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HomeMy WebLinkAboutPLANNING MINUTES 2019-03-05MINUTES OF THE 1,138th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, March 5, 2019, the City Planning Commission of the City of Livonia held its 1,13Wh Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7.-00 p.m. Members present: David Bongero Sam Caramagno Glen Long Betsy McCue Carol Smiley Ian Wilshaw Members absent: Peter Ventura Mr. Mark Taormina, Planning Director, and Stephanie Reece, Program Supervisor, were also present. Chairman Wilshaw informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a petition is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their filing. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2019-02-01-02 ETKIN MANAGEMENT Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2019- 02-01-02 submitted by Etkin Management, L.L.C. pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the property at 37640 Seven Mile Road and part of the property at 19290 Victor Parkway, located on the north side of Seven Mile Road between Newburgh Road and the 1-275196 Expressway in the Southeast Y4 of Section 6, March 5, 2019 28990 from R-U-F (Rural Urban Farm) to R-8 (High Rise Multiple Family Residential District — Maximum 4 Stories). Mr. Taormina: Thank you, Mr. Chairman. Again, this is a Petition to rezone property from RUF (Rural Urban Farm) to R-8 (Multiple Family Residential). This property is located at the northeast corner of Seven Mile and Victor Parkway. There are two parcels connected with this Petition. The first and larger parcel is 37640 Seven Mile Rd. That is the parcel located at the corner of Seven Mile and Victor Parkway. The smaller of the two properties immediately to the north is 19290 Victor Parkway, which is about 3.79 acres. Altogether, the land area involved in this request is about 10.17 acres. These two parcels are separated by a drainage creek. I will point out that the northerly 100 feet of 19290 Victor Parkway is excluded from this rezoning request. The reason for the rezoning is to allow for the development of a multi- family residential apartment complex. Apartments are treated as a permitted use in the R-8 zoning. The buildings are required to be over two stories, with a maximum height of four stories. Immediately to the north of the subject property are residential homes that exist along Northland Road. Immediately to the east is a child care center on a property that is zoned R-C (Condominium Residential). To the south across Seven Mile are single family homes, as well as a small office building and Mission Health Medical Center, which is at the corner of Seven Mile and Newburgh Road. Looking west across Victor Parkway are a variety of office buildings, as well as a pond that is used for storm water detention for Victor Corporate Park. This site has a lot of history. In 1997 it was the subject of a Consent Judgement between the City and Oakwood Health System. This Consent Judgement divides the property into three distinct parts, and it addresses the future use and development of each part separately. Parcel A, which includes most of what is 37640 Seven Mile Rd, is the subject of this rezoning application. It is located south the drain and despite the current RUF zoning, the Consent Judgement treats this parcel as if it is zoned Office Space. Parcel B, which encompasses a portion of what is now 19290 Victor Parkway, is also subject to this rezoning application. It contains about two acres. It is north of the drain and is at the west end of the property. Parcel B is also zoned RUF but is required under the Consent Judgement to remain as open space and is subject to an open space preservation agreement. Parcel C is mostly on the north side of the creek and is at the east end of the property. Again, it includes a portion of 19290 Victor Parkway. Originally, Parcel C was intended to be developed consistent with multi -family housing under the R--8C (Condominium Residential) zoning classification. However, in March 5, 2019 28991 2006 Talon Development Group sought and obtained approval to amend the Consent Judgment in order to develop the easterly part of Parcel C as a child care center. The Consent Judgement also requires a 100 foot wide landscape buffer along the north end of Parcel B as well as a portion of Parcel C, all of which is included in the legal description of the Petitioners property, but is excluded from the area proposed to be rezoned, as the developer intends to maintain this area as a buffer between the new development and the existing single family homes which are along Northland. Overtime there have been three amendments to the Consent Judgement. The latest version allows the current owner, Etkin Equities, to construct a one-story 54,000 square foot office research building. The current proposal seeks rezoning of Parcel A and B, as well as a portion of Parcel C for the development of multi -family housing under the R-8 classification. As I mentioned previously, the R-8 district treats multi -family housing as a permitted use. There are several regulations, which include the maximum ground coverage, which is limited to 20% and density which is the minimum lot area per dwelling unit. Density is determined by the height of the building, which is expressed in stories, as well as the corresponding number of bedrooms per dwelling unit. For example, the minimum land area for a two -bedroom unit in a four-story building would be 3,000 square feet. The yard setbacks are also determined according to building height. The minimum front yard for a four-story building would be 80 feet and the rear and side yards are both required to be 60 feet. A preliminary plan was submitted with the zoning application and it shows two buildings. The main apartment building would be located on Parcel A and the second smaller apartment building would be located on Parcel B and a portion of Parcel C. Parking is shown both in the form of surface parking lots that are adjacent to both buildings, as well as a multi -level garage or deck that would be incorporated within the footprint of the main apartment building. The proposed building setback from Seven Mile appears to be deficient, and to the extent that the anticipated number of dwelling units exceeds the density allowance of the R-8 district regulations, relief would be possible only by granting variances from the Zoning Board of Appeals or approval of a Special Waiver Use for a Planned Residential Development under Article XX. The Future Land Use map designates the parcel at 37640 Seven Mile Rd as Corridor Commercial and the parcel at 19290 Victor Parkway as Parks and Community. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. March 5, 2019 28992 Mr. Taormina: There are six items of correspondence. The first item is from the Engineering Division, dated February 12, 2019, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed rezoning at this time. The existing parcels are assigned the addresses of #19290 Victor Parkway and #37640 Seven Mile Road. The legal description provided with the petition ("Legal 2') appears to be correct and should be used in conjunction with his petition. The existing site is currently serviced by public sanitary and water main that can be extended to the proposed buildings. The submitted drawings do not indicate any proposed utility information, so we are unable to address any proposed impacts to the existing systems and will review those items when full Engineering drawings are submitted to this department. The development will need to provide storm water detention per the Wayne County Storm Water Ordinance, and well as provide pass-thru drainage for the properties to the north. Depending on the final outlet for the storm system, the Owner will need to obtain permits from either the MDEQ, Wayne County or the City of Livonia, or a combination thereof. Any proposed improvements within the creek boundaries will require permits from the MDEQ. Any work within the Seven Mlle Road right-of-way will a permit from the Wayne County Department of Public Services." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Finance Department, dated February 19, 2019, which reads as follows: "1 have reviewed the address connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer. 1 have no objections to the proposal." The letter is signed by Coline Coleman, Chief Accountant. The third letter is from the Treasurer's Department, dated February 12, 2019, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted petition. At this time there are no taxes due, therefore 1 have no objections to the proposal."The letter is signed by Lynda Scheel, Treasurer. Next is an email correspondence from the City Assessor, Linda Gosselin, which reads: "Please be advised that the two parcel numbers will need to be combined before the property can be issued a building permit." Lastly, we have an email correspondence from Donald Kleinknecht, dated February 28, 2019 that reads: "Petition 2019-02-01-02, Elevation numbers. The elevation of Northland St north of this Rezoning proposal is near 761 Ft. The elevation of Victor Parkway at Don Juan's restaurant is near 764 Ft. The property at 19290 Victor Parkway has an average elevation of 741 Ft. The property along Seven Mile (37640 7-mile) has an average elevation of 741 Ft. The west March 5, 2019 28993 parking lot of the Learning Tree Child Care Center has an average elevation of 736 Ft. Not knowing the site -plan for this 4- storyproposed residential development 1 can only offer the above information knowing that in most cases water runs downhill. "That is the extent of the correspondence. Mr. Wilshaw: Thank you, Mr. Taormina. Are there any questions of the Planning staff? Seeing none, the Petitioner is here. Please come