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HomeMy WebLinkAboutPLANNING MINUTES 2006-05-1623231 MINUTES OF THE 925° PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 16, 2006, the City Planning Commission of the City of Livonia held its 925x" Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, Chairman, called the meeting to order at 7:30 p.m. Members present: Robert Alanskas H. G. Shane Carol A. Smiley John Walsh Members absent: William LaPine R. Lee Morrow Messrs. At Nowak, Planner IV; Scott Miller, Planner III; Ms. Debra Walter, Clerk - Typist II, and Ms. Marge Watson, Program Supervisor, were also present. Chairman Walsh informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. On behalf of the Commission, I'd like to extend to Mr. LaPine our well wishes as he recovers, and we wish you were here, Bill. ITEM#1 PETITION 2006-03-02-07 HONEYTREE Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2006-03- 02-07, submitted by Honey Tree Restaurant requesting waiver use approval to operate a full service restaurant in the Fountain Park Development, on property located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest % of Section 27. 23232 Mr. Nowak presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Miller: There are four items of correspondence. The first item is from the Engineering Division, dated April 3, 2006, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal at this time. The legal description as shown is for the overall 1.60 -acre site and contains some typographical errors. The legal description to be used for the waiver use follows." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated March 27, 2006, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a full service restaurant on property located on the north side of Plymouth mad between Farmington and Mayfield Avenue in the southwest X of Section 27. We have no objections to this proposal. However, petitioner is advised that the distance between egress points may be not adequate for the proposed occupant bad." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated May 1, 2006, which reads as follows: "We have reviewed the plans in connection with a proposal by Honey Tree Restaurant located in the Fountain Park development on Plymouth Road between Farmington and Mayfield. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated March 29, 2006, which reads as follows: 'Pursuant to your request of March 22, 2006, the above -referenced petition has been reviewed. The following is noted. (1) As a preliminary caution to the applicant, the egress for this space, as drawn, will not pass code/plan review. Egress is not permitted thm a kitchen and the front exits do not meet the remoteness of exits standard. (2) As a standalone restaurant, this site would require approximately 63 parking spaces, while as a part of a commercial center the allotment is only 20 spaces. If too many spaces are restaurant usage, parking could be impacted. (3) The space has 106 seats, not 100 seats as noted. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. 23233 Mr. Walsh: Is the pettoner here this evening? Kim Cabello, Esq., 45650 Grand River Avenue, Suite 207, Novi, Michigan 48374. Good evening. Kim Cabello on behalf of the Honey Tree Restaurant. I have here with me tonight Pete Goulas, who is the owner of the Honey Tree. Pete is owner of several other Honey Tree restaurants, so this is just an addition to existing restaurants that he has in the metropolitan Detroit area. We're here really tonight to answer questions. There's just two things I do want to bring to your attention. The issue in regard to the egress doors has been resolved. That was brought before the Building Code Board of Appeals and that variance was granted. The other issue that seemed to need to be addressed is the refuse for the used grease. What Mr. Goulas intends to do is to keep the used grease within the building, not outside of the building. He uses a vegetable oil. Actually its quite popular nowadays because it can be strained and used for diesel fuel in diesel vehicles. So he has no problem with having people pick it up and pick it up on a very consistent basis as at all of his other restaurants, and the same thing would happen here. He'll go through maybe 5lo 10 to 15 gallons a week. Il will be picked up weekly. He can easily keep that 5 to 10 gallons within the building without going outside. Mr. Alanskas: What was done to lake care of the ingress and egress? How was that resolved? Mr. Cabello: As the plans were submitted, the ingress and egress are as the plans were submitted, and the waiver for that was approved. There was no change to it. Theyjusl approved it. Mr. Alanskas: Does the Fire Marshal know that it has been approved that way? Mr. Cabello: I believe so. Mr. Alanskas: Scott or Al, do you know that? Mr. Miller: If they went to the Building Code Board of Appeals, the Fire Marshal would be aware of that. Mr. Alanskas: So you're going to have the grease pit imide the building? Mr. Cabello: It won't be a grease pit. It will be contained in grease containers, either buckets or some type of a mechanism designed ... 