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HomeMy WebLinkAboutPLANNING MINUTES 2015-02-10 MINUTES OF THE 1,067TH PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 10, 2015, the City Planning Commission of the City of Livonia held its 1,067th Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Mr Lee Morrow, Chairman, called the meeting to order at 7 00 p m Members present: Scott P Bahr Kathleen McIntyre R. Lee Morrow Carol A. Smiley Gerald Taylor Ian Wilshaw Members absent: None Mr Mark Taormina, Planning Director, and Ms Margie Watson, Program Supervisor, were also present. Chairman Morrow 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 2015-01-02-01 TOMATO MASSAGE crMs Smiley, Secretary, announced the first item on the agenda, Petition 2015-01- 02-01 submitted by Imad Potres requesting waiver use approval o `r' pursuant to Section 10 03(m) of the City of Livonia Zoning n... Ordinance #543, as amended, to operate a massage . c, establishment (Tomato Massage) at 37575 Five Mile Road C r - within the New Five Village shopping center, located on the south side of Five Mile Road between Newburgh Road and Blue rte ; �.. rt-r 3 Skies Avenue in the Northeast 1/4 of Section 19 C r, February 10, 2015 26701 Mr Taormina. This is a request to operate a massage establishment that would be within the New Five Village shopping center which is on the south side of Five Mile just west of Newburgh Road This is a location map showing this property, as well as the adjoining property that makes up the New Five Village shopping center The zoning is C-1, Local Business Massage establishments, where the principal use of the business is massage therapy, are treated as a waiver use pursuant to Section 10 03 of the Zoning Ordinance This particular business, Tomato Massage, would occupy an interior unit that is located in the easterly portion of the shopping center The east end of this complex contains the 14k Jewelers The tenant space that is the subject of this petition is located two spaces to the west of 14k Jewelers It's about 1,400 square feet. They are not proposing any exterior modifications to the building An interior layout was provided with the application It shows a waiting area and service counter at the front of the store with four separate massage rooms, as well as a utility room, that are all connected by a single hallway that runs along the west side of the space There is a unisex bathroom provided at the back end of this unit. Parking is adequate It is determined based on the group commercial center requirement. That's not a problem at this particular center There are two special provisions, however, that apply to massage establishments One is a requirement that there not be any other massage establishments within 400 feet of the proposed business This location complies with that requirement. There are no other establishments where the principle use of the business is massage therapy The other special requirement is that no massage establishments be located within 400 feet of a school, place of worship, state-licensed day care facility, public library, playground, or public park. This proposed location does not comply with that requirement. Adjacent to the south and within four hundred feet (400') of this property is St. Edith Catholic Church as well as St. Edith School Approval would have to be subject to the waiving of the separation requirement by the City Council by a supermajority vote in which two-thirds (2/3) of the Council members concur With that, Mr Chairman, I can read out the departmental correspondence Mr Morrow Please Mr Taormina There are three items of correspondence The first item is from the Engineering Division, dated January 14, 2015, which reads as follows "In accordance with your request, the Engineering Division has reviewed the above referenced planning petition We have no objections to the proposed site construction at this time The proposed plan indicates that project will consist of construction on the interior of the existing building which will not require Engineering Department permits The legal description February 10, 2015 26702 provided with the petition appears to be correct and is acceptable to this office The existing parcel is assigned a range of #36650 to #37587 Five Mile Road for the individual units within the building The address of #37575 Five Mile Road should be used in conjunction with this petition The existing structure is currently serviced by public utilities, which are to remain in place Should changes to the existing utility leads be needed, the owner will need to submit plans to the Engineering Department to determine if permits 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 January 14, 2015, which reads as follows "This office has reviewed the site plan submitted in connection with a request to operate a massage establishment on property located at the above referenced address. We have no objections to this proposal with the following stipulations. (1) Chapter 38, New Business Occupancies, and Chapter 7, Means of Egress, must be conformed to which includes Emergency Exit Signs, Emergency Lighting, Exit Pathways and Extinguisher Requirements, NFPA 101, 2009 (2) These and other issues will be reviewed during the Plan review process " The letter is signed by Daniel Lee, Fire Marshal The third letter is from the Division of Police, dated January 9, 2015, 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 Joseph Boitos, Sergeant, Traffic Bureau That is the extent of the correspondence Mr Morrow Are there any questions of the Planning Director? Seeing none by the Commission, are the petitioners here this evening? If you would come forward and give us your name and address for the record please Imad Potres, Futuristic Design Consultant, 520 E 12 Mile Road, Madison Heights, Michigan 48071 I prepared the plans for my client and she is here to answer all questions related to her business Mr Morrow. Ms Watson, did you get that? Ms Watson Yes, I did Thank you Mr Morrow Okay Thank you Yes, sir Mr Potres We're here for any questions, and my client is here as well to answer any questions related to the business February 10, 2015 26703 Mr Morrow Okay Let's see if the Commission has any questions or if you want to have the opening remarks, you can do that. Mr Potres Basically, it's a very simple plan My client has been in that business She wanted to do this business They have like four rooms for massage All I do is just prepare plans I know from requirements point of view, we'll submit of course for a building permit to obtain building permit when we get approved We'll make sure everything is meeting the city and state requirements regarding lights, means of egress and emergency, all that. We're here to answer any questions Mr Morrow Okay Any questions of this gentleman? Otherwise, we'll ask the owners to come to the podium If you will bring up the representatives for the owners We will need your name and address for the record Muxia Lui, 4820 Washtenaw Avenue, Ann Arbor, Michigan 48108 I'm the daughter of the owner actually My mom doesn't speak English so I'm here as an interpreter for her Mr Morrow Thank you Is there anything you want to add? Ms Lui Basically, we are just doing a family business This is the first time we are opening a shop We are just trying to see if this will work. If this works well, we might open up more in the future This is just a family business for us Mr Morrow. Okay Do we have any questions from the Commission? Ms Smiley Good evening Is this a franchise, Tomato Massage? Ms Lui No This is the first shop Ms Smiley Have you worked at one? Do you do massage? Ms Lui My mother, she has been doing massage for eight years Ms Smiley In Ann Arbor? Ms Lui No We came from Singapore Ms Smiley Oh So you were doing massage in Singapore Ms Lui And then the United States as well Ms Smiley Have you done massage in the United States? February 10, 2015 26704 Ms Lui Yes Ms Smiley. Where at? Ms Lui She has done massage in California and Livonia and Canton Ms Smiley. So she works for a massage parlor now, right? Ms Lui Now, yes Ms Smiley. Which one is that? Ms Lui Now she is part-time at Mei Massage in Ypsilanti Ms Smiley- Okay Have you had any experience starting a business? Ms Lui No Ms Smiley. So this is your first adventure? Ms Lui Yes Ms Smiley. Okay Thank you Mr Wilshaw The services that are going to be offered at Tomato Massage, are these going to be standard massage services, back massages and other foot massages and so on, or is there any special services that are going to be offered there? Ms Lui Can I translate the question to my mother? Mr Wilshaw Certainly Ms Lui She will be doing body massages, the standard ones, and also she can help to if the customer feels pain at certain parts of the body, she can change the place She can customize the massage accordingly She was a nurse in China before Mr Wilshaw Like acupressure? Ms Lui Yes Mr Wilshaw How many employees will be working at this location? Ms Lui For now, just my mother and one of her business partners Just two of them February 10, 2015 26705 Mr Wilshaw I see there are four massage rooms Are they going to offer couple massages or just single massage? Ms Lui Yes The bigger room they are planning to use it as a couple massage room Mr Wilshaw Okay So two tables Ms Lui Yes Mr Wilshaw Okay That's all I have for now Thank you Ms McIntyre I'm just curious how you came up with the name Ms Lui Just now I asked my mom the same question She told me because the tomato resembles the shape of the heart and the heart is a very essential organ for one's health We like to eat tomatoes So we think that eat more tomatoes for good health And the color is vibrant. Eat more, you will be more beautiful Ms McIntyre We were just curious Thank you Mr Morrow. If we have no more questions, if you will just wait a moment, I'm going to see if there is anybody in the audience that wishes to speak for or against the granting of this petition We may call you back up Ms Lui Thank you Mr Morrow Is there anybody in the audience that wishes to speak for or against the granting of this petition? If so, please come forward to one of the two podiums We will need your name and address for the record please Celeste Bowman, Villa Marie, 15235 Newburgh Road, Livonia, Michigan 48154 I live at Villa Marie Do want the full address? I guess I'll have to give it to you later Mr Morrow. Do you have your address? You don't have it with you? Ms Bowman I do, but I don't remember it. I live at Villa Marie That's the location right over the wall there Mr Morrow. If you would have someone contact the Planning office and give us the address February 10, 2015 26706 Ms Bowman Oh gosh, I can't hear him It's 15131 Newburgh Road That's the official address Villa Marie residence for senior citizens Mr Morrow That will work. Ms Bowman