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HomeMy WebLinkAbout1,172 - July 13, 2021 signedMINUTES OF THE 1,172"d PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, July 13, 2021, the City Planning Commission of the City of Livonia held its 1,172"d Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7 p.m. Members present: David Bongero Sam Caramagno Glen Long Betsy McCue Peter Ventura Ian Wilshaw Members absent: Smiley Mr. Mark Taormina, Planning Director, and Stephanie Reece, Program Supervisor, were also present. Chairman Wilshaw informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their filing. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2021-06-01-04 Speedway L.L.C. Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2021- 06-01-04 submitted by Speedway L.L.C. pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the properties at 13950 Merriman Road and 31324, 31330 and 31374 Schoolcraft Road, located on the northeast corner of Schoolcraft and Merriman Roads in the Southwest '/4 of Section 23, from C-1, Local Business to C-2, General Business. July 13, 2021 30055 Mr. Taormina: This petition seeks to rezone four properties located at the northeast corner of Schoolcraft and Merriman Roads. The purpose of the rezoning is to allow for the redevelopment and expansion of the existing Speedway Gas Station. The change would be from C-1 (Local Business) to C-2 (General Business). The rezoning is necessary because gas stations are treated as a waiver -use in a C-2 zoning district and are not allowed in a C-1 district. The existing facility operates as a valid non -conforming use. Four parcels make up the site. They are all owned by Speedway. The corner property is the location of the existing Speedway Gas Station. This is identified on the survey as Track 1. This property measures approximately 150 feet in width along Schoolcraft by 130 feet on Merriman. The other three parcels include the one immediately north of the gas station which contains the former Bai-Lynn Party Store. This is identified as Track 2. It measures 45 feet by 150 feet. Next is the parcel immediately to the east of the gas station which contains a one- story office building. It measures 70 feet by 300 feet and is identified as Track 3. Finally, the last parcel to the east, which also contains a one-story office building, measures 90 feet by 300 feet and is identified as Track 4. To familiarize everyone with this survey, this is the existing gas station building and the structure immediately to the north is the former Bai-Lynn Party Store. This next parcel to the east is the office owned by Speedway, followed by the other office owned by Speedway. The surrounding properties to the west across Merriman and partially to the north are commercial and bordering the site to the east and north are single-family homes with frontage on both Schoolcraft Road and Kendall Street. The proposed redevelopment project involves demolishing and removing the current gas station building, as well as the former Bai-Lynn Party Store and the office building that is at 31324 Schoolcraft, which is Track 4, and constructing a new gas station. The existing office building at 31330 Schoolcraft that is immediately to the east of the site, would remain and be utilized by Speedway for office purposes. The preliminary site plan shows a new 4,600 square foot gas station building positioned in the approximate location of the former party store. The new building would be setback approximately 117 feet from Schoolcraft and 62 feet from Merriman. Extending along a majority of the site's frontage on Schoolcraft, the plan shows ten fuel pumps configured in a single row with one large overhead canopy that would measure 28 feet by 241 feet. Each pump would be equipped to accommodate two vehicles, one on either side, with a total capacity of 20 vehicles. Required parking is computed on the size of the gas station at a ratio of 1 space for each 150 square feet of usable floor area, as well as the size of the general office building at a ratio of 1:200 square feet. For the July 13, 2021 30056 gas station, 25 parking spaces are needed and for the office building, 28 spaces. That brings the total to 53. The current plans show 51, which results in a slight deficiency. Site access would be from the three existing driveways which includes the two on Schoolcraft and one on Merriman. The Future Land Use Map shows the property at Corridor Commerical, which is suitable for the proposed rezoning and use. 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 June 11, 2021, which reads as follows: `In accordance with your request, the Engineering Division has reviewed the above referenced petition. The properties associated with the project are assigned the addresses of #31324, #31330 and #31374 Schoolcraft Road, as well as #13950 Merriman Road. The legal description for the parcel submitted with the drawings appears to be correct, and should be used for future submittals. We have no objections to the proposed rezoning at this time, although the following items should be addressed prior to submitting plans for site plan approvals: The submitted drawings do not indicate any information for utility service leads or proposed water and sewer demands for the proposed development. Without this information, we cannot determine impacts to the existing systems. It should be noted that the developer has been in contact with this office and they are aware of the Engineering requirements for the proposed project. Storm sewer, including storm water detention will be required per the Wayne County Storm Water Ordinance. We will perform a full review of the utilities once full engineering drawings are submitted to this Department for permitting. Please note that any work within the Merriman Road right-of-way, including excavations for service connections will require permits through the Wayne County Department of Public Services. " The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Finance Department, dated June 10, 2021, which reads as follows: "I have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated June 11, 2021, which reads as follows: `In accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted petition. At this time, there are no outstanding amounts receivable for taxes. Therefore, I have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. The last letter is from July 13, 2021 30057 the Department of Assessment, dated June 11, 2021, which reads as follows: "The Department of Assessment has reviewed the proposal submitted by Speedway to rezone the properties at 13950 Merriman- parcel 091-03-0014-002; and 31374 Schoolcraft parcel 091-03-0014-001; and 31330 Schoolcraft- parcel 091-03-0014-005; and 31324 Schoolcraft- parcel 091-03- 0014-006. Based on the rezoning plans a request to combine the 4 parcels should be submitted to the Department of Assessment. The Lot Split/Combination procedures can be found on our Website @ Livonia.gov". The letter is signed by Kathie Siterlet, City Assessor. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Mr. Bongero: Did we ever figure out exactly how Tony Baloney's parking is going to be affected? Mr. Taormina: We are in discussion with the petitioner regarding the circumstance there. It has not been fully analyzed, nor have we reached out to the adjacent property owner other than the public hearing notice. That is something that we plan to do should this move forward to a site plan review. Mr. Bongero: Okay, thank you. Mr. Wilshaw: Thank you, Mr. Bongero. Any other questions for our Planning Director? Mr. Ventura: I note that the eastern most parcel is going to strictly serve as a parking lot for the office building that will remain. Is there another zoning category that we could change that to or leave it zoned the way it is instead of changing the zoning? Since it is only going to serve for parking Mr. Taormina: To answer your question on whether the current zoning could remain, yes it could, as long as at least one of the pumps is eliminated. If you look at the plan, the last pump extends east enough that it falls on the property. Allowing a pump at that location would require C-2 zoning. Elimination of at least this one pump, you could keep this eastern most parcel zoned C-1 or consider an alternate parking designation, such as parking. That is a separate category. Jr. Ventura: So, in line with the comments that were made at our study session, if we reduce the number of pumps and I understand that we wouldn't do that tonight because this is strictly zoning, but we July 13, 2021 30058 could in effect reduce the number of pumps by simply keeping the zoning on that parcel? Mr. Taormina: That is correct. If the decision is made to just change the zoning on the three parcels and not on that east parcel, that would restrict their abilities. Mr. Ventura Mr. Wilshaw: Thank you. Thank you, Mr, Director? If communication Division? Mr. Taormina: No. Ventura. Any other questions for our Planning not, Mr. Taormina, did you receive any at all from the Police Department, Traffic Mr. Wilshaw: I wasn't sure if we received anything given that there was some concern. Mr. Taormina: On the site plan there will be. Mr. Wilshaw: Okay, good. That is a good Segway to remind everyone that as we embark into this petition that we are looking at a rezoning request. A lot of times these petitions come to us in two parts. First is a rezoning request to change the zoning to some particular use and then what we will do in this meeting tonight is focus on the discussion around the zoning. There will be some discussion about the site plan that we have seen before us. It is conceptual at this point. We are not going to dive into the details of that site plan. That would come to us in a second process where we would do the site plan approval. Just so you understand how that works. It is a two-part process. Zoning is first and then site plan. With that, out petitioner is here. We will need your name and address for the record please. Mandy Gauss, 13060 South US Hwy. 27, DeWitt, Michigan, 48820. Thank you for having us here tonight. To