Loading...
HomeMy WebLinkAboutPLANNING MINUTES 2017-04-11 MINUTES OF THE 1,104th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, April 11, 2017, the City Planning Commission of the City of Livonia held its 1,104th Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7:00 p.m. Members present: Glen Long Betsy McCue Carol Smiley Kevin Priddy Ian Wilshaw Members absent: Sam Caramagno, Peter Ventura Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Chairman Wilshaw informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in 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 filing. 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 2017-03-02-04 DYNAMIC LAWN SERVICE Ms. Smiley, Acting Secretary, announced the first item on the agenda, Petition 2017-03-02-04 submitted by Dynamic Lawn Service requesting waiver use approval pursuant to Section 16.11(b) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a contractor's yard for the outdoor storage of landscaping equipment and materials at 34434 Rosati Drive, located on the north side of Rosati Drive between Stark Road and Belden Court in the Southwest 1/4 of Section 28. April 11, 2017 28104 Mr. Taormina: This is a request to construct and operate a contractor's yard for the outdoor storage of landscaping equipment and materials at 34434 Rosati Drive, located on the north side of Rosati Drive between Stark Road and Belden Court. The described parcel is Lot 9 of Rosati Industrial Park subdivision. Lot 9 is a little under one acre in size. The zoning is M-1, Light Manufacturing. Currently, the property is vacant. Landscape contractors are treated as a waiver use pursuant to Section 16.11(b) of the Zoning Ordinance. There are a number of standards that apply to landscape contractor yards. They include: 1) That except for the front yard setback, the lot area must be enclosed with a fence; 2) The front yard is required to be landscaped; 3) A site plan shall be submitted; 4) Outside stacking or stockpiling of material cannot exceed 8 feet in height; and 5) Wherever the outside storage is immediately adjacent to or abutting any residentially zoned property, there must be a 20 foot wide greenbelt. That last item does not apply in this case as this site is surrounded by industrial uses to the west, north, south and east. The proposed building would be located on the easterly half of the site. The outside storage yard would be located primarily on the westerly half of the property. The building would be about 6,000 square feet in size. The overall height would be 24 feet, well within the setback and height limitations of the Zoning Ordinance. The floor plan submitted with the application illustrates how the building would be divided. There is a main entrance towards the front of the building, administrative offices as well as bathroom and kitchen area, but the majority of the space would be utilized for inside storage. There is also a smaller second floor mezzanine that is about 30 feet by 35 feet. Looking at the elevation plans, the south side of the building — which is the front of the building facing Rosati Drive — would be constructed primarily out of brick. There is an overhead door located on that side of the building. Looking at the other elevations of the building, since this is an industrial structure, all three would all be constructed of split face block. Looking at the outside storage area, it is about 24,000 square feet in size, so slightly over half an acre in area. The entire yard would be enclosed by a 6 foot high chain link fence. There is a gated entrance that would be provided between the building and the south property line. The storage yard would be partially paved with concrete but probably a majority of the area would be maintained with gravel. A salt shed is shown in the southwest corner of the property. Concrete blocks 8 feet in height would support that includes a metal frame fabric dome. The height of the dome would be about 22 feet. The fenced-in yard would also be used to store landscape equipment and materials, primarily construction-related equipment and not so much bulk materials. There is an enclosed trash dumpster area immediately adjacent f April 11, 2017 28105 to the salt shed. Parking provided would be 13 spaces. The petitioner indicates that there would be a maximum of 12 employees at any one time at this location. The only defined landscaped area is along the front of the building as required but the plans do not illustrate specifically what type of landscape materials would be provided. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Please. Mr. Taormina: There are several of correspondence. The first item is from the Engineering Division, dated March 15, 2017, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed waiver use at this time. The legal description included with the petition appears to be correct and should be used in conjunction with the proposed waiver use. The existing parcel is assigned the address of 34434 Rosati Drive. The existing parcel is currently serviced by public water main, sanitary sewer and storm sewer. Storm detention was provided for the parcel during the construction of the subdivision, so no additional detention will be needed as long as the proposed development does not exceed the impervious area that was provided for the parcel. It should be noted that the parcel is located within an area of possible groundwater contamination from the existing industrial businesses to the west, most notably the Ford transmission plant. They are in the process of gathering soil borings and analyzing the data, but should there be a detectable amount of contamination on the parcel, the proposed structures may be required to have vapor intrusion barriers or other remediation controls installed. It is suggested that the owner or proposed owners contact the MDEQ or representatives from Ford who are in charge of the contamination/remediation studies to find out what may be required and a timeframe for the final reports." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated March 23, 2017, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a contractor's yard for the outdoor storage of landscaping equipment and materials on property located at the above referenced address. We have no objections to this proposal."The letter is signed by Keith Bo, Fire Marshal. The third letter is from the Division of Police, dated March 24, 2017, which reads as follows: "I have reviewed the plans in connection with the petition. I have no objections to the proposal." The letter is signed by Brian Leigh, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, April 11, 2017 28106 dated April 3, 2017, which reads as follows: "Pursuant to your request, the above-referenced petition has been reviewed. The following is noted: (1) A variance from the Building Code Board of Appeals would be required to maintain the temporary structure (salt shed) for a period of more than six months. This Department has no further objections to this petition."The letter is signed by Jerome Hanna, Director of Inspection. The fifth letter is from the Treasurer's Department, dated March 16, 2017, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted petition. At this time, there are no outstanding amounts receivable for taxes. Therefore, I have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. The sixth letter is from the Finance Department, dated March 17, 2017, which reads as follows: "I have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Coline Coleman, Chief Accountant. The next letter is from International Development Company, dated March 30, 2017, which reads as follows: "In regards to the enclosed Notice of Public Hearing, Petition #2017-03-02-04, please note the following: (1) Will a building be built on the property? What is the size? (2) Will the lot be paved? (3) I own several buildings on Belden Court. Will there be a screen or fence placed? Please provide answers to our questions above. Should you like to reach me, please feel free to contact me directly at 248-918-8877."The letter is signed by Darryl Rogers, Member, International Darin, L.L.C. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Seeing none, is the petitioner here? We will need your name and address for the record please. Lisa Franzoni, Tiseo Architects, Inc., 19815 Farmington, Livonia, Michigan 48152. I'm just here to answer any questions. I think you guys should have an email that my boss, Ben, sent about the items being stored outside on the property. Do you all have that, the list? Mr. Wilshaw: Yes, we do. Ms. Franzoni: Okay. Do you have any questions for me? Mr. Wilshaw: Let's find out. Are there any questions for the petitioner's representative? April 11, 2017 28107 Ms. Smiley: Did you get the letter from the Inspection Department that mentioned the DEQ? Ms. Franzoni: I'm unaware of that letter. He probably sent it to Ben. Ben is out of town, but I can probably answer those questions he asked. What were the other questions on there? Ms. Smiley: They wanted to know, Mark, help me with . . . Mr. Taormina: Are you referring to the letter from the Engineering Division regarding the situation . . . . Ms. Smiley: Contamination . . . Ms. Franzoni: Oh, that one. The contamination one? Ms. Smiley: Yes. Ms. Franzoni: Yes, I'm unaware of that. Ms. Smiley: Okay. But you do know that you're going to have to look into that before . . . Ms. Franzoni: Yes, yes. I made a note of that to let Ben know. Ms. Smiley: Okay. Good. And then, it's my understanding the shed has an eight-inch cement and they put something over the top of it. Ms. Franzoni: It's eight inch CMU block. I think it's eight; hang on a second. It's eight feet tall on CMU block and then it has kind of like a half circle cover on it. Ms. Smiley: What is the flooring on it? Ms. Franzoni: The flooring is the paving I believe. It's the concrete slab, 8 inch concrete slab. Ms. Smiley: Okay. And then there's something that goes over the top of that, right? Ms. Franzoni: It's a fabric, yeah. A fabric covering. Do you guys have photos? I believe he sent example photos. So it's just a thin piece of fabric that's supported by some sort of metal framing. Ms. Smiley: Okay. Good. Thank you. Is anybody from Dynamic here? Ms. Franzoni: I'm not sure. This isn't actually my project, so I don't know them. April 11, 2017 28108 Ms. Smiley: I hope Mr. Tiseo is on a nice vacation. Thank you. Mr. Wilshaw: Are there any other questions for the petitioner's representative? Mr. Long: The dome. It's not really a dome, right? It's just a cover. Ms. Franzoni: Yes. Mr. Long: And it's open on both sides. Ms. Franzoni: Correct. Mr. Long: Is that sufficient to keep the weather