HomeMy WebLinkAboutPLANNING MINUTES 2012-02-14MINUTES OF THE 1,020TH PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, February 14, 2012, the City Planning Commission of the City of
Livonia held its 1,020th 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, and Ms. Margie Watson, Program
Supervisor, were also present.
Chairman Morrow informed the audience that if a petition on lonighfs 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 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 len 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 2012-01-01-01 MENARD, INC.
Ms. Scheel, Secretary, announced the first item on the agenda, Petition 2012-01-
01-01 submitted by Menard, Inc. pursuant to Section 23.01 of
the City of Livonia Zoning Ordinance #543, as amended,
requesting to rezone properly at 12701 Middlebell Road,
located on the west side of Middlebell Road between the CSX
Railroad right-of-way and Schoolcraff Road in the Northeast 1/4
of Section 26, from M-1 to 62.
February 14, 2012
25971
Mr. Taormina provided background on the item and presented a map showing
the properly under petition plus the existing zoning of the surrounding area.
Mr. Taormina: This parcel is located on the west side of Middlebelt between
the CSX Railroad nghl-0f-way and Schoolcraft Road. The site
is about 46 acres in area. This is the site of the former
Advantage Logisfics facility, which operated as a main
warehouse and distribution center for the Kroger Company.
The warehouse is located on the southerly portion of the
property adjacent to the railroad right-of-way. This building
comprises about 780,000 square feet of space. The area that is
proposed to be rezoned is about 26 acres in area with
approximately 800 feel of width and a depth of roughly 1,500
feel. The proposed C-2 General Business zoning would
encompass most of the area occupied by the building as well as
a significant portion of the parking area that was once occupied
by Advantage Logistics. The westerly portion of site would
remain under the M-1 zoning category. To the north, west and
south are a variety of industrial buildings. Immediately to the
north of this site is the dairy production facility still owned and
maintained by the Kroger Company. To the north of that and
right at the southwest corner of Middlebelt Road and Schoolcraft
Road is the commercial property that was formerly occupied by
Walmart. Immediately to the west of that is a UPS facility. To
the south across the railroad nghtof-way are a variety of
industrial uses including a Ford warehouse depot as well as
TRW Automotive Headquarters. To the east across Middlebelt
Road is the site of Millennium Park, which is comprised of a
Home Depot, Meijer, Logan's Roadhouse, Petsmart, Leo's
Coney Island, Famous Footwear, Marshalls, and Panera Bread.
Right at the corner is Costco. Menards is considering what
would be one of its first metropolitan Detroit stores. Menards is
a home improvement store with over 260 locations in 13 states.
They are headquartered out of Eau Claire, Wisconsin. It is a
store that is similar in nature and their main competitors are
Home Depot and Lowes. They sell a variety of household and
home improvement items, including building materials,
appliances, and garden supplies. Tonight we are joined by two
representatives from Menard, Inc. from Eau Claire, Charles
Sharp as well as Tom O'Neill. They will answer any questions
that you might have. With respect to the Future Land Use Plan,
it is currently shown as industrial. Subsequent to the rezoning,
we would have to change the Master Plan to reflect the
commercial use of this property. With that, I will answer any
questions or, if you'd like Mr. Chairman, I'll just go right to the
correspondence.
February 14, 2012
25972
Mr. Morrow: Please read the correspondence first and then we'll go to the
questions.
Mr. Taormina: There is one item of correspondence from the Engineering
Division, dated February 2, 2012, which reads as follows: 7n
accordance with your request, the Engineering Division has
reviewed the above -referenced rezoning request. The written
legal description which was provided is correct. It should be
noted that both the written legal description and property
boundary drawing encompass mom area than that delineated in
yellow on the aerial map. The written legal description also
excludes the far northwest corner of this parcel, as well as the
westerly 477.60 feet of this parcel. Presumably, a future lot split
is anticipated. Then; are very minor discrepancies between the
written legal description and the property boundary drawing
which can be addressed during the design phase. The address
for the entire existing parcel is confirmed to be 12701 Middlebelt
Road. (1) The service drive along Middle Belt Road is under the
jurisdiction of the City of Livonia. (2) Middlebelt Road is under
Wayne County jurisdiction. Any work in the Middlebelt Road
right-of-way will require Wayne County approval and permitting.