forward. Good evening. Start with your name and address please. Josh Suardini, Etkin Management, 154 West 2"d St., Royal Oak, MI. Just to point out that 1 have here with me tonight John Woods who is our joint venture partner from DTN. Depending on the question, one or both of us will answer. Mr. Wilshaw: Very good. What would you like to add from what you have heard so far? Mr. Suardini: I think Mark did a great job of summing it up. The drawings represent what we are looking to do. I have been in front of this Commission a couple of times with the previous plan and what we were looking to try to develop. In those meetings we have talked about if there were other ways we could get the property developed and in play to please bring them forward. We believe very strongly that we have done that. We believe this will be a very successful project for the City and the community. We have done an extensive amount of research from an Engineering perspective to make sure that it is copacetic with your Ordinance and the City looking forward. Mr. Wilshaw: Thank you, Mr. Suardini. I want to remind both the Commission and the folks in the audience, anyone who is going to talk on this item that this is a rezoning petition. At this point we are primarily looking at the zoning of the property and what is appropriate in terms of this rezoning request. The details of the site plan and the nuances of the development, if it moves forward, would be dealt with at a future meeting. We are going to try to focus our questions mostly on zoning, but there may be some questions related to the site plan in the conceptual form you have presented. Thank you. Is there anything else, Mr. Suardini, that you would like to add before we get to questions in terms of this development or the progress of it? Mr. Suardini: No. Mr. Wilshaw: Are there any questions for our Petitioner? March 5, 2019 25994 Mr. Caramagno: Sir, why do you feel this development fits this area? What is the draw? What do you think? Mr. Suardini: Similar to the other things we have talked about, we strongly believe in the corridor of 1-275. We believe in the City of Livonia. We believe in the access that the patrons of this building would have to a wide variety in range of where people work, where people play, where people like to be. This type of development is something that is new to southeast Michigan. John can speak to it further, but basically, we are looking at a development that you sometime see closer to a downtown area, but we are scaling it for suburban type living. It is going to attract certain demographics that we would hope would have staying power in the area and be very proximate to where they work and where they live and play. Mr. Caramagno: I think you have said in our Study Meeting that you have the experience of this type of development in different areas. You get business people that come in and stay here that live and work in the same area? Mr. Suardini: Yeah, I mean John can speak a little bit further to that. We are joint ventured on this and they have developed several properties of this nature and this type. The types of clients or patrons that you have in this type of development I think speaks to the change in shift in the way people buy their housing these days. There has been a shift away from single-family to multi- family, either rent or for sale. The demographics show and studies show that throughout the United States and in particular in southeast Michigan that that is a trend that is going to continue. We believe that this will be on the forefront of that trend. Mr. Caramagno: Thank you. Mr. Wilshaw: I have Ms. Smiley and then Ms. McCue. Ms. Smiley: This type of development you have somewhere in southeast Michigan, we can see it locally? Is it downtown Detroit? Something like this? Mr. Suardini: I will let John come up. We do not have anything here. John can speak to a couple things he is working on and what they have. March 5, 2019 28995 John Woods, DTN Management, Lansing. Our name isn't very familiar to southeastern Michigan, but in answer to your question I would like to take a step back to talk about this type of product and this type of housing. There has been a major disruption in multi- family housing. For years single-family housing was kind of the choice for most people when they were looking for their housing needs. Over the last couple of years, I think it has been a transition just between what has happened in the economy since the housing meltdown, as well as we are now in kind of the millennial age. 70% of the household formation that now occurs in the United States is multi -family rental. It is not single- family purchase. You have probably all heard and read about the indexes on the number of people buying houses or the homeownership rate decreasing from roughly 70 points over the last 10 years down to 62. That represents three or four million households in the United States that have transitioned from single-family to multi -family. So, what you have is.... rental housing used to be housing as a necessity. People lived in rental housing because that is all they could afford. These types of buildings that we are proposing here are not housing by necessity. This is rentals by choice. As a result, what we have seen is really a transformation of how these buildings are developed and the type of amenities that they offer because the people that will live in this type of community are looking for technology. They are looking for security. They are looking for convenience and they are looking for very high -end finishes. These buildings have bike storage facilities. People can take their bikes out of a secure location and either ride them in Livonia or take them to a park or Hines Dive or wherever they want to ride their bikes. They have mail centers. They have 24- hour security. We will have a dog park in here. We have extensive physical fitness facilities and on -demand yoga. The median incomes in the building that we own that is similar to this, we have built three of these over the past six years, are roughly $90,000 to $100,000 per year. These are people that have the option to live elsewhere and they make the choice that they want to live in a community like this for whatever the reason may be. As far as this location, we love this location. We are from Lansing. We have roughly three investments that are in development in southeastern Michigan. In particularly, in this part of the 1-275 corridor, as Josh had mentioned, we really think it is poised for tremendous growth as far as employment is concerned between the what is going on with the American mobility center in Willow Run near Ann Arbor. You access to the airport. You have access to the major employment centers that are fairly quick. There is a lot going on in your own backyard. Livonia is a great city to live in, so when you combine March 5 2019 28996 all of those things together, it was really an easy decision for us to pursue the location for all those reasons we just described. We think this building is just going to be a homerun. Ms. Smiley: You said you had three of them on the 1-275 corridor. Where is that? Mr. Woods: Not on the 1-275 corridor. We have a building very similar to this in Lansing Township at 1-275 and Lake Lansing Road. No where the population or the median income that this area has. That building we finished in 2015. It is 100% waiting list. It stabilized in six months. Those rents are on average $1,700 per month. Roughly what we are even projecting on this building, so we think our numbers are pretty conservative here. We have built three mid -rises and a high-rise downtown Grand Rapids with a very similar resident base. Grand Rapids has had a lot of growth over the last seven years of 24 to 35-year old's on a professional level that are in our buildings with median incomes around $70,000 per year. They are a little lower that we projected in Grand Rapids, but those buildings have been well received. In addition, we own roughly 8,000 apartment units in Michigan, so we have an extensive history dating back to 1972. We own roughly 120 properties, so we have a pretty talented group with 350 employees that spend their time and our career on this type of thing. Ms. Smiley: So, you're saying that you are capacity with wait lists? Mr. Woods: We are. A lot of that has to do... it's not just that the buildings are great buildings to live in, but it's the transformation I have talked about in housing that there is a huge undersupply overall, not in some particular areas because you are seeing it in Austin and Dallas and other areas, but in Michigan our feeling is that multi -family is significantly undersupplied and there is not much product like this outside the City of Detroit or Royal Oak. That is predominately where you've seen this type of product. Ms. Smiley: Thank you, Mr. Woods. Mr. Woods: Your welcome. Mr. Wilshaw: Ms. McCue. Ms. McCue: Essentially, I was going to take off of Mr. Caramagno's comment on price point because I think that is an important piece, but you answered that. March 5, 2019 28997 Mr. Woods: Just to clarify, we anticipate rents will be from around $1,350 per month to ... on the three bedrooms, there will only be a few of them, those will trend up to the mid $2,000's per month, but on average would probably be about $1,700 per month. Ms. McCue: Ok, thank you. Mr. Wilshaw: Any other questions? Mr. Bongero. Mr. Bongero: One question. I have had some experience with apartments in Detroit that were renovated and then sold as condos. Have you ever done that with your properties? Sold them off as condos? Mr. Woods: In 45 years we have bought 124 properties and we have reluctantly sold 4 and we have never converted a property. Mr. Bongero: Ok. I have a question for Josh, and I didn't