HomeMy WebLinkAboutCOUNCIL STUDY - 2013-11-18 CITY OF LIVONIA— CITY COUNCIL
MINUTES OF STUDY MEETING HELD NOVEMBER 18, 2013
Meeting was called to order at 8:00 p.m. by Vice-President Pastor. Present:
James McCann, Joe Laura, John Pastor, Thomas Robinson, Maureen Miller Brosnan,
Brandon Kritzman, and Laura Toy (arrived late at 8:06 p.m.). Absent: None.
Elected and appointed officials present: Todd Zilincik, City Engineer; Mark
Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney;
Terry Marecki, City Clerk and Jack E. Kirksey, Mayor.
Brosnan congratulated Kathleen Monroe, Director of Libraries, on her retirement and
presented her with a commendation for her 25 years of dedicated service to the City
and the community. Kathleen Monroe thanked Council and said it has been a privilege
and honor to work for the City for the past 25 years.
Brosnan presented Sister Carolyn Rackowski, Principal, St. Michael's School, with a
commendation for her service to the community. Sister Rackowski thanked Council for
their recognition. She also thanked the community and the felician sisters for all their
support.
McCann wished Mayor Jack Kirksey a Happy 85th Birthday on Thursday, November 21,
2013. He also congratulated the Mayor on his upcoming 50 years of service to the
community. Mayor Kirksey thanked Council for their kind words. He said it has been an
honor to part of the leadership of this great community and said he is happy to be a part
of it.
President Toy announced there is new data on Item #7.
AUDIENCE COMMUNICATION: None.
NEW BUSINESS
1. REQUEST TO APPROVE PAYMENT AND EXTEND CONTRACT WITH BS & A
SOFTWARE: Office of the Treasurer, re: in an amount not to exceed $23,000
per year to provide yearly service and support for the Equalizer Internet
Tax/Assessing System for the period November 1, 2013 through October 31,
2016.
Dennis Wright, City Treasurer, presented the request to Council. I am requesting
approval of payment to BS& A Software for yearly service and support fee from
November 1, 2013 through October 31, 2016 with their contract for their
Equalizer Internet Tax/Assessing System in the amount not to exceed $23,000
per year. BS&A is the sole provider for this service and has been doing an
excellent job working with my staff and providing support services.
2
Pastor offered the approving resolution for the Consent Agenda.
Brosnan asked Wright if the rate reflected a new payment schedule. She said it
was slightly higher than their last request back in February 2013 in the amount of
$18,360.00. He said he wasn't quite sure but he could look into that. Wright
indicated that they were moving to a three year extension of the contract. He said
they have been very cooperative with their pricing. Brosnan asked Wright what
determined the rate, if it was usage. Wright said he was not sure but would check
and report back to Council.
DIRECTION: APPROVING CONSENT
2. REQUEST FOR AUTHORIZATION TO PURCHASE EIGHT (8) MARKED
PATROL VEHICLES AND THREE (3) UNMARKED VEHICLES UTILIZING
STATE OF MICHIGAN AND COUNTIES OF OAKLAND AND MACOMB
CONSORTIUM BID PRICING: Division of Police, re: to be utilized by the
Uniform Division and the Investigative Division from budgeted funds.
Police Chief Curtis Caid presented the request to Council. The Livonia Division of
Police is requesting authorization to purchase eight (8) marked patrol vehicles,
which would be utilized by the Uniform Division, and three (3) unmarked vehicles,
which would be used by the Investigative Division. These units are scheduled
replacements. Six (6) of the marked vehicles are general duty patrol cars and two
(2) are traffic units. This proposed purchase would utilize $294,631.46 of the
$320,000.00 that was budgeted for this purpose.
They propose to purchase four (4) Ford Police Interceptor Utility vehicles in the
amount of $115,092.00; one (1) Ford Police Interceptor Sedan in the amount of
$26,876.00; two (2) Chevrolet Tahoe Police Pursuit vehicles in the amount of
$55,613.46; one (1) Dodge Charger Police Package in the amount of
$25,572.00; two (2) Ford Taurus SEL's in the amount of $46,536.00; and one (1)
Chevrolet Impala LT in the amount of$24,942.00. All vehicles will be 2014 model
year.
They are requesting a waiver of the local sealed bid process, based on the Police
Department's association with the bid/purchasing consortiums of the State of
Michigan and the Counties of Oakland and Macomb. Upon receipt of various bids
and specifications, the department conducts an analysis and selects the low
bidder, regardless of consortium affiliation.
If approved, existing vehicles in their fleet scheduled for replacement will be
assessed and either reassigned to another City department or disposed of at
auction.
Pastor offered the approving resolution for the Consent Agenda.
3
DIRECTION: APPROVING CONSENT
3. WAIVER PETITION: Planning Commission, re: Petition 2013-09-02-23
submitted by Tim Donut U.S. Limited, Inc. to construct and operate a limited
service restaurant with drive-up window facilities (Tim Hortons) located on the
south side of Five Mile Road between Newburgh Road and Blue Skies Avenue
(New Five Village shopping center) (37685 Five Mile Road) in the Northeast 1/4
of Section 19.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This is a request to construct a new restaurant. It will be
located at the New Five Village shopping center which is near the southwest
corner of Five Mile and Newburgh Roads. On September 23rd of this year City
Council gave First Reading for a change of zoning for this area from C-1, Local
Business, to C-2, Genera Business. The proposed restaurant would be one story
in height and would measure 1,953 square feet in total area. The building would
be positioned towards the southeast corner of the lease area. The setback of the
building would be roughly 75 feet from the right-of-way line of Five Mile. An
outdoor patio would be located near the northeast corner of the building. The
patio area measures about 23 feet by 19 feet and would be enclosed by a
decorative railing. There are no additional curb cuts proposed along Five Mile.
