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HomeMy WebLinkAbout1,178 - November 9, 2021 signedMINUTES OF THE 1,178th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, November 9, 2021, the City Planning Commission of the City of Livonia held its 1,178th Public Hearing 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 p.m. Members present: David Bongero Sam Caramagno Glen Long Carol Smiley Peter Ventura Ian Wilshaw Members absent: Betsy McCue 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 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 2021-09-02-19 Livonia Gas Mart Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2021- 09-02-19 submitted by Livonia Gas Mart requesting waiver use approval pursuant to Sections 6.06 and 6.26 of the Livonia Vision 21 Zoning Ordinance to construct an addition and remodel the interior and exterior of the existing gas station (Mobil) at 31301 Plymouth Road, located on the southeast corner of Plymouth and Merriman Roads in the Northwest % of Section 35. November 9, 2021 30250 Mr. Taormina: This is a request to renovate and expand an existing Mobil gas station that is at the southeast corner of Plymouth and Merriman Roads. As you can see from the map, the property is zoned C-2 (General Business). The site measures 175 feet along Plymouth Road and 175 feet along Merriman Road, for a total land area of 30,625 square feet. The existing one-story gas station totals roughly 2,050 square feet with the building positioned near the center of the property. There are two separate fuel pump islands with overhead canopies. One in on the north side of the building and it contains two sets of fuels pumps. The other only contains one fuel pump and is located on the west side, adjacent to Merriman Road. Along with the operation of the gas station, this facility also functions as a auto repair business. The building is currently equipped with three service bays. Extending across the south side of the property is a 35-foot-wide strip of lawn. There are four driveways that provide ingress and egress to the site. Two of those driveways are on Plymouth Road, while the other two are on Merriman Road. The plan is to convert the existing service bays that are located on the east side of the building to a larger convenience store and then construct the new service bay on the south side of the building. The service bay addition would be one-story in height to match the existing height of the building and would total 578 square feet. This would increase the total floor area of the building to just over 3,000 square feet. The required building setback is 60 feet from the right-of-way of any major road. The existing gas station is located approximately 75 feet from Plymouth and 64 feet from Merriman. The addition would match the setback of the existing building from Merriman Road and would also be 35 feet from the south property line and 65 feet from the east property line. Thus, all of the building setbacks would be met. The new floor plan shows the service bays being replaced with a large display and sales area, as well as a walk-in cooler, single restroom, and a customer service counter. The new garage addition would measure 20 feet by 50 feet, which is slightly longer than the existing building, and would contain overhead doors at both the east and west ends. The interior layout of the garage is not shown, other than a service counter, but would easily be large enough to accommodate two vehicles. In terms of the exterior, the finish of the existing building is mostly face brick, which would be retained. New brick would be added that would match the existing brick and that is shown for the addition. The roofline is flat and would be finished with a continuous E.I.F.S. corner or molding, along with four brick covered corner posts. Each would be topped with an E.I.F.S. crown. The new storefront windows would be installed along the east side of the building. There are no other site improvements, with one exception. There would be a new masonry dumpster November 9, 2021 30251 enclosure. That is shown in the southeast corner of the existing parking lot. Otherwise, no improvements to the landscaping, the driveways, the canopy setup... all of that would remain the same. Parking for this site is adequate. Required are 10 parking spaces. The site plan shows 13 striped parking spaces. We have not reviewed the proposal in terms of signage, as none is shown on this set of plans. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: The first item is from the Engineering Division, dated October 4, 2021, which reads as follows: `In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed waiver use at this time. The parcel is assigned the address of #31301 Plymouth Road. The existing building is currently serviced by public water main and sanitary sewer, as well as private storm sewer. The submitted drawings do not indicate any modifications to the existing leads, and we do not believe there will be any further impacts to the existing systems. Should relocation of services be required to complete the project, detailed drawings should be submitted to this Department to determine if permits will be required. It should be noted that the developer may be required to obtain a permit from Wayne County or MOOT, should any work occur within the Merriman Road or Plymouth Road right-of- way's." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated October 5,.2021, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to renovate a commercial building on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated October 5, 2021, 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 Scott Sczepanski, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated October 12, 2021, which reads as follows: " Pursuant to your request, the above referenced Petition has been reviewed. 1. The restroom shall be accessible to the public 2. Signage has not been reviewed at this time and shall be conforming. This Department has no further objections to this Petition." The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Finance Department, dated October 1, 2021, which reads as follows: "I have reviewed the addresses connected with the above noted petition. As there are no November 9, 2021 30252 outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated October 8, 2021, 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. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? : Is the petitioner here this evening? We will need your name and address for the record please. Is there anything you would like to add to what has been already described to us? Mousaika Issa, 23390 Carlisle Street, Dearborn, MI 48124. We are just trying to improve the store and the area over at the Plymouth and Merriman Road and make it more convenient to our community and the elderly and make it easier for everyone to be on out there as quickly as possible. Continue to serve the community with the oil change that was there for the auto repair. So, we are just trying to improve it and make it more convenient to the community and the elderly. Mr. Wilshaw: Okay. Let's see if we have any questions from any of our commissioners for you. Are there any questions for our petitioner? Mr. Ventura: Can you...l understand from the write-up that you are going from three service bays to two service bays, is that correct? Ms.lssa: Correct. Mr. Ventura: What kind of service do you provide there? Can you tell us about that? Ms. Issa: We do just the minor mechanical oil change. AT. Ventura: Just oil change? Ms. Issa: Yeah, we are maintaining whatever it was and we are keeping it all the same. AT. Ventura: So, are you new owners of this? November 9, 2021 30253 Ms. Issa: We took over the station over three years ago. We decided that we want to improve it. Mr. Ventura: We are happy to see that. Ms. Issa: Thank you. Mr. Ventura: Thank you. Mr. Wilshaw: Thank you, Mr. Ventura. Any other questions for our petitioner? Mr. Caramagno: I noticed a lot of debris and things stored outside when I was there. It was probably about two weeks ago now, a week and a half. What is the plan to get rid of the old tires and all of the stuff laying on the ground in the southeast side of the building? Ms. Issa We are going to be removing every debris you see there and everything that is not supposed to be there at the time. We have a storage place that we took over that we are able to store this. Mr. Caramagno: Is there a reason why you keep it on site now? Just throw it on the ground outside. Is there a reason you don't take care of it before coming here or in the last three years? Ms. Issa: Why it's there? Mr. Caramagno: Yeah, why it is there. Ms. Issa: It is the people that were running our mechanic shop. They weren't taking care of it properly, so we are just trying to get everything fixed right now and get everything better and make things better for everyone. Mr. Caramagno: I agree with what you are saying. I agree with what you told Pete about how you want to improve the station. I think that is a great thing. It needs improvement bad. As I look at the parking lot, it is in disarray. Is there any plans to refurbish or fix the parking lot? Ms. Issa: When we do the update for the building, we should be fixing the parking lot as well while doing the construction. Mr. Caramagno: Mark, does that show up in the plan? That they are going to do some work on the lot? Mr. Taormina: No, it just shows it as the existing lot. So, that would have to be something added to the resolution. November 9, 2021 30254 Mr. Caramagno: Mark, you may have to answer... Ms. Issa I was asked that we have to add more parking. That is what we had in the plans. Mr. Caramagno: I think Mark said that your parking meets the requirements. Mr. Wilshaw: Mr. Taormina, do you recall if the parking is adequate currently? Mr. Taormina: Parking is adequate. They are not showing increasing the parking on the site that I am aware of. So, no new spaces are being provided and our calculations show that parking is