HomeMy WebLinkAboutPLANNING MINUTES 2012-06-26 •
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IP"\ MINUTES OF THE 'I,026TH PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, June 26, 2012, the City Planning Commission of the City of Livonia
held its 1,026th 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 Ashley V Krueger R. Lee Morrow
Lynda L. Scheel Carol A. Smiley Gerald Taylor
Ian Wilshaw
Members absent: None
Mr Mark Taormina, Planning Director, was 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 2012-06-02-14 JOE'S MEAT & SEAFOOD
Ms. Scheel, Secretary, announced the first item on the agenda, Petition 2012-06-
02-14 submitted by Joe's Meat & Seafood requesting waiver
use approval pursuant to Section 10 03(g) of the City of Livonia
c
(_) .
Zoning Ordinance #543, as amended, to utilize an SDM liquor
_ license (sale of packaged beer and wine) at 33066 Seven Mile
-- Road within the Maiorana shopping center, located on the north
side of Seven Mile Road between Farmington Road and
PIS
Mayfield Avenue in the Southwest 1/4 of Section 3
June 26, 2012
25215
eiNN Mr Taormina This first petition this evening involves a request to utilize a
Specialty Designated Merchants license at Joe's Meat &
Seafood, which is within the Maiorana shopping center complex
on the north side of Seven Mile Road between Farmington
Road and Mayfield Avenue This is about a five acre site
located at the northeast corner of Seven Mile and Shadyside. It
contains a combination of zoning categories. 0-2, which is
where the main Joe's Produce building is located on the
westerly portion of the site, and C-1, Local Business, which is
the zoning category where the shopping center is located and
where this petition is involved Then there is a parking district
located to the rear of the complex. The multi-tenant building is
about 17,000 square feet. Joe's Meat & Seafood occupies the
westerly end cap The request to utilize an SDM license at this
location is subject to a waiver use under Section 10 03(g) of the
Zoning Ordinance There are a few requirements for that. One
is that the use cannot be located within 500 feet to any existing
SDM licensed establishment as measured from the nearest
point on the building proposed to be licensed to the building in
which the existing licensed establishment is located There is
one existing SDM liquor license within the specified distance
That is Joe's Produce, which is located about 50 feet from the
te"'N Joe's Meat & Seafood unit. There are two other establishments
with SDM licenses, Wintergarden Tavern as well as Hellenic
Grocery Both of those are just outside of the 500 foot
separation requirement. The other requirement is that the use
must be at least 400 feet from any church or school building
measured in the same manner Open Arms Church is located
directly across from the shopping center on the south side of
Seven Mile Road and is approximately 350 feet from the
proposed use. Because the proposed SDM license at this
location is within 500 feet of an existing SDM licensed
establishment and also within 400 feet of a church, approval of
this request will have to be subject to the waiving of these
separation requirements by the City Council and that would be
by a supermajority vote in which two-thirds of the members
concur With that, Mr Chairman, I'll answer any questions you
might have or go right to the correspondence
Mr Morrow That would be perfect if you went to the correspondence
Mr Taormina. There are three items of correspondence. The first item is from
the Engineering Division, dated June 18, 2012, which reads as
follows. "In accordance with your request, the Engineering
Division has reviewed the above-referenced waiver use
filli approval petition to utilize an SDM liquor license No exterior
site work is anticipated with this remodeling. The written legal
description provided is correct, and describes the entire
June 26, 2012
25216
eN property To more accurately describe the exact premises, the
following wording can be added to the written legal description.
More specifically, that 4,855 square feet located at the west end
of the building and bearing the address of 33066 Seven Mile
Road The address for this site is confirmed to be 33066 Seven
Mile Road We are providing the owner, for informational
purposes, a copy of Section 13 42 of the City Ordinances. This
Ordinance limits the amount of Fats, Oils and Grease (F 0 G)
which can be discharged to the City sanitary sewer system to
100 milligrams per liter by weight, and provides information on
grease trap/interceptor requirements. The Ordinance can also
be viewed on our website at www.ci.livonia.mi.us. The
petitioner is hereby notified (via copy of this correspondence)
that any site changes which would impact public utilities, road
right-of-way, easements, or changes in storm or sanitary sewer
volumes must be approved by the Engineering Division of
Public Works. Should this project proceed, it is important that
the developer's architect/engineer address storm water
drainage changes as a result of future site changes, to ensure
that there is no negative drainage impact to any property " The
letter is signed by Kevin G Roney, P E., Assistant City
Engineer The second letter is from the Livonia Fire & Rescue
Division, dated June 15, 2012, which reads as follows. "This
office has reviewed the plans for approving this petition
requesting waiver use approval to utilize a SDM liquor license in
connection with a meat market at the above referenced
address. I have no objections to this proposal " The letter is
signed by Earl W Fester, Fire Marshal. The third letter is from
the Inspection Department, dated June 26, 2012, which reads
as follows. "Pursuant to your request, the above-referenced
petition has been reviewed The following is noted (1) The
petitioner is located closer than 500 feet from another SDM
licenses establishment. This may be waived by City Council
(2) The petitioner is located closer than 400 feet from an
existing church A super majority of Council would be required
to waive this requirement. This Department has no further
objections to this petition " The letter is signed by Jerome
Hanna, Assistant Director of Inspection That is the extent of
the correspondence
Mr Morrow Are there any questions for the staff?