Access to the restaurant would be via connections with the shopping center's
existing drive aisles. The proposed restaurant would have a total of 26 interior
seats and 12 exterior patio seats. It would be classified as a limited service
restaurant. Drive up window service is planned along the south side of the
building. The traffic lane serving the drive-up window would commence along the
west side of the property and then continue around the south side of the property
where the pickup window would be located at the back side of the building or the
south side. There will be a curb to define the outer boundary of the lane serving
the drive up window. To allow cars to bypass the drive thru once they are in line,
the plan shows an opening in the curb to the south of the shopping center's
adjacent drive aisle. In terms of parking, restaurants require one space for every
two interior seats, one space for every three outdoor patio seats, one space for
every employee, and two spaces beyond the drive-up window. In this case, Tim
Hortons would require a total of 24 parking spaces. This plan provides for a total
of 33 parking spaces, but because the proposed development will eliminate
parking spaces required for the shopping center, it was necessary for us to
reevaluate the overall parking for the shopping center. Based on the usable
square footage of New Five Village shopping center, plus the bank that also
operates on this site, they are required to have a total of 482 parking spaces.
Currently, the shopping center provides for a total of about 555 parking spaces.
With Tim Hortons, the total number of spaces would decrease to 501, which is
just 5 less than the total required of 506. They believe these spaces can be
added at the rear of the property to avoid the need for any variances. Taormina
also pointed out on the site plan that the dumpster enclosure has been
4
repositioned on the site. Previously, it was a little further north on the property. It
has been moved further south and is at an angle, still allowing for some
landscaping around the perimeter of the dumpster. In terms of landscaping,
approximately 16.5 percent of the overall site would be landscaped, which
exceeds the City's minimum requirement of 15 percent. In terms of the exterior of
the building, it is predominantly brick along the front of the building. There is also
fiber cement board. The dark brown colors on the building and along the base is
a ledge stone material that is also a cement fiber material. There is an exterior
freezer/cooler unit that would be completely bricked in the same material that
would match the building. The dumpster enclosure would also contain the same
brick material. Lastly, with respect to signage, the restaurant would be allowed
one wall sign totaling 60 square feet on the front of the building. There is a
second wall sign located on the side of the building. It's still yet to be determined
whether or not the sign would be placed there or on the opposite side. There was
a ground sign presented on some of the earlier plans. The Planning Commission
said if they did not have a ground sign then two (2) wall signs would be allowed.
Taormina said the petitioner was present to address Council.
Patrick Bell, Construction Project Planner, Tim Donut U.S. Limited Inc., 565 E.
Grand River Avenue, Suite 101, Brighton, MI 48116 was present to answer any
questions Council may have. He said they are very excited about this restaurant
at this location. He said it is very similar to their other restaurant currently under
construction at Five Mile and Merriman Roads. He said they think this fits really
well into this site. He said the site is somewhat underutilized and they hope to
bring more traffic to the shopping center and its tenants.
Laura asked Bell with this location included, how many Tim Horton restaurants
will there be in Livonia. Bell said he believed this would make a total of 6 or 7, he
said sometimes he is not always aware of the Tim Horton's restaurants in the gas
stations since he deals with the newly constructed restaurants.
Kritzman said there are some differences between this proposed restaurant and
the one currently being constructed at Five Mile and Merriman Roads. He said
the most obvious being the orientation of the restaurant as it relates to the main
road. Kritzman asked Bell what the material on the walk-ins was; Bell replied
brick. Kritzman said he still does not like the location of the dumpster. He said it
is actually closer to the road than the building itself. Kritzman said there are a lot
of creative ways to access a dumpster and he doesn't think this dumpster
location is the best. He asked Bell what material was being used for the
dumpster enclosure; Bell replied brick. Kritzman said he would like to see the
dumpster enclosure located on the south side of the building where it is less
visible from the road. Kritzman said his other concern with the orientation of the
building is the views of the parapets that eastbound Five Mile traffic will see. He
said that can be addressed by pulling another leg onto the roof structure or
raising the height of the main parapet area.
5
Brosnan said she is as excited as the petitioner is about this project. She thinks it
is a great fit with the shopping center. She said she thinks whenever trying to put
something out in front of an existing structure there are undoubtedly going to be
some inherent problems. She said she agrees with Kritzman that it is in the City's
best interest that they put their best face forward with regard to this project and
said she welcomes their creativity to address the concerns Kritzman expressed
with the proposed plan.
McCann suggested that the petitioner rotate the dumpster enclosure so that its
opening is due south and move it slightly so that it can be accessed from the side
drive where the drive-thru lane is located. McCann asked through the Chair to
Taormina if this would be feasible. Taormina replied that he thought would work
just fine. McCann asked through the Chair to the petitioner if they would be able
to make that change, Bell said they could do that.
President Toy asked Taormina if the extension to the parapet would obstruct the
vision of the other businesses in the shopping center. Taormina said that he did
not believe it would adversely affect the visibility of the center.
Brosnan offered the approving resolution for the Regular Agenda.
DIRECTION: APPROVING REGULAR
4. WAIVER PETITION: Planning Commission, Petition 2013-09-02-24 submitted
by Joe and Jeri Dorr, Wright's Hardware to conduct open-air sales of
merchandise including the sale and rental of utility trailers (Wright's Hardware)
located on the north side of Five Mile Road between Middlebelt Road and
Harrison Avenue (29150 Five Mile Road) in the Southwest 1/4 of Section 13.
Mark Taormina, Director of Planning and Economic Development presented the
request to Council. This is a waiver use request for open-air sales of
merchandise, including utility trailers, at Wright's Hardware, which is located on
the north side of Five Mile just east of Middlebelt Road. The zoning of the
property is C-2, General Business. The front part of the property contains the
hardware store which is about 4,000 square feet in area. With the exception of a
fenced-in area containing a propane tank refill station, most of the back part of
the lot is unimproved. Open-air sales, display and/or rental of utility trailers and
recreational equipment does require a waiver use under Section 11.03(k) of the
Zoning Ordinance. There are a number of special requirements that apply to this
type of use. First, the entire area shall be hard surfaced where the outdoor sales
and display occurs. There shall be adequate lighting provided, and the display
area shall be enclosed with either a 6 foot cyclone fence or a fence of a type that
is approved by the Planning Commission. Lastly, no utility trailers or recreational
equipment shall be parked or displayed within 20 feet of any public right-of-way.
