Loading...
HomeMy WebLinkAboutPLANNING MINUTES 2019-04-23MINUTES OF THE 1,1415t PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, April 23, 2019, the City Planning Commission of the City of Livonia held its 1,141st 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 Peter Ventura Ian Wilshaw Members absent: None Mr. Mark Taormina, Planning Director, was also present. Chairman Wilshaw informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their filing. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2019-03-02-03 PLAYERS GOLF Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2019- 03-02-03 submitted by Players Golf & Event Center South requesting waiver use approval pursuant to Section 11.03(h) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with the operation of an indoor golf and Millionaire Party (Charity gaming) facility at 36115 Plymouth Road, located on the south side of Plymouth Road between Yale Avenue and Levan Road in the Northeast of Section 32. April 23, 2019 29071 Mr. Taormina: This is a waiver use petition requesting to utilize a Class C liquor license which would allow for the sale of beer, wine, and other spirits for consumption on the premises. This would be in connection with the operation of an indoor golf, and millionaire party charity gaming facility. This site is on the south side of the Plymouth Road between Yale and Levan Road. It is the site of the LA Plaza shopping center. The zoning on the site is C-2 (General Business). The site is roughly five acres in size, with about 480 feet of frontage along Plymouth Road with a depth of 380 feet. All together, this L-shaped shopping center is about 36,350 square feet in gross floor area. Most of the plazas off- street parking, as you can see with the aerial photograph, is located in the front yard between the building and Plymouth Road. The indoor recreational activities that are part of this petition are treated as a permitted use, pursuant to Section 11.02. A waiver use is needed for Players Golf and Event Center to operate the Class C Liquor license. You will recall in September 2018, the same petitioner received waiver use approval to operate a Class C license in connection with a similar facility that is located at the Philmar plaza, which is on the south side of Eight Mile, just west of Farmington Road. At this location, Players South, would occupy the unit that is located at the corner of the shopping center. This unit is about 5,400 square feet in total size. The floor plan shows two golf simulator bays. There will be a practice putting green, a banquet/event area, as well as a bar, restrooms, offices, storage, and utility room. The hours as indicated on the application would be between 11.00am and 1:00am. As with the other location, the golf simulators would be rented on an hourly basis. Players South would also host Millionaire parties, which are sanctioned and licensed by the Michigan Gaming Control Board. The Ordinance has a special requirement that specifies that a Class C license cannot be located any closer than 1,000 feet from any such other licensed business. Immediately to the east of this site is the former Kickers All --American Grille, which is also approved to operate a Class C liquor license. And even though Kickers is closed and the license is in escrow, efforts are currently underway to reactivate the license and for the restaurant to reopen under a new name. That license is within that 1,000-foot separation. Additionally, there is a license located at the northwest corner of Levan and Plymouth Road which is operated by the Time Out Bar and Grill. The distance between the two would be about 370 feet. Thus the 1,000 foot separation requirement is going to have to be waived by City Council, and because Players Golf and Event Center South would not be used primarily as a dining facility or restaurant, the approval by Council to waive this requirement is April23, 2019 29072 going to require a separate resolution in which 213 of the members concur. There would be no external modifications to the building. They are allowed one wall sign based on one square foot of area for each one foot of store frontage. Parking for the use is adequate at this location. