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HomeMy WebLinkAboutPLANNING MINUTES 2019-05-14 nd MINUTES OF THE 1,142PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA ________________________________________________________________ On Tuesday,May14,2019, theCity Planning Commission of the City of Livonia nd held its 1,142Public 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 BongeroSam CaramagnoGlen Long Betsy McCueCarolSmileyPeter Ventura Ian Wilshaw Members absent:None Mr. Mark Taormina, Planning Director,and Stephanie Reece, Program Supervisor, were also present. Chairman Wilshawinformed 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 #1PETITION 2019-03-02-04My Mechanics Place Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2019- 03-02-04 submitted by My Mechanics Place requesting waiver use approval pursuant to Section 11.03(k) of the City of Livonia Zoning Ordinance #543, as amended, for the outdoor storage and rental of U-Haul trucks at 35655 Plymouth Road, located on the south side of Plymouth Road between Yale Avenue and Levan Road in the Northeast ¼ of Section 32. May 14, 2019 29091 Mr. Taormina:This is a request for outside storage and rental of U-Haul trucks and trailers. This property is located on the south side of Plymouth Road between Yale and Levan Road. The site is approximately 1.7 acres. It has 273 feet of frontage off Plymouth Road and a depth of approximately 270 feet. You can see on the zoning map that this property is zoned C-2 (General Business), as are the properties to the east and to the west of the subject site. Across Plymouth Road on the north side is the Ford Transmission Plant, which is zoned M-2 (General Manufacturing). To the south are single-family homes that are part of the Kenwood Park Subdivision. There is an existing building on the property. It is about 19,000 square feet. It contains 14 service bays. The principal use of the site is an automotive car/truck repair business. Parking, as you can see from the aerial photograph, is available both on the north side of the building, as well as the west side of the building. There is also vehicle storage located within a fenced-in gated area at the rear of the building. Section 11.03(k) of the Ordinance allows for the open-airdisplay and rental of utility trailers, subject to waiver use approval. The waiver use for the automotive truck repair business was granted by City Council in 1993. In 1995, the previous tenant of this property, which was Super Hi-TechAuto Service Center, requestedwaiver use approval for the outdoor storage and rental of U-Haul trucks. That request in 1995 was denied mainly because the Commission at the time believed that the use would be detrimental to the neighborhood to the south. This matter is before you this evening as an after-the-fact request, as the current owner entered into a contract with U-Haul without first going through the waiver use approval process. The rental vehicles would utilize the westerly 20 parking spaces in the parking lot. The vehicles would include utility and cargo trailers, as well as pick-up trucks, vans, and several size box trucks. Parking for the automobile and light truck repair facility is based on two parking spaces for each repair bay plus one space for each employee. By Zoning Ordinance standards, the principal use of the property, the auto repair business, requires33 parking spaces. The plan shows a total of 56 parking spaces, 50 if you eliminate 20for the purposes of storing the U-Haul trucks and trailers, that allows for 36 spaces to be available for customers and employees which is three more than the ordinance requires. The site does comply in terms of the parking. There is a special requirement in the ordinance regarding adequate lighting for the storage and rental of these vehicles. There are existing light poles along the west property line directly over the area where the rental vehicles are parked. There is another special May 14, 2019 29092 requirement that the area must be fenced. This site is not in compliance with that requirement. There is no fence provided or proposed. Thus, it would require approval by City Council. Mr. Taormina: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 April3, 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 address of #35655 Plymouth Road.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 therewill 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 determineif 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, datedApril10, 2019, which reads as follows: “This office has reviewed the site plan submitted in connection with a request for outdoor storage and rental of U-Haul trucks on property located at the above referenced address.We have no objections to this proposal with the following stipulations:1. A fire access road shall be provided with not less than 20 feet of unobstructed width and have a minimum of 13 feet 6 inches of vertical clearance in accordance to 18.2.3.4.1.1 and 18.2.3.4.1.2 of NFPA 1, 2015.2. Gate access for fire department vehicles must provide for 20 feet of unobstructed width on the west side and rear lots.3. Knox Box (Knox Locks on gated entries) must be installed for Fire Department access.”The letter is signed by Greg Thomas, Senior Fire Inspector.The third letter is from the Division of Police, Traffic Bureau, dated April10, 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 May 14, 2019 29093 Inspection Department,dated April 30,2019, which reads as follows: "Pursuant to your request, the above referenced Petition has been reviewed.1. This plan does not make provision for a dumpster or dumpster enclosure. The Commission and/or Council may wish to determine how trash disposal will be maintained at this site.2. A fence is required to enclose the area of the rental vehicles. It is unclear if a fence is being provided according to the proposed plan.This Department has no further objections to this Petition. I trust this provides the requested information.””The letter is signed by Jerome Hanna, Director of Inspection. The fifthletter is from the Finance Department, dated April 5, 2019, which reads as follows: "I have reviewed the addresses connected with the above noted petition. As there are no outstandingamounts receivable, general or water and sewer, I have no objections to the proposal.” The letter is signed by Coline Coleman, Chief Accountant. The sixthletter is from the Treasurer’s Department,dated April 3, 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, I have no objections to the proposal.”The letter is signed by Lynda Scheel, Treasurer.I will just note that the indication from the Inspection Department, that there is no dumpster on the site, we have verified that there is. It is not on this plan, but there is a dumpster located behind the building within that fenced in area. Thank you Mr. Wilshaw:Are there any questions of the Planning Director? Ms. Smiley:That letter from the Fire Department. I am not sure about that. They have tohave a fire access road and all that stuff. What is all of that? Mr. Taormina:I think that is about maintainingperimeter access. They have to have access to the fenced off areas. That is usually provided by means of a Knox Box,whichis something that they coordinate through the owner to get access. I don’t see that being a problem in this particular case. They do have access on at least three sides of the building without any obstructions. Other than the fence, they can deal with that with the owner in terms of providing the necessary access. Ms. Smiley:Thank you very much. Mr. Wilshaw:Any other questions for our Planning staff? May 14, 2019 29094 Mr. Bongero:Mark, Jerome from the Building Department was sayingabout a fence. Mr. Taormina:That is a requirement in the ordinance for this type of use. I think that was discussed briefly at the meeting. It was indicated by the representative from U-Haul that security at this location has not been an issue.They feel that a fence is not necessary so they would seek a waiver from the City Council, depending on what your recommendation is. Mr. Wilshaw:Any other questions? Seeing none, if the Petitioner is here, please come forward. Good evening sir. Jamison Rabaut, 12067 Boston Post, Livonia, MI 48150, I have never done this before so… Mr. Wilshaw:We’ll go easy on you (laughs). Mr. Rabaut:This is my first time. My Mechanics Place is a unique business plan where we provide the services for people who do work on their vehicles themselves.The business is kind of a la carte business. U-Haul is providing a huge service to the community by giving the opportunity to our customers to get their cars there, to and from, car haulers, and auto dollies. It provides a service to the whole community. As you can see, we have a petition there of many names. Our customers and neighbors around us seem to approve of us. We haven’t really seen any incidents of increase in crime or anything like that. I don’t really know what else to say. We have a privacy fence up there. At the U-Haul services, we have the opportunity for 24 hour drop off. Having it enclosed and locked, a gate would be detrimental to its operation. I don’t have anything else to say. Mr. Wilshaw:That was a perfectly good presentation Mr. Rabaut. Mr. Rabaut:Thank you. Mr. Wilshaw:We will see if there are any questions for you from any of the commissioners. Any questions? Ms. Smiley:Am I understanding that you are going to ask for the waiver to not put up a fence right? Mr. Rabaut:There are currently poles that are sunk in. May 14, 2019 29095 Ms. Smiley:I see them on the picture. Mr. Rabaut:Those prevent vehicles from being pulled from the lot. Other than that, there is a gate there but we don’t close it because of the 24 hour drop off. Ms. Smiley:None of your neighbors have had any complaints about any of this? How long has it been going on? Mr. Rabaut:We inadvertently entered into the contract with them unknowing that we would have to go through this process. We are just trying to comply with the requirements of the City of Livonia. We have been operating for about two years now. Ms. Smiley:With no incident? Mr. Rabaut:No incident. Ms. Smiley:Thank you sir. Mr. Ventura:Ms. Smiley asked my question. Mr. Wilshaw:Do we have any other questions for our Petitioner? Mr. Bongero:How are you? I met you there a couple weeks ago. In the back lot you had said that some of the vehicles stay there for an extended period of time and that you don’t want that. You don’t want that because you want to see those vehicles being repaired and taken out in a timely manner. Mr. Rabaut:That is correct. Mr. Bongero:You were also talking about instituting a policy where there is a time limit. 