Certain additional open-air business uses, such as the sale and/or display of
lawn furniture, playground equipment and other home garden supplies also
6
requires a waiver use under Section 11.03 of the ordinance. The requirements
include that the area be enclosed with a fence, and a special requirement applies
to these types of items that are treated as seasonal and can only be conducted
during the months of April through October. Wright's wishes to establish open-air
sales in two phases on the property. Phase 1 would occupy an existing 1,360
square feet fenced-in area which is along the north side of the building. It's an "L"
shaped area located adjacent to the northwest corner of the building. Within this
area they would like to stock four to six utility trailers, pallets of bag sand, gravel,
firewood, mulch, dirt, patio furniture, as well as flowers and plant stands. The
area is enclosed by a six foot high chain-linked fence and the ground surface is
currently cemented. This area would be utilized immediately if approval is
granted. Phase 2 covers most of the rear portion of the property, an area
measuring about 6,660 square feet. They don't have much information to go on
with respect to this area. There are no details on the fencing or where it would be
situated. They would like to store sheds, brick pavers, paving blocks, seasonal
items such a Christmas trees and pumpkins. This area is currently grass and
there is no plan to improve that area. The Planning Commission is
recommending approval of Phase I only at this time, and that is how the
resolution has been prepared.
Joe Dorr, 29495 Gilchrest, Farmington Hills, Michigan 48334, was present to
answer any questions Council may have.
President Toy asked Dorr what types of trailers and how many. Dorr said small
utility trailers probably not more than four (4) would be stored outside. He said
they would also have pallets of seasonal items mulch, stone, and bags of sand.
President Toy asked Dorr if the fenced area is shielded at all; Dorr replied no.
Pastor offered the approving resolution for the Consent Agenda.
Robinson said Council is usually provided with something from the City indicating
the taxes and water bills are paid up to date. Robinson asked if the Clerk would
provide that to Council prior to the voting meeting.
Terry Marecki, City Clerk, indicated that she would pass the request on to the
appropriate office.
Robinson asked that this item be placed on the Regular Agenda.
DIRECTION: APPROVING REGULAR
5. WAIVER PETITION: Planning Commission, Petition 2013-09-02-25 submitted
by OSI Restaurant Partners, L.L.C. to construct and operate a full service
restaurant (Outback Steakhouse) within an outlot on the site of Meijer, located on
the east side of Middlebelt Road between the CSX Railroad right-of-way and
Schoolcraft Road (13000 Middlebelt Road) in the Northwest 1/4 of Section 25.
7
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This is a request to construct a new full service restaurant, an
Outback Steakhouse, within an outlot on the site of Meijer, located on the east
side of Middlebelt between the CSX Railroad and Schoolcraft Road and the 1-96
Expressway. The restaurant will be located on the westerly most out-parcel that
was created when Meijer was developed on this site in 2000. The land area is
roughly two acres. The out-parcel immediately to the east is where the Culver's
restaurant will be developed. They just recently approved Culver's at their last
Planning Commission meeting. Menard's is located directly across the street,
and Costco is located on the north side of Millennium Drive. The Outback
Steakhouse would be a one-story building totaling about 5,633 square feet in
total area. It would have 202 interior seats and 32 patio seats, for a combined
total of 234 seats. The restaurant would be positioned near the center of the
property with parking surrounding the building on all four sides. There is no direct
access to Middlebelt Road. Access to the site would be provided via two new
drive approaches. There is a one way directional drive that would be from the
north off the existing main driveway, Millennium Drive, that extends from
Middlebelt Road into the Millennium Park development. The landscape plan does
not reflect the change to the site plan with the one-way drive. The intention is to
allow for ingress only. This goes back to an earlier plan where they were
proposing two-way directional traffic. The second access would be from the
adjacent Meijer parking lot to the southeast. Outback would require a total of 132
parking spaces based on customer seats as well as the number of employees.
The plan shows a total of 109 parking spaces. Due to the deficiency, a variance
from the Zoning Board of Appeals would be required. Landscaping constitutes
roughly 20 percent of the overall site, which is conforming. There is a
combination of materials being used. The three primary building materials include
stone, cement board siding and E.I.F.S. There are also components including
wood and standing seam metal that would be used for the trim, awnings, and
certain roof components. The light brown or beige color is the stone material that
they propose to use on the exterior of the building. The lighter beige and reddish
color represents the E.I.F.S. material. The area in front of the restaurant or the
outdoor patio area would be enclosed with a wooden material. Green awnings
would be installed over the windows. The green represents the standing seam
along the metal roof that overhangs the outdoor patio area as well as other parts
of the building and other trim materials that are being used. The petitioner has
supplied some photographs of the same restaurant constructed elsewhere that
shows exactly what it would look like. At their study session there was discussion
regarding what type of accent lighting would be used and whether the LED
lighting would be something that would be exposed. It would be done in a very
indirect manner in terms of down-lighting and up-lighting on certain architectural
features of the building. With respect to signage, they would be allowed one wall
sign not to exceed 62 square feet in area based on the frontage of the building.
They are showing three walls signs, one on the west facing Middlebelt Road, one
on the south and one on the north side of the building. Each of these signs is
8
about 65 square feet in area. The aggregate total of the three signs is about 195
square feet so they are going to require variances from the Zoning Board of
Appeals. The signage, along with the parking, is something that will require
Zoning Board of Appeals review and approval. Lastly, with respect to a ground
sign, they are showing a monument sign along the frontage on Middlebelt Road.
What we know at this point is that it would be a completely conforming sign. They
would be entitled to a six foot high ground sign, 30 square feet in total area, and
it would have to be set back 10 feet from the adjacent right-of-way line.
Brosnan asked Taormina if any consideration has been given to allowing access
directly from Middlebelt Road or is that prohibited in some way. Taormina said he
didn't know if that was prohibited it could very well be with their agreement with
Meijer, he deferred that question to the petitioner. He said from the beginning of
their discussions on this site it has always been to have limited access off
Millenium Park Drive and the adjacent parking lot of Meijer.