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: There are six items of correspondence. The first item is from the Engineering Division, dated March 28, 2019, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced waiver use petition. We have no objections to the proposed project at this time. The existing parcel is assigned the range of addresses of #36083 thru #36175 Plymouth Road, with the address of #36163 Plymouth Road being assigned to the overall parcel. The legal description provided with the petition appears to be correct and should be used with the subject petition. The existing building is currently serviced by public sanitary, storm and water main. The information submitted does not indicate any new connections to the existing utility services, so it appears that there will not be any additional impacts to the existing systems at this time. Should alterations to the existing services be required, the owner will need to provide plans to this Department to determine if permits will be required. Should the owner do any work within the Plymouth Road right -of --way, they will need to contact the Michigan Department of Transportation (MDOT) for any permits that may be required."" The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated April 4, 2019, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for a waiver use approval to utilize a Class C liquor license in connection with the operation of an indoor golf facility on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Keith Bo, Fire Marshal. The third letter is from the Division of Police, dated April 10, 2019, which reads as follows: "I have reviewed the plans in connection with the petition. I have no objections to the proposal."The letter is signed by Brian Leigh, Sergeant, Traffic Bureau. The fourth letter is from the Finance Department, dated March 28, 2019, which reads as follows: "1 have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, 1 have no objections to the proposal." The letter is signed by Coline Coleman, Chief Accountant. The fifth letter is from the Treasurer's Department, dated April 16, 2019, April 23, 2019 29073 which reads as follows: "in accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted petition. At this time, there are no outstanding amounts receivable for taxes. Therefore, I have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. Additionally there is another letter from the Division of Police, dated April 12, 2019, which reads as follows: "We reviewed the plans submitted by Players Golf & Event Center South requesting waiver use approval pursuant to Section 11.03 (h) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on premises) in connection with the operation of an indoor golf facility at 36115 Plymouth Road, located on the south side of Plymouth between Yale Avenue and Levan Road in the northeast quarter of Section 32. After conferring with the Chief of Police, we have identified the following issues for consideration. Kicker's American Grill, located at 36071 Plymouth Road, is immediately adjacent to the proposed site and currently has a Class C liquor license pending with the Michigan Liquor Control Commission. The Time Out Bar & Grill, located at 36480 Plymouth Road, which holds an active Class C liquor license, is well within the one thousand (1,000) foot separation requirement distance of the proposed site. Also, we have concerns with the close proximity to the residential environment directly south of the proposed site. We ask that City Council give significant consideration for approval or denial of this waiver use request. "The letter is signed by Jeffrey Ronayne, on behalf of the Chief of Police. Jeff is with the Special Services Bureau. Mr. Wilshaw: Are there any questions of the Planning Director? Ms. Smiley: Regarding that letter from the Police, their main concern is that it is close to a couple other bars? We haven't had any trouble or any incidents or problems at the other site? Any correspondence regarding any of that? Mr. Taormina 1 am not aware of any police matters involving either of the two properties that were referenced if that is what you are asking? There are two issues: the proximity to the other licensed establishments and as well as the proximity to the residential neighborhood to the south. Ms. Smiley: Ok, thank you. Mr. Bongero: Did either Kickers or Time Out have to get a variance for the 1000 feet? April 23, 2019 29074 Mr. Taormina Kickers goes back far enough that I cannot remember. Time Out Bar and Grill secured its license since I have been here and that rule has not changed. So I can only assume that when Time Out obtained its license that it had to be waived by Council because of the distance between them and Kickers, yes. Mr. Bongero: Ok. Mr. Wilshaw: Any other questions? Our petitioner is here this evening. We will need your name and address for the record please. Mark Skrelja, Players Golf & Event Center South, 36115 Plymouth, Livonia, MI 48150, we did this around eight to nine months ago at the north end of Livonia and had another opportunity to open up another one. I guess it is getting labeled more for the millionaire parties, which we didn't want it labeled that way, but we are doing millionaire parties in there four days a week. This location on Plymouth we have connected with a comedian that does charity comic nights where he will get with non- profit organizations and they will sell 75 tickets and he gets half. They rent the room from us and then the charity gets half of the sales of the