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HomeMy WebLinkAboutPLANNING MINUTES 2012-05-08MINUTES OF THE 1,024TH PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 8, 2012, the City Planning Commission of the City of Livonia held its 1,024P 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 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 PETMON 2012-04-02-08 RED OLIVE Ms. Scheel, Secretary, announced the first item on the agenda, Pefifion 2012-04- 02-08 submitted by Panos II Foods, Inc. requesting waiver use approval pursuant to Section 11.03(h) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with an existing full service restaurant (Red Olive) at 33326 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. May 8, 2012 25107 Mr. Taormina: This is a request to utilize a Class C liquor license in connection with an existing full service restaurant. The location is on the north side of Plymouth Road just east of Farmington Road. This is the Fountain Park Plaza. Fountain Park altogether is a planned development that consists of five commercial buildings all with frontage along Plymouth Road and a complex of 10 condominium buildings to the north. In terms of the commercial part of the development, right at the corner of Plymouth and Farmington Roads is a Dollar Tree, and then remaining four buildings moving from west to east include Retail Building "B", which is a 12,639 square foot building. The Red Olive is situated in this building. There are seven tenants within that building, including Biggby Coffee, the Red Olive Restaurant, Zip Tanz, Check Smart, BoRics, RJ Ice Cream & Pie, and Jimmy Johns Sandwiches. The next building immediately to the east is referred to as Retail Building "A" and that is about a 5,287 square foot building and contains two tenants, including Las Palapas Restaurant and Wild Bill's Tobacco store. Moving further to the east are two branch bank buildings, including the Fifth Third Bank and a TCF Bank. Red Olive occupies a 3,057 square fool unit within Retail Building "B: This unit has about 37 feel of frontage on the building. Its located immediately east of the end unit which is occupied by Biggby Coffee. This same tenant space was originally built as a Honey Tree Restaurant, for which waiver use approval was granted in 2006. Approval of the original waiver use was conditioned on there being a limit of 106 customer seats. With this petition there are no plans to increase the seating count in connection with the proposed Class C Liquor License. Class C licenses are allowed as a waiver use under Section 11.03(h) of the Zoning Ordinance. Again, this license will allow the petitioner to sell beer, wine and other types of liquor and spirits for consumption on the premises. Section 11.03(h)(1) of the ordinance specifies that any proposed Class C licensed establishment shall not be located within 1,000 feel of any existing Class C licensed establishment. This would not comply with that provision. There are two existing Class C licensed businesses within 1,000 feet of the Red Olive Restaurant. Those include Las Palapas, which is in Retail Building "A" at a distance of approximately 160 feet, and Slinger's Bar and Grill. I'll refer to the map that I presented to the Planning Commission this evening and try to zoom in on the area and show you the concentration of licenses in this particular area of Plymouth Road. The proposed license is identified on the map as B. Number 12 identified on the map refers to Las Palapas. The next closest is Slinger's which is identified on the map as 11. Other licenses within this vicinity include 9 and 10 on the map, which are Woodland Lanes and May 8, 2012 25108 Buddy's Pizza. With that I'll answer any questions, Mr. Chairman. Otherwise, I'll go to the correspondence. Mr. Morrow: Let's go righttothe correspondence. Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated September 30, 2012, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above-referenced waiver use request. The written legal description provided with the request adequately describes the premises. The address for this site is confirmed to be 33326 Plymouth Road. Via copy of this correspondence, the petitioner is hereby notified (for informational purposes) that City Ordinance No. 13.20.380 addresses the discharge of Fats, Oils and Grease into City sanitary sewers. The Ordinance prohibits the discharge of these items in excess of 100 parts per million, unless prior approval is received from the Director of Public Works." 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 17, 2012, which reads as follows: "This office has reviewed the plans for approving this petition to utilize a Class C liquor license 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 letter is from the Inspection Department, dated May 8, 2012, which reads as follows: "Pursuant to your request, the above-refemnced petition has been reviewed. The following is noted. The petitioner is located closer than 1,000 feet to another Class C establishment This requirement may be waived by Council. 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? I see none. Would the petitioner come forward? We will need your name and address for the record please. Enrico E. Soave, Kucyk, Soave and Fernandes, P.L.L.C., 37771 Seven Mile Road, Livonia, Michigan 48152. Good evening, everyone. Red Olive would like to utilize a Class C License al this location in an effort to become more competitive and to increase the dinner rush and evening sales. They have no plans to add any more May 8, 2012 25109 sealing here. They have no plans to add a bar. This would be a service bar accessible only to the Red Olive's staff and employees. Additionally, the hours will vary slightly to close at 10:00 p.m. I'd like to answer any further questions. Mr. Morrow: Thank you. Are there any questions of Mr. Soave? Ms. Smiley: You said the hours will varyto closing at 10:00 p.m. Mr. Soave: Right now they close at 9:00 p.m. Ms. Smiley: Monday through Thursday, right? Mr. Soave: And the weekends too, Friday and Saturday. So if this was approved, they would bump it up to 10:00 p.m. to allow an extra hour for increased business. Ms. Smiley: Okay. Thank you. Mr. Taylor: I have a little bit of a problem with this because of the 22 licenses that we have from Newburgh to Inkster in Livonia. You're telling me that he's not going to put a bar in per se though. Mr. Soave: Correct. There are no immediate plans to put a bar in there. Right now it's only seating. The bar would not be accessible to patrons. The bar would be in service area adjacent to the kitchen. So you won't be able to walk up, sit down and the bartender come and ask what would you like this evening. Everything would be ordered via the wail staff. Mr. Taylor: And that's a plus. I can maybe support it because there is no bar in there and it's really an ancillary use to the food. If it were a bar, I would definitely vote against it, but I'm leading toward supporting it. Thank you. Ms. Smiley: Mark, RJ's, the ice cream place is closed now, right? Mr. Taormina: I was not aware of that. Ms. Smiley: Well, it is. I just was up there not loo long ago. That's closed and there's a smokers on the other side of Las Palapas and that's open. Mr. Taormina: Yes. Ms. Smiley: Is there another vacancy in there? May 8, 2012 25110 Mr. Taormina: I'm not sure if the check cashing place is sell open. Ms. Smiley: Check Smart. Icouldn'ttell. Mr. Taormina: If that's still open then I think the only vacancy might be the RJ's, which I was not aware of. Ms. Smiley: Well, that didn't look like it would be a restaurant other than an ice cream place. It's not that big, is il? Mr. Taormina: It was approved as a Slucchi's Ice Cream originally. I would have to go back and take a look. It is conceivable, if it was approved as a limited service restaurant, that there could be an opportunity for a similar type use to move in there. Ms. Smiley: But it's not nearly as big as Las Palapas or Red Olive? Mr. Taormina: No, the space itself is probably only a single unit. I think Red Olive is a double unit whereas Stucchi's was only at the most a 20 fool unit. Ms. Smiley: Okay. Thank you. Mr. Wilshaw: Mr. Soave, would your client be willing to enter into a conditional agreement that this Class C license would be just for your business only so that if for some reason Red Olive was to leave and another restaurant come in there, they would have to come in front of the City Council again for approval before getting a Class C License? Mr. Soave: I explored that and disclosed that to my client before tonight's meeting, and yes, they would be amenable to entering an agreement of such. Yes. Mr. Wilshaw: Okay. Thank you. Mr. Morrow: Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I will close the public hearing and ask the Commission for a motion. On a motion by Scheel, seconded by Smiley, and unanimously adopted, it was #0542-2012 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 8, 2012, on Petition 2012-04-02-08 submitted by Panos 11 Foods, Inc. requesting waiver use approval pursuant to Section 11.03(h) of the City of Livonia Zoning Ordinance #543, as amended, to May 8, 2012 25111 utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with an existing full service restaurant (Red Olive) at 33326 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 114 of Section 27, which property is zoned G2, the Planning Commission does hereby recommend to the City Council that Petition 2012-04-02-08 be approved subject to the following conditions: 1. That the use of a Class C license at this location shall be permitted only under the circumstances that the Zoning Ordinance standard set forth in Section 11.03(h)(1) requiring that there be at least a 1,000 fool separation between Class C licensed establishments is waived by the City Council; 2. That no alcoholic beverages shall be served after 10:00 p.m.; 3. That the petitioner shall not engage in any form of solicitation for business within the public right-of-way of Plymouth Road; 4. That the petitioner shall enter into a conditional agreement limiting this waiver use to this user only, with the provision to extend this waiver use to a new user only upon the approval of the new user by the City Council; and 5. 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; 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. May 8, 2012 25112 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 carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #2 PETITION 2012-04-02-09 TONY'S KITCHEN Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012- 04-02-09 submitted by ADI Management L.L.C. 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 (Tony's Kitchen, aka Dee Dee's) at 34110 Plymouth Road, located on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28. Mr. Taormina: This request involves changes to a previously approved site plan and waiver use. It involves construction of an outdoor dining patio area and a request to add customer seats to an existing full service restaurant. It is currently a Dee Dee's restaurant, although it recently closed. The restaurant is under new ownership and will change its name to Tony's Kitchen. This site has a long history of other eateries being located here, including originally a Burger Chef, Hardees, and a Legacy Coney Island, which was approved in 1998. The current configuration of the site is based on the approvals that look place in 1998 with the Legacy Coney Island. After that, it became a Grecian Garden and most recently a Dee Dee's. The property is on the north side of Plymouth Road between Farmington Road and Stark Road. The site is a little over one acre in size. It has about 160 feel of frontage on Plymouth Road and a depth of 288 feel. The property is zoned C-2, General Business. The aerial photograph shows the location of the property in relationship to the surrounding properties and adjacent land uses. Immediately to the west is the Zerbo's Health Food store, which is also zoned C-2, General Business. Lying to the north and to the east is a paroel that is currently vacant, further to the east of that is the Social Security Administration building, and across Plymouth Road are a variety of commeroial uses. One of the conditions of approval back in 1998 as part of the Legacy Coney Island approval was that the May 8, 2012 25113 seating be limited to 124. There is a detail provided in your packet that shows the sealing plan as it currently exists with a total of 147 seats. The proposed plan for Tony's Kitchen would actually lower the interior seating to 138, although it would still be a few seals more than what was approved in 1998. Then they would add 48 outdoor patio seats, bringing the total up to 186. In terms of parking, what is required under the ordinance is one parking space for every two interior seats, one parking space for every three outdoor patio seals and then one space for each employee. That brings the total requirement up to 95 parking spaces. The site plan provides for a total of 81 striped spaces, which creates a deficiency of 14 parking spaces. Thus, the petitioner will be required to obtain a variance unless he can acquire additional property to either construct or landbank the additional 14 parking spaces. The site plan illustrates that additional parking could be created by expanding the rear section of the existing parking lot to the north, and banked parking is allowed pursuant to Section 18.370) of the ordinance. The pato would be constructed in front of the restaurant, between the building and the public sidewalk along Plymouth Road. This area currently consists of landscaping. Most of the landscape area would be removed and replaced with concrete. The percentage of landscaping for the total site would decrease to about 11 percent. The patio would measure about 24 feet in width by 26 feel in length for a total area of roughly 625 square feel. It would be enclosed by a 42 -inch high decorative metal fence. Access to the patio would be provided by means of a proposed door that would be located on the front elevation of the restaurant. This is how the seating plan exists today with 147 seats. Along the south wall of the restaurant, the wall facing Plymouth Road, booths line up entirely along that wall. The new seating plan shows a few of the booths removed in order to allow for a new access point from the seating area out to the patio area. Then the seating area essentially remains the same. This is the balance of the building showing the kitchen areas and restrooms and all of the other accessory type of operations that occur there. Back to the site plan, there are a few changes with respect to that. They are showing a slight modification to the entry way. The east drive coming into the site is identified as "enter only". However, it's really wide enough to function as two way traffic, but it serves primarily as an entrance. Angled parking is directly in front. As patrons pull into this driveway, they're immediately confronted by vehicles that are parked here, which includes the barrier -free spaces, because the main entrance to the restaurant is located on the east side of the building. In order to gel the flow of traffic a little further away from those parked cars, they're proposing to add a landscape island in the southeast corner of the building just east May 8, 2012 25114 of the proposed patio. They would actually remove some