zoning is being requested, however, the details of the site plan itself and the layout of the property, the materials used on the building, and those types of details will be taken care of at a future site plan meeting if this petition proceeds forward. I just want to at least point that out for everyone in our audience. With that, I think if there are no further questions from any of our commissioners ... Mr. Long, did you have one? Mr. Long: There is email correspondence. Mr. Wilshaw: We did receive...there is a number of letters that we have received from residents in the area that will be into part of our record as well. One of those notifications that we received today that I want to make clear in the record is that it was discovered that this property did not have a sign posted outside of it, which is part of the process that the petitioner is required to go through is to post a sign notifying that the rezoning is being proposed for this property. With that I do want to make it clear that it was noted and we will continue on with our meeting at this point. Is there any other comments or questions from any of the commissioners? If not, I am going to go to the audience and see if there is any comments that anyone in our audience would like to make on this petition, either for or against. Mr. Bazzi, you can sit down for now. We will listen to the residents who wish to speak. Good evening, sir. We will ask for your name and address for our record. Larry Czerwinski, 15852 Foch, Livonia, MI. I would like to first off tell you I am a disabled veteran and I have trouble hearing. Thanks to the US Navy. I am opposed to this change because that is a nice quiet residential neighborhood. It is all one -family homes. That apartment that you are talking about, I think will stand out like a sore thumb. It will bring my property value down. Next thing I need to know is, is this a Federal thing that you are doing or is it some private guy wants to build these apartments? Mr. Wilshaw: This is private, sir. Mr. Czenwinski: It's private. 'Cause I was wondering if this was a federally funded thing to hold Section 8 people. I want to know if they are going to build something like that next to Obama and Martha's Vineyard. That has been happening all over the country. They are trying to integrate the neighborhoods. I am against that. If they build one by Obama, they could build one by me. That is the way I feel about it. My second thing is that I didn't hear that whole introduction that you did about how this gets passed or not January 11, 2022 30320 passed. The way I think, I didn't hear that whole scenario, but if we are living in a democracy it is up to the citizens of Livonia not appointed people or elected people to make that decision. I think we can either take a vote of hands or put it on the ballot, bA... 'cause I am sure a lot of people feel as strongly and it should be up to the people of Livonia to make that decision. Not two or three people, other than that I don't have much to say, but I would like to have a vote on that as an option and all my neighbors would as to what goes on down here. Mr. Wilshaw: Thank you, sir for your comments and I do want to acknowledge your service to our country and say our appreciation for that. The way the process works is we are going to make a recommendation either approving, denying, or potentially tabling this item to a future meeting. That is the three decisions that we can make and that recommendation then goes to ... normally it would go on to City Council and City Council ultimately is the one that makes the decision. They are the elected representatives that make these decisions. Mr. Czerwinski: They should represent me and my thoughts. Mr. Wilshaw: That is very true. Mr. Czerwinski: Isn't that how democracy works? Mr. Wilshaw: You are correct, sir. That is one of the reasons why we have this public hearing is for you to be able to participate in the process and express your views. Mr. Czerwinski: City Council is all elected people? Mr. Wilshaw: Correct. Mr. Czerwinsle; : So, that means if they go through with it we have the power to vote to get them out. Mr. Wilshaw: Exactly. That is exactly how that works. So, what we do is, we get your comments and we are going to factor in your comments along with all the other information we received tonight and we are going to try and make the best decision we can. That is kind of what is going to happen tonight. Okay? Mr. Czerwinski: So, in other words you make the best decision you can regardless of these people? January 11, 2022 30321 Mr. Wilshaw: That is not true. We try to make the best decision, what is best for the citizens, for the community, and for the property owner themselves. We try to factor in all those things. Mr. Czerwinski: So, I guess my next question is, if they are so intent on building this in my neighborhood, there is plenty of room in Detroit to build apartment houses. I used to live there, I know what it is like. There is lots of empty fields. Lots. There is plenty of places to build apartments. We do have apartments down on Five Mile close to Middlebelt, so if they are looking for a big place to build a lot of apartments, go east of Telegraph, you will find it. Mr. Wilshaw: Thank you, we appreciate that. Thank you very much sir. Mr Czerwinski: Thank you. Mr. Wilshaw: Is there anyone else wishing to speak for or against this development? If so, feel free to come forward. Good evening ma;am. Cheryl St. Jean, 15458 Foch, Livonia, MI. I am speaking for my 98-year old mother. She lives at 15458 Foch. I live at 15524 Foch. We have three houses on this street. Our family. My home I have water in the back part of my property already. There are four actual houses, two on the right side of me going toward Five Mile. We have overflow of water. We have had it since we have lived on this street. We can't...I have a 1/3 of an acre going straight back. We can't use that back part of the property due to water, which we have standing right now. I am concerned that with them putting all the clubhouse, the pool, the concrete, the garage, the buildings, the weight of all that...I understand that they are going to do their sewer, okay with that, but I am concerned that all this that they are building somehow is going to come my way. Storm water run-off, backflow, whatever. I am just really ... we are already...I have... am I going to lose that part of my property totally where I can't even cut my lawn. Also, I am concerned about... are there going to be brick walls separating this (inaudible) with the neighbors? Because some of us don't want people looking in our house. You know, if you have two -stories, those people on the top story are going to be seeing... you know. The other thing is the dumpsters. We have a rat problem in this neighborhood at certain times of the year and if there is going to be dumpsters I am assuming the dumpsters are going to be further back toward our properties versus closer to Five Mile. What is going to happen with that? Are we going to have an increase problem with that? I really think... this doesn't pertain to this, but we had a real estate at the end of our street... we January 11, 2022 30322 understand that has turned into a gun shop. So, now we have a gun shop and then we have this, so when does it stop? What more are you going to do? There is one more piece of empty property on Five Mile that is west of our street. Has a beauty shop in it... an empty lot. Gosh, what are your going to put there? I understand that it is all about money or I think it is about money. That is just my opinion, but when does it stop that we have to have these kind of things? I don't really have a problem with what is being built, it is just how much is going to be built on one... was it one and a half acres? Mr. Miller: 1.6 Mr. Wilshaw: 1.6 Ms. St.Jean: Alright, 1.6 acres all these on 1.6. My god I have a 1/3 of an acre and I can't even imagine putting all this on there. Then garages? I didn't even realize that and then 48 parking spots. I mean... so, that means each condo...I mean I understand they are probably going to need two cars because two people are going to live in it, but gosh you know... that is in our backyard. If there aren't going to be brick walls and they are just going to leave us with our, you know, our wrought iron fences we have and you know privacy fences, what... you are going to change our neighborhood. I can't help but think it is going to drop our property value because we have a gun shop and how we got this, but you know ... this probably won't change anything but I just want you to know that I am really concerned because I have a water issue already and now I am really going to have to worry about it. Mr. Wilshaw: Thank you, Ms. St. Jean. We appreciate your comments and we will take them into consideration. Ms. St. Jean: Thank you. Mr. Wilshaw: Thank you. Anyone else wishing to speak on this item? Good eveningI sir. Joe Halley, 15341 Foch, Livonia, MI. Been there for 25 years. Did this probably 20 years ago for the same thing and it ended up just being what we see now. There is nothing built there. Tore down all the trees. It is kind of a debacle. Anyway, I am against the project. I don't like the concept of having tall buildings looking down in our yards. I don't want people looking in my yard. We are getting ready to add on to our house and it is like you know do we want to do this? We found out about the gun range just by chance with Clark & Fron. My wife called the owner because she hadn't seen him January 11, 2022 30323 around and he is like... he sold it and it is going to be a gun shop. We went down and talked to the guy who owns the property and he said it is zoned... he can have a gun range also. He is trying to buy the property of the mental health building right next door directly to the east. So, we got...that is just jacked up. That being said, a week ago we had a meeting and we spoke to Mr. Bazzi, several of us after the meeting and he stated that... we told him that we didn't want it and he said he would be willing to eliminate the pool like you said, the clubhouse, what the heck else ... what eIse ... just the increased traffic on our street. It is a residential street. We got a lot of kids. My property value is going to go down, that is pretty much what I got to say. Mr. Wilshaw: Thank you, Mr. Haftey. We appreciate that. Anyone else wishing to come forward? Good evening, sir. 