23234 Mr. Alanskas: How often will that be picked up? Mr. Capello: At least weekly. It's a vegetable oil. Its called grease but it's really a vegetable oil. Mr. Alanskas: One other question. What would be your hours of operation? Mr. Capello: 7:00 a.m. to 9:00 p.m. He doesn't have a liquor license so you're not going to have late customers. Mr. Alanskas: We do have a letter from one resident. It says that they're worried about early morning deliveries of food from the vendors. Do you know when they'll be delivering merchandise to the store? Could you have the owner come up to the microphone? Would you come up here, sir, please? Pete Goulas, 41602 W. Ten Mile Road, Novi, Michigan 48375. We get deliveries after 1100. Mr. Alanskas: Atter 11:00? All right. Thank you very much. Mr. Capello: Usually the only people that are there in the morning are the waitresses and cooks that are opening up the restaurant. Mr. Shane: You said after 11:00. Is that 1100 a.m.? Mr. Capello: 11:00 a.m. Mr. Shane: Okay. Mr. Capello: Nobodywill be there after 9:00 exceplforlhe deliveries. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this pettion? Raymond Grix, 11716 Farmington Road, Livonia, Michigan 48150. I'm a resident of the Fountain Park complex. I do understand from the gentleman ... I'm the author of the letter relative to the delivery hours, etc. One thing I would like to stress, and I don't have standing to, you know ... I do kind of object to the business from the standpoint that I feel there are sufficient restaurants in the area already, such as Big Boy. There's already two eating places within the complex. If not prevailing on, you know, if the waiver petition is approved, I would caution or request that the Planning Commission be conscious of the fact that there are 23235 preexisting residential units within 30 feel of the back of this building so that businesses that are put into this complex should be put in with the understanding that the residents were there first and there should be some, I don't want to say concession, but some understanding for the existence of the residential units that are already there before we, you know, determine what goes in there. Ideally, I'd like to see things like a card shop or an ice cream shop rather than a restaurant, but again, I don't have the standing to prevail on the Commission as to whether you approve or disapprove, but again, stressing the fad that the residential units need to have some consideration in the placement of businesses in the complex. Thank you. Mr. Walsh: Thank you for being here, sir. Is there anybody else in the audience wishing to speak for or against this petition item? Seeing no one, I'm going to close the public hearing at this time. Is there any additional discussion or is there a motion from the commissioners? Mr. Alanskas: Being that we're going to have the grease picked up internally and no deliveries until after 11:00 a.m., I would like to give an approving resolution. On a motion by Alanskas, seconded by Smiley, and unanimously adopted, it was #05-49-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 16, 2006, on Petition 2006-03-02-07 submitted by Honey Tree Restaurant requesting waiver use approval to operate a full service restaurant in the Fountain Park Development on property located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest''/. of Section 27, the Planning Commission does hereby recommend to the City Council that Pefifion 2006-03-02-07 be approved subjectto the folowing conditions: 1. That the maximum number of customer seats shall not exceed 106 seats; 2. That all issues relating to egress points from this space shall be resolved to the satisfaction of the Fire Marshal and the Inspection Department; 3. That the outdoor storage of refuse shall be limited to the screened compactor area (behind the easterly building) as shown on the approved site plan for this commercial 23236 development, and there shall be no additional outdoor refuse storage areas anywhere else on the site in connection with this use; 4. That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council; 5. That wall signage shall not be illuminated beyond one (1) hour after this business closes; and 6. That no LED lighlband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #2 PETITION 2006-04-02-08 RAKESH SABHARWAL Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 04-02-08, submitted by Rakesh Sabharwal requesting waiver use approval to operate a full service restaurant at 37120 Six Mile Road in the Key Bank Commons shopping center, located on the north side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Southwest %of Section 8. Mr. Nowak presented a map showing the property under petition plus the existing zoning ofthe surrounding area. 23237 Mr. Walsh: Is there any correspondence? Mr. Miller: There are four items of correspondence. The first item is from the Engineering Division, dated April 17, 2006, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. The legal description to be used for the waiver use follows." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated April 19, 2006, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a full service restaurant on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated May 1, 2006, which reads as follows: "We have reviewed the plans in connection with a proposal by Haandi Restaurant located in Sterling Center at 37100 Six Mile Road. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated April 25, 2006, which reads as follows: "Pursuant to your request of April 18, 2006, the above - referenced petition has been reviewed. The following is noted. No signage has been reviewed. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Good evening Anil Sakhuja, 16619 Ronnie, Livonia, Michigan 48154. I'm a CPA. I have two partners in this business, Rakesh Sabharwal and Rajin Chopra. We just bought the Chinese restaurant and now we are taking the next site to create the dining area and add a small banquet hall. I believe there is no Indian restaurant in this whole vicinity in Livonia or Northville or Novi or Westland. We have done a survey on our own and we believe that it will be a nice addition to this place. Mr. Walsh: Are there any questions from the Commissioners? Ms. Smiley: Were you aware of the problem with the egress? There's supposed to be two different ones? There's a problem with it 232W being a full service restaurant and there's only one driveway in. Has someone spoken to you about that? Mr. Sakhuja: Yes. What we have seen is buildable in our experience. I live in Livonia and I used to pick up my coffee everyday from the Brueggers Bagel shop. So they are closed now and the Japanese restaurant has traffic only in the evening. I dont see a problem. The Boston Market is right on the corner you know. So I don't see any other businesses which are north of our proposed business. So I don't see a problem. Ms. Smiley: I just want to make sure you know that even if we were to approve it, the City Council has a requirement to waive that loo. Okay. And what would your hours of operation be? Mr. Sakhuja: We plan to be open from 11:00 a.m. to 3:00 p.m., then close for the break, and then 5:00 p.m. to 10:00 p.m. Mr. Alanskas: In regards to your catering, which would be 32 seats, I understand. Mr. Sakhuja: Yes. Mr. Alanskas: What percent ofyour business would be the catering? Mr. Sakhuja: The outside catering would probably be around 40% to 50%. Mr. Alanskas: Would that maybe be like birthday parties and small groups? Mr. Sakhuja: Yes, in-house we will have small groups. We can probably accommodate 70 to 80 people on one side, and 30 on the other side, depending on how much area is required for small parties. That's why we're trying to have a small banquet area, for the birthdays or baby showers. Mr. Alanskas: Is this your first venture with a restaurant or do you have any other restaurants? Mr. Sakhuja: I own a Quiznos in Northville downtown. Rakesh had a restaurant the Iasi 25 years and Rajin has a five star restaurant for over 5 years. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this pefition? Seeing no one coming forward, I'm going to close the public hearing. Is there additional discussion or a motion atthis fime? 23239 On a motion by Smiley, seconded by Alanskas, and adopted, it was #0530-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 16, 2006, on Petition 2006-04-02-08, submitted by Rakesh Sabharwal requesting waiver use approval to operate a full service restaurant at 37120 Six Mile Road in the Key Bank Commons shopping center, located on the north side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Southwest ''/ of Section 8, the Planning Commission does hereby recommend to the City Council that Petition 2006-04-02- 08 be approved subject to the following conditions: 1. That the maximum number of customer seats shall not exceed 102 seals; 2. That this approval shall permit the expansion of this restaurant facility as described and shown on the Floor Plan marked Sheet At prepared by The Foresta Group, P.C., Architects, dated April 12, 2006; 3. That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council; 4. That no LED lighlband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows; 5. That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 6. That this approval is subject to the waiving by the City Council, by means of a separate resolution in which two- thirds of the City Council concur, of the requirement that ingress and egress for a full service restaurant shall be available from a public street by means of at least two (2) separate driveways; and 7. That the petitioner shall submit a Letter of Understanding (approved as to form by the Department of Law) signed by the property owner and petitioner indicating that this waiver use will be voluntarily abandoned if the restaurant closes. 23240 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. Mr. Walsh: Is there any discussion? Mr. Alanskas: How long is your lease there? Mr. Sakhuja: We have two years, plus five, plus five. Mr. Alanskas: Thank you. Good luck to you. Mr. Shane: Back in 2002, the Planning Commission and Council granted the China Kitchen 30 customers seats when they wanted 40. I think the purpose for that was to keep the size of the restaurant down because of the traffic in a small shopping center. I don't think anything has changed to change my opinion on that, so I'll be voting no on this particular resolution. Mr. Walsh: Are there any other comments? Seeing none, would the secretary please call the roll? A roll call vole on the foregoing resolution resulted in the following: AYES: Smiley, Alanskas, Walsh NAYES: Shane ABSTAIN: None ABSENT: LaPine, Morrow Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. 23241 ITEM #3 PETITION 2006-04-02-09 BURGER KING Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 04-02-09, submitted by Schoslak Brothers & Company, Inc., on behalf of King Venture Development, LLC, requesting waiver use approval to demolish and reconstruct a full service restaurant (Burger King) with drive -up window facilities at 29211 W. Seven Mile Road, located on the south side of Seven Mile Road between Middlebell Road and Maplewood Avenue in the Northwest'''/ of Section 12. Mr. Nowak presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Miller: There are four items of correspondence. The first item is from the Engineenng Division, dated April 10, 2006, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal at this time. The legal description indicates that part of the right -0f -way for Seven Mile Road has not been dedicated to Wayne County. Our records indicate that it has. If the right -0f -way needs to be dedicated, it should be done at this time. The detention facilities shown and the storm outlet will require Wayne County approval." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated April 6, 2006, which reads as follows: 'This office has reviewed the site plan submitted in connection with a request to demolish and reconstruct a fast food restaurant on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated April 18, 2006, which reads as follows: 'We have reviewed the plans in connection with a proposal for Burger King located at 29211 Seven Mile. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated May 3, 2006, which reads as follows: "Pursuant to your request of April 17, 2006, the above -referenced petition has been reviewed. This site proposes a light band around the exterior building, which would be prohibited signage. This Department has no further objections to this petition." The letter is signed by 23242 Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? Ms. Smiley: How much of that signage is just the band? I know they have excessive signage. Is it because ofthe band on the lop? Mr. Nowak: The band is 128 lineal feet by 15 inches. That's considered a sign. There is 161 square feet of illuminated band out of the 244 square feel of total wall sign area. Ms. Smiley There's no writing. Its just a lit band? Mr. Nowak: Its just a lighted band, but it would be considered signage. Mr. Shane: But its nota neon sign? Mr. Nowak: No. Mr. Shane: It's internally lit. Mr. Nowak: That's correct. Mr. Walsh: Is the petitioner here this evening? Good evening. Mark Schostak, Schostak Brothers & Company, 25800 Northwestern, Suite 750, Southfield, Michigan 48075. 1 represent Schostak Brothers and King Venture Development Company. We're here today to seek a waiver use for a special use peril for the project approval of scrapping and rebuilding the Burger King restaurant on Seven Mile Road. By way of background, we operate two Burger King restaurants here in Livonia, one in the Five Mile and Middlebell area and other one, of course, at Seven Mile and Middlebell. I just wanted to give everybody a little background on what's going on with the Burger King system and how we've chosen to select the Seven Mile location to reinvest in. These are very difficult times in Michigan due to the economy for the fast food restaurants. Recent legislation changes with the minimum wage in Lansing has also made our business very difficult for us, along with the difficult manufacturing job loss here in the state. We are in the process of evaluating all our Burger King portfolio to see which restaurants we're going to be keeping open and which restaurants we're going to reinvest in. Al one time, we had 70 Burger King restaurants in the Stale of Michigan. Unfortunately, today we only have 64 restaurants. In 23243 fad, we closed a restaurant is Essexville, Michigan, just last week. Having said all that, we have selected the Seven Mile and Middlebelt location as a restaurant to reinvest in. We believe in that part of Livonia and it's growth and it's vitality back here. We are approximately investing $1 million into that facility to bring it up to current image. We would very much like to receive your approval tonight, and we appreciate your consideration. I have here with me Dave Johns, who is with my office, who I'm going to call up now, who will walk through the plans with you in a little bit more detail and answer any questions hal any of the members have today. David, if you could come up. David Johns: Good evening. I'm the Development Manager for the company. As far as this Burger King site, the report by Allen Nowak was very detailed and basically covered it for us. I would be happy to talk about each of the plans if you'd like me to or address any specific concerns. One point I would like to make is that the Seven Mile Road construction project started as of yesterday and is going on through November 15. That's based upon my conversation with the County yesterday, and that project goes from Farmington all the way up to the Middlebell intersection. So that's going to have an impact on the business. That being said, we'd like to seek the approvals for this project to proceed with construction immediately so that our down time for construction is similar to the down traffic for the overall road construction project. I have with me the site plan. The majority of them you've seen. I'd be happy to answer any questions. There is also an issue of the building exterior materials. We talked about gray split -face block in alternating bands. That material is 8 x 16 inch blocks. I have samples with me this evening, and then we had a proposal for brick as well. We would like to gel the Commission's interest for which materials would be most acceptable. Is it possible to put the elevation up on the wall? I think I will use the elevation I have with me. That's pretty representative of the gray block that's used on the building. I have small samples right here, which you can see there's a darker color block and a lighter color block that would alternate every two feet vertically up the walls of the building. Mr. Walsh: Mr. Johns, we're going to ask you to step across the room where Mr. Miller is going to set up a tripod to make it a little easier for you. Mr. Johns: The material as indicated in the elevation that was up there is the split -face block, which is our preference to build the building. 