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HomeMy WebLinkAboutPLANNING MINUTES 2013-01-29MINUTES OF THE 1,035rH PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, January 29, 2013, the City Planning Commission of the City of Livonia held its 1,035° Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Lee Morrow, Chairman, called the meeting to order at 7:00 p.m. Members present: Scott P. Bahr Ashley V. Krueger R. Lee Morrow Lynda L. Scheel Carol A. Smiley Gerald Taylor Ian Wilshaw Members absent: None Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Chairman Morrow 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 tum, 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 wnfing, 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 fling. 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 2012-12-0230 ALLSTATE BILLIARDS Ms. Scheel, Secretary, announced the first item on the agenda, Petition 2012-12- 02-30 submitted by Allstate Billiards & Spas requesting waiver use approval pursuant to Section 11.03(L)(1) of the City of Livonia Zoning Ordinance #543, as amended, to expand the outdoor display area at 30650 Plymouth Road, located on the north side of Plymouth Road between Merriman Road and Sears Drive in the Southwest 1/4 of Section 26. January 29, 2013 25537 Mr. Taormina: This is a request to expand an existing outdoor display area at Allstate Billiards & Spas, which is located on the north side of Plymouth Road between Merriman Road and Sears Drive. The site is about 12.90 acres in area. It has 500 feet of frontage along Plymouth Road and approximately 940 feet of frontage along Sears Dnve. The property is split zoned C-2 and M-1. The red area is the commercial zoning of the properly and consists of about 2.43 acres. That includes all of the frontage along Plymouth Road and carries a depth of about 210 feel. The balance of the property, about 10 acres, is zoned M-1, Light Manufactunng. There is an 81,900 square fool building on the property, which consists of a showroom of about 10,000 square feet in area. That is located in the commercial zoned area. The balance of the building, about 70,000 square feel, is warehouse space which is located in the M-1 distract portion of the property. Adjoining this property to the south, west and east are all C-2 zoned properties. Biffs Military Surplus store is immediately to west, auto dealerships to the east across Sears Drive, and then another auto dealership to the south on the opposite side of Plymouth Road, and then to the north are induslnal land uses. Outdoor display of merchandise is allowed as a waiver use under the C-2 District regulations, Section 11.03. This allows for the sales and display of various items including lawn furniture, playground equipment and other home and garden supplies. It is treated as a seasonal use and can only be conducted between the months of Apnl 1 and October 1. In order to extend the dates of the operation beyond this six month time restriction would require that the condition be waived or modified by a separate resolution approved by a supennajonly vote of the City Council. He needs to gel that in order to conduct the business beyond those months. Currently, Allstate Billiards & Spas does maintain a relatively small outdoor display area that is located within a recessed portion of the building facing Plymouth Road. That wavier use was approved by the City Council on March 25, 2009. The existing display area is approximately 1,700 square feel and includes an area of about 51 feet by 34 feel. The products displayed in this area include pools, patio table and chair sets, lawn benches and other patio equipment and supplies. This display area does have a fence across the front of it which restricts access to the outdoor display area. The proposal this evening is to expand the outdoor display area to include an area that would extend south from the southeast corner of the existing building for a distance of about 95 feet. The parking lot curb would mark the southern limit of the expanded display area, which is coterminous with a 40 foot wide greenbelt that runs parallel to Plymouth Road. The area that he proposes to add to the outdoor display area measures roughly 95 feel by 52 feel for an area of just under January 29, 2013 25538 5,000 square feel. It would occupy about ten existing parking spaces. Those would be eliminated as part of the proposal. Combined, the new and emsfing outdoor display areas would occupy a total of about 6,675 square feet. It would be enclosed by a six fool high decorative black metal fence, which is similar in design to the enclosure gale that currently extends across the front of the existing display area. The new area would showcase swimming pools and other patio and lawn furniture. I'll lel the petitioner describe exactly how he intends to landscape the area. With that, Mr. Chairman, I will answer any questions. Mr. Morrow: Is there any correspondence? If we could gel that on the record and then we'll go to the questions. Mr. Taormina: There are five items of correspondence. The first item is from the Engineering Division, dated January 14, 2013, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced waiver use approval request. The written legal description is cromect. The address for this site is confirmed to be 30650 Plymouth Road. Please be advised the petitioner used the survey base drawing frem 2007 to illustrate the proposed improvement. Under Note 2, that the National Flood Insurance Program (NFIP) by Federal Emergency Management Agency (FEMA) adopted new maps. The NFIP Panel 0230E, Panel 230 of 575, Map Number 26163CO230E, was effective on February 2, 2012. The area of the City is considered under zone D, areas in which flood hazards are undetermined, but possible. The Engineering Division has no objection to this change, as there is no impact on any public utility, right-of-way or easement. Please contact me at tz#incik(@ci.livonia.mi.us or (734) 466-2561 should you have any additional questions on this matter." The letter is signed by Todd Zilincik, City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 21, 2013, which reads as follows: 7 have reviewed the plans for approving this waiver use approval to expand the outdoor display area on the property at the above referenced address 1 have no objections to this proposal." The letter is signed by Daniel Lee, Fire Marshal. The third letter is from the Division of Police, dated January 8, 2013, which reads as follows: "1 have reviewed the plans in connection with the petition. 1 have no objections to the proposal." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated January 25, 2013, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. (1) The area behind the building has debris and weeds that need to be January 29, 2013 25539 removed. Also the West property line is not maintained. (2) The display pools will be required to meet all required codes for safety and permits and inspections may be required. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. The fifth letter is from the Plymouth Road Development Authont , dated January 18, 2013, which reads as follows: At the 236h" Regular Meeting of the Plymouth Road Development Authority of the City of Livonia held on January 17, 2013, the following resolution was unanimously adopted. #2013-04, Resolved, that the Plymouth Road Development Authority does hereby support the proposed plans as presented by Allstate Billiards 8 Spas to expand the outdoor display area at the facility located at 30650 Plymouth Road on the north side of Plymouth Road between Merriman Road and Sears Drive in Section 26, subject to compliance with all City codes and ordinances and the Plymouth Road Development streetscape goals and objectives, as such may be modified by the action of the Planning Commission and/or City Council." The letter is signed by Mark Taormina, Planning and Economic Development Director. That is the extent of the correspondence. Mr. Morrow: Are there any questions for Mr. Taormina? Mr. Wilshaw: Mr. Taormina, the outdoor display of merchandise throughout the City - obviously we have motor vehicles and ATVs at some locations. Are there any other places that you can think of where we've approved a blanket outdoor display of merchandise that is not essentially motor vehicles? Mr. Taormina: We've done it for a couple of the hardware stores. I want to say two of the ACO's in town. Mr. Wilshaw: For sheds and things like that? Mr. Taormina: Yes, bag material and other merchandise that they carry. I believe we renewed a petition by Toys R Us as well. We've done it on a seasonal basis for some operators including grocery stores. Those are the ones that are coming up that are just on the top of my head, but we've done it probably on at least half a dozen occasions, I'm sure. Mr. Wilshaw: Okay. Thanks. Mr. Taylor: Mark, in those areas we're talking about, don't they have to remove those items after the season? January 29, 2013 25540 Mr. Taormina: I don't know. I'd have to check whether those conditions apply to the hardware stores or not, but certainly in the case of the grocery stores where we've permitted outdoor display. Those have been on a pretty limited basis. But I'd have to go back and check on the hardware stores. I think they're allowed to leave those items out year round. So we may have granted waivers in those cases. Those were on sidewalks for the most part. They didn't extend into the parking lots. I recall we were going to consider something similar to this for some of the home improvement stores. They have come to us for these types of permits in the past as well. Mr. Taylor: Thankyou. Mr. Morrow: Anything else? If the petitioner would come forward. We will need your name and address for the record please. Roy Farmer, Allstate Billiards & Spas, 30650 Plymouth Road, Livonia, Michigan 48150. Mr. Morrow: You've heard the presentation. Is there anything you want to add to it or any comments you want to make relative to your petition? Mr. Fanner: I think the Iasi thing there was the home improvement stores. Just to add to that conversation. There's quite a few that have outdoor displays, to my knowledge anyway, in town. Specifically on the project, I don't know if there are any questions but ... Mr. Morrow: Could you speak into the microphone please. I'm having a little trouble hearing you. Mr. Fanner: Specifically on the proposal, I think its been handled pretty well. Are there any other questions, specific questions on that? Ms. Smiley: My question would be about the security around the pools, not that I'm anticipating problems, but maybe not right now, but maybe in the middle of July the pools might be attractive to younger people in the evening. What kind of security are you going to have around that pool, and is six foot the standard size fence? Mr. Fanner: Actually, four foot is a standard fence. It's a good question. This came to us last week as well. I've actually done quite a lot of research on it in the Iasi week to talk to other pool and spa vendors like myself around the country, and also to some local pools and clubs that run in -ground pools during the season. January 29, 2013 25541 Really the answer comes back to, as far as security goes, it comes back to lighting, a four foot fence. Beyond that, I haven't had anybody come up with any other ideas other than those. As I mentioned last week, we haven't had any problem. We've had a pool out there in what we call the courtyard that Mark was talking about earlier for three years I believe it is, and not one issue whatsoever. Ms. Smiley: And you said the standard was four feet and you're going with six feel for the fence? Mr. Fanner: That's right. Ms. Smiley: My other question was, what kind of landscaping are you going to have in or around that area? Mr. Fanner: Actually, I'll let Scott talk aboutthat. Ms. Smiley: Okay. Mr. Morrow: We'll also need your name and address forthe record, sir. Scott Bollitier, General Manager, Allstate Billiards & Spas, 30650 Plymouth Road, Livonia, Michigan 