Mr Taylor If I may through the Chair, Mark, actually these already exist
through Joe's Produce, that they already gave this license to
ea'S Actually, they're within 100 feet of the existing license Right?
Mr Taormina. That is correct.
June 26, 2012
25217
Mr Taylor. Thank you
Mr Morrow. Would they have to waive that requirement?
Mr Taormina At the time the SDM license was granted for Joe's Produce, I
don't think the church existed across the street, and I'm not sure
if the produce store was within 500 feet of the other two licensed
businesses. So there may not have been a requirement to
waive at that time When the Class C license was granted for
Joe's Produce, I think there were some waivers issued for that.
Mr Morrow. Okay Thank you Any other questions?
Ms Smiley. The issue about the fats, oil and grease, isn't that really about
the construction?
Mr Taormina It doesn't apply in this particular case He's not making any
building changes. This is just for the beer and wine products.
Ms Smiley. And the reason he needs to get a second license is because it's
not all under the same roof I mean, he owns it all
r'S Mr Taormina. Yes, that is the case He did attempt to use the existing license
at this new location, but because of the separation requirement
and the fact that there are two different addresses, it's a
requirement of the Michigan Liquor Control Commission that he
operate with a separate license at this location
Ms. Smiley' Thank you.
Mr Morrow' Is the petitioner here this evening? We will need your name and
address for the record please.
Michael Walsh, 3205 Bennett Street, Dearborn, Michigan I'm here on behalf of
Joe's Product
Mr Morrow' Thank you Is there anything you'd like to add to the
presentation thus far?
Mr Walsh Everything I've heard sounds very correct. I just wanted to add
that all Joe is looking to do is achieve that second license, and
in order to do that, we had to comply with all the rules and
regulations. With the building being actually 30 to 50 feet, it just
simply was needing the secondary license to sell beer and wine
there and use that ability to cross merchandise to complement
rs the new meat and seafood market.
Mr Morrow. Thank you. Are there any questions from the Commission?
June 26, 2012
25218
#.1
Mr Taylor What is your capacity with Joe's?
Mr Walsh I am the wine director
Mr Taylor Thank you
Mr Morrow. Are there any other questions or comments? Is there anybody
in the audience that wishes to speak for or against the granting
of this petition? Seeing no one coming forward, I'm going to
close the public hearing and ask for a motion.
On a motion by Smiley, seconded by Taylor, and unanimously adopted, it was
#06-58-2012 RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on June 26, 2012, on
Petition 2012-06-02-14 submitted by Joe's Meat & Seafood
requesting waiver use approval pursuant to Section 10 03(g) of
the City of Livonia Zoning Ordinance #543, as amended, to
utilize an SDM liquor license (sale of packaged beer and wine)
at 33066 Seven Mile Road within the Maiorana shopping center,
located on the north side of Seven Mile Road between
Farmington Road and Mayfield Avenue in the Southwest 1/4 of
Section 3, which property is zoned C-1, C-2 and P, the Planning
Commission does hereby recommend to the City Council that
Petition 2012-06-02-14 be approved subject to the following
conditions.
1 That the use of an SDM liquor license at this location shall
be permitted only under the circumstances that the
standard set forth in Section 10 03(g)(1) of the Zoning
Ordinance, which specifies that proposed SDM licensed
establishments shall not be located within five hundred feet
(500') of any existing SDM licensed establishment is
waived by the City Council,
2 That the use of an SDM liquor license at this location shall
be permitted only under the circumstances that the
standard set forth in Section 10 3(g)(2) of the Zoning
Ordinance, which specifies that businesses proposed to be
licensed shall be located at least four hundred feet (400')
from any church or school building is waived by the City
Council, and
3 The Petitioner shall not engage in any form of solicitation
ell for business within the public right-of-way of Seven Mile
Road
June 26, 2012
25219
e Subject to the preceding conditions, this petition is approved for
the following reasons
1 That the proposed use complies with all of the general
waiver use standards and requirements as set forth in
Sections 10 03 and 19 06 of the Zoning Ordinance #543,
2 That the subject site has the capacity to accommodate the
proposed use,
3 That the proposed use is compatible to and in harmony
with the surrounding uses in the area, and
4 That the granting of this petition will not increase the
number of SDM liquor licenses in the City of Livonia.
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
1"'N approving resolution Thank you for coming tonight. We wish
you success at the new fish and meat market.
Mr Walsh Thank you very much Any time you guys need any help,
please come see me I'm always there
Mr Morrow. Okay Thank you. We'll look forward to that.
