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HomeMy WebLinkAboutPLANNING MINUTES 2012-04-24MINUTES OF THE 1,023 RD PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, Aril 24, 2012, the City Planning Commission of the City of Livonia held its 1,023' Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Lee Morrow, Chairman, called the meeting to order at 7:00 p.m. Members present: Scott P. Bahr R. Lee Morrow Lynda L. Scheel Carol A. Smiley Gerald Taylor Ian Wilshaw Members absent: Ashley V. Krueger Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Chairman Morrow informed the audience that if a petition on tonighfs agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, will hold its own public hearing and make the final determination as to whether a pefifion 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 delemiinafion 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 fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2012-03-01-02 MASRI ORTHODONTICS Ms. Scheel, Secretary, announced the first item on the agenda, Pefifion 2012-03- 01-02 012-0301-02 submitted by Kordoba, L.L.C./Masa Orthodontics pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone a portion of the properly at 15230 Levan Road, located on the east side of Levan Road between Lyndon Avenue and Five Mile Road in the Northeast 1/4 of Section 20, from C-1 to OS. April 24, 2012 26077 Mr. Taormina: The Commission will recall that on December 14, 2011, this property received site plan approval for the construction of a new medical office building, which we have been referring to as Levan Medical Building, but more specifically, Masri Orthodontics will occupy a major portion of the building once its constructed. The approval of that site plan was subject to the granting of a variance by the Zoning Board of Appeals for front yard setback as well as deficient parking. This property is located on the east side of Levan between Lyndon Avenue and Five Mile Road. The property is about 0.67 acres in area with 175 feel of frontage on Levan Road by a depth of 208 feel. Currently, the property is split zoned meaning that the northerly 100 feel is zoned OS, Office Services, while the southerly 75 feel of the property is zoned C-1, Local Business. It is this southern portion of the site, the part that is zoned C-1, that we're considering to rezone this evening. On February 7 of this year, the Zoning Board of Appeals granted the variances and stipulated that the petitioner must seek a rezoning of the southerly portion of the property from G7 to OS. What this will do is unify the zoning of the entire property, as well as provide for a conforming front yard building setback once the medical building is constructed. It will also more accurately correspond to the recently approved use of the medical office building and assure that this site does remain office. With that I will answer any questions, Mr. Chairman. Mr. Morrow: Is there any correspondence? Mr. Taormina: There is one item of correspondence from the Engineering Division, dated April 16, 2012, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above-referenced rezoning request. The legal descriptions shown on the plan contain minor discrepancies. Although the description adequately locates the parcel, it should be reviewed and corrected before preparing the design documents. The address for this site is confirmed to be 15230 Levan Road. The petitioner is hereby notifred (via copy of this correspondence) that any site changes which would impact public utilities, road right-of-way, easements, or changes in storm or sanitary sewer volumes must be approved by the Engineering Division of Public Works. It is noted that there are no public sanitary sewers within the Levan Road right-of-way. Our records indicate that there is a private sanitary sewer within the right-of-way which is currently serving this site. A County Ordinance prohibits more than one building sharing a private sanitary line. To develop the proposed medical building, it is anticipated that the developer will have to construct a new sewer between his property and an existing sanitary sewer in April 24, 2012 26078 the Five Mile Road right-of-way. As regards storm water management, the City of Livonia requires storm water detention in accordance with the Wayne County Storni Water Ordinance. Should this project proceed, it is important that the developer's architect/engineer address storm water drainage changes as a result of these site changes to ensure that there is no negative drainage impact to any adjacent property. In addition, any necessary easements must be obtained before an Engineering permit will be issued for connection to an existing storm sewer system. The petitioner may find it beneficial to have his site design professional schedule a meeting to review existing Engineering documents at the earliest convenience by calling the undersigned at (734) 466-2608." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. That is the extent of the correspondence. Mr. Morrow: Thank you very much. Are there any questions of Mr. Taormina? Ms. Smiley: Didn't we go through a lot of discussion about the drainage at the time they did the original plan? Mr. Taormina: I think the plans that were presented at the time of the site plan were only conceptual. They were aware that they would have to go to a more detailed design, but it was with the understanding that they would have to provide stonnwater detention for the site. Ms. Smiley: Okay. And there are no changes to the building. Mr. Taormina: This petition is for the zoning as it affects the southerly portion of the properly to make it all consistent under the OS category. Ms. Smiley: Okay. Thank you. Mr. Taylor: Mark, what you're saying is that the site plan that we saw a few weeks ago has nothing to do with the change in the zoning. Its all the same. Mr. Taormina: That is correct. Mr. Taylor: Okay. Thank you. Mr. Morrow: Any other questions? Is the petitioner here this tonight? We'll need your name and address for the record please. Al Valentine, GAV Associates, 31471 Northwestern Highway, Farmington Hills, Michigan. I'm one of the owners of GAV Associates. April 24, 2012 26079 Mr. Morrow: Thank you. Is there anything you'd like to add to the presentation thus far? Mr. Valentine: No, not really. Actually, I'm subbing for my partner on this project, so kind of bear with me. I understand it went through three phases of approval, and this would be the last one before going forward for final building and engineering. Mr. Morrow: Right. This will go from here to the City Council, which will be the final decision, but this is a fairly straightforward petition as far as the zoning. Mark, did you have something to say? Mr. Taormina: I only wanted to point out that the rezoning procedure does not preclude this petitioner from moving forward with the final design and construction documents because the Zoning Board of Appeals merely instructed them to seek the rezoning. It was not a prerequisite to the construction on this site, although we don't expect that there will be anything that would prevent this site from ultimately being rezoned. I just want them to understand that there is nothing that precludes them from proceeding. Mr. Morrow: Did you understand it that way, sir? Mr. Valentine: Nolquite. Mr. Morrow: Well, you have permission to go forward. This is more of a housekeeping chore trying to bring the zoning into compliance, as the Director said, just so you gel your setbacks conforming with the