(3) There is an existing water main in the westerly side of the
Middlebelt Road right -0f --way. There is also a private water
main that connects to the City water main in Middle Belt Road,
and then traverses westerly through this parcel to Industrial
Road, where it is again connected to a City water main in the
Industrial Road right of way. Should this project proceed, the
designer should contact the Engineering Division as soon as
possible to discuss the continuation of this water main loop. (4)
There is an 18 inch diameter sanitary sewer in Middlebelt Road
that is available to serve this parcel. It may be necessary to
extend the sanitary sewer south to your proposed site. (5) The
following options may be considered as an outlet for your storm
water. (a) Discharge to the Wayne County storm sewer in
Middlebelt Road. To do this, permits will have to be obtained
from Wayne County, including a long term storm water
management permit. (b) Discharge to the enclosed Livonia
Drain No. 19 (in Industrial Road). The City will review and permit
the storm water management system. To discharge into the
City storm sewer in Industrial Road, you may need to obtain a
private easement with the Kroger Company to obtain access to
the storm sewer. Another option may be to discharge your storm
water into Kroger's private storm system (private easement with
Kroger will be needed). The petitioner is hereby notified (via
copy of this comespondence) that any site changes which would
impact public utilities, road right -0f --way, easements, or changes
in storm or sanitary sewer volumes must be approved by the
Engineering Division of Public Works. Storm water drainage
February 14, 2012
25973
changes cannot have a negative drainage impact to any
property. The City of Livonia follows the Wayne County Storm
Water Ordinance. The Engineering Division has already
provided the Menard Corporation with information on existing
utilities. Should the design consultant have any questions
regarding site improvements they should contact the
undersigned as soon as possible." The letter is signed by Kevin
G. Roney, P.E., Assistant City Engineer. We did receive an
email that was sent to the Planning Department on February 9,
2012, which reads as follows: Just read about the possibility of
Menards in Livonia. They are an awesome store. 1 was in Iowa
and could not believe how much more upscale they are than
Home Depot and Lowes. Please make every effort to get them
to Livonia. We would draw in people from all over the state.
They are nowhere around here. It's a win-win for local business
also. Livonia has lost so many business opportunities, e.g.
Lowes, Livonia Observer, Kroger, GM and Chrysler
Dealerships, etc. Menards is a home run for us! 1 encourage
you to make every effort to get them to build here! Thanks"' I
don't have the author of this email other than the address of
bdecrendchamparni.n.com. That is the extent of the
correspondence.
Mr. Morrow:
Are there any questions for the staff? Seeing none, Mr. Sharp,
will you be the spokesman tonight? If you could give us your
name and address for the record, please?
Charles Sharp, Menard, Inc., 5101 Menard Drive, Eau Claire, Wisconsin 54703.
I'm a representative for Menard, Inc. We're headquartered in
Eau Claire, Wisconsin.
Mr. Morrow:
Thank you very much. Is there anything you'd like to add to the
presentation?
Mr. Sharp:
Mark covered it very succinctly.
Mr. Morrow:
Okay. We may have a few questions for you. Does the
Commission have anyquestions for Mr. Sharp?
Mr. Wlshaw:
Mr. Sharp, I guess a good starting question would be, why this
location?
Mr. Sharp:
Menards is very excited to have a presence in southeast
Michigan. I believe originally we investigated some other sites
and this one looks to be the best for our purposes.
Mr. Wilshaw:
I see that you're only seeking rezoning of about half the parcel
right now. Can you explain why that is?
February 14, 2012
25974
Mr. Sharp:
It is the region that we need. The discussion we had with the
seller was that we should purchase the entire property despite
not needing all of it. So we're only rezoning what we require.
Mr. Wilshaw:
And you are purchasing the property as opposed to leasing it,
correct?
Mr. Sharp:
That is correct.
Mr. Wilshaw:
Okay. Thank you very much.
Ms. Smiley:
Is there another store that would look like that, that's similar
outside the Stale? I know you have stores in Toledo because I
have family down there and we've been to it. Would it look like
the store in Toledo?
Mr. Sharp:
Il would look very similar. Our prototype has changed a little bit
over the years, but for the most part, size and appearance are
going to be very much the same.
Ms. Smiley:
Okay. You said that you're more like a lumber yard or you're
more like . as opposed to something for builders. Is it
something that individuals would use?
