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HomeMy WebLinkAboutPLANNING MINUTES 2016-05-10 MINUTES OF THE 1,087TH PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 10, 2016, the City Planning Commission of the City of Livonia held its 1,087th Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman Pro Tern, called the meeting to order at 7:00 p.m. Members present: Sam Caramagno Glen Long Betsy McCue Carol A. Smiley Gerald Taylor Peter Ventura Ian Wilshaw Members absent: None Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Acting Chairman Wilshaw informed the audience that if a petition on tonight's 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 and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has 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 filing. 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. I do want to make one comment before getting into our agenda. We do have a new commissioner on board with us for the first time today, Sam Caramagno. We welcome you to the Planning Commission. You have a long history with the Zoning Board of Appeals so I'm sure that experience will be very helpful to us as well. One other note on the agenda for Item #2, Panera Bread, we have received a letter from the petitioner requesting that the item be tabled. May 10, 2016 27567 ITEM #1 PETITION 2016-04-02-06 O'MALLEY'S BAR Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2016-04- 02-06 submitted by O'Malley's Bar & Grill requesting waiver use approval pursuant to Sections 18.47 and 19.06 of the City of Livonia Zoning Ordinance #543, as amended, to expand the existing food service operation and Class C Liquor License of the restaurant to include an outdoor dining patio at 15231 Farmington Road, located on the west side of Farmington Road between Lyndon Avenue and Five Mile Road in the Northeast 1/4 of Section 21. Mr. Taormina: O'Malley's is located at the southwest corner of Five Mile and Farmington Roads. It's located on "L"-shaped property approximately 0.89 of an acre in size. The site is zoned C-2, General Business. Located on the property are two buildings. There is a two-story building which is referred to as the Mark E Building. The first floor contains O'Malley's as well as Neon Village Cleaners. It's used primarily for retail and commercial uses on the lower level while the upper floor is used primarily for office space. The second building on the property is one-story in height and contains a recent tenant, Rock City music store. To the west and surrounding area is the Livonia Shopping Center, which is classified as a group-commercial center. It totals about 36,000 square feet in total area. To the north is a smaller retail building, the Soave Building, which is occupied by a travel agent as well as a barber shop. It's also zoned C-2, General Business. To the south is David's New York Deli as well a multi-tenant office building, all of which are zoned C-2, General Business. This proposal would add an outdoor dining patio to the northwest corner of the building. The patio would displace about three parking spaces that are located adjacent to the building just west of the restaurant's main entrance. The patio measures 21 feet by 25 feet, or about 525 square feet in area. The seating arrangement would include tables and chairs with the capacity to accommodate approximately 24 patrons. The biggest issue with respect to this petition is the parking. Because the patio area would result in the loss of three parking spaces, we have to take a look at whether or not it complies with the ordinance standards in terms of required parking. To do this, we have to look at all of the surrounding uses. There is a shared parking arrangement between all of the buildings in this general area, including the Mark E Building, the Soave Building as well as the shopping center. The Mark E Building requires 94 parking spaces by code, 59 spaces for just O'Malley's. The dry cleaners requires another 13 spaces and then an additional 22 spaces for the office space use in the upper floor. The music store requires 32 parking May 10, 2016 27568 spaces. The shopping center, based on its square footage, technically requires 194 spaces, and then lastly, the smaller retail building, the Soave Building, requires 9 spaces. When you add all these up, the requirement is for a total of 329 parking spaces. Currently, the site contains 270 parking spaces. They are already operating under a deficiency. While that may not be a problem from a practical standpoint, the fact that there's going to be a slight reduction in the number of spaces by three, and unless they can recoup those spaces elsewhere on the site, will require approval by the Zoning Board of Appeals. The patio would be enclosed by a decorative metal fence. Stone-clad masonry piers will be located at the corners and midway along the railing. The plan shows a retractable fabric awning that would be mounted to the side of the building. The petitioner would like to have the option of installing the awning, but more than likely, at least initially, he would provide umbrellas over the tables. Whether the awning gets installed will depend on the petitioner. Access to the patio from the restaurant would be provided by means of a new door that would be installed along the west wall within a portion of the restaurant