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HomeMy WebLinkAbout1,196 - February 28, 2023 signedMINUTES OF THE 1,196th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 28, 2023, the City Planning Commission of the City of Livonia held its 1,196th Public Hearing and Regular Meetings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7 p.m. Members present: Wafa Dinaro David Bongero Sam Caramagno Glen Long Ian Wilshaw Members absent: Peter Ventura Mr. Mark Taormina, Planning Director, and Stephanie Reece, 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 2021-12-02-25 Portillo's Restaurant Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2021- 12-02-25 submitted by Portillo's requesting a one-year extension of the waiver use granted on February 28, 2023 (CR #59-22) involving the construction and operation of a freestanding full - service restaurant with drive -up window facility at 13000 Middlebelt Road, located on the east side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road in the Northwest 1/4 of Section 25. February 28, 2023 30830 Mr. Taormina: Thank you, Mr. Chairman, if you don't mind, there is a companion petition, which is item number two, petition 2021-12-02-26 also by Portillo's, and my presentation will address both of these items. Mr. Wilshaw: That would be fine. Mr. Taormina: This is a one-year extension of two waiver -use approvals involving Portillo's Restaurant. The first is to allow for the construction of a full service restaurant with drive -up window facilities and the second is the operation of a Tavern license in connection with the operation of the restaurant allowing for the sale of beer and wine products for consumption on the premises. The location is a new outlot that would be created within the parking lot of the Meijer store, which is located within Millennium Park —a regional shopping complex on Middlebelt Road. The City Council granted the approval to Portillo's on February 28, 2022, exactly one year ago. The approved plans showed a restaurant that would have a gross floor area of about 7,900 square feet. It would have 184 interior seats and 44 outdoor patio seats. Drive - up window service is planned along the west side of the building facing Middlebelt Road. The exterior would include a combination of split face block, face brick, metal panels, smooth face block, as well as sections of metal louvers. The Tavern license was also approved by City Council. Council waived the separation requirements from the other on -premises license businesses within the 1,000 feet of the restaurant. There are several other restaurants that are within Millennium Park and across the street that operate Class C licenses. There's a provision in the ordinance that requires that they be at least 1,000 feet apart. In this case, the restaurants are within 1,000 feet and the City Council has the right to waive that, which they did as part of their approval last year. The reason for the extension is because Portillo's needs to complete its real estate transaction with the owners, as well as their engineering, which is needed to obtain both the city and county permits and approvals. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: The first item is from the Engineering Division, dated February 15, 2023, which reads as follows: `in accordance with your request, the Engineering Division has reviewed the above referenced petition. The overall parcel is assigned the address #13000 Middlebelt Road, while the proposed restaurant is assigned the address of #13004 Middlebelt Road. The existing February 28, 2023 30831 parcel currently has access to public water main and sanitary sewer owned by the City of Livonia, although the utilities are contained within the Middlebelt Road right-of-way. Any connections to these utilities will require permits from both the City, and the Wayne County Department of Public Services. Privately -owned storm sewer is available within the existing parcel. The petitioner does indicate that they will be installing stormwater detention in compliance with the Wayne County Stormwater Ordinance, but no calculations have been provided at this time. Full review of the utilities will be completed when drawings are submitted for permitting." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated February 21, 2023, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a commercial building on property located at the above referenced address. We have no objections to this proposal with the following stipulations: No current objections or stipulations at this time. Refer to review regarding this Petition # from Retired Fire Marshal Greg Thomas on December 14, 2021. A further detailed plan review will take place when this division receives an official plan set. "The letter is signed by Brian Kukla, Fire Marshal. The next letter is from the Division of Police, dated February 15, 2023, 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 Paul Walters, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated February 21, 2023, which reads as follows: Pursuant to your request, the above -referenced Petition has been reviewed. 