of the landscaping on the opposite side of the aisle way and add a couple parking spaces, thus opening up this driveway to really force vehicles to the island which is shifted slightly to the east. Then the circulation pattern is basically from east to west in a counterclockwise direction. There is a drive -up that exists on the west side of the building. They are removing some very small landscape islands here on the west side and replacing those with a couple of parking spaces, but even with the changes, the four additional spaces, they still don't meet the total required parking for the site and would have to go to the Zoning Board of Appeals. This is a rendering showing what the building will look like after it's completed. It will undergo a complete color change. I'll lel Mr. Tiseo describe that. This is a depiction of the sign. They'll have to relocate the sign a little bit closer to the Plymouth Road right-of-way. With the construction of the patio, that sign will require a variance. I think the plan shows it as its closest point, six feet to the right-of-way of Plymouth Road, whereas the ordinance requires a minimum setback of ten feet. This is the aluminum plaid fencing that they're proposing along the perimeter of the patio. With that, Mr. Chairman, I'd be happy to 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 27, 2012, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced waiver use request. The written legal description on the plan does not agree with the drawn property boundaries. The written description on file with the City also varies from the descriptions on the plans. These are minor discrepancies, and the restaurant location is adequately described for the purposes of this waiver use request. The address for this site is confirmed to be 34110 Plymouth Road. Via copy of this comespondence, the petitioner is hereby notified (for informational purposes) that City Ordinance No. 13.20.380 addresses the discharge of Fats, Oils and Grease into City sanitary sewers. The Ordinance prohibits the discharge of these items in excess of 100 parts per million, unless prior approval is received from the Director of Public Works. The petitioner is hereby notified (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 May 8, 2012 25115 changes, to ensure that them 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 April 23, 2012, which reads as follows: `Concerning the proposed Petition 2012-04-02-09 for outdoor seating at Tony's Kitchen Restaurant, 1 have no objection. For Petition 2012-04-02-10, the liquor license is code compliant with this, existing assembly occupancy, but my issue is that the occupancy load is well over 100 persons. If this were built today, it would require an automatic fire sprinkler system. If Tony's Kitchen Restaurant ever wishes to have live entertainment, this building must have an automatic fire sprinkler system. The judgment of people that are drinking liquor can be compromised in a panic situation. All other Life Safety Systems that am required must be maintained in proper working order." The letter is signed by Earl W. Fesler, Fire Marshal. The third letter is from the Division of Police, dated April 20, 2012, which reads as follows: 7 have reviewed the plans in connection with the petitions. I have no objections to the proposal for either the outside dining or the liquor license issue." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated May 8, 2012, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. (1) A zoning compliance permit and inspections are required for the new occupant. (2) Existing window signage exceeds the maximum ten square feet that is allowed. Excess window signage shall be removed or a variance from the Zoning Board of Appeals would be required to maintain the excess signage. (3) Any additional signage or changes to existing signage must meet the requirements of the sign ordinance and require a permit. (4) All parking spaces are required to be a minimum of 10 feet by 20 feet and double striped. (5) All barrier free parking spaces must be property sized, signed and striped. (6) The proposed outdoor seating area must meet the barrier free requirements. This will be addressed 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: Are there any questions for the staff? Mr. Taylor: Through the chair to Mark Taormina, did the Plymouth Road Development Authority see this plan? Mr. Taormina: Unfortunately, they have not. The plans were submitted after their last scheduled meeting. They don't meet until the third May 8, 2012 25116 Thursday of this month, so we will probably have to take this before the Executive Committee prior to final vote by the Council. But unfortunately, Mr. Taylor, they did not have a chance to review this before tonight's meeting. Mr. Taylor: Thankyou. Mr. Morrow: Are there any other questions of Mr. Taormina? Seeing none, is the petitioners representative here this evening? We will need your name and address for the record please. Ben Tiseo, Tiseo Architects, Inc., 19815 Farmington Road, Livonia, Michigan 48152. Thank you again. I did want to stale that we do now have the cored legal description. Information that I received was that the legal description was from the original property in 1998, and unbeknownst to me that they sold off a part of the back. That was never conveyed to me and that actually was forwarded to me from the attorney. So we do have the legal description correctly now on the site plan. One of the issues that has come up is the parking issue. Again, I was unaware that we were restricted by the 124 seals and that they actually had modified the number of seals in the existing restaurant. My understanding is that there has not been any sealing or parking problem at that location as it exists today, even though they did have approximately 20 additional seats than was approved in 1998. One of the things that the owner is exploring is the landbank. Now we found out that we do not have the property sufficiently behind us to accommodate the Iandbanking spaces. The owner is pursuing two different options. One, he's contacted that owner to purchase the 12 feet up to the right-of- way line of that storm sewer and to use that as a landbank area. That way he would own the property. The other one is he's also talking to the owner of Zerbo's to landbank property on their site to put parking spaces there as well. So that's also being pursued. I wish I had a more definitive answer for that, but unfortunately time has not allowed them to work out all the details. The owner is here. He can address that and lel you know what stage the discussion is at. Also, I did want to point out one thing about the parking. I understand the ordinance and the count. Remember the patio sealing is seasonal, so this will only be used about three, possibly four, months out of the year. It obviously would not be used during the winter months. We're not going to have a canopy over the whole area, so the parking becomes an issue if it is would be for the short time frame in a year. As previously requested, you did ask for the existing floor plan and I did forward that to you, as well as the colors. The owner, again, if you have some questions on that, he can address those as well as the ground signage The other thing May 8, 2012 25117 that was discussed was the waiver for the 65 foot setback on the seating as well. If this is approved, tonight we would ask that we be on the May 14 Council agenda if we have to waiver any time period on it. With that, I'll open up to any questions and the owner can I'm sure answer whatever you have. Mr. Morrow: Are there any questions from the Commissioners? Ms. Scheel: Good evening. Can you tell me what the hours of operation is going to be for inside as well as outside for the patio/ Mr. Tiseo: I'll have to defer that to the owner. Mr. Morrow: Okay. We'll need your name and address before you respond. Anthony C. Isa, ADA Management, L.L.C., 34036 Parkdale, Livonia, Michigan 48150. That's my residence. Mr. Morrow: Thankyou Mr. Isa: The hours will be 6:00 a.m. and I'm trying to make the decision between 10:00 p.m. or 11:00 p.m. Ten is probably the direction I'm thinking about going. Does that answer your question? Ms. Scheel: Is that Monday through Friday or Monday through Thursday, different hours Friday, Saturday, and Sunday? Mr. Isa: I was torn with that. Ms. Scheel: But that general area, so no later than 10:00 p.m. or 11:00 p.m. at night? Mr. Isa: Yes. That's it. Ms. Scheel: What about any extra lighting outside in the patio area? Mr. Isa: The current lighting is pretty good. I don't think that there would be much more lighting necessary. I was thinking in times when it was a little colder, I'd have those heal lamps, the ones that you see as towers, but as far as extra lighting, I dont think that anything is necessary at this point. Ms. Scheel: Okay. And what about outdoor speakers Mr. Isa: We had talked about that. There is some outdoor speakers in the entryway as you walk in, but I was thinking about the music in the restaurant, that volume of music being out for the patio accessible. May 8, 2012 25118 Ms. Scheel: But you would not be adding any additonal outdoor speakers than what is currently? Mr. Isa: For the patio area, I dont know if there's any out at that spot currently, but there would probably be requesting if allowed one speaker to just give a little bit of an ambiance for that and, again, no volume higher than what is currently being used inside the restaurant, which as you know, in a restaurant you don't want that to be what you're hearing. You want that to become part of the background, if that makes sense. Ms. Scheel: Okay. Thank you. Mr. Morrow: It makes sense to me Mr. W lshaw: Mr. Isa, can you tell us a little bit about your restaurant. What is Tony's Kitchen and what are you going to serve and how is that going to work? Mr. Isa: Okay. Thank you for asking. Opening up at 6:00 a.m. I'll be serving breakfast until 11:00, at which time there will be a new lunch and dinner menu proposed. That will be consisting of a casual dining atmosphere. Pizza, brick oven fired pizza, pastas, salads, sandwiches, steaks, some seafood dishes, and then some appetizers as well. Mr. Wilshaw: Okay. And your background in the restaurant business is what? Mr. Isa: I've owned three restaurants in my lifetime, as well as the last 10 years I've been the General Manager for TGI Fridays. Three of their locations. The one in Southfield, the one in Troy and the one in Brighton. My last was running both the one in Troy and Brighton at the same time. Mr. Wilshaw: So you have quite a bit of experience in the restaurant industry. Mr. Isa: Yes, sir. Mr. W Ishaw: Do you own this property? Mr. Isa: Yes, sir. Mr. Wilshaw: Its not a contingent offer? You've already bought it? Mr. Isa: Its purchased. May 8, 2012 25119 Mr. Wilshaw: Okay. Very good. You plan on continuing to use the drive-thru that's currently in the restaurant? Mr. Isa: Yes. Mr. Wilshaw: How is that going to work? Mr. Isa: First, thinking about pizza, as a guy who likes to relax and not have to work real hard, driving lhru picking up a pizza and going home, a limited menu to offer, not the full ... my predecessor had 190 menu items. I'm only going to have 50, 55, 60, like at most. So limit that menu to about 30 easily moving items that they can order. I prefer hopefully to teach the clientele to order ahead of time on the phone and then just drive through, but there will be a limited menu on that board. Mr. Wilshaw: Okay. So that will serve not only people who are maybe on their lunch hour trying to pick up something and go back to the office, but also people on their way home for work will pick something up and go home. Mr. Isa: Absolutely. Mr. Wilshaw: Okay. That sounds good. The color that you're going to have the building ... you provided us a rendering which shows a sort of a dark red color. Is that a fairly accurate representation of the color or do you have chips that you can provide us? Mr. Isa: That is fairy accurate, I believe. Mr. Wilshaw: Sometimes the computer doesn't print the color quite right. Mr. Isa: That is fairly accurate. Absolutely. Mr. Wilshaw: Okay. Mr. Isa: Do you have the copies in front of you? Mr. Wilshaw: Yes. Mr. Isa: Okay. That's a little hard to see on the screen. This is more of a crisp look to it. I would say its very close. Mr. Wilshaw: Sort of a brick red color on the awning and then maybe a little lighter on the bands of color? Mr. Isa: The bands and the trim up top are the burnt orange. Mr. Taylor: Are you in this by yourself or do you have a partner or a wife? Mr. Isa: That's my partner right there. My better half if you will. May 8, 2012 25120 Mr. Wilshaw: Let's see if I have any other questions for you. I assume the grease trap and garbage as so on will be handled the same way as the previous restaurant was handled? Mr. Isa: Actually, probable, at the risk of sounding, actually probably a little better to be honest with you. Looking at the structure and the setup, I will be getting dumped twice a week as opposed to once on the trash, and I'll have a timetable set for the grease trap. Mr. Wilshaw: Do you store it internally in the restaurant and then someone comes and empties it? Mr. Isa: There is a unit that he was leaving out by the grease trap. I am looking into two options. One, having it attached to the building in a more upright piece or having just a different setup, a cleaner setup, so it's not grease all over the place and it doesn t bring rodents and such. Mr. Wlshaw: Okay. Very good. Thank you. Mr. Taylor: There's been five different restaurants in here. How are you going to change things to where you think that you're going to do business there? God love you for coming in and giving it a shot. What are you going to do different? Mr. Isa: A couple things. One, customer service is number one and understanding hospitality is what I've done my whole life, whether it be owning a restaurant that seats 72 that sits way off as a former house that was very successful, or opening up a couple new concepts. Understanding the importance of hospitality and making sure people understand its their place. Its not just mine. And then food quality. The previous owner had originally 320 menu items. I refer to that because execution of something so vast is impossible, and as far as freshness as well. So then he trimmed it down to 190. Again, I'm only going to do 55. Plus my 20 years of experience I think lends to the ability to execute and know what right looks like. Lastly, I'm bringing a brick oven fired pizza that is growing in status in society. It's a healthier option. I dont want to be referred to as healthier, but it is a delicious concept as opposed to a greasier P=a that comes out of a conveyor. That's more unique than other concepts. We'll leave it at that. So I think that will also lend to R. Mr. Taylor: Are you in this by yourself or do you have a partner or a wife? Mr. Isa: That's my partner right there. My better half if you will. May 8, 2012 25121 Mr. Taylor: Okay. You live in the area I understand Mr. Isa: I live 400 yards from the unit, approximately. I'm right being the plaza that's across the street that has the coney island. So on a strong day I could tee it up and probably hit a driver right to my house. Mr. Taylor: So you're going to be there quite a bit. Mr. Isa: I plan on living there. She's already agreed to