Is that good enough? Mr Morrow That's fine We would be interested in your comments Ms Bowman I wanted to make some comments about the proposal to operate a massage establishment here in the shopping center right to the north of the senior residence where I live Okay Mr Morrow You can proceed Ms Bowman Well, my location is right behind the St. Edith Church and school complex there on Newburgh Road There is no full street between that property that the school is on and the property of the senior residents at Villa Marie We have just a chain link fence separating that property from the property that we're talking about this evening, the shopping area there With 202 children at St. Edith School, there has been some concern about the proposal here for a massage establishment, which I believe has not been allowed by the City of Livonia Zoning Ordinance #543 So we read about the request for a waiver of that restriction, and we want to speak against a waiver because of the closeness to the school children there It's very easy for them to walk right on the sidewalk to the shopping center there We are not pleased with the idea of a massage establishment with Tomato Massage I believe the Zoning Ordinance does not allow any massage establishment in this zone That's what the ordinance is now, and we don't see any necessity especially because of the Planet Fitness place operating 536 workout places with three beds and four chairs and a gym That's plenty of healthy exercise and to request a waiver of the present law, I guess it is, is not a safe thing Mr Morrow. The reason we're here tonight is because this particular use is not a permitted use within the Zoning Ordinance, however, we're here tonight to determine if they can get a waiver of that use In other words, a little bit step up in the type of business that's not normally associated as a permitted use So that's why we're here tonight, to determine whether or not they can have this waiver If it was a permitted use, they would just move in All they would have to do is comply with all the other regulations and ordinance, but because it is available to them through a February 10, 2015 26707 waiver use, that's why we start the process tonight. In other words, we're a recommending body Ms Bowman So this is not the Mr Morrow We are recommending body We will forward this to the City Council Ms Bowman Okay Mr Morrow So this is sort of like the first bite of the apple So you will also have the opportunity to speak at the City Council if it is approved or it is appealed Ms Bowman I see Okay Mr Morrow So you are representing yourself or a number of other people? Ms Bowman Well, just the talk and the worry We have 80 adults, older adults, grandmothers, lots of grandmothers, and so to have a waiver allowance of expanding a massage establishment does not sound like a good thing Mr Morrow. I'm not speaking for the Commission You'll know before you leave here tonight what our recommendation will be, but we do have a number of massage parlors within the City They are all regulated Ms Bowman Oh, yes I know There's one just kitty corner right there on Five Mile Road Mr Morrow And they are all regulated by the state as far as the licensing of being a massage business Ms Bowman This request that I'm speaking against is to go beyond the zoning as it is now I'm mean we want it like it is now, the restriction Mr Morrow. We understand that. You're not in favor of the waiver of use is what you're saying Mr Taylor Ma'am, I didn't get your name, but you did a very good job in making a presentation I would suggest to you, I don't know how the board is going to vote as the Chairman mentioned, but I would suggest to you if you're really adamantly against this, when you go to the City Council that you get a lot of names saying that you are against this, and present them to the City February 10, 2015 26708 Council That weighs very heavily on their decision But you did a nice job tonight and thank you for coming Ms Bowman Thank you Ms McIntyre I have a question Can I direct it to Mr Taormina? Mr Morrow- Yes, you may Ms McIntyre I can't remember if it's LaVida Massage, the one that's in the Kroger plaza across from Riley I think it's LaVida Do you remember, Mark, if that required a waiver or is that more than 400 feet from Riley school Do you recall? Mr Taormina Yes The 400 feet was waived Ms McIntyre Thank you Mr Morrow. Is there anybody else in the audience that wishes to speak for or against the granting of this petition? Mr Bahr Can I ask one more question of the petitioner, please? Mr Morrow Surely Mr Bahr This is more of a question of due diligence than anything, but one thing that we often ask when massage parlors come before us, I notice on the plan that you've got, except for the one room, they are all private rooms Is that a business necessity for you? I know a number of massage establishments in the city don't have the private rooms so it's not always necessary Is that something that's needed for what you're doing? Ms Lui You mean, why do we need the private rooms? Mr Bahr. The private rooms Yes Ms Lui The reason why we need private rooms is because we want to Mr Morrow. Could you speak up a little bit? Ms Lui The reason why we need a private room is because we want to provide a quiet ambiance for the customer, and we will play the music in each room So if the rhythm is different it might affect the customer's experience in the next room So we have to put February 10, 2015 26709 up the walls to make sure it is sound proof so we can provide a better experience Mr Bahr Thanks for that explanation Mr Morrow. Anyone else? Ms Smiley. I'm a grandmother myself in that over 60 bracket. I was not a fan of massage myself, but it was actually my Internist that recommended it because of pain that I had in my back. At any rate, I started massage and I might have had negative thoughts about massage before that and I use the expression "massage parlor " It's not a massage parlor It's a massage establishment. And massage has become much more medical if I can put it that way, and it's had a very negative connotation for years I've been in Livonia for 43 years and when I first moved here the only massage parlors I knew about were on Eight Mile in Detroit and it was not something that I would have ever, ever, ever frequented or knew anybody that did But I think we need to be more aware of what the whole thing is and why it's private Not because anything strange is going on in there, but because it is for your privacy, for your relaxation, for the relief of pain and it's done for legitimate reasons I'm just putting that out there I personally don't have a problem with you doing it, doing massage therapy, and the fact that it's near a school, I don't have problem with that either That's just my thoughts Mr Morrow. Any more questions? Mr Wilshaw Just to make a brief comment that the Planet Fitness which is newly opened nearby, my understanding is that they offer massage chairs and tanning and some of those other services at that location as well While it's not hands-on massage, it is a similar type service in the sense that it's a massage service being offered already in that center as an ancillary or secondary operation to the fitness So there is already some established similar type of activity in that center already Thank you Mr Morrow With that, I'm going to close the public hearing and ask for a motion On a motion by Bahr, seconded by Wilshaw, and adopted, it was #02-03-2015 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 10, 2015, on Petition 2015-01-02-01 submitted by !mad Potres requesting waiver use approval pursuant to Section 10 03(m) of the City of February 10, 2015 26710 Livonia Zoning Ordinance #543, as amended, to operate a massage establishment (Tomato Massage) at 37575 Five Mile Road within the New Five Village shopping center, located on the south side of Five Mile Road between Newburgh Road and Blue Skies Avenue in the Northeast 1/4 of Section 19, which property is zoned C-1, the Planning Commission does hereby recommend to the City Council that Petition 2015-01-02-01 be approved subject to the following conditions 1 That the use of a massage establishment at this location shall be permitted only under the circumstances that the Zoning Ordinance standard set forth in Section 10 03(m)(3) requiring that no massage establishment be located within four hundred feet (400') of a preexisting school or place of worship are waived by the City Council 2 That this facility shall comply with all of the other special waiver use standards and requirements pertaining to massage establishments as set forth in Section 10 03(m) of the Zoning Ordinance #543, 3 That this facility shall conform to the provisions set forth in Chapter 5 49 of the Livonia Code of Ordinances pertaining to massage establishments, and 4 The Petitioner shall not engage in any form of solicitation for business within the public rights-of-way of Five Mile or Newburgh Roads Subject to the preceding conditions, this petition is approved for the following reasons 1 That the subject site has the capacity to accommodate the proposed use, and 2 That the proposed use is compatible to and in harmony with the surrounding uses in the area FURTHER, the Planning Commission recommends the approval of a Conditional Agreement limiting this waiver use to this user only, with the provision to extend this waiver use approval to a new user only upon approval of the new user by the City Council 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 February 10, 2015 26711 Mr Morrow. Is there any discussion? Mr Wilshaw I believe there is also a further item that the Planning Commission is recommending, a conditional waiver on this? There is verbiage in our approving resolution for that. If the maker would be willing to add that? Mr Bahr For sure That's an oversight on my part. I'll read it in "Further, the Planning Commission recommends the approval of a Conditional Agreement limiting this waiver use to this user only, with the provision to extend this waiver use approval to a new user only upon approval of the new user by the City Council " Thanks, Commissioner Wilshaw Can I make one other comment? Mr Morrow Yes It's on the floor now Mr Bahr. I just want to say, and maybe this will help address some of the concerns that were expressed tonight and Commissioner Smiley addressed it as well There is historical connotations with massage establishments that are very different from what they are now I appreciate the fact that our ordinance requires this as a waiver use approval It's something that gives us, as a Commission and then the Council, an opportunity to review these things as they come in to make sure that they are something we're comfortable with as a community, and we have had a number of these These come into us on a fairly regular basis