'John Dmytro, 15410 Foch, Livonia, MI. Just to start, I am 100% against this proposal. I don't think there is a single person that I have talked to in the area that is for it. I mean I am realistic in the manner to where I understand where anybody owning a piece of property ought to have the rights to make income on it and not just have it sit and pay taxes on it that is not earning them an income. I also feel that it is not fair to the residents when they purchase a home, they take into factor the surrounding area as part of the biggest decisions as to why they would want to live there and particularly in my scenario when I walk out to one of the biggest selling pieces to me is when I look out my back window of my bedroom and I am about 10-15 feet from my back fence which is that little square of woods, which is nice ... we get a lot of deer, we get turkey and lot of wild birds, you know, overall just wildlife that live in the woods. So, as you can imagine you know being presented with this situation to where you know suddenly you are going to go from quite the opposite of a serene setting of having all the wildlife behind you and woods to you know like I said, the opposite of that and having multi -story apartments including pools and clubhouses and you know I think it is a 48 additional parking spots. I think we can all agree or I am going to agree that 1 100% would not have bought that property if that was the case. Now again, I also take into the mind you know it is a business too. The City of Livonia will ultimately get more revenue from that property through more people paying taxes and so will the owner, so I am not naive to think that there is an opportunity for something to be done, but you know it is just a real crappy spot to do it. Like literally between two people's yards is just crazy to me. Like he said, there is obviously a lot of real estate in Detroit and other less admirable spots, but not so much just necessarily like the city, but even everywhere. It is like if you see a patch of woods, it is like January 11, 2022 30324 snap your fingers we just have to make sure we take it all down and put something up there just to get rid of any single shred of wildlife around us. It is honestly kind of sickening that they do that. Even more so it is not only that we are going to shred any little spot of woods we have left in the area, but we are going to put it right smack dab in the back between two people's backyards. I mean I think that is inappropriate place that you want to put something like that, especially with how dense this lot size is. Because of the lot size and the proposal at hand, it is absolutely necessary per their plans that these buildings and there is going to be a lot of traffic just a couple feet from our property lines based on the proposal. It isn't even like we got a big spot but we can put it more so in the middle or one direction away from other peoples yards. I will inevitably have a lot on engagement with the people that are going to be a part of that property right there, so I don't think anybody can sit here and say boy I wish instead of looking at this nice patch of woods and wildlife that I have, a multi -story and 48 parking spots and a pool and the whole nine -yards, literally just a couple feet from there property line. If I met somebody that said that, that would be really weird. Also, I ... the kind of people that live in apartments and I certainly don't want to paint with a broad brush, but I was one of those people. Statistically those are the younger generation who don't have the financial well-being to be a homeowner yet, or established or where they have a big enough family and things like that, and for a lack of better terms I used to be that person when I was younger living in apartments. I was a wild animal and so was 99% of the people living in these apartments and I can just tell you there was a lot of domestic disputes with a lot of other people. You see cops all the time and you see a lot of interactions with people that you wouldn't normally see at a normal quiet neighborhood like we have currently. Additionally, so again to go from wildlife being gone to now having upwards to 48 cars with 48 people assigned to those in a real small area and like someone mentioned and I didn't even think about this is that our road is a bus route and it doesn't even have any sidewalks to it, so any overflow and as much as we could agree that that parking could or couldn't be ample for that but when people have parties and get together's, whatever the case is, inevitably there is going to be overflow of cars that need to park somewhere. Where is that overflow going to go? It is going to go on our residential street, particulary obviously because I am literally the third house off the corner I have small children and we don't even have sidewalks, so whenever we are walking down the street you can imagine having people park there and it creates somewhat of a safety hazard by anywhere you can minimize that is ideal of course. January 11, 2022 30325 Mr. Wilshaw: Mr. Dmytro, would it be safe to assume that if you were given a choice you would prefer a single family residential or perhaps a condominium property there instead of the apartments? Is that what I am hearing from you? Mr. Dmytro: Yes. I would...) particularly don't like the aspect of being people like Joe mentioned of multi -story to where... most of our houses are one-story so they could look down especially being so close and literally looking at my window seeing people on their balcony or whatever the case is looking down directly into my yard. Even having a privacy fence won't alleviate that situation. Obviously, if there was any kind of development a privacy fence is going to be necessary. Pretty much required and having it multi -level is ... a privacy fence... there is nothing you can do essentially to have any kind of privacy in your back yard whatsoever. Again, I think I made my point clear I obviously...I am including everybody around me...I don't think it is appropriate to move forward with that and we really would like that retracted. Thank you. Mr. Wilshaw: Definitely. Thank you. We appreciate your comments. Anyone else wising to make any comments? Joanne Davis, 15852 Foch, Livonia, MI. I live there with my husband. He has been there between 25 and 30 years. I would like to ask a question. I think like we are on trial. Mr. Ventura, you brought to Mr. Long's attention the fact that the sign was supposed to be posted to let everyone driving down Five Mile know that there was a rezoning issue. Why was that not put into effect? Why was it not put into force? Mr. Wilshaw: I can answer the question for you Ms. Davis. That is a requirement that the petitioner has and when he has an opportunity to come back up here and speak, if he wants to address this in more detail he can, but I will say is that because of the fact that the sign was not posted, which is required, that is a factor that we are going to ... that comes into our decision - making process. So, needless to say, we are aware that it wasn't done, and it will be addressed because of that. As. Davis: Is it supposed to be done? Mr. Wilshaw: Yes, ma'am. As, Davis: So, it wasn't though? Or. Wilshaw: Correct. January 11, 2022 30326 S. Davis: So, the citizens that drive in Livonia have been denied the information necessary to their wellbeing. Mr. Wilshaw: It is one of two ways we try to notify citizens. Of course, the immediate residents receive a notification that is mailed to them. We also post this agenda is our newspaper and our internet and so one, so there is a public posting, but the sign itself is an important public notice to anyone that lives in the area or drives by that area that a rezoning is being planned for that site. That is why we have that sign requirement. Ms. Davis: I wish it would be put into place. I wish that everything would be halted and put on temporary hold until that requirement and others that I have heard have been fulfilled. That is we can do this or we can do that... no, that is our lives. Mr. Wilshaw: You are correct. Ms. Davis: That is our lives. If they were doing it in your neighborhood and you lived on our street, you would be here too. Mr. Wilshaw: Correct. That is one of the decisions that we can make tonight. We could table this item and put it on hold, or we could vote on it today. Ms. Davis: I hope in good conscience that you treat us as you do those that you love. Mr. Wilshaw: Definitely. Ms. Davis: Thank you. Mr. Wilshaw: Thank you, ma'am. Good evening, ma'am. Nicole Nowak, 15455 Green Lane, Livonia, MI. I wrote what I wanted to say because I didn't want to forget. I am sorry. I am going to be kind of reading it. Bear with me. Or. Wilshaw: That is fine. Ms. Nowak: First, I want to say I am against this plan. When I first got married to my husband, we lived in a condo and we lived apartments, we lived near mobile homes, and when we decided that we wanted to start a family, we wanted to move to a home. We wanted a neighborhood. We wanted a peaceful safe quiet space to raise our family. We love Livonia. We are so happy we found a home January 11, 2022 30327 here and with that home we found some safety, that sense of quiet, that sense of community. I really feel that this plan and adding this much density to the population that is already here between our houses, as everyone said, really... it takes away all those things that I love about Livonia. They mentioned the dumpsters, the noise, lights, traffic, the overflow of parking on our streets, that loss of privacy with those being taller than every other home that is there. I am just really feeling that I am losing my sense of safety, my sense of quiet, my sense of community, and my neighborhood. All these things that are important to me as I raise my family in the city. Just this past Monday morning, I have a two-year old daughter, and we were eating breakfast and we spent the entire time watching four deer play outside in the backyard. If this plan goes through as proposed and removing these woods, mornings like that are gone forever. That makes me really sad. Mr. Wilshaw: Thank you, Ms. Nowak. Appreciate your comments. Good evening, sir. Jason Nowak, 15455 Green Lane, Livonia, MI. I didn't write down my things so I will be a bit more rambling than my wife was. First off, Mr. Bazzi, I am sorry to hear about your father. I hope he does have a fast recovery and I am also very encouraged to hear you mentioned the topics we brought up with you the other day. I think, as my wife mentioned, one of our bigger points are those woods. Those woods are nice there. They do bring wildlife. It leaves a buffer zone. I think...I am opposed to it, but at the same time that you purchased that property, and I would like to work with you on building what could be amendable for all of us or what could work for all of us. I know the density of what you are proposing seems intense, the size, the scale. Just with it being over two -stories as we have all mentioned, the majority of our homes are one-story, so the idea of going over two stories does seem to impose a lot into our houses and into our yards and things like that. Just some ... to add on to what my wife was saying. Thank you. Mr. Wilshaw: Thank you, Mr. Nowak. Anyone else wishing to make comments? Please come forward. Mr. Czerwinski: I heard that who makes this final decision is City Council, right? Mr. Wilshaw: Correct, Mr, Czerwinski: Now, has it ever happened that outside contractors do contribute to Council members campaign funds? January 11, 2022 30328 Mr. Wilshaw: I can't speak to that, sir. I don't know. Mr. Czerwinski: I know it has happened in the past and I am afraid a donation from an outside contractor to a campaign could change their minds. Mr. Wilshaw: I understand that question. That is a question that you