met. Part of the issue is how many cars they store overnight. How many cars are being serviced are in the parking lot as opposed to being available for customers and employees. Technically they meet the minimum requirements as long as they keep the majority of the spaces available for customers and employees. Mr. Wilshaw: Okay. Ms. Issa: We shall. Mr. Caramagno: I didn't see any landscaping. Are there any plans to improve or do anything with the landscape here? Ms. Issa Not at the moment. We are going to do it step by step. Mr. Caramagno: Mark, should they have a landscape plan? Mr. Taormina: We indicated that they are not proposing any changes to the existing landscaping. They are proposing only the addition, the dumpster, and the exterior modifications. There are no plans to upgrade the landscaping on site at this time. Mohamad Naserdean, son of the owner. If I may, my father is the owner of the station. Just to touch base on the debris and maintaining of the landscaping, so with the construction while we are working on it, I think that will help to maintain and help enhance the landscaping around the gas station. When this construction does begin, I am sure they do plan on ... so the rebricking of the building and the molding on top will help maintain the shape of the station. You spoke about the tires and the debris around the gas station, that will also be maintained and fixed up and cleaned up. I know that the basic plan is to get the approval for the plans that they have now, and any future plans then would be brought back. November 9, 2021 30255 Mr. Caramagno: I would certainly like to see...I appreciate what you are doing here, at least from my perspective. It is run down. It needs something. I don't know if it speaks to everything that I have asked today, but it is going to be an improvement. I think you really need to think about that parking lot and some landscaping and definitely getting that debris out of there. Mr. Naserdean: Of course. Thank you for your time. Mr. Wilshaw: Any other questions for our petitioner? If there are no other questions for our petitioner... Mr. Taormina? Mr. Taormina: If it pleases the Commission, one possibility is to have the landscaping as a call back item at which time we could also address the issue of storage and the parking lot. It has some similarities to the project across the street when we were considering how items were going to be stored on that property. If that is going to be an ongoing issue with this service operation, then maybe staff can explore options with the Petitioner, possibly a small shed or outbuilding to take care of any outdoor storage needs. Treating that as a call back item might be good in this case. Mr. Wilshaw: Okay. I think that is a good idea. If there is no other questions from any of our commissioners, and I don't see any, is there anyone in our audience wishing to speak for or against this item? Not seeing anyone, is there anything else you would like to add before we make our decision? Ms. Issa: We will be willing to cooperate with anything the city would like to as us to do to get this project done and completed and again to improve it for our community and make it look nice. Mr. Wilshaw: Thank you. We appreciate you coming. Just stand by and we will make our decision and see where things go. I will close the public hearing at this time and if there are no further questions or comments. a motion would be in order. On a motion by Caramagno, seconded by Smiley, and unanimously adopted, it was #11-60-2021 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on November 9, 2021, on Petition 2021-09-02-19 submitted by Livonia Gas Mart requesting waiver use approval pursuant to Sections 6,06 and 6.26 of the Livonia Vision 21 Zoning Ordinance to construct an addition and remodel the interior and exterior of the existing gas station (Mobil) November 9, 2021 30256 at 31301 Plymouth Road, located on the southeast corner of Plymouth and Merriman Roads in the Northwest'/4 of Section 35, the Planning Commission does hereby recommend to the City Council that Petition 2021-09-02-19 be approved subject to the following conditions: 1. The Site Plan identified as Sheet No. SP1 dated October 6, 2021, as revised, prepared by Sketch Design Group, is hereby approved and shall be adhered to. 2. All parking spaces, except the required barrier free parking, shall be doubled striped at ten feet (10') wide by twenty feet (20') in length as required, and the number and location of the barrier free parking space(s) shall be provided at the direction of the Inspection Department, 3. The Exterior Building Elevation Plan identified as Sheet No. A2 dated October 28, 2021, as revised, prepared by Sketch Design Group, is hereby approved and shall be adhered to. 4. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building. 5. Any new light fixtures shall not exceed a height of twenty feet (20') from grade at the base of the light and shall be aimed and shielded to minimize stray light trespassing across property lines or on adjacent roadways. 6. No outside storage, placement or display of merchandise shall be permitted. 7. Pursuant to Section 6.26(11), free air shall be provided and dispensed at the point of service without having to enter the station or perform any extra action to obtain the air without charge. 8. Vacuum equipment or the outdoor placement/storage of propane cylinder storage units is not allowed. 9. The sale of ice shall be restricted to the inside of the building. 10. Only conforming signs are approved as part of this petition, and any additional signs shall be separately submitted for review and approval by the Zoning Board of Appeals. November 9, 2021 30257 11. No part of the pump island canopy fascia, except for signage, shall be illuminated, and no LED lightband or exposed neon is allowed on any part of the building, including around the windows or on the overhead canopies. 12. Unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited. 13. The specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 14. That a fully detailed landscape plan and any plans to construct a small storage building shall be submitted for approval to the Planning Commission and City Council within sixty (60) days following approval of this petition by the City Council. 15. That the entire parking lot shall be repaired, resealed, and restriped as necessary to the satisfaction of the Inspection Department. All parking spaces, except the required handicapped spaces, shall be doubled striped at ten feet (10') wide by twenty feet (20') in length as required. 16. Pursuant to Section 13.13 of the Livonia Vision 21 Zoning Ordinance, 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 13.13 of Livonia Vision 21 Zoning Ordinance. Mr. Wilshaw: Is there any questions or comments on the motion? 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 2021-10-02-20 BBS Distilleries, L.L.C. Or. Caramagno, Secretary, announced the next item on the agenda, Petition 2021- 10-02-20 submitted by BBS Distilleries, L.L.C., requesting waiver use approval pursuant to Section 6.09 of the Livonia Vision 21 November 9, 2021 30258 Zoning Ordinance to utilize a Small Distiller license (manufacturer of no more than 60,000 gallons of spirits per year) in connection with the operation of a distillery and tasting room at 27600 Schoolcraft Road, located on the north side of Schoolcraft Road between Inkster Road and Cardwell Avenue in the Southeast'/4 of Section 24. Mr. Taormina: This request seeks approval to utilize a small distiller license in connection with the operation of a distillery and tasting room. The location is the Buckingham Village Shopping Center located at the northwest corner of Schoolcraft and Inkster Roads. The zoning of the property is C-2 (General Business), which treats microbrewers, brewpubs, and distilleries as a waiver -use. Buckingham Village is a multi -tenant complex that is made up of four different parcels with three different owners. The combined land area, not including the corner gas station and the former Frank's Nursery properties, is 7,53 acres. Altogether, there are over 20 tenant spaces. I apologize, I have the wrong plan being shown here. There we go. Altogether, there are 20 tenant spaces occupying about 78,000 square feet of retail space. The majority of the storefronts face Schoolcraft Road. The proposed distillery would be near the west end of the plaza, which is immediately adjacent to Snookers Pool and Pub. Abutting the site to the north are single-family homes that are part of the Buckingham Village Subdivision. The Michigan Liquor Control Commission rules as applied to the holder of a small distiller license allows the licensee to manufacture spirts, offer free samples to consumers, and sell spirits to consumers for both consumption on premises and off premises. The licensee may not sell spirits directly to Michigan retailers, but they can sell them to the Commission, who then resells those products to retailers throughout pursuant to their spirit distribution system. The proposed tenant space where the distiller would go was previously occupied by a Subway sandwich shop. This unit measures 28 feet by 100 feet for a total of approximately 2,800 square feet and it provides the necessary area and depth for the distiller's various business operations. These include the front part of the unit, which would consist of the tasting room. The middle section, which includes the distilleries prep and assembly area, as well as a bottling room, cold storage, and restrooms. The rear portion of the unit would house the distilling manufacturing operations. This includes the stills, the fermentation tanks, as well as storage racks. The floor plan for the tasting room shows a bar along with tables and chairs with a capacity to accommodate 40 customers. There would be no kitchen and no food preparation. Only pre -packaged food and snacks would be served. Access in parking at the shopping November 9, 2021 30259 center are shared between the several businesses that make up the overall complex. Records show that the former Subway restaurant was limited to 30 seats, and although the proposed distillery would have 10 more customer seats, parking at the center should be adequate. That is because of the shared parking arrangement. The Zoning Ordinance does prohibit brewers, microbrewers, brew pubs, and distilleries from operating within 100 feet of any other such licensed establishment. This requirement applies to the on -premises consumption of alcohol, including businesses that operate with a Class-C license, like Snookers Pool and Pub, which is located immediately adjacent to the proposed distillery and tasting room. Thus, the 1000-foot separation requirement, in this case, would have to be waived by City Council. The Zoning Ordinance also prohibits on -premises licensed establishments from operating within 400 feet of churches and school buildings. In this case, no church or school buildings exist within 400 feet of the subject location. There are no proposed exterior modifications to the unit. Signage has not been reviewed, but they would be entitled to one sign that would be limited to one square foot of sign area for each one foot of unit frontage. In this case, 20 square feet would be the limit. