Loading...
HomeMy WebLinkAboutPLANNING MINUTES 2010-12-14MINUTES OF THE 1,003 RD PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, December 14, 2010, the City Planning Commission of the City of Livonia held its 1,00V Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Dnve, Livonia, Michigan. Mr. Lee Morrow, Chairman, called the meeting to order at 7:00 p.m. Members present: Ashley Krueger Deborah McDermott R. Lee Morrow Lynda Scheel Carol A. Smiley Gerald Taylor Ian Wilshaw Members absent: None Mr. Mark Taormina, Economic Development and Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Chairman Morrow informed the audience that if a petition on lonighfs 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 len days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may or may not use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2010-10-02-17 MEIJER Ms. Scheel, Secretary, announced the first item on the agenda, Petition 2010-10- 02-17 submitted by Meijer Corporation requesting waiver use approval to add a drive-thm pharmacy window to the existing store at 13000 Middlebell Road within the Millennium Park shopping center, located on the east side of Middlebell Road between the railroad nghtof-way and Schoolcraff Road in the Northwest 114 of Section 25. December 14, 2010 25521 Mr. Taormina provided background on the item and presented a map showing the properly under petition plus the existing zoning of the surrounding area. Mr. Morrow: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first dem is from the Engineering Division, dated November 2, 2010, which reads as follows: 9n accordance with your request, the Engineering Division has reviewed the above-referenced petition. The legal description provided does not close property. There is a significant error of closure, but 1 dont believe it has any direct impact on the proposed pharmacy drive-thru window. The address according to our records is 13000 Middlebelt 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 October 13, 2010, which reads as follows: `This office has reviewed the site plan submitted in connection with a request for a waiver use approval to add a drive-thru pharmacy window in connection with an existing store on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Earl W. Fester, Senior Fire Inspector. The third letter is from the Division of Police, dated October 18, 2010, which reads as follows: 'We have reviewed the plans in connection with Meer Drive-thm Pharmacy Window, located at 13000 Middlebelt. We have no objections or recommendations to the plans as submitted." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated October 21, 2010, which reads as follows: "Pursuant to your request, the above-referenced petition has been reviewed. The following is noted. (1) The drive-up window lane as proposed is shown to be 10'-1" wide where a minimum width of 12 feet is required. This would require a super majority approval vote of Council to maintain the deficiency in width. (2) A minimum of four car spaces, physically separated from off street parking areas and drives, must be provided in addition to the space at the drive-up service area; this serves as a waiting lane. (3) The proposed signage exceeds the current permitted square footage. A variance from the Zoning Board of Appeals would be required to install the excess signage. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. I'll just note with respect to each one of these items, they have been properly addressed as I indicated in my initial report. That is the extent of the correspondence. December 14, 2010 25522 Mr. Morrow: Does the Commission have any questions for Mr. Taormina? Seeing none, will the petitioner please come forward? We will need your name and address for the record please. Roger DeHoek, Real Estate Manager, Meijer Corporation, 2929 Walker Avenue, N.W., Grand Rapids, MI 49544. I'm here tonight to answer any questions you may have with the proposed pharmacy pickup window. We do have these in about half of our stores now. It's a great convenience, and as a person who used one Iasi week when my daughter was sick, I certainly didn't want to park in the parking lot and have to walk into the store to get a prescription. I was able to drive up to the building, work directly with the pharmacist, and it's just a great, great convenience. If you have any questions, I'd be happy to answer them. Ms. Krueger: I was just curious to know what type of materials are going to be used for the decorative fencing? Mr. DeHoek: That I don't know, but I could certainly find out. I can tell you that the company is going totally green, so whatever materials we're using would comply with that. Does that any your question? Ms. Krueger: No. Mr. DeHoek: Okay. The fencing does separate the existing sidewalk and the drive lhru lane, and it's for pedestrian safety. Its four feet tall and people will still be able to walk down that sidewalk that is adjacent to the building. Ms. Kruger: Okay. My concern is obviously because