Elizabeth Abernethy, Site Development Manager, Bloomin Brands, 2202 N. West
shore Boulevard, Tampa, Florida, 33607. She was present with her team, Paul
Bader, Civil Engineer, Tim Moore, Design Project Manager, Mike McCleary,
Managing Partner, and Brent Tran, Joint Venture Partner. Abernethy said when
she first met with staff they suggested using some kind of base material around
the bottom of the building. She said they looked at adding stone. She said when
they met with the Planning Commission they were asked to consider raising the
height of the stone. She said she took those requests back to the design team
and they evaluated that and she said they did want to request that they swap that
base material with a full four-inch brick. She said they found that to be a little
more durable with the climate here in Michigan. She provided revised renderings
to Council. She said another recommendation of the Planning Commission was
to remove one of the wall signs. The new rendering shows only two wall signs.
She said those will be part of their variance request along with the parking
deficiency for the Zoning Board of Appeals.
Laura asked Abernethy about their other location and 5 Mile and Middlebelt,
specifically whether or not it would remain open or if it would be closed down.
She said they would basically be relocating that restaurant to this location. She
said it is a more prominent location and it brings their new design prototype to
Livonia. She said when they relocate a sales increase of about 20% is typical.
Laura asked where the next closest Outback Steak House restaurant is located.
Abernethy said she would let Brent Tran answer that question.
Brent Tran, Outback Steak House, 22941 Middlebelt, Farmington, Michigan, said
the next closest Outback Steak House would be on Ford Road in Canton,
Michigan.
Brosnan asked Taormina if he had heard from the owner of the shopping center
at Middlebelt and Five Mile Roads. Taormina indicated he had not heard from
9
him. Brosnan asked whether or not the landlord is aware he is about to lose their
anchor for their shopping center. Taormina deferred that question to the
representative for Outback Steak House.
Abernethy said yes, they are aware. She said their lease expires in January
2015. Brosnan said well you can't stop progress. She said the Outback Steak
House is an extremely successful restaurant here in Livonia. She said given that
fact, have they considered a curb cut off Middlebelt Road. Brosnan said she is
there nearly every day and the traffic is already backed up turning onto Millenium
Park Drive. Abernethy said it is recommended that they not have a second curb
cut but rather that they utilize the existing access road through the shopping
center. She said they did not consider it and said frankly they did not think they
could get it approved and that this would be a better, more preferred traffic
pattern. Brosnan said it's the only traffic pattern and said that it appears to her
that another access to the shopping center is going to be inevitable. She said it is
a very popular shopping center which is a good thing.
Brosnan asked Abernethy where she expected to accommodate the 25 parking
spaces that they are deficient. Abernethy said there is overflow parking available
adjacent to the parcel if needed. She said they have the opportunity to enter into
a lease agreement for those spaces, if necessary. She said their other option
would have been to reduce that greenbelt along Middlebelt Road which would
have provided an additional 20 to 25 parking spaces; however, they preferred not
to do that along Middlebelt Road, especially considering the amount of overflow
parking available adjacent to the parcel. She said they could always revisit that in
the future if it becomes a problem. Brosnan asked if it was their intent to have
staff park in the overflow spots. Abernethy said yes, if needed.
Tran mentioned that his restaurant will open for lunch at 11:00 a.m. President
Toy asked if they had new menu items. Tran said they do change their menu
every few months.
Kritzman said he doesn't have an issue with the parking. He said often times the
Meijer parking lot is just a sea of empty parking spaces. He said he agrees with
the Planning Commission's recommendations and said he would like to see
some additional masonry and attention to the forgotten sides of the structure. He
said particularly the dumpster enclosure. He suggested they use different
material for the dumpster enclosure, something that will hold up, some kind of
masonry material. He said he was bummed when he heard of their decision to
take away the stone on the building exterior. He asked the petitioner why they
decided to change from the stone material to brick.
Tim Moore, Design Project Manager, he said they have used the brick in other
northern states, like Massachusetts and Pennsylvania and have found the brick
to be durable. They decided to go with the brick on this project also. Kritzman
asked Moore if they could address the lack of attention to the rear of the building
10
on the Meijer side. They said they would be willing to address that side of the
building and enhance it.
President Toy asked the petitioner if there was a patio area. Abernethy said yes
there is. President Toy asked what the hours of operation would be. Tran said
from 11:00 a.m. to 10:00 p.m. during the week and 11:00 a.m. to 11:00 p.m. on
the weekend.
Kritzman offered the approving resolution for the Regular Agenda.
DIRECTION: APPROVING REGULAR
6. WAIVER PETITION: Planning Commission, Petition 2013-09-02-26 submitted
by OSI Restaurant Partners, L.L.C. 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 (Outback Steakhouse) within an outlot on the site of Meijer,
located on the east side of Middlebelt Road between the CSX Railroad right-of-
way and Schoolcraft Road (Outback Steakhouse) in the Northwest 1/4 of Section
25.
Mark Taormina, Director of Planning and Economic Development, said this
request is for a Class C liquor license in connection with the relocation of the
Outback Steakhouse on Middlebelt Road. The Class C license would allow for
the sale of beer, wine and spirits for consumption on the premises. There are a
number of special separation requirements from churches and schools and from
other similarly licensed establishments. The proposed Class C license at this
location does comply with the separation requirement for the churches and
schools; however, there is at least one, and possibly two, other Class C-licensed
businesses within the 1,000 foot separation requirement. This is a requirement
that can be waived by the City Council. The Applebee's restaurant just approved
across the street is about 120 feet from the subject site, and Logan's Roadhouse
is right about 1,000 feet from the subject property. So this provision would have
to be waived by the City Council. We did verify that this is a transfer of the
license from its current location. It is a license that is owned by OSI.
Laura asked the petitioner to confirm that they will not be operating
simultaneously. Abernethy confirmed that was correct. Laura said he was hoping
they would open the new restaurant prior to January 2015.
Laura offered the approving resolution for the Regular Agenda.
Brosnan indicated that she doesn't like the changes that have occurred taking
away authority from the local municipalities with regard to liquor licensing. She
said she has no problem supporting this waiver use but would like the stipulation
added so that it be strictly for this petitioner and that any future license at this
location come back before Council before it's approved.