Mr. Sharp:
We're really notjust a contractors sales establishment. Normal
working folk can come in and buy two by fours for their weekend
projects, paint, things like that.
Ms. Smiley:
Okay. And size wise, do you know ... what would just the size
of the store be, not the outside thing, but just the store itself?
Mr. Sharp:
The store itself would be 480 by 330 feel, so approximately
160,000 square feel total.
Ms. Smiley:
Thank you very much.
Ms. Krueger:
Based on when you go out to the site, there's obviously a
building there. Can you tell us for the record what your plans
are for that existing building?
Mr. Sharp:
We have plans to demolish completely the existing building, the
parking area, everything. We're going to start from scratch
basically.
Ms. Krueger:
Okay. I know we discussed this briefly before. You plan to
recycle the materials from that building.
February 14, 2012
25975
Mr. Sharp:
All of the materials that have value will be sold for scrap. Then
the more basic concrete and things like that that we can reuse
in our development, we will.
Ms. Krueger:
Okay. Very good. Thank you.
Mr. Taylor:
First of all, I want to say that the Mayor and a lot of the City
Council people that I talked to, and the Commission, is very
excited about Menard's coming into Livonia. That's the best
thing that's happened to us in quite a few years. Its been a little
slow in Livonia. How many employees would you employ?
Mr. Sharp:
A typical Menards store will have approximately 150 employees.
Mr. Taylor:
I know that some of the other stores that have come in town, it's
not like the old hardware stores where you can come in and get
some help. Is there more of a person in there that knows their
department, knows the plumbing department, knows the
electrical department?
Mr. Sharp:
Absolutely. I started with Menards in the store. So I went
through the training process in the different departments. I
know from my experiences that a Menards store has employees
that have been there for a long time. There's a lower rale of
turnoverwith Menards and they know their business verywell.
Mr. Taylor:
You mentioned at our study meeting that you do have some
foods inside. Do you want to elaborate on that a little bit?
Mr. Sharp:
We carry a number of dry goods, cereal, macaroni and cheese,
things like that.
Ms. Scheel:
Basics.
Mr. Sharp:
Yes. And we have coolers, loo, for milk and frozen pieces.
Mr. Taylor:
I'm thinking its a lumber yard, more or less, but you also have
appliances, stoves, refrigerators, washing machines, and things
like that.
Mr. Sharp:
Water heaters. Yes. That's true.
Mr. Taylor:
I know the Engineering report sounded a little bit difficult where
you might have some problems doing things, but I know that
they will work with you and all of those things will be resolved
without any problem. As one Commissioner, I appreciate you
coming in.
February 14, 2012
25976
Mr. Sharp: Thankyou.
Mr. Morrow: Thanks, Mr. Taylor.
Ms. Scheel: What is your projected timeline for opening?
Mr. Sharp: We would like to have the store open in 2013. So we would
begin construction this year.
Ms. Scheel: Okay. Thank you.
Mr. Bahr: I'm actually a resident in that neighborhood so from that
standpoint, I'm very excited that you're coming in. But speaking
on behalf of a lot of residents in our neighborhood, could you
just elaborate as to why the old Walmart property on the corner
of Schoolcraft and Middlebelt didn't make sense for this project?
That's something people are very eager to see redeveloped.
Mr. Sharp: I described the size of our store. In addition, there's an exterior
space we call our outside yard. All told, you're looking at
another 3.510 5 acres of outside yard area. In total, we need 18
to 20 acres to hold our entire store and outside yard. The
property you mentioned, it was not large enough to hold our site
plan.
Mr. Bahr: Do you currently have any plans for the unused portion of your
property?
Mr. Sharp: To the rear?
Mr. Bahr: Right. Tothe northwest
Mr. Sharp:
No. There are no plans for that al this time.
Mr. Wilshaw:
Just one additional question for Mr. Sharp. We talked about this
in the study meeting, but what is the type of investment, what
kind of investment are looking at, that Menards is making in
building out this site?
Mr. Sharp:
The building itself could be as much as $10 million. Additionally
then, there's the land cost and inventory and things like that.
Mr. Wilshaw:
Would that include the demolition of the existing building and
preparing the site?
Mr. Sharp:
Actually, the cost for demolition is going to be very minimal. We
don't anticipate having to pay very much for that because of the
quantity of steel and items like that in the interior already.
