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Home My WebLink AboutPLANNING MINUTES 2018-06-26 MINUTES OF THE 1,125th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 26, 2018, the City Planning Commission of the City of Livonia held its 1,125th 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 7:00 p.m. Membersp resent: Sam Caramagno Glen Long Betsy McCue Carol Smiley Kevin Priddy Peter Ventura Ian Wilshaw Members absent: None Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, 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 2018-05-02-12 WADE SHOWS Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2018- 05-02-12 submitted by Wade Shows, Inc. requesting waiver use approval pursuant to Section 11.03(1) of the City of Livonia Zoning Ordinance#543, as amended, to conduct a carnival in the parking lot of Sears, sponsored by the Rotary Club of Livonia, consisting of amusement rides, games and food concessions from August 9, 2018, through August 12, 2018, inclusive, on property at 29500 Seven Mile Road, located on the northwest corner of Seven Mile Road and Middlebelt Road in the Southeast 1/4 of Section 2. June 26, 2018 28630 Mr. Taormina: The Rotary Club and Wade Shows are proposing their second carnival for the 2018 season. This would be conducted in the parking lot of Sears at Seven Mile and Middlebelt Roads. The earlier event this year occurred in the month of May for a duration of 11 days. The length of this carnival would be four days, running from Thursday, August 8 through Sunday, August 12. The hours of operation are as follows: Thursday and 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. All other aspects of the event, including location, size, storage, etc., are the same as the previous event. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: There are six items of correspondence. The first item is from the Engineering Division, dated June 8, 2018, 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 connection with this petition. The legal description on file with the Assessing Department is sufficient to describe the parcel for this petition. We have no objections to the proposed petition, although the following items should be noted: (1) 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 their jurisdiction. (2) All sanitary sewage from the site, recreational vehicles or campers shall be disposed of properly. (3) 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 second letter is from the Livonia Fire & Rescue Division, dated June 11, 2018, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to conduct a carnival in the parking lot on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Keith Bo, Fire Marshal. The third letter is from the Division of Police, dated June 8, 2018, 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 Brian Leigh, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated June 18, 2018, which reads as follows: "Pursuant to your request, the above- June 26, 2018 28631 referenced petition has been reviewed. This Department has no objections to this petition."The letter is signed by Jerome Hanna, Director of Inspection. The fifth letter is from the Treasurer's Department, dated June 12, 2018, 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 sixth letter is from the Finance Department, dated June 7, 2018,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 Coline Coleman, Chief Accountant. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Seeing none, is the petitioner here with us tonight?We will need your name and address for the record please. Joanna Hardesty, Wade Shows, Inc., P.O. Box 51730, Livonia, Michigan 48151. I represent Wade Shows. I have with me this evening Jeff Adams. He is the current president of the Livonia AM Rotary Club. Mr. Wilshaw: Is there anything else that you'd like to add from what you've heard so far? Ms. Hardesty: I don't think so. It's pretty well been covered. The dates are shorter. It's just a four-day event instead of an 11-day event this time around. Mr. Wilshaw: With that, are there any questions for our petitioner? Mr. Priddy: Good evening.We heard the details that are essentially the same as your last one they had earlier in May. Is the midway laid out the same? We have a map but it doesn't have any orientation on it. Ms. Hardesty: It actually will be pretty much exactly the same. We may not have quite as many rides and attractions as we did with the May event, but it will be very similar in layout. Mr. Priddy: Is it coordinated with any particular event or fundraiser? Ms. Hardesty: It is. Actually, Sears and the Rotary Club are working together. The reason for doing it is to participate in a Fill the Backpacks for Kids back to school this year. { June 26, 2018 28632 Mr. Priddy: Good luck to you. Thank you. Mr. Wilshaw: Do we have any other questions for our petitioner? Mr. Caramagno: Is this the first time it's been held twice at Sears? Ms. Hardesty: Yes. Mr. Caramagno: I'm assuming that the first one was a good success and this opportunity presented itself again, and it's time to do it again. Ms. Hardesty: That's correct. Yes. And it's a great cause. We met with Sears, and Sears was very interested in doing something for back to school. So we jumped on it. Mr. Caramagno: It is back to school for Livonia school children or the general area? Tell us a little more about that. Ms. Hardesty: Do you want to address that? Jeff Adams, Rotary Club of Livonia, 29824 Minton, Livonia, Michigan 48150. The program is actually going to be inside of LPS and Clarenceville. We're in Livonia. We support Livonia. Do don't really venture too far outside of Livonia unless it's a global project. So all the backpacks and everything that we're able to put together with the funds from this carnival will stay 100 percent in Livonia. Mr. Caramagno: Okay. Very good. Thank you. Mr. Long: The safety inspections. Can you explain that again? I know we talked about that the last time you were here. Do they do that every time you put them up and down or is it just once a year? Ms. Hardesty: They are done every single time we put them up and down. Yes. Safety inspection is done by both our inspectors that are contracted by Wade Shows but also a third party inspector. The State does it periodically, but once a year they're inspected and approved by the State of Michigan, but our inspector does periodically come out and take a look around. Mr. Long: Thank you. Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or against this item? Seeing no one coming forward, is there anything else you'd like to finish with, Ms. Hardesty, before we vote? June 26, 2018 28633 Ms. Hardesty: No. Just thank you for your continued support of us and the Rotary Club as well. Thank you. Mr. Wilshaw: With that, we will close the public hearing and a motion would be in order. On a motion by McCue, seconded by Smiley, and unanimously adopted, it was #06-39-2018 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 26, 2018, on Petition 2018-05-02-12 submitted by Wade Shows, Inc. requesting waiver use approval pursuant to Section 11.03(1) of the City of Livonia Zoning Ordinance#543, as amended, to conduct a carnival in the parking lot of Sears, sponsored by the Rotary Club of Livonia, consisting of amusement rides, games and food concessions from August 9, 2018 through August 12, 2018, inclusive, on property at 29500 Seven Mile Road, located on the northwest corner of Seven Mile Road and Middlebelt Road in the Southeast 1/4 of Section 2, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2018-05-02-12 be approved subject to the following conditions: 1. That the carnival shall be limited to the dates as specified by Wade Shows, Inc., which are Thursday, August 9, 2018 through Sunday, August 12, 2018, inclusive; 2. That the proposed carnival operation shall be confined to the area as illustrated on the aerial layout plan as received by the Planning Commission on May 23, 2018; 3. That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the 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 Sears 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: Thursday and Friday from 4:00 p.m. to 11:00 p.m., and on the weekend, Saturday and Sunday from 12:00 p.m. to 11:00 p.m.; and June 26, 2018 28634 6. That access to fire hydrants is provided for the Fire Department. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the site has the capacity to accommodate the proposed use; 3. That the use of the subject property for carnival purposes will not interrupt the normal traffic flow and circulation in the area and will not impede access to Sears or Livonia Marketplace; and 4. That no reporting City department objects to the proposed use. 