kind of point out...l know you kind of already went over it pretty well so I won't rehash everything that has already been said. In comments of not rezoning that last parcel, I would be concerned with the underground storage tanks being on that parcel. Also, with the discussions from last time, I went back to Speedway and discussed the options of dropping a dispenser. With that we would also like to get some green space on the left side so it would shift... it would be 24 feet, so it would be shifiting 12 feet and getting some green space and opening that drive more. It would then benefit both. I don't know if that shift would work, if that makes sense. If that whole parcel was July 13, 2021 30059 not rezoned. That way it would allow more landscaping along Merriman in order to have some additional trees and shrubs along that right-of-way as well. Mr. Wilshaw: I am sure we will have some more discussion about that as we proceed. Is there anything else you would like to tell us about your petition before we get into questions? Mr. Gauss: No. I think it was well explained. If you guys have any questions, I would be happy to answer them. Mr. Wilshaw: Thank you, Ms. Gauss. Do we have any questions from any of our commissioners for our petitioner? Ms. McCue: Thank you. You were probably very clear, and I just didn't get this, but explain a little bit more about what you are talking about. Are you saying you would go from 10 to 9 pumps? Ms. Gauss: Yeah. We were looking at was going from 10 to 9 and that would give us 24 additional feet because that is what is between the dispensers. With that shift we would look at doing half of it on each side so then we would have that additional 12 feet in the green scape on the left and then it would open that driveway on the right a little more to kind of balance it more. Ms. McCue: Okay, thank you. Mr. Wilshaw: Thank you, Ms. McCue. Mr. Long? Mr. Long: So, without digging to deep into the site plan, I know what you are talking about. I really on have a problem with the zoning change. My concern is going to be with the site plan, with the driveway, with the traffic coming in from the Michigan left and turning in there and the way it is drawn up right now. If someone comes across in a hurry to beat traffic and you have a pump right there kind of straight ahead from that driveway... there is no way I will be a yes on the site plan that is like this. I understand the demand out there. I understand why you want to go to 10. I think it fits eight better, but we will look at nine with an open mind. I guess that was long winded and I have no question, but I was just kind of making my comments for the record. Thank you. As. Gauss: Thank you. Mr. Wilshaw: That is fine, Mr. Long. Any other questions or comments from any of our commissioners? July 13, 2021 30060 Or. Caramagno: This prototype, this Speedway here, is this similar to what we are looking at what is being built at Seven Mile Road and Newburgh right now? Ms. Gauss: Yes, it is the same size building. It is very similar. Mr. Caramagno: I think you said at the study meeting... will this have a restaurant or no restaurant? Ms. Gauss: It will not have a restaurant. It will be a food destination location. It will be grab-n-go type hotdogs, pizza, sandwiches, that are all hot and ready in the cookers. Mr. Caramagno: Okay, thank you. Ms. Gauss: Yep. Mr. Wilshaw: Thank you, Mr. Caramagno. Any other question or comments from any of the commissioners? Mr. Ventura: Just to clarify, I am looking at the site plan that is up here. That is the one you brought to us at the study session. That has not been reduced. Ms. Gauss: Correct. This is the...we just made it colorful, so it was easier to see what is there. Mr. Ventura: Where would the additional landscaping go? Ms. Gauss: If we took away one of the dispensers along the front, it would add additional landscaping on the actual other side...the left side along the right-of-way. It would then open up the driveway some on the right side by basically shifting that halfway...12 feet each way, I guess. Basically taking 12 feet off each end if you think of it that way. Mr. Ventura: So, you cut it down by one dispenser but then slide the dispensers east? Ms. Gauss: Yes. So, we would slide it ... depends on east or west. It is basically taking a dispenser off one of the ends then recentering it where it is right now. I didn't want to beat this to death, but I just wanted to understand where the additional landscaping could be. Thank you. Mr. Wilshaw: Thank you, Mr. Ventura. Any other questions from any of our commissioners? If not, we are going to check to see if there is July 13, 2021 30061 anyone in the audience that wishes to speak for or against this item? Feel free to come forward. We will just ask that we have your name and address for our minutes. Ethar Alkarawi, ASE Properties, we currently own Tony Baloney's. We are objecting to the rezoning of the 13950 Merriman Road due to the fact that the parcel 13950, formerly known as Bai-Lynn, and parcel 13976 Merriman, which is Tony Baloney's, are combined parcels for parking and drive. There is a 99-year easement for the egress and ingress going to the public roadway. There couldn't be any structures that would or fences that would hinder that access to the public roadway. I submitted a survey plan to the commission pre-COVID. It was during the first rumblings when Speedway was in the process of buying properties, the clinic and whatnot. I also have one with me today if anyone wants to take a look at it. Our main thing is the fact that there is no possible way for the customers of Tony Baloney's to enter or leave without using the Bai-Lynn in order to reverse and also go forth. If there is any kind of encroachment, whether it is the location of the structure, the fencing, whether demolishing, any kind of land use in that area that is contrary to that right-of-way it is in violation of that easement. That is also recorded in the Wayne County records, the survey plan, the land titles... the land surveyor has the meets and bounds, so I am surprised that no one has approached us in regard to that once they did buy the property. They had these site plans constructed and there was no meeting of the minds where we would actually have a discussion on how that would go going forward. Mr. Wilshaw: Very good. Thank you, ma'am. If you would like to hand a copy to our planning staff, they will make sure that it is included in our record as it moves forward. Mr. Taormina? Mr. Taormina: If I could just ask a question. Could we please get your contact information, and are you available to maybe come back to City Hall so that we could make a copy of that document? Ms. Alkarawi: Sure. Mr. Wilshaw: Thank you, Mr. Taormina. Anybody have any questions? Or. Caramagno: Is this part of the discussion you said you were having and engaging with the neighboring property or is this something new to us? Mr. Taormina: Since this petition was filed, there has been no direct contact between the city and the owner of the property. The petitioner's July 13, 2021 30062 ALTA survey does not indicate any type of encumbrance or easement on the properties that were mentioned. That is something that Speedway is going to have to resolve. If it was recorded as indicated, it should be discovered as part of the title search and reflected on the survey. I don't know if it has to necessarily have to slow down this rezoning process. The rezoning... it is the site plan that is the critical issue. Mr. Wilshaw: Right, placement of buildings. Mr. Taormina: It is the placement of buildings and everything else and whether or not any easements that are recorded that are going to be respected as is or altered. That is something that would be considered part of the waiver -use and site plan review process. Mr. Caramagno: Is that more an easement for utilities or cross parking type deal? Mr. Taormina: Here is the situation. It is rather convoluted going back through the history files. I have had some contact in the past with the owner of this property, but years ago the Bai-Lynn party store was owned in common with the property that is now Tony Baloney's. It was originally a florist, I believe. The properties were separate and then they were combined under single ownership. At some point following that, they were once again separated in ownership. It has this long history of both separate and common ownership. When they were commonly owned, the parking functioned as a single lot. There was cross -access between both properties, as well as cross parking. Those agreements were never really something that we could locate in our files. They were alluded to, but there was nothing that we could find that was recorded. The driveway runs right through the property line with parking on either side. It is going to be necessary to maintain some amount of driveway on the Speedway property, on the former Bai-Lynn property in order for the parking to function properly on Tony Baloney's. This is what needs to get resolved between the parties most certainly. Mr. Caramagno: Thank you. As. Alkarawi: I am sorry to interrupt. You are correct. What happened was the florist shop as well as Bai-Lynn was sold to... it was actually my parents, and they had both properties. They leased out the florist shop and it turned into Tony Baloney's for the restaurant. Unfortunately, my parents became deceased, and we had to sell the business. We ended up selling to another person and unbeknownst to us, Tony was the one the approached us and let us know that they sold Bai-Lynn and it was to Speedway. That is July 13, 2021 30063 kind of how this ball started getting rolling. Throughout those years I want to say 30+, 40+ years, you guys know that it is a standing staple. It was used the same way throughout. I remember the clinic actually wanted to build a fence to kind of expand the area and they couldn't because at the same time it was an encroachment on the easement, so it was objected to and they never ended up having that happen. So, it has just been ... what I have is a warranty deed, the meets and bounds, the