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HomeMy WebLinkAbout1,166 - March 9, 2021 signedMINUTES OF THE 1,166th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, March 9, 2021, the City Planning Commission of the City of Livonia held its 1,1661h Public Hearings and Regular Meeting via Zoom Meeting Software. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7:00 p.m. Members present: David Bongero Sam Caramagno Glen Long Betsy McCue Carol Smiley Peter Ventura Ian Wilshaw Members absent: None Mr. Mark Taormina, Planning Director, Scott Miller, Planner IV, and Stephanie Reece, Program Supervisor, and Debra Walter, Clerk -Typist 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 2021-02-02-02 Shake Shack Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2021- 02-02-02 submitted by SPP Investors II, L.L.C. requesting approval of all plans required by Sections 11.03(n)(3), 18.47 and 18.58 of the City of Livonia Zoning Ordinance No. 543, as amended, in connection with a proposal to re -develop the site, including demolishing the existing restaurant (Romano's Macaroni Grill), constructing a full -service restaurant with drive-thru facilities (Shake Shack), and constructing a bank with drive-thru facilities, at March 9, 2021 29886 39300 Seven Mile Road, located on the northeast corner of Seven Mile and Haggerty Roads in the Southwest '/o of Section 6. Mr. Taormina: This is a request to redevelop the northeast corner parcel at Seven Mile and Haggerty Roads. The zoning of the property is C-2 (General Business). The site in question is 2.9 acres in area. It has 600 feet of frontage on Seven Mile Road and roughly 200 feet of frontage on Haggerty Road. This is the site of the former Romano's Macaroni Grill. The existing restaurant is one-story in height and about 8,200 square feet in area. It is located at the west end of the site, approximately 110 feet from the Haggerty Road right-of-way. Macaroni Grill was approved with a maximum seating capacity of 280. Parking, as you can see from the survey, is located on the west, south, and east sides of the building. Most of the parking is on the east side and extends all the way to the edge of the property. There is an open drain and contiguous wetland that exists along the north side of the property. The proposal seeks to demolish and remove the existing restaurant and replace it with two new freestanding buildings, including a new full -service Shake Shack and a branch bank. The Shake Shack would be on the west end of the property in the same general location as the existing restaurant and is identified on the plans as Proposed Parcel A. The bank would be on the east side in an area currently used for parking and is identified as Proposed Parcel B. Both new buildings would have drive-thru facilities. The proposed Shake Shack would be one-story in height, with a gross floor area of 3,487 square feet. It would contain 74 interior seats, and 70 exterior seats for a combined total of 114. Outdoor seating is shown along the east and south sides of the building. The building would be setback about 123 feet from Haggerty Road and 81 feet from Seven Mile Road. The submitted floor plans show the general layout of the restaurant, including the dining area, kitchen, and bathrooms. The dining area would be in the front part of the building. There are no details, at this time, regarding the arrangement of the seating area. The drive-thru service facility is planned along the Haggerty side of the building. Two traffic lanes serving the drive -up will commence on the east side of the building. There would be separate pre -order and order menu boards provided for each lane. All traffic around the east, north, and west sides of the building would be one-way, moving in a counterclockwise direction. With both lanes operating, any chance of by-passing the drive-thru would not be available until after cars have transitioned into a single lane, which is on the north side of the building. Once an order is complete, exiting vehicles would have the choice of turning right and exiting on to Haggerty Road or turning left to a driveway that exits on to Seven Mile Road. The exterior finish would mostly consist of fluted March 9, 2021 29887 concrete panels, which is the area shown in white, and cement fiber vertical siding, which is the darker shade. A limited amount of brick is shown along the north and west sides of the building and would be painted with a mural as illustrated in this color rendering. Above the entrance, the outdoor patio and the pick- up window, the plans show being covered with structural canopies. This would be the outdoor seating area along the east side of the building. That canopy would wrap around to the south elevation with the front entrance to the building, and then looking at the drive-thru side, there would be separate canopy above the pick-up window. At this time, the plan for the bank is only conceptual. When a user is identified, detailed plans would need to be submitted for a formal review. The pad is shown having a setback of about 80 feet from the right-of-way of Seven Mile Road. The total building size is just under 3,400 square feet. The main entrance would be on the south side of the building facing Seven Mile Road. Drive -up window service is shown on the east side and it includes a canopy that will extend 40 feet from the side of the building. The drive-thru operations include three ATM lanes. After completing a transaction, vehicles would loop around the back of the building, turn south at the northwest corner of the building and then exit out to Seven Mile Road. Two existing driveways provide ingress and egress to the site. Both of those would remain. There is one on Haggerty and one Seven Mile Road. The drive approach on Haggerty would remain in its current configuration. The one on Seven Mile Road would be retrofitted to allow for right -in and right -out operations only. Currently, both driveways are unrestricted in terms of their turning movements. As for parking, the site plan shows a total of 101 parking spaces. There are 72 parking spaces shown on Parcel A and 29 spaces on Parcel B. Parking for full -service restaurants is based on the number of customer seats, both interior and exterior, as well as the number of employees plus two additional spaces for drive -up operations. Shake Shack would require 72 parking spaces and the bank would require 18 spaces. For both uses, the required parking is 90 spaces. With over 100 spaces available, the site plan meets the parking requirement. A fully detailed landscaping plan was submitted with the application. Storm water management would presumably be handled by means of an underground detention system located beneath the parking lot and drive aisles. Dumpster locations include one that would be along the north edge of the parking lot about 75 feet east of the restaurant. A second dumpster is shown near the northwest corner of the bank building. The walls would all be six feet in height. Site lighting is shown at 25 feet in height. This would have to be lowered by five feet to a total height of 20 feet in order to comply with the City's outdoor lighting policy. We have March 9, 2021 29888 not reviewed the petition in terms of signage. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wllshaw: Yes, please. Mr. Taormina: The is item is from the Engineering Division, dated February 51 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 project at this time. The parcel is assigned the address of #39300 Seven Mile Road. The existing building is currently serviced by public water main and sanitary sewer, as well as private storm sewer. The submitted drawings indicate revisions to the building services, but do not have detailed information to determine if there will be any impacts to the existing systems. Also, storm detention is not addressed in the drawings, but the Developer will need to meet the Wayne County Storm Water Ordinance requirements. Should the development move forward, detailed Engineering drawings will need to be submitted to this department for permitting. The submitted drawings indicate that the property is to be split into parcels, which will require the recording of easements across the easterly parcel to ensure utility services remain uninterrupted. The existing sanitary service will need to be cleaned and inspected, and may need to be upgraded to a publicly -owned system should the property be split. It should be noted that the developer will be required to obtain a Wayne County permit for any work occur within the Seven Mile Road or Haggerty Road right-of-way's." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated February 10, 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." The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated February 10, 2021, which reads as follows: "I have reviewed the plans in connection with the petitions. l have one concern in regard to the proposal. The Seven Mile and Haggerty area already has a very high traffic volume throughout the day. I believe locating this business at that location has a high potential to add to the traffic congestion and also increase the amount of vehicle crashes." The letter is signed by Scott Sczepanski, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated March 9, 2021, which reads as follows: " Pursuant to your request, the above referenced Petition has been reviewed. 1. The parking lot shall be repaired and restriped as necessary. Parking spaces shall be 10' wide and 20' deep and March 9, 2021 29889 double striped. 2. Signage has not been reviewed. A variance from the Zoning Board of Appeals would be required for any non- conforming Signage. This Department has no further objections to this Petition." The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Finance Department, dated February 19, 2021, which reads as follows: " I have reviewed the address connected with the above noted petition. The following amounts are due to the City of Livonia: False Alarm delinquent charges (2/1/2021): Total Due City of Livonia $2,852,50" The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated February 24, 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 there are taxes due." The letter is signed by Lynda Scheel, Treasurer. The last letter is from the Assessment Department, dated February 8, 2021, which reads as follows: "The plans submitted by SPP Investors II, L.L.C. requesting the approval of plans to re- develop the site at 39300 Seven Mile to demolish the existing restaurant and to construct a new restaurant and a bank. We have no objection to this proposal other than to comment that if the new restaurant (Shake Shack) and bank are going to be owned individually and want separate tax bills, a Lot Split will need to be initiated." The letter is signed by Kathie Siterlet, Residential Appraiser. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Ms. Smiley: Are these pieces of property owned separately? Parcel A and Parcel or Mr. Taormina: No. This is a single parcel currently. Ms. Smiley: Okay. So, we don't really need lots li right? Mr. Taormina: At this time, no. It is not a prerequisite to review the site plan. Ms. Smiley: Okay. Thank you. Mr. Wilshaw: Thank you Ms. Smiley. Mr. Long? Mr. Long: Mr. Taormina, how long has this site been vacant? How long has Macaroni Grill been gone? Mr. Taormina: I think it is going on a year since the restaurant closed, but I am not sure. Maybe the petitioner knows precisely. I think a little over a year. March 9, 2021 29890 Mr, Long: I will ask them as well. In that year, this is the first thing that has come before us for a proposed reuse that has come before us, correct? Mr. Taormina: That is correct. Mr. Long: Okay. Thank you. Mr. Wilshaw: Thank you, Mr. Long. Any other questions of our planning staff? Mr. Ventura: Mr. Taormina, did you receive... at least I am under the impression that you received some additional traffic information between our study session and tonight. Is that true? Mr. Taormina: That is true. That information should be provided in your e- packet. Mr. Wilshaw: Any other questions Mr. Ventura? Anyone else with any questions? Mr. Taormina: I do know that he is experiencing some Internet problems. Mr. Ventura: I didn't hear anything, I apologize. Mr. Wilshaw: Mr. Ventura, you broke up a little bit. Did you want to repeat that? Mr. Ventura: I am sorry. I am not sure if you can hear me again? Mr. Wilshaw: You broke up Mr. Ventura. What you might want to try to do is turn your video off and see if that helps your audio. I have seen that sort of improve the bandwidth a bit if you just go audio only. Mr. Ventura: Okay. Video is off. How is the audio doing? Mr. Wilshaw: We hear you fine. Mr. Ventura: Mark, did you hear my question? Mr. Taormina: You had asked whether or not new traffic information was received between the study and this meeting, and the answer is yes. That should be available in your e-packet. Mr. Ventura: Okay. I have not seen that. Can you tell us what the comparison... can you summarize the reports conclusions for the traffic generated by drive-thru restaurants such as this one versus a sit-down restaurant like the Macaroni Grill? March 9, 2021 29891 Mr. Taormina: I don't have the traffic analysis in front of me. We do have the traffic engineer available on the call. Going from memory after reading portions of the report, it was clear to me that the