it. Mr. Taylor: Thankyou. Mr. Morrow: Are there any other questions of the petitioner? Mark, on this deficiency in parking. Do you have any comments on that? Is there any type of waiver from the ZBA or will he have to start purchasing land or get cross parking? Mr. Taormina: No. I think his best bel is to go before the Zoning Board of Appeals and secure a variance. I think it will be important for them to note how the parking, as it exists today, is adequate to serve the facility; that the outdoor dining patio really is not intended to bring additional patrons to the site as much as it is to offer that as a seating option during seasonal times. Also, if they are able to secure a liquor license, that the intent is not necessarily to draw more people than would otherwise come to a very successful family style restaurant, that it's just another option for his patrons. A parking problem here would be a good thing the way I see it. Yet, I'm not too worried about it. I don't know that I've ever seen that parking lot completely full on a normal business day. I hope that he does find himself in a situation where people have to turn around a couple times and maybe go elsewhere. If they have to, then that means he's successful. Mr. Morrow: I concur with what you're saying. I just didn't want him starting to . . . he showed good faith by perhaps buying additional property or working with a cross parking agreement. I'd like to see him exhaust the waiver for the ZBA before he starts either of those two approaches. But we appreciate the fad that you're willing to make that effort. As Mr. Taormina said, I think a parking situation over there would be a good thing. We'd like to see that restaurant stabilized and you as a successful owner of that. Mr. Taormina: Just to add a litlle bit further to that. I dont know that if he goes to an adjoining business and is able to work out a lease deal, for May 8, 2012 25122 example, the property owner to the west. While they may not have a surplus amount of parking to avoid the need for him to go to the Zoning Board of Appeals, it would certainly help during his peak hours of operation, which would not necessarily overlap with that business's peak hours of operation. If he's able to do that, then that could work as well if he secures some kind of a parking easement. Mr. Morrow: Did you follow that? Mr. Isa: Yes. I'll pursue that as well. Mr. Morrow: Hopefully, you can work something out so it's not loo expensive to accomplish that feat. Mr. Isa: Yes. Mr. Wilshaw: I just want to understand. In the prepared resolution, there is reference to banked parking. It doesn't look like this plan will have any banked parking as it stands now. Is that correct? Mr. Taormina: That is correct. This was new information. Unfortunately, we did not update the resolution in time. Mr. Wilshaw: Okay. Thank you. Mr. Morrow: Are there any more comments before I go to the audience? Is there anybody in the audience that wishes to speak for or against the granting of this petition? Sir, we'll need your name and address for the record please. Dan Sollars, 11608 Stark Road, Livonia, Michigan 48150. I own the properly right behind Zerbo's and Pro Cam Video, which is 11608 Stark Road. I'm here with some of my neighbors. I am definitely opposed to any type of outdoor seating. Okay? I do appreciate the fact that it is along Plymouth Road. I am concerned about noise, speakers and lighting. I can tell you that when I bought my property, the reason I bought it was, I walked into the backyard. Its very serene. There's a woods behind our house, behind all of our homes, and we appreciate that. We have deer, rabbits, things like that back there. I have a couple dogs. If I walk back there and I heard noises from a bar, I know my property value is going to drop immediately. I'm definitely opposed to that. I do have some questions about noise that would occur through the dnve-thru intercom. Now, I can tell you it hasn't been a problem in the past, but the previous restaurant was never that busy. So I never had to deal with it. But I do hear the intercom from Wendy's across the street, so I know May 8, 2012 25123 that it can be an issue. Okay? I am definitely opposed to any purchase of any land that goes farther behind the property into the rural area, the woods area that is behind our property, because, like I said once again, that's part of the draw for our property values. We don't want that to go away. Mind you we are right on Stark Road. So what we have is our backyards. We have half to one acre lots and that's where our properly value lies. So I'm sure that anything that affects that will drop our property values immediately. Now, obviously I've lived next to Zerbo's and Walters, which is now gone. And I've had a working relationship with them as far as the fence. My fence runs completely along their whole lot, and along the back where they're talking about ... actually, their parking lot is back there. There's a little piece of property that runs behind us and then their parking lot is back there. So I can see their lights and their parking lot from my property back there. So I'm absolutely opposed to any more lighting back there or anything because it's just not going to help by property value. As soon as I go to sell or anything, they're just going to knock it down right away. I'm a little confused about the sealing. When we're adding a patio out front and from the drawing that I saw earlier, if I counted the tables correctly, there were 12 tables at 4 seats a table; that's 48 seats. That's 48 more people. That's a lot more parking than what's needed now. If that place starts to get busy, then there is a lot more parking that's going to be needed. So I'm a little bit concerned about that, and I wonder where those people are going to be parking. If they're going to be parking over at Zerbo's late at night, I'm a little concerned with that because Zerbo's is not open late at night. I already have issues with them as far as snow plowing and knocking over my fence and all that kind of stuff. Right. Overgrowth of bushes and all that, but we're not here to talk about that today, but I'm here to tell you that it is an issue. I have a real problem with basically the outdoor seating. I don't have a problem with the liquor license, but I dont want people outside. I don't want to see more lights or more sound. Mr. Morrow: Very fine presentation. Mr. Taylor. Mr. Taylor: If it is approved, there are two items: That there shall be no outdoor speakers or sound equipment including televisions, allowed at any time, and also that the light fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways. That's part of the resolution. Mr. Sollars: I appreciate that. I understand. So nothing is going to be aimed directly at my property. I understand that and I appreciate that, May 8, 2012 25124 but you have to understand that when the lights come on at nighttime, it lights up my backyard. I have a couple dogs. They run around. I see people walking around there. There's people that walk their dogs. People that walk up and down Plymouth Road, walk behind there. I understand that some of that is because of where I live and that's going to happen. There's nothing I can do about that, but I certainly oppose anything more than what's going on there right now outdoors, because I know it will have an effect on my properly values without a doubt. Ms. Smiley: Just for clarification, are you at 11608 Stark? Mr. Sollars: Yes, I am. Also, I have the other neighbors with me here, 11614 and 11628. Their properties back up to that woods behind this property. Ms. Smiley: Mark, who owns that RUF property back there? Mr. Taormina: Directly behind the subject property? Ms. Smiley: Yes. Mr. Taormina: West Second Street Associates. They were the developers of the Social Security Administration building. Ms. Smiley: Well, @ is kind of land locked, isn't d? Mr. Taormina: No, it has frontage on Plymouth Road. The RUF portion? Ms. Smiley: Yes. Mr. Taormina: The parcel is not landlocked. The RUF is contiguous to the commercial portion of that site that runs along Plymouth Road. A large portion of that area was developed as part of the stonnwaler retention system for the Social Security Administration building, as well as whatever is developed on this site. So you have commercial zoning here. Then this is the area that was developed with the stonnwater retention basin. Then I believe you have some wet lower areas adjacent to that, what this gentleman has been referring to as the woods back there. That's all part of the RUF zoning that you're talking about. Ms. Smiley: And that could be developed or not? Mr. Taormina: I'm not going to say that it cant be developed. Ms. Smiley: Oh. Okay. May 8, 2012 25125 Mr. Sollars: Excuse me for interrupting. When we talk about additional parking, we definitely do want nothing going further back into that wooded area. Right? Because it goes farther behind our properties. Ms. Smiley: Mr. Chair, I think he's talking like 10 feet behind where it looks like there's parking now. Is that what he's talking about? Mr. Morrow: I think he's talking about an additional 10 feel to the north. Is that correct? Mr. Taormina: I'll lel Mr. Tiseo respond to that. I think he said 12 feel is what would be needed in order to provide some additional parking in the back. Mr. Tiseo: Yes. I believe that from the back from the existing curb today, I believe we own about 12 feet or so. So we need an additional 12 feel to go beyond that to accommodate that extra row of Iandbanked parking. We are not talking about going into the wooded area. I just wanted to make sure that was clear. Mr. Morrow: Yes. Ms. Smiley: I have one more question. Wendy's is across the street, on the other side of the street is Stark and on the corner of Plymouth. Is that right? Mr. Taormina: That's correct. Ms. Smiley: Okay. Thank you. Mr. Morrow: Are there any other questions of the gentleman here? Mr. Sollars: If I may, I'd like to once again reiterate that I dont care if its only 10 feet. It's another additional row of parking and if they are adding approximately 50 seats to the front of the building, and if they are successful, which I hope they are, that parking lot is going to be full. So I will be looking out the window at all those cars and that's not what I want to do. If there is a way to create some kind of barrier or something between us and them, then I am all for that. I'm not opposed to them having a liquor license. I am opposed to anything that affects the environment around my property, light, sound or just the view. Right? That's what I'm opposed to. May 8, 2012 25126 Mr. Taylor: Mark, I know there's a wooden fence behind Zerbo's and whatever the new place is there on the corner. I thought there was a hedgerow or something behind Dee Dee's property. Mr. Taormina: That's the line of trees, the south edge of the wood lot that runs behind his property on the adjacent property. Mr. Taylor: Doesn't that shield you from any cars or lights? Mr. Sollars: Actually, I'm glad you brought that up. That is my wooden fence. Okay? And behind my property, Zerbo's has raised the lot level approximately two to three feel. They don't seem to want to admit that but they have done that. So I can look out my window and I can see ground almost level with my fence. If you walk back there right now, you will see that the bottom of my fence is two to three feel below grade because they've mised that up. Additionally, they park cars back there. Okay? So these are some of the reasons why I'm opposed to it because I see how they stretch the limits because they're a commercial property. They stretch the limits. Zerbo's is very successful. They need more parking. They use whatever they can get. Unfortunately, its in that property back there behind my house and I don't like it. I don't say a lot about it, but it will be addressed soon because my fence is deteriorating because it's actually going underground because they mised their lot level for their parking purposes. That's why I'm here today because I don't want to see things go any farther than they already have. Mr. Taylor: Mark, isn't there a fence or something required behind the property and the RUF property? Right? Mr. Taormina: I'm going to show you two maps and switch back and forth between them. This is the aerial photograph and this is the zoning map. You'll see the commercial zoning extends a little bit further to the north of the Tony's Kitchen properly. This commercial zoning extends all the way back beyond this gentleman's property. So actually, the Zerbo's site up to about this point is all zoned C-2. The area that is immediately adjacent to his rear property line is part of the Zerbo's property, and that is zoned G2. The RUF zoning begins right about here. Mr. Sollars: Okay. So my question is, that little piece that's right behind my property, the commercial property, right behind 11608, was raised two to three feet and nobody asked me if that was okay. So that water drains . and I don't want to bring this up because this is a different issue, but it does drain. I have a fence there that's buried in the dirt. I have to go back there and dig it out myself, and not only that, but that drain runs behind May 8, 2012 25127 11614 also. They have an issue with drainage back there too because they filled that properly in to park cars back there. I don't think that was ever brought up in front of anyone. They just did it. So once again, when I come here, it's because I don't want to see the boundary stretched any further because R's affecting my properly value. Mr. Taylor: Well, you're right sir. What you're saying is, it is affecting your property. This particular item is not really affecting your property except it might add to your aggravation. Have you ever gone to the Engineering Department and found out if its below grade or if your properly is below grade? Have you ever called the City for that? Mr. Sollars: Well, I haven't gone to the Engineering Department but I have had inspectors over there and I had an agreement with Zerbo's regarding the fence that's between us and them. I never had an issue with Walters. But with Zerbos, I did have an agreement. We signed it and the Iasi time they wanted me to sign one for five years, and I said, I'm not going to sign it. Recently, they came and fixed part of my fence because they destroyed it during the winter with their plowing and sluff like that. Those things probably wouldn't have happened if they hadn't raised their parking lot. But no, I haven't gone to the Engineering Department. No. Mr. Taylor: Well, Mr. Chairman, I think we're getting off the subject here on this particular item. Mr. Morrow: I agree. Mr. Taylor: And if he goes to the Engineering Department, I think he could gel some relief. I'm not sure but I'm sure there should be something there. Mr. Sollars: I appreciate that and I'm sorry that this went in that direction. But I still am adamant as far as lighting, sounds and all those things regarding the issue we have in front of us. Mr. Morrow: I think Mrs. Scheel has a question. Ms. Scheel: Actually, I'm all set. What Mark showed us answered my question. Mr. Morrow: Okay. If there's nothing else, is there anyone wishing to speak for or against the granting of this petition? I see a lady coming forward. We'll need your name and address for the record. May 8, 2012 25128 Barbara McEwen, 34101 