11
Taormina indicated that this is for a corporate owned license that will be
transferred from one of their other locations to this location.
DIRECTION: APPROVING LAURA
7. WAIVER PETITION: Planning Commission, Petition 2013-09-02-27 submitted
by Dunkin' Donuts to construct and operate a limited service restaurant with
drive-up window facilities (Dunkin' Donuts) located on the southeast corner of
Plymouth Road and Wayne Road (34899 Plymouth Road) in the Northwest 1/4 of
Section 33.
Mark Taormina, Director of Planning and Economic Development, said this is a
request to construct and operate a limited service restaurant with drive-up
window facilities. It is a Dunkin' Donuts, and it is on the site of the former Flower
King located at the southeast corner of Plymouth and Wayne Roads. The
property is roughly 0.63 acres in total area. It is a narrow parcel. It has 78 feet of
frontage along Plymouth Road and a depth of roughly 315 feet on Wayne Road.
It is zoned C-2, General Business. The new building would be roughly 2,800
square feet in total area. The proposed user would be a Dunkin' Donuts but it
would have the ability to co-brand potentially with a Baskin & Robbins. From
Wayne Road, the proposed building setback would be 27 feet. This is an
increase from the current setback. There is a portion of the structure that
protrudes out from the west side of the building that comes to about 2 feet from
the right-of-way of Wayne Road. They are going to push the building back
another 24 feet or so, but that still would require a variance from the Zoning
Board of Appeals by virtue of the amount of work they're doing to the structure
and the fact that it still will not comply with the required setback, which is 60 feet.
The restaurant would have a total of 34 seats including 26 interior seats and 8
outdoor patio seats. The drive-up service would be provided along the east side
of the building, and the traffic lane serving the drive-up window would commence
on the south side of the building and then loop around to the east side. There
would be stacking for about six vehicles in addition to the space at the pick-up
window. A full bypass lane is provided alongside the drive-up traffic lane.
Presently, the site has driveways to both Plymouth and Wayne Roads. They are
proposing to change the configuration of the drive approaches along Plymouth
Road to limit the turning movements to "right in" and "right out" only. Currently
there is an open drive approach so vehicles could technically either take a left or
could maneuver into the site from Plymouth Road taking a left, but this would
restrict the turning to "right in" and "right out" only. Along Wayne Road, two
clearly defined drive approaches would be created using new curbing and
landscaping. Currently, there is just one large approach, and there is no
landscaping within the right-of-way of Wayne Road. What this plan shows is new
approaches that would be curbed and added landscaping between the two. A
one-way drive would be created along the west side of the building that would
allow vehicles entering the site from either Plymouth or the northerly approach on
Wayne to maneuver to the south side of the building without re-entering Wayne
12
Road. The driveway along the west side of the building would allow for one-way
flow only. So vehicles that enter the site from Plymouth Road could then continue
south on this driveway and enter the drive-up on the east side of the building.
Similarly, vehicles that enter from the north approach off Wayne Road could turn
right, come down the driveway and also either park on the south side of the site
or continue in the drive-up lane. Required parking is based on the number of
customer seats, the number of restaurant employees, and the requirement that
there be two additional spaces beyond the drive-up window for waiting patrons.
This requires a total of 23 parking spaces and the plan shows 24 parking spaces.
The landscape plan shows that at least 15% of the site would be landscaped. In
terms of the design of the building, the most recent rendering shows what the
building might look like if approved. Its finished exterior would be dominated with
the use of fiber cement lap siding, and that would also include the lower portions
of the building. We're recommending that consideration be given to using some
kind of masonry material, either brick or stone, along the bottom portion of the
building. You can also see the use of awnings and the trademark color scheme
for the Dunkin' Donuts brand. In terms of signage, they would be permitted two
wall signs: one 45 square feet in area on the north side facing Plymouth Road
and a sign on the west elevation of the building equal to one-half the area of the
main sign, or 22.5 square feet. The site would also be allowed one ground sign,
30 square feet in area and 6 feet in height. Just to go back to the site plan,
Commissioners will recall during the study session we were looking at a
somewhat different plan. Under the original plan, there was a second tenant unit
shown that extended probably about another 15 feet or about 10 or 12 feet closer
to Wayne Road than what this plan shows. So they eliminated the second user
from the design. That has freed them up for some landscaping along this area.
The outdoor patio that I referenced is actually located here. There will be a row of
tables provided along a pedestrian walkway. They've also increased the setback
along the east side where the drive-up operation borders the Burger King parking
lot. There is a little bit of a grade separation there. This allows for a better
transition, something that the PRDA mentioned when they reviewed this plan a
couple weeks ago. Additional changes include a reduction of the depth of the
parking spaces along both the north and south parking areas of the site, also
providing additional landscaping and then, of course, modifications to the exterior
of the building itself. The plan also shows a dumpster located in the southeast
portion of the site.
Christopher Biggers, Foresta Architects, 9030 General Drive, Plymouth, MI
48170 was present to answer any questions Council may have.
Brosnan complimented the Planning Commission and Petitioner for working
together on this proposed plan.
Pastor did express some concerns with the proposed plan. He said it is a very
tight site. He asked Biggers if the franchisee has discussed the possibility of
connecting to the driveway that services the adjacent Burger King restaurant.
13
Biggers said he believes the franchisee didn't have much luck with his attempt to
connect to the driveway servicing Burger King. Biggers said they would like to
see that happen. Pastor informed Biggers that environmental authorizations will
be needed for this site. He said there was a gas station on that corner years ago
and the soil was contaminated. Biggers said they are taking care of that.
Kritzman commended Biggers on the dumpster materials and location on the
plant; however, he expressed some concerns with the proposed plan.
Specifically, he had issues with the materials being utilized on the building
exterior. He said it doesn't give any feeling of permanence to the structure.
McCann suggested they use some type of masonry material or stone as a base
for the entire structure and bring it up to the window height.
Pastor suggested where the band reaches it and between the tower and the
band around the window that they bring the stone all the way up. He said E.I.F.S.
is more his style. He said they are looking for something with a little more pizzazz
to it.