1. A variance from the Zoning Board of Appeals would be required for the excess number of signs. 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 Finance Department, dated February 15, 2023, 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, 1 have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated February 17, 2023, 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, 1 have no objections to the proposal."The letter is signed by Lynda Scheel, Treasurer. Mr. Wilshaw: Thank you, Mr. Chairman. Any questions for our planning staff? February 28, 2023 30832 Ms. Dinaro: Mark, do they have a new timeline? Mr. Taormina: I'm going to defer that question to the representative from Portillo's. She's here this evening, and I'm sure she'll be able to update us on that question, because it has been a while, and I know that part of it was completing their transaction, as I indicated with the owners. Mr. Wilshaw: Any other questions for our planning staff? If not, we do have a representative from Portillo's in the audience. If you're able to come forward, we can speak to you. Good evening, ma'am. Amanda Schwerin, 805 Via Altos, Mesquite, TX. Mr. Wilshaw: Okay, thank you. Ms. Schwerin: To answer your question, our current timeline... we're planning to hopefully break ground on April 20, as long as we can get civil approval by then. They're working on pursuing Wayne County stormwater approvals, and that included record drawings for the regional stormwater management facilities downstream, which is part of what the holdup was to getting those as-builts, and the finalization should be done by April 20, as well. That's the current timeline to break ground, and then I'm here to answer any of the questions you have. Mr. Wilshaw: All right, Ms. Dinaro, is there any other follow up question? Ms. Dinaro: No, that was it. Thank you. Mr. Wilshaw: Thank you. Is there any other questions that any other commissioners have for our petitioner? Mr. Wilshaw: If there's no questions...I don't think there's anyone else in our audience wishing to speak for or against this. I'll give him an opportunity, though. I don't see anybody jumping forward. Thank you for coming tonight. Ms. Schwerin: Yes, thank you. Mr. Wilshaw: I will go to my commissioners and look for a motion. On a motion by Long, seconded by Bongero, and unanimously adopted, it was #02-14-2023 RESOLVED, That the request by Portillo's Hot Dogs, LLC, for a one-year extension of the waiver use granted on February 28, 2022 (CR #59-22) involving the construction and operation of a February 28, 2023 30833 freestanding full -service restaurant with a drive -up window facility at 13004 Middlebelt Road, is approved, subject to City Council approval, and provided all conditions imposed by Council Resolution #59-22 in connection with Petition 2021-12-02-25 shall remain in effect. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 of Livonia Vision 21 Zoning Ordinance, as amended. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #2 PETITION 2021-12-02-26 Portillo's Tavern License Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021- 12-02-26 submitted by Portillo's requesting a one-year extension of the waiver use granted on February 28, 2023 (CR #68-22) involving the utilization of a Tavern license (sale of beer and wine for consumption on the premises) in connection with a full -service restaurant at 13000 Middlebelt Road, located on the east side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road in the Northwest 1/4 of Section 25. Mr. Wilshaw: Thank you, sir. We already received a presentation on this item. Are there any questions that any of our commissioners have for our planning staff in regard to this petition? I don't see any. Are there any questions for our representative of the petitioner from any of our commissioners? I don't see any questions from any commissioners. Anyone in the audience wishing to speak for against this item. I don't see anybody coming forward. A motion would be an order. On a motion by Bongero, seconded by Dinaro, and unanimously adopted, it was #02-15-2023 RESOLVED, That the request for a one-year extension of the waiver uses granted on February 28, 2022 (CR #68-22) involving the utilization of a Tavern license in connection with a full -service restaurant at 13004 Middlebelt Road, is hereby approved, subject to City Council approval and the following conditions: 1. That the request for a one-year extension of waiver use approval by Portillo's Hot Dogs, L.L.C., in a letter dated February 14, 2023, is hereby approved. and February 28, 2023 30834 2. That all conditions imposed by Council Resolutions #68-22 and #69-22 in connection with Petition 2021-12-02-26 shall remain in effect to the extent that they are not in conflict with the foregoing condition. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 of Livonia Vision 21 Zoning Ordinance, as amended. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #3 PETITION 2023-02-08-01 HopCat Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2023- 02-08-01 submitted by Kozak Construction, on behalf of the HopCat Restaurant Company, requesting approval of all plans required by Sections 3.11 and 13.13 of the Livonia Vision 21 Zoning Ordinance, as amended, in connection with a proposal to remodel the exterior of the restaurant (former Claddagh Irish Pub) at 17800 Haggerty Road, located on the east side of Haggerty Road between Six Mile and Seven Mile Roads in the Southwest % of Section 7. Mr. Taormina: Thank you. This is a request to remodel the exterior of the former Claddagh Irish Pub located on the east side of Haggerty Road between Six and Seven Mile Roads, just south of the main campus of Schoolcraft College. Claddagh was one of three restaurants established in the early 2000s as part of College Park, which is a mix of retail and office uses on property that is owned by Schoolcraft College. The other two freestanding restaurants are Bravo Italian Kitchen and Mitchell's Fish Market. The zoning of the property is C-2 (General Business). Claddagh received waiver -use approval on April 21, 2004. In 2019, the restaurant closed. The existing building is roughly 9,480 square feet. It sits roughly 300 feet south of the entrance drive to the campus. HopCat will be the new lessee of the building and is proposing changes consistent with the chain's business operations and its brand identity. The restaurant will maintain the same number of seats that Claddagh had, 315, which is the limit that was established with the 2004 approval. This includes 243 interior seats and 72 exterior patio seats. Within the restaurant itself, several partition walls will be removed to create a more February 28, 2023 30836 the Inspection Department, dated February 27, 2023, which reads as follows: " Pursuant to your request, the above - referenced Petition has been reviewed. 1. Signage must conform to Livonia Vision 21 Zoning Ordinance or the existing Zoning Board of Appeals variance (2004-11-155) for the signs on this site. Any increase to the permitted number or size of signs would require a new variance from the Zoning Board of Appeals. 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 Finance Department, dated February 15, 2023, 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 Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated February 17, 2023, 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. That is the extent of the correspondence. Mr. Wilshaw: Thank you. Mr. Taormina. Any questions for our planning staff? Mr. Caramagno: Mark, there was some question about that the roof line on the front where you can see the roof wrap around. Did we get that straightened out? Do you get an answer on that? Mr. Taormina: No. I think what you're referring to is the backside of the parapet and whether the membrane material would be exposed and visible. I'll let the petitioner address that. The only change we received was to the entry tower. If you recall from the Study Meeting, the plan at that time showed a peaked feature that extended a little bit higher than the other parapet walls on the corners of the building. As the petitioner indicated, they were going to reduce the height of that feature to make it equal to the height of the corners of the building. I don't believe they've addressed anything or made any changes relative to the backside of the parapets, but I'll let the petitioner explain that a little bit further. Mr. Wilshaw: Any other questions for our planning staff? If not, we do have a representative from the petitioner here. Feel free to come forward sir. Introduce yourself with your name and address. February 28, 2023 30835 open floor plan. The layout of the bar and kitchen will essentially will remain the same. On the outside of the building, HopCat is going to remove almost all of the existing facade treatments which you can see in this series of photographs, including the chimney, the cultured stone tower elements, the cornices and the windows. I think most everyone is familiar with the appearance of the Claddagh Pub. The new design, as you can see from these renderings, is much more contemporary and includes steel, wood siding, stone veneer, and E.I.F.S. The new color scheme will be pale yellow with brown and black accents. On the north side of the building, the E.I.F.S. is shown being painted with HopCats trademark cats eye logo. In 2014, the Zoning Board of Appeals granted variances to allow up to four signs on the building, with a combined total area of 148 square feet. The limit under the current zoning ordinance is one sign total totaling 81 square feet. With that I will read out the correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: The first item is from the Engineering Division, dated February 14, 2023, 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 subject parcel is assigned the address of #17800 Haggerty Road. The existing parcel is currently served by public water main and sanitary sewer, as well as privately -owned storm sewer. Based on the submitted drawings, there should be no impacts to the existing systems as a result of the proposed project. It should be noted that although there is no work planned in the Haggerty Road right-of-way. Should the scope change, any disturbances within the right-of-way will require the owner to obtain permits with the Wayne County Department of Public Service." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated February 21, 2023, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a commercial building on property located at the above referenced address. We have no objections to this proposal with the following stipulations: Maintain suppression system and fire alarm/suppression monitoring system if applicable. A further detailed plan review will take place when this division receives an official plan set." The letter is signed by Brian Kukla, Fire Marshal. The next letter is from the Division of Police, dated February 14, 2023, which reads as follows: 1 have reviewed the plans in connection with the petition. I have no objections to the proposal." The letter is signed by Paul Walters, Sergeant, Traffic Bureau. The next letter is from February 28, 2023 30837 Joel VanAntwerpen, Kozak Construction, 2757 Copper Hill NE, Grand Rapids, MI 49525. Mr. Wilshaw: Okay, Joel and what do you have to present to us tonight? Mr. VanAntwerpen: Today, you have part of the drawings already that was up there, but I did bring along for your look of what the materials are for this board. I'm gonna pass it along there. But I also just have the drawings here to that were there. But that will also...I thought it'd be good because sometimes we've been in meetings before that you like to see how those two pieces of cedar come together that we have and it's gonna be the smooth side. Mr. Wilshaw: A tongue and groove style? Mr. VanAntwerpen: Yeah. Mr. Bongero: Does this get painted, the cedar, or does it get just left natural or... Mr. VanAntwerpen: No,it'll be a stained cedar, and I think the board tells you and I can't tell you right off the top what type of cedar, I think it's a darker stain. Mr. Wilshaw: There was a question that was presented earlier in regard to how you're going to be finishing the backside of those parapets. Did you want to elaborate on that a little bit. Mr. VanAntwerpen: Typically, we're usually where the backside of that parapet is going to have a rubber membrane that's going to come up and around the side, and then we'll put the metal cap on top of it. And so that locks everything in. Mr. Wilshaw: Okay. Is there any other questions from any of our commissioners? Mr. Caramagno: Yeah, it was a little bit more about the rubber membrane. So, I see the way it'll wrap around and come up the wall, what will be the north wall. What color is that membrane going to be is it going to be white? Mr. VanAntwerpen: It's typically a white product and I don't know if the owner, as of yet, has determined if it's something else, but that's usually in a restaurant situation that white holds up so much better than any other type of membrane up there. February 28, 2023 30838 Mr. Caramagno: So I understand it, but in this picture that's on the screen now, so that's really not what that's gonna look like. You're gonna have a streak of white there, that's not going to quite look like what it looks like on the screen. Mr. VanAntwerpen: You'll see, where the hand is at, you will see that is showing it black right there. But that typically would be a piece of cedar on the side that will wrap around and seal it off, but to your point, if you're able to see through there that behind that parapet you would see that white membrane. If you're standing at the ground level, like you're, I believe you're proposing that you're going to look and saying, you know from that angle right there, you would then see, I would think you would still see that. If that is what you are getting at. Mr. Caramagno: I think that's what Mark brought up last week. What can be done to shield that, and it was a pretty specific question last week to what's going to make that look right on this building, where you're spending a lot of money and making this look better than what it is today, but that was kind of a sore thumb, as well as that top castle piece. But, Mark, you're good with it? Mr. Taormina: I did not go back out to take a look at how visible the backside of that parapet is. This has been an issue in the past, as you know. You can see it on other commercial projects where oftentimes that parapet just partially wraps around the side of a building. Because it extends above other part of the building and is not finished with the same material that's used on the exterior, it appears unfinished. The waterproof membrane sometimes appears out of character with the other finished portions of the building. In this case, I don't know how visible it's going to be from the road or from other vantage points. That's something we can discuss with the petitioner. Maybe there can be some field adjustments to minimize its visibility if that's going to be the case. They are modifying the structure, so it's hard to judge when you compare what's out there today. You really don't see it. It's