out? I mean, you're covering the salt but you get weather coming from the sides sometimes. Ms. Franzoni: Correct. We base it off of other examples of salt sheds that we've seen, so I believe it will be adequate. I can raise that question with Ben again, but that's what most people do for this type of thing. Mr. Long: Okay. And then, there's cement that leads up to the salt shed, correct? Ms. Franzoni: Yes, correct. Mr. Long: In order to get the trucks in and out. But the yard itself will not be paved. Is that correct? Ms. Franzoni: Well, there's gravel. Can you see on your plan? Mr. Long: Yeah. Ms. Franzoni: That will be gravel. The rest of it is an eight-inch concrete slab. Mr. Long: Okay. Will the equipment in the storage area be property of Dynamic? They're not leasing out the space to anybody else? Ms. Franzoni: No. I believe it's all property of Dynamic. Mr. Long: Okay. Thank you. Ms. Smiley: If I could to Mr. Taormina. Didn't you say they said they were going to landscape but they didn't really . . . I mean I can't imagine it would be bad if it's a landscaping service, but we don't have a landscape plan. We just said there will be landscaping. April 11, 2017 28109 Mr. Taormina: The plan illustrates it. That's really all the information we have to go on relative to the landscaping. You can see the three small areas -one directly in front of the building and then the two alongside the right-of-way. They are just shaded areas identified as landscaped areas. We don't have any details on plant materials. Ms. Smiley: Don't we usually have a lithe more detail? Mr. Taormina: We do typically have more detail on landscaping than what's provided here. That's correct. Ms. Smiley: I think we would like more. Not that I don't trust Dynamic, but more of a detailed plan. I mean we could still pass it, but ask them to provide a landscape plan. Mr. Taormina: You could do that, yes. That's something that you could either require prior to the submission to the City Council should this move forward or have it reviewed in greater detail by the Planning staff. Ms. Smiley: Thank you. Mr. Wilshaw: I do have on quick question. The awning that's going to be over the salt shed, is that intended to be temporary just during the winter season or will that be up year round? Ms. Franzoni: I believe it will be permanent. I can double check. I believe it's permanent though. Mr. Wilshaw: Okay. And you do realize that then the petitioner would have to go before the Building Code Board of Appeals to get approval for that to be up year round. Correct? Ms. Franzoni: I'm unaware of that. Mr. Wilshaw: Okay. That was one of the letters that was read into our record. That would be a requirement for the petitioner to get approval for that. Ms. Franzoni: Okay, and that's only if just the covering is permanent? Mr. Wilshaw: Yes. Ms. Franzoni: Okay. Mr. Wilshaw: Is there anything else that you wanted to add? April 11, 2017 28110 Ms. Franzoni: No, I'm finished. Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, I will close the public hearing and ask for a motion. On a motion by Long, seconded by McCue, and unanimously adopted, it was #04-20-2017 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 11, 2017, on Petition 2017-03-02-04 submitted by Dynamic Lawn Service requesting waiver use approval pursuant to Section 16.11(b) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a contractor's yard for the outdoor storage of landscaping equipment and materials at 34434 Rosati Drive, located on the north side of Rosati Drive between Stark Road and Belden Court in the Southwest 1/4 of Section 28, which property is zoned M-1, the Planning Commission does hereby recommend to the City Council that Petition 2017-03-02-04 be approved subject to the following conditions: 1. That the Site Plan marked Sheet No. P1 dated March 10, 2017, prepared by Tiseo Architects, Inc., is hereby approved and shall be adhered to; 2. That the outdoor storage of materials and equipment shall be limited to the fenced-in area as depicted on the site plan, and shall be limited to the following items as provided by the Petitioner: • 5 enclosed trailers • 6-8 pick-up trucks • 1-2 open trailers • 1 dump trailer • 7 plows • 2 snow boxes • 1 wheel loader and 1 skid-steer 3. That no other bulk landscape materials are to be stored outside other than the salt under the shed; 4. That the outside storage 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 April 11, 2017 28111 surface water in a manner as approved by the Engineering Division; 5. That there shall be no outdoor storage of disabled or inoperative equipment and vehicles, scrap material, debris or other similar items; 6. That the outdoor stacking or stockpiling of materials shall not exceed eight feet (8') in height above ground level; 7. That any facilities used to store refuse shall be screened by means of an enclosure constructed of masonry walls with metal enclosure gates which shall be properly maintained and, when not in use, closed at all times; 8. That all landscaped and sodded areas shall be permanently maintained in a healthy condition, and that a landscape plan as approved by the Planning Department shall be submitted, approved and adhered to; 9. That the building elevations shown on the plan marked Sheet No. P2 dated March 10, 2017, prepared by Tiseo Architects, Inc., is hereby approved and shall be adhered to; 10. That all exterior light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadways; 11. That the issues as outlined in the correspondence dated March 15, 2017, from the Assistant City Engineer shall be resolved to the satisfaction of the Engineering Department and/or Inspection Department; 12. 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; 13. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 14. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this April 11, 2017 28112 approval shall be null and void at the expiration of said period. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use follows 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 property 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: Is there any discussion? Mr. Long: I would like to see if we could add to Condition #8, which says, "all landscaped and sodded areas shall be permanently maintained in a healthy condition," add to that "and that a landscaping plan suitable or as approved by the Planning Department shall be submitted and approved by the Planning Department and adhered to." Mr. Wilshaw: Is there support for that motion? Ms. McCue: Support Mr. Wilshaw: Do you have that, Mr. Taormina? Mr. Taormina: Yes, we do. Mr. Wilshaw: Okay. Thank you. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Thank you for coming tonight. April 11, 2017 28113 ITEM #2 PETITION 2017-03-02-05 7-ELEVEN/MOBIL Ms. Smiley, Acting Secretary, announced the next item on the agenda, Petition 2017-03-02-05 submitted by 7-Eleven, Inc. and Fazal & Khurram Corporation requesting waiver use approval pursuant to Section 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of a convenience store (7-Eleven) and gas station (Mobil) at 29321 Eight Mile Road, located on the southeast corner of Eight Mile and Middlebelt Roads in the Northwest 1/4 of Section 1. Mr. Taormina: This request is by the operator of the 7-Eleven convenience store and a Mobil gas station located at Eight Mile and Middlebelt Road to utilize an SDM liquor license. The SDM is a Specialty Designated Merchants license which would allow the petitioner to sell prepackaged beer and wine products for consumption off the premises. The property is on the southeast corner of the intersection. It's about 1.25 acres in area. It includes 231 feet of frontage on Eight Mile Road and 225 feet of frontage along Middlebelt Road. The zoning is C-2, General Business. The site is developed with a gas station and convenience store. The convenience store is roughly 2,200 square feet in size. The Zoning Ordinance, as it applies to SDM Liquor License requests, has a number of special waiver use requirements. One of those is Section 11.03(r)(1) which stipulates that the proposed SDM licensed establishment cannot be located within 500 of any existing SDM licensed business. This distance is measured from between the actual buildings, and in this case, the closest SDM licensed business is more than 500 feet away. It would be Cantoro Italian Market. They carry an SDM license and they are located approximately one-half mile to the south of this business on the east side of Middlebelt Road. The next closest licensed establishment is the Beer Baron party store. They carry an SDD as well as an SDM license, so they sell both packaged beer and wine products as well as spirits. The other special requirement that applies to these types of liquor license requests is Section 11.03(r)2 which specifies that any proposed SDM licensed business must be located no closer than 400 feet from any church or school building. There are two churches in relative close proximity to this location, but both are more than 400 feet away. The closest church is at the northwest corner of the intersection in Farmington Hills and measured between the buildings that distance is right around 500 feet. The next closest is Clarenceville Methodist Church, which is approximately 680 feet to the south, also on the east side of Middlebelt Road. In terms of the closest school, Clarenceville Middle School is located roughly 1,500 feet April 11, 2017 28114 to the south of the subject property. There is no special requirement related to the placement of the SDM products within the establishment, so the floor plan that was submitted with the application indicates that those products would be displayed on the open shelves within the store as well as existing refrigeration units, which are highlighted on this particular plan. With that, Mr. Chairman, I'd be happy to read out the departmental correspondence. 1 Mr. Wilshaw: Please. Mr. Taormina: There are six items of correspondence. The first item is from the Engineering Division, dated March 24, 2017, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the waiver use at this time. The existing parcel is assigned the address of 29321 Eight Mile Road. The attached legal description appears to be correct for the parcel, and should be used in conjunction with this petition. The existing building is currently serviced by public water main, sanitary sewer and storm sewer. Should renovations to the building require alterations to the existing services, drawings will need to be submitted to this department to determine if permits will be required. Also, should the owner need to complete work within the Middlebelt Road or Eight Mile Road rights-of-way, permits from the Wayne County Department of Public Services and/or Oakland County Road Commission will be required." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated March 23, 2017, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to utilize as SDM liquor license in connection with the convenience store (7-Eleven) within the gas station (Mobil) on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Keith Bo, Fire Marshal. The third letter is from the Division of Police, dated March 24, 2017, which reads as follows: "I have reviewed the plans in connection with the petition. I have no objections to the proposal."The letter is signed by Brian Leigh, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated April 3, 2017, which reads as follows: "Pursuant to your request, the above-referenced petition has been reviewed. This Department has no objections to this petition." The letter is signed by Jerome Hanna, Director of Inspection. The fifth letter is from the Finance Department, dated March 22, 2017, which reads as follows: "I have reviewed the address connected with the above noted petition. A false alarm charge of $50.00 has been outstanding for this address since April 11, 2017 28115 October 20, 2015. Accrued interest through March 9, 2017 is $8.64, bringing the total owed to the City of Livonia to $58.64." The letter is signed by Coline Coleman, Chief Accountant. The sixth letter is from the Treasurer's Department, dated March 20, 2017, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted petition. At this time, there are no outstanding amounts receivable for taxes. Therefore, I have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. Thank you. Mr. Wilshaw: Are there any questions for the Planning Department? Mr. Long: Mr. Taormina, in the notes it indicates that two previous requests for SDM licenses were brought to the Planning Commission in 2008 and were both denied. Do you know, were either of those appealed to City Council and what was the disposition? Mr. Taormina: I believe neither one of those items was appealed to City Council. So the action of the Planning Commission in both cases was final. Mr. Long: Thank you. Ms. Smiley: Nothing has changed since then, has it? Mr. Taormina: Changed in terms of what?There have been changes to the state statute regarding the operation of SDM licenses out of gas stations. So there has been, and I think this is described in the notes. There's been some relaxation of the rules related to fueling facilities, namely, the minimum inventory that the business must maintain; and then secondly, there were some distance requirements between the point of sale where the liquor sale occurred and where the fuel is being dispensed. So while there were some significant inventory restrictions and very tight distance requirements, both of those have been modified, and I think it has opened up the door for these types of requests. This is the first one and we expect a few more to come in as well. Ms. Smiley: Okay, but there hasn't been any big drop in the number of licenses in that part of the city, has it? Mr. Taormina: No. I don't think there's been any change to the number or distribution of licenses in the northeast quadrant for some time. Quite frankly, I can't think of anything significant recently. Ms. Smiley: Okay. Thank you. April 11, 2017 28116 Mr. Wilshaw: Any other questions for the Planning Director? Seeing none, is the petitioner here? Again, we ask that you start with your name and address for the record please. Steve Ormond, Clark Hills, P.L.C., 500 Woodward Avenue, Detroit, Michigan 48226. Mr. Wilshaw: Thank you, Mr. Ormond. And you're representing the petitioner? Mr. Ormond: Representing the petitioners if we look at it that way, both 7- Eleven and the franchisee who operates the store. And what I'm understanding from the recommendation letters or the comment letters that were submitted is the basic zoning criteria for the waiver are all met. This is not a construction project so the other possible considerations that would come into play don't come into play. It is an interesting change that happened at the turn of the year when the legislature revised the statute. A little bit of background on that. The previous statute had the inventory requirement which was a quarter of million dollars; the store had to have that much inventory in order to apply to the Liquor Commission for an SDM license if they were operating gas dispensing as well. And in the case of small store operations like 7-Eleven, other convenience stores, smaller stores, it was very uncommon to have an inventory of that level. The larger store operations, larger retailers, could do that but not the smaller stores. The legislature, I think, felt that that was a bit of an unfair result for the smaller operators and made the change at the turn of the year and, at the same time, imposed a new, in addition to relaxing the inventory requirement, imposed a new system of limited SDM licenses going forward. This is new for the sale of spirits. There had been limits on the number of licenses for a long time, but the SDMs were basically available to all corners. So this exchange was made. This was kind of the bargain, if you will, and the legislature granted a period of I think it was 90 days following the new legislation for existing stores that might be qualified to submit their applications, and this is one of the stores. The store has every intention of operating this business in a good way. I think at that location it has a history of being a good citizen of the city, and there is a liquor and alcoholic beverage monitoring system/training system. 7-Eleven has it. It's called Come of Age and that's been approved by the Liquor Commission to train all of the store employees. As you may know, the issue of underage consumption of alcohol is always of concern. At the same time, this store plans to implement what is called the Bars Program, which is a, I'll say kind of a mystery shop kind of a system where the store will get regular pass or not pass cards if the store employee is not property monitoring the age of the purchasers. April 11, 2017 28117 7-Eleven has had an active role, not in the management of the store per se, but in helping the franchisees to sustain their business and also to sustain compliance with all of the laws. I'm proud to represent them. I'm a Livonia boy bred and I'm proud of the City and what its accomplished, and I think allowing this to go forward would simply express the City's compliance with basically the legislative desire and, at the same time, allow a small business operator to compete to some extent. Now there are sometimes concerns expressed about whether the alcohol sales represent an oversized percentage of store revenues. In the 7- Eleven stores, the experience is less than 10 percent of store revenues are represented by sales of beer and wine. In this store, the estimate is that there would be about 1,000 items in the inventory, the SKUs, but the beer and wine would represent perhaps 40 or 50 of those SKUs. So this is not a situation where we're converting a convenience store into a, in effect, a mostly liquor store. This is not one of those situations. I'm happy to answer any other questions you may have. And I also have with me 7-Eleven's field consultant, Brian, and also the store manager, Raul. Mr. Wilshaw: Thank you, Mr. Ormond, for your presentation. I appreciate that. Is there any questions for the petitioner? Mr. Long: Is the store open 24/7? Mr. Ormond: Yes, it is. Mr. Long: Would the beer coolers then be locked up at 2:00 a.m,? Brian Hopper: The cooler doors that would have been in them would be locked at 2:00 a.m. and then unlocked at 7:00 a.m. Mr. Long: Okay, I'm sorry. Your name and address for the record please. Brian Hopper: The address for 7-Eleven is 850 Stephenson Highway in Troy, Michigan. Mr. Long: Thank you. Mr. Wilshaw: Any other questions for the petitioner? Seeing none, is there anybody in the audience that wishes to speak for or against this item? Seeing no one coming forward, is there anything else that you'd like to add, Mr. Ormond? Mr. Ormond: No. If there are no questions, I'd just like to point out one more time, I can't help it. It's the lawyer in me. We have complied with April 11, 2017 28118 all of the specific zoning requirements, and so we would certainly appreciate an approval. Mr. Wilshaw: Thank you, sir. With that, I'll close the public hearing. Is there a motion? On a motion by Smiley, seconded by Priddy, and unanimously adopted, it was #04-21-2017 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 11, 2017, on Petition 2017-03-02-05 submitted by 7-Eleven, Inc. and Fazal & Khurram Corporation requesting waiver use approval pursuant to Section 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of a convenience store (7-Eleven) and gas station (Mobil) at 29321 Eight Mile Road, located on the southeast corner of Eight Mile and Middlebelt Roads in the Northwest 1/4 of Section 1, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2017-03-02-05 be denied for the following reasons: 1. That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That this part of the City is currently well-served with SDM licensed establishments selling packaged alcoholic beverages; 3. That there is no demonstrated need in the area for additional sales of packaged alcoholic beverages such as are permy tutilization of an SDM license; 4. That theitted petitionerbhe has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the principle use of the subject property as well as other uses in the surrounding area; and 5. That the proposal is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure suitability and appropriateness of uses. 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. April 11, 2017 28119 Mr. Wilshaw: Mr. Taormina? Mr. Taormina: I just wanted to, if the maker of the motion could correct in I believe Conditions#2 and #3 the reference to SDD. Change than to SDM license. Ms. Smiley: Absolutely. Mr. Wilshaw: Yes, that looks like a typo there. Ms. Smiley: And that's okay with you, Commissioner Priddy? Mr. Priddy: Yes. That's acceptable. Ms. Smiley: Okay. Thank you. Mr. Wilshaw: We have a denying motion on the floor. Is there any discussion? Seeing none, the roll call would be in order. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. The petitioner will have 10 days to appeal this to City Council. ITEM #3 PETITION 2017-03-02-06 BJ'S RESTAURANT Ms. Smiley, Acting Secretary, announced the next item on the agenda, Petition 2017-03-02-06 submitted by BJ's Restaurant, Inc. requesting waiver use approval pursuant to Section 19.06 of the City of Livonia Zoning Ordinance #543, as amended, to redevelop the site at 19470 Haggerty Road, including demolishing the existing building (former Champps Americana Restaurant) and constructing a new full service restaurant (BJ's Restaurant & Brewhouse), including expansion of the Class C liquor license to include an outdoor dining patio increasing the overall seating count from 249 to 295, located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads in the Southwest 1/4 of Section 6. Mr. Taormina: This request involves the redevelopment of the former Champps restaurant which is located on Haggerty Road. The plans before you call for demolishing the existing restaurant and constructing a new full service restaurant that would be called BJ's. The location is on the east side of Haggerty Road. This site is part of the Pentagon Entertainment Complex which includes two other free-standing restaurants, J. Alexander's and Bahama Breeze, as April 11, 2017 28120 well as the AMC 20 theater complex and a Hyatt Place hotel. The zoning of the property in question, as well as the surrounding area, is C-2, General Business. The area of the site in question is about 2.4 acres. Champps originally received approval in 1997. The total seating capacity of the Champps restaurant was 249. That included 116 seats that were within the dining rooms. There were another 87 seats in the lounge area and then 46 seats in what was a glass enclosed patio area. That building was about 10,840 square feet in size, and the number of parking spaces provided is roughly 150. So the new restaurant about be 7,600 square feet in size. It's about one-third smaller than the existing Champps building. It would be located in the same general area near the middle of the site. The setback from Haggerty Road would be 93 feet. The interior seating would remain at 249; however, the overall seating would increase to 295 with the addition of an outdoor dining patio that would add another 46 seats. Parking and access for the new restaurant would be very similar to what currently exists. Parking is available on all four sides of the building and access would be provided via the existing drive approaches from around the entertainment campus. The site does not have direct access from Haggerty Road. There are no planned changes to the ingress and egress points to this location. In terms of the outdoor dining patio, it's an L-shaped patio that would be provided in the northwest corner of the restaurant. It would be enclosed by a four-foot high metal railing and that would also be partially covered with a wooden trellis. I think we have some good photos that will give you a better idea of what that will look like. The dining areas measure 15 feet by 47 feet along the front of the building, and roughly 15 feet square along the north side of the restaurant. The primary access to the outdoor dining patio would be provided from within the restaurant; however, there would be an emergency exit. There would be a couple of roll up doors, one that would be on the front side of the patio as well as one on the side of the building kind of opening up the area between the restaurant and the outdoor dining area. Looking at the exterior of the building, the primary building material would be brick veneer. There was quite a lot of discussion on the material at our study session, and the petitioner has provided additional information regarding that thin brick material. They are here this evening to describe that in greater detail. Other materials include a composite siding along the top portion of the building and split face block, and then to a lesser extent, there is some E.I.F.S. material shown on the construction. The serviced yard and the trash enclosure is shown at the rear of the building. The overall height of the structure at its highest point is 32 feet, so it's about 3 feet less than what the ordinance specifies as the maximum, which is 35 feet. Parking is based on gg April 11, 2017 28121 the number of customer seats, both interior and exterior, as well as the number of employees. When we do the math, altogether they require 175 parking spaces. As you recall, I indicated earlier there were about 150 spaces available on the site. However, because this is part of that larger entertainment complex that operates under shared parking and access agreements with all of the other businesses, when we review all of the parking, all of the uses, all of the required parking, it turns out there's about a surplus of 80 parking spaces within the complex. Therefore, BJ's would satisfy the ordinance with what they're providing, again by virtue of these existing cross access and parking agreements and provided that those are maintained. As I indicated previously, the dumpster area is at the back of the building. There are access gates to the enclosure that face east towards the entertainment complex. It appears to be a well shielded area. In fact, if you look on this plan, it's difficult to even tell, but that service area and dumpster area is along the backside of the building. Again, that's facing east. A fully detailed landscape plan was provided overall. It constitutes about 20 percent of the site area, so it's about 5 percent more than what the ordinance typically requires. Again, the plan specifies all of the materials. Really the zone of impact is right around the building so everything they're providing here is really limited to around the foundation of the building between the parking spaces that are immediately around the perimeter of the building and around the building at the foundation. In terms of signage, the ordinance limits uses of this nature to only one sign, a primary sign facing the road, not to exceed 80 square feet. That 80 square feet is based on the length of the building. As you can see from these elevation plans, they are showing multiple signs on all four elevations of the building. Because this exceeds what the ordinance allows, it is something that would have to be reviewed by the Zoning Board of Appeals. I'll go through these photographs very quickly. It gives you a good idea of what the similar restaurants in the BJ chain look like, both the interior as well as the exterior. I think when we want to compare these photos to what is being proposed in Livonia, probably go back to the original because this is the brick material that they're looking to do here. With that, Mr. Chairman, I will read out the departmental correspondence. Mr. Wilshaw: Please. Mr. Taormina: There are several items of correspondence. The first item is from the Engineering Division, dated March 27, 2017, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed project at this time. The legal April 11, 2017 28122 description included with the petition appears to be correct and should be used in conjunction with the proposed waiver use. The existing parcel is assigned the address of 19470 Haggerty Road. The existing parcel is currently serviced by public water main, sanitary sewer and private storm sewer. Storm detention was provided for the parcel during the construction of the condominium development, so no additional detention will be needed as long as the proposed development does not exceed the impervious area that was provided for the parcel. It should be noted that the proposed project is located within the area of the previously permitted Champp's restaurant. As long as the new development meets the existing grading and service lead locations, no Engineering Department permit will be required. Should the new construction require alterations to the existing leads, plans should be submitted to this department for review and potential permitting. As always, even though permits may not be required through this department, best management practices for soil erosion and sedimentation control should be employed." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated March 29, 2017, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to renovate the site, including demolition of the existing building, construction of a new restaurant and transference of a Class C Liquor License on property located at the above referenced address. We have no objections to this proposal with the following stipulations: (1) Subject building(s) are to be provided with an automatic sprinkler system, and on site hydrants shall be located between 50 feet and 100 feet from the Fire Department connection. (2) Building shall be protected by an automatic sprinkler system." The letter is signed by Keith Bo, Fire Marshal. The third letter is from the Division of Police, dated March 24, 2017, which reads as follows: "I have reviewed the plans in connection with the petition. I have no objections to the proposal." The letter is signed by Brian Leigh, Sergeant, Traffic Bureau. We have a second letter from the Division of Police, dated March 30, 2017, reads as follows: "We reviewed the plans submitted by BJ's Restaurant, Inc. requesting waiver use approval pursuant to Section 19.06 of the City of Livonia Zoning Ordinance #543, as amended, to renovate the site at 19470 Haggerty Road, including demolition of the existing building (former Champps Americana Restaurant), construction of a new restaurant(BJ's Restaurant& Brewhouse), and transference of a Class C liquor license, located on the east side of Haggerty Road, between Seven Mile and Eight Mile Roads in the southwest 1/4 of Section 6. After reviewing the plans with the Chief of Police, we have no objections to the waiver being granted, contingent April 11, 2017 28123 that the petitioner complies with all State Laws, City Ordinances, stipulations and conditions set by the Livonia Police Department, Liquor Investigation Unit, as approved by the Chief of Police, stipulations and conditions set by the Traffic Bureau of the Livonia Police Department. We are available to provide any additional information you may desire on this subject."The letter is signed by Jeffrey Ronayne, Special Services Bureau. The next letter is from the Inspection Department, dated April 3, 2017, which reads as follows: "Pursuant to your request, the above-referenced petition has been reviewed. The following is noted: (1) There are no details provided for the construction of the dumpster enclosure. Planning and Council may wish to address this. (2) The number of parking spaces needed exceeds the number of spaces proposed. A cross parking agreement will need to be provided to address the deficient number of parking spaces. (3) Signage has not been reviewed at this time. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Treasurer's Department, dated April 10, 2017, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted petition. At this time, there are Delinquent Real & Personal Property Taxes due, as shown below. Amounts Due: $5,307.76 for 2016- If paid by 3/31/2017— PAID 3/28/2017; (Real Property Taxes payable to Wayne County) $9,341.43 for 2016 - If paid by 3/31/2017; (Personal Property Taxes payable to City of Livonia)." The letter is signed by Lynda Scheel, Treasurer. The next letter is from the Finance Department, dated March 24, 2017, which reads as follows: "On March 23, 2017 a representative of BJ's Restaurant and Brewhouse paid the $75.68 balance owed on the water and sewer account for the above noted address by credit card. There are now no outstanding amounts receivable, general or water and sewer and I have no objections to the proposal."The letter is signed by Coline Coleman, Chief Accountant. The next letter is from the Law Offices of Gary Bloom, dated March 30, 2017, which reads as follows: "Please be advised that the undersigned is the owner of the historic property located at 39040 Seven Mile Road, Livonia, Michigan 48152 The property is owned by my wife, Janice, and myself. I am in receipt of the notice for the public hearing which is scheduled for April 11, 2017. While I will not be attending, I want you to know that my wife and myself are completely in favor of granting that petition." The letter is signed by Gary M. Bloom. Lastly, we received an email communication from The Humane League, dated March 29, 2017, which reads as follows: "Mr. Taormina, I'm writing to you because of your position as Livonia's Planning Department Head. I have submitted a letter to Hometown Life regarding BJ's April 11, 2017 28124 Restaurant and Brewhouse seeking construction approval for a new restaurant. I wanted to share it with you as well. Thank you for your time. As you recently reported, BJ's Restaurant and Brewhouse is seeking construction approval from the Livonia Planning Commission. I'm happy to see development in the community; however, BJ's is currently under fire for its failure to adequately address animal abuse issues in its chicken supply chain. I question whether our community should welcome a company that is falling behind its competitors on animal welfare reform. The food industry is quickly moving away from the egregious farming methods allowed in BJ's supply chain because consumers will not support such irresponsible and cruel treatment of animals. Many major players in the restaurant business, like Burger King, TGI Fridays, and Chipotle, have adopted sweeping welfare improvements for the chickens they purchase. Despite public outcry, BJ's refuses to adopt the same standards as its competitors. I encourage Livonia's Planning Commission to investigate this issue and consider supporting companies that are on the forefront of the growing movement towards more humane animal welfare standards." The letter is signed by Taylor Ford, Corporate Campaigns Manager for The Humane League. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Seeing none, is the petitioner here this evening? We will need your name and address for the record please. Joan Leguay, BJ's Restaurant, Inc., 7755 Center Avenue, Suite 300, Huntington Beach, California 92647. Good evening. I'm the Director of Property Development. I'm happy to be here again tonight. Mr. Wilshaw: Thank you, Ms. Leguay. Is there anything else you'd like to add to the presentation you've heard so far? Ms. Leguay: Since we were together last week and I gave you a little bit more detail about BJ's, I think tonight I'll just offer to answer any questions you have. Since we met last week, we did go ahead and send Scott some pictures of the restaurant that I described last week that will most closely resemble this restaurant with the exception of the exterior. This restaurant will have the two-tone brick exterior, but in terms of the prototype . . . so that's the new restaurant that we just opened in Ohio. This will be our second restaurant with this prototype. It just offers great elevations. The windows are taller. There's more natural light pouring in. There's a really good looking corner patio element and it has an indoor/outdoor feel to it. It has a neat fire table. So it's really a beautiful restaurant and I'm really proud to be able to bring it to April 11, 2017 28125 Livonia. I also brought a couple copies of the menu. I was describing the menu last week. So I'm happy to leave those as well if you want to take a look at those. And if you have any other questions, I'm happy to answer them. We also submitted a cut sheet or a detail sheet on that brick construction because I know there are a few questions about that. Mr. Wilshaw: Yes. Thank you. We appreciate the information that you provided at our study meeting, and I'm sure you'll hear some of those same questions asked again tonight to get on the record. Ms. Leguay: Okay. Mr. Wilshaw: With that, I'll ask if there are any questions for our petitioner? Ms. Smiley: Is this your first restaurant in Michigan? Ms. Leguay: That's correct. Ms. Smiley: It says brewhouse but you're not really a microbrewery. You're more of a family restaurant. Ms. Leguay: That's correct. Yes. So for the record, I'll just give you a little bit of background. BJ's Restaurants is based in Huntington Beach, California. We have 190 restaurants across the country. We're a family restaurant, full service restaurant. We have a full menu including generously portioned salads and appetizers and a full line of entrees including steak and salmon and mahi mahi and pork chops. We also have a deep dish pizza that we're very well known for and a bazuki dessert which is a large cookie in a variety of flavors that's served warm with ice cream on top. We also do brew our own brews. We won't be brewing at this location. We'll have many taps but 12 of them will be BJ's own beers. We'll also showcase local breweries as well. We like to do that when we come into a community to highlight some of the local favorites and give them some attention as well. It will be a very comfortable price point at about average guest check at about $14.00 per person, but I do want to emphasize it is a family restaurant. A very small portion of our liquor sales compared to a lot of other casual dining concepts is liquor. For example, a typical TGIF would probably be about a 33 percent alcohol mix. BJ's is about an 18 — 19 percent mix. So we truly are a family restaurant and we are publicly traded under BJRI so we commit every year to open a certain amount of restaurants a year. This will be a 2018 opening for us. We'd like to be open by the first quarter in 2018. Ms. Smiley: And you plan on keeping the patio open year round? April 11, 2017 28126 Ms. Leguay: That's correct. It's a covered patio and it will be heated. I don't know what the demand will be, obviously it's going to be cold here. So you know realistically, it will be you know somewhere where people will probably want to sit in the milder weather. We'll see how that works out. Ms. Smiley: Okay. Thank you. Mr. Wilshaw: Are there any other questions for the petitioner? Seeing no other questions, is there anybody in the audience that wishes to speak for or against this item? Ms. Smiley: What's with the chicken thing? Ms. Leguay: I don't know. I'm sorry I don't know about that. Ms. Smiley: I didn't know about it either. I hope you'll check it out. Ms. Leguay: I will. Thank you. Mr. Wilshaw: If there are no other questions for the petitioner, a motion would be in order. On a motion by McCue, seconded by Long, and unanimously adopted, it was #04-22-2017 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 11, 2017, on Petition 2017-03-02-06 submitted by BJ's Restaurant, Inc. requesting waiver use approval pursuant to Section 19.06 of the City of Livonia Zoning Ordinance #543, as amended, to redevelop the site at 19470 Haggerty Road, including demolishing the existing building (former Champps Americana Restaurant) and constructing a new full service restaurant (BJ's Restaurant & Brewhouse), including expansion of the Class C liquor license to include an outdoor dining patio increasing the overall seating count from 249 to 295, located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads in the Southwest 1/4 of Section 6, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2017-03-02-06 be approved subject to the following conditions: 1. That the Site Improvement Plan marked C1.01, dated January 11, 2017, prepared by WD Partners, is hereby approved and shall be adhered to; April 11, 2017 28127 2. That prior to the issuance of a building permit, the Petitioner shall provide evidence of a recorded cross access and parking agreement between this site and the other condominium units within the Pentagon Entertainment complex; 3. That all on-site parking shall be properly sized and marked, including any barrier-free space(s) as may be required by the State of Michigan; 4. That the maximum customer seating count shall not exceed 295, including 249 interior seats and 46 outdoor patio seats; 5. That no advertising visible to traffic on Haggerty Road shall be allowed on any of the seating or table apparatus within the outdoor patio area; 6. That the Landscape Plan labeled Sheet L1.01, dated January 11, 2017, prepared by WD Partners, is hereby approved and shall be adhered to; 7. That all disturbed lawn areas shall be sodded in lieu of hydro-seeding; 8. 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; 9. That the Elevation Plans marked A2.0 and A2.1, prepared by WD Partners as received by the Planning Commission on March 16, 2017, are hereby approved and shall be adhered to; 10. That all rooftop mechanical equipment shall be concealed from public view on all sides by either the roof parapet or separate screening that shall be of a compatible character, material and color to other exterior materials on the building; 11. That the trash dumpster area shall be constructed to the satisfaction of the Inspection Department and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall be maintained and when not in use the enclosure gates shall be closed at all times; April 11, 2017 28128 12. That this restaurant shall provide disposal of grease waste in accordance with Section 13.20.380 of the City Code of Ordinances; 13. That all light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadway; 14. That the issues as outlined in the correspondence dated March 29, 2017, from the Fire Marshal shall be resolved to the satisfaction of the Fire Department and/or Inspection Department; 15. That the wall signs portrayed on the above-referenced Elevations Plans are hereby approved, subject to variance(s) being granted by the Zoning Board of Appeals for excess sign area and excess number of wall signs. Any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council; 16. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 17. That unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited; 18. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 19. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. 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, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. April 11, 2017 28129 ITEM #4 PETITION 2017-03-02-07 4-LEGGED FRIENDS Ms. Smiley, Acting Secretary, announced the next item on the agenda, Petition 2017-03-02-07 submitted by 4-Legged Friends Daycare, L.L.C. requesting waiver use approval pursuant to Section 11.03(b) of the City of Livonia Zoning Ordinance #543, as amended, to operate an animal day care facility at 33501 Eight Mile Road, located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 1/4 of Section 4. Mr. Taormina: This is a request to operate an animal day care facility. The site is located on the south side of Eight Mile Road between Farmington and Gill Roads. The zoning is C-2, General Business. This is actually part of the Philmar Plaza shopping center which consists of two buildings that are located on two adjoining parcels that share parking, access and are presently under common ownership. The easterly building, which is referred to as Building #1, is the building that faces Eight Mile Road. It's about 19,500 square feet and is a multi-tenant building that can be subdivided into roughly 11 tenant spaces. To the west is Building #2, which faces east towards Building #1, where most of the parking is situated between the two buildings as well as the south end of the property. Building #2 is about 17,000 square feet in size. It was previously subdivided into tenant spaces. Building #2 is the building that is the subject of this petition. It is under a sales contract between the owners of the shopping center and 4- Legged Friends. 4-Legged Friends currently operates out of a leased industrial building on Stark Road, and the plans are to relocate to this new building on Eight Mile Road. This is treated as a waiver use along with veterinary clinics, animal clinics, and animal hospitals. Animal day care facilities are included in that list as set forth in Section 11.03(b) of the ordinance. There are a number of special requirements that apply to these types of uses including: 1) restrictions on the boarding of household pets; 2) where animals are kept overnight, there must be a full time duly qualified attendant; 3) open or outdoor runways, kennels or pens are prohibited; 4) proper disposal of rubbish and litter in such a manner as not to be obnoxious or offensive; and 5) there must be provisions for adequate ventilation and soundproofing. 4-Legged Friends would utilize the entire building for its animal day care operations. Some of the services they offer include dog day care, overnight dog and cat boarding, and manners and obedience training. There are plans to include outdoor play areas. Where any of these services or operations conflict with any of the special requirements in the Zoning Ordinance, they can be waived by the April 11, 2017 28130 City Council by means of a separate resolution. Adapting the building to the new use is going to require extensive renovations. A floor plan submitted with the application shows what that space would look like upon completion. It shows a lobby area. There are several kennel areas, training areas both for separate boarding of cats and dogs as well as play areas for small, medium and large dogs. Normal hours of operation as provided by the petitioner would be 6:30 a.m. to 7:00 p.m. Monday through Friday and then on the weekends from 8:00 a.m. to 7:00 p.m. The petitioner has indicated that the facility would be staffed overnight when animals are being boarded. Going back to the site plan, the dumpster area is shown along the west side of the building. The petitioner is indicating that all animal waste will be double bagged and disposed of within the dumpster in the southwest corner of the building There are four outdoor dog areas that are located along the west and south sides of the building. In these areas, the asphalt would be removed and replaced with a synthetic turf material. Each of these yard areas would be enclosed with six foot high vinyl privacy fencing. The submitted plan shows that the majority of the changes would involve the installation of outdoor dog areas. Three of the areas are located on the west side of the building and one on the south side of the building. Along with that would be a slight reconfiguration of the parking spaces along the west side of the building, but these dog areas are divided into a small dog area that would be about 20 feet by 44 feet. The red kennel yard measures about 20 feet by 20 feet. A medium dog yard would be roughly 20 feet by 80 feet, and then a large dog yard on the south side of the building is 75 feet by 67 feet. The red kennel enclosure is for dogs that do not get along with other dogs. That is why it is different from all the other pens. Because Section 11.03(b)(3) of the ordinance does prohibit outdoor runways, kennels and pens, this component will have to be waived by the City Council. The petitioner is indicating a total of roughly 93 parking spaces available on the site. If this was a general retail space, it would require 91 parking spaces. So by code, there is adequate parking to serve the proposed use. In terms of signage, only one sign would be allowed measuring 225 square feet. We don't have any information on what is proposed for signage. There is an existing monument sign, and it is believed that they would change the face on that sign to accommodate the new use. With that, I'd be happy to read out the correspondence. Mr. Wilshaw: Please. Mr. Taormina: There are several items of correspondence. The first item is from the Engineering Division, dated March 27, 2017, which reads as gE fr April 11, 2017 28131 follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the waiver use at this time. The existing plaza is assigned an address range of 33501 to 33521 Eight Mile Road, with the address of 33501 Eight Mile Road being assigned to the overall parcel. The attached legal description appears to be correct for the parcel, and should be used in conjunction with this petition. The existing building is currently serviced by public water main, sanitary sewer and private storm sewer. Should renovations to the building require alterations to the existing services, drawings will need to be submitted to this department to determine if permits will be required. It should be noted that the existing plaza contains underground detention for the private storm sewer within the parking lot. Prior to any on-site activities, the locations of the detention structures should be determined so they are not damaged during construction. Also, should the owner need to complete work within the Eight Mile Road right-of- way, permits from the Wayne County Department of Public Services will be required."The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated March 28, 2017, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate an animal day care facility at the above referenced address. We have no objections to this proposal." The letter is signed by Keith Bo, Fire Marshal. The third letter is from the Division of Police, dated March 24, 2017, which reads as follows: "I have reviewed the plans in connection with the petition. I have no objections to the proposal." The letter is signed by Brian Leigh, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated April 3, 2017, which reads as follows: "Pursuant to your request, the above- referenced petition has been reviewed. The following is noted: (1) There are no details provided for the construction of the proposed dumpster enclosure. Planning and Council may wish to address this. (2) The outdoor dog areas are not permitted. A super majority of Council can waive this requirement. This Department has no further objections to this petition."The letter is signed by Jerome Hanna, Director of Inspection. The fifth letter is from the Treasurer's Department, dated March 24, 2017, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted petition. At this time, there are no outstanding amounts receivable for taxes. Therefore, I have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. The sixth letter is from the Finance Department, dated March 24, 2017, which reads as follows: "I have reviewed the addresses connected with the above noted petition. As there are no April 11, 2017 28132 outstanding amounts receivable, general or water and sewer, I have no objections to the proposal."The letter is signed by Coline Coleman, Chief Accountant. We received an email from the Department of Public Works, dated April 6, 2017, which reads as follows: "Shellean and I have reviewed the blueprints and have a few suggestions. First, we would like 4-Legged Friends idea on capacity. The total number of dogs and cats she plans to board, with respect to how many kennels there are. For example, she may have 90 kennels but can house two small dogs in a large kennel, so her capacity may be 150 dogs. This is a huge factor when considering a fire or emergency evacuation scenario. The current requirement for a 24-hour tenant on the property remains as well. Second, we are suggesting a perimeter fencing for the entire lot. This would bring in a second barrier for any `escapees' from running into the PNC Bank lot to the West, neighborhood to the South and 8 Mile Rd. The last thing we want is dogs getting loose in the parking lot or from the play areas and running into 8 Mile during rush hour traffic. The play areas are also on west side and the noise/barking may be a concern for the bank tellers and the drive-up customers. Currently, their location on Stark Road has a perimeter fence, and then the play areas are fenced in. As for the 'Red Dog' area, a double layer of fencing would be recommended. This would allow the dogs not to have contact with the small dog and medium dog area. The blue print shows they share an adjoining fence. Lastly, the current location on Stark Road does have an area for cats that are up for adoption. There is not a specified location on the new blue print for an `adoption area. If they are going to keep cats for sale, they should not be in the same room as the owned cats being housed. I attached the laws referring to shelters, pet shops or facility that is housing animals. They define sanitation, drainage, heating, and cooling aspects as well as nonporous surfaces, storage of food, etc. If there are any other questions let me know." The email is from Officer Keri Brandon, Animal