zoning. Mr. Valentine: Right. Mr. Morrow: So it doesn't stop you from moving forward. This is just housekeeping. Mr. Valentine: I already had Council approval loo. Is that correct? Mr. Taormina: This will proceed to Council. Mr. Morrow: That will go forward to the Council, but @'s not holding you up at all. Everything will catch up in time. Any questions? Mr. Taylor: Just one other, Mr. Chairman. Mark, they're going to have to have a first and second reading on this, but that wont hold up their petition. April 24, 2012 26080 Mr. Taormina: That's correct. Mr. Taylor: Okay. Thank you. Mr. Morrow: Is there anything else? Do you have anything else you want to add? Mr. Valenfine: No thanks. Mr. Morrow: Okay. Is there anybody in the audience that wishes to speak for or against the granting of this petition? We'll need your name and address for the record please. Marsha Malec, 36114 Parkhurst, Livonia, Michigan 48154. I'm here with my husband, Jerry. We're one of the houses that's on the drawing. Could you just help clarify for me the exact location of the property that we are talking about? A couple years ago I know there was another petition to build a medical center, and it was off of the ravine. Is this that same location or is this a different one? Mr. Morrow: This is right behind the gas station. Mr. Taormina: Yes. I will display an aerial photograph and it will give you a better understanding of the location. It would appear that one building sits on the property, today, but it's actually two buildings. Those will be demolished to make room for the new medical center. This building sits just south of the gas station as the Chairman indicated and just west of the car wash. This is the building that is immediately adjacent to the southwest comer of the car wash building and then the veterinary clinic is further to the south. I believe the property you're referring to is another two parcels further to the south located here where that creek flows through across Levan Road. So this is a completely different property than the one you're thinking of. Ms. Malec: So there is already an existing building there? Mr. Taormina: There is already a building there that will be demolished and, once complete, will look like this. Ms. Malec: Thank you for the clarification. The concern that I had about the ravine is, I'm sure you know, the City has got a grant and several of our neighbors are paying lens of thousands of dollars in extra taxes to help build up the ravine. Ijust wanted some assurance that wasn't the piece of property that was right behind the ravine. April 24, 2012 26081 Mr. Morrow: No. We're very familiarwith that piece of property. Ms. Malec: We're very grateful for the City to come up with the grant and for our neighbors that are paying the extra taxes to have the ravine built up. So we're very grateful for that. Thank you for the clarification. Mr. Morrow: Thank you for coming. If nobody else is coming forward, I'm going to close the public hearing and ask for a motion. On a motion by Smiley, seconded by Scheel, and unanimously adopted, it was #04-35-2012 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 24, 2012, on Petition 2012-03-01-02 submitted by Kordoba, L.L.C./Masri Orthodontics pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone a portion of the properly at 15230 Levan Road, located on the east side of Levan Road between Lyndon Avenue and Five Mile Road in the Northeast 1/4 of Section 20, from C-1 to OS, the Planning Commission does hereby recommend to the City Council that Petition 2012-03-01-02 be approved for the following 1. That OS zoning is compatible to and in harmony with the surrounding zoning districts and land uses in the area; 2. That OS zoning would unify the zoning of the entire property; 3. That OS zoning would more accurately correspond to the recently approved use of a medical office building and provide for a conforming front yard building setback; and 4. That OS zoning is consistent with the developing character of the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. April 24, 2012 26082 ITEM #2 PETITION 2012-03-02-06 WING STOP Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012- 03-02-06 submitted by A to Z Wings, L.L.C. requesting waiver use approval pursuant to Section 11.03(c)(1) of the City of Livonia Zoning Ordinance #543, as amended, to operate a full service restaurant (Wing Stop) at 28517 Schoolcraft Road within the Millennium Park retail center, located on the south side of Schoolcraft Road between Middlebelt Road and Inkster Road in the Northwest 1/4 of Section 25. Mr. Taormina: This is a request to operate a new full service restaurant that would be located within the Millennium Park retail center which is located on the southeast corner of Middlebelt Road and Inkster Road. The restaurant would be located within the multi - tenant retail building which is just south of Schoolcraft Road in the northeast quadrant ofthe Millennium Park development. As you know, Millennium Park contains a number of national retailers, including Home Depot, Meijer's, Petsmart, Famous Footwear, Marshalls and, more close to this particular location where the restaurant is going, there's a Logan's restaurant in a separate building immediately to the west. Adjacent to this space is Panera Bread, which is within this multiple tenant retail building. This is the aerial photograph that shows you the approximate location of that portion of the shopping center where the restaurant is going. This is a more detailed plan which shows you the location of the building in relationship to Schoolcraft Road and the 1-96 Expressway. This space measures about 2,000 square feet. It's a 20 foot wide space. The depth is a little over 95 feet. There would be 70 interior seats. There are no plans currently for any outdoor seating. Parking, as you can see from this plan, is more than adequate to serve the needs of the proposed restaurant and other retail users in the vicinity. They are not proposing any exterior changes with respect to the plans. They have submitted a floor plan that shows the layout of the seating as well as the other facilities including the kitchen, restrooms, storage and cooler space. They are permitted one wall sign. They are showing it would be in compliance with the ordinance. It would be 20 square feet in total size, and it would be situated above the proposed tenant space on an area that is designed to accommodate the signage. With that, Mr. Chairman, I can read out the correspondence. Mr. Morrow: Please April 24, 2012 26083 Mr. Taormina: There are four items of correspondence. The first dem is from the Engineering Division, dated April 13, 2012, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above-referenced waiver use approval request. The written legal descriptions provided adequately describe the overall site. The address for this site is confirmed to be 28517 Schoolcraft Road. Note that we are, via copy of this comespondence, providing the petitioner with a copy of Section 13.20.380 of the City Ordinances. This Ordinance limits the amount of Fats, Oils and Grease (F.O.G.) which can be discharged to the City sanitary sewer system to 100 milligrams perliterby weight. The Ordinance can be viewed on our website at wwwalivonia.mi.us." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated March 27, 2012, which reads as follows: "This office has reviewed the plans for this petition to operate a full service restaurant located at the above referenced address within the Millennium Park retail center. 