The URL can be used to link to this page

Home My WebLink AboutPLANNING MINUTES 2010-01-26MINUTES OF THE 990m PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, January 26, 2010, the City Planning Commission of the City of Livonia held its 990' Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Acting Chairman, called the meeting to order at 7:00 p.m. Members present: Deborah McDermott Lynda Scheel Ashley Varloogian Carol A. Smiley Joe Taylor Ian Wilshaw Members absent: R. Lee Morrow Messrs. Mark Taormina, Planning Director; Scott Miller, Planner III; and Ms. Margie Watson, Program Supervisor; were also present. Acting Chairman Wilshaw 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 turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2009-11-01-02 McLAREN PERFORMANCE Ms. Smiley, Secretary, announced the first item on the agenda, Pefition 2009-11- 01-02 submitted by McLaren Performance Technologies requesting to rezone a porton of the properly at 32233 Eight Mile Road, located on the south side of Eight Mile Road between Parker Avenue and Hubbard Road in the Northeast % of Section 3, from R-3 to P. January 26, 2010 25173 Mr. Taormina provided background on the item and presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Wilshaw: Is there any correspondence? Mr. Miller: There is one item of correspondence from the Engineering Division, dated January 8, 2010, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. The legal description has discrepancies. According to our records the legal description is: 03A62 63 W 1/2 OF E 1/2 OF NW 1/4 OF NW 1/4 OF NE 1/4 SEC 3 EXC N 60 FT THEREOF, ALSO E 12 OF W 12 OF NW 1/4 OF NW 1/4 OF NE 1/4 SEC 3 TIS R9E, EXCN 60 FT THEREOF 4.54 ACRES. The provided legal description for Parcel A is missing a NW 1/4. There is also a problem between the provided descriptions of Parcel A and Parcel B. The first call should match and they dont. N 89dl7'23"E 164.89 FEET is not the same as N 89dl7'23"E 164.98 FEET. Furthermore, the city of Livonia is TIS R9E, not TIN R9E. There is also a misspelling of comer, and the nomenclature used should be consistent with regards to upper and lower case and the use of dashes to minimize confusion. The address according to our records is 32233 West Eight Mile Rd." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions for the staff? Seeing none, will the petitioner please come forward? Please stale your name and address for the record. Ronald Cieslak, Merntt McPherson Cieslak, P.C., 103 North Center Street, Northville, Michigan 48167. I'm the architect working with McLaren Performance Technology. I'm here tonight just to give a little additional information on this site development and what's proposed. As the plan shows, we are proposing to add initially about 36 cars to the site in that northern most 65 feel of the 150 feel. The reason for that is, with the leasing of the Cushman Building there is more staff coming on site. It's allowing McLaren to reshuffle some operations on site, taking some of what's going on in Building #2 right now and moving it to what's known as the Cushman Building. Overall, it has increased the parking requirements. The reason we are requesting 115 feet is the Cushman Building, as you well may know, has an office space on the north end of it that, in the foreseeable future, McLaren is anticipating using that for additional engineering and development space, but primarily office space, which will increase the parking requirements at which time they would anticipate developing the rest of the January 26, 2010 25174 parking in the area we're requesting to be rezoned. As was stated, our plan is to initially, as a part of this project when the smaller parking goes in, put a screen wall in on the three sides of the proposed rezoned area per the zoning requirements. The Cushman Building right now has a formed concrete wall behind it. We would anticipate using a similar material, all in accordance with City of Livonia requirements for that screen wall. From a lighting standpoint, right now I know this is starting to gel into some planning issues, but I thought I would just make note of it. Right now, because the parking is so close to the building, we foresee just using building lighting that has a sharp cutoff on it to provide just minimal security lighting on the back for staff. When the additional parking is expanded, we'd have to look at what additional lighting would be required, but we would work with the Planning Department to make sure that was, again, a sharp cutoff and would not intrude on neighbors' properties. That's just some general information. Mr. Gary Cronn of McLaren is here, and I thought he might give you a little more insight as to what's going on at the site from an operational standpoint and how that affects any additional parking. Gary Cronn, McLaren Performance Technologies, Inc., 32233 West Eight Mile Road, Livonia, Michigan 48152. I'm responsible for facilities among other things. As Ron was saying, the additional space, why we need it, is because of the anticipation of further growth. I hope we bring something that's good news in the fact that we're very fortunate to be experiencing some new innovative technology being brought into McLaren, that being solar engines and also wind power. These are some of the new projects that are requiring us to increase our staffing, especially our engineering staffing. What is not shown on the building that I want to address is the fact that there is another building that we are currently leasing, which is farther west, which houses engineering and build, which we're going to put into Building #2. By moving these folks over, that's another reason we need the parking space in order to accommodate these existing people. We've been adding people in all areas, but more or less in engineering. I believe our count is pretty close to about 140 people. With all this new investment that we put into Building #2, some new dyno equipment, multiples of millions of dollars. Our business is changing, and I think that's important to understand. I'm relatively new to McLaren, but I understand in the past there has been a lot of engine testing. If you look and see the building, you'll see the stacks. Last quarterly, we didn't burn any gasoline because the nature of our product, our business, has changed where we're now involved with drive train transmission type parts, which go on dynomonilors and are not January 26, 2010 25175 producing any noise emissions like you would have with the engines. In addition, with the solar engines, which I have a copy that I'm more than willing to show people what it looks like, there's no noise and no emissions. These types of new products greatly enhance the type of business we're doing but also reduces our noise level. I think being part of a good neighbor, and that's what we wish to be, is to continue to grow in this area and bring this type of new technology in, not only to Livonia but to the Stale of Michigan. I'm pretty excited that this type of new business is allowing us to request the rezoning that will allow us to bring in more people and add more people. When they're here, they're spending money in Livonia and shopping here, and it always helps improve the lax base loo. I think it's a good thing, and I hope we have approval on it. Mr. W lshaw: Are there any questions from the Commission at this lime? Ms. Vartoogian: Is my understanding that the parking is exclusively for employees? Mr. Cronin: Yes. Ms. Vartoogian: Okay. So no unloading, loading, and that kind of thing going on back there? Mr. Cronin: No, actually, that was one reason why we acquired the Cushman. The Cushman is going to be primarily a warehousing facility. We looked at renovating it but the cost is extremely high to renovate. So our initial thought is to use it more for warehousing, where Building #2, I'd say the first northern half of R, has been an inventory and storage area. We're going to move that into Cushman and the engineering resources. We're hoping with the new business with the windmill project will bring in more people for that project and we'll house engineering staff in there. These, along with the people that are in Building #4 down the road a little bit to the west, they need to have a place to park. So this will be all for employee parking. In fact, we're arranging our drive so that we can accommodate all transport in and out of product to be in and out Eight Mile on our campus. One of the benefits, I think, by us leasing this building, is that on the Cushman, I should say is that there was traffic, semis and for forth moving up and down the adjacent road. Our intention is not to use that. In fact, we're looking at adding a ramp to the back so our trucks, instead of circling clockwise, will go counter clockwise on the same property so there will be no need to have any ingress or egress in that area. I think that's another benefit that we're improving the type of traffic flow in that area too. January 26, 2010 25176 Ms. Vartoogian: Okay. And what limes of day would you expect to see employees parking in that lot? Mr. Cronin: Primarily during the normal office hours, anywhere from 7:30 a.m., 8:00 a.m. start time to roughly 5:00 p.m., 5:30 p.m. Some linger over later. We do run two shifts but that's generally a very small number of people, and people are going to what to park close to the building if they can. So that's what I anticipate. Ms. Vartoogian: Okay. Thank you. Mr. Wlshaw: The number of jobs that you're bringing to this site that are currently at other locations, how many is that going to be? Mr. Cronin: Building #4, 1 believe that's what you're referring to, I don't know the exact count but I'm thinking there's approximately, between engineering and technicians, which are building these transmission parts, approximately 20 people, I think, 1510 20 at the most. Some of these people are already working in Building #2 right now. In fact, we're moving people over right now into Building #2. Mr. Wilshaw: Okay, thank you. Al this point if there are no other questions from the Commission, we will go to members of the audience. Thank you, Mr. Cronn, you can have a seal and we'll call you back up in just a minute. Is there anybody in the audience that wishes to speak for or against this petition? You're welcome to come up to either podium. You can line up, and we ask again that you give your name and address as you begin your comments. Jim Prieskorn, 20445 Hubbard, Livonia, Michigan 48152. On the left hand side where you have the dark shaded area, that's my garage and my house. Not to be insulting, but here we are again. This has been an ongoing problem since I've moved in there in '88. Back in '88 eady 90's, McLaren Engine wanted to turn that whole area into a parking lot, and where the gale from 60 feet of my lot line to the east and on the other side was another 60 feet to the west, they asked to make that all just into parking lot for storage of trucks. The Planning Commission and the Council turned it down. We wanted a berth; we wanted trees; we didn't want parking lots. They said, no, it's not going to happen. We've been here numerous times. We've had problems when Cushman was in there with the semi -trucks. That's one reason why I moved. The last time we were here before they started to do construction on the east building, they said that they're just outgrowing their area. We want the technology. We want the business, but move to an industrial park. That's what the January 26, 2010 25177 residents wanted. Why they insist on being here, and they're outgrowing this area, I have no idea. I've had people look over the wall into my property. There's been people parking behind my garage with boats and trailers. We had a problem when they first started doing whatever they're doing in there with the noise that lasted almost two months. The neighbor across the street from me, Melissa, had to call the ordinance officer, and he look decibel readings. He said they couldn't believe the noise that was over there, and that's across the street from me. My bedroom is on the other side of my house and it keeps me up all night. These people were well aware of the noise that was going on, but it look an ordinance officer to go, hey, shut this down now, gel it fixed. They did fix it. We still hear a noise, but it's a lot less than what it was. There are still trucks that go in there. They've had equipment, like their pickup trucks, their trailers, parked in there. At that time when the ordinance officer came in, there was a flatbed trailer and a flatbed truck on the other end, at the east side. That was moved finally when the ordinance officer said something. The ordinance officer found out they were running the cart back from All Stale Refrigeration where they're renting that #4 building. Il was supposed to be on the sidewalk. They were told not to do that. They kept doing it until the ordinance officer said something. They removed the gale. It's been a convenience for them to park whenever they want in there. That gate has never been put back in there. In my recollection, back in the late 80's and early 90's, that was supposed to be gated off so they wouldn't do that. Since they've petitioned to have this added on, they started putting snow on the parking lot in that field. Nobody has parked back there. They're still not parking there now, and I don't understand why they had to insist on letting people park back there or put people back there or lel their employees park their equipment back there when they weren't allowed to in the first place. So my statement is, they're doing sluff behind the City's back even though they're not supposed to. They've been pretty good neighbors. Some of the McLaren people that I've talked to and when I've asked them to cul the grass, they cul the grass. No problem. But the way I see it, they're building a big montage here. They cant gel rid of that property unless this is turned all into parking, and they're encroaching on our rights, little by little by little. And that's the thing. When I voted for Council people and the administration here in Livonia, you people are suppose to protect my peace and quiet, my rights. And if you allow this to happen, you're violating my rights and my peace and quiet. So I'm asking you here tonight, turn this down again please. We don't need it. If they want to expand, go to an industrial park where they belong. I know we're in a crisis with the economic situation, new technology is out there, but a lot of this January 26, 2010 25178 technology, as a mechanic technician myself with an associate's degree, this has been on the board since back in '77 when I graduated, and now we come to it. But they need to go to an industrial complex. It's just loo crowded here for what they want to do and bring in more people. So please don't allow this to happen. Thank you. Robert Austin, 20306 Hubbard, Livonia, Michigan. I'm seven houses south of the 300 fool of their campus. I've lived at that house for 24 years and I've been to every one of these Planning Commission and zoning commission meetings that McLaren has had for their expansions for their parking, etc. The last one, if I recall, they said they were outgrowing their properly and they pretty much threatened the City of Livonia that we're going to find someplace else to run our business. And what's happened, they got Building #2 and Building #3 and they remodeled all that area. I'm totally against parking as I've always been. I really don't have a lot of trust in McLaren Engines. All those zoning meetings and Planning Commission meetings that I've been to, I hear the same thing that they're going to cutback on the noise; they're not going to be running any midnight shifts or late shifts. And I'll tell you, until it got loo cold to sit out in the background, the noise is still there up until 11:00 p.m., 12:00 a.m. at night. My wife works afternoons, comes home at midnight, and we can't sit out in the backyard at night because, not all the time, but too often we hear the dynomonitor testing or whatever it is that they do there. I don't think they're being good corporate neighbors. A lot of the people in the neighborhood have been there from a long time and for you guys to approve parking is just one step. I can see if it's approved, coming back here next year because they want to expand even more parking, and this 65 feel that's shaded in gray right now for parking, out of 115 feel. If this is approved, the other 50 feel or 60 feel or whatever it is, is eventually going to become more parking. Then they're going to be back here again asking for more parking because they've got the Cushman