48150. In regards to around the pool area or in the courtyard area? Ms. Smiley: Both actually. Mr. Bollitier: The current courtyard area is pavers along with mulch and some existing landscaping that was there from the project three years ago. Surrounding the outdoor pool displays, we will have some landscape beds with some ornamental grass and ferns and things along those lines. Nothing extensive but enough to make it attractive and to keep it lower maintenance within the pool area. Along the exterior fence area that's going to go around the perimeter of the whole outdoor display area, we are planning on landscaping that with some of the existing landscaping that is along Sears Drive. There are shrubs that will remain in place. Along the Plymouth Road portion of the project, we are landscaping the entire fence area with new juniper bushes along with some ornamental grasses and some landscape beds. So from Plymouth Road approaching and driving past the building, it will be fully landscaped along the fence area. So it actually will be enhancing the look. Currently it's just a grass area. There is no landscape there currently other than maintained sod and grass. Ms. Smiley: These are all aboveground pools? January 29, 2013 25542 Mr. Bollilier: Yes. There will be four aboveground pools. Ms. Smiley: Is there anything that's outside that's going to go inside for the winter? Mr. Bollilier: No. The pools will be drained to the typical closing height. You drain two to three feel of water out of it and they will be covered and closed up for the winter months. Occasionally, a pool may come down with a model change or something along those lines, but the pools will remain in place all season long. Mark had talked about the seasonality of the area and how we intend to use it because it's mainly an outdoor display area for pools. Ms. Smiley: Okay. How about filters and stuff like that? Mr. Bollilier: The fillers will be taken in. They need to come in for storage and protection of the product. Ms. Smiley: Okay. That covers my questions. Thank you. Mr. Morrow: Thanks, Mrs. Smiley. Mr. Taormina, the landscaping along Plymouth Road, is that something the Plymouth Road Development Aulhonly would be working with the petitioner on? Mr. Taormina: They did not suggest that it come back for any additional landscaping. As Scott just provided you with some information, the same discussion look place and they were satisfied with that. Mr. Morrow: Theyre satisfied so we have a plan? Mr. Taormina: Yes. This doesn't show the landscaping but I believe there was a note on one of the plans that indicated he was going to provide the low shrubbery along the fence line, at least in the area adjacentto Plymouth Road. Mr. Morrow: Okay. So the Authority is on board? Mr. Taormina: Yes. They were supportive of the project. Mr. Morrow: Okay. Thank you. Mr. Wilshaw? Mr. Wilshaw Actually, my first question goes along the same lines. Is the description of the landscaping as submitted on this drawing adequate for us to say that's a landscaping plan as approved or should we ask that they provide something with a little bit more detail at the Council Ievel? January 29, 2013 25543 Mr. Taormina: Yes. It wouldn't hurt. This particular plan doesn't detail any of the species. I think it does on the note here on the types of plants, but it doesn't provide the quantities or the precise locations. That would be additional information that would be helpful to us. So if you wanted to incorporate that into the resolution, that would be fine. Mr. Wilshaw: Okay. That's what I'm thinking. It might be a nice addition to have that and do it in such a way that it won't necessarily hold this up, but by the time you gel to the Council level you can have the plans. Mr. Bollilier: We could provide something like that. That wouldn't be a problem. Mr. Wilshaw: Okay. And then I did have one question for the petitioner. I don't know if you want to answer this, Mr. Bollitier or Mr. Farmer, but what I haven't heard yet at this meeting at least, as you know, we're repealing some of the questions that you heard at the study meeting for the public's benefit, but what is the need for this outdoor display? Is there a reason that these pools cant be displayed indoor in your facility or what's the purpose of this? Mr. Bollilier: Its a growing category for us and they're quite large and it's an outdoor product. It displays better outside than inside because they're going in people's yards and we have a need to display some more product and have a large unused section of our outdoor space that we're going to actually make it look better than it already does because it's a big empty parking lot that really is unused because we have an expansive parking lot on our premises. So, mainly its a square footage thing. We need some extra square footage to display these properly and we're willing to invest in making our business look better from an aesthetic perspective from the exterior and adding an outdoor space that will allow us to merchandise and display more products. That's the need. Our business is growing. Our categories are growing and we have a need to add more space to do so. Mr. Wilshaw: Okay. I appreciate you telling us that because that is certainly a question that I'm sure the Council is going to be wondering as well is, what's the purpose of this. One of the things that concerns me, and I kind of was alluding to it by my discussion with Mr. Taormina at the beginning of this item was, are we setting a precedent? Outdoor display of merchandise is not something that typically we have at most of our businesses in January 29, 2013 25544 the community, and we've turned down many requests for outdoor display of merchandise and we've approved others based on what type of merchandise is being displayed and is it appropriate to have outdoors or not. Things like cars makes sense to be outside. Things like mattresses do not. In this case, you have a product that you're making a compelling argument is an outdoor product and displays better outdoors due to the size and type of product it is. So that is helpful to me to at least have that indicated. Thank you. Ms. Krueger: Could you describe how people will enter and exit the outdoor display area? Mr. Bollitier: Yes. There actually will be along the north side of the screen up top, the far north left side along the Plymouth Road section, we'll have an eight foot service gate that will remain locked. Just so you know, there's an access point there that you will be able to exit out of the pool area but not enter through, a safety gale. Along with on the right hand side, we will have another gale along the sidewalk that will be another exit point but not an entry point. The whole focus of this area is that they're going to be funneled through the main showroom area, walk through the courtyard and be assisted by our sales staff to walk out to the pool area. So its not an area that kids or people are going to be able to enter in or out without actually coming through the showroom and being escorted out there so to speak with a sales associate. It's going to be pretty difficult to get all the way out there without someone noticing that you're going out there. The entrance door into the courtyard is at the upper right hand corner of the courtyard area. There is a single exit glass door that you walk out into the area. You have to walk into our store, walk all the way to the back corner of the showroom to exit into that area. So it will be fairy secure in that aspect. Ms. Krueger: Okay. And then are you planning to have any additional signage to indicate that you have this display area or it is going to basically speak for itself? Mr. Bollitier: Its going to speak for itself. We're not planning on, at least at this point, adding anything to the building or to the fenced area or to the interior that wouldn't be on the plan. Ms. Krueger: Okay. Thank you. That's all. Mr. Taylor Do you own the building? Mr. Fanner: Its own by an L.L.C. that I'm a member of January 29, 2013 25545 Mr. Taylor: So you own the whole complex all the way to the north also? Mr. Fanner: That's right. Mr. Taylor: Okay. And the west property line that the Inspection Department alluded to here, is there a landscape plan that you're going to follow with that also? Mr. Fanner: I'm sorry, what area? Mr. Taylor: The west property line along the parking lot. According to the Inspection Department, its not very well taken care of. Mr. Fanner: I think what they're alluding to there is the west properly, or the north actually. The treed area there, along Sears Dnve, they're alluding to that. There's a step of grass along there that I guess needs to be mowed more often than it has been, and its just a matter of getting the contractors out there when they mow the front of the properly to mow the back as well. For a number of years there, or for a year anyway, I know it wasn't taken care of. I think it has been this past year. I was surprised to hear that comment earlier. Mr. Taylor: According to the Inspection Department, it needs some maintenance. That's what I'm talking about. A lot of times we don't gel into that unless you want to do something to the building. When you do that, why then possibly we can ask you to clean up that west property line and spruce it up a little bit is what we're talking about. It's going to help your business. It makes Livonia, Plymouth Road, look much better. Mr. Fanner: Right. Mr. Taylor: Mark, did we ever find out about all the signage that they have? Mr. Taormina: The Building Inspection Department did go out there. They are of the opinion, although without going into detail in terms of the measurements, they are right at about the 20 peroenl of window signage that theyre allowed. They probably can't add another square foot without exceeding the 20 percent. I think they're okay with what's out there right now, but anything more would probably require a variance. The way they determine it is they lake the literal area of text. They dont measure it in the same way that you would measure a normal sign area. They look at how much area is comprised by the lettering on the windows and then make sure that doesn't exceed 20 peroenl of the overall window area. You have to consider all of the other windows along the front of building that dont have any signage January 29, 2013 25546 when you determine whether or not they are complying with the 20 percent. I know what it looks like, but I'm going by what the Inspection Department has told me. We did have them look at it though. Mr. Taylor: It sure looks like 50 percent of the windows are covered up the way I see it, but at any rale, if it meets with the ordinance, that's fine. It just helps everything if it doesn't look too junky. It doesn't help your store and it doesn't help Plymouth Road at all. Mr. Fanner: I absolutely agree. I'm with you. Mr. Taylor: Thankyou. Mr. Bahr You referenced earlier something about lighting relative to safety. Do you have a lighting strategy for this area? Mr. Fanner: The lighting was just . there is lighting there. There is current lighting. It is clearly lit in the lot currently and that's going to stay with the lighting that's there. Mr. Bahr: Could you repeat that last sentence? Mr. Fanner: Its currently lit. The space is cleady lit at night with the current lighting. Yes. Mr. Bahr: Again, you haven't had any issues with that with your current outdoor display area with people getting in there? I dont know if it's dark back there at night. I haven't driven by there at night. Mr. Fanner: No, it's not. It's well lit. It's a well lit area. It stays well Id throughout the night. No, we haven't had any problem. Mr. Bahr: Okay. Thanks. Mr. Morrow: Anyone else? I'm going to go to the audience. Is there anybody in the audience that wishes to speak for or against the granting of this petition? I see no one coming forward. On that note, I'm going to close the public hearing and ask for a motion. On a motion by Bahr, seconded by Smiley, and unanimously adopted, it was #01-01-2013 