tickets. We are trying to do that. This comedian has a pretty good following, I guess. It would be something that would work out for us for the days that we aren't doing the millionaire parties. A lot of the millionaire parties that we have done and are doing, oddly enough, the firefighters that are booked with us, the elementary schools, the booster clubs at the high schools, so it's not altogether a bad thing. We were a little leery of partnering up with them in the beginning, but it's been great for us. Hence, we are trying to take advantage of another opportunity in Livonia. We were looking at a bunch of different properties but we wanted to stay in Livonia, and we wanted to stay a decent amount away from the other location, but close enough ... we have been booked steady with the golf and we only have two simulator bays over there so having two more, five miles away, might work to our benefit. Mr. Wilshaw: Any questions for our petitioner? Mr. Ventura: Can you give us an idea of the breakdown between the millionaire parties and the golf? Skrelja: At our current location we are mandated by the state that we are only allowed to have a charity in there only four days a week. For golf, in the winter we are open seven days a week. As the summer approaches, we are on summer hours where our golf is closed on Monday's and Tuesday's, but we still offer golf every April 23, 2019 29075 other day. The liquor portion of our business, believe it or not, is probably about 85% geared toward the golfers. The golfers are the ones that want to come in and have a pitcher of beer when they are there for three hours playing golf. People don't believe it, but most of our sales are beer. It is not a destination, per se, like Time Out Bar where somebody is going to come in and just drink. We did our research with our first one. People who have indoor facilities, all of them have liquor licenses where they can offer a beer to the golfers. That is what we researched and that is what we followed. Selling beers to the golfers is what is going to strive our golf a bit more, being able to offer.... Ms. McCue: Being able to rent it out on Super Bowl Sunday. Skrelja: We rented it to a really big party for Super Bowl Sunday. They rented the whole place. All the poker stuff comes out. People rented it out for a twelve -year -old birthday party, the golf simulators. We have done more than just the millionaire parties, but honestly the millionaire parties are great because it helps us with overhead and pay the rent. It's a good thing. We haven't had any incidents. The police have never been called there We haven't had any disturbances. Our Farmington and Eight location, we are right next door to Lim Star Chinese Food and we allow them to bring in carry-out's. They can eat in there. We plan on doing the same with the Coney Island that is on the South side. About three doors down from us there is a coney island that we would allow.... actually we already spoke with Vito. Mr. Ventura: Is the same people that operate your charity events in your north location going to operate them in the south location? Skrelja: Yes. Actually tonight is the supplier.....we deal directly with the charities but the supplier that the charities deal with is the same supplier that we use at the Eight Mile location. They are moving their location at Wintergarden and tonight is the last night for the Wintergarden location. That is at Seven Mile and Farmington. They are closing that one down and they are going to use our new facility for the charity. Ms. Smiley: Mr. Ventura asked the questions. I am all set. Thank you. Mr. Wilshaw: Any other questions for our petitioner? Mr. Bongero: In the event that you get this approved and get the license, are you anticipating hiring staff... bartenders, other staff? April23, 2019 29076 Skrelja: Oh yeah. We have hired at our other location, which is about 2000 square feet smaller, we have hired almost 10 people. We have hired people on the golf side, servers, bartenders. We have a golf manager that is a golf professional. He works at Western Country Club as a golf pro. He is probably going to run both of the golf sides for us, as far as advertising and golf leagues. We do have golf leagues in the winter at the north location and plan on doing the exact same thing at the south location. Mr. Wilshaw: Any other questions? Mr. Caramagno: What are your hours? Skrelja: Our hours will be the same as the other location, so they will be from 11:00am to 1:00am. Those hours will change during the golf season. We will probably close two days a week. Right now, at the other location we are closed on Monday's and Tuesday's. Those seem to be the slower days. We have groupons out and people are still buying groupons. Mr. Caramagno: Your open seven days a week to one o'clock in the morning? Skrelja: No, we are closed on Monday and Tuesday