get your last name. Mr. Suardini: Suardini. Mr. Bongero: Oh ok. I had heard there is bad ground on the property. Mr. Suardini: Bad ground? Mr. Bongero: That you are going to have to go deep with your foundation. Mr. Suardini: In some areas. There is a multitude of different ways that we can handle it. Surcharging or just muck it out and bring in engineering fill or go deeper with the foundation wall. There are a couple areas that do have softer soils yes. Mr. Bongero: Ok. So you don't anticipate that impeding this project at all? Mr. Suardini: We have talked about it. We've got studies done. Of course, you poke holes in the ground, and you try to figure out the extent of it and it could be larger, but we have taken that into account in our budgeting process for the project, so we think we have it covered. Mr. Bongero: I have experience with that, and I know that often you don't know the final cost until you get to the end. 1 know there are times that you just walk away because it isn't worth it. I don't know if you have explored that and you are satisfied that you can do this. Mr. Suardini: We have explored it quite heavily when we were looking at it from an office perspective. So, we have mapped out where we March 5, 2019 28998 think the extents are and the depths. There has been a lot of historical on the property and that is probably why you had heard about it. Between what we have done, and we have looked at with John, we have it budgeted, and we have contingencies in place to account for it. Mr. Bongero: There is no basement storage or anything underneath this property? Mr. Suardini: I don't believe we have any no. It will just be a slab. Mr. Bongero: Ok. Thank you. Mr. Wilshaw: Thank you. Any other questions for our Petitioner? Ok, I think we are all set. We will go to the audience. Is there anyone in the audience wishing to speak for or against this item? (Women from audience stating she just walked in) Mr. Wilshaw: This is Item #1. We will need your name and address, so we know who we are speaking to. Jenna Patterson, 37745 Northland, right behind the property. So I guess.... four - stories.... what kind of multi -family residential district are we looking at? Mr. Wilshaw: They are looking at putting in an apartment building. Ms. Patterson: Apartment building? Mr. Wilshaw: yes. Ms. Patterson: Is this the same builder that is doing Haggerty? Mr. Wilshaw: No. Ms. Patterson: This is a totally different type of thing? Mr. Wilshaw: Totally different. Ms. Patterson: So, a four-story apartment building? Mr. Wilshaw: Correct. Ms. Patterson: That is going to really decrease our property value, looking out to that. So how is this fill issue, where it is soft spots, how is that going to affect my backyard? I know that from historical March 5, 2019 28999 issues in the past, you start trying to fill an area and the water is going to be going someplace and seeping out someplace else. How is that not going to affect my property? Mr. Wilshaw: When it comes to water management, Ms. Patterson, every Petitioner that comes before us has to, under Wayne County and Livonia water ordinances, they have to maintain and treat and release all the water that is on their property and not affect any of the neighboring properties. As part of any petition that comes before us is going to be required to put in a storm water management system. A pond or similar underground facility to store that water and slowly release it into the system. Typically, what we find in properties like this, which right now is just a big open field that has no water management and may actually have water running into adjacent properties, is that when they are improved and built upon, they actually stop a lot of the water from going to the neighboring properties where they aren't right now. We find that that actually improves water management when these are developed. They will be required to develop a proper water system. To get it approved by Wayne County, it is a very extensive process. Ms. Patterson: So how is this going to affect our property values? Mr. Wilshaw: I am not a realtor so I can't tell you that. We will have the Petitioner come back up and .... I don't think you were here for some of the background. For one thing, we are looking at zoning, we are not looking at the details of the site plan itself yet. This process is for zoning to see if going from RUF to R-8 zoning is appropriate. We will decide on that tonight and if this zoning is approved, then what will happen is that the Petitioner will have to come back through the same process, to us and to the City Council. This will have to go to City Council as well and then they will have to go through the site plan process. That is when we will actually get to see the details of the building. The appearance of it, all of the nuances of the actual site as it is developed. It is a two-step process. Zoning first and then site plan. We will have the Petitioner come back up and fill you in a little bit on some of the details of what type of development they are looking to build. Again, we are not going to get into all of the details of it but give you an idea of what type of apartments. These are real high end, high rents type of apartments that they ae looking to build. Unlike anything we have in Livonia right now. More like what you see in Birmingham. Ms, Patterson: Yeah and it's four -stories. When we bought in that area there was never any talk of a four-story structure going in behind us. March 5, 2019 29000 That is very disappointing, buying property in Livonia knowing going into it that chances are that they are going to build, its just going to be single or two-story. Again, very disheartening as being a resident of Livonia. I grew up here all my life, stayed through here and now to find out that we are going to have this four-story eyesore right behind me in my backyard. It is very disheartening. Mr. Wilshaw: Ok. Do you have any other questions that we can help you with or share with the Petitioner? Ms. Patterson: So basically, you make a decision tonight whether they can go forward with it and then..... Mr. Wilshaw: Tonight we are going to make a recommendation on the zoning. That recommendation on the zoning will then go to City Council. The City Council will have the same public hearing process and they will ultimately make the decision on the zoning. However, what the Council generally does is that they will hold the final decision until the site plan catches up to it, so they can decide on the zoning and the site plan together. They don't want to sit there and change the zoning and then say we don't like the site plan so.... Ms. Patterson: How many units would be in this complex? Mr. Wilshaw: I believe it is 230. 1 will get that confirmed by the developer when we get them back up here. Ms. Patterson: Ok. That is a lot of traffic then that is flowing out of there. That is a busy area as it is already. Mr. Wilshaw: Yes, it is. Ms. Patterson: So as a resident, do I have any more say in anything right now? Mr. Wilshaw: We just want to hear what your thoughts are and what you want to say. You can say whatever you want to say. Ms. Patterson: Is there going to be other chances for us to voice our opinion later on too? Mr. Wilshaw: Definitely. You will have a chance if you come to the City Council meeting on the same rezoning. You can also come back here for the site plan at the Planning Commission and the City Council. You will have many opportunities to follow this and be involved. March 5, 2019 29001 Ms. Patterson: Okey Doke. Mr. Wilshaw: I would certainly recommend if you are interested and you certainly would be since you live right next to it, I would recommend that you do follow this and that you do voice your opinion to everyone along the way so we can make sure that the best development goes in. Ms. Patterson: Like I said, it is very disheartening to know now that I am going to have this four-story eyesore behind me when that was never part of anything that we knew going into it. Mr. Wilshaw: Sure. Ms. Patterson: Where are there similar ones that I can see what this monstrosity is going to look like? Mr. Wilshaw: We will ask the Petitioner that. He said he has a property in Grand Rapids and one in Lansing it sounds like, but nothing in the immediate area. We will see if he knows of any that are similar in this general area. Ms. Patterson: Ok, thank you. Mr. Wilshaw: Thank you, Ms. Patterson. Anyone else in the audience wishing to speak on this item? Sir? John Fitch, 37773 Northland. I have similar concerns to what my neighbor has. In addition to that, that area behind my house facing directly into the section B I believe what your planning on developing up there. Currently that is a wetland/wildlife area. It is full of duck and geese back there . The deer walk through the backyard all day. Part of the reason of why I spent almost a half million dollars on that house to move into it because of the view. What we had looking out the living room window and down that hill. I share the same concerns that my neighbor does. Now I can sit on that patio and watch 200 people looking out their windows at my grandkids in the swimming pool. Not what I planned when I saved all my life to move here to Livonia. I am concerned that is going disrupt the wildlife and I'm concerned that it going to change that entire neighborhood to put that type of structure in that area. Particularly if they do it north of the creek. That front zone we have always expected that there would be something, a medical center or something there. A buffer from the creek to the back of our property was always considered wetland. I didn't think anyone would ever be building anything, especially a March 5, 2019 29002 high-rise there. That was all swamp until 275 and they put some filler in there. I am really surprised that your going to be putting a high-rise o that ground. Anyhow, that is my say. 1 prefer not to see it, particularly on the north side of the creek. Mr. Wilshaw: Thank you, Mr. Fitch. Anyone else in the audience wishing to speak on this item? Good evening sir. Tim Orow, 19069 Glengarry, 1 am right across the street from the said property. am not going to comment on the property itself, more so the risk of what to expect to get from the tenants and the fact that it is very noisy on Seven Mile. Traffic off of I-275. These people are going to be there six months and they are going to want to get out of the place if they are paying $1,300 - $1,700 a month. If you would like to come spend a summer night in my house your more than welcome to. Mr. Wilshaw: Sir, speak to us. Mr. Orow: Sorry, it's...the bigger concern is what you think you are getting for that money and what you are going to realize when you can't even open your window because of the street noise. The Fire Department constantly going down Seven Mile. You're are not going to get what you think you are going to get. Eventually, that four-story luxury apartment turns into a project. 