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. ITEM #2 PETITION 2018-05-02-13 HERITAGE SQUARE Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2018- 05-02-13 submitted by Kucyk, Soave & Fernandes, P.L.L.C. requesting special waiver use approval pursuant to Sections 20.01 and 20.02A of the City of Livonia Zoning Ordinance #543, as amended, to develop a Planned Residential Development under the Single-Family Clustering option (Heritage Square), consisting of 50 site condominium lots, on properties at 36900 and 36910 Mallory Drive (former Clay Elementary School site) and the property at 16600 Newburgh Road and a portion of the property at 16700 Newburgh Road, located at the east side of Newburgh Road between Five Mile and Six Mile Roads in the Northwest % of Section 17. Mr. Taormina: This is a request to develop a site condominium and Planned Residential Development under the Single-Family Clustering June 26, 2018 28635 option. This is the site of the former Clay Elementary School, as well as a portion of St. Timothy Presbyterian Church, located on the east side of Newburgh between Five and Six Mile Roads. The site is 14.4 acres in size. There is a pending zoning application that would change the zoning of the site to R-2, One Family Residential. City Council gave First Reading on the rezoning at it's June 4 regular meeting, and Second Reading and Roll Call, the final steps in the process, are on hold pending a review of the site plan. Clustering is a development alternative that is available in any R-1 through R-4 zoning district subject to special waiver use approval. It allows for flexible design standards to encourage more efficient use of land as a means of preserving additional open space, providing single family development for difficult sites and offering reasonable alternatives to multi-family development. The option allows for either attached or detached single family dwellings. In the case of Heritage Square, all dwelling units would be detached single-family homes located on individual site condominium lots. The density allowance with R-2 zoning is 3.5 dwelling units per acre. Thus, the 14.4 acre site could yield up to 50 homes. The submitted site plan shows exactly that: 50 condominium lots. There is a single loop road with a connection to Newburgh Road that would provide access to all 50 home sites. There is no vehicular connection to Mallory Drive where it currently dead ends on the east side of the property. The new road, which is also called Mallory Drive, would be a 60-foot wide public street and would enter from Newburgh just south of the church. None of the proposed home sites would have direct access from Newburgh Road. A public walkway is provided between Lots 17 and 18 to join with the existing public sidewalk that is on the south side of Mallory Drive connecting to the Kingsbury Heights subdivision. Under the cluster option, there is no minimum lot size requirement; however, wherever a proposed cluster housing project abuts existing single-family homes, which in this case is along the east and south sides of the property, the ordinance requires either a landscape buffer or conventional size lots. Lots 1 through 21 bordering the site's east and south boundaries where the development abuts existing single-family homes, all measure a minimum of 70 feet by 120 feet, thereby conforming to conventional R-2 standards. The remainder of the lots, 22 through 50, are either internal to the development or border non-residential land uses, most of which take advantage of the flexible design standards that are offered under the single family clustering option. Lots 22 through 37, which are located in the middle of the development, all measure at least 60 feet by 120 feet. Lots 38 through 50, which are located adjacent to the commercial shopping center to the north and the church, mostly measure 52 feet in width by a minimum of 120 feet in depth. June 26, 2018 28636 Management of stormwater would occur in the northeast corner of the site where a forebay for the pretreatment of the runoff would then flow into two detention holding ponds. The submittal also includes a landscape plan that shows a variety of plantings along the site's frontage on Newburgh, along the south and east property lines of the church and abutting office development, around the detention basins, and along the property's north property line where it abuts the shopping center. Also shown are single street trees planted for each individual unit. The plan shows an entry monument sign located in the landscape island at the main entrance. This sign will be restricted to 20 square feet in size and five feet in height and must be located at least 10 feet from the right-of-way line of Newburgh Road. We do not have details for the sign at this point, but it does show on the site plan where it would be generally located. Included with the submittal is a Master Deed and Bylaws which are part of the submission pertaining to the size and type of homes proposed for Heritage Square. The Master Deed and Bylaws indicate that each dwelling unit that is two-stories in height will contain at least 65% brick and/or stone. and for each single-story home, at least 80% of the structure will be brick or stone. Minimum home sizes specified in the Master Deed and Bylaws include ranches at 1,500 square feet and multi-story homes, cape cods or colonials, at 1,800 square feet. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: There are several items of correspondence. The first item is from the Engineering Division, dated June 8, 2018, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced rezoning petition. We have no objections to the proposed waiver use at this time. The existing parcels are assigned the addresses of#36900 and #36910 Mallory Drive and #16600 and #16700 Newburgh Road. The legal description provided with the submitting drawings for the proposed waiver use appears to be correct and is acceptable to this office. The existing parcels are currently serviced by public utilities, but the submitted drawings do not show proposed connections or calculations, so we cannot determine impacts to the existing systems at this time. The developer has been in contact with this Department throughout the planning process, and is aware of the site plan requirements including storm water detention. We would like to request that the owner look at connecting the proposed development with the existing Mallory Drive to the east, to provide a second access point in cases of accidents or emergencies along Newburgh Road that could block June 26, 2018 28637 the primary entrance. We will provide a detailed review once full Engineering site plans have been submitted for approval." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated June 11, 2018, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to develop a Planned Residential Development under the Single- Family Clustering Option (Heritage Square) on property located at the above referenced address. We have no objections to this proposal with the following stipulations: (1) Adequate hydrants shall be provided and located with a maximum spacing of 300 feet between hydrants. Most remote hydrant shall flow 1,500 GPM with a residual pressure of 20 PSI. (2) Adequate hydrants shall be provided and located with spacing consistent with the use group. (3) Hydrant spacing shall be consistent with City of Livonia Ordinances." The letter is signed by Keith Bo, Fire Marshal. The third letter is from the Inspection Department, dated June 18, 2018, 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 fourth letter is from the Treasurer's Department, dated June 1, 2018, 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, 1 have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. The fifth letter is from the Finance Department, dated June 5, 2018, 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 Coline Coleman, Chief Accountant. We did receive seven items of correspondence via email regarding the project from residents indicating their objection to the proposal. Each of the Commissioners should have copies of those letters in your packets. Thank you. Mr. Wilshaw: Yes. Thank you, Mr. Taormina. Those letters are in our packets. I appreciate that. Are there any questions of the Planning Director? Seeing none, the petitioner is here. We will need your name and address for the record please. Enrico E. Soave, Kucyk Soave & Fernandes, PLLC, 37771 Seven Mile Road, Suite C, Livonia, Michigan 48152. Good evening, everyone. First off, thank you, Mr. Taormina, for your presentation. It was very thorough. I don't want to be redundant on a couple issues or explanations Mark had during his presentation, but if the Planning June 26, 2018 28638 Commission would remember back in February of this year, we had a pretty much close site plan during the rezoning stage of this, which you approved, is starkly different from the site plan that you have before you tonight. Just glancing at it, you can see a huge difference. Five revisions in total. I know the City Council had a lot of feedback. We made a lot of revisions. A lot of that was due to neighboring concerns. Big three in my mind, R-2 zoning, which creates greater setbacks in between units, for the front yard setbacks lower density. Another huge one that the neighbors voiced their opinion was, elimination of all the attached condominium units. This is all single family. I think we had 57 units proposed and we have 50 here tonight in the allowable limits of R-2 zoning. I was looking over the site plan earlier today and I noticed clustering and we're doing from R-2 sized lots, conventional R-2 sized lots, from the south and to the north near heavy commercial office and St. Timothy's Church, we have smaller size units to accommodate from going from residential to heavy commercial. Factoring in all 50 lots, if you were to look at the square footage of each and every lot, all 50 lots, and you divide that by the number of units, you get an average square foot of each unit. I'm not surprised, but the average square foot of the units is 8,281 square feet. R-2 zoning requirements, conventional R-2, is 8,400 square feet. So averaging it out, all 50 lots were 119 square feet short of all lots meeting R-2 square footage when you factor in the clustering and all the lots. Also significant in the site plan is more open space. We provided a public pedestrian pathway connecting the adjacent communities and extensive landscaping on this plan. More so than we normally offer in providing our subdivisions, especially if you pay attention to the detention ponds to the north of the property. You see landscaping on that. I'm sure the Planning Commission can admonish that you don't normally see landscaping surrounding detention ponds whether there is commercial, residential or otherwise. That was another thing for the neighbors to provide extra screening and beautification of the property. At the end of the day, this is not the plan that we wanted. Back in February we put forth the plan we wanted, but if you stop pause and be honest with yourself, the neighbors are, I think it is a plan we can live with, and I hope it's one that the Planning Commission can live with as well. Thank you. Mr. Wilshaw: Are there any questions for our petitioner? Mr. Long: The Engineering Department offered up the thought that you may want to consider extending Mallory Drive and connecting it. Can you share your thoughts on that? I know that's not what this says here. June 26, 2018 28639 Mr. Soave: You got a