can ask them. Mr. Czerwinski: That's all I have to say. Mr. Wilshaw: Thank you. Good evening, sir. Kenneth Petty, 15331 Foch, Livonia, MI. Basically, the first house when you turn in. The big, tall one behind the beauty salon there. My wife and I are opposed to such a large building being put up. We do have three children. Two small children and one 18-year-old. Ourtwo- smalls do like to ride their bikes up to the gas station and we do have a nice view to watch them make the trip and back. So, I know that may go away regardless of if a smaller building goes in or anything like that nature, but the idea of a large development coming in increases to us the threat that there is a lot more unknown variables coming into the community that a smaller development could possibly diminish. You are introducing so many more families, so much more influx of tenancy who don't really have that permanence that our community carries with it. We also feel that it could possible, depending on the scale of this, I couldn't exactly hear how many units or how many families are anticipated in the units, so 12 units. What influx would that be to the educational system and the community with tenancy? I wouldn't expect them to have the same values to reinforce community and equity into the community. I apologize. I got a little off track. From our experience, we came from Redford Township about four years ago, and in that time, renting was just skyrocketing.in the neighborhood. We were one of the few actual homeowners left in the community and we had joined the parent club in the neighborhood because we wanted to contribute. In that environment you see such a small parent participation because they don't have the equity in the community. They aren't investing their additional time or maybe they don't have the time to invest in their student's afterschool activities and school endeavors. I wouldn't want a huge influx of extra kids saturating the educational experience for children. So, that is something that kind of concerns me, because they would all be in our school district and in our schools that our students attend. On top of that, just like everybody has been saying, there is this fear of reduced property values. We have been working very hard on maintaining January 11, 2022 30329 our home and building equity in our home. We have plans to let our neighbors build on to our existing property and increase our equity. We feel that something like this of this nature would diminish that as well as property taxes because you are reducing the values of the homes in the area around this large development. So, that being said, if we could... oh, and on top of that, we do have a large, as everyone has been stating, a large amount of water comes in our area. It feeds into the local river there and everything drains through that back area. If that is not available for water to soak into, it is going to go into everyone eIse's yards, possibly more into our yard. We already have heavy saturation from the heavy rain that gets into our garage. We wouldn't want more coming back into our property. If we can prevent that. That being said we could negotiate on something smaller. Single-family homes, small condos, less parking spaces, more natural scenery, more of what community is built around. I think that would be a much more reasonable request and I think that would be a much easier impact for us to absorb, as well as our school system and the transportation involved with that and all the possible traffic that could come with such a big facility. Mr. Wilshaw: Excellent. Thank you, Mr. Petty. Appreciate your comments. There is one lady coming forward. Good evening, ma'am. Alex Cleveland, 15433 Green Lane, Livonia, MI. In fact, I have been in the neighborhood so long I know all the original owners of these homeowners. I am just going to repeat a lot of what everybody has said that I am concerned about. Basically, two streets of single-family homes. Our backyards back up to each other, but we have that wooded area between us. There is that empty land that is closer to Five Mile that doesn't really impose on us. Again, the flooding is bad on Foch, but it is even worse on Green Lane. I could show you pictures of it. It isn't just after a rain; it is like right now. I can't walk into my backyard without wearing boots. We are concerned about the dumpsters, the two -stories, we are all single -story families. Parking along our fences, which is what the proposal shows. I raised my children in this home and in this backyard and I can't imagine them playing and having cars parking and the parking would go this way facing our fence. I just...I think that the one thing that I want to impart on you is that whatever decision you make, you will be able to go home to your home and we will have to live with the consequences forever, however long you live there. So, it will change our lives and our home. Having grown up in Livonia, a mile away from where I live now... my older son lives in the house that I grew up in. It has always been Livonia is a safe, quiet, wonderful place to raise your January 11, 2022 30330 kids, because my son has a great education here. It has been wonderful, but things will change, and they won't change for the better for us. Just keep that in mind and good luck. Mr. Wilshaw: an you, Ms. Cleveland. One more gentleman coming forward here. Good evening, sir. Jeff Douglass, 15445 Green Lane, Livonia, MI. Hello. Hopefully the last, I know. We are kind of regurgitating all the same things. I did want to start off with it will be a negative impact on our property value. It's the biggest reason why I am against this. I moved into my house with my wife six years ago. A forever resident of Westland, but I have grown up in Livonia school system. All my friends lived in Livonia. I have been part of the community my entire life, so going on 34 years. Livonia has always been a safe place. That is one of the reasons my wife and I decided when we purchased our house that we wanted to start a family. We went through numerous houses, and we finally found something that we felt was going to give us that opportunity to create a life, create a family, and grow within a residence. So, a decrease in our property value is going to monetarily impact us. The next thing is the backflow of water and the retention of water in our yards. So, I spent close to $15,000 trying to solve the standing water in my back yard. At one point we had tens of thousands of tadpoles that just came bred in our yard. I was driving over them in the morning when I backed out of my garage and I was driving over them at night when I pulled my car into my garage, not to mention the amount noise that the tadpoles make is astounding. All night they are going. It is worse than crickets. So, I have spent over $15,000 and I have spent countless hours of my own time trying to solve and fix this problem. The problem still hasn't been fixed. I actually had contractors that will not take on my job quoting me upwards of $30,000 to solve this water issue. They cannot guarantee a solve. When I originally started this endeavor, I contacted the city about the water issue. One of the things that I was told is hey you know what, it sucks you are kind of screwed and your stuck with it unless you want to put in all the time, energy and money into getting it resolved. Part of this is because when the subdivision was designed back in the 50's and 60's, there was a natural easement for both the people on Foch and the people on Green Lane in the back of our lots, so that would be for me the west end of my property line. That, the natural easement, flows south towards Five Mile and that is where the water is supposed to exit. That is where it is supposed to be picked up in the storm drain. However, due to a change in topography over time, and this was a sub that the city had informed me that it really isn't their fault, it really isn't anybody else's fault, it is just how it is. It is January 11, 2022 30331 geography. It is topography. Over time my house has become one of the lowest points in all of the neighbors surrounding me. Currently, my neighbor that was just up here, she has a bunch of ice in her backyard. I have over eight inches of ice frozen in the backyard. Ice will not melt and not dry and absorb into the ground until close to 4ch of July. Historically that is just how it has always been. Walking... we walk numerous times throughout the week. We look into the neighbor's backyard and there is constantly water in the back of all of our properties. This is going to be something ... and again, from a monetary standpoint, will impact us. If they are going to do any sort of construction, that is not going to address the issue with where my water should flow going south towards that property being developed. Again, not necessarily because this changes topography over time and you know it could have been poor city planning, something that the engineers didn't know about then. However, this will cause a backflow of water, even more water to accumulate in my backyard. That is also a health risk. The amount of stench, the amount of mosquitos, the amount of bacteria, the amount of viruses that grow within that standing water, that stagnant standing water, creates a health issue for myself, my neighbors, and the animals around. We have a lot of squirrels, a lot of deer. We even have groundhogs that come into our water drinking the water. So, that is an issue of health as well. Another thing that we can look at as an issue of health is with the increased units coming in, waste disposal. So, we already have an issue with rats and mice that come into our yard. I have rats that try to get into my garage. I have to keep my garage closed at all times because the colder weather comes, and the rats start looking for warm places. Bringing these units in is going to increase that amount of rodent infestation, both rats and mice, to the area. Another thing to consider is the safety. Whether it is apartments, whether it is condos, unless these people coming in area going to be purchasing and being a stake of their own into whatever is being developed, these people will not have a stake like the rest of the property owners surrounding the development will have. I take pride in my property. My neighbors commend me on how I keep my property up. The way that I keep my property us brings me business as a small business owner by people looking at my property and saying hey, I want you to do work for me. These people coming in will not have that same stake. They will not keep up with the area around them like a property owner or like us that live in the area and have created the community around that area will. Another thing to look at from a safety standpoint is when you are bringing in these people that don't have any stake, they don't care as much. You get that riff raff. I don't want to stereotype any sort of demographics that will come in, so I will January 11, 2022 30332 say again, that these people who do not have a stake like we do. They will bring in riff raff. Statistically speaking, crime will increase and two of my good