completely. Then Wednesday through Sunday we are open from 11:00am to 1:00am. Sundays we close at 9:00pm. Those hours will change in the winter, we are going to be open longer because the demand for golf is a lot higher. Mr. Caramagno: When you say longer, earlier in the day not later at night? Skrelja: No, we will open at gam as opposed to 11 am. Mr. Caramagno: 1 don't know if it was someone on this panel or not, but they had mentioned that they came by your place on Eight Mile and there were cigarette butts and all kinds of things thrown all over the floor as people go out for a breaks and they throw them out on the sidewalks and in the parking lot. What do you have in place to clean that up? I think someone here may have said that. Skrelja: I don't know. Right now, we have the staff there to clean it up but we also have sand ashtrays outside for people to put their cigarette butts out. I didn't know it was a problem. I go in there almost every day. I didn't see them if they were there. There are ashtrays outside because obviously people smoke, and they have to go outside. So, we do have ashtrays outside to help with that. The only other thing is that the manager goes out April 23, 2019 29077 there and cleans it up. We put trash cans out there because the shopping center doesn't supply trash cans on the north side. The south location, they actually supply trash cans. They have a maintenance guy that comes around and empties the trash cans in the parking lot and things like that. The north location does not so we kind of do that on our own. Mr. Caramagno: The location on Plymouth Road.....the people smoke and go outside and talk and take a break to get fresh air. Is it only on the front side of the building that they do that? Can they do that in the alley behind? Skrelja: They can't do that behind, only in the front. Actually, at our other place we have a security system that an alarm activates if the back door is opened. Mr. Caramagno: Thank you. Mr. Wilshaw:: Any other questions for our petitioner? Mr. Skrelja, just a follow up question. I didn't know if I heard you correctly while answering Mr. Ventura's question about the percentage of your sales that are actually golf vs the millionaire parties. Do you have a general idea of the figure? Skrelja: For the alcohol sales? Mr. Wilshaw: Just general sales between the golf and the millionaire parties. Skrelja: We are capped out at what we can charge charities by the Gaming Commission. We can only charge charities $240 a day. If you break it down into percentages that way, it is 75/25 compared to ....maybe even higher on the golf end because we charge after 3pm $45 per hour to play golf. As far as liquor sales, we thought we would do a lot better with the guys playing charity poker, but we were surprised that most of the sales come from the golf side. Seems like those guys are zoned into playing poker. They may have a beer before but the golf guys, there are six guys and they have three or four pitchers of beer between six guys over three hours. —so sales are much better on the golf end for us. Mr. Wilshaw:; Typically, how long do your guests stay when they either come to play golf or poker? Skrelja: It varies. If it is a big group, it depends. If it is a group of twelve guys that rent both bays and they stay five or six hours ....the poker players, I am not sure. I come and go throughout the day April 23, 2019 29078 and I may see a guy there at 1 pm and I come back at 8pm and he might still be there playing poker. Sometimes there is a state mandate where they have to stop and not allowed to play from seven to eight or something. The guys will leave and not come back, and then new guys come at 8 or whatever. There are a lot of rules and regulations that the charities have to deal with as far as they are only allowed to sell so many chips. Sometimes guys will hunker down at a table for 10 hours, but the golf guys depend .... one guy comes in with a groupon and plays two hours everyday by himself. The big groups, like I said, rent both bays and they stay for six hours. Mr. Wilshaw:: If there are no other questions from the Commission I think we can go to the audience. Is there anyone in the audience that wishes to speak either for or against this item? I don't see anyone coming forward, so with that I will close the public hearing and I will give you another opportunity to speak. Skrelja: That's it. Mr. Wilshaw:: With that a motion will be in order. On a motion by Ventura, seconded by Smiley, and unanimously adopted, it was #04-34-2019 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 23, 2019, on Petition 2019-03-02-03 submitted by Players Golf & Event Center South requesting waiver use approval pursuant to Section 11.03(h) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with the operation of an indoor golf and Millionaire Party (Charity gaming) facility at 