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: The first item is from the Engineering Division, dated October 19, 2021, which reads as follows: In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed waiver use at this time. The parcel is assigned the range of addresses of #27450 to #27650 Schoolcraft Road and #14019 to #14021 Inkster Road, with the address of #27600 Schoolcraft Road being assigned to the overall parcel. The existing building is currently serviced by public water main and sanitary sewer, as well as private storm sewer. The submitted drawings do not indicate any modifications to the existing leads, and we do not believe there will be any further impacts to the existing systems. It should be noted that the developer may be required to obtain a permit from the Michigan Department of Transportation (MOOT) or Wayne County, should any work occur within the 1-96 or Inkster Road right-of-way's." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated October 25, 2021, which reads as follows: "We have no objections to this proposal with the following stipulations: Note: The Livonia Fire Department Fire Prevention Division utilizes the 2015 versions of the International Fire Code November 9, 2021 30260 (IFC), Michigan Building Code (MBC) and National Fire Protection Administration, Fire Code (NFPA) for all inspections, enforcements and project plan reviews. When considering planning for this project, this location will be considered a `mixed - use" facility and will apply the appropriate codes (see above) during plan review and zoning compliance inspections."The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated October 15, 2021, which reads as follows: "l have reviewed the plans in connection with the petition. 1 have no objections to the proposal. " The letter is signed by Scott Sczepanski, Sergeant, Traffic Bureau. The next letter is from the Division of Police dated October 25, 2021, which reads as follows: " We reviewed the plans submitted by BBS Distilleries, L.L.C. requesting waiver use approval pursuant to Section 6.09 of the Livonia Vision 21 Zoning Ordinance. It is the intent of the applicant to utilize a Small Distiller license (manufacturer of no more than 60,000 gallons of spirits per year) in connection with the operation of a distillery and tasting room. The proposed location is 27600 Schoolcraft Road, located on the north side of Schoolcraft Road between Inkster Road and Cardwell Avenue in the Southeast quarter of Section 24. The proposed site is one of the units of the Buckingham Village Shopping Center. The submitted plan does not comply with prior separation requirement guidelines. The proposed establishment is inside the separation requirement distance of at least one thousand (1,000) feet from any existing Class C licensed establishment. Snooker' s Pool & Pub at 27630 Schoolcraft (MLCC Business ID 237355) currently has a Class C li cense and is directly next door to the proposed establishment. We would recommend that the Planning Department and City Council maintain separation requirement guidelines. It is our opinion that this guideline is good for local established businesses and maintains Livonia's family atmosphere." The letter is signed by Jeff Ronayne, Special Services Bureau. The next letter is from the Inspection Department, dated October 26, 2021, which reads as follows: "Pursuant to your request, the above referenced Petition has been reviewed. 1. The petitioner's proposal is a change in use. This would require that the proposed space must conform to all current barrier free codes, building codes and all mechanical codes and standards. This will be addressed further at time of pIan review if this project moves forward. This Department has no further objections to this Petition." The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Finance Department, dated October 13, 2021, which reads as follows: 'I have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to November 9, 2021 30261 the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated October 22, 2021, 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. Lastly, we did receive an email correspondence from a resident who gives their name as Farzan Rafieyan, dated November 6, 2021, and it reads as follows: "To whom it may concern, When/ received a letter from city of Livonia regarding petition for BBS distilleries, I thought it would be beneficial for the area, but it would be an area of concern for residents who their houses would be in the vicinity of this small business. This small business will be 3 blocks down back of my house, and from I have seen, it would be troublesome for me to know people who may use this business, may have impaired judgment after exiting from this venue. What's this small business plan for securing the area? Do they plan to install surveillance cameras around it? What's their traffic plan for amount of traffic that comes to this parking lot? Does it impact traffic around Inkster and Schoolcraft? I would feel safe if the city agrees to block the alley behind all businesses, and redirect them to bring their products from the front. Regards, Farzan Rafieyan" and he gives his address as 27705 Buckingham, Livonia, MI. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Is the petitioner here this evening? We will need your name and address for the record please. Jason Mitchell, 9919 Merriman, Livonia, MI 48150. Mr. Wilshaw: We talked a little bit about your petition at the study meeting, but this is your opportunity to get everything on record and tell us about why you are looking to move your business to this location. Mr. Mitchell: Currently we are operating in Livonia. Our current location ... we are all industrial. We do not have a tasting room. It is something that helps us promote our product and help us get sales out there. It is not so much that we are looking to operate like a Class-C bar type venue. We do allow free samples. The State allows us to give those out. Again, all the personnel that we do have serve customers, clients coming in, they all go through training that a bartender would receive. Like to look out for issues before they happen when it comes to people becoming intoxicated and also knowing how to serve them properly so that doesn't happen. That November 9, 2021 30262 is the opportunity there. We do realize that it is close to Snookers. We do know that there is some issue there. We have spoken with Snookers, and they aren't really opposed to us being there. They feel like we might actually bring different clientele there. It may be beneficial that way. We are limited where we can go to stay in Livonia. We have been looking and there is very few spots for us. Like many of our other co -tenants in our building, we have been pushed out for other businesses that are willing to pay drastically more on rent than we can afford. Other than that, we would like to stay in Livonia. I have been here for quite some time now. I like the community. I like helping the community. When we did the distillery and we were starting up, we were in the middle of COVID we helped out anyone we could. We donated hand sanitizer that we were producing. We donated it to the city here for everyone. Garden City as well, and Westland. We don't want to leave Livonia, but we are at that point of where we are either looking at being closed down in this building... it's nice but not perfect or having to go somewhere else. That is the point really where we are. I don't know what else to do to stay around here and be a part of it still. I don't know what else I can say. Mr. Wilshaw: I think that is a very good start, Mr. Mitchell. We will see if we have any questions from any of our commissioners for you. Maybe we can find out more about your business along the way. Ms. Smiley: Can you tell us a little bit about your products? What is it that you make? Mr. Mitchell: Right now, our predominant products are unaged corn whiskey and we do label them with the special name Moonshine. We also have a Vodka that we are coming out with that is also made with corn. It is just a little bit higher proof so we can get the Vodka. That is what another gentleman that has a business in Redford... we kind of network with them. We also have another product called Heat, which is something kind of new. It is a capsaicin infused product. It is new on the market. It took quite a while to get it FDA approved and then they had just made capsaicin more of a medicine for arthritis and muscle aches and things at that time. With our moonshine they are available in varying degrees of proofage from 45 to 150. We have ones that are made with fruits. We have straight ones. We have ones that are synthetically aged, I guess, with electrolysis in the wood to age it quicker. We are