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HomeMy WebLinkAboutPLANNING MINUTES 2012-03-06MINUTES OF THE 1,021 ST PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, March 6, 2012, the City Planning Commission of the City of Livonia held its 1,021" 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 Ashley V. Krueger R. Lee Morrow Lynda L. Scheel Gerald Taylor Ian Wilshaw Members absent: Carol A. Smiley 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 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 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 2012-01-02-02 TAYFER, INC. Ms. Scheel, Secretary, announced the first item on the agenda, Petition 2012-01- 02-02 submitted by Tayfer, L.L.C. requesting waiver use approval pursuant to Section 11.03(() of the City of Livonia Zoning Ordinance #543, as amended, to operate a second-hand store and resale shop at 11502 Middlebelt Road within the Livonia Crossroads shopping center, located on the southeast corner of Plymouth Road and Middlebell Road in the Northwest 1/4 of Section 36. March 6, 2012 25989 Mr. Taormina provided background on the item and presented a map showing the properly under petition plus the existing zoning of the surrounding area. Mr. Taormina: This site presently contains a multi -tenant shopping complex. Its about 23,000 square feet in gross floor area. There are four tenant spaces available. The property is zoned C-2, General Business. Second hand stores are allowed as a waiver use under Section 11.03(() of the Zoning Ordinance. There are two special restrictions that apply to second hand stores. No outdoor storage or sales can be associated with the use, and ingress and egress must be provided from a public street that has a right-of-way width of at least 120 feet. It is our understanding that this proposal will not involve any outdoor sales, storage or display of merchandise, and the use complies with the second restriction by virtue of the fact that it's located both on Middlebelt and Plymouth Roads, both major thoroughfares. The second hand store would occupy a middle unit that measures about 7,585 square feel in total size. It was formerly occupied by the Family Buggy Restaurant and most recently Nora's Kitchen. Immediately to the south is Play It Again Sports. In 1999, Play it Again Sports obtained waiver use approval to operate a secondhand store similar to what's being requested this evening. The floor plan indicates that the front portion of the unit, about 6,415 square feel, would be used for display and sales purposes. The rear portion of the store, about 1,170 square feel, would be utilized for storage and processing and other utilities. I did have a brief discussion with the petitioner this evening. They've indicated that the name of the store will be Style Trader. Items will not be dropped off nor is this a consignment shop. The items will be purchased by the operator of the store and then resold on the store floor. So it does not involve any type of a drop-off center or receptacle. Parking is adequate for this site. It's based on the useable floor area of the shopping center, and there is more than enough parking available on the site to handle the proposed use. No exterior changes or modifications are proposed other than the installation of a sign. They would be permitted one wall sign totaling about 46 square feet on the face of the building. With that, Mr. Chairman, if you would like, I could go directly to the correspondence. Mr. Morrow: Please. Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated February 17, 2012, which reads as follows: "in accordance with your request, the Engineering Division has reviewed the above -referenced waiver use approval request. There are two discrepancies between the March 6, 2012 25990 written legal description and drawn property boundaries. On the drawing, the south property dimension is labeled as 493.74. The comect number is 439.74. In addition the Point of Beginning on the drawing should be shown at the northwest comer of the section. In addition, the curve data as drawn indicates an arc distance which is in need of revision. None of the above are of great importance as regards the consideration of this waiver use request, but a copy of this letter will be sent to the property owner and Architect so they are aware of this matter. The address for this site is confirmed to be 11502 Middlebelt Road. The petitioner is hereby nobfred (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. 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 then= is no negative drainage impact to any 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 February 6, 2012, which reads as follows: "This office has reviewed the attached plans submitted by Tayfer, LLC. requesting waiver use approval pursuant to Section 11.03 (t) of the City of Livonia Zoning Ordinance #543, as amended, to operate a second-hand store on the property located at the above referenced address. 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 February 7, 2012, which reads as follows: 9 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 February 22, 2012, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. This petition is a change of use and would require that the building meet all current Michigan Building Codes including the Michigan Barrier Free Code. This will be addressed further at the time of our plan review if this project moves forward. 