development as proposed will increase the amount of traffic to the site. How significant that is can be measured in terms of percentage increase in trip generation. I believe the engineer can explain exactly what that is. In terms of changes, the report indicates that there will be restrictions on the turning movements on to Seven Mile Road. That was something that was recommended by Wayne County in early discussions that the developers had with the County regarding this issue. There has yet to be a decision whether there would be restrictions on turning movements from the Haggerty approach. Those could be time sensitive, i.e.. certain times of the day when left-hand turns would be prohibited from that driveway. That is a just a very rough description. Again, the traffic engineer is here, and she will be able to respond in detail to your questions. Mr. Ventura: Thank you. Mr. Chairman, after last weeks study session I reached out to Sargent Sczepanski to ask him questions about why he was do definitive about his objection to this petition. He shared with me the Michigan State Police accident statistics at this intersection. In the last year of operation of the Macaroni Grill, there were 60 accidents at this intersection, and 10 of them were head-on collisions. A total of 24 were moving, where the cars were moving, and the balance were rear -ending collisions. This is a fairly dangerous, or very dangerous intersection already and that is without a drive thru. I am sorry that I didn't have time to share this data with the commissioners, but I have the report from Sargent Sczepanski, the State Police report and would be happy to share it both with my fellow commissioners and petitioner. Thank you. Mr. Wilshaw: Thank you, Mr. Ventura. That is good information to have, and I am glad you followed up with them on that. It is a little unusual when we hear the traffic division make this objection. It is not something that they do too often. It is good that we followed up on that. Any other questions or comments from the commissioners for Mr. Taormina before we go to the petitioner? If not, out petitioner and their representatives are in the audience. We are going to ask that you click raise hand so we can identify you. What I will do is give you the opportunity to unmute yourself. You don't have to do that immediately, but you can certainly do that when the time is appropriate, and you wish to speak. I will give each of you that opportunity. There are four right now. There is Mr. Williams, Ms. Kroll, Mr. Erickson, and Ms. March 9, 2021 29892 Palmaesso. Good evening. Mr. Thompson as well. Mr. Williams, I believe you are going to start for us? Eric Williams, Stonefield Engineering & Design, 607 Shelby Street, Ste. 200, Detroit, MI. We are here on behalf of the applicant, SPP Investors II LLC. Mr. Erickson is here on their behalf and additionally we have Julie Kroll with Fleis & Vanderbrink, our traffic consultant and Allison Palmadesso from the Shake Shack team. We are hoping we have all the right people in front of you so we can... obviously respond to each and every question accordingly. As Mark alluded to, we are seeking waiver -use approval for the site located at 39300 Seven Mile Road. Probably more commonly known as the Macaroni Grill located at the northeast corner of Haggerty and Seven Mile Roads. We have worked with Mark and staff and the Wayne County Road Commission over the last few months to come up with a plan for this property. It has been rather challenging due to the site dimensions. As Mark mentioned, it is extremely long and narrow. We obviously have a pretty expansive frontage along Seven Mile Road and then we are also tied to our existing access points in terms of location. This is further exacerbated by the open drain to the north which I think we obviously discussed at the last meeting, but there is an existing retaining wall that is shown on the plan with the line with the X's through it. This is an existing wall and obviously as construction commences and we have demolition work occur and things of that nature, this is going to be closely looked at by our site contractor and structural engineers. So, as Mark said, the site is C-2 (General Business). The proposed uses are both waiver -uses and I think it was important for Mark to point out that at this point the bank with drive-thru facilities is conceptual. Once Mr. Erickson and his team lock up a tenant, we will be back in front of you for any tweaks to the site plan and obviously the floor plans and detailed elevations. To walk everyone through the site, and I don't want to belay the matter because Mark obviously did a great job in describing what is going on here. I think the big point is that when you look at this site today, it is obviously a prominent corner within this city. I think the year is correct in terms of when this site was closed. I know that Chip and his team have been working hard to find tenants and solidify deals and obviously make this property viable again. What we like about this plan is that we are able to keep the Shake Shack or the proposed Shake Shack building in almost the exact location of the Macaroni Grill, except for cutting the buildings square footage in half, essentially. So, the building is more or less in the exact same location. By reducing the square footage, we were able to activate the southeast corner of the site, or the area just adjacent to Chippewa. In terms of what is out there today, you have a sea March 9, 2021 29893 of asphalt on the east side, and we have been able to now' ..I shouldn't say now because it is obviously conceptual, but based on the setbacks, the site circulation, the number of parking spaces, we have been able to activate that side of the site. Mark had questioned some of the easement agreements, so what SPP Investors is looking to do is essentially split these two properties so that they are two freestanding parcels, and they will enter into a reciprocal easement agreement. That would allow for the function of shared utilities, shared access, and I am sure there is a plethora of other agreements within that, but I think most importantly the shared access to allow vehicles to go between sites. With that I would like to pass it over to Julie so she can speak on the adjustments that we have made to access the conversations that we have had with the county and obviously walk the commission through her findings with the traffic on the site. Mr. Wilshaw: Thank you, Mr. Williams. We will go to Ms. Kroll. As Mr. Williams already started out, we do ask that you start with your name and address for our record for our minutes. Ms. Kroll, I believe you are up. Julie Kroll, Flies & Vanderbrink, 27725 Stansbury Blvd., Ste. 195, Farmington Hills, Mi. Mark, I think I saw you had the traffic study on one of those tabs. So, I just kind of want to walk you through kind of how we do the traffic study. When we started with this, we started with a baseline traffic that we used for most recently for the Beaumont property, which is as you know, to the east of here. That study included a lot of background traffic. We included the Chick-Fil-A development that is just north of here, St. Joes medical office building development, the Haggerty Center that is just north of here, the Shostack office building, which is actually in Northville, and then of course the Beaumont medical. We also included the recommended improvements that were coming with the Beaumont, which included the addition of the traffic signal at CBS Fox Drive and the optimizing of the traffic signals along Seven Mile Road and Haggerty. That was assumed as our baseline for evaluating this site. Then we took the trips generated by this development and added them on top to figure out what was going to be the traffic impact associated with this POD. If you can scroll down to table E1 that is on page 6... there you go. This is where we look at the trip generation for the site. So, you can see the trip generation from the Macaroni Grill and then right below it you will see the trip generation associated with the Shake Shack operation. One thing that I want to point out is you will see a line item in there that says pass -by trips. I am not sure how many of you are aware of the term pass -by trips and I will briefly explain it March 9, 2021 29894 for those that aren't familiar. What pass -by trips are are people that are already on the road and they turn into a use and then continue on their route home or wherever they may be going to. A good example is like on my way to work I will stop in and grab coffee at Starbucks and I will turn into Starbucks, get my coffee, and then turn right back out and keep going on my trip to wherever I am heading in the morning. This is very typical of commercial type uses. There is an IT trip generation manual provides pass -by trip percentages for our use and calculations. So, what you are seeing here for turnover restaurants such as the Macaroni Grill, you are going to see less pass -by trips. People will actually leave their house with their family and go eat dinner at a Macaroni Grill and then go back home. Whereas what you are seeing with a Shake Shack or these fast -casuals or fast-food restaurants, you are going to see more people jump in the drive- thru or just run in and grab some food really quick and head on home. That is where we are seeing the reductions. It isn't actually new trips generated. These are people that are already on Haggerty Road or Seven Mile Road that are just diverting off their trip to run in and grab some food on their way home. When we look at the actual new trips associated with the Macaroni Grill and compare that with the new trips associated with the Shake Shack, you can see that the new trips generated by the developments are actually pretty comparable. Since most are not open in ... they aren't open in morning for breakfast, we are really just looking at that ingress in the afternoon. When I look at the comparison of the Macaroni Grill and the Shake Shack, I am seeing 27 in on both and then 25 out. Mostly because you go to the Macaroni Grill and it takes you longer... you are going to spend, potentially, over an hour rather than the Shake Shack which you will be in and out in less than an hour. That is why the ingress and egress for p.m. for Shake Shack is almost identical and it's not for a high turnover such as Macaroni Grill. When I am looking at the peak hour trip generation associated with two, they are very comparable. Then we add the bank on top of that and I have to say, the bank you have to take with a grain of salt because the banking that is evaluated in the trip generation manual is based on how people used to bank and it hasn't quite caught up to how now people bank, which is much more on their phones and ATM's. This is more of people going to the bank and having an interaction with a teller, which... so you are seeing a higher trip generation, but I just wanted to make you aware of that. We did evaluate it. We felt it was more conservative for this study to include the higher trip generation for the bank. Overall, what you are seeing in the bottom line is the overall net increase in trips associated with the development is what you see in that bottom line there and that is what we are adding to the roadway March 912021 29895 network. In the end it is 66 cars in the p.m. When you are in the grand scheme of how much traffic is going through the intersection of Haggerty and Seven Mile, 66 cars is actually a pretty low number because a lot of that trip is on pass -by traffic. It is already on that road and they are just diverting their trip to use these particular land uses. So, then I wanted to talk a little it about distribution. I think if you scroll down, Mark, on the next table, table E2, there is a distribution. We have two different distributions. One is for new trips, and one is for pass -by trips. If we are looking at the number of pass -by trips, for example, we see the majority of traffic in this area is heading westbound in the afternoon and then heading north and south. We are looking at, in the afternoon, about only 20% of the traffic that would be heading back to the east and the remaining 80% heading north or south or west off the site. New trips we are looking at 70% of the traffic will either go north, south, or west with only 30% going east. Then if I say that I have 30% new trips that are going east, so then I am only talking about 15 cars that we are looking at that would have to make some sort of decision of how to head back east during those p.m. peak hours. That is a relatively small number. To the question about site access and safety... that was a big thing with our conversation with Wayne County. They wanted... they added those restrictions for the site access on Seven Mile Road because of the safety concerns that the officer brought up about crashes. What we are trying to do with the right in and right out is not to hinder people from going back east, it is to prevent crashes associated with vehicles exiting and making a left hand turn out of there and having those crashes. What we are trying to do is reduce the crash potential associated with the proposed operation by adding that right in right out on Seven Mile and then during the p.m. peak hour they would restrict the egress left turn for the same reason. For the rest of the day, we found that on Haggerty we could