not that prominent, but I suspect it's on the backside of some of these features like the one on the corner that partially wraps around the building. But it's hard to tell and I apologize because I did not have a chance to get back out there and take a look at it. Mr. Caramagno: No but if it stands out bad you can make a field adjustment or ask for a field adjustment. If it stands out and looks tacky. I get that. I've got another question, if you don't mind, I noticed the rear door ... the rear roll up door where the dumpster is inside the building. Down at the base of that... all that is very rusty. It looks like it's... February 28, 2023 30839 Mr. VanAntwerpen: It's all being replaced. Mr. Caramagno: It's all been replaced? Mr. VanAntwerpen: Yeah, all those doors that are rusted out there. Actually, they were taking one of them out today that I saw, but that was an interior door but they're all being replaced. Mr. Caramagno: Yeah, didn't look like it could be... Mr. VanAntwerpen: Nothing much on the exterior Mr. Caramagno: It's in pretty rough shape. Mr. VanAntwerpen: There's nothing really worth saving. Mr. Caramagno: I don't know if you'll know the answer to this question, but you know where you're going to put your yellow eyes that side of that building has all been cut down, the overgrowth. Whose responsibility will it be to maintain that along that ditch line there or creek line, who will have the responsibility to maintain that creek and the growth so that can ... those eyes can look good all the time there without shrubbery growing up over them. Mr. VanAntwerpen: I would love to say my wife but she would be mad at me.Actually I do not know. I mean they would ... HopCat itself would be responsible to take care and keep that visible. From my experience with HopCat„ they've taken care of all the restaurants that way, because that's kind of one of their main kind of logos. They want to make it look good. Mr. Caramagno: I'm sure they want it to look good. It looks rather unsightly last time I looked, but I'm sure they'll maintain. Okay, thank you. Mr. Wilshaw: Thank you, Mr. Caramagno. Any other questions for our petitioner? Any questions over here? No, no, we're here. There is no one left in our audience to speak for or against this item. Is there anything else that you'd like to tell us Joel before we make our decision? Mr. VanAntwerpen: No, I think that's about it. Mr. Wilshaw: Okay, if there's no other questions then for any anybody for this item, then a motion would be an order. On a motion by Long, seconded by Bongero, and unanimously adopted, it was February 28, 2023 30840 #02-16-2023 RESOLVED, That the City Planning Commission does hereby recommend to the City Council that Petition 2023-02-08-01 submitted by Kozak Construction, on behalf of the HopCat Restaurant Company, requesting approval of all plans required by Sections 3.11 and 13.13 of the Livonia Vision 21 Zoning Ordinance, as amended, in connection with a proposal to remodel the exterior of the restaurant (former Claddagh Irish Pub) at 17800 Haggerty Road, located on the east side of Haggerty Road between Six Mile and Seven Mile Roads in the Southwest '/ of Section 7, be approved subject to the following conditions: 1. The Architectural Building Elevations identified as sheet number AE2-01, dated February 27, 2023, as revised, and prepared by Ghafari, is approved and shall be adhered to. 2. All rooftop mechanical equipment shall be concealed from public view on all sides by screening compatible with other building exterior materials. 3. The maximum customer seating count for this restaurant shall be 315. 4. The wall signs shall comply with the sign regulations in effect at the time the permits or applied for or the maximum permitted wall sign area allowed under Appeal Case No. 2004-11-155. 5. The painted logo on the north side of the building shall be subject to the review and approval of the City Council. 6. 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. 7. That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy; and, 8. Under Section 13.13 of the Livonia Vision 21 Zoning Ordinance, this approval is valid for one year only from the date of approval by the City Council. Unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Mr. Wilshaw: Is there any discussion? February 28, 2023 30841 Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #5 APPROVAL OF MINUTES 1,195th Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,195th Public Hearing and Regular Meeting held on February 14, 2023. On a motion by Long, seconded by Bongero , and unanimously adopted, it was #02-17-2023 RESOLVED, That the Minutes of 1,195th Public Hearings and Regular Meeting held by the Planning Commission on February 14, 2023, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Dianro, Bongero, Long, Caramagno, Wilshaw NAYS: None ABSENT: 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 1,196th Public Hearings and Regular Meeting held on February 28, 2023, was adjourned at 7:30 p.m. CITY PLANNING COMMISSION `Sam Caramagno, Secretary ATTEST: Ian Wilshaw, C air an