HomeMy WebLinkAboutPLANNING MINUTES 2012-04-24MINUTES OF THE 1,023 RD PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, Aril 24, 2012, the City Planning Commission of the City of Livonia
held its 1,023' 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 R. Lee Morrow Lynda L. Scheel
Carol A. Smiley Gerald Taylor Ian Wilshaw
Members absent: Ashley V. Krueger
Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program
Supervisor, were also present.
Chairman Morrow informed the audience that if a petition on tonighfs agenda
involves a rezoning request, this Commission makes a recommendation to the
City Council who, in tum, will hold its own public hearing and make the final
determination as to whether a pefifion 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 delemiinafion 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 fling.
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 2012-03-01-02 MASRI ORTHODONTICS
Ms. Scheel, Secretary, announced the first item on the agenda, Pefifion 2012-03-
01-02
012-0301-02 submitted by Kordoba, L.L.C./Masa Orthodontics
pursuant to Section 23.01 of the City of Livonia Zoning
Ordinance #543, as amended, requesting to rezone a portion of
the properly at 15230 Levan Road, located on the east side of
Levan Road between Lyndon Avenue and Five Mile Road in the
Northeast 1/4 of Section 20, from C-1 to OS.
April 24, 2012
26077
Mr. Taormina: The Commission will recall that on December 14, 2011, this
property received site plan approval for the construction of a
new medical office building, which we have been referring to as
Levan Medical Building, but more specifically, Masri
Orthodontics will occupy a major portion of the building once its
constructed. The approval of that site plan was subject to the
granting of a variance by the Zoning Board of Appeals for front
yard setback as well as deficient parking. This property is
located on the east side of Levan between Lyndon Avenue and
Five Mile Road. The property is about 0.67 acres in area with
175 feel of frontage on Levan Road by a depth of 208 feel.
Currently, the property is split zoned meaning that the northerly
100 feel is zoned OS, Office Services, while the southerly 75
feel of the property is zoned C-1, Local Business. It is this
southern portion of the site, the part that is zoned C-1, that
we're considering to rezone this evening. On February 7 of this
year, the Zoning Board of Appeals granted the variances and
stipulated that the petitioner must seek a rezoning of the
southerly portion of the property from G7 to OS. What this will
do is unify the zoning of the entire property, as well as provide
for a conforming front yard building setback once the medical
building is constructed. It will also more accurately correspond
to the recently approved use of the medical office building and
assure that this site does remain office. With that I will answer
any questions, Mr. Chairman.
Mr. Morrow: Is there any correspondence?
Mr. Taormina: There is one item of correspondence from the Engineering
Division, dated April 16, 2012, which reads as follows: "In
accordance with your request, the Engineering Division has
reviewed the above-referenced rezoning request. The legal
descriptions shown on the plan contain minor discrepancies.
Although the description adequately locates the parcel, it should
be reviewed and corrected before preparing the design
documents. The address for this site is confirmed to be 15230
Levan Road. The petitioner is hereby notifred (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. It is noted that there are
no public sanitary sewers within the Levan Road right-of-way.
Our records indicate that there is a private sanitary sewer within
the right-of-way which is currently serving this site. A County
Ordinance prohibits more than one building sharing a private
sanitary line. To develop the proposed medical building, it is
anticipated that the developer will have to construct a new
sewer between his property and an existing sanitary sewer in
April 24, 2012
26078
the Five Mile Road right-of-way. As regards storm water
management, the City of Livonia requires storm water detention
in accordance with the Wayne County Storni Water Ordinance.
Should this project proceed, it is important that the developer's
architect/engineer address storm water drainage changes as a
result of these site changes to ensure that there is no negative
drainage impact to any adjacent property. In addition, any
necessary easements must be obtained before an Engineering
permit will be issued for connection to an existing storm sewer
system. The petitioner may find it beneficial to have his site
design professional schedule a meeting to review existing
Engineering documents at the earliest convenience by calling
the undersigned at (734) 466-2608." The letter is signed by
Kevin G. Roney, P.E., Assistant City Engineer. That is the
extent of the correspondence.
Mr. Morrow: Thank you very much. Are there any questions of Mr.
Taormina?
Ms. Smiley: Didn't we go through a lot of discussion about the drainage at
the time they did the original plan?
Mr. Taormina: I think the plans that were presented at the time of the site plan
were only conceptual. They were aware that they would have to
go to a more detailed design, but it was with the understanding
that they would have to provide stonnwater detention for the
site.
Ms. Smiley: Okay. And there are no changes to the building.
Mr. Taormina: This petition is for the zoning as it affects the southerly portion
of the properly to make it all consistent under the OS category.
Ms. Smiley: Okay. Thank you.
Mr. Taylor: Mark, what you're saying is that the site plan that we saw a few
weeks ago has nothing to do with the change in the zoning. Its
all the same.
Mr. Taormina: That is correct.
Mr. Taylor: Okay. Thank you.
Mr. Morrow: Any other questions? Is the petitioner here this tonight? We'll
need your name and address for the record please.
Al Valentine, GAV Associates, 31471 Northwestern Highway, Farmington Hills,
Michigan. I'm one of the owners of GAV Associates.
April 24, 2012
26079
Mr. Morrow:
Thank you. Is there anything you'd like to add to the
presentation thus far?
Mr. Valentine:
No, not really. Actually, I'm subbing for my partner on this
project, so kind of bear with me. I understand it went through
three phases of approval, and this would be the last one before
going forward for final building and engineering.
Mr. Morrow:
Right. This will go from here to the City Council, which will be
the final decision, but this is a fairly straightforward petition as
far as the zoning. Mark, did you have something to say?
Mr. Taormina:
I only wanted to point out that the rezoning procedure does not
preclude this petitioner from moving forward with the final
design and construction documents because the Zoning Board
of Appeals merely instructed them to seek the rezoning. It was
not a prerequisite to the construction on this site, although we
don't expect that there will be anything that would prevent this
site from ultimately being rezoned. I just want them to
understand that there is nothing that precludes them from
proceeding.
Mr. Morrow:
Did you understand it that way, sir?
Mr. Valentine:
Nolquite.
Mr. Morrow:
Well, you have permission to go forward. This is more of a
housekeeping chore trying to bring the zoning into compliance,
as the Director said, just so you gel your setbacks conforming
with the zoning.
Mr. Valentine:
Right.
Mr. Morrow:
So it doesn't stop you from moving forward. This is just
housekeeping.
Mr. Valentine:
I already had Council approval loo. Is that correct?
Mr. Taormina:
This will proceed to Council.
Mr. Morrow:
That will go forward to the Council, but @'s not holding you up at
all. Everything will catch up in time. Any questions?
Mr. Taylor:
Just one other, Mr. Chairman. Mark, they're going to have to
have a first and second reading on this, but that wont hold up
their petition.
April 24, 2012
26080
Mr. Taormina:
That's correct.
Mr. Taylor:
Okay. Thank you.