still allow full movements there because we didn't have as many conflicts as we do during the p.m. peak hour where we have the high volume of traffic there. The improvements that we recommended in coordination with Wayne County were really to improve the safety and address that concern from the officer. Mr. Wilshaw: Okay. Thank you, Ms. Kroll, for that presentation. We will see if there is anyone else on your team that wants to speak. If not, we will go to questions. I think there are some questions relevant to traffic. We will give your team a full chance to present first though. Mr. Williams, is there anyone else on your team to present? Mr. Williams: Mr. Wilshaw, I believe Allison Palmadesso did want to give a brief rundown on operations of Shake Shack and how customers can March 912021 29896 place orders and pick up orders. I think that is important in the distribution of the business that they plan to see there. Mr. Wilshaw: Sounds good. Ms. Palmadesso, how are you? Good evening. Allison Palmadesso, Shake Shack. I will keep it brief. I just wanted to jump in and talk a little bit about our operation and then kind of where we fall in the conversation of dine -in versus drive-thru and all of these different uses. Shake Shack really thinks of itself, not only as fast casual but we actually refer to ourselves as fine casual dining. We really strive to make all of our restaurants a true community gathering place for the communities that we go into. We are really excited to be in the City of Livonia. To talk how we do or how we will be doing drive-thru is that the drive-thru would be dedicated only to people who are driving up and ordering on site. However, there are a lot of different ways that our guests can get their food. We still plan on having a robust dine -in program. We have over 50 seats on our patio and over 60 seats within our restaurants so people can still order dine -in. Additionally, you can order to -go at the restaurant and then another thing that I want to highlight was that you know increasingly people are looking to do digital channels to order food. We purposely have those guests come into the Shack to pick that up food. So, people ordering food on our app ahead of time or delivery partners like Uber Eats and Grubhub and all of that do also have to come into the Shack. I am just hoping that explaining that will give a little piece of mind as it relates to the volume of cars that we would see in the actual drive-thru lane. We definitely anticipate using that inner lane primarily and making that really clear so that cars can move freely throughout this site and try to alleviate some traffic concerns. That's it. Mr. Wilshaw: Okay, great. This is your first location that has adrive-thru, correct? Ms. Palmadesso: Yes. We currently do not have any other drive-thru' s. Mr. Wilshaw: Okay great. Anyone else on your team that is looking to present before we go to questions? Mr. Williams: I think we are all set, and we are ready to answer any questions and hear from anyone in the public. Mr. Wilshaw: Okay, thank you, Mr. Williams. Any questions for our petitioners from any of the commissioners? March 9, 2021 29897 Mr, Ventura: I guess, Mr. Williams, I will direct this question to you and if I am directing it to the wrong person, I apologize. I understand that you approached the owners of the property to the north to seek permission to exit from Macaroni Grills site onto the road that is contiguous with this property to the east, is that correct? Mr. Williams: Yes sir. That is correct. Mr. Ventura: He declined to grant that permission, is that correct as well? Mr. Williams: Yes, sir. Mr. Ventura: Ms. Kroll, during our study session when we talked about traffic coming from the east that would want to return to the east, you indicated that the solution was for customers to exit on northbound Haggerty and go up and enter the site to the north, travel east on the private road and (inaudible) goes north and south and exits on Seven Mile Road immediately adjacent to the site. That same road that the owner of that private road has declined to give you access to. That was your answer. Am I right? Ms. Kroll: I just wanted to clarify that a little bit if I could. There is multiple ways that vehicles can head back to the east. During the off peak period vehicles will be able to exit on to Haggerty Road and turn to go left and turn another left to go on Seven Mile Road. During the off peak period vehicles can exit on to Seven Mile Road and turn right and then turn left to go south on Haggerty and then come around on the public roadways through Chippewa from the south. Mr. Wilshaw: Sorry about that. Go ahead, Ms. Kroll. Ms. Kroll: There are multiple ways that vehicles could exit the site and get back to the east. They can use either of two driveways and then during those peak hours in the p.m, they could either turn right and go the north or turn left and go to the south and turnaround and come up Chippewa from the north or the south. Knowing that they accessed... to the north is a private roadway, however, the access to the south is a public roadway. Mr. Ventura: Okay, thank you. I have to tell you that I shop at the Home Depot across the street from the site at least once a week and the likelihood of anybody exiting this Macaroni Grill site and getting into the left turn lane to go south on Haggerty Road is going to be highly problematic. That intersection is backed up past the location of this exit almost all the time. That is going to create a March 9, 2021 29898 very dangerous situation, but that is my opinion. I have lived there a long time and have been going to that store for years, so I have a ton of experience there. I guess the other thing that puzzles me is that if you look at the population of Livonia and the four communities to the west, Livonia is 60% of the total population, yet you are saying that westbound traffic is going to be 80% of the stops at this restaurant and only 20% of the people are going to want to go back east. Somehow that doesn't square with just the number of people that are there to visit that restaurant. I don't understand how that can possibly work. There just aren't enough people to west of the site to represent 80% of the traffic, unless everybody in Northville, Northville Township, Plymouth, and Plymouth Township has a special affinity for Shake Shack. Failing that, majority of the population is to the east of this site and I don't know how they are going to represent only 20% of the trips. Can you elaborate on that at all, Ms. Kroll? Ms. Kroll: Sure. So, let me clarify that I... it was 20% of the pass -by trips in the p.m. were eastbound. People heading eastbound towards I- 275 with the majority of traffic actually going north and south on Haggerty Road and the remaining 26% headed westbound. It wasn't all going west. It was distributed north and south on Haggerty and in addition to westbound during the peak hours. We are seeing that during the peak hours the majority of traffic is not headed eastbound. 80% of the traffic is headed westbound. Mark, do you still have that table E2? Mr. Ventura: I understand what you are trying to (inaudile) I guess (inaudible). Thank you, Mr. Wilshaw. Mr. Wilshaw: Thank you, Mr. Ventura. Any other questions from any of the other commissioners for our petitioner? Ms. Smiley: Have you had an opportunity to talk with Livonia PD or the State Police about your assessment as it differs so much from theirs? Mr. Wilshaw: I think that question would be for Ms. Kroll. Ms. Kroll: I guess ... Mark, can you repeat what the office indicated in the letter? Mr. Taormina: Mr. Chairman, with your permission. Mr. Wilshaw: Yes, Mr. Taormina. Mr, Taormina: Thank you. It reads: "1 have reviewed the plans in connection with the petitions. I have one concern in regard to the proposal. March 9, 2021 29899 The Seven Mile and Haggerty area already has a very high tramu volume throughout the day. I believe locating this business at that location has a high potential to add to the traffic congestion and also increase the amount of vehicle crashes." That letter is signed by Scott Sczepanski, Sergeant, Traffic Bureau, City of Livonia. Mr. Wilshaw: Thank you, Mr. Taormina. Ms.Kroll? Ms. Kroll: Based on that letter he...l don't believe that he had an opportunity to review the data that was presented in the traffic study. It sounded like he was basing his information on his thought about traffic impact and no I would say we have not had an opportunity to speak with the police about that, regarding the traffic impact here. Like I said, in regard to safety we did work with Wayne County who is the permitting agency regarding their recommendation for site access and safety for this site. Ms. Smiley: Okay, thank you. Who is the neighbor to the north that they don't want to go into an agreement with them about letting them access into their property? Who owns that? Mr. Wilshaw: Mr. Taormina, that is the AMC property, right? Mr. Taormina: Yes. So, that is the Pentagon Association. It is a condominium association made up of five (5) co -owners or units, including the three restaurants, the AMC theatre, and the hotel. Ms. Smiley: They don't want them to exit into their property? Is that right? Mr. Taormina: I did not have any communication with the association or their I anagement company regarding this proposal. As was indicated by Mr. Williams, they did reach out to them and were unable to secure any type of agreement to get access to that adjacent roadway. Ms. Smiley: Okay, thank you. Were they also the one that didn't want Beaumont to use the road? Mr. Taormina: It is the same road. I am not aware that any agreement has been reached between Beaumont and the Association for similar access but from the opposite side. Ms. Smiley: Okay, thank you. Mr. Wilshaw: Thank you, Ms. Smiley. Any other questions from any of the other commissioners? March 9, 2021 29900 Mr. Bongero: I guess this is for Ms. Kroll. Like Pete, I am in that Home Depot a lot and I happen to be there on Saturday, and it was probably three o'clock and Home Depot was crowded. If felt like if I wasn't an aggressive driver, I could have sat there for a long time on trying to get back on to Haggerty Road. In front of me was an elderly driver and they are very apprehensive to make the move to get out there because Haggerty was lined up like Pete said. There was some frustrated people behind me laying on the horn and I was like... that is where I think trouble lies. Because somebody is going to get startled or whatever and tend to want to get out just because everyone is on them to move. Does the traffic study take that into account? Do you know what I am saying? If I didn't get aggressive, I would have sat there a lot longer. It is packed. Ms. Kroll: To make a right turn or left turn on to... Mr. Bongero: Left. I was trying to go north on Haggerty. Ms. Kroll: So, during the peak p.m. when we are expecting the higher traffic volumes the county has restricted left turning movements on Haggerty at this site access drive because of the reason you just described. It is a safety concern. There is concerns about delays for egress left turns on that approach. So, they have recommended to prohibit left turn during the p.m. peak. During the off-peak periods, there is less traffic that would be conflicting that would allow those movements to occur to make a left turn. At the Seven Mile access, they fully restricted it to right -in and right -out, so no left turns will be permitted. Both of those were based on safety and operations. Mr. Bongero: Okay, thank you. Mr. Wilshaw: Thank you, Mr. Bongero. Any other questions for our petitioners? If not, is there anybody in the audience that wishes to speak for or against this item? If so, please click raise hand and we will recognize you and give you an opportunity to speak. I don't see anybody clicking the raise hand. Mr. Williams, we will go back to you as our sort of main representative of the petitioner and see if there is anything else you would like to add to this before we make our decision on this item. Mr. Williams: I think we are all set. Thank you. Mr. Wilshaw: Thank you, sir. So now I will close the public hearing and ask for a motion. March 9, 2021 29901 On a motion by Ventura to deny, seconded by Bongero, due to lack of support, the motion failed. A roll call vote on the foregoing resolution resulted in the following: NAYS: McCue, Smiley, Long, Wilshaw AYES: Bongero, Ventura, Caramagno, ABSENT: None ABSTAIN: None On a motion by McCue, seconded by Smiley, and adopted, it was #03-08-2021 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on March 9, 2021, Petition 2021-02-02-02 submitted by SPP Investors II, L.L.C. requesting approval of all plans required by Sections 11.03(n)(3), 18.47 and 18.58 of the City of Livonia Zoning Ordinance No. 543, as amended, in connection with a proposal to re -develop the site, including demolishing the existing restaurant (Romano's Macaroni Grill), constructing a full -service restaurant with drive- thru facilities (Shake Shack), and constructing a bank with drive- thru facilities, at 39300 Seven Mile Road, located on the northeast corner of Seven Mile and Haggerty Roads in the Southwest'/4 of Section 6, the Planning Commission does hereby recommend to the City Council that Petition 2021-02-02-02 be approved subject to the following conditions: That the Site Plan identified as Drawing C-3, dated February 3, 2021, as revised, prepared by Stonefield Engineering & Design, is hereby approved, and shall be adhered to, except that construction of a building on Parcel B shall not occur until and unless a separate waiver use/site plan is submitted for review by the Planning Commission and approved by City Council. That the Landscape Plan identified as Drawing C-8, dated February 3, 2021, as revised, prepared by Stonefield Engineering & Design, is hereby approved, and shall be adhered to. That all disturbed lawn areas shall be sodded in lieu of hydroseeding. 4. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection March 9, 2021 29902 Department and thereafter permanently maintained in a healthy condition. 5. That the Exterior Elevation Plans for the restaurant, identified as Sheet No. A201 & Sheet No. A202, both dated January 13, 2021, as revised, prepared by Aria Group, are hereby approved, and shall be adhered to. 6. 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. 7. That the maximum customer seating count for the restaurant shall not exceed a total of 114 seats, including 74 interior seats for the restaurant and 70 outdoor patio seats. 8. That no advertising shall be permitted on any of the seating or table apparatus of the outdoor patio area. 9. That only one (1) menu order board sign is allowed per stacking lane in accordance with the sign standards set forth in Section 18.50H. 10. That the three walls of the trash dumpster areas shall be constructed of masonry that complements the design of the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. 11. That the restaurant shall provide disposal of grease waste in accordance with Section 13.20.380 of the City Code of Ordinances. 12. That the proposed construction shall meet the Wayne County Stormwater Ordinance, including detention requirements, and the Petitioner shall secure all required permits, including soil erosion and sedimentation control. 13. That all new pole -mounted light fixtures shall not exceed a height of twenty feet (20') and shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadways. 14. That only conforming wall signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals. March 9, 2021 29903 15. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows. 16. That unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited. 17. 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 18. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one (1) year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: McCue, Smiley, Long, Wilshaw NAYS: Bongero, Ventura, Caramagno, ABSENT: None ABSTAIN: None Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #2 PETITION 2021-02-02-03 Emerson Oaks Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021- 02-02-03 submitted by Infinity Homes and Company requesting special waiver use approval pursuant to Sections 20.01 and 20.02A of the City of Livonia Zoning Ordinance #543, as amended, to develop a Planned Residential Development under the Single -Family Clustering option (Emerson Oaks), consisting of thirty-five (35) site condominium lots, on the property at 28400 March 9, 2021 29904 West Chicago Avenue (former Wilson Elementary School site) located on the north side of West Chicago Avenue between Harrison and Middlebelt Roads in the Northwest'/4 of Section 36. Mr. Taormina: This is a proposal to develop a planned residential development under the single-family clustering option. The location is the former Wilson Elementary at the northwest corner of West Chicago and Harrison. This property is 8.74 acres in area and is a perfect square. It is 617 feet by 617 feet. The property is currently being rezoned from PL (Public Land) to R-1 (One family residential). Council gave first reading on December 2, 2020, R- 1 conventional lot size requirements are 7,200 square feet per lot with a minimum 60 feet per lot width and 120 feet per lot depth. The cluster option allows for reduced lot sizes to preserve open space and overcome natural and other unique obstacles or constrains that pose challenges to developing a site using conventional design standards. In the case of R-1 zoning, the maximum permitted density is four dwelling units per acre for a single-family cluster. For the subject property, which is 8.75 acres in size, the maximum number of units would be 35, The submitted plan for Emerson Oaks shows exactly 35 site condominium lots. As you can see from the plan, access would be from both Harrison and West Chicago. A new road identified on the plans as Parkside Court would extend north from West Chicago for a distance of approximately 420 feet and would end at a cul-de-sac. The other road, which is named Tulipwood, would extend west from Harrison for a distance of approximately 410 feet, where it would intersect with Parkside Court. Both roads would be public and have a right-of-way width of 50 feet in lieu of the standard 60 feet. The new roads would provide access to 30 of the 35 home sites. The other five units would front on and have direct access from West Chicago. Those are identified as lots 1 thru 5. Sidewalks would be provided in front of all the lots and the new sidewalk system would also join with the existing public sidewalks along both Harrison and West Chicago Ave. Under the clustering option there is no minimum lot size requirement. Instead, the Zoning Ordinance establishes minimum standards for front yard setbacks and spacing between buildings. In the R- 1 zoning district, the minimum spacing between buildings is 10 feet. The majority of the lots in this development measure 52 feet by 115 feet for a lot area of 5,980 square feet. A management of the sites storm water runoff would occur in the northeast corner and would be in the form of an open system that includes a forebay for pretreatment and a main detention basin. There are several open space areas located throughout the development, including within and around the detention basin. This area measures approximately 20,680 square feet. There is one along March 9, 2021 29905 the west side of the property totaling roughly 28,800 square feet. Other open space areas are along a portion of West Chicago equal to about 2,390 square feet and along Harrison Ave. totaling 4,700 square feet. Also included is the dedication of land in the northeast corner to the City of Livonia. The subject land, which measures approximately 40 feet along Harrison by 309 feet would be improved to provide additional parking at Clements Circle Pool. The dedicated area equals 13,921 square feet and would add 44 parking spaces to the existing parking lot. Storm water runoff from the expanded parking lot would be directed to and managed via the new detention basin which lies immediately to the south. The additional spaces are needed to accommodate the peak summer pool hours. The superintendent of Parks and Recreation, who is present this evening, has reviewed the plans and is in full support of the parking lot improvements. Added together, the open space and dedicated land, total 70,501 square feet or 1.61 acres which equates to 2,014 square feet per lot. This is substantially more than the 760 square feet per lot that is required for new subdivisions. A landscaping plan has been submitted. It is fully detailed, and it shows a variety of plantings throughout the condominium subdivision, including along the sites frontages on West Chicago and Harrison. Along the north and west sides of the property there are also street trees provided for each of the lots. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: The first item is from the Engineering Division, dated February 16, 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 project at this time. The property is assigned the address of #28400 West Chicago Avenue, and the legal description included on the plans submitted by the owner appears to be correct, and should be used to describe the parcel. The proposed development is currently serviced by public water main, storm and sanitary sewers, and the submitted drawings indicate that new utility connections will be constructed to service the proposed parcel layout. Easements will need to be provided for the new water and sanitary sewers, as well as portions of the storm sewer that are to be maintained by the City. At this time, Exhibit `B" drawings have not been provided to show proposed easements, so we cannot determine if the proposed easements are correct. The proposed construction will be required to meet the Wayne County Stormwater Ordinance, including detention requirements. Detention is shown on the preliminary plans, and a March 9, 2021 29906 full review of the proposed development will be completed when plans are submitted for permitting, although it should be noted that the Developer will be required to submit soil borings for roadway and detention areas indicating soil makeup and water level elevations (regular and seasonal). The submitted drawings indicate that the proposed roadways are to be 27' wide, centered within a 50' wide right-of-way. Current Engineering Department standards require roadways to be a minimum of 31' wide, and a minimum right-of-way width of 60`. The submitted drawings indicate the proposed roadway is to be named Parkside Court, but it should be noted that `Parkside" is already used by another roadway in the City. The Developer will need to rename the proposed roadway to a unique street name, or use an existing name that is in alignment with the proposed road. `The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated February 101 2021, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct site condominiums on property located at the above referenced address. We have no objections to this proposal with the following stipulations: Using the city of Livonia Department of Public Works, Engineering Division, Site Plan Design Standards (Pg. 11 of 32) as a guide, fire hydrant spacing for multiple single-family home sites must at a maximum, be spaced every 500 feet. The Fire Prevention Division is requesting the placement of an additional fire hydrant at the corner of Parkside and Tulipwood. Either at lot 21 or 8."The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated February 10, 2021, which reads as follows: '7 have reviewed the plans in connection with the petition. I have no objections to the proposal."The letter is signed by Scott Sczepanski, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated March 9, 2021, 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 February 19, 2021, which reads as follows: " 1 have reviewed the address connected with the above noted petition. As there are no outstanding amounts receivable (general or water and sewer), I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated February 9, 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 there are taxes due, (even though the current property owner is exempt from most, they do pay for street lighting) but they are not March 9, 2021 29907 delinquent until March 2, therefore 1 have no objections to the proposal.."The letter is signed by Lynda Scheel, Treasurer. Next, we have a few emails to read out. The first one is from Mark Trybus, dated February 21, 2021, which reads as follows: `I live just across the street on Hartel & W. Chicago. I really like the Green Space and or Park area as it exists. I DO NOT want to have to see Condos Blocking the View of the Park. This area is supposed to be a flood plane for the Water Pumping Station that exists right there. I also like the open area as it stops the NOISE of the Vehicles Speeding up & Down W. Chicago from echoing across the street into My Backyard. I live at 9444 Hartel St. My Name is Mark Trybus. I have lived here since 1984. 1 worked for the City of Livonia for more than 36 years. Over the years I have noticed that the Planning Commission has made many Boneheaded decisions. You have caused many Businesses to Leave the City. You have also Stopped Many Companies from having a Business here. In fact the Planning Commission was so Boneheaded that we DO NOT have a Downtown Area. We DO NOT have a Entertainment Area. Surrounding areas like Plymouth, Canton, Westland all have these areas. All we have is a Big Money Pit called Greenmeade. We were Not allowed to Use it for Many Music or entertainment type ventures because of the reasons only known to old Fogey's. Again, Please leave Us Citizens some Green Space so that We won't have to Pay a fee to see A Real Blade of Grass in some old Museum." The next email is from Derek Parrott, dated March 1, 2021, and reads as follows: "Livonia Planning Commission, I am sending this e-mail in regards to the proposed condominium development at 28400 West Chicago Avenue between Harrison and Middlebelt Roads in the Northwest Y4 of Section 36. 