February 14, 2012
25977
Mr. Wilshaw: I see. Again, as Mr. Taylor already indicated, I, as one
Commissioner, am really excited about you coming to our
community and looking at this site. Should this petition go
forward, I really look forward to working with you on that.
Mr. Sharp: Thankyou.
Mr. Morrow: Mr. Sharp, we're about ready to go to the audience. Is that Mr.
O'Neill that came in with you? Does he have anything he'd like
to add before I go to the audience?
Mr. O'Neill: No, sir.
Mr. Morrow: I wanted to give you the opportunity.
Mr. O'Neill: Thankyou.
Mr. Morrow: On that note, is there anybody in the audience wishing to speak
for or against the granting of this petition? If so, please come
forward to the podium. I see a gentleman coming forward. Mr.
Sharp, if you could just step aside for the moment. Yes, sir,
we'll need your name and address for the record.
Christopher Marlin, 12275 Inkster Road, Livonia, Michigan 48150. 1 guess I had
to be the only one this evening from the audience, but you'll
have to excuse the drywall dust that I'm currently wearing. I
was working on a bathroom. I think this is great. It will help
guys like me who bought some foreclosed homes in the area,
trying to renovate them. You had mentioned that the next slop
on the train was City Council. They're pretty much all on board
on that.
Mr. Morrow: I didn't catch that.
Mr. Marlin: Do they seem to be in favor of t?
Mr. Morrow: Depending on the outcome tonight, we'll either recommend for
or against, but I would only speculate that they would be for it.
I'm not speaking for them.
Mr. Martin: I'm hoping they would be. I think it's great. I'm at Home Depot
almost on a daily basis, across the street, so to go over on the
west side of the road there is no problem. I think its great. I'm
in favor of it. Anyone who spends that amount of money in
Livonia in this type of economy should be praised. Hopefully,
there will be seven voles from you guys. Thanks.
February 14, 2012
25978
Mr. Morrow:
We'll put you down for approving. Is there anyone else in the
audience wishing to speak for or against the granting of this
petition? Seeing no one else coming forward, I'm going to ask
for a motion.
On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was
#02-16-2012
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on February 14, 2012, on
Petition 2012-01-01-01 submitted by Menard, Inc. pursuant to
Section 23.01 of the City of Livonia Zoning Ordinance #543, as
amended, requesting to rezone property at 12701 Middlebelt
Road, located on the west side of Middlebell Road between the
CSX Railroad right-of-way and Schoolcraft Road in the
Northeast 1/4 of Section 26, from M-1 to 62, the Planning
Commission does hereby recommend to the City Council that
Petition 2012-01-01-01 be approved for the following reasons:
1. That C-2 zoning is compatible to and in harmony with the
surrounding zoning districts and land uses in the area;
2. That C-2 zoning would provide opportunities for a greater
variety of uses to serve the area as well as the City as a
whole;
3. That C-2 zoning is consistent with the developing character
of the area; and
4. That C-2 zoning would provide for the development of the
subject property in a manner that is consistent with its size
and location.
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.
Mr. Wilshaw:
I'd like to make a motion to waive the seven day requirement,
which would give Menards an opportunity to keep this petition
moving along at a rapid pace.
On a motion by Wilshaw, seconded by Smiley, and unanimously adopted, it was
#02-17-2012
RESOLVED, that the City Planning Commission does hereby
determine to waive the provisions of Section 10 of Article VI of
February 14, 2012
25979
the Planning Commission Rules of Procedure, regarding the
effective dale of a resolution after the seven-day period from the
date of adoption by the Planning Commission, in connection
with Petition 2012-01-01-01 submitted by Menard, Inc. pursuant
to Section 23.01 of the City of Livonia Zoning Ordinance #543,
as amended, requesting to rezone property at 12701 Middlebell
Road, located on the west side of Middlebell Road between the
CSX Railroad right-of-way and Schoolcraft Road in the
Northeast 1/4 of Section 26.
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 #2 PETITION 2012-01-02-01 HEALTH & FORTUNE
Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012-
01-02-01 submitted by The Health & Fortune, L.L.C. requesting
waiver use approval to operate a massage establishment (Wu
Xing Acupressure Massage) at 37700 Six Mile Road within the
Laurel Park Place shopping center, located on the northwest
corner of Six Mile Road and Newburgh Road in the Southeast
1/4 of Section 7.