survey, as well as yourself that from the date because this was before digital, before anything, so it is on paper. That is what I have too. Mr. Wilshaw: Very good. Mr. Bongero? Mr. Bongero: Just a question. Who maintains the parking lot and who owns it? Ms. Alkarawi: So, Tony has been doing a good job a maintaining it since it is a vacant building, but at the time when Bai-Lynn was previously owned it was Bai-Lynn on their side and Tony on their side. Tony has been doing both. Mr. Wilshaw: Mr. Taormina? Mr. Taormina: There was recent paving done on the Tony Baloney's property. Is the southerly edge of that paving right at the property line? Do you know? Ms. Alkarawi: I am not sure of that. I would have to double check that. Mr. Taormina: The reason I ask that, Mr. Chairman, is that for anyone that wants to visually see where that property line is, I believe it is along the mew pavement line. You can see the new pavement on the Tony Baloney's property as opposed to the older pavement on the former Bai-Lynn property. It gives you a good idea of the circumstance. Mr. Wilshaw: Good. Any other questions for this resident that is here? Mr. Long? Jr. Long: Actually, it is for Mark. If we went forward and changed the zoning today and then they were unable to come to any kind of agreement or resolve all of this, we aren't doing any harm to the existing gas station? Or. Taormina: I don't believe so. First this has to go before Council. Council does not officially change the zoning until the site plan has been reviewed by the Planning Commission and then it finds its way July 13, 2021 30064 back to Council. Again, we can move forward with not committing anything at this point. Mr. Long: Thank you. Mr. Wilshaw: The point that was just made is important because as Mr. Taormina just stated, we are a recommending body. We are going to either recommend an approval or denial of this zoning and we would be recommending it to City Council. It will go to City Council and they will have a first reading and a second reading. What they will usual do then is that they will hold the item for a vote and they will wait on the vote until the site plan makes it through our process and then gets to them as well. So, they kind of bring those two items together at the same meeting for a vote. Any action we do take tonight is not a final action. There are still many steps that it will still go through. That is just so you are aware and anyone else who is interested in this item. Ms. Alkarawi: I appreciate that. I just wanted a face to what has been going on. It has been rumors and everything, so... Mr. Wilshaw: We really appreciate you coming and shedding the light that you have on the information that you know. It is very helpful. Ms. Alkarawi: Thank you very much. Mr. Wilshaw: Is there anyone else in the audience wishing to speak to this item, either for or against? If not, we are going to go back to the petitioner and see if there is any other final comments that she would like to make. Ms. Gauss: We were not aware of the easement when we ran the ALTA and title work. It did not show up in our documents. I mean...we have known about this, and we are more than willing to see and work with and try to figure out an option. We know it is a problem. We are willing and want to work with them. Mr. Wilshaw: Good, thank you, Ms. Gauss. If there are no other questions or comments from anyone in the audience, I am going to go back to the commission and see if there is anyone wishing to speak on this item before we make our decision. If not, I am going to close the public hearing... Mr. Ventura: One more question for Mr. Taormina. So, if we don't change the zoning on the eastern most parcel, which abuts residential to the east and north, does that preclude the underground tanks on the property? July 13, 2021 30065 Mr. Taormina: It could. I would consider that a necessary part to the operation waiver and so it really should occur on that C-2 zoned property, not C-1. Mr. Ventura: Thank you. Mr. Wilshaw: Great question, Mr. Ventura. Any other questions or comments? If not, I think we can say that the public hearing has been closed and a motion would be in order. On a motion by Bongero, seconded by McCue, and unanimously adopted, it was #07-32-2021 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on July 13, 2021, on Petition 2021-06-01-04 submitted by Speedway L.L.C. pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the properties at 13950 Merriman Road and 31324, 31330 and 31374 Schoolcraft Road, located on the northeast corner of Schoolcraft and Merriman Roads in the Southwest /4 of Section 23, from CA Local Business to C-2, General Business, the Planning Commission does hereby recommend to the City Council that Petition 2021-06-01-04 be approved for the following reasons: 1. That a change of zoning to C-2, General Business is compatible to and in harmony with the surrounding land uses and zoning districts in the area. 2. That the proposed change of zoning and projected redevelopment represents a reasonable and logical transformation of the subject properties which adheres to the principles of sound land use planning. 3. That the proposed change of zoning would cause the zoning of the property to correspond to the use of the property more accurately. 4. That the proposed change of zoning is supported by The Livonia Vision 21 (LV21) Future Land Use map which shows the subject area of the rezoning as Corridor Commercial, and 5. That the proposed zoning and projected use is consistent with the purposes, goals and objectives of the Zoning Ordinance, which seek to ensure compatibility and appropriateness of uses so as to enhance property values July 13, 2021 30066 and to create and promote a more favorable environment for neighborhood use and enjoyment. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #2 PETITION 2021-06-02-09 Belal Hourany Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021- 06-02-09 submitted by Belal Hourany requesting approval of all plans required by Sections 11.03(a) and 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to demolish an existing commercial building (Billy's Liquor Depot) and construct a new retail party store with gasoline pumps, at 27415 Grand River Avenue, located at the southwest corner of Grand River Avenue and Inkster Road in the Northeast /4 of Section 1 Mr. Taormina: This petition involves the redevelopment of a commercial property that is located at the southwest corner of Grand River Ave. and Inkster Road. The plan is to demolish the existing party store and construct a new retail party store that would also include fuel pumps for the sale of gasoline. This property measures roughly 0.6 acre. It has 198 feet of frontage on Grand River and 123 feet of frontage on Inkster. The zoning is C-2 (General Business), which allows for gas stations as a waiver - use. The existing building on the property is roughly 2,225 square feet in area. Immediately to the west of the party store is a vacant parcel that is also zoned C-2 and is owned by the petitioner. South of that property are two homes located at the northeast corner of Long and Rensellor also owned by the petitioner. Thus, the petitioner owns the entire block consisting of four properties bordered by Grand River to the north, Inkster to the east, Long Ave. to the south, and Rensellor to the west. West of Rensellor and south of Long are single-family homes that are part of the Argonne and the Argonne Annex Subdivisions, Currently, Billy's Liquor Depot operates both SDM and SDD liquor licenses, allowing for the sale of packaged beer, wine and spirits over 21 % alcohol. It is the intention to continue the operation of both licenses with the expanded business. The project is shown in two July 13, 2021 30067 phases. The first phase would involve demolishing the existing party store and constructing a new retail party store including the gas pumps. To familiarize everyone with the plan, there is a line that may be difficult to see, but it runs generally north and south through this block. Everything to the east is part of Phase I and to the west, extending to Rensellor, that part of the site would constitute Phase II. Again, Phase I involves demolishing the existing party store and constructing the new store with the gas pumps which are shown here on the site plan. Phase II would involve the removal of both of the homes and the construction of a second retail building, but this is contingent on the rezoning of the residential properties to commercial. A rezoning application has been filed and a public hearing is scheduled for July 27, 2021. At this time, only Phase I is under consideration. The proposed new building would be one-story in height and roughly 4,690 square feet, so more than twice the size of the existing store. It would contain two units. The larger unit would be the new retail party store that would include the point of sales for the gas station. There is also a smaller tenant space that is identified as a possible carry -out restaurant. The floor plan for the store shows a large retail display area, walk-in coolers, storage rooms, restrooms, a cashier counter, and office. There are no details at this time regarding the carry -out restaurant. The building is shown along the south side of the property. It backs up to Long Avenue with the two storefronts facing north toward Grand River Avenue. The building setbacks from Grand River, Inkster, and Rensellor, are all conforming. Adjacent to Long, however, the setback shown is only 10 feet. In this case, the ordinance requires a minimum of 25 feet. This results in a deficient setback that would need a variance. The four gasoline pumps are shown between the north side of the building and Grand River. The pumps would be covered by a free-standing canopy that measures 44-'/2 feet by 56 feet. In the C-2 zoning district, canopies cannot exceed a height of 18 feet. The proposed canopy is shown at 20 feet and would have to be lowered or granted an exception by Council. At the closest point, the canopy would be 18 feet from Grand River and 70 feet from Inkster. The top