36115 Plymouth Road, located on the south side of Plymouth Road between Yale Avenue and Levan Road in the Northeast Y of Section 32, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2019-03-02-03 be approved subject to the following conditions: That the use of a Class C liquor license at this location is subject to City Council waiving the 1,000-foot separation requirement from existing Class C-licensed businesses per Sections 10.030)(2) and 19.06(1) of Zoning Ordinance No. 543, as amended; 2. That the subject site has the capacity to accommodate the proposed Class C license; April23, 2019 29079 3. That the proposed use of a Class C license is compatible to and in harmony with the surrounding uses in the area, 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 permit is obtained, this approval shall be null and void at the expiration of said period. FURTHER, the Planning Commission recommends the approval of a Conditional Agreement limiting this waiver use to this user only, with the provision to extend this waiver use approval to a new user only upon approval of the new user by the City Council; and 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. Wlshaw: Is there any discussion? Skrelja: if you guys go and look at our reviews for our north location, we have all kinds of reviews on there. They are mainly about the golf side. What we have come to find out is that the charities have a following of these guys that support their charities and play. They don't do any sort of reviews or anything, but we have had a lot of great feedback for our golf portion. You can Google it and check out the reviews. Mr. Wilshaw: It is always good to see a successful business. Thank you. With that we will go on to our miscellaneous section of our agenda, item #2. ITEM #2 PETITION 2019-04-GB-01 PLYMOUTH WOODS Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2019- 04-GB-01 submitted by Plymouth Woods Apartments, LLC requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18.45 of the Zoning Ordinance for the apartment complex at 38001 Plymouth Road, located on the south side of Plymouth Road between Newburgh and Eckles Roads in the Southwest'/4 of Section 30. Mr. Taormina: This is a request to substitute a greenbelt for a required protective wall. In this case, it involves the Plymouth Woods Apartments on the south side of Plymouth Road between Newburgh and Eckles April23, 2019 29080 Road. Plymouth Woods, as you can see from the zoning map, is zoned R-8 (Multi -family residential). This development was constructed in 1988 and it consists of approximately 9 buildings and 156 apartment units. The zoning ordinance stipulates that wherever a multi -family housing borders single-family housing a protective wall is required along the boundary lines that separate those uses, and that wall must be between five and seven feet in height. In the case of Plymouth Woods, single-family zoning abuts the site in three locations. To the east is the Heart Subdivision, zoned R-2 and to the west is Adams Court Site Condominiums zoned R-1. As you can see near the middle of the sites frontage along Plymouth Road there is a single-family residential home at 38619 Plymouth Road. It is zoned RUF and the complex surrounds this site on three sides. Both of the residential districts to the east and west are separated from the apartments with a five-foot high wall. However, there is no wall surrounding the property at 38619 Plymouth Road. In 1988, following the approval of the site plan for the development, the Zoning Board of Appeals granted a temporary variance to the owners of the apartment complex to forgo the construction of that protective wall where the site abuts the single-family residential home. The variance was good for a period of three years. Along the west side of the property there is an apartment building. It is the rear of the apartment building that abuts the side yard of this residential property. The distance between the structures is about 90 feet. The same thing exists along the south side, where the distance at the closest point between the existing home and the apartment buildings is about 120 feet. On the east side, where the garage to the house is located, it abuts the main entrance drive going in to the complex from Plymouth Road. The distance from the garage and that drive is about 55 feet. Rather than seeking a continuous extension of the variance from the Zoning Board of Appeals, or approvals by the homeowner, the owners of the apartment complex are now requesting that the existing greenbelt that exists between the properties, be permanently substituted for the protective wall. The ordinance requires that the greenbelt has to be at least 10 feet in width. This is met. On all three sides the greenbelt on the apartment complex property is more that 10 feet in width along the west side. The boundary is about 325 feet in length and is about 150 feet in length along the eastern boundary and 300 feet along the southern boundary. There are several plant materials located here: junipers, pine trees, maple trees, burning bushes, as well as Japanese ewes. The greenbelt here is also fully irrigated. It is out understanding that the owner of the property is also supportive of the greenbelt substitution. With that Mr. Chairman, I would be happy to read out the correspondence. April 23, 2019 29081 Mr. Wilshaw: Yes please. Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated April 8, 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 project at this time. The existing parcel is assigned the address of #38001 Plymouth Road for the overall parcel, with the addresses of #11470 - #11706 Plymouth Woods Drive assigned to the individual units within the condominium property. The existing building is currently serviced by public sanitary, storm and water main. The information submitted does not indicate any new connections to the existing utility services, so it appears that there will not be any additional impacts to the existing systems at this time. Should alterations to the existing services be required, the owner will need to provide plans to this Department to determine if permits will be required. Should the owner do any work within the Plymouth Road right -of --way, they will need to contact the Wayne County Department of Public Services for any permits that may be required." The letter is signed by David Lear, P.E., Assistant City Engineer. The second letter is from the Treasurer's Department, dated April 16, 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 outstanding amounts receivable for taxes. Therefore, 1 have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. The third letter is from the Finance Department, dated April 9, 2019, which reads as follows: "1 have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, 1 have no objections to the proposal."The letter is signed by Coline Coleman, Chief Accountant. That is the extent of the correspondence. Mr. Wilshaw: Do we have any questions for our planning staff? I don't see any. The petitioner's representative is here. Good evening sir. Steve Perlman, 21 East Long Lake, Bloomfield Hills, MI, we actually built the property back in the late 80's and have owned it since. Mr. Wilshaw: Thank you, Mr. Perlman. Is there anything else you would like to add from what you have already heard? Perlman: Mark already covered it. We have had this, like he said, and have gotten variances every time. We recently just got another one April 23, 2019 29082 because we refinanced the property, so we just came to the conclusion that instead of doing this every four to five years, we just want to make this permanent. The plantings we have there, as Mark pointed out, have greater depth than what is required, plus it is very mature plantings since it has been there for close to 30 years. It is maintained, so I think that is why the homeowner always signed off. I think to him it is even more attractive and beneficial than a wall. Mr. Wilshaw: Thank you, Mr. Perlman. Do we have any questions for the petitioner? I don't see any. Anyone in the audience wishing to speak for or against this item? No one coming forward. Thank you, Mr. Perlman for coming. We will go to the commission and look for a motion. On a motion by McCue, seconded by Long, and unanimously adopted, it was #04-35-2019 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2019-04-GB-01 submitted by Plymouth Woods Apartments, LLC requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18.45 of the Zoning Ordinance for the apartment complex at 38001 Plymouth Road, located on the south side of Plymouth Road between Newburgh and Eckles Roads in the Southwest'/4 of Section 30, be approved subject to the following conditions: 1. That the landscaped greenbelts along the three (3) property lines that separate the apartment complex from the residential home at 38619 Plymouth Road, as shown in the packet received by the Planning Commission on April 3, 2019, is hereby accepted and shall be substituted for the protective wall required by Section 18.45 of the Zoning Ordinance; 2. That the Planning and Inspection Departments shall conduct an on -site inspection of the greenbelts to determine what plant materials are dead or dying and require immediate replacement. All planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; and 3. That any change of circumstances in the area containing the greenbelts resulting in a diminution of the greenbelt's April23, 2019 29083 effectiveness as a protective 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. 