and I see no reason why to be concerned about this establishment. I think it's a legitimate business within the vein of what we come to know legitimate massage establishments to be So I wish the petitioner success Mr Morrow Thank you, Mr Bahr Mr Wilshaw If I could indulge the maker of the motion one more time and just ask, I think we normally have a condition in our approving resolution, and I don't see it in this particular one, but normally we have a condition that identifies the fact that this petition is within 400 feet from a place of worship, school or daycare facility, and therefore will be subject to waiving the separation requirement by the City Council Normally, I think we have that solidified as a condition so that it's clear to the Council and the petitioner as this moves forward that the Council needs a supermajority vote Mr Morrow There's an additional waiver required at the City Council level February 10, 2015 26712 Mr Wilshaw An item that would be in a typical approving resolution Mr Taormina That's an oversight on our part. Mr Wilshaw Okay So if we can add item number four that this item would be subject to waiving the separation requirement by the City Council Is the maker okay with that? Mr Bahr. For sure I'm glad Commissioner Wilshaw is here tonight. Mr Morrow Any other discussion? Seeing none, roll call please A roll call vote on the foregoing resolution resulted in the following AYES Bahr, Wilshaw, McIntyre, Smiley, Morrow NAYS Taylor ABSENT None ABSTAIN None Mr Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted We will be forwarding this to the City Council with an approving recommendation For the members of the audience, if you were notified of our meeting tonight, you will be notified of the City Council meeting, which will make the final decision as to whether this petition is approved or rejected So thank you for coming tonight. Mr Taormina No additional notices will be mailed out. They will have to contact the Council Office for the next meeting Mr Morrow All right. I stand corrected For the members in the audience, you will not be notified, but if you are interested in attending the Council meeting, notify the City Council wishing to be notified with the date, time and place when they will have it on their agenda Is that understood? Okay Thank you very much ITEM #2 PETITION 2015-01-02-02 MOD PIZZA Ms Smiley, Secretary, announced the next item on the agenda, Petition 2015- 01-02-02 submitted by TSFR Pizza, L L.0 requesting waiver use approval pursuant to Section 11 03(c) of the City of Livonia Zoning Ordinance #543, as amended, to operate a full service restaurant (MOD Pizza) at 13229 Middlebelt Road, located on the west side of Middlebelt Road between the CSX Railroad February 10, 2015 26713 right-of-way and Schoolcraft Road in the Northeast 1/4 of Section 26 Mr Taormina This petition, as well as the next petition, are both related to the same proposed business, MOD Pizza It is a request to operate a full service restaurant within a new retail center located on the west side of Middlebelt just south of Industrial Road The property is zoned C-2, General Business This is a multi-tenant commercial building that was constructed last year The building is about 6,150 square feet in size It was designed to accommodate three tenants Currently, only Del Taco is located within the building at the south end, which includes a drive-up window The center was also developed at the same time with an Applebee's free-standing restaurant located on a separate parcel immediately to the north The plan shows two buildings Applebee's is to the north The other retail center is the one located to the south, Parcel B That is the building that has three tenant spaces The area highlighted in red is the space that would be occupied by MOD Pizza There is one other smaller unit in between those two The two sites do share access and parking MOD Pizza would occupy a space at the north end It's about 2,600 square feet in overall size The layout for the restaurant shows a total of 70 customer seats All of those would be interior They are not proposing any outdoor seating, nor are they proposing any exterior modifications to the building other than some signage and possible awning replacements In terms of parking, what is required is the sum total of the various uses within the center For restaurants, that requirement is one space for every two customer seats, plus another parking space for every employee in the largest working shift. If it is a drive-up facility, we add two spaces for customers using the drive-up operation Del Taco would require 29 spaces When we look at the seating for MOD Pizza, the 70 seats plus the four employees, adds another 39 parking spaces Then if we assume that the remaining retail space will be used for general commercial purposes, which park at a ratio of one space for each 150 square feet of useable floor area, we're looking at about 7 more spaces When we add those three together, we're looking at 75 total spaces If we go back to the site plan, Parcel B does contain 75 parking spaces In the case of Applebee's, they were deficient in parking on that site, but they received a variance from the Zoning Board of Appeals We have revised renderings We talked about the plan at the study meeting and we asked the petitioner to provide any additional information he could relative to what the sign would look like and how they would possibly modify the awning They are showing a metal awning going above the glazing of the windows February 10, 2015 26714 and the main entryway There is a concept of the sign that I'm assuming would meeting the 32 square feet, but then when we look to the drawing at the bottom, we see a second sign that would be located on the north side of the building The second sign is not permitted by the ordinance so that is something that would require approval by the Zoning Board of Appeals There is a very similar type of maroon or red awning above the windows in that case Then on the backside of the building there is a very small identification sign for the pizzeria This is for the patrons that would park at the back of the center If you look at the floor plan, they have a back entrance to the restaurant and that would be accessible to the majority of the parking on this particular site, which is on the west side of the building With that, Mr Chairman, I can read out the departmental correspondence Mr Morrow. Please Mr Taormina There are three items of correspondence The first item is from the Engineering Division, dated January 14, 2015, which reads as follows "In accordance with your request, the Engineering Division has reviewed the above referenced planning petition We have no objections to the proposed site construction at this time The proposed plan indicates that project will consist of construction on the intenor of the existing building which will not require Engineering Department permits The legal description provided with the petition appears to be correct and is acceptable to this office The existing parcel is assigned a range of #13201 to #13229 Middlebelt Road for the individual units within the building The address of #13229 Middlebelt Road should be used in conjunction with this petition The existing structure is currently serviced by public utilities, which are to remain in place Should changes to the existing utility leads be needed, the owner will need to submit plans to the Engineering Department to determine if permits 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 January 14, 2015, which reads as follows "This office has reviewed the site plan submitted in connection with a request to operate a full service restaurant on property located at the above referenced address We have no objections to this proposal with the following stipulation Chapter 36, New Mercantile Occupancies, and Chapter 7, Means of Egress, must be conformed to which includes Emergency Exit Signs, Emergency Lighting, Exit Pathways, Travel Distance, Occupant Load, and Extinguisher Requirements NFPA 101, 2009 " The letter is signed by Daniel Lee, Fire Marshal The third letter is February 10, 2015 26715 from the Division of Police, dated January 14, 2015, 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 Joseph Boitos, Sergeant, Traffic Bureau That is the extent of the correspondence Mr Morrow. 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 Ryan Jones, TSFR Pizza, L.L.0 , 17800 Laurel Park Drive N , Suite 200 C, Livonia, Michigan 4800152 TSRF stands for Team Schostak Family Restaurants We operate a few businesses in the city I also have Jake Schostak with me He has the same address as me So we're open for any questions I will explain the construction side and he can answer any questions on the operations side that you might have Like Mark said, it is a 2,600 square foot pizza concept, all interior seating There's 70 seats There is obviously one restroom for each female and male There's a large oven that can cook the pizza very quick and I'll let Jake explain that process Construction-wise, all we're really proposing is to change the existing exterior awnings that are currently black for the whole center We would like to change those to a red just to change the look for the tenant space there in the center that's currently vacant. Right now we do not have any users for that space Obviously we're adding some signage to the building that you guys wanted to see from the last meeting We also improved the rear entrance door, which we feel customers will use that door We wanted to add some glass and sunlight there, put an identification sign there so they know what exactly they're entering from the rear So we've added that to the plan as well As Mark said, the majority of the parking is in the rear so we feel that door will actually get quite a bit of use so we want to make that attractive to customers I'll let Jake explain some of the operation pieces real quick to you guys Jake Schostak, TSFR Pizza, L L C , 17800 Laurel Park Drive N , Suite 200 C, Livonia, Michigan 48152 Good evening This is a new and very exciting pizza concept from Seattle The mastermind behind it is a former president of Starbucks and brought on board a team of people that he took from Starbucks as well as Qdoba and Chipotle It's in Seattle It only operates 30 restaurants right now and we would be bringing it to Michigan It was important to us to bring our first location to Livonia where we've been doing business for 60 years So think of this as the assembly line format like a Subway or a Chipotle if you've visited and you go February 10, 2015 26716 on in You can pick either one of our 10 signature pizzas, or if you wanted to you can create your own where it would then go into that large oven which can cook the pizzas at 3 to 5 minutes, then you can eat it fresh Each pizza is about a personal