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January 29, 2013, on Petition 2012-12-02-30 submitted by Allstate Billiards & Spas requesting waiver use approval pursuant to Section 11.03(L)(1) of the City of Livonia Zoning Ordinance #543, as amended, to expand the outdoor display area at 30650 Plymouth Road, January 29, 2013 25547 located on the north side of Plymouth Road between Memman Road and Sears Drive in the Southwest 1/4 of Section 26, which property is zoned C-2 and M-1, the Planning Commission does hereby recommend to the City Council that Petition 2012-12-02- 30 be approved subject to the following conditions: 1. That the outdoor display of merchandise shall be confined to the area designated for that purpose and conducted in accordance with the layout as shown on the plans submitted by Allstate Billiards & Spas dated December 28, 2012; 2. That the outdoor display of merchandise shall be conducted in an orderly manner, and all landscape features and materials installed in the outdoor display area shall be propedy maintained; 3. That the entire display area shall be enclosed by a six foot (6') high decorafive black metal fence, similar in design to the enclosure gale that currently extends across the front of the existing display area; 4. That the outdoor display of merchandise shall be limited to pools, outdoor furniture and other patio and lawn equipment and supplies; 5. That the issues as outlined in the correspondence dated January 25, 2013, from the Assistant Director of Inspection shall be resolved to the satisfaction of the Inspection Department; 6. That the outdoor display of merchandise shall be permitted year round, provided that an extension of the time period as specified in Section 11.03(L)(1) of the Zoning Ordinance is granted by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; 7. Should the petitioner discontinue the use of this area for outdoor display for a period of six months, the area shall be restored back to its pre-existing condition, which includes removal of the fence and repairs to the parking lot, including striping, to the satisfaction of the Planning Department and Inspection Department; 8. That a fully detailed landscape plan shall be submitted for approval of the Planning Department within sixty (60) days following approval of this petition by the City Council; and January 29, 2013 25548 9. That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Zoning Compliance Permit. 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. 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. Morrow: Is there any discussion? Ms. Smiley: We were going to add something about the landscape plan. Do we want a more detailed landscaping plan? Mr. Bahr: Yes, I'm fine with that. Ms. Smiley: Where would you like to add that, Mark? Mr. Bahr: You're talking separate from the Inspection Department notice, right? Ms. Smiley: Correct. Mr. Bahr: Okay. Yes. Mr. Morrow: Mr. Wilshaw just wanted to provide some detail of the landscaping to go forward with the approval. Is that how you understood it? Mr. Taormina: Yes. In response to Ms. Smileys question, we will provide that as a separate condition in the resolution, and if I could, Mr. Chair, offer one additional condition. Mr. Morrow: Yes, certainly. January 29, 2013 25549 Mr. Taormina: If the maker would consider a restriction that would require the removal of the fencing and restoration of the parking lot upon discontinuance of the outdoor display area. So if he discontinues the use of this area for any length of time, perhaps six months, then he will be required to restore the area back to its preexisting condition, which would include removal of the fence and repairs to the parking lot. Mr. Bahr: Yes, l support that. Mr. Morrow: Do we have approval by the maker and supporter? Mr. Bahr: Yes. Ms. Smiley: Yes. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving recommendation. Thank you for coming tonight and good luck. ITEM #2 PETITION 2013-01-02-01 CARLTON'S COFFEE Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2013- 01-02-01 submitted by Joseph R. Carlton Jr. requesting waiver use approval pursuant to Section 10.03(1) of the City of Livonia Zoning Ordinance #543, as amended, to operate a limited service restaurant (Carton's Coffee House) at 17162 Farmington Road within the Burton Hollow Shopping Center, located on the east side of Farmington Road between Six Mile Road and Curtis Avenue in the Southwest 1/4 of Section 10. Mr. Taormina: This is a request to operate a limited service restaurant within the Burton Hollow Plaza Shopping Center, which is on Farmington Road between Six Mile Road and Curtis Avenue. The plaza is about 50,000 square feel and is divided into roughly 17 tenant spaces. One of the major tenants of the shopping center is a Secretary of Slate, which operates a SuperCenter at this location. The subject site is zoned C-1, Local Business, where limited service restaurants are permissible upon approval of a waiver use under Section 10.03 of the Zoning Ordinance in the C-1 District Regulations. Limited service restaurants have a maximum seating capacity of 30. The plaza is an "C -shape configuration. It has some of the January 29, 2013 25550 units facing along Six Mile Road while others face west towards Farmington Road. This particular unit would be situated adjacent to the Secretary of State Supercenter and the adjoining barber shop. This is a unit that is relatively narrow. It's only about 20 feel in width and extends for a depth of roughly 80 feel, so it has an area of about 1,600 square feet. The plan is to provide just coffee, soda, pastries, and other confectionaries on a relatively limited basis. They are showing a sealing plan and conceptual sketch with a maximum of 30 seals. Food would be available both as a dine -in and carryout service. They are allowed one wall sign at 20 square feel maximum. They are not proposing any exterior changes. Right now there are only two other restaurants in the plaza. One is Pan Pan, which is carryout only, and Subway, which is a limited service restaurant. Subway was approved a couple years ago to have a total of 30 seals, similar to this request. With that, I will read the correspondence. Mr. Morrow: Please Mr. Taormina: There are four items of correspondence. The first dem is from the Engineenng Division, dated January 11, 2013, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced waiver use approval request. The written legal description is cemect. The address for this site is confirmed to be 17162 Farmington Road. This project primarily is a new tenant reoccupying an existing space. No work is anticipated in the City right -0f --way or easements. Therefore, no permits are anticipated to be obtained from the Engineering Division of the Department of Public Works. Wayne County has jurisdiction for 6 Mile and Farmington Roads. Please contact me at tzilincik(rDci.livonia.mi.us or (734) 466-2561 should you have any additional questions on this matter." The letter is signed by Todd Zilincik, City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 21, 2013, which reads as follows: 7 have reviewed the plans for approving this waiver use approval to operate a limited service restaurant on the property at the above -referenced address. 1 have no objections to this proposal." The letter is signed by Daniel Lee, Fire Marshal. The third letter is from the Division of Police, dated January 9, 2013, which reads as follows: "1 have reviewed the plans in connection with the petition. 1 have no objections to the proposal." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated January 25, 2013, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. This Department has no objections January 29, 2013 25551 to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions for Mr. Taormina? Mr. Wilshaw: Just a comment. The Baskin & Robbins, is that considered food? Mr. Taormina: Baskin & Robbins is not considered a limited service restaurant since all they sell is ice cream. Ice cream parlors are not classified as restaurants if they only offer ice cream. They're not required to go through the waiver use approval process. Mr. Morrow: Are there any others questions before I go the petitioner? Seeing none, Is the petitioner here this evening? Sir, if you would come forward to the podium and give us your name and address for the record please. Joseph R. Carlton, Jr., 14126 Inkster Road, Redford, Michigan 48239. Mr. Morrow: You've heard the presentation by the Planning Director. Is there anything you want to add to it or any other comments you want to make pertaining to your business? Mr. Carlton: Only that we're going there not to compete with Subway or the Chinese restaurant. We're going there because there's opportunity because there's so many people in and out of the Secretary of State. I don't see it as a destination for people to drive to, almost like selling coffee at the airport. You might not drive there to have coffee because you do have all the Secretary of State people coming in and out, but I think it will make the plaza function better because you have a lot of people standing around going back and forth to their cars, getting in their car driving somewhere to gel a coffee, coming back because sometimes it's a two hour wail before your number comes up, which is how I got into it - standing there with my brother-in-law for an hour and half saying someone should be running a coffee shop in that building right there. Mr. Morrow: Do you have any prior experience with this type of an operation? Mr. Carlton: I do not. I was in machinery sales all my life. Mr. Morrow: When did the light go off during that hour and an half? Mr. Carlton: I don't know. I guess I needed a cup of coffee. January 29, 2013 25552 Mr. Morrow: Okay. Any other questions of the petitioner? Ms. Scheel: Can you tell me what the hours of your business are going to be? Mr. Carlton: I look at it now that we will be open a minimum of the hours the Secretary of Stale is open. We'll see how much business there is when they're not there because that plaza empties out considerably. If there's opportunity, we'll be open longer, but we'll be open a minimum of those hours. Ms. Scheel: So you will be closing when the Secretary of Stale office closes. You don't plan on slaying open any Tale evenings? Mr. Carlton: Well, I'll be open somewhat. If they close at 5:00 p.m., I'll be there until 6:00 p.m. They're open Tale one evening and they're open half a day on Saturday. We'll see what Saturday looks like after they're gone. If the opportunity is there and people still come, but I have reservations about that. I've been going every second day for the Iasi three months. I drove in and checked the traffic while I was gelling this thing ready. There's people standing in front of the building. I think I could be making a couple dollars today, but the traffic, the whole mall, the plaza area gets pretty empty when the Secretary of Slate is closed. The jewelry shop closes; the barber shop closes. So we'll see what happens on that. Ms. Scheel: Okay. Thank you. Mr. Morrow: I think we've all, at one time or another, stood in line waiting for lt to open, so you might want to give some thought to opening a little eady. Mr. Carlton: Oh yeah, we'll be there before they gel there. Mr. Morrow: So you'll modify it to be open before the Secretary of Stale opens. Mr. Carlton: Right. Yep. Mr. Morrow: Thankyou. Mr. Taylor: Are you going to serve anything other than coffee? Mr. Carlton: Well, probably. We're going to have smoothies and cappuccinos and Iattes, and we'll also have a refrigerator case with bottled soft ddnks, water, juice, that kind of thing. January 29, 2013 25553 Mr. Taylor: Is there any specific kind of coffee that you're going to serve, or any brand. Starbucks or anything like that? Mr. Carlton: Well, I'm still debating between four or five different suppliers on coffee. I haven't finalized it yet. Mr. Taylor: In the audience tonight we have a gentleman that started in that complex in the little alcove