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HomeMy WebLinkAboutPLANNING MINUTES 2019-08-13 MINUTES OF THE 1,147t" PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 13, 2019, the City Planning Commission of the City of Livonia held its 1,147th 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. Members present: Sam Caramagno Glen Long Betsy McCue Carol Smiley Peter Ventura Ian Wilshaw Members absent: David Bongero Mr. Scott Miller, Planner IV, and Stephanie Reece, Program Supervisor, were also present. Chairman Wilshaw informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their filing. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2019-07-02-11 Green Palace Reflexology Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2019- 07-02-11 submitted by Green Palace Reflexology requesting waiver use approval pursuant to Section 11.03(u) of the City of Livonia Zoning Ordinance #543, as amended, to operate a massage establishment at 29447 Five Mile Road, located on the south side of Five Mile Road between Middlebelt and Henry Ruff Roads in the Northeast '/a of Section 23. August 14, 2019 29313 Mr. Miller: This is located in the Mid-Five Shopping Center, which is on the southwest corner of Five Mile and Middlebelt Roads. They would be occupying a unit in the southern building. If you look at this site plan that they have given, Five Mile would be to your right and Middlebelt would be to the bottom. The unit is cross hatched. It is unit number 4. The unit is approximately 2,928 square feet. The floor plan shows that they would have individual acupuncture rooms, a foot massage area, and a chair back massage area. They have included some pictures that show, examples of their interior layout, what they would have. There are two separation requirements for massage. They cannot be within 400 feet of another massage establishment. There are no other massage establishments within 400 feet of this location. They must also be 400 feet from a school, church, playground, library, things like that. There are none of those type of facilities within 400 feet of this proposed location. Mr. Wishaw: Is there any correspondence? Mr. Miller: The first item is from the Engineering Division, dated July 15, 2019, which reads as follows: "in accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed waiver use at this time. The existing parcel is assigned a range of addresses from #2944 1 to #29583 Five Mile Road, with the address of#29441 Five Mile Road assigned to the overall parcel. The existing building is currently serviced by public sanitary, storm and water main. The information submitted does not indicate any new connections to the existing utility services, so it appears that there will not be any additional impacts to the existing systems at this time. Should alterations to the existing services be required, the owner will need to provide plans to this Department to determine if permits will be required. Should the owner do any work within the Middlebelt Road or Five Mile Road right of-way's, they will need to contact the Wayne County Department of Public Services for any permits that may 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 July 12, 2019, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a massage establishment on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated July 17, 2019, which reads as follows: 1 have reviewed the plans in connection with the petition. I have no objections to the proposal."The letter is signed by Brian Leigh, Sergeant, Traffic Bureau. The next letter is from the August 14, 2019 29314 Inspection Department, dated July 30, 2019, which reads as follows: "Pursuant to your request, the above-referenced petition has been reviewed. This Department has no objections to this petition." The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Finance Department, dated July 11, 2019, which reads as follows: "1 have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, 1 have no objections to the proposal." The letter is signed by Coline Coleman, Chief Accountant. The next letter is from the Treasurer's Department, dated July 10, 2019, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the name and address connected with the above noted petition. At this time there are taxes due, but they are not delinquent, therefore 1 have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. Mr. Wilshaw: Are there any questions for the Planning staff? Mr. Wilshaw: I believe the petitioner is here this evening? We will need your name and address for the record please. Yan Zhao, 44532 Marc Trl., Plymouth, MI, Can I introduce my work first? Mr. Wilshaw: We just need your address for our record. Ms. Zhao: I just want to say that my previous business name is Green Palace Reflexology. I operate for six years in Lawrence, Kansas. Location is 2449 (inaudible), Lawrence, Kansas. From 2013 to 2019. That was a very wonderful business. It is a great way to help people. Just to keep peoples body working. Relax people muscle. Refresh peoples mental. That is very popular in Kansas. I am a little sad to sell my business in Lawrence, Kansas two years ago, no two months ago. Just because my daughter, she is in University of Michigan Ann Arbor now studying biology. She wishes to be a doctor in the future. 