dozen people in the room and took a poll. Would you want the road to extend or not to extend? You'd probably get six saying yes, six saying no. When we first started this project, the first concern was traffic, traffic, traffic on Newburgh. Understandably so. We paid a traffic consultant, paid a lot of money for it, nominal to traffic. What happens when you open up Mallory, and that was with the site plan closed off. What happens when you open up Mallory as a thoroughfare? So now, you have a direct line from Newburgh proceeding east to Levan that never existed before. All through this process, the neighbors said we have a lot of speeding cars down Levan. That's going to add traffic. We're spending a lot of money on this proposed development now and when if it goes through. That's a big detraction. Now you have mostly families in here, kids in the street. So now they have to contend with cars and traffic during rush hour wanting to get off Newburgh zooming from Levan off Fitzgerald. I think that's a very poor decision, and we're not in favor of it. Public Safety, Keith Bo, is satisfied with how it is. It's safe. Has the boulevard. It's 50 lots. It's more than satisfactory. Mr. Ventura: Mr. Soave, in that same area, I see that we have a label called open space and there's a sidewalk that goes through to the sidewalk on the south side of Mallory Drive. Mr. Soave: Yes. Mr. Ventura: Can you talk about what's in the open space, number one, and number two, what's at the interface of the open space and the paved Mallory Drive? Mr. Soave: Yes. Pedestrian walkway that will be sodded and irrigated to maintain beauty. We don't plan on putting landscaping at this point in time; however, there is decorative fencing that actually screens that in from where Mallory dead ends. Mr. Ventura: So there's a visual barrier at the end of Mallory Drive. Mr. Soave: Right. The addition would be fencing that would actually enclose that area but for the width of the pedestrian walkway. Mr. Ventura: And who will maintain the planted grass there? Mr. Soave: The Association will. Mr. Caramagno: The houses that are being built, are they going to be all front entry garage doors? Is there anything going to enter from the side? June 26, 2018 28640 Mr. Soave: We will have a handful of side entry garages. I mean, they're not required, but they will be available for side entry, and I think based upon the numbers, I think a good deal of these lots could accommodate depending upon the home style being built there with three-car front entry garage. Mr. Caramagno: How many options of houses are you going to offer here? Mr. Soave: There will be a plethora of options. There will be two different builders in there, different plans. So I would venture to say a dozen different plans. A mixture between different size ranches, colonials, first floor masters, and our minimums 1,500, 1,800, respectively. They're really nice homes. It's going to be a great development. Mr. Caramagno: It could look similar to the neighborhood to the east and just updated homes. That's all. look at floor plans, these homes Mr. Soave: I think when this is done, if you on average will be larger than the homes in the surrounding areas. But you're also taking in two different communities, one to the east and one to the south. So we're anticipating a lot of need for ranches in there but also a lot of need for larger colonials. So you will be seeing larger size colonials in there. Mr. Caramagno: There's plenty of colonials neighboring to the south and to the east there too, so it seems it would fit. To me, it seems like it will fit well. When you look at the average lot size, you said it was . . Mr. Soave: 8,281. They did it on an Excel sheet so I hope that's accurate. Mr. Caramagno: So almost 8,300 is the average lot size; not the overall property. Mr. Soave: Yeah, overall unit size. Unit size, lot size, correct. Mr. Caramagno: But it didn't include the retention area. Mr. Soave: No, definitely not. Mr. Caramagno: So that area, you actually lose the ability to have larger lots because of it taking up the property there. Mr. Soave: That detention pond, developing these days, exacts a lot of property and that's one of the reasons why property and development costs so much because a lot of it is lost during the June 26, 2018 28641 development stages. The neighboring communities, when their houses were built, probably one of the reasons why they're experiencing drainage issues is they didn't have the engineering today for these ponds. If you look at land mass, in fact, their lot sizes are a lot bigger. Mr. Caramagno: You said that the detention pond is going to have landscape. I see landscape to the east of that and I don't know, because I didn't drive back there, but to the north, is that along that brick wall, still behind Busch's market? Mr. Soave: If you slip over to the landscape page, I think that will show it. I'm not sure if landscaping goes in the back. Those are trees. There are trees in the back there as well. Mr. Caramagno: But that wall is back there also. Mr. Soave: That wall is tough to contend with. It's tall, ten feet tall in most areas, and not the best color either. Don't forget you're backing up to an alleyway where Busch's and all the rest of the retail is there. You're dealing with the noise. We're hoping that a screen belt back there will help reduce some of the noise, especially early morning deliveries. It's a lot to contend with, and I think it is going to be a detraction and harder to sell those units back there. Mr. Caramagno: Okay. Thank you. Mr. Wilshaw: Any other questions for our petitioner. Mr. Soave, quickly, I wanted to ask just a couple brief things. The subdivision is going to have sidewalks and streetlights? Mr. Soave: Correct. Mr. Wilshaw: And tell me a little bit about the homes in terms of the projected sale prices. Mr. Soave: Projected sale prices will probably be starting at low $300's. Mr. Wilshaw: With that, if there are no other questions for our petitioner, we'll go to our audience. Is there anybody in the audience that wishes to speak for or against this item? Please come forward. We are here to listen to you. Please start with your name and address. Sandra McDonald, 37124 Munger, Livonia, Michigan. I've got a question about the landscaping. I'm right on Munger Street so my home will back up to another home now. I'm curious about the landscaping that they plan to do back there. I've got a fence that goes anywhere from June 26, 2018 28642 probably five foot up to maybe six and a half. The fence is rusted. It's not my fence. So I'm curious to know what the plan is to deal with that. I don't see on the plans any landscaping for this area. Mr. Wilshaw: That's correct. Looking at the landscape plan,where houses back up to houses, there is no indication of any additional landscaping added that's not already there, but we will ask about the fence when the petitioner comes back up. So thank you. Robert Sluka, 16791 Fitzgerald, Livonia, Michigan. Good evening, Mr. Chairman and Planning Commission members. My back lot line is shared with the east boundary of the property. I have to agree that the second preliminary site plan that we're looking at up on the screen is an improvement over the previous plan. No question about that. There's a big but. Fifty-eight percent of these R-2 zoning district lots are shown with R-1 width or less. You know, it's one thing to reduce lot width by 10 feet to an R-1 dimension of 60 feet, but an 18-foot reduction of 26 percent to 52 feet, I feel is extreme, especially when a quarter of the lots in this project are involved. Many of you probably have Section 20 of the Zoning Ordinance memorized, but Section 20.04 states: The Planning Commission shall send their resolution recommending approval or denial to the City Council for the final determination based on the following standards. First paragraph, sub marked a, the proposed use or uses shall be of such location, size and character as to be in harmony with the appropriate and orderly development of the Zoning Ordinance in which it's situated. Then it continues on and there's more, and this is the particular standard that I'd like to focus on in the remainder of my remarks and plain and simple, 52 foot wide lots are not in harmony with surrounding R-2, R-3 neighborhoods with 70 foot and 80 foot wide lots. This is not Washington Park, which is located in an R- 1 neighborhood. It's zoned R-1 and built R-1. The issue mainly here is curb appeal. Frontage of the house and its setting on a lot has a lot to do with the overall appearance. We saw a few moments ago some very beautiful photos of some attractive homes. You notice, they have expansive side yards and lush backyards. It's a different setting when you drive through Washington Park. That's what I expect if the plan goes forward as presented. I don't think there's any question that at some point in time, surrounding home values and SEV will be negatively affected by the substantial presence of the sub-R-1 lot sizes, especially when the housing market inevitably cools off. So my challenge is not to the R-1 lot sizes that are there, but to the 52 foot lots. I feel that they really don't belong. So my appeal to you, Planning Commission members, is to approve the preliminary site plan but with the condition of minimum lot width limited to 60 June 26, 2018 28643 foot while maintaining the 21 70-foot wide lots along the Munger/Fitzgerald perimeter. I assume that your recommendation to the Council will include conditions as you did for the Washington Park approval. I'm requesting brick or stone be required on all four sides, and what I heard earlier tonight seems that would be complied with, and specific maintenance responsibilities be identified for the open spaces and detention ponds. Being a site condominium, and owners are responsible for the upkeep for the maintenance for not only their house but for their property. And I think that I haven't seen any documents that identifies the responsibility for that. I'm going to be looking right at the detention pond. I'm going to have landscaping according to the plan