selling pizza, Mr. John Del Signore, and you see what happened to him. He owned a very beautiful restaurant on Plymouth Road and also owns Laurel Manor. So who knows what's going to happen, and the best of luck to you. Mr. Carlton: Thankyou. Ms. Smiley: I notice that you're not going to offer wfi and you really don't expect people to hang in there too long, right? Is that your thought? Mr. Carlton: I'm not setting it up as a big comfortable chair and this is my destination for the night, a social thing, because I just don't believe it will ever be that with the Secretary of Slate traffic coming in and out, that's its going to be where you want to go spend your evening having a cup of coffee. I might learn something new, but I just dont picture it as that at all. It could be like some restaurants, how there's a change over from the lunch crowd to the evening, the menu pace goes up and the lights go down. Who knows? If after 6:00 people want to come, lt could be a different situation, but I really don't see that. Ms. Smiley: Okay. Fine. Thankyou. Mr. Wilshaw: Mr. Carlton, you seem like a very genuine and sincere person, and I really like this proposal a lot because you're essentially a classical entrepreneur. You see a need for something and you're jumping on it. I like the idea a lot. It's a very unique proposal that you have before us that's meeting a very unique need that the Secretary of State has created by being in that plaza, and the fact that they're able to get you to start a business in this plaza is excellent. You're feeding off of that and I wish you a lot of success with that. I do have a question for you. Looking at your plan, you mentioned that there's a pastry case and then you also mentioned that there's some retail area. What types of things will be in the pastry case and in the retail area besides obviously your coffee products. What else are we going to have there? January 29, 2013 25554 Mr. Carlton: I think it will always be evolving. People are getting their new car and theyre excited about it. If I can sell them a license plate holder or a key chain that has GM or Chevy or their new Corvette or whatever. Screws for their license plates, coffee mugs, whatever. I think that little area will always evolve to what you can really move. Mr. Wilshaw: Okay. So you're going to leave it open to see what you can do with that space. Mr. Carlton: Every now and then IT decide to put something in there that I'll never be able to sell, and I'll be trying to give them to my friends. Mr. Taormina: How about "I survived the Secretary of State" t -shirt? Mr. Carlton: That might work. Mr. Wilshaw: Having been someone that had to sit there at the Secretary of Slate for two, two and half hours or something like that one time, I know exactly where you're coming from. Do they allow drinks in the Secretary of Slate, do you know? Mr. Carlton: I don't know whether their rule allows it. I know that lt happens. Everybodys got something in their hands. They're drinking in there. I don't see them saying anything about it. I dont know if officially they just don't care or they just don't have the manpower to keep telling people not to do it. Mr. Wilshaw: Theyre loo busy doing other sluff, right? Mr. Carlton: It would be fine with me either way. Mr. Wilshaw: It sounds like you're going to offer products that have lids on them. You said bottles of soda, probably water. Obviously your coffee cups are going to have lids on them. So you're providing sluff that's less spillable if they were to lake it over to the Secretary of State. Mr. Carlton: Right. Mr. Wilshaw: As opposed to fountain drinks or something like that. Mr. Carlton: Right. Mr. Wilshaw: Okay. That's all I have for questions. Again, I like your proposal. I like the documentation you gave us as to how you plan to run your business. Simple. Efficient. So people can gel January 29, 2013 25555 in and out, and the fad that you're tying into the Secretary of State's hours obviously, as was recommended, open beforehand because there's always a big line waiting and you have a good captive audience there. Again, I wish you a lot of success. I think you have a neat proposal. Mr. Carlton: Thankyou. Mr. Taylor: One more thing. I was just kind of thinking out loud. In the summer, we have a lot of people who come for outside tables, and I know they go by numbers. I don't know how the people are going to know when their number is going to come up, but you might want to think about, in the future once you gel going, about having a couple of outside tables. There's a prefty good wide sidewalk there. I know that. You'd have to come back to this Board and the Council for outside sealing, but you might want to think about that. Mr. Carlton: I thought about it and I'm not sure if I wouldn't just be providing seals for people who aren't going to buy anything because they're standing outside the place. A lot of limes there's not even a seal left in the Secretary of Slate. One thing I would really like to do is keep track of the number so that you could sit there and relax and you'd know when you're number is going to come up. I'll have to think about how we could accomplish that, but that would make it easier for people. Mr. Taylor: There's always signs you could put out, "coffee shop sealing only." Those kind of things happen. Mr. Carlton: Yes. Mr. Taylor: But I know lt could be a problem. Anyway, good luck. Mr. Carlton: Thankyou. Ms. Krueger: I hale to be the Debbie Downer, but I think it's an important question to ask. What do you envision for your business if the Secretary of Stale office there closes down or moves? Mr. Carlton: Well, that was one of my first questions, how long do they have left on their lease, which is a quite a while. I was talking to the landlord. I have every reason to believe that they will renew their lease when that one ends. So they're not going anywhere in the near future. Ms. Krueger: What is the current lease that you were told? January 29, 2013 25556 Mr. Carlton: With them? Ms. Krueger: Yes. Mr. Carlton: I think they have about four and a half years on their current lease. Ms. Krueger: And where did you gel that information? Mr. Carlton: From the landlord. Ms. Krueger: Okay. And are you planning to lease this space? Mr. Carlton: Yes. Ms. Krueger: And how long are you planning to lease it for? Mr. Carlton: Five years. Ms. Krueger: Okay. Mr. Carlton: And then we'll see. I mean it's a good question because if the Secretary of Stale leaves, who knows? I mean who would go in there? I wouldn't want to have a lease for five years after they're gone without knowing who's going to move into that building. Ms. Krueger: Okay. One other question. I know a lot of people are very loyal to their coffee brands, their Starbucks, Biggby's, Tim Horton's. I was just wondering how you're going to lure those people into your coffee shop who already have loyalties to other brands? Mr. Carlton: I don't know if I can. I think that the lure is, they have to go to the Secretary of Slate. I don't think they're going to drive to my place instead of going to Tim Horton's in the morning. I don't see it that way. I see it as Secretary of Slate people are there. One thing about waiting an hour and a half is, you'll eat something or buy a drink just to kill the boredom. I plan on making great coffee and maybe I can steal a bunch of customers from those people. Ms. Krueger: I hope so. Good luck to you. Mr. Carlton: Thankyou. Mr. Bahr: I cant lel something like this come without commenting on how much I love seeing this kind of entrepreneurial opportunism. I think its important that we all slop, as members of the January 29, 2013 25557 Commission and Council who will read these minutes and any members of the public, that we do have record here now that, however indirectly, a government has successfully created one private sectorjob. Congratulations. Mr. Morrow: Is there anything else? Mr. Carlton: Its going to create more than that because I have 11 children, and I'm going to put a few of them to work. I have two girls in college at SchoolcraR who can work their hours and work their classes in. Mr. Morrow: Well, we haven't been able to slump Mr. Carlon yet, so if there's no more questions, I'm going to go to the audience. Is there anyone in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I'm going to close the public hearing and ask for a motion. On a motion by Wilshaw, seconded by Taylor, and unanimously adopted, it was #01-02-2013 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January 29, 2013, on Petition 2013-01-02-01 submitted by Joseph R. Carlton Jr. requesting waiver use approval pursuant to Section 10.03(1) of the City of Livonia Zoning Ordinance #543, as amended, to operate a limited service restaurant (Carton's Coffee House) at 17162 Farmington Road within the Burton Hollow Shopping Center, located on the east side of Farmington Road between Six Mile Road and Curbs Avenue in the Southwest 1/4 of Section 10, which property is zoned C-1, the Planning Commission does hereby recommend to the City Council that Patton 2013-01-02-01 be approved subject to the following conditions: 1. That the maximum customer seating count for this restaurant shall not exceed 30 seats; 2. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; and 3. That no LED Iightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows. Subject to the preceding conditions, this petition is approved for the following reasons: January 29, 2013 25558 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 10.03 and 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. 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. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Thanks for coming this evening and good luck. Mr. Carlton: Thank you all very much. When the doors are open, come by and see us. Mr. Morrow: I think you're probably looking at seven potential customers somewhere down the road. Mr. Carlton: I hope so. Thank you again. Goodbye. ITEM #3 PETMON 2013-01-08-01 LAUREL MANOR Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2013- 01-08-01 submitted by John Del Signore requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to construct an addition to the existing banquet hall (Laurel Manor) at 39000 Schoolcmft Road, located on the north side of Schoolcraft Road between the 1-96 Expressway and Eckles Road in the Southwest 1/4 of Section 19. Mr. Taormina: This is a request to construct an addition onto the existing banquet hall, Laurel Manor, which is on SchoolcraR Road between 1-96 and Eckles Road. The aerial photograph shows the location of the building as well as surrounding parking areas. The addition will be at the northeast corner of the building on the January 29, 2013 25559 east side of the building. This part of the structure is the main entrance and hallway into the banquet center. It's about 130,000 square feet in area and it contains several banquet rooms as well as offices, kitchen area, mechanical and utility rooms, corridors and other common gathering areas throughout the facility. The addition is going to go in a part of the building that is located across the hallway from what is referred to as the Willow Room, which is one of the facility's banquet rooms. It's an area adjacent to a small service bar and hallway. Right now this area is used as an outdoor patio area. It's roughly 1,500 square feet in size. It is bounded completely by a low profile perimeter type wall. The idea is to fully enclose that area with an addition. The actual wall along the perimeter of this space would be the permanent walls for the addition. It's kind of a unique shape. It's like a trapezoidal shape. Added to the existing building, it would bring the total area up to about 133,000 square feet. The architect is here this evening and he can answer more specific questions you may have regarding the building, but the materials used would match the architecture as well as the materials on the existing building. It's primarily a split face block material. It includes some horizontal