1 have no objections to this proposal." The letter is signed by Earl W. Fesler, Fire Marshal. The third letter is from the Division of Police, dated March 30, 2012, which reads as follows: "1 have reviewed the plans in connection with the petition. 1 have no objections to the proposaL" The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated September, 2012, which reads as follows: "Pursuant to your request of April 17, 2011, the above-referenced petition has been reviewed. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions for the staff? Seeing none, is the petitioner here tonight? We'll need your name and address for the record. Jonathan Brightman, 40015 Grand River Avenue, Suite 105, Novi, Michigan. Good evening. I'm a commercial real estate broker. I'm here tonight for A to Z Wings. The A is Andy Elliofl and the Z is Zack Elliott. They're brothers, and they'll be operating the business. I'll lel them give you their own addresses when they speak. Mr. Morrow: Okay. That will be fine. Mr. Brightman: Thank you very much for the opportunity to be here tonight. We're very excited. Wing Slop is a national franchise. They have over 500 locations in 33 stales, and now we're the 34` state. This will be the first location for this national franchise in Michigan. We'll be here in Livonia. It's a wonderful progmm April 24, 2012 26084 that they have for the franchisee, the way the product is done and marketed. The nature of the product is very healthy, the way they do the preparation of the food. We're very excited to be able to be here. If you have any specific questions, we're happy to address them. I'll just let Andy and Zack introduce themselves via their addresses and their presence. Andrew Elliott, A to Z Wings, L.L.C., 14954 Heyer, Livonia, Michigan 48154. Zackary Elliott, 38196 Connaught Drive, Northville, Michigan 48167. Mr. Morrow: Thank you, before I go to the Commission, is there anything you'd like to add to the presentation other than what you've said? Mr. Brightman: No. I thought it was very complete, and we're very excited to get open. Mr. Morrow: Okay. Let's see if the Commission has any questions. Mr. Taylor: Evidently you're going to call it A to Z Wings. Is Wing Slop a corporate name? Mr. Brightman: Wing Stop will be the name of the restaurant. Every restaurant in the chain for purposes of tax collection, etc., etc., is all set up as a private L.L.C. So the public will never see the A to Z Wings. Thal will only be for the purposes of fling a tax return or Articles of Incorporation. Mr. Taylor: If I may ask, how did you hear about Wing Slop? It's down in Texas and all over the country. Mr. Brightman: I could let Andy speak, but he happened to be at one of them and heard some friends hear that it was a great restaurant. I think he sampled food or something and found out it was a great place, and he said, this is where I'd like to commit my professional future to opening a restaurant here in Livonia. He loved the concept and they gave him a wonderful presentation in Dallas, Texas, as to how they conduct their business. Mr. Taylor: Other than wings, what else do they have? Mr. Brightman: I think you might have a package, but there's another restaurant chain that has a slider. Their thing is a glider. So they have a boneless chicken breast sandwich that's very popular. You can get all the fixings to go along with your dinner, potato salad, baked beans, other kinds of fixings. They're very successful. Franchisees open at multiple locations in Dallas and Florida and April 24, 2012 26085 many other states. In Chicago, there's a number of locations. I met the Elliotts in a professional way working with them on a real estate project, and they said could you help our sons go through the process of identifying a great site. And here we are. We found a wonderful site at Millennium and we're excited to be there. Mr. Taylor: We don't have that menu that you're talking about. Maybe somebody does, but we don't. I was kind of giving you a little free advertisement, is what I was doing. Mr. Brightman: That's great. Obviously, they have chicken wings, and people love chicken wings watching football games, etc., etc., going on picnics, parties, catering events, and I'm sure these guys will do a grealjob packaging it up. Mr. Taylor: Is carryout a big thing? Mr. Brightman: Eighty percent ofthe business is carryout. Mr. Taylor: And how are the wings cooked? Andrew Elliott: They're deep fried. Mr. Taylor: Thank you very much. Mr. Wilshaw: I'd like to hear from Mr. Elliott and his brother to find out a little bit about their background, if they have any experience in working at restaurants or owning a restaurant, and they can tell us a little bit about this restaurant and how it's going to operate. I'd love to hear. Andrew Elliott: As a teenager, I had several jobs at restaurants but never really management experience. This will be my first time in a management type position for a restaurant, but there's a month long training session down in Dallas, Texas, working at an actual Wing Slop. I think it would be sufficient to gel my feel wet down there first before we try it for real up here. I heard of Wing Slop while going to audio engineering school in Nashville. To me, it was like a little treat. I didn't have a lot of money at the time so once in a while I'd get myself some wings and they're really good French fries, also. Mr. Wlshaw: That's excellent. I appreciate too that you're a Livonia resident and looking to open your business in Livonia. Your brother is a Northville resident, a neighbor community, so that's excellent. Mr. Taormina: April 24, 2012 26086 Zachary Elliott: I worked at a Taco Bell north of Eight Mile on Haggerty for about five years. So I have just extensive food handling knowledge and safety. Mr. Wlshaw: Excellent. That's good to hear. Mr. Morrow: Yes, Mr. Taormina? Mr. Taormina: This is a question as it relates to refuse. Do you think what is currently provided behind the building is adequate for your needs? And then next is the question of how grease will be Mr. Brightman: handled from within the restaurant, whether or not a separate Mr. Taormina: container is necessary or if that's done internally? Mr. Brightman: I spoke with the Wing Stop people today anticipating that question, and I have some materials that I can share with you. This is a professional operation. They want to be a good neighbor in terms of any waste, outside papers and things like that. They want to keep the store attractive. I'm happy to share this information. They haven't drawn specifically all the underground plumbing plans, etc., associated with everything, but these people have an established track record. They have over 500 locations. This is not the first time they're doing this, and they will work in harmony with the Building Department and meeting the requirements of what needs to be done. Mr. Taormina: Basically, what he has submitted is a plan that shows a 750 gallon grease interceptor. It would appear as if its going to be installed inside the building, and will not be something that is exterior. This looks good. Our Building Inspection and Engineering Departments will lake a look at it prior to final approval. My next question is, the sign is rather straightforward. I'm just wondering is that the prototype or the sign that Wing Slop uses for all of its restaurants? Maybe they have something else that more adequately portrays or describes the type of use there. It doesn't really say it's a restaurant or anything like that. Mr. Brightman: This name