currently used for dining. One of the requirements is that access to the patio has to be provided from within the restaurant. In order to accomplish that, the petitioner will have to add a door from the current dining area out directly to the patio. For additional protection, he is providing steel bollards that will be strategically placed in order to provide additional protection along the perimeter of the patio. It is somewhat exposed in the parking lot area, but the traffic is pretty slow at these points, and as you turn left, it is one way parking so there is sufficient room still for vehicles to maneuver in this area. One last item, there is an existing sanitary sewer easement that bisects the area where the patio is proposed. The sewer lines run about midway through the patio. Because of that, the pier will have to be modified with a shorter type footing or no footing at all. There are ways that this can be accomplished, and the petitioner has already discussed this with both the City Engineering Division as well as the Inspection Department. What that would do is lessen the amount of structure that would have to be removed in the event that the City has to go in there and either repair or maintain the sewer. But one of the additional items that will be required is that the petitioner hold the city harmless should any needed repairs to that sewer cause damage to the patio. He is aware of this and he is in full agreement to that. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. May 10, 2016 27569 Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated April 18, 2016, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. The legal description provided with the petition appears to be correct and is acceptable to this office. The existing parcel is assigned an address of 15225 Farmington Road with a range of 15223 to 15231 Farmington Road for the individual units within the building. The submitted drawings indicate that project will consist of adding a patio for outdoor seating on the west end of the exterior of the building. Currently there is an existing 12 inch diameter sanitary sewer that runs along the west side of the building where the proposed patio is to be placed. Current standards do not allow for the placement of buildings or any structures requiring foundations over sewers and easements, and therefore we are unable to approve the project as submitted. Should the owner wish to proceed, they would be required to relocate the sanitary sewer out of the influence of the proposed patio (which will require permits through this department) or find an alternate design that does not place the patio within the influence of the sewer or easements." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated April 26, 2016, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to expand the existing food service operation and Class C liquor license of the restaurant to include an outdoor dining patio on property located at the above-referenced address. We have no objections to this proposal with the following stipulations. Our recommendation for revision to the patio drawing: (1) Remove the gate on the west side of the patio. Leave the other two in place. (2) Place five bollards on the west side of the patio instead of three. Due to the fact that this direction faces the parking lot, it would fully protect this portion of the patio from potential damage from vehicles. Planters may still be placed near or between these bollards."The letter is signed by Daniel Lee, Fire Marshal. The third letter is from the Division of Police, dated April 27, 2016, which reads as follows: "I have reviewed the plans in connection with the petition. I have no objections to the proposal."The letter is signed by Brian Leigh, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated May 5, 2016, which reads as follows: "Pursuant to your request, the above-referenced petition has been reviewed. The gate shown on the west side of the patio shows that it may be blocked by the proposed potted arborvitae. This will need to be addressed if the project moves forward. This Department has no further objections to this petition."The letter is signed by Jerome Hanna, Assistant Director of Inspection. Mr. May 10, 2016 27570 Chairman, I'll just point out that notwithstanding the remarks by the Engineering Division in their letter, there was a subsequent meeting between the petitioner and the City Engineer. I was not present at the meeting, but I've talked to the Engineer as well as the petition about this and apparently they have resolved that issue by eliminating the footings on the piers that are located within the direct influence of the sanitary sewer. Mr. Wilshaw: Okay. Thank you. Are there any questions of the Planning Director? Seeing none, if the petitioner would come forward and state your name and address for the record please. Frank Grisa, O'Malley's Bar and Grill, 34175 Oakdale, Livonia, Michigan 48154. Mr. Wilshaw: Thank you, Mr. Grisa. Would you like to add anything from what you've heard so far? Mr. Grisa: No. We're happy to hear the responses from the different departments and we're happy to cooperate with all of them and make sure we have something that works well for everybody. Mr. Wilshaw: Okay. Thank you. Are there any questions from the Commission for Mr. Grisa? Mr. Taylor: I talked to the owner and he has agreed to put up umbrellas. I think that is a better idea than trying to put up that long awning. Are you still planning on doing that? Mr. Grisa: I agree with you especially after I got my price from Marygrove Awning. I think umbrellas would be fantastic. Mr. Taylor: That's all I have. Thank you. Mr. Wilshaw: Is there anyone else? Mr. Ventura: Mr. Grisa, I thought I understood that there would be no music on this deck during your hours of operation. Is that correct? Mr. Grisa: Right. We don't plan any. Mr. Ventura: No music. Is that correct? Mr. Grisa: Correct. Mr. Ventura: Thank you. May 10, 2016 27571 Ms. Smiley What are your hours of operation? Are you mostly an evening restaurant or are you day and evening? Mr. Grisa: Day and evening. We open up at 11:00 every day for lunch. Ms. Smiley Your heavier clientele would be at what time of day? Mr. Grisa: Probably dinner time, 7:00 p.m. to 9:00 p.m. Ms. Smiley: During that time, the travel agency would probably be closed. Mr. Grisa: I'm certain. Ms. Smiley: What time does the cleaners close? Mr. Grisa: The cleaners closes at 7:00 and Stan's closes at 9:00. Ms. Smiley What are your hours of operation? Mr. Grisa: We're open until midnight through the week. On Friday and Saturday, we're open until 2:00 a.m. Ms. Smiley: Thank you. When I looked at your drawing and saw your retractable awning, that was going to be one of my questions too. I think the umbrellas will work well for you. Mr. Grisa: It was a good idea on paper. Ms. Smiley: Thank you. Mr. Taylor: Just a bit of advertising for O'Malley's. I went to lunch there last week. It's the first time I've been in since they remodeled. It's really nice inside. It's got acoustical tile. We used to go down to the Dirty Dog Café to listen to jazz. He said, well, I have the same people here. So I don't have to go to Grosse Pointe any more to listen to jazz. I certainly will visit them on Thursday nights when they have jazz. Mr. Grisa: Thank you. Mr. Wilshaw: Certainly, Mr. Grisa, you have definitely made significant investments in your property in recent years. That is appreciated by the community. If there are no other questions from the Commission, is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, Mr. Taormina, did you have any comments? Ma'am, can you please come forward? May 10, 2016 27572 Sandra Maniac, 15215 Farmington Road, Livonia, Michigan. That's the business that I own, David's Deli. I have a question as far as the sewer. Is that tied into us at all or is it strictly like the one that's just on their own property? Then also, how far south along their building is the patio going to come to? Is it before that business door? Mr. Wilshaw: Please speak to us. Ms. Maniac: There is a door that goes upstairs to the offices that are up there. Is this patio ending north of that? It's not going to cross over to where the back of my business is, is it? I'm not really sure how far south . . . Mr. Wilshaw: No. I don't believe so but we will have Mr. Taormina highlight those items for you on this map. Mr. Taormina: Referring to this aerial photography, your business is located right here. The patio is essentially going right here. Your first question, does the sanitary sewer serve New York Deli, I think it probably does service your business either at the back of the store or across Farmington Road; however, the impact in terms of would it encroach beyond the building directly west of yours, the answer is no. The patio would pretty much be limited to the northwest corner of the building. Those three parking spaces closest to the building would be removed in order to construct the patio. Ms. Maniac: And there's like a door on the back of their building. So it's essentially north of that? Mr. Taormina: There are actually two doors. Ms. Maniac: I'm talking about the furthest south one. Mr. Taormina: There is a door right here and they're going to be adding a door right here to access the patio. Ms. Maniac: Okay. So it doesn't go further south that the first door you pointed out? Mr. Taormina: That is correct. Ms. Maniac: That is what I was concerned with. Mr. Taormina: No. That first door will not be enclosed by the patio. Is that correct, Frank? May 10, 2016 27573 Ms. Maniac: The sewer will not cross over to my property as far as the work that would have to be done or whatever they would have to modify? Mr. Taormina: No. There is no work proposed on the sewer. It's just in the event that the City ever has to access the sewer, Mr. Grisa will have to make the necessary arrangements with the City in order to repair that sewer. Mr. Wilshaw: The sewer line would be underneath the patio. If for some reason it had to be dug up, the patio itself would be modified or perhaps partially wiped out in the process of that. Mr. Grisa is aware of that and knows that if that happens, the cost of repairing it would be at his expense. Ms. Maniac: Including any impact it could have on me. Mr. Wilshaw: The only impact would be on the patio itself if they were having to dig up the parking lot. Ms. Maniac: I just don't know how things are tied in under there sewer-wise. Mr. Wilshaw: Are there any other questions you have? Ms. Maniac: No, sir. Mr. Wilshaw: Thank you so much for coming. Are there any other questions from the audience or the Commission? If not, a