banding with some fluted blocks across the front. The glazing in the structure is similar and is designed to match the existing building. Doors would provide the necessary ingress and egress to this facility, both to the exterior as well as within the building. It would have separate doors coming into it from the interior of the current hallway or that lounge area that exists right now across from the Willow Room. So it would all be interconnected with the construction of this addition. Mr. Chair, I'll read the correspondence now if you would like. Mr. Morrow: Please Mr. Taormina: There are four items of correspondence. The first dem is from the Engineering Division, dated December 20, 2012, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced plan approval request to add a lounge to the Laurel Manor Banquet Center. The written legal description shown on the plan is correct. The address for this site is confirmed to be 39000 Schoolcraft Road. It is not anticipated that any of this work will affect public right of ways or easements. The petitioner is hereby notified (via copy of this correspondence) that any site changes which would impact public utilities, road right-of-way, easements, or changes in storm or sanitary sewer volumes must be approved by the Engineering Division of Public Works. Should this project proceed, it is important that the developer's architect/engineer address storm water drainage changes as a January 29, 2013 25560 result of these site changes, to ensure that there is no negative drainage impact to any property. We are also providing the owner, for informational purposes, a copy of Section 13.42 of the City Ordinances. This Ordinance limits the amount of Fats, Oils and Grease (F.O.G.) which can be discharged to the City sanitary sewer system to 100 milligrams per liter by weight, unless written approval is obtained to exceed this amount. This Ordinance also provides information on grease traprinterceptor requirements, and is available on our website at wwwci.livonia.mi.us." The letter is signed by Kevin Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 7, 2013, which reads as follows: "1 have reviewed the plans for approving this proposal to construct an addition to the existing banquet hall on the property at the above referenced address. 1 have no objections to this proposal." The letter is signed by Daniel Lee, Fire Marshal. The third letter is from the Division of Police, dated December 14, 2012, which reads as follows: "1 have reviewed the plans in connection with the petition. 1 have no objections to the proposaL" The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated January 8, 2013, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. Should the project move forward, a full plan review will be completed to ensure that the existing building will have no issues with the addition being constructed. This will include egress pathways, travel distance and fire suppression requirements. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions for the Planning Director? Seeing none, is the petitioner here this evening? We will need your name and address for the record please. Donald A. DiComo, Architect, 19815 Farmington Road, Livonia, Michigan 48152. I'm a Livonia architect. I feel kind of comfortable even though it's been 43 years ago, right Joe? I think I've seen Lee there before too. I can answer any questions, but mainly, as Mark mentioned, we are enclosing an existing patio space. Its 1,516 square feet and the entire building is 132,000 square feel, which John was nice enough to have me design that building many, many years ago. The main reason he wants that is because of the expresso bar right near by. That bar is mainly for those captured patrons in that hall. There's always those that want to go out and gel a special drink and they usually go to the expresso bar. It's a crowded area in that corner and the patio January 29, 2013 25561 was there anyway. By enclosing it, we can make it a year round type of thing. Other than that, I don't have too much more to say. Its got great landscaping all along that side. I have photographs if you want to see that. I dont know if you people were out there to take a look at it, but I do have photographs to show the landscaping is very nice around it. The back wall right now, I should say the masonry wall, CMU, are already up there. We're going to build nghl on lop of it. You cant see much of it even from the road next to it when you look up. You won't see a roof. And of course from the expressway, you'll pretty much only see what you see now, and actually a sliver over the hill of the lop of it. We're burying the construction joist on the existing wall, and we're going to reinforce that wall down to the bottom so we would pick up the footings there and then on the news walls on the front. Other than that, I'm pleased how it's turning out. It's small but I think it will serve a good purpose for John Del Signore. I can answer any other construction questions you might have and John, of course, is here to answer any kind of facility operation questions. Mr. Morrow: Thank you, Mr. DiComo. We'll see if there are any questions. Mr. Taylor: You mentioned laking a beverage out there. Would you have to include the liquor license to move? Mr. DiComo: I'm sorry I can't hear. Mr. Taylor: The liquor license. Mr. DiComo: John would have to answer that question. John Del Signore, 39000 Schoolcmft Road, Livonia, Michigan 48150. We have an expresso bar on that comer. Like he said, its very crowded. So we're going to move that bar right next door. Mr. Taylor: Somebody could buy a drink at the bar now and they could take it outside if they wanted to or out into the other room? Mr. Del Signore: Yes. They could do that. They've been doing that for 24 years. Mr. Taylor: People like to be outside and I know you're going to enclose R. Are you going to be in a screened in area like the windows? Mr. Del Signore: There are going to be windows. Mr. Taylor: Regular windows? Mr. Del Signore: Yes, regular windows. January 29, 2013 25562 Mr. Taylor: Okay. Thank you. Ms. Krueger: How long do you anticipate construction to take until ft's complete? Mr. DiComo: I would guess that could go up quite quick, if that's what you're asking - the type of construction and how long it would take. Ms. Krueger: Yes. Mr. Del Signore: Two months. Mr. DiComo: We have so much there. The footings and everything are in. Mr. Del Signore: Everything is in. Just the roof and the walls. Ms. Krueger: By when do you plan to have it complete? Mr. Del Signore: By May. Ms. Krueger: By May? Okay. Thank you. Mr. Taylor: What kind of sealing are you going to have? Mr. Del Signore: A regular small table. Mr. DiComo: What we talked about, you say ceiling? Mr. Taylor: No. Sealing. Mr. DiComo: Oh, seating. As far as I know, John is going to put loose seating but he can explain that. Mr. DelSignore: We have seating around the bar and then we'll have small tables and chairs. Mr. Taylor: The bar that's there now. Mr. Del Signore: The bar we're going to move it outside. Mr. Taylor: You are going to move the bar outside? Mr. Del Signore: Outside. It's so congested there. Mr. Taylor: I wondered about that. Okay. Thank you. January 29, 2013 25563 Mr. Wilshaw: When you say you're moving the bar outside, you're really not moving it outside. It's going into this new space, right? The bar is going to be in this enclosed space. Mr. Del Signore: Yes. Mr. Wilshaw: When you say you're moving it outside, its not really going outside. Mr. Del Signore: I'm sorty, my accent. Mr. Wilshaw: No. It's okay. So this is going to be an additional space so as people are using the different rooms that you have now, they want to go out there and just congregate and chat. Mr. Del Signore: To gel away from the big crowd, they want to go there and have a drink and relax. Mr. Wilshaw: Okay. That seems reasonable. Now if for some reason this space isn't used for that purpose, you can really use it for anything, nghl? It could be storage or anything. Mr. Del Signore: Yes. Mr. Wilshaw: Its just an addition. From a construction perspective, it sounds like with Mr. DiComo being involved and doing the original building, it's going to look like it was original to this building. Same material, same style, same construction. Mr. Del Signore: Yes. Mr. Wilshaw: Okay. It seems reasonable to me. Thank you. Mr. Morrow: Is there anything else? Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, a motion would be in order. On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was #01-03-2013 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2013-01-08-01 submitted by John Del Signore requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to construct an addition to the existing banquet hall (Laurel Manor) at 39000 SchoolcmR Road, located on the north side of SchoolcraR Road between the I-96 Expressway and Eckles January 29, 2013 25564 Road in the Southwest 1/4 of Section 19, be approved subject to the following conditions: 1. That the Plan marked A-1 dated November 30, 2012, as revised, prepared by Donald A. DiComo, Architect, is hereby approved and shall be adhered to; 2. That the Elevations Plan marked A-4 dated November 30, 2012, as revised, prepared by Donald A. DiComo, Architect, is hereby approved and shall be adhered to; 3. 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, 4. 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. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 PETITION 2013-01-08-02 DINALLO ESTATES Ms. Scheel, Secretary, announced the next on the agenda, Petition 2013-01-08- 02 submitted by DeFlorio Homes, Inc. requesting approval of the Master Deed, bylaws and site plan pursuant to Section 18.62 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to construct a single family condominium subdivision (Dinallo Estates) at 36905 Ann Arbor Trail, located on the south side of Ann Arbor Trail between Newburgh Road and Levan Road in the Northwest 1/4 of Section 32. Mr. Taormina: This is a request to construct a detached single family site condominium development that would be called Dinallo Estates. The property that is the subject of this petition is located on the south side of Ann Arbor Trail between Newburgh Road and Levan Road. Its actually closer to Newburgh Road. It's one parcel to the east of Newburgh on the south side of Ann Arbor Trail. Approximately seven years ago, the same property was January 29, 2013 25565 rezoned under Petition 2005-04-01-03. That rezoning changed the zoning district from RUF, Rural Urban Farm, to its current classification which is R-1, one family residenlial, allowing for the development of single family homes on lots measuring 60 feet in width by 120 feet in depth. That rezoning was undertaken in anticipation of a previously approved but never developed site condominium that was called Cade Meadows. The Master Deed, bylaws and site plan for Cade Meadows were approved by the City on Apnl 12, 2006. However, no work was ever done, and one year later in April, 2007, the approvals for Cade Meadows officially expired. The design of the new development, Dinallo Estates, is neady identical to that of Cade Meadows. In terms of what is adjacent to this site, immediately to the south of the property is Kingston Village Condominiums. This is an area that is zoned R -C, Residential Condominiums, and it consists of a 12 unit detached cluster home development. To the south and east of the property is Churchill High School, zoned PL, Public Lands. To the west are a couple of single family homes as well as a small office building. To the north across Ann Arbor Trail are other single family homes zoned RUF and R-1. Dinallo Estates would occupy portions of two adjacent properties, Lots 759 and 758, that are part of Supervisor's Plat No. 12. Presently, there is a house on a portion of one of the lots. That would be separated out from the development so that the southeasterly portion of this site is actually the rear part of where that residence exists. That would be