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: Does the Commission have any questions for Mr. Taormina relative to what they've heard or seen? Seeing none, I'll go directly to the petitioner. If the petitioner would please come forward, we'll need your name and address for the record. March 6, 2012 25991 Taylor Bond, 2100 S. Main, Ann Arbor, Michigan 48103. Good evening. Mr. Morrow: Thank you. Is there anything you'd like to add to the presentation you just heard from the Planning Director? Mr. Bond: Not a lot to add other than to say we're excited about the opportunity to bang our new concept to Livonia. We think this is a great place to be. This is a great location. I am the President of Tayfer, L.L.C. I'm also the Chief Executive Officer of Children's Orchard, Inc. We're a national franchise of children's resale stores. We've been around for 30 plus years. This is what we do. We put together high end, upscale resale retail stores. This is a new concept for us, Style Trader, that we're working on. We do not do thrift shops or consignment shops or Salvation Army/Goodwill type shops. These are nice looking, upscale, resale stores. What we strive for is, our customers should be able to walk through the door and not know the difference between used and new. That's how we know we're doing our job and that's what we've been doing for over 30 years. I think you'll be pleased with what we're bringing to the area. Mr. Morrow: Thank you very much. I'll see if any members of the Commission have anyquesfions ofyou, Mr. Bond. Mr. Taylor: Where are you located now? Mr. Bond: We have locations all over the country. The closest one here would be our Ann Arbor location. We're located in the Colonnade shopping center right off of Ann Arbor -Saline Road, at the comer of Ann Arbor -Saline Road and Eisenhower Parkway. We've been in Ann Arbor for over 20 years. I don't know if you're familiar with the area. That store is about 3,800 square feel. Actually, this picture is actually from that store, our Children's Orchard store. Mr. Taylor: Where would you start outwith your merchandise forthis store? Where would you gel it? Mr. Bond: We purchase our merchandise locally. We purchase it from, hopefully, some of you. Mr. Taylor: You have to have something there when somebody comes in to start with. Mr. Bond: One of the reasons why we're hoping to move along the process, we hope this process moves along. We get approval and it moves along quickly because it takes about 60 to 90 days for us to fill our store. We don't just call the resale store place and they show up with a truck full of stuff. We buy it from the March 6, 2012 25992 community. So it lakes about 60 to 90 days to fill the store, and then from there, once the store is open, you're constantly buying and selling and buying and selling. Mr. Taylor: So a family with the children grown up and they want to gel rid of some of this. Rather than give it to the Salvation Army, they bring it to you if its in good condition. Mr. Bond: Yes. And with Style Trader, it will be a little bit different. Children's Orchard is targeted for moms and kids. However, this concept will go from kids all the way through adults. So we will do children. We will do teens, and we will do adult. That's all under one roof. Mr. Taylor: So you have somebody there that says, well, this is worth x number of dollars. We'll give you x number of dollars for this piece. Mr. Bond: Yes. We have a computer system and we have a buying center and a processing, and its all very planned out and very efficient because we have to gel it in, gel it out and gel it sold in order for us to keep things moving. It's all very well planned out. It's an engineering process, really, in terms of how we buy and what we do. Mr. Taylor: Anybody that brought anything to you would come through the front door, though. Mr. Bond: Oh, yes. We don't do things through the back or anything like that. Mr. Taylor: Okay. Mr. Wilshaw: The only experience I've had with places like this is stores like Plato's Closet. Is that pretty much what I would expect to see, something similar to that? Mr. Bond: Its similar. I'm very familiar with Plato's Closet, Play It Again Sports, Once Upon a Child. They're all owned by the same franchisor, same franchise company. That's a company I'm very familiar with. I was once a franchisee many years ago of that organization. So, yes. Plato's Closet would be a good example of what our teen department - because this is like a department store - would operate like or be like. Mr. Wilshaw: Then you'll have the additional departments of kids, young children, teens and then also adults as well. Mr. Bond: Right. So it's sort of Children's Orchard meets Plato's Closet meets Clothes Mentor. If you haven't heard of Clothes Mentor, March 6, 2012 25993 Clothes Mentor is adult clothing, mostly women's clothing, purses, that kind of sluff, all under one roof. Mr. Wilshaw: Is your store going to primarily focus on clothing or is there going to be any other types of things for sale there? Mr. Bond: Its going to be clothing and accessories. We don't anticipate doing much in the way of furniture or any of that kind of sluff. That's not what we do. This is going to be very much clothing oriented, clothing and the appropriate accessories, shoes and bags. That kind of stuff. Mr. Wilshaw: Okay. If someone comes in with say a bagful of clothes that they want to sell to you that are gently used, how do you go about the process of evaluating them, and do you laundry them or what do you do before you put them out? Mr. Bond: We ask that people bring in laundered clothing. We do something very unique in our industry in that we do what we call walk-in buying. So you can gel in and gel out. We actually promote walk-in buying so people can come in and bring us up to about two bags worth of sluff. We'll gel them in and out in 20 minutes or less. In fact, we have a guarantee. If we dont gel you out in 20 minutes or less, you gel $5.00. Our process is, you can see, its to move it fast. We're computerized so we can identify what an item is. Our people are trained how to identify what quality is, what brands we're looking for. We have a touch screen computer and all that. We buy it and we can either pay you cash or we can pay you store credit. What we don't buy, we usually give people an option. Either we return it back to the seller, to the trader, or we usually work with organizations like the Salvation Army or others where we work with local charities to give them the option to donate it. If they want to donate it, then what happens is we hold onto the sluff and then, for example, in Ann Arbor, we have the Salvation Army come by our store three times a week and they pick up all the sluff that we have available for them to donate. It works out very well in that people feel good about the opportunity to, one way or another, they've done something useful with their clothing. I think that's a big part of the appeal in terms of what we offer. Mr. Wilshaw: It sounds good. Thank you. Ms. Krueger: What are your hours of