1 am proud of her. I miss her in Lawrence, Kansas, so I moved to Michigan with her. So now just...I will do the same in Livonia, Michigan as in Lawrence, Kansas. I plan on operating a 4th and professional reflexology business in Livonia. I am going to spend $15,000 to decorate my shop so that my customer have a peaceful, comfortable and relax feeling when they enter the shop. I also have pictures here. This is the first one. This is for the back. Yeah, that one is for the back-acupressure area. We want to put in three chairs there. The second page here...yeah, this is the foot reflexology area. I like to put seven or eight seats there. We just open this door...we August 14, 2019 29315 open the door opened...no private room offered. Customers clothes on in session. I just remember Wu Xing Chinese Massage in the Laurel Park Mall. Same service type, like that. We just offer...I think we offer the banker pace to the customers. Three thousand square feet is my shop size. We offer the comfortable environment to the customer. I like to $15,000 USD to decorate and we offer the good price to the customer. Thirty minutes foot reflexology we take $20.00. Forty-five minutes foot reflexology we take $30.00. One-hour foot reflexology we just take $39.00 only. We have bankers' pace and nice atmosphere, good price reflexology. We are waiting for you to come. think...just take your friends and family to our shop to do the foot reflexology. After that you can find out how you like it and how you enjoy it. Groups will come. We can take 3 people, 4 people, 5 people, or even 6 of 7 people at the same time. As the business is growing, business hours is from 9:00 a.m. to 9:00 p.m., seven days a week. So far, I have a question. Do you know what is reflexology? Reflexology is not just a foot massage. In fact, a much more than that. We call reflexology is the true therapy. We start off with foot baths then soak the feet in the warm water for a few minutes, make you body and feet just relax first. Then we can use the finger pressure to the acupressure point on the feet and (inaudible). In traditional Chinese medicine, this is considered as (inaudible)...reflexology just can restart the balance of the body to correct problems. For example, I have some here...these are reflexology charts. If you have a stomach problem you just hold a special spot in the arch of the feet and they are so related to the stomach. Use the perfect finger pressure to this area, it can affect stomach functioning. It is the truth. If you have like the heart or lungs or colon or have a problem, hold this area. Apply perfect pressure to this area and it can also affect heart, lung functioning. I want to say...there is a full reflexology area on the sole of the feet. The foot is the five toes as related to ears, eyes, neck, and second the ball of the feet related to lungs, heart, and shoulders. At the widest, this area here, you can relate it to spleen and stomach and liver. Mr. Wilshaw: I think we understand the benefits of it so, thank you. Ms. Zhao: The benefits of reflexology just cleans the body of the toxins and increase the circulation and promote healing. Some of the benefits. I want to say...the next question. What is acupressure? Acupressure is not massage. Just remember it is not massage. This is an ancient Chinese healing method. We just use the pressure with the finger, arm or the elbow to the certain meridian point on the body to relieve the pain. Traditional Chinese medicine just describe the body...the body has an invisible line August 14, 2019 29316 of flow called the meridian. They flow up the body. There are 12 meridian, connect to the body associated with the certain meridian. When these meridian points stimulate, they can release the muscular tension and the can increase the circulation of blood and treat a motion (inaudible). In an acupressure session, you can lie fully clothes on massage table or you can sit down on the massage chairs. A session is from 10 minutes to 90 minutes. One minute is one dollar. If you are pregnant just tell us before trying reflexology or acupressure because if the pressure isn't done ...the abdomen and some certain point on the feet or legs. Also, the pressure isn't done over the bruises and varicose veins or anywhere that is swollen. At the beginning, four employee will be working in the building during the business hours. They should be certified for agent or licensed by the Board of Massage in Michigan. So far I have...I have a license from Michigan. 