size There are three sizes so there's a miniature size which is more like a snack. There's a standard size, which is still a personal size pizza, as well as a larger size which is actually two pizzas stacked on top of each other So same size but more food Mr Morrow Any questions or comments of these gentlemen? Mr Bahr. First through the chair to Mark, if I may and then I'll have a question for them I just want to clarify the sign on the side of the building, the smaller sign that would be on the north side of the building Did I understand correctly that's an excess of what we would allow? They're just allowed the one sign according to the ordinance? Mr Taormina That is correct. Mr Bahr Okay So to the petitioner, I fully understand the reasoning for the sign in the back. I think that makes all the sense in the world I can understand asking for a waiver on that and I don't see an issue with that. The sign on the side, I'm questioning what the purpose of that is It's facing another building You're not going to have people walking from that direction Why is that sign necessary on the north side of the building? Mr Jones Actually, we had those same thoughts and we drove the sight lines many times We took photos to determine if it's worth spending money on a sign there, and we feel it is because as you're sitting at that intersection of Industrial Drive and Middlebelt, as soon as you cross that intersection you have full visibility of that side of the building I do have a photo here I know it's hard to see from there Mr Bahr I'm very familiar with the site Mr Jones Okay So we feel that it will pick up some customers Also, the Del Taco drive-thru wraps that entire building, and we do a majority of our business out of that drive-thru We feel that a sign there would pick up many eyes from that drive-thru with potential customers, not knowing exactly what MOD Pizza is because it's the first one in the state So the more signage we can get now, we feel the better to get the brand out there and make people aware of this concept and to grow this concept throughout Michigan February 10, 2015 26717 Mr Bahr People going through the Del Taco drive-thru will be going by the other two signs as well, right? Mr Jones It depends on what side of the site they enter If they enter from the south, they may see the front sign, correct. Mr Bahr. And then you'll also have a sign on the large sign you have out on Middlebelt. Mr Jones The monument sign, yes Mr Bahr Okay So that will be three signs Thanks Mr Wilshaw Mr Jones, as we're talking about the drive-thru lane and the rear entrance into MOD Pizza, I do have a slight amount of concern You're right. It's probably going to be a primary entrance into the facility because of the abundant parking behind there, but you're also going to have people walking across the drive-thru lane as the cars come around the corner Have you thought about any additional signage or warning signs or striping or things that would help a driver coming through that drive-thru lane to be cautious of pedestrians crossing the road? Mr Jones Yes That's a concern of ours, safety of course We have thought of that. We're definitely going to stripe out the walkway across there, and there's pedestrian crossing signs, the bright yellow signs, kind of like the diamond shape They make those signs now where they have lights on them and they are motion activated by people walking So we're definitely going to put some of those in the drive-thru lane so when cars pull up and a customer is coming, it will read the motion of the customer and those will blink at the car in the drive-thru lane Mr Wilshaw Okay Mr Jones That's one option we're looking into There's probably more We might raise the crosswalk there We've seen where they put lights in the actual crosswalk area Downtown Brighton has those I don't know if you're familiar with those, but that's another option we thought about as well So we're definitely going to plan something for safety We're not exactly sure which direction yet, but we're definitely going to do something Mr Wilshaw I think that's fair There's a number of things that you probably could do that would help It sounds like you've identified some of those and it sounds like you're willing to continue to explore February 10, 2015 26718 that and come up with a combination of controls that would make both the drive-thru and the pedestrian crossing as safe as possible for the patrons of the establishment, which is important because you want them to come back. As far as the rest of the design of the building, I don't have any particular questions Just one question for Mr Schostak. The name MOD Pizza, what does that stand for again? Mr Schostak. It stands for made on demand Mr Wilshaw Okay I read an article in Forbes that talked about the background of this business a little bit and it said that there's been a lot of financial commitment through a number of various investors to see this particular franchise expand in the country It sounds like you guys are on the forefront of that. That's correct, right? Mr Schostak: That's correct. It's one of the reasons why the opportunity was so attractive It's well capitalized It's an exciting brand, an exciting space and we definitely wanted to be pioneers Mr Wilshaw Excellent. Very good Thank you Ms McIntyre A question for Mr Taormina The issue of the signs —that would require Zoning Board approval, a variance for the second sign? Mr Taormina That's correct. Council would have to approve the site plan with the sign, and then after that it would require Zoning Board of Appeals approval Mr Morrow As long as we're on that subject, as far as the sign above the entrance from the parking lot, that's not construed as a sign It's more of a directional type thing? Mr Taormina I spoke with the Building Department on that and it will be treated more as a directional sign It's not visible from the public thoroughfares Ms Smiley. We're still on that subject, but is it because there's two signs or it was too much signage? Mr Taormina It's both It will be excess number of signs as well as total area Ms Smiley. Is it way over? Mr Taormina I believe it is 25 square feet over The sign on the front of the building would measure 32 square feet, which is the maximum February 10, 2015 26719 allowed The sign on the north side is 25 square feet. The variance would cover the second sign plus the additional 25 square feet. Ms Smiley. Thank you Mr Morrow Anyone else? Mark, it was brought out that they're asking to change the awnings Is that something we're involved with or will that be something City Council would do? Mr Taormina As long as you find it acceptable, they would have to concur with your recommendation to allow for the change Mr Morrow Because they are under obligations Mr Taormina I would have to go back and take a look to see if one particular color is specified in the previous resolution I don't believe that was the case I think there is some degree of flexibility on their part. I know you requested to see how it would match with the rest of the building Mr Morrow At any rate, the City Council can overcome that. Mr Taormina Yes That's correct. Ms McIntyre I understand the need to have a little bit of differentiation, and I think it's a sign that's helpful to the business I also think it's helpful to customers, right, because they can differentiate the businesses Is there a way to stipulate that whatever the color is, it has to be in harmony with the building? In other words, a red that blends in with the rest is good, but a garish hot pink is not. So is there a way for us to do that? Mr Morrow Yes I think they could bring in a sample of the material they're going to use on the awning to the City Council Ms McIntyre And a color sample Mr Morrow Yes Ms McIntyre Okay Mr Morrow Unless you have one here tonight. Mr Ryan I do not. February 10, 2015 26720 Mr Morrow. It's a good point. Make sure they get that when you bring it forward to the City Council Anyone else? Seeing none, is there anyone in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I will close the public hearing and ask for a motion On a motion by Taylor, seconded by Bahr, and unanimously adopted, it was #02-04-2015 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 10, 2015, on Petition 2015-01-02-02 submitted by TSFR Pizza, L L C requesting waiver use approval pursuant to Section 11 03(c) of the City of Livonia Zoning Ordinance #543, as amended, to operate a full service restaurant (MOD Pizza) at 13229 Middlebelt Road, located on the west side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road in the Northeast 1/4 of Section 26, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2015-01-02-02 be approved subject to the following conditions 1 That the Dimension & Paving Plan marked C-4 prepared by Professional Engineering Associates, as received by the Planning Commission on January 23, 2015, is hereby approved and shall be adhered to, 2 That the maximum number of customer seats shall not exceed a total of seventy (70) seats, 3 That an enclosed dumpster area shall be located within a practical walking distance from the restaurant and the distance and location shall be approved by the Inspection Department; 4 That this restaurant shall provide disposal of grease waste in accordance with Section 13 20 380 of the City Code of Ordinances, 5 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, 6 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, February 10, 2015 26721 7 That pavement markings or other safety precautions, such as signs and/or motion-activated lighting, be provided across the drive aisle and drive-up lane leading to the entrance on the north and west sides of the building for pedestrian safety purposes, and 8 That the color of the proposed awnings shall be consistent with the color rendering received by the Planning Commission on February 9, 2015, and any changes shall be separately submitted for review and approval by the Planning Department. Subject to the preceding conditions, this petition is approved for the following reasons 1 That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 11 03 and 19 06 of the Zoning Ordinance #543, 2 That the subject site has the capacity to accommodate the proposed use, and 3 That the proposed use is compatible to and in harmony with the surrounding uses in the area FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19 05 of Zoning Ordinance #543, as amended Mr Morrow Is there any discussion? Mr Taormina Can we ask the question regarding how trash is proposed to be handled? Are they going to share the dumpster with Del Taco? Secondly, to the maker of the motion, do you want to add any provisions about crosswalk safety, and maybe reference the color rendering, which I think was a concern of the Commission Those three items If we could maybe address