which is going to help block it out. But I've got to tell you, detention ponds are usually ugly. A drive through Washington Park right now will tell you, but I realize the necessity because flooding is an issue when we have sustained hard storms. So I want to remind everyone that the Kingsbury Renwick Park residents have very serious concerns about stormwater management on this project. It does not seem to be realized how much water pours off the south boundary of the Clay property onto Munger, and you know it's 180 degrees away from where the detentions are. There's obviously got to be some grading and some other measures put in place. And there are other existing problems like that detention pond shown, the drain into a storm sewer which runs full under hard rain conditions. I have photos to document that. So I'm hoping that when it gets time to do construction, and I'm all for getting on with construction. Mortgage rates are going up. Let's get this job done but I am really objecting, as do many of my neighbors, to these tiny lots. Transition or not, there are a lot of people that don't want a neighbor in their backyard and they would rather look at a wall than deal with a neighbor, and I'm sure we can find clients who are interested in that kind of property. So thank you for your consideration of my remarks this evening. Mr. Wilshaw: Thank you very much, Mr. Sluka. I just wanted to point out to you, in terms of maintenance of the ponds and the common areas, that's defined in the Master Deed of the condominium association. So that's part of the legal document that will define where the common and open areas are and who is responsible for maintaining those. So that will be taken care of. Mr. Sluka: Thank you. Mr. Wilshaw: Thank you, sir. With that, is there someone else in the audience wishing to speak? {ff June 26, 2018 28644 Christine Yee, 37150 Munger, Livonia, Michigan. Good evening. I'll just tag onto what that gentleman has said. There was an article in news a couple months ago. There was a flooding in the City of Taylor subdivision that the builder had built and it was full of it and they had issues. There was some finger pointing between the City versus the home association about who's responsible. I just want to bring it up and make sure that when and if we build these houses, flooding is taken into consideration. I mean it impacts the new development and also the neighborhoods around the new development. Mr. Wilshaw: Thank you. Is there anyone else wishing to speak on this item? Okay. I'll ask if the petitioner would like to come back up to the podium. Mr. Soave, you heard a couple of comments from our residents. One in particular I wanted to ask about was a question regarding the fence line on the east side. Apparently, that's not the residential homeowner's fence. Is that going to be your fence and your responsibility to repair that? Mr. Soave: The fence on the eastern or southern portion of the property. Mr. Wilshaw: Southerly. Mr. Soave: In the audience is a representative from St. Timothy's, Norman, the Pastor, and based upon our engineering and typography, those do not seem to be on this property. It seems to be inside the homeowner's property. We spoke with St. Timothy's and they said it's not their fence either. I know it's been there for quite some time. Mr. Wilshaw: I'll leave that for you to work with the homeowners in your development process to see if you can come to an amicable resolution on that. In terms of any other additional landscaping provided along the fence line, you don't have additional landscaping that you're providing along the residential homes other than what we see on the site plan. Correct? Mr. Soave: That's correct. The previous site plan that the Planning Commission saw, there was extensive landscaping on a portion of the property; however, that was due to buffering of the attached units that were proposed. With all these being 70 foot lots, I mean if you can see, some of those lots are almost 150 feet deep.There is no further landscaping. Mr. Wilshaw: Okay. Thank you. Is there anything else you'd like to add from any of the comments that you heard? June 26, 2018 28645 Mr. Soave: Not really, except I can agree with one of the comments. One of the gentlemen said that we're also looking forward to getting started on this as well. Mr. Wilshaw: Are there any questions from the Commission? Mr. Ventura: Mr. Soave, is there anything that would preclude an owner of a unit on the south boundary from adding his own landscaping? Mr. Soave: No. There are no restrictions or easements, etc., other than maybe utility easements, to prevent them from doing landscaping. No. These are conventional size lots and there would be nothing in the Master Deed and Bylaws that would prevent them from adding additional landscaping. Mr. Ventura: Will it be each owner's responsibility to maintain his site? Mr. Soave: That is correct. Mr. Ventura: And is it your experience that when people buy these that they do landscaping? Mr. Soave: Absolutely. It's actually a requirement. The Master Deed requires them after a certain period to landscape, and I think they also require a landscaping bond at closing, so if it's not done within a reasonable period of time, depending on the time of year they close, if it's not done, they forfeit the bond and the developer/association would put landscaping in. Mr. Ventura: Thank you. Mr. Caramagno: I heard you mention earlier about the brick wall backing up to the supermarket and it could make things difficult in the way of attractiveness to these properties. Then I heard one of the speakers here tonight talk about the width of the lots, the 52 feet and the compatibility with the neighborhood, but then he also said a transitional approach to where the lots are. So I kind of hear what you're saying. Tell me about the transition. You're thinking of transitional small lots as you approach the commercial property. Tell me just a little bit about that. Mr. Soave: On how the transition takes place, the rationale behind the trend? Mr. Caramagno: Just your rationale with it because I heard you say that the lots might be a little bit difficult to . . . . not as attractive here. I did hear, I forget his name, but he talked about a transition and compatibility with the neighborhood. Well, to me it seems that June 26, 2018 28646 there's a definite transition between what will abut up to the neighborhood and what will abut up to the back of the church and the back of the shopping complex there. So, is that why you chose to put a smaller lot back up to that commercial property? Tell me just a little bit about that. Mr. Soave: It figures into the overall development scheme. Obviously, it has to be profitable in order for any business venture to go forward and someone to invest millions of dollars in there. Number two is, half the property is residential, half is commercial and office. If you were to develop a portion of that property and left the segment of land behind the parking lot of St. Timothy's, why couldn't St. Timothy's or someone else buy the church, if they were to sell it, and continue on to put an office building there? The church behind it, there's commercial and office right next to it. It's an office setting. Originally, the plan we wanted was to put attached units there. There's other areas in the city that have sandwiched between an area of residential and commercial, apartments, and they make the transition from single family to multi-family to commercial. Another thing is, if you were to put big lots back there, 70, 80-foot lots, you could have a lot more open space in between it obviously. More open space over there, also allows for the naked eye from that development to see more of Busch's, to see more of that brick wall, to hear more noise. So actually having smaller sized lots there actually adds a screen belt because you have more houses there to help balance that and protect the rest of the subdivision from the scenery, the sounds and the sights behind Busch's. I don't know if you've been back there, but they have deliveries come in there at 7:00 in the morning sometimes, before 7:00 in the morning, garbage trucks back there. So people are going to be spending $350,000 - $400,000 back there. If you want this to be an attractive development, and an attractive development means all four corners of that development, not just three sides of it. Mr. Caramagno: Thank you. Mr. Wilshaw: Do we have any other questions for our petitioner? Seeing none, I will close the public hearing and ask for a motion. On a motion by Ventura, seconded by Smiley, and unanimously adopted, it was #06-40-2018 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 26, 2018, on Petition 2018-05-02-13 submitted by Kucyk, Soave & Fernandes, P.L.L.C. requesting special waiver use approval pursuant to Sections 20.01 and 20.02A of the City of Livonia Zoning June 26, 2018 28647 Ordinance #543, as amended, to develop a Planned Residential Development under the Single-Family Clustering option (Heritage Square), consisting of 50 site condominium lots, on properties at 36900 and 36910 Mallory Drive (former Clay Elementary School site) and the property at 16600 Newburgh Road and a portion of the property at 16700 Newburgh Road, located at the east side of Newburgh Road between Five Mile and Six Mile Roads in the Northwest 1/4 of Section 17, which property is in the process of being rezoned from PL and R-3 to R-2, the Planning Commission does hereby recommend to the City Council that Petition 2018- 05-02-13 be approved subject to the following conditions: 1. That the Master Deed and bylaws complies with the requirements of Article XX, Section 20.01-20.06 of Zoning Ordinance #543, as amended, and the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinances, subject to the following modifications and exceptions: - that each condominium unit shall be brick or stone, on all four (4) sides, and the total amount of brick or stone shall not be less than 80%; - that the minimum floor area for each dwelling shall not be less than 1,500 square feet; - that all exterior chimneys shall be