ITEM #2 PETITION 2012-06-08-05 NICHOLAS PLAZA
Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012-
06-08-05 submitted by Nick Shango requesting approval of all
plans required by Section 18 58 of the Zoning Ordinance in
connection with a proposal to redevelop the Nicholas Plaza
shopping center at 13820-13840 Merriman Road and 31281
Schoolcraft Road, located on the southeast corner of
Schoolcraft Road and Merriman Road in the Northwest 1/4 of
Section 26
Mr Taormina. This is a request to add gasoline service pumps and renovate
fmN an existing commercial building located at the southeast corner
of Schoolcraft Road and Merriman Road Nicholas Plaza is
composed of two adjacent parcels. The westerly parcel, which
June 26, 2012
25220
has about 94 feet of frontage on Merriman Road and 300 feet
along Schoolcraft Road, is split zoned The westerly 203 feet is
zoned C-3, Highway Services, while the balance of the easterly
portion of the site is zoned OS, Office Services This parcel
contains a multi-tenant shopping center that is about 5,600
square feet in gross floor area and is divided into three units
The Nicholas convenience store is located at the westerly end
of the building There is a vacant unit in the middle, and Royal
Coney Island is located at the east end of the building The
easterly parcel is about 27 acres in area and contains 130 feet
of frontage on Schoolcraft Road by a depth of roughly 93 feet.
This parcel is zoned OS, Office Services The site contains a
former State Farm Insurance building that is about 1,890 square
feet in total area Access to the site is available by means of
three existing driveways Both parcels are now under common
ownership There are two driveways located off Schoolcraft and
one off Merriman The modifications involve adding gasoline
pumps on the north side of the existing retail building, providing
a Dunkin' Donuts carryout restaurant, and then reconfiguring the
parking lot. Parking is currently available along the north side of
the building, and that would be moved to the east side of the
property The vacant insurance building would be demolished
r'\ as part of the overall plan The site plan shows a total of four
fuel dispenser islands There are two pumps per island The
islands and the overhead canopy would be installed between
the building and Schoolcraft Road The edge of the pump
islands would be set back about 28 feet from Schoolcraft Road,
the right-of-way and about 24 feet from the building The
ordinance does require a building setback of 75 feet. The
existing building, at its closest point to Schoolcraft right-of-way,
is set back 58 feet. Zoning Board of Appeals action will be
required for the addition of the gasoline pumps, not because the
pumps are located too close to the right-of-way, but the fact that
the building, as it currently exists, is within that required setback
for a gasoline service station building Distances on either side
of the pumps would allow vehicles to drive up and access the
pumps from either side, as well as allow vehicles to maneuver
pass the cars at the pump island Covering the new fuel
dispensers would be an overhead canopy that extends the full
length of the building The canopy measures about 25 5 feet in
width It has a length of 156 feet and an overall height of 18
feet. I think you will recall from our discussions at the study
session that the height of the canopy presented to the
Commission at that time was equal to the height of the building,
around 27 feet. The height has been lowered to 18 feet, which
is our typical maximum In C-2 zoning districts, pump island
canopies cannot exceed a height of 18 feet; however, there is
no such restriction in the C-3 zoning district. But again,
June 26, 2012
25221
rt., modifications have been made to be consistent with what our
requirements are in the C-2 zoning category even though this is
zoned C-3, Highway Services. Moreover, the C-2 zoning allows
structural canopies to be 10 feet from any property line, while
the C-3 district regulations are silent on this issue and do not
specify how far the canopy has to be from any right-of-way line
However, at the closest point, the proposed canopy under this
plan is about 16 5 feet from the right-of-way line It complies
with the C-2 district regulations in that respect as well The
canopy would be supported by brick piers. This is a view of the
building as it would appear from Schoolcraft Road You will see
that the yellow band, what would appear to extend across the
lower portion of the façade, is actually the fascia of the
proposed canopy Previously that yellow band was up above
the height of the building Now you can see it is really
commensurate with the area between the brick and the EI F S ,
the area that separates the overhang on the building from the
lower level brick. In order to conveniently maneuver around and
access the pumps, part of the site's existing landscaping that
runs along the Schoolcraft frontage would be removed and
additional landscaping would be added to the easterly part of
the site In providing the pumps in this location, there have
rIN been some modifications along the area extending between the
building and Schoolcraft Road to allow for better
maneuverability of vehicles in this area The small amount of
landscaping that would be eliminated in this area is being more
than offset with the additional landscaping along the south and
easterly parts of the building As I indicated, Dunkin' Donuts
would occupy space at the west end of the building This is a
floor plan that shows what the interior of the westerly part of the
building would look like Nicholas Party Store would relocate
and occupy the middle part of the building within the space that
is currently vacant, and then Royal Coney Island would continue
to occupy the easterly half of the building Some interior
changes would be made to the restaurant in order to move the
main customer entrance to the east side to be closer to the
relocated parking Right now, the entrance is located on the
north side A secondary entrance will be added to the east side
in order to provide their patrons more convenient access to the
parking lot located to the east of the building Dunkin' Donuts
would have six interior seats so it would be classified as a
carryout restaurant. Carryout restaurants are defined in the
ordinance as restaurants where the principal activity is food and
beverage take out service and includes, as an accessory use, a
dining area in which seating is provided for no more than 12
persons. Royal Coney Island is classified as a full service
restaurant by virtue of the fact that they have over 30 seats
They actually have 34 seats within the dining area Both types
June 26, 2012
25222
n of restaurants, as well as the gas station and the convenience
store, are treated as permitted uses in the C-3, Highway
Services, zoning district. In terms of the parking, the total
requirement is equal to the sum of the requirements for all of the
uses. When you break down the requirement for the Coney