Building and they need more people. I just would like to see a slop put to all of this, and I would beg you guys to just turn this down again, like you have in the past. Thank you. Mr. Wilshaw: Is there anybody else in the audience that would like to speak on this item? Seeing none, we'll give the petitioner a chance to come back up and give additional comments if they'd like. Mr. Cronn: I do appreciate the concerns. I've only been with McLaren since September so I don't know the back history, but I can tell you I know how important jobs are. Being laid off from the automotive industry before I received an opportunity to work at McLaren, I January 26, 2010 25179 can understand as homeowners where your concerns are. I do know though being out of work for six months or a year, is real rough and we're given an opportunity for jobs, real jobs here, which helps everybody here. It helps the school by the tax base. It helps your businesses. We hope to be good corporate neighbors. I can say that at lead while I'm working there, I can give you my card so if you do have a problem, I'd be more than happy to address it personally, one-on-one with you. I don't know what it was like in the summertime because I wasn't there, but I know those engines can be pretty loud. We do see a decline in that business, primarily because its not there anymore, and we don't foresee it coming back very much. The bulk of our business is going to be with the dynomonilors and things of that type, which I'd be more than happy also to give you a tour and show you what we do have. Maybe it's been a while since you've been there to demonstrate that and see what kind of noise level and see what we're doing to try to dampen things. All I can say is, that by us getting the Cushman, it going to reduce some of the aggravation you had in the past. Without us doing that, it would be an empty building. Without us being there, it would be empty real estate that wouldn't bring any lax revenue or jobs. No one wants that and that's not our intent either. We do see great opportunities. I can't tell you what our future is going to be. I know that was a concern because just listening at the many, many attempts and different variations. The reason we ask for this much space was so we won't have to come back to this and ask for additional parking. We anticipate that what we show in gray should be enough, but we never know. If we're fortunate enough to have more business, then we would need to have that space for people. As far as driving back and forth on that Iittie golf cart, going back and forth between the buildings, this eliminates that whole nonsense too, which is why we're trying to consolidate on this campus and do things right. We ask that you give that some consideration. I do appreciate your concerns. I'd be more than happy to talk to you one-on-one if there is something we can do or something that comes out that you're not expecting, that we can try to help out and find a solution. Mr. Wlshaw: Mr. Cronn, I think some of the Commissioners may have some additional questions. Ms. Smiley: Could you tell me what you plan on parking back there? Just employees' cars? Mr. Cronin: Yes. Actually, with the Cushman, we've moved the trailers inside the Cushman building. We have a 46 foot long trailer and the open feather light car trailer. Those have all been moved January 26, 2010 25180 inside the Cushman building because we have the storage, and that's what we're using it for, storage. It also keeps the property safe, but that would be for employee parking or a potential visitor if they ever had to stray back there. Ms. Smiley: Okay. That was one question. And the noise level. You spoke about it going down. They're saying that it's still up. Mr. Cronin : Well, I can't judge what time frame they were. I can just say that, as far as engine running, we didn't burn any gasoline. I have to report to the DEQ every quarter, and we didn't bum any gasoline. So there isn't that type of noise, but there may be other noises that I'm not aware of. I'm not sure what it would be but when I'm walking the parking lot, I don't hear anything, but then again, I might not be attuned to the noise the neighbors may be listening to. Ms. Smiley: Okay. Thank you. Ms. McDermott: I just wanted to know, how long has McLaren been at this location? Mr. Cronin : I don't know the answer to that. Mr. Taormina: Forty one years. They celebrated their 40th anniversary at this location this past summer. Ms. McDermott: Okay, so the business has been there for 41 years. Mr. Taormina: Not quite, but close. Ms. McDermott: Okay. Thank you. Mr. Taylor: Through the Chair to Mark Taormina. Mark, maybe I'm a little confused, but the Planning Commission and the Council, were those petitions withdrawn or were they turned down? Mr. Taormina: If you're referring to the petition that was filed in 1997, that was actually never acted upon and I believe it was eventually withdrawn. So there was never a denial on that. With respect to the 2007 petition, again, that case was withdrawn by the petitioner. So those are two cases where there was never any final action or determination by the Council. Mr. Taylor: That's what I remembered. I know that McLaren was kind enough, I would say, to see that what they wanted to do at that time was not a good thing for the neighborhood. I know a couple of years ago, McLaren was talking about moving out January 26, 2010 25181 because they were growing. And that's the good news for Livonia, when a company is growing in Livonia. They're adding more employees. The lax base is better. And now, all they want to do is accommodate their employees with parking. They don't want to move the facility back in there closer to the neighborhood. All they would like to do is extend the parking, and like you said, its not going to be lighted. It's been there for 40 years. I can understand the neighbors not wanting them to go further back into that properly. I was on the Zoning Board for many years. There's a 300 fool line that we have and the only other thing that we gave was parking, another 50 or 100 feel for parking. And the Zoning Board used to do that and now its changed over to where the Council and the Planning Commission have to hear it. I just think that in moving this equipment, I know we talked about it a couple years ago. Moving the equipment is a very, very expensive thing. The equipment that they have, the lest motors, is very, very fragile and they need to have it steady in the place that its at. So it's working out well for them there. Its good news to me that they want to slay in Livonia, and like I say, they're not getting into your property or getting into their properly, actually is what it is. Mark, is this wall now going to cordon off the property where they can't gel to the back part of the properly if they wanted to park somebody's boat there or something like that? How do they gel to it to mow it? Mr. Taormina: It has to be a continuous unpierced wall where it abuts the residential district. Any openings in that wall would have to be approved by the Zoning Board of Appeals. That will be a continuous wall that will tie into the existing wall here in the southeast corner of the Cushman property. That wall would extend south for 115 feel along the west boundary, and I believe along the rear lot line of Mr. Prieskorn's property. Then it would continue east across the property here and then it would turn back north where it would lie into the existing wall that is just south of Building #3. I'd also like to point out that the standards of the P, Parking District, the area that is shaded here, which would be developed with the parking lot, require that it be used for passenger vehicles only and no storage can take place as well. It would be limited to that use only for passenger vehicles. Mr. Taylor: As far as the noise goes, we have a Noise Ordinance and I'm sure that the neighbors know about it. Any time that there is a problem with that, that's what the Inspection Department is for. And this is not the only neighborhood where there is a noise problem. Wherever we have residential going up to ML, Manufacturing, you're always going to get a noise problem. All you have to do is call the Inspection Department, and they are January 26, 2010 25182 out there immediately with their decibel readers. I think they can take care of it quite well. The other thing I was going to ask, Mark, how will they get back there to take care of the properly? Could they could put a small enough opening to gel a mower through? Mr. Taormina: There is going to have to be some exception made for just that reason, for maintenance purposes. That will either be handled through the Inspection Department or any openings may have to go to the Zoning Board of Appeals, but that will be a determination by our Inspection Department. Mr. Taylor: But it sounds like they've been laking care of the property and mowing it whenever they're asked. You shouldn't have to ask, either. It should be done regularly like every residence does, gets back there and mows their property. Thank you. Mr. Wilshaw: Is there anybody else that has any comments? With that, thank you, Mr. Cronn. Mr. Cronn: Thank you very much. Mr. Wilshaw: I will close the public hearing at this time and ask for a motion. On a motion by Taylor, seconded by Vartoogian, and unanimously adopted, 0 was #01-01-2010 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January 26, 2010, on Petition 2009-11-01-02 submitted by McLaren Performance Technologies requesting to rezone a portion of the property at 32233 Eight Mile Road, located on the south side of Eight Mile Road between Parker Avenue and Hubbard Road in the Northeast % of Section 3, from R-3 to P, the Planning Commission does hereby recommend to the City Council that Petition 2009-11-01-02 be approved for the following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding uses and zoning districts in the area; 2. That the proposed change of zoning will provide for a transition or buffer zone between residential uses and more intensive industrial uses in the area; 3. That the proposed change of zoning will provide an opportunity for the development and utilization of the vacant southerly portion of the subject property, and, January 26, 2010 25183 4. That the proposed change of zoning represents a reasonable and logical zoning plan for the subject property which adheres to the principles of sound land use planning. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw, Acting 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 2009-11-01-03 KUCYK, SOAVE Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 11-01-03 submitted by Kucyk, Soave and Fernandes, P.L.L.C. requesting to rezone the property at 14401 Henry Ruff, located on the west side of Henry Ruff Road between Schoolcraft Road and Lyndon Avenue in the Southwest 1/4 of Section 23, from RUF to R-3. 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. Wilshaw: Is there any correspondence? Mr. Miller: There are two items of correspondence. The first letter is from the Engineering Division, dated January 5, 2010, which reads as follows: 9n accordance with your request, the Engineering Division has reviewed the above referenced rezoning petition. The legal description is satisfactory. The address according to our records is 14401 Henry Ruff." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The next letter, dated January 19, 2010, is from residents who live at 18795 Bainbridge, Livonia, Michigan, and reads as follows: 7t is our request, as homeowners of 14401 Henry Ruff, that our lot be granted a rezoning approval from its current RUF to R,3 zoning. We are strongly in favor of this rezoning. We are pleased to move back to Livonia from Drummond Island. We thank you for your consideration and look forward to a favorable outcome." The letter is signed by Wayne and Billie Roberts. That is the extent of the correspondence. January 26, 2010 25184 Mr. Wilshaw: Are there any questions for the staff? With that, we will then go to the petitioner. Mr. Soave, name and address please. Enrico E. Soave, Esq., Kucyk, Soave & Fernandes, P.L.L.C., 37771 Seven Mile Road, Suite C, Livonia, Michigan 48152. Good evening, everyone. I'm here on behalf of the named petitioner. Just a few additional comments to expound upon what Mr. Taormina has already cited. There is a house being built on this property. The house is approximately 30 days, roughly a month, from a Certificate of Occupancy being granted. As Mr. Miller cited, the actual homeowner, the Roberts, are very excited to move back into Livonia from up north, and especially they are excited to move back into the area. They like the setting and they actually like the neighbors in the neighborhood. The house was actually designed and situated to conform to R-3 zoning in all respects and is compatible and in harmony with the existing neighborhood. This property has had a long history, which Mark Taormina has cited, with the previous properly owners, current property owners and the subsequent homeowners to follow. By rezoning this properly, it will serve to actually resolve all the previous issues and any other issues going forward on the property. For example, in the event this rezoning should not be approved, the RIF, when the homeowners move in and actually want to put a deck onto their properly, it will be deficient because of the rear yard setbacks. So once again, they're going to be back in front of the ZBA asking for a variance to allow them to put a deck on the back of their property. That's about all I have for right now, and I'd like to entertain any comments the Commission may have. Mr. Wilshaw: Are there any questions from the Commission? Hearing none, is there anybody in the audience that would like to speak for or against this item. Good evening. May we have your name and address please? Janice Kind, 14380 Hillcrest, Livonia, Michigan 48154. 1 am Lot 9. 1 am requesting this Planning board to use good sense on this decision because I believe if this sets a precedence on this being rezoned to R-3, that they'll try and do that on the rest of the street. There is no sewer on that side of Henry Ruff, so anybody that wants to tie into the sewer has to tie in and gel easements through our lots. If you look al this lot, I don't know if anybody from the Planning board has even gone down that street and looked at the house? Has anybody? Mr. Wilshaw: Yes January 26, 2010 25185 Ms. Kind: Okay. You'll notice that there's two chain link fences right up in the front of this property. How good is that planning? There s a garage in the front yard of their next door neighbor. How good is that planning? I think that if you rezone it to R-3, its going to set a precedent and you're going to have a hodgepodge looking neighborhood. It devalues my property, my neighborhood and the neighborhood across the street from Henry Ruff. No other place in the city, I believe, allows chain link fence in your front yard and have a garage to look at. So I would hope that you'd make a decision consistent with good planning for the whole city. Mr. Wilshaw: Thank you, Ms. Kind. She is Lot 9. Ms. Smiley: Which one is Lot 9? Mr. W Ishaw: Mark, is that the one that's either north or south of the proposed rezoning? Mr. Taormina: That would be south. It would be this lot. I believe she's referring to the fact that people who live along Henry Ruff are entitled to a fence that would extend beyond the front of the petitioner's house. Mr. Wilshaw: Okay. Mr. Taylor: I went down the street, and you're right. It's kind of a strange situation because the persons who would like to have their lot extended would have a fence back at the back, and that goes in and out as you go all the way down the street. This is a particular house that's already built, and it may be a little uncomfortable to have that fence like we're talking about there, but the key to this property is that it's R-3 and it matches the property across the street. Many years ago when Livonia was developing, the Council in their wisdom fell that you could develop one half of a street, and that was a mistake obviously. We're trying to rectify it now. So they only paved one half of the street. The street was supposed to go through all the way to the expressway. It wasn't an expressway at that time, but all the way to SchoolcraR Road. Now that we have this situation, we have to do our best to be able to accommodate what's going on. With that home being where it is now and it has the approval of the Zoning Board, it's halfway up or more. Anytime they wanted to come back and do some development on that property, as was staled by the petitioner, they would have to go back to the Zoning Board of Appeals in order to put something in the backyard, an extra shed or something like that, because it's RUF property and you're not allowed to do that. Livonia, in January 26, 2010 25186 many areas off of Seven Mile, has a large track of land called RUF properly that 60 foot developed lots are on d, and 70 foot developed lots. Every time those people want to do something to their yard, they have to go back to the Zoning Board of Appeals to allow them to do that or not do that. This is kind of what I might call a no brainer. The house is up. I'm sure there is going to be more people that will sell the backs of their property off and will be developed, even though there's a fence there now. Later on when persons get older and they feel they can get more income off of their properly, they sell the back half of the lot off. And that's what actually should happen along this street to make it uniform. The people on the east side of the street, I know for many years have taken advantage of using the backs of those lots to park their boat on, to park their car in. I've seen it happen many, many times. So what we're doing here tonight I don't think is going to harm anything of the neighborhood, and it's probably the right thing to do. Thank you. Mr. Wilshaw: Does anybody else have any questions? Okay. Did the petitioner have anything to stale? Mr. Soave: Nothingfurther. Thank you for your time. Mr. Wilshaw: Ma'am, would you like to say something? Please come forward to the podium. Cynthia Swinlek, 14390 Henry Ruff, Livonia, Michigan 48154. 