of the canopy would be painted metal and the support columns would be clad in masonry. Access to the site remains as it currently exists. There are two driveways along Grand River and one along Inkster. Looking at the exterior of the building, it includes a combination of block, brick, stone, metal panels and E.I.F.S. The north and east sides of the building along Grand River and Inkster would contain all of these finishes, however, the west and south sides of the building would consist mostly of split - face block. The information is not available regarding rooftop mechanical equipment and how it would be screened. This would July 13, 2021 30068 be looking at the front elevation facing Grand River. The larger unit shown is on the right-hand side, whereas the smaller tenant space is shown on the left side. This view represents the rear of the building. Looking here, you see the brick and these other finishes, including some E.I.F.S, and the metal panels and other block material. This is the side facing Inkster and this is the side facing west toward Rensellor. The height of the structure would be 16 feet, however, above the main entrance to the larger retail unit the parapet extends an additional three feet above the other parts of the building. In terms of parking, the overall site would have a deficiency of five parking spaces. The retail components require parking at a ratio of 1:150 of usable floor area, resulting in a total requirement of 25 parking spaces. The plan shows 20 parking spaces. The trash enclosure is shown on the east side of the building with gates facing north toward Grand River. The walls on the enclosure would six feet in height and constructed out of concrete. A landscaping plan was submitted with the application. It constitutes roughly 12% of the property, which is slightly less than the requirement of 15%. Storm water detention is not shown, so it is presumed to be underground. We have not analyzed this plan in terms of signage, as there is no signage shown on any of the drawings. 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 June 11, 2021, which reads as follows: "We have no objections to the proposed project at this time, although the following items should be addressed prior to submitting plans for site plan approvals: The submitted drawings do not indicate any information for utility service leads or proposed water and sewer demands for the proposed development. Without this information, we cannot determine impacts to the existing systems. It is advised that the Developer contact this office prior to submitting drawings to discuss utility services and Engineering requirements for the project. Storm sewer, including storm water detention will be required per the Wayne County Storm Water Ordinance. We will perform a full review of the utilities once full engineering drawings are submitted to this Department for permitting. There is an existing public sanitary sewer and easement that runs through the center of the property that would need to be relocated and/or abandoned and vacated in order to complete Phase 2 of the proposed development. It may be advantageous to complete that work with Phase 1, as it may offer more freedom for layout of the overall site. Please note that any work within the Grand River July 13, 2021 30069 Avenue and Inkster Road right -of- ways will require permits through the Michigan Department of transportation and the Wayne County Department of Public Services." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated June 15, 2021, which reads as follows: "This office has reviewed the site pIan 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 June 11, 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 Finance Department, dated June 11, 2021, which reads as follows: "I have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated June 11, 2021, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted petition. At this time, there are no outstanding amounts receivable for taxes. Therefore, I have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. The next letter is from the Division of Police, Special Service Bureau, dated June 21, 2021, which reads as follows: "We have reviewed the plans submitted by Belal Hourany requesting approval of all plans required by Sections 11.03(a) and 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to develop the site, which includes demolition of the existing building and construction of a new building which would include vehicle fuel service. After conferring with the Chief of Police, we object to the proposed waiver use. There has been a long standing policy, following what was State law, prohibiting fuel stations from selling beer, wine or spirits, as their primary purpose is to sell gasoline. The proximity of the two will naturally tend to exacerbate the problems caused by alcohol, especially the operation of a motor vehicle under the influence of intoxicants. In addition, approving this request would not be wise, considering similar requests have been denied. Therefore, allowing it in this case would therefore set an undesirable precedent." Next is an email is dated July 11, 2021, and it comes from lafnlucifr(cD,aol.com, it reads: "We do not need another gas station. Nobody needs two gas stations on every single corner. There are two already catty corner across the street. Two more just a mile down at Inkster and 7. Not July 13, 2021 30070 opposed to a new retail store, but definitely do not need/want gasoline pumps." Lastly, we have a letter that addresses both this petition as well as the petition that was recently filed to rezone the two residential lots. That petition number is 2021-06-01-05. It reads: "Opposed petition 2021-06-02-09 requests to demolish the existing commercial building, Billy's Liquor Depot, and construct a new retail party store with the gasoline pumps at 27415 Grand River located at the southwest corner of Grand River and Inkster Road, northeast corner of Section 1. Opposed petition 2021-06-01-05 requests to rezone properties at 27428 Long Ave. and 27432 Long Ave. from R-1 (Family Residential) to C-2 (General Business). Property located north side of Long between Inkster and Rensellor Ave. northeast corner of Section 1. Joins property proposed for new construction of gasoline retail. These properties face residential properties and residential street. Both petitions should be heard together due to they are conjunction of each other. The following are reasons to oppose both petitions: Gas station — environmental hazard risk to all residents in this section per the map. About 110 residential homes. Several studies found living near gas stations increase health risks due to repeated exposure to gasoline, whether it is a liquid or a vapor. Can cause damage to lungs, brain, kidneys, asthma, respiratory, cardio, stroke, childhood cancer. Underground storage tanks — risk of leaks, soil/wafer contamination, difficult clean up and vapors, tanker trucks, hazardous liquids pose risks, impact on wear and tear on roads. Ground level ozone caused by gasoline funes equals health risks. Decreased value of the residential homes. Increased traffic. Car and foot traffic. Increased noise. Increased lighting. Note that unknown of proposal lighting, noise buffer to residents. Opposed: This is respect to both petitions. Increased litter, already wrappers, whippit containers, liquor bottles on lawns. Possible increase in crime, increase in accidents. Use of Long and Rensellor to avoid turns and Grand River turn around which is current problem. Use od Long Ave. and Rensellor Ave for large delivery trucks to gas station and the retail store. Currently semi - trucks use Long Ave. An example: Friday July 9, 2021, Miller Lite truck to deliver to Billy's Liquor Depot. Increased customer parking on Long Ave. Current unknown proposed are the hours of operation, signage, lights, music, and noise. Currently Billy's Liquor Depot is not maintained. It is located at the entrance to Livonia and sends a message about Livonia. Two gas stations are within X mile from Section 1 adding one more gas station increases health risk to those that reside in Livonia and the surrounding communities. Rezone residential homes to commercial — oppose. Erodes neighborhoods, decreases value of residential homes. There is no benefit to eroding a July 13, 2021 30071 neighborhood for a few jobs to destroy a section of Livonia? Nc basis for need to change a neighborhood for high -risk business. Thank you" I believe this is from R. Posler. Thank you Mr. Wllshaw: Are there any questions of the Planning Director? If not, out petitioner is in the audience. We will give him a second to get up here to the podium. Good evening, sir. Alex Raichouni, MA Designers, 5710 Rouge Circle, Dearborn Heights, MI. I am representing the petitioner, Bela Hourany, regarding the store and liquor store that he owns and this development. We are proposing to demolish the existing liquor store that, as you can see, is kind of being deteriorated and things like that. By demolishing that we are going to redevelop a new party store with pumps and developing a new gas station. With that we are developing also a retail center to the west of the property. We feel that this new development will be something... the owner... it is a lifelong dream that he had in developing this center. We are hoping we are going to get your approval tonight. With that, if you have any questions...I know we kind of briefly talked about it last time. I should have probably prepared for this a little bit more, but basically you know there is no gas station within a couple miles on the west side or the east side of this property. I don't see any problem myself... this gas station is there for the convenience of the neighbors around that area so that they can fill and shop in that area. At the same time, we are proposing an extra unit next to that gas station for maybe a carry -out restaurant so they can pick-up so the customers can pick up their necessities and things like that. As far as the technical issues and some of the questions that was brought up regarding the