is extremely well known. Mr. Taormina: Not in Michigan, though. Mr. Brightman: You would be surprised. There are people that go on vacation and different things, and the Wing Stop name is known nationally. They're past that 500 unit mark. I'm sure that the advertising and the promotion and everything ... Troy Aikman is their spokesman, and they're really gearing up to roll out more national campaigns. As far as the grease trap, they will meet April 24, 2012 26087 the requirements as to whatever the City requires of them. They will work in concert and compatibly with the City. Ms. Smiley: So you're not going with the Wing Slop that was on the drawings? Mr. Brightman: I'm the broker. That's not my purview to recommend. I can pass on to the real estate people. I mean, I think that because of the depth of the building and where theyre located, I think they wanted to gel the name out there and then they'll probably use the logos and things within the store itself. But I can pass on any information that you might say regarding .... Ms. Smiley: I'm just curious. I'm not suggesting you door you don't. I'm just saying this is identifiable and it says right there, dine in or carry out, Wing Stop, the wing experts. I just thought, in most corporations they'd want you to use their prototype or put it out there. But whatever you want to do to, I'm okay with that. Mr. Brightman: I'm sure that whatever signage they settle on will be done consistent with the City. Mr. Morrow: Primarily, our role is to make sure it's a conforming sign. You're pretty much given the latitude what you want. As you say, hopefully the reputation will precede the sign and everybody will know what it is. Mr. Brightman: Right. Mr. Morrow: As far as the grease trap, we just want to make sure you're aware it could be something, but it sounds as though that's not a problem and you'll be conforming with Engineering and the plans and everything like that. Mr. Brightman: Yes. Mr. Morrow: Anything else? Mr. Bahr: When do you anticipate opening? Mr. Brightman: Well, today as we turn around, its probably going to be May 1. My guess is, I mean the days go by, so we're almost at May 1. My guess is probably August 1 or September 1. Mr. Elliott: September or so. Mr. Brightman: Once they gel going, things go pretty fast, but it takes a little while to gel all the approvals, etc. April 24, 2012 26088 Mr. Morrow: Mark, on that subject, say we forward it to Council tonight. When do you think it can gel through City Council? Just a ballpark figure to give them an idea. Mr. Taormina: Probably mid-May is when they will appear at the Council. At the end of May, they'll get their permits or get their approvals. So they're looking at probably a June timeline for permitting and under construction in July and August. They should meet their target. Mr. Morrow: Does that sound within the ballpark? Mr. Brightman: We are grateful for everything that can be done to make the timeline move faster. Mr. Morrow: Are there any other questions? Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I'm going to close the public hearing and ask for a motion. On a motion by Bahr, seconded by Wilshaw, and unanimously adopted, it was #04-36-2012 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 24, 2012, on , Petition 2012-03-02-06 submitted by A to Z Wings, L.L.C. requesting waiver use approval pursuant to Section 11.03(c)(1) of the City of Livonia Zoning Ordinance #543, as amended, to operate a full service restaurant (Wing Slop) at 28517 SchoolcraR Road within the Millennium Park retail center, located on the south side of SchoolcraR Road between Middlebell Road and Inkster Road in the Northwest 1/4 of Section 25, which properly is zoned G2, the Planning Commission does hereby recommend to the City Council that Petition 2012-03-02-06 be approved subject to the following conditions: 1. That the maximum customer seating count shall not exceed seventy (70) seals; 2. That this restaurant shall provide internal disposal of grease waste in accordance with Section 13.20.380 of the City Code of Ordinances; 3. 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; and April 24, 2012 26089 4. That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies 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 subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. 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. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. We want to wish you all the luck in the world. We've got two energetic young men, and I'm sure they'll make it a success. Mr. Brightman: Thank you very much. Mr. W lshaw: Good luck to you. Mr. Andy Elliott: Thank you. ITEM #3 PETMON 2012-03-02-07 LAS PALAPAS Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012- 03-02-07 submitted by Agustin Ochoa requesting waiver use approval pursuant to Section 19.06 of the City of Livonia Zoning Ordinance #543, as amended, to construct an outdoor dining patio and add seats in connection with an existing full service restaurant (Las Palapas) at 33308 Plymouth Road within the Fountain Park Plaza retail center, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27. April 24, 2012 26090 Mr. Taormina: This request is for an outdoor dining patio area and to add seals at a restaurant that is located within the Fountain Park Plaza retail center, which is on the north side of Plymouth Road between Farmington and Mayfield. The site in question is zoned C-2, General Business. Fountain Park Plaza is made up of several different buildings. Closest to the intersection of Plymouth and Farmington is a Dollar Tree that was originally constructed as a Walgreens. Immediately to the east of the Dollar Tree is what is referred to as Retail Building "B". This is a 12,600 square foot multi -tenant building that presently contains Biggby Coffee, Red Olive Restaurant, Zip Tanz, Check Smart, BoRics Hair Care, RJ Ice Cream & Pie, and Jimmy Johns Sandwiches. Immediately to the east of that is the building that we will be looking at this evening, which is referred to as Retail Building "A", which is a 5,287 square foot building that contains two tenants, Las Palapas, which occupies about 3,280 square feel, that's the westerly portion of the building; and then Wild Bill's Tobacco, which occupies the balance of that building. As you move further to the east, there are two banks. The banks were part of the original development of Fountain Park Plaza, as was the condominiums located immediately to the north. The large green area is a wetlands area that was preserved as part of the development. Las Palapas received waiver use approval to operate as a full service restaurant originally in February, 2010. They were restricted to 94 interior seals. They are proposing to add 20 seats within the proposed outdoor dining patio. By adding those 20 seats, they would raise the seating count up to 114. The patio would be constructed along the west side of the restaurant within the 24 foot wide space separating Retail Building "A" from Retail Building "B". There is a walkway that leads from the walk in front of the stores to some parking and some service areas located at the rear of these buildings. There is a small fountain structure with some landscaping. To accommodate the new patio, the landscape areas would be removed. The seating area would measure about 420 square feet, which is 12 feet in width by about 35 feel in depth. The perimeter of the outdoor seating area would be enclosed by a 36 -inch high decorative aluminum fence. Access to the patio would be by means