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HomeMy WebLinkAboutPUBLIC HEARING - 2019-07-15 - APPEAL - OCEAN WELLNESS CITY OF LIVONIA PUBLIC HEARING MINUTES OF MEETING Held on Monday, July 15, 2019 A Public Hearing of the Council of the City of Livonia was held at the City Hall Auditorium on Monday, July 15, 2019. MEMBERS PRESENT: Laura Toy, President Scott Bahr Brandon Kritzman Brian Meakin Cathy White MEMBERS ABSENT: Jim Jolly, Vice-President Kathleen McIntyre OTHERS PRESENT: Mark Taormina, Director of Economic Development Paul Bernier, City Attorney Gretchen Guisbert, Recording Secretary The Public Hearing was called to order at 7:17 p.m. with President Laura Toy presiding. This is a Public Hearing on Appeal of the denial of the Planning Commission regarding Petition 2019-04-02-07 submitted by Ocean Wellness L.L.C., requesting waiver use approval to operate a massage establishment, located on the west side of Middlebelt Road between Puritan Avenue and Six Mile Road (16345 Middlebelt), in the Northeast ¼ of Section 14. The Public Hearing is now open. There were 12 people in the audience. Toy: Mr. Taormina? Taormina: Thank you. Again, this is an appeal of a denial by the Planning Commission of a waiver use petition, to offer a massage establishment. This property is located on the west side of Middlebelt Road. It’s between Puritan and Six Mile Roads. The property in question is approximately 9/10 of an acre, including 200’ of frontage on Middlebelt Road. The site also has 200’ of frontage on Greenland. The zoning is actually split-zoned. The south 130’ of this property is zoned C-2 (General Business), while the north 70’ is zoned C-1 (Local Business). There is a multi-tenant building on the site. It has a gross floor area of approximately 9,120 sq. feet. All of the units face Middlebelt Road. Most of the parking is located between the front yard and the building and the road. Ocean Wellness spa would occupy a unit that is located within the C-2 portion of the property. As you know, massage establishments are treated as waiver use in C-2 districts. Ocean Wellness would occupy an interior unit that measures roughly 1,400 sq. feet in size. There is a couple of requirements that apply specifically to massage establishments. One is section 11.03U2, which requires no massage establishments shall be located within 400’ of another massage establishment. There are no other massage establishments located in this general area, so, the proposal complies with that provision. Secondly, there is a requirement that no massage establishment be located within 400’ of a school, a place or worship, state-licensed day care facility, public library, playground or public park. Again, this proposal meets that requirement. None of those uses are located within 400’. There would be no modifications to the structure other than the placement of a sign on the façade of the building. The petitioner submitted a floor plan that shows the interior layout of the space. It includes private massage cubicles as well as a restroom, staff lounge, and a front reception area. The existing parking within the shopping center complex is adequate to accommodate the proposed use. The Planning Commission held a Public Hearing on this item on May 28, 2019, and denied it for the reasons that I believe, are enumerated in your report. With that, I’d be happy to answer any questions. Toy: Thank you very much. Are there any questions for Mr. Taormina? Go right ahead Councilman Bahr. Bahr: Alright, I will confess, I haven’t yet read the report. I will. Mark, are you prepared to talk a little bit more about what the reasons for the denial were? Taormina: Yes. Bahr: I will read it, but for the sake of now… Taormina: I will just cite from the resolution itself, the reasons for the denial. It was that the petitioner had failed to affirmatively show that the use complies with all the special general waiver use standards as set forth in sections 11.03 and 19.06 of the ordinance. The Planning Commission felt that the petitioner had not adequately demonstrated the need for the proposed use within the shopping center and that the use would not be compatible to or in harmony with the surrounding uses in the area. They felt it would also be contrary to the goals and objectives of the zoning ordinance. Bahr: Thanks. I just wanted to mention that the petitioner reached out to me ahead of time to see if there were questions and I assured the petitioner that we would handle it tonight and we will, but I also think I told the petitioner that I would review that ahead of time and I failed to, so I apologize for that and I will definitely make sure that I follow up. But thanks. Toy: Thank you Councilman. Anybody else? Seeing no one on the Council having any further questions, petitioner, would you like to come forward? And your name and address for the record please. Pi: My name is Haiyan Pi. My address is 37735 Colonial Drive, Westland, Michigan, 48185. I would like to talk about, sorry I am nervous. Toy: Ms. Pi, don’t be nervous. Bring the microphone down just a little bit and speak right into it because it’s hard, a little hard to hear you. Why do you want to put this there and what is your background in this, how’s that? Pi: So, first, I have been a licensed masseuse for years, but I’ve been doing deep massage for six years and my current business is in Farmington Hills, on Orchard Lake Road, between 12 and 13 Mile Road. We have a successful