Mr. Taormina: Wu Zing Acupressure Massage has been operating out of the
Laurel Park Place mall for a few years now. They recently
relocated from another unit in the mall to their current location,
and the Inspection Department, after learning that Wu Zing had
never obtained their original waiver use approval, directed them
to apply for a waiver use and is holding their zoning compliance
permit in abeyance pending the decision by this body and
ultimately the City Council. Wu Xing occupies a 2,000 square
foot unit basically in the northwest corner of the mall. There are
no exterior modifications proposed as part of this application.
The ordinance provision Section 11.03(u)(2) requires massage
establishments as a waiver use. They are also required to be
located a minimum of 400 feet from any other property which is
either occupied or approved for a massage establishment. This
request is in compliance with that provision since there are no
other massage establishments located within 400 feet. Another
provision of the ordinance requires that no massage
establishment be located any closer than 400 feet to a school,
place of worship, State licensed daycare facility, library,
playground or public park. Again, the request is in compliance.
There are no other uses of that nature within 400 feet. The
ordinance states further that their hours of operation shall be
February 14, 2012
25980
limited between 8:00 a.m. and 10:00 p.m. The petitioner has
agreed to operate this business between the specified hours.
We do have a couple items of correspondence if you'd like me
to read those out.
Mr. Morrow:
Please.
Mr. Taormina:
There are three items of correspondence. The first item is from
the Livonia Fire & Rescue Division, dated January 27, 2012,
which reads as follows: "This office has reviewed the site plan
submitted in connection with a proposal to operate a massage
establishment on the property located at the above referenced
address located within the Laurel Park Place shopping center,
located on the northwest corner of Six Mile Road and Newburgh
Road in the Southeast 1/4 of Section 7. 1 have no objections to
this proposal." The letter is signed by Earl W. Fester, Fire
Marshal. The second letter is from the Division of Police, dated
January 23, 2012, which reads as follows: 9 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 third letter is from the Inspection Department,
dated February 14, 2012, which reads as follows: "Pursuant to
your request, the above -referenced petition has been reviewed.
The following is noted. This business was operating in this
location without required approvals. The petitioner is seeking
waiver use approval to remain in this location. A zoning
compliance permit and inspection approvals will be required if
this waiver use is approved. 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?
Ms. Smiley:
I'm assuming these are all licensed massage therapists that
have gone through the other requirements of the City, have they
not?
Mr. Taormina:
I cannot tell you if everyone working at this establishment is
properly licensed. I will tell you, though, that a number of the
employees have gone through licensing approval with the City
Council. The owner/operator of the center is here this evening.
He will be able to tell you whether or not all of his employees
are, in fact, certified and licensed as they are required to be.
Ms. Smiley:
Okay. Thank you.
February 14, 2012
25981
Mr. Morrow: Is the petitioner here this evening? We will need your name and
address for the record.
Rick Wong, 374 Arlington Drive, Rochester Hills, Michigan. That is the home
address. The business address is 37700 W. Six Mile Road in
Laurel Park.
Mr. Morrow: Is there anything you'd like to add to the presentation?
Mr. Wong: With regards to your question, yes, all of our employees are
licensed and we went through the City and got all of them
properly licensed. I was brought on board last year because of
the language barrier. So I make sure all their paperwork
complies.
Mr. Taylor: When did you become aware that you needed a waiver use, sir?
Mr. Wong: Actually, internally, the business had a couple glitches within the
family, and then the transfer took place. Myself, as I started
digging through the paperwork and realized a lot of things are
not in place. So we voluntarily contacted the City Clerk's Office
to see what we needed to do to get all the paperwork in and be
in compliance.
Mr. Taylor: So the owner of the mall never...
Mr. Wong: One of the family members started the business who initially
signed the lease with the mall and had a contract with the mall
and so forth. He was handling all the paperwork and obviously
he didn't really ...
Mr. Taylor: I'm just curious to know, did the mall ask the person, whoever it
was, that they have to gel a waiver use?
Mr. Wong: No. The mall did not do that. That's why we were all kind of
mind boggled, but we'd like to move forward from here on out
and make sure all the paperwork is in compliance so we don't
have any future misunderstanding, if you will.
Mr. Taylor: Thank you.
Mr. Wilshaw: How long has this business been in operation there?