motion is in order. On a motion by McCue, seconded by Taylor, and unanimously adopted, it was #05-35-2016 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 10, 2016, on Petition 2016-04-02-06 submitted by O'Malley's Bar & Grill requesting waiver use approval pursuant to Sections 18.47 and 19.06 of the City of Livonia Zoning Ordinance #543, as amended, to expand the existing food service operation and Class C Liquor License of the restaurant to include an outdoor dining patio at 15231 Farmington Road, located on the west side of Farmington Road between Lyndon Avenue and Five Mile Road in the Northeast 1/4 of Section 21, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2016-04-02-06 be approved subject to the following conditions: May 10, 2016 27574 1. That the plans submitted by O'Malley's Bar & Grill, as received by the Planning Commission on April 20, 2016, are hereby approved and shall be adhered to; 2. That the petitioner shall work with the City of Livonia Inspection and Engineering Departments in the final design and location of the piers so as to minimize encroachment into the sanitary sewer easement; 3. That the issues as outlined in the correspondence dated April 26, 2016 from the Livonia Fire and Rescue Division shall be resolved to the satisfaction of the Inspection Department and/or Engineering Department; 4. That the petitioner agrees to hold the City harmless should any needed repairs to the sanitary sewer cause damage to the patio; 5. That the number of outdoor patio seats shall not exceed a total of twenty-four (24) seats; 6. That unless approved by the proper local authority, any type of exterior advertising on the patio, such as promotional flags, streamers or umbrellas designed to attract the attention of passing motorists, shall be prohibited; 7. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto; 8. That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property(s)would share parking and access, be supplied to the City; 9. That there shall be no outdoor speakers or sound equipment, including televisions, allowed at any time; 10. That no advertising shall be permitted on any of the seating or table apparatus of the outdoor patio area; 11. That all light fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways; May 10, 2016 27575 12. That the Planning and Inspection Departments shall approve the location, size and type of potted plant materials placed along the outside edge of the patio; 13. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 14. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; and 15. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; and 2. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw: Is there any discussion? Ms. Smiley Does that apply to St. Patrick's Day? You have a tent for St. Patrick's Day, don't you? Mr. Grisa: Typically, we apply for a special waiver. Mr. Taormina: Mr. Chair, if I can answer that. He secures a noise waiver from the City Council for those special events. That would be the exception that is determined by Council. Ms. Smiley: Absolutely. Thank you. Mr. Wilshaw: Mr. Taormina, just one quick question. Do we need to incorporate the Fire Department's concerns regarding the number of bollards and the gates? May 10, 2016 27576 Mr. Taormina: Only if you agree. Mr. Wilshaw: If the maker of the motion would be willing to entertain adding a clause that the Fire Department letter . . . Ms. McCue: To go from three to five bollards? Mr. Wilshaw: Yes. Ms. McCue: I would agree. Mr. Wilshaw: And the second? Mr. Taylor: Yes. Mr. Wilshaw: We will add that to the motion. Mr. Wilshaw, Acting 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 2016-04-02-07 PANERA BREAD Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2016-04- 02-07 submitted by Laurel Park Retail Properties, L.L.C. requesting waiver use approval pursuant to Section 11.03(c)(1) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a freestanding full service restaurant with drive-up window facilities (Panera Bread) within the parking lot of the Laurel Park Place shopping center at 37700 Six Mile Road, located on the north side of Six Mile Road between Newburgh Road and the 1-275/96 Expressway in the Southeast 1/4 of Section 7. Mr. Wilshaw: Mr. Taormina, I know we have a letter from the petitioner asking to have this item tabled. Would you like to give any background information? Mr. Taormina: Mr. Chair, if you don't mind, I'll just reference the letter. The letter is dated May 3, 2016, from John Dell'Isola who is the Senior Project Manager from PEA representing the petitioner, Panera Bread. He is recommending that the item be tabled to the May 24th meeting due to the extent of changes that apparently they are going to consider and additional information they want to provide to the Planning Commission as was requested at the study meeting. May 10, 2016 27577 Mr. Wilshaw: Are there any questions for Mr. Taormina? Mr. Taylor: I just have a comment. The Planning Commission at a study session a week before we normally have this voting meeting, and I think the petitioner got the sense that this Planning Commission was not going to approve the type of building that they wanted to put in that particular area. It just didn't fit in Livonia. I'm sure when it comes to the Council, they would have taken care of it also. But obviously, he