friends are police officers. They reside in the City of Livonia as well. An exit for a criminal is going to be a dark place that they cannot be easily followed by a vehicle. What does that look like? That looks like our backyards. So, whether it is broad daylight, whether it is the middle of the night, we have that increased risk that somebody is going to be running through our back yards trying to evade police because of some crime that has been committed because it is the easiest getaway. From a safety standpoint, as well, I have two young children. I have a one -year -old and a three-year old. I also, in addition to the money that I spent and the time I spent trying to fix the water in my backyard, I also spent about $1000 in privacy bushes so that people wouldn't be able to see my son or daughter playing around in their bathing sui in the summer as they are coming up the street because it is exposed from the street to see into my backyard. Therefore, I put privacy bushes up to eliminate that coming from the streets, so that my kids, my wife would feel more secure, more safe at home. That will be eliminated by bringing in eventually multi -story units that we will lose the privacy. Now, my wife isn't going to feel comfortable taking my son and daughter out to play in a splashpad in the back of our yard during the summer months because we are going to have people getting in and out of our cars not even 100 feet away. Away from the loss of privacy, another thing we can look at is why we got into this neighborhood. We got into this neighborhood because I look out my back window and I don't feel like I am in the middle of the city. I feel like I am in real nice rural area. My neighbors have large properties that I don't feel that I am on top of their house. I look out and see deer. My daughter and my son jump up and down. Deer daddy, deer. We walk out there and there is a 12-point buck in our backyard that we were able to stand 15-fee away from. We feed them. We have squirrels that come up and we feed them peanuts on a daily basis. We have a vast amount of birds that come into the area. You know this is something that you can look at as a potential safety issue, because the next place for them to run to is Five Mile. However, the herd of deer go from the southern most part of the properties between Green Lane and Foch where the tree line is going up to where the property developed ends and the deer migrate north to the creek. This is something that hey if we don't want to misplace animals, then we need to at least keep the tree line in their because this is where they have been most nights. We watch them at night, and we watch them when we wake up in the morning. The ambience of why we moved in is a big reason. That is why we wanted to move there. I go out at night and other than a couple of lights on the January 11, 2022 30333 back of my neighbor's houses, I don't see anything other than stars. We don't have streetlights on either side of our streets, so again with the development coming in, that would bring in light and noise and is going to disrupt the ambience. Again, if I were to sell, that is going to deter future buyers because of people not wanting to be next to a large development like that. Then lastly, you know we cannot just assume that the property doesn't have the same rate as we do as property owners we developed. We are just asking for some compromise. This is ... and you can see that we have a strong community presence about how we feel about the area we live in. We have a lot of legacy. We have a lot of new coming in here to start families. That was why I moved in with my wife. Looking that going forward with the development, we would be open to something that would be single -story, something that offered its tenants opportunities at permanent residency, so then that would incorporate their stake into the area around them. Helping rebuild the community morale. If this does get developed. Then keeping the area of trees as a buffer zone. So, that way we night not get as impacted. Me personally, where my property is located. I can't speak for the others south of me because they won't have that buffer of trees. So, in lieu of that, if something is developed, perhaps a hedge or berm. Something that brings privacy. Then more than anything, the issue of water. So, if something is developed there, the issue of water needs to come into play so that it will positively impact all the residents that are north of the property. Mr. Wilshaw: Just so you are aware, Mr. Douglass, because you did address the issue of water and the fact that this was an area that was developed quite a long time ago, and you are correct in that the standards have changed in terms of water management. There is ... the County requires much more engineering and work put into water management when properties are developed than they ever have in the past. This development, if it is developed in any way, whether it is one-story single-family homes or apartments or condominiums, or whatever is proposed, water management making sure the water on that property stays on that property is controlled into the sewer system will definitely be a part of the process through the engineering. That will be addressed. Just to give you at least some comfort. That is not going to be forgotten about. Or. Douglass: Okay. Or. Wilshaw: Because that is very important to you, obviously, and it is to us. January 11, 2022 30334 Mr. Douglass: More than anything because I have almost a quarter of an acre of property, and I can't use majority of that backyard until the middle of summer. Mr. Wilshaw: It seem counterintuitive sometimes when you have an open piece of property like this, that when you develop on it that a lot of people think that the water is just going to shed away from there and go into everyone else's property. The reality is that when you have an open field, there is no water management in that field right now, other than it is soaking into the ground. If you have heavy clay the water is just going to shed to the neighboring properties. When you do develop it, at least the elements such as roofs, and downspouts and eaves troughs and catch basins and all of those things are put into the development to control that water and direct it into the sewer system. It actually often improves the water quality or the water drainage in that area. Mr. Douglass: I can understand that. It is from my perspective and from the education that I have been able to gain over the past six years of dealing with this issue is that the property that is set to be developed does sit higher topographically than my property. So, from a topographical standpoint, we would have to do something that would bring in a drain across the back of our properties extending further north than the development. You know? The lines or the borders sit... Mr. Wilshaw: That is all factored in when it is engineered. Just so you know, it isn't something that we are going to... it will be dealt with at some point. When this property is developed. We appreciate your comments, Mr. Douglass. Good evening, sir. Paul Dewyse, 15491 Foch, Livonia, Mil. I just wanted to bring up one...l agree with everything everyone is saying here, but one thing for me ... my house sits on two lots on Foch Street, so we have just under an acre and what it seems like to me is what we are trying to do here is put so much stuff into one small area. If you drive by that area, I can't imagine that many parking spots and two big buildings and a pool, and a clubhouse. That would be like putting it all in my backyard. I just can't believe it. It is like taking a 1,000 square foot house and putting six bedrooms in it. To me. That is what it seems like. My recommendation is to try find a way to put a few houses in there or some low condos or something, again where people have owner stake because we all know...I like John, lived in apartments when I was young and crazy at one point and stuff happens. Apartments bring in transient people. I don't care what you say, that is what happens. That is what we will have in our neighborhood. I have been there over 20 years January 11, 2022 30335 and raised three daughters in a great, quiet, very nice neighborhood. I think we are being invaded on. That's it. Mr. Wilshaw: Thank you, Mr. Dewyse. (inaudible from audience) (Unknown person) The lady brought up about the sign ... there is supposed to be a sign on the property for the proposal for the rezoning? Mr. Wilshaw: Correct. (Unknown person) Was the owner of the property notified that this sign was supposed to be up? Mr. Wilshaw: We are going to talk about that in just a little bit with the property owner. (Unknown person) Oh, because my assumption and I don't know if this is true. That is why I asked that question. If he was notified that he was supposed to put up the sign and he still hasn't taken action to do that, I think that is just the very minimal of an ask from the City Council and due diligence and a sign of respect at a bare minimum to the residents in that neighborhood. If he can't even do something like that, I think that is very telling of the character that we are dealing with. Something as simple as that to try pull teeth to get done let alone conversations ever had that he is willing to work with and to be flexible with things. Anybody can say anything they want, but once they get approval to do something, all those good intentions can go, obviously, right out the window. Mr. Wilshaw: I understand. That is something that I believe was a misunderstanding. We will get that cleared up. Thank you very much. There is one more gentleman wishing to speak, so we will give him the last word here. Steven Bernardy, 15809 Foch, Livonia, MI. I raised my son there. It was a nice neighborhood to raise my son. You walk up and down these streets, walking your dog...I walk my dogs up and down these streets and it is a quiet neighborhood. My neighbors are my friends. I have helped my neighbors with all kinds of projects over the years. They have helped me with my projects. I put probably upwards of $100,000 into my property since I moved in into home improvements. I spent probably, in the last three years, $12,000 in fencing. The one thing in that neighborhood has in common is that they are homeowners. I think a gentleman a few minutes January 11, 2022 30336 ago talk about the stake we all have in that neighborhood. We do. The difference with this proposal is that you are going to have transients coming in and out of there. Here today, gone tomorrow who don't have a stake in that neighborhood. I personally couldn't care less who lives next door to me in any way, but I would like to feel that they were ... they had ownership in the neighborhood and that they cared about what is going on. By nature, people who are coming in temporarily do not have that kind of concern about the neighborhood. Now just in this last year, we have had... there is a commercial building at the end of the street at Five and Foch. It was a real estate office. They moved out and I know what is coming in. It is going to be a gun shop. That is not something that I am