it is for the protection of the pedestrians that it be made out of some type of material that will actually protect them. Mr. DeHoek: I don't know the exact material but we do also have some bollards out there already for pedestrian safety and those will remain on site. Mr. Kruger: Okay. Thank you. Mr. Morrow: I would suggest that if this goes forward to the Council, it might not be bad to have that detail in case they should ask. Mr. DeHoek: Okay. December 14, 2010 25523 Ms. Smiley: Do you have any problem with these things? I understand it's like a kiosk that you would send your prescnption in and then they would shoot it back out, kind of like a bank. Mr. DeHoek: So far, so good. We have not had any problems. Ms. Smiley: And you could gel a pretty good size prescription through that? Mr. DeHoek: Yes. Ms. Smiley: Okay. Thank you. Mr. Wilshaw: I have a concern loo about the fence as its being described as being decorative. I would be more concerned that it be a slmctural fence of some sort that actually will hold back a car that would hop the curb. So definitely, at lead by the time it makes Council, I would hope that you'd have some more details on that to go along with what Ms. Krueger said. I do have another question about the pedestrian safely. I think that you've done a good job of widening this turnout, the drive thru, so that a car can gel through it properly, but my concern is the pedestrians that will be walking from the parking lot to the garden center, which is still going to be, I assume, in the summertime a place that people are going to want to go to and enter directly into the garden center. You have some marked crosswalks but is that adequate to ensure the safety of people that are going to be crossing in front of this or behind this pharmacy drive lhru? Mr. DeHoek: Again, we have put these pickup windows on about half the stores and we have not had any incidences with a pedestrian, so we feel that it is being adequately addressed. There is parking on the west side of the building also for the people that want to use the garden center. Mr. Wilshaw: Okay. I see the word "stop" is going to be painted on the roadway. But at the crosswalks, are there actually stop signs as well? Mr. DeHoek: We typically add the stop signs also. Mr. Wilshaw: Okay. So that should help with that. My other question had to do with signage. When I'm looking at the signage chart that's on the plan, there is reference to four future tenants signs at 10 square feet. I'm wondering what those are for. Obviously, a future tenant, but what is your intent there? And if we remove December 14, 2010 25524 those, that would avoid you having logo to the Zoning Board for excess signage. Is that something that you'd be interested in? Mr. DeHoek: In a discussion with Mark earlier, we are removing the garden center sign and the existing pharmacy sign. We are replacing those two with one sign that says "pharmacy pickup window" The future tenant signs, yes, if we elect to put those on the building, we would have to go to the Zoning Board of Appeals. If we elect to do that, those will be for the tenants that are inside the building, say the banks and the wireless people, any of the tenants in the concourse area of the building. Mr. Wilshaw: I see. So you're not intending on putting those signs up right at this moment. You're just reserving the ability to do that in the future. Mr. DeHoek: That's correct. Mr. Wilshaw: You're warning us that you may do that in the future. Okay. So at this point then, Mark, would this be a conforming sign package and they wouldn't have to go to the Zoning Board of Appeals? Mr. Taormina: As I calculate the area, with the removal for the two signs and even with the addition of the slightly larger pharmacy driveup sign on the fascia of the canopy, they're still below the total allowable square footage. Mr. Wilshaw: Excellent. That's good. I'm perfectly fine with the way that you're handling the other signs. It sounds great that you remove the other two to replace it with this one. I appreciate it. Thank you. Mr. Taylor: I had a chance to go to your Canton store and take a look. I don't know whether it's going to be exactly like this or not, but I know I was going west and I had a very difficult time trying to make the turn to gel in. In fact, I had to make the turn, back up and go back in. I know if you're going east, you can get in alright. I don't know if the same configuration is here or not. Mr. DeHoek: I'm not sure about the Canton store. We've done a couple different variations at different stores. If the pharmacy is facing the store on the left hand side, we have the windows going toward the doors, if you will, with the pharmacy window, more like a bank where you can talk to the person and have the transaction through the little drawer. If our pharmacy happens to be on the right hand side of the building, some of them we December 14, 2010 25525 had them where the cars were going away from the building and that was pretty confusing. So we elected to go