got the message and he's going to come back. just wanted to make that comment. Thank you. Mr. Wilshaw: Thank you, Mr. Taylor. With that, if there are no other comments, a motion would be in order. On a motion by Taylor, seconded by Smiley, and unanimously adopted, it was #05-36-2016 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 10, 2016, on Petition 2016-04-02-07 submitted by Laurel Park Retail Properties, L.L.C. requesting waiver use approval pursuant to Section 11.03(c)(1) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a freestanding full service restaurant with drive-up window facilities (Panera Bread) within the parking lot of the Laurel Park Place shopping center at 37700 Six Mile Road, located on the north side of Six Mile Road between Newburgh Road and the 1-275/96 Expressway in the Southeast 1/4 of Section 7, the Planning Commission does here table this item until the May 24, 2016, meeting. Mr. Wilshaw, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #3 PETITION 2015-07-03-01 SALAZAR VACATING Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2015-07- 03-01 submitted by Ignacio and Jacklyn Salazar, pursuant to Section 12.08 of the Livonia Code of Ordinances of the City of Livonia, as amended, to determine whether or not to vacate part of an existing utility easement at 37190 Weymouth Drive, located on the north side of Weymouth Drive between Levan Road and Newburgh Road in the Northwest 1/4 of Section 8. Mr. Wilshaw: Pending items are items that have been discussed at length at prior meetings. Therefore, there is only limited discussion tonight. May 10, 2016 27578 Audience participation does require unanimous consent from the Commission. Mr. Taormina can present this item for us. Mr. Taormina: Thank you. I'll provide a brief background on this item since we have some new Commissioners that have not yet seen this. The property is located on the north side of Weymouth Drive between Levan and Newburgh. It is residential property measuring roughly 90 feet by 130 feet, so it is a standard R-4 zoned lot that contains an existing house with an attached garage. The petitioners are requesting that a portion of an existing utility easement that runs along the rear of their property be vacated to allow for the construction of an in-ground swimming pool. Due to certain limitations in the design of the pool, some of the easement will have be eliminated in order to accommodate the construction. The width of the easement on the petitioner's lot is 12 feet; whereas the easement that is located on the other side of the shared lot line within the neighbor's lot measures 10 feet. It provides for a total of 22 feet of easement. There is a storm sewer located within the easement, but it is on the far side of the easement on the neighbor's property. We have a letter dated September 24 from DTE that objects to any abandonment or discontinuance of the easement due to the existence of a buried high-voltage electrical line in relatively close proximity to the area requested to be vacated. However, it does not appear that the power lines would be affected. Because of DTE's objection, the petitioners worked with their pool contractor to make some slight modifications. They are requesting instead of vacating 5 feet of that easement that only 2 feet of the easement be vacated, thus making the width of the easement on the south side equal to that on the north side. We have additional correspondence from the Engineering Division that I would like to read out relative to this because the petitioner worked with David Lear in our Engineering Division to look at how to make these adjustments so that, hopefully, the Planning Commission and the City Council will find this acceptable. Mr. Wilshaw: Please do, Mr. Taormina. Mr. Taormina: The email correspondence from Mr. Lear to myself, dated April 21, 2016, reads as follows: "As we had stated in our planning petition response of September 18, 2015, we have no opposition to the vacation of up to five feet of the existing 12 foot wide easement at the rear of the above-referenced property. There is an existing storm sewer that runs through the easement, but it is located on the north side of the rear property line so vacating a portion of the southern half of the easement should not create issues as far as maintenance of the storm sewer. The original May 10, 2016 27579 subdivision plans indicated the rear yard easements were intended to be a total of 20 feet wide but when the plats were recorded, the easements ended up being 12 feet wide on the southern property and 10 feet wide on the northern property. There should be no issues with vacating the two southern feet that were added in during the planning process, or as we have stated before an additional 3 feet up to a total of 5 feet. If you have any additional questions, feel free to contact Mr. Lear." Mr. Wilshaw: Was there any other correspondence? Mr. Taormina: That is it. Mr. Wilshaw: Are there any questions of Mr. Taormina? Ms. Smiley: Mark, I just want to make sure. You said that DTE is opposed to it but our Engineer looked and there is no power lines at all in the way of vacating this? Mr. Taormina: To my knowledge, neither our Engineering Division nor DTE has identified the precise location of the buried electrical lines. The information that our Engineering Division has