of the door that presently exists on the west side of the restaurant. There would be an emergency access point on the north side of the patio. We've measured the distance between the patio and the nearest condominiums. To the nearest condo, it's about 125 feet to the garage, and then probably 150 feet to the closest living area. Currently, Jimmy Johns Sandwiches utilizes a portion of this outdoor patio area for some outdoor seating. They were permitted nine outdoor seats. They have three umbrella tables next to their unit. This, April 24, 2012 26091 as they are showing it on the plans, would not interfere with that area. They might have to rearrange some of the tables, but it does show how it can be done and still maintain access between the two outdoor dining areas. The parking was computed on the basis of a group commercial center where it was known prior to the development that more than 15% of the floor area would be devoted to places of assembly, including restaurants. When we measure parking for these types of uses, we compute it based on a ratio of one parking space for every 125 square feel of useable floor area. The overall parking was figured collectively for all of the buildings that make up Fountain Park, and the existing number of parking spaces does comply with the Zoning Ordinance and should accommodate the additional outdoor seating. However, currently at times of peak demand, it's well known that parking at the site can be busy and sometimes forces patrons of these retail areas to park either at the banks or the adjacent Dollar Tree facility. In terms of exterior changes, they are not proposing any exterior changes to the building, only the addition of the patio. We have indicated some of the concerns that were expressed at the study meeting with respect to lighting, outdoor speakers and advertising. The petitioner can respond in terms of what his thoughts are in those areas. With that, Mr. Chairman, I can read out the correspondence. Mr. Morrow: Please Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated April 13, 2012, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced waiver use approval request. The address for this site is confirmed to be 33308 Plymouth Road. Should this project proceed, it is important that the developer's architectlengineer address storm water drainage changes as a result of this site work, to ensure that there is no negative drainage impact to the adjacent property." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated April 3, 2012, which reads as follows: 'This office has reviewed the plans for this petition to conshuct an outdoor dining patio and add seats in connection to a full service restaurant located at the above referenced address. 1 have no objections to this proposal." The letter is signed by Earl W. Fester, Fire Marshal. The third letter is from the Division of Police, dated April 11, 2012, which reads as follows: "1 have reviewed the plans in connection with the petition. 1 have no objections to the proposal" The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth April 24, 2012 26092 letter is from the Inspection Department, dated April 19, 2012, which reads as follows: "Pursuant to your request, the above - referenced petition has been reviewed. The following is noted. The number of existing parking spaces meets the requirements of the ordinance, however, at certain times during the day the parking lot is full and patrons are required to find parking spaces on neighboring properties. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions for the staff? Mr. Bahr: Mark, you mentioned that sometimes parking goes over to the Dollar Tree or the bank. Do they have any control over that, or as part of the development, do they have to allow that to happen? Is the Dollar Tree able, for example, to say customer parking only and keep that from happening? Mr. Taormina: I'm not aware of any issues or problems related to the parking extending beyond this area and onto the adjoining properties. I'm not aware of any problems associated with that. Ms. Smiley: Mark, was there any discussion about cutting the seating inside if they're going to 20 outside? Mr. Taormina: Why don't I just let the petitioner respond to that? I know he has to move some seats around. It could very well mean that a few of the inside seats have to be removed in order to make adequate ingress and egress from the restaurant through that doorway to the outdoor patio, but I'll lel him explain how many that might involve because I really don't know. Ms. Smiley: Its a busy restaurant. I can't imagine how they're going to move in and out of there without eliminating some of that. Thank you. Mr. Taylor: Through the Chair to Mark. Mark, what about landscaping? They're going to take a little bit of landscaping out. Now, I know they've got a nice landscape area behind the building. Is that considered part of their landscaping? There's a lot of trees and shrubs right behind their building. Mr. Taormina: I don't know that it's a part of their landscaping. I think what's happening is the landlord is allowing them to eliminate some of the greenspace in this area and have it replaced with the hardscape, with the concrete patio. The stamped concrete is the material they're going to use. They're going to have to April 24, 2012 26093 widen the pavement for proper access from the front to the back of these stores. I don't know that it's part of their lease unit. Again, I'll let him answer what additional space he's leasing and has the rights to utilize, but I'm guessing that the balance of the area beyond this patio is still just common area as part of the shopping center complex. Mr. Taylor: When did Jimmie John's come in for their outdoor sealing? Mr. Taormina: The notes say that was done at the time they were approved. Mr. Taylor: I dont remember that. Okay. Thank you. Mr. Morrow: Anything else? Mark, are both banks, or just one of those banks, part of this development? Mr. Taormina: They were both part of the development. If you recall, the original plans for Fountain Park identified both of those pads as potential restaurants, but as it turned out, they were both developed as banks, TCF and Fifth Third. Mr. Morrow: They're all part ofthatlotal parking. Mr. Taormina: We computed all the parking originally when that plan came in based on the 1 to 125 standard, and it was with the understanding that there would be cross access and parking between all of the properties within this development. Since then, the properties have been subdivided or split off, and I don't know if any legal arrangements there are between them, but I'm not aware of any problems associated with people parking on the other sites. Mr. Morrow: Okay. I just was curious. I couldn't remember if both of those pads were part of it. If there is nothing else, is the petitioner here? We'll need your name and address for the record. Agustin Ochoa, Las Palapas, L.L.C., 14172 Adene Lane, Belleville, Michigan 48111. Mr. Morrow: Is there anything you'd like to add to the presentation thus far and then we'll see if there's any questions from the Commission? Mr. Ochoa: I know you guys had a few questions. Outdoor lighting, we don't really intend on adding any more lighting. There are two very large lights that exist right outside of that doorway. They provide more than enough lighting. To be honest with you, I'd probably like it to be a little bit dimmer because we do want it to April 24, 2012 26094 be a little bit more intimate. I know sometimes inside the restaurant