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HomeMy WebLinkAboutPLANNING MINUTES 2005-05-1022282 MINUTES OF THE 9W PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 10, 2005, the City Planning Commission of the City of Livonia held its 905" Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, Chairman, called the meeting to order at 7:30 p.m. Members present: Robert Alanskas William LaPine R. Lee Morrow Dan Piercecchi H. G. Shane Carol Smiley John Walsh Messrs. Mark Taormina, Planning Director; At Nowak, Planner IV; Ms. Debra Walter, Clerk -Typist II, and Ms. Marge Watson, Program Supervisor, were also present. Chairman Walsh 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 turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat anc/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their 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 2005-04-01-03 CADE INVESTMENTS Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2005-04- 01-03 submitted by CADE Investments, LLC requesting to rezone portions of the properties at 36825 and 36905 Ann Arbor Trail, located on the south side of Ann Arbor Trail Road between Newburgh Road and Dowling Avenue in the Northwest 1/4 of Section 32 from RUF to R-1. 22283 Mr. Taormina presented a map shoving the property under petiton plus the existing zoning of the surrounding area. Mr. Nowak: There is one item of correspondence from the Engineering Division, dated April 14, 2005, which reads as follows: `Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time, and the legal description is comect. In developing this subdivision, it should be required that the developer dedicate the additional 27 feet of right-of-way for Ann Arbor Trail to make the one-half width dght-0f-way 60 feet wide. A storm sewer to serve this site is being planned in conjunction with the Ann Arbor Trail sewer separation project. Flow will need to be detained to agricultural conditions in accordance with Wayne County's Storm Water Management Ordinance." The letter is signed by Robert J. Schron, P.E., City Engineer. That is the extent ofthe correspondence. Mr. Walsh: Are there any questions for the staff before we go to the petitioner? Ms. Smiley: It doesn't bother them that they don't go right to the lot lines as the lots are defined? That parcel, see how the red mark is to the left of the actual lot line. It doesn't bother anybody that they dothat? Mr. Taormina: I think I can explain the reason for that, and if it's not sufficient, I'm sure the petitioner will. He has negotiated the purchase of a portion of the lot to the east, which induces rezoning the southerly portion. In exchange for the additional land area, which would be utilized for the storm water detention basin, the developer would split off about 10 - 15 feet of his lot in order to compensate for some of the area being lost for the storm water detention basin. Essentially, it's something that was negotiated between the buyer and the seller, and what it allows for on the one gentleman's property is for him to have some additional width along the west side of his home. Ms. Smiley: Thankyou. Mr. Taormina: By the way, the property being split would be combined wth the property to the east. That's the reason why there's that sliver of land that separates the two. That would be combined with the existing lot to the east. 22284 Mr. La Pine: Mark, for the two lots that are deficient, he has to have 90 feet in width, which abut Ann Arbor Trail. Correct? Mr. Taormina: Correct. Mr. La Pine: How does that 27 feet work? Are we figuring 90 feet from the proposed 27 feet that we hope he will donate to the City for the width of Ann Arbor Trail with the 60 foot wide? Mr. Taormina: It is exclusive of the nghtof-way. So the width would not be measured from the existing right -of my but from the future nghtof-way. Mr. Walsh: Is the petitioner here this evening? Louis Ronayne, 310 W. Dunlop, Northville, Michigan 48167. Mr. Walsh: Is there anything you'd like to add? Mr. Ronayne: I just want to follow up on the one question on that one sliver that we're giving to the homeowner to the east. Part of that is very close to his house and when we negotiated with him, he wanted some more breathing room in there. There's probably going to be an easement for the storm going up through there anyways. So if he ever wanted to put a driveway there or he wanted to ... it's pretty tight to his house. So we gave him that piece of property in exchange plus what else we did on the back to negotiate the back piece. Mr. Walsh: Are there any questions for the petitioner? Mr. Shane: Mr. Ronayne, are you aware that Lots 1 and 11 are deficient in width? Mr. Ronayne: I found out Iasi week, and we have since gotten with our engineer. I'm pretty sure we're going to be able to resolve that by reconfiguring Lots 1 and 2. Mr. Walsh: Anything else, Mr. Shane? Mr. Shane: No, thank you. Mr. Pieroecchi: I don't know if the petitioner is aware the reason for that 30 feel. That 30 feel is to gel you set back from the main road. So your lot line really for building will be 30 feet plus the normal setback, 22285 which if it's R-1, would be five feet. So you'd be 35 feel from the road area there, that boundary line. Do you understand that? Mr. Ronayne: Yes, I'm aware of it. We have a new drawing that we worked out with the Planning Department showing that. What I think we're going to end up doing, we have to move some things around to allow Unit 11 to be able to slay where it is. We don't have a drawing completed yet, but it looks like we're going to have to flip Lots 1 and 2 to face on Ann Arbor Trail. Mr. Pieroecchi: I just wanted to make sure. I don't know if everybody understands that because we're just adding 30 feel of setback really when you gel that. I wish it could be 50, frankly, but I guess that's going too much for the way Livonia has been laid out in the past, but that's the reason for it with the setbacks. So you cant build in that 30 feet. Mr. Ronayne: Actually, if you look at the setback the way it is right now and the way its drawn up, that would take away the whole house next door to the east. Mr. Pieroecchi: What are you talking about? Take away the house next door? Actually, Mr. Chairman, I contributed to it. We're really premature here. We will respond accordingly when you bring in your site plan. Mr. Ronayne: Okay. Mr. Pieroecchi: But tonight we're here to decide whether R-1 is the proper zoning for that piece of