those three items Would the petitioner answer the question regarding the trash enclosure? Mr Morrow Yes I think that's fair We'll call the petitioner back to address that question relative to how you'll be handling your trash Mr Jones Yes, I can speak for the actual dumpster area If you look at Applebee's, they actually have their own trash dumpster corral It is to the north It's part of the rear of the building of February 10, 2015 26722 Applebee's They literally walk out the rear kitchen door, and there's the dumpster, and they store trash and things in there If you look directly to the south, there is a trash corral there, I'll call it, with two doors Del Taco is using it currently and it will also be used by MOD and the vacant tenant space when a tenant comes in there So we have upsized that. It's its own separate area It has its own entrance door there to the south that ties onto the sidewalk. So it doesn't tie into Applebee's at all It's totally separate from their system And Del Taco, like I said, is using it now with no issues that we're aware of Mr Morrow Mark would you point that out? I didn't see the location Mr Wilshaw It's kind of light pink there Mr Taylor Mr Chairman, I thought we kind of covered that with Item 3 — shall be approved by the Inspection Department. I thought they'd probably figure out exactly where it should be Mr Taormina That's fine I just wanted confirmation because if they were going to place it in another location, I think it would be important for us to know that. Mr Morrow Okay And we've got all the additions to the approving resolution Mr Taormina Yes, we'll add the language relative to additional safety provisions at the crosswalk. Mr Morrow And the awning Mr Taormina Yes Ms McIntyre Would it be too much to ask in the comments about the pedestrian walkway that there be both lighting and differentiation in texture or elevation? Is that too restrictive to ask? Mr Morrow I think it would probably have to be something that Council would do I don't think they're prepared to speak to it tonight, but we're recognizing it and that hopefully by the time they get to the Council they will have finalized their plans If you want to enter something into the record as to what you would like to see Ms McIntyre My concern is, even with the light activated signs like they have in Brighton, there's still people who will ignore them and blow February 10, 2015 26723 through whereas a difference in grade or even the degree of smoothness, no necessarily a rumble surface, but something like that, gets attention It's amazing to me, just bright verbal cues, what people will ignore Mr Morrow. Thank you I think we have it now I think I can ask for the roll call Mr Morrow, 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 2015-01-02-03 MOD PIZZA LIQUOR LICENSE Ms Smiley, Secretary, announced the next item on the agenda, Petition 2015- 01-02-03 submitted by TSFR Pizza, L L C requesting waiver use approval pursuant to Section 11 03(h) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Tavern license (sale of beer and wine for consumption on the premises) in connection with a full service restaurant (MOD Pizza) at 13229 Middlebelt Road, located on the west side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road in the Northeast 1/4 of Section 26 Mr Taormina The inclusion of a Tavern license at this location would allow for the serving of alcohol, limited to beer and wine products only, for consumption on the premises The ordinance has a requirement that there not be any other establishments with the same type of license, whether it's a Tavern or Class C, within 1,000 feet. Applebee's is located immediately to the north They have a full Class C license But there is a provision in the ordinance that allows this section to be waived where the establishments are utilized primarily for restaurants So that would require an exception by the City Council with your recommendation Thank you We have one item of correspondence Mr Morrow. Okay Mr Taormina There is one item of correspondence from the Division of Police, dated January 19, 2015, which reads as follows "We have reviewed the plans in connection with MOD Pizza - Tavern Liquor License, located at 13229 Middlebelt Road (west side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road in the northeast quarter of Section 26) February 10, 2015 26724 After reviewing the plans with the Chief of Police, we have no objections to the waiver being granted, contingent 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 Officer Jeffrey W Ronayne, Special Services Bureau Thank you Mr Morrow. Are there any questions of the Planning Director? Will the petitioner please come forward? Would you like to add to anything you've heard so far, or tell us a little bit about the operation? Jake Schostak, TSFR Pizza, L.L.0 , 17800 Laurel Park Drive N , Suite 200 C, Livonia, Michigan 48152 Just as you heard, it's a Tavern license so our intention is to only serve beer and wine This is not a bar There will be no bar seating We won't be open past 10 00 p m in all likelihood I don't want to have the conception that we are a bar and that we're trying to promote a night life This is a family atmosphere The beer and wine is really there to be offered for dad or mom to take their family after work. It's not going to be in a reach-in cooler It's going to be draft and it will be right by the cash register so as you're ordering and paying, it will also be the opportunity to order wine or beer Mr Morrow. Are there any questions? Mr Taylor How does that draft situation work? Do you have to put money into it, or when you order your pizza, they automatically turn it on for you, or do one of your servers serve it? Mr Schostak: It will be behind the counter so we will always have somebody in the restaurant who is over 18 who will be able to serve beer and wine, and they will be the people pulling the tab It's not going to be through the customer Mr Taylor Because I've heard there's some taps now where you can serve yourself with it. Mr Schostak: I have seen those before Those have been in bars where you can only be 21 to enter and that will not be the case with MOD Pizza Mr Taylor. Thank you February 10, 2015 26725 Mr Wilshaw Mr Schostak, the business model of MOD Pizza, is it primarily that they serve a lunch crowd or is it that they serve a dinner crowd? I'm just trying to understand how this all fits in Mr Schostak: Sure It depends on the location Hopefully, if everything goes well, it's a good 50/50 split for us Some locations that I visited out west in Seattle have done a heavier lunch business, some have done a heavier dinner business I have no reason to believe that with Livonia and the location that we've chosen, hopefully we will be able to serve a good heavy medium between lunch and dinner Mr Wilshaw Okay And your thought is that the liquor sales, beer and wine, would most likely be for the dinner crowd, more so than the lunch crowd Mr Schostak: I would anticipate that, yes Mr Wilshaw. Okay Very good Thank you Mr Morrow Anybody else? Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I will close the public hearing and ask for a motion On a motion by McIntyre, seconded by Taylor, and unanimously adopted, it was #02-05-2015 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 10, 2015, on Petition 2015-01-02-03 submitted by TSFR Pizza, L.L.0 requesting waiver use approval pursuant to Section 11 03(h) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Tavern license (sale of beer and wine for consumption on the premises) in connection with a full service restaurant (MOD Pizza) at 13229 Middlebelt Road, located on the west side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road in the Northeast 1/4 of Section 26, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2015-01-02-03 be approved for the following reasons 1 That the use of a Tavern license at this location shall be permitted only under the circumstances that the standard set forth in Section 11 03(h) of the Zoning Ordinance, which specifies any such use shall not be located within February 10, 2015 26726 1,000 feet of any other such licensed establishment, is waived by the City Council, 2 That the subject site has the capacity to accommodate the proposed Tavern license, 3 That the proposed use of a Tavern license is compatible to and in harmony with the surrounding uses in the area, and 4 That the proposed Tavern licensed establishment would be utilized primarily as a restaurant. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19 05 of Zoning Ordinance #543, as amended Mr Morrow, 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, and good luck. ITEM #4 PETITION 2015-01-02-04 WADE SHOWS, INC Ms Smiley, Secretary, announced the next item on the agenda, Petition 2015- 01-02-04 submitted by Wade Shows, Inc requesting waiver use approval pursuant to Section 11 03(1) of the City of Livonia Zoning Ordinance #543, as amended, to conduct a carnival in the parking lot of Sears, sponsored by the Livonia AM Rotary Club, consisting of amusement rides, games and food concessions from April 29, 2015 through May 10, 2015, inclusive, on property at 29500 Seven Mile Road, located on the northwest corner of Seven Mile Road and Middlebelt Road in the Southeast 1/4 of Section 2 Mr Taormina This is an annual request by the Livonia Rotary Club to hold a fundraising carnival in the front parking lot of Sears The carnival operator would be Wade Shows, Inc The City did grant approval at this same location last year Carnivals are treated as a waiver use They are allowed as an open air business pursuant to Section 11 03 but subject to Planning Commission and City Council approval They are limited to a period of up to two weeks, and the duration of this year's carnival would be 12 days, from April 29 thru May 10 The hours of operation are as stipulated in the application Monday through Friday from 4 00 p m to 11 00 p m and Saturday & Sunday, from 12 00 p m to 11 00 p m The layout of the carnival is provided in your packet. February 10, 2015 26727 It is basically occupying an area of 660 feet by 300 feet near the intersection of Seven Mile and Middlebelt. As a condition of approval for last year's carnival, the temporary housing and storage of other trucks and equipment was relocated from the rear parking lot on north side of Sears near St. Martins to the southwest portion of the Sears parking lot adjacent to Seven Mile The RV and equipment storage area was moved to a lot adjacent to Seven Mile Road There were complaints from the previous year when it was located in the back parking lot near St. Martins, so it was relocated to the front, and their proposal this evening does have that storage area located in the front parking lot near Seven Mile Road With that, Mr Chairman, I can read out the departmental correspondence