1 live directly across the street from the home that's been built. First of all, I have to address the comment that you made saying that we park our boats and our trailers and stuff. Never has anyone on our street parked boats or trailers there. It's the homeowners on Hillcrest, and that is their property. They have a right to do that. Never in my 20 years living in that house has anyone ever parked a boat or a trailer, from our side of the street, on there for more than maybe 10 seconds. Actually, we can park over there. We were told we could park over there if we'd like to because that's the same easement as if we had a full street, which we do not have. Mr. Taylor: Its called right-of-way, ma'am. Yes, ma'am. Ms. Swinlek: Its the right-of-way and no one has ever parked a vehicle there for more than maybe a couple hours, and never a boat or a trailer. It's been a car if there's a party or something or a graduation or a birthday party, we've parked on that side of the street. Living across the street from this house, I won't have that option any more to do that if I have anybody come over. January 26, 2010 25187 And I won't be able to park in the street because it's not wide enough to park. They'll be driving up on these people's lawn if they want to go over and go around the car. I don't know why they're coming now for this. Why was this not done before? Normally, when they petition to build a house on this side of the street, we were notified. We were never notified that they wanted to build over there this time. The street, he didn't live up to what he was supposed to do, now he's trying to renege on that. The Iasi time we were at the Zoning Board, they said in order to build, you have to widen the street to make it uniform with the other streets in the neighborhood. Well, they didn't do that. But we gel to listen to the noise, and all the dust. My house was full and my car. I must have washed my car a dozen times while they built the house, and I know that's not what we're here for, but it's been aggravating. Eleven o'clock at night they were pounding and building all summer long. My neighbor on the corner and us, we had to call. We had to call in a complaint because they wouldn't slop building, and then we were told, oh, they're allowed to build unfit 1100 p.m. You know, I know you don't live there. You don't know the history. Twenty years, and like this other guy, we've been back and forth and back and forth, and all we gel is a dance because its Soave, and he's got connections with the city. And Soaves, you know, they've got five different family members that are builders or lawyers, and we gel tired of hearing that and then we go downstairs and we want to meet with somebody. We see them waltz in and somebody will say, oh, are you here about the house on Henry Ruff? Oh, Henry Ruff, that house, oh, piece of cake. No problem. It's a slap in the face to us because we don't have the power that he has. We want a little respect and we don't gel that. Mr. W lshaw: Ms. Swinlek, what we're considering tonight is just the rezoning of the properly. Ms. Swinlek: I know, l know that. Mr. Wilshaw: As you know, the house is already there unfortunately. Ms. Swintek: Unfortunately, it is. That's right. And I have to live with it and I have to look at the house between the two fences and say that the whole street should just sell. Well, the people on the other side of Hillcrest, they don't want to sell their houses, and they don't want it rezoned and they don't want it changed. There is no sewer. They had to come across the street to my house and tear up my yard to gel at the different things. They had to tear between my friend's house to gel the plumbing on that side of the street, the sewage. Now, every house that they build, is that January 26, 2010 25188 what they're going to do, make variances between the houses and come across the street and do whatever they have to do? We weren't even told that this house was going up until we saw it go in. I just feel that the whole thing has been a sham to us and I don't know. There's people on our street that aren't here that are very disappointed, and the City lets it happen, and that's what really gets me. The City isn't behind the citizens anymore. The City is behind the builders, the money, the people with the money and lax dollars for the city, and I understand they need tax dollars. Everybody needs something, but it's just ... they should have done some of this before, but because he's Soave, he thinks he can waltz in and do it whenever he wants and it's going to pass. That's all I have to say. Mr. Wlshaw: Thank you, Ms. Swintek. I appreciate your comments. Is there anybody else that has any comments? Ms. Vartoogian: I just want clarification from the Staff. This rezoning isn't going make any visual changes to the properly, is d? It's not going to require that the house lake down the fence or that they move their garage. It's going to appear the way it does now and nothing is going to change essentially. Is that correct? Mr. Taormina: Are they required to make changes to the property in order to conform to the R-3 District regulations should this property be rezoned? Ms. Vartoogian: Just like the ones across the street. Mr. Taormina: For example, the addition of a deck wouldn't have to go back through any kind of variance procedure, as long as it conformed to the R-3 District regulations. But, no, it certainly wouldn't require any changes that I'm aware of on any of the adjoining properties. Ms. Vartoogian: Okay. Thank you. That's all. Ms. Smiley: On the Future Land Use, is this R-3 or RUF? Mr. Taormina: Low density residential, so that would conform to the Future Land Use. Ms. Smiley: Thankyou, Mr. Chair. Thank you, Mark. Ms. Kind: I'd like to make sure that you're saying that I dont have to lake my fence down. Is that what you stated? If this is zoned R-3, January 26, 2010 25189 my fence goes right along their front property, and I don't believe I should have to take my fence down to conform to R-3. Mr. Taormina: I'm not aware that it would, ma'am. Again, I don't think that there is any requirement for that. She would have to check with the Inspection Department, but I would think they would have informed her at this point if that was a requirement. But since R's her fence, no. Mr. Wilshaw: Yes, it's an existing fence that you put up, so I don't see that you would have to all of a sudden remove that because of this. Mr. Taormina: There may be certain portions of that fence that are non- conforming currently. I don't know. She should check with the Inspection Department what changes, if any, she can make to that fence to prevent having to conform to the ordinance. So I don't know the circumstances with the fence and whether or not R conforms even to the RUF District regulations. Ms. Kind: It is. It conforms to the RUF. Mr. Taormina: If that's the case, then she should be fine. Mr. Wilshaw: Okay. Ms. Kind: Then I will not have to take it down if it's zoned R-3? Mr. Wlshaw: Ms. Kind, what I would recommend that you do is, based on what you've heard tonight and based on whatever happens at this meeting tonight, give the Inspection Department a telephone call because we're only going to make a recommendation to the City Council anyways. So you're going to have another opportunity at the City Council to comment on this item, and by then, you'll also have a chance to have spoken with the Inspection Department and verify that your fence is going to be okay. If its not or its going to be affected by this in some way, that's something that you may want to address with the City Council when this item comes up. Ms. Kind: Will that person have to take the garage down, too, so it's not a garage in the front yard? Mr. Wilshaw: No. Mr. Taormina: Absolutely not. Ms. Kind: Also, I hope before you make your decision, has anybody talked to the Engineering Department? If everybody decides to sell January 26, 2010 25190 like Mr. Taylor suggests they should, if that sewer on Hillcrest can support that more densely populated R-3 zoning, that many houses tying into the Hillcrest sewer that was built in the '40's or early '50's. Mr. Wilshaw: When we gel these petitions and we only have one petition addressing the rezoning of this one parcel before us today, those all go before the Engineering Department and all the other departments in the city. They have an opportunity to comment if they have any concerns on this petition. They have not commented that they have any concerns with this petition or this rezoning. Ms. Kind: Yes, but Mr. Taylor is justifying his opinion by saying that everybody should sell their property and should conform to the R-3. So I hope that's taken into consideration. Thank you. Mr. Wilshaw: You're welcome. Phyllis Paterson, 14100 Henry Ruff, Livonia, Michigan 48154. I've been there for 47 years. We bought a brand new home for the simple reason that Henry Ruff was a beautiful street at that time. All of our neighbors will agree, and there are several here tonight that the homes on that street are coveted homes. Usually, if one is for sale, it doesn't slay for sale very long. I'd like you to come and visit my house at 14100 Henry Ruff, Mr. Taylor, because it's not an ugly street. Cindy Swinlek has commented that we don't have boats and trailers and all kinds of garbage parked on the street on the lots across from us. It's a wonderful street, and I think Cindy Swinlek mentioned that the reason this couple is buying their home on Henry Ruff is they saw it and they thought it was such a beautiful street that they had to have their home built there. I think all of the neighbors on Henry Ruff would like, of course, to see the street stay as nice as it is. It's wide open spaces, which we dont have too many of in Livonia any more. I would ask that when I went to the Zoning Department first, when one of my neighbors brought the notice to me that this zoning was coming up, they sent me to the Planning Department because they couldn't answer my questions as to why, after the fact, are we getting a notice on a zoning change? Isn't that usually something that has to be done before a house is built? No one down in the Zoning department wanted to comment on that, nor did they want to comment on that up in the Planning Department. They said to come to this meeting and perhaps some answers would be made. Well, I still dont know why the Soave Builders got the permission to build before getting the zoning change. Can anyone answer that question for me? January 26, 2010 25191 Mr. Taylor: I think Mark can answer it very easily. They went to the Zoning Board of Appeals. There's a notification that goes out when the Zoning Board of Appeals has a meeting, when the Planning Commission has a meeting under certain circumstances, zoning, a change one way or the other on the properly. I'm sure that when the Zoning Board of Appeals allowed them to build that house on a RUF piece of properly, there was a notice that went out within 500 feet. Ms. Paterson: No, there wasn't. Mr. Taylor: Well, it depends on whether you gel within that range. There's a circle that they go by, and I cant tell you whether you got one or you didn't get one. Mr. W Ishaw: Please, let's not yell from the audience. I'd appreciate it. Thank you. Ms. Paterson: I understood that not many people got the notice this time. One was brought to me because I live down at the south end of Henry Ruff, down near the dead end. Most of the questions that have been asked is, how did this happen without any of us on the street, most of us on the street, not even hearing about it? Mr. Wilshaw: Ms. Paterson, it's not overly common, but there are times when houses are built on nonconforming lots, which is what essentially happened here. What this zoning request is trying to do is put that into a conforming lot. Now that the house is already built, what's done is done. They're trying to have the zoning be appropriate for the use that's on that property. Hopefully, the people were properly notified for this zoning petition. I think notices went out on this on a timely basis. Mr. Taormina: Three hundred feel is the requirement. Mr. Wlshaw: Okay. Unfortunately, you're beyond the 300 feel, I imagine, which is why you didn't gel the notice on this. Ms. Paterson: That's correct. Yes. Mr. W Ishaw: Its good that your neighbors shared that with you. I appreciate that. Ms. Paterson: The only comment that I did gel from one of the gentlemen in the Zoning office when I visited there about a week ago, I asked how does this happen, and what's really behind it all? And he said, it sets a precedent and that makes it very easy to get the zoning changes for anyone else along that Hillcrest corridor that January 26, 2010 25192 might decide to sell their back properly. So I think it's very advantageous to the builders in this community when those things happen, and I don't think it's to the citizen's advantage. That's all of my comments. Mr. Wilshaw: I appreciate that. Thank you very much. Mr. Taylor: Through the Chair, just to try to clear up a few things. I didn't realize that neighborhood was 47 years old, but I knew it was old. It's well kept, because like I say, I went down the street a week ago, and it's a very well kept street. I apologize for the fad that other years, because I've been involved so many years in politics, I've gone down that street and there have been, I'm sorry, a boat or a trailer or something, and maybe it was the people that owned the properly. I don't know. All I remember is seeing it there. Like I stated before, it's unfortunate that the Council prior to this Council and many Councils, 47 years ago, they decided to put half a street in. Its there now. This particular lot has been split off and everybody has the chance or the opportunity that owns a piece a property, if its large enough, to split the back of the piece of property off or split half of it off. They have that opportunity. They go to the Zoning Board of Appeals, Planning Commission, the Council, to try and do that type of thing, to split off property. But everybody has that opportunity. I'm just saying that it's possible that soon or some day, that street may be all split off, but you always have the opportunity to come, as you have tonight, and say whether you think its right or if it's wrong, and then its up to the City Council to determine whether it is right or wrong. Thankyou. Mr. Wilshaw: Thank you, Mr. Taylor. I'm going to close the public hearing at this time. A motion would be in order. On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was #01-02-2010 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January 26, 2010, on Petition 2009-11-01-03 submitted by Kucyk, Soave and Fernandes, P.LLC. requesting to rezone the property at 14401 Henry Ruff, located on the west side of Henry Ruff Road between SchoolcraR Road and Lyndon Avenue in the Southwest 1/4 of Section 23, from RUF to R-3, the Planning Commission does hereby recommend to the City Council that Petition 2009-11-01-03 be approved for the following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding zoning and land uses in the area; January 26, 2010 25193 2. That the proposed change of zoning is consistent with the developing character of the area; 3. That the property involved in this request would be in full compliance with R-3 District regulations; 4. That the proposed change of zoning would cause the zoning of the properly to more accurately correspond to the use and size of the properly; and, 5. That the proposed change of zoning would moot the existing zoning variances granted to this properly and render ordinary additions or construction of outbuildings a matter of right, whereas under the current zoning, any such changes would be prohibited and require variances from the Zoning Board of Appeals. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw: Is there any discussion? Ms. Scheel: Mr. Taormina, is it possible that we could have our department check to make sure that if anything that we've approved and are recommending is going to affect any of the surrounding neighbors that we can let the surrounding neighbors know that? Mr. Taormina: Absolutely. Ms. Scheel: Thankyou. Mr. Wilshaw, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #3 PETITION 2009-12-02-18 WALGREEN COMPANY Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 12-02-18 submitted by Walgreen Company requesting waiver use approval to utilize an SDM license (sale of packaged beer and wine) in connection with a retail facility at 17001 Newburgh Road, located on the west side of Newburgh Road between Mallory Drive and Six Mile Road in the Northeast 1/4 of Section 18. January 26, 2010 25194 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. Wilshaw: Is there any correspondence? Mr. Miller: There are two items of correspondence. The first item is from the Division of Police, dated January 7, 2010, which reads as follows: 'We have reviewed the plans in connection with Walgreens-SDM License located at 17001 Newburgh (southwest corner of Newburgh and Six Mile Roads). We have no objection or recommendation to the plans as submitted as long as they comply with all State Laws and City Ordinances." The letter is signed by Donald E. Borieo, Sergeant, Special Services Bureau. The second letter is from the Inspection Department, dated January 12, 2010, which reads as follows: "Pursuant to your request of December 17, 2009, the above - referenced petition has been reviewed. The following is noted. The existing drugstore is located within 500 feet of an existing SDM licensed establishment. A waiver by Council would be required. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. Thal is the extent of the correspondence. Mr. Wilshaw: Are there any questions from the Commission? With that, we will then go to the petitioner. Sir, please give your name and address. Marcus Ray Jones, Esq., Warner Norcross & Judd, L.L.P., Fifth Third Building, 111 Lyon Street N.W., Suite 900, Grand Rapids, Michigan 49503. 1 am representing Walgreens. I was before you guys for four other properties, which you approved three and one was too close to a school. Again, we're coming back for the sale of a limited amount of space of beer and wine, less than one percent of our floor space for a limited amount of beer and wine, small packages, 6 packs, 12 packs, 18 packs, nothing bigger than that. It's not really a major deviation from the use already at the store. It's really in response to customer requests for beer and wine at our stores, and Walgreens has decided that, in response to our customers' requests, we were going to try to offer a limited amount of beer and wine to satisfy those requests. We're just asking that you grant this approval understanding that we would need a waiver from the City Council for the proximity to the other SDM, Rile Aid, I believe. Cored? Mr. Wilshaw: Yes. January 26, 2010 25195 Mr. Jones: If you have any questions, I'll be happy to answer them now. Mr. Wilshaw: Thank you, Mr. Jones. Does anybody have any questions? Hearing nothing, is there anybody in the audience that would like to speak for or against this petition? Seeing no one, I will close the public hearing, and a motion would be in order. On a motion by Scheel, seconded by Taylor, and adopted, it was #01-03-2010 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January 26, 2010, on Petition 2009-12-02-18 submitted by Walgreen Company requesting waiver use approval to utilize an SDM license (sale of packaged beer and wine) in connection with a retail facility at 17001 Newburgh Road, located on the west side of Newburgh Road between Mallory Drive and Six Mile Road in the Northeast 1/4 of Section 18, which properly is zoned G7, the Planning Commission does hereby recommend to the City Council that Petition 2009-12-02-18 be approved subject to the following condition: That the use of an SDM license at this location shall be permitted only under the circumstances that the Zoning Ordinance standard set forth in Section 10.03(8)(1) requiring that there be at least a 500 foot separation between SDM licensed establishments is waived by the City Council. Subject to the preceding condition, this petition is approved for the following reasons: 1. That the proposal would not be in conflict with the special waiver use standards and requirements as set forth in Section 11.03 of the Zoning Ordinance #543, provided that the separation requirement of Sections 11.03(8)(1) is waived by the City Council; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the use of an SDM license will complement the existing use of the subject property and will provide an additional service to customers. 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. January 26, 2010 25196 A roll call vole on the foregoing resolution resulted in the following: AYES: Scheel, Taylor, McDermott, Vartoogian, Smiley NAYES: Wilshaw ABSTAIN: None ABSENT: Morrow Mr. Wilshaw, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 PETITION 2009-12-02-19 WALGREEN COMPANY Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 12-02-19 submitted by Walgreen Company requesting waiver use approval to utilize an SDM license (sale of packaged beer and wine) in connection with a retail facility at 29200 Six Mile Road, located on the northeast corner of Six Mile Road and Middlebell Road in the Southwest 1/4 of Section 12. NOTE: Item #4 has been removed from the agenda at the request of the petitioner. ITEM #5 PETITION 2009-12-02-20 LAS PALAPAS Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 12-02-20 submitted by Las Palapas, L.L.C. requesting waiver use approval to operate a full service restaurant at 33302 Plymouth Road within the Fountain Park Plaza shopping center, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27. 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. Wilshaw: Is there any correspondence? Mr. Miller: There are five items of correspondence. The first item is from the Engineering Division, dated January 12, 2010, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. The legal description submitted is incomect. The start of the legal January 26, 2010 25197 description should be changed to read as follows: Part of the Southwest''/. of Section 27, T. 1S., R.9E., City of Livonia, Wayne County, Michigan described as beginning, N 00971'12" E, 60.01 feet, thence S 8913'14" E, 60.01 feet, to a point on the north right-of-way line of Plymouth Rd thence S 890 13'14" E, along said right-of-way line of Plymouth Rd, 311.89 feet to the POINT OF BEGINNING. In addition, there is a typographical error that should read. thence S 7211'33" E, 14.64 feet. The address according to our records is 33302 Plymouth Road, not 33308 Plymouth Road. If an address change is requested, we require an address request on the property owner's letterhead to start proceedings." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 14, 2010, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a full service restaurant in the existing building on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Donald F. Donnelley, Fire Marshal. The third letter is from the Division of Police, dated January 4, 2010, which reads as follows: "We have reviewed the plans in connection with Las Palapas Restaurant located at 33308 Plymouth. 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 January 12, 2010, which reads as follows: "Pursuant to your request of December 23, 2009, the above -referenced petition has been reviewed. The following is noted. (1) The petitioner shows a proposed 10 seats at the bar where only 6 are calculated under occupant load. This would change the proposed occupant load to 120. (2) This petition is a change of use and would require that the building meet all cunent Michigan Building Codes including the Michigan Barrier Free Code. This will be addressed further at the time of our plan review if this project moves forward. (3) This proposed use requires that the building shall be supplied with an automatic sprinkler system per the cunent Michigan Building Code. This will be addressed further at the time of our plan review if this project moves forward. (4) A barrier free van accessible parking space is required and shall be properly sized, signed and striped. (5) Dumpster wall located on north side of the building is in need of repair. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. The fifth letter is from the Plymouth Road Development Authority, dated January 22, 2010, which reads as follows: At the 2140 Regular Meeting of the Plymouth Road Development Authority of the City of Livonia January 26, 2010 25198 held on January 21, 2010, the following resolution was unanimously adopted. #2010-02 RESOLVED, that the Plymouth Road Development Authority does hereby support the proposed plans as presented by Las Palapas, L.L.C. to operate a full service restaurant with a Class C liquor license at 33308 Plymouth Road within the Fountain Park Plaza shopping center, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27, subject to compliance with all City codes and ordinances, as such may be modified by the action of the Planning Commission and/or City Council." The letter is signed by John J. Nagy, Executive Director. That is the extent of the correspondence. Mr. Wlshaw: Are there any questions for the Planning Department? Seeing none, we can go to the petitioner. Please come forward. As we start at the beginning of this, there are two separate petitions. There is the waiver use for the restaurant and also the Class C Liquor License. We're going to have two separate votes on those two items, but for the sake of discussion, we will talk about them together as a package. Sir, if you'd like to give your name and address. Agustin Ochoa, Las Palapas, L.L.C., 14172 Arlene Lane, Belleville, Michigan 48111. I'm representing Las Palapas, which if you want to know what it means, it means little tiki hut. A lot of people asked what d meant. Basically, what we want to be is a full service Mexican restaurant. We want to serve really good, fresh Mexican food. We want to give the people in Livonia a new option to come out and eat. I think the City of Livonia is a great city. That's why we want to be in the city. It's the center of everywhere. We want to make sure the residents no longer have to drive 30 minutes to go to Detroit to get good Mexican food. We want them to come to us. All right? I know that we have a bar area. We dont want a bar. I never wanted to own a bar. Our business hours on the weekends are from 11:00 a.m. to 11:00 p.m., and then from 11:00 a.m. until 10:00 p.m. on the weekdays, and 9:00 p.m. on Sundays. Obviously those aren't bar hours. I know we have bars close to us. That's great. We actually have a little Mexican bar within a quarter of mile away from us. We're not here to put them out of business. I think what they're doing is great. We're something completely different. We're a family restaurant. Yes, we do want to serve drinks. You're in politics. It's not a stressful job, right? You know what I mean? Mr. Wilshaw: Fortunately, we're not elected politicians January 26, 2010 25199 Mr. Ochoa: I'm sorry. Anyways, I'm sure you guys want to have a drink after work. I want you to come to me, have a drink, but at the same time you're silting at the bar having a drink, I want that table right behind you with the two and three year olds to feel comfortable. I want you guys to come out with your families and celebrate Cinco de Mayo or grandma's birthday. You know what I mean. I know we don't have that option, at lead not if you want Mexican food, not here in the city of Livonia. I think I can provide that. That's why we're requesting that you guys approve our Mexican restaurant. Mr. W Ishaw: Okay. And your Iasi name is Ochoa? Mr. Ochoa: Yes. Mr. Wlshaw: Okay. Thank you, sir. I appreciate that. Are there any questions? Mr. Taylor: How long have you been in business in Ypsilanti? Mr. Ochoa: The restaurant in Ypsilanti is managed by my brother who would be coming along also over here and managing that restaurant. People over at Planning, they asked if there were any other similar restaurant in the area because they wondered what we were going to be like. I told them you're more than welcome to go there. I don't know if any of you guys had a chance to go there or not. You're suppose to ask for my brother so we can hook you up on the bill. I don't think anybody did. Ms. Smiley: We cant do that Mr. Ochoa: But basically, when you guys walked in there, I'm sure you guys know what it is, well I'm in Mexico. I know its snowing outside, but in here its really nice. It's tropical. I'm on vacation. I'm here to have a good meal and a good drink in a good family atmosphere. If you guys went there, I'm sure that you noticed that. That's exactly what we want to provide. Our menu is very similar to theirs, a few things a little bit better because they're my grandma's recipes and I just think they're better. I know they're better. Like I said, that's what we want to provide. Whatever you see in there, is just a little bit better with us, better service I believe. Mr. Taylor: Most Mexican restaurants really serve Margaritas, Mexican beer, those are the kind of drinks that most people normally have when they go for Mexican food. So that's pretty much what you would be serving, more or less? January 26, 2010 25200 Mr. Ochoa: That is correct. I believe we're going to have three beers on draft, and that is Dos Equix, a very popular Mexican beer, Miller Light and I believe Budweiser. We're not a bar, like I said. Our thing is, I want you to come to us to get some good food and have a Margarita with it. I don't intent to have some drunks leaving my place at 2:00 a.m. in the morning. I have a family to gel to. We close at 11:00 p.m. on the weekends. We do some cleaning and we go home. Mr. Taylor: So your brother is in the business but you're not in the business? Mr. Ochoa: No, I'm not. Mr. Taylor: You're going into the business. Mr. Ochoa: Yes, sir. Mr. Taylor: You're going to have him come over and help you out? Mr. Ochoa: Yes, he will be managing the whole restaurant for me. He's been doing it over there successfully for five years. They were voted number one Mexican restaurant in the whole Washlenaw County. Mr. Taylor: Is he going to close that restaurant or keep it open? Mr. Ochoa: No, he's just the manager over there. He would just be coming over here to work for me. Mr. Taylor: Thankyou. Ms. Smiley: That was my question, dyou were going to close La Fuentes? Mr. Ochoa: No. Ms. Smiley: Okay. Thank you. Mr. Wlshaw: Anybody else? Mr. Taormina: Can we confine your hours of operation? Mr. Ochoa: Yes, it would be from 11:00 a.m. until 10:00 p.m. Monday through Thursday, until 11:00 p.m. Friday and Saturday, and 9:00 p.m. on Sunday. Mr. Taormina: Thankyou. January 26, 2010 25201 Mr. Wilshaw: Thank you, Mr. Ochoa. We'll gel comments from the audience next. If there is anybody in the audience that wishes to speak for or against this item, please come forward. You can come to either podium and give us your name and address. Mr. Martin is first. Christopher Martin, 12275 Inkster Road, Livonia, Michigan 48150. I was at the Plymouth Road Development Authority Iasi Thursday when they had that meeting and the pefifioner was there. I saw the plan. No one has mentioned it, but currently that's a vacant building on the north side of Plymouth Road. The restaurant business is a very difficult one especially in this economy, but I'd rather have someone in there than a vacant building. So the guy should be congratulated that he's spending his time and money to try to make a difference in the city. As far as him convincing City Council to change their watering hole to his establishment, that