1 will be dead by the time that happens, but over time I think you are going to see that property degrade. It is more fitting for an office building. Currently, with that center, office and hotel. That's just a comment, but that's how.... it's just not a fitting spot for a four- story building for a residential. Mr. Wilshaw: We appreciate your comments, thank you. Anyone else in the audience wishing to speak on this item? Not seeing anyone else come forward. Mr. Suardini, did you want to come back up and we will give you an opportunity to respond to some of the things you have heard? Mr. Suardini: Sure. I appreciate the comments. As far as the idea of the northerly property, we have specifically requested rezoning but have left the 100-foot buffer from the northerly property line. We intend to leave that landscaped as a buffer. We recognize that there is residential to the north. The point of emphasis on calling something high-rise, these technically are not high-rise buildings. They are four-story buildings that will be finished with very high -end architecture. The view angles, so on and so forth, will be a very nice look. We will have representative landscaping that will be designed as part of this. It will be high- March 5, 2019 29003 end and best in class for the area. We don't necessarily have anything in the near vicinity to point to because this doesn't exist. That is why we believe this is going to be successful. As far as the quality and the patrons that we will attract, we do this for a living, and we believe in what we have designed will work and the rents that will be garnered are what we need. As far as storm water goes, we do have a storm water management plan for the site which will potentially be a combination of above and below ground storm water management with an outflow at the southeast corner of the property with restrictor. When we went through the full site and designed an approval with the office building, we worked hand in hand with the county through the ordinances that you mentioned. We fully anticipate doing that again and making sure that we are compliant. Mr. Wilshaw: How many units were you estimating would be on this property? Mr. Suardini: 265 units Mr. Wilshaw: I just want to make sure we have number right. Again, just to give a real brief overview, the type of units that you are looking to put in here, in terms of comparison since you don't have a property nearby that we can look at, would it be fair to say that these are similar to what you would see in higher -end Royal Oak developments, Birmingham, downtown Detroit? Can you give us a sense of what is comparable? Mr. Suardini: I will let John answer that. To back up really quick to the overall building and structure and design, the building as you can see on the plans that it is a wrapped design. The units and the architecture really wrap around the entire fagade of the building. You have the fenestration, you have the windows, you have the complexity of the materials, and as a matter of fact there is a very limited amount of surface parking that we are designing in the space. We are taking care to provide those materials while providing a high-level of landscape that will make those view very nice. John can speak to the individual units and what the are like and what they are comparable to. Mr. Woods: Just to add to the exterior material, in my opinion, more consistent with the single-family housing that is adjacent to it than some of the buildings. In this particular case, we have got it designed with stone and brick. We have some E.I.F.S. and of course this is all subject to the building standards for the City of Livonia. The exteriors are, in my opinion, fairly appealing and consistent with the existing community. The interior of the units, I tell people, are comparable to a $400,00 to $500,000 house. March 5, 2019 29004 We have quartz countertops. They are either slate or stainless - steel appliances. Glass backsplashes. We do full wood cabinets, self -closing cabinets doors, under cabinet lighting, high -end floor finishes, and all the of the bathroom enclosures are all done in tile from ceiling to floor. They are pretty nice units. The other comment I heard with respect to traffic, this compared to perhaps not the office building that Etkin had proposed before, but certainly with respect to a hospital or medical office that had the 4 acres of paved parking that I saw, the traffic would be a fraction of in and out of the community compared to say a large medical office building like Oakwood had proposed. Compared to a 54,000 square foot office building, perhaps not, but what we find is you have about 40% of the people living in these buildings work from home or they work from home a significant portion of the week, so they are not traveling in and out. Also, a lot of the traffic activity in and out of the community is restricted to typically 6:30am -- 8:00am and then typical hours in the evening. You don't have the constant traffic in and out that you do with some other businesses. Mr. Wilshaw: Ok thank you, Mr. Woods. Mr. Suardini, I have one other question that I would like to ask you in relation to some of the things we heard from the residents. Tell me a little bit about the history of this property, in terms of Etkin's involvement with it and some of the previous owners. This has been zoned RUF, but it has been marketed as medical/office building which we know never happened as a research and development office building. You have had this on the market for a number of years for those uses and you haven't had any bites, right? Mr. Suardini: We've had lookers and we have had certain things that we talked to people about, but we certainly haven't been able to get to the finish line with them. For one reason or another, that is why we are here. We believe this use with the surrounding community and other things that are happening in the corridor like we have explained is the highest and best use at this time for the property. Otherwise, we wouldn't be here. It is a significant economic deal. Much more significant than a 54,000 square foot office building. We believe very strongly that we have a great partner, great operator here with us as well and we believe it to be very high quality. Mr. Wilshaw: Do you have an idea of what the rough estimate is in terms of what the cost of this investment will be? March 5, 2019 29005 Mr. Suardini: I think we right around 55 or 60 million dollars. That is a development cost. Mr. Wilshaw: I know you said at our Study meeting that a significant portion of the cost is that you are doing a parking garage which is going to be internal to the building, not even visible. Those parking spaces were what, $25,000 a piece? Mr. Suardini: Yeah, they can be anywhere from $25 to $30 grand a piece. With us being here in southeast Michigan, predominately car oriented, you have to provide the parking. You have to meet ordinance, but at the same time it provides a very high level of security. For the people that are going to live here its another amenity, covered and secure parking is a big deal. Mr. Wilshaw: Thank you for answering my questions. I just wanted to kind of feed some of these off of things that we heard from residents to make sure that their questions are being answered. You can provide any additional information. Do we have any other questions for our Petitioner? Ms. Smiley. Ms. Smiley: You are building north of the creek, but there is still a 100-foot buffer between you and the residents? Mr. Suardini: Yes, if you look at that drawing right there, the northerly edge of the building between that red line, if you will, to the trees to the north, that is a 100-foot buffer. Ms. Smiley: That building in the back, is that four -stories? Mr. Suardini: Yes. Resident in the audience just yelled out a question about what the circle in the upper left-hand corner is. Mr. Suardini: That is shown as a dog park for walking your dog. None of this.... we haven't gone through the process with the City yet, but it is just a schematic. Mr. Wilshaw: Again, we want to remind everyone that this is just a conceptual plan. We haven't gotten into the details. What you are seeing is a concept. The details of this will come back at site plan to look at landscaping, the use of those various spots, so those are certainly subject to being massaged and changed as it goes through the process. Thank you, Mr. Suardini. Ms. Smiley, any other questions? March 5, 2019 29006 Ms. Smiley; No, that's it. Thank you. Mr. Wilshaw: Any other questions from the Commission? I don't see any other questions. 