Mr Morrow. Yes Let's read out the correspondence Mr Taormina There are four items of correspondence The first item is from the Engineering Division, dated January 15, 2015, which reads as follows "In accordance with your request, the Engineering Division has reviewed the above referenced waiver use approval request. The address of #29500 Seven Mile Road is correct for the subject parcel and should be used in connection with this petition The legal description provided for the property does not close per surveying standards, but is sufficient to describe the parcel for this petition We have no objections to the proposed petition, although the following items should be noted (1) Should the carnival have the need to occupy, or should any of the associated activities impact either of the Seven Mile Road or Middlebelt Road right-of-way, a permit from Wayne County will be required as both roads are under their jurisdiction (2) All sanitary sewage from the site, recreational vehicles or campers shall be disposed of properly (3) Should the operators need to have water provided for their facilities, they should contact the City of Livonia Water Department to obtain the proper equipment, including a water meter with backflow preventer" The letter is signed by David W Lear, P E , Assistant City Engineer The second letter is from the Livonia Fire & Rescue Division, dated January 21, 2014, which reads as follows "This office has reviewed the site plan submitted in connection with a request to conduct a carnival on property located at the above referenced address We have no objections to this proposal with the following stipulations Any site specific issues will be addressed during the Life Safety inspection " The letter is signed by Daniel Lee, Fire Marshal The third letter is from the Division of Police, dated January 15, 2015, which reads as follows "I have reviewed the plans in connection with the petition I have no objections to the February 10, 2015 26728 proposal " The letter is signed by Joseph Boitos, Sergeant, Traffic Bureau The fourth letter is from the Inspection Department, dated February 6, 2015, which reads as follows "Pursuant to your request, the above-referenced petition has been reviewed This Department has no objections to this Petition " The letter is signed by Jerome Hanna, Assistant Director of Inspection That is the extent of the correspondence Mr Morrow Are there any questions of the Planning Director? Seeing none, I'm going to call the petitioner forward We will need your name and address for the record please Joanna Hardesty, Wade Shows, Inc , 4277 E M-36, Pinckney, Michigan 48169 Good evening Also with me this evening is Pat Zucal He is the President of the Livonia AM Rotary Club Mr Morrow. Thank you You've heard the presentation Is there anything you'd like to add or subtract to what you've heard so far? Ms Hardesty. No, other than what was stated in the reports We do follow all those We don't utilize the right-of-way in the roads and we did relocate our housing area to the Seven Mile area to bring it away from the residential The concern was the noise from the generators and that is no longer an issue Mr Morrow. So basically that's really the only change to your operation from last year? Ms Hardesty. Actually, we did that last year That was a change we made last year and we plan to continue that again this year Mr Morrow I'm glad you cleared that up because I was thinking it was approved last year in the opposite direction Ms Hardesty. No Mr Morrow. So you're bringing that forward again Ms Hardesty. Yes Mr Morrow- Anything else before I go the Commission? Pat Zucal I would like to say that this is our fourth year of the carnival, and we raise a substantial amount of money and we put it back in the community We have a food bank at Emerson School We give money to the LPS Foundation We give money to the schools We support the YMCA. We do a lot of good with the February 10, 2015 26729 money that we do raise from this carnival It's very important to our club Mr Morrow. Thank you for those comments It's nice to have that as part of the record Are there any other questions for the petitioner? Mr Wilshaw Is security provided for at this site during the carnival and who provides it? Ms Hardesty We do contract with the Livonia PD for that, so yes Mr Wilshaw Okay Thank you Mr Morrow Anyone else? Is there anybody in the audience that wishes to speak for or against the granting of this petition? Nicholas Thornton, 29579 Nottingham Circle, Livonia, Michigan For those of you that are paying close attention, that is the condo complex immediately north of the Sears parking lot that is about 400 feet from where those generators were So we were very appreciative to have those generators moved I don't care so much about the housing, just the noise, being moved to the south side I'm happy to see that's on the docket to be continued The only thing that I would just kind of like to comment on is that the April 29 thru May 10 is the date of the carnival, but those trailers, generators, cables, equipment do start showing up approximately two days before and do leave approximately two days after So for whatever that's worth Thank you Mr Morrow Anyone else? Seeing no one coming forward, I will close the public hearing and ask for a motion On a motion by Wilshaw, seconded by Taylor, and unanimously adopted, it was #02-06-2015 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 10, 2015, on Petition 2015-01-02-04 submitted by Wade Shows, Inc requesting waiver use approval pursuant to Section 11 03(1) of the City of Livonia Zoning Ordinance #543, as amended, to conduct a carnival in the parking lot of Sears, sponsored by the Livonia AM Rotary Club, consisting of amusement rides, games and food concessions from April 29, 2015 through May 10, 2015, inclusive, on property at 29500 Seven Mile Road, located on the northwest corner of Seven Mile Road and Middlebelt Road in the Southeast 1/4 of Section 2, which property is zoned C-2, the Planning Commission does hereby recommend to the February 10, 2015 26730 City Council that Petition 2015-01-02-04 be approved subject to the following conditions 1 That the carnival shall be limited to the dates as specified by Wade Shows, Inc , which are April 29, 2015 through May 10, 2015, inclusive, 2 That the proposed carnival operation shall be confined to the area as illustrated on the plans received by the Planning Commission on January 14, 2015, 3 That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 60 feet distant from the Seven Mile and Middlebelt Roads right-of-way lines, 4 That the temporary housing and storage of other trucks and equipment associated with the carnival shall be parked or stored within the extreme southwestern portion of the Sears parking lot, but no closer than 60 feet from the Seven Mile Road right-of-way line, 5 That the hours of operation shall be limited to the following Monday through Friday from 4 00 p m to 11 00 p m , and on the weekends, Saturday and Sunday, from 12 00 p m to1100pm , and 6 That access to fire hydrants is provided for the Fire Department. Subject to the preceding conditions, this petition is approved for the following reasons 1 That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 11 03 and 19 06 of the Zoning Ordinance #543, 2 That the site has the capacity to accommodate the proposed use, 3 That the use of the subject property for carnival purposes will not interrupt the normal traffic flow and circulation in the area and will not impede access to Sears or Livonia Marketplace, and February 10, 2015 26731 4 That no reporting City department objects to the proposed use FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19 05 of Zoning Ordinance #543, as amended Mr Morrow. Is there any discussion? Mr Wilshaw Just a brief comment that I think the decision by the Rotary and Wade to relocate the housing and the generator for that housing area to the front of Sears has made this particular item a lot more palatable to the residents who live nearby, and I appreciate their effort to work with the residents to come up with a location that's better for everybody Thank you Mr Morrow, 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. We wish you luck and well That concludes our public hearing We now move on to the miscellaneous item ITEM #5 PETITION 2015-01-08-01 MAMA MIA RESTAURANT Ms Smiley, Secretary, announced the next item on the agenda, Petition 2015- 01-08-01 submitted by John Verdouniotis requesting approval of all plans required by Section 18 58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to remodel the exterior of the restaurant (Mama Mia) at 27770 Plymouth Road, located on the north side of Plymouth Road between Inkster Road and Cardwell Avenue in the Southeast 1/4 of Section 25 Mr Taormina This petition involves renovations to the exterior of an existing commercial building, Mama Mia Restaurant and Banquet Center, located at the corner of Plymouth Road and Cardwell Cardwell is located about three blocks west of Inkster Road The changes would affect the front, which is the south elevation facing Plymouth Road, as well as the two side elevations, east and west. The only work shown on the rear or north elevation involves repainting the existing exterior block to match the new color scheme The site plan shows where the building is situated at the westerly end of the site, close to Cardwell Avenue Mama Mia also owns some of the parking to the west on the opposite side of the street. So not only do they have February 10, 2015 26732 parking on the east side of the building, they also have parking available to the west on a separate lot. The existing building has what would appear to be a brick façade It also has some aggregate panels which are the lighter brown vertical elements that run along the side of the building and portions of the front of the building But this is mostly a brick material, both full brick as well as a panel brick or half brick, which is beginning to fail in several areas, mostly along the side of the building This rendering shows what the building would look like after the renovations are complete The most noticeable change would be raising the parapet wall along the façade to create matching tower elements, one at the southeast corner of the building and one at the southwest corner of the building The parapets would be increased about 4 to 5 feet bringing the overall height to about 23'-8" Each of these elements is about 26 feet in length Right now there is only a very small area of the building in the southeast corner which extends above the roofline So that would be extended along that corner of the building and then another tower element would be added to the southwest corner, which is the area where the banquet hall is shown on this plan The majority of the front and side walls of the