also working on a couple of products with a few other local businesses around Livonia. It takes a little time to get the formulas down and get them all approved. November 9, 2021 30263 As. Smiley: Okay. The distillery is your primary business. You aren't really looking to open a bar? It is more of a tasting kind of thing. Mr. Mitchell: At that point we are allowed to sell bottles to general public which is ... we get a lot of people that want to come in and want to see what is going on and see what we are doing. At the same time at this point we do not have that ability. Here we would. We have to turn them away. Here we could actually allow them to come in and see our products and see what is going on. Allow them to try different ones and eventually purchase from us which we make a bit more percentage than having to send it through the State system. The three-tier system with the State is... it works, it is just... it is hard on us because we are small. The State may hold our money 30 days, or they may hold our money 90 days depending on how their pay schedules work out. At the same time, we are depending on a third -party to deliver our products and also get the orders in for us. Many times ... we have several products now, actually four of them which our customers can order but can't receive due to technical issues with our distributor. They are just sitting there. They have been sitting there in a warehouse for almost four months. With the tasting room we are able to move our own products instead of just letting them sit. Ms. Smiley: So, you have a distributor that goes to ... Mr. Mitchell: The State allows you to pick one distributor. There are three distributors in the State of Michigan. Ms. Smiley: So, you picked a distributor, and they take it to the Wine Castle or whatever? Mr. Mitchell: Yeah. They go to the retail locations at that point. Ms. Smiley: The liquor stores around the city. Are you...do you just distribute in Livonia or are you outside of Livonia? Mr. Mitchell: We are throughout the State of Michigan. Ms. Smiley: Okay. Thank you. Mr. Wilshaw: Thank you, Ms. Smiley. Any other questions? Mr. Bongero: Just a couple questions. What hours would you have? What hours of operation? Mr. Mitchell: Like back on the distillery side we will have like a 9 a.m. to maybe 9 p.m. would be operating. It may vary depending on what is November 9, 2021 30264 going on, what processes. Out front we don't want to open up that early. Maybe 2 or even possibly 4 p.m. start time, mimicking a few of the other distilleries. In closing up ... we aren't trying to stay open all night to compete with the bars or nothing like that. I like to get home and go to sleep myself. Mr. Bongero: One of the neighbors behind you there had a concern about surveillance and the alley in the back. Is there... you probably haven't given much thought to that. If it would have to be something that you would have to cooperate with the other tenants there but... Mr. Mitchell: We already planned on putting on surveillance system canvassing throughout and outside. Security systems are required by the Federal as well. As far as danger of actually transporting it through the back of the building, we have an area back there. There is a kind of pad that is not in the alley way. We can unload trucks and everything and at the same we can move through that alley. As I know the ... for the safety and everything I know the area. It has a little bit a decan going on, but I used to be a tenant in that building back in like 2012 to 2014. It is kind of familiar to me. I am not too worried about it. Everyone... some of the landlords are still there. It is like three different landlords that own that little plaza. Mr. Bongero: So, deliveries and stuff won't be going on late at night or... Mr. Mitchell: No. Actually, what we do now...our distributor is on Eckles Road, and we just drive it to them. We drive our truck and take a pallet there. Yeah. We are not bringing in ... sometimes we get ... when they ship stuff to us, they will have R & L Carriers so they will bring a full semi -truck in there, but for our products and stuff we are still moving in small vehicles and everything. We are not getting semi -truck loads of alcohol back there. Mr. Bongero: Sounds good. Thank you. Mr. Wilshaw: Thank you, Mr. Bongero. Any other questions from anyone on the Commission? Mr. Taormina: Thank you. It is really afollow-up on Commissioner Bongero' s question. Shipping and receiving would all be handled through the back? Or. Mitchell: We would prefer that. That way we are not in the parking lot. November 9, 2021 30265 Mr. Taormina: What would be the largest vehicle that you would bring back there? Mr. Mitchell: I mean there is potential for full-size semi -trucks. 52-foot trailer. Mr. Taormina: You think that would work in that space? Mr. Mitchell: We have brought them in before when I was there before. Mr. Taormina: Okay. Again, it looks like you may have the room, although it would be tight. Mr. Mitchell: It is tight, but they can do it. The same way that the Dollar Store brings in their trucks as well. Mr. Taormina: Any overnight storage of vehicles on the premises? Mr. Mitchell: There may be. We do have delivery vans, but they arejust Dodge Caravans. Mr. Taormina: It would be just a couple vans in the back? Mr. Mitchell: Yeah. Mr. Taormina: Thank you. Mr. Wilshaw: Thank you, Mr. Taormina. Any other questions for our petitioner? Is there anybody in the audience that wishes to speak for or against this item? Seeing no one coming forward. I know you have your team here, so I am sure they are in support of that. If there is no other questions, is there any closing comments you would like to make before we make our decision? Mr. Mitchell: No. I went over everything, I guess. I appreciate you guys spending the time talking with me. Hopefully, we can make things work here. Mr. Wilshaw: Thank you, Mr. Mitchell. I just wanted to say that I appreciate you telling the background of your business because that all goes into our minutes and the City Council will have an opportunity to also read that and understand your business. Mr. Caramagno? Mr. Caramagno: The question that I have got is, I would like to dial in ... what would be the hours for the tasting room that you would like? Mr. Mitchell: Ideally, it would be like 4 to 10. November 9, 2021 30266 Mr. Caramagno: 4 p.m. to 10 p.m.? Mr. Mitchell: Yup. Monday ... we wouldn't do anything on Sunday and probably like a Tuesday through Saturday and closed on Sunday's and Monday's. Distiller operations would be different because depending on when we are batching and everything, we may work on a Sunday to make sure that things aren't going sour, so to speak. Mr. Caramagno: Okay, thank you. Mr. Wilshaw: Alright, thank you, Mr. Caramagno. Any other questions? If not, I am going to close the Public Hearing and a motion would be in order. On a motion by Long, seconded by Bongero, and unanimously adopted, it was #11-61-2021 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on November 9, 2021, on Petition 2021-10-02-20 submitted by BIBS Distilleries, L.L.C., requesting waiver use approval pursuant to Section 6.09 of the Livonia Vision 21 Zoning Ordinance to utilize a Small Distiller license (manufacturer of no more than 60,000 gallons of spirits per year) in connection with the operation of a distillery and tasting room at 27600 Schoolcraft Road, located on the north side of Schoolcraft Road between Inkster Road and Cardwell Avenue in the Southeast %of Section 24, the Planning Commission does hereby recommend to the City Council that Petition 2021-10-02- 20 be approved subject to the following conditions: That the use of a Small Distiller license at this location shall be permitted only under the circumstances that the Zoning Ordinance standard set forth in Section 6.09(2)(A) requiring that there be at least one thousand feet (1,000') separation between any other licensed establishments is waived by the City Council. That the aerial site plan submitted on October 12, 2021, is hereby approved and shall be adhered to. 3. That the maximum customer seating count for the tasting room shall not exceed a total of forty (40) seats. 4. That the hours of operation for public entry into the facility, including the tasting room and any other retail operations, shall be limited from noon to 10:00 p.m. Sunday thru Thursday, and from noon to 11:00 p.m. Friday and Saturday. November 9, 2021 30267 5. That the facility shall adhere to the International Fire Code (IFC), Michigan Building Code (MBC) and National Fire Protection Administration, Fire Code (NFPA) for all inspections, enforcements and project plan reviews. 6. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals. 7. That no LED light band or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows. 8. That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for, and 9. Pursuant to Section 13.13 of Livonia Vision 21 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 13.13 of Livonia Vision 21 Zoning Ordinance, Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will goon to City Council with an approving resolution. ITEM #3 PETITION 2021-06-01-05 Belal Hourany Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021- 06-01-05subrnitted by Belal Hourany, pursuant to Sections 13.13 and 13,15 of the Livonia Vision 21 Zoning Ordinance, requesting to rezone the properties at 27428 and 27432 Long Avenue, located on the north side of Long Avenue between Inkster Road and Rensellor Avenue in the Northeast'/4 of Section 1, from N1 (Neighborhood) to C-2 (General Business). Mr. Wilshaw: Thank you. This item was tabled at a prior meeting. Is there a motion to remove this item from the table? November 9, 2021 30268 On a motion by Smiley, seconded by Caramagno, and unanimously adopted, it was #11-62-2021 RESOLVED, That the City Planning Commission on November 9, 2021, on Petition 2021-06-01-05 submitted by Belal Hourany, pursuant to Sections 13.13 and 13.15 of the Livonia Vision 21 Zoning Ordinance, requesting to rezone the properties at 27428 and 27432 Long Avenue, located on the north side of Long Avenue between Inkster Road and Rensellor Avenue in the Northeast % of Section 1, from N1 (Neighborhood) to C-2 (General Business), does hereby remove the item from the table. Mr. Taormina: Thank you. This is a request to rezone two developed residential lots to commercial. The location is the northeast corner of Long and Rensellor Avenues. These properties are part of a sub- division block that is bounded on four sides by public roads, including Inkster Road, Grand River Avenue, Long Avenue, and Rensellor Avenue. The full block consists of four parcels that total 1.2 acres, all of which is owned by the petitioner. The other two parcels that make up the remaining portion of the block are zoned C-2. One of the parcels is developed with Billy's Liquor Depot and the other is currently vacant. Both residential properties are part of the Argonne Annex Subdivision. Each lot measures 40 feet in width by 120 feet in depth. Both lots also contain single- family homes that are currently occupied. The main purpose of the rezoning is to assemble these two lots with the other two commercially zoned parcels to facilitate the redevelopment of the entire block to include a new liquor store and gas station. Bordering the site to the west across Rensellor and the south across Long are single-family homes that are also part of the Argonne and Argonne Annex Subdivisions. The project is impacted by the presence of a utility easement that was retained in the course of vacating an alley that was part of the original subdivision plat. It extended diagonally across the middle of the block. This easement contains overhead wires that are owned and maintained by DTE, as well as the sanitary sewer that is owned and maintained by the City of Livonia. Redevelopment of the block will most likely require vacating this easement, as well as relocating both utilities. The Livonia Vision 21 Future Land Use Map shows the subject area as Corridor Commercial. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. November 9, 2021 30269 Mr. Taormina: The first item is from the Engineering Division, dated June 23, 2021, which reads as follows: `In accordance with your request, the Engineering Division has reviewed the above referenced petition. The properties associated with the proposed project are assigned the addresses of #27248 & #27432 Long Avenue. There is no legal description(s) for the proposed rezoning areas provided with the petition, so the petitioner should be instructed to provide one prior to approval. We have no objections to the proposed rezoning at this time, although the following items should be addressed prior to submitting plans for site plan approvals: The submitted drawings do not indicate any information for utility service leads or proposed water and sewer demands for the proposed development. Without this information, we cannot determine impacts to the existing systems. It is advised that the Developer contact this office prior to submitting drawings to discuss utility services and Engineering requirements for the project. Storm sewer, including storm water detention will be required per the Wayne County Storm Water Ordinance. We will perform a full review of the utilities once full engineering drawings are submitted to this Department for permitting. There is an existing public sanitary sewer and easement that runs through the center of the property that would need to be relocated and/or abandoned and vacated in order to complete Phase 2 of the proposed development. It may be advantageous to complete that work with Phase 1, as it may offer more freedom for layout of the overall site." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Finance Department, dated June 21, 2021, which reads as follows: "I have reviewed the address connected with the above noted petition. The following amounts are due to the City of Livonia: Unpaid water and sewer charges (currently due 7/9/21): $ 214.48 ($104.34 and $110.14 for 27428 + 27432 Long Ave., respectively) Total Due City of Livonia $214.48" The letter is signed by Connie Kumpula, Chief Accountant. We have an update on the issue of those bills in an email dated November 3, 2021, coming from our Account Clerk indicating that those balances have been paid off. The next letter is from the Treasurer's Department, dated June 23, 2021, 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. We did receive a number of items of correspondence over the course of several months. Altogether, 18 total letters from 12 different residents opposed to the project. I will not read these letters since they November 9, 2021 30270 have been provided to each of the commissioners. That is the extent of the correspondence. Mr. Wilshaw: Those letters are in our packets, and they will become part of the permanent minutes that move on with this item. We do have all of the correspondence. We appreciate that. Thank you. Are there any questions of the Planning Director? Or. Wilshaw: Our petitioner is in the audience. Feel free to come forward. We will need your name and address for the record please. Belal Hourany, 612 Norborn, Dearborn Heights, MI 48127. Mr. Wilshaw: Welcome back to our meeting. Is there anything else you would like to tell us about this item? Mr. Hourany: I didn't know if you wanted them to go first and answer questions after? Mr. Wilshaw: We give an opportunity for the petitioner to speak to us and we will maybe have some questions for you, and then we will give an opportunity for the residents to speak. You will get the last word. Is there anything you would like to add to the petition? Mr. Hourany: No. I think we are good to go. We talked about moving the poles, the sanitary lines, the easement... pushing it back. I think we kind of went over it all. Mr. Wilshaw: This is a request for rezoning. Just so everyone understands that EMS is kind of a two-part process. First, you are looking at rezoning these two residential properties to commercial and then, depending on how that goes, you would look to bring back the site plan for the total site and how you are going to develop it. The discussion is mostly going to be centered on the rezoning at this point. We won't have a lot of discussion about the site plan because that would be the next step. Just so everyone understands that. Are there any questions from any of the commissioners for our petitioner? If there are no questions for our petitioner, I will go to our audience and see if there is anyone in the audience wishing to speak for or against this? Feel free to come forward to the podium. We will ask that you start with your name and address for our records. Kyle Nazaroff, 27530 Long Street, Livonia, MI. The same street as in the plan. So, I am very opposed to this proposal. You can see on the site plan there; it is two residential homes. We already have business zoning all the way along Grand River. I don't really see any November 9, 2021 30271 reason why we need to demolish more residential homes to make room for ... to basically push the commercial zone in farther into the neighborhood. That doesn't make any sense to me. I mean, we already have issues as it stands with the commercial stuff that is behind our house with noise and lights and stuff at all hours of the day and night. If you drive up and down Grand River, you can see that there is...I mean when I drive home and I drive past an empty tuxedo shop. I drive past an empty bank. I drive past dozens of empty commercial buildings on Grand River and Inkster, so I really don't see any reason why we need to expand the commercial zone any farther. The liquor store that is there as it stands isn't really kept up very well. It is not really like a shining jewel of the area, so I don't have a lot of confidence that anything that is built in the future around there is going to be kept up well. I mean, especially in the middle of a housing crisis across most of the United States. I don't really see a need to remove more opportunities for people to live there. We have lots of kids in the neighborhood. We already have issues with people that drive 40 or 50 mph down Long Street coming from Inkster. So, expanding that into more commercial space, I think is going to make that problem worse. I have concerns about that. As far as the zoning goes, like I said, there is tons of empty commercial buildings on Grand River. They are talking about adding a gas station when there is about five gas stations within spitting distance of that lot. I don't really see why we need another one. So, those would be my main concerns as it stands presently. Mr. Wilshaw: Thank you, Mr. Nazaroff. Appreciate your comments. Anyone else wishing to speak for or against? Please come forward. Good evening, ma'am. Lori Hamilton, 27535 Long Street, Livonia, MI. I also did an email in July when it was on the docket before. Hopefully you got my email also. I have lived on Long for 27 years and I have put a lot of money to keep up my house and I am very proud of being a single mom and raising two kids on Long Street. I am opposed to having that rezoned as General Business. I have seen a little bit of demise of the area since I have been there 27 years on Long and I do not want to see anymore increased crime or traffic. I have seen people blow through stop signs and numerous accidents on Long Street. I have seen two teenagers in two separate incidents get hit by a vehicle on bikes. My concern is it is a cut through right now. It has always been a cut through. It is going to be worse traffic. If there is an expanded liquor store and a gas station, which we don't need another gas station on that corner. Don't need any increased traffic. I am concerned about my property values also going down. If you put yourself in our situation... if November 9, 2021 30272 you lived on Long Street, would you want that to be rezoned and have increased traffic and worry about what is going to happen now in the future? Put yourself in our shoes in