it gets kind of crazy and it's bright and loud. I know there are a few customers who would really enjoy sifting outside and enjoying a few cocktails and some dinner. Mr. Taylor: You're not having any music out there whatsoever? Mr. Ochoa: No, not at all. Mr. Taylor: And no microphones, like saying your table is ready, Mr. Jones? Mr. Ochoa: No. Actually, our way is kind of crazy, but we actually just go out and call out names. But mostly people wait in the front of the restaurant right now. They wouldn't be waiting in the patio area. Mr. Taylor: And the landscape area that you're going to remove, are you going to put some more trees back behind that to kind of fulfill what you've taken out? Mr. Ochoa: Yeah. I mean that's something that me and developer are going to have to work on together. We would like to use their concrete contractor just to make sure that the pattern on the stamped concrete matches what exists. I know they lend to use mostly the same contractors all the time. We'd be more than willing to add some bigger trees if that's what the neighbors in the back would like, just to eliminate any of the noise that would come from the pato. We'd be more than willing to work with the City or the developer to make sure everything is okay. Mr. Taylor: And we know you have to have a fenced in area because of the liquor, and people cannot go out of that fenced area. Right? Mr. Ochoa: That's correct. Mr. Taylor: That's for the Liquor Control Commission. Mr. Ochoa: That's correct. Mr. Taylor: What about the fountain out in front? Is there some way we can get that thing working again? It's kind of in bad shape. Mr. Ochoa: You know what? I believe it was Mark that I asked before, I said, well, maybe, as one of the requirements we could put it on there that the fountain has to be working. I mean I think its kind of crazy that it's called Fountain Park Plaza and the fountain doesn't work. I think it would be a nice feature. April 24, 2012 26095 Mr. Taylor: I remember we went through a lot when we put that it. There was a lot of argument about that fountain when we put it in. Mr. Ochoa: Its a beautiful fountain. I think they might have lel it go one of the winters, and it cracked. If it can be repaired, it would be nice to have it repaired or even replaced. Like I said, maybe we could put it on as one of the requirements. We can work with the developer or they can just put it in themselves. Gel it fixed, get it working. Mr. Taylor: Do you have any people complaining about parking there to get into your restaurant? Mr. Ochoa: The only complaint I've been having is how come you didn't lake the Wild Bill spot next door over just because they don't want to wail anymore. On any given night lately, thank god, we've been really, really busy. We have up to 50, 60 people wailing. If they're wailing, obviously they've already parked. It would be a lot better for them to be silting down at a table. Mr. Taylor: Well, the good news is that you've got a very successful business. I know that because whenever you go there, like you say, there's always people wailing. That's all I have right now. Ms. Smiley: Is the outside going to be for bar primarily or are people going to eat out there? Mr. Ochoa: Both. I don't know if you've had a chance to come by the restaurant. Yes, we try to give you the whole Mexican experience, that includes Margaritas and beer, but we're not really trying to be a bar. Come to the restaurant, have dinner, have some drinks. Go on down the street, you know, Kickers, One Under, they do all kinds of great things. Go over there for the bar experience. Ms. Smiley: I know you have families. Okay. Then my other question was, because I have been there, have you thought about lowering the number of seals inside? Mr. Ochoa: In order for us to be able to gel the food out there, get the drinks out there, get our wait staff in and out, we do have to remove two of the tables. That will eliminate eight seals on the inside. In the winter when the patio is closed, we would bring them back in, but in order for us to gel everything in and out of the door, we have to remove two tables. Ms. Smiley: Thal sounds good. I would like to see that because it gets really ... I have been to your place. April 24, 2012 26096 Mr. Ochoa: It gets hectic, doesn't it? Ms. Smiley: Yes. Those big Margaritas would look terrible on somebody. Okay. Thank you. Mr. Wilshaw: Welcome back, Mr. Ochoa. Its good to see you again. I'm glad you're able to gel away from your busy restaurant. Mr. Ochoa: This is my day off, right here. Mr. Wilshaw: Certainly your establishment has been a success. I have a couple questions for you though. Your dining area outside is going to basically go on lop of part of the existing sidewalk that goes between the two properties. There's sort of an S shaped sidewalk that goes through there, and you're going to kind of put your dining patio on lop of that. So, you're going to concrete over some of the other area outside of your dining patio area, correct? Mr. Ochoa: That's correct. Mr. Wilshaw: And then that's going to facilitate the walkway for people to be able to go between the stores and the residences behind there, right? Mr. Ochoa: Right. Actually, if you look at the drawings, right before it gels to where our patio would start, it arches away. That way you're able to use our emergency gale, and then you're also able to lake the other way and then walk over to the other shops. Mr. Wilshaw: Okay. I just want to make sure that there's obviously continued access through there for people who want to go to the other stores. The other question I have is, how Tale are you open to right now? Mr. Ochoa: 11:00 p.m. on the weekends; 10:00 p.m. on the weekdays. Mr. Wilshaw: Would you be willing to consider limiting the hours of this outdoor patio to something slightly earlier so you don't have people out there late at night, 11:00 p.m. at night, making noise for the residents that live behind? Mr. Ochoa: Obviously, I can't kick a person out. You can't really do that, but I'd be more than willing to say after 10:00 p.m., nobody gel's sealed outdoors. I'm perfectly happy with that. To be quite honest with you, at 11:00 I just want to go home myself. I don't want to slick around. April 24, 2012 26097 Mr. Wilshaw That sounds reasonable. It's not like you're open until 2:00 a.m. or anything crazy. I think that seems pretty fair if you just slop sealing people after ten-ish or so. Mr. Ochoa: Right. I mean we can do 9:00 p.m. on the weekdays; 10:00 p.m. on the weekends. I have no issue with that. Mr. W Ishaw: Are you going to have those heating lamp type things out there as well to extend the hours of your outdoor dining at all? Mr. Ochoa: Somebody asked me that a couple weeks ago. To be honest with you, I don't know just yet. We just have to see how it works out during the summer and then we'll see whether it's worth it to put those up there or not. If we did put them up, it wouldn't be nothing tacky. And like I said, we don't really intend on doing anything to the exterior other than the railing and extending the concrete. Mr. Wlshaw: Like you said, I think you have certainly a vibrant, lively atmosphere inside, and the outdoor dining would give people perhaps a little quieter, different dining experience if they want that. So it gives them a nice choice. I like that option. Thank you. Mr. Morrow: Anyone else? As it relates to your fountain, I never saw the fountain working. So I dont know how it works if that makes sense. We do have wind in Michigan, and I don't know