included as part of the development and used for stormwater detention. The main part of the development would be located on land that is presently vacant and vegetated. It contains a number of trees. Altogether the property is just a little over three acres in area. The old plan is virtually identical although it refers to the street name as Cade Court. I believe that will be something different. This gives you an idea of the layout of the subdivision. It shows 11 single family lots that would front on a proposed new street that would extend from Ann Arbor Trail south about 200 feet where it would end in a cul-de-sac. The right-of-way width of the proposed road is shown to be 50 feet as opposed to 60 feet, which is a typical design standard for residential streets. With your approval, it can be reduced to 50 feel. The R-1 zoning requires the interior lots to be 60 feet by 120 feet or 7,200 square feet in total area. All nine of the interior lots meet or exceed this minimum lot size requirement. There is an additional requirement for lots that are developed with a side yard abutting a major thoroughfare. They are required to have an increased width of at least 30 feet. One of these lots, which is identified on the plan as Lot 11 in the northwest comer adjacent to Ann Arbor Trail, would not be in compliance with this requirement. It is shown to be about 65 feet in width. That is January 29, 2013 25566 measured at the front setback line which is a distance of about 25 or 30 feet back from the right-of-way line. So if you measure the width of the lot at that setback line from the south side property line to the north properly line, which is coterminous with the rightof-way of Ann Arbor Trail, that width is about 65 feet, and it is required to be 90 feel. A variance was approved for the deficient lot width back in 2007 under Case 2007-4-16. So that has already been approved for that lot as part of the previous development. To my knowledge, it runs with the land and is still valid in this case as long as everything else is the same. Slonnwater will be handled by means of a detention pond that would be located in the soulheastedy portion of the property. This is an area that is directly adjacent to and east of Units 4 and 5. This is where he is showing the small detention area in order to accommodate the stormwater from the site. The plans do show a continuous five foot sidewalk being installed on all of the lots and around the cul-de-sac. He has provided information with the Master Deed and bylaws relative to those issues that we normally look at. In terms of landscaping, I will show you the plan that was approved in 2007. It shows landscaping primarily along the frontage of Ann Arbor Trail, the area surrounding the detention basin, trees in front of each of the lots as required, some landscaping in the center island of the cul-de-sac, which I think might be adjusted somewhat, and then some additional trees along the west side of the project where it abuts these two existing single family homes and the office building a little bit further to the north. In the resolution that we prepared for this evening, we've indicated that the landscape plan as approved in 2007 would suffice today unless you wanted to see further changes and have it come back to you. Otherwise, we would review any additional changes and bring that back if you so requested. Thank you. Mr. Morrow: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first dem is from the Engineering Division, dated January 21, 2013, which reads as follows: 9n accordance with your request, the Engineering Division has reviewed the above -referenced request for approval of the Master Deed, bylaws and site plan pursuant to Section 18.62 11.03(L)(1) of the City of Livonia Ordinance #543, as amended, in connection with a proposal to construct a condominium development (Dinallo Estates). The written legal description is correct. The address for this site is confirmed to be 36905 Ann Arbor Trail. Ann Arbor Trail is under the jurisdiction of the City of Livonia. The entrance will require a permit through the Engineering Division to construct the entrance to the proposed condominium site. The existing right- January 29, 2013 25567 of -way vanes along Ann Arbor Trail and in relation to this proposed development is 33 feet on the south side of the road and consideration on the dedication of 27 feet of right-of-way for a total of 60 feet of right-of-way on the south should be considered by the Planning Department There are existing trees along the south side of Ann Arbor Trail that will need to be removed along with existing utility poles that may need to be relocated for the construction of the entrance. In addition, the proposed sidewalk will allow for connectivity that was recently inquired about from residents to the east of Rosedale Elementary School. Storm Water Management will be required to allow detention, treatment and release of the storm water for the proposed condominium site and is proposed in the southeast comer of the site. Since the site is under five (5) acres, the storm water management collection system should be able to handle a 10 year, 1 hour storm event. The proposed right-of-way of 50 feet is acceptable. However, the proposed 28 feet back to back pavement width will be difficult to provide on street parking. The Engineering Department will review the proposed cross section for a 31 foot back to back pavement width to allow for on street parking with a 55 feet radius for the cul-de-sac. The propose road cross section will need to be submitted to the Engineering Department for review based on the proposed pavement specified (i.e. 7 -inch thick non reinforced concrete pavement or 7-Y§ inch asphalt pavement with concrete curb and gutter) and 6 -inch underdrain will be required. Proposed street lighting poles and locations will need to be determined. Consideration should be given to use LED lights to reduce energy costs. There is existing sanitary sewer and water main for connections for this proposed development and will require a permit from the Engineering Department to work with the City of Livonia right-of-way. There is existing 15 - inch sanitary sewer to the south side of Ann Arbor Trail and an existing 8 -inch water main to the north of Ann Arbor Trail. Please contact me atizFllncik(r)t cF.11vonu�.ml.vs or (734) 466-2561 should you have any additional questions on this matter." The letter is signed by Todd Zilincik, City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 28, 2013, which reads as follows: 9 have reviewed the site plan for approving this proposal to construct a condominium development on the property at the above referenced address. Based on the submitted site plan Livonia Fire & Rescue does not approve the plan based on the following code requirements: 18.2.3.4.1.2.2 Vertical clearances or widths shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. 18.2.3.4.3.1 The turning radius of a fire department access road shall be approved by the AHJ (authority having jurisdiction). We would recommend the January 29, 2013 25568 removal of the cul-de-sac and to merge the proposed mad with Blake Drive where it currently ends at the south boundary line of Dinallo Estate Condominiums." The letter is signed by Earl W. Fester, Fire Marshal. The third letter is from the Division of Police, dated January 15, 2013, which reads as follows: "1 have reviewed the plans in connection with the petition. 1 have no objections to the proposaL" The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated January 25, 2013, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. There is an existing Zoning Board of Appeals variance (2007-04-16 see attached) for the deficient lot width along Ann Arbor Trail. All conditions of the variance would need to be adhered to and a variance from the Zoning Board of Appeals for deficient comer side yard setback would also be required. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions? Mr. Wilshaw: Mr. Taormina, the road is going to be dedicated to the City, correct? It's not a pnvale road. Mr. Taormina: It would be a dedicated private road. That is correct. Mr. Wilshaw: The area where Lots 10 and 11 abut up against the office building, is there a requirement that there be a separation wall or are we going to waive that and have a greenbelt? Mr. Taormina: The previously approved plan did not require a wall. I believe that the landscaping was provided as part of our discussions with the developer at that time. While a wall would have been required at the time the office was constructed, I don't know that it can be required now as part of this project. I'd have to check on that, but in either case, we would probably propose to waive that requirement. Mr. Wilshaw: That's my question. Do we need towaive that? Mr. Taormina: Formally, I don't believe that's the case but I'll have to check. Mr. Wilshaw: Okay. Mr. Taormina: We didn't in the previous approval that I'm aware of. Mr. Wilshaw: Okay. Thank you. January 29, 2013 25569 Mr. Morrow: Mr. Taormina, normally when this occurs, it means there is some higher intense use coming in and they are usually required to separate the residential from the office. This is a reverse. So would there be a requirement to install a wall there? This is just a technical question. I concur with what you've said relative to the prior plan. It's just a point of information. Mr. Taormina: It normally happens in the reverse situation where the more intense use is being proposed adjacent to residential. Unless there is a special exception somewhere in the Code that I'm not aware of, then he would not be obligated to build a banner wall between his property and the commercial. Mr. Morrow: And the balance of the site is residential? Mr. Taormina: Yes, the balance of the site is residential. It would only affect Lots 10 and 11 as was indicated by Mr. Wilshaw. Mr. Morrow: I just wanted to clear that up. Ms. Smiley: I had one question. You said we cant extend that road because R would extend into a pnvale road. Is that correct? Mr. Taormina: Yes. Blake Road to the south is part of a cluster condominium development and is a private road. This is not proposed to tie into that road because of the distinction. You have a residential public road adjacent to a private residential road constructed under different standrds, so the two would not be tied together. It would require coordination between the two developments. Ms. Smiley: Okay. Then my next question would be, didn't we talk about eliminating that circle in the middle so that a fire truck could turn around. Would that make the Fire Department happy? Mr. Taormina: I think the final design here is one that is going to require some input from the Fire Department and the Engineenng Division. Its not unusual to have a design of this type. We had an almost identical design as part of Sarah Estates on Eight Mile Road. That's not to say that there shouldn't be some fine tuning or adjustments made here to accommodate the Fire Department's concern for some of the apparatus that they might use at this location. If that means shrinking or eliminating the center island, then that may have to occur, but the Engineering Division will be the final authority in making that decision. Engineering's letter had no indication that it would need to be eliminated, but they will lake a look at it to address the Fire Department's concerns. January 29, 2013 25570 Ms. Smiley: Because I didn't like the wording "they do not approve this plan." Okay. Thank you. Mr. Morrow: Anyone else? Is the petitioner here this evening? We will need your name and address for the record please. Vidor DeFlorio, 3609 Cedar Brook, Rochester Hills, Michigan 48309. Mr. Morrow: Thank you. You've heard the presentation. Is there anything you'd like to add? Mr. DeFlorio: The only comment I have, again, is should there be further discussion required regarding emergency vehicles making its way and maneuvering about the bulb of that court, either the reduction of that center island