Plymouth Road, Livonia, Michigan 48150. Our residental address is in Florida. We are owners of Plymouth Roadhouse, the bar that's directly across the street from that business. My husband, who is the owner, was not able to be here tonight and he's drafted a letter. I was wondering if it could be put on record, and I would like to be able to read that. Mr. Morrow: That would be fine. Ms. McEwen: Okay. "Having conducted business in Livonia since 1980, 1 wish to express an opinion .... Mr. Morrow: Ma'am, just a moment. Does this have to do with the liquor license? Ms. McEwen: And the fact that its going to be outdoor seafing and a restaurant. Mr. Morrow: I wanted to make sure we weren't talking about something that wasn't germane to this. As long as it covers both items, particularly the one we're on now, the outdoor seating. Ms. McEwen: I wasn't aware there was any outdoor seating. Nothing was ever sent in the Iefter that I got that said anything about outdoor sealing. So, I didn't even know until tonight that that was an issue. The only thing that's mentioned in here is the heavy congeston of traffic on Plymouth Road. That's the only thing that's mentioned in the letter that would have anything to do with the outdoor seating. Mr. Morrow: How does the letter read? Ms. McEwen: As far as the traffic issue? Mr. Morrow: Well, no. I mean you're responding to something. What did you receive that caused you to write this letter? Mark, can you shed any light on that? Ms. McEwen: That it's a public hearing ... construct a ... oh, you know what? As a matter of fact, it is here. Oh, it's two different ones. One is for the outdoor sealing, one is for the liquor license. We thought it was a duplicate. We only saw it was for a liquor license. So we weren't aware of the outdoor seafing. Mr. Morrow: All right. So if your comments are only to the bar, I'd ask you to come forward on the next petition. Ms. McEwen: Read it at that point? May 8, 2012 25129 Mr. Morrow: Yes, iflhat's germane tothat. Mr. Taormina: The next item on the agenda. Ms. McEwen: All right. Mr. Morrow: Thank you. Is there anyone else in the audience wishing to speak for or against the granting of this petifion? Seeing no one else coming forward, I'm going to close the public hearing and ask for a motion. Mr. Wilshaw: I'm going to make a motion to approve. There's going to be some modifications from the prepared approval resolution that we have before us though. I'll try to point those out as we go along. On a motion by Wilshaw, seconded by Taylor, and unanimously adopted, it was #05-43-2012 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 8, 2012, on the next item on the agenda, Petition 2012-04-02-09 submitted by ADI Management L.L.C. 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 (Tony's Kitchen, aka Dee Dee's) at 34110 Plymouth Road, located on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28, which properly is zoned G2, the Planning Commission does hereby recommend to the City Council that Petition 2012-04-02-09 be approved subject to the following conditions: 1. That the Site and Patio Plan marked Sheet No. Pl dated May 7, 2012, as revised, prepared by Tiseo Architects, Inc., is hereby approved and shall be adhered to; 2. That the maximum number of customer seats shall not exceed a total of one hundred eighty six (186), including one hundred thirty eight (138) interior seats and forty eight (48) outdoor patio seats; 3. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto; May 8, 2012 25130 4. That the sound levels of any outdoor speakers or sound equipment shall be kept to a reasonable minimum so as not to become objectionable, and that the volume not stray beyond the property lines; 5. That all light fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways or adjoining property; 6. That no advertising shall be permitted on any of the seating or table apparatus of the outdoor patio area; 7. That the existing monument sign may be relocated to a point no closer than six (6) feet to the right -0f -way line of Plymouth Road, subject to the approval of the Zoning Board of Appeals for deficient setback (10 feel is required); 8. That the issues as outlined in the correspondence from the Assistant Director of Inspection, dated May 8, 2012, shall be resolved to the satisfaction of the Inspection Department; and 9. 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. 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: Is there any discussion? Mr. Wilshaw: I don't think he's going to be able to landbank the parking spaces. Do we need to modify Condition #3, Mark? Mr. Taormina: I think you do need to modify that and indicate that he will have to seek a variance from the Zoning Board of Appeals or obtain a cross access agreement with Zerbo's for parking. May 8, 2012 25131 Mr. Wilshaw: Okay. We II re -write that one. Mr. Taormina: Actually, the Zoning Board of Appeals is probably the best because I dont think Zerbo's has parking to give up. Mr. W Ishaw: Okay. We'll re-wnle that to indicate that they will have to go to the ZBA for parking deficiency. Number 4 will be stricken in total. Number 5 will be stricken as well. I want to add one other item, that the issues referenced in the Inspection letter dated May 8, 2012, shall be resolved to the satisfaction of the Inspection Department. Mr. Morrow: Who was the supporter? Ms. Scheel: Mr. Taylor. Mr. Taormina: Mr. Chairman, if we could modify the referenced dale on the Site Plan and Patio Plan to May 7, as revised, that would comply with the plan that you've been reviewing this evening. Mr. Morrow: I think that will be approved by both the maker and the supporter of the motion. Ms. Smiley: I just have one question. Does this then prohibit any background music outside? Mr. Wilshaw: It would as proposed unless the Commission feels that they would like to allow light background music that would not stray beyond the property lines. Ms. Smiley: That's what I would like. I agree you shouldn't have speakers out there, but they wouldn't have speakers because those people are going to be wailed on and they're not waiting there to go in. They're not going to be calling names and stuff, but if it's a soft background music similar that you'd have inside the restaurant, that would not offend me. Mr. Morrow: I think we should condition it to, I don't know how many decibels, but just background music. In other words, whatever that amounts to. Mr. Wilshaw: I would be okay with something along the lines of allowing background music such that it is at a volume that would not stray beyond the existing property lines. You wouldn't be able to hear it beyond the property. Mr. Morrow: That sounds good to me. May 8, 2012 25132 Mr. Taylor: I have no problem with that. I have one other question. Is there going to be a speaker before you gel to your drive out window to order? Mr. Isa: There is currently a speaker. Mr. Taylor: There is one there now? Mr. Isa: There is currently with the drive-lhru. It was previously a Burger Chef and a Hardee's, so that is still existing. Mr. Taylor: Thankyou. Mr. Morrow: The public hearing is closed. Are there any other comments? I'm going to ask for a vole now that we have the motion. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Before we get to the request for the other motion, I want to assure the properly owners back there that the owner has heard all of your comments and I'm sure he will work with you as far as lighting, noise and probably be open to hearing from you because I think he probably wants to make you customers and I just wanted to add that to it. Mr. Taylor: I'd like to offer the request for a seven day waiver. On a motion by Taylor, seconded by Wilshaw, and unanimously approved, it was #05-44-2012 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Arficle VI of the Planning Commission Rules of Procedure, regarding the effective dale of a resolution after the seven-day period from the dale of adoption by the Planning Commission, in connection with Petition 2012-04-02-09 submitted by ADI Management L.L.C. 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 (Tony's Kitchen, aka Dee Dee's) at 34110 Plymouth Road, located on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 114 of Section 28. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. May 8, 2012 25133 ITEM #3 PETITION 2012-04-02-10 TONY'S KITCHEN Ms. Scheel, Secretary, announced the next item on the agenda, Pefition 2012- 04-02-10 submitted by Anthony C. Isa requesting waiver use approval pursuant to Section 11.03(h) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with an existing full service restaurant (Tony's Kitchen, aka Dee Dee's) at 34110 Plymouth Road, located on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28. Mr. Morrow: Mr. Taormina, we can just confine it to the liquor license Mr. Taormina: Yes. The next pefition involves the same property, Tony's Kitchen, located on the north side of Plymouth Road between Farmington and Stark Roads. Their request for a Class C liquor license is allowed subject to waiver use approval under Section 11.03(h) of the Zoning Ordinance. The Class C license, similar to our first petition this evening, would allow for the sale and consumption on the premises of beer, wine and other types of alcoholic beverages. That section of the ordinance specifies that Class C licensed establishments shall not be located within 1,000 feel of any existing Class C licensed establishment. This provision is not in compliance. There is one Class C licensed business within 1,000 feel of Tony's Kitchen and that would be the Plymouth Roadhouse, which is directly across the street from the subject site. It is approximately 100 feet away. In addition, there are three other alcohol -serving establishments located nearby, two of which are just beyond the 1,000 fool separation requirement. Those include Woodland Lanes, which is about 1,020 feel away, and Buddys Pizza, which is just under 1,500 feel distant from the subject property. Thomas's restaurant, which currently has a Tavern license allowing them to sell beer and wine for consumption on the premises, is also located across the street. The approval of this request will have to be subject to the waiving of the separation requirement by the City Council by a supermajorily vole in which two-thirds of the Members concur. I do have some correspondence to read out. Mr. Morrow: Okay. Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated April 27, 2012, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced waiver use request. May 8, 2012 25134 The written legal description provided with the request is correct. The address for this site is confirmed to be 34110 Plymouth Road." 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 23, 2012, which reads as follows: "Concerning the proposed Petition 2012-04-02-09 for outdoor seating at Tony's Kitchen Restaurant, 1 have no objection. For Petition 2012-04-02-10, the liquor license is code compliant with this, existing assembly occupancy, but my issue is that the occupancy load is well over 100 persons. If this were built today, it would require an automatic fire sprinkler system. If Tony's Kitchen Restaurant ever wishes to have live entertainment, this building must have an automatic fire sprinkler system. The judgment of people that are drinking liquor can be compromised in a panic situation. All other Life Safety Systems that are required must be maintained in proper working order." The letter is signed by Earl W. Fesler, Fire Marshal. The third letter is from the Division of Police, dated April 20, 2012, which reads as follows: 7 have reviewed the plans in connection with the petitions. 1 have no objections to the proposal for either the outside dining or the liquor license issue." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated May 8, 2012, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. (1) This proposed restaurant is located within 1,000 feet of another establishment with a Class C license. The 1000 foot requirement may be waived by Council. (2) This license shall be subject to all final inspection approvals of the Building Department being obtained. 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 Mr. Taormina? Seeing none, we will go right to the petitioners representative. Frank Kokenakes, 39040 W. Seven Mile, Livonia, Michigan 48152. Thank you, Commissioners. I'm appearing on behalf of Mr. Isa. I'm pleased to be before you today. It was soothing for me for Tony to come to my office and present his vision for this location. He has, in fact, secured a Class C license from Sterling Bank. He informs me that the license actually comes from one of the escrow licenses that are on Plymouth Road. It's not an out -of - county license. That is the actual acquisition of the Class C license is being handled by Mr. Shallal and Mr. Hindo, a different law firm in Oakland County, but he has requested me to assist him in presenting this matter before the Council. I think May 8, 2012 25135 it was significant that in the prior petition that there was mention that in fact there were many, many different restaurants here. Burger Chef, Hardee's, Grecian Gardens, Legacy, Dee Dee's. It's just been a very difficult location to thrive. I think Mr. Isa realized that and that's why he took so much time to reconfigure his concept and also seek out a Class C license because what he wants to do is create an enhanced dining experience. We all know that we might want beer or wine, but we also might want mixed drinks or spirits with our dinner. So he wants to provide that full service enhanced environment. I do note from my own investigation and also from looking at the documentation that the Planning Commission did provide that virtually all the restaurants along Plymouth Road, at least on the south side, do have Class C licenses. I mentioned some in my letter of May 4, but it's clear that the north side of Plymouth Road has difficulty in attracting clientele to make a thriving business. So we do believe that we need to provide that Class C license. Specifically, as indicated, the Livonia ordinance does have that 1,000 foot requirement and there is one other establishment that is within that 1,000 foot radius. I misspoke in my letter. It should have been the Plymouth Roadhouse. I mistakenly said Paddy's Pub, but I would indicate that the Class C license is necessary so that he can compete with and provide an enhanced environment to the other major restaurants along Plymouth Road from the corridor from Farmington Road to Newburgh. We're talking about Buddy's Pizza, Plymouth Roadhouse, Kickers, Herc's, and a few others. So I think its necessary that he's allowed to have that. His establishment is, of course, on the opposite side, the north side, of Plymouth Road. I'm not sure that the major thoroughfare exception from the Liquor Control Commission is applicable, but it is a factor to consider for two reasons. One, typically that major thoroughfare exception is for liquor stores with SDD or SDM licenses. The idea is that you don't want to have a liquor store closer than every half mile, but they make the exception if you're across a thoroughfare, such as if you were having one in Livonia and one in Farmington Hills, for example. The fad that the Liquor Control Commission doesn't deal with major thoroughfares regarding Class C license, I think indicates that they don't consider that an issue