23244 It's complementary to the overall roof colors and the red tile accent that is on the building. The other option that was discussed is a tan and beige brick option. These are the actual bricks that were proposed. I present this obviously as there's a lot of discussions about this. Whatever the interest is of the Planning Commission, that it be made to us so that we understand what the intent is. Mr. Walsh: Let's see if there are any questions, and we will address the color as well. Mr. Alanskas: I just want to go over this again in regards to the outdoor seating of the 18 seats. I want to make sure that the area is really policed as far as having refuse blowing around. How often do your people go out there and clean up this area? Mr. Johns: Well, the outside patio has it's own ouldoorlrash receptacles. Mr. Alanskas: I know, but I mean when people eat, a lot of limes they don't put trash in those containers. So what we're hoping we'd have is the human force going out there and cleaning up that area. Mr. Johns: Yeah, sure. That's a good question, Robert. The way d works is that we have what's referred to as travel paths that are done by our managers five times during the day. At 7:00, 10:00, 2:00, 5:00 and after dinner before it gels dark, and they're required to go through the whole lot, including that area, to clean it up. Mr. Alanskas: Is your biggest percentage of outdoor sealing at lunch lime? Mr. Johns: Yes. Lunchtime. It's limited to the spring and the summer and during lunchtime. Mr. Alanskas: So that area at 12:00 should be policed pretty well as far as laking care of the trash. Mr. Johns: Absolutely. Mr. Alanskas: All right. Thank you. Mr. Shane: I happen to like the gray color because I think it goes better with the roof. But if the Planning Commission insisted on brick, could you duplicate the gray color in brick? 23245 Mr. Johns: We're actually not able to find gray brick that is complementary and available sourcing, that's why we would propose if brick is a requirement to use a tan and beige. Mr. Shane: Well, in my opinion, the block would be fine because I like the color, and I think design -wise its equally as good, at lead in my opinion. Mr. Alanskas: Just to go along with what Mr. Shane is saying, I think the block that you have there with that rough edge, it just makes the building stand out more than the flat brick. I like the gray myself also. Ms. Smiley: What are your hours of operation? Mr. Johns: Hours of operation are 6:00 a.m. to 10:00 p.m. Monday through Thursday, 6:00 a.m. to 11:00 p.m. on Friday and Saturday, and 7:00 a.m. to 10:00 on Sunday. Ms. Smiley: Is the majority of the business drive-thm? Mr. Johns: Yes, the majority of the business is drive-thru. Ms. Smiley: And if you want my vote, I approve of the gray. I really like it a lot better. Mr. Johns: Thank you. Mr. Walsh: Are there any additional comments or questions? Just so you know, we'll eventually get to a vole, but I'm with gray as I've indicated earlier, and I think the split -face block will be fine. But I really do appreciate the alternatives you've given us, and the fact that you did some research on the material. Livonia has a penchant for bricks but what you've offered is a very stable and sturdy product. So I think it will not only be complementary to your color scheme, but it will maintain your building quite well. So we appreciate that. If there are no additional questions, and I'm not sure what our electronic interference is, if there are no further questions, I'm going to lel Mr. Johns have a seat and see ifthere's any one in the audience wishing to speak for or against this petition. We have a very light crowd here this evening. I will then close the public hearing. Is there a motion or further discussion? 23246 On a motion by Shane, seconded by Smiley, and unanimously adopted, it was #0531-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 16, 2006, on Petition 2006-04-02-09, submitted by Schostak Brothers & Company, Inc., on behalf of King Venture Development, LLC, requesting waiver use approval to demolish and reconstruct a full service restaurant (Burger King) with drive -up window facilities at 29211 W. Seven Mile Road, located on the south side of Seven Mile Road between Middlebell Road and Maplewood Avenue in the Northwest '/. of Section 12, the Planning Commission does hereby recommend to the City Council that Petition 2006-04-02-09 be approved subject to the following conditions: 1. That the Site Plan marked Sheet SP1 prepared by Nowak & Fraus, dated April 4, 2006, is hereby approved and shall be adhered to; 2. That the Landscape Plan marked Sheet Ll prepared by Nowak & Fraus, dated April 4, 2006, is hereby approved and shall be adhered to; 3. That all landscaped and sodded areas shall be irrigated with an automatic underground system, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 4. That the Exterior Elevations Plan marked Sheet X -5533-A2 prepared by Wghtman & Associates, Inc., dated March 3, 2006, is hereby approved and shall be adhered to; 5. That 8" x 16" split -face block shall be used in the construction of the building and precast masonry unit systems shall meet ASTM 216 standards; 6. That the trash enclosure shall be of masonry construction matching the building and shall have steel gates which, when not in use, shall be closed at all times; 7. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 23247 8. That the maximum number of customer seats shall not exceed 70, including 52 interior seats and 18 exterior patio seats; 9. That a trash receptacle shall be provided for the outdoor dining area; 10. Thalall parking spaces shall be double striped; 11. That all pole mounted light fixtures shall be shielded and shall not exceed a maximum height of 20 feet above grade; 12. That the traffic lane serving the drive -up window facility shall be at least 12 feet in width; 13. That wall signage shall be limited to the signs portrayed on the Exterior Elevations Plan, including the internally illuminated parapet light band with a total lineal length of 128 feet, subject to the granting of variances by the Zoning Board of Appeals for excessive sign area and excessive number of signs and any conditions pertaining thereto; any additional new signage shall be separately submitted for review and approval by the Planning Commission and City Council; 14. That no exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; and 15. 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; 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area; and 23M 4. That the proposal will allow the petitioner to update this facility. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. The petitioner has requested our consideration that we waive the seven day period. I think they made quite a compelling argument to do so with regard to the construction on Seven Mile. I'll need a motion for that consideration. On a motion by Alanskas, seconded by Shane, and unanimously approved, it was #0532-2006 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 requesting the seven-day period concerning effectiveness of Planning Commission resolutions in connection with Petition 2006-04-02- 09, submitted by Schoslak Brothers & Company, Inc., on behalf of King Venture Development, LLC, requesting waiver use approval to demolish and reconstruct a full service restaurant (Burger King) with drive -up window facilities at 29211 W. Seven Mile Road, located on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue in the Northwest % of Section 12. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#4 APPROVAL OF MINUTES 923rd Public Hearings and Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 923`° Public Hearings and Regular Meeting held on April 4, 2006. On a motion by Shane, seconded by Smiley, and unanimously adopted, it was #0533-2006 RESOLVED, that the Minutes of 923rd Public Hearings and Regular Meeting held by the Planning Commission on April 4, 2006, are hereby approved. 23249 A roll call vole on the foregoing resolution resulted in the following: AYES: Shane, Smiley, Alanskas, Walsh NAYS: None ABSENT: LaPine, Morrow Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Walsh: Is there is no objection from my colleagues, I would like to recognize a guest that we have in the audience today from MSU, Mr. Garry Bulluck. Mr. Bulluck, if you could step forward. He has asked forjust a couple minutes of our time regarding course work at MSU. Garry Bulluck, Michigan Stale University, 640 Temple, 6" floor, Detroit, Michigan 48201. Thank you very much, Mr. Chair and Commissioners. I'm from the Wayne County office of Michigan Slate University Extension. We try to mail out to most of our Planning Commission members in the county this brochure regarding our Citizen Planner class. Its a class that Michigan State offers that's geared toward providing additional training to land use decision makers, planning commission members or people who are active in their community in a community of grass roots level planning. I just want to bring this information to your attention. The course will be offered beginning June 1, and it's a seven session course offered every Thursday in June from 6:30 to 9:00 p.m. and there's one Saturday session. We're just encouraging our planning commission members and those that they work with to take a look at this course. It is a course that we have developed in association with the Michigan Association of Planning and also the Michigan Township Participating Plan organization. Its also available for continuing education credits. We're just advocating strong planning, strong sound land use decisions. From your work today, you guys do very good work with the support of your city planning staff. But in a lot of stales, in a lot of areas, some of our smaller municipalities, they don't have the expertise. So we're making this class available. It may not be right for you or there may be a single session that you're interested in. The wonderful thing is you can do it a la carte so there may be one or two sessions that you'd like to get some updated information on. You can also do that. The class is offered on lire at a slightly reduced price. If you have any questions, I'd be glad to take them. 23250 Mr. Walsh: Mr. Bulluck, if you could leave us some brochures, I think we'd appreciate that. Mr. Bulluck: I will. Thank you very much for your indulgence. Mr. Walsh: Thank you for coming tonight. On a motion duly made, seconded and unanimously adopted, the 926" Public Hearings and Regular Meeting held on May 16, 2006, was adjourned at 824 p.m. CIN PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: John Walsh, Chairman