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HomeMy WebLinkAbout1,218 - August 20, 2024 signedMINUTES OF THE 1,218th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 20, 2024, the City Planning Commission of the City of Livonia held its 1,218th 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: Patrick Droze David Bongero Sam Caramagno Glen Long Peter Ventura Ian Wilshaw Members absent: Wafa Dinaro Mr. Jacob Uhazie, 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 2024-07-08-04 Wine Palace Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2024- 07-08-04 submitted by Wine Palace requesting approval of all plans required by Sections 3.10 and 13.13 of the Livonia Zoning Ordinance, as amended, in connection with a proposal to construct an addition to the existing retail building at 13971 and 13973 Middlebelt Road, located on the west side of Middlebelt Road between Schoolcraft Road and Lyndon Avenue in the Southeast' of Section 23. Mr. Uhazie: Mr. Wilshaw: Mr. Uhazie: August 20, 2024 31540 This site is 0.78 acres in size, with 250 feet of frontage on Middle Belt Road and 135.60 feet deep. The property is currently zoned C-1 (Local business). The properties to the north are also zoned C-1, while parcels to the south and east across Middle Belt are zoned C-2 (General business). Behind the property to the west is zoned N1 (Neighborhood district). The existing Wine Palace is a one story in height building measuring approximately 7,536 square feet. The parking is located to the north and east of the property. The proposed addition measures 2,456 square feet and would be built on the south side of the building. The addition would be utilized as a retail area, an office, a conference room and enable additional front counter sales as shown on their floor plan. The new building would have a gross floor area of 9,992 square feet. Setbacks for the building for C-1 district is 15 feet. The current building is 84 feet and seven inches from middle belt, and the addition would align with the existing building. The ordinance allows zero -foot setbacks when C-1 is adjacent to C- 2. The addition would have a zero -lot line with the Bob Evans property to the south, a 20-foot rear setback is required when adjacent to residential residence. The existing building and addition would be 44 feet and nine inches from the rear lot line. The addition complies with all required yard setbacks. The exterior of the addition will match the building materials and design of the existing building. Awnings over the windows and gooseneck light fixtures also match the existing building. The one-story addition height would match the existing building as well. Parking is based on one space per 150 square feet of floor area. The expanded building requires 53 parking spots, and the plan only identifies 37. The parking spaces also appear to be striped at nine feet. The ordinance requires parking spaces at 10 feet. When we did some examining of the parking and striping, we looked at 10 feet. If the parking was striped at 10 feet, we'd estimate 34 parking spaces would be available. Section 9.03 of the zoning ordinance allows Council and the Planning Commission to modify parking requirements based on other information of sources and the Institute of Transportation Engineers Parking Generation Manual. Under this manual for liquor stores, it would require only 18 parking spaces. So, it would comply with the ITE Parking Generation Manual. And that's all I have for staff notes, but I also have correspondence. If you want to read that out to us. The first item is from the Engineering Division, dated July 12, 2024, which reads as follows: "In accordance with your request, August 20, 2024 31541 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 #13971 Middlebelt Road. The legal description included with the submitted drawings appears to be correct, and should be used should the project be approved. The existing parcel is currently served by public water main, sanitary sewer and storm sewer. The submittal does not indicate any changes to the existing utility leads, so we do not believe there will be any additional impacts to the public utilities with this proposal. Please be advised that the project will be required to conform to the latest version of the Wayne County Storm Water Ordinance . Storm water pre- treatment and/or detention may be required for any additional impervious areas added to the site. A full review of the permitting requirements will be done when construction drawings are submitted to this Department Also, should any work be required within the Middlebelt Road right-of-way, the owner need to obtains permits from 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 July 22, 2024, 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. Please ensure on formal plan submission that directional arrow is accurate on all pages. 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 July 11, 2024, 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 the Inspection Department, dated August 20, 2024, 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 deficient front yard setback. 