property in that part of town. Thats our purpose here, not to analyze how many houses you're going to gel in there. That will all come out in the wash. Mr. Ronayne: No, l understand. Mr. Walsh: Thank you, Mr. Pieroecchi. Mr. Morrow: I was basically going to say what Dan said. I have no problem with the zoning, but my thing tonight was to make sure you're aware of the deficiency on the setbacks so that when you begin to plat it, you'll be aware of what you'll be faced with when you come back before this body. Mr. Ronayne: Yes. 22286 Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one in the audience coming forward, a motion would be in order. On a motion by Shane, seconded by Morrow, and unanimously adopted, it was #0532-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2005-04-01-03, submitted by CADE Investments, LLC, requesting to rezone portions of the properties at 36825 and 36905 Ann Arbor Trail, located on the south side of Ann Arbor Trail Road between Newburgh Road and Dowling Avenue in the Northwest 1/4 of Section 32 from RUF to R-1, be approved for the following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding zoning districts and land uses in the area; 2. That the proposed change of zoning will provide for the development of the subject properly in a manner that will be consistent with other residential developments in the neighboring area; 3. That the proposed change of zoning is consistent with the Future Land Use Plan designation of Medium Density Residential land use for the subject property; and 4. That the proposed change of zoning will provide for the development of the subject property in a manner that is consistent with its size and location. Mr. Walsh, 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 2005-03-02-09 S&W DEVELOPMENT Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2005- 03-02-09, 00503-02-09, submitted by S+W Development, requesting waiver use approval to operate a full service restaurant at 17370 Haggerty Road, on property located on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest''/.of Section 7. 22287 Mr. Walsh: Thank you, Madam Secretary. I'm going to excuse myself from the discussion on this item. I am an employee of Schoolcraft College and this development will take place on SchoolcraR property. I'm going to tum the gavel over to Mr. Alanskas. Mr. Alanskas: Thank you, Mr. Chairman. Mr. Taormina, would you please present the petition. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Alanskas: Is there any correspondence, Mr. Nowak? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated March 30, 2005, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. Additional right-of-way is not required at this time. The legal description to be used with this waiver petition is as follows." The legal description is provided. The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated March 30, 2005, which reads as follows: `This office has reviewed the site plan submitted in connection with a request to construct a full service restaurant on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated April 18, 2005, which reads as follows: We have reviewed the plans in connection with a proposal for Cheeburger Cheeburger located in the 17370 Haggerty business complex. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated March 31, 2005, which reads as follows: "Pursuant to your request of March 24, 2005, the above -referenced petition has been reviewed. This Department has no objection to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Alanskas: Are there any questions for the staff? Mr. La Pine: Yes, just one question. Mark, I'm just curious. When we originally approved the proposal on this area that we're referring to tonight, the total panting spaces that we calculated we needed for the 14,505 square feet for that building, was that 22288 predicated on having five restaurants in there? Do we have enough parking? Normally a restaurant needs a little more parking that normal. The only two places in there, the wireless telephone company and the barbershop, which I don't think really probably needs that much parking, but I'm just worried. Every time I go in that complex it seems the parking is getting tougher and tougher all the time. Mr. Taormina: We did not know at the time of site plan approval for the Marketplace that such a large proportion of the floor area would be utilized for restaurants. In the case of a group commercial center, the zoning ordinance does factor in the possibility of a mix of retail uses, including restaurants. For that reason, it requires a ratio of one space for every 125 square feet for parking purposes as opposed to one to 150, which is what we normally apply for retail uses. You're right. If we had applied the parking for this center for each individual use, then I'm sure it would have come up with a higher number of required parking spaces. But since we did not know at the time what the percentage of restaurant uses were going to be, we applied the single factor that was a bit more conservative. Whether or not there will be a parking problem out there, we don't know at this time. Certainly, there's parking available to the north as part of the expanded College Park development, both where the restaurants are located as well as the office development. Mr. La Pine: Just one other question because I wasn't at the study session. Is this basically more of a sit-down restaurant because I counted 123 seats? Or is a large portion of their business carryout, like Potbelly? Potbelly is a lot more carryout I think than it is sil down. Mr. Taormina: I don't know the answer to that question. I think the petitioner will have to answer that. Mr. Alanskas: Is the petitioner here this evening? Brian Switalski, 2735 Stanton Street, Canton, Michigan 48188. Regarding the restaurant, just to give you a little background for those that are not familiar with Cheeburger Cheeburger, it is a full-service franchise restaurant that is family oriented. It is in a 50's style theme. Your question regarding sit-down, primarily the bulk of the business is a sit-down restaurant. It caters to cheeseburgers ranging from 5-1/2 ounces up to 20 ounces with roughly 82 flavors of milkshakes and home cul fries. It is a 50's style diner more so, but with a nicer, more appealing look to it. The parking 22289 issue also, to the west, there are approximately 25 to 30 parking spaces that generally people, as