business and we only hire the local residents for the help, that are licensed. We support six families with our business, and we help many, many people with their problems. So… Toy: That’s all right. These are physical problems, is what you are saying. Pi: Yes, they are neck, back and many problems, and so my business on Middlebelt will do pressure massage, other couples massage. We have a couple of rooms for that and we do the reflexology for feet and we have deep tissue massage also, as well as Swedish massage. Meakin: Madam President? Toy: Yes, please go ahead. Hold on a minute, Councilman Meakin has a question. Meakin: After the Planning Commission meeting, you heard some of the concerns that the commissioners had. What can you say that would change our minds to what they heard from you during that meeting? Pi: I think in my current business we are doing great and we have no problems and no criminal history and background record is clean. We are really doing therapeutic massage and helping people and have a lot of customer support. Meakin: What is the address of your store in Farmington Hills? Pi: The address is 29218 Orchard Lake Road, Farmington Hills, Michigan. Meakin: And you have had no issues at that address? Pi: No issues at all and we have a very good reputation from the community. Meakin: And how long have you been there? Pi: I have been there like six years. Kritzman: What’s the name of that location? Pi: Whole Health Asian Massage. White: Madam Chair? Toy: Are you done Councilman Meakin? Meakin: Sure. Toy: Ok, Councilwoman White. White: So, are you moving your business from that location? Pi: I had a partner in that business and just a couple of months ago I sold my half and I am ready to open my own business. White: Ok, so this will be the sole location that you will own. Pi: Yes. White: Ok, thank you. Toy: Councilman Bahr. Bahr: If we were to visit the Orchard Lake location, is the location you are talking about here on Middlebelt, is it a similar size, similar type of operation? What we see at Orchard Lake, is that similar to what you are planning to do here? Or is this bigger or smaller? Pi: It is similar. It is the same. Bahr: When Mr. Taormina was walking through it he referred to what looks like private massage cubicles. Is it an open space with cubicle-type walls separating the area, or are those separate, private rooms? Pi: We have three separate rooms, private rooms, and one double room for couples massage. Bahr: And that is what you had at the Orchard Lake location as well? Pi: Yes, we have doors and walls. Inaudible…. Bahr: What particularly attracted you to this location? Pi: Because I have looked over other cities, like Northville and Plymouth and Livonia and Livonia is close to my home. I want to open my own business and I found Livonia easier for me to find a location, and Middlebelt is a busy road that I feel will have success in my business. Also, an important reason is having a good landlord. He is very supportive and very respectful and that is why I want to locate my business in Livonia. Bahr: So, you will be close to your home, on a busy road, with a favorable landlord, those are all good reasons. Have you got any further business analysis as to what the economic opportunity at this particular area is for this business? Pi: I look at it around there for massage places on Middlebelt Road and also how many customers from Livonia, Northville and Plymouth. Some that I talk to would follow me to the Middlebelt location and they all support me and think it would be a very good business. Bahr: Ok, thanks. Meakin: How long of a lease did you sign? Pi: For three years with an option for another three years. Then another five-year option. Toy: Thank you. This is therapeutic massage. That’s a little bit different than the mall locations where you sit in a chair in some cases or on a table and they kind of work you over, but it’s not like, I don’t know if they do deep tissue there or not, I’m not real sure. You are more than therapeutic for injuries. I got an email from a gentleman that had quite a few injuries. He said you helped him out with those injuries as well. Do you get Dr. referrals at all? Do they tell people to come to you as well? Pi: Yes, we also, recently at the current location, we got Dr. referrals. Inaudible…There are people with neck problems and back problems, all kinds, and people come to our business. Toy: Great ok. Are there any more questions? Alright. Let’s go to the audience. I know there are some for or against or whatever. Is there anyone wishing to speak to this? If you are, you need to approach a podium and give us your name and address for the record. Thank you. Hajji: My name is Rudy Hajji. My business address is 16325 Middlebelt Road in Livonia, Michigan. I own the building that we are talking about now. I live in Bloomfield Hills, at 1840 E Tahquamenon Court. Did you need more information than that? Toy: No, we’re good. Hajji: I just want to answer one of Mr. Meakin’s questions. Haiyan is going to sign what we are proposing, the concept that we have, the lease contract is for a five-year contract and I have the first three years with a personal guarantee, then we have an additional two years at a different rate. She also was insistent on having an additional two more five-year options. So, she is looking at a 15-year lease contract. She is looking at this in the long-term manner. Ok? And I want to emphasize some of the points that