30, 60, 90 days to get it out or you are going to get it out. Are you still considering that? Mr. Rabaut:What we do is maintain an open dialogue with our customers for their needs. We do offer them opportunities to do some short term storage outside while they are waiting for an engine or transmission or some component of their vehicle. It has been our experience in the three and a half years that we have been there that once and a while somebody isn’t honest and I end up with a vehicle. So we now offer the storage for 30 days and then we review that at the end of 30 days if they still need it. It May 14, 2019 29096 will go up to, I don’t know…I haven’t really gone beyond 90 days because after 90 days I feel they are being disingenuous. We contact Livonia Towing, they mark it, and we have it removed from the property. We were asked to not have a junk yard back there. Mr. Bongero:I was there today. It looks even better than a couple weeks ago. Mr. Rabaut:We are currently involved in spring clean up so we are trying to get rid of all of the vegetation knocked back and the parking lot covered. Mr. Bongero:If you go to Council for the waiver on the fence and they want a fence, is that a deal breaker for you or are you going to do it? Mr. Rabaut:This is my dream, so….no it isn’t a deal breaker. Mr. Bongero:Thank you Mr. Wilshaw:Any other questions for our Petitioner? Seeing none. Mr. Rabaut, just one more question. I think we asked this at the study meeting,but I wanted to get it on the record. What percentage of your total business is based on the U-Haul operation? Mr. Rabaut:Currently, U-Haul is running about 25%of our revenue. Mr. Wilshaw:Good. Thank you. I appreciate that. Anyone in the audience wishing to speak for or against this item? Sir, please feel free to come forward. Nick Nichols, 50547 South Tyler, Plymouth, Mi, I would just like to add that I have been a long time customer of J’s. I have worked on my vehicles at his garage and as far as the issue that comes up about the storage behind his building, I have had dialogue about my vehicle which was stored there for an extended period of time. I just wanted to add that he does talk to all of his customers about their vehicles. He has no intention of keeping a junk yard back there. I recently moved my vehicle out. It is relatively organized back there as you saw recently also. That is all I wanted to add. Mr. Wilshaw:Excellent. Thank you for coming. Anyone else wishing to speak on this item? I don’t see anyone else. Mr. Rabaut, we always like to give you the final word. Is there anything else you May 14, 2019 29097 would like to add? Your all set. Okay, good. With that we will close the public hearing and a motion would be in order. On a motion by Smiley, seconded by McCue, and unanimously adopted, it was #05-39-2019RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 14,2019, on Petition 2019-03-02-04, submitted by My Mechanics Place requesting waiver use approval pursuant to Section 11.03(k) of the City of Livonia Zoning Ordinance #543, as amended, for the outdoor storage and rental of U-Haul trucks at 35655 Plymouth Road, located on the south side of Plymouth Road between Yale Avenue and Levan Road in the Northeast ¼ of Section 32,the Planning Commission does hereby recommend to the City Council that Petition 2019-03-02-04 beapproved, subject to City Council approval and the following conditions: 1.That the outdoor storage of U-Haul trucks and trailers shall be limited to the designated location as shown on the site plan received by the Planning Commission on March 29, 2019; 2.That the outdoor storage and rental of U-Haul trucks at this location shall be permitted provided that the Zoning Ordinance standard set forth in Section 11.03(k)(6) requiring that the display area be enclosed with a fence is waived by the City Council; 3.That the total number of trucks and trailers to be stored and displayed outdoors at this location shall not exceed twenty (20), and that no trucks or trailers shall be displayed closer than twenty feet (20’) to the front lot line; 4.That all light fixtures shall not exceed twenty feet (20’) in height and shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadways; 5.That the rear parking lot shall be cleaned to the satisfaction of the Inspection Department, including the removal of all debris and weeds and the trimming of existing trees along the back wall. All dead, dying or diseased plant material shall be removed and replaced with new plant material, and all gaps along the rear property line where evergreen trees or shrubs were previously removed shall be replaced; May 14, 2019 29098 6.That 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; 7.That there shall be no outdoor storage of auto parts, scrap material, waste petroleum products, junked, unlicensed or inoperable vehicles, or other similar items in connection with this operation; 8.That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows; 9.That no overhead speakers will be used outside the building; 10.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; 11.That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time an occupancy permit is applied for; and 12.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 ONLYfrom 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, 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. FURTHER RESOLVED,that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, asamended. Mr. Wilshaw:Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. May 14, 2019 29099 Mr. Wilshaw:In my enthusiasm of getting the meetinggoingI did neglect to note that item #5, which is the sign request for Bob’s Discount Furniture, per the Petitioner, has been postponed to a future meeting. It will not be discussed this evening. So, with that we will go back to our regularly scheduledagenda and item #2. ITEM #2PETITION 2019-04-02-05 Piano Shoe Properties L.L.C. Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2019- 04-02-05 submitted by Piano Shoe Properties L.L.C.requesting waiver use approval pursuant to Section 10.03(j) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Micro Brewer license, including redeveloping the site, expanding the parking lot and modifying the exterior façade of the existing building, in connection with the operation of a brew pub(Piano Shoe Brewery) at 27717 and 27719 Seven Mile Road, located on the south side of Seven Mile Road between Inkster Road and Harrison Avenue in the Northeast ¼ of Section 12. Mr. Taormina:This is a request to operate a Micro-brewery in connection with the redevelopment and reuse of a site that is located at the southeast corner of Seven Mile and Deering. This site is about a ¼ mile west of Inkster Road. It is a relatively small site. It is under ½ acre, .45 acre. It has 115 feet of frontage on Seven Mile Road and approximately 170 feet along Deering. The zoning is C-1 (Local Business), and relatively new to the C-1 regulations is a provision under section 10.03(j), which allows establishments having liquor licenses, including Class C,Small Distiller and Micro-brewer. Licensedmicro-brewers, which produce less than 1000 barrels per year,can qualify to sell direct to licensed Michigan retailers. They can also sell beer to consumers for consumption on the premises as well as for take-out and offer free samples. There are a number of special requirements that pertain to this type of use. The first is that they must not be located within 1,000 feet of any other such licensed establishment. There are two Class C licensed business within 1000 feet of this site. The first one is on the north side of Seven Mile. It is about 267 feet west and that is the Corsi’s Restaurant andBanquet Hall. Located on the south side of Seven MileRoad about 400 feet west of the site is the Up-NorthCraft Bar which is the former Sands lounge. The City Council will have to waive the separation requirementin both cases. Another requirement under section 10.03(j)3 is that no micro-brewer shall be located May 14, 2019 29100 with 400 feet of a church or school. There are no churches or schools within these 400 feet. The site contains, as you can see from the existing survey, a small commercial building as well as a parking lot, that is located at the north end of the property adjacent to Seven Mile Road. The balance of the site is undeveloped and maintained as a lawn. The existing building will remain and will be used mainly for the brewing operations as well as for indoor seating for customers. Additional seating would be available in an outdoor biergarten that would be created on the east side of the building. This biergartenwould measure roughly 36 feet by 59 feet for a total of 2,124 square feet. The existing parking lot, which is located adjacent to the east side of the building, would remain. It only contains two parking spaces so a new parking lot would be created on the south portion of the property, that would contain a total of 19 parking spaces. Access to this new parking lot would be from a single driveway located off Deering Street. There is a six-foot-widesidewalk that would connect the new parking lot to the side of the building. Screening would be provided along the south property line between the new parking lot and the adjacent residential property, that would consist of a seven-foot-highwall, as well as landscaping. A new concrete approach would be created off of Deering on the south side of the buildingthatwould mainly be used to accessthe rear service area, which includes a loading zone and a dumpster enclosure. Inside the building would be the brewingoperations that would occur at the back half. There would be a small bar area as well as room for additional customer seating and bathrooms. The area located in the front of the building would have tables and seating for 18 persons. The bar area would have nine bar stools and the remaining back half of the building, as I indicated, would contain the brewing area. Through the bar would be an access door that would go right directly to the biergarten. The biergarten itself would be a combination of pavers and grass. This area would be enclosed by a four-foot high decorative metal fence. There will be seating available for an estimated 30 persons. Between the parking lot and the biergarten would be a bioretention area. This would be used to manage the sites storm water runoff. There is an additional smaller bioretention area that is shown in the northeast corner of the site. In terms of parking and customer seating, it would include 27 inside the building and 30 within the biergarten. The required parking would be 24 spaces. This includes one space for every two seats inside the building and one space for every 3 seats outside thebuilding. This does not include employees. The 21 parking spaces shown, altogether on the site, result in a May 14, 2019 29101 deficiency of three parking spaces at least. The Petitioner has indicated in his letter to you that he is pursuing an arrangement with the neighboring commercial business to rent parking spaces. Looking at the building itself, the exterior would be modified. It is currently a masonry block that would be repaired and repainted. There would be an existing mansard roof that is on the front of the building that would be removed. A new door and new window would be installed on the east elevation, as well as a new canopy that would be over a portion of the sidewalk. This is a rendering showing what the building would look like, general speaking, after the renovations are complete. In terms of landscaping, a fully detailed landscaping plan was submitted with the application. Green space on the site constitutes roughly 40% of the property. That is well above the 15% that we look for as a minimum. The majority of the new plant material would be located both on the north and the south sides of the biergarten for screening, as well as within the bioretention area and then behind the building to screen the service area, and lastly along the south property line in conjunction with the wall. That wall as I indicated has been modified. Originally it was five feet in height. That has been increased to seven feet in height, although we do not have details at this time. Lastly, in terms of signage, this business would be allowed one wall sign equal to one square foot per one foot of frontage. There is no ground sign allowed due to the non- conforming setback of the building. Any addition signage would have to go back before the Zoning Board of Appeals for approval. 