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HomeMy WebLinkAboutPLANNING MINUTES 2012-11-27MINUTES OF THE 403RD SPECIAL REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, November 27, 2012, the City Planning Commission of the City of Livonia held its 403rtl Special 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 Ashley V. Krueger Members absent: None Mr. Mark Taormina, Planning Director, was also present. ITEM #1 PETITION 2012-10-02-28 DAVE & BUSTER'S (RESTAURANT) Ms. Scheel, Secretary, announced the first item on the agenda, Petition 2012-10- 02-28 submitted by Dave & Busters, Inc. requesting waiver use approval pursuant to Sections 11.03(c) and 11.03(s) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a full service restaurant (Dave & Buster's) with mechanical amusement devices at 19375 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast 1/4 of Section 6. On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was #11-105-2012 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on November 13, 2012, on Petition 2012-10-02-28 submitted by Dave & Buster's, Inc. requesting waiver use approval pursuant to Sections 11.03(c) and 11.03(s) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a full service restaurant (Dave & Buster's) with mechanical amusement devices at 19375 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast 1/4 of Section 6, the Planning Commission does hereby remove this item from the table. November 27, 2012 25493 Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. Mr. Morrow: Mr. Taormina, we have a new site plan. Correct? Mr. Taormina: We do. I'll just go over the changes briefly. We went through the details of this project and satisfied the requirement for the public heading a couple weeks ago. The petitioner has responded to several of the concerns that were raised regarding some of the specifics of the plan, particularly the parking and the building placement. There are about three or four changes to the new plan before you. The most significant change is the repositioning of the building on the site. As you recall, it was about 75 feel at its closest point to the right-of-way of the 1- 275/1-96 Expressway on the western boundary. Now that setback has been pushed to the east about 120 feel. As you can see, the footprint is more centrelly located on the property and that really is beneficial from the standpoint of the view and the symmetry of the buildings along Victor Parkway. It will provide nice visibility to the Infneon building directly to the north and they are not giving up much in terms of the visibility of the Dave & Buster's building. In doing that, a secondary benefit is that the parking is better arranged around the building. Some of the parking at the east end was probably a little bit further away from the main entrance. There is better balance in the parking. The other big change with respect to the parking is the fad that while there may be a slight reduction in the total number of spaces, they have provided a majority of the spaces at a width of 10 feet, which is what the Commission wanted to see. There is a total of 412 spaces. The previously plan showed 430 or 435. Parking for the employees will be striped at 9 feet. Those parking spaces are shown in the northwest corner of the site near the service entry and are furthest from the entry to the restaurent. The only other site change is that the plan no longer shows the connection between the Big Daddy's restaurant and Dave & Buster's. If you recall, the previous plan did have the aisles inleroonnecting between the two properties. That connection is still shown with the restaurant to the south, Doc's Sport Retreat, but it no longer exists with Big Daddys. Now that doesn't mean that it can't still exist. There are still opportunities. It might require the removal of a couple parking spaces if one of the aisles is extended to conned to the new parking lot, or alternatively, there could be an extension of the drive aisle and parking lot to the north to connect to the main drive coming into the Dave & Busters site off of Victor Parkway. So there is still opportunity for that. We just need to recognize that they do have that cross -access agreement. From a planning standpoint, its something that we support because it reduces November 27, 2012 25494 the number of trips in and out of the site. It will reduce confusion. So it is beneficial in terms of public safety and convenience all the way around if there is some connection to be made, but we'll allow the petitioner to work out the detail on how that connection should take place. Mr. Morrow: Mark, because of the cross -access parking agreement, it's not a requirement of that agreement? Mr. Taormina: It is not a requirement of ours. It's just an obligation that the properly owners have, but I think from a planning standpoint, it should be something that we include in the resolution. Lastly, with respect to the building design, the elevations for the most part remain the same as what you previously looked at. There is a slight change in the entry canopy. It was extended and it has a slightly different configuration. Then the height of lower element was increased by a couple of feet. It is now 38 feet 10 inches at its maximum elevation which is about equivalent to the Infineon building to the north. It is still a fool or so below what the ordinance would allow for that type of projecting feature. With that, I'll answer any questions. Mr. Morrow: Did we have