Kritzman said if they want to keep the multi-colored tower with the slat board if
that is more of the signature for their prototype, along with their orange band than
they need to add some stone or masonry material to the structure to give it a
more permanent look.
President Toy asked Biggers what kind of timeline they had in mind. He replied
they would like to break ground early spring and complete the project before
summer. President Toy asked Biggers if the franchisee has ever owned and
operated a Dunkin Donuts before. Biggers said yes, he five (5) other Dunkin
Donuts, including the one located at 7 Mile and Mlddlebelt
Brosnan also expressed some concerns with the proposed plan. She was not
excited about the proposed materials for the exterior of the site and suggested
that they look at alternate materials, preferably masonry or stone.
Robinson asked Biggers if he has a clear understanding of what they are looking
for to approve this proposed plan. After hearing the comments from the Council
tonight, Biggers said he knows that Council's desire is for something more
permanent looking material like stone in place of the cement board. Robinson
said he was able to pull up some other pictures showing a cultured stone
gradient. He said that it looked more desirable than the proposed plan shown
tonight.
Pastor offered the resolution referring the matter to the Committee of the Whole
for its report and recommendation for the Regular Agenda.
14
President Toy asked Biggers when they were looking to get approval by. He
replied December 15t". President Toy said the next voting meeting scheduled is
for December 2, 2013, and asked Biggers if he could get some revised plans to
Council by Wednesday, November 27, 2013 so that they he could be placed on
the Agenda for that meeting. Biggers said sure they could work with that.
McCann offered the approving resolution for the Regular Agenda.
DIRECTION: 1) APPROVING WITH REVISIONS REGULAR
2) REFER TO COMMITTEE
OF THE WHOLE
8. WAIVER PETITION: Planning Commission, Petition 2013-09-02-28 submitted
by HES Builders, L.L.C. to construct a chapel addition with fixed seating to St.
Genevieve-St. Maurice Catholic Church located on the south side of Jamison
Avenue between Middlebelt Road and Harrison Avenue (29015 Jamison
Avenue) in the Northwest 1/4 of Section 24.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This is a request to construct a chapel addition with fixed
seating to St. Genevieve-St. Maurice Catholic Church which is located on the
south side of Jamison Avenue just east of Middlebelt Road. The property is just
under 10 acres in total area. The zoning is R-U-F, Rural Urban Farm. The church
occupies the northwest part of the site with parking on both the east and west
sides of the building. There are also two other structures on the property. There
is a parish school which is located on the east side of the property, and a parish
activity building which is located on the south side of the site. In terms of the
surrounding land uses, Autumnwood of Livonia, a convalescent home, and
Trinity Park apartments, both zoned R- 9, are located to the west. Meadows of
Livonia, which also is an elderly housing complex and zoned R-9, is located to
the east. Across Jamison Avenue are single family homes which are zoned R-1.
Churches do require waiver use approval under the provisions set forth in
Section 5.03(a) of the Zoning Ordinance. Waiver use approval is also needed
whenever a church proposes to increase its capacity by increasing the number of
fixed seats within the sanctuary or place of worship. This proposal is somewhat
of an adjunct chapel addition with seating for approximately 60 persons. So it's
relatively small in the context of the existing sanctuary or chapel area which
seats roughly 1,300 persons. The overall building is about 20,000 square feet,
and the smaller addition would be placed on the north side of the building
adjacent to the church's main entrance. The addition would measure about 1,500
square feet in total size. It would mirror the small congregation area on the south
side of the church. When it's completed, this would increase the overall area to
about 21,830 square feet and it would contain 1,360 seats in total. The required
front yard setback for buildings in an R-U-F zoning district is 50 feet. This
addition would encroach into the front yard setback for a distance of about 16'-8".
At the closest point, the proposed building addition would be about 33'-4" feet
15
from the right-of-way of Jamison Avenue and will require a variance from the
Zoning Board of Appeals if this moves forward. The church is also proposing a
parking lot addition in front of the existing parish activity building of about 26
parking spaces. It would be used mostly for convenience purposes for people
using this particular building. It coincides with the planned interior renovation of
the building. They are going to reconfigure the floor layout to create larger rooms
for the various activities and functions that occur there. Architecturally, the chapel
addition would match the architecture of the existing church which is mostly brick
as well as limestone accent features. They are proposing to add some stained
glass windows on the side facing Jamison Avenue. The Planning Commission is
recommending approval.
Kal Haddad, HES Builders, L.L.C., P.O. Box 703148, Plymouth, Michigan 48170
was present with Father Bogan, Pastor of St. Genevieve-St. Maurice Catholic
Church. Haddad was ready to answer any questions Council may have.
Laura offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
9. SITE PLAN PETITION: Planning Commission, Petition 2013-10-08-10 submitted
by Amanda Wong in connection with a proposal to remodel the exterior of the
commercial center (Middlebelt-Norfolk Plaza) located on the west side of
Middlebelt Road between Eight Mile Road and Norfolk Avenue (20307-20337
Middlebelt Road) in the Northeast 1/4 of Section 2.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This is a request to renovate the exterior of a multi-tenant
retail complex located at the northwest corner of Middlebelt Road and Norfolk
Avenue. This retail development actually consists of two (2) adjoining buildings
on separate parcels of land. The two (2) buildings share access, parking and are
under common ownership. Combined, the gross leasable area of both buildings
totals 10,605 square feet in size, and can be subdivided into seven (7) tenant
spaces. The current zoning is C-1, Local Business. Neither building has been
upgraded for several years. This proposed project would completely upgrade the
exterior of both buildings by providing a unified appearance. The most significant
change involves adding a series of dimensional parapet walls along the top half
of both structures. These vertical wall sections would project above the rooflines
and wrap around the south side (facing Norfolk Ave.) of the building for a short
distance, similar to what currently exists. The entire north elevation of the
northern building would be remodeled similar to the storefronts. The new parapet
walls would vary in height, width and in some cases project or step out from the
buildings. The new dimensional parapet walls would be constructed out of
E.I.F.S. and capped with a decorative cornice. Design elements etched in
sections of the E.I.F.S. would help create character. These flat parapet walls
would provide a nice backdrop for signage. The existing brick masonry sill walls
16
and pilasters of the storefronts would be cleaned up and where needed, the
mortar joints would be tuck-pointed. No other site changes or improvements are
proposed as part of this petition.