relative to that would suggest that the line is further off the boundary of the easement, which is the area that is proposed to be vacated. Before any construction can take place, they will have to go through and mark any electrical lines to make sure there's no interference. But according to that information, there should not be any interference within the first two feet of the easement. DTE is going to object in this instance because they want to protect the easement to the fullest extent, but in the end, it's still the Planning Commission's and the City Council's determination based on the information that we have as to whether or not to vacate a portion of the easement. Ms. Smiley: Thank you. Mr. Wilshaw: Are there any other questions? Hearing none, typically there is no audience communication on pending items. Is there anybody in the audience for this item? Jacklyn Salazar, 37190 Weymouth, Livonia, Michigan 48152. Good evening. Thank you. I am the petitioner. I really don't have anything to add to that. We did amend it. Originally, we had requested five feet and have amended it two feet to try and make the entire situation work. So we're asking for your approval based on that. May 10, 2016 27580 Mr. Wilshaw: Thank you, Mrs. Salazar. We're glad that you're here tonight and this has been a long road for you to get this approval. Ms. Salazar: It will be worth it. I'll invite you all over. Mr. Wilshaw: Are there any questions of Mrs. Salazar? Ms. Smiley: Do you have a fence around your whole yard? Ms. Salazar: No, but it is required that we put one up once it's installed because there are open yards, and if you have a pool, it's my understanding that we would have to construct one. Ms. Smiley: And that would be within that two feet that's vacated, or where would the fence go? Ms. Salazar: We have to determine whether we would put it around the pool itself or around the entire yard. If we put it around the entire yard, it would be the perimeter. I think the intent of this is not to have any structure covering the easement. This would border the easement. Ms. Smiley: Thank you. Ms. Salazar: Thank you. Mr. Wilshaw: A motion would be in order. On a motion by Long, seconded by Taylor, and unanimously adopted, it was #05-37-2016 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 10, 2015, on Petition 2015-07-03-01 submitted by Ignacio and Jacklyn Salazar, pursuant to Section 12.08 of the Livonia Code of Ordinances of the City of Livonia, as amended, to determine whether or not to vacate part of an existing utility easement at 37190 Weymouth Drive, located on the north side of Weymouth Drive between Levan Road and Newburgh Road in the Northwest 1/4 of Section 8, the Planning Commission does hereby recommend to the City Council that Petition 2015-07-03-01 be approved for the following reasons: 1. That the Engineering Division has no objections to the vacating of the specified portion of the subject easement; May 10, 2016 27581 2. That the remaining easement area will adequately provide for protection and maintenance of existing public utility equipment; and 3. That the portion of the easement area proposed to be vacated can be more advantageously utilized by the property owner if unencumbered by the easement. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinance, as amended. Mr. Wilshaw, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 APPROVAL OF MINUTES 1,086TH Public Hearings and Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,086th Public Hearings and Regular Meeting held on April 19, 2016. On a motion by Ventura, seconded by McCue, and adopted, it was #05-38-2016 RESOLVED, that the Minutes of 1,086th Public Hearings and Regular Meeting held by the Planning Commission on April 19, 2016, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Long, McCue, Taylor, Ventura, Smiley NAYS: None ABSENT: None ABSTAIN: Caramagno, Wilshaw Mr. Wilshaw, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Wilshaw: That takes us to the end of our printed agenda. However, this is a special meeting. We've had a couple of these lately. This meeting is special because not only did we introduce a new Commissioner to you at the beginning of this meeting, but at the end of the meeting, we're going to see the retirement of one of our long time Commissioners, Joe Taylor. Joe has served with May 10, 2016 27582 the City on the City Council, the Planning Commission and a number of other capacities for many, many years. I took a look back at the records and Joe was elected to the City Council in 1978 and served until 1997. He had a small gap in service and then served again from 2002 to 2007 as Council President and a number of other roles. He then came to the Planning Commission in March, 2009, and has been with us since then. Certainly 38 years of service with the City Council and Planning Commission is appreciated. We have a number of people in the audience, dignitaries, our Council President and former Council presidents, former Planning Commissioners and Council members. It's a very nice group of people that are here tonight to see Mr. Taylor off. I'll entertain any comments from anybody in the audience who would like to speak about Mr. Taylor's retirement and his service to our community. Brian Meakin, Council Member. Thank you, Mr. Chairman. I had the privilege of serving