1 will close the public hearing at this time and ask for a motion. On a motion by McCue, seconded by Smiley, and unanimously adopted, it was #03-22-2019 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 5, 2019, on Petition 2019-02-01-02 submitted by Etkin Management, L.L.C. pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the property at 37640 Seven Mile Road and part of the property at 19290 Victor Parkway, located on the north side of Seven Mile Road between Newburgh Road and the I-275196 Expressway in the Southeast 1/ of Section 6, from R-U-F (Rural Urban Farm) to R-8 (High Rise Multiple Family Residential District — Maximum 4 Stories), the Planning Commission does hereby recommend to the City Council that Petition 2019-02-01-02 be approved for the following reasons: That the proposed change of zoning is compatible to and in harmony with the surrounding land uses and zoning districts in the area; 2. That the proposed change of zoning is consistent with the developing character of the area; 3. That the proposed change of zoning would provide for the development of the subject property in a manner that is appropriate with its size and location; and 4. That the proposed change of zoning, along with amendments to the Consent Judgement and Open Space Preservation Agreement, would permit the development of a multi -family residential apartment complex that will help support an expected increase in employment in the northwest part of the community. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw: Is there any discussion? March 5, 2019 29007 Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #2 PETITION 2019-01-03-01 SMITH-WATKINS INV. Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2019- 01-03-01 submitted by Nowak & Fraus Engineers, on behalf of Smith -Watkins Investment, L.L.C., pursuant to Section 12.08 of the Livonia Code of Ordinances of the City of Livonia, as amended, to determine whether or not to vacate the existing storm sewer easement (Liber 18807, Pages 782-783 Wayne County Records) at 31500 Pamco Drive, located on the northwest corner of Pamco Drive and Merriman Road in the Northeast'/4 of Section 27. Mr. Taormina: This is a utility vacating petition that involves a storm sewer easement that bisects a parcel of land that is located at the northwest corner of Pamco Drive and Merriman. In this case, the vacation of this easement allows for the expansion of the industrial building for a company called Image First. The easement presented a conflict with the expansion of this industrial building. The storm sewer that previously existed within the easement has been moved and has been relocated on the site. The only thing that remains at this point is the easement itself. The request this evening is to vacate that. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: There are four items of correspondence. The first letter is from the Engineering Division, dated January 29, 2019, which reads as follows: Pursuant to the June 4, 2018 request from Nowak & Fraus Engineers, on behalf of the owners Smith -Watkins Investment, LLC, the Law Department has approved the request as to form and the Engineering Division had reviewed the utilities located on the properties in question and found that the request for the vacation of the public utility easements for the storm is warranted. In order to proceed, the Engineering Division respectfully requests that the City Council do all things necessary for the vacation of the following public utility easement (Storm Sewer)" They provide a legal description for that easement. The letter is signed by Todd Zilincik, City Engineer, Don Rohraff, Director of Public Works, and Mayor Dennis Wright. The next letter is from the Engineering Division, dated January 30, 2019, which reads: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no March 5, 2019 29008 objections to the proposed easement vacation at this time. The existing parcel is assigned the address of #31500 Pamco Drive. The legal description provided with the petition appears to be correct and should be used in conjunction with the proposed vacation. The existing storm sewer servicing the property was relocated during a recent building improvement project. A new easement has been dedicated for the relocated storm sewer, and as a result the existing easement is not needed and should be vacated." The letter is signed by David Lear, Assistant City Engineer. The second letter is from the Finance Department, dated February 1, 2019, which reads as follows: "1 have reviewed the address connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer. I have no objections to the proposal." The letter is signed by Coline Coleman, Chief Accountant. The third letter is from the Treasurer's Department, (Updated) dated March 1, 2019, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted petition. At this time there are NO TAXES due, therefore 1 have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. That is the extent of the correspondence Mr. Wilshaw: Are there any questions of the Planning Director? Mr. Wilshaw: The petitioner is here I believe. Is there anything you would like to add? We will need your name and address for the record please. Terry Smith, 13281 Merriman, Livonia. Mr. Wilshaw: Thank you, do we have any questions for the Petitioner? I don't see anybody. Is there anybody in the audience that wishes to speak for or against this item? Seeing no one coming forward, I will close the public hearing. This is a fairly routine housekeeping type item. With that is there a motion? On a motion by Long, seconded by Bongero, and unanimously adopted, it was #03-23-2019 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 5, 2019, on PETITION 2019-01-03-01 submitted by Nowak & Fraus Engineers, on behalf of Smith -Watkins Investment, L.L.C., pursuant to Council Resolution #56-19 and Section 12.08 of the Livonia Code of Ordinances of the City of Livonia, as amended, to determine whether or not to vacate the existing storm sewer easement (Liber 18807, Pages 782-783 Wayne County Records) March 5, 2019 29009 at 31500 Pamco Drive, located on the northwest corner of Pamco Drive and Merriman Road in the Northeast Y of Section 27, the Planning Commission does hereby recommend to the City Council that Petition 2019-01-03-01 be approved for the following reasons: 1. That no objections have been received in connection with this request; and 2. That the public storm sewer that previously existed within the subject easement has been replaced by a new storm sewer and easement that avoids any conflict with a new building addition. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances, as amended. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #3 PETITION 2019-01-08-04 Grove Court Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2019- 01-08-04 submitted by Leo Soave 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, to develop a site condominium (Grove Court) consisting of seventeen (17) single-family homes at 34417 Ann Arbor Trail and 34391 Dover Avenue, located on the south side of Ann Arbor Trail between Norwich Avenue and Wayne Road in the Southwest Y4 of Section 33. Mr. Taormina: This request is to develop a site condominium on the south side of Ann Arbor Trail between Norwich and Wayne Rd. This property is about 4.6 acres in size. It consists of two parcels. The east parcel has the address of 34391 Dover Ave. and is currently zoned R-1, One -Family Residential. The westerly parcel has an address of 34417 Ann Arbor Trail and is in the process of being rezoned from RUF to R-1. City Council gave first reading to the rezoning on January 16, 2019 and the second reading and roll call vote, the final steps in the rezoning processs, are on hold pending a review of the site plan. The R-1 district requires March 5, 2019 29010 minimum lot sizes of 60 feet by 120 feet with a minimum lot area of 7,200 square feet. The Ordinance does allow exceptions in the case of lot depth where there are immovable physical boundary limitations that exist, provided that all minimum lot area and width requirements are met. Looking at this property and its relationship to the surrounding properties, immediately to the east are single-family homes that are part of the Rouge Trail View subdivision zoned R-1. To the west are similar situated homes that are part of the Arbor Park View subdivision also zoned R-1. To the south is land that is part of the Wayne County Park System, and north across Ann Arbor Trail are single-family homes that are zoned RUF (Rural Urban Farm). The proposal is for seventeen site condominium homes. Access to all seventeen lofts would be from Dover, which currently dead ends in the southeast corner of the site. Dover would be extended about 540 feet with a cul-de-sac turnaround at the north end of the site. The new road would be public, and it would transition from a right-of- way width of 60 feet where it connects to the existing street, down to 50 feet where it aligns in a north south direction. Sidewalks are shown on both sides of the new road. They would connect with the existing sidewalks on Dover Ave. All seventeen lots meet or exceed the minimum area in width requirements of the R-1 district. However, due to limitations imposed by the site boundaries, Lots 7, 9, 11 all have average depths that are less than 120 feet. All three of these lots do conform to the minimum area and width requirements and therefore can be approved under Section 404(b) of the Zoning Ordinance. It is important to note that the decreased lot depths result in building envelopes that have shallower depths, however, this does not alter the fact that compliance with all other setback and lot coverage standards are still required. Therefore, reducing the lot depth does