Johny Essou, Essou's Construction, 2972 Reese Drive, Sterling Heights, MI
48310 was present to answer any questions Council may have.
McCann expressed some concern with the color renderings of the proposed
renovation.
Kritzman asked about landscaping for the site. Taormina replied that there really
isn't room unless they remove some parking spaces. Taormina added that they
are removing an existing pylon sign and adding a monument ground sign that
has some landscaping around it. They are removing one parking space for the
monument sign. Kritzman asked if the parking was compliant Taormina said he
has not calculated that yet. Taormina said they needs 56 parking spaces to meet
the Ordinance.
McCann said he would like to see some different color options for the building.
President Toy said they may want to consider some standing planters to help
with overall look and make the center a little more inviting
McCann offered both the approving resolution and the resolution referring the
matter to the Committee of the Whole for its report and recommendation for the
Regular Agenda.
DIRECTION: 1) APPROVING WITH REVISIONS REGULAR
2) REFER TO COMMITTEE
OF THE WHOLE
10. SITE PLAN PETITION: Planning Commission, Petition 2013-10-08-11 submitted
by Curis Companies, Inc. in connection with a proposal to construct two multi-
tenant commercial buildings within outlots on the site of the Menards Home
Improvement Store located on the west side of Middlebelt Road between the
CSX Railroad right-of-way and Schoolcraft Road (12701 Middlebelt Road) in the
Northeast 1/4 of Section 26.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This petition would represent the completion of the
development of the out-parcels that were established at the time the Menards
improvement store was approved in May, 2012. The size of this portion of the
out-parcel is just under 2.5 acres. The zoning is C-2, General Business. As you
know, Goodwill was recently approved for development on the site immediately
to the south. A portion of the area will be set aside for stormwater management.
This is a request to construct two multi-tenant commercial buildings. Retail
17
Building #1, which is shown on the left side of the drawing, is on the south half of
the site. It will be one story in height and totals about 12,200 square feet and
could be divided into five separate tenants. It is the larger of the two buildings.
Retail Building #2 is located on the northerly portion of the site. It is about 56 feet
from Retail Building #1. It too is one story in height and totals about 7,000 square
feet and can be divided into three tenant spaces. The plan does illustrate the
potential for a drive-up operation along the south side of Retail Building #1;
however, while we can consider this as part of the site plan this evening, the
actual user and the operation of that drive-up cannot occur until it goes through a
subsequent waiver use approval process. There would not be any direct access
to Middlebelt Road. Access to the site will be provided via three new drive
approaches, one coming in from Menards access drive. This is the road that runs
east and west and connects the Menards site directly to Middlebelt Road. Two
additional drive approaches are proposed from a new drive that will extend along
the west side of the out-parcels between the Menards parking lot and the
planned stormwater detention basin. This driveway continues north and then
connects with Industrial Road and runs along the back of the two other recently
approved developments, which is the Del Taco retail building and Applebee's
stand-alone restaurant. In terms of parking, this would be viewed as a Group
Commercial Center. It is based on the total amount of retail floor space of both
buildings. For general retail, where less than 15 percent of the space is occupied
by restaurants, the parking is computed at a ratio of 1 space for every 150
square feet of useable floor area. However, for this development, it is likely that
more than 15% of the floor area will be devoted to restaurant users. Thus, the
ordinance requires parking at a ratio of 1 space for every 125 square feet of
useable floor area. This results in required parking of 123 spaces. The plan
shows 140 spaces, and so they have a surplus of 17 spaces shown on this plan.
A landscape plan was submitted with the proposal. It shows a variety of plant
materials around the perimeter of the site as well as within the parking lot islands.
In an effort to establish a consistent theme along this developing stretch of
Middlebelt Road, the plans show the same walls and planter elements along the
Middlebelt frontage that was recently approved for the Goodwill, Applebee's and
Del Taco's projects. In terms of the exterior building materials, both buildings are
dominated by brick on the lower portions of the buildings. There is a combination
of cast brick and regular brick. The cast brick is the larger masonry units used at
the bottom part of the building, 2-'/2 feet from the grade. Then the majority of the
sides and rear of buildings would be full face four inch brick. Other design
components include the E.I.F.S. The columns extend upward on the buildings.
There is a decorative cornice. At the Planning Commission study session, it was
suggested that the petitioner relocate the dumpster further away from the
driveway. Each tenant would be allowed one wall sign not to exceed 1 square
foot for each 1 lineal foot of the unit frontage. Only conforming signage be
approved with this petition; that would include a monument sign. They would be
entitled to an 8 foot high sign in front of the development, not to exceed 40
square feet in area. They are showing dimensions a little bit larger than this but
18
we don't see any problem with them making the changes so that the signage is
fully conforming to the Zoning Ordinance.
McCann said when looking at the dumpster location he sees his concern, and
thinks it would be better to relocate it to the south. McCann asked Taormina if
Menards has taken over stormwater management for this entire site. Taormina
said he thinks some portions of it may be separate from Menards.
Todd Zilincik, City Engineer, responded through the Chair, by stating that the
Engineering Division is working with a group to facilitate the regional detention
pond for the entire site.
McCann asked Taormina with regard to signage what was being permitted. He
said he assumes one monument signs with all the tenants and then each
individual tenant would be permitted their own wall sign. Taormina said that was
correct.
President Toy asked Zilincik how deep the pond was. Zilincik said he thought
about 6 feet but said he would have to check the plans and get back to Council
with a definite answer.
Bryan Amann, 1777 Stonebridge Way, Canton, Michigan 48188 was present
along with Michael Curis of Curis Companies, John Vitale, project architect, and
Gary David, project engineer. Amann provided some updated plans showing the
dumpster relocation. Kritzman did not like the relocation of the dumpster and said
it makes it more visible.
Kritzman asked what type of material would be used for the base of the building.
Amann said he would defer that question to the architect, John Vitale.