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, datedApril 15, 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 waiver use at this time. The existing parcels are assigned the addresses of #27717 and #27719 Seven Mile Road.The legal descriptions provided appear to be correct and should be used in conjunction with this petition.The existing parcels are currently serviced by public utilities, and no disruption to the existing service leads is planned. The developer has been in contact with this Department and is aware of the site plan requirements including storm water detention and the requirements for certifying that the storm sewer outlet has the available capacity to handle the additional flows from the site. It should be noted that the developer will also be May 14, 2019 29102 required to obtain Wayne County permits for any work within the Seven Mile Road right-of-way. We will provide a detailed review once full Engineering site plans have been submitted for approval. ”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 22,2019, which reads as follows: “This office has reviewed the site plan submitted in connection with a request to utilize a Micro Brewer license, including redeveloping the site, expanding the parking lot and modifying the exterior façade of the existing building, in connection with a limited service restaurant 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 16,2018, 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 Inspection Department, dated April 30,2018, which reads as follows: "Pursuant to your request, the above referenced Petition has been reviewed.1. Parking spaces shall be 10’ wide and 20’ deep and double striped.2. The Commission and/or Council may wish to address exterior lighting on this property. This Department has no further objections to this Petition. I trust this provides the requested information.” The letter is signed by Jerome Hanna, Director of Inspection. The fifthletter is from the Finance Department, dated April 16, 2019, 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 the proposal.” The letter is signed by Coline Coleman, Chief Accountant. The sixthletter is from the Treasurer’s Department, dated April11,2019, 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, I have no objections to the proposal.” The letter is signed by Lynda Scheel, Treasurer. The next letter is from the Assessor’s Department, dated April 12, 2019, which reads as follows: “The petition submitted by Piano Shoe Properties L.L.C., involves two individual Tax Parcels. The current owner on Livonia’s Tax Records is 7 Mile Livonia Center LLC. If the ownership has transferred, Michigan Law requires the buyer to bring a copy of the Property Transfer Affidavitto the local Assessor’s Office. The owner of the property will need to apply for a combination of the two parcels in conjunction with this petition. “The letter is signed by Mary Ciolino, Department of May 14, 2019 29103 Assessing.The next letter is from Department of Public Safety, dated April 17, 2019, which reads as follows: “We reviewed the plans submitted by Piano Shoe Properties L.L.C. requesting waiver useapproval, pursuant to Section10.03 (j) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Micro Brewery license, including re-developing the site, expanding the parking lot, and modifying the exterior facade of the existing building, in connection with a limited service restaurant (Piano Shoe Brewery) at 27717 and 27719 Seven Mile Road, locatedon the south side of Seven Mile Road, between Inkster Road and Harrison Avenue, in the northeast quarter of Section 12. After conferring with the Chief of Police, we have identified the following issues for consideration. Both Corsi's Restaurant & Banquet Hall, located at 27910 Seven Mile, and Up North Craft Bar, located at 28001 Seven Mile, hold an active Class C liquor license and are well within the one thousand (1,000) foot separation requirement distance of the proposed site. We ask that City Councilgive significant consideration for approval or denial of this waiver use request.” This is letter is signed by Jeffrey Ronayne, for the Chief of Police, he is from Special Services Bureau.Lastly, we have a letter from a resident, Cheryl Kassak, dated May 9, 2019,which reads as follows: “I am writing concerning the request for waiver use approval in the above- mentioned petition. My family and I are not able to attend the hearing scheduled for May 14th as we are scheduled to be out of town and therefore, I'm writing to voice our concerns. Our property located at 19004 Deering Street adjoins the property being considered in this petition on its southern property line. My family has owned and resided on this property since approximately 1970. Weare a very close family and our summers are spent together outdoors barbequeing, swimming and entertaining for birthdays, holidays and weekends. I have young granddaughters who spend entire summers in our backyard. We love being Livonia residents and plan to continue so. Our concerns with the filed petition and proposed development are safety, privacy and noise/light intrusion. A micro-brewery with an outdoor "beer garden" area will have many people coming and going, but more importantly they will mostly be "staying" in an outdoor area drinking alcoholic beverages. We have been advised that there will be outside "games" provided for entertainment such as corn hole and Jenga. As you know, when people aredrinking at a bar, they tend to be loud. This is fine for most, unless it is 12:00 a.m. and you happen to live right next door to the "beer garden," as my home will be if this is permitted. The plans indicate that parking is located directly in front of the May 14, 2019 29104 proposed five foot high false brick screen wall We feel because a major portion of the parking will be against the part of our property which is our outdoor living space (where our family will be enjoying outdoor activities), a five foot wall with nothing between the wall and the vehicles would not block guests of tl1e brewery from viewing those activities (especially from tall trucks) or possibly accessing our backyard. We request that a seven-foot wall be erected with the addition of tall shrubbery/evergreens planted on our side of the wall, and the existing chain link fence be removed. Although we would request that the initial expense of the shrubbery along the wall be borne by the brewery, in the spirit of cooperation, these plantings would be installed and maintained by us. If a seven foot wall is not possible, we would request that there be a grassy area with tall shrubbery/evergreens planted on the brewery side between the vehicle parking and the five foot wall to dissuade unwanted viewingand curiosity and to buffer any noise from the vehicles, as well as lights from the vehicles and building. We also request, due to the fact that we have a deep lot, that the proposed grassy areas at the east end of the parking lot also include some type of tall shrubbery/evergreen that would block the noise of the vehicles and beer garden activities. I spoke with Mark Taormina and received correspondence from Andrew Schumacher who both indicate that the hours of operation were going to be only on weekends and would close at reasonable hours for a neighborhood. However, during those hours the outdoor guests will be playing games and drinking. That, we believe, necessitates the seven-footwall and all the grassy areas with shrubbery/ evergreens sufficient to shield our backyard use. We believe, if the balance of the proposed plans are adhered to, that hours of operation are within limits deemed reasonable for a residential neighborhood and as specified in Mr. Schumacher's correspondence and our requested modifications are implemented, it will provide for a more agreeable existence between the Piano Shoe Brewery and our home. Thank you.” That letter is signed by Cheryl Kassak, 19004 Deering, Livonia, MI. Thank you Mr. Wilshaw:Are there any questions of the Planning Director? Mr. Ventura:Mr. Taormina, are you aware of any factor that would prevent the retention area in the parking area to be switched. In other words, that the retention area be adjacent to the home and the parking area be adjacent to the biergarten? Is the anything, that you know of, that would preclude that? May 14, 2019 29105 Mr. Taormina:The one factor,and I don’t know if it is shown on any of these plans,is the proximity of the storm outlet from bioretention #2. That is the main area that you are referring to and I know that the outlet for that bioretention area is due west. Whether or not there is a limitation by moving itfurther to the south based on the grades or the slope of the pipe, I don’t know.I am not aware of something that would prevent that. Mr. Ventura:So it is possible? Mr. Taormina:It may be possible from a hydrologic standpoint. Mr. Ventura:There are a number of site plans in our package tonight. One of which shows heavily planted area adjacent to what I am assuming is a seven-footwall. So what site plan are we really looking at? Site plan with the plantings? Mr. Taormina:Yes. I think we will hear this from the Petitioner shortly, but they have made changes based on the communication that he has had with the neighbor tothe south. In response to her concerns aseven-footwall has replaced the original five-footwall. That would be a masonry wall. In addition,there has been some shift to the parking lot.Four feet to provide some additional space for planting shrubs on the north side of that wall, I believe that is what is shown. I know she indicates that she would prefer those to be on the south side of the wall on her property, but these shrubs are shown on the north side of the wall. I have also indicated to Mr. Schumacher that they can achieve at least four more feet of distance/separation by reducing the depth of theparking stalls from 20 feet to 18 feet on both sides because there is no interference with sidewalks. That is something we allowdespite what Inspection indicated that the minimum size had to be 10 x 20, In this case we can live with 10 x 18-foot-deep spaces, because again there is no interference with public walkways. Mr. Ventura:Thank you. Mr. Wilshaw:Any other questions for our Planning staff? Mr. Caramagno:Mark, is a seven-foot wall a typical thing? I don’t remember hearing about seven-foot walls. Mr. Taormina:We see them occasionally, but the standard, general speaking, is five feet, but the ordinance does specify five to seven feet. May 14, 2019 29106 Mr. Caramagno:Ok, thank you. Mr. Wilshaw:Any other questions? I don’t see any. The Petitioner, I believe, is here. Good evening sir. Please start by stating your name and address. Andrew Schumacher, 17555 Dolores Street, Livonia, MI 48152, I do have a usage intent that I think will help answer some questions. Mr. Wilshaw:Please go ahead. Mr. Schumacher:The primary intent of this property is to manufacture beer for sales through distribution. As