not alter the minimum required distances that the houses have to be from the front or rear lot lines. Bordering the site along Ann Arbor Trail are what are described as four out lots. These would not be a part of the site condominiums. These would instead constitute individual parcels that would be described via metes and bounds descriptions and would be split -off separately. All four of the proposed lots along Ann Arbor Trail, while not a part of the site condominiums, would meet the minimum lot size requirements of the R-1 zoning district. Storm water detention would be managed by an engineered basin as well as a forebay system that would be constructed at the south end of the development. This borders the park area. Included in your packet are the proposed Master Deed and Bylaws. These specify a number of items associated with the development including minimum standards for construction materials, including the percentage of brick that would go on the units, the size of the homes and the open space March 5, 2019 29011 requirements, as well as other standards related to the improvements and out buildings. Included in your packet also is fully detailed landscape plan. That plan shows the trees that would go into the development as well as around the detention basin. With that, Mr. Chairman, 1 can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated January 28, 2019, which reads as follows: "1n accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed project at this time. The existing parcels are assigned the addresses of #34417 Ann Arbor Trail and #34391 Dover Avenue. The legal descriptions provided with the petition appear to be correct and should be used in conjunction with this petition. The developer has been in contact with this Department concerning the utilities and paving requirements for the proposed project, but we would like to make the following comments in connection with the submitted dra wings. • The proposed development will be required to provide storm water detention per the Wayne County Stormwater Ordinance. Since the proposed storm system outlets to Wayne County - owned property, permitting for the detention system will need to be completed through the Wayne County Department of Public Service. In addition, proof of easements for the proposed outlet across the abutting parcel will need to be provided to this Department prior to any construction permits being issued. • The submitted storm detention calculations indicate an overall site area of 4.60 acres, but the existing properties comprise an area of 5.15 acres. Since the proposed outlets are included with the development, they will need to be included with the storm detention calculations. Also, the "C" factors used for the calculations are incorrect and will need to be revised accordingly. (0.65 minimum for residential developments, 0.40 minimum for lawn and grass areas) • The proposed storm system should provide inlets at every other rear yard corner to provide forsurface drainage and sump outlets. (Blind taps for sump outlets are not allowed) Also, storm sewer service will need to be provided to the proposed outlets since they are included with this development. • The proposed right-of-way for the development is shown as 50' wide, with 2.5' easements on each side. The City requirements for public right-of-way is 60' wide. As previously discussed with the developer, we would accept the 50' right-of-way, but they March 5, 2019 29012 would need to provide 5' wide easements on each side of the right-of-way for a total of 60'. • The proposed roadway layout changes from 31' wide to 27' wide after the roadway turns north. The developer should explain why the reduction in road width from our standard cross-section is required. • The proposed water main extension exceeds the allowable limits for an 8" diameter main. (790 l.f. shown, 450 l.f maximum allowed) The developer will need to revise the proposed water main to either provide for a looped system or replace the entire 8" dead-end main with a larger size. We would like to request that the developer consider a different name for the proposed development. "Grove Court" gives the impression that the development would be continuous to the existing Grove Avenue's, which would place it south of Six Mile Road. Please consider changing the name to something that represents the location of the development more correctly, or to something that does not incorporate an existing City Roadway name in the title." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated February 6, 2019, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to develop a site condominium consisting of seventeen (17) single-family homes on property located at the above referenced addresses. We have no objections to this proposal with the following stipulations. 1. An approved turnaround for fire apparatus shall be provided where access is dead -ended and is in excess of 150 feet in length. The turnaround shall have a minimum turning radius of fifty-three feet wall to wall and an inside turning radius of twenty-nine feet six inches. The authority having jurisdiction shall approve the grade, surface, and location of the fire lane." The letter is signed by Keith Bo, Fire Marshal. The third letter is from the Division of Police, dated February 6, 2019, which reads as follows: "I have reviewed the plans in connection with the petition. 1 have no objections to the proposal. " The letter is signed by Brian Leigh, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated March 1, 2019, which reads as follows: " Pursuant to your request, the above referenced Petition has been reviewed. This Department has no objections to this Petition." The letter is signed by Jerome Hanna, Director of Inspection. The fifth letter is from the Treasurer's Department, dated February 21, 2019, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the addresses connected with the above noted petition. At this time there are no taxes due, therefore 1 have no objections to the proposal. " The letter is signed by Lynda Scheel, Treasurer. The sixth letter is from the Finance Department, dated January March 5, 2019 29013 29, 2019, which reads as follows: '7 have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Coline Coleman, Chief Accountant. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Mr. Wilshaw: The petitioner's representative is here. We will need your name and address for the record please. Sam Baki, 38901 Plymouth Rd., Livonia, MI 48150, As Mr. Taormina mentioned this property that we are requesting for the development at this time meets all requirements with the present zoning for R-1 zoning for this neighborhood. It meets the sizes of the lots and everything in the surrounding area, including some of the concerns that you probably heard from the Engineering Department. We will be dealing with that through the Engineering department. We are aware of the Wayne County requirement and the Wayne County permitting for the detention. We are already in the process with Wayne County to get it resolved, so whatever we need to do to make it meet all requirements. Mr. Wilshaw: You're going to deal with the items that were outlined in the letter from our Engineering Department? The naming of the community and everything? Mr. Baki: Yes. The community name I just came up with in two seconds as soon as you guys were talking about it. I can just name it Hines Grove and we are done. It's Hines Drive, Grove Road. I understand what their concern is. We just have to give it a little different. We will just add that, we will get it that way. I will pass it by Leo. Mr. Wilshaw: I just want to make sure there is no confusion. Mr. Baki: I just heard of it, but yeah, we will get it resolved. Not a problem. Mr. Wilshaw: Is there anything else you would like to tell us about this development before we proceed? Mr. Baki: No. Just that the homes will be almost like what we did on Arbor Road and Hix. It will be the same value pricewise. It could be above or even more because prices went up a little bit so it could be a little bit higher than the $250,0000 - $275,000 range at starting point. We will have square footage with the minimum that Leo sent with the site plan. Most of these envelopes will March 5, 2019 29014 accommodate up to 3,500 square foot houses. We don't have that problem between the ranches or colonials. They would just have to pick and choose. Mr. Wilshaw: Your planning on having a variety of type of homes to pick from? Mr. Baki: Yes. Mr. Wilshaw: How are you going to deal with the lots that are less than the 120 feet? Mr. Baki: I went through the City and there is a lot of it in the City. If you look at different subdivisions and equal the sac lots. Recently, if you guys are familiar with Adam Court, there is a site on Adam Court off of Plymouth Road, that is where I live. My house is on the front, but my house has that depth on the house itself. My house, the original, was like 42 feet and the garage is 26 feet. I attached it sideway. So, we do a sideway on it. That is for my house, but the third house in that subdivision is literally a colonial that sold for $360,000 was built on almost the same envelope. We have no problem accommodating these homes. You can make them deep or you can make them wide. We can accommodate either or. Mr. Wilshaw: It is just a different design on the house. Mr. Baki: That is all it is. We have plenty to choose from. As you guys know, between me and Leo, we have been doing it for 30 — 40 years. We have those designs. We have those plans that we have sold in the City. Mr. Wilshaw: Ok, very good. Excellent Mr. Baki. Do we have any questions for our Petitioner? I have Mr. Bongero first then Ms. Smiley. Mr. Bongero: Mr. Baki, we talked about it before. Both east and west