brick; - that the dedication of public open space for parks and recreational use pursuant to Section 16.24.270 is hereby waived; 2. That the Preliminary Site Plan identified as Sheet 1 dated May 4, 2018, as revised, prepared by Arpee/Donnan, Inc., is hereby approved and shall be adhered to; 3. That the Landscape Planting Plan and Landscape Notes and Details identified as LP-1 and LP-2, respectively, both dated May 29, 2018, prepared by Nagy Devlin Land Design, are hereby approved and shall be adhered to; 4. That underground irrigation shall be provided for all common open space areas, but not including those areas of the detention ponds and forebay located below the 678-contour line as depicted on the Preliminary Site Plan; €�g June 26, 2018 28648 5. That streetlights and sidewalks shall be installed throughout the development to the satisfaction of the Engineering Department; 6. In the event of a conflict between the provisions set forth in k' the Master Deed and bylaws and the requirements set forth in the City of Livonia Zoning Ordinance No. 543, as amended, the Zoning Ordinance requirements shall prevail and petitioner shall comply with the Zoning Ordinance requirements; 7. That the petitioner shall include language in the Master Deed and bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities; 8. That only a conforming entrance marker is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 9. That the petitioner shall secure the necessary storm water management permits from the City of Livonia Engineering Division; 10. That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; and 11. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr.Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. June 26, 2018 28649 ITEM #3 PETITION 2018-05-08-05 ONE UNDER Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2018- 05-08-05 submitted by Brian Tominna requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, regarding a proposal to construct additions and remodel the interior and exterior of the existing restaurant (One Under) at 35780 Five Mile Road, located on the north side of Five Mile Road between Ellen Drive and Levan Road in the Southeast ' of Section 17. Mr. Taormina: This is a request to expand and remodel the existing restaurant known as One Under located adjacent to the Idyl Wydl Golf Course on the north side of Five Mile Road between Ellen Drive and Levan Road. The size of the property is 1.61 acres in size and it includes 436 feet of frontage on Five Mile Road.The zoning of the property is C-2, General Business. The existing full service restaurant and banquet facility was originally owned by the City and leased to a private operator as part of the Idyl Wydl Golf Course. In 2000, the City sold the restaurant and banquet hall known then as Bobby's Country House, and the new owners changed the name to Sandtraps on Five. Subsequent to that, the property was sold again to the Tominna family and they changed the name to One Under.The operation of the restaurant is subject to a cross-access and parking agreement with the City. The site contains a total of 108 parking spaces. Additional parking available on the golf course that brings the total number of spaces to 212. The agreement allocates a total of 156 spaces to the restaurant and banquet hall during the golf season, which is April through October, according to the agreement. During these months, the number of customer seats is limited to 288, which translates to approximately 128 seats in the lower level, the bar and dining areas, and then in the upper level, 160 seats. The largest addition occurs on the east side of the building. This would expand the restaurant's dining area. It is not intended to increase the seating capacity but instead improve work flow. This addition would displace most of the restaurant's existing outdoor patio. The addition is one story in height and approximately 1,500 square feet in area. The revamped interior would include a larger walk-in cooler, a larger lounge area, hostess and wait stations as well as an enlarged bar area. The exterior finishes include mostly a synthetic or composite wood siding, as well as stone on the lower part of the addition.The windows are actually roll-up garage doors. The addition that occurs in front of the existing building has a flat roof and is one story in height. Any rooftop mechanical equipment will be screened within a well that would be covered on top. So there would be no visibility of any rooftop mechanical June 26, 2018 28650 units. The fence around the relocated patio occurs on the east and north sides of the addition. It would extend about 12 feet out from the building. It's not as large as the previous outdoor patio, but it would accommodate 30 seats, which is equal to what currently exists. The outer perimeter is confined by the six foot high sections of decorative fence. The next addition occurs on the north side of the building. This is a two-story addition that would constitute a new main entrance and lobby to the restaurant. This addition has a ground floor area of about 380 square feet. It would include a new vestibule as well as lobby and also provides secondary access to the upper level of the banquet hall. There is a small bump out from within the restaurant's lounge area. This will accommodate a new stage for performers as part of One Under's entertainment operations. On the upper level of the addition, the existing outdoor porch is going to be completely remodeled and extended across the front of the new lobby and entrance addition. The exterior finishes include both stone for the vestibule/lobby and a burnished block for the stage bump out. The outdoor porch on the second level is going to be completely remodeled with new columns. It extends further to the north in front of what is that area shown in orange or beige. That is the second story. That's the new entry and vestibule addition. On the first floor plan, next to the vestibule/lobby, again also on the north side, is the stage. The last and smallest addition to the facility would occur on the southwest corner of the building. This is about 200 square feet in size, and will be utilized primarily for storage in connection with the banquet facility. Like the stage addition, the exterior finish would be the dark gray burnish block. There are other modifications to the building including a new roof. The existing shingled roof would be replaced with metal standing seam. I indicated that the balcony would be replaced as well as all the columns improved and some other modifications on the south side of the building facing Five Mile Road relative to screening some of the mechanical equipment and other service features. The dumpster area and those things will be addressed better both with some stone work as well as some additional landscaping. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: There are six items of correspondence. The first item is from the Engineering Division, dated June 8, 2018,which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed project at this time. The existing parcel is assigned the address of 35780 Five-Mile Road. The submitted June 26, 2018 28651 legal description appears to be correct, and should be used in association with this petition. It should be noted that the existing parcel is currently serviced by public water main, sanitary sewer and storm sewer. Any exterior alterations that include new buildings or pavement will require storm water detention per the Wayne County Storm Water Ordinance. The submitted plans do not indicate any utility information, so we cannot comment on impacts to the existing systems at this time. If approved, the owner will need to submit full Engineering plans to this Department to determine what permits will be required. Also, should the owner need to complete work within the Five Mile Road right-of-way, permits from the Wayne County Department of Public Service will be required."The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated June 11, 2018, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct additions and remodel the interior and exterior of the existing restaurant on property located at the above referenced address. We have no objections to this proposal with the following stipulations: (1) Subject building(s) are to be provided with an automatic sprinkler system, and on-site hydrants shall be located between 50 feet and 100 feet from the Fire Department connection. (2) Commercial kitchen Hood and Duct fire suppression shall be a UL 300 system and comply with NFPA 96. (3) Building shall be protected by an automatic sprinkler system. (4) Knox Box installation is required for Fire Department access. (5) CO2 detection required for beverage distribution systems and coolers if tank/tanks are 100 lbs. or greater. (Per 2015 IFC 5307.1)" The letter is signed by Keith Bo, Fire Marshal. The third letter is from the Division of Police, dated June 6, 2018, 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 Brian Leigh, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated June 18, 2018, which reads as follows: "Pursuant to your request, the above referenced Petition has been reviewed. This proposal will require the building to have fire suppression installed throughout in accordance with the Michigan Building Code. This will be addressed at the time of plan review if this project moves forward. This Department has no further objections to this Petition."The letter is signed by Jerome Hanna, Director of Inspection. The fifth letter is from the Treasurer's Department, dated June 1, 2018, 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 June 26, 2018 28652 signed by Lynda Scheel, Treasurer. The sixth letter is from the Finance Department, dated June 5, 2018,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: Unpaid water and sewer charges (last payment 3-6-18) $1,693.11; Annual/Biennial Building inspection $100.00; 2017 roving cart fees $684.60; 2018 roving cart fees $1,750.00. Total Due City of Livonia $4,227.71." The letter is signed by Coline Coleman, Chief Accountant. I will note that those have all been addressed as recently as this week. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? I don't see any, so we will go to our petitioner. We will need your name and address for the record please, and is there anything else you'd like to add from what you've already heard? Brian Tominna, One Under, 35780 Five Mile Road, Livonia, Michigan 48154. No, I don't really have much to say. It's good to be here. We're really looking forward to making some nice changes to the building aesthetically, interior and kind of bring it up to 2018 standards. Mr. Wilshaw: What brought about this need for these changes? Mr. Tominna: I don't know. Just trying to make everything better around us, within us, you know. Just time for a change. When we got involved in this a long time ago,we knew a little bit. Now, we know a little bit more. Mr. Wilshaw: Well, thank you. Are there any questions for the petitioner? Ms. Smiley: I'd like to see their building material samples. Mr. Wilshaw: We do have the architect here, Mr. Kritzman. I think you can just hold them up by the podium and let the camera pick them up. Brandon Kritzman, NGA Architects, 23761 Research Drive, Farmington Hills, Michigan 48335. It's interesting to be on this side of it for a change. I've been working with Mr. Tominna and his brother, Steven, for quite some time now. Just to touch based on some of the things that we are trying to solve there, and Mr. Taormina referenced it quite a bit. A lot of the moves that we're making inside the restaurant have to do with making operations a little smoother. Some of the things that you see in the floor plan are actually pictured on your screen at the moment. What you don't see is that the bar is moved out two feet. So it's not adding any additional capacity to the bar itself, but it's making it so that two June 26, 2018 28653 people can walk past each other without bumping into each other. That's one of the smaller moves. There is a storage area being added directly adjacent to that. There's a significant amount of walk-in cooler storage that's added. So while it seems like there's a significant addition to the dining area, quite a large percentage of it is about displaced area that they are trying to recapture. The stage area, again, is another example of that. They're currently setting up and taking down temporary stage setups. So this is an opportunity that is specifically designed so that their stage setup works in that pocket. The idea is that they'll be able to leave it up. The storage that's added to the second floor, they've got table and chairs being stored in the kitchen area, which kind of makes that a very unusable sort of space. A lot of the moves being made are about improving the storage capabilities, which in turn will help with a lot of the operations. Additional, there are some safety issues related to the safety of the balcony, which is why that is, in essence, being entirely torn off and rebuilt. Additionally, one of the driving factors behind that two-story entrance is so that you can have a better egress exit from that upper level should there ever be an emergency. With that, I'd like to share some information about the materials. This is a cultured stone product that we see in a lot of applications. The brick that we're showing here, it's labeled as an existing brick. It's just the closest color we can get to approximate the existing building. The upper levels where you see the lap siding and the standing seam metal roof and all the trim, that will be a darker cement fiberboard color. The burnished block, which as you're all likely aware, I'm not a huge fan of burnished block in larger applications. I like to use it in these smaller applications, and the intention is to go to the half- height version of it so that it's got more of a utility brick sort of feel. That would have either silver or black coping along the top. The biggest feature of this one is the dining addition off the front, and that is where we were looking for that synthetic wood product. What we settled on is a decking material. It's made by Azek, which many of you may be familiar with on a residential scale. They have a thinner product, which is a cladding material that is able to be used in vertical applications. So that is the best product that we found above and beyond say a hardy board. The problem with that is that it has a very monotone looking color. So it looks like wood painted and that's not really what we were looking for. We were looking for more of a stained look that has more variety to it. Settling on the Azek product helped us get the look that we were looking for. We spoke last time about trying to create a big difference between a very classical looking existing building and the fluted columns and the more modern look that we're trying to go for with the additions. Any questions on any specific materials? June 26, 2018 28654 Mr. Wilshaw: Thank you. Do we have any questions? Ms. Smiley: I appreciate the presentation. It has an entire new look to it. I've been to One Under. I don't recognize the new one. Mr. Kritzman: The building has slowly been evolving over time. Mr. Taormina ran through the past history of it and when it was built and when it was developed and when it changed hands, and what you see over that time is that a lot of the interior has evolved. The upstairs, I think was about eight years ago, went to a more contemporary sort of look,where downstairs really was just about stripping it out and kind of having that open atmosphere. This is going to be a far more articulated look inside as opposed to it just being stripped out. Ms. Smiley: Thank you. Mr. Ventura: When do you anticipate you'd break ground on these improvements? Mr. Tominna: Whenever we go through the proper process. Mr. Ventura: And is financing in place for the project? Mr. Tominna: It's in place. Mr. Ventura: So if you get through Council and everything by say the end of summer, will you start this fall? Mr. Tominna: I would love to start this fall. Mr. Kritzman: Frankly, Brian would like to start in two weeks but he recognizes that there is a couple steps in the way and we recognize that there's a lot of design left to do on the civil engineering side to comply with the Wayne County standards. Mr. Ventura: Thank you. Mr. Priddy I like the presentation. It looks like a very updated building. Currently, I think guests can access the building from the front or I guess from the parking lot directly through the middle. Mr. Tominna: Yes. Mr. Priddy: Is that still the goal or are you moving it to the side? June 26, 2018 28655 Mr. Tominna: We're going to move the entire entrance to that side. The way it's going to flow now, its just going to be a lot easier, especially with the majority of the parking being on that side and the two-story foyer look and just the way everything kind of fits, that side door is used a lot all the time. Mr. Priddy: Are you discouraging anyone from coming in through that? Mr. Tominna: I think there will just be exits on that side only. Mr. Priddy: So you're directing everyone to the main lobby. Mr. Kritzman: There will not actually be any entrances on that side. The current entrance is exactly where the walk-in cooler is planned for and the patio area will be exit only. Mr. Priddy: I noticed that and that's why I was asking the question because I know the current flow is different. Mr. Tominna: It's going to be different but once everything gets put in place, it's going to flow very well. I was walking through that a lot of times through my head and just the change and everything, but just the dynamics of everything that we're going to be able to offer is just going to make that visit that much better, I think. Mr. Kritzman: Mark, if you could stay on that slide for just a moment, I'd like to point out something about that front entry piece specifically, Mr. Priddy, was intended to speak to both areas of the parking lot, and the actual front entrance where you'd be entering from the door standpoint is on the same façade direction. It's still on that east side of the building, but this would offer an opportunity for that front entrance to be a little more readily visible to people approaching from the other sides of the building Mr. Priddy: The banquet would then still be from the back on the top? Mr. Kritzman: Yes. Mr. Priddy: I noticed too, just another question, is you kind of touched a lot on the sides and everything, but you still have that outdoor storage on the south side of the building. How do you plan on addressing that and kind of cleaning that up a little bit? Mr. Kritzman: There is two existing corrals on that side. Unfortunately, just the way the building is sited, I'm sorry, did you say east? You're talking the south side. 1 June 26, 2018 28656 Mr. Priddy: The south side. 1 Mr. Kritzman: So there's two existing corrals. One is the grease trap area; one is the dumpster location, and then you've got the walk-in cooler that's located behind a concrete block area. Each of those two corrals and the cooler addition that's pre-existing, are all going to be re-clad in the stone. So that will clean that up. We'll be putting new doors on each of those bays. Additionally, and you can see that in the elevation and also one of the floor plans, recognizing that there's just a bit of a back access point to virtually any restaurant. We've gone out of our way to put that L-shaped screening with the same accent material with the burnished block and there will be some open fencing there as well. So the idea is that you're going to ... it's going to be a significantly cleaned up entrance off that Five Mile side. Mr. Priddy: Okay. So we're not really adding any more storage. We're sort of Mr. Kritzman: No. There is no additional storage. It's really just screening of what's there. Mr. Priddy: Thank you. Mr. Caramagno: Just so I don't get lost when I walk in there. The walk-in cooler that's going to be new, will that block the view of the dance floor and the stage? If you're on the south side of that, is that glass or what is that? Mr. Tominna: It's kind of like the one we currently have. It's just twice the size. You'll