1 am writing to express my concern and reticence of a condo development smack in the center of our neighborhood. The homes in our neighborhood consist of mid-century homes built primarily in the late 1940s and any 1950s, and possess a consistent aesthetic charm that contributes to our sense of community. If the lot is to be rezoned for residential needs, I would very much prefer that it be developed in a consistent style with the rest of the neighborhood. Looking at the designs for two of Infinity Homes developments in Livonia (Heritage Square and Dover Court) I feel that a glut of twostory condos would be little more than a nice looking pimple on our neighborhood. I choose the word pimple specifically, a blemish is the first thing that will catch ones eye, and similarly, this development would be equally difficult to ignore as a series of nigh -identical two-story condos will quickly dominate the skyline from all directions. If Infinity Homes would like to develop smack in the center of our neighborhood, I think it would be both more appropriate and tasteful, to adhere to the look and feel that March 9, 2021 29908 the community possesses as opposed to slapping down rows of condos that do little to serve or represent the history of our area. Thank you." The last email is from Beth Graham, dated March 8, 2021, and it reads as follows: "My name is Beth Graham and I live at 28815 West Chicago sf. I am concerned about Infinity Homes building on the former Wilson School site. I do not think they should be allowed any exemptions or special waivers. I have visited Infinity Homes nearby development at Park West on Ann Arbor trail and there are issues here which would negatively impact the surrounding neighborhood. Since 2019 or earlier the site at Park West has been bare dirt. I looked at it last year when a few structures had gone up. The site was extremely messy with huge piles of dirt leaking into the nearby streets, piles of trash and rubble. The homes are at least twice the size of the typical homes surrounding, and have the garage as the main feature facing the street which is not a friendly and walkable appearance. As of now, in March 2021, the site appears even worse. This is a road along the outside of the development, equivalent of Harrison or West Chicago st for the site under consideration. Piles of trash, lumber and dirt are out in the open and dirt runs into the street. With the schools nearby and Clements Circle park and pool adjacent to the Wilson School site, there are unattended kids walking by constantly. The sidewalk here have been closed off to hold piles of dirt. The lots under construction, including open foundations, have no fencing or security around them that I could see. There is trash and debris all over, which is blowing against the neighbors fences and into their yards along with the dirt from the are ground. After 2-3 years time only a few houses have completed. What will the impact be on the Clements Circle pool, and to our roads and sidewalks, to have a site like this under construction for many years? There will be dirt blowing off it all summer into the pool. I am also unhappy because the Infinity Homes has stated that they will cut down any existing trees on the property and plant new ones. The mature trees at the corner of W. Chicago and Harrison are of a size that we will not see again in our life time even if new trees are planted. A number of the new evergreen trees planted at Park West entrance already appear to be dying. Here is the Wilson School site in spring. I am not against houses being built here but I would like to see it done in a way that is safe and would add to the community and be a part of it rather than putting up a wall into the middle of if." That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? If not, the petitioner is in the audience. Mr. Soave. I am going to give him an opportunity to address the commission. Is there anybody else with Mr. Soave that we need to recognize? March 9, 2021 29909 Rino Soave, 42400 Grand River, Ste. 112, Novi, MI. I believe Greg Donnan with Arpee Donnan should be on the meeting call. I can't see if he is on the call. Mr. Wllshaw: Yes, he is. I will make sure to give him an opportunity to speak as well. We will start with you. We ask that you start with your name and address. Mr. Soave: To start, if brother Rico with Bellagio Homes who presented last week at the study meeting who is also my partner in the development side of the project was unavailable this evening, so I am pleased to discuss with the commission and potential neighboring residents that are present this new and exciting upcoming development. As I stated Greg Dorman is also with us to discuss any civil questions and I think I heard that Ted Davis is in attendance on behalf of Parks and Rec. Is that correct? Mr. Wilshaw: That is correct. Mr. Soave: So, Ted can discuss if there are any questions regarding the parking lot dedication that Mark explained. As stated, the project is being proposed as is for 35 new single-family homes and they will consist of ranch, story and a half which is your Cape Cod, and two-story colonial floor plans. They consist of a minimum of 1,500 to 2,700 square feet. We typically offer anywhere from 12 to 14 production plans that we build across our communities. We are currently building some in communities across the city, which I will explain in a few seconds. So, we offer a pretty good variety of the plans that we offer, so not every house is going to look the same. We do have control over floor plans that are being built side by side in the neighborhood. So, meaning that one buyer can't come in there and pick... you are illustrating the Traverse model right now ... a buyer can't come in there and say I want Traverse on number 19 with elevation A and then another buyer is going to come in say the I want a Travers on unit 20 elevation A. We have control over that, so it keeps the architectural integrity of the community. The project and scope will be very similar to what we have done and been successful with in the city over the past three to four years. Our family has been building... I, myself have been building in the city for several decades now. To reference a few recent sites that we have done ... the Washington Park community at Amber Road and Hix which was 50 units was done in 2017 to 2019. Heritage Square at Newburgh and Six with it finishing up right now. It is 50 new homes. Also, we are building... and it is in another city, but it is very nearby and someone reference Parkwest. That is an 80-unit home March 9, 2021 29910 community ... single-family home community and with Livonia schools, at Ann Arbor Trail and Farmington. With respect to the overall subject site, over the past several months we have worked with various departments within the city. Our engineers and design team have worked and took into consideration some of the questions and concerns that were raised at the rezoning meetings. For example, many residents have expressed their concern over the limited parking that has been an issue at the swim club during its peak summer months. We worked with Ted Davis office to dedicate a portion of property to provide a community benefit to the residents to alleviate this parking issue. Given some of the site's inherent challenges, we created a buffer, as you can see on the conceptual drawing there, of open space between the property and the adjacent properties. This open space not only serves the community but also serves as a open landscape buffer for the treatment facility that is surrounded by the barbed wire fencing. I was on the meeting last week and it was kind of news to me, and I asked my brother afterward because he referenced the barbed wire fencing, he said this is one of the last... there is only one or two remaining properties within the city that have barbed wire fencing. I thought that was kind of interesting. Like I said, this property is (inaudible) up by the roads and the swim club. The storm water detention facility as referenced on the plan also creates some beauty and creates an additional buffer from the newly formed parking lot and the Emerson community. We believe we came up with what we consider a great plan for this parcel and we look forward to it success. Not only for the city but also for its current and future residents. I am here on behalf of our companies and like I said our engineer is here so let us know if you guys have any questions or concerns that get brought up during the meeting. Thank you. Mr. Wilshaw: Thank you, Mr. Soave. Are there any questions for our petitioner from any of the commissioners? If there are no questions from any of the commissioners for our petitioner, then we do have people in our audience who are wishing to speak for or against this item. Anyone who is wishing to do that please click raise hand so that we can recognize you. We will start with Kim B who has been patiently waiting. We will give her an opportunity to unmute herself and start with her name and address, please. Kimberly Cooley, 28816 Hathaway, Livonia, MI. Like my neighbors, I also live across the street from the current green space, and I am whole- hearted disagreement with the rezoning of this area for residential use and the building of condominiums. I think that building in this area presents a real safety and traffic concern. The speed limit March 912021 29911 already is 35 which is, in my opinion, quite high for the area given that there is an elementary school and a main road not far away. With increased traffic and increased dwellings within that area, specifically with single-family unit homes, I think there is a real potential for an increased population of school aged students and a great increase in traffic, which is already an existing problem in the area. Furthermore, I am in agreement with my neighbor Mark on that I like the green space and my neighbor Beth that those mature trees are special for the area. It would truly be a shame to see those go away because it is true that we have limited public space in Livonia. I think we need to maintain that and really reconsider the use of this area for commercial or rather residential development. Mr. Wilshaw: Okay, thank you Kim. We appreciate your comments. We will take your comments into consideration when we make our decision. Next, we have Frank S. I will give you a chance to unmute yourself and again start with your name and number. Frank Sgambati, 9850 Harrison, Livonia, MI. I wish they could keep those trees there. I have watched those trees grow, but my concern was because of past history with that area. When they started developing ...well, is there any chance of our basements flooding? Because years ago, that was an issue in that area and then the city and the school spent a lot of money and time fixing that area. Now I just hope it doesn't bring back the floods. Mr. Wilshaw: Mr. Sgambati, what we will try to do is give...once we hear from all of the citizens, we will give a chance to our petitioner to address any of the questions or concerns that were raised. What I can tell you is regarding water, storm water management, the requirements of the County for storm water management is much stricter than it has ever been of the past. What happens is that each development that occurs, such as this proposed one, the storm water must be maintained on that site. Any water that collects on that site must be maintained, put into a retention area and then slowly discharged into a sewer system as to not overwhelm it. We often find that these types of developments actually improve the water situation for neighboring properties because it has... right now you have no control system rate on that property, and they will be putting one in. Or. Sgambati: Thank you. Or. Wilshaw: Thank you, sir. The next person on our list is Chelsea Ellis. I will give you a chance to unmute yourself and make your comments. Thank you. March 91 2021 29912 Chelsea Ellis, 28659 West Chicago, Livonia, MI. I have a couple concerns with the proposed project. The first concern being traffic, and usage flow. West Chicago is already a fairly busy street. Harrison is a small street that keeps a pretty good amount itself. The Tulipwood exit on to Harrison might be rather difficult given that Harrison is a smaller street. In general, I think this is a lot of houses to try to put into this corner for the sake of traffic that it is going to generate. Additionally, the corner of West Chicago and Harrison does get a little busy at times, especially at school time. The houses that are proposed to have driveways on to West Chicago, especially lots 1, 2 and maybe even 3 would be difficult to access during those times. West Chicago does get quite a bit of foot traffic as well with students walking to and from school with people heading to the park. I think that is something to consider too as we are looking at the amount of traffic that these houses are going to bring into this area, and we want to keep our pedestrians safe. Thank you. Mr. Wilshaw: Thank you, Ms. Ellis. You were quiet at the beginning, but you did ... we did hear what you were talking about in regard to traffic with both vehicles and pedestrians. We appreciate your comments. Is there anyone else in the audience wishing to speak for or against this item? If so, you can click raise hand and we will give you a chance to speak. We have Karen Baird. You can unmute yourself and introduce yourself with name and address. Please. Karen Baird, 14195 Westmore, Livonia, MI. I have a daughter that lives in the neighborhood. A couple of things about this development that I want to express concern about. One is that retention pond. I know that we have to have retention ponds by modern zoning but the retention ponds that I have seen, they seem more like mosquito swamp generators that really bring down the ability to enjoy the outdoor space in the summer months. I would be interested to know what is going to be done to keep the bug problem down. Another item that