Mr. Morrow:
Is there anything else? Do you have anything else you want to
add?
Mr. Valenfine:
No thanks.
Mr. Morrow:
Okay. Is there anybody in the audience that wishes to speak for
or against the granting of this petition? We'll need your name
and address for the record please.
Marsha Malec,
36114 Parkhurst, Livonia, Michigan 48154. I'm here with my
husband, Jerry. We're one of the houses that's on the drawing.
Could you just help clarify for me the exact location of the
property that we are talking about? A couple years ago I know
there was another petition to build a medical center, and it was
off of the ravine. Is this that same location or is this a different
one?
Mr. Morrow:
This is right behind the gas station.
Mr. Taormina:
Yes. I will display an aerial photograph and it will give you a
better understanding of the location. It would appear that one
building sits on the property, today, but it's actually two buildings.
Those will be demolished to make room for the new medical
center. This building sits just south of the gas station as the
Chairman indicated and just west of the car wash. This is the
building that is immediately adjacent to the southwest comer of
the car wash building and then the veterinary clinic is further to
the south. I believe the property you're referring to is another
two parcels further to the south located here where that creek
flows through across Levan Road. So this is a completely
different property than the one you're thinking of.
Ms. Malec:
So there is already an existing building there?
Mr. Taormina:
There is already a building there that will be demolished and,
once complete, will look like this.
Ms. Malec:
Thank you for the clarification. The concern that I had about the
ravine is, I'm sure you know, the City has got a grant and
several of our neighbors are paying lens of thousands of dollars
in extra taxes to help build up the ravine. Ijust wanted some
assurance that wasn't the piece of property that was right
behind the ravine.
April 24, 2012
26081
Mr. Morrow:
No. We're very familiarwith that piece of property.
Ms. Malec:
We're very grateful for the City to come up with the grant and for
our neighbors that are paying the extra taxes to have the ravine
built up. So we're very grateful for that. Thank you for the
clarification.
Mr. Morrow:
Thank you for coming. If nobody else is coming forward, I'm
going to close the public hearing and ask for a motion.
On a motion by Smiley, seconded by Scheel, and unanimously adopted, it was
#04-35-2012
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on April 24, 2012, on
Petition 2012-03-01-02 submitted by Kordoba, L.L.C./Masri
Orthodontics pursuant to Section 23.01 of the City of Livonia
Zoning Ordinance #543, as amended, requesting to rezone a
portion of the properly at 15230 Levan Road, located on the
east side of Levan Road between Lyndon Avenue and Five Mile
Road in the Northeast 1/4 of Section 20, from C-1 to OS, the
Planning Commission does hereby recommend to the City
Council that Petition 2012-03-01-02 be approved for the
following
1. That OS zoning is compatible to and in harmony with the
surrounding zoning districts and land uses in the area;
2. That OS zoning would unify the zoning of the entire
property;
3. That OS zoning would more accurately correspond to the
recently approved use of a medical office building and
provide for a conforming front yard building setback; and
4. That OS zoning is consistent with the developing character
of the area.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 23.05 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.
April 24, 2012
26082
ITEM #2 PETITION 2012-03-02-06 WING STOP
Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012-
03-02-06 submitted by A to Z Wings, L.L.C. requesting waiver
use approval pursuant to Section 11.03(c)(1) of the City of
Livonia Zoning Ordinance #543, as amended, to operate a full
service restaurant (Wing Stop) at 28517 Schoolcraft Road within
the Millennium Park retail center, located on the south side of
Schoolcraft Road between Middlebelt Road and Inkster Road in
the Northwest 1/4 of Section 25.
Mr. Taormina: This is a request to operate a new full service restaurant that
would be located within the Millennium Park retail center which
is located on the southeast corner of Middlebelt Road and
Inkster Road. The restaurant would be located within the multi -
tenant retail building which is just south of Schoolcraft Road in
the northeast quadrant ofthe Millennium Park development. As
you know, Millennium Park contains a number of national
retailers, including Home Depot, Meijer's, Petsmart, Famous
Footwear, Marshalls and, more close to this particular location
where the restaurant is going, there's a Logan's restaurant in a
separate building immediately to the west. Adjacent to this
space is Panera Bread, which is within this multiple tenant retail
building. This is the aerial photograph that shows you the
approximate location of that portion of the shopping center
where the restaurant is going. This is a more detailed plan
which shows you the location of the building in relationship to
Schoolcraft Road and the 1-96 Expressway. This space
measures about 2,000 square feet. It's a 20 foot wide space.
The depth is a little over 95 feet. There would be 70 interior
seats. There are no plans currently for any outdoor seating.
Parking, as you can see from this plan, is more than adequate
to serve the needs of the proposed restaurant and other retail
users in the vicinity. They are not proposing any exterior
changes with respect to the plans. They have submitted a floor
plan that shows the layout of the seating as well as the other
facilities including the kitchen, restrooms, storage and cooler
space. They are permitted one wall sign. They are showing it
would be in compliance with the ordinance. It would be 20
square feet in total size, and it would be situated above the
proposed tenant space on an area that is designed to
accommodate the signage. With that, Mr. Chairman, I can read
out the correspondence.
Mr. Morrow: Please
April 24, 2012
26083
Mr. Taormina:
There are four items of correspondence. The first dem is from
the Engineering Division, dated April 13, 2012, which reads as
follows: "In accordance with your request, the Engineering
Division has reviewed the above-referenced waiver use
approval request. The written legal descriptions provided
adequately describe the overall site. The address for this site is
confirmed to be 28517 Schoolcraft Road. Note that we are, via
copy of this comespondence, providing the petitioner with a copy
of Section 13.20.380 of the City Ordinances. This Ordinance
limits the amount of Fats, Oils and Grease (F.O.G.) which can
be discharged to the City sanitary sewer system to 100
milligrams perliterby weight. The Ordinance can be viewed on
our website at wwwalivonia.mi.us." The letter is signed by
Kevin G. Roney, P.E., Assistant City Engineer. The second
letter is from the Livonia Fire & Rescue Division, dated March
27, 2012, which reads as follows: "This office has reviewed the
plans for this petition to operate a full service restaurant located
at the above referenced address within the Millennium Park
retail center. 1 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 March 30, 2012, which reads as
follows: "1 have reviewed the plans in connection with the
petition. 1 have no objections to the proposaL" The letter is
signed by John Gibbs, Sergeant, Traffic Bureau. The fourth
letter is from the Inspection Department, dated September,
2012, which reads as follows: "Pursuant to your request of April
17, 2011, the above-referenced petition has 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? Seeing none, is the
petitioner here tonight? We'll need your name and address for
the record.
Jonathan Brightman,
40015 Grand River Avenue, Suite 105, Novi, Michigan.
Good evening. I'm a commercial real estate broker. I'm here
tonight for A to Z Wings. The A is Andy Elliofl and the Z is Zack
Elliott. They're brothers, and they'll be operating the business.