Island, they need 20 spaces Dunkin' Donuts needs 5 spaces
The party store requires 8 spaces That is a total of 33 parking
spaces The plan presented before you this evening provides
for a total of 35 parking spaces, so there are two surplus spaces
provided A new dumpster would be provided on the east end
of the property that would be fully screened There are details
provided with your information this evening that show what the
screening would like This profile view of the building and the
canopy gives you a good sense of the relationship between the
height of those structures and the separation between them
Brick is being used for the support columns for the canopy The
building right now contains a gray brick. The color would be
changed to a darker brown The upper part of the building
would also be retrofitted and repainted You can see the orange
coloring, both on the cornice as well as the awnings, that is
characteristic of the Dunkin' Donuts trademark. Also shown is
decorative gooseneck lighting over the awnings There are no
n light poles proposed The only lighting would be the canopy
lighting, which is indicated to be recessed, and the gooseneck
lights There is no other site lighting provided Landscaping is
complied with in terms of the percentage Lastly, with respect to
the signage, the ordinance will allow two signs for Dunkin'
Donuts since that is the corner unit. One of the signs would
have to be half of the allowable area of the main sign That
determination will be made by the petitioner at a later date
Because the width of the building in this direction is 45 feet, they
could have a 45 square foot sign facing Merriman Road and
then approximately a 22 square foot sign facing Merriman Road
or vice versa With respect to the monument sign, gas stations
are allowed 12 foot high monument signs The total area
cannot exceed 40 square feet. He is showing a sign that
complies with those dimensional requirements as well as the
setback from both Merriman and Schoolcraft Roads. With that,
Mr Chairman, I will read out the correspondence
Mr Morrow In this case, just one question on the sign I haven't seen a
provision for the Coney Island Is there any signage that is
proposed for that use?
,,,� Mr Taormina There are no changes proposed to the existing signage as it
relates to the Coney Island If you look carefully on the plan,
there is a notation about the existing Royal Coney Island
signage
June 26, 2012
25223
Mr Morrow. Nothing on the ground sign?
Mr Taormina. I guess that's a question for the petitioner - maybe if there's
room
Mr Morrow. It doesn't show on the sign plan
Mr Taormina It does not currently show on the sign plan, and whether or not
he would make room for it, I don't know It would have to be
within that 40 square foot area
Mr Morrow Right. With that, if you would read the correspondence
Mr Taormina. There are four items of correspondence The first item is from
the Engineering Division, dated June 18, 2012, which reads as
follows "In accordance with your request, the Engineering
Division has reviewed the above-referenced plan approval
petition Based on the information received, this project will
encompass two separate parcels of land The address range for
the westerly parcel is confirmed to be 13820 through 13840
Merriman Road The address for the easterly parcel in this
peTh petition is confirmed to be 31231 Schoolcraft Road The written
legal description contained on the drawing appears to be only
for a portion of the properties under consideration This can be
addressed during the design phase should this project proceed
We are providing the owner, for informational purposes, a copy
of Section 13 42 of the City Ordinances. This Ordinance limits
the amount of Fats, Oils and Grease (F 0 G) which can be
discharged to the City sanitary sewer system to 100 milligrams
per liter by weight, and provides information on grease
trap/interceptor requirements. The Ordinance can also be
viewed on our website at www ci livonia mi us. As regards the
site changes, Merriman Road is under the jurisdiction of Wayne
County, and any work in the right-of-way must be done under
permit from Wayne County Any work in the Schoolcraft Road
right-of-way must be done under permit from the City of Livonia
The City of Livonia follows the Wayne County Storm Water
Ordinance The petitioner is hereby notified (via copy of this
correspondence) that any site changes which would impact
public utilities, road right-of-way, easements, or changes in
storm or sanitary sewer volumes must be approved by the
Engineering Division of Public Works. Should this project
proceed, it is important that the developer's architect/engineer
,,, address storm water drainage changes as a result of these site
eS changes, to ensure that there is no negative drainage impact to
any property " The letter is signed by Kevin G Roney, P E.,
Assistant City Engineer The second letter is from the Livonia
June 26, 2012
25224
riN Fire & Rescue Division, dated June 15, 2012, which reads as
follows "This office has reviewed the proposal to renovate the
Nicholas Plaza shopping center by adding gas pumps and a
carry-out restaurant at the above referenced address. I have no
objections to this proposal " The letter is signed by Earl W
Fesler, Fire Marshal The third letter is from the Division of
Police, dated June 8, 2012, which reads as follows. "I have
reviewed the plans in connection with the petition Although this
proposal shows 35 available parking spaces, I have serious
reservations that the Dunkin Donuts and party store customers
are not going to utilize the marked parking spaces. The
supplied parking is to the east of these conveniences, and over
100 plus feet away I am concerned that patrons will be parking
wherever they can, namely in the fire lane, that I suggest be
posted prominently with no parking/fire lane signs. I also have
safety concerns with the amount of proposed gas pumps. It
appears per the proposal that one employee is going to be on
duty managing both the party store and the gas pumps. The
pumps farthest to the east of the plan seem to be quite far to
monitor safely The eastern most driveway to Schoolcraft is
situated east of the freeway crossover I am recommending that
this drive be posted with a right turn only sign " The letter is
l signed by John Gibbs, Sergeant, Traffic Bureau The fourth
letter is from the Inspection Department, dated June 26, 2012,
which reads as follows "Pursuant to your request, the above-
referenced petition has been reviewed The following is noted
(1) The existing building setbacks are 57 feet and 54 feet where
the setback for a gasoline service station is required to be 75
feet. A variance from the Zoning Board of Appeals would be
required to maintain this deficiency Signage has not been
reviewed This Department has no further objections to this
petition " The letter is signed by Jerome Hanna, Assistant
Director of Inspection That is the extent of the correspondence
Mr Morrow Are there any questions for the staff?