regard to if you lived on Long Street. Would you want this in your neighborhood? Thank you. Mr. Wilshaw: Thank you, Ms. Hamilton. We do have your email in our packet as well. Thank you. Anyone else wishing to speak for or against? Feel free to come forward. Shawn Crowley, 27516 Long Street, Livonia, MI. I live directly to the west of the proposed change across from the residential houses that are there now. You addressed a lot of my concerns. There are cars that just...I get so angry at night. I don't even have kids, you know, yet. We don't have kids yet, but there is so many cars that just like speed right there. Like you said, all hours of the night. It is insane. I was hoping maybe they would put some speed bumps in or something one day. There is a lot going on there. Increased traffic going through there, I think that is going to be even more dangerous to the area. Another thing that you brought up, the properties that are there... the two liquor stores right nearby, they aren't really maintained at all. I don't see that ... ya know, over the years I kind of see that going the same way. The houses that are there aren't real nice on the exterior and currently our next door neighbor, ya know, she is a mother of two. Really nice lady. I don't know what is going to happen with that. Like you said, less houses and all that, ya know? Established there. I would hate to have to see her leave. I don't know the neighbor on the other side, but the same thing, ya know. She actually... with the increased traffic, she came to us asking if we seen somebody steal her rocking chair. You know what I mean, like? With all the other stuff going on in there, ya know, I can't like...I haven't had to worry too much, but like, you know, stuff, like we leave outside kind of goes missing sometimes and I just don't ... we would put out old electronics and they are just kind of just gone, ya know? I would hate to see more people coming in through there and the light pollution and everything that is going to be going on with that. Again, my main concern.... there are empty businesses all around there. You know, you go up and down Eight Mile and Grand River right there and there are vacant lots, not vacant lots but vacant businesses that aren't filled right now and I don't see the need to have anymore right next door, ya know. I guess that was my concerns. We just bought the property in March. This is going to kind of tank our house price. Thank you. November 9, 2021 30273 Mr. Wilshaw: We appreciate your comments, Mr. Crowley. Thank you for coming. Anyone else wishing to speak for or against? Feel free to come forward. Good evening, sir. Wanda Hall, 20335 Rensellor Street, Livonia, MI. I am speaking for her. She is directly west of the property that wants to be vacated right there. She expressed some concerns to me and asked me to convey them to you. Traffic, as many people have stated in here. The crime element. You already do have two gas stations within a quarter mile of that area right there. In addition to that, we are really changing the face of that neighborhood right there. We have a convenience store; a party store is what we call them here in Michigan. We are going to change that to a gas station. We are going to have fumes, increase of crime element right there. Easier to pull in and out. I think the one that hits home the hardest is me and empathizing with her plight on this would be what I am looking at when I look out my front window. What we have out there right now is that we have a couple houses. What resembles a neighborhood even though there is only two houses right there. You have a green field right there. Then you have a convenience store. With the designs that I looked from... and spoke with...I wrote his name down in here...) spoke with the...I don't know if he is the development engineer, but he emailed me the plan for that over there. So, you will have two buildings over there instead of one now, which what you have looking our her front window is a yard. With the new construction you will have a building there. A single -story building. It will be a brick wall. With that, there is a 20-foot canopy for the pumps there. These are going to emit a lot of light. We already have lights all hours of the day. They are about to get brighter. I know the Livonia isn't big on the LED lights in business windows. We are going to light that whole corner up. For one, just the (inaudible) crime. Two, that is going to come at the expense of the residents there, because that is what they look out at each and every day. It may look a little nicer if we fix that whole corner up for the passer-by, but there is still about a dozen houses that look at that and that is their front view day in and day out. In addition, everybody else has pretty much summed up my notes that I had in there. Those were the big concerns that I had. I wanted to make you aware of that. Jr. Wilshaw: Thank Vial you or speaking on behalf of one of your fellow neighbors there. Thank you. Ma'am? Shuti, 27516 Long Street, Livonia, MI. We moved in in March and we spent some time looking for houses. The reason we moved out to this area is because I have an auto -immune condition and a chemical sensitivity, and I wanted to be closer to my healthcare providers November 9, 2021 30274 at Beaumont. My driving is very restricted from these conditions. So, I am close to where I am able to drive to those appointments. We also wanted to start a family. The idea of the rezoning and what that is leading to is quite honestly petrifying for me. We passed up on four or five different houses that were in close proximity to the gas stations and decided, ya know, that I would rather be near a liquor store than a gas station as it is. We have people stumble drunk to this liquor store. People have mentioned things going missing. It must have been not more than two months ago where a man was face down in our neighbor across the streets yard. EMS had to come and take him. I don't know what ended up happening with that. Some of what this is leading to, with the rezoning and what the plans are, I can't even imagine the potential for drug abuse, crime going up and the idea of us having a child and choosing to live here to help my health, which would be affected by the off gassing of this gas station, is just awful. I know... it is apparent now, I am not very familiar with this process very well... it is very apparent that it would be the next ... that I would bring this information, but I have a number of studies citing the harm that having gas stations in neighborhoods can do because of benzene, which is suggested at zero human consumption, because it causes cancer. I am not okay living next to that. We live off of Long and Rensellor, so we are right next to this place. Our neighbor is on oxygen. Walking through this neighborhood, I have seen people who have lived here for 20 or 30 years with families. Many of them do have health conditions. Speaking from my research and personal experience this will not be good for those conditions. Like everyone else has stated, there are plenty of vacant businesses where this can be done. There are plenty of gas stations within close proximity to where we live. There are families that live here. This is a neighborhood. I am hoping there isn't a time when I have to bring these studies or my lawyer or my patient advocate. That is all. Thank you. Mr. Wilshaw: Thank you, Ms. Shuti. Any other people wishing to speak? Ms. Shuti: I am sorry. I forget to mention something. Mr. Wilshaw: Go ahead. Ms. Shuti: This was about a week or two ago. I video taped part of an occurrence. We have a neighbor kiddy corner to us who is across from the house that is behind where this liquor store is and Billy, I think his name is...I was outside, and I saw him walking towards her. I heard her say please don't come up to me. He cut right through the road walked towards her and she said please stop. Do not talk to me. He continued walking and they started talking. November 9, 2021 30275 He...I personally felt like would have felt physically intimidated by that. I turned my video recorder on. My fiance's phone ... we have the video and as soon as that came on, he started saying things like you should be proud of me. I bring success to this neighborhood trying to spark a reaction. That is not acceptable. She had called the cops. They stated that it technically wasn't harassment, ya know, something more would have had to happened. I don't want to deal with that. No one in the neighborhood wants to deal with that type of personality. Thank you. Mr. Wilshaw: Thank you, Ms. Shuti. Anyone else wishing to speak for or against this item? Or if there is anyone else withing to speak on this item. Mr. Hourany: I want to start out saying that I did try to make peace with everybody before this and I want you guys to know that I am not arrogant or cocky. I am just passionate, alright? So, if I have an answer for everybody and no disrespect, I just... and to 100% show you who I am, if you catch me in a lie, please deny me. I won't even do this project. So, we are going to start off with the video tape. I would love for you guys to see it, because then you are going to realize I was so polite and I was trying to tell her please just let me talk to you and then she says I was cocky about what I own, the lady started off saying you are not going to intimidate me, I know what you own. What I said... so if you have known me for so long, why not be proud of me. It is on the video tape. Please deny me, I mean this is funny. So, I would love for you to watch the tape. Second of all, the lady that lives at the corner house, god forbid her husband died from alcohol and I totally give her my condolences on that one. Her son took the wrong path in life, so she has seen me as a young kid and 25 years later I built an empire. Yeah, I would expect someone to say good job. My father always said I was going to be nothing. That is where I am passionate. Like, I want to cry, but it is alright. So, because