with this kind of configuration with the lube system because it's safer. The cars can see any people coming out of the building better. It's just a better flow of traffic if you will. Mr. Taylor: When you're talking about the lube system, I pulled into the drive thru at the Canton store and I didn't see any tubes. It looked like a column of electrical wires coming down with a couple of buttons. If there a tube that actually comes out of it? Mr. DeHoek: Yes. Mr. Taylor: Because ilwasntlhere, that's why I was wondering. Mr. DeHoek: I'll have to look into that. Mr. Taylor: And the window doesn't open. Mr. DeHoek: Okay. Mr. Taylor, does the traffic flow the same way, heading from the ... Mr. Taylor: It goes east. Yes, the same way. Mr. DeHoek: Okay. I'd have to look at that. Mr. Taylor: But there was no tube showing there. When I go to my pharmacy, I have the little drawer and they give you your prescription and they also give you something to sign. How do you work that through a lube? Mr. DeHoek: You know I'd have to look into that. The ones that I use personally, I use the drawer system so I can sign right on the lab. Mr. Taylor: Yes, that's the way I do it too. That's what I'm saying. That's why I dont know how this system is going to work. Mr. DeHoek: I don't have an answer for that right now, but I know several stores do have the tube system. Mr. Taylor: But there are no tubes there. That's what I'm getting at. That's what I didn't understand. Mr. DeHoek: Okay. Mr. DeHoek: I don't have the exact percentage of the drive up business as it relates to the exact pharmacy business. Mr. Taylor: I guess I have the same problem as others. When I was over there, it was still a little warm out and people were walking to get around. I'm not sure that's a safe area to have people walk down along side of the cars. When you say the walk is there, is the walk on the other side or is it on the north side of the building or the south side? Mr. Taormina: Its right here. Mr. DeHoek: This is the walkway and this is the drive aisle. This is where the fence will go. So the sidewalk will be separated by a fence. Mr. Taylor: So they're going to walk along the building on the sidewalk? Mr. DeHoek: Yes. That remains the way it is. Mr. Taylor: And that is a concern of mine as far as the safety goes, but of course I guess that's up to Meijers whether they feel it's safe enough. I guess that's all I have right now. December 14, 2010 25526 Mr. Taylor: I don't know whether the lube came down that column or not, but you might want to find that out for the Council. Mr. DeHoek: Yes. I sure will. Mr. Taylor: What is the percentage of use of the pharmacy that you figure the stores have? Mr. DeHoek: Of the total pharmacy business? Mr. Taylor: Well, yes, your stores. What is the percentage? Mr. DeHoek: The pharmacy business ofthe total Meijer business? Mr. Taylor: The pharmacy business. The drive lhm. Do you have that figure? I mean how important is this to your store? Mr. DeHoek: Its important in that it's a convenience item to the pharmacy business. Mr. Taylor: Well, you should have a percentage on it, on how many people use it. Mr. DeHoek: I don't have the exact percentage of the drive up business as it relates to the exact pharmacy business. Mr. Taylor: I guess I have the same problem as others. When I was over there, it was still a little warm out and people were walking to get around. I'm not sure that's a safe area to have people walk down along side of the cars. When you say the walk is there, is the walk on the other side or is it on the north side of the building or the south side? Mr. Taormina: Its right here. Mr. DeHoek: This is the walkway and this is the drive aisle. This is where the fence will go. So the sidewalk will be separated by a fence. Mr. Taylor: So they're going to walk along the building on the sidewalk? Mr. DeHoek: Yes. That remains the way it is. Mr. Taylor: And that is a concern of mine as far as the safety goes, but of course I guess that's up to Meijers whether they feel it's safe enough. I guess that's all I have right now. December 14, 2010 25527 Mr. Morrow: Thank you, Mr. Taylor. Does anyone else have a question? I assume that line is the lube or whatever it is. Is that going under the sidewalk or over it? Mr. DeHoek: That goes up and around. Mr. Morrow: Okay. Iflhere are no more question, I'll go to the audience and see if there is anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I'm going to close the public hearing and ask for a motion. On a motion by Krueger, seconded by Scheel, and unanimously adopted, it was #12-72-2010 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on December 14, 2010, on Petition 2010-10-02-17 submitted by Meijer Corporation requesting waiver use approval to add a drive-lhru pharmacy window to the existing store at 13000 Middlebell Road within the Millennium Park shopping center, located on the east side of Middlebell Road between the railroad nghl-0f-way and SchoolcraR Road in the Northwest 1/4 of Section 25, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2010-10-02-17 be approved subject to the following conditions: 1. That the Site Plan marked SK -1 dated December 10, 2010, as revised, prepared by Meijer, is hereby approved and shall be adhered to; 2. That the Partial North Exterior Elevation Plan marked Sheet A201 Sketch 2 dated October 14, 2010, prepared by Paradigm Design Inc., is hereby approved and shall be adhered to; 3. That the Partial West Exterior Elevation Plan marked Sheet A201 Sketch 3 dated October 14, 2010, prepared by Paradigm Design Inc., is hereby approved and shall be adhered to; 4. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 5. That no LED Iighthand or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; December 14, 2010 25528 6. That prior to installation, a determination be made by the Inspection Department as to the adequacy of the fence and bollards for separating and protecting pedestrians from vehicles using the dnve-up; and, 7. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department al the time the building permits are applied for. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the subject site has the capacity to accommodate the proposed use; 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. Taylor: One other question if I might. Are they all 24-hour stores? Is Meij&s open 24 hours, all the stores? Mr. DeHoek: Yes. Mr. Morrow: Now that bangs a question up. I didn't think we had 24 hours at that location. Mr. DeHoek: The pharmacies are not open 24 hours. Mr. Taylor: Well, that's what I asked. Is the pharmacy open 24 hours? Mr. DeHoek: The pharmacy is not open 24 hours. I believe they close at 11:00 p.m. atnight. Mr. Taylor: Okay. Mr. DeHoek: There is no drive thru traffic late at night. Mr. Morrow: It closes at midnight I think and opens again at 6:00 a.m., somewhere in that ballpark anyway. December 14, 2010 25529 Mr. Wilshaw: If the maker of the motion wouldn't be opposed to adding some sort of a condition that the fencing on the sidewalk should be structurally sound to slop a vehicle from getting onto the sidewalk, that might alleviate some of our concerns about the sidewalk and concrete it for the City Council to know that we're interested in that type of thing. Mr. Morrow: That's a good suggestion, Mr. Wilshaw. Does the maker of the motion have any problem with that? Ms. Krueger: I'm not sure about that exactwording. Mr. Morrow: We'll ask the staff to freshen it up. Ms. Krueger: Okay. Well as far as structurally sound so as to slop vehicular traffic from injuring a pedestrian or whatever it was exactly that was said. Mr. Morrow: Something that meets the code. Ms. Kruger: Yes. Something that would meet the code. Mr. Wilshaw: That's fine. Ms. Kruger: Okay. That's fine with me. Mr. Morrow: And the supporter? Ms. Scheel: Yes. Mr. Taylor: I'm trying to gel in my mind what a fence is going to do because the sidewalk is next to the building and chances are that there's going to be a car there wailing for a lineup of cars. So if anybody came in there, they'd hit the cars I guess. The fence should be along the sidewalk I would think. Mr. Morrow: That's where it is. Ms. Krueger: It is. Mr. Taylor: I thought they said it was on this side. Mr. Morrow: Il would be between the kiosk and the window if I'm reading the plans correctly. See that black line along there? That's the fencing. Mr. Taylor: Okay. Where is the car going to be? December 14, 2010 25530 Mr. Morrow: Where the kiosk is there. Mr. Taylor: Okay. All right. I had it wrong. Mr. Morrow: No problem. Anything else? They we'll have a vole. 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 and I look forward to seeing the installation. ITEM #2 PETMON 2010-10-02-18 NEW LIFE ACUPRESSURE Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2010- 10-02-18 submitted by Ya Jia Xu requesting waiver use approval to operate a massage establishment (New Life Acupressure and Massage) at 15373 Newburgh Road within the Five Newburgh Plaza shopping center, located on the west side of Newburgh Road between Five Mile Road and Lancaster Avenue in the Southeast 1/4 of Section 18. Mr. Taormina provided background on the item and presented a map showing the properly under petition plus the existing zoning of the surrounding area. Mr. Taormina: Mr. Chairman, we do have some items of correspondence to read out if you'd like me to do that now. Mr. Morrow: Yes, one question. I think at the study session they had given us a plan that would show the massage area. Mr. Taormina: Yes. Mr. Morrow: There was a question as to did they provided us with anything as to how it was going to be sectioned off or curtained off? Mr. Taormina: Well, all we have right here is the floor plan. I guess when the time is right you can ask the question of the petitioner. We do not have any additional information with respect to the area you're talking about here, which is identified as a massage area with four tables on each side and whether or not those would be sectioned off. Mr. Morrow: We'll gel into that when we gel into the questioning. We can hear the correspondence now. December 14, 2010 25531 Mr. Taormina: Thank you. There are three items of correspondence. The first item is from the Engineering Division, dated November 5, 2010, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced petition. The legal description provided does not describe the exact premises. The following legal description describes the property and the exact premises. The address according to our records is 15373 Newburgh Road." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Division of Police, dated November 18, 2010, which reads as follows: "We have reviewed the plans in connection with New Life Acupressure 8 Massage, located at 15373 Newburgh. We have no objections or recommendations to the plans as submitted." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The third letter is from the Inspection Department, dated November 30, 2010, 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 Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions for the staff? Mr. Taylor: Mark, I did end up checking over there. Actually, 43, 42 and 41 parking spaces are not there. That's a drive thru to gel to Five Mile. Mr. Taormina: Yes. That question came up at the study session whether or not this site had any kind of vehicular connection with the site directly to the south. What Mr. Taylor is indicating is that the area bounded in yellow is the site that we're talking about and the parking spaces identified on the plan as 41, 42 and 43 are located nghl here. In reality, they are not there, and there is a connection between the two sites. Mr. Taylor: Probably that would make a difference in the parking? Mr. Taormina: No, not in this case. Mr. Taylor: Thankyou. Mr. Morrow: Are there any other questions of Mr. Taormina? Seeing none, we'll go to the petitioner. We'll need your name and address for the record please. William Young: I am speaking on behalf of Ya Jia Xu, who is my mother. I will also be serving as the manager of this potential location. The December 14, 2010 25532 location . oh my goodness, I don't know the address. I apologize. The address for the site would be 15373 Newburgh. Up here with me is Colleen Kennedy. She owns Livonia Salon which is the space next to our location. She was instmmental in helping us secure the location, and she is also a dear friend and a partner in establishing this location. We're open to answer any questions you may have. Mr. Morrow: Do you have anything to add to the presentation before we go to the questions? Mr. Young: No. Mr. Morrow: Do we have any questions of the petitioner? Ms. McDermott: I'm interested in what is the experience that you already have with a massage center. Do you have any other locations and how long have you been involved with this business? Mr. Young: We currently also own a massage parlor in Fairlane Mall which is in Dearborn that has been in operation for close to two years now. One of our employees also works at Lakeside Mall, Super Life Acupressure at Lakeside Mall. Altogether, we have more than four years of massage schooling and experience. We are all certified. We have our certification. Does that answer your question? Ms. McDermott: That's good. So all of the employees that you're going to have at this location are already certified, and you have all that in place at this point? Mr. Young: Yes. Ms. McDermott: Okay. Thank you. Mr. Morrow: You may have heard the question I raised. Mark, if we could have that other drawing up there showing the interior of it. One of the questions we had at our study session was, you have areas marked faidy general, like foot massage and massage area. Is there going to be any type of partitioning or curtaining or how you separate your clients from the other clients? Mr. Young: Certainly. In the massage area, there will be set up four to six massage tables, and in between massage tables there will be curtains or something to separate for more privacy for the customers. In the foot area, we will have two foot massage December 14, 2010 25533 setups, which is basically just the chair and a stool where the employee would be giving the foot massage. Mr. Morrow: I might recommend that when this goes forward to City Council that you add that to it showing where the tables would be and where the curtain would be and any detail that will help see how you're going to manage that space. Mr. Young: Okay. Certainly. Mr. Morrow: Thank you. Mr. Taylor: Mr. Chair, if I could go on with your ques0on. How many tables do you intend to have? Mr. Young: Four to six depending on the number of employees, but our goal would be to gel four on the massage floor area. Mr. Taylor: And then two foot chairs? Mr. Young: Yes. Mr. Taylor: What about the acupuncture? Is that different from regular massage? Mr. Young: We specialize in acupressure, not actual acupuncture. There is a big difference. Acupressure is just usage of hands. Acupuncture you're thinking more probably with the needles. We dont do the