letters that were read from the planner, Mark. As you can see, the existing property has three different entrances right now. We are not adding any additional entrances or anything like that, so there isn't' going to be deliveries or exiting or entry into the property from Long Street as I heard. We are just utilizing the existing entrances. As far as gas and gas fumes and things like that, I mean now a days and in this modern time you won't really smell the gasoline unless you are really really close to it or you spill some of it. It is monitored very much and there is minimum spill into the ground and things like that. The reason why he wants it, like I said, it is a dream that he wants a gas station with a store, but at the same time I think he is trying to meet some of the demand on the southerly side of the road. Where the other gas stations are on the northerly side, and I think more on the Redford end, the City of Redford, of the area where not in Livonia. So, with that said, as far as ... I could add a few more thing. Regarding the properties to the south, I think that by putting landscaping and having that split face block July 13, 2021 30072 which is like a stone block wall on the proposed building, would kind of buffer and also appear to be more like... it's like a more neighborly site in the sense when you use materials such as stone and brick and ... we can also add other kinds of materials such as ... I don't have it on there, but it is mentioned by the owner and other places that I design like wood composite and things like that so they would match more within the neighbors that are behind this building. There are a lot of centers that are next to neighborhoods that comply in that sense and if there are any suggestions or anything that comes out from the committee or from any neighbors that want to come up and we can discuss certain elements and materials to that building. We are open to that. Other things that we can comply with. We will comply. As far as maintenance issues, maintenance issues...I don't think ... you would have to look into your records and I don't know the property as much in this area as Billy and some of the other people that are going there, but as far as what I have seen when I go over there, I am not there at night but you know... I know from places around where I live I know you find bottles or bags... certain things that people litter. I mean ... what I know from Billy is that he maintains his property. It was always clean when I got there on the outside when I drove around that parking lot. I am usually there in the daytime just visiting him or talking to him about this project. He has some nice landscaping that surround his property and it kind of buffers the neighborhood behind. That is the feeling that I get. I guess you would have to drive over there to really know for yourself that the place is really buffered with landscape between the neighbors, and I think this is the biggest issue to be concerned and to be and to hear some of the neighbors' concerns. With that said, I think I will leave it at that. Some people that I heard are in support in the neighborhood. So I am glad a few of them came and maybe they want to say something and add something. Floor is open for your guys to ask me any questions you want. Mr. Wilshaw: Thank you, sir. Do we have any questions from any of our commissioners for our petitioner's representative? Mr. Bongero: This plan is shown as ... you know that the easement that we know exists there...the utility easement with all the power lines...what did you come up with on that? That was going to be a hardship and I don't think it is going to be as easy to move as we discussed at the study meeting. So, what is your plan for that? Mr. Raichouni: We didn't do anything because I have to get a civil engineer involved. If there was a possibility that the Engineering Department said that we could re-route the lines and redevelop July 13, 2021 30073 the underground in order to redirect the underground utilities such as the storm. I know the storm shouldn't be hard because the storm is located on Inkster or Grand River that we can connect to with approval of the City and Wayne County. I think also sanitary... you know, the only other line that would be under there would be sanitary, so ... the only thing that is connected to that sanitary is probably the two houses in that one block area and the liquor store that is there now. Mr. Bongero: When I went to the property...) have been there a couple times. That easement... at one time it ran the full length, and a lot of those power lines are feeding the neighborhood. I don't think it is going to be really easy to do, you know what I mean? It is going to affect your future plan for the property next door too because it cuts right through where that building would be. Mr. Raichouni: So, the only thing or way that I can answer you is that the water and sewer... the way that I answered it I think is doable by abandoning the sanitary... it isn't abandoning it ... we got to abandon it where its leading right now from east to west on a diagonal. We would have to cut it and redirect it, which is... in a way that is not designed under a proposed building design. Ya know? We could kind of reroute it in almost any direction you can imagine except it can't be under a structure. That is number one. Number two, the electrical lines we would have to call a planner and we were intending to call a planner and thought maybe you had a meeting ... (inaudible) Bela) Hourany, 612 Norborne, Dearborn Heights, MI. I am the actual owner. What he is trying to say is if we can table this for today... )did call DTE building department and they will come out. We are trying to figure out if the power lines are under and then we would have to reconstruct both buildings. So, like you said... it is going to become a problem. The way we have the buildings now, if it don't work out then we would have to address the building. I think you kind of explained it wrong... so, say we had the Phase II with the strip center would be, if it was in the center and the power lines did have to stay, we would have to shift things around. Mr. Bongero: Yeah. Mr. Hourany: And say if the gas station we are trying to build, if that 4,000 square feet... if the power line has to stay, we would have to go to 3,000 square feet. Mr. Bongero: Okay. Yeah. July 13, 2021 30074 Mr, Hourany: That is kind of why I want to table this for today until DTE does come, we go with engineering, and they do come give us ... are we looking at underground or overground... what are our options and then come back with a whole new design of two buildings or are we moving a couple poles where it is not nothing like wow. Mr. Bongero: Yeah. I am satisfied with that. I think that is a good idea. Mr. Hourany: You're fired. Mr. Raichouni: (inaudible) Mr. Hourany: Yeah, so that is what we are going to do. If it is something reasonable, we are going to move the line. If it is something crazy, of course, we are just going to shrink the buildings and shift... say where we were building the strip mall, we would shift it more towards Grand River and make the houses the parking lot and leave the lines. I think you are going to need a 12-foot easement. We are going to try and leave that... leave that alley where there is nothing on it. Mr. Bongero: Yeah. I understand. I think it is a good idea. Mr. Hourany: I'm going to work around it. I'm going to build over. I'm going to do whatever it takes. Mr. Wilshaw: Thank you. We do have a public hearing for tonight we will see what the outcome of this meeting is but we are still going to give an opportunity for everyone to speak and ask questions and then we will make our decision. Tabling is certainly an option. Thank you. Any other questions for our petitioner from any of the commissioners? Ms. McCue: This is more for Mr. Taormina. In the letter from the Police Department...can you just revisit what our precedence has been in the past on approving gas stations with alcohol/liquor and what are the....is there exceptions... is there... I just want to restate that again because I want that to be clear as well. Mr. Taormina: In the City of Livonia, it has not yet been done. There have been attempts mostly from existing gas stations wanting to secure an SDM and/or SDD license at their facilities, which have been rejected. Those licenses, historically, were not something that you could operate out of a gasoline station, except in rural parts of the state. The laws changed a few years back, which opened the door for gas stations to have off -premises licenses. There are certain requirements. There has to be a certain distance July 13, 2021 30075 between the gas pumps and the point of sale for the alcohol and those type things, but they are not complete barriers. Some communities allow it. You have probably seen them elsewhere, but not in Livonia. We have traditionally said the two uses don't co -mingle very well. Also, the city as a quota, or a restricted number of these types of licenses that we want to keep at the party stores to protect those businesses from having an oversaturation of these licenses coming in from other parts of the county. The city's policy has been to keep the two separate. That doesn't mean we don't have situations, possibly, where gas stations operate in close proximity to liquor stores, but the point of sales for both gas and alcohol, no where in Livonia does it occur under the same roof. Ms. McCue: Thank you, I appreciate the clarification. Mr. Hourany: I see the whole thing too. (Inaudible) I know other cities have allowed it too. Just like the marijuana thing. We would never think, ya know, that cities are allowing marijuana now, so I think it is going to be one of those gamechangers to where we never thought marijuana was going to be allowed and now it is. I know Livonia opted -in, and other cities are opting in. With our location it is like a unique property. It is two acres of land and another way ... just like when I was driving here, I had a...I don't know if it was a brilliant idea, but I seen