I'll lel them give you their own addresses when they speak.
Mr. Morrow:
Okay. That will be fine.
Mr. Brightman:
Thank you very much for the opportunity to be here tonight.
We're very excited. Wing Slop is a national franchise. They
have over 500 locations in 33 stales, and now we're the 34`
state. This will be the first location for this national franchise in
Michigan. We'll be here in Livonia. It's a wonderful progmm
April 24, 2012
26084
that they have for the franchisee, the way the product is done
and marketed. The nature of the product is very healthy, the
way they do the preparation of the food. We're very excited to
be able to be here. If you have any specific questions, we're
happy to address them. I'll just let Andy and Zack introduce
themselves via their addresses and their presence.
Andrew Elliott, A to Z Wings, L.L.C., 14954 Heyer, Livonia, Michigan 48154.
Zackary Elliott,
38196 Connaught Drive, Northville, Michigan 48167.
Mr. Morrow:
Thank you, before I go to the Commission, is there anything
you'd like to add to the presentation other than what you've
said?
Mr. Brightman:
No. I thought it was very complete, and we're very excited to
get open.
Mr. Morrow:
Okay. Let's see if the Commission has any questions.
Mr. Taylor:
Evidently you're going to call it A to Z Wings. Is Wing Slop a
corporate name?
Mr. Brightman:
Wing Stop will be the name of the restaurant. Every restaurant
in the chain for purposes of tax collection, etc., etc., is all set up
as a private L.L.C. So the public will never see the A to Z
Wings. Thal will only be for the purposes of fling a tax return or
Articles of Incorporation.
Mr. Taylor:
If I may ask, how did you hear about Wing Slop? It's down in
Texas and all over the country.
Mr. Brightman:
I could let Andy speak, but he happened to be at one of them
and heard some friends hear that
it was a great restaurant. I
think he sampled food or something and found out it was a great
place, and he said, this is where I'd like to commit my
professional future to opening a restaurant here in Livonia. He
loved the concept and they gave him a wonderful presentation
in Dallas, Texas, as to how they conduct their business.
Mr. Taylor:
Other than wings, what else do they have?
Mr. Brightman:
I think you might have a package, but there's another restaurant
chain that has a slider. Their thing is a glider. So they have a
boneless chicken breast sandwich that's very popular. You can
get all the fixings to go along with your dinner, potato salad,
baked beans, other kinds of fixings. They're very successful.
Franchisees open at multiple locations in Dallas and Florida and
April 24, 2012
26085
many other states. In Chicago, there's a number of locations. I
met the Elliotts in a professional way working with them on a
real estate project, and they said could you help our sons go
through the process of identifying a great site. And here we are.
We found a wonderful site at Millennium and we're excited to be
there.
Mr. Taylor:
We don't have that menu that you're talking about. Maybe
somebody does, but we don't. I was kind of giving you a little
free advertisement, is what I was doing.
Mr. Brightman:
That's great. Obviously, they have chicken wings, and people
love chicken wings watching football games, etc., etc., going on
picnics, parties, catering events, and I'm sure these guys will do
a grealjob packaging it up.
Mr. Taylor:
Is carryout a big thing?
Mr. Brightman:
Eighty percent ofthe business is carryout.
Mr. Taylor:
And how are the wings cooked?
Andrew Elliott:
They're deep fried.
Mr. Taylor:
Thank you very much.
Mr. Wilshaw:
I'd like to hear from Mr. Elliott and his brother to find out a little
bit about their background, if they have any experience in
working at restaurants or owning a restaurant, and they can tell
us a little bit about this restaurant and how it's going to operate.
I'd love to hear.
Andrew Elliott:
As a teenager, I had several jobs at restaurants but never really
management experience. This will be my first time in a
management type position for a restaurant, but there's a month
long training session down in Dallas, Texas, working at an
actual Wing Slop. I think it would be sufficient to gel my feel
wet down there first before we try it for real up here. I heard of
Wing Slop while going to audio engineering school in Nashville.
To me, it was like a little treat. I didn't have a lot of money at the
time so once in a while I'd get myself some wings and they're
really good French fries, also.
Mr. Wlshaw:
That's excellent. I appreciate too that you're a Livonia resident
and looking to open your business in Livonia. Your brother is a
Northville resident, a neighbor community, so that's excellent.
Mr. Taormina:
April 24, 2012
26086
Zachary Elliott:
I worked at a Taco Bell north of Eight Mile on Haggerty for about
five years. So I have just extensive food handling knowledge
and safety.
Mr. Wlshaw:
Excellent. That's good to hear.
Mr. Morrow:
Yes, Mr. Taormina?
Mr. Taormina:
This is a question as it relates to refuse. Do you think what is
currently provided behind the building is adequate for your
needs? And then next is the question of how grease will be
Mr. Brightman:
handled from within the restaurant, whether or not a separate
Mr. Taormina:
container is necessary or if that's done internally?
Mr. Brightman:
I spoke with the Wing Stop people today anticipating that
question, and I have some materials that I can share with you.
This is a professional operation. They want to be a good
neighbor in terms of any waste, outside papers and things like
that. They want to keep the store attractive. I'm happy to share
this information. They haven't drawn specifically all the
underground plumbing plans, etc., associated with everything,
but these people have an established track record. They have
over 500 locations. This is not the first time they're doing this,
and they will work in harmony with the Building Department and
meeting the requirements of what needs to be done.
Mr. Taormina:
Basically, what he has submitted is a plan that shows a 750
gallon grease interceptor. It would appear as if its going to be
installed inside the building, and will not be something that is
exterior. This looks good. Our Building Inspection and
Engineering Departments will lake a look at it prior to final
approval. My next question is, the sign is rather straightforward.
I'm just wondering is that the prototype or the sign that Wing
Slop uses for all of its restaurants? Maybe they have something
else that more adequately portrays or describes the type of use
there. It doesn't really say it's a restaurant or anything like that.
Mr. Brightman:
This name is extremely well known.
Mr. Taormina:
Not in Michigan, though.
Mr. Brightman:
You would be surprised. There are people that go on vacation
and different things, and the Wing Stop name is known
nationally. They're past that 500 unit mark. I'm sure that the
advertising and the promotion and everything ... Troy Aikman
is their spokesman, and they're really gearing up to roll out more
national campaigns. As far as the grease trap, they will meet
April 24, 2012
26087
the requirements as to whatever the City requires of them.
They will work in concert and compatibly with the City.
Ms. Smiley:
So you're not going with the Wing Slop that was on the
drawings?
Mr. Brightman:
I'm the broker. That's not my purview to recommend. I can
pass on to the real estate people. I mean, I think that because
of the depth of the building and where theyre located, I think
they wanted to gel the name out there and then they'll probably
use the logos and things within the store itself. But I can pass
on any information that you might say regarding ....