be able to see through, but when you're on the new addition side, you'll be able to see through and kind of hear through, but those walls open up a little bit too. So the dynamics of the whole building is the whole downstairs can kind of open, an open air concept if we want to like on a nice day. Mr. Caramagno: But that cooler will be a barrier toward the stage and the dancing area? Mr. Kritzman: It will, in effect, be a barrier for sure. You're going to have visibility from four feet up because it is intended to be stainless steel up to about four feet and then large pane windows, very similar to the existing walk-in cooler back near the bathrooms. But based on the amount of volume and materials that they want to store in there, it will end up being a bit of an obscured sort of view. So if you were there for a concert, I wouldn't pick the seats on the other side of it. Part of the reasoning behind the layout is that they're June 26, 2018 28657 looking for greater flexibility so that, as Mr. Tominna mentioned, some of those spaces could be closed down for a private party if needed. They have a lot of people who come that maybe they're coming after a wake or a funeral or a retirement party. It doesn't really rise to the level of needing the banquet center, but they would like to be able to have their own little cordoned off area. So it's not intended to be an overall music venue with people packed wall-to-wall. Mr. Caramagno: Okay. And the other question I have is, when you're upstairs on the walkway on the balcony, and you're overlooking the new addition, I see some grating. What will you be looking down at in that grating up there? Mr. Kritzman: You're referring to the greenery that's up there? Mr. Caramagno: The existing balcony that will be replaced, and then you look out onto the new roof. It looks like some grating. What is that? Mr. Kritzman: That's the mechanical well. So if you think back to the building addition itself, it's got that walk-in cooler that we're talking about in that space. Well, the ceiling on the walk-in cooler is only eight feet, so you've got another foot for structure. So really you've got about nine feet up there to the bottom of the structure. So you've got your compressors and you got duct work running through there. The idea is the dining rooms on either side of it go up to about 14 feet. So that allows us to take the mechanical equipment serving those spaces and tuck it on top of the walk-in cooler. That grating is intended so that you get air circulation, which is what is needed to service the equipment, but it will limit the view from that upper balcony area. So if you built that addition and put a roof top unit at the same height as the rest of the roof, you've got roof top units up there that's four feet tall that wouldn't be a particularly great view from the balcony. So they're putting some additional investment in it to create, in essence, a mechanical well, a big bathtub up there and draining it properly, but that grating will also allow the screening. If you can imagine that grating, it's louvered. And those louvers will be pointed away from the balcony so if you're at the balcony, and you look, you'll see the louvers. You'll never see the mechanical equipment. Mr. Caramagno: Okay. Mr. Kritzman: That will also help control the sound away from the building. Mr. Caramagno: Good. Thank you. June 26, 2018 28658 Mr. Wilshaw: Are there any other questions for our petitioner? I don't see anything. Is there anybody in the audience that wishes to speak for or against this item? Seeing no one coming forward, I will close the public hearing and ask for a motion. On a motion by Long, seconded by Caramagno, and unanimously adopted, it was #06-41-2018 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2018-05-08-05 submitted by Brian Tominna requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, regarding a proposal to construct additions and remodel the interior and exterior of the existing restaurant (One Under) at 35780 Five Mile Road, located on the north side of Five Mile Road between Ellen Drive and Levan Road in the Southeast % of Section 17, be approved subject to the following conditions: 1. That the exterior modifications as depicted on the two (2) Elevation Plans, both dated May 30, 2018, prepared by NSA Architects, Engineers & Planners, are hereby approved and shall be adhered to; 2. That only conforming signage is approved with this petition; 3. That no LED light band or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 4. That unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited; 5. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 6. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Mr.Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. June 26, 2018 28659 ITEM #4 MOTION TO HOLD A PUBLIC HEARING C-1 District Regulations Mr. Caramagno, Secretary, announced the next item on the agenda is a motion to hold a public hearing pursuant to Section 23.01(b) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether to amend Section 10.03 Waiver Uses of Article X— C-1 District Regulations, of the City of Livonia Zoning Ordinance No. 543, as amended, to allow for establishments having liquor licenses such as Class C, Tavern, Micro brewers and Brewpubs, to operate in conjunction with restaurants and other dining facilities. Mr. Taormina: This is simply a request for the Planning Commission to set a public hearing date for this proposed language amendment. This would affect the C-1 zoning regulations to allow for liquor licenses that would allow for the on-premise consumption of alcohol. Mr. Wilshaw: Again, this is just a motion to set a public hearing date. We'll discuss this in further detail once that date is set. Is there a motion? On a motion by Smiley, seconded by McCue, and unanimously adopted, it was #06-42-2018 RESOLVED, that the City Planning Commission, pursuant to Section 23.01(b) of Ordinance#543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether to amend Section 10.03 Waiver Uses of Article X — C-1 District Regulations, of the City of Livonia Zoning Ordinance No. 543, as amended, to allow for establishments having liquor licenses such as Class C, Tavern, Micro brewers and Brewpubs, to operate in conjunction with restaurants and other dining facilities. FURTHER RESOLVED, that notice of such hearing shall be given in accordance with the provisions of Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report and recommendation submitted to the City Council. Mr.Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. June 26, 2018 28660 ITEM #5 PETITION 2018-04-02-10 FELDMAN AUTO Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2018- 04-02-10 submitted by Feldman Automotive, Inc. requesting waiver use approval pursuant to Section 11.03(g) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a used auto dealership with outdoor display of vehicles (Feldman Pre-Owned Superstore) at 33850 Plymouth Road, located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast 1/4 of Section 28. Mr. Wilshaw: This item was tabled at our last meeting. Is there a motion to remove this from the table? On a motion by Long, seconded by Priddy, and unanimously adopted, it was #06-43-2018 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 22, 2018, and JUNE 26, 2018, on Petition 2018-04-02-10 submitted by Feldman Automotive, Inc. requesting waiver use approval pursuant to Section 11.03(g) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a used auto dealership with outdoor display of vehicles (Feldman Pre-Owned Superstore) at 33850 Plymouth Road, located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast %of Section 28, which property is zoned M-1 and is in the process of being rezoned to C-2, the Planning Commission does hereby remove this item from the table. Mr.Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Taormina: In response to the concerns that were raised by the Planning Commission at the previous meetings involving the review of this item, several changes have been made to the plans. I'll just go over those quickly. First, the exterior finishes on the building now include a combination of aluminum composite metal panels, smooth faced or burnished concrete masonry units, as well as split-face concrete blocks along the base of the building and E.I.F.S. If you recall, with the original plan, a much greater area of the building was finished with the dryvit or the E.I.F.S. material. That has been reduced substantially under the latest proposal. Secondly, we have a fully detailed landscape plan that has been submitted that illustrates the location, species, quantities, and sizes of all plant materials, including additional Norway Spruce trees in the northwest corner of the property where a greenbelt is proposed in lieu of a masonry screen wall. June 26, 2018 28661 Third, two wall signs that were previously shown on the east and west elevations of the building have been removed. The revised architectural drawing shows a single wall sign on the south elevation, which is the side facing Plymouth Road. That sign is about 82 square feet in area, which conforms with the ordinance. Lastly, the updated plans include details of a monument sign. The proposed six-foot high sign would be eight feet in length. It reads "Feldman 1-800-Preowned Supercenter" with the size of the message measuring no more than 30 square feet, also in conformance with the ordinance. That sign would be centrally located along the property's frontage on Plymouth Road. With that, Mr. Chairman, I'd be happy to answer any questions. Mr. Wilshaw: Thank you. Yes, there is no additional correspondence. Are there any questions for our Planning staff? Seeing none, the petitioner's counsel is here. Is there anything you would like to add from what we've discussed so far? Trey Brice, Jaffe, Raitt, Heuer & Weiss, 27777 Franklin Road, Suite 2500, Southfield, Michigan 48034. We are the petitioner's counsel. No, I think Mr. Taormina gave a good overview of where we are. We've obviously been through several meetings and study sessions with you all and have worked hard to make