she was denied, Mark. Toy: Just come through me. Hajji: Some of the points were, she doesn’t complement the businesses in the area, which is false. I think I know most of you here as far as how TMJ disorders, how masseuses help and those type of therapies. So, her business and my business will go hand-in-hand. I have Vickie here from Speedy Printers. She knows the location that is in question, has been vacant for years and I think this would be a perfect business for her, a perfect opportunity for me, the center, Livonia, and having more income to help me to improve my building more and keep it up better, cosmetically, for the City. And I’m here to answer any other questions you guys have regarding this. The main issue that this was denied was we all know what happened in recent history with massage parlors in the area and I want to emphasize that I have known Haiyan for about 8 years. She was my patient, her son was my patient, I know her very well, she is very ethical. Her mannerism when she talks to me about the business, she knows what she is doing. She is kind of nervous up here, but she does have a business plan and I think she will succeed in my center. I emailed everybody about how this is my livelihood. Most of you know that I am a dentist, I have a dental office. About three or four years ago I bought that building. Vickie can attest that building was run down, beyond run down. I put in at least $300,000 plus into that building. I have gotten compliments from the neighbors. This is all about making the area and the City look good. I think this is a great opportunity for me, for the businesses around us and I want to also emphasize some of the major things that were discussed. I think I expressed them in my email. If anybody has any other questions, I would love to answer them. Toy: Thank you. Yes, go right ahead, Councilman Bahr. Bahr: This is only for tonight. We have a city with a lot of these kind of things, but when you look at the types of things we look for, to give us a sense of comfort with something like this, I think they are there. I would offer an approving resolution for this. I was tempted to say approving and denying because as I said, I had every intention of reading through the Planning Commission minutes to fully understand what that discussion was, which I should have done before tonight, but unless somebody else has it, I will save the Law department from preparing two resolutions. I will offer an approving, but I will be reviewing that ahead of time before this will come before a vote for us. White: I support Councilmember Bahr’s proposal here, but since we do have two members that aren’t here, I would ask that we have two resolutions. Bahr: That makes sense. White: One approving; one denying. It’s not because I am not sympathetic to your issue, I am. I did want to give the opportunity to the other Councilmembers that aren’t here. Toy: Ok, anyone else? Hajji: Thank you. Toy: Certainly doctor. Smith: Hi, my name is Dean Smith. I am a Berkley resident. Street address is 1161 Larkmoor Boulevard. I was planning on speaking in support of Ocean Wellness. I was on the Berkley City Planning commission for almost 20 years and listening to the denial, you guys can do better. I understand the process of maintaining or minimizing empty store fronts and trying to make sure businesses are good for the community. It’s actually a very difficult process. Ocean’s proposed location is in a small strip mall. And the owner did a better job than I will but, the site would be described as a destination more than a shopping type thing. So, people go to that little strip mall because they want to be there. There is a hair care salon, a pharmacy, a print shop and a dentist office. There’s really no synergy between any of those businesses. A massage business isn’t inconsistent with a hair salon. Or a pharmacy or a dentist office. TMJ, and whatnot. And it certainly wouldn’t hurt a printing shop, so in terms of damage to a neighborhood, it’s not going to happen. You look across the street, there is really no reason to say no, you can’t put the business there unless you are already predisposed against that type of business. With regard to the applicant, I’ve known her about six years. I used to teach at Schoolcraft and was taking a Chinese language class. I went into the store where she was working and asked for help. Some of the other people laughed at me. She said I’ll help. So, she helped me with Chinese, I helped her with English. Over the years I have watched her play by the rules. To raise a son that’s now on scholarship at Wayne State university. To complete the process to obtain U.S. citizenship. If anyone has done that, it’s not easy. She bought a condo and established herself as a resident in the area. This is property ownership. And she has built a successful business in Farmington Hills. You won’t find an applicant with better character. That’s all I can say about Haiyan. Toy: Thank you, sir. Thank you very much. Is there anyone else wishing to speak? I’ve known Vickie since she was in feet pajamas. So,a little bit. Thiel: I’ve been at this location, 16329 Middlebelt, for 39 years in the same complex. He is a new landlord and he does a great job and I have been in that complex when it was just me for many years because everybody had left. People didn’t make it and now the complex is doing really well. He has made it look better. I haven’t had a chance to meet her but from