Mr Bahr Mark, one of the concerns that I have when I drove by the site is
it looks like a really cramped site It startled me how small it
looked Some of that might be an illusion just because of the
height of the building compared to other gas stations, but I see it
is a 57 feet setback. Do you know if there's any other gas
stations in the City that have similar setbacks to that?
Mr Taormina We did check. There are a few The Valero at Middlebelt and
Five Mile in the northeast corner is within that setback. A BP
located at Five Mile and Inkster is also within that 75 foot
setback along the Inkster side There are those examples and
others where the building itself is located closer than 75 feet to
June 26, 2012
25225
the right-of-way where there are pumps between the building
and the right-of-way It really requires one to drive around and
take a look at gas stations and how they operate because there
are all different manners in how gas stations have been
developed and designed In most of the instances where there
is a 70 or even a 65 foot setback between the building and the
right-of-way, there are two sets of pumps, whether they are
arranged parallel or perpendicular to the building Many of them
appear to be parallel to the building In those cases, there is
usually not one line of pumps, but actually two lines of pumps
So when you consider the spacing that exists between the
building and the set of pumps, and then you look at the next set
of pumps, and then you look at the distance to the right-of-way
or to the road, those distances are actually narrower than what
is provided here because at a distance of 65 or 70 feet in many
cases, they are providing two rows of pumps, where at a
distance of almost 58 feet here, he is providing one set of
pumps.
Mr Bahr• Are you saying in general, there's often two rows of pumps, and
it ends up being a narrower space?
eTh Mr Taormina In the cases that I cited, there is one set of pumps, although I
would have to go back and check the one on Inkster Road
Where there is sometimes compliance with 75 feet or less than
that, several of these stations were developed at around 65 to
70 feet for the building setback. There you will oftentimes see
two sets of pumps within that 65 feet as opposed to one set of
pumps.
Mr Bahr• Okay Thank you
Mr Morrow• Is the petitioner here this evening? We will need your name and
address for the record please
Nick Shango, 27033 Van Dyke, Warren, Michigan 48093 I'm the landlord and
I'm the operator
Mr Morrow• Thank you Is there anything you'd like to add to the
presentation thus far?
Mr Shango I'm open to answer any questions you may have
Mr Morrow. Do we have any questions of the petitioner?
Mr Taylor• Mr Shango, how many operators do you have in the liquor
store?
Mr Shango We keep one or two, usually one
June 26, 2012
25226
Mr Taylor Mainly, it's one?
Mr Shango Mainly, it's one and then for Dunkin' we'd have two in the
morning and we'd have one in the afternoon So there would be
two people in the store in the afternoon, total
Mr Taylor At the study session, I questioned the idea of having four pumps
rather than three The Public Safety Department has kind of
confirmed what I was thinking, that you can't look at that east
pump very well You can't see it if something happens
appreciate what you've done to the building It looks nice
think you're going to do a good job there You'll do a good
business there, but I think safety-wise, I think putting three
pumps in there, and I also visualize the fact that, you know, not
all gas caps are on the same side of the car So that means
you're going to have people leaving around They're going to
be coming in one side They can't come in the other way So
they almost have to come in the Merriman side and you're going
to have some problems with that. Certainly the parking lane,
that's questionable also That should definitely be so somebody
can't pull in there and park along the lane and run in and get a
donut. I know the idea is for someone to get gas, and while
they're in there, run in and get a donut, but I just don't see the
need for the gas pump on the east side It's kind of out of the
range It's almost in front of the Coney Island I just don't think
that's warranted Even if you keep the same size canopy, then
all three pumps would be underneath the canopy and you
wouldn't be getting wet at the last one like I've been many times
when it happens to be raining and you don't want to go to that
last pump because you're standing outside half the time Do
you think there is really a need? I mean, can you get away with
just three of those pumps there, do you think?
Mr Shango I think I could do that. I think the rationale was, the more pumps
I have, the more parking spaces I have, because you're
absolutely right. They're going to stop somewhere, right? So I
figured if I had more pumps, and most of these guys will just
park at a pump and come inside even if they're not pumping gas
if there's no spaces in the front. One of my shopping centers
has the same setup I have no parking in the front, just to the
side It's way off to the side What they do is, they'll pull up
right in front of the building parallel or they'll just park at the
pumps As I said, I don't think I'm going to pump that much gas
anyways I think I could do either/or I could do three islands
and give them more space maybe Maybe increase it to 50 feet
apart. Maybe I'll still keep the one on the east, take one out of
June 26, 2012
25227
/"'4i the middle, then center the second one so you have three even
spaces, but you'll have 50 feet.