they pull in, don't recognize. They'll actually be on my side of that building toward the restaurant. So there are additional spots there that most people aren't aware of because theyre going to Potbellys right now. Mr. La Pine: Your outside seating ... people will go through the outside to sit. Will they be serviced by a wailer or waitress? Mr. Switals1k: They will be serviced by a wailer. We have two front doors: one for takeout and then one that has the vestibule where they will be seated by a hostess. So anyone going outside will still come through the inside and go to a hostess and then be directed if they want to sit outside. Mr. La Pine: Primarily, it's mostly sit-down versus carryout? Mr. Switalski Yes. Mr. La Pine: Potbelly, I think, isjusllhe opposite. Mr. Piercecchi: Sir, do you have any other locations close by? Mr. Switals1k: Currently, this will be the first one in Michigan. Cheeburger Cheeburger operates out of 14 states, currently with about 50 restaurants. I became the franchisee for this area of the state for Wayne and Oakland Counties. Over time, I will proceed to open additional restaurants. Mr. Piercecchi: What is the typical number of seals? Mr. Switalski: The older ones, probably around 80 to 90. Theyve opened a lot of the newer ones that have this theme and they're in the 120 to 140 seat range. Mr. Piercecchi: And you have no problem filling them? Mr. Switals1k: No. They're very popular in Florida right now. That's where the bulk of their restaurants are. They've moved into the northeast and had a lot of success there also with restaurants that are in that size range. Mr. Piercecchi: Are they associated with a great university like we have with Schoolcraft? Are they in the same type of complex or are they stand alone? 22290 Mr. Switalski: They are all generally in a strip center complex. I think there's only one that's actually a stand-alone. Mr. Pieroecchi: Theyre in plazas? Mr. Switalski: Plazas. Yes. Mr. Pieroecchi: The way our parking has been calculated, you have no problems. But like our friend here, Mark, said, we didn't figure on five restaurants going in one place. But if you can live with @, I guess it's your problem with seating. If you look at the 125 ... you know, Bill, I do a lot of math. The 125 allows you 22 parking spaces based on your size. You're 3,315. We lake 80% of that, and you got 2680 square feel of usable space. Divide that by 125, and you gel roughly 22. Mr. Switalski: I think our business will be, since it is primarily sit-down, Potbellys and Caribous are not. A lot of that space will probably honestly be directed more toward our restaurant than the others because they have a lot of takeout business. It won't be long- term parking. Mr. Pieroecchi: We're on your side here. We're not the enemy. Mr. Switalski: ON I know. Mr. Pieroecchi: Can I ask Mark a question? Mr. Alanskas: Sure. Mr. Pieroecchi: Mark, who owns the property south of that strip mall there? Mr. Taormina: That's the Comerica operation center. Mr. Pieroecchi: It would sure be nice to gel some land there and put some parking in there. Mr. Taormina: I don't think they have any room available there. Mr. Pieroecchi: Pardon? Mr. Taormina: Theyre pretty much built to capacity on that site. Mr. Pieroecchi: How much space is there between, let's say, that building and the Comerica building? 22291 Mr. Taormina: That I don't know, but I know that they utilize every square inch Of it. Mr. Piercecchi: They do, eh? Mr. Taormina: There's a grassy knoll that's probably 15- 20 feet wide between the end of their parking lot and where this building would be at. Mr. Piercecchi: It sure would be nice to get 100 feel there. Mr. Shane: Just one quick question. Do any ofthe Cheeburger Cheeburger restaurants have beer and wine and/or liquor licenses? Mr. Switalski: Some of them do. The new plan is none of them will carry beer and wine or liquor licenses. Some have beer and wine, not liquor. Mr. Shane: So this location has no plans for that? Mr. Switalski: No. The ones that do account for less than two percent of their business, so its not a venture to really entertain at this point. No need to. Mr. Morrow: This is a little bit off the subject. You mentioned cheeseburgers and malts? Mr. Switalski: Yes. Mr. Morrow: You must have other items on the menu. Could you give me an idea? Mr. Switalski: There are chicken sandwiches, a large choice of salads that are handmade essentially to the customer's order. There's porlabella mushrooms, veggie burgers. So there's a full service of food on the menu besides just cheeseburgers. Mr. Morrow: Not the normal restaurant entrees for full service restaurants. It's more of like sandwiches and salads and the cheeseburgers. Mr. Switalski: I mean the specialty is cheeseburgers. I mean that's what we focus in on. There are additional items, but we're not like a typical Fridays where we could have 40 different things on the menu. It is limited probably to 15 main items, with cheeseburgers being the primary, and the milkshakes and fries. Mr. La Pine: Do you take reservations? 22292 Mr. Switalski: No. Mr. La Pine: Secondly, I'm going to outdate myself, but you say you have 91 varieties of milkshakes. Mr. Switalski: Eighty-two. Mr. LaPine: I'm back from the old days where we used to sit at the counter and the soda jerk would shove the thing up and mix it. Are they mixed to order or are these the ones you pull down? Mr. Switalski: Everything is made to order, including the burgers. At the time you order it, we start grilling them. There's no pre -making of any food. It's all done and the shakes are the same way. You sti l put them up in the spindle and have them spin with the ingredients mixed in. Mr. La Pine: I like to hear that. What are your hours? Mr. Switalski: They are open from 11 to 9, and Saturday and Sunday until 930. Mr. Alanskas: For outside seating, are you going to have outside speakers? Mr. Switalski: No. Mr. Alanskas: You are not. Okay. Mr. Switalski: And there will be no additional lighting besides what the landlord provides. The seating will be during the daytime or while it's IgM out. Mr. Alanskas: Is @ safe to say that most of your business is during lunchtime? Mr. Switalski: They do a very good dinner crowd also. Mr. Alanskas: For cheeseburgers? Mr. Switalski: Yes. Fridays and Saturdays are very popular. Its family oriented. Kids meals come like in little cars, little plastic cars. So kids like going there. There's a Mole range of