operation going to be? Mr. Bond: It will be 10:00 a.m. to 8:00 p.m. during the week and usually 12:00 p.m. to 6:00 p.m. on the weekends. March 6, 2012 25994 Ms. Krueger: Is there ever an occasion where someone will come by afferhours and just drop off bags of clothes at the front of the store? Mr. Bond: Not that we want them to. No, we don't have outdoor drop-off. We don't do dropoff. Drop-off doesn't work for us. It doesn't make sense for us. Its not what we're looking for. Ms. Krueger: Have you ever had that experience, though, where someone just stops by and drops off clothes in front of the store? Mr. Bond: You mean when we're closed and just leave it? Ms. Krueger: Yes Mr. Bond: I don't think I have to be honest with you now. Not personally. Ms. Krueger: Okay. Thank you. Mr. Bond: Usually when they come to us, they want to get some money, some value for it. Mr. Morrow: Any other questions? Mr. Bahr: Most of my questions have been asked already, but just one, out of cunosily. Is this your first Style Trader? Mr. Bond: This is a new concept. Mr. Bahr: Do you have plans for more of those locally or nationally? Mr. Bond: Both, because we are a franchisor. This is prototype store. So the idea behind the prototype is, this is your marquis store. This is the store that people come to from all over the country to observe and see how it operates and how it works because they want one too. So we have expansion plans both in Michigan, because we see other markets that we think this works well for in Michigan as well as on a national scale from a franchising perspective. Mr. Bahr: Thanks. Mr. Taormina: Just a quick question. I don't know if this was asked yet or if you commented on it, but is this 100 percent clothing and accessories? Does this extend to any other types of merchandise? March 6, 2012 25995 Mr. Bond: I don't think so. No. I mean it's ... Mr. Taormina: Will there be home goods or is itjust a clothing store? Mr. Bond: Right. Yeah. We're not looking for lamps and posters and that kind of stuff. No. That's not what we do. Mr. Morrow: One thing that I wanted to point out, you may have heard in the correspondence from the Inspection Department relative to the change of use whereby the building would have to be brought up to all current codes. Are you leasing the building? Mr. Bond: We are. Mr. Morrow: Would that be a problem? Mr. Bond: I don't anticipate it. I know that there were bathrooms that were built to ADA standards. From my perspective, we expect that. I've done hundreds of build -outs. I expect everything has been brought up to code, both stale, local and federal. Mr. Morrow: I wanted to point that out because, you know, I have no idea what it is or what the cost would be, but they would be bringing you up to code, whether electrical or plumbing. Mr. Bond: According to the lease that I signed, the owner has to do that, and the owner is a very good man. Mr. Morrow: Then you're covered. Mr. Bond: Yes. Mr. Morrow: Another thing, loo, that we do with resale shops is, because if this goes through and the waiver is granted, that runs with the land, meaning that another operator could come in and do resale or used merchandise without having to go through the process, which, you know, when we approve something, we're fairly well convinced that it's a first class operation, something Livonia can be proud of and the citizens. However, that may not be the case with somebody that follows you. So we stipulate that should you be granted this waiver, that any subsequent use of the waiver in the same category be subject to the approval of the City Council. It gives them a chance to meet with the new director and be convinced that the first class operation will continue. Do you have any problem with that? March 6, 2012 25996 Mr. Bond: I don't have a problem with first class operations. Mr. Morrow: But as far as, say you were to sell your business and somebody comes in with new goods and a new type of operation, same line but different people. Mr. Bond: Okay. Now you have me a bit confused there. Mr. Morrow: What I'm saying is, your use runs with the land and if somebody comes in and starts selling used clothing, they may not be as high a quality as what you're running. It may not be an operation that we would necessarily ... Mr. Bond: Are you indicating that if I were to sell the store to somebody else, they would have logo through this process again? Mr. Morrow: That's exactly right. They would have to convince the City Council that this operation would be concurrent. If you sell it to somebody else or you leave, that waiver would stay. So somebody you don't even know could come in and set up shop without having to go through this process where we have no idea how the operation goes. Do you follow that? Mr. Bond: I do follow that. And your question again was? Your question to me, again, was, do I mind? Mr. Morrow: Do you have any problem with that consideration? Mr. Bond: With all due respect, whether I have a problem with it or not, really doesn't make a difference. If that's the way it is, then ... Mr. Morrow: Its not the way it is. We cannot condition R. Only you can agree to it. Mr. Bond: Then, obviously, I mean, ifyou're asking me as a businessman, I'd rather not condition il, but I don't want to be told I can't do what I want to do either. Mr. Morrow: If you dont want to do it, you don't have to, you know. I mean I'm only pointing it out that most people agree to it. We're not trying to force it down you. It's just we want to know how you feel about it before we take our vole. Mr. Bond: I don't have a problem with it. If you're saying that .... Mr. Morrow: All I'm saying is that if either you sell the operation to somebody or you leave and another operator comes on the scene, the City March 6, 2012 25997 Council has the opportunity to meet with them to see if they can continue the waiver. Mr. Bond: I wasn't prepared for a question like that to be honest with you, because a lot goes on in a question like that, especially when you're a franchisor. I guess what I would say is, if there's room for negotiation here, that the point I would make is, I dont have a problem with that condition, but to me, if it remains a Style Trader, if the operation remains that of Style Trader, I