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 2019-03-02-02 LEO SOAVE BUILDING Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2019- 03-02-02 submitted by Leo Soave Building Inc. requesting special waiver use approval pursuant to Sections 20.01 and 20.02A of the City of Livonia Zoning Ordinance #543, as amended, to develop a Planned Residential Development under the Single -Family Clustering option (Capri Court), consisting of seventeen (17) site condominium lots, on properties at 20209, 20219, 20225, 20235 and 20307 Farmington Road, located on the west side of Farmington Road between Norfolk Avenue and Eight Mile Road in the Northeast 1/4 of Section 4. Mr. Wilshaw: This item was tabled at our last meeting. Is there a motion to remove this item from the table? On a motion by Smiley, seconded by McCue, and unanimously adopted, it was #04-36-2019 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 9, 2019, on Petition 2019-03-02-02 submitted by Leo Soave Building Inc. requesting special waiver use approval pursuant to Sections 20.01 and 20.02A of the City of Livonia Zoning Ordinance #543, as amended, to develop a Planned Residential Development under the Single -Family Clustering option (Capri Court), consisting of seventeen (17) site condominium lots, on properties at 20209, 20219, 20225, 20235 and 20307 Farmington Road, located on the west side of Farmington Road between Norfolk Avenue and Eight Mile Road in the Northeast '/ of Section 4, the Planning Commission does hereby remove this item from the table. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Wilshaw: Mr. Taormina, do we have any updates from our previous meeting? April 23, 2019 29084 Mr. Taormina: Yes, we do. I'm going to briefly describe the changes on the plan from the previous submittal. As was noted in the description of the item, it was originally for 17 site condominium lots plus one acreage parcel. Following the study meeting last week, the applicant made the decision to remove one of the site condominium lots. The lot was removed from the north side of the proposed street, reducing the number of site condo lots by one. So now there would be a total of 17 homesites, including 16 site condominium lots and one acreage parcel. I'll note that the plan is mislabeled. It still shows Lot 17 in the southeast corner. That should say Lot 16. The effect of the change was to reduce one lot which increases the widths of several of the lots located on the north side of the road. Lots 2 through 9 which were previously shown being 50 feet in width will now be 58 feet in width. The corner lot, which is Lot 1 on the plan, would remain at 70 feet in width and the other in the northwest corner, Lot 10 as identified on the plan, was reduced from 80 feet to 66 feet. Really, all other aspects of the plan remain unchanged other than the elimination of that lot and the increase in the widths of the other lots. Mr. Wilshaw: Thank you, Mr. Taormina. We don't have any new correspondence. Do we have any questions of the Planning Director? Hearing no questions, Mr. Baki is here representing the petitioner. Sam Baki, 38901 Plymouth Road, Livonia, Michigan 48150. Good evening. As Mr. Taormina mentioned, after all the meetings we had with the Commission, the big boss decided to agree with some of the concerns and do the modification. That was his call. As Mr. Taormina just mentioned, now we're down to 17 total. The smallest lots are 58 feet wide instead, by 120 still. Both lots on the east, the out lot and first lot are 70, then you have the 68, and the south side is still 70 all the way across. As mentioned too at the meeting if guys recall, like with what Mr. Soave said, the out lot is going to be part of the Association, and it's not going to face Farmington Road. It is going to face the new street. Mr. Wilshaw: Okay. I appreciate your update, Mr. Baki. Do we have any questions for our petitioner? Ms. Smiley: Not really a question, more of a thank you very much. I personally really appreciate how much better that looks to me. Mr. Baki: I understand. Thanks for the assistance. Ms. Smiley: How nice of you to put it that way. April 23, 2019 29085 Mr. Baki: Well, listen. I've been doing this for almost 30 years. A lot of you guys know that. And we have done that between ... I've had a development that was 100 percent changed by the Council at the last minute, the Navin Oaks Condominiums, because it was a straight street, and Mr. Taylor says, hey, why don't you do it this way? No problem. It's just a modification. We just have to listen. Ms. Smiley: And this is a much nicer looking neighborhood to me, and I appreciate that fast lot being a part of the subdivision. Mr. Baki: Yes, definitely. Ms. Smiley: Thank you. Mr. Bongero: Sam, I just wanted to say it was impressive. Leo brought out the whole team last week, engineers, everybody, and put everybody's fears to rest and assured everybody and then you guys have totally tried to accommodate every request. I think it looks really good. Mr. Baki: Thank you. Mr. Wilshaw: Normally, we don't have audience communication for pending items. Is there anybody in the audience that wishes to speak on this item? Are there any objections? Ms. Smiley: No objection from me. Todd Salo, 33524 Norfolk, Livonia, Michigan 48152. 