Mr. Taormina already stated, under the MLCC license, a qualified micro-brewer under 1000 barrels of production per year can sell directly to retailers. The brewing process that we would use would actually produce relatively few fumes and waste. The humidity would be controlled by a track system. The waste grain would behandled separately from the normal trash. Brewing fermentation, storage, and packaging would all occur in the building, not outside on the property. As part of the license, as he said, free samples on premises for consumption and take-out purchases are allowed as well. Our vision with the tap room is to have a family friendly space for friends to gather and spend time. We envision people playing board games and card games as a way to pass the time as they talk. I grew up traveling to Germany with my family. Half of them are from Germany and live there. This idea for this space is influenced by the biergarten culture there. It is a community space where all ages are welcome, and it is a place to sit outside and mingle when the weather is nice. The purpose of the outdoor seating area is to provide a space for everyone to sit. So, everyone can be outside if they choose. It is not necessarily to double the numberof seats we have on the site. To accommodate the number of seats, we have reached out to adjacent business owners to talk about renting space from their parking lots. We think they are agreeable. We are still in communication, but as their hours are during the daytime and ours would be during the evening and night, there should not be any overlap or a pressure for the space, taking away from their space. The hours of operation…. we are planning to go Thursday thru Sunday. Pretty much in the eveningon Thursday and Friday, and then noon to evening on Saturday and Sunday. The outdoor hours will end by 10:00pm every night and the indoor hours on Friday and Saturday would go all the way until midnight, May 14, 2019 29107 otherwise 10 o’clock. As for noise and disturbances, we are not going to have any outdoor music or any live music. We might play some quiet ambient music inside. Lighting will be directed away from neighboring properties and will try to go to the center as much as possible anduse ground lighting for path illumination. Thank you Mr. Wilshaw:Thank you Mr. Schumacher. I believe you told us a little bit at the study meeting, but can you tell us a little bit about why you have decided to get into this business or what your background in this business is? Mr. Schumacher: We are interested in it because both myself and Nathan, who couldn’t be here tonight from a medical issue, got our degrees from University of Michigan through chemical engineering and so it is a very interesting craft for us because it is acombination of the kind of art of brewing with the science of chemical engineering.It just happens to be something that we can enjoy and share with people and have a good time experimenting with. Mr. Wilshaw:Any questions for our Petitioner? Mr. Long:First of all, I love the idea of brewing through chemistry. That is a wonderful plan. I applaud you for working to address the concerns of the neighbor. I guess I have just one question about the biergarten. You commit to not having any outdoor music. Mr. Schumacher: That’s correct. Mr. Long:So while the games are going on, you don’t want anything going on there? Mr. Schumacher: No we aren’t planning on it. Mr. Long:It doesn’t seem like a good mix, but I guess you know your business better than I do. The lighting….I think I saw one of the pictures here where you are going to have…..are you going to have lighting strung across? Did I see that correctly? Mr. Schumacher: Yes, they are going to be strung across on 10-footposts so they are outof reach and jump height. Mr. Long:So,it would be high enough where you don’t have to worry about that and it will be low enough where it won’t interfere with the neighbors. May 14, 2019 29108 Mr. Schumacher: Yes.. Mr. Wilshaw:Any other questions for our Petitioner? Mr. Ventura:Mr. Schumacher, you have worked hard to answer questions that were we presented to you at the study session. I would like you to address the reason you have the parking next to the neighbor and the retention pond, basically landscaping, next to the biergarten and why that can’t be switched. Have you investigated that? Mr. Schumacher: I personally thought that it made more sense to push the bioretention closer to the neighbor and keep the parking in the middle. The site engineer that drafted these drawings thought it was better for the bioretention to be in the center for grading plans to be able to manage the rainwaterthe most efficiently. I have asked him since the study meeting whether it can be put on the south side again and he saidit wasn’t possible just due to the grading and drainage. Mr. Ventura:Thank you. Mr. Wilshaw:Clearly,they are chemical engineers not civil engineers. Mr. Bongero:One question. Itkind of goes back to Mark. Across the street there is a beer store. It looks like it has been closed, I don’t know….everything is up. It looks like it is still open, but I don’t think it is. Is it Mark? Is that business no longer there? If so, is anybody going to open it up? Obviously, it was beer right across the street. Is that active? Mr. Taormina:The answer is no. You are referring to…..I think it may even have the sign up there. Mr. Bongero:It does. It looks active. Mr. Taormina:The license left that location a long time ago and there are no plans that I am aware of to bring a license back there. That would not be contrary to the ordinance separation because that would be for consumption off the premises solely. That was an SDM license at that location previously. It was only for the sale of packaged beer and wine products. Mr. Bongero:It looks like you’re saving them trees on the site? May 14, 2019 29109 Mr. Schumacher: Yes,we want to save them. Mr. Bongero:It’s a great plan. Thanks. Mr. Wilshaw:Any other questions for our Petitioner? Seeing none we will go to our audience and give them a chance to speak. We will have you back up here shortly Mr. Schumacher. Anyone in the audience wishing to speak for or against this item? You have a few people wishing to speak on this item. Either podium is fine. Please state your name and address. Kevin Doran, 9837 Sunset, Livonia, MI 48150, I am here representing the property immediately east. It is the Livonia Masonic Temple at 27705 Seven Mile Road. Our parking lot shares the lot line with the proposed site. Parking is our main concern. When we have larger events,our parking is already inadequate and what I am hearing this evening is that this site plan has a deficiency in parking. If the parking isn’t….and I know the ordinance doesn’t require it, but if their parking isn’t at capacity, we are worried that the patrons will use our parking lot. We don’t want to be bad neighbors. We really don’t want to gate off our parking lot. That creates a major inconvenience for us. We have no desire of going to the Draconian methods that stores and other….our goal is to be a good neighbor in the city. We need to figure out a way that our parking lot doesn’t become their parking lot. That is our major concern. I missed, there was a blip in the mic system for the outdoor seating.I missed the total number that was planned for outdoor. Mr. Wilshaw:I think Mr. Taormina can refresh your memory on those numbers. Mr. Taormina:Mr. Schumacherhas indicated that seating would be available for 30 people in the outdoor portion of the operation. Mr. Doran:I remember a parking number in the low 20’s, where that creates our concern that our parking lot will become used as their parking lot. Not by their desire, but it’s conveniently located if things aren’t done to make it inconvenient for his patrons. Mr. Wilshaw:Sure. Mr. Doran:So, that is our major concern. As an organization, we have no for or against the use of the site, other than we were hoping to, at May 14, 2019 29110 one time, buying it to increase our parking. The owner of the building was not willing to go that route. Mr. Wilshaw:I see. Mr. Doran:That is our major concern and I thank you for allowing me to address this Commission. If possible, can I get these a copy of these site plans to share with members of our lodge? Mr. Wilshaw:Yes you can. You can contact our Planning Department. You can call City Hall and ask for the Planning Department and they can email or get you copies of anything you might need. You can call 734-466-2200. Mr. Doran:466-2200 Mr. Wilshaw:Just call that during the day and ask for Planning. Mr. Doran:That’s the city number? That’s why it looked familiar. Mr. Taormina:Mr. Schumacher can provide youa copy. Mr. Wilshaw::Yes, Mr. Schumacher may have a copy for you as well. In any case, everything is freely available. Make sure you get a copy from the Petitioner or from the city. We do have someone with a question. Ms. Smiley:What are your hoursof operation? Mr. Doran:Well, it varies. We are predominately during the week, but our large social events, which are six to eight times a year, will happen on a Saturday. We end up parking down the street in the neighborhood. If any cars drifted from next door that would be a major problem. Overallit wouldn’t be an issue, other than we would want to dissuade people from using our parking lot for those instances when we do need it. Ms. Smiley:Certainly, thank you. Mr. Wilshaw:Mr. Doran, just a couple comments on what you said. We will have the Petitioner come forward and talk about the parking issue a little bit more to answer your question about his intent in terms of working with the neighbor to his west to get a shared parking arrangement. Just so you know that when we talk about the number of patrons that may be inside or outside the building, we May 14, 2019 29111 have a formula of, a ratio of either two to one or three to one that we use to determine if the parking is adequate. That is assuming that every single person that comes there is going to come in a separate vehicle. Mr. Doran:I understand that. I just know that there will be occasions when a lot of people come in one vehicle and with the immediate proximity of our parking lot…I know things will bedone with the lot line, but there is a skeleton of a three-foot fence that is easily stepped over by an average height person. There is no barrier in the front to prevent walking fifteen feet and then you’rein the property next door. Mr. Wilshaw:We will talk to the Petitioner about it and hopefully calm your nerves on that one. Mr. Long:Do you have a wall on the south side of your property and if so, how tall is it? Mr. Doran:On the south side? The only walls are the building. Mr. Long:Ok. Mr. Wilshaw:Anything else Mr. Doran? Mr. Bongero:Would you have any willingness to talk to Mr. Schumacher to talk about the parking? Mr. Doran:In the nature of being a good neighbor, we are willing to talk and work things out. Mr. Bongero:Parking,right? Mr. Doran:We received a letter and the only information that we have is the article in the Livonia Observer. We are here to address our concerns and where we can go forward. Absolutely. Mr. Bongero:If he approached you, you would consider an agreement on both parties? Mr.Doran:I imagine we could work something out, but I needed …..in order to get that process started I needed to be here to voice the concerns. Mr. Bongero:Thank