Mr Taylor So they can maneuver around and change from one side to the
other
Mr Shango Exactly
Mr Taylor' You have no problem with putting up the "no parking" sign with
the fire lane?
Mr Shango Absolutely not. I wouldn't want them to anyways Again, the
pumps, I don't need that many I just have them for parking I
could get eight parking with it like that. I just use as parking to
be honest with you People don't even use those two farther
ones anyways The ones mainly used are the ones when you
come into the exit. These will never be used anyways It's just
for, you know, try to create parking since I don't have anything
in the front.
Mr Taylor I appreciate the fact that you came in with a 27 foot high canopy
and you brought it down to 18 feet. I think that really helped me
along with it too Thank you
Mr Shango Thank you
Ms Scheel I just wanted to follow along with what Mr Taylor was saying
The other recommendation from the Police Department was to
have a "right turn only" sign
Mr Shango Out of where?
Ms Scheel The eastern most driveway to Schoolcraft. It says he's
recommending that this driveway be posted with a "right turn
only" sign
Mr Shango Which exit?
Ms Scheel Mark, the most east one
Mr Shango Oh, absolutely, because it is past the turnaround You have to
I agree
Ms Scheel Okay
Mr Shango The other one, you can, but the one is too far You can't. Right
turn only, absolutely
June 26, 2012
25228
Ms. Scheel Okay I just wanted to double check that.
Mr Morrow Thank you Anyone else?
Mr Shango Maybe what I could do is put another sign on the one that's
across from my building, and say this one takes the turnaround
only We can say, you can turn around or to the freeway The
other one would say "right turn only" because one of my exits,
which is that big one, you can make the turnaround there
Mr Morrow. If you want to put a sign there to help the flow, that would be
fine
Mr Shango I wouldn't mind doing that.
Mr Morrow Do you think you'll be able to monitor your easterly most pump
from your location?
Mr Shango Yes, I could because two of my stations are like that, and I
actually have eight islands at one of my stations. Three of them
don't even get used they are so far away You know, we have
cameras Each pump has two cameras on each pump, one on
("''1 each side for theft purposes So we can monitor everything
Mr Morrow As long as you're comfortable with the Police concerns there,
Mr Shango Absolutely
Mr Morrow Okay Thank you
Ms Smiley. My concern is the safety of your personnel People pay at the
pump mostly, don't they?
\Mr Shango We do both If they want the cash price, they'll come inside and
pay If they want the credit, they just swipe their card
Ms Smiley. And they would come in before they actually pump gas, right?
Mr Shango If they use cash? Yes
Ms Smiley. Okay
Mr Shango Well, you know, it depends. If they are on the farther pump
where we can see them, you've got to play it by ear
eTh Sometimes people do get you It's hit or miss
Ms Smiley. And how do you feel about security of your personnel?
June 26, 2012
25229
Mr Shango Very secure I run all my operations like this. We have bullet-
proof glass, which the other stations don't have, and that's why
they give up from time to time Thank God, all these years we've
been there, we've been very safe and very fortunate, thank God
a million times. But we have a sliding bullet-proof, that's not
necessary We have it there for the evening time, the only time
we keep it open We have an inch and a quarter glass They're
not going nowhere And the other thing, Mark, if you can show
the floor plan We keep everything behind the counter So if
you follow me, there's doors So even when a salesman comes,
that service counter is locked You can't get in And if the
person working behind the counter has to fill the cooler, like 99
percent of the stations or party stores, they have to leave behind
the counter and go in the front. You don't have to do that.
Everything is behind the counter The attendant working will
never have to leave the bullet-proof, even to fill the cooler
Ms Smiley- What are your hours? 24 hours?
Mr Shango We're going to be 24 hours at the station The Dunkin because
I don't have glass, that is a concern for me So that I will shut
with a gate I'm working the kinks out right now I'll probably
e•.*1 stop right at the vestibule I'll probably have a soffit and it will
drop down That's what I do at my stores that don't have drive-
thrus I shut them The stores that do have drive-thrus, they'll
go through the window at night. I don't have that opportunity
here
Ms Smiley- Okay
Mr Shango The other thing that is nice is Nicholas Party Store, which is a
convenience store, flourishes at nighttime so it is busy We get
a lot action at night. I'm concerned about the quiet times We
stay busy Having this Dunkin' will create more traffic, more
safety The busier it is, the safer it is. Second of all, a 24 hour
operation is a lot more safe than a store that closes for the fact
that you don't have to lock the doors You don't have the down
time when you're turning around, locking up There's no down
time There's always somebody in the store There's always
lights. We never did this, but now we have eight stores that stay
open 24 hours It's as safe as possible A lot of lights We
keep it flooded with lights and it stays bright and there's
somebody in there So make no mistake, 24 hours is a lot
safer
es.41 Ms. Smiley- Okay And you said there are cameras at the pump
Mr Shango Cameras at every pump
June 26, 2012
25230
Ms Smiley. And there's a camera in there?