Control Division, DPW. We also received a letter dated March 29, 2017, from a resident, which reads as follows: "I can't come to the meeting. I want business out at the mall, but I don't want to smell dog and/or dog waste. I also have worry about barking. As long as these issues are taken care of, always, I want to have more business out at the mall. Thank you. This condo is my business and I don't to live here with added bad issue for the complex." The letter is signed by E.M. Szubeczak, 33561 Pondview Circle. We also received an email communication from Ms. Edith Szubeczak, dated March 30, 2017, which reads as follows: "Hello Planning Department, Thank you for the clear map. 1 sent a letter, but I am sending this also. Please make sure it gets to who it needs to. I am on what will be their southwest corner. My building and front door faces the north, April 11, 2017 28133 towards the back of this building. No building in front of me. The place is very quiet and peaceful now. I do not want sound or smell to ever affect me. Please, I don't think I am supportive of this possible problem."That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Mr. Priddy: Is there any noise ordinance that would apply to having dogs outside the business? Mr. Taormina: There are general noise restrictions that place decibel limits at the property line. That is something that would have to be adhered to. Mr. Priddy: Okay. Mr. Wilshaw: Mr. Taormina, for the record I want to note that in our packet we have information about a sound study that was done, but we received additional information tonight at our meeting to supplement that. Correct? Mr. Taormina: That is correct. I'll let the petitioners describe that as well. There was a response from the petitioner to the correspondence from the Animal Control Division and the response to that letter should be available in your packets. Mr. Wilshaw: Yes, Thank you. Is the petitioner here this evening? We will need your name and address for the record please. Joseph Philips, Joseph Philips-Architect, L.L.C., 921 Wing Street, Plymouth, Michigan. Good evening. I'm the architect working on the project. With me tonight is the owner, Jennifer Thompson. Anything related to the operation of the business and the dogs, she is probably a little more qualified to answer than I am, but I will try to go over some of the information that was submitted to you regarding the barking and the study. First of all, I'd like to go over one of the sheets that was given to you just tonight. It also was something that I had forwarded on the study session night. It has been modified a little bit to indicate the line of sound. If we were next to the building and the line of sound went over the top of the fence, how far away it would be until it hit the closest building of the condominiums where the ponds are. The 18 foot number is based on height from the first floor off the grade and then from the floor thickness and then up to the top of the second floor window, which we calculated about 18 feet. So with the line of sound, which would kind of be the line of sight if you were a dog with a mouth at about three foot tall, which is what we used and April 11, 2017 28134 we were told that was a valid number. We actually are about four feet taller with that line of sound that would go across there. So this supplements again kind of that distance that you could stand away from the actual run and what sound you might hear. I just wanted to provide that again to you with a little bit more information. Another sheet that I passed along today was comparative examples of noise levels. I just wanted to draw your attention to the second sheet. I printed them both because it gives you just general information which I thought might be handy. It was handy for me. It speaks to the decibel levels and kind of what the decibel level meant in terms of what we might acknowledge as typical sounds. The first Bark study that I gave you in your packet that you had received previously used the average decibel rating of about 95 decibels from about four feet away for dogs. I had talked with a person who is involved with acoustics and knows dogs, and he said that's kind of high. It's really more like 80. So I'm not contesting the fact that the other one is bad information, but I'm just saying there's range there of thoughts. With the 90 decibel rating, again, at a distance of 383 feet away, which is we calculated the distance from the closest point of the dog yard to the closest building, that the effective decibel rating there would be about 40 decibels. If you go to the chart there, that's where it's made synonymous with library, bird calls, lowest limit of urban ambient sound, very quiet. At the time we had the study session, I don't know if you remember, but the owner had mentioned that she went out at that radius from her existing yard, the 383 feet, and she said the birds chirping were about the same intensity as far as decibel. This is just kind of supporting information for that. With that, I think that covered all things that had to do with the study. Again, we're aware of the fact that you do have a residential neighbor there. That was brought to us very clearly by Mr. Taormina so we're aware of it, but in good faith, we've done some homework on it and we really don't anticipate that it's going to result in sound levels that are more than what you see here. One other thing that I thought was interesting on that level that said comparative examples of noise levels, in the column for 40, it just says one-eighth as loud as 70 decibels. So if we start at 90 or 80, you can tell at 70 down to 40, it's not units of 10. It's by far more than that. So it increases at a different rate. So with that, I'll let the owner speak. Jennifer Thompson, 4-Legged Friends Daycare, L.L.C., 12615 Stark, Livonia, Michigan 48150. Mr. Wilshaw: What else would you like to add to what you've heard so far? April 11, 2017 28135 Ms. Thompson: Did you have any specific questions that you wanted me to answer as far as the correspondence? I know that the waste was a question. There would be no smell that could travel as far as the condos. We do double bag waste immediately. Anything solid is double bagged and thrown into our dumpster right away, and as far as urine goes, because we want to remove the concrete, it will go into ground, and we do sanitize the area nightly with a environmentally friendly substance that takes away all scent. Mr. Wilshaw: Okay. Are there any questions for the petitioner? Mr. Priddy: Good evening, Jennifer. What hours would you expect dogs to be outside? Ms. Thompson: Obviously, during our open hours. At times, they will be in and out after hours. The only time they'll be outside is for an after meal potty break and that would be no later than I would say 9:30 at night, and that's one at a time. So it's individual. There is a staff member with them so they're not left outside to bark. Mr. Priddy: What are your hours of operation? Ms. Thompson: We close at 7:00 p.m. every night. Mr. Priddy: What time do you open? Ms. Thompson: 6:30 a.m. Monday through Friday, 8:00 a.m. on the weekends. Mr. Priddy: So in theory, you could have dogs out there at 6:30, possibly? Ms. Thompson: Yeah, we could. Typically, most of the barking does happen inside the building as opposed to outside the building because they are barking at things. Outside of the building, they can't see through the fence. There's really not a lot to bark at. Mr. Priddy: Okay. There was a question on the number of pets that could be boarded. Ms. Thompson: We won't have any more than we do currently at our building because we will have the same amount of kennels. I would say at our max 110. I know that the cats were mentioned as well, and we don't do cat adoptions any more moving into our new building. Mr. Priddy: So 110 is roughly the number that you would expect? April 11, 2017 28136 Ms. Thompson: That would be the max on a holiday weekend so that might be a night or two out of an entire month. Typical, I would say maybe closer to 60 for an overnight stay. Mr. Priddy: I see you provided a number of studies on the sound and so forth. I went by and visited your place a couple times. I didn't really hear anything too loud. But it looks like if you've got a problem or anything, it looks like you've studied that situation. Ms. Thompson: Absolutely. And I do want to be a good neighbor to anybody around us. If anybody did have a problem or could hear us, what they thought would be excessively, I'd welcome them to come talk to me. Mr. Priddy: Are there other options possibly to address sound? Ms. Thompson: There are. I don't think they would be necessary but there is sound proofing type of material that you can put on fencing that should muffle it more if necessary. Mr. Priddy: Okay. But you've looked into those? Ms. Thompson: Yeah. If it became a problem, that's something I would definitely look into, and I would not be opposed to putting in. Mr. Priddy: Thank you, Jennifer/ Mr. Long: In one of the correspondences, there was a reference to a second layer of fencing, a second barrier. Ms. Thompson: Yes, for the red chart dogs. Mr. Long: Yeah. Is that something that makes sense and at some point are we endanger of creating a compound? Ms. Thompson: No. As far as we're concerned, any red chart dogs are dogs that are boarding that cannot for whatever reason go into a play group. So that could be a geriatric dog, post-surgery, usually it's elderly. Maybe dogs that have been kicked out of day care previously but still come to board with us. So they're not dog aggressive. If a dog comes for a temperament test and they can't play in group, and they might still come for boarding, they might be a red chart dog. If a dog comes for a temperament test and they're dog aggressive, we don't take them at all because there is a chance that within the interior of our building when we're moving dogs maybe from their kennel to outdoors for a potty break, there could be another dog that's coming through the April 11, 2017 28137 kennel area on a slip lead. If somebody gets loose, we can't have a dog in the building that's going to go and attack another dog. And the red chart dogs, they will never go out as a group so there won't be multiple dogs out at the same time, and they should be accompanied by a staff member because it would be more or less for a potty break just for a dog that we can't potty break within one of our play groups. So they're not dangerous dogs. Mr. Long: I understand. The building faces . . . it's 90 degrees from Eight Mile, correct? Ms. Thompson: Yeah. Mr. Long: Obviously, it's a building you're interested in but you don't