of having restaurant businesses next to each other that are serving maybe different fare, but have the capacity to provide full service regarding beverages. I think it makes a better dining experience, as I mentioned. We feel that this Class C license, along with his other concept of bringing the pizza kitchen in, would be a wonderful new drawing card for the Plymouth corridor. And that's what we're kind of talking about. We're trying to be part of making Plymouth Road a destination, similar to where Haggerty Road would be. And finally, I would May 8, 2012 25136 like to mention, because I know this question was raised by Mr. Taylor earlier, there is currently in the old restaurant a seven seat counter. Now we are modifying that because we have to move it out. We want to retain the counter but we're moving it out because we're putting the pizza baking oven behind that space and we need more area. If you look at the plan, just to bring that up, there will be counter space. People could order drinks there, but it's really a preexisting structure that we're moving out to accommodate the pizza oven. We would ask that if the Commission would be so kind that they would offer an approving resolution and, if possible, also a seven day waiver to the City Council. I'd be happy to answer any questions, as would Mr. Isa. Mr. Morrow: Are there any questions of Mr. Kokenakes? Any comments in general? Mr. Wilshaw: Mr. Kokenakes, thanks for being here. It's good to see you. Within the restaurant, there isn't going to be a bar per se. It's just going to be a service bar that the waitresses will go to gel their drinks. Is that correct? Mr. Kokenakes: I believe there currently is ... and I'm looking at the plan that you had from the other petition . . there was a seven seal counter. I believe the current plan also provides for a seven seal counter. Its just moved farther away, I guess south, in the building. It's moved over several feel to allow for the installation of the pizza oven. Mr. Wilshaw: That's not really a bar per se so much as it is counter service like the previous restaurant had. Mr. Kokenakes: Yes. Mr. W lshaw: Okay. That's the only question I have. Thank you. Mr. Morrow: Anyone else? Seeing none, I'll go to the audience and ask if there's anyone in the audience wishing to speak for or against the granting of this petition? If you'll come forward and give us your name and address please. Barbara McEwen, 34101 Plymouth Road, Livonia, Michigan 48150. We reside in Florida. Mr. Morrow: Okay. Now you may read your letter into the record. Ms. McEwen: Okay. "Having conducted business in the City of Livonia since 1980, 1 wish to express an opinion on the request for waiver for May 8, 2012 25137 not only outdoor seating but Class C liquor license at 34110 Plymouth Road. One mile in both directions from this location has no less than 11 establishments that serve food and alcoholic beverage. I believe this is an excessive amount of businesses vying for the same customer base in such a small area. Due to the current economic climate, I believe there are less customers to be had than there were three or four years ago. Speaking for myself, I cannot afford to share even more customers than I already do. As the cost of doing business continues to go up, the only thing going down is my customer count. This same industrial area is declining due to plant closings and job cutbacks. My customer base comes from this area, and as this establishment will be directly across the street from me, I feel it would negatively impact my business and place an unfair financial burden upon my ability to remain solvent and competitive in this ever -shrinking market. There is also the issue of traffic problems. It is already heavily congested with no relief in sight. I have no objection to a restaurant, but strongly oppose a Class C liquor license being granted. Competition in business is often a positive thing in a healthy, economic climate, but in this case, over -saturating the market would be detrimental for all of us that are still in business. That simply should not be allowed. It would be an unfair hardship to us all." That is signed by James McEwen, Owner, Plymouth Roadhouse. Mr. Morrow: Please give that to Ms. Watson. We'll make it part of the record. Is there anything you want to add to the letter? Ms. McEwen: Just on a personal level, I don't have an objection to a restaurant being there. I would like to see something open. Its good for everyone to have something there, but we've been at this location since 1980 and there hasn't been a restaurant there that survived. We've seen them all come and we've seen them all go. And one of the major issues of that is the traffic issue. Plymouth Road is one of the most heavily traveled roads in Wayne County, and it's hard to get in or out of that lot at any time of the day, afternoon or early evening. We ourselves experience the same problem. So if you add a liquor license to that location and more seating and parking for that, you're going to add more congestion on Plymouth Road in that area. Just looking at the picture up there, the area that we specified in the letter only goes to Levan and Merriman. And that area right in there is 11 licenses now with one that is already being pursued by Red Olive. That would be 12. This one makes 13. We just think that's excessive and it makes it hard for anybody else that's there now to do business. Things are bad enough as they are. You add a liquor license there and you're splitting hairs, I 1. That the use of a Class C license at this location shall be permitted only under the circumstances that the Zoning Ordinance standard set forth in Section 11.03(h)(1) requiring that there be at least a 1,000 fool separation between Class C licensed establishments is waived by the City Council; 2. That no alcoholic beverages shall be served after 10:00 p.m.; 3. That the waiver use is limited to the property being used for Class C liquor license purposes in connection with a service bar only; 4. The petitioner shall not engage in any form of solicitation for business within the public right-of-way of Plymouth Road; May 8, 2012 25138 guess would be the word to put. So we're opposed to the Class C liquor license there, but not to there being a restaurant there. Mr. Morrow: Does anyone on the Commission have a question for the young lady? Seeing none, thank you very much for your input. Ms.McEwen: Thankyou. Mr. Morrow: Is there anyone else in the audience that wishes to speak for or against the granting of this petition? Seeing no one, I'm going to close the public hearing and ask for a motion. On a motion by Taylor, seconded by Scheel, and unanimously adopted, 0 was #05-45-2012 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 8, 2012, on Petition 2012-04-02-10 submitted by Anthony C. Isa requesting waiver use approval pursuant to Section 11.03(h) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with an existing full service restaurant (Tony's Kitchen, aka Dee Dee's) at 34110 Plymouth Road, located on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28, which properly is zoned G2, the Planning Commission does hereby recommend to the City Council that Petition 2012-04-02-10 be approved subject to the following conditions: 1. That the use of a Class C license at this location shall be permitted only under the circumstances that the Zoning Ordinance standard set forth in Section 11.03(h)(1) requiring that there be at least a 1,000 fool separation between Class C licensed establishments is waived by the City Council; 2. That no alcoholic beverages shall be served after 10:00 p.m.; 3. That the waiver use is limited to the property being used for Class C liquor license purposes in connection with a service bar only; 4. The petitioner shall not engage in any form of solicitation for business within the public right-of-way of Plymouth Road; May 8, 2012 25139 5. That the petitioner shall enter into a conditional agreement limiting this waiver use to this user only, with the provision to extend this waiver use to a new user only upon the approval of the new user by the City Council; and 6. 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; 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: Is there any discussion? Mr. Wilshaw Just a brief comment. You heard this with the Red Olive petition before and there's been some discussion with this petition as well. I think this body is sensitive to the number of Class C liquor licenses that are on Plymouth Road. This is really sort of directed to the representative from the Plymouth Roadhouse. The fact that this particular liquor license is being used from a license that is in escrow within the City of Livonia holds a lot of weight with me, and I think makes this a lot easier to swallow because we're not pulling a license in from another community. This is one of our own licenses that is being reused, which I think is a good thing. Thank you. Mr. Taylor: Mr. Chairman, also, there's only going to be a service bar. This is not going to be a bar per se. It's just ancillary to the use of food. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Before the young lady leaves, I was going to try to get to this. These will be forwarded to the City Council ITEM #4 PETITION 2012-04-02-11 MENARD, INC. Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012- 04-02-11 submitted by Menard, Inc. requesting waiver use approval pursuant to Section 11.03(p) of the City of Livonia Zoning Ordinance #543, as amended, to construct a new home improvement store at 12701 Middlebelt Road, located on the west side of Middlebelt Road between the CSX Railroad right- of-way and Schoolcmft Road in the Northeast 1/4 of Section 26. Mr. Taormina: This is a request by Menard's to construct a new home improvement store. The subject property is located on the west side of Middlebelt Road between the CSX Railroad to the south and Schoolcraft Road and the 1-96 Expressway to the north. The area being developed is about 26 acres in total area. It includes 800 feet of frontage on Middlebelt Road by a depth of May 8, 2012 25140 who will ultimately decide the approval of both of these. So if you got a notice for this meeting tonight, you'll also receive a notice when it gets to the City Council. Mr. Taylor: I will ask for a seven waiver. On a motion by Taylor, seconded by Wilshaw, and unanimously approved, it was #05-46-2012 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 dale of a resolution after the seven-day period from the dale of adoption by the Planning Commission, in connection with Petition 2012-04-02-10 submitted by Anthony C. Isa requesting waiver use approval pursuant to Section 11.03(h) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with an existing full service restaurant (Tony's Kitchen, aka Dee Dees) at 34110 Plymouth Road, located on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28. 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. Just to add, you've heard comments from the neighbors. I hope you will lake those under advisement should this petition be approved and go forward. ITEM #4 PETITION 2012-04-02-11 MENARD, INC. Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012- 04-02-11 submitted by Menard, Inc. requesting waiver use approval pursuant to Section 11.03(p) of the City of Livonia Zoning Ordinance #543, as amended, to construct a new home improvement store at 12701 Middlebelt Road, located on the west side of Middlebelt Road between the CSX Railroad right- of-way and Schoolcmft Road in the Northeast 1/4 of Section 26. Mr. Taormina: This is a request by Menard's to construct a new home improvement store. The subject property is located on the west side of Middlebelt Road between the CSX Railroad to the south and Schoolcraft Road and the 1-96 Expressway to the north. The area being developed is about 26 acres in total area. It includes 800 feet of frontage on Middlebelt Road by a depth of May 8, 2012 25141 1,400 feel. On March 21 of this year, the City Council gave First Reading to the rezoning of this site from its current zoning classification of M-1, Light Manufacturing, to the C-2, General Business, category. Second Reading and Roll Call on that rezoning is being held until the review of the site plan is completed by the Planning Commission. In terms of the existing conditions, this site contains the now vacant Advantage Logistics food warehouse and distribution center that was used by the Kroger Company for many years. The existing warehouse structure is over 775,000 square feel of which about 666,500 square feel would be removed in order to make room for the new Menard's store. The westerly and probably the most valuable part of the warehouse structure, which is the area that contains a high ceiling, totals about 108,000 square feet. That part of the structure would remain. Just to get you familiar with the aerial photograph, the yellow outlined area represents the area that would be rezoned and where the development would occur. All the building area that you see within the yellow outline would be removed. The portion that is just outside of that yellow outline, lying to the west, that's the portion of the high bay warehouse that would remain. This is before you because retail buildings that contain a gross floor area of 30,000 square feel or more are allowed only as a waiver use under Section 11.03(p) of the Zoning Ordinance. This is the site plan. It shows the location of the new store, garden center, lumber warehouse, outside yard and associated parking, which is located in the westerly portion of the Menard's site. The building would be set back about 830 feet from Middlebelt Road. This plan also shows the location of an outlot area that would be reserved for future development. That outlot area is about 8.8 acres in area. It is situated between the parking lot in front of the Menard's store and Middlebelt Road. Access to the store would be provided by a single drive that extends along the north property line and connects directly to Middlebelt Road, as well as to Industrial Road via an access easement to the north across the Michigan Dairy property. The road that I'm referring to that runs along the north properly line of the Menard's site is located here. That ties directly into Middlebelt Road, but also access is available to Industrial Road via this north drive, which is actually an access easement across a portion of the Michigan Dairy property, which is located directly north of the proposed Menard's building. There is a traffic signal located at the intersection of Industrial Road and Middlebelt Road, and lines up with the road that continues east and provides access to Millennium Park. The main drive extends along the north and continues west providing access to the outside yard area and warehouse structure that is located at the rear of the proposed store in the southwest corner of the site. In terms of the total May 8, 2012 25142 area of the building, the interior space altogether is about 162,340 square feet. That includes 94,432 square feet for retail display, 49,675 square feet for indoor warehouse, 14,482 square feet for receiving, and 3,751 square feet for office and restrooms. Attached to the south side of the building is a 27,648 square feet enclosed four season garden center. This is the detached accessory building warehouse on the property. This area shows you the outline of the proposed