that Kroger down the street with that small building with pumps. I would do something even like that and build the liquor store separate. I seen that now and said wow that is a little building with pumps and then I can make my retail unit the liquor store. Then you have two different entities also to where then I could justify to any other liquor store owner or any other gas station owner that tries to say that I tried 10 years ago you can say that it is two different entities, and it is two acres of land. Then I could justify why he got denied 10 years ago and I got approved now. Mr. Wilshaw: We will see how things play out. We appreciate your comments, Mr. Hourany. We will see if there is any other questions from any of the commissioners for this petition? Mr. Ventura: I have a question for Mr. Taormina. I note that in the write-up for this petition you point to a change in the law that allowed some of the communities to opt to combine fuel and alcohol sales, but the provision is that no more than 35% of the total sales can be alcohol. Here we have... how is that ever verified? How does anybody police that? How does anybody establish that in the front end that that is the fact and how does anybody establish or confirmed over time that it is being maintained? This particular July 13, 2021 30076 petition appears, without any other evidence, to be more food and liquor than fuel. There are only four fuel pumps there. How much business would you do there? So, it seems to be an article of faith that the threshold is not being exceeded by alcohol and then how do we confirm that that is the case going in or at any other point in the future? Do you know? Mr. Taormina: Well, we would know how much alcohol is purchased by the state by the proprietor, but what we wouldn't know would be all of the other sales. Just so that everyone understands what is being discussed here, there is a provision for SDD licenses that if they are being operated in a store where less than 35% of the gross sales are related to alcohol, then the alcohol has to be kept behind a counter or a locked case and cannot be accessible to the public. A good example is Rite -Aid where the percentage of sales involving alcohol are less than 35% of their gross sales so they comply with that requirement to keep the spirits behind a counter or in a locked case. In this case, because we have never dealt with a business that operates gasoline sales, we don't know what percentage of gas sales would be compared to the percentage of other sales including alcohol, so it is something that we would have analyze as part of the operation. Maybe all spirits are going to be behind the counter. If he operates that way, then that is fine. We don't have to worry about that. If his preference is to keep the spirits on the display cases out open to the public, then we will have to determine how much of his sales at the store are for that purpose. Does that make sense? Mr. Ventura: It does. Thank you. Mr. Hourany: I might have an answer. I do keep everything behind the counter. There is nothing...a customer cannot reach and grab the alcohol. We do serve them. You are obligated to have a liquor liability insurance. That is besides everything else. It shows how much liquor you buy, and grocery you buy. It is a separate insurance you have to buy in case somebody wants to come purchase alcohol and they get into an accident on the street. It is a sperate insurance policy that they started years ago. I don't know if that might answer your question. I don't know. It separates how much alcohol and groceries you buy. They started this years ago. It is a separate insurance you have to buy now for $50,000 minimum. I think that might show the difference. Mr. Ventura: Thank you. Mr. Wilshaw: Any other questions from any of the other commissioners? For our petitioner? For our staff? I don't see any questions. July 13, 2021 30077 Gentleman, if you just want to take a seat for just a moment and we will see if anyone else in the audience wishing to speak for or against this item. We will give them an opportunity to come forward and speak. Then we will go back to our petitioner. Good evening, sir. Mike Bellaire, 27800 Long St., Livonia, MI. I live right behind the store after 20 years. The business up there, as far as the party store, is father and son. Been over there more than 20 years. People come in there and know him by name. Customers come in there because they want to feel like it's a place they can go, and people know your name. The people that are going to open this business care about the community. They make their employees sweep the lot. There are a lot of slobs out there. Just throw stuff out the window. Throw their bottles, whatever. You can't control that. You can control your employees cleaning up. As far as the people opening it, first class. As far as the gas stations, down Grand River on the south side like I used to come down from Grand River and Ten Mile ... M-5 get on Grand River and come down to my house. There is not a gas station on the right side at all. You go for into Detroit before you find one. As far as the gas station and convenience, there is nothing on that side. Plus, you are going to put up a new building and you are going to put up something that is clean and refreshing. It is in the corner of Livonia. You all know that. It is going to add to that...I hate to say it but living in the corner I always say I live in the hood. Because if you go to Joe's Produce at Seven and Farmington and you look at the houses around there, the businesses are pretty nice stuff. They keep them all up. In this area where we are at, we got Farmington, Southfield, Redford, all that. Some of them aren't' kept up as good. Here you are putting up a new business. Gas and liquor... drive to Ohio... drive to Indiana, everyone has it. Twelve Mile and Northwestern or Middlebelt and Northwestern. They have a gas station and a liquor store. I don't see problems with that. Just like you were saying, marijuana, it's a new thing. Whoever would have thought marijuana was going to be legal. I didn't, but you know what? It's time to step up and times are changing. Let's start something here. Make his dream come true. Mr. Wilshaw: Thank you, Mr. Bellaire. We appreciate your comments. Is there anyone else in our audience wishing to speak for or against? We will give you an opportunity to come forward. Good evening, ma'am. Jennifer La Mere, 20015 Inkster, Livonia, MI. I am also a very life-long friend of Belal Hourany and of his father and mother. I also work for Mr. Hourany. Our policy in the store is to address our customers by July 13, 2021 30078 first name. We have a lot of regulars. We have talked to a lot of our regulars in the store, and they are excited about our proposal. We are one of the few that were able to stay open during the COVID. We stayed open 'til 2 a.m. seven days a week. Mr. Hourany put aside some of the repairs on his property so we could maintain a lot of our customers that are low-income. Lost theirjobs. Mr. Hourany, for my family, made sure there was food on the table, whether it was just a loaf of bread and some bologna or noodles. He has done that for a lot of our neighbors. We hope you guys look forward to this. Lay some new ground for the gas station and the liquor store. Mr. Wilshaw: Thank you, ma'am. We appreciate your comments. Anyone else wishing to speak for or against? Please come forward. Good evening, sir. David Tomaszewski, 19918 Maplewood, Livonia, MI. I am pretty much right down the street from the store. I have been going in that store since his father owned it. Everybody refers to him as Pops because he insisted to be called Pops. It has been a family -oriented store. This man and his father had insisted that they give back to the area around them. He is not doing this just because this is just a dream, he is doing this because he wants to give back to the area. He has helped take care of the area for so long. His father started it and he is continuing the tradition. I stand behind him in that. He has helped me out numerous times when I have been on hard times. I have done all kinds of work in my life. Sometimes I am there when I can work and be there... sometimes the job didn't pan out. I used to work for Clarenceville Public Schools in the maintenance department. I got lad off due to budget cuts. His father took care of me. He provided me food. No charge. He provided me food for my children. No charge. I paid it back eventually, but that is type of family he is. Gas station... he just wants to give back where it is convenient for the people and the community. This man, this is all he wants to do is deal with the community. He has businesses all around that little area. Most of them are actually in Clarenceville. Whether it is in the Farmington side, Livonia side, Redford side, Southfield side. He is sticking in this area because he wants to give back because so many people have given to him. I cannot see anything in my life to hold him up from this dream of his because he just wants to give. He has done well for himself, but mostly he gives and gives and gives. He has gotten to the point where he has given more than he should have. The building is run down because of it. He wants to make a new one. He wants to encourage the community to participate. He has insisted that he takes care of the building the best he can with what resources he's got. I have tried to help July 13, 2021 30079 him out. I know friends that have tried to help him out. He does what he can. He has even had his brother come in and lend a hand free of charge because of ... they want to give back. But his brother has his own life too, but he still gives. It's just the way the family is and I owe him a lot because he has given to me and my family time and time again. I know he has done it for hundreds of others in the community and I don't see any reason why him wanting to continue to help people just in a different way, this being held up. I don't see it. Thank you for your time. Mr. Wilshaw: Thank you, sir. We appreciate your comments. Anyone else in our