things that attracts. We have Trivia Pursuit cards on the table. So it's like a family can do things while they're sitting there waiting for their food to come out. 22293 Mr. Alanskas: You're not going to have any type of video games in the restaurant? Mr. Switalski: No. Mr. Alanskas: Is there anybody in the audience that wishes to speak for or againstthis pelifion? Hearing none, a resolution is in order. On a motion by Smiley, seconded by LaPine, and adopted, it was #0533-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2005-03-02-09 submitted by S+W Development requesting waiver use approval to operate a full service restaurant at 17370 Haggerty Road, on property located on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest '/of Section 7, be approved subject to the following conditions: 1. That the Fixture Floor Plan marked Sheet No. 1.04 prepared by A & E Designers, Inc., dated March 16, 2005, is hereby approved and shall be adhered to; 2. That the maximum number of customer seats shall not exceed 147 seats, including 123 seats inside the building and 24 outdoor patio seats; 3. That the outdoor dining shall be confined to a portion of the adjacent easterly patio as illustrated on the outdoor seating plan submitted with this request; 4. That the outdoor dining shall be conducted in a manner that will ensure that sufficient dear space for pedestrian circulation is maintained on the patio area at all times; 5. That a trash receptade shall be provided for the outdoor dining area; 6. That only conforming signage is approved with this pefifion, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council; 7. That the awnings of this unit shall not include any identification sign, and shall not be baddil; 22294 8. That wall signage shall not be illuminated beyond one (1) hour after this business doses; 9. That no LED lightband or exposed new shall be permitted on the site including, but not limited to, the building or around the windows; and 10. 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 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; 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. Mr. Alanskas: Is there any discussion? Ms. Smiley: I would also like to add that I dont think you will have a problem with the parking because of the uniqueness of the restaurants that are in there. There s a coffee shop, Potbellys, an ice cream place, and they may wander from your restaurant down to theirs. So I dont anticipate a problem. Good luck. Mr. Alanskas: Thank you, Ms. Smiley. Would the Secretary please call the roll for the approving resolution? A roll call vole on the foregoing resolution resulted in the following: AYES: Smiley, La Pine, Shane, Piercecchi, Morrow, Alanskas NAYES: None ABSTAIN: Walsh ABSENT: None 22295 Mr. Alanskas, Acting Chairman, dedared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Mr. Walsh returned to the podium at 8:05. ITEM #3 PETITION 2005-04-0240 HEALTHY CHOICES Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2005- 04-02-10 00504-02-10 submitted by Healthy Choices Cafe requesting waiver use approval to add outdoor restaurant seating on the sidewalk area in front of 33523 Eight Mile Road in the Northridge Commons shopping center, located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 114 of Section 4. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nowak: There are five items of correspondence. The first item is from the Engineering Division, dated April 15, 2005, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above-refemnced petition. We have no objections to the proposal at this time. It is noticed that the rough sketch submitted defining the limits of the seating extends across the frontage of the adjacent tenant, Rio Wrap. The legal description to be used with this waiver petition is as follows." The legal description is provided that describes a 10' x 36' area. The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated April 15, 2005, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to add outdoor seating on property located at the above - referenced address. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated April 26, 2005, which reads as follows: 'We have reviewed the plans in connection with a proposal by Healthy Choices Cafe located at 33523 Eight Mile Road. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated April 18, 2005, which reads as follows: "Pursuant to your request of April 13, 2005, the above -referenced petition has been reviewed. The following is noted. (1) Care must be taken to ensure that walkways and seating aisles maintain their clearances. The walkway from the door should be a minimum of 44 inches clear 22296 and the exterior seating aisle should be a minimum of 36 inches clear. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. The next letter is from the Manager of the Northridge Laurel Shopping Center which reads as follows: 'We have reviewed the proposed summer outdoor seating for Healthy Choices Cafe of 33523 Eight Mile Road, Suite F4, Livonia, 48154, and fully support their efforts to procure such amenities. We believe it will provide a wonderful atmosphere for the customers of Healthy Choices Cafe and will benefit all tenants located within the Northridge Mall. Residing in Michigan, it seems we have little time to enjoy the outdoors, and this seems like a wonderful idea." The letter is signed by David Field, Property Manager, Northridge/Laurel, LLC. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Ty Nuollila, 1194 Clearwater, White Lake, Michigan 48386. Mr. Walsh: Is there anything you'd like to add to the presentation? Mr. Nuotilla: Just that we really are limited on our interior seating. We have seating for 14-15, inducing a child seal. Most of our business is canyoul, but we've had a lot of people who have basically said, why don't you have outdoor seating? There's a lot of room there with the canopies, as Mark said. And it does seem like a great idea, and I think it would be just nice to be able to sit outside. I mean our food is amazing. We have struggled with marketing type issues. A lot of people that shop at Kroger and go to Blockbuster, they don't even see that we're there. The same thing with the Rio Wraps. We're in the back of the mall. When you're driving down Eight Mile, you rbn't just see it. Ifs hard to see. You have to be actually loolang for it. Even if you are looking for it, you may miss it. So I think this will help draw attention to our businesses and help ensure our success as well because it has been a stmggle. We've been open eight months, and its been a long road to get to this point. Mr. Walsh: Are there any questions from the Commissioners? Mr. Piercecchi: Just one comment here. How long has Rio Wmps been ... Mr. Nuotilla: We opened late June, last summer. So less than one year. 22297 Mr. Piercecchi: Because when I inspected your area for this great idea, @looked like they were just remodeling inside. Mr. Nuotilla: That is the unit next to us. They're putting in an Ebay drop off store where you drop off your goods to be sold on Ebay. So that's my new neighbor. When we moved in Iasi year it was Kit's Taekwondo and since then, they have left. Now we have the new Ebay store. Mr. Piercecchi: I see. Thank you. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one come forward, a motion would be in order. Mr. Piercecchi: I think outdoor sealing in this particular section of the plaza is going to do a lot to enhance it, and I think its going to serve as an economic stimuli for that area too. I think outdoor dining is a thing of the future, and we're finally catching up to the Europeans as far as outdoor dining is concerned. I'll offer an approving resolution. On a motion by Piercecchi, seconded by LaPine, and unanimously adopted, it was #0534-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2005-04-02-10 submitted by Healthy Choices Cafe requesting waiver use approval to add outdoor restaurant seating on the sidewalk area in front of 33523 Eight Mile Road in the Northridge Commons shopping center, located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 114 of Section 4, be approved subject to the following conditions: 1. That the outdoor dining shall be confined to porfions of the sidewalk directly in front of the subject restaurant units as illustrated on the proposed outdoor seating plan submitted with this request; 2. That the portions of the sidewalk areas utilized for outdoor seating shall be enclosed (except for the width of the walkway leading to and from the restaurant doors) by a temporary fence during the seasonal times when the outdoor seating is in use, as shown on the proposed outdoor seating plan; 22298 3. That the maximum number of outdoor seats shall not exceed 32; 4. That this approval for additional seats is applicable to the outdoor dining areas only and shall not be construed as to permit additional seating inside the building; 5. That the petitioner shall comply with the following stipulations in the correspondence dated April 18, 2005, from the Inspection Department; - Care must be taken to ensure that walkways and seating aisles maintain their clearances; the walkway from the door should be a minimum of 44 inches clear and the exterior seating aisles should be a minimum of 36 inches dear; 6. That a trash receptade shall be provided for the outdoor dining area; 7. That all other conditions imposed by Council Resolutions #124-04 and #299-04, which granted waiver use approval of the indoor seating for the subject restaurants, shall remain in effect to the extent that they are not in conflict with the foregoing conditions; and 8. That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for a Zoning Compliance Permit for the outdoor dining. 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. Mr. Walsh: Is there any discussion? 22299 Mr. Alanskas: I hope the petitioner in regards to outside trash . usually outdoor seating is done by the younger group and a lot of times they don't want to put trash where it belongs. So I would hope that you would police that area and always make sure it is clean. Thankyou Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 PETITION 2005-03-06-01 RETAIL USES Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2005- 03-06-01, 00503-06-01, submitted by the City Planning Commission, pursuant to Council Resolution #137-05, and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 11.03(p) of Article XI of Zoning Ordinance #543, as amended, to give the Planning Commission and City Council additional authority to regulate new retail uses in excess of 30,000 square feet. Mr. Walsh: Mr. Taormina, is there anything to add to that description? Mr. Taormina: Just basic comments regarding this language amendment. The Council has referred to the Planning Commission for action and recommendation a proposed ordinance amendment to Section 11.03 of the Zoning Ordinance, which would give the City Council additional authority to regulate new large retail uses. The provisions of this section of the ordinance require waiver use approval for all retail uses that have a gross floor area in excess of 30,000 square feet. Currently, there are five special requirements to the granting of such a waiver use. This would add a sixth paragraph that would state that a retailer cannot obtain waiver use approval to operate within a new building of 30,000 square feel or more if the resulting building would be occupied by a tenant or owner which would, in consequence, leave vacant a building of 30,000 square feel or more elsewhere in the City of Livonia. Mr. Walsh: Are there any questions or comments from the Planning Commissioners before we go to the audience? Mr. Alanskas: We had quite a good study session on this last week with our City Attorney. I, as one commissioner, am concerned. I don't 22300 want to push someone that wants to be in our city for business out of the city by saying that you have to get a tenant for where you are now before you can go to another area in the city. I just think that we should either be tabling this for further discussion or let our current resolution take care of this situation. Thank you. Mr. Piercecchi: Mr. Chairman, when I first read this and looked at it, I wrote some notes, and I will read them to you. It starts out saying that it is my understanding that this petition revolves around empty commercial sites and would make the relocation of an existing Livonia business to another Livonia site, which was newly constructed to accommodate said transfer, a variance item which would require public hearings and Council approval. It would limit its scope to buildings in excess of 30,000 square feet and require assurances that the move would not result in an empty building at the previous location. Frankly, I question the wisdom of going forward with this action, especially approving it. Tabling it perhaps for more discussion. Although