garden center. You can see it actually wraps around the west side of the building. South of and adjacent to this garden center is a paved outdoor area that would be used for the seasonal display of garden supplies and materials. This is all open pavemenlwithin the site. The open area extends between the warehouse building and the main building, and extends throughout this entire area. This semi -enclosed lumber warehouse measures about 42,352 square feet. Is it a drive-thru structure where customers pick up lumber and building materials. Access is provided at the north end of the building via two parallel lanes that exit at the south end, where the cars can wrap around and exit. So there is a single point of ingress and egress for vehicles located here. There is a guard shack. So cars coming in off Middlebell Road would park here. If they purchase lumber materials or any other materials where they have to go to the back, they would navigate back to the same road, turn left, come all the way to the guard shack. They would allow them into the backyard area. If the materials that they're going to pick up are located in the warehouse building, there are two lanes. The cars can actually navigate through this semi -enclosed building, exit out the backside, and then navigate back out the same way here to the guard shack to the east, and then out to Middlebelt Road or to Industrial Road where vehicles can then tum left at the signal if they're northbound traffic on Middlebell. In terms of required parking, the main building requires 590 parking spaces whereas the garden center would require 44 spaces, for a total of 634 parking spaces. This plan provides a total of 436 parking spaces. So there is a deficiency of 198 parking spaces. While this number may sound significant, it is right in line with what Menard's parks at all of its other stores. In fact, ft's slightly more than what it has at many of its very well performing stores throughout the country. So they're very comfortable with the 436 parking spaces that they're providing here. The parking lots, in terms of outdoor lighting, contain "shoebox" style light fixtures that are 30 feet in height. There is also some additional perimeter exterior lighting provided on top of the rack storage structures that ran along portions of the rear and sides of the site. The rack storage units run along the perimeter of the site. They begin at the northwest corner of the building and continue to the guard shack. They also continue a May 8, 2012 25143 little bit further along the west property line, south to the accessory building and then they extend all the way along the south property line where it ties into the aluminum fence that is adjacent to the seasonal outdoor garden area. The rack storage units do contain light fixtures on top that help keep the yard area illuminated in the evening. This is a depiction of the outdoor lights shown at 30 feel in height. This is a profile view of those rack storage units, also referred to as a pallet racking screening fence. On the lop of this, there is a light fixture that's mounted to the actual structure. This photo shows the lumber storage yard. This is what the back of the property will look like where customers can come and pick up lumber. They stack the lumber in the upper portions of these bins and then the ones that are actually being selected by the customers are moved out front or down in the lower area so it's not an issue. This photo is a detail of the decorative fence in front of the garden center with some of the decorate lamps. That shows you how the two lie together. So this is the actual visual part from the front of the building and the seasonal outdoor garden center. It shows you where the fence or the rack storage units pick up. From that point, they run all along the rear part of the store. This is 14 feel in height. In terms of the dumpsler, the plans show a trash compactor behind the building area which would be behind a wall. There is a prohibition for outdoor sales. In fact Section 11.03(p) states that there shall be no outdoor sales, storage or display of merchandise in connection with retail sales buildings over 30,000 square feet in size. Menard's typically stores material outside and displays a limited amount of merchandise in the walkway adjacent to the front of the building as well as in the parking lot. So this prohibition will have to be waived by the City Council. We have additional information this evening regarding landscaping. You do have before you a more detailed landscaping plan that shows you the locations, sizes and species of all the plant material that would be provided on the site. One of the suggestions that came out of the study session was that additional landscaping be provided in the area around the monument sign and Middlebelt Road. The plan does show trees being planted along Middlebelt Road as well as some additional plantings in the area of the sign, which is shown just south of the main drive coming into the site off of Middlebelt Road. As far as the building exterior, the primary material is going to be a tan colored split face block. The petitioner had shown you a couple versions of the building at the study session. One is their till up concrete panels versus the tan split face block. In comparing those two types of architectural materials, the Planning Commission has opted for the split face block. So the resolution presented to you this evening does provide that as the primary building material. These are the May 8, 2012 25144 elevation plans but I'd rather just show you the photographs because they tell the story much better. This is the emerald green metal accent panels that are used throughout the construction of the building. You will see these along the fascia trim of the overhangs and the peaked overhang areas at the main and secondary entrances along the front of the building. Here you see the same type of building material being used for their garden center area. What this also shows are these bi-fold window systems that are constructed out of a clear polycarbonate material. During the warm weather, they can actually take these and fold them up so customers can walk in and out between the building and the seasonal outdoor garden area, but during inclimale weather and during the winter months, they can shut those bi-fold doors. All of that is part of the healed structure within the building that is opened year round. This is very typical and this is identical to what they're proposing at the Livonia store. The lumber warehouse, by the way, would be constructed out of the same emerald green metal panels system. In terms of storm water detention, I don't have a plan that shows you the location. It's actually off site. As I showed you on the original plan where they're going to retain property further to the west where there is that high bay warehouse area, there is sufficient land available for Menard's to construct their storm water detention system that would be in the form of a basin that would handle all of the runoff from the developed portion of the Menard's site. The outlots, however, will have to provide their own storm water detention as those sites develop. Lastly, in terms of signage, Menard's has submitted a detailed sign plan. They are showing both an excess of sign area as well as a number of wall signs that will require approval by the Zoning Board of Appeals. I will remind the Planning Commission that this building sets back 830 feel. In terms of scale, both the size of the building and its setback from the roadway, the amount and size of signage is probably in keeping with what's been done elsewhere. This is a photograph of the Toledo store where you see the secondary signs that run along the lop fascia of the building. These are a couple feel in height, but you can see that they are relatively small in comparison to the size of the store. You can just barely make out the main Menard's sign located here. The same type of signage system will be used for the Livonia store. What is unique to the Livonia store will be the design of the monument sign. The monument sign is limited under the ordinance to only 6 feel in height and 30 square feet in area. What Menard's is proposing is 20 feel in height and has a total area of 200 square feel. The Menard's portion of the sign measures 100 square feel. Directly below are four panels that would be available for future tenants within the outlots. The overall length of the sign May 8, 2012 25145 is aboul24 feet. I know that was a lengthy presentation. I know you'll probably have a lot of questions. I do have more photographs as part of my presentation. If you would like, I'll go through the correspondence. Mr. Morrow: Let's get that out of the way before we go to questions. Mr. Taormina: There are several items of correspondence. The first item is from the Engineering Division, dated February 2, 2012, which reads as follows: 9n accordance with your request, the Engineering Division has reviewed the above-rehsmnced rezoning request. The written legal description which was provided is connect. It should be noted that both the written legal description and property boundary drawing encompass more area than that delineated in yellow on the aerial map. The written legal description also excludes the far northwest comer of this parcel, as well as the westerly 477.60 feet of this parcel. Presumably, a future lot split is anticipated. There are very minor discrepancies between the written legal description and the property boundary drawing which can be addressed during the design phase. The address for the entire existing parcel is confirmed to be 12701 Middlebelt Road. (1) The service drive along Middlebelt Road is under the jurisdiction of the City of Livonia. (2) Middlebelt Road is under Wayne Countyjurisdiction. Any work in the Middlebelt Road right-of-way will require Wayne County approval and permitting. (3) There is an existing water main in the westerly side of the Middlebelt Road right-of-way. There is also a private water main that connects to the City water main in Middlebelt Road, and then traverses westerty through this parcel to Industrial Road, where it is again connected to a City water main in the Industrial Road fight of way. Should this project proceed, the designer should contact the Engineering Division as soon as possible to discuss the continuation of this water main loop. (4) There is an 18 inch diameter sanitary sewer in Middlebelt Road that is available to serve this parcel. It may be necessary to extend the sanitary sewer south to your proposed site. (5) The following options may be considered as an outlet for your storm water. (a) Discharge to the Wayne County storm sewer in Middlebelt Road. To do this, permits will have to be obtained from Wayne County, including a long term storm water management permit. (b) Discharge to the enclosed Livonia Drain No. 19 (in Industrial Road). The City will review and permit the storm water management system. To discharge into the City storm sewerin Industrial Road, you may need to obtain a private easement with the Kroger Company to obtain access to the storm sewer. Another option may be to discharge your storm water into Kroger's private storm system (private easement with Kroger May 8, 2012 25146 will be needed). The petitioner is hereby notified (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. Storm water drainage changes cannot have a negative drainage impact to any property. The City of Livonia follows the Wayne County Storm Water Ordinance. The Engineering Division has already provided the Menard Corporation with information on existing utilities. Should the design consultant have any questions regarding site improvements, they should contact the undersigned as soon as possible." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. There is a second letter from the Engineering Division, dated April 27, 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 description which was provided does not directly correlate with the drawing that was provided with this petition request This is a minor matter which can be addressed as the design drawings are prepared for this project. The address for this site is confirmed to be 12701 Schoolcraft Road. In our response to rezoning request 2012- 01-01-01 (copy attached), we addressed utility information for this site. In addition, since the time of our response to the prior rezoning request, we have begun to talk directly to the designer to facilitate an acceptable design as regards matters under the purview of the Engineering Division." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated April 24, 2012, which reads as follows: "This office has reviewed the plans for approving this petition to construct a new home improvement store at the above referenced address. 1 have no objections to this proposal." The letter is signed by Earl W. Fesler, Fire Marshal. The next letter is from the Division of Police, dated April 25, 2012, which reads as follows: "In reviewing the site and plans, 1 have serious safety concems with regard to the driveway facing due east. 1 would recommend that exiting traffic only be allowed to tum right (south) onto Middlebelt. A left tum to northbound Middlebelt from this driveway, especially during peak traffic times will prove not only difficult, but very dangerous. With seven lanes of Middlebelt traffic, and a steady flow of exiting cars from Industrial Road, Millennium Park, and the Meijer drive to the south, making a safe entry onto northbound Middlebelt is going to prove difficult. Motorists are going to take unnecessary risks attempting to make this left tum, with limited safe natural gaps in the traffic Flow. My recommendation is to erect signage directing all traffic that desires to head northbound on Middlebelt to use the Industrial May 8, 2012 25147 Road exit, which is controlled with a stop and go signal. 1 would further add no left tum signs at the Middlebelt exit. 1 also strongly recommend a center concrete island to dissuade motorists from ignoring the signage. Additionally, 1 would suggest approval is contingent on obtaining a permit from Wayne County. This may involve petitioner having to conduct an impact study." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The final letter is from the Inspection Department, dated May 8, 2012, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. (1) The petitioner is proposing outdoor storage and display of merchandise which is not permitted. This can be waived by a super majority of Council. (2) The petitioner shows a deficiency of 198 parking spaces as required by the ordinance. A variance from the Zoning Board of Appeals would be required to maintain this deficiency. (3) The petitioner is proposing a ground sign that exceeds the height and square footage requirements. A variance from the Zoning Board of Appeals would be required to maintain the excess height and size of the ground sign. (4) The petitioner has proposed an excess number of wall signs where only one wall sign is permitted. A variance from the Zoning Board of Appeals would be required to maintain the excess square footage and number of wall signs. 