or the elimination of that center island, I would support. Mr. Morrow: Thank you. Are there any questions of the Commission? Mr. Wilshaw: For the benefit of the viewing audience and anyone who wasn't at our study meeting, can you tell us a little bit about what you plan to build as far as the types of homes, the sizes, the materials you're going to use and all that good stuff? Mr. DeFlorio: Sure. The homes themselves are going to be pretty much traditional in style. I had some drawings provided to the Planning Commission that kind of shows the Iasi development that I had completed. The home would be entirely, the front face, all brick just like Mr. Taormina popped up on the screen. They would look like this particular type of style. The coining on the sides would certainly be an option, but because we're trying to keep it in the $239,000, $245,000, $253,000 -type range for the demographics of that quadrant of Livonia, certainly that's going to be an opportunity for the applicant who moves into to use as an option. But they will be all brick homes. The usage of the cast keystones that you see would be very prevalent. They would be uniform throughout the subdivision. Each of the homes themselves would have some type of a little detail work like that in the brick to make the harmonious mix within the sub. Even though the designs may be slightly different, the type of materials used would be common throughout. We're looking at steel or fiberglass entrance doors with side lights for the front entranceway. The front of the home, depending on the style, will all be single or double hung windows in the front, sliders in the back, to try to keep the home as competitive as possible. The use of arching to show off the foyer certainly is under strong consideration. Even though I don't have the layouts for the 60 January 29, 2013 25571 fool wide lots done, the pictures that you're seeing here are all done on 66 and 68 fool wide properties so they really wouldn't change all that much. Mr. Wilshaw: If I was a perspective buyer in your development and I said I would like a ranch or I would like some sort of customization to the properly, are you going to have these fixed layouts, a menu of five or six different styles to pick from, or is this going to be completely customizable by the buyer? Mr. DeFlono: One of the successes that I've had in the Iasi development was, each of these photos that we're screening through nghl now, even though they were very common and similar in design layouts, each of them had a special feature on the inside that was a request from the customer that I was able to accommodate. The plans, the layouts themselves, will be soft layouts. The outside structure of the elevation, the perimeter of the home would be somewhat fixed, but the interior rooms would be flexible enough so that if somebody would like a larger study or no study or an open or smaller area, I would certainly be able to flex those. Its a little cumbersome. It lakes a little more time working with the customer and I'm running back and forth to the architect a lot, but it does provide a better relationship with the customer, and I think they enjoy the product better. Mr. Wilshaw: Okay. I don't think you've done any developments in our area before that I'm familiar with, but from some of the materials that you provided to us, it looks like you provide somewhat of a unique service at offering some higher end custom features in your homes, even though the homes are not in the higher end price bracket. Can you explain that to me a little bit? Mr. DeFlono: Yes, if I can just regress a little bit. The previous development, the theme for that development, was one of which I was trying to offer custom features in homes that were not sized in the 3,500, 4,000 square foot range. Normally in those types of sizes, you would gel higher baseboard, trimmed out archways, crowns on your cabinets and things like this. I was trying to bring those amenities to a smaller sized home. I think it worked pretty well. If you talk to the customers who have moved in, they enjoy some of the small subtleties that I offered in the home, and I try to make those subtleties become my standard. So a four and an half inch base on the floor would be a DeFlono Homes standard. I cringe when people say, do you offer builder grade products, because I really don't. I offer a set feature. When the first model was in, all the features that you see are all listed in a specific list of details. That description of materials is January 29, 2013 25572 made part of the contract to the customer. So even though we just started the excavation for the gentleman's basement, they already know all the features that they're getting inside. If not, they can refer back to their package because it's all detailed out. Mr. Wilshaw: Okay. And one question about the plan, is there mention of street lighting? Are you going to have street lights in this development or is it not going to be street lit? Mr. DeFlono: My hope is not to have street lights that need to be serviced from the city but there would be lamp posts in front of each home. Its a small court. If you lake 11 lamp posts and each of them are illuminated, it does show off quite well and it takes the responsibility of any type of repairs or upgrades off the city shoulders and puts it back onto the community. Mr. Wilshaw: Okay. I like that idea. Very good. I did hear a rumor that you are a Livonia school graduate. Is that true? Mr. DeFlono: I went to high school here in Livonia. Livonia Churchill. Yes. Mr. Wilshaw: Well, that's funny. Its just down the road from this proposed development. So I'm sure you're glad to be developing in that area that you went to school. Mr. DeFlono: Funnier yet, I used to nde my bike past there. Mr. Wilshaw: Very good. Well, its good to have you in our community. It looks like a nice plan that you're giving to us. Obviously, its one that we've seen before, very similar, but it's nice to see that you're here and willing to actually go forward with it. It's not often that we see these days residential development in these communities. It's been a long time since we had a lot of this type of work so it's nice to see that you're here and wanting to do that. So thank you. Mr. DeFlono: I look forward to it. Mr. Taylor: You mentioned about the basements before. You might as well do your whole sales pitch here about a nine foot basement ceiling. I know it was unique what you told us at a study session. Mr. DeFlono: The standard basement is usually what's called a 7-10A or an 8 fool pour as we commonly know it on the street. The uniqueness in the Di Florio product is that I use no lie rods through the basement. They are all done with metal strapping that runs through the wall and gets frozen in so they get January 29, 2013 25573 snapped off, which is going to avoid maintenance and leaks down the road. That's first and foremost. Second of all, it's a 10 inch pour. The guidelines with BOCA codes are a minimum of an 8 inch pour. The 10 inch pour is not because I'm a nice fellow. It's because I am extremely cheap and I don't want to come back on a repair. It lends to work out a little bit better. The better foundation you put in lends to bode well. Should the applicant want a 9 fool ceiling, we are designed with the fors and my contractors who pour to go ahead and accommodate that. That option is usually passed on to the customer at a cost. Whatever the additional concrete to support that home requires, that's the only the cost that they would bear. Mr. Taylor: You talked about the rod holes. You don't do that anymore in basements? That's the problem most people had them leaking, water pressure coming through those rod holes that they plug up. Are they doing it different now? Mr. DeFlono: The rod holes are still being used quite a bit. The contractors that use those, it costs quite a bit for them to change their inventory of fors so they continue to min on that basis. I do not use that because of that same reason that you talk about. The hydrostatic pressure that is put onto a basement wall on the lower portion of the rod hole is much greater than the lop, and over time, in the event that there is a heavier min and some type of clay base, the combination of the two pressures can cause that leakage to push towards that hole. I don't really see the need to invite that type of risk when the technology that the contractors have today can eliminate that, and that's the path that I lend to use. Mr. Taylor: That's great to hear. Mark, at one time, the Council wanted a certain percentage of brick on all the houses. Is the petitioner aware of that? Mr. Taormina: I believe we had this discussion early in our plan review process, but from what I've seen, there's no problem with the percentage. I think its usually around 55 to 65 percent minimum and everything he's shown us here would meet or exceed that requirement. Mr. Taylor: Good. Thank you. Ms. Krueger: I just have a couple questions. Looking at the aerial map of this parcel, there's a lot of trees that appear to be on it. Are you planning just to clear cut all of those trees and then provide the landscaping that was shown in the other drawing? January 29, 2013 25574 Mr. DeFlono: Yes. The cleanest way, easiest way, and the safest way for protecting the trees in the long run, believe it or not, is to eliminate the trees. There's a lot of underground work that goes on when a subdivision is created. Most people consider the street is an area where the trees needs to removed, but there's a lot of arteries of underground digging that goes past to the rear drains of the entire outside perimeter of the development. When you do that, cutting across a majority of those roots will cause severe damage and will eventually kill the trees two or three years later. All it does is have the people who own the homes clean up that mess later. The idea really is because of it being under five acres like this and there's really no other room to maneuver through those, we do clear cut all the trees there and then we replace on the outside perimeters, the entrance coming in, and then of course around the detention pond to reinstate that seclusion that's required for the water area and the entrance area. Ms. Krueger: Okay. I don't recall looking at this in the Master Deed, but are there any requirements as far as landscaping and trees that need to be planted by the owners of the property? Mr. DeFlono: Yes. Inside the Master Deed, the developer and myself would have final say over landscape approval for each individual site. I would explain to the customers what that entails. Its a minimal investment that takes place because the lots are relatively small. When you start to take the walkway, the driveway away from a 60 foot wide lot, there's really not a lot left. If someone is going to be putting in a tree, it's going to be a at least a four inch diameter at chest height, the tree going in, which will give quite a bit of a f11 to the landscaping immediately, and one of the things I try to tell the customers is that to go ahead and put the trees in strategic placing on the lot because sometimes, especially in landscaping, less really is more because they do f11 out. They do grow out and six or seven years later all you hear are chainsaws and people trying to clean out the front of their house with bushes and shrubs. I try to advise them on that, but they do have their own choices to make. Ms. Krueger: Okay. And just one other question. The Engineering Division correspondence referenced considering LED lighting. Is that something you would consider using in those lamp posts that you mentioned? Mr. DeFlono: I could. I haven't been petitioned or challenged to use something like that, but I certainly would look into it and work with the City. If that would be the recommendation, I would. I January 29, 2013 25575 certainly can go that route. I don't have an opinion on it at this point. Ms. Krueger: Okay. I'd appreciate you looking into that. Thank you. Mr. Morrow: Are there any other