crazy about either, but I don't it to keep going down the slide from there and you know whether whatever is developed on that land is one -family housing or even professional office like a dentist, or maybe a law office, something like that, that would be fine. I have no problem with that. What is proposed here, is not in keeping with what has been there for years. It is going to affect every homeowner in that area. I know you guys are probably all Livonia residents? Mr. Wilshaw: Yes. Mr. Bernardy: I don't know where you live but if you weren't sitting up there and you lived in our neighborhood, I would imagine you would be sitting out here right now. Voicing the same concerns that we are. I hope you keep that in mind when you make your decision. Mr. Wilshaw: Thank you. Mr. Bazzi, did you want to come back up? We always like to give the petitioner an opportunity to address any concerns that were heard. Again, we are not going to get into a back -and - forth debate, but if there is any particular comments you wanted to address or anything else you would like to say to us, you can do that. Please speak to us though. Mr. Bazzi: I want to say I understand and appreciate all of your concerns. Everybody's concerns. I wouldn't want nobody coming into my neighborhood and just invading and doing what they want. I would want it to stay a safe neighborhood. I think we have a little bit of a misunderstanding. The only reason we are changing from NMI to NM2 is because we are trying to put a garage... these are 1,800 square foot condominiums. They range anywhere from $250,000 to $350,000. They are owned. They are not apartments. The only reason we are changing it from NMI to NM2 is so we can have an extra'/2 story. NMI is only allowed two stories. We are not going to own these condominiums. They are going to be owned by people. We don't want to keep any of January 11, 2022 30337 the real estate. In regard to the dumpsters and whatnot, we will make sure that it is under control. The forest in the back ... I understand what you guys are saying. I would want it to stay the same way. We are more than willing to clean it up and keep it the same way, but we just want to clean it up. It doesn't look good the way it is. The water...I have nothing... that is not in my control. That is in the city's control. Like I said, I would love to accommodate to anything and everything they want because it is where they live. I am willing to accommodate to how they are living to keep it that way. Anything that is in my hands, I am willing to do. In regard to the water, that condition, I have nothing to do with that. These are condominiums. These are 1,800 square foo condominiums. They are not apartments. Every condo is separate. They are connecting. There are six condos connected and six condos connected. There is 12 units. In regard to the parking, whatever the city says... how many parking spots we need... if they say 36 then I would be more than happy to put the rest as landscaping and make it look nice. That is how much property we have. We wanted to fill out the property. That is all I have to say and I appreciate everyone's comments. Mr. Wilshaw: Mr. Bazzi, stay up here in case there are any additional questions from any of our commissioners. I do appreciate you clarifying the use of apartments versus condominiums. That is something that even in our notes has been somewhat unclear as to what the intent was. That is helpful, not only to us, but to the residents. Is there any questions from any of our commissioners for our petitioner? Mr. Long: Mr. Bazzi... (inaudible from audience) Mr. Wilshaw: Sir, this is all going to be put into a record. It is a public record. Everything being said tonight is being... is going to be written down and will passed along to City Council based on whatever decision is being made. It is in writing. Mr. Long: Thank you. I know Mr. Ventura brought this up earlier, but I need to understand. The renderings of what we are looking at show three distinct floor plans, which would indicate three stories. You keep saying two and a half stories. So, explain to me how far down ... that is the front side and the garage would accessible from the back side. How far down are you digging into the ground? January 11, 2022 30338 Or. Bazzi: I wouldn't know. My architect would have to tell you exactly now that would go. I am not familiar with how far down and how far up...I do know you pull up to this a building... you pull up from the back. You go into your condo and you go three steps up and you are in your living room and you go three steps up and you are in your dining room, kitchen, and bedrooms. It is two -stories, but it is two and a half stories, I am sorry. The only reason we changed it from a NMI to an NM2 is NMI allows only two stories. That is the only reason we are rezoning into an NM2 and each condo will be worth anywhere from $250, 000 to $350,000, so in regard to your house and the value of the house I don't that it should be... Mr. Long: Mr. Bazzi, let me cut you off because I understand that and I applaud you for making that point that it is a condominium and I think that is important. I know you have been put into a spot where you are kind of pitch hitting, however, that is kind of important information that I need. Without the ability to answer my questions and... it is...I can't support something that doesn't... that I can't understand. So, that is fine. Mr. Chairman, I will yield my time. Thank you. Mr. Wilshaw: Thank you, Mr. Long. Again, just to note for everyone's benefit, we are looking at the zoning of the property tonight. The stie plan has been presented and these renderings and such are something that would be discussed and addressed and a very detailed process which would happen after the zoning would take place. It is not to say that this is going to be the final product or what exactly is going to be on this site. Any other questions from any of our commissioners for our petitioner? If not... Mr. Bazzi: I would like to say one more thing. Mr. Wilshaw: Go ahead, Mr. Bazzi. Mr. Bazzi: Regarding the sign...) have done this twice before in other cities. I paid the fee and in other cities they put up the sign. I found out today from the...I got a call and an email today that the sign was not put up. I called the architect I told him were we supposed to put up the sign and he is like I thought the city was supposed to. It was a full misunderstanding. If I knew we were supposed to put up the sign, that would have been put up. I think it is 15 days before the meeting right? Mr. Wilshaw: Correct. Mr. Bazzi: I would have done that. I was not notified that we were responsible for the sign. January 11, 2022 30339 Mr. Wilshaw: Right, so it was a misunderstanding as to whose role it was to do that. Thank you, sir. Mr. Caramagno: Mr. Bazzi, you said you did two other projects? Mr. Bazzi: Yes. Mr. Caramagno: Tell me where they are at. Mr. Bazzi: One is in Dearborn. Mr. Caramagno: Give me the address. Mr. Bazzi: 7430 Greenfield, Dearborn and the other project we are working on is 2011 Evangeline. Mr. Caramagno: Evangeline? Mr. Bazzi: Yes. Dearborn Heights 48127 Mr. Caramagno: The first one is in Dearborn and the second one is in Dearborn Heights? Mr. Bazzi: 2011 Evangeline. It is a house actually that we are demoing and putting three houses on three parcels. Mr. Caramagno: Mr. Bazzi, the first one is in Dearborn, the second one is in Dearborn Heights? Mr. Bazzi: Yes Mr. Caramagno: Thank you. Mr. Bazzi: Thank you. Mr. Wilshaw: Thank you, Mr. Caramagno. If there are no more questions for our petitioner, we will close the public hearing at this time and a motion would be in order. On a motion by Caramagno, seconded by Ventura, and unanimously adopted, it was #01-01-2022 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on January 11, 2022, on Petition 2021-10-01-07 submitted by Kassem Bazzi, pursuant to Sections 13.13 and 13.15 of the Livonia Vision 21 Zoning January 11, 2022 30340 Ordinance, requesting to rezone the property at 27480 Five Mile Road, located on the north side of Five Mile Road between Inkster Road and Foch Avenue in the Southeast'/4 of Section 13, from NMI, Neighborhood Multifamily to NM2, Neighborhood Multifamily — Maximum 4 Stories, the Planning Commission does hereby deny Petition 2021-10-01-07 for the following reasons: 1. That the Petitioner has failed to affirmatively show that the proposed change of zoning to NM2, Multifamily Residential and the intended design and layout of the development as presented to the Planning Commission would be compatible to and in harmony with the surrounding residential neighborhoods. 2. That the plan to construct two (2) three-story apartment buildings that exceed the maximum usable floor area as a percentage of lot area is contrary to the goals and objectives of the Zoning Ordinance which seeks to create multifamily housing projects that are compatible with nearby single- family development in terms of height, bulk and density. 3. That the proposed change of zoning is not needed to develop the property. 4. That the proposed change of zoning is inconsistent with the established pattern of development in the surrounding area and would adversely alter the character of the neighborhood, and 5. That the proposed zoning and use is contrary to the purposes, goals and objectives of the Zoning Ordinance, which seek to ensure compatibility and appropriateness of uses so as to enhance property values and to create and promote a more favorable environment for neighborhood use and enjoyment. 6. That the petitioner has failed to erect a sign on the property pursuant to Section 13.15(6) of the Livonia Vision 21 Zoning Ordinance informing the public of the proposed amendment to the Zoning Map, 7. That any future proposal to rezone this property first requires a recommendation by the Planning Commission after holding a public hearing pursuant to Section 13.15. January 11, 2022 30341 FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 of Livonia Vision 21 Zoning Ordinance. Mr. Wllshaw: 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 2021-11-02-23 R & E Landscaping Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021- 11-02-23 submitted by R & E Landscaping and Construction, L.L.C. requesting waiver use approval pursuant to Section 6.58 of the Livonia Vision 21 Zoning Ordinance to operate a special trade contractors' yard at 34422 Rosati Avenue, located on the west side of Stark Road just south of the CSX Railroad in the Southwest /4 of Section 28. Mr. Miller: The subject site is Lot 12 of the Rosati Industrial Park Subdivision. The site is zoned M-1. Existing on the property at this time is a 5,800 square foot building. They have parking along the west side of the building. Behind the building is a 40 foot wide asphalt paved area. One of the special requirements of a special trade contractors yard is that, except for the front yard, the entire lot should be fenced in. The petitioner is proposing to fence in the parking lot and the paved area behind it with a six-foot high chain link fence. The petitioner is proposing to store materials related to the petitioners building construction projects. Mr. Wilshaw: Is there correspondence for this item? Mr. Miller: Yes. The first item is from the Engineering Division, dated November 30, 2021, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed waiver use at this time. The subject parcel is assigned the address of #34422 Rosati Avenue. The existing parcel currently has access to public water main, sanitary sewer and storm sewer within the Rosati Avenue right-of-way. The developer will need to meet current Engineering requirements for the proposed project, including storm water detention per the latest version of the Wayne County Storm Water Ordinance. It should be noted that the parcel is within an area being investigated for soil and groundwater contamination. As a result, the developer may be required to provide special provisions under the slab of the new January 11, 2022 30342 structure to protect against vapor intrusion or groundwater interface. Final requirements will not be known until the investigation has been completed, but until that time the developer may want to contact the Michigan Department of Environment, Great Lakes, and Energy (EGLE) for more details." 