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 July 12, 2024, which reads as follows: "/ 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 August 20, 2024, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted August 20, 2024 31542 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 Susie Nash, Treasurer. That is the extent of the correspondence. Mr. Ventura: I'm a little puzzled. Could you go back over...I don't have a copy of a letter from Jerome Hannah in my package. Mr. Uhazie: We just received it today. It was a late addition. Mr. Ventura: He talks about a deficient...from the from the middle belt road? Mr. Uhazie: Yeah, I believe the setbacks. I'm not exactly sure what he's referring to, to be honest... Mr. Ventura: Well, in our write up, it says that we're 84 feet away. Mr. Uhazie: and I think the setback is about 20, Mr. Ventura: And it is allowed at zero. Mr. Uhazie: That's the lot that's to the south. So that's adjoining the property to the south. Mr. Ventura: What's the required setback? Mr. Uhazie: It is 15 feet. Mr. Ventura: So, we have 84? Mr. Uhazie: Yes, that's why I have not had a chance to review Jerome's letter. I can look at it. Mr. Ventura: I would like it clarified so that we don't have the petitioner go through bunch of steps that are not necessary. Okay? Thank you, Mr. Chairman. Mr. Wilshaw: All right. Thank you. Mr. Ventura. Any other questions for our planning staff? Mr. Droze: Just a question on the use of different methodology for parking requirements. ITE's recommendation seems a little more appropriate based on the nature of this use. Is this a common source that the city uses? Mr. Uhazie: I would say we do use that pretty regularly now, since the zoning ordinance update. Mr. Droze: Mr. Uhazie: August 20, 2024 31543 Great, and I think related to the setback, there's, we mentioned, there's a, I think a slight jog in the right-of-way that it looks like it's pretty minor encroachment into that setback on the south corner of the building. It looks very minor. It's almost a function of the jog in the Middle Belt Road right-of-way. I think that might be what they're referring to. That could be, I would say, I was just confirming that for C-1 the setback is 15 feet from the main road, so I'll have to follow up with Jerome as to what he's referring to. Mr. Wilshaw: Alright, thank you. Did that answer all your questions, Mr. Droze? Mr. Droze: Yes. Mr. Wilshaw: Excellent. Any other questions for our planning staff? If not, our petitioner is in the audience, feel free to come forward. Mr. Wilshaw: Good evening, gentlemen. We're going to ask that you start with your name and address for our record. Robert Kerma, Guma Group and representing Wine Palace. Kelly Denha, owner of the Wine Palace along with my brother Cliff. Mr. Wilshaw: Mr. Denha: All right. Thank you, gentlemen. And what would you like to tell us about your proposal you're going to be looking to add on to your building? I so much appreciate letting me submit our plans. We've been Wine Palace over 37 years and if you know what's going on, is a lot of changes in our business. Every day we get new items. Ten items. Well, where do you put it and I always tell these suppliers, I go, what do you do at 7-11? I mean, you know, how do you put... we don't. Well to stay relevant in our line of business, there's new stores coming to Michigan that are much bigger, and they have a lot of variety, and we have to stay relevant. And we've been wanting to do this for a while. We had an issue with DTE, but we fixed it, and we're going to move two poles at our cost. And so, this will make the store more convenient to move a cart around. It makes the aisles wider. We can bring new items. Also, we're going to bring some new features. For example, a potential chiller machine, where if, if you have five doors of chilled wine, if you don't have that bottle of wine, that we have 1000 different kinds, but you want that one chilled, we'll put it into the chiller. Two minutes, you're out of there free of charge. You have chilled wine. Mr. Wilshaw: August 20, 2024 31544 It gives us an advantage toward you know, some of these other stores, like Meijer's and Costco, and that's a service that we would offer. Considering the parking, which I appreciate, I want to let you know that we eliminated the deli, and the deli was a very, very profitable, very great business for us. But as time went on, all these restaurants that are approved on Middle Belt, I was... the running joke in Livonia was the best restaurant In Livonia was the liquor store down the street because we had a great deli, but after 40 years, the demographics changed, where all the Chick fil A and Chipotle and Jersey Mike's and Chili's and all these restaurants came in, we noticed it wasn't our best department, and we started scaling it back down. So, in our store, our customers are going to come in and out, you're not going to see a traffic jam. So, the parking I knew was an issue also, what I also did, I eliminated...I was going to put a upstairs, where I was going to have, not a lounge area where customers could come in and have private wine tastings and things like that. I limited that because I knew, standing