I want to ask about or express concern about is just that the type and style of houses that are going into this area, they are not in keeping with the general aesthetic of the neighborhood. I would say they stick out like a sore thumb and will reduce the enjoyment of the area because of the lack of green space. Livonia is so congested. I have lived in Livonia for 35 years and it seems like all the green space has been gobbled up, especially within the neighborhoods. I hate to see it disappear because it takes away the charm. I feel the property values within the neighborhoods. Thank you. March 9, 2021 29913 Or. Wilshaw: Thank you, Ms. Baird. We appreciate your comments, and we are going to ... when we go back to the petitioner, we will ask him if he can address the mosquito and bug control in the retention ponds and what are his intentions are. We appreciate that comment. Is there anyone else wishing to speak for or against this item? If so, please click raise hand. I don't see anyone else. There was one comment that came through the chat and I will read it out so that it is in our record. It is from one of our attendees named Kathryn. She asks "What reason is there to add more homes? Is it just because we can because the land is there? As far as I can see the only reason is so someone can make money by eliminating the only green space that exists in this neighborhood." I wanted to make sure that the comment was recognized. If there is no one else in our audience with comments, I want to go back to Mr. Soave. You have heard some questions from our residents about traffic, both vehicles and pedestrian, and also the trees that exist on that property and also regarding pest management, bug management in the retention pond area and also water management. If you could address some of those issues, I would appreciate it. Mr. Soave: Absolutely. To start with regarding the storm water detention, that is actually .... I am going to pass that one over to our engineer. I want to verify that that is going to be a ... Greg, can you verify if that is going to be a dry pond? If not, we would probably put an aerator in there like we do in a lot of our other communities where the water is actively flowing, and it helps alleviate that problem. I think that Engineering has been trying to get away from the wet pond and do away with... obviously to phase out the live ponds. We have had to go back and modify on several projects. Mr. Wilshaw: Mr. Donnan? Greg Donnan, Arpee Donnan Civil Engineers, 32233 Schoolcraft, Livonia, MI. It is currently proposed to be a dry pond. Mr. Wilshaw: Okay. Thank you. Mr. Soave: That alleviates a big concern. When it came up, I was kind of uncertain about that myself. Engineering has made us go back in the past and modify the water filled ponds to dry ponds. That is reassuring for us as well. With respect to the question regarding greenspace, this used to be, as everyone knows, a former school so at one point I am not sure...I reached out to Livonia Public Schools to see at one point how many children/kids were at this facility. I don't know approximately, but I would assume for it to being an elementary school there had to be at March 9, 2021 29914 least 200 to 300 students I would assume. This is actually... from its prior use was, I know it is green now, but at one point there was obviously a structure there that was removed. So, any trees on site... any trees... especially because of its natural beauty, we try to preserve whatever green space we can on site. You have trees there that have been matured for several decades or who knows, probably over 100 years. Those are nice features when we go and sell a house to somebody. That is nice to have in your front yard, your back yard. We try to preserve anything we can. With respect to the basements flooding, I think you said it Mr. Chairperson, that everything is retained on site. Sanitary is obviously retained separate and the discharge is to a separate sanitary discharge. That shouldn't be a concern. The style of the homes, we know we feel that the homes are built to todays standards. We have done this before with other communities. For example, even in Parkwest not too far down the street from here and granted it is in Westland, but a lot of the same homes are adjacent to Parkwest are also there. We feel it has been a good blend. We have gotten a ton of compliments. We get a bunch of positive feedback on the community and how it was transitioned. Even Washington Park and the surrounding neighborhood is very similar. The architecture is very similar to the surrounding homes at Emerson. I hope that answers some of the questions. Mr. Wilshaw: Thank you, Mr. Soave. Any questions or comments from the commissioners for our petitioner? Mr. Caramagno: Rino, there is a question early on or a comment early on about while the building is being one, controlling the dirt, controlling the site ... with that question, a site of this size, how long from start to finish would this site be disrupted? Mr. Soave: Based on the current housing market, we feel we could probably be sold out, not built out, I would say within 18 months pending nothing unforeseen. I am kind of reluctant to say after last year. I would say about 18 months. Back to the resident's question on that, I guess I forgot to touch on that. That Parkwest was in the middle of its development and obviously we got shut down for COVID so that site sat there for a period of time dormant pretty much through the winter and obviously at this time last year we just sat there until pretty much June when we started. Once we kind of reopened up, getting utilities is a big drag and it still is a drag. We are still having material shortages and labor shortages. As many of you know, that has been a big issue. Not only in Livonia, Michigan, but pretty much across the nation in our industry. To answer your question, we always do our best to March 9, 2021 29915 maintain everything on site. We do have clean up personnel that monitors our sites daily. Parkwest is probably between myself, my brethren's company, like I said it is 80 homes. It has to be one of the busiest housing developments that I have see around Southeastern Michigan. At least, if anyone hasn't been through there, I would encourage you to do that. If not, there has to be at least 35 homes going on there at the moment. It is a busy site. On top of that, during the days and on the weekends, we get an overflow of traffic at our sales office there. It is a busy site. Some cases I agree with the resident what they said. The site isn't always looking its best and I would be lying if I told you every day it is pristine, but when you have that much construction going on it is going to look like a construction site at some point. Mr. Caramagno: Thank you. Mr. Wilshaw: Thank you, Mr. Caramagno. Any other questions for our petitioner from any other commissioners? Mr. Taormina. Mr. Taormina: Mr. Soave, you heard the comment about the dirt and the dust and it potentially getting into the pool. What can you provide this evening in terms of mitigating measures to reduce the likelihood of that happening? If the timing is such that you're timing doing the heavier earthwork is in the middle of the summer, that wouldn't bode well on a windy day depending on which way the wind is blowing. What can you commit to this evening in terms of trying to keep that down to a minimum? Mr. Soave: One thing that I think really helps is having a daily...getting a street sweeper on site daily or as needed. That is really key. With the construction traffic, obviously there are only so many ways to get into this community through the existing neighborhood. West Chicago and Harrison. If we need to get street sweepers out there daily to keep any sedimentation and obviously, we will maintain our soil control measures. That is controlled by the city, so sedimentation is staying out of the storm water system. That is probably the best way for dust control. It is to probably make sure the roads are maintained properly. That is what we do everywhere else. Or. Taormina: What about watering? Or, Soave: As far as while construction activity is going on? Or, Taormina: Yeah. Dust control through watering. Keeping the dust down. March 9, 2021 29916 Or. Soave: That is something that I think we would just take on a case -by - case basis. The days you are going to have heavy winds we would probably have to do that because, like you said, if people are using the pool and that dust is going in there, that isn't good for many reasons. But, for the days you have heavy winds or something, one we may have to refrain from working or two there will be some kind of dust control. Mr. Wilshaw: Thank you, Mr. Soave. Mr. Davis from our Parks and Recreation Department is also with us this evening. Good evening, Mr. Davis. Ted Davis, Director of Parks and Recreation, City of Livonia, MI. To address one of the concerns regarding having the pool next to the construction site, about three or four years ago after completing construction on the Clements Circle Pool, people remember in that neighborhood there was (inaudible) construction with water mains, gas lines, and they used the former Wilson School site as a staging area. So, we were able to withstand that and there was significant construction debris and traffic going on during that time. Although obviously being next to a construction site is less than ideal for a swimming pool and keeping it clean. I do feel confident that we will be able to maintain a quality environment during the construction. Any help that the developer can provide (inaudible). Mr. Wilshaw: Thank you, Mr. Davis. Any other questions or comments from the commissioners? Mr. Soave, just a quick question regarding the lots that are closest to the pool and I believe they would be 241 25, and 26. That will most likely be the ones to cause issues with the dust in the pool area given their proximity to that facility. Is it possible... is there any way to control the timing of when and how houses are built on those lots so that you could minimize construction during the summer pool season? Mr. Soave: Are the concerns from a noise standpoint or going back to dust and that type of.... Or. Wilshaw: I think dust is the greater concern. Or. Soave: I kind of refrain from committing to that because, as many of you know, a buyer comes in and wants to purchase a house I really can't have... if we are signing a contract now and right now our company has a two -to -three-month backlog as a company. For everything that we are starting I would hate to tell someone and will probably lose a sale if I were to say your house won't be ready ... we couldn't start your house until next November or March 9, 2021 29917 maybe like next September when the pool is closed again. What I will commit to is that we will do our best to maintain the dust control and really with single-family housing, the biggest dust control would be during the basement excavation and grading. Really grading is pretty much low density and really you are going to have... once the house is framed and the rough framing is up, there is not a whole lot of dust. Maybe when the masons are out there installing brick, but after that there isn't much else than that. The basement excavation is probably the worst of it. What we could commit to is doing that during certain days where again, weekends are like I said work well because we can't get inspections during the week. We may have to pick certain days to do basement excavation. I think that would be the worst of it, the grading and excavation. Mr. Wilshaw: Okay, so at least on this site you are going to commit to dust control measures to minimize any airborne dust that you can. Mr. Soave: Absolutely. Yes. Mr. Wilshaw: Okay, good. Thank you. Any other questions for comments from any our commissioners? If not, there is one person in the audience wishing to speak again. I am going to... normally we don't want to create a back -and -forth debate, but I do want to give her an opportunity to speak because she has been patiently waiting to at least (inaudible). I want to do that before we close out the public hearing. Ms. Baird, you can unmute yourself and make your comments. Ms. Baird: Yes, I didn't realize before that the builder is Soave who is the Sol e builder who rebuilt the house next door to me when it burnt down in a fire. Soave rebuilt it next door. There have been so many problems. I had mentioned that drainage pond, but I did not realize it was the same people. There were problems with drainage when they built that house. Our land started sloping down pulling away from our house, falling into the pit of the basement basically. Since that time the owners have been so frustrated. They have given up trying to deal with Soave. They are having problems with drainage around the house. Water coming into the house from outside. It just puts my mind in a real state of concern about how they are going to address those kinds of issues if they couldn't take care of it when it was only one house next door to me. How are they going to handle it for a whole neighborhood? I am concerned about the quality of their work. March 9, 2021 29918 Mr. Wilshaw: Okay. We appreciate your comments. We will take that into account. I am going to go back to Mr. Soave for his last comments. Mr. Soave: Just to touch on what that person just said. We have a big