1 am a professional. I just want to say, trust me. Try it. Just 30 minutes foot reflexology for $20.00 and after that you will feel like a new person. You must say yah, amazing. Mr. Wilshaw: 1 appreciate your very comprehensive presentation. Let's see if we have any questions for you on what you have told us. Ms. Smiley: 1 just want to make sure I understood you. Your daughter moved to Ann Arbor to go to medical school? Ms. Zhan: Yes. Ms. Smiley: At University of Michigan probably. Ms. Zhan: Yes I want to start career here so we are together. Ms. Smiley: You are moving to Michigan from Kansas to be with her? Ms. Zhan: Yes, that is correct. Ms. Smiley: You did this business in Kansas from 2012 to 2019? Ms. Zhan: From 2013, yeah. Ms. Smiley: Okay, 2013. In this facility, or in your massage establishment, everyone is completely clothed. There are no private rooms. Ms. Zhan: Yes. Ms. Smiley. You work on them through their clothing? Ms. Zhan: Yes. Correct. August 14, 2019 29317 Mr. Wilshaw: Thank you. Any other questions for our petitioner? Mr. Ventura: I noticed that you gave us your license from the State of Michigan, and we are passing it around and everybody's taking a look at it. Will everybody that works for you in this establishment be licensed like you are? Ms. Zhan: Yes, the person should be certified or licensed by the board or by the...yes, they should be. Mr. Ventura: Can you tell me how you get customers? Or do doctors prescribe your service? Are you ever paid by insurance companies? How do you get customers? Do you advertise? How do people find you? Ms. Zhan: We do Google, newspapers, Yelp. They can find our business online. Mr. Ventura: So, primarily from online advertising? Ms. Zhan: Yes, online and the newspaper advertisement and we have a brochure. Mr. Wilshaw: Any other questions for the petitioner? Ms. Smiley: Mr. Miller, this is a conditional agreement, is it not? Mr. Miller: Meaning? Ms. Smiley: If this were to pass, it would be for this petitioner only? Mr. Miller: If that is what you include in the conditions, yes. Mr. Wilshaw: Any other questions for the petitioner? I don't see any other. 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 Smiley, seconded by McCue, and adopted, it was #08-68-2019 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 13, 2019, Petition 2019-07-02-11 submitted by Green Palace Reflexology requesting waiver use approval pursuant to Section 11.03(u) of the City of Livonia Zoning Ordinance #543, as amended, to operate a massage establishment at 29447 Five Mile Road, August 14, 2019 29318 located on the south side of Five Mile Road between Middlebelt and Henry Ruff Roads in the Northeast '/4 of Section 23, the Planning Commission does hereby recommend to the City Council that Petition 2019-07-02-11 be approved subject to the following conditions: 1. That this facility shall comply with all other special waiver use standards and requirements pertaining to massage establishments as set forth in Section 11.03(u) of the Zoning Ordinance #543; 2. That this facility shall conform to the provisions set forth in Chapter 5.49 of the Livonia Code of Ordinances pertaining to massage establishments; and 3. The Petitioner shall not engage in any form of solicitation for business within the public right-of-way of Middlebelt Road. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the subject site has the capacity to accommodate the proposed use; and 2. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER; the Planning Commission recommends the approval of a Conditional Agreement limiting this waiver use to this user only, with the provision to extend this waiver use approval to a new user only upon approval of the new user by the City Council. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of the Livonia Code of Ordinances, as amended. Mr. Wilshaw: Is there any discussion? A roll call vote on the foregoing resolution resulted in the following: AYES: Smiley, McCue, Caramagno, Wilshaw, Ventura NAYS: Long ABSENT: Bongero ABSTAIN: None Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. August 14, 2019 29319 ITEM #2 PETITION 2019-07-02-12 Zukin's Rib Shack Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2019- 07-02-12 submitted by Zukin's Rib Shack requesting waiver use approval pursuant to Section 11.03(h) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) and to expand the existing food service operation to include an outdoor dining patio in connection with the operation of the full-service restaurant at 33897 Five Mile Road, located on the south side of Five Mile Road between Farmington and Ashurst Roads in the Northeast Y4 of Section 21. Mr. Miller: Zukin's Rib Shack is located in the Civic Center Plaza, which is located on the south side of Five Mile between Farmington and Ashurst. Zukin's occupies the end cap unit at the end of the complex closest to Five Mile Road. The restaurant has been in business since 2015. Along with the Class