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Livonia planning commission approves recommendation for daycare at 28275 5 Mile Road with conditions

2113165 · January 14, 2025
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Summary

The Livonia City Planning Commission voted to forward an approving recommendation to city council for Petition 2024-twelve-twenty, a request by Nene’s Little Angels Daycare to operate a childcare nursery at 28275 5 Mile Road, subject to site and operational conditions and to any state approval required to waive the zoning play-area size rule.

The Livonia City Planning Commission voted to forward an approving recommendation to city council for Petition 2024-twelve-twenty, a request by Nene’s Little Angels Daycare to operate a childcare nursery at 28275 5 Mile Road, contingent on multiple site and operational conditions and on city council and state approvals where required.

The commission’s recommendation, approved by voice/roll call, requires the city council to waive the zoning ordinance’s 5,000-square-foot minimum outdoor play-area requirement before the daycare can operate with the smaller play area shown on the submitted plans.

Why it matters: The petitioner proposes to reuse an existing 3,606-square-foot commercial building on a 21,131-square-foot parcel at the southwest corner of 5 Mile Road and Lyon Street for a licensed childcare center for children ages about 6 weeks to 5 years. The facility would be licensed for about 90 children with approximately 15 staff, and neighbors raised concerns about outdoor noise, traffic and the location of the dumpster adjacent to the proposed play area.

Planning staff Jacob Buhazi presented the petition and site plan updates, noting the lot is split-zoned C1 and P and that the proposed fenced outdoor play area measures about 2,900 square feet — short of the zoning requirement. Buhazi said the commission and city council can waive the 5,000-square-foot requirement if the relevant state regulatory body approves. Staff also summarized departmental reviews: Wayne County engineering noted existing public sanitary sewer and water main service and that any new development beyond building renovations would require stormwater improvements per the Wayne County stormwater ordinance; the fire marshal requested detailed smoke/carbon-monoxide and evacuation plans and raised questions about sprinkler coverage and basement classrooms; the inspection department said the change of use must meet current Michigan building codes including the Michigan barrier-free code; and the treasury office reported unpaid summer 2024 taxes of $8,006.20 and winter taxes of $6,847.98 due Feb. 14, 2025, with the petitioner’s real-estate partner providing a letter that outstanding taxes will be paid at closing.

Petitioner Shanita Farmer, owner and operator of the applicant centers, described her organization’s experience and operations and said the centers follow structured routines and have trained staff. “We are family oriented,” Farmer said, adding she is willing to work with neighbors on noise mitigation and other site adjustments.

Neighbors and nearby-business owners spoke during public comment. Gina McEwen Myers, who owns the adjoining property that shares a wall and parking, wrote that she welcomes new businesses but asked for assurances about interior soundproofing and outdoor-play noise. “I suggest that the playscape potentially be moved to the back of the parking lot,” Myers wrote in correspondence provided to the commission. Resident Dennis Keown, whose property backs the site behind a concrete wall, urged repairs to the shared wall and said he feared amplified noise from a play area against the concrete; he also raised concerns about rodents and dumpster placement. Maggie Heinemann, a long-time Livonia resident and business owner, urged the commission to approve the daycare and asked that the center serve children with special needs.

Commission discussion and conditions focused on noise mitigation, play-area safety buffers and dumpster placement. Commissioners asked the petitioner to work with neighbors on interior and exterior sound mitigation, and the commission required a five-foot vinyl privacy fence around the outdoor play area, a landscape or curb buffer around the play area, and additional landscaping to screen the site. The commission also required repair of the existing rear wall that abuts neighboring properties.

The approving resolution as read on the record includes 13 conditions that will accompany the commission’s recommendation to city council. Key conditions added or clarified during the meeting require: adherence to the site plan labeled G1 dated Dec. 5, 2024; review and separate submittal for any additional signage; lighting fixtures limited to 20 feet in height and shielded to minimize glare with a specified average illumination level for the parking lot; repair, resealing and restriping of the parking lot and double-striping of all non-handicap spaces at 10 feet by 20 feet; hours limited to 6 a.m. to 7 p.m. Monday–Friday; a five-foot vinyl privacy fence around the outdoor play area; landscaping or curbing around the play area to buffer children from vehicles; a trash-dumpster enclosure of three walls constructed of materials complementary to the building with a solid gate and maintenance requirements; submission of final plans to the inspection department at building-permit application; and that the approval is valid for one year from city council approval, per Section 13.13 of the Livonia Zoning Ordinance.

During the motion and support, commissioners also specified that the petitioner must work with adjoining neighbors on sound mitigation for both the shared interior wall and the external play area and that the dumpster be located on the south/southeast side of the property in a maneuverable location for collection trucks and away from the immediate rear yard of the neighboring residence. Commissioners noted the project’s parking exceeds the ordinance requirement shown on the plan and suggested additional landscaping be used to screen the enclosure and play area.

Votes at a glance: The commission’s motion to forward an approving recommendation to city council passed by roll call; those recorded as voting in favor were Missus De Niro, Mister De Niro, Mister Long, Mister Groves and Chair Magda. Mister Ventura was absent. The commission’s recommendation requires city council action and, where applicable, state regulatory approval to waive the play-area size requirement before the daycare may open.

Next steps: The commission’s approving recommendation will be transmitted to Livonia City Council for its public hearing and final decision; staff said the petitioner will be contacted with the date of that council meeting. If city council approves and the state grants any required waiver, the petitioner must obtain building permits and complete required plan reviews — including the fire marshal’s detailed review — before occupancy.