would be difficult, I think. I'd like to see six voles on this. You would be sending a message also that you're in favor of people coming in, investing their money, and helping the city. Mr. Wilshaw: Thank you, Mr. Martin. Raymond Grix, 11716 Farmington Road, Livonia, Michigan 48150. I'm a resident of the Fountain Park condominium complex. Point one to the petitioner's suggestion that you have to drive to Detroit to get Mexican food, there is currently and has recently opened on Plymouth Road, Zorrilos Mexi' Cantina, which is about half a mile east of this location, a family friendly restaurant and sports bar. So you've already got your bar. Secondly, the Fountain Park plaza, the existing businesses, there is already a full service restaurant, the former Honey Tree, now Red Olive; Jimmy John's Sandwich Shop, and the Biggby Coffee. None of those are open after 9:00 p.m. in the evening by the way. The proximity of the location of the residential complex, I feel, is a reason to deny the liquor license. The access road at the rear of the building between the building and the residential complex is at most 30 to 50 feet wide. There is no buffer for noise, traffic. That access road is already used by business, banks and all of the other businesses there. We have enough traffic up and down there now. I feel that puffing in this restaurant, I don't see it as being necessary with what's already there. I don't see it as being conducive to properly values for us residents of the condominium complex if you've got a bar and restaurantthat close to residential property. Thankyou. Mr. Wilshaw: Thank you, sir January 26, 2010 25202 Melissa Gratz, 11754 Farmington Road, Livonia, Michigan 48150. That is in the Fountain Park condominiums. My driveway is directly behind where this building stands and where the proposed restaurant would be going in. I do have a couple concerns regarding this. One being that only a portion of the building that's currently there is going to be occupied, which leaves more space for yet another business to come in there. So yes, there may be ample parking now, but I don't know if you're laking into consideration that ample parking, yes, there was ample parking when that building was occupied by one business, that being a pet store, with just constant traffic of people just coming to buy their pet food and leave. My driveway backs up to that access street right behind the building. There isn't enough parking in that front lot and that's why we get cars parking to patronize the strip mall on the side street. So with there being another full service restaurant going into that location, we are going to be increasing the number of people that are going to be there at any given time. So my fear is not only will there be not enough parking in the front, but that it will begin to overflow right to my driveway in the back. Secondly, with a liquor license, I'm fearful of that. I don't want to live next to a bar. I know they say it wont be a bar, but if you're serving alcoholic beverages, you are a bar, and I live right behind there. There's already enough activity back there that goes on after hours. That's why, as a complex, we had flood lights installed at the rear of our buildings so that we could watch kind of what goes on back there. So to have an establishment that close to my home serving alcohol does not make me excited to see what more will go on back there. We already have parking for Slingers, people that park and drink back there right now. It's nothing against that bar, but they're not on our property at lead. Thirdly, I lost what I was going to say. I do ask you to consider that. I know that per the formula, there's ample parking, but even going there during noon on a busy work day, I park in my driveway to go to Jimmy John's because there's not parking in the front, and that building is vacant right now. I am concerned about people parking behind there. I am concerned about a liquor license. I know that there are some things that would need to be approved with that right now, so I would say even more so, putting the liquor license aside that we do have parking problems over there and being a resident living behind there and having very, very respectful and not saying that you wouldn't be respectful by any means, but we are a community and I just urge you to think about that. Thank you. Mr. Wilshaw: Thank you, ma'am, and as you know, since we do have two separate petitions here, there's a possibility that the restaurant may be approved without the liquor license, or they might both January 26, 2010 25203 be approved or they both may be denied. So there's a lot of options available to us tonight. Ms. Gratz: Right, and I do understand and that's why I said, I would set the liquor licensing aside because even more so, even if they were coming in not asking to have their liquor license, I still would be at this meeting because, I remember what I was going to say. The businesses, as Mr. Grix pointed out, do close by 9:00 p.m. at most 10:00 p.m. back there. So we would be extending the closing time of a business by another hour and by the time you clean up and employees leave, we are looking at closer to midnight. So that was something else to lake into consideration. Mr. Wlshaw: I appreciate it. Thank you. Would anybody else like to speak for or against this petition? Good evening. Nauseda Clinton, 11704 Farmington Road, Livonia, Michigan 48150. 1 as well live in the Fountain Park condos, so my front door would be kind of kitty corner to the back of the new establishment. I'm very concerned about the parking as well. I can't see where there'd be enough parking. My front door, that little street right there, my front door is just right there, and there's so much traffic, semi -trucks parking. It's just very busy. Its already very noisy from Slingers. I do feel like a liquor license, it would be basically living behind a bar. I dont want to live behind a bar. Its already gotten, gosh, I moved in 2005. None of that was there when I moved in. I've lived in Livonia my entire life. I grew up in Livonia. I love Livonia, so when I got married I convinced my husband to slay in Livonia. It's just a very busy, busy area already. People are parking on my comer. People, like Melissa said, from Slingers, it's overlapping everywhere. People are just parking everywhere and I do feel like that would be more or less of a bar. I'm not excited about the liquor license, and I as well would probably still have come even if there wasn't a liquor license involved because, again, they're only using part of that. That's really all I have to say. Mr. Wilshaw: Thank you. Good evening. Stacey Riffle, 11712 Farmington Road, Livonia, Michigan 48150. Good evening. I too live in the Fountain Park condominiums right behind this establishment. I don't have anything new to add from what my neighbors have already staled, but I do support them because I think parking is the biggest issue. I did want to come say this because if this were to go in, there would be two full service restaurants there both with the same peak hours. Again, that overflow would come over to our condominium complex. So January 26, 2010 25204 that's one. The other thing is, as was mentioned, the delivery trucks because they're restaurants, a lot of the delivery trucks come before opening hours. So those trucks block the access road that's already a narrow road as Mr. Grix had mentioned. So getting through there in the morning to go to work, that's cause for concern. In addition, if they were to gel the liquor license, as he mentioned with Slingers right there, I'm actually a little surprised that the police would approve of this. Because of that other bar, we've actually called the police to our residence on a couple of occasions because of overflow from that bar with noise and drinking behind, parking. That's my fear that this would be the same typical situation that we see with Slingers. So I'm asking that this not be approved to go in there. Mr. Wilshaw: Okay. Thank you very much Autumn Dubies, 11754 Farmington Road, Livonia, Michigan 48150. Also, I'm in agreement with what my neighbors said about the parking. I'm very concerned about that. Also, the owners of the Red Olive, which on the weekends slay open until 10:00 p.m., they have come over and they are community members of ours. They make sure that when their employees park behind the restaurant, which backs up to my driveway, they're not allowed to loiter, which they do not. They leave exactly when their shift is over. We don't have any problems with any suspicious activity going on back there, and I fear for adding more people, adding more employees would cause a little bit of more loitering back there and not really being compliant with everything. Mr. Wilshaw: Okay. Thank you Jad Sayah, 11764 Farmington Road, Livonia, Michigan 48150. 1 also live in the Fountain Park condominiums, but I also own and operate the Red Olive restaurant, formerly known as the Honey Tree. My concern is, we stood here about three years ago to get approval to operate there. I think we were the third establishment to open in that plaza. One of the biggest concerns to get approval was the parking. Luckily, you guys did approve it and we said we'd be a full service restaurant. We've been in business 30 years, being that would be a good complement to Livonia. So we opened and, unfortunately, the petfood place and Slucchi's ice cream could not make it due to economy reasons. Up until while they were operating, a big concern, I mean, if it's anybody who knows, I'm working there seven days a week. One of the biggest concerns for my customers was parking. In fact, I live right behind the restaurant and I have my employees parking in my driveway to free up the spaces for the customers. One of the things I was told by our landlord, that the parking behind the January 26, 2010 25205 restaurant is strictly for the plaza. And then after we went there, we had some residents come and say nope. That was supposed to be shared. I thought maybe that's not correct up until I became a resident there and I did read the bylaws. The parking is supposed to be shared between both. That's one of my biggest concerns. Once I heard the rumor about the restaurant going in there, I set up a meeting with the Property Manager. I said to him, that's one of my concerns as far as the parking has been a problem before, and now that the two places are out of business, it seemed to settle down a little. Its not as bad. If this place does open and parking is a problem, what are your options to help out? I mean, you know, us being tenants there for over three years, and we also own four other restaurants on their properties, one in Commerce, Rochester and Clawson. I told him, we've been tenants for you for quite a few years. Wouldn't you try to accommodate whoever's been here for a while to try and help him out? I did not get a response to any of that. Parking did become a problem. There was no solution to it. Another concern was, to put a full service restaurant there, which we already are there, as far as business -wise. You drive up and down Plymouth Road, within a quarter mile, I've done it. You can count over 30 restaurants, Mexican, Polish, coney islands, fast food. I mean, in the plaza only, we have four places that serve food. I would be very happy, as being a young guy myself, starting a new business. I'd be very happy if someone is successful, but I like to think about the long run. In the family, we've been in business for 30 years, and there's things you got to think about before you go in there and you put your whole life savings. That's what I did. It was a big gamble to open there and luckily everything has been well. Another concern, as far as the trash, it's a trash compactor. Up until a certain point, it slops pushing the trash. We've had many limes where the people will not come on time to empty the trash. Some of the other places put their trash out. Many limes, I've told my employees to put the trash in my pickup truck and I have to drive it to a different restaurant because I would not want to leave my trash overnight. We have the woods there. I don't know if there are rats or not, but with trash being outside, the bag being vulnerable, anything can come there. My biggest concern would be the parking. If it does become a problem, I would like to know what the solution would be. Another concern as far as the liquor license, I did not realize how bad it was until I moved there and I am a resident there. As far as from Slingers, I myself have called a few times to the Livonia Police and a lot of them do come in and eat there, and I've asked them, a lot of my night shift gids are between the ages 16 to 20. They're young girls. Would you please keep an eye on them? We do have to look out for their protection. Many January 26, 2010 25206 time I've walked out my back door, I've seen people from the bar there, sitting there, drinking, throwing cans everywhere, which I have to dean up myself and my staff. In fact, not even a month ago, I forgot something at the restaurant. I was walking from my residence to the restaurant and I found a drunk teenager that was sleeping next to Jimmy John's. I had to call the police and its probably on file. And for the concerns of the residents, I personally installed security surveillance cameras on the back of the building to keep it safe for everyone. I just ask you to do the right thing, think about the long run. I understand R would be nice to bring an extra business, but again, just do what's right. Mr. Wilshaw: Thank you, sir. I appreciate it. Is there anybody else that would like to speak for or against this petition? David Lord, A. F. Jonna Development, 4036 Telegraph Road, Suite 201, Bloomfield, Michigan 48302. We own the shopping center, Fountain Park Plaza. I did meet with the owners. I'm in a very difficult position in that we have a valued relationship with one of our tenants who just spoke to you. Not only, as he mentioned, he's a tenant of ours at this center, they are at a total of four other properties of ours. So again, we value that relationship. I'm in a difficult position in that I disagree with the opinion relative to parking. The Planning Department is acutely aware of parking. They have a parking ordinance. They've assessed the situation, and I really defer to their professional opinion in lhatthere is adequate parking to service the center. I'm sorryto hear that the residents have problems with Slingers, and I wish for the sake of the community that the police could maybe be more attentive to those concerns of the residents. But again, I have a prospective tenant who is very excited about the opportunity to open up a Mexican restaurant with a beer and wine license. Likewise, as spoken by the prospective tenant, I don't feel that its going to be a bar atmosphere at all. It's going to be a Mexican restaurant that's going to bring people out to enjoy an authentic Mexican meal, and at the same time have the opportunity with the liquor license to have a beer, to have a Margarita or what have you. I'd be happy to answer any questions that you might have. Again, I look for your support, and I'm very excited to have our prospective tenant willing to come into the community and invest a significant amount of money to be here. Thank you. Mr. Wilshaw: Thank you, Mr. Lord. Does anyone have any questions for him? Mr. Taylor: Do you have a full time manager at that complex? January 26, 2010 25207 Mr. Lord: Yes, we do. Mr. Taylor: Does he pretty well look at the back as far as clean up and those types of things? That's one of the problems I know the neighbors have had in the past. Mr. Lord: We try to be very attentive to all of our properties and keep a clean environment and maintain our properties as well as we can. With that said, is there going to be a periodic call? I don't care what community you're in, what center you're at, you know, you can't control someone throwing something out their car windows be it patrons of any one of the businesses at the center or not. But we do send a maintenance staff on fool to patrol. We found that sweeping the parking lots was not an effective way to keep a clean environment. So we send people actually on fool. The sweepers, we found that the guys just ride their machines around and won't gel off the seal to pick up a newspaper if its in the bushes. That's why we physically send a maintenance staff to pick up by hand. Mr. Taylor: I haven't been there in the back of those buildings for a while. Do we have lighting back there? Mr. Lord: There is ... Mr. Wilshaw: If you want to come forward, you can address that