would rather not have to go through this process again. If it becomes something else, then I certainly see that. Mr. Morrow: The Planning Director can correct me if I'm wrong, but in other words, if you had a change of management in Style Trader, but it's the same operation, I would suspect that is not affected. It's only if something totally new comes in. Mr. Bond: When you say something, you mean concept -wise? Mr. Morrow: Yes. If you leave that building, the waiver remains. Mr. Bond: If Style Trader leaves the building? Mr. Morrow: Yes. Mr. Bond: Oh. I was going to ask you, why am I standing here if there's a Play It Again Sports in the space next door. Mr. Morrow: No. Its not that. Mr. Bond: Okay. I get it now. No, I don't have a problem with it Mr. Morrow: If you sell it to somebody else, not Style Trader, or you leave and somebody else comes in, they dont have to go through the process. Mr. Bond: If I sell it as a Style Trader to somebody else, they dont have to go through this process. Mr. Taormina: That is correct. Mr. Morrow: All we're trying to do is make sure you have some kind of control or convince the City Council that the operation is a quality operation. Mr. Bond: Makes sense to me. March 6, 2012 25998 Mr. Morrow: Okay. Well, I'm sorry it look so long to get through to you. I'll have to practice that up. Mr. Bond: My fault, not yours. Mr. Morrow: Okay. Is there anything else before I go the audience? Is there anybody in the audience that wishes to speak for or against the granting of this petition? If there's nothing further from the Commission, I'm going to close the public hearing and ask for a motion. On a motion by Bahr, seconded by Scheel, and unanimously adopted, it was #03-20-2012 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 6, 2012, on Petition 2012-01-02-02 submitted by Tayfer, L.L.C. requesting waiver use approval pursuant to Section 11.03(() of the City of Livonia Zoning Ordinance #543, as amended, to operate a second-hand store and resale shop at 11502 Middlebell Road within the Livonia Crossroads shopping center, located on the southeast corner of Plymouth Road and Middlebell Road in the Northwest 1/4 of Section 36, which properly is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2012-01-02-02 be approved subject to the following conditions: 1. That the utilization of the building shall be in accordance with the Floor Plan, as received by the Planning Commission on January 31, 2012; 2. That there shall be no outdoor sales, storage or display of merchandise, and no storage of merchandise or other materials in any type of temporary or portable unit, structure, trailer or donation receptacle; 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; 4. That no LED Iighthand or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 5. That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits, occupancy permits and zoning compliance permits; and March 6, 2012 25999 6. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. 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; 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, 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, 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. If I've confused you tonight, would you, sometime after the meeting, not tonight, meet with the staff and they will fill you in on what we mean by this condition as far as the waiver. Mr. Taylor: Back to that subject, normally what we do with something like this, we have the petitioner sign a letter saying that they have no problem with what we're talking about. If you sell the business to someone else, the waiver use doesn't go with the other person. Normally, Mark, are we going to do that or not with the City Council? Mr. Taormina: This is the exact same condition that was imposed on Play It Again Sports back in 1999. That business, as I understand it, has changed hands at lead once without the need to go back to March 6, 2012 26000 the City Council. So it's a very similar type of agreement to be entered into. Mr. Bond: I wanted to ask about a seven day waiver. Mr. Morrow: I just wanted to clear that up before we go on. Mr. Wilshaw: I'd like to offer a seven day waiver on this item. They have talked to the Council President and been approved to gel on the next meeting. On a motion by Wilshaw, seconded by Scheel, and unanimously adopted, it was #03-21-2012 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective date of a resolution after the seven-day period from the date of adoption by the Planning Commission, in connection with Petition 2012-01-02-02 submitted by Tayfer, L.L.C. requesting waiver use approval pursuant to Section 11.03(t) of the City of Livonia Zoning Ordinance #543, as amended, to operate a second-hand store and resale shop at 11502 Middlebell Road within the Livonia Crossroads shopping center, located on the southeast comer of Plymouth Road and Middlebelt Road in the Northwest 1/4 of Section 36. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #2 PETMON 2012-02-02-03 WADE SHOWS Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012- 02-02-03 submitted by Wade Shows, Inc. requesting waiver use approval pursuant to Section 11.03(1) of the City of Livonia Zoning Ordinance #543, as amended, to conduct a carnival in the parking lots of Sears, sponsored by the Rotary Club of Livonia, consisting of amusement rides, games and food concessions from May 30, 2012 through June 3, 2012, inclusive, on properly located at 29500 Seven Mile Road at the northwest comer of Seven Mile Road and Middlebell Road in the Southeast 1/4 of Section 2. Mr. Taormina provided background on the item and presented a map showing the properly under petition plus the existing zoning of the surrounding area. March 6, 2012 26001 Mr. Taormina: The Rotary Club of Livonia is the sponsor for this event and the operator is Wade Shows, Inc. The zoning is C-2, General Business. Carnivals are allowed as waiver uses under Section 11.03(1)(3) of the Zoning Ordinance. The ordinance allows carnivals to be conducted for a period not to exceed two consecutive weeks unless a time extension is granted by the Director of Public Works. The duration of this carnival is five days. It will run from May 30 thru June 3, 2012. The