here, the parking would not meet it, because that's different. Customers would be lingering in the store. You'd have 20 or 30 cars in the parking lot besides your regulars, so I eliminated that, but I would appreciate, if you approve it, because I don't think it would be an issue. Holiday times it is an issue. But we, we have good arrangements with our neighbors at Bob Evans and the insurance company next door. And our employees park there, and I think it'll be a really big asset to the City of Livonia. It'll be very nice, and I welcome you guys to stop by when it's done. If you approve it. Sounds good. Thank you, Mr Denha. Let me see if there's any questions for you about your proposal. Is there any questions for our petitioner? Mr. Bongero: One question, What's your intention with the existing dumpster enclosure? Mr. Denha: I'm keeping it. Mr. Bongero: It needs repairs. Mr. Denha: Oh, absolutely. Mr. Bongero: The gates are in bad shape, and the block looks like it needs to be tuck pointed. Mr. Denha: Done. Mr. Bongero: Okay, just, I'd like to just address that., Mr. Denha: Mr. Bongero: Mr. Wilshaw: Mr. Caramagno: August 20, 2024 31545 You know, I think we never close it and the reason is, you know. And I tell you, I think it's always open. So, I think we, we have so much, so many boxes that we break up. The garbage there is three days a week, yeah, so I will, I'll fix that immediately. Okay, appreciate it. Thank you. Thank you, Mr. Chair. Thank you, Mr. Bongero, any other questions for our petitioner? Not so much a question, but a comment. All the questions that I have for you, Kelly, were how long had you been there, 37 years, and why did you need the extra space? And you, you spelled that out very well, so you took care of my questions in advance. So, thank you. Mr. Denha: Thank you. Mr. Wilshaw: Very good. Thank you. Any other questions or comments for our petitioner? If there's no other questions, is there anyone in the audience wishing to speak for or against this item? Don't see anybody coming forward. Mr. Denha: I was going to invite a lot of customers to say yes, but they said, Kelly we'll save that for the City Council if need be. Mr. Wilshaw: That sounds good. Mr. Denha: Thank you so much. Mr. Wilshaw: You're welcome. Let's go to the commission and see if there's a motion. A motion would be in order. On a motion by Ventura, seconded by Bongero, and unanimously adopted, it was #08-42-2024 RESOLVED, That the City Planning Commission does hereby recommend to the City Council that Petition 2024-07-08-04 submitted by Wine Palace requesting approval of all plans required by Sections 3.10 and 13.13 of the Livonia Zoning Ordinance, as amended, in connection with a proposal to construct an addition to the existing retail building at 13971 and 13973 Middlebelt Road, located on the west side of Middlebelt Road between Schoolcraft Road and Lyndon Avenue in the Southeast 1/4 of Section 23., be approved for the following reasons or subject to the following conditions: August 20, 2024 31546 1. The Site Plan identified as SP-100, dated June 17, 2024, as amended, prepared by Gumma Group, is hereby approved and shall be adhered to. 2. All parking spaces, except the required handicapped spaces, shall be doubled striped at ten feet (10') wide by twenty feet (20') in length as required. 3. That the Petitioner shall make an effort to save the trees along the south property line that are being displaced by the addition and replant them elsewhere on the site. 4. The Elevations Plan, identified as A-500, dated June 17, 2024, as amended, prepared by Gumma Group, is hereby approved and shall be adhered to. 5. Any new exterior light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways. 6. That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and when not in use, closed at all times. 7. 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. 8. No unshielded LED light band or neon shall be permitted on this site, including the building or around the windows. 9. 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. 10. 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 11. Pursuant to Section 13.13 of the Livonia Zoning Ordinance, as amended, this approval is valid for a period of one year only from the date of approval by City Council, and unless a August 20, 2024 31547 building permit is obtained, this approval shall be null and void at the expiration of said period. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to the City Council with an approving resolution. ITEM #2 PETITION 2024-07-08-05 Wendy's Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2024- 07-08-05 submitted by Impact Ventures Corp., on behalf of Wendy's, requesting approval of all plans required by Sections 3.11 and 13.13 of the Livonia Zoning Ordinance, as amended, to reconfigure the parking lot and drive-thru facilities and remodel the interior and exterior of the restaurant, at 34450 Plymouth Road, located on the northwest corner of Plymouth and Stark Roads in the Southwest'% of Section 28. Mr. Uhazie: This site is currently zoned C-2, and the site is 1.32 acres with 175 feet of frontage on Plymouth Road and 327.52 feet on Stark Road. The existing restaurant is one story in height and 2,828 square feet in size. The restaurant currently has seating for 48. the proposed new building would be set back 85 feet from Plymouth Road and 15 feet from Stark, totaling 2,532 square feet. The new restaurant would be roughly 30% smaller. Proposed renovations would reduce seating capacity to 29 individuals. The interior would be completely remodeled. The Solarium and existing front landscaping would be removed and replaced by a concrete outdoor patio. The patio area would contain three tables with seating for 12. Also shown on the patio is a bike rack. Landscaping has been added to the protect the seating area, and two pedestrian access points have also been added from both Stark and Plymouth Road. Revisions to the exterior elevation also show aluminum composite panels. The landscape plan shows a full-size deciduous tree, no ornamental trees, and approximately 28 shrubs along Plymouth Road. Along Stark Road, the landscape plan shows no full-size deciduous trees, eight ornamental trees, including hornbeam, flowering crab and approximately 59 shrubs, juniper and existing. There are four existing trees within the Plymouth Road right-of-way. Plans show the addition of PRDA District streetscape consisting of brick piers and fencing. The new dumpster enclosure would house two dumpsters, six feet high, of brick to match the building, or eight - inch split face CMU. Enclosure gates would be solid composite Mr. Wilshaw: Mr. Uhazie: August 20, 2024 31548 material. and as I mentioned, the new exterior renovations would be aluminum composite panels. And I'll let the petitioner go through how they changed the...if they changed any of the color schemes. That's all I have for staff report. Okay, and you have correspondence. The first item is from the Engineering Division, dated July 25, 2024, 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 #34450 Plymouth Road. The legal description included with the submitted drawings appears to be correct, and should be used should the project be approved. The existing parcel is currently served by public water main, sanitary sewer and storm sewer. The submittal does not indicate any changes to the existing utility leads, so we do not believe there will be any additional impacts to the public utilities with this proposal. Please be advised that the project will be required to conform to the latest version of the Wayne County Storm Water Ordinance. Storm water pre-treatment and/or detention may be required for any additional impervious areas added to the site. Also, should any work be required within the Plymouth Road right-of-way, the owner need to obtains permits from the Michigan Department of Transportation." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated July 31, 2024, which reads as follows: " This office has reviewed the site plan submitted in connection with a request to modify a commercial building on property located at the above referenced address. We have no objections to this proposal with the following stipulations: A fire access road shall be provided with not less than 20 feet of unobstructed width and have a minimum of 13 feet 6 inches of vertical clearance in accordance to 18.2.3.4.1.1 and 18.2.3.4.1.2 of NFPA 1, 2015. Currently plans state approx. 18 ft between a travel lane and parking spaces to the north and the east sides of the building. This cited code distance is to allow appropriate fire truck access around the entire building without the potential for obstruction of firefighting/suppression operations. 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 July 25, 2024, which reads as follows: `9 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 August 20, 2024, which reads as follows: " Mr. Wilshaw: August 20, 2024 31549 Pursuant to your request, the above -referenced Petition has been reviewed. 1. The parking lot shall be repaired or replaced as necessary. 2. The parking spaces shall be 10' by 20' and double striped. 3. The proposed signage shall conform with the sign ordinance, ora variance would be required from the Zoning Board of Appeals to maintain excess size or 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 July 29, 2024, 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 July 25, 2024, which reads as follows: All taxes and water payments are current with this property." The letter is signed by Susie Nash, Treasurer. That is the extent of the correspondence. Okay, I was going to make you read those NFPA codes to us again, but I figured that was mean. All right, is there any questions for our planning staff? I do have one question for you, though, Mr. Uhazie, in regard to the outdoor dining area. Is there any requirement within our ordinance that that be surrounded by any sort of a barrier? Mr. Uhazie: As long as there's no alcohol service, it does not have to be surrounded. Mr. Wilshaw: Okay, all right. Very good. Thank you. If there's no other questions for our planning staff, I'll go to the petitioner who's in our audience. Good evening. Feel free to come forward to our one of our podiums. Introduce yourself. Rick Sefton, owner of Wendy's, 34450 Plymouth