her kid took the wrong path instead of telling me ... that is where I said watch the tape. Here is a million dollars. Watch that tape. That is where I told her why don't you tell me congratulations for what I achieved. If you watched me as a kid, now I pull up in a Lamborghini, be proud. That's on the video tape. It would show it. When you guys talk about the building, I got in my bag all my city inspections for 20 years for a building that was built in 1920. You know what I have? A GFI or do a ceiling tile. So, for a building that old, for me to get those kind of city inspections, that goes to show you that I am trying to work with what I have of course. I have been there 25 years. Now I am trying to rebuild. It needs it. Food inspection for the state to November 9, 2021 30276 show what kind of business I run. I have never gotten a ticket for put a hot water tank. Never got a ticket for any kind of bad food or serving bad customers and this comes again with the building being that old. I would verify that kind of stuff. Then we are going to start with the first gentleman. He says all along Grand River buildings shut down. I agree. The Chase Bank, weeds are up to the thing. The Bingo Hall, all ran down. I agree. So, then, why wouldn't you want me to rebuild that corner. We are blowing three million dollars on that project, which you don't think that is going to bring people in? Somebody might buy that Chase Bank. (Audience started speaking) Mr. Wilshaw: Let's not have debate back and forth. Mr. Hourany: Yeah. I didn't talk when you said something. Mr. Wilshaw: Mr. Hourany, I understand that you want to respond to things that have been said, but try to do it in a way that doesn't personalize it. Mr. Hourany: That is why I said in the beginning no disrespect to anybody. Just like they said something, I didn't say nothing. There was a couple lies. I didn't say nothing. Mr. Wilshaw: Right. Just... Mr. Hourany: So, just give me the chance....this is passion. I mean like I said. Catch me in a he you guys can deny me. Mr. Wilshaw: I understand. Mr. Hourany: So, when he says buildings are all vacant...so, when you blow three million dollars on a project at the end of Livonia, that might bring people in to do something with those buildings. Then when you said that the store don't look good, I totally agree. That is why I want to remodel it. So, that is that. The second lady over there... Mr. Wilshaw: Mr. Hourany, focus onus Or, Hourany: Sorry about that. Well she talks about accidents and stop signs. You guys know better than that. I can't control what people do. That has nothing to do with a liquor store or gas station. (Audience started speaking) November 9, 2021 30277 Mr. Hourany: I didn't say nothing. Mr. WIIShaw: Let's not have back and forth. Mr. Hourany: I didn't say anything when you guys talked. My turn. Anyways, pop the popcorn. So, accidents and stop signs and all those... you know it has nothing to do with what kind of business is there. So, that answers that question. Then, we all say, like, accidents and stop signs ... you guys got to understand that is the lower part of Livonia. The lower income. There are a lot more younger kids that are traveling fast vs other parts of the city. That is the lower income part. So, that is that. The third lady and gentleman that talked said when she said a gas station... she doesn't want to live by a gas station and she has doctors' appointments, I have a handicap niece and I hope she dies ... when I first met them a week ago when they were blowing their parking lot, they said they bought this to flip it. That was their exact words, that we aren't staying here, we are flipping it within six months. Nothing about her being sick. Nothing about her being a doctor. Nothing about no gas. They were flipping a house. I dedicated 25 years in that neighborhood. I want to see what anyone did over here where...I gave back to the city. I donated to the city. I got whatever you want to see. Right there, that was totally false. They are flipping a house. I dedicated my life to this city. Then the other young lady that lives at the corner that the gentleman spoke for her... it is funny because she is a customer of mine. The older lady and I think we got into a fight one time because she didn't like my prices. So, that is pretty much answering everyone's questions. The biggest thing is they all said it, everywhere on Grand River is vacant. I totally agree. When you make a nice project that is gong to bring people redo those buildings. Look at that place that we talked about that were going to do the distillery. That has been vacant forever. When you see a nice project... and then people will want to come in. The lighting, the hours, everything stays the same. There is no other.. we are already a store, so we aren't trying to add nothing. No extra hours. So, it stays the way it is. Mr. Wilshaw: Thank you, Mr. Hourany. Is there any questions from any of our Commissioners for Mr. Hourany before we make our decision? Or. Caramagno: So, the reason we are here tonight is to redevelop two residential properties. Or, Wilshaw: To rezone. November 9, 2021 30278 Mr. Caramagno: Rezone I meant. I'm sorry. To rezone two residential properties. Mr. Hourany, why do you need to rezone these properties to fix your store? Mr. Hourany: The reason is because the City of Livonia doesn't allow say gas and a liquor store to be together, so that is where we came up with the idea to separate it and then the amount of parking spaces that you need per square footage. So, most likely where the buildings are might end up being up like parking spaces. Mr. Caramagno: So, really at the end of the day you could redevelop your store, your liquor store or make it more presentable, which no one would disagree with, but you could do that without redeveloping these properties. Mr. Hourany: To do a store but not to do the two ideas that I have. Mr. Caramagno: What we are talking about right now, the store and rezoning the properties there. Mr. Hourany: Yeah. Mr. Caramagno: I wanted to make that clear. Mr. Hourany: If I could just make it clear, just so you know, if you look at all the properties down Grand River, they are all commercial. It is bound to happen that those two houses were going to become commercial property. It is like if you look at them under like oompa Loompa houses, you know what I mean, and if you look everywhere else, it is all commercial. Big parking lots. If you look at it, it's like you know in the future those were going to get zoned part of the thing and like I tried to and if I say this again, I am willing to anything that they would like kind of material from the outside to use to make it look better, I am willing to listen and learn and to help. Mr. Wilshaw: Thank you, Mr. Hourany. Any other questions from any of our other Commissioners? Mr. Bongero: Mr. Hourany, piggy backing on Mr. Caramagno, you are not interested in just redoing the store? Mr. Hourany: I can't lie to you. It is a dream. Mr. Bongero: Okay. November 9, 2021 30279 Mr. Hourany: I can't lie to you. Honestly, it isn't money. I could retire. I thank God for everything and when I know there are gas stations across the corner... please remember what I am saying. If you go to Orchard Lake to Southfield on my side, there is no gas station. I swear I was a little kid. That is what I grew up in. I said I am going to do this one day. On my side. There is nothing from Orchard Lake to Southfield freeway on my side of the street. Mr. Bongero: Okay. On your side, but there are gas stations around. I think the vibe is the gas station is the stumbling block here. So, I guess we are just trying to figure... Mr. Hourany: I am just really trying to fulfill a dream and here is what I ask. Obviously, a property zoned.for commercial... all I am trying to do is what it was zoned for. I am not trying to ask for much more. I am just really following a dream and I always wanted them together and don't get me wrong, it is costing a lot more know. Double, but I just want to see it before... my Dad has throat cancer and before he dies, I just want him to see it and then you guys can take it away from me. I want him to know I did it. You guys have to understand if you had kids and you don't want them to be a failure. If someone said they were going to go to the moon, I would tell them good luck and go for it. I am here fighting for it. Mr. Bongero: Thank you. Mr. Wilshaw: Thank you, Mr. Bongero. Any other questions for our petitioner? Seeing no further questions, a motion is in order. On a motion by Smiley, seconded by Ventura, and unanimously adopted, it was #11-63-2021 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on November 9, 2021, on Petition 2021-06-01-05 submitted by Bela[ Hourany, pursuant to Sections 13.13 and 13.15 of the Livonia Vision 21 Zoning Ordinance, requesting to rezone the properties at 27428 and 27432 Long Avenue, located on the north side of Long Avenue between Inkster Road and Rensellor Avenue in the Northeast % of Section 1, from N1 (Neighborhood) to C-2 (General Business), the Planning Commission does hereby recommend to the City Council that Petition 2021-06-01-05 be denied for the following reasons: 1. That rezoning these properties to commercial would be detrimental to the adjoining residential land uses. November 9, 2021 30280 2. That the projected use of the properties is not compatible with the adjoining residential land uses. 3. That the proposed zoning and use is contrary to the purposes, goals and objectives of the Zoning Ordinance, which seek to ensure compatibility and appropriateness of uses so as to enhance property values and to create and promote a more favorable environment for neighborhood use and enjoyment. 4. That the petitioner has failed to affirmatively show that the proposed change of zoning and the intended use of these properties would be compatible to or in harmony with the surrounding residential neighborhoods, and 5. That the proposal fails to conclusively deal with all the concerns deemed necessary for the safety and welfare of the City and its residents. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 and 13.15 of Livonia Vision 21 Zoning Ordinance. 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 denying resolution. ITEM #4 PETITION 2021-07-08-04 Kroger Mr. Caramagno, Secretary, announced the next item on the agenda, Request to amend the plans of Petition 2021-07-08 04 Kroger/Northridge Commons, which received approval by the City Council on September 20, 2021 (CR 289-21) to redevelop portions of the commercial shopping center (Northridge Commons), including demolishing approximately 22,000 square feet of existing retail space, constructing an addition to the Kroger store measuring approximately 28,500 square feet, as well as other fagade and parking lot improvements, at 33523-33751 Eight Mile Road, located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast'/4 of Section 4. Mr. Taormina: Thank you. This request involves changes to the site plan in connection with the recently approved expansion of the Kroger grocery store located at Northridge Commons Shopping Center. It involves the relocation of one of the tenants, Scrappy Chic. They are currently located in a part of the shopping center that is November 9, 2021 30281 scheduled to be removed as part of the larger project. The plan is to move Scrappy Chic a few units to the east of their current location. However, the unit that Scrappy Chic would move into is not currently large enough to meet their space requirements. The unit that they are currently in is about 6,000 square feet. Whereas the unit they are moving into totals only 4,000 square feet. To help make up some of the difference, the landlord is proposing to construct an addition on the south end of the unit that would increase the size to just under 5,000 square feet. It would increase it about 1,000 square feet. Not quite as large as they have now, but enough to meet their needs. It would be a 20-foot extension at the rear of the building, and it would impact a portion of the service drive. In order to maintain traffic movement, the pIan proposes shifting the drive aisle to the south and removing nine parking spaces. This impacted area lies adjacent to the south property line where there is a five-foot landscape strip, as well as a six-foot high masonry screen wall that separates the shopping complex from On the Pond Condominiums. On the other side of the wall are attached condominium homes that are located approximately 65 to 70 feet from the common property line. Mr. Chairman, we do not have any new correspondence related to this item. With that I would be happy to answer any questions you might have. Mr. Wilshaw: Are there any questions of the Planning Director? Ms. Smiley: We talked about taking out...you said there are no new plans, are we going to take out some of those parking places behind? Mr. Taormina: Yes. The plan has not changed from what you looked at during the study meeting. It is nine parking spaces. The petitioner indicated that they performed a turning analysis or an analysis of truck movement. They feel confident that the number of spaces they are showing being removed is adequate to accommodate the traffic. What I would say to that is that it is highly flexible. If for any reason it is felt that it is not sufficient, it is easily corrected by removing one or two additional parking spaces. They feel confident, however, that the current plan is sufficient. Ms. Smiley: They certainly don't need them in that mall, do they? Mr. Taormina: In the back, no. There are employees of Ascension Health that park at the back, but there would seem to be ample spaces to the rear of the shopping center. November 9, 2021 30282 Ms. Smiley: Okay. I myself wouldn't park there and I wouldn't even attempt to drive there, but it might be a good idea to get rid of them. Thank you. Mr. Wilshaw: Thank you, Ms. Smiley. Mr. Long? Mr. Long: Just to follow-up on that, Mark. By who's determination...you said that if it is determined to need to take more out, is that the Traffic Bureau or is that from us? Mr. Taormina: It would not be the Traffic Bureau. I would say probably the first to react would be the landlord. Once they find out there is a problem, that they would have to fix to the benefit of their tenants. Mr. Long: I have no doubt that the trucks can get through there. I am not worried about traffic and blind spots. I can still get behind it. It isn't a deal killer for me. Mr. Taormina: It is a little unique. I think that once it is done, they will take a look at it and decide how to mark the corners of the building and whether or not additional protection is needed in the form of bollards or some type of high visibility painting in that area. Mr. Long: Thank you. Mr. Wilshaw: I was actually thinking the same thing, maybe a painted bollard right at the corner would help protect them and make them stand out. Any other questions for our staff? Mr. Caramagno: For Mark, what I don't see and maybe my dimension is off a little bit. Isn't there a power box right behind that addition that further encroaches on this space here? Mr. Taormina: Yes, during our meeting on site, Mr. Eisenberg indicated that it will require the relocation of one of the service panels. Mr. Caramagno: I can't imagine moving that power box, but you are going to have to protect it somehow. It is going to be a fortune to move that box. Mr. Taormina: I think there is at least one that has to be relocated as part of the overall project and maybe a second one to accommodate this project, but I will let Mr. Eisenberg reply to that. Or, Wilshaw: Any other questions for Mr. Taormina? If not, Mr. Eisenberg is here. Good evening, sir. November 9, 2021 30283 Bill Eisenberg, Grand Sakwa Properties, 28470 13 Mile Road, Farmington Hills, MI. Thank you for entertaining our proposal tonight. As you are probably aware part of the Kroger expansion requires the relocation on the Scrappy Chic. They are currently in about 6,000 square feet. We tried to move them into the one remaining space with about 4,000 square feet, which proved to be just a bit too small. It wouldn't accommodate all of her fixtures. Hence, we came upon the concept of doing a small bump out on the back. 20 by 50 bump out to gain about a little under 1,000 square feet. As far as the truck movements, we put a auto -turn program on it and we modeled a wide body 67 foot truck trailer and we had no issues with maneuvering through the back end of it. Mr. Wilshaw: Questions or comments? Oh, the electrical panel. Mr. Eisenberg: There is going to be some utility relocations that are necessary for the Kroger expansion. I think the one transformer that you are referring to will be...it is going to stay, but it will be protected. Mr. Caramagno: I think it is important to get something around that. I can see somebody hitting that and it would be a big problem. Mr. Eisenberg: We actually don't get a lot of traffic back there. Most of the tenant's load from the front. Scrappy Chic loads from the front. The UPS/ Fed Ex. Kroger does maneuver their trucks back there, but all in all not a lot of traffic at all. Mr. Wilshaw: Any questions or comments for our petitioner? Mr. Bongero: It looks like you came to maybe an agreement with Astoria. Moved them up front there, is that what I am seeing? Mr. Eisenberg; We have developed a plan for to relocate Astoria. We are trying to finalize that. Mr. Bongero: Good. Thank you. Mr. Wilshaw: Any other questions or comments? There isn't anyone in the audience left to speak for or against this. I don't think this is terribly controversial. If there are no other questions or comments from anybody, a motion would be in order. On a motion by Ventura, seconded by Long, and unanimously adopted, it was #11-64-2021 RESOLVED, That the City Planning Commission does hereby recommend to City Council the request to amend the plans of Petition 2021-07-08-04 Kroger/Northridge Commons, which November 9, 2021 30284 received approval by the City Council on September 20, 2021 (CR 289-21) to redevelop portions of the commercial shopping center (Northridge Commons), including demolishing approximately 22,000 square feet of existing retail space, constructing an addition to the Kroger store measuring approximately 28,500 square feet, as well as other fagade and parking lot improvements, at 33523-33751 Eight Mile Road, located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast '% of Section 4, be approved subject to the following conditions:: 1. That the Site Lease Plan identified as Sheet SP-1, dated September 30, 2021, as revised, prepared by Rogvoy Architects, is hereby approved, and shall be adhered to. 2. That the building materials of the addition shall match the building materials of the existing building, and 3. That all other conditions imposed by Council Resolution #289-21, which granted approval to re -develop portions of the commercial shopping center (Northridge Commons), shall remain in effect to the extent that they are not in conflict with the foregoing conditions. 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 a approving resolution. ITEM #5 Mr. Wilshaw: ITEM #6 APPROVAL OF 2022 PLANNING COMMISSION SCHEDULE We can show a receive and file on that. We do not need a motion for the schedule. APPROVAL OF MINUTES 1,177t"Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,177t" Public Hearing and Regular Meeting held on October 19, 2021. On a motion by Smiley, seconded by Bongero, and unanimously adopted, it was #11-65-2021 RESOLVED, That the Minutes of 1,177'" Public Hearings and Regular Meeting held by the Planning Commission on October 191 2021, are hereby approved. November 9, 2021 30285 A roll call vote on the foregoing resolution resulted in the following: AYES: Long, Smiley, Bongero, Ventura ,Wilshaw NAYS: None ABSENT: McCue ABSTAIN: Caramagno Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,178th Public Hearings and Regular Meeting held on November 9, 2021, was adjourned at 8:35 L'a11ll ATTEST: Ian Wilshaw, Chairman