C, as was mentioned, he would also like to get an outside dining patio. The site plan shows that the new patio would occupy a portion of the sidewalk located on the north side of the building. The proposed patio measures the width of the sidewalk, approximately 5 feet wide by a length of approximately 35 to 40 feet. The capacity of the chairs and the tables outside would be six patrons. Zukin's is currently limited to 48 seats for the restaurant. The seating outside would maintain that, so during the summer months they would bring out six seats moved from the interior and then during the months when the winter is not conducive to outside dining, those seats would be moved back into the restaurant. The seating count of the restaurant would remain at 48 seats. Access to the patio, this would be the outside wall facing the patio. From the interior of the restaurant would be provided by means of a new door that would be installed within the confines of the patio. A wrought iron fence at a height of three feet six inches would surround the patio. There is a separation requirement for liquor licenses. They cannot be within 1,000 feet of any other such licensed establishments If you look on this map, at the extreme east end of the shopping center is the Bench Pub which also has a Class C license. Also, O'Malley's bar and grill, which is approximately 800 feet away in an easterly direction, also has a Class C license. This 1,000-foot separation would have to be waived by City Council. Mr. Wllshaw: Correspondence? August 14, 2019 29320 Mr. Miller: The first item is from the Engineering Division, dated July 15, 2019, 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 waiveruse at this time. The existing parcel is assigned a range of addresses from #33653 to #33897 Five Mile Road, with the address of#33675 Five Mile Road assigned to the overall parcel. The existing building is currently serviced by public sanitary, storm and water main. The information submitted does not indicate any new connections to the existing utility services, so it appears that there will not be any additional impacts to the existing systems at this time. Should alterations to the existing services be required, the owner will need to provide plans to this Department to determine if permits will be required. Should the owner do any work within the Five Mile Road right-of-way, they will need to contact the Wayne County Department of Public Services for any permits that may be required." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated July 12, 2019, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to utilize a Class C liquor license (sale of beer and spirits for consumption on the premises) in connection with the restaurant on property located at the above referenced address. We have no objections to this proposal with the following stipulations: 1. The door from the dining area to the outdoor patio may be construed as an exit point. 2. Pursuant to NFPA 101, Life Safety Code 4.5.3.2 and to avoid any confusion during an emergency, the door from the restaurant interior leading out to the patio must be marked as an exit featuring an illuminated sign equipped with battery backup. Additionally, the patio must be provided with an exit gate featuring panic hardware. An "all- weather" exit sign must be permanently affixed to the patio gate as well."The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated July 17, 2019, 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 next letter is from the Inspection Department, dated July 30, 2019, which reads as follows: "Pursuant to your request, the above- referenced petition has been reviewed. This Department has no objections to this petition."The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Finance Department, dated July 11, 2019, 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 August 14, 2019 29321 signed by Coline Coleman, Chief Accountant. The next letter is from the Treasurer's Department, dated July 11, 2019, which reads as follows: " In accordance with your request, the Treasurer's Office has reviewed the name and address connected with the above noted petition. At this time there are taxes due, but they are not delinquent, therefore 1 have no objections to the proposal,"The letter is signed by Lynda Scheel, Treasurer. The next letter is from the Department of Public Safety, dated July 15, 2019, which reads as follows: "We reviewed the plans submitted by Zukin's Rib Shack, requesting waiver use approval pursuant to Section 11.03 (h) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on premises) and to operate a full-service restaurant - Zukin's Rib Shack - located at 33897 Five Mile Road, on the south side of Five Mile Road between Farmington and Ashurst Roads, in the northeast quarter of Section 21. After conferring with the Chief of Police, we have identified the following issues for consideration. The Bench