you. May 14, 2019 29112 Mr. Wilshaw:Thank you, Mr. Doran. That is exactly why we have these meetings. It is an opportunity for you to come and express your views and your concerns. The things on your mind and to also see this item for the first time as well. Hopefully, we can answer your questions and give you some peace of mind, and also open those doors to dialogue with the Petitioner and the city if you need any information. Thank you for coming. Mr. Doran:Thank you. Mr. Wilshaw:Anyone else wishing to speak on this item? Sir, please step forward. Ivan Meyette, 18811 Foch, Livonia, MI, 48152, I am kiddy corner to where this proposed micro-brewery is being built. Directly behind the Masonic Temple.My main objection is to a wall, any kind of wall they might put back there. I know city ordinance whatever, they want a wall at least five feet. The problem being with putting a wall up there…we have like, Mother Nature has created, a wind tunnel that goes back there that brings a nice breeze through the neighborhood and stuff and everything. It keeps the houses and everything cool and refreshing. It keeps us in the old-time neighborhood deal and stuff and everything. Masonic Temple, Council is trying to force them to build that five-foot wall and stuff. We all in the neighborhood have supported to not have that wall put up for basically that purpose. I have no objection against the micro-brewery or what he intends to do, but I was wondering if there was any other way that we could design something that wouldn’t block off the air flow and stuff and everything. Also,I know he is going to have put up security lighting and stuff out there and I am wondering how far those lights can spread out through the neighborhood and that stuff and everything. I don’t believe that it will be a real noisy establishment, but you know whenever you get to gathering together people having a good time it is going to get a little loud every once and while. We can put up with it every once and while and stuff, but I still want to keep the antiquated antique petition of the neighborhood and stuff and everything. Mr. Wilshaw:Right, you don’t want to seeany significant changes that would block the wind. Mr. Meyette:Yeah, so we have had it since I lived there for 40 years and stuff. It has been fairly quiet and peaceful neighborhood and stuff and May 14, 2019 29113 everything. If his business is successful in doing what he plans on doing and stuff, which I hope he is, but he is goingto have an overflow problem with the parking and stuff. Eventually going end up not only in the Masonic Temple or across the street, but definitely down the street of Deering and stuff and everything. People are a creature of habit. They are going to take the shortest route possible to get to where they are going. Mr. Wilshaw:Yes, they do. Mr. Meyette:Other than that, I have no other misgivings about it. Mr. Wilshaw:Thank you, sir, for coming. I don’t believe there are any new walls proposed as part of this. I think you are ok there, and in terms of lighting we are always very careful that businesses don’t shine lights outside their property. Now with the new LED lighting, it makes it much easier to focus lighting onto the property,so it doesn’t shine into your backyard or anyone elses. I think that will be okay. Thank you for coming and expressing your views. We really appreciate it. Mr. Meyette:Thank you. Mr. Wilshaw:Is there anyone else in the audience wishing to speak for or against this item? I don’t see anyone else. Mr. Schumacher, if you would like to please come forward, we again always like to give you the last word, but also you have the chance to hear from a couple residents about parking concerns and so on. If you would liketo address those things, you are free to do so. Mr. Schumacher: Sure, I have a couple comments on both points. As for the overflow parking, as the neighbor mentioned, human nature is going to go to the easiest path. The next easiest one, that would beacross the street at the other businesses. There are 17 parking spots there and then down the street would be the next option if everything else was full. The entrance to the Masonic Temple is not so easy to get to. It is actually out on Seven Mile around and you actually have to go on Goff Street to get into it I believe. It is not an obvious entrance, and I hope that helps to squash some concerns. I do also plan on having a bike rack there, just of note, for people to bike to the property because it is that kind of neighborhood. I also happen to live in the neighborhood,so I have been taking the idea of someone moving into my neighborhood and starting a brewery very courteously. I am trying to have as minimal impact on the neighborhood as May 14, 2019 29114 possible. We will see what we can do and what the city says about a wall and maintaining a breeze or maintaining privacy with the neighbors. We will do everything we can with lighting to be discreet. Mr. Wilshaw:Thank you, we appreciate your comments. Any additional comments for our Petitioner while he is up here? Mr. Ventura:Mr. Schumacher, you say you are working with, your words, businesses adjacent to yours on parking. Mr. Schumacher: I have reached out. Mr. Ventura:So, do you have any contractual agreements that guarantee you that your customers can park on someone else’s land? Mr. Schumacher: Not at this time. Mr. Ventura:How far away do think you are? Mr. Schumacher: Likely two to three weeks. Mr. Ventura:What happens if you areunable to secure that? Let’s just say that the people you are working with finally say we want to rent an uneconomic rent, for you, for the space and you walk away. Then what? Mr. Schumacher: We would have to scale down the seating. Mr. Ventura:Do you think you can have some indications, confirmed indications, of you arrangements with the adjacent property owners for parking by the time you get to City Council? Mr. Schumacher: I hope to, yes. I hope to work through the City to understand who those business owners are instead of working through renters to get to the landlords. Mr. Ventura:Thank you. Mr. Wilshaw:Any other questions for our Petitioner? Mr. Taormina:Regarding the issue of parking, the prepared resolution does recognize that thereis a deficiency, so depending on the direction that the Planning Commission would like to go on this, whether they would direct him either to the Zoning Board of Appeals or May 14, 2019 29115 scale back the seating, the resolution makes the adjustment to match the number ofparking spaces that are currently on site. You could append to that, either an option if he took it back to the original plan seating count, should he secure an agreement with the neighboring businesses, or secure a variance from the Zoning Board of Appeals. I just wanted to point that the resolution as prepared does make a slight adjustment. It has24 seatsin the brewery building which would require 12 parking spaces and 27 in the biergarten which requires9 parking spaces. That would bring the total to 21. That doesn’t include employees,but I believe Mr. Schumacher has indicated that there are only two employees. Mr. Schumacher: At this time, yes. Mr. Taormina:Very limited amount of employees at thistime. Mr. Wilshaw:Thank you for that information Mark. Mr. Taormina:I don’t know if he has any objection to that. If that is okay with him. If that seating adjustment would be acceptable to him or not at this point. Mr. Wilshaw:Before we go and get any motions, it would probably make sense to ask Mr. Schumacher how hefeels on that. If you are ok with the reduced seating count to have conforming parking or you would seek a variance from the Zoning Board of Appeals. Mr. Schumacher: I think it is very reasonable to have that reduced and seating inside and outside. Mr.Wilshaw:Ok, Thank you, sir. Any other questions, comments, before we close this public hearing. Ok, with that I will close the public hearing. Thank you, Mr. Schumacher for coming forward again. I will look for a motion on this item. On a motion by Long, seconded by McCue, and unanimously adopted, it was #05-40-2019RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 14,2019, on Petition 2019-04-02-05 submitted by Piano Shoe Properties L.L.C. requesting waiver use approval pursuant to Section 10.03(j) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Micro Brewer license, including redeveloping the site, expanding the parking lot and modifying the exterior façade of the May 14, 2019 29116 existing building, in connection with the operation of a brew pub (Piano Shoe Brewery) at 27717 and 27719 Seven Mile Road, located on the south side of Seven Mile Road between Inkster Road and Harrison Avenue in the Northeast ¼ of Section 12,the Planning Commission does hereby recommend to the City Council that Petition 2019-04-02-05 be approved for the following reasons or subject to the following conditions: 1.That the use of a Micro Brewer licenseat this location shall be permitted provided that the Zoning Ordinance standard set forth in Section 10.03(j)(2) requiring that there be at least 1,000 feet of separation between any other suchlicensed establishmentis waived by the City Council; 2.That the site plan identified as Drawing No. C-03 dated May 13, 2019, as revised, prepared by National Consultants and Engineering is hereby approved and shall be adhered to, except that the spaces in the parking lot may be reduced in depth from 20 feet to 18 feet in order to provide four (4) feet of additional greenspace along the south property line; 3.That the maximum customer seating count shall not exceed 24 inside the brewery building (requiring 12 parking spaces) and 27 in the beer garden (requiring 9 parking spaces), except that the seating is allowed to increase to 27 and 30, respectively, should the Petitioner be granted a variance from the Zoning Board of Appeals or secure a parking agreement with a nearby business for additional parking; 4.That the hours of operation shall be limited to the hours as set forth in Table 1 in the letter from Piano Shoe Properties, LLC, dated May 7, 2019; 5.That the landscape plan identified as LP-1 dated January 25, 2019 prepared by Nagy Devlin Land Design is hereby approved and shall be adhered to, except that evergreen trees and/or tall evergreen shrubs shall be planted between the wall and the parking lot for additional buffering; 6.That underground sprinklers are to be provided for all landscaped and sodded areas (but not including the bioretention basins) and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; May 14, 2019 29117 7.That the architectural elevation plan identified as Sheet No. PD2 dated February 25, 2019 prepared by Joseph Philips Architect is hereby approved and shall be adhered to; 8.That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall always be maintained and when not in use closed ; 9.That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including soil erosion and sedimentation control permits; 10.That all light fixtures shall not exceed twenty feet (20’) in height and shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadways; 11.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; 12.That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 13.That 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; 14.That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for, and 15.