Ms. Smiley:
I'm just curious. I'm not suggesting you door you don't. I'm just
saying this is identifiable and it says right there, dine in or carry
out, Wing Stop, the wing experts. I just thought, in most
corporations they'd want you to use their prototype or put it out
there. But whatever you want to do to, I'm okay with that.
Mr. Brightman:
I'm sure that whatever signage they settle on will be done
consistent with the City.
Mr. Morrow:
Primarily, our role is to make sure it's a conforming sign. You're
pretty much given the latitude what you want. As you say,
hopefully the reputation will precede the sign and everybody will
know what it is.
Mr. Brightman:
Right.
Mr. Morrow:
As far as the grease trap, we just want to make sure you're
aware it could be something, but it sounds as though that's not
a problem and you'll be conforming with Engineering and the
plans and everything like that.
Mr. Brightman:
Yes.
Mr. Morrow:
Anything else?
Mr. Bahr:
When do you anticipate opening?
Mr. Brightman:
Well, today as we turn around, its probably going to be May 1.
My guess is, I mean the days go by, so we're almost at May 1.
My guess is probably August 1 or September 1.
Mr. Elliott:
September or so.
Mr. Brightman:
Once they gel going, things go pretty fast, but it takes a little
while to gel all the approvals, etc.
April 24, 2012
26088
Mr. Morrow:
Mark, on that subject, say we forward it to Council tonight.
When do you think it can gel through City Council? Just a
ballpark figure to give them an idea.
Mr. Taormina:
Probably mid-May is when they will appear at the Council. At
the end of May, they'll get their permits or get their approvals.
So they're looking at probably a June timeline for permitting and
under construction in July and August. They should meet their
target.
Mr. Morrow:
Does that sound within the ballpark?
Mr. Brightman:
We are grateful for everything that can be done to make the
timeline move faster.
Mr. Morrow:
Are there any other questions? 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
Bahr, seconded by Wilshaw, and unanimously adopted, it was
#04-36-2012
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on April 24, 2012, on ,
Petition 2012-03-02-06 submitted by A to Z Wings, L.L.C.
requesting waiver use approval pursuant to Section 11.03(c)(1)
of the City of Livonia Zoning Ordinance #543, as amended, to
operate a full service restaurant (Wing Slop) at 28517
SchoolcraR Road within the Millennium Park retail center,
located on the south side of SchoolcraR Road between
Middlebell Road and Inkster Road in the Northwest 1/4 of
Section 25, which properly is zoned G2, the Planning
Commission does hereby recommend to the City Council that
Petition 2012-03-02-06 be approved subject to the following
conditions:
1. That the maximum customer seating count shall not
exceed seventy (70) seals;
2. That this restaurant shall provide internal disposal of
grease waste in accordance with Section 13.20.380 of the
City Code of Ordinances;
3. 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;
and
April 24, 2012
26089
4. That no LED lightband or exposed neon shall be permitted
on the site including, but not limited to, the building or
around the windows.
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, Chairman, declared the motion is carried and the foregoing
resolution adopted. It will go on to City Council with an
approving resolution. We want to wish you all the luck in the
world. We've got two energetic young men, and I'm sure they'll
make it a success.
Mr. Brightman: Thank you very much.
Mr. W lshaw: Good luck to you.
Mr. Andy Elliott: Thank you.
ITEM #3 PETMON 2012-03-02-07 LAS PALAPAS
Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012-
03-02-07 submitted by Agustin Ochoa requesting waiver use
approval pursuant to Section 19.06 of the City of Livonia Zoning
Ordinance #543, as amended, to construct an outdoor dining
patio and add seats in connection with an existing full service
restaurant (Las Palapas) at 33308 Plymouth Road within the
Fountain Park Plaza retail center, located on the north side of
Plymouth Road between Farmington Road and Mayfield
Avenue in the Southwest 1/4 of Section 27.
April 24, 2012
26090
Mr. Taormina: This request is for an outdoor dining patio area and to add seals
at a restaurant that is located within the Fountain Park Plaza
retail center, which is on the north side of Plymouth Road
between Farmington and Mayfield. The site in question is
zoned C-2, General Business. Fountain Park Plaza is made up
of several different buildings. Closest to the intersection of
Plymouth and Farmington is a Dollar Tree that was originally
constructed as a Walgreens. Immediately to the east of the
Dollar Tree is what is referred to as Retail Building "B". This is a
12,600 square foot multi -tenant building that presently contains
Biggby Coffee, Red Olive Restaurant, Zip Tanz, Check Smart,
BoRics Hair Care, RJ Ice Cream & Pie, and Jimmy Johns
Sandwiches. Immediately to the east of that is the building that
we will be looking at this evening, which is referred to as Retail
Building "A", which is a 5,287 square foot building that contains
two tenants, Las Palapas, which occupies about 3,280 square
feel, that's the westerly portion of the building; and then Wild
Bill's Tobacco, which occupies the balance of that building. As
you move further to the east, there are two banks. The banks
were part of the original development of Fountain Park Plaza, as
was the condominiums located immediately to the north. The
large green area is a wetlands area that was preserved as part
of the development. Las Palapas received waiver use approval
to operate as a full service restaurant originally in February,
2010. They were restricted to 94 interior seals. They are
proposing to add 20 seats within the proposed outdoor dining
patio. By adding those 20 seats, they would raise the seating
count up to 114. The patio would be constructed along the west
side of the restaurant within the 24 foot wide space separating
Retail Building "A" from Retail Building "B". There is a walkway
that leads from the walk in front of the stores to some parking
and some service areas located at the rear of these buildings.
There is a small fountain structure with some landscaping. To
accommodate the new patio, the landscape areas would be
removed. The seating area would measure about 420 square
feet, which is 12 feet in width by about 35 feel in depth. The
perimeter of the outdoor seating area would be enclosed by a
36 -inch high decorative aluminum fence. Access to the patio
would be by means of the door that presently exists on the west
side of the restaurant. There would be an emergency access
point on the north side of the patio. We've measured the
distance between the patio and the nearest condominiums. To
the nearest condo, it's about 125 feet to the garage, and then
probably 150 feet to the closest living area. Currently, Jimmy
Johns Sandwiches utilizes a portion of this outdoor patio area
for some outdoor seating. They were permitted nine outdoor
seats. They have three umbrella tables next to their unit. This,
April 24, 2012
26091
as they are showing it on the plans, would not interfere with that
area. They might have to rearrange some of the tables, but it
does show how it can be done and still maintain access
between the two outdoor dining areas. The parking was
computed on the basis of a group commercial center where it
was known prior to the development that more than 15% of the
floor area would be devoted to places of assembly, including
restaurants. When we measure parking for these types of uses,
we compute it based on a ratio of one parking space for every
125 square feel of useable floor area. The overall parking was
figured collectively for all of the buildings that make up Fountain
Park, and the existing number of parking spaces does comply
with the Zoning Ordinance and should accommodate the
additional outdoor seating. However, currently at times of peak
demand, it's well known that parking at the site can be busy and
sometimes forces patrons of these retail areas to park either at
the banks or the adjacent Dollar Tree facility. In terms of
exterior changes, they are not proposing any exterior changes
to the building, only the addition of the patio. We have indicated
some of the concerns that were expressed at the study meeting
with respect to lighting, outdoor speakers and advertising. The
petitioner can respond in terms of what his thoughts are in those
areas. With that, Mr. Chairman, I can read out the
correspondence.