hours of operation would be Wednesday through Friday from 4:00 p.m. to 11:00 p.m., Saturday from noon to 11:00 p.m. and Sunday from 1:00 p.m. to 6:00 p.m. The carnival would occupy an area within the Sears parking lot that measures about 660 feel in width by 320 feel in depth, which is slightly less than five acres in area. The area is right at the intersection of Seven Mile and Middlebell Roads. The midway is shown extending across the full width of the Sears property along Seven Mile from Middlebelt Road all the way to the western limit of the site. This would require the temporary closure of the main entrance drive off Seven Mile Road. Access will still be available off Middlebell and from the west across the Livonia Marketplace property. The northerly limit of the carnival boundaries is basically coterminous with the south edge of a driveway that extends across the middle of the site. This aisleway connects the Sears parking lot with Livonia Marketplace and this drive will remain open. It continues further west to another drive that connects with Seven Mile Road at a signalized intersection. Again, the west boundary would trace basically the western lot line of the Sears property which is immediately adjacent to Livonia Marketplace. The plan defines an area in the extreme northerly portion of the Sears parking lot as housing. This area measures about 250 feet by 200 feet and is just south of St. Marlin's Avenue. This area will be used to store trailers and other equipment, and it is also where the carnival personnel would be housed. With the previous approvals, temporary housing was not permitted on the site. This aspect of the operation was conducted off site, but they are asking for consideration this evening that during this event they be allowed to have that temporary housing within that portion of the Sears parking lot. That is basically the extent of the request. We also have a detailed plan showing the layout of the carnival and the midway. Mr. Morrow: Is there any correspondence? Mr. Taormina: Yes, Mr. Chairman. There are four items of correspondence. The first item is from the Engineering Division, dated February 17, 2012, which reads as follows: "in accordance with your request, the Engineering Division has reviewed the above- March 6, 2012 26002 referenced waiver use approval request. It appears that no part of the carnival or associated housing will occupy any road right- of-way. Both Seven Mile and Middlebeff Roads are under the jurisdiction of Wayne County. Any activities which impact the road right -0f --way must be permitted by the County. The address for this site (the Sears store) is confirmed to be 29500 Seven Mile Road. The petitioner may find it beneficial to schedule a meeting 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. The second letter is from the Livonia Fire & Rescue Division, dated February 15, 2012, which reads as follows: "This office has reviewed the attached plans submitted by Wade Shows Inc. requesting waiver use approval pursuant to Section 11.03 (I) of the City of Livonia Zoning Ordinance #543, as amended, to conduct a carnival sponsored by the Rotary Club of Livonia consisting of amusement rides, games and food concessions from May 30, 2012 through June 3, 2012, inclusive, on the property located at the above referenced address in the Southeast 1/4 of Section 2. 1 have no objections to this proposal with the following stipulations: (1) This division requests that the entrance drive be posted (on both sides) "Fire Lane — No Parking". (2) Access around Midway shall be provided for emergency vehicles. (3) Fire lanes shall be not less than 20 feet of unobstructed width, able to withstand live loads of fire apparatus, and have a minimum of 13 feet 6 inches of vertical clearance. (4) Fire lanes shall be marked with freestanding signs that have the words Fire Lane — No Parking painted in contrasting colors (on both sides) at a size and spacing approved by the authority having jurisdiction."The letter is signed by Earl W. Fesler, Fire Marshal. The third letter is from the Division of Police, dated February 22, 2012, which reads as follows: 7 have reviewed the plans inn connection with the petition. The section of parking lot located on the southeast comer of Seven Mile and Middlebeff appears adequate for the carnival. In regards to public safety, 1 would recommend the petitioner would have to provide a security detail for this function utilizing Livonia police officers and/or reserves. This can be arranged by contacting Officer Keith Schoen of the Livonia Police Community Services section at 734-466-2369." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated February 22, 2012, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. All necessary permits and inspection approvals will need to be obtained from the Inspection Department if this project moves forward. This Department has no further objections to this petition." The letter March 6, 2012 26003 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. Taylor: Mark, what is the orientation of the map for Seven Mile and Middlebelt again? Mr. Taormina: I'm going to guess that Seven Mile Road is on the right-hand side of this drawing, but I'm going to let the representative from Wade confirm that. I'm guessing that because it shows an emergency route that I believe lines up with the driveway off Seven Mile. Mr. Taylor: They have four emergency routes. Mr. Taormina: They have four emergency routes, and I'm thinking that maybe this is Seven Mile Road. Mr. Taylor: Maybe we can find out from the petitioner. Mr. Bahr: Mark, do we have any parking requirements for something like this? Mr. Taormina: No, we do not. Its usually just handled within the existing parking lot. We don't determine additional parking based on this. Al this particular location, we don't see that as being a problem. Mr. Morrow: Would the petitioner or his representative come forward please? We'll need your name and address for the record. Joanna Hardesty, Wade Shows, Inc., 4277 E. M-36, Pinckney, Michigan 48169. Good evening. I'm here representing Wade Shows. Mr. Morrow: Thank you. Is there anything you'd like to add to the presentation before we ask you a few questions? Ms. Hardesty: Just to clarify that you're