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 6, 2021, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a commercial building on property located at the above referenced address. We have no objections to this proposal with the following stipulations: Owner must provide a Knox Box" (fire dept key box) for fire department after -hour access to the building. Additionally, a key must be provided (in the "Knox Box') for access to all fenced in areas as well." The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated November 22, 2021, which reads as follows: '7 have reviewed the plans in connection with the petition. / 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 January 3, 2022, which reads as follows: "Pursuant to your request, the above - referenced petition has been reviewed. This Department has no objections to this petition. " The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Finance Department, dated November 22, 2021, 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, / 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 3, 2021, 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 taxes are due, but not delinquent, therefore l 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 for the planning staff? If not, our petitioner...excuse me, Mr. Ventura. Or. Ventura: Mr. Miller, is this awaiver-use? Or. Miller: Yes, outside storage or special contractor's yard to store outside. Or. Ventura: So, this is a waiver -use? January 11, 2022 30343 Mr. Miller: Yes, Mr. Ventura: Thank you. Or. Wilshaw: Thank you, Mr. Ventura. Mr. Long? Mr. Long: Given that items two and three are basically the same thing, are we able to consolidate them ... take them together? Or. Wilshaw: We are going to certainly have a much briefer presentation on the second, excuse me, third agenda item, but they are two different properties so we will have to have two separate votes. Or. Long: I understand. Thank you. Or. Wilshaw: Thank you. They are very similar, so it is not uncommon that some of this discussion will bleed over on both of these. Any other questions or comments? If not, our petitioner is here in the audience. If you could start with your name and address for our records. Ron Emling, 34422 Rosati Ave., Livonia, MI, 48150. At this time it is pretty cut and dry. We are just asking for a waiver to store outside building materials while we ... I own the development, so I am the developer. I bought it from Mr. Rosati about a year ago, so as we build, and I explained this last week in the other meeting on Tuesday, that we have excess materials. When you buy to do a home or multiple homes, you buy in bulk. When you go to Costco you buy in bulk, so we buy our materials in bulk so there is some leftover until the next build gets started. Lot 2 that we are getting ready to start on, we have left over materials getting ready to start Lot 2. It is going to be the same size building and I was going to suggest that if the board wasn't real fond of requesting the waiver for Lot 12, where we are currently working out of, that we are more desirable to get Lot 2 approved because Lot12 we believe has been sold. Instead of burdening the city with that particular situation and putting in the finances to put the fence up and gate it and the Knox box for the Fire Department and all this other stuff, that will let the new tenant deal with that and cross those roads if it is sold and he wants to do that. We would be leaning more today toward getting the approval for Lot 2 for the fenced in yard. We were going to go and get a temporary construction easement on Lot 10 and store our equipment there, but for now to kind of avoid a bunch of extra red tape and going through the city and us putting up the fence and moving out for six months knowing when the next building is up ... our goal is to build the buildings... unfortunately I am not blessed with millions of dollars January 11, 2022 30344 for finance, so we are going to build one and get it on the market, sell it and then move to the next building, get it on the market and sell it and keep playing leapfrog until the building and the development is completed. In the meantime, Lot 2 is going to be more of our ... we are going to stay more permanent there and we are going to need the outdoor storage more there than Lot 12 at this time. Mr. Wilshaw: Now, just for the commissioner's benefit, our map that we have for this site has addresses on it. It doesn't have lot numbers on it. Can you tell me what address you are looking or you are saying you would prefer to keep this material on? Mr. Emling: Right now we are using Lot 10. I don't have that address in my head. I'm sorry, I wasn't prepared for that question. Lot 10...1 am in Lot 12, two lots to the west of Lot 12 is Lot 10. It is a vacant lot. We are staging our equipment thereat this point. Our high lifts and different outdoor equipment. Our scaffolding and different things. Our block, pallets of block ... the only reason we are asking for the indoor or the waiver for the fencing is because we have fencing and piping and gates and stuff we store that we don't want out there in the open. Someone can drive up when no one is around and walk off with them and the pipes are very expensive. As you know, metal is through the roof. So, we are trying to keep our eyes and keep it close to our work area and then the soft materials, like ceiling tiles, we store inside the buildings. Mr. Wilshaw: Okay. One second, Mr. Emling. Mr. Long, did you have... Mr. Long: Mr. Chairman and Mr. Miller, if you put the page on after the resolutions in the packet, that does have a map with various lots so we can see what we are talking about here. Mr. Wilshaw: What page in our packet? Mr. Long: Page 59. Or. Miller: I don't have that in my slideshow. Or. Long: You did when you... right there...go back. Or. Miller: You mean right here? Or. Long: Right there. Your map is different than I have in my packet. Or. Wilshaw: I think it is the next proposal that has that... January 11, 2022 30345 Mr. Long: Am I in the... Mr. Wilshaw: You strayed into the next one. Mr. Long: I am in item three, correct. Mr. Miller: I think the address is the 34413. Mr. Emling: There you go. That's it. Mr. Wilshaw: Okay, so 34413 is Lot 2 and 34422 is Lot 12. Mr. Emling: That is correct. Mr. Wilshaw: We are looking currently on the map that is on Mr. Miller's screen that says Lot 12. You are saying that you would prefer to keep your items, if it is going to be on a single lot, on Lot 2, which is the next petition that we have. Mr. Emling: Yeah, I guess what I am saying is I am sure we qualify for outdoor storage for both lots. If we wanted to and we come to an agreement that we would waive the one on Lot 12 because I am quite certain that the building is sold and we are going to start focusing all of our efforts on Lot 2, that if I want to start spending money on fencing and block and stuff and trying to secure stuff, I would rather focus the efforts on Lot 12, especially at this time of year. I can't put posts in the ground for any new fence and couldn't do it until spring we will be moving out of there in the spring, so this whole thing is kind of a moot point. There is no point in pressing it when I don't think... and when we move out then the city is going to be burdened with who is moving in and what are they going to store outside. See? I don't to put that on the city either, because we don't know what they are going to do once it is fenced in and they are allowed to store stuff outside. So, I say leave it clear and open Lot 12. Let's focus on Lot 2 and I hate to say that I am kind of wasting your time right now with this issue, that is why I am trying to streamline... get past it and see if we could just put Lot 12 aside and kind of void it out, if you will. We will focus on Lot 2 and get the waiver for Lot 2 and that might be the best way to go. Or. Wilshaw: Understood, Like I said, these two petitions are very similar. The discussion is obviously going to cross over to both of them. For the benefit of the commissioners that were not at the study meeting,...I think also, probably to reiterate what you are saying, Mr. Emling, is that one of the concerns raised at our study January 11, 2022 30346 meeting was you are essentially looking to leapfrog this construction material from property to property as you develop. The concern that we have is that, in doing so, that runs with the land and stays with that property. Once you move out with your construction activity and a tenant moves in, each tenant at each of these sites would have the ability to have full construction or outdoor trade contractor's yard with whatever material they choose to put in and that is a concern we have. Mr. Emling: Sure. I understand. Mr. Wilshaw: So, if we can get you to narrow it down to one lot it would be more preferable. Mr. Emling: If you...l think you picked up part of what I was saying...that we were going to leapfrog and in the continuance of that sentence I said, just shortly ago, that we are going to be hanging in on Lot 2. That is what we are going to focus on in staying for the duration of the... Mr. Wilshaw: Keep it there...okay. Mr. Emling: Yes. That is going to kind of be where we are going to home base everything there. We want it off the tracks. I want to secure the area for our small outdoor equipment and then we are going to stay on 2 and then focus on doing the buildings. Some of the lots have been sold since our last meeting, so things are moving around and things are changing every day. If someone comes up and offers us money to buy the rest of the lots, they will be sold and I will be selling there and moving on to the next project. Mr. Wilshaw: Understood. Mr. Emling: While we are there we want to make sure that I don't do just what you just said and put up a fence, I fight for it, I get it, and then I move out of there and we don't know who is moving in there and what they are going to put in there, so I don't want to