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, before I go to the rest of the Commission, during your presentation, I notice in our resolution, Item 3, that the "primary building materials shall be tan smooth face." I think you were talking split face. Mr. Taormina: Its a combination, Mr. Chairman. It's split face on the front facade and I believe they use a smooth face block on the rear and portions ofthe side ofthe building. Mr. Morrow: My concern is the front. I have no problem with the smooth face but I do with the split face on the front. Mr. Taormina: We'll have to amend that. Mr. Morrow: I want to do that while it's still on my mind. Now, I'll go to the rest of the Commission. Ms. Smiley: I'm sure its just a typo, but in the letter from Kevin Roney, dated April 27, it says the address for this site is confirmed to be 12701 SchoolcraR Road. Its Middlebelt Road, right? May 8, 2012 25148 Mr. Taormina: Yes. Ms. Smiley: Okay. Mr. Morrow: Are there any other questions of Mark? Mark, your presentation was so good ... Mr. Taormina: I'm not sure that's the reason there are no questions, but I'll take your word for it. Thank you. Mr. Taylor: Mark, I was looking at the approving resolution. Are we actually going to sod that whole outlot area and irrigate it? Mr. Taormina: No. I think we tried to except that from the sodding requirement and indicate that it would be acceptable for hydroseeding. Mr. Taylor: I don't think it reads that way. Mr. Taormina: I apologize if it doesn't. In fact, I had that discussion with the Menard's representative today. Mr. Taylor: "That all lawn and landscape areas shall be irrigated by an automatic underground irrigation system" Ms. Smiley: The "outlot area shall be sodded in lieu of hydroseedingf Number one, second bullet. Mr. Taormina: Yes. I think we tried to cover it in the second bullet as Ms. Smiley indicated. It was not the intention to provide an irrigation system on the outlot areas. It would only be for the permanent manicured lawn areas. Mr. Taylor: That would make a lot of sense. Okay. Thank you. Mr. Morrow: Is that it? Is the petitioner here this evening? We will need your name and address for the record please. Charles Sharp, Menard, Inc., 5101 Menard Drive, Eau Claire, Wisconsin 54703. I'm a representative for Menard's Inc. Mr. Morrow: Thank you for your patience. Do you have anything to add to the presentation or anything you'd like to say? Mr. Sharp: On the approving resolution, I was going to bring up Item #3. 1 appreciate that you covered that for me already. Item #7 states that all roof -lop mechanical equipment shall be concealed from public view on all sides by screening. If you would refer to the May 8, 2012 25149 building elevations page, that is CT3, the third figure shows that our roof dimension actually steps down about a foot and a half. In effect, that reduces the need for screening from the front. There is very little mechanical equipment that you can see. We're talking inches at this point. As for the north, south and west, we are surrounded by industrial use. There is a railroad track on the south side, and I do feel that additional screening for that is unnecessary. Mr. Morrow: We'll see how the Commission feels about that. As far as the other view, you're saying the line of sight from Middlebelt would make it impossible to see it with the step down of the roof. Mr. Sharp: I believe there are three rows of air conditioning units. The front row is partially masked by the main Menard sign at the entryway. I believe what you would end up seeing is the top portion on the left and then two lop portions on the right. Mr. Morrow: But you say it is a matter of inches? Mr. Sharp: Yes. And in addition to that, being setback 830 feel from the road ... Mr. Morrow: That's why I say, line of sight. You'd have to be how many feel tall to see it. Okay. Thank you. Is there anything else? Ms. Smiley: Is this building like a prototype. Would this look like the one in Toledo, Ohio, or would it look like the one Jackson? What would it look like? Mr. Sharp: The Livonia building would be fairly unique. We have not built many that have the split face block exterior. As for dimensions, it is very prototypical. Its 480 by 330 feel. The garden center is a 72 fool overhang with approximately 100 to 150 feet of wrought iron fence. I mean that's our front elevation that we shoot for, strive for on all of our developments. Ms. Smiley: Does Menard's usually supply things for builders or for like regular residents? Mr. Sharp: Primarily, we think of ourselves as a do-it-yourself supplier for building materials, appliances, things of that nature. But we do have the capacity to service contractors, builders, that clientele as well. Ms. Smiley: Okay. And do you usually have a sign that big, that ground sign? May 8, 2012 25150 Mr. Sharp: The monument sign? Ms. Smiley: Yes. Mr. Sharp: That is very small for our prototypical development. We would usually on average have about a 200 square foot sign anywhere from 3010 80 feet tall, a pylon sign. That would be a typical sign for us. Ms. Smiley: Really? Okay. Thank you, Mr. Chair Mr. Wlshaw: Just a few beef questions. I did gel a chance to go by the Menard's along 1-96 in Lansing yesterday. I got to see the building materials that its made out of. I believe that's the scored concrete panels. It's not terrible looking, but I definitely like the fad that you're offering the split faced tan block. I think that will look really attractive in comparison to what I've seen at the other store. But a couple questions. One of the major issues that our Police Department brought up, and that even the traffic study that was provided addresses, is the left turns that are going to be coming out of the east entrance onto northbound Middlebell. I believe there is an item in our approving resolution that addresses that by saying that you should have internal signage along the east drive directing northbound existing traffic to use Industrial Road. You probably want to make that even stronger and say that any Teff turn should be prohibited. The signage should probably be in place to prohibit left turns out of that east drive onto northbound Middlebell. Is that okay based on what you've seen from the traffic study that was provided? Mr. Sharp: One of the things to consider is that our busier limes are probably not when there is the highest volume of traffic on Middlebell Road. We'll have customers very early in the morning and then throughout the day. It's their day off. They're ready to go do a project around the house. They come in. We would prefer that people use Industrial Drive with the light and our support of having signage that says as much. Mr. Wilshaw: Okay. So you're going to have wayfaring type signs within the property that indicate to your customers head out the north drive to Industrial Road. Mr. Sharp: Northbound traffic use the service drive to Industrial. Mr. Wilshaw: Okay. I think that sounds like a good solution. If for some reason you find that you are getting cars backing up at that eastern drive, then perhaps once you gel to that point, you can May 8, 2012 25151 consider some altemafives such as the police suggested with adding an island to prohibit those things down the road. I think this is a good first step to address that issue. My other question is about the outlot area. There's obviously a very large space that's going to be unused which is going to be just grass for the time being. I just want to double check. We talked about this in the study meeting a little bit. How are you going to maintain that grass and then, is there going to be any roadways or curb cuts or anything feeding into that area? How is that going to be maintained? Mr. Sharp: It will be maintained just like a lawn in front of any business. It will be mowed with the same regularity as the rest of our lawn. As for access to drive on and off it, there wouldn't be any specific curb cuts. I believe those would be made once a user purchases the land and is ready to develop it, we would give them a curb cut so they have access. Mr. Wilshaw: What type of businesses do you typically see seek those outlots on your other properties? Mr. Sharp: Gas stations and restaurants would be our primary users. Mr. Wilshaw: Okay. Would you be able to estimate how many users you think could typically go on those outlot properties? Mr. Sharp: I think at the very minimum we're looking at three and we could have upwards of five or six. I know our internal plan, the way we drew it originally, was for four outlets. It became six. I think somewhere in there, four to six will probably be what we end up with. Mr. Wilshaw: Okay. And then your monument sign that's going to be at the road is going to allow for some signage for those outlots if they are to be built. Mr. Sharp: Yes. Mr. Wilshaw: Okay. And I believe you had 100 square feet for yourself and then 25 square feel for each outlot user? Mr. Sharp: Correct. Mr. Wilshaw: Okay. Thank you. Mr. Bahr: I just want to reiterate before I ask these questions that I'm very excited that you guys are coming and look forward to see it. You guys have a stellar track record at other places and I'm May 8, 2012 25152 thrilled that you're coming to Livonia. As I indicated at the study meeting, I'm a resident in that area and a frequent shopper in that area and I'm sensitive to the sea of asphalt that is in that area. There is a lot of open space. There's a lot of excess parking space. I know we already covered the parking spot. But just for the record, I'd like to suggest again, and just gel your reaction, to why there has to be that much space reserved in the front for outlots versus just shifting the whole thing up to maybe a single row of ou0ots versus double. If you could just explain that again, please. Mr. Sharp: We are purchasing approximately 46 acres. Our development needs, obviously our footprint is very large. But at the same time, any land that would be behind our building would have zero visibility and would be basically useless. The outlots out front allow us an opportunity to bring more businesses and further develop a parcel that would otherwise be maybe half or two thirds unusable in this case. Mr. Bahr: Thank you. Another question. I just want to clarify one last time regarding the exposure of the rooftop units. These pictures that were provided to us, are these consistent with what we'd be seeing at the Livonia locafion? Mr. Sharp: Very close. Yes. Mr. Bahr: Because I see it peeking outjust a little bit here. Mr. Sharp: Yes. Mr. Bahr: Okay. And then the final question I have is, are you guys still on track to open by Spring of 2013? Mr. Sharp: That is our intention, yes. Mr. Bahr: Great. Thanks. Mr. Morrow: Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I will close the public hearing and ask for a motion. On a motion by Bahr, seconded by Taylor, and unanimously adopted, it was #05-47-2012 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 8, 2012, on Petition 2012-04-02-11 submitted by Menard, Inc. requesting waiver use approval pursuant to Section 11.03(p) of the City of Livonia Zoning Ordinance #543, as amended, to construct a May 8, 2012 25153 new home improvement store at 12701 Middlebell Road, located on the west side of Middlebell Road between the CSX Railroad right-of-way and SchoolcraR Road in the Northeast 1/4 of Section 26, which properly is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2012-04-02-11 be approved for the following reasons or subject to the following conditions: 1. That the Site & Landscape Plan marked CT2 dated May 7, 2012, prepared by Menards, is hereby approved and shall be adhered to subject to the following stipulations: That additional landscaping and trees shall be installed along Middlebelt Road at the front of the property adjacent to the east entrance drive and along the side of the drive; That all permanent lawn areas, except for the detention pond and outlot area, shall be sodded in lieu of hydroseeding; That all permanent lawn and landscape areas shall be irrigated; That the Petitioner shall work with Staff to substitute tree species from the City's approved list of trees; and That all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition. 2. That the Landscape Plan marked CT5 dated May 7, 2012, prepared by Menards, is hereby approved and shall be adhered to; 3. That the Building Elevations Plan marked CT3 dated April 16, 2012 prepared by Menards, is hereby approved and shall be adhered to; 4. That the primary building material on the front of the building shall be tan split -face concrete blocks, as shown on the above referenced Building Elevation Plan; 5. That all customer parking spaces shall be ten (10') feet in width and double striped; May 8, 2012 25154 6. That the deficiency with respect to the number of required parking spaces shall require a variance from the Zoning Board of Appeals; 7. That all pole mounted light fixtures shall be shielded to minimize glare trespassing on adjacent properties and roadway and such equipment shall not exceed 30 feet in height above grade; 8. That any rooftop mechanical equipment that is visible from Middlebell Road shall be concealed from public view using screening that shall be of a compatible character, material and color to other exterior materials on the building; 9. That the petitioner shall secure the necessary stormwater permits from Wayne County, the City of Livonia, and/or the State of Michigan; 10. That the prohibition of outdoor sales, storage or display of merchandise shall be waived or modified by the City Council by means of a separate resolution in which two- thirds of the members of the City Council concur; 11. That wall signage and freestanding sign for this use shall be limited to the signs portrayed on the above referenced Building Elevation Plan and on the Sign Plan marked CT3 dated April 16, 2012, prepared by Menards, subject to variance(s) being granted by the Zoning Board of Appeals for excess sign area and excess number of wall signs on the east elevation. Any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council; 12. That the Petitioner shall install internal signage along the east drive that directs northbound exiling traffic to use the light at Industrial Road and prohibits left turns onto Middlebell Road from the east drive; 13. That no LED Iightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; and 14. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of Application for the building permits. Subject to the preceding conditions, this petition is approved for the following reasons: May 8, 2012 25155 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; 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area; and 4. That the proposed use will provide a viable alternative use for the subject property. 