family. Everybody is in real estate. Maybe someone else from my family possibly built that house. From a business standpoint it doesn't have anything to do with what we are doing here. Let me be clear on that. I don't typically build existing homes. We typically build the larger communities like this, so I don't recall...I don't' recall Rico building something next to an existing house that burnt down. Just because it has the same last name doesn't mean it is affiliated with this project. Just for the record on that. Mr. Wilshaw: Thank you, Mr. Soave. We appreciate that. I will close the public hearing and ask for a motion. On a motion by Smiley, seconded by McCue, and unanimously adopted, it was #03-09-2021 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on March 9, 2021, on Petition 2021-02-02-03 submitted by Infinity Homes and Company requesting special waiver use approval pursuant to Sections 20.01 and 20.02A of the City of Livonia Zoning Ordinance #543, as amended, to develop a Planned Residential Development under the Single -Family Clustering option (Emerson Oaks), consisting of thirty-five (35) site condominium lots, on the property at 28400 West Chicago Avenue (former Wilson Elementary School site) located on the north side of West Chicago Avenue between Harrison and Middlebelt Roads in the Northwest % of Section 36, the Planning Commission does hereby recommend to the City Council that Petition 2021-02-02-03 be approved subject to the following conditions: 1. That the Master Deed and bylaws complies with the requirements of Article XX, Section 20.01-20.06 of Zoning Ordinance #543, as amended, and the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinances, subject to the following modifications and exceptions: - that the first floor of each condominium unit shall be brick or stone, on all four (4) sides, and the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings. March 9, 2021 29919 that the minimum floor area for each dwelling shall not be less than 1,400 square feet for one-story ranches and 1,600 square feet for multi -story cape cods or colonials. that all exterior chimneys shall be brick. 2. That the Site Plan identified as SH. 1, dated January 19, 2021, prepared by Arpee/Donnan, Inc. is hereby approved and shall be adhered to. 3. That the Landscape Planting Plan and Landscape Notes and Details identified as LP-1 and LP-2, respectively, both dated January 18, 2021, prepared by Nagy Devlin Land Design, are hereby approved and shall be adhered to; 4. That streetlights and sidewalks shall be installed throughout the development to the satisfaction of the Engineering Department. 5. In the event of a conflict between the provisions set forth in the Master Deed and bylaws and the requirements set forth in the City of Livonia Zoning Ordinance No. 543, as amended, the Zoning Ordinance requirements shall prevail, and the petitioner shall comply with the Zoning Ordinance requirements. 6. That the petitioner shall include language in the Master Deed and bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities. 7. That the petitioner shall comply to the satisfaction of the Engineering Department the recommendations as outlined in the correspondence dated February 10, 2021 by the Department of Public Safety, Livonia Fire and Rescue, with respect to the location and spacing of fire hydrants. 8. The developer and all contractors and subcontractors shall employ best management practices to prevent, reduce and mitigate the problems associated with soil erosion and airborne dirt and dust from migrating off -site, including provisions for erosion control barriers, daily street sweeping, watering, and halting earthwork activities on days when the wind conditions are likely to cause a problem. March 9, 2021 29920 9. That only a conforming entrance marker is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals. 10. That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; and 11. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one (1) year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #3 PETITION 2021-02-08-01 Gargaro Construction Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021- 02 08-01 submitted by Gargaro Construction requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to remodel the exterior of the commercial strip center at 33527, 33529 and 33535 Seven Mile Road, located on the south side of Seven Mile Road between Farmington Road and Myron Avenue in the Northeast'/4 of Section 9, Mr. Taormina: This involves property on Seven Mile Road on the south side just west of Farmington Road. The zoning is C-1 (Local Business). This project involves exterior renovations to two adjacent commercial buildings that are under common ownership. Combined, the two buildings have about 5,000 square feet of area and their setback is 50 feet from Seven Mile Road. As you can see from the aerial, off-street parking is available in front of March 9, 2021 29921 the buildings with some additional parking located at the rear. The proposal is to essentially unify the appearance of both buildings. As you can see, they have similar heights, as well as similar materials. As proposed the north facing fagades would be completely remodeled. The existing brick would be replaced with new brick and cultured stone. There would be a tower element created for the entrance on the building to the east. Additional design features include an accent band across the center of the building. There would be wood beams, as well as a suspended canopy provided at the tower above the entrance way. Smooth metal panels across the top and a new opening that would be installed adjacent to the west entrance. The remaining back portion of the building would be repainted in order to match the new color scheme. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: The first item is from the Engineering Division, dated February 4, 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 project at this time. The proposed project is located on two separate parcels that are assigned the addresses of #33527 and #33535 Seven Mile Road. The existing building is currently serviced by public water main and sanitary sewer, as well as private storm sewer. The submitted drawings do not indicate revisions to the building services, so we do not believe there will be any impacts to the existing systems. It should be noted that the developer may be required to obtain a Wayne County permit, should any work occur within the Seven Mile Road right-of-way. " The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated February 10, 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." The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated February 3, 2021, which reads as follows: `I have reviewed the plans in connection with the petition. I have no objections to the proposal. " The letter is signed by Scott Sczepanski, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated March 9, 2021, 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 March 9, 2021 29922 March 5, 2021, which reads as follows: " I have reviewed the addresses connected with the above noted petition. The following water bill charge is due to the City of Livonia: Water Bill charge (33535 Seven Mile Road): Total Due City of Livonia: $ 584.18 Please contact me if you have any further questions." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated February 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 there are taxes due, but they are not delinquent until March 2, therefore I have no objections to the proposal."The letter is signed by Lynda Scheel, Treasurer. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? If not, Mr. Taormina, one quick question. I know at our study meeting we talked briefly about the color rendering and the accuracy of the color that is on the screen that we see. Did you hear any more about that? Mr. Taormina: That information was relayed to the petitioner who is raising his hand right now and hopefully he has some additional information for us. But yes, he is aware of that question that was raised at the study meeting. Or. Wilshaw: Okay, great. We will find out from the petitioner more about that. If there are no more questions for our planning staff, I am going to go to Mr. Gargaro who is in our audience. Good evening. You can unmute yourself and start with your name and address. Mario Gargaro, 33527 Seven Mile Road, Livonia, MI. A couple of things. After our conversation with Scott Miller, right off the bat he had mentioned a second tower over this second set of doors to the right-hand side, which we have added to these elevations. I can email them back over. I got them back a little late to send them to him last Friday, but I can email them back to him tomorrow so you guys can take a look at that. In regard to the selections, I have actually got a sheet of selections that I could even put together... some of the actual selections to bring in if that would be helpful. I do have names and model numbers of stones and paints and that type of stuff if that would be helpful. Or. Wilshaw: Normally we like to see material samples and of course we are usually in person to actually see them. It is a bit more difficult with this whole Zoom thing. If you could at least describe the colors to use so we can understand... are we looking at a shade March 9, 2021 29923 of black or a shade of grey or blue grey? What exactly are you proposing? Mr. Gargaro: The brick there is more of a bronzish grey. So, it would almost be like a dark grey almost you would call it. I know that it doesn't look like that here. The paint color we would be matching is called Urbane bronze. It is a Sherwin Williams color. SW7048 if you want to look it up. That would be kind of representative of the tone of the brick. Almost like a dark bronzish color. Mr. Wilshaw: Okay, good. That helps. Do we have any questions from any of our commissioners for our petitioner? Mr. Bongero: Just one quick thing. I think its great. It came up at the study meeting... Pete brought it up. The post sign in front of the building. In the middle of parking lot. Is that coming down? Mr. Gargaro: That wasn't in the plans. That's grandfathered in and actually the building to the right ... we own the building. It was the old Bell's bike and puck and now it's a HVAC company. We lease it. To be honest, that is where that water bill comes from. We will get with him tomorrow to make sure it gets paid, but we hadn't planned on taking it down. We are open to suggestions. Mr. Gargaro Sr.: In all honesty that has been grandfathered in. They rented the building from us and that sign was there. Obviously he is using it to put up his sign. We need to talk to him about it. That is part of his lease. Mr. Bongero: Okay. I was just inquiring. It came up last week and we needed clarification on it. Mr. Gargaro Sr.: You wouldn't be able to put that up now, but obviously they are already there so ya know... Mr. Bongero: Thank you. The building looks great. Mr. Gargaro: Thank you very much. Or. Wilshaw: Thank you, Mr. Bongero. Any other questions for our petitioner? If not, I will go the audience and see if anyone in the audience wishes to speak for or against this item. There aren't too many folks left. If so, click raise hand. I don't see anybody wishing to speak for or against it. I will go back to Mr. Gargaro. Do you have any other comments you would like to add before we make our decision? March 9, 2021 29924 Mr. Gargaro: No. Would you like some of these samples brought in? I could drop them off with Scott Miller or what would be the best way to approach that? Mr. Wilshaw: Mr. Taormina, what is your feel on that? Mr. Wilshaw: Yeah, why don't you coordinate with Mr. Miller to have those samples delivered and the new renderings provided. This item still has to go before City Council. Mr. Gargaro: I understand. WiII do. I will email over the new elevation rendering with the second tower tomorrow morning, so he has that. Mr. Gargaro Sr.: It is going to be a huge benefit for the City of Livonia. It will look real nice. Mr. Wilshaw: Yeah. That way our planning staff can make sure that the information gets passed on to City Council for their review and a chance to look at it if they wish. Mr. Gargaro: Fantastic. Mr. Wilshaw: Ms. Smiley. Ms. Smiley: Yes, is there any discussion with Primo's Pizza about fixing that place up. Mr. Gargaro: We thought about mentioning it to Dominic. Mr. Gargaro Sr.: He wanted to know what I was going to do. We haven't shown hiIII this yet. They are going to have to step up. You're right. Mr. Gargaro: I could mention it to Dominic though. We talk with him all the time. It would be nice to see the whole thing kind of uniform and even. Ms. Smiley: Yes, it would be a welcome addition. Or. Gargaro: Okay, I will mention it to Dominic to see if he wanted to get on board. It would be nice to see...like you said (inaudible) Or. Wilshaw: Any other questions or comments from any other commissioners? Or, Ventura: I direct this to Mr. Taormina. In my packet I can't find any letter from the water department regarding delinquent water bills. I do March 912021 29925 have a letter from Connie Kumpula, Chief Accountant regarding delinquent False Alarm charges. It is almost $2,900. Mr. Gargaro Sr.: We never had that our location. I don't know what our tenant might have did. Mr. Gargaro: Yeah. That could have been something...the space next