Road, Livonia, MI. I'm looking forward to putting up this new Wendy's. It's called a global next generation. It has all the new bells and whistles of a flagship Wendy's that, apparently, it'll be one of the first three that I'll be doing in Michigan. And I'm an operator of six Wendy's. I just took over four from Wendy's and we run first class operations, not like what you may have seen in the past around here for example. In our service industry of restaurants, it's not unheard of to have 300% turnover. You know, 100% is very good. I've always run under 100%. When it comes to...like some people think Chick fil A is the standard. I beat them in every number. Always have. I've been doing this for 35 years and when Wendy's wants people trained, they send them to my restaurants, and we do an outstanding job. And I look forward to taking this, this old store Mr. Wilshaw: August 20, 2024 31550 that's been neglected, and doing the right thing, and hopefully you'll be proud to have me in your community. We appreciate that, Mr. Sefton. Is there anything else that you'd like to tell us about your upgrade to the building itself in terms of the design or materials or anything? Mr. Sefton: Well, this is Joe Caine. He's the architect. He's got all the information on the panels and all the things that we need. Mr. Wilshaw: We appreciate it. Hello, Mr. Caine. Joe Caine, Fieldstone Architecture, 3400 Auburn Road, Auburn Hills, MI. Jacob, I'm not sure if you've got the color elevations. I did bring a couple copies. Mr. Uhazie: Mr. Wilshaw: Mr. Caine: The only ones I have is one that was presented at the last meeting. If you had updated ones... So, you can give those to Ms. Reece right next to you there, and she will pass them down. This is the revised elevation with the different material shown from the study session where we decreased the amount of the wood -look siding, and we added the gray panels on the back side. Okay, if you want to pass these out too. These are material samples. This is the wood. Mr. Wilshaw: That's the before and after, basically, of what we've seen. Mr. Wilshaw: Mr. Caine: Mr. Wilshaw: Mr. Ventura: Mr. Caine: Mr. Ventura: Thank you for having those. We will keep looking at them as we discuss them here. Is there anything else you'd like to tell us in the meantime? I don't think so. Just open it up if there are any questions or... Okay, very good. Thank you. Let's see if there's any questions from any of the commissioners. Does anyone have any questions for our petitioner? I'm going to pass these down so everybody can see them. Are these actual samples of the materials that'll be on it? That is correct? Well, okay, substantial panels. August 20, 2024 31551 Mr. Caine: Yes. Mr. Ventura: Nothing like aluminum siding. Mr. Caine: No. Mr. Ventura: Okay. Thank you. Thank you very much and thank you for going through the effort for this. Mr. Wilshaw: Yeah, there was some discussion at the study meeting about these materials, and you weren't sure if you're going to be able to get them and pull it off. So, we appreciate that. Mr. Caine: Mr. Wilshaw: Mr. Droze: Mr, Caine: Mr. Droze: Mr. Caine: Mr. Droze: It was some work, but we did it. Very good. Any other questions for our petitioner? First, I want to thank you for the amount of progress you made on the plan over the span of a week. I think the improvements that you adopted with the changes to the site plan, both with access and improving kind of the frontage along Plymouth Road are beneficial. I will see the materials when they get down here, but it looked like they did make the changes to that, which I think based on what we're seeing, I think this is kind of what we were hinting at last week. On the access, we had a discussion about the Stark Road pedestrian access point, and we talked about the elevation difference, and it is significant. Do you have an idea what that slope is going to be? Because it looks like it's not even going to be close to ADA compliant. I'd almost be, at least from my perspective, in favor of just eliminating that. We can eliminate it, but you also have the access off of Plymouth Road, which would be accessible, right? So even though, mean, that is, you know, a crosswalk pedestrian access point, but they could use the Plymouth Road. I think, relative to that access point, you know, if it's not going to be ADA, I would just assume, at least, from my perspective, probably not to put it in. Do you know the relative slope of what that is going to be? I think it's at least 30 inches of drop, if not more over six or seven feet, over about eight to nine feet. Okay, so, yeah, it's more than ADA compliant, right? And then, was there any consideration given to centering the main Mr. Caine: August 20, 2024 31552 pedestrian access point more on the Plymouth road frontage? If you were to eliminate the Stark one and just have that one. We have. There's an existing berm and the trees that are out on Plymouth Road that are out in the right of way. Okay, so those would have to be in...correct me, Matt, I don't know if that would be able to work or not. What with the existing conditions. Matt Peters, Fieldstone Architects, 3400 Auburn