questions of the petitioner? Is there anyone in the audience that wishes to speak for or against the granting of this petition? One question that I did have, do you have a target relative to when you're going to have your first model complete and open for business? Mr. DeFlono: I think the underground on something like this is really dependent upon weather. Should we be able to gel this thing kicked off in spring, it's a pretty small development. It goes in and out pretty quick. You're looking at six to eight weeks of work of land balancing, hauling out and putting in the underground. That's first and foremost. And then of course after that, it's the model. When the excavator goes in the ground until its finished, it's usually about a five to five and half month penod, six if it's during hunting season, but I would say about a five month period after that. So conceivably by fall we should have at least a model up for public view. Mr. Morrow: Okay. I appreciate that. Mr. Wilshaw: I think I noticed something in the Master Deed about no hunting on the properly. Mr. DeFlono: No hunting. Mr. Morrow: Now I'll ask for a motion. On a motion by Scheel, seconded by Wilshaw, and unanimously adopted, it was #01-04-2013 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2013-01-08-02 submitted by DeFlono Homes, Inc. requesting approval of the Master Deed, bylaws and site plan pursuant to Section 18.62 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to construct a single family condominium subdivision (Dinallo Estates) at 36905 Ann Arbor Trail, located on the south side of Ann Arbor Trail between Newburgh Road and Levan Road in the Northwest 1/4 of Section 32, be approved subject to the following conditions: 1. That the Master Deed and Bylaws comply with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinance, January 29, 2013 25576 and Article XX, Section 20.01-20.06 of Zoning Ordinance #543, except for the fad the following shall be incorporated: That the first floor of each condominium unit shall be brick or stone, on all four (4) sides, and the total amount of back or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings; 2. That the brick used in the construction of each condominium unit shall be full face four inch (4") brick; 3. That sidewalks shall be installed throughout the development to the satisfaction ofthe Engineenng Division, and that street lamps may be substituted in lieu of slreeflighls with the approval of the Engineering Division and City Council, if necessary. 4. In the event of a conflict between the provisions set forth in the Master Deed and Bylaws and the requirements set forth in the City of Livonia Zoning Ordinance No. 543, as amended, the Zoning Ordinance requirements shall prevail and petitioner shall comply with the Zoning Ordinance requirements; 5. 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, and giving the City of Livonia the nghl to impose liens on each lot owners property prorala and place said charges on their real estate lax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia; 6. That the Site Plan submitted by DeFlorio Homes, Inc. on January 10, 2013, is hereby approved and shall be adhered to; 7. That any substantive revisions to the previously approved Landscape Plan (dated January 12, 2009, prepared by South Hill Construction Co.) for the detention area, cul-cle- sac island and the street frontage along Ann Arbor Trail January 29, 2013 25577 shall be submitted to the Planning Commission and City Council for their review and approval; Thal to the extent that there is a requirement that a wall be constructed where this site abuts the non-residential property, a greenbelt may be substituted for the wall, and that any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a prolective barrier, the owner of the property shall be required to submit such changes to the Planning Commission for their review and approval or immediately construct the protective wall pursuant to Section 18.45; 9. That only a conforming entrance marker is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 10. That the issues as outlined in the correspondence dated January 21, 2013, from the City Engineer shall be resolved to the satisfaction of the Engineering Division; 11. That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan; 12. That the Developer shall submit for approval an ongoing mosquito control program, as approved by the Department of Public Works, describing maintenance operations and larvicide applications to the City of Livonia Inspection Department prior to the construction of the storm water retention facility; 13. That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 14. That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surely 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 15 Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this conditional use January 29, 2013 25578 approval is valid for a period of one year only from the date of approval, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Mr. Morrow: Is there any discussion? Mr. Taylor: Through the Chair to Mark, Item 3 says streetlights and sidewalks shall be installed. The petitioner mentioned that he wanted to put his own lighting in. Should it be streetlights or should it be some sort of lamp? Mr. Taormina: I think that requirement can be waived by the City Council. I'm not sure of the mechanism if he requests that at the time of bonding or what. I'm not sure but I have seen that on other developments. I believe he has that option, so we might want to modify that language to allow him to file that request. Mr. Taylor: Change it to some sort of lighting, that's what I was thinking about. Mr. Taormina: That street lamps may be substituted in lieu of streetlights with the approval of the Engineering Division and City Council, if necessary. Mr. Taylor: Thankyou. Mr. Taormina: I was looking back at the resolution adopted in 2006 in response to the question regarding the percentage of back. I think it should be mentioned even though this developer has demonstrated full compliance with these standards. I think it's important that it be a part of the building and use restrictions of the development for any future builders that might do business with this development and developer. That should be included with a minimum of 65% brick on the building and on all four sides. This is something that was approved with the previous development if that isn't an issue with Mr. DeFlono. And then the other question regarding a wall, something tells me there is a provision by reference through our Subdivision Regulations that residential projects are required to build walls adjacent to non-residential properties. So I would suggest that we add a condition that says to the extent that there is a requirement that a wall be constructed where this site abuts the non-residential property, that a wall be substituted with a greenbelt. And we can add the language relative to landscaping and the future need to build a wall if that landscaping is not effective. It gives the petitioner the assurance that he's not required to build a wall later on. January 29, 2013 25579 Mr. Morrow: Well, as long as he doesn't have to come back. Mr. Taormina: That would be the intent with that condition. Mr. Morrow: And get approval not to build a wall so it's either/or. Mr. Taormina: Correct. Mr. Morrow: Does the maker and the supporter of the motion go along with these last suggestions? Mr. Wilshaw: Yes. Ms. Scheel: Yes. Mr. Morrow: So if you would incorporate those, Mark, they will part of the resolution. Any other discussion? Mr. Taylor: Didn't we do something like that on Six Mile, the properly there along Six Mile with the church? Didn't Leo Soave build on some properly in there? Mr. Taormina: I cant remember the Six Mile development, but I thought maybe it was done along Elmira possibly by the same developer, and there may have been another instance where we used a fence instead of a masonry wall for separation. So I think this has been an issue, but I think it's applied to platted subdivisions, is where I think the requirement exists. But as I've given it some thought, there may be a reference in our condominium language that refers back to the Subdivision Regulations for those types of standards. If that's the case, then it would carry over to this development, and that's why I think we should take the approach and include the language because, unless you think the wall is required, which it's not something we considered with the last development, but since you raised the issue, its better that we include that language and make it clear that that's not the intent. Mr. Taylor: Good idea. Thank you. Mr. Wilshaw: Just to clarify, there were a lot of comments being made. I just want to make sure that we understand cleady and the petitioner understands cleady that what we're looking to do is modify the resolution as presented to give you flexibility with your street lighting so we're not saying that city streetlights are required on the roadway, that you're going to have a requirement for at least 65 percent brick on all four sides, and that you're going to be January 29, 2013 25580 able to use a greenbelt in lieu of building a wall behind Lots 10 and 11. We didn't want you to gel stuck having to build a wall there for that little piece. Mr. DeFlono: I'm pretty clear on what discussions took place. I would certainly hope that the City does support the usage of a small berm because if it's just behind Lots 10 and 11, the bene can easily be tapered down as opposed to a jagged ending of a cinderblock wall. Berms really require no maintenance at all. They don't crumble. As long as it has a gentle slope to it, the separation gives a visual separation between two different zones. If a berm is used in an area where it may not impede the entire site going across there, but it does give some definition from one zoning to another or one zoned area to another. Usage of a berm can be enhanced with one or two trees to go ahead and create if we need additional height. So something like that can be done very cheaply and of course if it's done naturally, it's a lot more eye pleasing than cinderblock. Mr. Wilshaw: Exactly. That's what we want to do is give you the flexibility to do that. I think that would work out better for you as well. Mr. DeFlono: Sure. Mr. Morrow: Normally we're working that the other way around. Somebody will come in and will ask for relief from the wall and put in a landscape bene of some type or at least a separation. So this is a little unique. Mr. Taormina: On the plan it looks like it extends to Lot 9 as well. Mr. Morrow: Okay. Thank you for that clarification Mr. Wilshaw. If there is no more discussion, we have a motion before us. I believe we have all the bases covered and with that, I'll call for the vole. Mr. Morrow, Chairman, declared the mofion is carded and the foregoing resolufion adopted. It will go on to City Council with an approving resolution. Good luck on the project. Hopefully, it will go through and we'll have a chance to come out and take a look at it. Mr. DeFlono: Thankyou and thank you foryour time. Mr. Morrow: And good luck on the sales. Mr. DeFlono: Thankyou. January 29, 2013 25581 ITEM #5 APPROVAL OF MINUTES 1,030 Public Hearings and Regular Meeting Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,034'" Public Hearings and Regular Meeting held on December 18, 2012. On a motion by Scheel, seconded by Taylor, and adopted, it was #01-05-2013 RESOLVED, that the Minutes of 1,034th Public Hearings and Regular Meeting held by the Planning Commission on December 18, 2012, are hereby approved. A roll call vote on the foregoing resolution resulted in the following AYES: Scheel, Taylor, Bahr, Smiley, Wilshaw, Morrow NAYS: None ABSENT: None ABSTAIN: Krueger Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,035h Public Hearings and Regular Meeting held on January 29, 2013, was adjourned at 8:55 p.m. ATTEST: R. Lee Morrow, Chairman CITY PLANNING COMMISSION Lynda L. Scheel, Secretary