I realize the intent of this proposal is to minimize the number of empty commercial buildings and sites, especially in regards to large buildings, it is out of character for Livonia. This legislation would target sites solely on their square footage, square footage that currently is associated in particular with big box discount outlets. Although the cause is noble since empty big boxes are the most difficult to revitalize, it is discriminatory, anti -business and contrary to the way we do business in Livonia. I am of the opinion this proposal will not stop movement or prevent an empty building, but will result in law suits and the business leaving Livonia to build their new facility in another city. In addition, and I will close with this remark, it is redundant since 11.03(p) provides adequate regulation and control of retail sale uses in excess of 30,000 square feet. Mr. LaPine: Seeing that I wasn't at the study session, does City Attorney Kavanagh believe that this ordinance is defendable in court, that we are on legal ground to approve such a thing as this? Mr. Walsh: He did make that statement when we were together, yes. Mr. Morrow: Just a comment. The question I have is because we are looking at this ordinance, you know we've indicated 30,000 square feet. At the study session, we weren't really sure that perhaps that was the right number to use, which might require a little more time to more specifically come up with a number of square feet. Secondly, are we plowing new ground? Are we aware or can 22301 we find out if any other city may have a similar ordinance, or are we unique in this regard? Should we be able to find a city that currently has a similar ordinance, what is their track record with that particular ordinance as far as any successes or any failures? I kind of feel the same way. I don't want to do anything to preclude people developing in the city. By the same token, I don't want to just shuffle this thing off. I think it may need a little more study before we make a final determination. Mr. Shane: I'd just like to say amen to Mr. Pieroecohi and Mr. Alanskas. I'd like to further say that vacant buildings are a problem. Idon't care what their size. I just don't understand singling out a particular building just because they're large and holding them hostage so to speak, not even allowing them to move unless they find a occupancy for their present site. It just seems to me that since we have an Economic Development Department that ought to be one of the things they should be doing is helping these vacant buildings find tenants, and I'm sure they do. We put a lot of time and effort in trying to gel good site plans on these new buildings. We put them through the wringer so to speak and now all of a sudden we're going to add another stumbling block to their bettering themselves, finding a different location, finding a better location. With all due respect to the drafter of this ordinance, I think it's a bad idea, and I have no intenfion of voting for it. Thank you, Mr. Chairman. Mr. Morrow: Just an additional comment. I think it was stated by Mr. Kavanagh at the study meeting that this particular ordinance should be adopted as written. That requirement could be waived by the City Council with a two-thirds vote. Is that an accurate statement? Its not etched in stone, that there is relief should the City Council decide to give them permission? Mr. Walsh: I dont personally recall. Mr. Morrow: Do you recall that, Mr. Taomina? Mr. Taormina: Well, it's true. Any special requirement of a waiver use can be waived or modified by a two-thirds vole of the City Council. It may have been touched upon at our study meeting. Mr. Morrow: As I recall, it was that it's not etched in stone. They can gel relief from that requirement should they try and fail to accommodate the vacant building. 22302 Mr. La Pine: My position on this is, basically, I don't know what they're trying to accomplish here because even if somebody moves out of the building, and the building becomes empty, the landlord is still obligated for the taxes to the City on the building even when it's empty. The other point is, one point that I think we have to look at is, when these buildings become empty, and one of the problems that I think we have with the landlords when these buildings become empty, they don't maintain the buildings; they don't maintain the grounds. Consequently, when a potential lessee for that building comes in and the building is in very poor shape because it hasn't been taken care of over a period of time it's been empty, it causes more heartaches than that building being empty. I have to agree with Mr. Shane at this point. Unless somebody can convince me otherwise, I think it's a very bad precedent to set for the city, quite frankly. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Is there any further discussion? A motion would be in order. On a motion by Shane, and seconded by LaPine, it was RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2005-03-06-01, submitted by the City Planning Commission, pursuant to Council Resolution #137-05, and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 11.03(p) of Article XI of Zoning Ordinance #543, as amended, to give the Planning Commission and City Council additional authority to regulate new retail uses in excess of 30,000 square feet, be denied forthe following reasons: 1. That the current language of Section 11.03(p) of the Zoning Ordinance provides for adequate regulation and control of retail uses in buildings in excess of 30,000 square feet of floor area; 2. That it has not been established that there is a need for the proposed language amendment; and 3. That the proposed language amendment would unnecessarily restrict and impede the movement of businesses occupying large retail sales buildings in Livonia. Mr. Walsh: Is there any further discussion on the motion? 