needles. Mr. Taylor: You don't to any of that. Okay. Mr. Young: We only use our hands. Mr. Taylor: Thankyou. Mr. Morrow: Are there any other questions of the petitioner? Seeing none, I'm going to close the public hearing. Well, I'll wail to see if there is anyone in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I'm going to close the public hearing and call for a motion. On a motion by Smiley, seconded by Taylor, and unanimously adopted, it was #12-73-2010 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on December 14, 2010, December 14, 2010 25534 on Petition 2010-10-02-18 submitted by Ya Jia Xu requesting waiver use approval to operate a massage establishment (New Life Acupressure and Massage) at 15373 Newburgh Road within the Five Newburgh Plaza shopping center, located on the west side of Newburgh Road between Five Mile Road and Lancaster Avenue in the Southeast 1/4 of Section 18, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2010-10-02-18 be approved subject lolhe following conditions: 1. That this facility shall comply with all of the other special waiver use standards and requirements pertaining to massage establishments as set forth in Section 11.03(u) of the Zoning Ordinance #543; 2. That this facility shall conform to the provisions set forth in Chapter 5.49 of the Livonia Code of Ordinances pertaining to massage establishments; 3. 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; 4. That only conforming wall signage is approved with this petition; and, 5. The petitioner shall not engage in any form of solicitation for business within the public right-of-ways of either Newburgh Road or Five Mile Road. 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. December 14, 2010 25535 Mr. Morrow: Is there any discussion? Mr. Taylor: Is the owner of the beauty shop here? Is there sell a hair cutting place there? Mr. Morrow: We'll need your name and address for the record. Colleen Kennedy: We're the only hair cutting place. Mr. Taylor: The reason I'm asking is, Item 5 says that "the petitioner shall not engage in any form of solicitation for business within the public right-of-ways." Someone is out there now with a sign. I don't know who it is. I believe it has something to do with hair cutting. Ms. Kennedy: Is there a problem? Mr. Taylor: Yes. That's why we put the condition into this resolution, that we would rather not have that out there, people standing on the sidewalk diverting people and traffic. Ms. Kennedy: Kind of like the pizza guy, the Little Caesars guy? Mr. Taylor: Exactly. Ms. Kennedy: So you guys don't allow that? Mr. Taylor: Exactly. But when we approve somebody and we put it into the resolution, it's more enforceable. The pizza guy down the street doesn't have a resolution saying that he can't do that. Ms. Kennedy: The pizzaguydances. Mr. Taylor: I just wanted to make sure that you saw this Item 5. Ms. Kennedy: Okay. Thank you. Mr. Morrow: Could we have your name and address for the record? Ms. Kennedy: Yes. I'm divorced. My name is Kennedy now. Its no longer Debs. Mr. Morrow: What is it again? Ms. Kennedy: Its shown in the City of Livonia, I'm the owner as Debs. But I'm divorced, so my name goes back to my maiden name, Kennedy. December 14, 2010 25536 Mr. Morrow: Kennedy. And your first name? Ms. Kennedy: Colleen. Mr. Morrow: Colleen Kennedy. And your address? Ms. Kennedy: 15371 Newburgh Road. That's where the salon is. Mr. Morrow: Okay. Thank you very much. Ms. Kennedy: And I just wanted to lel you know that I'm a customer of the massage people here. I just want to sponsor them, you know to help them with their business because they're very professional and they take good care of your pains. Mr. Morrow: I can tell from the way that they conducted themselves tonight. Ms. Kennedy: This is my friend, Dong. I go 50 miles to Great Lakes Crossing to follow Dong. He's my massage therapist, and he lakes care of my pain because I stand 10 hours a day cubing hair because I'm a single mom, so he really helps me out. Mr. Morrow: Okay. That's a belated endorsement there. Ms. Kennedy: Thankyou. Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. We wish you luck in your endeavor. Have a good evening. ITEM #3 APPROVAL OF MINUTES 1,002nd Public Hearings and Regular Meeting Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,002nd Public Hearings and Regular Meeting held on September 28, 2010. On a motion by Scheel, seconded by Wilshaw, and adopted, it was #12-74-2010 RESOLVED, that the Minutes of 1,002nd Public Hearings and Regular Meeting held by the Planning Commission on September 28, 2010, are hereby approved. A roll call vote on the foregoing resolution resulted in the following December 14, 2010 25537 AYES: Scheel, Wilshaw, McDermott, Smiley, Krueger, Morrow NAYS: None ABSENT: None ABSTAIN: Taylor Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,003rd Public Hearings and Regular Meeting held on December 14, 2010, was adjourned at 7:45 p.m. CITY PLANNING COMMISSION Lynda L. Scheel, Secretary ATTEST: R. Lee Morrow, Chairman