Mr Shango Thirty-two cameras at every gas station we have We have two
at each pump and then we have about 16 of them inside the
store That's not even counting the Dunkin' side
Ms Smiley. And what time does Dunkin' open?
Mr Shango Dunkin' will open that's going to play by ear I have to do a
traffic study for corporate, but it's going to be probably 5 00 a m
It's tough because I don't shut any of my stores. I do have one
store that is a non-drive-thru, which is similar to this, and I keep
the lobby open I will have a baker there overnight. That's just
the nature of the business They have to bake and make the
donuts, but I want to keep them safe So if you have no glass,
somebody can walk in at 3 00 in the morning, I'm not
comfortable with that. I'm all about the safety of my employees
and my business. It will probably open at 5 00 in the morning
It depends when it gets busy I say 6 00 a m at the latest, but
you've got people on the freeway, business people, people
going to work. There's still some plants open Maybe 5.00
a m , maybe 4 00 a m I need a few months to test that out.
The first couple months I open, I'll open at 3 00 or 4 00 in the
morning and have a couple people there
Ms Smiley. All right. Thank you
Mr Bahr Most of my concerns have been addressed I just want to voice
my support for going to the six pumps. My primary concern is
just the traffic flow through there The Valero at Five and
Middlebelt that Mr Taormina mentioned is near to my house
and it's really cramped It's similar setbacks to this and it's a
pretty cramped place. I'm concerned with the fact that you have
a restaurant at the eastern edge of this I imagine there's a fair
amount of traffic heading back out to Merriman Road, and I'm
nervous about the log jams that are going to happen around the
gas station I just wanted to voice my support for that. One
thing I would clarify though is, in my opinion, you talked about if
you went to three pumps, spacing those out. I'm afraid if you
space those out, we're going to be right back into the situation
that the Chief of Police expressed a concerned about, about
those eastern most pumps I think if you go to three islands and
keep the spacing the way that you have it, it will alleviate the
Chief of Police's concerns and I think it will also alleviate some
teN of those traffic flow concerns, especially when you consider how
many of these people in the morning are going to be looking to
get on 96 and trying to turn around and come back to that
June 26, 2012
25231
ENA entrance so they can hit the ramp Just something to consider,
but overall, I definitely support the three pumps I also just want
to take this opportunity to say I've been really impressed with
you and I'm excited to see what you're doing here I think it's
definitely a plan that cleans up the corner
Mr Shango Thank you very much I appreciate it.
Mr Morrow Any other questions?
Mr Wilshaw I'll just add my similar comments to what Mr Bahr said I kind of
agree that the eastern most pump should just be eliminated and
leave the three pumps the way they are right now, which will
keep your pumps closer to your liquor store and where the
pump operator will be to observe them And also to echo Mr
Bahr's comments that you've done a good job of working with
us on this building The original plan that we first saw at our first
meeting has changed significantly from this one, and you've
been working with us in that process and addressing our
concerns, so I appreciate that.
Mr Shango Sure Thank you
Mr Morrow Leaving the three the way they are also gets you closer to the
Dunkin' Donuts for some guy who wants coffee and donuts and
gas It's a little bit handier there
Mr Shango I want to point out one thing about the restaurant. Never worry
about the restaurant because they're going to be sit down So
they will drive to the east portion of the property and they will
park. It will be of no conflict to my side Mine is in and out. I do
have mornings. Their business is from 7 00 to 2 00 They've
been closing earlier and earlier every year They will never be a
conflict for me, but everything else, I totally agree with you We
will make it happen Where should I cut the canopy? That's the
only thing I have to think of aesthetics If I take out the easterly
pumps, I should cut the canopy a little bit, maybe cut a third of it
off
Mr Morrow I think you would make that determination like Mr Taylor
indicated The easterly pump, you don't want to have the guy
standing in the rain
Mr Shango Actually, that one had a canopy over it. I actually made the
" canopy the length of the building
Mr Morrow But you're going to cut it down, right?
June 26, 2012
25232
re"141 Mr Shango Right.
Mr Morrow So you can make that determination as to how far you have to
extend it.
Mr Shango So you're saying if we take that out, they can loop around and
make a turn I agree I think that works Then I'm still satisfied
because I get my visibility from the corner because my pump
stays on the west side there I think that works good The
semis can go park there too
Mr Morrow Well, you certainly have the expertise to know what will work
there How many stores did you say you have now?
Mr Shango The total of Dunkin' and the C stores?
Mr Morrow Yes
Mr Shango I have 11
Mr Morrow Eleven is all? Okay Anything else before I ask for the vote? Is
there anybody in the audience that wishes to speak for or
,."1\ against the granting of this petition? Seeing no one coming
forward, a motion would be in order
On a motion by Scheel, seconded by Bahr, and unanimously adopted, it was
#06-59-2012 RESOLVED, that the Planning Commission does hereby
recommend to the City Council that Petition 2012-06-08-05
submitted by Nick Shango requesting approval of all plans
required by Section 18 58 of the Zoning Ordinance in
connection with a proposal to redevelop the Nicholas Plaza
shopping center at 13820-13840 Merriman Road and 31281
Schoolcraft Road, located on the southeast corner of
Schoolcraft Road and Merriman Road in the Northwest 1/4 of
Section 26, be approved subject to the following conditions.