any additional correspondence? Mr. Taormina: There is no additional correspondence. Mr. Morrow: Does the Commission have any questions? Ms. Scheel: The changes to the parking, does that do anything to condition #7? Mr. Taormina: That was the language that we added to address that issue. Ms. Scheel: Okay, but that still stays in there, right? Mr. Taormina: Yes. Mr. Morrow: Yes, we want that consideration. Ms. Scheel: Okay. Ms. Smiley: This is more in the way of a comment. I'm very pleased with the building being moved. From the expressway, with that higher 38 fool lower, will they still have pretty good vision anywhere on the expressway with the movement over 120 feel? November 27, 2012 25495 Mr. Taormina: That feature will probably be more visible from northbound traffic on the expressway as opposed to southbound traffic. But yes, the exposure will be excellent from that vantage point. Ms. Smiley: Just as a way of refreshing my memory, how many spots were they required to have? They have 412. Mr. Taormina: A strict interpretation of the ordinance would suggest that they are required to have 570 spaces. As such, they would need to obtain a variance for about 160 parking spaces. Ms. Smiley: Thankyou, Mr. Chair. Ms. Krueger: The access between Big Daddys and the Dave & Busters site, why is it no longer shown on the plan? Mr. Taormina: They haven't worked out the details yet. They were trying to maximize the amount of parking with this plan. Ms. Krueger: Okay. Thank you. Mr. Wilshaw: Mr. Taormina, the landscaping as it originally was on the plan, I believe it was about 20 percent of the site. Has that been affected by the change in the layout of the site? Mr. Taormina: I will have to check on that. I don't know what the new percentage is. Mr. Wilshaw: Is it still above our 15 percent though? Mr. Taormina: I'm sure it is still above the 15 percent requirement. I don't see where there has been any significant reduction in landscaping with this new plan. They are showing 57,000 square feet with a minimum requirement of 42,000 square feel. I dont know what that percentage is but d exceeds the 15 percent. Mr. Wilshaw: Okay. Thank you. Mr. Morrow: Is there anything else? Then we'll go to Loretta and see if there is anything she would like to add to what we've heard so far. Loretta Reeves, L.D. Reeves and Associates, Inc., 1889 Manana Avenue, Punta Gorda, Florida 33950. I'm a development services company that works for Dave & Buster's as a consultant. I don't really have anything else to add. I'd be glad to answer any questions. I know we've been before you a couple, three times. One of the reasons I believe we did not have the cross -access here, as Mark stated, we were trying to meet the deadline for Mr. Wilshaw: I'd just like to make a comment to you, Ms. Reeves, and Mr. Carlin and everybody involved in this, that Dave & Buster's has done a nice job of addressing each of the requests that we've made, and even requests that have come through Mr. Sosin about the placement of the building. That's very important to his building, and its important to the whole site and to all the properties in that development. I think is a nice placement of the building; it's very balanced; its an attractive building. November 27, 2012 25496 plan submittal first of all, and we were just tweaking and tweaking and tweaking until the last minute, and we finally said, we're done. We've got to get something in. So this is what we came in with, but we realize that is a requirement or a request that you would like to see, and certainly we would like to uphold that. We will work with you and do what we need to do to satisfy you and to satisfy Matt. Mr. Morrow: So by the time the Counsel gets it, that can be worked on. Ms. Reeves: Right. Mr. Morrow: Very good. Ms. Smiley: You're obviously pleased with this. How do you feel about the 412 parking spaces? Ms. Reeves: Operationally, that's great for us. Like I think I said the last time I was here, we can operate with about 380, so this is ideally much better than that, and as Mark had presented, the reason we are at such a deficit, parking wise, is because of the games, the amusement devices that we have and the requirement that we must have one parking space per amusement device. We know from experience that we don't need a parking space for every seal in the restaurant and every seat at a game, but that's the way your code is written and that's the reason why we have a deficit. We're happy with it. Mr. Morrow: So you have a track record with the parking. Ms. Reeves: Yes, we do, and we have our parking studies that we can provide to you if you want. Ms. Smiley: Thankyou. Ms. Reeves: You're welcome. Mr. Morrow: Is there anything else you want to add or anything else from the Commission? Mr. Wilshaw: I'd just like to make a comment to you, Ms. Reeves, and Mr. Carlin and everybody involved in this, that Dave & Buster's has done a nice job of addressing each of the requests that we've made, and even requests that have come through Mr. Sosin about the placement of the building. That's very important to his building, and its important to the whole site and to all the properties in that development. I think is a nice placement of the building; it's very balanced; its an attractive building. November 27, 2012 25497 You've handled all the requests that we've had and your cooperation has been very much appreciated. I, as one commissioner, wish Dave & Buster's much success here. Ms. Reeves: Thank you. We really appreciate