Road, Auburn Hills, MI. Yeah, I don't think it would work very well. It'd be a tough, tough get through to...I mean, I have to agree with Joe that trying to get that path to work on the straight more shot down the center of Plymouth, from Plymouth, you know, that's what you're talking about, right? Mr. Droze: Yeah. Mr. Peters: The other thing is that we had the opportunity once we moved those mobile parking spaces over to the side, you know, we had to provide the striping for pedestrian as well to get to the building. So, it just kind of became a great opportunity just to connect those two anyways. So, we're kind of killing two birds with one stone at that, at that opportunity, Mr. Droze: Mr. Peters: Mr. Droze: Mr. Caine Mr. Sefton: Okay, if relative to the I guess...I do look at the plan and look like, if you try to line it up, it would get into that existing tree in the right of way. So, I don't know if that's... is that a deal killer? Could you, you know, replace it and provide a different tree, or... If we're looking at the plan, are you talking about the tree that's in the right of way to the left there? Just south of the meets and bounds. That's the tree in the right of way we can, yeah. I mean, I'm sure Mr. Sefton would like to remove that tree, or like to remove all the trees for visibility, but I think with it being in the right of way, I don't think we can eliminate it. Let me ask you this, there's a nice big slope there. I mean, how do you go around that? I mean, if you want to make an ADA complaint, correct? Mr. Droze: Yes. Mr. Sefton: How do you get rid of the slope? I mean, you want us to get rid of the slope? Mr. Droze: Mr. Sefton: Mr. Droze: Mr. Sefton: Mr. Droze: Mr. Sefton Mr. Droze: Mr. Peters: Mr. Droze: August 20, 2024 31553 I mean, I'm looking at it from a practicality standpoint. Where are people going to walk? And you know if somebody's going to walk all the way to that point, they're probably just going to walk in the driveway. There is a slope there, so I don't know how you work around that, unless you want us to remove that. And okay, so where would you like to see that? I mean, I guess we could do anything. I'm just trying to understand what your vision might be. Basically, I think in line with the vestibule on the east side of the building, running a sidewalk straight, and you would have to take that one tree out, but it would again, just relative to access that's a more direct route, and that's...and it would require some regrading. Okay, if we took the tree out and regraded that, that would be okay? That would be my, I guess, question. I'm happy to do it. I'm just... I guess. I don't know if other commissioners have any opinion on it, but that's...other than that, I really don't have any other comments on the plan. I mean, can you point to, can you circle the arrow around the tree there for a second? So, okay, so you run a sidewalk, basically, somewhere around there, you change the grade, and you remove a tree. You are kind of doing me a favor. I'm happy to do it. Yeah, and I think, you know, there would be a gap in the in the decorative fencing, and then you could probably eliminate the sidewalk on the west side of the property. It's just more central. That's the only suggestion. Mr. Peters: I know, these guys could do anything. Is there electrical, sewer, plumbing, or anything that we got to worry about? Mr. Caine: We would have to check. Mr. Wilshaw: As this goes forward, we'll see how the approving resolution comes out. But if there's some changes that you can make that would accommodate that between now and when you go to City Mr. Droze: Mr. Wilshaw: Mr. Caramagno: Mr. Caine: August 20, 2024 31554 Council, you can work on that during that time. I think would be appropriate. If there's any other suggestions that we can give you along the way today, we'll try to do that for you. All right. Anything else Mr. Droze? Nothing further, thank you. All right. Any other questions from any other commissioners? I do have a question. Your dumpster enclosure, what is the distance between the dumpsters and what would be the island behind the store? I noticed that...That's one question. I noticed, to pick up the dumpsters, you'll be driving against traffic, against typical traffic on the property when you come to dump those which is potentially a problem. So, your traffic for your angle parking is coming out, yet your garbage truck will have to come in that same direction, that opposite direction, to get to those containers. Have you thought about that at all? Yeah, that's the way it exists today. Mr. Caramagno: Is there an opportunity to fix that and clock that dumpster enclosure 90 degrees to come in off of Stark Road? We can do that. Seems to make more sense that way. You're at least traveling with traffic, not against traffic, if you're coming during business hours. Mr. Caine: Yeah, we can make that change, Mr. Caramagno: You might have more...you might have more space to back out of there if you're backing east and west versus north and south. Mr. Caine: You guys know, just off the top of your head, if there's a setback with regards to that dumpster on the sideline? Mr. Caramagno: The truck's probably 35 to 38 feet long. Mr. Caine: Mr. Uhazie: The setback from the property line to where the dumpster would be, is there, as far as the ordinance goes, off the top of your head? You know, off top my head. I don't believe so it would be, probably with inspection. We can discuss that after the meeting, but I don't think any changes... it's still right there against the lot line anyway, so I don't think it would change any...the number of feet from the August 20, 2024 31555 lot line. I don't you know, just the number, how close the side is versus the corner. Mr. Wilshaw: All right, fair enough. Anything else. Mr. Caramagno? Mr. Caramagno: No, that's fine. Mr. Wilshaw: Thank you. All right. Good suggestions. Any other comments from any of the commissioners? Mr. Wilshaw: Aanyone in our audience wishing to speak for or against? I don't see anyone else. One last chance for any other comments or questions from the commissioners, anything else that our petitioner would like to add before we make our decision? I think we've covered everything. Then, if there's nothing else to discuss, a motion would be in order, On a motion by Bongero, seconded by Long, and unanimously adopted, it was #08-43-2024 RESOLVED, That the City Planning Commission does hereby recommend to City Council that Petition 2024-07-08-05 submitted by Impact Ventures Corp., on behalf of Wendy's, requesting approval of all plans required by Sections 3.11 and 13.13 of the Livonia Zoning Ordinance, as amended, to reconfigure the parking lot and drive-thru facilities and remodel the interior and exterior of the restaurant, at 34450 Plymouth Road, located on the northwest corner of Plymouth and Stark Roads in the Southwest % of Section 28, be approved subject to the following conditions: 1. The Architectural Site Plan identified as Sheet No. SP1.1, dated August 15, 2024, as revised, prepared by Fieldstone Architecture & Engineering, is approved and shall be adhered to. 2. The parking lot shall be repaired, resealed, and restriped as necessary to the satisfaction of the Inspection Department. Parking spaces shall be appropriately sized and marked, including any barrier -free space(s) as may be required by the State of Michigan. 3. The Landscape Plan identified as Sheet No. LP1.1, dated August 15, 2024, as revised, prepared by Fieldstone Architecture & Engineering, is approved and shall be adhered to. August 20, 2024 31556 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, after that, permanently maintained in a healthy condition. 5. All disturbed lawn areas, including road rights -of -way, shall be sodded instead of hydroseeding. 6. The Plymouth Road Development Authority (PRDA) streetscape improvements (i.e., brick piers and fencing) shall be installed along Plymouth Road to the satisfaction of the Planning Director. 7. The Exterior Elevations plans identified as Sheet No. A2.3 and A2.4, both dated August 15, 2024, as revised, prepared by Fieldstone Architecture & Engineering, are approved and shall be adhered to. 8. The Petitioner shall work with planning staff to relocate sidewalks, to the extent possible, that provides a direct access route via Plymouth Road to the front of the restaurant to the satisfaction of the Planning Director, Engineering Department and Inspection Department. All rooftop mechanical equipment shall be concealed from public view on all sides by screening compatible with other building exterior materials. 10. That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. 11. The Petitioner shall rotate the dumpster enclosure so that the enclosure doors face east toward Stark Road. 12. All light fixtures shall not exceed twenty feet (20') in height and shall be shielded to minimize glare trespassing on adjacent properties and roadways. 13. 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. August 20, 2024 31557 14. No unshielded LED light band or neon shall be permitted on this site, including the building or around the windows. 15. 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. 16. 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, 17. Pursuant to Section 13.13 of the Livonia Zoning Ordinance, as amended, this approval is valid for a period of one year only from the date of approval by the City Council, and 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? 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 1,217th Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,217th Public Hearing and Regular Meeting held on July 30, 2024. On a motion by Long , seconded by Ventura, and unanimously adopted, it was #08-44-2024 RESOLVED, That the Minutes of 1,217th Public Hearings and Regular Meeting held by the Planning Commission on July 30, 2024, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: NAYS: ABSENT: ABSTAIN: Droze, Bongero, Long, Ventura, Caramagno, Wilshaw None Dinaro None Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. August 20, 2024 31558 On a motion duly made, seconded and unanimously adopted, the 1,218th Public Hearings and Regular Meeting held on August 20, 2024, was adjourned at7:49 p.m. ATTEST: Ian Wilshaw, Chairman CITY P NNING COMMISSION Sam ramagno, Secretary