put that on the city. Mr. Wilshaw: Exactly. Good. Let's see if there are any questions from any of our commissioners and see what we can do for you? Mr. Ventura: Mr. Chairman, to your comment, I recall that when we approved the Excellerated Towing and Recovery site, which is right at the western extreme end and this development we made it really clear that there would be no outside storage and they agreed. So, I am reluctant to approve any outside storage in this location, January 11, 2022 30347 but I understand what Mr. Emling is saying. Is there a way to limit the time he can do this or the duration of the construction of this park? Not make it transferrable where he can sell the building and to limit it to him only? If he sold the building, that the next owner would then come forward if they wanted to have outside storage and get it reapproved, are those things possible? Mr. WIIShaw: That question did come up at the study meeting and Mr. Miller can correct me if I am wrong, but my understanding is that this is a waiver -use and waiver -uses run with the property, not the petitioner, so we wouldn't be able to condition it for this user only. Is that correct, Mr. Miller? Mr. Miller: I think that is correct. I mean unless he agrees to it. I am trying to remember if we have ever done that before. If he agrees and part of the condition is ... that is kind of a Law Department question, but that would be putting a condition on the waiver -use which ... I don't know. I would think he would have to agree to that. Mr. Emling: Can I speak for just a moment? Mr. Wilshaw: Just one moment, Mr. Emling. Mr. Ventura? Mr. Miller: With massage parlors, we have always said that if they move out that the Council has to approve the new owner. Mr. Ventura: That has been my experience and I thought why not something similar here. Mr. Miller: But, the outside storage...you are giving them the outside storage...I don't know. Mr. Ventura: I understand. I guess, Mr. Chairman, I look to the petitioner to say... is this okay with you? We are trying to solve your problem here for you. Mr. Emling: When I spoke earlier and I started here and we go to what we have to do anyway is that I just go notice of it today via email from the Engineering Department, we have to go and get a temporary construction easement. That is something kind of like what you are speaking of. That is going to be for the use of Lot 10, just to use it as a construction easement at this point and Lot 10, the Excellerated Towing ... we are building that building as well, and I thought I heard you say and I could be wrong, that there was no outside storage allowed at Excellerated Towing, but he allowed to park his vehicles there, right? January 11, 2022 30348 Mr. Ventura: No. Not outside storage at all. Mr. Emling: How do you run a tow yard without outside storage? Mr. Ventura: No outside storage of vehicles there. I was specific. Mr. Emling: I missed that. At the meeting... how is he going I a tow yard or a tow company? Mr. Ventura: He only brings...he rarely brings a vehicle there. Vehicles go from where he picks them up to another location. Mr. Wilshaw: He doesn't use it as an impound yard or anything like that. Mr. Emling: I will have to be sure he is aware of that because I understood something completely different. That he was approved and we have got excavating everything (inaudible) Mr. Ventura: He is not approved for outside storage. Mr. Emling: Okay, then we will have to get him back and let him know, because from my understanding that it was all approved, but that is a whole other subject, so let's stay focused here. The temporary construction easement is where we will be doing our staging and our outdoor stuff on Lot 10. We can move our piping and stuff over there temporarily, tarp it or whatever we have to. When the wind blows it off, it looks shotty. I don't like doing things like that. I like to keep things a little bit more in control and together. What you are asking is ... this is a three-year project at least. So, I plan on being in that location three -years plus because we don't have another spot, especially with this economy going. I don't have another location where I want to move my business to. So, I am going to stay there for...I am 60 now, I want to stay there until I am at least 66 so I can ready for retirement. So, I am not going anywhere. If I get the waiver that I am asking for, we are not leapfrogging and leaving that empty and leaving to the next one in six -months from now. I am telling you that is where I want to stay and that is why we are asking for the waiver for Lot 2. Again, we keep jumping from Lot 12 to 2 so we need to stay focused. I want to answer your questions from Lot 12, but I am asking that we move past 12 and get into 2 so we can focus on what I am really needing and it is a waiver for 2. Or, Ventura: Thank you. Mr. Wilshaw: Mr. Long, did you have any comment you wanted to make? January 11, 2022 30349 Mr. Long: Yeah, but I think a lot of it has been answered. So, this is Lot 12, item #2 here, so should we table or deny #2 here and get into item 3 so we can... Mr. Wllshaw: So, what I have heard so far is, and I will leave this up to the petitioner if he disagrees, but you are pretty much saying that you are not interested in pursuing this contractor yard on Lot 12 at this time? Mr. Emling: That is correct. Mr. Wilshaw: Which is the current petition before us, so it would seem appropriate to me that we would resolve this one and move on to the next one to make sure our comments are contributed to the correct petition. Mr. Miller: So, he is basically withdrawing this request. Mr. Wilshaw: Exactly. So, Mr. Miller, if we...is there a...if he is going to withdraw his request, do we need to formally deny it or just... Mr. Miller: I don't think so, because if you formally deny it, somebody else could come, but I think it is easiest to withdraw it. Mr. Wilshaw: Right. We have done that for other petitioners who have come before us and changed their mind on something, so I think if there is no objection from any of the other commissioners, through the direction of the Chair we can withdraw item #2 on our agenda and we will mark that off of our agenda for the time being. I don't hear any objections from anybody, so we will do that. We will move on to item #3. ITEM #3 PETITION 2021-11-02-24 R & E Landscaping Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021- 11 02 24 submitted by R & E Landscaping and Construction, L.L.C. requesting waiver use approval pursuant to Section 6,58 of the Livonia Vision 21 Zoning Ordinance to construct and operate a special trade contractors' yard at 34413 Rosati Avenue, located on the west side of Stark Road just south of the CSX Railroad in the Southwest'/4 of Section 28. Or. Wilshaw: Mr. Miller, there is no additional information...) believe other than the address, everything is the same. January 11, 2022 30350 Or. Miller: The only thing is that this is new construction, the previous building was existing. I can go into what is going to be constructed. It is similar to what is Lot 12. 1 can go through it if you want. Mr. Wilshaw: You are more than welcome to. I think the only thing that is important to note on this one is the fact that if this is location for the special trade yard, that there would be landscape requirements as well because of the adjacency to the residential. Mr. Miller: Correct. Mr. Wilshaw: Yeah, go ahead and let us hear. Mr. Miller: This property is surrounded by industrial to the east, west, and north. To the south, as mentioned, is residential, which is zoned RUF. The plan shows that he would construct a 6,167 square foot building. It would be located towards the front of the site. One of the problems is the front yard setback for M-1 zoning is 50 feet. The building is only about 35 feet in the front yard setback, so therefore he would have to get a variance from the Zoning Board of Appeals. The floorplan shows a general open floorplan with a shop area, an office, and unisex bathrooms. Required parking for this type of facility is 12 parking spaces. Shown are 12 along the west property line. One of the conditions of a special trade contractors' yard is that the site has to be enclosed by a fence. He is proposing to enclose the parking area and the area behind the building with six-foot high chain -link fence. The building materials are similar to the other buildings on Rosati, it is gong to be constructed of brick and split -face block. The front elevation and front half of the side elevation would be brick and the remaining portions of the building would be the split - face block. Another condition is that if it abuts residential, and this property does to the south, is that he has to incorporate a 20- foot-wide greenbelt between the residential properties and he is showing that. That area has to be planted with two rows of appropriate trees. He is showing two rows of trees, so it is conforming to the ordinance. Also, the front yard has to be landscaped. He is showing trees in the front yard. Along the east property line he has a greenbelt that would have trees in it. For lighting, he is showing along the top of the building LED light packs. There would be no light poles in the parking lot. That is the extent of the plan. Jr. Wilshaw: Okay, Mr. Miller. Correspondence is reasonable similar? January 11, 2022 30351 Mr. Miller: Yes, The Treasurer's office has no objections. The Finance Department has no objections. The Inspection Department has no objections. The Police Department has no objections. The Fire Department is the same thing of no objections, but they would like a Knox Box to access the building and a key must be for the access fence. The Engineering Department same thing. No objections and that the stie has access to public water mains and sanitary sewer. The stormwater sewer within the Rosati Ave right-of-way, the developer would need to meet current Engineering requirements for the proposed project, including storm water detention per the latest version of the Wayne County Storm Water Ordinance. That is the extent of the correspondence. Mr. Wilshaw: Thank you, Mr. Miller. Any questions or comments from any of our commissioners for our planning staff? If not, we will kind of resume where we left off with Mr. Emling. Here we are on the site that you would like to put your contractor yard. I think we have pretty much heard your reasoning for that. Is there any other questions from any of our commissioners, specific to this site? Mr. Caramagno: There was talk earlier about a temporary easement to allow you to store your materials outside while the construction of the building takes place. Why cannot that be used for this property? Mr. Emling: I am not sure if I understand it correctly. There is a temporary easement granted for the heavy equipment. For the high lifts, the pallets of block, and stuff that can sit outside that no one is going to walk up and pick it up and put it in their truck and drive off while no one is around. As you noticed, this area is barely developed, and it is left alone majority of the time. The stuff that we are talking about is stuff that