1 That the Site Plan marked C-1 dated June 17, 2012, as
revised, prepared by Shango Development, is hereby
approved, as revised, subject to the removal of the easterly
most pump island and a corresponding reduction in the
length of the canopy;
2 That the maximum customer seating count for the full
service restaurant (Royal Coney Island) shall not exceed a
total of thirty-four (34) seats, and the maximum customer
seating count for the carry-out restaurant (Dunkin' Donuts)
shall not exceed a total of six (6) seats,
June 26, 2012
25233
3 That the Landscape Plan marked C-1 dated June 17,
2012, as revised, prepared by Shango Development, is
hereby approved and shall be adhered to,
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That underground sprinklers are to be provided for all
landscaped and sodded areas, and all planted materials
shall be installed to the satisfaction of the Inspection
Department and thereafter permanently maintained in a
healthy condition,
6 That the Exterior Building Elevation Plan marked C-1 dated
June 3, 2012 as revised, prepared by Shango
Development, is hereby approved and shall be adhered to,
7 That a fire lane shall be established along the north side of
the building and a "right turn only" sign be posted on the
eastern most driveway to Schoolcraft, pursuant to the
recommendation of the Traffic Safety Bureau,
8 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction
of the building or in the event a poured wall is substituted,
the wall's design, texture and color shall match that of the
building 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,
9 That all rooftop mechanical equipment shall be concealed
from public view on all sides by screening that shall be of a
compatible character, material and color to other exterior
materials on the building,
10 That the gas pump island canopy shall not exceed
eighteen feet (18') in height and its support columns shall
be covered with full face four inch (4") brick,
11 That the leading edge of the pump island canopy shall not
be any closer than sixteen feet (16') from any property line,
12 That any illumination of the pump islands shall be restricted
to beneath the canopy and the light fixtures shall be
recessed and made flush with the established ceiling,
provided, however, that this section shall not apply to those
June 26, 2012
25234
/'N specified signs which are expressly allowed by the district
regulations contained in this ordinance,
13 That this site shall meet either the City of Livonia or the
Wayne County Storm Water Management Ordinance,
whichever applies, and shall secure any required permits,
including storm water management permits, and soil
erosion and sedimentation control permits, from Wayne
County and/or the City of Livonia,
14 That any pole-mounted light fixtures shall not exceed
twenty feet (20') in height and shall be aimed and shielded
so as to minimize stray light trespassing across property
lines and glaring into adjacent roadway;
15 That no outside storage, placement or display of
merchandise shall be permitted at any time on this site,
however the foregoing prohibition shall not apply to the
display, on the pump islands only, of oil based products as
permitted in Section 11 04(a) of the Zoning Ordinance,
16 That free air shall be provided at all times this station is
^1 open for business The free air shall be dispensed at the
point of service without having to enter the station or the
performance of any extra action in order to obtain the air
without charge,
17 That the outdoor placement of propane cylinder storage
units shall be prohibited,
18 That the sale of ice shall be restricted to the inside of the
building,
19 That this approval is subject to the petitioner being granted
a variance from the Zoning Board of Appeals for deficient
building setback and any conditions related thereto,
20 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,
21 That no part of the pump island canopy fascia, with the
exception of the embossed logos, shall be illuminated,
�,,,,, 22 That no LED lightband or exposed neon shall be permitted
oi on this site including, but not limited to, the pump island
canopy, building or around the windows,
t r
June 26, 2012
25235
,II 23 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,
24 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?
Ms Scheel Do we want to address the Chief of Police concerns also?
Mr Morrow- The fire lane and the
Ms Scheel With the "no parking fire lane" signs and that the "right turn only"
sign be posted at the most easterly driveway
Mr Taormina. Condition 7 handles the issue of the fire lane, but yes, with
respect to the "right turn only" sign
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 APPROVAL OF MINUTES 1,025TH Public Hearings and
Regular Meeting
Ms Scheel, Secretary, announced the next item on the agenda, Approval of the
Minutes of the 1,025th Public Hearings and Regular Meeting
held on June 5, 2012
On a motion by Scheel, seconded by Taylor, and unanimously adopted, it was
#06-60-2012 RESOLVED, that the Minutes of 1,025th Public Hearings and
Regular Meeting held by the Planning Commission on June 5,
2012, are hereby approved
a
June 26, 2012
25236
eIS A roll call vote on the foregoing resolution resulted in the following
AYES Scheel, Taylor, Bahr, Smiley, Krueger, Wilshaw,
Morrow
NAYS None
ABSENT None
ABSTAIN None
Mr Morrow, Chairman, declared the motion is carried and the foregoing
resolution adopted
On a motion duly made, seconded and unanimously adopted, the 1,026th Public
Hearings and Regular Meeting held on June 26, 2012, was adjourned at 7 58
pm
CITY PLANNING COMMISSION
C757
LyndL Scheel, ecretary
/PIN
ATTEST ' ThkutThf\41-1•1"CSItt.)
R. Lee Morrow, Chairman