Mr. Morrow: Please
Mr. Taormina: There are four items of correspondence. The first item is from
the Engineering Division, dated April 13, 2012, which reads as
follows: "In accordance with your request, the Engineering
Division has reviewed the above -referenced waiver use
approval request. The address for this site is confirmed to be
33308 Plymouth Road. Should this project proceed, it is
important that the developer's architectlengineer address storm
water drainage changes as a result of this site work, to ensure
that there is no negative drainage impact to the adjacent
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 April 3, 2012, which reads as
follows: 'This office has reviewed the plans for this petition to
conshuct an outdoor dining patio and add seats in connection to
a full service restaurant located at the above referenced
address. 1 have no objections to this proposal." The letter is
signed by Earl W. Fester, Fire Marshal. The third letter is from
the Division of Police, dated April 11, 2012, which reads as
follows: "1 have reviewed the plans in connection with the
petition. 1 have no objections to the proposal" The letter is
signed by John Gibbs, Sergeant, Traffic Bureau. The fourth
April 24, 2012
26092
letter is from the Inspection Department, dated April 19, 2012,
which reads as follows: "Pursuant to your request, the above -
referenced petition has been reviewed. The following is noted.
The number of existing parking spaces meets the requirements
of the ordinance, however, at certain times during the day the
parking lot is full and patrons are required to find parking spaces
on neighboring properties. 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, you mentioned that sometimes parking goes over to the
Dollar Tree or the bank. Do they have any control over that, or
as part of the development, do they have to allow that to
happen? Is the Dollar Tree able, for example, to say customer
parking only and keep that from happening?
Mr. Taormina:
I'm not aware of any issues or problems related to the parking
extending beyond this area and onto the adjoining properties.
I'm not aware of any problems associated with that.
Ms. Smiley:
Mark, was there any discussion about cutting the seating inside
if they're going to 20 outside?
Mr. Taormina:
Why don't I just let the petitioner respond to that? I know he has
to move some seats around. It could very well mean that a few
of the inside seats have to be removed in order to make
adequate ingress and egress from the restaurant through that
doorway to the outdoor patio, but I'll lel him explain how many
that might involve because I really don't know.
Ms. Smiley:
Its a busy restaurant. I can't imagine how they're going to
move in and out of there without eliminating some of that.
Thank you.
Mr. Taylor:
Through the Chair to Mark. Mark, what about landscaping?
They're going to take a little bit of landscaping out. Now, I know
they've got a nice landscape area behind the building. Is that
considered part of their landscaping? There's a lot of trees and
shrubs right behind their building.
Mr. Taormina:
I don't know that it's a part of their landscaping. I think what's
happening is the landlord is allowing them to eliminate some of
the greenspace in this area and have it replaced with the
hardscape, with the concrete patio. The stamped concrete is
the material they're going to use. They're going to have to
April 24, 2012
26093
widen the pavement for proper access from the front to the back
of these stores. I don't know that it's part of their lease unit.
Again, I'll let him answer what additional space he's leasing and
has the rights to utilize, but I'm guessing that the balance of the
area beyond this patio is still just common area as part of the
shopping center complex.
Mr. Taylor: When did Jimmie John's come in for their outdoor sealing?
Mr. Taormina: The notes say that was done at the time they were approved.
Mr. Taylor: I dont remember that. Okay. Thank you.
Mr. Morrow: Anything else? Mark, are both banks, or just one of those
banks, part of this development?
Mr. Taormina: They were both part of the development. If you recall, the
original plans for Fountain Park identified both of those pads as
potential restaurants, but as it turned out, they were both
developed as banks, TCF and Fifth Third.
Mr. Morrow: They're all part ofthatlotal parking.
Mr. Taormina: We computed all the parking originally when that plan came in
based on the 1 to 125 standard, and it was with the
understanding that there would be cross access and parking
between all of the properties within this development. Since
then, the properties have been subdivided or split off, and I don't
know if any legal arrangements there are between them, but I'm
not aware of any problems associated with people parking on
the other sites.
Mr. Morrow: Okay. I just was curious. I couldn't remember if both of those
pads were part of it. If there is nothing else, is the petitioner
here? We'll need your name and address for the record.
Agustin Ochoa, Las Palapas, L.L.C., 14172 Adene Lane, Belleville, Michigan
48111.
Mr. Morrow: Is there anything you'd like to add to the presentation thus far
and then we'll see if there's any questions from the
Commission?
Mr. Ochoa: I know you guys had a few questions. Outdoor lighting, we
don't really intend on adding any more lighting. There are two
very large lights that exist right outside of that doorway. They
provide more than enough lighting. To be honest with you, I'd
probably like it to be a little bit dimmer because we do want it to
April 24, 2012
26094
be a little bit more intimate. I know sometimes inside the
restaurant it gets kind of crazy and it's bright and loud. I know
there are a few customers who would really enjoy sifting outside
and enjoying a few cocktails and some dinner.
Mr. Taylor:
You're not having any music out there whatsoever?
Mr. Ochoa:
No, not at all.
Mr. Taylor:
And no microphones, like saying your table is ready, Mr. Jones?
Mr. Ochoa:
No. Actually, our way is kind of crazy, but we actually just go
out and call out names. But mostly people wait in the front of
the restaurant right now. They wouldn't be waiting in the patio
area.
Mr. Taylor:
And the landscape area that you're going to remove, are you
going to put some more trees back behind that to kind of fulfill
what you've taken out?
Mr. Ochoa:
Yeah. I mean that's something that me and developer are going
to have to work on together. We would like to use their concrete
contractor just to make sure that the pattern on the stamped
concrete matches what exists. I know they lend to use mostly
the same contractors all the time. We'd be more than willing to
add some bigger trees if that's what the neighbors in the back
would like, just to eliminate any of the noise that would come
from the pato. We'd be more than willing to work with the City
or the developer to make sure everything is okay.
Mr. Taylor:
And we know you have to have a fenced in area because of the
liquor, and people cannot go out of that fenced area. Right?
Mr. Ochoa:
That's correct.
Mr. Taylor:
That's for the Liquor Control Commission.
Mr. Ochoa:
That's correct.
Mr. Taylor:
What about the fountain out in front? Is there some way we can
get that thing working again? It's kind of in bad shape.
Mr. Ochoa:
You know what? I believe it was Mark that I asked before, I
said, well, maybe, as one of the requirements we could put it on
there that the fountain has to be working. I mean I think its kind
of crazy that it's called Fountain Park Plaza and the fountain
doesn't work. I think it would be a nice feature.