can be picked up and carried away, piping and fence gates that are already made and ready for dumpster enclosures, pipe that we buy in bulk that is sitting on pallets nice and orderly, they aren't laying all over all crisscrossed all over the yard or leaning on the building or nothing. These are items that can be ... somebody that had any knowledge or desire could come up and get access to them and that is our fear. We have all of our smaller stuff and light -duty stuff in the buildings. Like I said, ceiling tiles, toilets that we buy in bulk, and different things that we buy for different builds that we keep in the building, and I hope that kind of clears up your question, what are we doing with that area that we want to enclose or fence in. I run a business and I have for 33 years in the City of Livonia. We just want to protect, and nothing against the city or nothing, it is a real lonely street at night and on the weekends and I might get three January 11, 2022 30352 cars go by there and that is because Mitten Automotive is test driving these cars going by on that street all day, so when it is left alone and as you know, when things are sitting idle like that creepers come around at night and just look for stuff to take. We just want to protect what is ours and I am not asking for...to leapfrog this waiver from building to building, we are going to stay put at this building because we like that spot of the whole development, so we want to stay there and start developing around that. Mr. Caramagno: It seems that we have leap frogged over the last week from what you wanted to do and what you want to do now. There is some leap frogging going on from last weeks study session and from what I understand this wasn't an item until the Inspection Department came and seen you and said put your stuff away behind a fence, so until the Inspection Department came, this wasn't' an issue of theft or outside storage. Is that right or did I miss hear that last week? Mr. Emling: No, you misheard it. I took on everything you all said at the meeting into consideration. I went home and slept on it and said why am I going to do this, and I don't know which person made the point and highlighted this issue that once I get the waiver for Lot 12 and we don't know who is going to move in there next, I have a good idea of who is buying my property, but what is he going to store outside? Do I want to burden the city with that because that doesn't feel right to me? I am trying to do the right thing and I am asking for waivers. I can drive all over this town and see people without outdoor storage and no fences around them. I am not trying to be like that. Here I am trying to follow the rules and do the right thing and I am getting beat up for it, so I guess to answer your question is, no I am not leapfrogging and then changing my ideas. I took everything that the board said last week, and I said let's meet everyone halfway. Let's cancel Lot 12. Why put that...'cause I don't know who is moving in and doing what to it once I get the waiver. I fight for the waiver and let someone reap the benefit. So, I am trying to back off of Lot 12 and focus my efforts on a building that I want to stay put in for the next six years. I know what we are going to store out there and I know we are backed up against residents. There is a six- foot wall there that I just had all repaired because it has graffiti all over it and everything from years of people beating it up and abusing it and kicking walls through it and driving their SUV's through there. I am doing nothing but developing the neighborhood and making it better. If you go down there and you will see the whole block wall, 200 feet of it, just been repaired. I did it. To update the development and the neighborhood. I am January 11, 2022 30353 not asking for anything out of line, but to walk the legal line to give me a waiver to do some outdoor storage of small equipment. Mr. Caramagno: What I heard last week was that you were going to stay in the building that backs up to the tracks and then that has changed since in a week's time. That's changed. So, when I say leapfrogging, I understand that things happen. Someone wants to buy that building now, so that deal is off the table, and now you are going to build a building across the street backing up to the residential property and you want to keep your building materials there. I understand. Until when? Until someone wants to buy that building? Mr. Emling: No. That has been my goal to build over there. I don't want to be against the tracks. I don't like the noise; I don't like the vibration. I don't like anything at all about being backed up to tracks. I don't particularly need a building that backs up to the tracks which is more desirable to a contractor with a small business like ours where they can do and do more things outside. Work a little later in their yard without interrupting the neighbors or... it is more desirable to be backed up against the tracks there. I don't need that. I had an opportunity to sell it and we have a deal on the table. Nothing is 100% yet, but yeah. Mr. Caramagno: Okay, thank you. Mr. Wilshaw: Alright, any other questions for our petitioner? Mr. Emling, I just want to clarify. This is something that Mr. Caramagno just asked, and I am not sure if I heard the answer clearly, but you are looking to build out this particular lot and get the ability to store your materials in the fenced in yard and I understand why. Are you looking to stay and keep ownership of this building during the construction of the rest of the development? Mr. Emling: Yes. Or. Wilshaw: So, this is going to be your homebase? Or. Emling: Yes, this is where I want to keep my building. This one is just a little bit bigger so that it is up against residential, and we have the block wall there instead of the noise of the tracks and I don't need ... like I said we are looking to put this one in for our home base for the next six years. We will develop around it. Mr. Wilshaw: Once you are done, then you would put it on the market and sell it? January 11, 2022 30354 Or. Emling: At that point, or at least a minimum of six years. I am going to 66 and that's it. God willing. Mr. Wilshaw: I understand. Alright, good. an you. Any other questions from any of our other commissioners? If not, there is no one else in our audience wishing to speak for or against this item, which I failed to mention at the last petition as well. If there is no other questions for our petitioner, then a motion would be in order. On a motion by Long, seconded by Ventura, and unanimously adopted, it was #01-02-2022 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on January 11, 2022, on Petition 2021-11-02-24 submitted by R & E Landscaping and Construction, L.L.C. requesting waiver use approval pursuant to Section 6.58 of the Livonia Vision 21 Zoning Ordinance to construct and operate a special trade contractors' yard at 34413 Rosati Avenue, located on the west side of Stark Road just south of the CSX Railroad in the Southwest '/4 of Section 28, the Planning Commission does hereby recommend to the City Council that Petition 2021-11-02-24 be approved subject to the following conditions: 1. That the architectural site plan identified as Sheet No. DA- 1.0 dated November 15, 2021, prepared by Arista Design, Inc., is hereby approved and shall be adhered to. 2. Subject to a determination by the Inspection Department, the petitioner may be required to obtain a variance from the Zoning Board of Appeals for deficient building front yard setback and any conditions related thereto. 3. All parking spaces, except the required handicapped spaces, shall be doubled striped at ten feet (10) wide by twenty feet (20) in length as required. 4. That the landscape plan identified as Sheet No. L-1.0 dated December 16, 2021, as revised, prepared by Arista Design, Inc., is hereby approved and shall be adhered to. 5. That the proposed White Dogwood trees within the twenty foot (20') wide greenbelt along the rear property line shall be replaced with full-size evergreen type trees subject to the review and approval of the Planning Department, 6. That all disturbed lawn areas shall be sodded in lieu of hydro seeding, January 11, 2022 30355 7. 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. 8. That the exterior elevations plan identified as Sheet No. DA- 1.0 dated November 15, 2021, prepared by Arista Design, Inc., is hereby approved and shall be adhered to. 9. 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. 10. That all outside storage shall be restricted to the enclosed fenced -in area behind the building, as shown on the approved site plan. Storage within this area shall be limited to construction -related materials and no more than two (2) vehicles. Any changes in the location and extent of the outdoor storage yard shall first be approved by the Planning Commission. 11. That there shall be no outdoor storage of junk, tires, debris, hazardous chemicals, or disabled/inoperative equipment and vehicles anywhere on the premises. 12. That the owner must provide a "Knox Box" (fire dept key box) for fire department after -hour access to the building. Additionally, a key must be provided (in the "Knox Box") for access to all fenced in areas as well. 13. That any pole -mounted light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadways. 14. That the trash dumpster area and encloser gates shall be constructed in accordance with the Dumpster Enclosure Details, as shown on the approved site plan. 15. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals. January 11, 2022 30356 16. 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, 17. Pursuant to Section 13.13 of the Livonia Vision 21 Zoning Ordinance, 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. FURTHER, the Planning Commission recommends the approval of a Conditional Agreement limiting this waiver use to this user only, with the provision to extend this waiver use approval to a new user only upon approval of the new user by the City Council. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 of Livonia Vision 21 Zoning Ordinance. Mr. Wilshaw: Is there any discussion? Or. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 APPROVAL OF MINUTES 1,180th Public Hearings and Regular Meeting Or, Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,180th Public Hearing and Regular Meeting held on December 14, 2021. Or. Wilshaw: Mr. Long was absent from that meeting and that leaves us with three people to approve those minutes. Or. Ventura: I will make the motion. Mr. Wilshaw: Thank you, Mr. Ventura. If we only have three votes to approve it doesn't constitute a quorum, I think it would be safe to move this to the next agenda and we will approve the minutes from that meeting and this one at our next regular agenda. We are essentially tabling the minutes or moving them to the next agenda. On a motion duly made, seconded and unanimously adopted, the 1,181St Public Hearings and Regular Meeting held on January 11, 2022, was adjourned at 9:06 p.m. January 11, 2022 30357 CITY PLANINING COMMISSION Sam Ccamagno, Secretary ATTEST: Ian Wi s aw, Chairman