issue. It sounds like there's some lighting at the back of the building. Ms. Gratz: There is low lighting. There used to be lighting with Walgreens. The lighting for the Dollar Tree is on, I believe, a timer. It goes out at night. Understandably, so it doesn't shine into the residents' windows, but the lighting on the back of the strip mall is very low. Again, that's why we as a condo complex installed the flood lighting to aim at the retail on our buildings. Mr. Taylor: So is it well lit back there is what I'm getting al? Ms. Gratz: The two comers where the flood lights are that actually, depending on where they're pointing, then its lit, but if those lights were not there, the light is very dim. Is there adequate lighting? I don't know what adequate lighting would be. Mr. Taylor: Well, our police department says the biggest thing to deter those types of things where people are drinking back there, if it's dark, they're going to hide back there. If there's a lot of light back there, they're probably not going to do it. Mr. Wilshaw: Yes, I think there is a "left turn only" sign out of the bank Mr. Taormina: Correct. That's what it was. January 26, 2010 25208 Ms. Gratz: I would say that the lighting is only as adequate as Jimmy John's has been broken into twice and Borics once. So I would say it's not deterring much. Mr. Taylor: Sir, do you think you could put more lights back there for us, more lighting? Mr. Lord: I don't know specifically if we add lights, if we increase the voltage. It's certainly something I'm willing to entertain. I'd like to strategize with Planning as far as their recommendation. If you personally have some idea as to what, I'd be happy to entertain it. Mr. Taylor: Well, Planning knows what type of lighting goes back there. It focuses down on the street. It doesn't shine into the condos back there. So that would be the type of lighting that we would need. My next question would be to Mark, through the Chair. The parking back there, is there no parking signs or temporary parking signs? What type of signs are there, if there's any? Mr. Taormina: I'm not sure that there are any signs posted relative to the parking along the rear of the retail building. The parking all together for the residential and the commercial portions of Fountain Park were figured collectively. It was originally planned to have shared access and parking between the various businesses. So available parking at the rear of the commercial could be available for residents and could also be used for patrons of the stores and employees. However, if something else was worked out ultimately in the Master Deed and between the owners, I'm not aware of that. That must have been drafted separately. But I'm not sure that it's posted in any way. It may be that the commercial businesses respect the fact that the parking is reserved for the residents. Mr. Taylor: The east driveway coming in, is there any break through to the bank parking lot? Mr. Taormina: I think there is a cross connect between the two. That was an issue that was raised at the time that the Fifth Third Bank was being planned and developed and that was that they would post that driveway to prevent drive-through traffic from cutting through to Farmington Road. I believe there are signs posted along that access drive. I know there was at one time. Mr. Wilshaw: Yes, I think there is a "left turn only" sign out of the bank Mr. Taormina: Correct. That's what it was. January 26, 2010 25209 Mr. Taylor: Thankyou. Ms. Gratz: I wanted to address one more thing. I am asking for you to not misunderstand. We enjoy your retail location being at that place. As a complex, we don't necessarily have an issue with your retail location. We are loyal patrons to most if not all of those retail locations. But I do bring up the parking one more time because being in such close proximity and getting to know almost all of the employees that do work in that strip mall, I do know that the Red Olive employees park partially either in Jad's driveway or in the front to not take up all of the back spaces for residents. The Biggby Coffee employees park in the Dollar Tree, and so therefore if Red Olive is parking where they can, and Biggby is parking at the Dollar Tree, what parking does that leave? If they're already opening up the parking lot for their customers ... with all of the employees parking off the retail campus, where will Las Palapas employees park off campus? Mr. Wilshaw: I understand. Ms. Gratz: TCF Bank, my driveway. Mr. Wlshaw: All right. Thank you. Mr. Taylor: Mark, maybe you could explain again how we calculate our parking as far as how the stores go and the sealing and all those types of things. Mr. Taormina: We have two standards, both of which are based on the floor area of the stores. For those retail centers that do not have many restaurants, we allow them to use a ratio of one space for every 150 square feet of useable floor area. For those centers that anticipate lasing more than 15 percent of the space to restaurants and other places of assembly, we allow them to provide the parking at a ratio of 1:125. That way parking, at lead on paper, is not an issue. They can have any percentage of those retail areas occupied by restaurants. From a practical standpoint, there are those centers where they lease out a significant portion of space to restaurants or maybe even one very successful restaurant. Again, this is just a rule of thumb that we utilize. I've been to that center many times. I've never seen the lot completely full to the point where you have go elsewhere to find parking. That's not to say that its never happened. While it complies with the ordinance, it's also the responsibility of the landlord to make sure that his tenants and those patrons of his tenants are not inconvenienced by a lack of parking. So they have to lake a look at it very closely as well, January 26, 2010 25210 but they would not need a variance for parking. As I indicated, it meets our requirement. Mr. Taylor: Then the question comes up, if they develop this piece of property and a restaurant happens to be approved, what about next door? What would happen next door? Mr. Taormina: Next door in that space, that can be occupied by any kind of retail, any general retail business could go in there. If it was proposed to be a restaurant, then they would have to come back before this body for approval. Mr. Taylor: Thankyou. Mr. Taormina: This waiver use would only apply to the 3,000 square feet of retail Building B. It would not apply to the entire building; only to the westerly two-thirds of that building. Mr. Taylor: Whoever went in next to the east would have to come back if it were a restaurant or unless it met the requirements of the ordinance or what was going in. Mr. Taormina: Correct. Mr. Wlshaw: Thank you, Mr. Taylor. Ms. Scheel: Mr. Taormina, I have a question. The residents that have spoken have referred to a bar a couple limes. Is this the bar that's across Farmington Road? Mr. Taormina: Yes. This is the former Windjammers, and then after that it was P.Y. Stix. Ms. Scheel: Okay. So it's the one across from Farmington Road? Mr. Taormina: Correct. Cheryl Doelker, Jimmy John's. I live in Livonia at 19369 Fairlane Court. A lot of banter has gone around about parking, and I don't mean to beat a dead horse, but the reality of the situation there is we can talk about ordinances as so many square feet. I did a count of the parking spaces. There are approximately 100 spaces, that includes the shared parking behind the facility. I have 12 employees at lunch time. How many do you have? Mr. Sayah: Twenlylhree. January 26, 2010 25211 Ms. Doelker: Twenty three employees at lunchtime. I don't know what the rest of the people in the Plaza have. There's a substantial lack of parking there in terms of, maybe we don't see it completely full. There's good reason for that because as we've identified, we've got our employees dispersed parking different places. Moving forward, what happens next? How many employees are being projected for the proposed restaurant? There's at least two vacant spaces in there now, a third one would be the portion of the building left yet to be developed. Where do we go, and in the event that parking does become a problem if this resolution moves forward, what's the answer for us then? That's a scary piece because if parking is bad, I can tell you, I have another establishment in Livonia where parking is atrocious. All businesses suffer then. So its a win, or it's a lose for everybody. So I urge you to consider parking big time regardless of what the ordinance says. Mr. Taylor: Petitioners come to the Planning Commission or the Council and say, well, how many employees do you have? Well, we only have four employees. Now we have 12 employees. We have 35 employees. It sure changes. Its very strange. Thank you. Ms. Doelker: Mine didn't change. Ms. Smiley: Where is your other Jimmy John's at? Ms. Doelker: I have two more in Livonia. Six and Newburgh and one at Eight and Farmington. Ms. Smiley: Okay. And the parking isn't adequate at either of those? Ms. Doelker: Six and Newburgh is fine. Eight and Farmington is awful, dangerously awful. Mr. Wlshaw: Thank you, Ms. Doelker. Sir, you've had a chance to speak already. If you want to give the gentleman behind an opportunity to speak. Bryan Riffle, 11712 Farmington Road, Livonia, Michigan 48150. 1 just wanted to address parking again. There's inadequate parking enough that the city officials have been parking in the fire lane and going into the Biggby Coffee. I just wanted you to know that because that's obviously an issue if they cant do it. If there's a house fire and this fire lane is blocked? What's going to happen then? Mr. Wilshaw: Do you think they're doing it out of convenience because it's right next to the building or the entrance as opposed to ... January 26, 2010 25212 Mr. Riffle: Its a spot and they can get there Mr. Wlshaw: Part of the concern, loo, especially of fire officials is that they don't want to gel trapped in a space where they can't get their vehicle out if they need to run out for an emergency. Mr. Riffle: Those are very narrow streets, is my big concern. Mr. Wilshaw: I understand. Mr. Riffle: And then safely again. Nobody slops al the slop signs. There's more traffic. There you go. They're just loo fast. Mr. Wilshaw: Okay. Anything else, Mr. Riffle? Mr. Riffle : No, sir. Thank you. Mr. Sayah: I do understand the Planning Commission. Depending on the square footage, how many spaces the place is allowed. We have a location on Five Mile and Beck Road. The landlord is Soave, and when we first went in and they said, depending on the size that you have, how many seals you have, this is how much parking you're allowed. On paper, it looks fine. But when you think about it, if I have a table of five people that work together, or if they don't work together they're meeting there, does that mean all five people are coming in one car? There could be five cars. It doesn't mean if you have one table of five people, they're going to take one spot. You're looking at five spots. If it looks good on paper, I understand. We were up here three years ago fighting the same thing. On paper, it looks good but being there seven days a week, you're in the concerns of the customers. Your opinion changes. Like Jimmy John's said, if one business suffers from parking, they all suffer and then we all sit there and point the finger at each other. Your customer is parking in front of my place, mine is parking in front of yours. Tell them to slay there. We start putting up signs. I just don't want to end up with that problem. Mr. Wilshaw: Its a unique situation that parking is a problem anywhere in Livonia, because normally our parking ordinance is so demanding that most developers come to us saying that we're requiring too much parking. Apparently, that's not the case in this situation. Your development is doing very well. Sir, do you want to make one more comment? Mr. Grix: Again, coming back to the parking issue. Mr. Riffle just mentioned the fad city employees park in the fire lane next to January 26, 2010 25213 the Biggby. Patrons of the location park there to go in and out and they will park on both sides of that access road that comes in off of Plymouth. I come home 5:00, 6:00 in the evening and it's not unusual coming in off Plymouth Road, my driveway practically abuts that egress road off of Plymouth Road. It's not uncommon to have cars parked on that access road that are patronizing the coffee shop and being parked on both sides. Sunday morning, Saturday morning. They are constantly parking on both sides. Again, I'm in support of the fad that we've already got one full service restaurant. Again, I don't see a need for a second one. And as everybody has said, the parking situation has got to be taken into account in looking at the proposed use. Mr. Wilshaw: Thank you, sir. I think we all hear that loud and clear that parking is the main concern. Ms. Varloogian: I have a question for the pefitioner. I was wondering if you had considered moving to other locations in the city. Mr. Ochoa: You know what? That's actually why I came up here to speak. There were three things that I was looking for when I wanted to open a restaurant in Livonia. I want it to be on a busy street, which Plymouth Road is. I wanted the building to have adequate parking, and I wanted it to have good curb appeal for the type of restaurant that I want to open. I literally sal in that parking lot, parked my car, and sat there from 11:00 a.m. to about almost 2:00 p.m. sometimes listening to the radio looking at the parking lot just trying to figure out where most of the parking was concentrating and if it was really packed for lunch. I don't want to open a business somewhere where my customers aren't going to be able to park or they're going to have to walk half a mile or they're going to have to park at the bank or the Dollar Tree. Now, before I even picked up my phone and called A.F. Jonna to inquire about the building, I did that many days. I went there and I sal there and I just watched everything. I came back for dinner. And there's something very important that I think everybody should know. Yeah, we're mainly a lunch and dinner restaurant. I think the Red Olive is a great restaurant. I know they're more of a breakfast and lunch. I've sat there for dinner and I've seen the parking lot. If any of you guys have ever driven by there, you will see that there's definitely plenty of parking there, there definitely is. If you guys go there any time, you'll find a parking spot. I'll guarantee you that. You will not have a problem doing it. That's all I have to say. January 26, 2010 25214 Mr. W lshaw: That you Mr. Ochoa. You may want to slay up here for just a minute in case there's some additional questions. Ms. Scheel: I have a couple questions. Mr. Taormina, I wanted to find out if we were to go ahead and give this an approving resolution, would it be possible to have whoever the correct persons are in our department, along with the landlord, do a parking study so that the Council can have that information before this comes before Council if it gels approved to go there? Mr. Taormina: We could do spot check parking counts during the peak hours of operation, and report that to the Council as additional data if that's what you're suggesting. Yes, we could do that. Ms. Scheel: Okay. And then, an additional question I have is, a resident asked about deliveries, when deliveries would take place, what time. Mr. Ochoa: I can't give you a specific time. It all depends on our suppliers. We're mainly going to be dealing with Sysco. I don't tell them when to come deliver my goods. They give me a dale once I'm almost close to opening. They give me a dale and they will determine that. That's not something I have any control of. Ms. Scheel: Okay. Thank you. Ms. McDermott: I have a question and I'm not exactly sure. I think its working in conjunction with the landlord. It appears that there may already be a problem with the trash compactor being full and the pickup is not adequate. Could we get an extra pickup scheduled there since you're adding another restaurant and there may be obviously more trash? Mr. Lord: I would like to double check as far as the specific unit that's there. When we have a compactor, what it does is that it measures the capacity. It's supposed to send an automatic signal to dispatch to come pickup. So now, if that switch is not triggering, if there's some mechanical defect, that would be in my mind the only reason why there would be a particular problem. I'd be happy to send someone out on a service call to make