Pub, located at 33653 Five Mile, and O'Malley's Supper Spirit & Song, located at 15231 Farmington, both hold an active Class C liquor license. Both locations are well within the one thousand(1,000) foot separation requirement distance of the proposed site. We have no objections to the waiver being granted, contingent that the primary use of the business is for dining/restaurant activities. Additionally, the waiver is limited only to this user and that the petitioner complies with: All State Laws, City Ordinances, Stipulations and conditions set by the Livonia Police Department, Liquor Investigation Unit, as approved by the Chief of Police, and Stipulations and conditions set by the Traffic Bureau of the Livonia Police Department."The letter is signed by Jeffrey Ronayne, Special Services Bureau. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? I don't see any. Mr. Wilshaw: The petitioner is here I believe. We will need your name and address for the record please. Louis Conz, 33897 Five Mile, Livonia, MI, I believe it is all there. Mr. Wilshaw: Basically, you are looking to add liquor service and a patio. Maybe you can explain why you are looking to do those things. Mr. Conz: Mostly it is due to a lot of the customers requesting it. So, that is why I didn't do it at first, but due to the request and everything, it goes with food right now. Right now, we do have sit down for 48 August 14, 2019 29322 people, and a lot of them tend to take it home because they would like a beverage. So, there tends to be more take out then sit down. This way they would be able to stay and enjoy both versus having to rush home and have it there. Mr. Wilshaw: Very good. Do we have any questions for our petitioner? Ms. Smiley: You are looking more to be a restaurant that provides liquor than a bar that provides ribs. Mr. Conz: Yes. The restaurant. Definitely. Ms. Smiley: You are going to operate the outside part from like summer...like April to October or something like that? Mr. Conz: Yeah. Ms. Smiley: Are your hours of operation going to change? Mr. Conz: If anything, maybe like an hour later. Right now, we close Sunday through Thursday at 8:00 p.m. So, we may look at 9:00 p.m. or so, because we do have people coming in, but the latest...and Friday and Saturday at 10:00 p.m. or 11:00 p.m., but that would be the extent. Mr. Wilshaw: Any other questions? Mr. Long: The patio, will that block the entire sidewalk leading behind the building? Mr. Conz: You mean in terms of access to get by it? Mr. Long: Yeah. Mr. Conz: Yeah. Mr. Long: is there any use of that sidewalk? Mr. Conz: No one ever uses it. Mr. Long: You are going to put in a door in where that window is. Mr. Conz: The first window to the left there. Mr. Long: The eastern most window. Mr. Conz: Yeah. August 14, 2019 29323 Mr. Wilshaw: Any other questions for our petitioner? I don't see any other questions up here. Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or against this item? There is one person in the audience that is going to speak. Steve King, 33950 Coventry, Livonia, MI, 1 got a letter in the mail because I live right across the street. 1 just wanted to come and support Zukin's. They put a lot of money into that place. That is a real tough location I am telling you. I have seen a lot things come and go in that plaza, so anything that keeps the business viable I think it would be worth considering. I just wanted to throw that out there. Mr. Wilshaw: We appreciate that. Thank you for coming. If there is no one else in the audience wishing to speak...Mr. Conz, is there anything you would like to add or are you all set? Your all set. We got a thumbs up from him, so we will close the public hearing and a motion would be in order. On a motion by McCue, seconded by Ventura, and unanimously adopted, it was #08-69-2019 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 13, 2019, on Petition 2019-07-02-12 submitted by Zukin's Rib Shack requesting waiver use approval pursuant to Section 11.03(h) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) and to expand the existing food service operation to include an outdoor dining patio in connection with the operation of the full-service restaurant at 33897 Five Mile Road, located on the south side of Five Mile Road between Farmington and Ashurst Roads in the Northeast Y4 of Section 21, the Planning Commission does hereby recommend to the City Council that Petition 2019-07-02-12 be approved subject to the following conditions: 1. That the use of a Class C liquor license at this location is subject to City Council waiving the 1,000-foot separation requirement from existing Class C-licensed businesses per Sections 10.030)(2) and 19.06(1) of Zoning Ordinance No. 543, as amended; 2. That the Site Plan for the outdoor patio, as received by the Planning Commission on July 8, 2019, is hereby approved and shall be adhered to; August 14, 2019 29324 3. That the maximum customer seating count of the restaurant shall not exceed a total of forty-eight (48) seats, including six (6) outdoor patio seats during the summer months, 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 there shall be no outdoor speakers or sound equipment, including televisions allowed at any time; 6. That no advertising shall be permitted on any of the seating or table apparatus of the outdoor patio; and 7. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a 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 Class C liquor license to this user only, with the provision to extend this waiver use approval to a new user only upon approval of the new user by the City Council. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #3 2019-2024 CAPITAL IMPROVEMENTS PROGRAM Mr. Caramagno, Secretary, announced the next item on the agenda, the Capital Improvements Program for the years 2019-2024. Mr. Wilshaw: Mr. Miller, was there any additional information you want to give us on this? August 14, 2019 29325 Mr. Miller: No, I don't have any other information other than what is in the report you received. Mr. Wilshaw: This is a report that is prepared bythe Planning Department every few years and it takes a lot of time and effort on their part to get this information from all the various department within the city, but it is used as a forecasting and budgeting document. It assists the City Council as they do their budgeting process. With that information, is there anyone in the audience wishing to speak on that? I don't see anybody rushing to speak on the Capital Improvement Plan. A motion would be in order. On a motion by Ventura, seconded by Smiley, and unanimously adopted, it was #08-70-2019 WHEREAS, pursuant to the Michigan Planning Enabling Act, P.A. 33 of 2008, the City Planning Commission is responsible for the preparation of a Capital Improvements Program for the ensuing six years; and WHEREAS, the 2019 - 2024 Capital Improvements Program, prepared through a joint effort of several City departments, has been submitted to the City Planning Commission for consideration; and WHEREAS, duiy-noticed City Planning Commission public meeting was held on August 13, 2019; and WHEREAS, the Capital Improvements Program presents a realistic program to aid in the determination of a complete fiscal planning strategy for the City of Livonia; and WHEREAS, the City Planning Commission stands ready to do all things necessary to cooperate with the Mayor and City Council in maintaining a functioning program of capital improvements and capital budgeting for the City of Livonia; therefore BE IT RESOLVED, the City Planning Commission hereby adopts the 2019 - 2024 Capital Improvements Program; and BE IT RESOLVED, that the City Planning Commission recommends the City Council adopt this Capital Improvements Program and use it as a guide to funding priority capital projects with the program. Mr. Wilshaw, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. August 14, 2019 29326 ITEM #4 MOTION TO HOLD A LANGUAGE AMENDMENT PUBLIC HEARING SHORT-TERM RENTALS Mr. Caramagno, Secretary, announced the next item on the agenda, a motion to hold a public hearing pursuant to Council Resolution #163--19 and Section 23.01(a) of the Livonia Zoning Ordinance #543, as amended, to determine whether or not to amend Subsection 2 of Section 2.10 (definition of"Bed and Breakfast Establishment") of Article 11 of the City of Livonia Zoning Ordinance No. 543, as amended, to include residences marketed and offered for rent online by platforms such as "Airbnb", "VRBO", "HomeAway" or other similar websites. Mr. Wilshaw: Mr. Miller, is there any information on this? Mr. Miller: We will explain it better at the Public Hearing. Mr. Wilshaw: We are just setting a date at this time. Okay. Is there any discussion on the item? Is there anybody in the audience wishing to speak on this item? We do have one person. Good evening, mam. Debbie Sotzen, 18672 Sunset, Livonia, Ml, the reason I came was to make a comment because this item was in the paper in a very negative sense. I also live in a subdivision and there was a group of people that did a small survey of a neighbor stating that...basically, it was fear mongering and complaining that they were feeling out of control of who could come into the neighborhood of being a renter or temporary lodging. My feeling is that I live in the subdivision, live in the house that was discussed and I am complete opposite of the feeling. I think it is a great thing to have. I think our world today has completely changed. Peoples' needs have changed of where they reside for reasons of travel. Also, income for people who do this have changed. Our lives have changed in the sense of having income if you are someone who is older or have become single. This gives them an opportunity to have someone reside with them, to bring in an income, and also companionship. I have lived in that