1 just want to echo my thanks to Mr. Soave. I appreciate his flexibility and offer my thank you to the Commission for your feedback and input from the meeting two weeks ago. Obviously, I think it's an improved plan and would ask for your support. Mr. Wilshaw: Thank you, Mr. Salo. If there are no more questions or comments, will look for a motion. On a motion by Smiley, seconded by Bongero, and unanimously adopted, it was #04-37-2019 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 9, 2019 and April 23, 2019, on Petition 2019-03-02-02 submitted by Leo Soave Building Inc. requesting special waiver use approval pursuant to Sections 20.01 and 20.02A of the City of Livonia Zoning Ordinance #543, as amended, to develop a Planned Residential Development under the Single -Family Clustering option (Capri Court), consisting of sixteen (16) site condominium lots, on April23, 2019 29086 properties at 20209, 20219, 20225, 20235 and 20307 Farmington Road, located on the west side of Farmington Road between Norfolk Avenue and Eight Mile Road in the Northeast 1/4 of Section 4, which property is zoned RUF and is in the process of being rezoned to R-1, the Planning Commission does hereby recommend to the City Council that Petition 2019-03-02-02 be approved subject to the following conditions: That the Master Deed and bylaws complies with the requirements of Article XX, Section 20.01-20.06 of Zoning Ordinance #543, as amended, and the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinances, subject to the following modifications and exceptions: o that the first floor of each condominium unit shall be brick or stone on all four (4) sides and 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; o that the minimum floor area for each dwelling shall not be less than 1,300 square feet; o that all exterior chimneys shall be brick; 2. That the Preliminary Site & Utilities Plan identified as Drawing No. C-02, prepared by National Consultants and Engineering L.L.C., as received by the Planning Commission on April 17, 2019, is hereby approved and shall be adhered to; 3. That the Landscape Planting Plan and Landscape Notes and Details identified as LP-1 and LP--2, respectively, both dated February 28, 2019, prepared by Nagy Devlin Land Design, are hereby approved and shall be adhered to; 4. That streetlights and sidewalks shall be installed throughout the development to the satisfaction of the Engineering Department; 5. 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 the petitioner shall comply with the Zoning Ordinance requirements; April 23, 2019 29087 6. 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 detentionlretention and outlet facilities; 7. 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; 8. That the petitioner shall secure the necessary storm water management permits from the City of Livonia Engineering Division; 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. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw: Is there any discussion? Mr. Taormina: If we could just correct the very first part of the motion indicating that it is 16 site condominium units. Those are the units actually described as part of the site condominium. And then also related to Condition 1, the first bullet point, we indicate the 80 percent requirement for brick that would apply to the ranches. We forgot to add the 65 percent that would apply to two -stories. Ms. Smiley: So it's 16 even though he's including that other one? Mr. Wilshaw: It will be included as part of the Condominium Association, but it is a separate lot. April23, 2019 29088 Mr. Taormina: Correct. Mr. Wilshaw: Ms. Smiley, are you okay with that? Mr. Bongero, are you okay with that? Ms. Smiley: Yes. Mr, Bongero: Yes. Mr. Wilshaw: Mr. Taormina, is the date correct for the amended plan of April 17? Mr. Taormina: That is correct. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 APPROVAL OF MINUTES 1,140TH Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,140th Public Hearings and Regular Meeting held on April 9, 2019. On a motion by Long, seconded by McCue, and unanimously adopted, it was #04-38-2019 RESOLVED, that the Minutes of 1,140th Public Hearings and Regular Meeting held by the Planning Commission on April 9, 2019, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Long, McCue, Wilshaw NAYS: None ABSENT: None ABSTAIN: Ventura Bongero, Smiley, Caramagno, Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. April 23, 2019 29089 On a motion duly made, seconded and unanimously adopted, the 1,141st Public Hearings and Regular Meeting held on April 23, 2019, was Aourned at 7:50 pmi. ATTEST Ian Wilshaw, Chairman Siam CaNpagno, Sec