April 24, 2012
26095
Mr. Taylor:
I remember we went through a lot when we put that it. There
was a lot of argument about that fountain when we put it in.
Mr. Ochoa:
Its a beautiful fountain. I think they might have lel it go one of
the winters, and it cracked. If it can be repaired, it would be nice
to have it repaired or even replaced. Like I said, maybe we
could put it on as one of the requirements. We can work with the
developer
or they can just put it in themselves. Gel it fixed, get
it working.
Mr. Taylor:
Do you have any people complaining about parking there to get
into your restaurant?
Mr. Ochoa:
The only complaint I've been having is how come you didn't
lake the Wild Bill spot next door over just because they don't
want to wail anymore. On any given night lately, thank god,
we've been really, really busy. We have up to 50, 60 people
wailing. If they're wailing, obviously they've already parked. It
would be a lot better for them to be silting down at a table.
Mr. Taylor:
Well, the good news is that you've got a very successful
business. I know that because whenever you go there, like you
say, there's always people wailing. That's all I have right now.
Ms. Smiley:
Is the outside going to be for bar primarily or are people going to
eat out there?
Mr. Ochoa:
Both. I don't know if you've had a chance to come by the
restaurant. Yes, we try to give you the whole Mexican
experience, that includes Margaritas and beer, but we're not
really trying to be a bar. Come to the restaurant, have dinner,
have some drinks. Go on down the street, you know, Kickers,
One Under, they do all kinds of great things. Go over there for
the bar experience.
Ms. Smiley:
I know you have families. Okay. Then my other question was,
because I have been there, have you thought about lowering
the number of seals inside?
Mr. Ochoa:
In order for us to be able to gel the food out there, get the drinks
out there, get our wait staff in and out, we do have to remove
two of the tables. That will eliminate eight seals on the inside.
In the winter when the patio is closed, we would bring them
back in, but in order for us to gel everything in and out of the
door, we have to remove two tables.
Ms. Smiley:
Thal sounds good. I would like to see that because it gets really
... I have been to your place.
April 24, 2012
26096
Mr. Ochoa:
It gets hectic, doesn't it?
Ms. Smiley:
Yes. Those big Margaritas would look terrible on somebody.
Okay. Thank you.
Mr. Wilshaw:
Welcome back, Mr. Ochoa. Its good to see you again. I'm glad
you're able to gel away from your busy restaurant.
Mr. Ochoa:
This is my day off, right here.
Mr. Wilshaw:
Certainly your establishment has been a success. I have a
couple questions for you though. Your dining area outside is
going to basically go on lop of part of the existing sidewalk that
goes between the two properties. There's sort of an S shaped
sidewalk that goes through there, and you're going to kind of put
your dining patio on lop of that. So, you're going to concrete
over some of the other area outside of your dining patio area,
correct?
Mr. Ochoa:
That's correct.
Mr. Wilshaw:
And then that's going to facilitate the walkway for people to be
able to go between the stores and the residences behind there,
right?
Mr. Ochoa:
Right. Actually, if you look at the drawings, right before it gels to
where our patio would start, it arches away. That way you're
able to use our emergency gale, and then you're also able to
lake the other way and then walk over to the other shops.
Mr. Wilshaw:
Okay. I just want to make sure that there's obviously continued
access through
there for people who want to go to the other
stores. The other question I have is, how Tale are you open to
right now?
Mr. Ochoa:
11:00 p.m. on the weekends; 10:00 p.m. on the weekdays.
Mr. Wilshaw:
Would you be willing to consider limiting the hours of this
outdoor patio to something slightly earlier so you don't have
people out there late at night, 11:00 p.m. at night, making noise
for the residents that live behind?
Mr. Ochoa:
Obviously, I can't kick a person out. You can't really do that, but
I'd be more than willing to say after 10:00 p.m., nobody gel's
sealed outdoors. I'm perfectly happy with that. To be quite
honest with you, at 11:00 I just want to go home myself. I don't
want to slick around.
April 24, 2012
26097
Mr. Wilshaw That sounds reasonable. It's not like you're open until 2:00 a.m.
or anything crazy. I think that seems pretty fair if you just slop
sealing people after ten-ish or so.
Mr. Ochoa: Right. I mean we can do 9:00 p.m. on the weekdays; 10:00
p.m. on the weekends. I have no issue with that.
Mr. W Ishaw: Are you going to have those heating lamp type things out there
as well to extend the hours of your outdoor dining at all?
Mr. Ochoa: Somebody asked me that a couple weeks ago. To be honest
with you, I don't know just yet. We just have to see how it works
out during the summer and then we'll see whether it's worth it to
put those up there or not. If we did put them up, it wouldn't be
nothing tacky. And like I said, we don't really intend on doing
anything to the exterior other than the railing and extending the
concrete.
Mr. Wlshaw: Like you said, I think you have certainly a vibrant, lively
atmosphere inside, and the outdoor dining would give people
perhaps a little quieter, different dining experience if they want
that. So it gives them a nice choice. I like that option. Thank
you.
Mr. Morrow: Anyone else? As it relates to your fountain, I never saw the
fountain working. So I dont know how it works if that makes
sense. We do have wind in Michigan, and I don't know how that
would affect your outside dining. If the wind should be coming
from a different direction, you could gel some mist going across
the table.
Mr. Ochoa: That might also give them the "being in Mexico on a beach
experience'.
Mr. Morrow: I'm sure you thought about it, but maybe people won't enjoy that
experience. Are there any other questions of the petitioner? Is
there anybody in the audience that wishes to speak for or
against the granting of this petition?
Peter Avery, 11844 Farmington, Livonia, Michigan. I live in the condominium
complex right behind this restaurant. My concern is the noise
from that place, not that I'm aware there's a problem presently,
but my concern is primarily how late at night this place is going
to be open.
April 24, 2012
26098
Mr. Morrow:
Excuse me. Could someone please close the door in the back?
We have a vacuum cleaner running. We want to make sure we
get every word. Now, let's take it from the top.
Mr. Avery:
Okay. My big concern, what time is this restaurant going to
close and are we going to risk having a lot of noise late in the
evening? I heard you discussing it, but I'm not clear as to what
time its going to close.
Mr. Morrow:
Based on what we just heard, its 11:00 p.m. They don't stay
open any later than that, and he just indicated that he would
stop seating after 10:00 to make sure the hours aren't extended.
Mr. Avery:
That seems to me a little late.
Mr. Morrow:
A lot of places where they serve liquor and drinks, they
sometimes go to 2:00 a.m. He's more of a family restaurant and
by the time 11:00 p.m. comes around, he's ready to go home.
Mr. Taormina:
I think he indicated there are two different times. There is a
10:00 p.m. closing time during the week and 11:00 p.m. during
the weekends. So he would stop seating people in the outdoor
dining area at 9:00 p.m. during the weekdays and stop seating
people at 10:00 p.m. during the weekends to allow them to dine
up until closing time, either 10:00 p.m. or 11:00 p.m.