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 ONLYfrom 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. May 14, 2019 29118 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. Wilshaw, Chairman,declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #3PETITION 2019-04-02-06Taiji Relax Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2019- 04-02-06 submitted by Taiji Relax requesting waiver use approval pursuant to Section 11.03(u) of the City of Livonia Zoning Ordinance #543, as amended, to operate a massage establishment at 36155 Plymouth Road, located on the south side of Plymouth Road between Yale Avenue and Levan Road in the Northeast ¼ of Section 32. Mr. Taormina:This is a request to operate a massage establishment, which falls under the waiver use requirements of Section 11.03(u) of the Zoning Ordinance. This would be located at the LA Shopping Plaza which is on the south side of Plymouth Road between Yale and Levan Road. This site is about 4.8 acres in size. It has 480 feet of frontage on Plymouth Road. The shopping center itself is about 36,350 square feet in total area. As you can see it is an L- shape plaza with most of the storefronts facing Plymouth Road. Some face west toward Levan Road. This particular unit, as you can see from this graphic, islocated on the west half of the building. Theunit is about 1400 square feet in size. The layout for the massage establishment shows that there would be several semi-enclosed massage stations. There would be restrooms, as well as a front counter / lobby area. This is a change to the plan that was submitted to the Commission at the study meeting. The main change, and I believe it is also reflected in correspondence provided to the Commission, that the rooms that were originally enclosed with doors and walls, will now be semi-enclosed and if necessary curtains can be drawn for what they have indicated would be their female customers. There are a couple special requirements that apply to massage establishments. One is that they cannot be located within 400 feet of any other massage establishments. There are no other massage establishments within 400 feet of this location. The next special requirement May 14, 2019 29119 applies to the separation between schools, places of worship, state licensed day care facilities or public grounds. The Detroit Livonia Christadelphian Ecclesia Churchis located about 350 feet from the shopping center property, so this is going to require a waiver from City Council. There are no modifications proposed to the exterior of the building and they would be allowed one wall sign and parking is more than adequate at LA Plaza to support the proposed use.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 April15, 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 April22,2019, which reads as follows: “This office has reviewed the site plan submitted in connection with a request to operate a massage establishment 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 16,2019, 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 Inspection Department, dated April 30,2019, which reads as follows: "Pursuant to your request, the above-referenced petition has been reviewed. This Department has no further objections to this petition.” The letter May 14, 2019 29120 is signed by Jerome Hanna, Director of Inspection. The fifthletter is from the Finance Department, dated April 16, 2019, 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 the proposal.” The letter is signed by Coline Coleman, Chief Accountant. The sixthletter 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, I have no objections to the proposal.” The letter is signed by Lynda Scheel, Treasurer. Mr. Wilshaw:Are there any questions of the Planning Director? Ms. Smiley:Mr. Taormina, so there is no walls? Is this acupressure? I am confused on that. Mr. Taormina:I think we are going to assume that this is a massage….I think we covered that at the study meeting. This would fall under the definition of massage so we will operate under that premise. So your question regarding massage therapy…. Ms. Smiley:They won’t be in private rooms, they will be in…. Mr. Taormina:I am going to let the Petitioner describe …..I have the same information you have including the plan and the letter. From what I understand, they have eliminated the hard wall that would fully enclose these rooms and instead are proposing some type of curtain they can use at time. I will let them describe when and how that would apply. Ms. Smiley:Okay, thank you. Mr. Wilshaw:Any other questions for the Planning Staff? I don’t’ see any. Is our Petitioner here? Good evening. If you could please come forward to the podium. Will you start with your name and address? Ziujie Wang, 5791 North Ford Road, Canton, MI 48187/ Mr. Wilshaw:Is there anything youwould like to add about your business? Mr. Wang:No. May 14, 2019 29121 Mr. Wilshaw:Do we have any questions for our Petitioner? Ms. Smiley:You run the establishment in Westland,and this is going to be identical to that? Mr. Wang:The services we offer is the same. By the floor plan, like you saw there, is a little bit different. In Westland Mall, we are just separated by a curtain or something, but for this one we will have individual drywall,but we will have an open area. There is an area of no wall in front. By the way too, we may use curtain for female customer. We do have like 50% female,so we give them privacy. Women use curtains. Ms. Smiley:A little bit like an emergency room. How they have those curtains that you pull so you wouldn’t be able to see in there right? Mr. Wang:Sorry what is the question? Ms. Smiley:Somebody walking down the hall wouldn’t be able to see the person getting…. Mr. Wang:For females we use curtains. For male we do not. Ms. Smiley:Would females or males be wearing a sheet? Or is this more like pressure? Mr. Wang:Yes they will be wearing a sheet.For the back it will be exposed. Ms. Smiley:Ok. Thank you. Mr. Wang:Your welcome. Mr. Wilshaw:Any other questions? Mr. Ventura:Do the walls between the various stations go to the ceiling? How high are the walls? Mr. Wang:Its not go to the ceiling. Mr. Ventura:They do go? Mr. Wang:No they don’t. Mr. Ventura:How high do you think they are? May 14, 2019 29122 Mr. Wang:I am not sure right now, but I am thinking about maybe like the TV (pointing) or something like that? Mr. Wilshaw:Maybe about eight feet. Thank you. Any other questions for our Petitioner? Mr. Caramagno:Why are you thinking you need an establishment in this area? Do you have demand in this area? Mr. Wang:Yes, we do have some demand. We have some customers right now working in Ford Transmission Plant. We have some customers there. We also have some customers living in Livonia and they asked for it. Mr. Caramagno:Thank you. Mr. Wang:Your welcome. Ms. Smiley:How many employees do you think you are going to have? Mr. Wang:We are going to start out with two people. One will be my mom. We also have one people working in Westland Mall. He will be there also. Weare going to start with two, but we are thinking because it is a new business it will be kind of slow. When the business on track we may have more people work there. Ms. Smiley:Both the people there are licensed massage therapists? Mr. Wang:Yes. Ms.Smiley:Okay. Mr. Wilshaw:Any other questions for our Petitioner? I don’t see any questions at this time. Is there anybody in the audience that wishes to speak for or against this item? Seeing no one coming forward, Is there anything else you would like to add before we conclude or any other information that you would like to provide? Mr. Wang:Yeah. It is a family business and actually westart out like five years ago in Westland Mall. They gave us an opportunity and we work hard to build a reputation. Five years later we come to Livonia. We think it might be another good start. Mr. Wilshaw:Are you moving your business from the mall to this place? May 14, 2019 29123 Mr. Wang:No. It is expanding. Mr. Wilshaw:It’s expanding, so you will keep it in the mall also. Mr. Wang:Yes. Mr. Wilshaw:Thank you, sir. If there is no other questions? I think we have gone through that. I think we are all set, sothank you sir. We will make our decision. Mr. Wang:Thank you. Mr. Wilshaw:I will close the public hearing and ask for a motion. On a motion by Caramagno, seconded by Ventura, and unanimously adopted, it was #05-41-2019RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 14, 2019, on Petition 2019-04-02-06 submitted by Taiji Relax requesting waiver use approval pursuant to Section 11.03(u) of the City of Livonia Zoning Ordinance #543, as amended, to operate a massage establishment at 36155 Plymouth Road, located on the south side of Plymouth Road between Yale Avenue and Levan Road in the Northeast ¼ of Section 32, the Planning Commission does hereby recommend to the City Council that Petition 2019-04-02- 06 be denied for the following reasons: 1.That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2.That the proposed use fails to comply with the Zoning Ordinance standard set forth in Section 11.03(u)(3), which specifies that no massage establishment shall be located within four hundred feet (400’) of a church; 3.That the petitioner has not adequately established that there is a need for the proposed use in the shopping center; 4.That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the surrounding uses in the area; and May 14, 2019 29124 5.That the proposed use is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to ensure suitability and appropriateness of uses. 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: Ms. Smiley:I am concerned about its proximity to the church and I am not feeling comfortable with it yet I guess is what I am saying. I am going to support the denial. Mr. Wilshaw::Any other discussion? See no other discussion, if the Secretary will call the roll. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Wilshaw::Mr. Taormina, this is a waiver use…. Mr. Taormina:10 days. Mr. Wilshaw:The Petitioner will have 10 days in which to appeal this decision in writing to City Council. ITEM #4PETITION 2019-04-08-06Livonia Hotel Group L.L.C. Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2019- 04-08-06 submitted by Livonia Hotel Group, L.L.C.requesting approval of all plans required by Sections 18.47 and 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to construct a new six-story dual brand hotel (Aloft & Element) at 19265 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast ¼ of Section 6. Mr. Taormina:The property that is the subject of this petition is the site of the former Doc’s Sport Retreat, which is on the west side of Victor Parkway between Seven Mile and Pembroke. This property is 3.2 acres in size. It includes 193 feet of frontage on Victor May 14, 2019 29125 Parkway and approximately 312 feet along the I-275 expressway. This site is in the process of being rezoned from C-2 (General Business) to C-4I (High Rise Commercial). The C-4I designation allows buildings with a maximum of six stories. Council gave first reading on the rezoning on January 16, 2019. The second reading and roll call are on hold pendinga review of the site plan. Immediately to the north of this site is the Los Amigos Don Juan Restaurant, as well as Dave and Busters Arcade and Bar. Those sites are zoned C-2 (General Business). Immediately to the south is a pond that is used for storm water detention for portions of Victor Corporate Park. East across Victor Parkway are residential properties that front along Northland Road and then as I indicated, adjacent to the site on the west border is the I-275 /I-96 expressway. The building thatis proposed on this site is somewhat L-shaped. The hotel would be shifted a little bit to the east on the site. Most of the parking would be located on the west and north sides of the proposed building. There is an existing drive approach off of VictorParkway, that would be shifted slightly to the south. Anew 24-foot-wide main access drivewould be created. Secondary access would be available to the site in the northwest corner where it connects to the adjacent drive aisles and parking areas that are available at the Dave and Busters property. There is a shared access and parking agreement between these properties. Overall, the height of the building would be six stories. This would bring it to anoverall height of roughly 75 feet to the top edge of the parapet. Within the C-4 zoning district there is a limitation of 20% ground coverage. This site would have a ground coverage of about 22,644 square feet. That equates to 16%, and therefore conformswith that requirement. Overall, the building would be roughly 123,900 square feet. It would contain 218 guest rooms. This would include 122 keys for the Aloft and 96 keys for the extended stay, which is the Element on the east side of the hotel. The hotel is basically split between the two different brands. The Aloft, which is on the westerly half of the building, and the Element is on the easterly half. Both are six stories in height. Both would have their own distinct entrances and lobbies, as well as check-in areas. Certain items would be shared between the two hotelsincluding the pool, and some of the other common elements, such as exercise room and guest services. Besides being linked between a common hallway, they would operate as separate hotels. Each having their own elevator shafts as well. Requirements, in terms of setbacks in the C-4 zone for a six-story building, would be 49 feet for the front yard setback. In this case, they are showing 74.2 feet. The required setback along the highway would be 55 feet. May 14, 2019 29126 In this case, they are showing almost 100 feet. Because of the narrow width of the property, variances are needed for the north and south side yard setbacks.With respect to parking, required for hotels is one space per guest room plus one space per employee. The proposed hotel requires roughly 233 total parking spaces. This would include the 218 rooms and an estimated 15 employees. The siteplan shows 178 on site parking spaces, however as I indicated,this property is subject to a cross access parking agreements with the abutting properties to the north. The plans indicate that there are an additional 71 shared spaces that are available. So combined, on and off-siteavailable parking would be a total of 249 spaces.Since Dave and Busters operates with a deficiency,a variance will be needed for the shortfall of parking for this hotel site. Trash is fully contained in the southern portion of the parking lot. Storm water would be managed using the existing detention basin on the property to the south. For landscaping, a fully detailed plan is provided. It constitutes roughly 21% of the site acreage, so it fully complies with the ordinance in that respect. Looking at the design, this has been probably the one issue that we have discussed the most leading up to this meeting. The Petitioner is now indicating, instead of E. I. F. S., a combination of cast stone along the portions of the lower two floors and then metal panels for the upper four floors above that. Allmaintenance free materials, relatively speaking. You can see the design. It also contains composite panels with a wood pattern or wood color on some of the corner elements of the building, and a combination of greys, for the most part, on the balance ofthe building. The blue feature that is on the top, that is a mechanical penthousethat is covered with metal panels as well. Light fixtures are shown at 30 feet. Typically, we require 20 feet. In this case, they are showing 30 feet. The hotel is allowed one sign, not to exceed one square footfor each foot of building frontage. We do not have details on the ground signage , but they are showing multiple wall signs that will require approval by the Zoning Board of Appeals. These mostly relate to the Aloft. At least on these schemes, we are looking at three signs for the Aloft on top of the mechanical penthouse and an additional sign that would be located adjacent to their lobby on the north side of the building. The Element also has a sign located on the upper part of the building on what would be the north elevation, as well as a sign on the south elevation. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw:Please. May 14, 2019 29127 Mr. Taormina:The first item is from the Engineering Division, dated April24, 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 #19265 Victor Parkway.The legal description provided with the petition appears to be correct and should be used in conjunction with his petition. The existing site is currently serviced by public sanitary and water main that can be extended to the proposed building. Storm sewer detention was previously provided with the original development, so the new project will need to ensure that there is sufficient capacity in the existing system for any additional impervious areas. The submitted drawings do not indicate any proposed utility extensions, so we will review those items when full Engineering drawings are submitted to this department Any work within the I-275 right-of-way may require permits from the Michigan Department of Transportation depending on the access and grading required to install any proposed improvements. ”The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated April30, 2019, which reads as follows: “This office has reviewed the site plan submitted in connection with a request to construct a new six-story dual brand hotel (Aloft & Element) on property located at the above referenced address.We have no objections to this proposal with the following stipulations:1. Subject building(s) are to be provided with an automatic sprinkler system, and on site hydrants shall be located between 50 feet and 100 feet from the Fire Department connection.2. Access around building shall be provided for emergency vehicles with a minimum vertical clearance of thirteen feet six inches, a turning radius of fifty-three feet wall to wall and an inside turning radius of twenty- nine feet six inches.3. A fire access road shall be provided with not less than 20 feet of unobstructed width and have a minimum of 13 feet 6 inches of vertical clearance in accordance to 18.2.3.4.1.1 and 18.2.3.4.1.2 of NFPA 1, 2015.4. In regard to NFPA 13, 2013 edition, Fire Department Connections should be of 2 ½ Detroit Standard Thread.5. Hydrant spacing shall be consistent with City of Livonia Ordinances6. Fire Department access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall provide with an all- weather driving surface. Adequate. 7.This division requests that the entrance drive be posted (on both sides) "Fire Lane -No Parking".8.CO2 detection required for beverage distribution systems and coolers. If tank/tanks are 100 lbs. or greater. (Per 2015 IFC 5307.1)9.Commercial kitchen Hood and Duct fire May 14, 2019 29128 suppression shall be a UL 300 system and comply with NFPA 96. 10.Knox Box (Knox Locks on gated entries) must be installed for Fire Department access.11.These issues and other code requirements will be addressed during the plan review process. We have no objections to this proposal.”The letter is signed by Keith Bo, Fire Marshal. The nextletter is from the Division of Police,dated May 1,2019, 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 nextletter is from the Inspection Department, dated April 30,2019, which reads as follows: " Pursuant to your request, the above referenced Petition has been reviewed.1. The outdoor parking lights are detailed at 30 feet in height. The Commission and/or Council may wish to review the proposed height.2. A variance from the Zoning Board of Appeals would be required for the deficient number of parking spaces. This Department has no further objections to this Petition. I trust this provides the requested information.” The letter is signed by Jerome Hanna, Directorof Inspection. Thenextletter is from the Treasurer’s Department, dated April16,2019, 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, I have no objections to the proposal.” The letter is signed by Lynda Scheel, Treasurer. The sixth letter is from the Finance Department, dated April17,2019, 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 the proposal.” The letter is signed by Coline Coleman, Chief Accountant. That is the extent of the correspondence. Mr. Wilshaw:Are there any questions of the Planning Director? Mr. Caramagno:Maybe I didn’t hear, but why 30 feet on the light poles? Mr. Taormina:I believe it mostly has to do with the scale of the development. We do allow for exceptions. Most of our shopping centers and large shopping complexes have the taller standards to get a better light throw throughout the parking areas. I will let the site engineer address that. Whether they can go to 20 feet, maybe it isn’t a major issue. They may not have known about our 20 foot limitation. It is not uncommon that we allow the 30 feet on some of our larger projects. May 14, 2019 29129 Mr. Caramagno:Fair enough. Thank you. th Mr. Ventura:I may have misheardyou so….here in our write-up, May 14 Regular meeting, it talks about the only changes discussed at the study meeting involved the exterior finishes of the building. The original plan said E. I. F. S. was identified as primary finish on the upper floors. An updated rendering provided for the study meeting shows cast stone on floors one and two, and metal panels on the floors above. This is what I thought I understood you to say. Mr. Taormina:Correct. Mr. Ventura:The last sentence in this paragraph, however, says “Most recent plans set provided by the architect shows the same exterior design features but switches back to the E. I. F. S. panels” Mr. Taormina:I did not have a chance to delete that sentence before it went out to print. I think there was a miscommunication between my office and the architect, where they did submit the ….or where I did have a copy of the previous drawings. He clarified that by submitting the most updated plan set that you have. Mr. Ventura:A5.00R –at the back of thispacket? Mr. Taormina:That is correct. If you look carefully at the exterior elevation plans, hopefully you will see where it calls out metal panels instead of E. I. F. S. on the side of the building. Mr. Ventura:Thank you. Mr. Wilshaw:Mr. Long, did you have a question? Mr. Long:Asked and answered. Mr. Wilshaw:Anyone have any questions for our Planning staff? I don’t see anybody. We will go to our petitioner who is here.We will need your name and address for the record please. Mitchell Harvey, Stonefield Engineering, 607 Shelby St, Detroit, MI, I am here to represent the applicant, Livonia Hotel Group . We are seeking site plan approval for the proposed dual brand hotel located at 19265 Victor Parkway. I put together a little slide show. I will