building would have an EIFS finish over what is now the brick material and in some areas the half brick. As I indicated, the thin brick is beginning to fail in several areas especially along the west side of the building Other changes would include layered crown moldings along the top 3 feet of the towers What I'm referring to is that top portion of the parapet. The other major change is the addition of decorative archways and half columns that would separate each of the arches The lower wall sections around the building would be reinforced EIFS and a material called "Creative Granite " I'll let the petitioner describe what the "Creative Granite" is I'm assuming he brought a sample of it. The area below the archways and between the pillars would be full brick. There is brick behind the half-brick. The contractor is going to strip off the panel brick, expose the underlying brick on the building, and then paint that area That's the darker color that you see on the plan in the area between the columns and beneath the arches The same treatment would be provided to some extent along the east side of the building Landscaping would be added along the front to help soften the view The same kind of landscape treatment would be added along the west side of the building The color scheme is a combination of brown and lighter beige The black trim elements would be provided around the windows, the door frames, the coping up on top of the crown molding and the awning With that Mr Chairman, I can read out the correspondence February 10, 2015 26733 Mr Morrow. Yes Mr Taormina There are four items of correspondence The first item is from the Engineering Division, dated January 20, 2015, which reads as follows "In accordance with your request, the Engineering Division has reviewed the above-referenced planning petition We have no objections to the proposed site renovation at this time The proposed plan indicates that project will consist of renovating the extenor of the building which will not require Engineering Department permits The legal description provided with the petition appears to be correct and is acceptable to this office The existing parcel is assigned an address of #27770 Plymouth Road that should be used on conjunction with this petition The existing structure is currently serviced by public utilities, which are to remain in place Should changes to the existing utility leads be needed, the owner will need to submit plans to the Engineenng Department to determine if permits will be required " The letter is signed by David Lear, P E , Assistant City Engineer The second letter is from the Livonia Fire & Rescue Division, dated January 16, 2015, which reads as follows "This office has reviewed the site plan submitted in connection with a request to remodel the exterior of the restaurant on property located at the above referenced address. We have no objections to this proposal with the following stipulation Any site specific issues will be addressed during the Life Safety inspection " The letter is signed by Daniel Lee, Fire Marshal The third letter is from the Division of Police, dated January 20, 2015, 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 Joseph Boitos, Sergeant, Traffic Bureau The fourth letter is from the Inspection Department, dated January 30, 2015, which reads as follows "Pursuant to your request, the above-referenced petition has been reviewed The following is noted (1) The parking lots (both East and West) shall be required and restriped as necessary Parking spaces shall be 10' wide and 20' deep and double striped (2) This plan does not make provision for a dumpster(s) or dumpster enclosure(s) The Commission and or Council may wish to determine how trash disposal will be maintained at this site (3) The signage proposed exceeds the maximum amount permitted by the Zoning Ordinance A variance from the Zoning Board of Appeals would be required to maintain the excess signage (4) The existing thin brick system that is on the exterior is in failure This must be removed before installation of the EIFS system The EIFS system is recommended to be the reinforced type at the areas near the ground and around windows and doors This Department has February 10, 2015 26734 no further objections to this petition " The letter is signed by Jerome Hanna, Assistant Director of Inspection That is the extent of the correspondence Mr Morrow Are there any questions? Seeing none, the petitioner can come forward We will need your name and address for the record please John McMullan, Extreme Building & Design, 2864 Courville Drive, Bloomfield Hills, Michigan 48302 Hello Mr Morrow. Is there anything you'd like to add to what you've heard so far? Mr McMullan As you see on the existing rendering, what it looks like now They've been in business for 39 years and it's a tired look. Obviously it needs some updating and also with the concern of the half brick that is on there that is failing, which is part of the provision, would come off before the new system would go on The signage we would keep it of course to whatever the sizes notated by the local ordinances What's on here is conceptual The material that's under the windows is Creative Granite It's basically a ceramic bead finish with microchips in it. I do have a sample here if you want me to pass that around Also I have a couple samples here of the actual colors that are Sherwin Williams colors as well if you'd like to see those Mr Taylor Again, the renderings we have are not near the colors Is that what you're saying? Mr McMullan They're close As close as I guess you can get with the computer Mr Taylor. Where's the white at? Mr McMullan There is no white It is a cream color It's a light tan Mr Taylor Well, where's the cream color? Is the tan the cream color? Mr McMullan Yes Correct. Ms Smiley. Is the granite on Andiamo's restaurant here on Seven Mile? Mr McMullan Yes, it is If you see there's some 3D sunflowers that are on it that has the coating on it. We made those We carved those years ago, as well as doing the exterior of the building Ms Smiley. Okay Thank you February 10, 2015 26735 Mr Taormina Mr Chairman, if I may? Mr Morrow. Yes Mr Taormina I'm glad he clarified that because I did visit Andiamo's and for the life of me I didn't see where this same material had been used on the building I did look up at the carvings and thought maybe, if it was anywhere, it was there So I'm glad he noted that because the building has EIFS that goes down to grade and it is damaged It is showing some signs of wear, but it's not the Creative Granite Mr Morrow. So this is being upgraded Mr Taormina If I understand this correctly Mr McMullan Can I explain something too? On the details, on the last page, I don't know if that's on there or not. Do you have the details? Yes Okay What our company likes to do where the foam meets the ground, we put a cement board, laminate it over top of the foam, which makes it impact resistant and extremely hard Then we do our coatings over top of that so we don't have those issues that you see on the Andiamo's there and you see frequently at strip malls and what not. Mr Morrow As long as we're on that subject, you're using two different types of reinforcement. Mr McMullan That's correct. Mr Morrow. One has got the reinforcement over the actual board, and then it's redone from there, and the other one is the new product. Mr McMullan Yes, the granite coating Yes, sir Mr Morrow. And that's the one that's below the windows? Mr McMullan That's correct. Mr Morrow And those two colors represent the color scheme, and this is just what it looks like without any color Mr McMullan The sample you're holding there is the actual sample of the Creative Granite Mr Morrow But it will be colored? February 10, 2015 26736 Mr McMullan It is just like that. Mr Morrow. Oh It will be just like this one Mr McMullan Yes On the rendering it shows underneath the windows there the actual product. Mr Morrow That clears that up Okay These are the other colors Mr Wilshaw. The brick elements that will be exposed and painted, are they going to be similar to this color? Mr McMullan Yes, they are They will be that color Mr Wilshaw. They will be this color Mr McMullan Yes Mr Wilshaw And are you going to paint them with something? What kind of paint are you using? Mr McMullan We use a masonry primer which adheres to the brick solid And then we use an exterior masonry paint which is made just for that and is made to hold up and withstand the elements Mr Wilshaw. What sort of longevity do you expect the paint to have? Mr McMullan Anywhere from 10 to 15 years is the standard for it. Mr Wilshaw Okay And that would be similar to the longevity that you would expect out of the E I F S or any of the other elements that you're using? Mr McMullan Yes, I would expect at least 15 to 20 years on that. Mr Wilshaw Okay Thank you Mr Morrow. Any other questions or comments? Mr Taormina Mr Chairman, just one quick question to the petitioner Mr Morrow. Sure Mr Taormina. The brick that will be on the exterior and painted, it contains a lot of mastic adhesive Does all of that get removed? February 10, 2015 26737 Mr McMullan Correct. It has to be removed down to the surface, and then the coatings go on top of that. Mr Taormina Yes They've stripped a lot of the panel brick or at least one area has been stripped, and you can see where the thin brick had been applied on top of the original four-inch brick and it left a lot of mastic adhesive on the brick that will all have to be scrapped off or treated Mr Morrow I think if it's done right it will be a nice fit. Mr McMullan Absolutely Definitely better than what they have now What's there that's failing is actually beginning to become a danger factor It's right near the sidewalks Mr Wilshaw Just a quick question about the dumpster You currently have a dumpster on site Is there an enclosure around the dumpster at present? Mr McMullan No, there is not. Mr Wilshaw Would you be willing to consider putting an enclosure around that dumpster that would be made of a material similar to the building? Mr McMullan Yes Yes, absolutely That's something that we were discussing and I do have one of the owners here as well to confirm that, but yes Mr Wilshaw Okay Good It seems like you're making a really nice investment in the property to upgrade the appearance of it, and I think it will be a very attractive end result for that area and for the restaurant itself, which is an excellent restaurant by the way And it's been in business for many, many years To have a dumpster sitting out in the parking lot after this beautiful improvement just seems like it would be a tragedy to not address that as well So thank you Mr Morrow. And if it works out, you hope there will be an increase in the amount of trash that will be put in there Ms Smiley. I appreciate your pictures I was