sure we're presenting a good building that's going to help the neighborhood as well as responding to the concerns that the Planning Commission raised. We've responded to just about everything. We shrunk the signage. We changed the outdoor material. John Free, our architect is here. One of the requests was to have materials, so he can speak to that because I know that was a concern. We're just really looking forward to moving forward with the project, bettering the neighborhood. We're going to bring about 30 extra jobs with this facility, and if there's any questions, I'd be happy to answer them. Probably the next point is the materials, so we'll let John speak. Thank you. Mr. Wilshaw: Sounds great. Thank you. John Free, Cityscape Architects, Inc., 40850 Grand River Avenue, Suite 200, Novi, Michigan 48375. Good evening. Thanks for having us over again. As requested, we brought the exterior material board today. Essentially, it's a pretty simple palate. Primarily a series of white materials, split face block at the bottom. Fifty percent of the facade is smooth burnished block. The top portion of the building is going to be E.I.F.S. (inaudible) June 26, 2018 28662 Mr. Wilshaw: You can hand the board over to Mr. Taormina and he'll pass it along. Thank you. Is there anything else about the materials or the architecture you'd like to address? Mr. Free: It's a pretty simple palette, and I think the blue is there to indicate where the entries are and to kind of attract the eye from the street, whereas the rest of the building isn't going to distract too much and just be a modern clean approach to a pre-owned car sales facility. Mr. Wilshaw: This is a color palette that is similar in nature to your new car retail operations? Mr. Free: Yes. Mr. Feldman's pre-owned store in Waterford has an identical palette except obviously there's different ratios of E.I.F.S. and there's no burnished block on that facility and there would be on this one. Mr. Wilshaw: Thank you. Do we have any questions for the petitioner? Mr. Priddy: I was just looking at the palette and looking at the renderings. I appreciate the reduction in the E.I.F.S. amount. Have you considered eliminating the E.I.F.S. as in the first request? Mr. Free: Traditionally, above glass we like to keep the materials lighter just to minimize the structural weight. So we thought E.I.F.S. would be an appropriate solution over the curtain wall system. Mr. Priddy: Have you looked at possibly even eliminating the E.I.F.S. at least on the front side? I mean it would probably look better without the E.I.F.S., but I appreciate that you made changes thus far. Mr. Free: Understood. I think what's nice is there is contrast between the smooth, the ACM, and then the E.I.F.S. actually has some texture. So a little contrast in appearance. It probably doesn't read right on that rendering, but I think there's going to be some texture difference that's going to be important. Mr. Priddy: That's all. Thank you. Mr. Wilshaw: Are there any other questions? Is there anybody in the audience that wishes to speak for or against the granting of this petition? There is no one else in the audience. With that, is there any other discussion on this item? Seeing none, a motion would be in order. On a motion by McCue, seconded by Smiley, and adopted, it was 1 June 26, 2018 28663 #06-44-2018 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 22, 2018, and June 26, 2018, on Petition 2018-04-02-10 submitted by Feldman Automotive, Inc. requesting waiver use approval pursuant to Section 11.03(g) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a used auto dealership with outdoor display of vehicles (Feldman Pre-Owned Superstore) at 33850 Plymouth Road, located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast 1/4 of Section 28, which property is zoned M-1 and is in the process of being rezoned to C-2, the Planning Commission does hereby recommend to the City Council that Petition 2018- 04-02-10 be approved subject to the following conditions: 1. That the site plan marked 1 dated June 22, 2018, as revised, prepared by Alpine Engineering, Inc., is hereby approved and shall be adhered to, except as modified below; 2. That the number of vehicles to be displayed outdoors shall be limited to a total of 817 vehicles, and that no vehicle for sale shall be displayed closer than twenty feet (20') from the front lot line; 3. That except for what may be authorized under the Zoning Ordinance as part of a temporary sales event, any type of exterior advertising related to the sale of the vehicles designed to attract the attention of passing motorists, such as promotional flags or streamers, shall be prohibited; 4. That the display of any vehicles on car lifts is strictly prohibited; 5. That there shall be no outdoor storage of auto parts, equipment, scrap material, waste petroleum products, junked, unlicensed or inoperable vehicles, or other similar items in connection with this operation; 6. That the Landscape Plan and the Landscape Details identified as Sheets L-1 and L-2, respectively, both dated June 22, 2018, as revised, prepared by Allen Design, are hereby approved and shall be adhered to, except that: a. The red and sugar maples shall be replaced with one or more species of large deciduous trees as listed in Table 1 of Section 18.45 of the Zoning Ordinance; and June 26, 2018 28664 b. Additional trees shall be provided along the west property line where the commercial property abuts residential; 7. That all disturbed lawn areas, including the Plymouth Road right-of-way, but not including the detention basin below the established high watermark, shall be sodded in lieu of hydro- seeding; 8. That the New Lot Photometric plan identified as Sheet P-1 dated April 12, 2018, prepared by KEEN Technical Solutions, LLC, is hereby approved and shall be adhered to, except that the light levels for the first row of parking adjacent to Plymouth Road shall be lowered to be consistent with the light levels for the first row of parking approved for the Feldman Chevrolet New Car dealership at 32570 Plymouth Road; 9. That the Elevation Plan marked Sheet Number A-211 dated June 22, 2018, as revised, prepared by Cityscape Architects Inc. is hereby approved and shall be adhered to; 10. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 11. That all parking spaces shall be double striped, including the provision of barrier free parking with proper signage, marking and configuration, and that all required customer spaces be ten feet(10') in width by twenty feet(20') in length as required; 12. Except that as shown on the approved site plan where a greenbelt is shown in the northwest corner of the property, a minimum six foot (6') high masonry screen wall shall be constructed along the west property line adjacent to existing residential zoning; 13. That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall be maintained and when not in use closed at all times; 14. That only conforming signs are approved with this petition; June 26, 2018 28665 15. That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows; 16. That no overhead speakers will be used inside or outside the building; 17. That no repairs or maintenance work on vehicles shall be conducted on this site; 18. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time an occupancy permit is applied for; and 19. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. FURTHER, the Planning Commission recommends the approval of a Conditional Agreement limiting this waiver use to this user only, with the provision to extend this waiver use approval to a new user only upon approval of the new user by the City Council. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. Mr. Wilshaw: Is there any discussion? Mr. Taormina: We do have some corrected dates. All the most recent plans will have the date of June 22, 2018. So that is going to apply to Condition #1 with respect to the Site Plan, Condition #6 with respect to the Landscape Plan, and Condition #9 with respect to the Elevation Plans. Those dates would all be changed to June June 26, 2018 28666 22. This is information that we received very late on Friday. And a minor correction applies to Condition #12. We'll make the change but the option of getting a variance from the Zoning Board of Appeals, he is showing in the north portion of the site where it abuts residential, the greenbelt in lieu of the required wall. So we will modify the language to reflect the fact that it is what the site plan shows and what the Planning Commission is approving this evening. Condition #14 really is moot at this point with the approval of the Elevation Plans and the other signage, so we can eliminate Condition #14 since he is only showing a single wall sign. I believe that is it. You can keep Condition #14 if you want to, but it is consistent with the latest plans that have been provided to us. Mr. Wilshaw: And the maker and supporter of the motion are fine with those? Ms. McCue: Yes. Ms. Smiley: Yes. Mr. Wilshaw: Just in case there's anybody changing their mind, we will go ahead and try the vote over again. A roll call vote on the foregoing resolution resulted in the following: AYES: McCue, Smiley, Long, Priddy, Caramagno NAYS: Ventura, Wilshaw ABSENT: None ABSTAIN: None Mr.Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #6 APPROVAL OF MINUTES 1,124TH Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,124th Public Hearings and Regular Meeting held on June 5, 2018. On a motion by Long, seconded by Priddy, and unanimously adopted, it was #06-45-2018 RESOLVED, that the Minutes of 1,124th Public Hearings and Regular Meeting held by the Planning Commission on June 5, 2018, are hereby approved. June 26, 2018 28667 A roll call vote on the foregoing resolution resulted in the following: AYES: Long, Priddy, Caramagno, Wilshaw NAYS: None ABSENT: None ABSTAIN: McCue, Smiley, Ventura Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously . ',opted, the 1,125th Public Hearings and Regular Meeting held on June 26, 201 :, as adjourned at 8:44 p.m. CITY • • NNING COMMISSION Sam C. ramagno, Secretary ATTEST: �' Ian Wilshaw, Chairman