sure its working effectively and there isn't any malfunction of that system. But do you follow me? When it gets to, I can't speak verbatim as to 90 percent, 95 percent, 85 percent, but it sends a signal as far as capacity is concerned, and it allows them ample time to get out there and dispose of the trash. Mr. Taylor: I don't mean the retail. I mean the persons who work at the retail establishment, have them park over there if this gentleman could make an arrangement to pay for so much parking. That way, it would eliminate some employees parking in the gentleman that owns the Red Olive in his yard or in his driveway if they had some place where they could park in the area. I mean, employees can walk a little ways. They do it at shopping centers, have them park way in the back. Mr. Taormina: There would be adequate space for a certain number of additional cars to park at the bank. Whether or not the bank January 26, 2010 25215 Ms. McDermott: Do you have experience with this company as to how quickly they respond even though the signal is sent? They do show up fairy quickly? Mr. Lord: Oh yes, absolutely. Again, if there's a malfunction, and I can't speak from a historical perspective, if there has been, to my knowledge for the past 3 - 4 years now, I haven't heard of any problems. So, again, I don't know of any problems. Ms. McDermott: Okay. I would request, as one Commissioner here, that you check with the tenants that are already there because if we have one gentleman already saying that he's loading the trash in his vehicle, there obviously must be some type of a problem. Mr. Lord: I would expect in a New York minute a call to be fired off to our office advising our properly manager that there is a problem and if we don't send someone out on a service call immediately, shame on us. We value our tenants. I don't want a disgruntled tenant who says, hey, look, this landlord is not responsive; the property is not maintained; I'm dissatisfied with the shopping center; and when my lease is up I'm out of here. On the contrary, we want our tenants to have a good environment, a safe environment, a longstanding relationship for years and years. So he will renew that lease when it expires and slay there and be a thriving business for the Livonia community. Ms. McDermott: Thank you. Ifs good to hear. Mr. Taylor: Just one more time to the property owner or manager. Is it possible, and Mark you might be able to answer this, is there more parking that needed at the bank because it's not usual to have employees park in another area. Mr. Taormina: While there are surplus spaces available al the bank, it's really a question of convenience. I don't think that those spaces are conveniently located for use by the retail. Mr. Taylor: I don't mean the retail. I mean the persons who work at the retail establishment, have them park over there if this gentleman could make an arrangement to pay for so much parking. That way, it would eliminate some employees parking in the gentleman that owns the Red Olive in his yard or in his driveway if they had some place where they could park in the area. I mean, employees can walk a little ways. They do it at shopping centers, have them park way in the back. Mr. Taormina: There would be adequate space for a certain number of additional cars to park at the bank. Whether or not the bank January 26, 2010 25216 would be willing to entertain that kind of an arrangement, I don't know. They could approach them on that. Mr. Taylor: What Ms. Scheel is saying, if we gave an approving resolution and they could come up with some other parking arrangement possibly, before it went to the Council, then maybe they could resolve it. Mr. Taormina: Iundersland Mr. Wilshaw: Thank you, Mr. Taylor. Anybody else? I do have one question for Mr. Ochoa if you don't mind. One of the things the residents talked about was the concern of your hours, you being open a little bit later than the other tenants in that space. We're talking about essentially an hour where you stay open until 11:00 p.m. on Friday and Saturday. Would you be willing to consider closing at 10:00 p.m. instead of 11:00 p.m. on those days? Mr. Ochoa: You know, that's not something that I can promise you right now. The type of restaurant that we want, its really no different from a Chili's environment, an Applebee's environment. The only difference is, we're not a big corporation. We're a family owned business. Other than that, it's about the same atmosphere. Like I said once before, I know they have a problem with Slingers. I believe that's probably an issue that they might need to take up with Slingers and bring it up to whoever's in charge of that over here at the City Hall. Like I said once again, I sat in the parking lot, many, many times. I feel that there is more than enough parking. Like I said, I don't want to sit here and try to bring my money into the City, make such a big investment, take such a high risk if my customers don't have a parking spot. Mr. Wlshaw: We're not talking about parking. We're talking about hours. I'm not concerned about the parking between 10:00 p.m. and 11:00 p.m. It's more so just the operation of your business and the disruption that it may have to the neighbors who are right behind you sleeping or whatever they may be doing. Is that one hour important to you? Mr. Ochoa: You know what? If it came down to I need to close at 10:00 p.m. along with everybody else to be able to be in the City of Livonia, that's something that I will consider. We generally don't get that many people for that extra hour. Most of the time what happens from 10:00 p.m. to 11:00 p.m., is if you have no tables, everybody starts cleaning everything, getting everything organized, so that by 11:00 p.m., not only is the restaurant January 26, 2010 25217 closed, but your kitchen is closed too and you're out the door and going home. Mr. Wilshaw: Right. Okay. The other question I had is, this is really the next petition, but we're kind of dealing with them at the same time. The liquor license. You're talking about a limited amount of liquor sales, limited to a handful of beers and Margaritas to complement your meals. How crifical is that to the operation of your business? Mr. Ochoa: If I do not have an approval on the liquor license, I do not want to own a Mexican restaurant in Livonia. I have many friends that have tried to open a Mexican restaurant of that size without a liquor license and it's just impossible. You have loo much overhead to just cover it up with food. You have to have that liquor to help you out. Like I said, I'm not going to sit there and push people to gel drunk. That's not what I want. I just want you to enjoy a good Margarita and beer with your meal. That's all. Mr. Wilshaw: Okay. I just wanted to know how important that was to you. Thank you. I appreciate that. Does anyone else have any questions? I will close the public hearing at this time. A motion would be in order for the waiver use. On a motion by Scheel, seconded by Taylor, and unanimously adopted, it was #01-04-2010 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January 26, 2010, on Petition 2009-12-02-20 submitted by Las Palapas, L.L.C. requesting waiver use approval to operate a full service restaurant at 33302 Plymouth Road within the Fountain Park Plaza shopping center, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27, which properly is zoned G2, the Planning Commission does hereby recommend to the City Council that Petition 2009-12-02-20 be approved subject to the following conditions: 1. That the maximum number of customer seats shall not exceed 94 seats; 2. That the petitioner shall correct to the Inspection Department's satisfaction the stipulations contained in the correspondence dated January 12, 2010; 3. That the outdoor storage of refuse shall be limited to the screened compactor area as shown on the approved site January 26, 2010 25218 plan for this commercial 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 separately submitted for review and approval by the Zoning Board of Appeals; 5. That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, 6. That the business shall close at 10:00 p.m.; 7. That over the next couple of weeks, the Planning Department shall conduct periodic parking counts during lunch and dinner peak hours of business, and report its findings to the City Council; and 8. That the petitioner and owner shall check the trash compactor to make sure it is working properly, and that the frequency of pickups be increased as needed in order to handle the additional trash generated by the restaurant. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and, 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Ms. Scheel: I'd also like to add the stipulation that we had stated regarding parking to have spot checks done and have a report sent to Council, and also what Ms. McDermott mentioned, regarding having the outdoor refuse checked. Thank you. January 26, 2010 25219 Mr. Taylor: If the maker of the motion wouldn't mind, I would like to add to it that the hours of operation be no later than 10:00 p.m. Mr. Wilshaw: Okay. So we have three additions to the motion. One is to have the Planning Department check parking, to check the refuse situation with the dumpster and compactor and then also limit the hours until 10:00 p.m. at night. Is there anything else? Is there any comments on this motion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. They will then conduct their meeting. So certainly the residents who are here and obviously the petitioner should go to that meeting and address their concerns. On a motion by Taylor, seconded by Vartoogian, and unanimously approved, it was #01-05-2010 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 2009-12-02-20 submitted by Las Palapas, L.L.C. requesting waiver use approval to operate a full service restaurant at 33302 Plymouth Road within the Fountain Park Plaza shopping center, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27. Mr. Wilshaw, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #6 PETMON 2009-12-02-22 LAS PALAPAS Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 12-02-22 submitted by Las Palapas, L.L.C. requesting waiver use approval to utilize a Class C liquor license (sale of beer, wine, and spirits for consumption on the premises) in connection with a full service restaurant at 33302 Plymouth Road within the Fountain Park Plaza shopping center, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27. Mr. Wilshaw: Is there any correspondence? January 26, 2010 25220 Mr. Miller: There are four items of correspondence. The first item is from the Division of Police, dated January 7, 2010, which reads as follows: "We have reviewed the plans in connection with Las Palapas Restaurant Class C license request, located at 33308 Plymouth Road (northeast comer of Plymouth and Farmington Roads). We have no objection or recommendations to the plans as submitted as long as they comply with all State laws, City ordinances, and stipulations and conditions set by the Traffic Bureau of the Police Department" The letter is signed by Donald E. Borieo, Sergeant, Special Services Bureau. The second letter is also from the Division of Police, dated January 4, 2010, which reads as follows: "We have reviewed the plans in connection with Las Palapas Restaurant located at 33308 Plymouth. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studt, Sergeant, Traffic Bureau. The third letter is from the Inspection Department, dated February 3, 2010, which reads as follows: "Pursuant to your request of January 12, 2010, 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 1,000 foot required may be waived by Council. (2) This license shall be subject to all final inspection approval 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. The fourth letter is from the Plymouth Road Development Author% dated January 22, 2010, which reads as follows: "At the 214 Regular Meeting of the Plymouth Road Development Authority of the City of Livonia held on January 21, 2010, the following resolution was unanimously adopted. #2010-02 RESOLVED, that the Plymouth Road Development Authority does hereby support the proposed plans as presented by Las Palapas, L.L.C. to operate a full service restaurant with a Class C liquor license at 33308 Plymouth Road within the Fountain Park Plaza shopping center, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27, subject to compliance with all City codes and ordinances, as such may be modified by the action of the Planning Commission and/or City Council." The letter is signed by John J. Nagy, Executive Director. That is the extent of the correspondence. Mr. Wilshaw: Thank you. We already had discussion on this item, but is there anything else that the Planning Staff would like to add on this? January 26, 2010 25221 Mr. Taormina: You may want to consider as a condition of any approving resolution that the Council consider limiting this waiver use to this petitioner only through an agreement. They've done that on a number of cases. The approval of the waiver use for the restaurant, for example, limits the hours of operation. Tying this to that particular proprietor, I think provides additional safely in the future in the event that he leaves. The waiver use would not be permissible unless under separate agreement with the City Council for that location. The waiver use would essentially be abandoned at that point. Mr. Wilshaw: Okay. That makes sense. Just so the audience understands what we're talking about, it's not unusual for a waiver use of liquor licenses, if an approving resolution is offered, to ask that they be limited to that particular proprietor so that in the event Mr. Ochoa's restaurant was not successful, that the place would not slay with a Class C liquor license. Someone else could not come in and just open up and start serving alcohol. Mr. Ochoa, do you have anything else you'd like to add regarding the liquor license? Agustin Ochoa, Las Palapas, L.L.C., 14172 Arlene Lane, Belleville, Michigan 48111. Not regarding the liquor license. I would like to ask for a seven day waiver though. Mr. Wilshaw: For just the liquor license? Mr. Ochoa: For both, the restaurant and the liquor license. Mr. Wilshaw: We will address that in just a moment. Ms. Vartoogian: Could you repeat what he just asked? Mr. Wilshaw: He asked to waive the seven days so he can go to Council quicker. Ms. Vartoogian: Okay. Mr. Wilshaw: Is there anything else anybody would like to add in regard to the liquor license? Please come forward. You already had a chance to speak to the issue, so please keep your comments reasonably brief. Nauseda Clinton, 11704 Farmington Road, Livonia, Michigan 48150. Again, I do live right there. When we bought our home, it was worth much more that what it is now already. Smolkng is going to be banned on the inside in the Stale of Michigan in May. I don't think I want a bunch of people hanging around smoking January 26, 2010 25222 cigarettes. I mean, I live there. I have a dog. I have to take my dog outside to use the bathroom. There are just trucks after trucks coming through there. It used to be quiet. I am just really opposed to this liquor license a lot. I can't see how it's going to be good for Livonia at all. With the reference to Slingers, again, that's not in my background. It is across the street but I've had people urinating in my bushes from that bar. People passed out. I live here. I pay taxes. I live here. I pay a very high mortgage where Ilive. My husband and I are both business people. That's why we chose to live in a condo. We work. I don't want to come home from work at the end of the day and then have all this, the liquor, smoking outside, loud. I can't see how that's good. And again, parking, I can't see where that's going to happen. It's a lot of traffic. It's a lot of noise. My front window, my front door, I walk outside and there I am right in the middle of it. I think the Red Olive, its a family owned restaurant. We do have dinner there so it's not just the lunch thing. We walk over there so I'm not taking spots. I'm sure you're familiar with the area. And I know Walmarl doesn't have anything to do with it, but oh my gosh. We just got like bombarded with so many things and it's so busy now and Plymouth Road, I mean it's just, I just really, really hope you can just turn down the liquor license completely. Again, that's my neighborhood. I live here. And I understand business. I understand we need to have business, but we have a restaurant, a full service restaurant, breakfast, lunch and dinner. We have a coffee shop. We have Jimmy John's. I think we're good. Bryan Riffle, 11712 Farmington Road Livonia, Michigan 48150. I'm not concerned about Slingers across the street or anything like that. I'm concerned about my backyard and my family and Las Palapas. I wish you luck. Dont get me wrong, but not in my backyard. Mr. Wilshaw: Seeing no other comments, I'll close the public hearing at this time. And a motion would be in order. Ms. Scheel: Mr. Taormina, if we do a seven day waiver, will that give enough time for a parking lot check to be done? Mr. Taormina: The voting meeting, should it progress to the 8th, would give us a little over a week to look at that. The Study session would be Monday, and then the voting meeting would be the following Wednesday, which would be the 8'. Ms. Scheel: Okay. Thank you very much. January 26, 2010 25223 Mr. Taylor: Then they have to wail until the Minutes are approved too, right? Mr. Taormina: For the action of the Council to be final, yes. Mr. Wilshaw: All we can do is speed up the process to the Council. Mr. Taylor: If this were a regular bar going in, that would be one question. I relate back to Harrison and Five Mile. There's a little Mexican restaurant there. It's got about a six seal bar, if I remember correctly, if you want to call that a bar. But it's a different type of people that go into those kinds of places. It's not what we call a bar bar, so to speak, and that's the reason why I don't see this as being quite as hazardous as they might think in the neighborhood. I understand the neighbors concern. They certainly have the right to have a concern, but I'm going to ask for an approving resolution. On a motion by Taylor, seconded by Varloogian, and unanimously adopted, it was #01-06-2010 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January 26, 2010, on Petition 2009-12-02-22 submitted by Las Palapas, L.L.C. requesting waiver use approval to utilize a Class C liquor license (sale of beer, wine, and spirits for consumption on the premises) in connection with a full service restaurant at 33302 Plymouth Road within the Fountain Park Plaza shopping center, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27, which properly is zoned G2, the Planning Commission does hereby recommend to the City Council that Petition 2009-12-02-22 be approved subject to the following conditions: 1. That the use of an 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; and 2. 