Mr. Wong: Twoyears.
Mr. Wilshaw: Twoyears.
Mr. Wong: A little over two years.
February 14, 2012
25982
Mr. Wilshaw:
Do you have at this point a fairly good clientele? Is business
good?
Mr. Wong:
Yes. We're very thankful with the City of Livonia, with the
support of the mall. We were able to bring in probably ... right
now we're looking at 1010 11 full time employees.
Mr. Wilshaw:
Oh. Very good. So how many people then would be typically
getting a massage at any given lime? Would it be half a dozen
or more?
Mr. Wong:
Probably more so. We have a lot of return customers. We
specialize in pressure point massage which is a Iitfle different
than the other massage. It's more of help keep the blood
circulating and help relieve headaches and so forth. Because
it's healthful, we have a lot of return customers.
Mr. Wilshaw:
Is the bulk of your business drop in customers or is it people
who set up an appointment for a massage?
Mr. Wong:
Because of the language barrier and the way it's set up, we
have a lot of walk-ins. We have regular walk-ins so we really
don't have a calendar we can fill out and say so and so is
coming at 3:00 and block that time off. Our clientele is very
understanding. They come in, normally bring their friends.
Word of mouth advertising is probably the best way to promote
our business. We started off slow and now going on two years,
beyond two years if you will. We were lucky enough that we
have a lot of loyal customers to keep our business busy.
Mr. Wilshaw:
I know when your business first opened up at the mall, there
were employees that were going out into the mall proper, into
the open areas, with flyers, price sheets and so on. Are they
still doing that?
Mr. Wong:
Where we're located right now, its really in a dead corner. We
do hand out flyers to people who haven't really heard about us,
where the mall is. We haven't really reached out to the rest
area of the mall to hand out flyers. Again, the main reason that
practice was taking place was because of the language barrier.
But, again, we're fortunate enough to have a lot of return
customers and we do have a pretty good client base. So we
were able to stay within the mall because everybody's busy and
we don't necessarily have to go out and find customers.
Mr. Wilshaw:
Is the practice of handing out flyers permitted by the mall?
February 14, 2012
25983
Mr. Wong: Yes. It's a practice. You're not overwhelming, if you will, the
customers. You want them to shop and you want them to walk
freely, but opportunity to hand them a flyer so they understand
what we do. A lot of people do that. If you go to Macy's, a lot of
people hand you things, applications for credit cards, or film or
what have you.
Mr. Wilshaw:
Sure.
Mr.
Wong:
Basically, its the same concept.
Mr.
W lshaw:
I understand. Well, seeing that you've had your business there
for a couple years and established some clientele, it makes me
feel better in considering approving this because you've been
able to prove that you're successful there.
Mr.
Bahr:
This is your third location within the mall. Is that right? You've
moved several times, haven't you?
Mr.
Wong:
Yes, third location.
Mr.
Bahr:
What has been the reason for the frequent moves?
Mr.
Wong:
Its the second location.
Mr.
Bahr:
Second location.
Mr. Wong: Yes. We were at a kiosk. As we get busier, moved to another
location. Then there's a little problem within the company, kind
of like a conspiracy if you will, someone trying to take over the
company and we moved the location of the business and we
have to solve that problem. So that's the reason why. We liked
the previous location better. Its located near the food court, but
what happened, happens. We just have to play the cards that's
dealt.
Mr. Bahr: Do you anticipate a move again in the near future then?
Mr. Wong: We hope not. I think we're in a comfortable location and we
have a pretty good relationship with the mall. We signed a long
tens lease with them. The mall is very happy with us, and
they're trying to get us to open a chain and be involved with
other locations that they own.
Mr. Bahr: Perhaps this is a question for Mark. If they did move, does
another waiver have to be passed or does it travel with them?
February 14, 2012
25984
Mr. Taormina:
That's a good question. We have structured the prepared
approving resolution such that this petitioner can operate only
one massage establishment within the Laurel Park Place
shopping center at any given time. That's number three. The
thought being that if, in fact, there was a need to relocate to
another unit within the mall, that they could do so, as long as
there is just one location being operated by this petitioner.
Mr. Wong:
We signed a long term lease with the mall at that particular
location. Moving is never easy.