Mr. Morrow:
Yes, that one modification - during the week it goes from 10:00
p.m.
Mr. Avery:
I still feel that 11:00 at night, people are not going to suddenly
rush out at 11:00 p.m. Its liable to drag on. People live close
enough to that to be disturbed. Drinking often turns out to be a
noisy business and that's my concern.
Mr. Morrow:
We appreciate your comments sir.
Mr. Avery:
Thank you.
Mr. Morrow:
Seeing no one else coming forward, I'm going to close the
public hearing.
On a motion by Taylor, seconded by Smiley, and unanimously adopted, it was
#04-37-2012
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on April 24, 2012, on
Petition 2012-03-02-07 submitted by Agustin Ochoa requesting
waiver use approval pursuant to Section 19.06 of the City of
Livonia Zoning Ordinance #543, as amended, to construct an
April 24, 2012
26099
outdoor dining patio and add seats in connection with an
existing full service restaurant (Las Palapas) at 33308 Plymouth
Road within the Fountain Park Plaza retail center, located on
the north side of Plymouth Road between Farmington Road and
Mayfield Avenue in the Southwest 1/4 of Section 27, which
property is zoned C-2, the Planning Commission does hereby
recommend to the City Council that Petition 2012-03-02-07 be
approved subject to the following conditions:
1. That the Patio Approval Plan marked Drawing No. AO.1.1
dated June 24, 2011, as revised, prepared by Serra -Marko
& Associates, is hereby approved and shall be adhered to;
2. That the maximum number of customer seats shall not
exceed a total of one hundred fourteen (114) seats,
including ninety four (94) interior seals and twenty (20)
outdoor patio seals; and that during the time the outdoor
patio is open, there shall be eight (8) fewer seats inside the
restaurant;
3. That there shall be no outdoor speakers or sound
equipment, including televisions, allowed at any time;
4. That all light fixtures shall be aimed and shielded so as to
minimize stray light trespassing across property lines and
glaring into adjacent roadways;
5. That the fountain shall be refurbished and in working order;
6. That the Petitioner shall slop sealing patrons in the
outdoor patio at 9:00 p.m. on weekdays and 10:00 p.m.
on weekends; and that the patio shall not remain open
after 10:00 p.m. weekdays and 11:00 p.m. on
weekends;
7. 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.
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
Section 19.06 of the Zoning Ordinance #543; and
2. That the proposed use is compatible to and in harmony
with the surrounding uses in the area.
April 24, 2012
26100
FURTHER RESOLVED, that nofice 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. Taylor:
That seating people on the patio will slop after 9:00 p.m. and
10:00 p.m., depending on the weekdays and weekends.
Ms. Smiley:
Could I suggest to the maker of the motion that they were
agreeable to remove eight seats inside, that we change the
sealing to 106 with 86 interior seats and 20 outdoor seats?
Mr. Taylor:
I think he indicated that he would have to do that anyways. We
can get it in the resolution. It might be a little cumbersome
removing seals and putting them back in. I don't know.
Mr. Morrow:
What are your thoughts on that, Mr. Taormina?
Mr. Taormina:
I think we've done that before. We've fashioned language for
one other petition where there was similar type of switch off. I'll
have to take a look at it. I can't recall exactly how it was
worded. If the desire is to have eight fewer seats within the
inside of the restaurant when the patio is open, then we can
fashion that language.
Mr. Morrow:
Okay. Fashion that language.
Mr. Taylor:
I have no problem.
Mr. Morrow:
We heard from the petitioner that's certainly something he'd
have to do to keep the operation running smooth inside.
Mr. Taormina:
I dont know if you want that defined in terms of seats as much
as defined in terms of compliance with an ingress and egress
area that the Inspection Department is going to require.
Mr. Taylor:
I think by fire law, he can't block that area off. That's what I
mean. So we can put it in, but by fire ordinance, he cant block
that area off at the door.
Mr. Taormina:
We'll put together some language and probably include both.
Mr. Taylor:
I wasn't sure about the 9:00 p.m. and 10:00 p.m. closing out on
the patio. I heard different things. I don't think at 10:00 p.m.
they're going to get much out there anyway because they have
more of an earlier business. It kind of goes down as you get to
April 24, 2012
26101
9:00 p.m. and 10:00 p.m. The inside sealing, from when I've
been there at that time, is pretty available.
Mr. Morrow:
We do live in Michigan.
Mr. Taylor:
There's not going to be too many people outside. But if you
want to clean that language up, I have no problem with it, Mark.
Mr. Taormina:
l understand.
Mr. Morrow:
Anything else?
Mr. Bahr:
I actually would move, if there would be support for it, to add in
the condition that no advertising be permitted on the seating
apparatus outside. I'm not sure if there's support from the
Commission on that.
Mr. Morrow:
Is the maker of the motion ...
Mr. Taylor:
I have a problem with that mainly because this is set back in
between two buildings. This is a Mexican restaurant and that's
the way they kind of advertise is they have a lot of balloons and
whistles so to speak. If it were out on Plymouth Road, I could
see where it would be a problem, but right here, I can't support
that. I dont even know if the petitioner is going to do that to tell
you the truth.
Mr. Morrow:
Well, apparently the maker of the motion would like to not
address that, Mr. Bahr.
Mr. Bahr:
Yes. I agree. I don't have strong concerns about it. My primary
concern is just whether we'd be getting umbrellas advertising
alcoholic beverages or things of that nature. I'm not sure if
there's any precedent with other outdoor sealing restaurants in
the area if we've specified that or not, but like I said, maybe it's
a non -issue with the petitioner, but I'd
prefer for Livonia not
seeing what I consider tacky beer advertising umbrellas.
Mr. Morrow:
We understand.
Mr. Taylor:
I see the petitioner is coming up. Maybe he can answer that
question.
Mr. Ochoa:
I'm going to answer your question real quick if I can. Actually,
there is no way that we could advertise any type of beer or
alcohol or liquor on any of the umbrellas. It violates Michigan
Liquor Control rules.
April 24, 2012
26102
Mr. Bahr: Okay. Then I'm totally set. Thanks for clarifying that.
Mr. Morrow: That was good bringing that to light. Anything else? We've
closed the public hearing. We have a motion before us. May I
have 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. We wish you well. You heard the
gentleman that's a resident there. So we will look forward to
your cooperation in holding the noise down as best you can
during the evening hours with the outside seating. Thank you.