audience wishing to speak on this item? Good evening, ma'am. Mariana Stoja, 18515 Pershing, Livonia, MI. I took actually my son there since he was a baby. He is ten now. They are a very loving family. Very good hearted. They keep everything clean. They don't ask for much, but they give out a lot. Anything you need help; they are there for you. You don't really even need to ask. Once you show up they are very friendly and they just give it to you. I wouldn't speak anything bad just good for them. I would do anything you could to help them out. I know it is a big dream of his and it is something he really looks forward to, so I would really be on his side for it. Mr. Wilshaw: Excellent. Thank you for your comments. Anyone else in out audience wishing to make a comment on this item? I don't see anyone else coming forward. Is there any other questions or comments from our commissioners on this item? If not, I am going to go to our petitioner and ask if there is anything else you would like to say? Mr. Raichouni: No. Not unless you have any questions for us. Mr. Wilshaw: Another questions? If not, I think we are all good. We are all set. Thank you. We are going to close the public hearing on this item and a motion would be in order. On a motion by Long, seconded by Ventura, and unanimously adopted, it was #07-33-2021 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on July 13, 2021, on Petition 2021-06-02-09 submitted by Belal Hourany requesting approval of all plans required by Sections 11.03(a) and 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to demolish an existing commercial building (Billy's Liquor Depot) and construct a new retail party store with gasoline July 13, 2021 30080 pumps, at 27415 Grand River Avenue, located at the southwest corner of Grand River Avenue and Inkster Road in the Northeast Y4 of Section 1, the Planning Commission does hereby table this item to a date undetermined. 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. ITEM #3 PETITION 2021-06-02-10 Wade Shows Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021- 06-02-10 submitted by Wade Shows, Inc. requesting waiver use approval pursuant to Section 11.03(I) of the City of Livonia Zoning Ordinance #543, as amended, to conduct a carnival in the parking lot of the former Sears Department store, sponsored by the Rotary Club of Livonia, consisting of amusement rides, games and food concessions from July 30, 2021 through August 8, 2021, inclusive, on property at 29500 Seven Mile Road, located on the northwest corner of Seven Mile Road and Middlebelt Road in the Southeast'/4 of Section 2 Mr. Taormina: Just very briefly, this is the return of the Livonia AM Rotary Club Carnival, conducted by Wade Shows. It is in the parking lot of the former Sears Department Store at the northwest corner of Seven Mile and Middlebelt Roads. This has been a long-standing operation at this location. The dates were indicated by the Secretary. The only thing to add would be the hours of operation. Monday through Friday would be from 4 p.m. to 11 p.m. and on the weekends, Saturday and Sunday would be from 12 p.m. to 11 p.m. On Monday the 8th, the carnival would be closed and dismantled. 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 June 23, 2021, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced waiver use approval request. The address of #29500 Seven Mile Road is correct for the subject parcel, and should be used in July 13, 2021 30081 connection with this petition. We have no objections to the proposed petition, although the following items should be noted: Should the carnival have the need to occupy, or should any of the associated activities impact either of the Seven Mile Road or Middlebelt Road right-of-way, a permit from Wayne County will be required as both roads are under theirjurisdiction. All sanitary sewage from the site, recreational vehicles or campers shall be disposed of properly. Should the operators need to have water provided for their facilities, they should contact the City of Livonia Water Department to obtain the proper equipment, including a water meter with backflow preventer." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated July 13, 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 July 13, 2021, which reads as follows: "1 have reviewed the plans in connection with the petition. I have no objections to the proposal." The letter is signed by Scott Sczepanski, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated July 12, 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 June 21, 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 (5/31/21): $ 983.52 Unpaid water and sewer charges (as of 6/21/21): 2,703.93 ($1882.92 past due, $821.01 current) Total Due City of Livonia $3,687.45." The letter is signed by Connie Kumpula, Chief Accountant. That is the extent of the correspondence. The next letter is from the Treasurer's Department, dated June 16, 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. Lastly, a letter dated July 5, 2021, that reads: "Living 29619 Knottingham Circle behind Wal-Mart, I am in favor of the carnival slated for July 30, 2021 through August 8, 2021. I think it will be great for the business that will take on more customers. Those businesses need a boost after the pandemic. The smoothie shop, the coney island, Thai, they could all use a boost as well as the other stores, eateries, shops. My only July 13, 2021 30082 concern is the waste making sure the trash doesn't blow everywhere after a windy day. We get a lot of Wal-Mart trash blown at the condos. 1, Michelle Smith, is in favorof petition 2021- 06-02-10, Thank you." That is the extent of the correspondence. Mr. Wllshaw: Are there any questions of the Planning Director? If not, Ms. Hardesty is in the audience. Good evening, ma'am. Joanna Hardesty, PO Box 51730, Livonia, Michigan. It is good to be back. Mr. Wilshaw: This is a routine request that we have seen many years in a row now. Is there anything else you would like to mention about it. Ms. Hardesty: Nothing is different, except the date. Mr. Wilshaw: Great. Are there any questions from any of our commissioners? Mr. Long: I am assuming that a lot of these rides...at the study session we talked about there might be fewer rides at this and I am assuming a lot of these rides have been sitting for quite a long time. Can you talk about the maintenance program on them and the inspection that will take place? Ms. Hardesty: Absolutely. To correct that, they have not been sitting. They are up and running in the southern states. They are in Florida and Alabama, Georgia, Texas, so they have been running. They will be inspected again when they arrive in Michigan for the first time by the State of Michigan, on top of all the inspections that they go through in the other states. Michigan will be inspecting with State Inspectors, as well as our third -party inspectors will be inspecting them as well once they are here and they are set up before they are operational. Mr. Long: Is there any kind of sanitizing that will take place every night or anything like that? Ms. Hardesty: As far as the rides, Wade Shows has a COVID-19 program that has been established and in use that will be part of what they do here in Michigan as well. Everything will meet whatever requirements are by the CDC and the Michigan Health Department State Department. Jr. Long: Thank you. Or. Wilshaw: Any other questions for our petitioner? I don't see any other questions. Is there anybody in the audience that wishes to speak for or against this item? Seeing no one coming forward, Ms. July 13, 2021 30083 Hardesty, is there anything else you would like to say before we make our decision? Ms. Hardesty: If I could just clarify, Mark read the letter from the Finance Department regarding the outstanding bills. So there is no misconception, Sears does not charge for use of that. They do not charge Wade Shows and they do not charge the Livonia AM Rotary. A donation has been made every year to Sears for use for non-profit purpose, which in the past has been their Christmas Program. It is not that they are making money on this deal. There will be a donation, but it is just that, a donation, not a fee. Mr. Wilshaw: You are not utilizing the building or the facilities in any way, right? Ms. Hardesty: Not in any way, shape or form. Just the parking lot. Mr. Wilshaw: Okay, thank you. If there are no other questions or comments, then a motion would be in order. On a motion by McCue, seconded by Caramagno, and unanimously adopted, it was #07-34-2021 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on July 13, 2021, on Petition 2021-06-02-10 submitted by Wade Shows, Inc. requesting waiver use approval pursuant to Section 11.03(I) of the City of Livonia Zoning Ordinance #543, as amended, to conduct a carnival in the parking lot of the former Sears Department store, sponsored by the Rotary Club of Livonia, consisting of amusement rides, games and food concessions from July 30, 2021 through August 8, 2021, inclusive, on property at 29500 Seven Mile Road, located on the northwest corner of Seven Mile Road and Middlebelt Road in the Southeast'/4 of Section 2, the Planning Commission does hereby recommend to the City Council that Petition 2021-06-02- 10 be approved subject to the following conditions: That the carnival shall be limited to the dates as specified by Wade Shows, Inc., which are Friday, July 30, 2021, through Sunday, August 8, 2021, inclusive, and closed and dismantled on Monday, August 9, 2021, 2. That the proposed carnival operation shall be confined to the area as illustrated on the aerial layout plan submitted as received by the Planning Commission on June 15, 2021. 3. That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the July 13, 2021 30084 carnival shall be located at least sixty feet (60') distant from the Seven Mile and Middlebelt Roads right-of-way lines. 