as Joe's Vice President 12 years ago. It seems like an eternity it's been so long, but I really learned a lot serving under Joe. There was a running joke. They called me the Maytag repairman. I was always sitting by the phone waiting for the phone call that Joe was going to miss a meeting, but it never happened. In two years as Joe's Vice President, he never missed a meeting and I was sitting there waiting for a chance to chair a meeting one day but it never occurred. I certainly learned a lot working with Joe Taylor. It's going to be a sad day not seeing you at this table, Joe. I can't tell you how much we're going to miss you being on Council. You and Wanda have become friends to Connie and I. We look forward to Spree. I know you'll spend a lot of time with that organization. It will be another humdinger for you this year, so we're looking forward to that. I just want to wish you the best of luck in your retirement. You're still on the Brownfield Authority? Mr. Taylor: Brownfield, Yes. Mr. Meakin: There's still a commission that he is on, so you've still got a few more good years left in you. Thank you very much for all your service, Joe. We greatly appreciate it. Mr. Taylor: I appreciate all the good words. It was great serving with you, and you always did your homework. That's part of the job when you're on the Council or on any Board to do your homework. I always felt that I did that. I enjoyed serving the City for some 40 years, eight years on the Zoning Board also. It's a pleasure and I have a heavy heart leaving. I can tell you that right now. I appreciate May 10, 2016 27583 your words of wisdom. I tried to mentor you as best as I could as an older Council person and I mean older. Thank you very much. Mr. Meakin: Thank you so much, Joe. Kathleen McIntyre, Council President. Joe, your service to the City has just been incredible. Early on when I had my parents at one of my events or someone's events, it was the cutest thing because I grew up in Livonia. You were like a celebrity. My mom whispered to me, she goes, it that Joe Taylor over there? It was just a recognition of how long you've served the City, how well known you are and how well liked you are. The reason you're so well liked is because of the way that you've served. You talked about always doing your homework, but it's the integrity and the kindness and always looking for opportunities to help the next person coming up and serving the City. Certainly I benefited from your mentorship. Your mentorship has been as invaluable as your friendship and getting to know you and Wanda and seeing pictures of your son's retirement. I still can't believe you're old enough to have a son who retired from Ford and your great grandson. That's not going away but thank you for everything you've done for me and thank you for the City and thank you for your friendship. Mr. Taylor: Thank you very much, Kathleen. I appreciate that. The City has done a great job by electing you President. You're doing very well and I think you'll do well in politics as far as you go. Thank you very much. Scott Bahr, Council Member: I detect a theme going on here and I'm going to jump on some of the same ideas. Like Ms. McIntyre, I grew up in the City. As long as I can remember, Joe, you were an icon. Those brown signs with the orange spool of thread, Gerald Joe Taylor, and I remember when I first sat down at the Planning Commission next to you. It was like sitting next to a Livonia icon. Oh, I'm sitting next to Joe Taylor. For four and half years, it was an absolute pleasure and an honor to sit next to you, where Sam is sitting now. Many, many times both in study meetings and public meetings where I asked questions or even if I didn't ask questions, you'd have advice for me as that mentorship theme that has come up twice already. And on the few occasions that we voted differently, you let me know that too and that was just as welcome. I learned from that as well. Similar to Mr. Morrow recently, we talk so much about Livonia's success being due to its people. We talk about the great planning of this city that we still all benefit from. Just last night we had an audit meeting with Council and the Finance Committee and we're reminded again of just how efficiently this City is run and all that goes back to the engaged citizens in the City. When we talk May 10, 2016 27584 about those engaged citizens, Joe, we're talking about you. You embody that. So thank you for your service to the City. Thank you for your mentorship to me. Mr. Taylor: Thank you very much, Scott. And this is another example of the city voting and knowing. We have smart voters in Livonia. Knowing and looking at talent that we have and even on the Planning Commission and watching, not very many people watch, but a few people watch the meetings. Obviously, you were doing things right and you will get elected again I assure you, if you run. Thank you. Maureen Miller Brosnan, Council member. Good evening, Planning Commission. First of all, welcome, Sam. I want to just tell you what a great thing it is that you've moved from the ZBA to the Planning Commission following very much in the footsteps of others who have come before you that have seen a path to leadership in the City of Livonia. Thank you for your willingness to serve and to make some of the tough decisions that come