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