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 the Michigan Liquor Control Commission. January 26, 2010 25224 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, 4. That the proposed Class C licensed establishment would be utilized primarily as a restaurant. 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. Ms. Smiley: Joe, do you want to tie the use of the waiver use? Mr. Taylor: Yes, please. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. We do have a request to waive the seven days on both motions. Would anybody like to offer that? On a motion by Taylor, seconded by Vartoogian, and unanimously approved, 0 was #01-07-2010 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 2009-12-02-22 submitted by Las Palapas, L.L.C. requesting waiver use approval to utilize a Class C liquor license (sale of beer, wine, and spirits for consumption on the premises) in connection with a full service restaurant at 33302 Plymouth Road within the Fountain Park Plaza shopping center, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27. Mr. Wilshaw, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. January 26, 2010 25225 ITEM #7 PETITION 2009-12-02-21 LEIDAL & HART Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 12-02-21 submitted by Laical & Hart Mason Contractors requesting waiver use approval to operate a contractors yard in a M-1 district at 12100 Globe, located on the east side of Globe Road between Plymouth Road and Amrhein Road in the Southwest 1/4 of Section 29. 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. Wilshaw: Is there any correspondence? Mr. Miller: There are four items of correspondence. The first item is from the Engineering Division, dated January 4, 2010, which reads as follows: 9n accordance with your request, the Engineering Division has reviewed the above referenced petition. The legal description as submitted, even though not worded exactly the same as our legal description on record, is comect. The address according to our records is 12100 Globe. As regards storm water, there is a large diameter public storm sewer, which runs in a north -south direction at the east end of the property. Due to the size of this parcel, any land changes which would result in a change in storm water runoff volume must be reviewed in advance by the Engineering Division." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 14, 2010, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a contractor's yard in a M-1 district in the existing building on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Donald F. Donnelley, Fire Marshal. The third letter is from the Division of Police, dated January 4, 2010, which reads as follows: We have reviewed the plans connection with Leidal & Hart Mason Contractors, located at 12100 Globe. 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 January 12, 2010, which reads as follows: "Pursuant to your request of January 12, 2010, the above -referenced petition has been reviewed. The following is noted. (1) All parking spaces are required to be 10' by 20' and double striped. All barrier free parking spaces are required to be property sized, signed and striped. (2) The proposed storage yard and drive shall be improved with six inches of concrete or plant -mixed asphalt If January 26, 2010 25226 this requirement is waived we would ask that the Planning Commission and/or Council consider having the petitioner provide a plan that can be monitored, to control any dust that may be generated from any non -paved areas. 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. Wilshaw: Are there any questions for the staff? Seeing none, would the petitioner please come forward? Brad Laical, Laical & Hart Mason Contractors, 32225 Schoolcraft, Livonia, Michigan 48150. Good evening. Laical & Hart has been a corporate citizen of Livonia for going on 53 years. Our current location on Schoolcraft for approximately 40 years. We're looking to move our operation to the Globe Street property. As such, we're asking for approval for a contractor's yard in order to support our operations there. Mr. W lshaw: Okay. Thank you. Are there any questions for the petitioner? Ms. Smiley: Were you the one who provided us with this dust control? Mr. Laical : Yes. We're planning on minimizing the dust there through use of calcium chloride, and we could do that by once or twice a year applying an application via truck with a pressurized spray bar on it. Ms. Smiley: Okay. But the front would be black lopped and striped? Mr. Laical : Exactly. What we would do is, around the drive area there, we would hit that with calcium chloride because that's where the majority of the dust would probably be generated from trucks coming in and out of the yard. Ms. Smiley: Okay. And I assume this means it's very effective. That's why you have this, right, in keeping the dust down? Mr. Laical : Yes. That was recommended to us as the most practical solution. Ms. Smiley: Thankyou. Mr. Wilshaw: I know that magnesium chloride is used for that often. I haven't heard calcium chloride being used for that, but I assume its a similar use. January 26, 2010 25227 Mr. Laical: Yes. Calcium chloride was what the contractor we inquired to, that's what they recommended. Mr. Wlshaw: Okay. Thank you. Ms. Vartoogian: Do you know what effect calcium chloride has on the environment? Mr. Laical : As far as I know, there would be very minimal effect, probably none, really. Ms. Vartoogian: Probably none, really. That's not loo convincing. Mr. Leidal: As far as I know, there would be no effect. Ms. Vartoogian: Okay. Thank you. Mr. Wlshaw: That's one thing I know. Magnesium chloride is environmentally friendly as well. It might be a product that you want to look into, see if there's not that much of a price difference. Mr. Laical : We would compare and we are familiar with using MSDS and evaluating materials, and that is something that we take into consideration. Mr. Wilshaw: If there are no other questions for the petitioner, we will go to the audience. Mr. Martin. Chnstoper Martin, 12275 Inkster Road, Livonia, Michigan 48150. Just a brief comment. Laical & Hart has been pretty nice to me the last couple summers. When they do a big job, your foreman out there, Wally, has let me come over and take some brick. Rather than throw it in a dumpster and pay to have it hauled off to some landfill, I had come over with my trailer and picked through some of that sluff. They load it up with a hi -Io. I look it back to my establishment on Inkster Road there. I have enough brick to eventually put a wall that's required between a G7 and an R-1 piece, but I own the residential property next to my business also. So all I have to do one day is convince myself to put up that brick wall. I appreciate them, though, and I know that a couple years ago they celebrated their 50th anniversary. I wish you would approve this. Mr. Wlshaw: Thank you for your comments. Mr. Laical : We have more brick. Come on by. January 26, 2010 25228 Mr. Martin: Yes, I figured you might be looking to get rid of some in your move over to Globe Street. Thank you. Mr. Wilshaw: Thank you. If there are no other comments from the audience. The petkioner, do you have any other things you'd like to add? Mr. Laical: No, I don't. Thank you very much for your consideration. Mr. Wilshaw: Okay. Any other questions from the Planning Commission? I'll go ahead and close the public hearing. A motion would be in order. On a motion by Scheel, seconded by Smiley, and unanimously adopted, it was #01-08-2010 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January26, 2010, on Petition 2009-12-02-21 submitted by Laical & Hart Mason Contractors requesting waiver use approval to operate a contractors yard in a M-1 district at 12100 Globe, located on the east side of Globe Road between Plymouth Road and Amrhein Road in the Southwest 1/4 of Section 29, which property is zoned M-1, the Planning Commission does hereby recommend to the City Council that Petition 2009-12-02-21 be approved subject to the following conditions: 1. That the Site Plan marked Exhibit No. PSP-III prepared by Cunningham-Limp Company, as submitted to the Planning Commission on December 16, 2009, is hereby approved and shall be adhered to; 2. That the visitor and employee parking spaces shown on the site plan shall be double striped, including the provision of barrier free parking, and all regular parking spaces shall be 10 feet by 20 feet in size as required; 3. That the outdoor storage of trailers, cranes, commercial vehicles, contractors equipment and materials shall be limited to the designated locations as shown on the above- referenced Site Plan and shall be maintained in an orderly manner; 4. That there shall be no outdoor storage of disabled or inoperative equipment and vehicles, scrap material, debris or other similar items; 5. That the outdoor slacking or stockpiling of materials shall not exceed eight feel (8') in height above ground level; January 26, 2010 25229 6. That the contractors yard shall be hard surfaced with crushed rock or gravel prior to the issuance of the Certificate of Occupancy by the Inspection Department and shall be maintained in a dust proof condition, and said storage area shall be properly graded and drained to dispose of all surface water in a manner as approved by the Engineering Division; 7. That all landscaped and sodded areas shall be permanently maintained in a healthy condition; and, 8. That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in sections 16.11 and 19.06 of the Zoning Ordinance #543; 2. That the subject properly 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. Wilshaw, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #8 PETITION 2005-03-08-05 EDCO REAL ESTATE Ms. Smiley, Secretary, announced the next item on the agenda, Patton 2005- 03-08-05 00503-08-05 submitted by EDCO Real Estate Ventures, L.L.C., requesting approval of a landscape plan as required by Council Resolution #385-09 in connection with a proposal to construct an addition and renovate the exterior of the service station located at 34901 Ann Arbor Trail, on the southwest comer of Wayne Road and Ann Arbor Trail in the Southwest''/. of Section 33. January 26, 2010 25230 Mr. Miller: On September 9, 2009, the petitioner received site plan approval to construct an addition and renovate the exterior of the service station located on the southwest comer of Wayne Road and Ann Arbor Trail. As part of the approval it was conditioned: That a fully detailed landscape plan shall be submitted for approval to the Planning Commission and City Council within 60 days following approval of this petition by the City Council. A landscape plan was submitted on November 20, 2009. The plan shows that most of the proposed landscaping would be established along the gas station's two street frontages. The only other landscaping would be installed in five fool wide planter boxes flanking the east side of the building. With the exception of three Dogwood trees along the site's west property line, the plant materials proposed for the site would consist of low -profile type vegetation. Shrubs, ornamental grasses, dense groundcovers and annual flowers would inhabit the designated planting areas. Fifteen percent of the site would be landscaped. This is conforming to the requirement of Section 19.060) of the Zoning Ordinance that specifies that at least 15 percent of the total site must be landscaped. That is the extent of this proposal. Mr. Wlshaw: All right. Thank you, Scott. Are there any questions for the Planning Staffing? Ms. Vartoogian: During our study session meeting, we talked about possibly using some other varieties of plantings. What was decided with that? Mr. Miller: Basically, if this is approved, in the conditions of approval we specified that street trees will be planted to the satisfaction of the Planning Department. Ms. Vartoogian: Okay. Thank you. That's all I have. Mr. Wilshaw: Anybody else? There's nobody in the audience to speak for or against this item. A motion would be in order. On a motion by McDermott, seconded by Scheel, and unanimously adopted, it was #01-09-2010 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2005-03-08-05 submitted by EDCO Real Estate Ventures, L.L.C., requesting approval of a landscape plan as required by Council Resolution #385-09 in connection with a proposal to construct an addition and renovate the exterior of the service station located at 34901 January 26, 2010 25231 Ann Arbor Trail, on the southwest comer of Wayne Road and Ann Arbor Trail in the Southwest % of Section 33, be approved subject to the following condifions: 1. That the Landscape Plan marked Sheet No. A-01 dated November 16, 2009, as revised, prepared by Ghassan Khalaf, is hereby approved and shall be adhered to; 2. That street trees, as specified in Section 18.45 of the Zoning Ordinance, shall be planted along the subject property's street frontages subject to approval by the Planning Department; 3. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 4. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; and, 5. That all other conditions imposed by Council Resolution #385-09, which granted approval to construct an addition and renovate the exterior of the service station, shall remain in effect to the extent that they are not in conflict with the foregoing conditions. Mr. Wilshaw, Acting Chairman, declared the mofion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #9 APPROVAL OF MINUTES 989TH Public Hearing and Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 989th Public Hearings and Regular Meeting held on December 15, 2009. On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was #01-10-2010 RESOLVED, that the Minutes of 9891 Public Hearings and Regular Meeting held by the Planning Commission on December 15, 2009, are hereby approved. January 26, 2010 25232 A roll call vole on the foregoing resolution resulted in the following: AYES: Taylor, Scheel, McDermott, Smiley, Wilshaw NAYS: None ABSENT: Morrow ABSTAIN: None Mr. Wilshaw, Acting Chairman, declared the motion is carded and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 990th Public Hearings and Regular Meeting held on January 26, 2010, was adjourned at 9:57 p.m. CITY PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: Ian Wilshaw, Acting Chairman