ITEM #4 MOTION TO HOLD A OS DISTRICT REGULATIONS
PUBLIC HEARING LANGUAGE AMENDEMENT
Ms. Scheel, Secretary, announced the next item on the agenda, a motion to hold
a public hearing, pursuant to Section 23.01(b) of the Zoning
Ordinance, as amended, to determine whether or not to amend
Sections 9.02 and 9.03 of Article IX, OS (Office Services)
District Regulations, of the Livonia Zoning Ordinance No. 543,
as amended, in order to modify the types of permitted and
waiver uses including, but not limited to, real estate and
insurance offices, offices of fraternal or religious organizations,
and offices of clubs and lodges. (Petition 2012-03-06-06)
Mr. Morrow:
Mr. Taormina, are there any comments you want to make?
Mr. Taormina:
Not at this point. This is just a motion to hold a public hearing.
It would probably be late May or sometime in June.
Mr. Morrow:
This is a motion brought forward by the Planning Commission. I
will ask for a motion.
On a motion by Scheel, seconded by Taylor, and unanimously adopted, it was
#04-38-2012
RESOLVED, that the City Planning Commission, pursuant to
Section 23.01(b) of Ordinance #543, the Zoning Ordinance of
the City of Livonia, as amended, does hereby establish and
order that a public hearing be held to determine whether or not
to amend Sections 9.02 and 9.03 of Article IX, OS (Office
Services) District Regulations, of the Livonia Zoning Ordinance
No. 543, as amended, in order to modify the types of permitted
and waiver uses including, but not limited to, real estate and
insurance offices, offices of fraternal or religious organizations,
and offices of clubs and lodges. (Petition 2012-03-06-06)
April 24, 2012
26103
FURTHER RESOLVED, that notice of such hearing shall be
given in accordance with the provisions of Section 23.05 of
Ordinance #543, the Zoning Ordinance of the City of Livonia, as
amended, and that thereafter there shall be a report and
recommendation submitted to the City Council.
Mr. Morrow, Chairman, declared the motion is carried and the foregoing
resolution adopted.
ITEM #5 MOTION TO HOLD A C-1 DISTRICT REGULATIONS
PUBLIC HEARING LANGUAGE AMENDEMENT
Ms. Scheel, Secretary, announced the next item on the agenda, a motion to hold
a public hearing, pursuant to Section 23.01(b) of the Zoning
Ordinance, as amended, to determine whether or not to amend
Sections 10.02 and 10.03 of Article X, C-1 (Local Business)
District Regulations, of the Livonia Zoning Ordinance No. 543,
as amended, in order to clarify and make certain changes to the
types of permitted and waiver uses including, but not limited to,
various retail stores, personal service establishments, office
businesses, veterinary clinics, SDD licensed establishments,
and restaurants. (Petition 2012-03-06-07)
On a motion by Wilshaw, seconded by Bahr, and unanimously adopted, it was
#04-39-2012 RESOLVED, that the City Planning Commission, pursuant to
Section 23.01(b) of Ordinance #543, the Zoning Ordinance of
the City of Livonia, as amended, does hereby establish and
order that a public hearing be held to determine whether or not
to amend Sections 10.02 and 10.03 of Article X, G7 (Local
Business) District Regulations, of the Livonia Zoning Ordinance
No. 543, as amended, in order to clarify and make certain
changes to the types of permitted and waiver uses including, but
not limited to, various retail stores, personal service
establishments, office businesses, veterinary clinics, SDD
licensed establishments, and restaurants. (Petition 2012-03-06-
07)
FURTHER RESOLVED, that notice of such hearing shall be
given in accordance with the provisions of Section 23.05 of
Ordinance #543, the Zoning Ordinance of the City of Livonia, as
amended, and that thereafter there shall be a report and
recommendation submitted to the City Council.
April 24, 2012
26104
Mr. Morrow, Chairman, declared the motion is carded and the foregoing
resolution adopted.
ITEM #6 MOTION TO HOLD A C-2 DISTRICT REGULATIONS
PUBLIC HEARING LANGUAGE AMENDEMENT
Ms. Scheel, Secretary, announced the next item on the agenda, a motion to hold
a public hearing, pursuant to Section 23.01(b) of the Zoning
Ordinance, as amended, to determine whether or not to amend
Sections 11.02 and 11.03 of Article XI, C-2 (General Business)
District Regulations, of the Livonia Zoning Ordinance No. 543,
as amended, in order to make changes to certain types of
permitted and waiver uses including, but not limited to, various
retail sales and retail service establishments, wholesale
business uses, gasoline service stations, animal care facilities,
restaurants, auto -wash establishments, establishments serving
alcohol, dance halls, pawn shops, and open-air businesses.
(Petition 2012-03-06-08)
On a motion by Taylor, seconded by Smiley, and unanimously adopted, it was
#0440-2012 RESOLVED, that the City Planning Commission, pursuant to
Section 23.01(b) of Ordinance #543, the Zoning Ordinance of
the City of Livonia, as amended, does hereby establish and
order that a public hearing be held to determine whether or not
to amend Sections 11.02 and 11.03 of Article XI, C-2 (General
Business) District Regulations, of the Livonia Zoning Ordinance
No. 543, as amended, in order to make changes to certain types
of permitted and waiver uses including, but not limited to,
various retail sales and retail service establishments, wholesale
business uses, gasoline service stations, animal care facilities,
restaurants, auto -wash establishments, establishments serving
alcohol, dance halls, pawn shops, and open-air businesses.
(Petition 2012-03-06-08)
FURTHER RESOLVED, that notice of such hearing shall be
given in accordance with the provisions of Section 23.05 of
Ordinance #543, the Zoning Ordinance of the City of Livonia, as
amended, and that thereafter there shall be a report and
recommendation submitted to the City Council.
Mr. Morrow, Chairman, declared the motion is carded and the foregoing
resolution adopted.
April 24, 2012
26105
ITEM #7 APPROVAL OF MINUTES 1,022°° Public Hearings and
Regular Meeting
Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the
Minutes of the 1,022otl Public Hearings and Regular Meeting
held on April 3, 2012.
On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was
#0441-2012 RESOLVED, that the Minutes of 1,022otl Public Hearings and
Regular Meeting held by the Planning Commission on April 3,
2012, are hereby approved.
A roll call vole on the foregoing resolution resulted in the following:
AYES: Taylor, Scheel, Bahr, Smiley, Wilshaw, Morrow
NAYS: None
ABSENT: Krueger
ABSTAIN: None
Mr. Morrow, Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. Morrow: Is there anything else to come before the Commission tonight?
Ms. Scheel: Congratulations outto ourfellow Commissioner.
Mr. Morrow: Let's get that on the record.
Ms. Scheel: On April 23 at 12:28 a.m., Mrs. Krueger gave birth to her baby,
"Anders Harland Krueger, weighing 9 pounds, 21.5 inches long.
He's perfect in every way." So congratulations Ashley and
Damon.
Mr. Morrow: Congratulations.
On a motion duly made, seconded and unanimously adopted, the 1,023rd Public
Hearings and Regular Meeting held on April 24, 2012, was adjourned at 8:10
p.m.
CITY PLANNING COMMISSION
Lynda L. Scheel, Secretary
ATTEST:
R. Lee Morrow, Chairman