4. That the temporary housing and storage of other trucks and equipment associated with the carnival shall be parked or stored within the extreme southwestern portion of the former Sears Department store parking lot, but no closer than sixty feet (60') from the Seven Mile Road right-of-way line. 5. That the hours of operation shall be limited to the following: Monday through Friday from 4:00 p.m. to 11:00 p.m.; and on the weekends, Saturday and Sunday, from 12:00 p.m. to 11:00 p.m.; and 6. That appropriate access to fire hydrants shall be provided to the City of Livonia Fire Department. 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, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. On a motion by McCue, seconded by Caramagno, and unanimously adopted, it was #07-35-2021 RESOLVED, That the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective date of a resolution after the seven-day period from the date of adoption by the Planning Commission, in connection with Petition 2021-06-02-10 submitted by Wade Shows, Inc. requesting waiver use approval pursuant to Section 11.03(I) of the City of Livonia Zoning Ordinance #543, as amended, to conduct a carnival in the parking lot of the former Sears Department store, sponsored by the Rotary Club of Livonia, consisting of amusement rides, games and food concessions from July 30, 2021 through August 9 2021, inclusive, on property at 29500 Seven Mile Road, located on the northwest corner of Seven Mile Road and Middlebelt Road in the Southeast '/4 of Section 2 Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. July 13, 2021 30085 ITEM #4 PETITION 2021-06-SN-01 Metro Detroit Signs Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021- 06-SN-01 submitted by Metro Detroit Signs requesting approval for additional wall signs pursuant to Section 18.47 of the City of Livonia Zoning Ordinance #543, as amended, for the Citizens Bank at 37307 Six Mile Road, located on the south side of Six Mile Road between Levan and Newburgh Roads in the Northwest % of Section 17. Mr. Taormina: This petition seeks permission to install two additional wall signs at the Citizens Bank located at the Newburgh Plaza Shopping Center. The zoning of the plaza is C-2 (General Business) which allows for one wall sign on the front of the building subject to a maximum area based on a ratio of 1 square foot of sign area for each one linear foot of building frontage. In this case, the bank is allowed a single sign of 80 square feet in area. Currently the bank has two main identification wall signs, as well as one monument sign. The wall signs are located on the north and west elevations of the building. The additional wall sign on the west side of the building was granted to Charter One Bank in 2004. The wall signs that exist today are both 60 square feet in area. One is above the entrance on the north side of the building facing Six Mile and the other is on the west side facing Newburgh. The additional signs would go on the other two sides of the building that do not currently have signs, including the east side that faces in the direction of the Big Boy Restaurant and on the south side that faces in the direction of the plaza. Both of these signs would also measure 60 square feet in area, similar to the existing signs. The combined area of all four signs would be 240 square feet. Again, the zoning ordinance allows one wall sign, not to exceed 80 square feet. Thus, final approval would be subject to the Zoning Board of Appeals review. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes please. Mr. Taormina: The first item is from the Finance Department, dated June 11, 2021, and 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 item is from the Treasurer, dated June 9, 2021, as 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 July 13, 2021 30086 have no objections to the proposal. The letter is signed by Lynda Scheel, Treasurer. The last item is from the Inspection Department, dated July 12, 201, and reads as follows: "Pursuant to your request, the above referenced Petition has been reviewed. A variance from the Zoning Board of Appeals would be required for the excess number of signs. This Department has no further objections to this Petition." The letter is signed by Jerome Hanna, Director of Inspection. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions for the Planning Director? Mr. Caramagno: Mark, did the Inspection Department make any comments on the painting of the white building? Or. Taormina: We have not received any response yet from them. Or. Caramagno: Thank you. Mr. Wilshaw: Mr. Bongero? Mr. Bongero: Just back to the paint. It wasn't painted like this. If you go by this building, it doesn't look like this. It actually looks really nice. That is not that building. I was there tonight on my way here. That center tower is like a dark, really dark brown. It's sharp. It actually looks nicer than that too. I looked at it and went wow that actually looks really good. It is not like this picture at all. I don't know if that matters, I just thought I would bring it up. Mr. Taormina: I don't think these renderings really depict what is there. I would agree with that. There was some paint one on the building, but not all of the brick was painted. In either event, it doesn't affect the signage petition. Mr. Wilshaw: Good points. Any questions or comments? If not, we will go to our petitioner. Good evening, sir. Kevin Deters, Metro Detroit Signs, 11444 Coultz Ave., Warren, MI 48089. As we talked about a few weeks ago at the last meeting, the bank asked us to apply for as much signage as they can get. There is a space that would fit these two extra wall signs. One on the east and one on the south. I realize that it is a huge ask. I have been in the sign industry my entire adult life. I understand that we are asking for a lot. The bank is, like every other commercial business right now, post-COVID, struggling like everyone else. They want to have as much branding as they can to try and stay open and in particular, the sign on the south elevation facing the strip mall July 133 2021 30087 would be particularly helpful to them obviously facing all of those other businesses and patrons that they have going in and out of the strip mall. We talked about this quite a bit last time so I don't have much to add, other than thanks for your time and I will answer any questions. Mr. Wilshaw: an you, Mr. Deters. Do we have any questions for our petitioner? No questions? Mr. Caramagno, Mr. Caramagno: Sir, how many other Citizens Banks are you working for or signing these days? Mr. Deters: The way that these bank programs work is they, for example, when Charter Bank became Citizens that was in 2004 or 2005. 1 could be getting this wrong, but back then in 2004 or 2005 we did about 30 or 40 sites in the Detroit/Lansing/Grand Rapids area. Right now, currently, I am the permitting person in our office. Right now I have three Citizens Banks on my desk. This one, one in Rochester Hills that we are installing, let me say four. One in Royal Oak and one in Dearborn Heights. Even though all of the Citizens Banks are going through this logo and signage change eventually, for financial reasons they don't do it all at once. They will pick a market and pick a handful of sites at a time, because the signs don't go up until the bank pays the manufacturer in full for the signs. If there are 100 Citizens Bank sites in the Detroit area, Citizens can't afford to buy 100 sites worth of signs all at once. They will do these five or ten sites this quarter and then next quarter they will do another 15 sites and eventually all of the sites will change. Usually not all in the same window. Mr. Caramagno: They budget their sign package, but more to my question is how many of the Citizens Banks have signage on all four sides and a monument sign? Mr. Deters: Not the ones that I am working on currently if I am being honest with you. Mr. Caramagno: That is what I want, honesty. As you said, this is a big ask and we recognize this is a big ask also, so. Thank you. Mr. Wilshaw: Thank you. Any other questions for our petitioner? No other questions. There is no one else in the audience to speak for or against this item so we will go back to you and see if there are any closing statements you would like to say? Mr. Deters: No. I think between this meeting and the last one we covered it. Unless you have anything else for me, I am all set. July 13, 2021 30088 Mr, Wilshaw: Thank you, Mr. Deters. Thank you for coming. I will go to the commission. Is there a motion? On a motion by McCue, seconded by Caramagno ,and unanimously adopted, it was #07-36-2021 RESOLVED, That the City Planning Commission does hereby deny Petition 2021-06-SN-01 submitted by Metro Detroit Signs requesting approval for additional wall signs pursuant to Section 18.47 of the City of Livonia Zoning Ordinance #543, as amended, for the Citizens Bank at 37307 Six Mile Road, located on the south side of Six Mile Road between Levan and Newburgh Roads in the Northwest'/4 of Section 17, for the following reasons. 1. That the applicant has failed to comply with all the requirements outlined in Section 18.50H of the Zoning Ordinance. 2. That the applicant has not justified the need for any additional signage for this location. 3. That approving this request would set an undesirable precedent for businesses in the immediate area and the City as a whole; and 4. Approving this application would not be aesthetically in the City's best interest. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adoptedI ITEM #5 APPROVAL OF MINUTES 1,1715'Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,1715t Public Hearing and Regular Meeting held on June 15, 2021. On a motion by Long, seconded by Bongero ,and unanimously adopted, it was #07-36-2021 RESOLVED, That the Minutes of 1,1715' Public Hearings and Regular Meeting held by the Planning Commission on June 15, 2021, are hereby approved. July 13, 2021 30089 A roll call vote on the foregoing resolution resulted in the following: AYES: Long, McCue, Bongero, Ventura, Wilshaw NAYS: None ABSENT: Smiley ABSTAIN: Caramagno Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously Hearings and Regular Meeting held on July 13, 20211 CITY Sim ATTEST: Ian Wilshaw, Chairman the 1,172"d Public urned at 8:47 p.m. COMMISSION no, Secretary