John Vitale, Stuckey and Vitale Architects, 27172 Woodward Avenue, Royal
Oak, Michigan. He said it is a large scale brick masonry material and it has a
stone like appearance. He had a sample board that he passed around to Council
for their review. Kritzman said he is trying to avoid approving any split face
concrete block from being used on buildings with such a high profile. He said his
impression of the drawings is they are getting a very similar material. He said he
would like to see a lot more masonry used for this project. He said he would also
like to see a finish material used on the back side of the parapets. Vitale said that
is something they can do.
Brosnan asked what kind of tenants might be looking to locate in this space.
Amann said they don't have any at this point. Brosnan asked if they were close to
signing any tenants.
Michael Curis, Curis Companies, 1260 Library, Detroit, Michigan, replied yes
they are close.
19
Kritzman inquired if his potential tenant would have a certain prototype store look
that they would want to implement and would the elevation of the building
change. Curis said he doesn't foresee any issue with the elevation, he said
perhaps outdoor seating is something that would have to be discussed in the
future. Kritzman said after looking at the samples and the plans he said that he
feels the appearance will be that of nothing more than painted concrete block. He
said there is not a lot of texture to the material. He expects them to raise the bar
on this one.
McCann said if they could give the Council some locations of buildings that have
been recently built and used this type of product for them to look at up close and
see a finished look they would appreciate that. He said he would like to see the
dumpster relocated still.
McCann offered both the approving resolution and the resolution referring the
matter to the Committee of the Whole for its report and recommendation for the
Regular Agenda.
DIRECTION: 1) APPROVING WITH REVISIONS REGULAR
2) REFER TO COMMITTEE
OF THE WHOLE
11. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS
AMENDED: Department of Law, re: to add new Section 060 to Title 9, Chapter
04 (Obstructing Officers and City Business), in order to make it a prosecutable
offense to knowingly provide false information on official documents presented to
the city in furtherance of official City business.
Don Knapp, City Attorney, has provided Council for its review and approval a
proposed new section to Title 9, Chapter 4 of the Livonia Code of Ordinances
("Code"), which identifies various offenses that obstruct the performance of City
business. Specifically, the proposed new section makes it a prosecutable offense
to knowingly provide false information on official documents presented to the city
in furtherance of official City business. Often times, the only penalty for
submitting a false document to the City is a loss of the benefit or service which
the presenter sought to obtain. An easy example, although not necessarily
applicable in Livonia, would be the presentation to the Assessor's Office of a
Principal Residence Exemption ("PRE") application for a residential structure that
was not used as a principal residence. The only practical consequence extended
to the property owner applying for the PRE with knowingly false information is
denial of the application or the loss of the exemption if it had been granted. The
absence of any penalty, creates a "no harm in asking" atmosphere. However,
knowingly presenting the City with false information needlessly adds to the
burdens of City administration, adds layers of complexity for otherwise ministerial
tasks and creates more work once the false nature of the documentation comes
20
to light. This detracts from the available resources to provide government
services to honest citizens who do not employ the "no harm in asking" approach.
Providing a local consequence for presenting knowingly false information will be
a much more effective determent to individuals who would seek a benefit by
providing false information. The proposed ordinance will not harm those who
unsuccessfully apply for some government service, benefit or program who are
denied merely because they are ineligible. This ordinance targets only those who
supply knowingly false information. Adopting the proposed ordinance will create
a measure of local control and create more meaningful deterrence.
President Toy asked Knapp if any other cities have an ordinance similar to this
one. Knapp said he was not aware of any but he would have to check and report
to Council for a more definitive answer.
McCann said he too would like to know if any other municipalities and the state
have an ordinance such as this one. He said too that word knowingly is vital in
this ordinance given the fact that sometimes paperwork is inadvertently
incomplete due to no fault of the property owner. Knapp said that there would
have to be evidence that it was supplied knowingly false.
McCann offered the first reading for the Regular Agenda.
DIRECTION: FIRST READING REGULAR
12. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS
AMENDED: Department of Law, re: to Section 010 of Title 9, Chapter 40
(Disorderly Persons), in order to replace the overly broad unconstitutional
language regarding begging in a public place with language that is intended to
prevent behavior considered to be assaultive, fraudulent, and invasive.
Don Knapp, City Attorney, said Recently, the U.S. Court of Appeals, Sixth Circuit
("Court"), in Speet v. Schuette, 726 F.3d 867 (2013) struck down as facially
invalid, Michigan's anti-begging statute. The statute [MCL 750.167(1)(h)]
provides that a person is a disorderly person if the person is, "found begging in a
public place." A person found guilty of this law can be punished by up to ninety
(90) days in jail, a fine of up to $500 or both. [MCL 750.168(1)] In particular, the
Court held that "begging is form of solicitation that the First Amendment
protects." While the Court acknowledged that the Legislature can regulate
begging to prevent other illicit behavior such assault, fraud, and trespass, it found
the Michigan statute to be overly broad in that it prohibited all begging. Because
the City of Livonia's ("City") Code of Ordinances ("Code") defines a disorderly
person, among other things, as "any person found begging in a public place", it is
also unconstitutional. Therefore, attached for your review and consideration is a
proposed amendment to the Code which repeals the overly broad
unconstitutional language and replaces it with a narrowly tailored ordinance that
does not criminalize all begging. Instead, the suggested changes are intended to
21
prevent behavior considered to assaultive, fraudulent, and invasive. While it is
difficult to recall the last occasion that this portion of the ordinance was enforced,
because it is conceivable that this type of prohibited conduct could occur at the
Livonia Spree festivities or at the Highland Games, the Code should be amended
so that it is enforceable.
McCann offered the first reading for the Regular Agenda.
DIRECTION: FIRST READING REGULAR
AUDIENCE COMMUNICATION: None.
President Toy reminded everyone the Inauguration of the new Councilmembers will
take place on December 12, 2013 at 7:00 p.m.
As there were no further questions or comments, President Toy adjourned the Study
Session at 10:18 p.m. on Monday, November 18, 2013.
DATED: November 26, 2013 TERRY A. MARECKI
CITY CLERK