absolutely right. We were proposing that Seven Mile Road would be on the right of that drawing. Mr. Morrow: Are there any questions of the representative? Mr. Wilshaw: Ms. Hardesty, have you had an opportunity to determine how many rides you'll have at this location? March 6, 2012 26004 Ms. Hardesty: Not at this point. That determination has not been made. It could be anywhere between 1510 20 rides. Mr. Wilshaw: Would that include both adult and kid rides? Ms. Hardesty: Yes. Mr. Wilshaw: Did you hear the Police Department's recommendation that you use police reserves for security? Ms. Hardesty: Yes. That is already part of the plan for this event. Mr. Wlshaw: Okay. Thank you. Mr. Taylor: Are you going to have a Ferris wheel here? Ms. Hardesty: Al this point, I don't know. That determination has not been made whether that will be transported to this site. Mr. Taylor: I was just wondering where it was going to be located. And the restrooms, are those porta-johns or is that one of those trailers? Ms. Hardesty: No. Those are porta-johns that we supply. Porta -johns, sir. Mr. Taylor: Porta -johns. Okay. Thank you. Mr. Bahr: I think you said at the study meeting that you have housing on site when you've done Spree in the past. Ms. Hardesty: Yes. Mr. Bahr: Is that stipulation that we've had in the past of no motors running between 11:00 p.m. to 7:00 a.m., can you abide by that with having housing on site, or do you need to have generators running through the night? Ms. Hardesty: We will need a generator running to supply the housing units. We won't in the midway area, but we would need it to supply power because we're all self-contained. We do bring power with us. We don't tap into anything on site. Mr. Bahr: So there would be generators running through the night in that housing area? Ms. Hardesty: Yes. Mr. Bahr: Okay. March 6, 2012 26005 Mr. Taylor: Mark, obviously we've had it here before. Have we had any problems for the Police Department or anything as far as you know? Mr. Taormina: I believe the carnivals in the past were conducted in the parking lot of Livonia Mall with the storage of the trailers in what used to be a large parking lot in the northwest corner of the property. I'm not aware of any particular problems that occurred over the many years that it was conducted at that location. I imagine they had their share of incidents, but nothing that was associated necessarily with the zoning approvals. Mr. Taylor: Is this is the same show that was at Madonna College a year ago? Ms. Hardesty: Yes. Mr. Taylor: Thankyou. Ms. Hardesty: If I could address Commissioner Bahr and the concern about the running of the generators. We can set that up so that we can insulate that with the empty trailers that we will have on site that would completely screen that area to help insulate the running of that generator that would supply that power. Mr. Bahr: Mark, just that stipulation of no motors running between 11:00 p.m. to 7:00 a.m., will that work with them running the generator during the night. Mr. Taormina: We'd have to eliminate that provision. Mr. Bahr: Thankyou. Mr. Morrow: I assume there would be one generator running. Is that contained in any sort of a trailer or anything like that? Ms. Hardesty: Yes, it is. Mr. Morrow: Maybe I can couch the question this way: the people that stay in those trailers, are they disturbed by the running of the generator? Ms. Hardesty: Not that I'm aware of. Mr. Morrow: The area of our concern is to the north where we have some of those condominiums in relatively close proximity. We're trying March 6, 2012 26006 to head off any noise complaints. If the people in the trailers aren't being disturbed through the night, chances are the people across the street won't be. Ms. Hardesty: We certainly are cognizant of that, and we certainly don't want there to be an issue. If there is, we will address that immediately. Mr. Morrow: I think they offer some sort of insulation to further contain the sound. That would be great. Anything else? Mr. Taormina: Looking at this diagram where it shows an emergency route extending on the right hand side, which would be to the south, was it your intention to have that serve just as an emergency route out to Seven Mile Road? Would you be allowing any public traffic on that entrance drive coming in off of Seven Mile Road, or are you going to have that barricaded? Ms. Hardesty: The plan would be to have it as an emergency route only. We would not have public travel on that. Mr. Taormina: Okay. So you would have some kind of barricade placed out along the front and signage of some sort indicating that they'd have to find an alternative means to the parking area. Ms. Hardesty: Yes. Mr. Taormina: My experience with the parking at Sears for those patrons and probably employees that want to enter from the north where there is a public entrance, the majority of that parking takes place here. There's a driveway that runs east to west that separates the parking that's closest to the building from the parking lot where they show the housing. Maybe it makes sense to move the housing as far to the east as possible in order to get that as far away from the residential units. Mr. Morrow: Would that be possible? Ms. Hardesty: Yes. Absolutely. Mr. Morrow: How many living units will be there? Ms. Hardesty: We have approximately 15 to 20. Depending on how many rides we bring will determine how many units we will have, but there wont be any more than 20. March 6, 2012 26007 Mr. Morrow: Okay. I'm ready to go to the audience if there is no one else wishing to speak. Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I'll close the public hearing and ask for a motion. On a motion by Scheel, seconded by Taylor, and unanimously adopted, it was #03-22-2012 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 20, 2012, on Petition 2012-02-02-03 submitted by Wade Shows, Inc. requesting waiver use approval pursuant to Section 11.03(1) of the City of Livonia Zoning Ordinance #543, as amended, to conduct a carnival in the parking lots of Sears, sponsored by the Rotary Club of Livonia, consisting of amusement rides, games and food concessions from May 30, 2012 through June 3, 2012, inclusive, on properly located at 29500 Seven Mile Road at the northwest comer of Seven Mile Road and Middlebelt Road in the Southeast 1/4 of Section 2, which properly is zoned G2, the Planning Commission does hereby recommend to the City Council that Petition 2012-02-02-03 be approved subject to the following conditions: 1. That the carnival shall be limited to the dales as specified by Wade Shows, Inc., which are May 30, 2012 through June 3, 2012, inclusive; 2. That the proposed carnival operation shall be confined to the area as illustrated on the site plan as received by the Planning Commission on February 8, 2012; 3. That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at lead 60 feel distant from the Seven Mile and Middlebelt Roads right-of-way lines; 4. That all trucks and other transportation equipment shall be parked or stored within the extreme northery portion of the Sears parking lot, but no closer than 60 feet from Sl. Martins Avenue and Middlebelt Road right-of-way lines; 5. That the hours of operation shall be limited to the following: Wednesday, May 30 through Friday, June 1 from 4:00 p.m. to 11:00 p.m.; Saturday, June 2 from 12:00 p.m. to 11:00 p.m.; and Sunday, June 3 from 1:00 p.m. to 6:00 p.m.; and March 6, 2012 26008 6. That access to fire hydrants is provided for the Fire Department. 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 site has the capacity to accommodate the proposed use; 3. That the use of the subject property for carnival purposes will not interrupt the normal traffic flow and circulation in the area and will not impede access to Sears or Livonia Marketplace; and 4. That no reporting City department objects to the proposed use. 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. Good luck on this endeavor. Everybody in Livonia, I think, is familiar with Wade Shows. They've been servicing a lot of events in Livonia for a long time. Good luck on that. Ms. Hardesty: Thank you very much. ITEM #3 PETITION 2012 -02 -SN -01 JOE'S MEAT & SEAFOOD Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012- 02 -SN -01 submitted by Joe's Meal & Seafood requesting approval for additional wall signage for a retail unit located at 33066 Seven Mile Road within the Maiomna Shopping Center, located on the north side of Seven Mile Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 3. March 6, 2012 26009 Mr. Taormina: This is a request for a wall sign on a retail unit located at the Maiorana shopping center which is on the north side of Seven Mile between Farmington and Mayfield. This site is about 4.68 acres in area. It is zoned C-2, General Business, as well as C- 1, Local Business, and P, Parking. The easterly portion of the site contains the mulfi-tenant shopping center building, which has a total of 17,000 square feel. It has eight or nine tenants. Joe's Produce occupies the other building on the westerly portion of the site, which is about 25,000 square feet. Joe's Meat and Seafood is in the process of renovafing the most westerly end unit of the shopping center. This is the space that was previously occupied by Byrds Meals. The unit is entitled to one wall sign not to exceeding 83 square feet in area. That's based on the amount of frontage that the building has along Seven Mile Road. It's 83 feel in length; thus, they're permitted, based on a formula of one square foot of sign area for every one lineal fool of building frontage. The petitioner has been approved and issued a sign permit to replace the sign that used to be there, which was 83 square feel. The new sign reads "Joe's Meat & Seafood." What they are requesting is a second wall sign that totals 45 square feel. The proposed sign is a representafion of the Joe's Produce logo. A similar sign exists near the main entrance of the adjacent Joe's Produce building. Because this is a second wall sign where only one is permitted, it will require a variance from the Zoning Board of Appeals. The plan shows that the sign would be installed on the south elevation of the building. The primary sign, which has already been authorized, Joe's Meat & Seafood, is along the top face of the existing mansard roof. The logo would be installed within the area above the main entrance that is part of the storefront that is currently being renovated. Thank you. Mr. Morrow: Is there any correspondence? Mr. Taormina: There is one item of correspondence from the Inspection Department, dated February 22, 2012, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. The petitioner shows two signs where only one is permitted. A variance from the Zoning Board of Appeals would be required for the second wall sign in an excess of 45 square feet. 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: Mark, could you go back to the slide where it shows the logo? Yes, now I can see it. March 6, 2012 26010 Mr. Taormina: As you can see, this would be an illuminated sign. Mr. Morrow: Are there any questions from the Commissioners? Seeing none, we can go directly to the petitioner. We'll need your name and address for the record. Joseph Maiorana, Joe's Produce, 33152 W. Seven Mile Road. Livonia, Michigan 48152. I'm representing Joe's Produce. Mr. Morrow: Would you like to add anything to the presentation? Mr. Maiorana: Yes. Five years ago we enlarged our store, and we want to leverage the success that we've had and open up the meat and seafood business. Our logo is pretty much on everything in our store. It's on the wall right in the front our store. It helps tie the two stores in so when people drive up, there's no question it's Joe's Produce and Gourmet Markel. It's our branding, and Joe's Meat and Seafood falls under that umbrella. We also have a catering company that is under the same brand. Mr. Taylor: If I may, Mr. Maiorana, there's a lot of people asking me when you're going to be open because of the fact of what a great fruit market you have, and they're getting excited about the fact that you're going to have meat and fish. They won't have to go shopping all over. They can go one-stop shopping so to speak. Mr. Maiorana: Thank you. I appreciate that. Our target is either April 27 or May 3. May 3 is when we'll probably open up. Mr. Taylor: Are your other signs like this illuminated on the store front? Mr. Maiorana: It is, yes. Mr. Taylor: I couldn't remember seeing them