what I have learned from her, I would love for her to be in our complex with us. It will definitely make our complex be full and any complex that is full is good. We’ve never had any problems in our complex ever and I don’t know what else to say but I think it would be good thing. Toy: Give us your name and address please. Thiel: 16329 Middlebelt, American Speedy Printing. Toy: Thank you. Any questions for any of the residents? Taormina: Recommendation to Council as part of the approving resolution, that they limit the waiver use to this petitioner only. I think much of this is based on the credibility of the applicant and that personal testimony, I think the Council would want to limit the waiver to this particular petitioner. Bahr: Yea, I think that’s a good point and it’s how we typically do this type of thing so I would certainly support adding that to my approving resolution. Toy: Do you understand what they are offering? Pi: Inaudible. Toy: What they are offering is that this waiver goes with you, being the owner, the applicant or whatever, owning the business. So, if you go to switch ownership or sell the business, they are going to have to come back to us for approval to operate again, ok? That’s kind of what that means. Alright, is there anyone wishing to speak to this before we close? Ok. Ranz: My name is Doug Ranz, 2735 Long Pine Road, West Bloomfield, Michigan. I recently retired, and still belong to the search and rescue through the Coast Guard, I am well aware of the human trafficking initiative nationwide and locally. I’ve known Haiyan for eight years. She has been working on my neck and shoulder, accident injuries in that time. I found her because I had pretty good insurance, but my co-pays for physical therapy were $650 a month. And that was for a 20-minute massage. So, Haiyan has fixed my neck, fixed my shoulder, saved me a ton of money out of my own pocket and I know her to be one of the most ethical, honest, forthright people. And her perseverance is just incredible. She is a single mom to a disabled kid who graduated Stevenson as an honor student and is now on a scholarship at Wayne State. And as far as the adjacent businesses, that I think complement this business, there are two senior living centers nearby and senior/geriatric massage is increasingly common for people who are not getting around and getting out. There is a gym nearby. There is a dance studio nearby and there is going to be a karate studio across the street so I think there is some associative use in the area that would actually complement a therapeutic massage establishment. Toy: Thank you very much. And thank you for the work you do in human trafficking too. Yes sir? Schummer: Hi my name is Rob Schummer. I sent an email to all of you today, so I’m not sure if you had a chance to read it. I have had lots of injuries in my life and I just came to speak to Haiyan’s support because I’ve been treated by her and after spending years and years trying some of the treatments and trying to avoid drugs or medical marijuana or anything else to stay healthy, I find therapeutic massage to be extremely beneficial. I know from going to her current establishment, but they are as professional as you can possibly find. There are signs in every room that say if you even suggest a sexual favor or something like that, the massage is over, you’re out. I understand, I used to watch the Planning Commission meeting. Today I went to the video on the website and it wasn’t there. So I just wanted to get a feel for how that meeting went and it seems to me that there was no justifiable reason to deny the establishment other than the, the media attention back in May was even more prevalent than it is now, especially a massage parlor aspect of it with Robert Kraft and the things that went on in Florida, but for every bad actor out there, I’d say there is probably 50 good actors in the massage business. I think all that media attention had some influence in the denial. If you go through the Commission reports, you will probably find nothing justifiable there. So, I just wanted to speak on her behalf. She’s got a great business and she has helped me and a lot of residents in Livonia. Toy: Thank you Rob. Is there anyone else? If not, I just want to say if anybody in this world, and I don’t mean to feature myself, but I’ve been very active with the human trafficking because since 2013, and have been through a lot of different establishments and a lot of different personalities that involve themselves in bad behavior, if you will. You’ve been checked out and it sounds like you have, Ms. Pi. And for what’s going on and you sound like a very ethical, and your character that you brought out in the folks that came here tonight, speak well of you. And I’m not the first to jump on these massage places because of some of the reputation. But I’m also not colored by that. I think we treat each case, case-by-case. And I think you’ve made a good case for yourself and for your standards and thank you for raising your son and being a good businesswoman as well as, hopefully a good businesswoman, which I think you will, for our city. Pi: Thank you. Toy: Ok, is there any other comments or questions as we proceed? We have an approving and a denial. That will be held on August 12. Ok? If there is nothing else, we are adjourned. As there were no further questions or comments, the Public Hearing was declared closed at 7:45 p.m. SUSAN M. NASH, CITY CLERK