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: Is there any discussion? Mr. Bahr: For Condition 4, that the primary buildings material shall be, and you guys can help me out here, split faced concrete blocks. Is that correct? Mr. Morrow: One side facing Middlebelt. Mr. Bahr: On the one side facing Middlebelt, and the rest would be the tan smooth face concrete blocks. And we were going to delete Condition 8 regarding screening the mechanical equipment. Mr. Morrow: We feel that the step down will shield the one coming off of Middlebelt. Mr. Bahr: Right. Mr. Taylor: Mr. Chair, what you might want to do is say, concealed from public view, that shall be a compatible character, material and color. Just eliminate on all sides by screening. Mr. Bahr: Okay. 8. That all rooftop mechanical equipment shall be concealed from public view using compatible character, material and color to other exterior materials on the building. I'm going to add to Condition 12, "as well as a no left tum sign at the Middlebelt entrance." Mr. Wilshaw: Just to make a brief comment that I echo Mr. Bahr's earlier comments about how excited we are to have Menard's come to our community. They have been an excellent petitioner to work May 8, 2012 25156 with, very accommodating of some of our requests and very timely in getting all the information that we need to us. We really appreciate it and look forward to you coming into the City. Mr. Sharp: Thankyou. Mr. Taormina: I'd just like to reference the revised Site and Landscape Plan dated May 7, and we will add this language to the effect that the petitioner will work with the Planning Department to substitute the plant species so as to be consistent with our recommended Species List from the ordinance. I noticed that a couple of the tree species on this list are not recommended and in my conversation with Mr. Sharp earlier today, he said that it would be no problem to substitute those with species that are acceptable. So we will add that language if that's acceptable to the maker. Mr. Morrow: Is that all right? Mr. Bahr: That's fine with me. Mr. Taylor: Fine with me. Mr. Morrow: Anything else? Before I ask for the vole, yes, you've been very professional in your working with the Staff and the Commission. We appreciate that. I just wantto getthose comments in. With that, please call the roll. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Also, we have a request for a seven day waiver. Ona motion by Wilshaw, seconded by Taylor, and unanimously approved, it was #0548-2012 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 dale of a resolution after the seven-day period from the date of adoption by the Planning Commission, in connection with Petition 2012-04-02-11 submitted by Menard, Inc. requesting waiver use approval pursuant to Section 11.03(p) of the City of Livonia Zoning Ordinance #543, as amended, to construct a new home improvement store at 12701 Middlebelt Road, located on the west side of Middlebell Road between the CSX Railroad right-of-way and Schoolcraft Road in the Northeast 1/4 of Section 26. May 8, 2012 25157 Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Good luck at the next Ievel. ITEM #5 PETITION 2012-03-06-09 ARTICLE IV LANGUAGE AMENDMENT Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012- 03-06-09 submitted by the City Planning Commission, pursuant to Council Resolution #89-12, and Section 23.01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to amend Section 4.02 of Article IV, R-1 through R-5 (Single Family Residential) District Regulations, in order to increase the length of time that recreational equipment is allowed to be stored in the front or side driveways of residential properties. Mr. Taormina: The City Council has asked the City Planning Commission to consider a language amendment to the Zoning Ordinance that would increase the length of time that recreational equipment can be temporarily parked in the front or side driveways of residential properties. Currently, the ordinance allows the temporary parking of one unit of Recreational Equipment for a period not to exceed 36 hours cumulatively in any 7 day period for the purpose of repairing and maintaining the unit for suitable vacation use. Al a study session, the Planning Commission suggested that owners be allowed to temporarily park one unit of recreational equipment for up to 72 hours over a 5 day period. Such a change, for example, would allow the owner to temporarily park an RV in their driveway for up to three days before and three days following a weekend vacation. We've prepared the language amendment to include those changes to go from 36 to 72 hours cumulatively in any 5 days as opposed to 7 days. Thank you. Mr. Morrow: Because this is a Planning Commission petition, I'll go right to the audience. Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, a motion would be in order. Mark, do you want us to read the amendment into the record. Mr. Taormina: I'm not sure. Is that how we have the prepared resolution? Mr. Morrow: We have a resolution prepared, and we'll read that into the motion. May 8, 2012 25158 Mr. Taormina: That would be fine Mr. Morrow: Okay. With that, I'm going to close the public hearing and ask for a motion. On a motion by Scheel, seconded by Smiley, and unanimously adopted, it was #05-49-2012 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 8, 2012, on Petition 2012-03-06-09 submitted by the City Planning Commission, pursuant to Council Resolution #89-12, and Section 23.01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to amend Section 4.02 of Article IV, R-1 through R-5 (Single Family Residential) District Regulations, in order to increase the length of time that recreational equipment is allowed to be stored in the front or side driveways of residential properties, the Planning Commission does hereby recommend to the City Council approval of Petition 2012-03-06-09 to amend Section 4.02(g)(2) of Article IV, R-1 through R-5 (Single Family Residential) District Regulations to read as follows: The temporary parking of one (1) unit of Recreational Equipment on the Recreational Equipment owner's or user's front or side driveway shall be permitted for a period not to exceed seventy-two (72) hours cumulatively in any five (5) day period for the purpose of repairing and maintaining the Recreational Equipment unit for suitable vacation use, for the following reasons: 1. That the proposed language amendments will increase the length of time that recreational equipment is allowed to be stored in the front or side driveways of residential properties; and 2. That the proposed language amendments are in the best interests of the City and its residents. 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. May 8, 2012 25159 ITEM #6 PETITION 2011-05-02-06 BIGGBY COFFEE PATIO Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2011- 05-02-06 submitted by R&B Coffeehouse of Livonia, L.L.C. requesting approval of a fully detailed patio plan, including information concerning overall dimensions, lighting, perimeter fencing, furniture, access points and landscaping as required by Council Resolution #205-11 for the limited service restaurant (Biggby Coffee) at 33443 Seven Mile Road within the Millennium Plaza shopping center, located on the south side of Seven Mile Road between Farmington Road and Irving Boulevard in the Northeast 114 of Section 9. Mr. Taormina: Millennium Plaza shopping center is on the south side of Seven Mile Road just west of Farmington Road at the southwest corner of Seven Mile and Filmore. On July 6, 2011, Biggby Coffee received waiver use approval to operate a limited service restaurant within the shopping center with the condition that the petitioner provide a fully detailed patio plan at the time he was ready to construct it. Biggby occupies the easternmost end cap unit of the shopping center. This space is about 2,500 square feel in area. They were permitted to have up to 30 customer seats, including 10 outdoor patio seats. The proposed outdoor dining patio would be constructed along the east side of the restaurant within the 25 foot vacant area between the building and the public sidewalk along Filmore Avenue. This area currently consists of landscaping. He would add some brick pavers in an area that would be about 300 square feel with overall dimensions of 15 feet by 20 feel. It would be outlined by a vinyl picket fence. He would provide some landscaping around the perimeter of the patio including some hydrangeas and burning bushes. He has provided us details with the type of furniture he would use within the patio area. He also provided information on the type of lighting he would use as well as security. We have one item of correspondence from our Inspection Department, dated April 18, 2012, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. This Department has no objections to this petition." The letter is signed by Alex Bishop, Director of Inspection. Thankyou. Mr. Morrow: Is that it? Mr. Taormina: I'll just show you quickly the detail. The patio is showing eight seals with dimensions of 15 feet by 20 feet with the proposed landscaping around the perimeter. This is a detail of the type of May 8, 2012 25160 table and chair he would provide. This shows photographs of the area, lighting and the security camera system. Thank you. Mr. Morrow: Did you say there was some type of fencing? Mr. Taormina: The fencing shown in this photo is not what he is proposing. He has indicated on his plans a while vinyl picket fence. This is more of a black aluminum decorative style fence. We do not have a detail on the fencing but he has described it as a white vinyl picket fence. Mr. Morrow: Okay. Are there any questions of Mr. Taormina? Seeing none, is the petitioner here? We appreciate your indulgence here. You've taken a lesson in development. Mr. Perry: I have learned much. picket fence did not come up. I was wondering if this was something that was added, but you're substituting the Mr. Morrow: We will need your name and address for the record please. Robert Perry, 10025 Dorian, Plymouth, Michigan 48170. I'm the owner of the Biggby Coffee. A point on the picket fence. When we had the Clipper Landscaping folks come out, they suggested that we use landscaping rather than the fence. I elected to put that forward as what we would do. I dont know if that causes issues or maybe I'm confusing Mark's team, but I thought that was what I was trying to communicate, that we would not have the picket white fence. It would be via landscaping. Mr. Morrow: That's why I was a little confused. When I met with you, the picket fence did not come up. I was wondering if this was something that was added, but you're substituting the landscaping. Mr. Perry: Yes. When I originally spoke with Scott, Mark's employee was coaching me on to get a landscaping design company in there to actually do it and that's what they recommended. I think it makes perfect sense from my point of view. Mr. Morrow: Mark, is there anything, because of the location, that requires that they have a picket fence? Mr. Taormina: No. Not at all. In fact, I think it's a great modification to define the outdoor seating area with landscaping and skip the fence. Mr. Morrow: Its well landscaped. I think we lose one tree and two shrubs are moved, and he's going to augment the shrubs in the rear to further block off entry from the rear. I wanted to clear that up. Anything else before I ask the Commission? May 8, 2012 25161 Mr. Perry: We've done real well the first seven months. We have a lot of fool traffic from the residential areas. I suspected that an area like this could be useful, but I'm hearing a lot from the customers, so that's kind of exciting. I know the residents right around the area are looking forward to this. They mention it to me often. I'm hoping that comes to pass because I know they'll enjoy it. Mr. Morrow: Are there any questions from the Commissioners? Ms. Smiley: Yes. When I stopped by, we talked about security. Do you think having the camera and moving the landscaping around will actually make it more secure? You've already had a few visitors. Mr. Perry: Yes. There's some folks, teenagers, that come around and smoke or whatever beside the plaza there. I think the presence of that bullet video camera and the recognition that it's basically stored on site for about six months ... so that will be completely something that might put an end to that.. Ms. Smiley: When I was there, I really appreciate your landscaping plan. I agree with Mark. Because there's a sidewalk there and then more before you get to the street, so the landscaping would be much nicer than a fenced area. It looks very nice. They have Wi-Fi there so you could have a coffee outside. It looks very nice. Mr. Taylor: You wont need a fence around there until you ask for a liquor license. Mr. Perry: I'm not going to do that. Mr. Bahr: I just want to comment. I've had the opportunity to gel to know Mr. Perry a little bit and I have tremendous respect for him and the way he runs his business. I think he's a tremendous asset to Livonia and I think this particular use, as somebody who as a kid growing up riding my bike through that area frequently, I often commented that it would be an ideal gathering spot for that neighborhood. I'm thrilled with the plan he's brought forward. I just wanted to voice that support. Mr. Morrow: I see no one in the audience. If there is nothing else, I'll ask for a motion. On a motion by Smiley, seconded by Bahr, and unanimously adopted, it was May 8, 2012 25162 #05-50-2012 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 8, 2012, on Petition 2011-05-02-06 submitted by R&B Coffeehouse of Livonia, L.L.C. requesting approval of a fully detailed patio plan, including information concerning overall dimensions, lighting, perimeter fencing, furniture, access points and landscaping as required by Council Resolution #205-11 for the limited service restaurant (Biggby Coffee) at 33443 Seven Mile Road within the Millennium Plaza shopping center, located on the south side of Seven Mile Road between Farmington Road and Irving Boulevard in the Northeast 1/4 of Section 9, which property is zoned G7, the Planning Commission does hereby approve the patio plan in connection with Petition 2011-05-02-06 subject to the following conditions: 1. That the Patio Packet submitted by Bob Perry, Owner/Operator, as received by the Planning Commission on April 10, 2012, is hereby approved and shall be adhered to; 2. That all disturbed lawn areas shall be sodded in lieu of hydroseeding, and that landscaped and sodded areas shall be permanenfly maintained in a healthy condition; 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 no advertising shall be permitted on any of the seating or table apparatus of the outdoor patio area; 6. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 7. That all other conditions imposed by Council Resolution #205-11, which granted approval to operate a limited service restaurant (Biggby Coffee) at 33443 Seven Mile Road within the Millennium Plaza shopping center, shall remain in effect to the extent that they are not in conflict with the foregoing conditions. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. May 8, 2012 25163 ITEM #7 APPROVAL OF MINUTES 1,023r° Public Hearings and Regular Meeting Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,023rtl Public Hearings and Regular Meeting held on April 24, 2012. On a motion by Smiley, seconded by Alanskas, and unanimously adopted, it was #05-51-2012 RESOLVED, that the Minutes of 1,023rtl Public Hearings and Regular Meeting held by the Planning Commission on April 24, 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. Ms. Smiley: Before we adjourn, I want to recognize our special guest this evening. Mr. Morrow: Yes, we had a special guest in the audience this evening. Commission Bahr brought his daughter, Macy, with him tonight. She is eight years old and is homeschooled. She has been very patient during our lengthy meeting tonight. On a motion duly made, seconded and unanimously adopted, the 1,024'" Public Hearings and Regular Meeting held on May 8, 2012, was adjourned at 9:29 p.m. CITY PLANNING COMMISSION Lynda L. Scheel, Secretary ATTEST: R. Lee Morrow, Chairman