subdivision for 32 years. Raised four children and some of the comments were saying that they didn't want a lot of cars and a lot of traffic. I assure you, raising four children that were under the age of five, at one time I had five cars at my home. I have had children that went to Madonna and to Schoolcraft. They used my home as temporary residences so they could afford to go to school but didn't have to worry about paying for school board. In situations where co-workers needed August 14, 2019 29327 a place to stay, this gave them an opportunity. For myself, 1 am a typical baby-boomer. I am at the peak of the age where there is a majority. I have raised my children. They have gone to school. I don't have to worry about that. They are married. There could be a time where I become a widow and I need an income or maybe a companion. I would want that opportunity to say that I have the free choice to understand who can come into my home and it is my business if I want to take an income or not to take an income. To have someone put many different laws saying that...or what if situation...that could be very negative to myself or to my neighbors. Really that just doesn't hold water. That was my point. I wasn't really sure where this was going. I know there was stated a proposal from the state to say that they wanted to check locally. I just wanted to find our how this was going to process and to make sure that people have an opportunity to input. I didn't want it to be believed that the group that had stated that they were against it, that it was a majority belief. If there is a need to find out, I am more than happy to survey our specific neighborhood to see, from house to house, to see how that goes. Mr. Wilshaw; Thank you for your comments and for coming. The process is...this is the beginning of the process. What the city is looking to do is to prepare a possible ordinance to regulate these types of establishments which are commonly known as Airbnb, VRBO, and these other type of things. The way this process works is we first have to set a public hearing date. That is what this step is. This is a procedural kind of step that we are going through. That is why you aren't really going to hear any commentary. There is no one here to really speak on it. We are just setting the date for the public hearing. Once that is set, we will hold a public hearing on that date to discuss this. That is really where you are going to see people come, like yourself, to give comments and to help us know what the community feels about this item. I would encourage you to continue to follow this. Look for the public hearing date, and come back and speak at that time. Once we make whatever decision we make at the Planning Commission we are just a recommending body to the City Council. It will then go to City Council and they will also go through the same process. There will be multiple opportunity for you to continue to follow this, speak on this, and make sure your opinion and your thoughts are known. I appreciate you coming. Like I said, you probably won't see much discussion on this tonight, but do keep an eye for that public hearing date. That is what we are going to be setting by this motion tonight. With that, is there any other discussion? don't see anything else. With that, is there a motion set a public hearing date? August 14, 2019 29328 On a motion by Smiley, seconded by McCue, and unanimously adopted, it was #08-71-2019 RESOLVED, that the City Planning Commission, on its own motion, pursuant to City Council Resolution #163-19 and 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 on August 27, 2019 to determine whether or not to amend Subsection 2 of Section 2.10 (definition of "Bed and Breakfast Establishment") of Article 11 of the City of Livonia Zoning Ordinance No. 543, as amended, to include residences marketed and offered for rent online by platforms such as °Airbnb", WRBO", "HomeAway" or other similar websites. FURTHER RESOLVED, that notice of such hearing shall be given in accordance with the provisions of Article XXIII 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: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 APPROVAL OF MINUTES 1,1461h Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,146th Public Hearings and Regular Meeting held on July 23, 2019. On a motion by Long , seconded by McCue , and unanimously adopted, it was #08-72-2019 RESOLVED, that the Minutes of 1,146t" Public Hearings and Regular Meeting held by the Planning Commission on July 23, 2019, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Long, McCue, Smiley, Caramagno, Wilshaw, Ventura NAYS: None ABSENT: Bongero ABSTAIN: August 14, 2019 29329 Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,147th Public Hearings and Regular Meeting held on August 13, 2019, was adjourned at 7.53 p.m. CITY PL ING COMMISSION Sam C amagno, Secretary ATTEST: Ian Wilshaw, Chairman i i