take you through the site. The proposed site is on a 3.2 acre lot May 14, 2019 29130 and it was recommended for approval for a C-4 zoning by the City Council back in January. To the north we have Dave and Busters, Embassy Suites, and 3M. To the south, Mark talked about that regional basin. To the east we have Victor Parkway and to the west we have I-96 and Seven Mile Road interchange there. The site is currently the vacant Doc’s Sports Retreat and its unused parking lot. That is a picture we took a couple weeks ago out there. Hopefully you will get a good idea of what we are proposing out there, which is a 218 room Aloft and Element dual-brand hotel. The Aloft would be located to the west side and the southern leg of the “L”. To the east we would have the Element, which would be the extended stay option. We have proposed 178 parking spaces on site. It was reviewed by Marriot. They believe we are self sufficient in parking. We have also proposed 30,000 square feet of landscaping, where 20,000 are required, and an additional 20 trees. As far as architectural features go, the architect is here so I will leave any questions to her.We propose significant architectural features across the site to kind of distinguish the two brands that have been blended into a six-story building. The building façade will be a mix of various exterior finishes including Nicki Howe wood panels, metal panels, stone veneer, and other modern finishes. It is our belief that this project for the proposed Aloft / Element dual- brand hotel will provide a destination hotel for professional traveling through Livonia, and through the surrounding areas. We have people from ownership and architectural team here, so if you have any questions,we will be happy to answer. Mr. Wilshaw:Thank you, Mr. Harvey. This is an exciting proposal, very unique property. Do we have any questions for our petitioner at this time? Mr. Bongero:Mr. Harvey, maybe you can answer this. You are going to tear down Doc’s obviously and the then the footprint of the building is significantly bigger than Doc’s. Have you conducted soil samples for ground suitability? Mr. Harvey:We have them ordered. They may have come in, but I will have to double check, but we had them ordered. Mr. Bongero:Are you anticipating any hesitation? Mr. Harvey:No. We are moving the building further north from that basin so we shouldn’t have any issues. May 14, 2019 29131 Mr. Bongero:Ok. Then, in regard toparking, you are saying you are self- sufficient, but are you still going to cooperate with Dave and Busters and Los Amigos for additional parking? Mr. Harvey:The 178 on site is more than we need. It is plenty for us, but we do have that 71 spacesin the shared parking agreement. We don’t believe there would be any overlap. When Dave and Busters is busiest is generally weekends, and when we anticipate our peak hours would be weekdays. Those shared parking spaces will generally not need to be used but in case that they do…it is kind of flip flop hours, the parking generation. Mr. Bongero:Thank you. Mr. Wilshaw:Any other questions? Ms. Smiley:Do you anticipate a restaurant at either of these, or just a coffee shop? Mr. Harvey:It’s just a kind of small kind of bar area with just a few menu items. Not a restaurant where people that wouldn’t be staying at the hotel would come to. Ms. Smiley:Ok, that was my question. So,you are not anticipating, other than your guests/clients at the Aloft or the Element would be using this? Mr. Harvey:No. Ms. Smiley:Thank you. Mr. Wilshaw:Anyone else? Mr. Long:Mr. Harvey, I am not sure if this is for you or someone else in your entourage, but just a couple general questions about the Element. First of all, on the upper floors there is a door ….you can walk between the two hotelscorrect? Mr. Harvey:On the first floor? Mr. Long:On the above floors where there are rooms? Looking at the floor plan, it looks like there is a door. Is that a fire door? Is that a door that is locked separating the two? Can you speak to that? May 14, 2019 29132 Susan Bowers, Bowers & Associates, 2400 South Huron Parkway, Ann Arbor, MI 48104, the only connection between the two, a physical connection where you would go from one hotel to the other will be on the first floor. There is no connection on the upper floors Mr. Long:Looking at the second level floor plan right by the stairway, it looks like there is a door. Ms. Bowers:There is supposed to be a wall there. There is a door there, but it is not a guest used door. The cleaning staff has access to both sides, but not guests. Mr. Long:It will remain locked then except for emergencies. Ms. Bowers:Yes. Mr. Long:Are you able to speak….I am just curious in this case to the concept of the commons. So,these are smaller rooms and they have a shared area ismy understanding from what I have read. Ms. Bowers:At the Element? Mr. Long:Yeah, at the Element. Far east rooms. Ms. Bowers:It is a different concept. Similar to …..instead of being stuck in your room per se like a standard hotel room, you have a common area that you can watch TV, hang out. You aren’t so isolated in your extended stay. Mr. Long:So basically, you have four small rooms that have access? The studios common room, is that a keyed door also? Ms. Bowers:That is a keyed door Mr. Long:Only people that are staying there can get into that. Ok, that is interesting. Thank you Mr. Wilshaw:Any other questions for our Petitioner? I don’t see any. Mr. Wilshaw:Is there anybody in the audience that wishes to speak for or against this item?Sir, if you will come forward. You can use that podium. May 14, 2019 29133 Erik Kuszynski, 37734 Pickford, Livonia, MI, I live in the subdivision to the south across Seven Mile. My apologies for not showing up to the study session. I wasn’t aware of this until, frankly just the other day when I received the email. Looking at the proposed hotel, my concern really is the height of the hotel. Going down Victor Parkway, the other large buildings, the Victor V office building, the Embassy Suites they are five stories tall. So, the sixth story sticks out. It is kind of an exposed area. Go down Victor Parkway and most of the buildings are set off. Most of the buildings don’t pop out at you. This one pops out at you. Little concerned if we establish precedent here on this property for six stories, there are proposed luxury apartments just across Victory Parkway. Are we going to create a situation where…..we have six stories over here, it is okay to have six stories over here, and now we are building out of scale for the area. That is my major concern with the proposal as it was given. It was obvious planning by previous administrations in the area, that the five-storylimit was purposeful. At least from how I am looking at it. I would like to see something go in this spot. I think a hotel is appropriate, but when you look at the size of the building and combine that with the parking….Gee, if we went to five stories and that was doable for these folks, we wouldn’t need the parking. Maybe that wasn’t goingto be an issue. Maybe this solves a couple problems by just scaling it back a bit. So, that is my major concern with this proposal as it is. I don’t have a problem with a hotel, just a little bit less. Mr. Wilshaw:Thank you, we appreciate that Mr. Kuszynski. Is there anyone else in the audience wishing to speak for or against this item? I don’t seeing anyone coming forward. We always give the petitioner an opportunity to come back up and address anything you heard. The main point discussed was thesize of the building. If you would like to speak to that, you are free to. Mr. Harvey:Just real quickly, as you go from the Embassy Suites going south, there is approximately an eight to thirteen foot grade change as you go down. Standing back furtherfrom the building, it will actually appear in line with the building to the north because they are at a higher elevation. That is what we were thinking to not make it so big. Mr. Wilshaw:Is there anyone that would like to add to the petition so far forthis presentation? I don’t see anyone else wishing to speak. Is there any additional questions or comments from the Planning May 14, 2019 29134 Commission? If not, I believe a motion would be in order at this time. On a motion by Ventura, seconded by Bongero, and unanimously adopted, it was #05-42-2019RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 14,2019, on Petition 2019-04-08-06 submitted by Livonia Hotel Group, L.L.C. requesting approval of all plans required by Sections 18.47 and 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to construct a new six-story dual brand hotel (Aloft & Element) at 19265 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast ¼ of Section 6., the Planning Commission does hereby recommend to the City Council that Petition 2019-04-08-06be approved subject to the following conditions: 1.That the Site Plan identified as Drawing C-2 dated April 11, 2019, as revised, prepared by Stonefield Engineering & Design, is hereby approved and shall be adhered to; 2.That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto; 3.That the Landscape Plan identified as Drawing C-4 dated April 11, 2019, as revised, prepared by Stonefield Engineering & Design, is hereby approved and shall be adhered to; 4.That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 5.That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 6.That the Exterior Elevations plan identified as Sheet Number A5.00 prepared by Bowers & Associates,dated May 10, 2019, as revised, is hereby approved and shall be adhered to; May 14, 2019 29135 7.That the Rendered Exterior Elevations plan identified as Sheet + Number A5.00R prepared by Bowers & Associates, received by the Planning Commission on April 30, 2019, is hereby approved and shall be adhered to; 8.That all rooftop mechanical equipment visibleto the public shall be concealed on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 9.That the three walls of the trash dumpster area(s) shall be a minimum seven feet (7’) in height, constructed out of building materials that shall complement that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times; 10.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; 11.That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 12.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 ONLYfrom the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Mr. Wilshaw:Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. st ITEM #5APPROVAL OF MINUTES 1,141Public Hearings and Regular Meeting Mr. Caramagno,Secretary, announced the next item on the agenda, Approval of st the Minutes of the 1,141Public Hearings and Regular Meeting held on April23,2019. May 14, 2019 29136 On a motion byLong, seconded by McCue, and unanimously adopted, it was #05-44-2019RESOLVED, that the Minutes of 1,141stPublic Hearings and Regular Meeting held by the Planning Commission on April23, 2019, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES:Long, McCue, Smiley, Caramagno, Wilshaw, Ventura, Bongero NAYS:None ABSENT:None ABSTAIN:None Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. nd On a motion duly made, seconded and unanimously adopted, the 1,142Public Hearings and Regular Meeting held on May14,2019, was adjourned at 8:59p.m. CITY PLANNING COMMISSION _____________________________ Sam Caramagno, Secretary ATTEST: __________________________ Ian Wilshaw, Chairman