see any drawbacks to that or any problems. Ms. Thompson: As far as being on a main road? Mr. Long: Yes. We don't want to see any dogs get out and get in the middle of Eight Mile. Ms. Thompson: That's understandable. We've never had a dog get out of our building or out of our play yards. The six foot vinyl fence is smooth so there's not anything they can really grab onto to climb. We haven't had anybody get over that. We don't take dogs out of our building for walks or anything of that nature. So we never physically take a dog out of our space. The people that bring their dogs to us are told that they need to keep their dogs secure on a lease when they're in our parking lot and obviously being near a main road, I'm sure everybody would be agreeable to that. Mr. Long: The last question I had is the dumpster. I know you double bag the waste. They come for the dumpster once a week. Is that correct? Ms. Thompson: Currently, yes. Mr. Long: Is that what they do at our current location as well? Ms. Thompson: Yeah. Mr. Long: Okay. Great. Thank you. Mr. Taormina: Mr. Chair, back to the question that was asked of whether the city had noise standards. Those limits are provided under Chapter 8.32 of our Code of Ordinances. The ordinance breaks down categories of land use, certain times, and then what the sound 1 April 11, 2017 28138 level limit is for each of those respective land uses. For example, residential areas between the hours of 7:00 a.m. and 11:00 p.m., the sound level limit is measured in decibels and the limitation is 55. The ordinance goes one step further by specifying certain characters of sound, and makes various corrections either plus or minus from the decibel limits. So if it's a continuous sound or has a duration less than 10 minutes, for example, it will allow for a fluctuation of plus five on the decibel chart. If it's an intermittent sound, it allows for a little bit louder threshold. Then it talks about noises of an impulsive character or intermittent character that might fall more under this type of land use, and it makes an adjustment of minus five, meaning that the limit would then go from 55 down to 50, or during the nighttime hours from 48 down to 43. But either way, I guess my point is those thresholds would appear to be higher than the Bark Study provided by the petitioner this evening. If accurate, it would be an indication that these sound levels are within the limits provided under Chapter 8.32. Mr. Wilshaw: Thank you for clarifying that, Mr. Taormina. Are there any other questions? Is there anything else you would like to add, Ms. Thompson? Ms. Thompson: I don't believe so. Mr. Wilshaw: Is there anybodyin the audience that wishes to speak for or p against this Item? Regina Aimar, 33651 Pondview Circle, Livonia, Michigan. I have a condominium at On the Pond. I'm also co-owner of the condominium that my 91-year old mother lives in, which is 33841 Pondview Circle. I'm glad that there was a better drawing of the facility because the one that we received in the mail is not correct. I can say because I went to the building with my husband, the building in question, and the back of that building faces the last two buildings of the condominium complex, Buildings 17 and 18. So my questions were mostly about the sound and, you know, in the summertime when people are out and their windows are open, are we going to hear dogs barking all the time during the day. I think that's a real inconvenience and I also think it would affect our property values, especially in the two end buildings. One of the nice things about that complex is that it's usually pretty quiet there. There was something else I was going to ask. Where would the dumpster be compared to . . . I'm understanding that the southern end of the building where there's an outdoor space, is that . . . that's the farthest away from Eight Mile. Correct? Mr. Wilshaw: Yes. Correct. April 11, 2017 28139 Ms. Aimar: Okay. So where is the proposed dumpster? Mr. Wilshaw: It would be at the southeast corner of the building. The building as it stands right now, there's going to be a play yard that's going to be placed at the south of the current building. Mr. Taormina is bringing it up on the screen. You'll see at the southeast corner of the physical building itself there is a dumpster enclosure. The dumpster will be located there. So it will be right between the play yards. Ms. Aimar: Okay. So the dog area will be behind it. Mr. Wilshaw: Correct. So it's not like they're putting the dumpster way in the corner of the property or anything. Ms. Aimar: No, but as far as the sound level goes, and one of the people on your board said that they had gone by the place and the sound wasn't very loud, but where their current facility is located is near a railroad track and there are industrial buildings. We don't have the same situation where we live in the condominium. I think that's just the biggest concern that I would have, and I'm trying to be here representing . . . we had a board meeting tonight so we only had four board members so no one could some along. So I said, I did some investigating. I went to the Building Department. We looked at the building. We looked at the location. We looked at their facility, and I just don't understand why that would be a preferable location compared to where it is now. And I don't know what the benefit would be for the City of Livonia actually and to the people that live that close to the building. So those were my concerns. Mr. Wilshaw: Thank you, Ms. Aimar. You did hear the discussion that was given in terms of the sound study. Ms. Aimar: The decibels. Mr. Wilshaw: Good. I was hoping thatyou were able to at least . . . . p 9 Ms. Aimar: Yeah, I understood that good enough. Mr. Wilshaw: Okay. Very good. Thank you. Are there any other people in the audience wishing to speak for or against? Is there anything else that the petitioner would like to speak to? Okay. You're okay. Are there any other questions from the Planning Commission? Seeing no one coming forward, I will close the public hearing and ask for a motion. April 11, 2017 28140 On a motion by Priddy, seconded by Smiley, and unanimously adopted, it was #04-23-2017 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 11, 2017, on Petition 2017-03-02-07 submitted by 4-Legged Friends Daycare, L.L.C. requesting waiver use approval pursuant to Section 11.03(b) of the City of Livonia Zoning Ordinance #543, as amended, to operate an animal day care facility at 33501 Eight Mile Road, located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 1/4 of Section 4, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2017-03-02-07 be approved subject to the following conditions: 1. That the Site Plan labeled Sheet No. PD1, dated March 17, 2017, prepared by Joseph Philips - Architect, is hereby approved and shall be adhered to; 2. The overnight boarding of cats and dogs is allowed provided a duly qualified staff member is present always to care for the animals; 3. All animal waste shall be collected promptly, double-bagged and disposed of properly within the enclosed dumpster area, with regularly scheduled pick-up times to minimize odors and other negative consequences; 4. That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building, or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall be maintained at all times, and the enclosure gates shall be closed at all times except when in use; 5. The outdoor dog yards portrayed on the above-referenced site plan shall be allowed provided the requirement as set forth in Section 11.03(b)(3) of the Zoning Ordinance that prohibits outdoor runways, kennels or pens is waived by the City Council pursuant to Section 19.06(1); 6. In the event of frequent noise complaints, the Petitioner shall immediately begin employing better management techniques and practices, including providing adequate April 11, 2017 28141 soundproofing within the building and/or around the outdoor dog yards, to the extent necessary, to prevent an annoyance to the neighborhood or surrounding properties from any loud or frequent barking; 7. The number of dogs and cats within the facility shall be limited as proscribed by the City's DPW Animal Control Officers; 8. 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; 9. 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; and 10. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all 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. Mr. Wilshaw: Is there any discussion? I will ask one question to the maker of the motion. Item #3, which refers to the dumpster enclosure, would it be appropriate to have our standard verbiage that the dumpster enclosure shall be closed at all times? Mr. Priddy: Yes. It would be acceptable to add that. April 11, 2017 28142 Mr. Wilshaw: Okay. Thank you. Is the second okay with that? Ms. McCue: Sure. Mr. Wilshaw: Are there any other questions or comments? If not, please call the roll. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. I believe the petitioner was also asking for a seven day waiver due to urgency in moving along to City Council. Would someone be willing to make that motion? On a motion by Long, seconded by McCue, and unanimously adopted, it was #04-24-2017 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective date of a resolution after the seven-day period from the date of adoption by the Planning Commission, in connection with Petition 2017-03-02-07 submitted by 4-Legged Friends Daycare, L.L.C. requesting waiver use approval pursuant to Section 11.03(b) of the City of Livonia Zoning Ordinance #543, as amended, to operate an animal day care facility at 33501 Eight Mile Road, located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 1/4 of Section 4. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Good luck with your project. ITEM #5 APPROVAL OF MINUTES 1,103rd Public Hearings and Regular Meeting Ms. Smiley, Acting Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,103rd Public Hearings and Regular Meeting held on March 28, 2017. On a motion by Priddy, seconded by McCue, and unanimously adopted, it was #04-25-2017 RESOLVED, that the Minutes of 1,103rd Public Hearings and Regular Meeting held by the Planning Commission on March 28, 2017, are hereby approved. April 11, 2017 28143 A roll call vote on the foregoing resolution resulted in the following: AYES: Priddy, McCue, Long, Smiley, Wilshaw NAYS: None ABSENT: Caramagno, Ventura ABSTAIN: None Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,104th Public Hearings and Regular Meeting held on April 11, 2017, was adjourned at 8:43 p.m. CITY PLANNING COMMISSION (4(V/31 c,41110111" arol Smiley, Acting S c etary ATTEST: Ian Wilshaw, Chairman