how that would affect your outside dining. If the wind should be coming from a different direction, you could gel some mist going across the table. Mr. Ochoa: That might also give them the "being in Mexico on a beach experience'. Mr. Morrow: I'm sure you thought about it, but maybe people won't enjoy that experience. Are there any other questions of the petitioner? Is there anybody in the audience that wishes to speak for or against the granting of this petition? Peter Avery, 11844 Farmington, Livonia, Michigan. I live in the condominium complex right behind this restaurant. My concern is the noise from that place, not that I'm aware there's a problem presently, but my concern is primarily how late at night this place is going to be open. April 24, 2012 26098 Mr. Morrow: Excuse me. Could someone please close the door in the back? We have a vacuum cleaner running. We want to make sure we get every word. Now, let's take it from the top. Mr. Avery: Okay. My big concern, what time is this restaurant going to close and are we going to risk having a lot of noise late in the evening? I heard you discussing it, but I'm not clear as to what time its going to close. Mr. Morrow: Based on what we just heard, its 11:00 p.m. They don't stay open any later than that, and he just indicated that he would stop seating after 10:00 to make sure the hours aren't extended. Mr. Avery: That seems to me a little late. Mr. Morrow: A lot of places where they serve liquor and drinks, they sometimes go to 2:00 a.m. He's more of a family restaurant and by the time 11:00 p.m. comes around, he's ready to go home. Mr. Taormina: I think he indicated there are two different times. There is a 10:00 p.m. closing time during the week and 11:00 p.m. during the weekends. So he would stop seating people in the outdoor dining area at 9:00 p.m. during the weekdays and stop seating people at 10:00 p.m. during the weekends to allow them to dine up until closing time, either 10:00 p.m. or 11:00 p.m. Mr. Morrow: Yes, that one modification - during the week it goes from 10:00 p.m. Mr. Avery: I still feel that 11:00 at night, people are not going to suddenly rush out at 11:00 p.m. Its liable to drag on. People live close enough to that to be disturbed. Drinking often turns out to be a noisy business and that's my concern. Mr. Morrow: We appreciate your comments sir. Mr. Avery: Thank you. Mr. Morrow: Seeing no one else coming forward, I'm going to close the public hearing. On a motion by Taylor, seconded by Smiley, and unanimously adopted, it was #04-37-2012 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 24, 2012, on Petition 2012-03-02-07 submitted by Agustin Ochoa requesting waiver use approval pursuant to Section 19.06 of the City of Livonia Zoning Ordinance #543, as amended, to construct an April 24, 2012 26099 outdoor dining patio and add seats in connection with an existing full service restaurant (Las Palapas) at 33308 Plymouth Road within the Fountain Park Plaza retail center, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2012-03-02-07 be approved subject to the following conditions: 1. That the Patio Approval Plan marked Drawing No. AO.1.1 dated June 24, 2011, as revised, prepared by Serra -Marko & Associates, is hereby approved and shall be adhered to; 2. That the maximum number of customer seats shall not exceed a total of one hundred fourteen (114) seats, including ninety four (94) interior seals and twenty (20) outdoor patio seals; and that during the time the outdoor patio is open, there shall be eight (8) fewer seats inside the restaurant; 3. That there shall be no outdoor speakers or sound equipment, including televisions, allowed at any time; 4. That all light fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways; 5. That the fountain shall be refurbished and in working order; 6. That the Petitioner shall slop sealing patrons in the outdoor patio at 9:00 p.m. on weekdays and 10:00 p.m. on weekends; and that the patio shall not remain open after 10:00 p.m. weekdays and 11:00 p.m. on weekends; 7. 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. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; and 2. That the proposed use is compatible to and in harmony with the surrounding uses in the area. April 24, 2012 26100 FURTHER RESOLVED, that nofice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Morrow: Is there any discussion? Mr. Taylor: That seating people on the patio will slop after 9:00 p.m. and 10:00 p.m., depending on the weekdays and weekends. Ms. Smiley: Could I suggest to the maker of the motion that they were agreeable to remove eight seats inside, that we change the sealing to 106 with 86 interior seats and 20 outdoor seats? Mr. Taylor: I think he indicated that he would have to do that anyways. We can get it in the resolution. It might be a little cumbersome removing seals and putting them back in. I don't know. Mr. Morrow: What are your thoughts on that, Mr. Taormina? Mr. Taormina: I think we've done that before. We've fashioned language for one other petition where there was similar type of switch off. I'll have to take a look at it. I can't recall exactly how it was worded. If the desire is to have eight fewer seats within the inside of the restaurant when the patio is open, then we can fashion that language. Mr. Morrow: Okay. Fashion that language. Mr. Taylor: I have no problem. Mr. Morrow: We heard from the petitioner that's certainly something he'd have to do to keep the operation running smooth inside. Mr. Taormina: I dont know if you want that defined in terms of seats as much as defined in terms of compliance with an ingress and egress area that the Inspection Department is going to require. Mr. Taylor: I think by fire law, he can't block that area off. That's what I mean. So we can put it in, but by fire ordinance, he cant block that area off at the door. Mr. Taormina: We'll put together some language and probably include both. Mr. Taylor: I wasn't sure about the 9:00 p.m. and 10:00 p.m. closing out on the patio. I heard different things. I don't think at 10:00 p.m. they're going to get much out there anyway because they have more of an earlier business. It kind of goes down as you get to April 24, 2012 26101 9:00 p.m. and 10:00 p.m. The inside sealing, from when I've been there at that time, is pretty available. Mr. Morrow: We do live in Michigan. Mr. Taylor: There's not going to be too many people outside. But if you want to clean that language up, I have no problem with it, Mark. Mr. Taormina: l understand. Mr. Morrow: Anything else? Mr. Bahr: I actually would move, if there would be support for it, to add in the condition that no advertising be permitted on the seating apparatus outside. I'm not sure if there's support from the Commission on that. Mr. Morrow: Is the maker of the motion ... Mr. Taylor: I have a problem with that mainly because this is set back in between two buildings. This is a Mexican restaurant and that's the way they kind of advertise is they have a lot of balloons and whistles so to speak. If it were out on Plymouth Road, I could see where it would be a problem, but right here, I can't support that. I dont even know if the petitioner is going to do that to tell you the truth. Mr. Morrow: Well, apparently the maker of the motion would like to not address that, Mr. Bahr. Mr. Bahr: Yes. I agree. I don't have strong concerns about it. My primary concern is just whether we'd be getting umbrellas advertising alcoholic beverages or things of that nature. I'm not sure if there's any precedent with other outdoor sealing restaurants in the area if we've specified that or not, but like I said, maybe it's a non -issue with the petitioner, but I'd prefer for Livonia not seeing what I consider tacky beer advertising umbrellas. Mr. Morrow: We understand. Mr. Taylor: I see the petitioner is coming up. Maybe he can answer that question. Mr. Ochoa: I'm going to answer your question real quick if I can. Actually, there is no way that we could advertise any type of beer or alcohol or liquor on any of the umbrellas. It violates Michigan Liquor Control rules. April 24, 2012 26102 Mr. Bahr: Okay. Then I'm totally set. Thanks for clarifying that. Mr. Morrow: That was good bringing that to light. Anything else? We've closed the public hearing. We have a motion before us. May I have the roll call? Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. We wish you well. You heard the gentleman that's a resident there. So we will look forward to your cooperation in holding the noise down as best you can during the evening hours with the outside seating. Thank you. ITEM #4 MOTION TO HOLD A OS DISTRICT REGULATIONS PUBLIC HEARING LANGUAGE AMENDEMENT Ms. Scheel, Secretary, announced the next item on the agenda, a motion to hold a public hearing, pursuant to Section 23.01(b) of the Zoning Ordinance, as amended, to determine whether or not to amend Sections 9.02 and 9.03 of Article IX, OS (Office Services) District Regulations, of the Livonia Zoning Ordinance No. 543, as amended, in order to modify the types of permitted and waiver uses including, but not limited to, real estate and insurance offices, offices of fraternal or religious organizations, and offices of clubs and lodges. (Petition 2012-03-06-06) Mr. Morrow: Mr. Taormina, are there any comments you want to make? Mr. Taormina: Not at this point. This is just a motion to hold a public hearing. It would probably be late May or sometime in June. Mr. Morrow: This is a motion brought forward by the Planning Commission. I will ask for a motion. On a motion by Scheel, seconded by Taylor, and unanimously adopted, it was #04-38-2012 RESOLVED, that the City Planning Commission, pursuant to Section 23.01(b) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to amend Sections 9.02 and 9.03 of Article IX, OS (Office Services) District Regulations, of the Livonia Zoning Ordinance No. 543, as amended, in order to modify the types of permitted and waiver uses including, but not limited to, real estate and insurance offices, offices of fraternal or religious organizations, and offices of clubs and lodges. (Petition 2012-03-06-06) April 24, 2012 26103 FURTHER RESOLVED, that notice of such hearing shall be given in accordance with the provisions of Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report and recommendation submitted to the City Council. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #5 MOTION TO HOLD A C-1 DISTRICT REGULATIONS PUBLIC HEARING LANGUAGE AMENDEMENT Ms. Scheel, Secretary, announced the next item on the agenda, a motion to hold a public hearing, pursuant to Section 23.01(b) of the Zoning Ordinance, as amended, to determine whether or not to amend Sections 10.02 and 10.03 of Article X, C-1 (Local Business) District Regulations, of the Livonia Zoning Ordinance No. 543, as amended, in order to clarify and make certain changes to the types of permitted and waiver uses including, but not limited to, various retail stores, personal service establishments, office businesses, veterinary clinics, SDD licensed establishments, and restaurants. (Petition 2012-03-06-07) On a motion by Wilshaw, seconded by Bahr, and unanimously adopted, it was #04-39-2012 RESOLVED, that the City Planning Commission, pursuant to Section 23.01(b) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to amend Sections 10.02 and 10.03 of Article X, G7 (Local Business) District Regulations, of the Livonia Zoning Ordinance No. 543, as amended, in order to clarify and make certain changes to the types of permitted and waiver uses including, but not limited to, various retail stores, personal service establishments, office businesses, veterinary clinics, SDD licensed establishments, and restaurants. (Petition 2012-03-06- 07) FURTHER RESOLVED, that notice of such hearing shall be given in accordance with the provisions of Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report and recommendation submitted to the City Council. April 24, 2012 26104 Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. ITEM #6 MOTION TO HOLD A C-2 DISTRICT REGULATIONS PUBLIC HEARING LANGUAGE AMENDEMENT Ms. Scheel, Secretary, announced the next item on the agenda, a motion to hold a public hearing, pursuant to Section 23.01(b) of the Zoning Ordinance, as amended, to determine whether or not to amend Sections 11.02 and 11.03 of Article XI, C-2 (General Business) District Regulations, of the Livonia Zoning Ordinance No. 543, as amended, in order to make changes to certain types of permitted and waiver uses including, but not limited to, various retail sales and retail service establishments, wholesale business uses, gasoline service stations, animal care facilities, restaurants, auto -wash establishments, establishments serving alcohol, dance halls, pawn shops, and open-air businesses. (Petition 2012-03-06-08) On a motion by Taylor, seconded by Smiley, and unanimously adopted, it was #0440-2012 RESOLVED, that the City Planning Commission, pursuant to Section 23.01(b) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to amend Sections 11.02 and 11.03 of Article XI, C-2 (General Business) District Regulations, of the Livonia Zoning Ordinance No. 543, as amended, in order to make changes to certain types of permitted and waiver uses including, but not limited to, various retail sales and retail service establishments, wholesale business uses, gasoline service stations, animal care facilities, restaurants, auto -wash establishments, establishments serving alcohol, dance halls, pawn shops, and open-air businesses. (Petition 2012-03-06-08) FURTHER RESOLVED, that notice of such hearing shall be given in accordance with the provisions of Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report and recommendation submitted to the City Council. Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. April 24, 2012 26105 ITEM #7 APPROVAL OF MINUTES 1,022°° Public Hearings and Regular Meeting Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,022otl Public Hearings and Regular Meeting held on April 3, 2012. On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was #0441-2012 RESOLVED, that the Minutes of 1,022otl Public Hearings and Regular Meeting held by the Planning Commission on April 3, 2012, are hereby approved. A roll call vole on the foregoing resolution resulted in the following: AYES: Taylor, Scheel, Bahr, Smiley, Wilshaw, Morrow NAYS: None ABSENT: Krueger ABSTAIN: None Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Morrow: Is there anything else to come before the Commission tonight? Ms. Scheel: Congratulations outto ourfellow Commissioner. Mr. Morrow: Let's get that on the record. Ms. Scheel: On April 23 at 12:28 a.m., Mrs. Krueger gave birth to her baby, "Anders Harland Krueger, weighing 9 pounds, 21.5 inches long. He's perfect in every way." So congratulations Ashley and Damon. Mr. Morrow: Congratulations. On a motion duly made, seconded and unanimously adopted, the 1,023rd Public Hearings and Regular Meeting held on April 24, 2012, was adjourned at 8:10 p.m. CITY PLANNING COMMISSION Lynda L. Scheel, Secretary ATTEST: R. Lee Morrow, Chairman