Ms. Krueger:
What you're requesting tonight is a waiver use and that's
something that runs with the land, which means that if your
business were to leave the mall for any reason and a new
operator came in, they would also be permitted to operate a
similar type of establishment. With that comes concerns about
how a new person would operate their business. A lot of times
in these cases we like to recommend the petitioner to enter into
a conditional waiver agreement which would limit the waiver use
to you only as a petitioner. Is that something you would be
agreeable to?
Mr. Wong:
I dont think we have a problem with that. If that's what needs to
be done, I guess. We don't have a problem with that because,
again, our lease agreement with the mall is for five years. So
we're stuck.
Ms. Krueger:
Okay. Thank you.
Mr. Morrow:
Mark, I notice we've got one other thing to consider here.
Would this be something that we can condition, that they can
continue the use of that property under another owner with the
approval of the City Council?
Mr. Taormina:
Yes. In fact, that language also has been provided to you this
evening. The resolution requests that they enter into a
conditional agreement with the City Council limiting this waiver
use to this user, and that if it changes, they have to seek the
approval of the City Council. So if they wanted to sell this
business to a new operator, then they could do so, but they
would require a resolution by the City Council authorizing that.
Mr. Morrow:
What we're discussing here is, one of our concerns is if you
were to sell the business and a new operator would come in,
without this condition he could pick up and start shopping.
Perhaps the City would not have an opportunity to review his
work record and his reputation.
February 14, 2012
25985
Mr. Wong:
If we decide to sell the business, whoever we sell it to, we'll
make sure we do our due diligence and make sure they are in
compliance with everything the City has asked us to. So we
have no problem with that.
Mr. Morrow:
In order for them to continue in the same waiver, the City
Council would have to approve that. I think we all understand
that now. Any other questions? Seeing none, I'm going to go
to the audience and see if there is anyone else in the audience
that would like 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 Scheel, seconded by Bahr, and unanimously adopted, it was
#02-18-2012
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on February 14, 2012, on
Petition 2012-01-02-01 submitted by The Health & Fortune,
L.L.C. requesting waiver use approval to operate a massage
establishment (Wu Xing Acupressure Massage) at 37700 Six
Mile Road within the Laurel Park Place shopping center, located
on the northwest corner of Six Mile Road and Newburgh Road
in the Southeast 1/4 of Section 7, which property is zoned C-2,
the Planning Commission does hereby recommend to the City
Council that Petition 2012-01-02-01 be approved subject to the
following conditions:
1. That this facility shall comply with all of the special waiver
use standards and requirements pertaining to massage
establishments as set forth in Section 11.03(u) of the
Zoning Ordinance #543;
2. That this facility shall conform to the provisions set forth in
Chapter 5.49 of the Livonia Code of Ordinances pertaining
to massage establishments;
3. That the petitioner shall be allowed to operate only one
massage establishment within the Laurel Park Place
shopping center at any given time; and
4. The Petitioner shall not engage in any form of solicitation
for business within the public right-of-ways of Six Mile or
Newburgh Roads.
Subject to the preceding conditions, this petition is approved for
the following reasons:
February 14, 2012
25986
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;
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, the Planning Commission recommends the
approval of a Conditional Agreement limiting this waiver use to
this user only, with the provision to extend this waiver use
approval to a new user only upon approval of the new user by
the City Council.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 19.05 of
Zoning Ordinance #543, as amended.
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 1,019'" Public Hearings and
Regular Meeting
Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the
Minutes of the 1,019'" Public Hearings and Regular Meeting
held on January 31, 2012.
On a motion by Scheel, seconded by Wilshaw, and unanimously adopted, it was
#02-19-2012 RESOLVED, that the Minutes of 1,018th Public Hearings and
Regular Meeting held by the Planning Commission on January
31, 2012, are hereby approved.
A roll call vole on the foregoing resolution resulted in the following:
AYES: Smiley, Morrow
NAYS: None
ABSENT: None
ABSTAIN: None
February 14, 2012
25987
Mr. Morrow, Chairman, declared the motion is carded and the foregoing
resolution adopted. We wish everyone in the audience a Happy
Valentine's Day.
On a motion duly made, seconded and unanimously adopted, the 1,020'" Public
Hearings and Regular Meeting held on February 14, 2012, was adjourned at 7:42
p.m.
ATTEST:
R. Lee Morrow, Chairman
CITY PLANNING COMMISSION
Lynda L. Scheel, Secretary