that. Thank you so much. Mr. Morrow: Are there any comments you want to make as we're passing around the sample board? Ms. Reeves: We're excited about it. We think it will be a nice addition to the park and a nice addition to Livonia. Dave & Busters does a lot of chartable work and they're very involved with the Make A Wish Foundation, and then at the local level they'll be working with the City leaders to identify whatever chanties that we can participate with and be a good member of the community. Mr. Morrow: I want to talk to you about that. Ms. Reeves: Okay. Mr. Taormina: Are these colors standard for Dave & Busters? Is this what they normally use for the color scheme for their buildings? Ms. Reeves: Bits and pieces of are. Some of the colors are kind of new. Theyre going through a rebranding, which is very common in the restaurant industry to go through a rebranding. Some of these colors have recently been introduced in a brand new store that is just under construction in Dallas, but we don't actually have one with all of these colors on it built today. But this is the new standard that we're going to and we will be utilizing those colors nationwide for the rest of the stores. Mr. Taormina: Maybe this is a question for the architect who is not here this evening, but are these colors integral within the material, the panels? Ms. Reeves: Yes, they are. Mr. Taormina: Should you want to change the colors, can that be done through some kind of coaling? How would that work in the future? Ms. Reeves: I'm not sure but I'll find out the answer to that. The architect will be here for the City Council board session so he can answer that question. Mr. Taylor: Just a comment that many people have been asking me what's happening over there, and I told them about Dave & Buster's. November 27, 2012 25498 Many people have heard of it. I think you're going to do very well there. Ms. Reeves: I think you're right. I hope so. Mr. Morrow: It onlylook how manyyears? I cant even think thatfar back. Ms. Reeves: Its been awhile. I know we've been looking for a long time, and it seems like this one came together and all the stars and the moon were in alignment. Mr. Morrow: Its a great piece of properly. I'm surprised it took this long to develop. Are there any other comments? John Kaounas, 20660 Woodcreek, Northville, Michigan 48167. I'm the owner of Big Daddys. My question is, we're short on the parking spaces. What's happened? We don't have enough property here to gel more or what? I'm concerned about what happens if we get filled up and run out of parking spaces. Is it because we don't have enough space? Mr. Morrow: The ordinance, it's just a general type of thing. It's not too specific. Mr. Taormina: The ordinance requires that they have 570 parking spaces, but that's based on formulas that require parking for the sealing in the restaurant, for the employees, as well as the amusement devices. It's the combined total of all three of those uses. Dave & Busters, on the other hand, is saying they don't count those items separately. Based on their experience with similar operations, they only need 380 parking spaces to operate effectively, which is different than what the ordinance requires. So they are saying they have enough parking for their operation based on other restaurants that they have around the country. Our ordinance requires more parking, so they will have to seek a variance. But based on their standards, they actually have an overage of parking. We recognize that your site has a slight shortage of parking. So between the two properties and the cross access agreement, your patrons would be allowed to park on the Dave & Busters an vice versa. Mr. Kaounas: Yes. That is correct. The only thing I'm concerned because my experience in that area it's been as you know, Doc's, for example. It fills up and then they come and park in our lot. So if there is room, what is the problem with D&B meeting your requirements? November 27, 2012 25499 Mr. Taormina: They maximized the number of spaces they can put on the site. They cannot put any more on it. Mr. Kaounas: That was my question. Mr. Taormina: Theyve pretty much maximized it. Mr. Kaounas: Okay. Mr. Morrow: Based on what Ms. Reeves said, we're comfortable with the input from their organization. The Zoning Board of Appeals will ultimately make the decision. They have to appeal it. So they will go the Zoning Board of Appeals for that technicality. Mr. Wilshaw: Mark, there is also cross -access with the Infineon building, correct? Mr. Taormina: No, not that I'm aware of. There is no connection on the site plan. Mr. Wilshaw: But it's possible that Dave & Buster's customers, if they were overflowing in the evening, could park in some of those Infineon spaces, which would be not overly occupied in the evening, right? Matthew Sosin, Livonia -IT Office Building, L.L.C., 39000 Country Club Drive, Farmington Hills, MI 48331. There is no cross access with Infineon. Mr. Wilshaw: Okay. Thanks. Mr. Kaounas: Its a good point, because actually its supposed to be common parking for those buildings. If they had another access here, if we get overflow for some reason, people can always park. Mr. Wilshaw: I think initially this site was thought to be developed as a single site with the Infineon building and possible another office building that would all be owned by Mr. Sosin's company. But this property is not being sold off, as I understand it, to Dave & Buster's, so that kind of severs that relationship. Mr. Kaounas: This is what it was. Mr. Taormina: Mr. Chairman, John is showing me a plan that is no longer valid. Its when this properly was going to be developed with the property to the north as a single site, which is no longer the case. I think what Mr. Sosin is saying is that while there's not going to be a connection between the Dave & Buster's and the November 27, 2012 25500 Infineon property, he recognizes the fad that there may be times when some people may be parking on the Infineon lot to access Dave & Busters during hours when Infneon is not there. So from a practical standpoint, its probably going to gel some use for overflow parking. Mr. Kaounas: They would make an entrance? Mr. Taormina: He is indicating no, that will not happen. His agreement with Infineon is to keep the two sites separate. Mr. Taylor: I was going to mention just on the parking, John, we've had many people come in. We have a very strong parking ordinance, and any of the shopping centers that we have or any restaurants, they always complain that we don't park that much. We don't need that much parking. But the ordinance is there and we like to keep it that way, and then you can go to the Zoning Board of Appeals. That's what they're there for if you can prove you dont really need that much parking, why it works out for everybody. Mr. Morrow: You people will probably be meeting on this very subject as it relates to your properly, but not the Infineon property. Mr. Taylor: Well, this is a good example. They said we only need about 300 spaces and we're asking for 500 and some. That makes a difference, and a lot of the other places in Northville are nine foot spaces where you bang your car when you gel out on both sides which is not good. Mr. Morrow: Al least the Commission is comfortable with the input from Dave & Buster's. However, the Zoning Board will ulfimately make the decision. All we're doing is recommending. You'll have to convince the Zoning Board of this. Mr. Kaounas: I just wanted to see it work out. Mr. Morrow: I'm sure it will. Mr. Sosin: I own the land. I own both sites. Ms. Smiley: Thankyou. Mr. Morrow: Ms. Smiley, did you want to make the motion? November 27, 2012 25501 On a motion by Smiley, seconded by Taylor, and unanimously adopted, it was #11-106-2012 RESOLVED, that pursuant to a Public Heanng having been held by the City Planning Commission on November 13, 2012, and a Special Regular Meeting held on November 27, 2012, on Petition 2012-10-02-28 submitted by Dave & Busters, Inc. requesting waiver use approval pursuant to Sections 11.03(c) and 11.03(s) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a full service restaurant (Dave & Buster's) with mechanical amusement devices at 19375 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast 1/4 of Section 6, which property is proposed to be rezoned from PO to C-2, the Planning Commission does hereby recommend to the City Council that Petition 2012-10-02-28 be approved subject to the following conditions: 1. That the Site Plan marked Drawing Number P-3 dated November 20, 2012, as revised, prepared by Professional Engineenng Associates, is hereby approved and shall be adhered to; 2. That appropriate recordable legal instrumentation, such as a cross access agreement, that gives notice and outlines the terms of how the subject properly would share parking and access with abutting property(s), be supplied to the Inspection Department at the time a building permit is applied for; 3. That the Landscape Plan marked Drawing Number L-1 dated November 20, 2012, as revised, prepared by Professional Engineering Associates, is hereby approved and shall be adhered to; 4. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 5. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 6. That the Exterior Building Elevation Plans marked A2 and A3 dated November 20, 2012 prepared by Linear!, are hereby approved and shall be adhered to; November 27, 2012 25502 7. That there shall be cross access by means of a connection between the drive aisles and/or parking lots of this site and the adjacent Big Daddys restaurant site, the details of which shall be worked out by the property owners and submitted to the City Council as part of the final site plan; 8. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 9. That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times; 10. That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the Slate of Michigan Department of Natural Resources and Environment (DNRE); 11. That all light fixtures shall not exceed twenty feel (20') in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways; 12. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and deficient parking space dimensions and any conditions related thereto; 13. That wall signage for this use shall be limited to the signs portrayed on the above referenced Building Elevations Plans, subject to variance(s) being granted by the Zoning Board of Appeals for excess sign area and excess number of wall signs. Any addifional signage shall be separately submitted for review and approval by the Planning Commission and City Council; 14. That the freestanding sign for this use shall be conforming; November 27, 2012 25503 15. That no LED lighthand or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 16. That the mechanical amusement devices for this full service restaurant shall be permitted only under the circumstances that the standards set forth in Section 11.03(s) of the Zoning Ordinance, which specifies that mechanical amusement devices are permitted when located in a regional shopping center having a gross floor area of at least 500,000 square feet, are waived or modified by the City Council pursuant to their authority under Section 19.06(1); 17. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 18. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expimfion of said period. 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. Morow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will be sent to the City Council with an approving recommendation. Mr. Taylor: I'd like to ask for a seven day waiver. November 27, 2012 25504 On a motion by Taylor, seconded by Scheel, and unanimously approved, d was #11-107-2012 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective date of a resolution after the seven-day period from the dale of adoption by the Planning Commission, in connection with Petition 2012-10-02-28 submitted by Dave & Buster's, Inc. requesting waiver use approval pursuant to Sections 11.03(c) and 11.03(s) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a full service restaurant (Dave & Buster's) with mechanical amusement devices at 19375 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast 1/4 of Section 6. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #2 PETITION 2012-10-02-29 DAVE & BUSTER'S (LIQUOR LICENSES) Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012- 10-02-29 submitted by Dave & Buster's, Inc. requesting waiver use approval pursuant to Sections 11.03(h) and 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with a full service restaurant (Dave & Buster's) at 19375 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast 1/4 of Section 6. On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was #11-108-2012 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on November 13, 2012, on Petition 2012-10-02-29 submitted by Dave & Buster's, Inc. requesting waiver use approval pursuant to Sections 11.03(h) and 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with a full service restaurant (Dave & Buster's) at 19375 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast 114 of November 27, 2012 25505 Section 6, the Planning Commission does hereby remove this item from the table. Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. Mr. Taormina: I have nothing to add on this item, Mr. Chairman, other than the fad that the request for the SDM license, the sale of packaged beer and wine, has been removed. Your consideration this evening is only with respect to the Class C liquor license and the prepared resolution reads that way. Mr. Morrow: Thank you. Does the Commission have any questions or comments? Mr. Carlin, do you have anything you would like to add? John Carlin, Carlin Edwards Brown, P.L.L.C., 2855 Coolidge Road, Suite 203, Troy, Michigan 48084. No. Mr. Morrow: Is there anyone in the audience that would like to speak for or against the granting of this petition? A motion would be in order. On a motion by Krueger, seconded by Wilshaw, and unanimously adopted, it was #11-109-2012 RESOLVED, that pursuant to a Public Heading having been held by the City Planning Commission on November 13, 2012, and a Special Regular Meeting held on November 27, 2012, on Petition 2012-10-02-29 submitted by Dave & Busters, Inc. requesting waiver use approval pursuant to Sections 11.03(h) and 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with a full service restaurant (Dave & Buster's) at 19375 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast 1/4 of Section 6, which property is proposed to be rezoned from PO to G2, the Planning Commission does hereby recommend to the City Council that Petition 2012-10-02-29 be approved subject to the following conditions: 1. That the use of an Class C license at this location shall be permitted only under the circumstances that the Zoning Ordinance standard set forth in Section 11.03(h)(1) requiring that there be at least a 1,000 fool separation between licensed establishments is waived by the City Council; November 27, 2012 25506 2. That the waiver use is limited to the properly being used for Class C liquor license purposes in connection with a service bar only; and 3. That this approval does not include the utilization of a SDM liquor license at this location. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use of a Class C license 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 Class C license; and 3. That the proposed use of a Class C license 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 be forwarded to the City Council with an approving recommendation. Mr. Taylor: Again, I will ask for a request for a seven day waiver. On a motion by Taylor, seconded by Krueger, and unanimously approved, it was #11-110-2012 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective dale of a resolution after the seven-day period from the date of adoption by the Planning Commission, in connection with Petition 2012-10-02-29 submitted by Dave & Buster's, Inc. requesting waiver use approval pursuant to Sections 11.03(h) and 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with a full service restaurant (Dave & Buster's) at 19375 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast 1/4 of Section 6. November 27, 2012 25507 Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 40V Special Regular Meeting held on November 27, 2012, was adjourned at 7:38 p.m. CIN PLANNING COMMISSION Lynda L. Scheel, Secretary ATTEST: R. Lee Morrow, Chairman