sides are fenced in from the existing neighbors. On the east side specifically, there is a heavy grade cut there. Literally right up to there fence line. Your property is two to three feet higher than theirs and some of them have garage and shed structures almost to the fences and landscaping. If I understand correctly, the Engineering Department wants additional catch basins put in that back -lot line. Your going to be going down, I don't know how deep, but something is going to get disrupted in there, so what is your plan for the restoration? Mr. Baki: I have done it enough in the past where we lowered the grade to make sure like, we had mentioned to the neighbors on the first March 5, 2019 29015 petition we would lower the back grade on our property to accommodate the neighbors. We will leave a distant kind of buffer so we don't interfere with their .... as long they are within their easement of five or six feet away from their property line we aren't going to interfere with their buildings or their fencing. Mr. Bongero: I understand, but a couple of these lots, especially on the east side. Those garages and/or shed structures are literally up to the fence line. Mr. Baki: The neighbors you mean? Mr. Bongero: Yes. Not yours, the east neighbors. Mr. Baki: But we are higher than they are. Mr. Bongero: You are significantly higher. You're going to cut down. Mr. Baki: We are going to cut down. We will cut it down. Mr. Bongero: No, I understand, but if they are asking for more catch basins too? don't know the depth you're are going to have to dig down for that line, but I have to believe something is going to happen to those structures there. There is even landscaping against those fence lines, so something is going to have to be put in there for restoration in the even that something is disturbed. You know the neighbors are going to be calling for sure. Mr. Baki: 100 percent. We have dealt with that in the past on other developments, Mr. Taormina will say it too, that we always put a bond for developments. We all know that. We take pictures of everything before we start construction, then we start construction. Anything we affect with the neighboring property we will repair it. Mr. Bongero: That means like garages, foundations....? Mr. Baki: Anything that gets affected by us. We will repair it. Mr. Bongero: Ok. I just want to make sure. Mr. Baki: I understand. Like I said, not a problem. As long as this was documented that wasn't prior to us or somebody else did the damage. Mr. Bongero: Yes, I got ya. I just want to make that clear. Ok, thanks. March 5, 2019 29016 Mr. Wilshaw: Thank you, Mr. Bongero. Ms. Smiley is next I believe. Ms. Smiley: Do you want to talk to us about the out lots on Ann Arbor Trail? You're going to tear down some of them? Mr. Baki: We already did. There is one more house that is still sitting there, which is the one far west. The one far west was closer to the road. All of that area has to be cleaned up, 100 percent, nothing will be there when we start construction. Once the house becomes empty, because the lady still lives there. That house is coming down. Ms. Smiley: But your building houses on Ann Arbor Trail and you're also widening the road? Mr. Baki: No, we are not widening the road. What we are doing is, we are offering the land for free to the City of Livonia for a future widening of the road by the City, not by us. Ms. Smiley: Ok. Mr, Baki: We don't interfere with that. That is not ours. They can widen it at a future date if they get the funding. Ms. Smiley: ok, and they are not part of this subdivision? Mr. Baki: No, they are not. Ms. Smiley: But you are going to build houses on Ann Arbor Trail? Three or four? Mr. Baki: Three brand new ones and one existing with a garage. We are building the garage to make it compatible to the neighborhood. Ms. Smiley: So, you are going to update it....? Ok, I just wanted to confirm. Thank you, Mr. Baki. Thank you, Mr. Chairman. Mr. Wilshaw: Thank you, Ms. Smiley. Any other questions for our Petitioner? Mr, Long: Included in that construction that is going on, on Ann Arbor Trail, the sidewalk is being relocated as well correct? Mr. Baki: 100 percent, yes. Mr. Long: And with that and the clearing of the..... March 5, 2019 29017 Mr. Baki: That sidewalk will be done by us, not by the City, because that is part of our requirement with the new construction permit anyway, so we will do it at the same time after the homes are built. As each home gets built the sidewalks will get fixed. Mr. Long: This has been discussed several times at the Planning Commission. It is kind of a crazy corner, a dangerous area, so we think that that will actually improve the site lines and maybe improve the traffic flow along with visibility. Mr. Baki: Visibility is actually the most important part of that site. That old white house sits right in the vision where you cannot see coming west to east. Once that house is gone and some of those trees in the front, most of those are gone, you will see a lot better because everything will be back. The turn you can see it further down if somebody is backing up without getting to the last minute and stopping or hitting them. Mr. Long: That will be great. Thank you Mr. Wilshaw: Any other questions for our Petitioner? I don't' see any. Mr. Taormina, 1 just have one quick question and I believe this was mentioned in our Study meeting. As part of the rezoning process, I believe City Council has referred the issue of traffic to the Traffic Commission. Mr. Taormina: That is correct. Mr. Wilshaw: So, they are looking into the options available for Ann Arbor Trail and what may be done, including possibly widening the road, which Mr. Baki eluded to that they would be willing to give the property for? Mr. Taormina: Yes. The Traffic Commission did meet on February 14, 2019 to review this item. They are making a number of recommendations. That report will go to City Council I believe at their meeting next week. It does outline a number of improvements. There will mostly improvements related to signage. It mentions the sidewalk realignment. Also, a potential for d-cel lane. A significant amount of signage changes along that side of the curve will hopefully improve traffic safety and visibility. They went in depth on that and that report will be reviewed by Council at their meeting I believe on Monday evening. March 5, 2019 29018 Mr. Wilshaw: Thank you, Mr. Taormina. I know that is an issue that is really important for residents around there on this particular subject, so wanted to make sure we noted that. Thank you. Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or against this item? This is your opportunity. Good evening sir. Mike Wyler, 8892 Hanlon, my first question may not seem like it is related, but you will see why in a minute. Ms. McCue, I have a question for you. In regard to, unrelated to the Ann Arbor project. I couldn't help but notice in regard to the Seven Mile project you were reading from prior written notes. It seemed like you took into or you or the Board did not take into consideration any of the people that brought up anything about the wildlife or anything that they brought up. It seemed like it didn't matter. You had prewritten notes. I could tell you were reading. So, your decisions had already been made, no matter what the people had said. Is that true or not true? Mr. Wilshaw: Mr. Wyler, questions have to go to the Chairman, so you need to address your questions to me. What I will say is that when we give approving or denying, as I mentioned at the beginning of the meeting, when we give approving or denying resolutions those have been pre -written by our staff, based on our input that we gave at the study meeting. We have both approving and denying resolutions available, and we can modify them as we read them. That is what you heard her reading from. It is certainly all of our choice as we listen to citizen comments and we take them all very seriously and take them into consideration to address or not address individual specific things that are mentioned. Those are the choices we make. Mr. Wyler: But the decision had already been made no matter what these people had to say. Mr. Wilshaw: No, that is not correct. We are voting independently. We have not made any decision on this item, as well as any of the previous items. Again, we have a pre -written approving and denying resolution. Either one may be offered. Mr. Wyler: I didn't have time to stop at home and bring the paperwork with me. Last week, sorry, last meeting I presented a Freedom of Information and provided copies to everyone about the amount of accidents that are in this roughly two city, two and a half city block area. If I recall, there was a hundred, it was a hundred and three or a hundred and eleven accidents in that area within the last five years. The response from the Board and I forget who March 5, 2019 29019 responded to me, maybe it was yourself, that you would do your own study, your own Freedom of Information. What came of that? Mr. Wilshaw: As I just mentioned, that is one of the reasons why I asked Mr. Taormina to address the traffic concerns. Traffic concerns were mentioned at our last meeting. We heard that loud and clear and that issue was given to the Traffic Commission, which is another body in the city that specifically deals with traffic safety on city streets, including Ann Arbor Trail which is a city road. They are the professionals. They are the experts and they are making an assessment as to what things can be done to improve traffic safety in that area. They are presenting their recommendations to the City Council. That is going to happen here soon, in the next week or two. That is in their hands. Planning Commission's expertise is not in traffic safety. Mr. Wyler: Well then