illuminated. Okay. Mr. Maiorana: Itjusl helps the branding. The exterior of the building looks like the exterior of our current building. The interior is going to look very much like our new section that we put on. When you walk up to the seafood and the meat, it's going to be the same type of stainless steel counters in keeping with the look and design that we have at the store currently. Its basically treated as a sub -department of our current store. We want to just kind of keep that theme so that people are very comfortable and go between the two stores because having it in another building is somewhat of a challenge, but I think if we leverage our branding March 6, 2012 26011 and we do the job that we've done prior to this store opening, I think we'll do very well. Mr. Taylor: I understand you're going to put a brickscape from one building to the other to kind of conned it. Mr. Maiomna: Yes, we are. That would make the traffic flow easily between the two operations. It kind of gives them a path of travel. Mr. Taylor: Would you like to advertise the kind of fish and meal you're going to have while you're on TV? Mr. Maiomna: Certainly. We're going to have premium quality seafood. We're going to fly it in or gel it from local vendors. We're going to have a 60 fool meal counter, so we're going to have a wide variety. We're going to make our own sausage. We're going to carry premium meats. We're going to have a full service counter. We'll have several butchers on staff. We're basically going to do the meal and the seafood the way we do everything in our store. We're basically going to be very service oriented, customers first, and kind of just basically like an old time butcher shop just with a modem twist. Mr. Taylor: And the checkouts will be right there in the store. Mr. Maiomna: Yes, there will be three checkouts there. This store is arranged very conveniently, very shopable. The flow is very good. I had a professional lay out it out and clothe design work. Ms. Scheel: Will the hours be the same? Mr. Maiorana: Exactly the same. Yes. Mr. Morrow: I think at the study session you had indicated you're going to have a different color bag. Mr. Maiomna: Yes. We're going to have kind of a sage green color bag so there's no confusion. Basically, if you're going to the meat store, then you travel into the produce store, there will be no confusion that way or vice versa. Mr. Morrow: So you don't think the connotation of green will affect the sale of your meals? I was thinking you might want to switch the bags. Mr. Maiorana: I didn't think that but our meal is going to be red. March 6, 2012 26012 Mr. Morrow: I just wanted to mention that. 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'll ask for a motion. On a motion by Taylor, seconded by Krueger, and unanimously adopted, it was #03-23-2012 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2012-02SN-01 submitted by Joe's Meat & Seafood requesting approval for additional wall signage for a retail unit located at 33066 Seven Mile Road within the Maiomna Shopping Center, located on the north side of Seven Mile Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 3, be approved subject to the following conditions: 1. That the additional sign shall be in accordance with the Sign Plan, as received by the Planning Commission on February 10,2012; 2. That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for excessive number of signs and sign area and any conditions related thereto; 3. That no LED lightband or exposed neon shall be permitted on the building or around the windows; and, 4. That the signage shall not be illuminated beyond one (1) hour after this business center closes. 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 every success and look forward to your new operation. Mr. Maiorana: Thank you very much. Is there any way that it can be expedited? Mr. Taylor: Can we do that, Mark? Do you have any problem with a seven day waiver? Mr. Taormina: I have no problem. Mr. Taylor: We'll ask for the seven day waiver. Mr. Maiorena: Thank you very much ITEM #4 APPROVAL OF MINUTES 1,020m Public Hearings and Regular Meeting Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,020'" Public Hearings and Regular Meeting held on February 14, 2012. On a motion by Wilshaw, seconded by Scheel, and unanimously adopted, it was #03-25-2012 RESOLVED, that the Minutes of 1,020th Public Hearings and Regular Meeting held by the Planning Commission on February 14, 2012, are hereby approved. A roll call vole on the foregoing resolution resulted in the following AYES: March 6, 2012 NAYS: 26013 Mr. Morrow: Do you have any connections in the city? Normally, the Council ABSTAIN: President makes the ruling. So Mr. Taylor, you're offering the motion? Mr. Taylor: Yes, I am. On a motion by Taylor, seconded by Wilshaw, and unanimously adopted, it was #03-24-2012 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective date of a resolution after the seven-day period from the date of adoption by the Planning Commission, in connection with Petition 2012 -02 -SN -01 submitted by Joe's Meal & Seafood requesting approval for additional wall signage for a retail unit located at 33066 Seven Mile Road within the Maiorana Shopping Center, located on the north side of Seven Mile Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 3. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Again, good luck. Mr. Maiorena: Thank you very much ITEM #4 APPROVAL OF MINUTES 1,020m Public Hearings and Regular Meeting Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,020'" Public Hearings and Regular Meeting held on February 14, 2012. On a motion by Wilshaw, seconded by Scheel, and unanimously adopted, it was #03-25-2012 RESOLVED, that the Minutes of 1,020th Public Hearings and Regular Meeting held by the Planning Commission on February 14, 2012, are hereby approved. A roll call vole on the foregoing resolution resulted in the following AYES: Wilshaw, Scheel, Bahr, Krueger, Taylor, Morrow NAYS: None ABSENT: Smiley ABSTAIN: None March 6, 2012 26014 Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,021" Public Hearings and Regular Meeting held on March 6, 2012, was adjourned at 8:00 p.m. CIN PLANNING COMMISSION Lynda L. Scheel, Secretary ATTEST: R. Lee Morrow, Chairman