22303 Mr. Morrow: Mr. Chairman, as I indicated in my remarks, I'm not saying that I'm actually for this, but I had indicated that if we're under no time constraints, I had indicated maybe a couple things we should review before we move on this, and one would be examination of the 30,000 square feet and then see if any other cities or municipalities have a similar ordinance and what their record was with it. So, I would like to offer a tabling resolution to that effect. On a motion by Morrow, seconded by Piercecchi, and adopted, it was #0535-2005 RESOLVED, that the City Planning Commission does hereby recommend that Petition 2005-03-06-01, submitted by the City Planning Commission, pursuant to Council Resolution #137-05, and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 11.03(p) of Article XI of Zoning Ordinance #543, as amended, to give the Planning Commission and City Council additional authority to regulate new retail uses in excess of 30,000 square feet, be tabled. A roll call vole on the foregoing resolution resulted in the following: AYES: Morrow, Piercecchi, Alanskas, La Pine, Smiley NAYES: Shane, Walsh ABSTAIN: None ABSENT: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. This will be tabled until a date established by the Planning Commission with our Planning Director. This condudes the public hearing portion of this meeting. We will now proceed with the Miscellaneous Site Plan section of our agenda. Members of the audience may speak in support or opposition to these items. Will the Secretary please read the next item? ITEM #5 PETITION 2005-04-08-08 CHRYSLER PLYMOUTH Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2005- 04-08-08, 00504-08-08, submitted by the Livonia Chrysler Plymouth Dealership requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to renovate the exterior of the automotive dealership located at 30777 Plymouth Road in the Northwest%of Section 35. 22304 Mr. Taormina: I'll briefly describe this petition. It involves modifications to the existing Chrysler Jeep dealership located on the south side of Plymouth Road between Meriman Road and Henry Ruff Road. This property consists of land area of about 4.3 acres. The building is approximately 33,000 square feel and is zoned C-2, General Commercial. Commercial land uses exist both to the east and west of the subject properly. There is M-1 zoned property to the north across Plymouth Road and to the south are residentially zoned properties that are part of the Devonshire Park Subdivision. The existing building is used primarily in connection with the sale of new and used automobiles. The dealership also houses a service center. The proposed renovations would transform the dealership to a new modem appearance that several other Chrysler dealerships are undertaking presently. The proposed renovations to the building would involve both the entrance to the new car dealership portion of the building, which is at the east end of the structure, as well as renovations to the facade associated with the used car dealership, which is at the opposite end of the building. These changes are primarily cosmetic in nature. The most significant changes would take place to the front portion of the new car dealership portion of the building where a new tower element would be added. The design would bump out the building approximately four feet for the purpose of adding a vestibule. There would be masonry columns supporting the main portion of the structure, which would extend for a height of approximately 24' feet. New glazing would be added to the front along with a new cornice treatment along the top portion of the facade. To a lesser extent, the same elements of design would be incorporated at the opposite end of the building, which is the entranceway to the used car portion of the dealership. Mr. Walsh: Are there any questions from the Commissioners? Mr. Alanskas: How did we come up with the wraparound of 27 feet on the sides? Mr. Taormina: This is the west elevation and this is east elevation of the building. The area you're referring to is probably right here. Mr. Alanskas: Can we go further than 27 feet? Mr. Taormina: No, because really that becomes the other main portion of the structure. That's primarily masonry at that point. There is some offset in the building. That's where the building jogs. So this is 22305 where the EIFS would be located on the wraparound. I think that's the area you're refening to. Mr. Alanskas: Yes, it is. Thank you. Mr. Piercecchi: What is the status of signage on that building? Mr. Taormina: I don't know exactly the extent of variances that have been granted at this location for signage. I do know that they are showing new wall signs on the elevation plans; however, we don't have any details with respect to signage. I'm not sure whether or not there will be additional variances required for the new signs. Mr. Pieroecchi: Is this signage that's proposed, I noticed three. One said Livonia, one said Jeep, and one was Chrysler. Plus there's some on the other end on the used cars. Is this new signage? Mr. Taormina: I dont think we have enough information at this time. That's something that either is going to have to be referred to the Zoning Board of Appeals for final approval or would have to come back as a callback item. Mr. Walsh: Mr. Nowak, is there any correspondence? Mr. Nowak: There are five items of correspondence. The first item is from the Engineering Division, dated April 22, 2005, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time as this is a building renovation only." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated April 27, 2005, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to renovate the exterior of the dealership on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated April 26, 2005, which reads as follows: We have reviewed the plans in connection with a proposal by Livonia Chrysler Plymouth located at 30777 Plymouth Road. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated April 27, 2005, which reads as follows: "Pursuant to your request of April 19, 2005, the above -referenced petition has been 22306 reviewed. This Department has no objections to this petition." The letter is signed by Alex Bishop, Assislart Director of Inspector. The next letter is from the Plymouth Road Development Authority, dated May 4, 2005, which contains the resolution of the PRDA adopted on April 21, 2005, which reads as follows: "#2005-14 RESOLVED, that the Plymouth Road Development Authority does hereby recommend that the request submitted by Mr. Joe Jeffreys, Vice President of Schafer Construction, Inc., on beha# of the Livonia Chrysler Plymouth Dealership, located at 30777 Plymouth Road in the Northwest X of Section 35 (Petition 2005-04-08-08), be approved subject to compliance with all City codes and ordinances and the Plymouth Road Development streetscape goals and objectives, as such may be modified by the action of the Planning Commission and/or City Council." The letter is signed by John J. Nagy, PRDA Director. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Dave McDonald, Livonia Chrysler Plymouth, 30777 Plymouth Road, Livonia, Michigan 48150. Mr. Walsh: Mr. McDonald, if you want to show us something, would you put it on the tripod please? I want to make sure we can gel a camera angle on it. Mr. McDonald: The purpose of this facelift, if you will, is Daimler Chrysler asked all of its dealers to do what they call a branded showroom so anytime people are coming across a Dodge, Chrysler or Jeep dealership, they want it to be the same on the inside as well as the exterior. So if you notice the arch, you will hear people say, Did you put the arch on? They want the arched entryway. They've gone across the country, and we went and looked at several stores that had the same look that we had because back in the 60's when they built the majority of these stores, they all had that same branded look across the front of it with the little fascia. It's just a nice clean look. We're not tearing down walls or anything like that. Its just a more modem, cleaner look that will associate us with the factory and all of us will look the same. Mr. Walsh: Are there any questions from the Commissioners? 22307 Mr. Alanskas: I have two. You'll have to excuse me. I may be wrong, but al your dealership, do you have an extended ramp where you show a car four feet off the ground in the front? Mr. McDonald: Yes, we do. Mr. Alanskas: Mark, is that permitted? The reason why I ask is because Tennyson Chevrolet, two or three years ago, did a big renovation. He had one of those ramps and we made him take @down. Mark? Mr. Taormina: I would have to check at this location to see if there are any special exceptions granted, variances or anything like that. I can't answer off the top of my head. Normally, we don't allow the display vehicles to be hoisted up like that. Mr. McDonald: For those of you that remember, what that was at one time, was a spinning car out in the front at that comer at Milburn when that dealership was built. I believe it was in the 60's. B. J. Radigin built that. I remember it as a kid. It was an electric car that used to spin around that was out there. That was eliminated and they just kept the ramps. Mr. Alanskas: Number two, do you open the hoods of your cars and put a big sign that says 'tor sale $13,000 or $14,000" - additional signage on Plymouth Road? Mr. McDonald: Asign in the... Mr. Alanskas: A lot of dealers, bey open the hoods and they put these big signs up. Mr. McDonald: If we're having a special sale, sometimes on occasion we will, sure. Mr. Alanskas: Mark, is that permitted? Mr. Taormina: Noltypically. Mr. McDonald: It was my understanding that if anything was attached to the vehide, I thought that was okay. Mr. Alanskas: The thing is, if we allow one dealership to do that up and down Plymouth Road, you could have them all do it and that would look kind of gaudy. That was my question. Thank you. 22308 Mr. McDonald: Okay. Sure. Mr. LaPine: I'm glad to hear your opening statement, because for many, many years, Chrysler Corp's identity was an area that I called on, and they were so strict on everything. I mean if we did logos or anything, they had to be so exact. If any renovation to any building no matter where it was across the country, then they had to approve it because they wanted, like you say, the same thing. If you go from one end of the country to the other end of the country, you always would know their dealership. I was just curious if they had approved this type of design. Mr. McDonald: That came right from identity. Mr. LaPine: Verygood. Thankyou. Mr. Walsh: Are there any other questions for the petitioner? A motion would be in order. On a motion by Morrow, seconded by Alanskas, and unanimously adopted, it was #0536-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2005-04-08-08, submitted by the Livonia Chrysler Plymouth Dealership, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to renovate the exterior of the automotive dealership located at 30777 Plymouth Road in the Northwest''/.of Section 35, be approved subject to the following conditions: 1. That the Exterior Building Elevation Plan marked At dated April 15, 2005, as revised, prepared by Linchoul Associates, is hereby approved and shall be adhered to; 2. That no signs, either freestanding or wall mounted, are approved with this petition; 3. That no LED lightband or exposed neon shall be permitted on this site inducing, but not limited to, the building or around the windows; and 4. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department atthe time the building permits are applied for. 22309 Mr. Walsh: Is there any additional discussion? Mr. Piercecchi: Are you going to amend the motion to take away the car on the ramp? Mr. Alanskas: I would like to if its not permitted. Yes. Mr. Piercecchi: Now is the time to do it. Mr. Alanskas: That's correct. We did it for Mr. Tennyson. I think Mark would have to look into that though. Mr. Morrow: As the maker of the motion, I don't want to predude anything like that in the particular motion that I made until Mark has a chance to research it and see if its grandfathered in or whether or not there's anything surrounding the use of it. Mr. Piercecchi: You can put a proviso on that. Mr. Morrow: I know I can, Dan. What I'm saying is that I don't want to make a part of this resolution. Mr. Pieroecchi: Okay. Mr. Walsh: So the motion stands as stated. Is there any further discussion? Mr. Alanskas: I think that the petitioner has stated that he would go along with that if necessary, and we can leave it at that. Mr. Walsh, Chairman, declared the motion is canned and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#6 APPROVAL OF MINUTES 904TM Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes oflhe 904"' Regular Meeting held on April 19, 2005. On a motion by Shane, seconded by Piencecchi, and adopted, it was #0537-2005 RESOLVED, that the Minutes of 904" Regular Meeting held by the Planning Commission on April 19, 2005, are hereby approved. 22310 A roll call vole on the foregoing resolution resulted in the following: AYES: Shane, Pieroecchi, Alanskas, Morrow, Smiley, Walsh NAYS: None ABSENT: None ABSTAIN: LaPine Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 905" Public Hearings and Regular Meeting held on May 10, 2005, was adjourned at 8:45 p.m. CITY PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: John Walsh, Chairman