door is rented by a HVAC company. I would have to check with him to see if that was something that went on there. It's definitely not our building those couldn't be from. I could check with the tenant tomorrow to see what that is all about. Mr. Ventura: Mark, do these charges go with the property like water bills do? Mr. Taormina: I don't see those false alarm charges. The letter I am looking at from the Finance Department only references the water bill and I am not even sure that is delinquent. It just says that there is a water bill due. Mr. Wilshaw: Yes, Mr. Taormina, on page138 of our electronic packet there is a letter dated February 19, 2021 from Connie Kumpula about a false alarm delinquent charges of $2,852,50. Mr. Taormina: I don't have that in front on me. I apologize. The Council will not act on this if there are any past due amounts whether it is this property or the next one. If it involves this property that is under petition, they will make sure it is paid before they take final action. Mr. Gargaro Sr.: We paid our water bill. I know the building belongs to me and the water bill goes to them and if they actually haven't paid it I was unaware of that. We just found out last week that those things were delinquent. We will make sure it is taken care of. Mr. Wilshaw: Mr. Ventura, are you okay? Mr. Ventura: I am good with that. Thank you, Mr. Taormina. Mr. Wilshaw: Any other questions or comments? As. Smiley: One more. I'm sorry I had a communication problem there. What was the conversation about those signs on a pole. Mr. Gargaro Sr.: There isn't much I can do about that. It really belongs to the tenant that we lease the building to. That was grandfathered in with the new sign. Obviously, we can dress it up and fix it up and make it look a little bit better. It is what it is at this point. March 93 2021 29926 Ms. Smiley: So, he wants to leave it up? Mr. Gargaro Sr.: As far as I know he does. Ms. Smiley: Okay. Because the City is really trying to get away from those. Mr. Gargaro Sr.: I understand that. Ms. Smiley: And how about in your parking lot too? Isn't it kind of ... Mr. Gargaro: It makes it little difficult. Ms. Smiley: Yeah. Mr. Gargaro Sr.: It does. I am not going to say that is not true. For the two buildings that we have, we do have plenty of parking to service the buildings itself. Obviously, Primo's park in our lot a lot too, his clients and his purchasers that buy his goods. The only reason those bumper posts are there is because everybody was backing into the sign causing problems. Ms. Smiley: Okay. If you can get rid of it...it might be better. Mr. Gargaro Sr.: We will see what we can do. Ms. Smiley: That would be great. Mr. Wilshaw: Okay, thank you. Anyone who makes a motion is free to add language regarding the sign if they wish. That is not something that is unheard of as far as to do's. Any other questions or comments from the commissioners before we ask for a motion? I don't see any other questions or comments.so I will ask for a motion. On a motion by Bongero, seconded by Caramagno, and unanimously adopted, it was #03-10-2021 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2021-02-08-01 submitted by Gargaro Construction requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to remodel the exterior of the commercial strip center at 33527, 33529 and 33535 Seven Mile Road, located on the south side of Seven Mile Road between Farmington Road and Myron Avenue March 9, 2021 29927 in the Northeast '/ of Section 9, be approved subject to the following conditions: 1. That the Exterior Elevations Plan prepared by GM Associates, as received by the Planning Department on February 1, 2021, is hereby approved and shall be adhered to. 2. 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. 3. That no LED light band or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows. 4. That unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited. 5. 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 6. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one (1) year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Mr. Wilshaw: Mr. Bongero, since we did have discussion about that pylon sign, is there any intention or desire to add any language about he sign or would you rather leave it grandfathered? Mr. Bongero: I'm fine with it. Just leave it grandfathered. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go onto City Council with an approving resolution. ITEM #3 PETITION 2021-02-08-02 Quatro Construction L.L.C. March 9, 2021 29928 Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021- 02-08-02 submitted by Quatro Construction L.L.C. requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to remodel the exterior of the commercial strip center (Plymouth Shoppes) at 29195 thru 29215 Plymouth Road, located on the south side of Plymouth Road between Garden Avenue and Middlebelt Road in the Northwest 'Y4 of Section 36. Mr. Taormina: This petition is similar to the last, in that it involves renovations to an existing commercial building. This one is on the south side of Plymouth Road, just east of Middlebelt Road. The zoning is C-2 (General Business). The site size is roughly 1.1 acre with 160 feet of frontage on Plymouth Road. Plymouth Shoppes is a multi - tenant retail center that contains a gross floor area of a little over 11,000 square feet. As you can see from this aerial photograph, the off-street parking is located in the front as well as the rear of the building. The building's existing fagade consists of brick with large storefront windows. Tenant signage is in the form of multiple fabric awnings that extend across the upper part of the building above the windows. The proposed improvements include replacing the storefront windows, removing the awnings and adding a series of new parapet walls that would extend above the building's existing roof line, raising the overall height by about six feet eight inches to a top elevation of just under 24 feet. As you can see, the new fagade elements vary in height and width. They consist of different materials and textures, designed to make the building appear as if it has off -sets and some relief along the storefront elevation. The building materials will include a combination of stack stone, which is cultured stone, a long board, which I believe is an aluminum product or composite, and then brick, as well as limestone. There is a metal cap that will run along the top edge of the parapet. The new design element would wrap around the east and west elevations for a distance of roughly 10 feet on either side. No other changes or improvements are proposed as part of this petition. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: The first item is from the Engineering Division, dated February 5, 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 project at this time. The parcel is assigned an address range of #29195 thru #29215 Plymouth Road with the address of #29195 Plymouth Road being assigned to the overall parcel. The existing building March 9, 2021 29929 is currently serviced by public water main and sanitary sewer, as well as private storm sewer. The submitted drawings do not indicate revisions to the building services, so we do not believe there will be any impacts to the existing systems. It should be noted that the developer may be required to obtain a Michigan Department of Transportation (MDOT) permit, should any work occur within the Plymouth Road right-of-way."The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated February, 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. " The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated February 8, 2021, which reads as follows: "I have reviewed the plans in connection with the petition. I have no objections to the proposal." The letter is signed by Scott Sczepanski, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated March 9, 2021, which reads as follows: "Pursuant to your request, the above referenced Petition has been reviewed. 1. The parking lot shall be repaired and restriped as necessary. Parking spaces shall be 10' wide and 20' deep and double striped. This Department has no further objections to this Petition." The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Finance Department, dated March 5, 2021, which reads as follows: " I have reviewed the addresses connected with the above noted petition. The following water bill charges are due to the City of Livonia: Water Bill charges (29195 Plymouth): Water Bill charges (29199 Plymouth): Water Bill charges (29215 Plymouth): Total Due City of Livonia:$ 939.35" The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated February 8, 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, there are no taxes due, therefore I have no objections to the proposal. " The letter is signed by Lynda Scheel, Treasurer. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? If not, our petitioner I believe is in the audience, Mr. Quatro. I am going to give you an opportunity to introduce yourself and add anything else that you would like to. Tom Quatro, 201 N. Park, Ypsilanti, MI. We are the contractor on the job. The long board is an aluminum panel. It is a wood grain. We have used it in quite a few other areas. The cultured stone is there. March 91 2021 29930 As it is described, the limestone is one inch thick, and it goes on to the thing much like the cultured stone. Basically, it is just a facelift. It is a dated center, and the tenant wants to ... the owner of it wants to bring it up to a little more attractive to gain new tenants. There was some mention of the back parking lot. That is in the next year project. They do want to do that and take care of that area in the back, although they want to attract a couple new tenants first and gain some funds in order to do the back area. That is about it. Mr. Wilshaw: Thank you, Mr. Quatro. Are there any questions or comments for our petitioner? Ms. Smiley: Are these colors pretty accurate? Mr. Quatro: Pretty accurate. The limestone is a little whiter than shown on here. The greys come across really well when you render. The limestone for some reason it gets almost greyish. It is natural limestone. Ms. Smiley: Okay. Then that... is that wood looking or kind of... Mr. Quatro: Yeah, that has a wood grain. That is called a rose color. I can drop off samples as well. It is a... it is an engrained wood grain inside the aluminum, so it looks like wood. It lasts forever. Ms. Smiley: It is very attractive. Thank you It is probably good if you drop them off because Council likes to actually look at them. Mr. Quatro: Okay. Ms. Smiley: Okay. Thank you. Mr. Wilshaw: Are there any other questions for our petitioner? If not, we will ask if there is anybody in the audience that wishes to speak for or against this item? Please click raise hand. I don't see anybody doing that. A motion would be in order. On a motion by Ventura, seconded by Long, and unanimously adopted, it was #03-11-2021 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2021-02-08-02 submitted by Quatro Construction L.L.C. requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to March 9, 2021 29931 remodel the exterior of the commercial strip center (Plymouth Shoppes) at 29195 thru 29215 Plymouth Road, located on the south side of Plymouth Road between Garden Avenue and Middlebelt Road in the Northwest'/4 of Section 36, be approved subject to the following conditions: 1. That the Exterior Elevations an identified as Sheet No. A- 3.11 dated February 2, 2021, as revised, prepared by Mohamed Nasri Bazna Engineer, is hereby approved and shall be adhered to. 2. That in within a period of one (1) year from the date of approval by City Council, the site's front and rear parking lots shall be repaired, resealed, and restriped as necessary to the satisfaction of the Inspection Department. Parking spaces shall be doubled striped at ten feet (10) wide by twenty feet (20) in length. Also, within that same time frame, the site's trash dumpsters shall be enclosed. That the three walls of the trash dumpster areas shall be constructed out of building materials that shall complement that of the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. 3. 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. 4. That no LED light band or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows. 5. That unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited. 6. 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 7. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one (1) year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. March 9, 2021 29932 Mr, WIIShaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #6 APPROVAL OF MINUTES 1,165th Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,165th Public Hearings and Regular Meeting held on February 23, 2021. On a motion by Caramagno, seconded by Long ,and unanimously adopted, it was #03-12-2021 RESOLVED, That the Minutes of 1,165th Public Hearings and Regular Meeting held by the Planning Commission on February 237 2021, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Long, McCue, Smiley, Bongero, Ventura, Caramagno, Wilshaw NAYS: None ABSENT: None ABSTAIN: None Mr, Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,166rd Public Hearings and Regular Meeting held on March 9, 2021, was adjourned at 9:23 p.m. CITY PLANNING COMMISSION Sam Caramagn , S cretary ATTEST: Ian Wilshaw, airman