that leads me to my next question. Why wasn't this homework done six months ago? A year ago? Why is it being done now? Why did it take residents to go to get a Freedom of Information Act? This study should have been done ... your talking about doing it now. This should have been done six months ago before this property was even cleared. When this proposal was proposed... this land has already been cleared, don't know if any of you have been over there since they cleared that area, okay well they cleared trees and shrubbery growth far beyond what was necessary. It is turning into a swamp over there. This board is just now talking about getting into a traffic study which took me three days to get that information. You are just looking into it now? This is stuff that should have been —you should have been doing your homework six months ago or longer. Mr. Wilshaw: Mr. Wyler, traffic safety is not the responsibility of this board. We are not the ones studying it. It is being done by the Traffic Commission and City Council. Mr. Wyler: How are we moving forward with this subdivision with these questions not being answered? Now I have been to several of the meetings, and this is just a rough guess on my part. I don't have a number, but it seems like the residents, somewhere between 70 to 80% of the questions that the residents have asked this board have not had an answer for. Or it has been a limited answer, which tells us that you are not doing your homework, you're not doing your due diligence. That is what ticks us off. Like, how did we get to this? Ok? This isn't Chicago. I hope this is not Chicago. March 5, 2019 29020 Mr. Wilshaw: It certainly is not Mr. Wyler: Then how did we get to this point? When we already have homes going in and we still have all of these unanswered questions. Mr. Wilshaw: Well, we are at the point that we are looking at the site plan and determining if we want to approve this or deny this. That is the point we are at today and that is what we are going to vote on. We appreciate your comments, we certainly do out best to answer every question that is brought before us and we are doing the best we can do. We are a recommending body to the City Council. Ultimately, the City Council will make the decision on this item. Mr. Wyler: Just as a reminder, if my memory serves, there was a hundred three or a hundred eleven accidents in that section in five years. Mr. Wilshaw: Yes, thank you. We appreciate you reminding us of that. Anybody else wishing to speak on this item? Good evening sir. Bob Fenech, 8938 Hanlon, I am actually three houses north of Mike. On your schematic in the northwest corner of the cul-de-sac, third lot off of Ann Arbor trail. Mr. Wilshaw: Ok, thank you. Mr. Fenech: My questions/comments/requests are more parochial. I kind of came here looking for information. I will address them to you, but I am going to look that way a little bit because I believe I got one of my answers. So, the schematic helped a lot. My first question is, why do you call it a site condominium versus a subdivision? What is the difference? Can I get that here? Mr. Wilshaw: Yes. I will try to do this as quickly as I can. It is kind of a complicated subject, but subdivisions were built under a process in the law called platting. That is for a variety of reasons and it isn't done very often anymore. They are using the site condominium process, which has been used throughout most developments in Livonia for the last say 15 to 20 years. It is just a different process. It is a process that is a little easier to go through for the developer, for the city, and everyone involved. It also allows greater control for the city to say what kind of materials are used on the buildings, the appearances, the things like that. In a platted subdivision you are just looking at the fines of the lots. It is just a different process. It is basically going to be a subdivision. March 5, 2019 29021 Mr. Fenech: That helps. I wanted to see if you ruled out, and I think you have, over on Cowan Road, there is a small sub back in there, east of Wayne Road where the houses don't have mailboxes. There is a community center of mailboxes and the road is very narrow. It's not that? Mr. Wilshaw: No, they may do the common mailbox thing because the Postal service wants to do that these days, but it's still going try to still be a standard width road, with standard size lots, standard size houses. Mr. Fenech: That's cool. Now a little bit selfish here. I live up that way near the firing line. You know what I mean. There has been a lot of clear out. I have a pool and for a lot of reasons 1 have not been able to get those trees trimmed that are right on my fence line. So, I came here looking for a potential contact maybe? l have tried Leo Soave and he has a lot of phone numbers, but l never get a call back. Is there someone here maybe that would be good contact for me to talk about getting permission for some trimming and things like that? Mr. Wilshaw: Yes. Mr. Fenech: Can we do that before.... Mr. Wilshaw: Mr. Baki is the representative of Mr. Soave. I would certainly suggest that when this item is done that you two connect in the audience or somewhere in the lobby? He will definitely try to help you with that. Mr. Fenech: I appreciate that. What was said about deceleration lanes ... you know we are in that neighborhood and we get a lot of cyclists that use Ann Arbor Trail as a segway to get to Hines. Hines is the mecca of riding, right? The accidents, the close and near misses are significant. They built on the other side, the north side of Ann Arbor Trail and put in that deceleration or turning lane, things like that would help a lot. So, if you get the land, that's just a comment, right? Mr. Wilshaw: Right. Definitely. Mr. Fenech: That's pretty much what I had. I appreciate the answers. Mr. Wilshaw: Thank you and wish you luck on that deal with the trees. Thank you. Anyone else in the audience wishing to speak for or against this item? I don't see anyone else in the audience, so Mr. Baki is March 5, 2019 29022 there anything else you would like to say? We always like to give the Petitioner the last word. Mr. Baki; No, you guys covered it all. Everything has been said and what has to be done. Whatever trees he is talking about, if they are on his property it's fine. If it is on ours we will have to look and see because sometimes if they are too close to his property maybe that is why they didn't touch them, but I will talk to him and find out what is going on. Mr. Wilshaw: Alright, I appreciate that. I know Mr. Soave has a good reputation of working with neighbors on specific issues like that and I know you will do that for us so thank you. If there is no one else in the audience, I will go to the commission and ask for a motion. On a motion by Smiley, seconded by McCue, and unanimously adopted, it was #03-24-2019 RESOLVED, that City Planning Commission does hereby recommend to City Council that Petition 2019-01-08-04 submitted by Leo Soave 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, to develop a site condominium (Grove Court) consisting of seventeen (17) single- family homes at 34417 Ann Arbor Trail and 34391 Dover Avenue, located on the south side of Ann Arbor Trail between Norwich Avenue and Wayne Road in the Southwest % of Section 33, be approved, subject to the following conditions: That the condominium 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, and Article XX, Section 20.01-20.06 of Zoning Ordinance #543, and that all building and use restrictions shall incorporate the following requirements: a. That the first floor of each condominium unit shall be brick or stone, on all four (4) sides; b. That the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one- story dwellings; c. That all exterior chimneys shall be brick; 2. That the brick used in the construction of each condominium unit shall be full face four -inch (4") brick; March 5, 2019 29023 3. 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; 4. 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 right to impose liens on each lot owner's property pro rata and place said charges on their real estate tax 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; 5. That the Site Plan identified as Drawing No. C--02 dated October 20, 2018, prepared by National Consultants & Engineering L.L.C., is hereby approved and shall be adhered to; 6. That the Landscape Plan identified as LP-1 and the Landscape Notes & Details Plan identified as LP-2, both, dated January 16, 2019, prepared by Nagy Devlin Land Design, are hereby approved and shall be adhered to; 7. That the petitioner shall secure the necessary storm water management permits from the City of Livonia Engineering Division; 8. That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time permits are applied fo r; 9. That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; and 10. 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. March 5, 2019 29024 ITEM #4 APPROVAL OF MINUTES 1,137TH Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Mlinutes of the 1,137th Public Hearings and Regular Meeting held on February 19, 2019, All were present except Ms. Smiley. On a motion by Long, seconded by Bongero, and: unanimously adopted, it was #03-24-2019 RESOLVED, that the Minutes of 1,137th Public Hearings and Regular Meeting held by the Planning Commission on February 19, 2019, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES.- Long, Bongero,, McCue, Caramagno, Wilshaw NAYS: None ABSENT: Ventura ABSTAIN: Smiley Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, !seconded and unanimously adopted, the 1,138 th Public Hearings and Regular Meeting held on March 5, 2019, wasAdjourn!ed at 8:31 p.m. Effigff2ml rare ATTEST- Ian Wilshaw, Chairman agno, Secretary