wondering, is that your landscape plan too? Mr McMullan That is the concept, to do an arborvitae-type look there to give it a little bit of height and soften the look of the building February 10, 2015 26738 Ms Smiley. Okay Do we need a landscape plan? Mr Taormina No I think this would suffice If you want to reference it in the resolution, we would be happy to do that. Ms Smiley. Okay, great, because it is really, really attractive It's important that you get them inside because it's a very good restaurant. Thank you Ms McIntyre One thing I'd like to add in absence of a landscaping plan, the importance then of keeping up the landscaping because nothing is worse than a beautiful new building and then the first few months or the first year or two years, the landscaping looks good, and then by the third year, it doesn't and then it detracts So in absence of that, I'd just ask you to consider that, and thank you so much I think it's going to look great. Mr Bahr This is really just a clarifying comment. I'm sure they're aware of this, but you made the comment in your initial comments about you'd conform to all signing I believe what you're showing here actually requires a variance because of the second sign, and I think you would want that because you want that banquet hall I don't think it will be an issue, but I just wanted to make sure you were aware of that based on your comment. Mr McMullan Yes We're aware and that's something we would have to tackle separate Mr Bahr And then just to avoid having to ask for the floor again later, I'll just make a comment now I think this is just one more example of what we all love seeing The Middlebelt corridor has been talked about so much, but now here just recently we're seeing more it has I know why he's laughing But here in the last month, month and half, we've seen now two projects for that southeastern portion of the City I think it speaks to the strength of Livonia that this aging landlocked community, that we're seeing this reinvestment coming into the older sections So I really thank you for being a part of that. That's all I have to say ' Mr Morrow' Thank you, Mr Bahr Mr Taylor I think Mr Wilshaw talked about the dumpster, but I didn't quite get it exactly There is a dumpster there now, right? Mr Wilshaw. Right, but no enclosure Mr Taylor. But no enclosure February 10, 2015 26739 Mr Wilshaw They're willing to put one in Mr Taylor So are we going to include that in our resolution? Mr Taormina Yes, we'll have to add that language Mr Taylor I think we should Mr Morrow Anything else? Is there anybody in the audience that wishes to speak for or against the granting of this petition? If you would give us your name and address You know the routine Christopher Martin, 12275 Inkster Road, Livonia, Michigan 48150 Thank you, Lee Yes, I do know the routine I'm excited about this You know, for quite a number of years when it did meet, I would go to those Plymouth Road Development Authority's meeting, the PRDA meetings Millions of dollars have been spent along Plymouth Road there The reality of it is there's more vacancies on Plymouth Road than ever before So I think this is great. Many times I've seen the discussions where things have been nitpicked to death Talked about signs and the dumpster There are more signs on Plymouth Road than ever before and you know what they say? For sale or lease, available, vacant. Those are the signs that you see on Plymouth Road You're correct. A lot of the development is in different areas of the city, on Middlebelt there, Haggerty Road, places like that. But I'm really in favor of this, and also I spoke on behalf of the four-story hotel that would be down the street from me on the southwest corner of Inkster and Schoolcraft because, I mentioned to you as I did City Council, is that if you went on the north side of Schoolcraft there, you would see the vast majority of a strip mall that is vacant, just as you would along Plymouth Road More vacant buildings than ever So as far as the dumpster enclosure, I think Mr Kritzman is going to pick up on that when it gets to City Council The signs, if the guy wants a little extra signage, that's fine with me Once again, there's vacant signs all along Plymouth Road So I'm definitely in favor of it and I hope that this goes through and helps that entire area over there Kind of jump-starts Plymouth Road heading from close to Inkster there further west. So thank you Mr Morrow Thank you, Mr Martin Does anyone else wish to speak for or against the granting of this petition? Seeing no one coming forward, I'm going to ask for a motion On a motion by Wilshaw, seconded by Bahr, and unanimously adopted, it was February 10, 2015 26740 #02-07-2015 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2015-01-08-01 submitted by John Verdouniotis requesting approval of all plans required by Section 18 58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to remodel the exterior of the restaurant (Mama Mia) at 27770 Plymouth Road, located on the north side of Plymouth Road between Inkster Road and Cardwell Avenue in the Southeast 1/4 of Section 25, be approved subject to the following conditions 1 That the Elevation Plan marked El dated December 2, 2014 prepared by Extreme Building & Design, is hereby approved and shall be adhered to, 2 That the Elevation Plan marked E2 dated January 2, 2015 prepared by Extreme Building & Design, is hereby approved and shall be adhered to, 3 That shrubs or bushes similar to the ones shown on the submitted renderings shall be planted along the front and west side of the building, and all landscaped areas shall be permanently maintained in a healthy condition, 4 That the site's trash dumpster area shall be fully enclosed and the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained, and when not in use closed at all times, 5 That the issues as outlined in the correspondence dated January 30, 2015 from the Assistant Director of Inspection shall be resolved to the satisfaction of the Inspection Department and/or Engineering Department; 6 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, 7 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, February 10, 2015 26741 8 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, 9 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 Mr Morrow Is there any discussion? Mr Wilshaw I do have a couple other items that I'm going to add on to the approving resolution We're going to add that a dumpster enclosure made of similar materials that complement the building shall be included around the dumpster with metal gates that shall be closed at all time — our standard verbiage for dumpsters That any installed landscape as part of this shall be maintained and irrigated at all times Also, there was a letter from the Inspection Department that gave a number of bullet points and I believe normally we would include that as well in our approving resolution that the items referenced in that letter from the Inspection Department also should be complied with Mr Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted It will go on to City Council with an approving resolution Ms Smiley. Just one thing You verbally said that you're going to put landscape and the dumpster enclosure Could we have your name and address for the record? You said you were a co- owner That's just housekeeping Nancy Silvestri, Mama Mia Restaurant, 27770 Plymouth Road, Livonia, Michigan 48150 Hi everybody Ms Smiley. Thank you Ms Silvestri Thank you everybody Mr Morrow I think you indicated you've been in business here 60 years? Ms Silvestri The place has been there for over 60 years Mr Morrow I think the City is going to have their 65th birthday So you just about came in with the new city February 10, 2015 26742 Ms Silvestri Yes Thank you very much Mr Morrow When do you expect to start the renovation? Ms Silvestri Soon Once you give us approval, we'll be starting on it. Mr McMullen The plans are ready to go We're just waiting on approval Ms Silvestri I know with Bongero they come there too and they have a lot of inspectors from Livonia, so come please see us I'd love to see you there Mr Taormina Mr Chairman, if we would request a seven-day waiver, that would help them out. Mr Morrow Okay Well, if you're ready to put a shovel in the ground or whatever you're going to do, we'll see if the Commission will offer that resolution Ms Silvestri Alright. Thank you very much On a motion by Smiley, seconded by Taylor, and unanimously adopted, it was #02-08-2015 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 2015-01-08-01 submitted by John Verdouniotis requesting approval of all plans required by Section 18 58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to remodel the exterior of the restaurant (Mama Mia) at 27770 Plymouth Road, located on the north side of Plymouth Road between Inkster Road and Cardwell Avenue in the Southeast 1/4 of Section 25 Mr Morrow Any discussion? Mr Taormina Mr Chair, if I could just explain what that does That will allow this resolution to be adopted immediately basically, which we could then forward your request to the City Council This will still have to go before the City Council, but it shortens that time frame by a couple weeks We'll let you know what the rest of the schedule will be, but that should speed things along for you Mr McMullen When is the City Council meeting? February 10, 2015 26743 Mr Taormina That will have to be scheduled Mr Morrow In other words, we're expediting our approval so it's going directly to them, and they can immediately get a schedule for your next hearing Ms Silvestri Thank you very much Ms Smiley. Will you be open during the renovation? Ms Silvestri Oh, yes We only close during Christmas Ms Smiley. Do you want to take vote on the seven day waiver? Mr Morrow Yes Mr Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted It will go on to City Council with an approving resolution Now you're all set. Thank you ITEM #6 APPROVAL OF MINUTES 1,066TH Public Hearings and Regular Meeting Ms Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,066th Public Hearings and Regular Meeting held on January 13, 2015 On a motion by Bahr, seconded by McIntyre, and unanimously adopted, it was #02-09-2015 RESOLVED, that the Minutes of 1,066th Public Hearings and Regular Meeting held by the Planning Commission on January 13, 2015, are hereby approved A roll call vote on the foregoing resolution resulted in the following AYES Bahr, McIntyre, Wilshaw, Taylor, Smiley, Morrow NAYS None ABSENT None ABSTAIN None Mr Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted February 10, 2015 26744 On a motion duly made, seconded and unanimously adopted, the 1,067th Public Hearings and Regular Meeting held on February 10, 2015, was adjourned at 8 47 pm CITY PLANNING COMMISSION t( 1 /, Carol A. Smiley, `ecretary r ATTEST Cn�J`� R. Lee Marrow, Chairman