before the Planning Commission. I also wanted to thank the Mayor. It is marvelous to see a complement of seven people here this evening. It's been a long time since all seven seats were filled. With Joe's departure, this will give the Mayor one more opportunity to once again fill all seven seats. I, as one Council Member, really look forward to that. But tonight is Joe's night. Joe, I have served with you for many, many years. I served for 16 years on the City Council and had the pleasure and true honor of being appointed by Joe Taylor when I first began on the City Council. I've been with him through Poop in the Park to Millennium Park, from the AMC Theater to A123 Battery, from sidewalks to site plans, from Roskelly to the Rec Center, from the Tangora projects to Targets, from block parties to Livonia's biggest party of all, Spree, from serving on Hearts of Livonia to actually being the heart of Livonia. Joe Taylor represents all that is good and gentile about the City of Livonia. Gentleman Joe is oftentimes what we've heard him called historically in our community, and it is really the type of compromise and unfailing willingness to always listen to all sides of any story or any issue that comes before the Council that has set Joe Taylor apart from everybody else as one of the most significant leaders that we've had in our community. Joe is a constant reminder that we get more done if we simply act with civility and if we remember first of all and most importantly that we are public servants, that we are here to serve, that we have a responsibility to respect, and those are just a few of the lessons that anybody who has had a chance to serve with Joe have walked away with. Joe did more than just vote for me to fill a vacancy on the City Council back in 1997. He remained a mentor. He remained a champion at times when I needed to be at meetings and needed someone to watch my kids so that I could May 10, 2016 27585 be there. Joe did that. Joe empowered a young woman who was only the fifth woman to ever serve on the City Council in 50 years of its history. He empowered a young woman who was the youngest to ever serve on the City Council, and he took a great risk in doing all of that, and I am forever grateful, Joe. You have filled so many facets of my life, not just in being the wonderful leader and mentor that you are, but really in boosting me up and making sure that I realized a lot of the abilities that I did have, and I want to thank you. Perhaps the greatest lesson that Joe taught many of us who have had a chance to serve with him, is that what was most important in every single issue that came before us on the City Council was that we needed to treat people fairly and that meant more than just applying one set of standards to every single issue that came before us. It meant that we needed to look at every single situation individually, and we had to take into account those issues that were significant to that particular project or to that particular issue. In doing that, Joe went beyond just being a fair leader. He was a leader with integrity and oftentimes that becomes much more difficult that sheer fairness. So Joe, thank you for all of Livonia from the bottom of my heart. In leaving your seat on the Planning Commission, you leave as a legend, and I think that is perhaps the best word to describe what you left Livonia with. You've left us with a true legacy, some big footprints to follow and an amazing example of leadership. Thank you very, very much. Mr. Taylor: Thank you very much, Maureen. I'm certainly glad I didn't wear a hat tonight because I could never put it on. Those kind words are really great. They really are. And I remember holding your daughter when you were running and while you made a little speech and it was a lot of fun what I did. I enjoyed everything that I've done and I regret having to kind of step down because, and I'm looking at all the younger people that are coming on board. It gives me a lot of confidence because I love Livonia. I always have. And it gives me a lot of confidence that guys like Scott Bahr and Kathleen McIntyre, the younger people, are coming onboard and younger people on the Planning Commission, and it's just a great feeling to know after living in Livonia for over 50 years that it's in good hands. Thank you. Mr. Wilshaw: It's an excellent friendship that has existed between you and Ms. Brosnan. We've seen that over many, many years. Are there any other comments from the audience or from the Commission? Ms. Smiley: It would be just wrong for you to leave with me saying goodbye. I am right now the senior, maybe not the oldest, by the senior member of the Planning Commission, and it's always been a pleasure to work with you, to learn from you. If I could describe Joe May 10, 2016 27586 Taylor in one word, it would be gentleman. He was always respectful to me whether we differed on opinions or whether we agreed about something or not. He got me to work at Spree. I've known him it feels like forever because when I first started in Livonia Public Schools in 1985, I met him through his wife and then I worked with his daughter for years. They would tell you that he is probably the best man they've ever met in their life and that's quite a compliment. It's very hard for his daughter to talk about her dad without just beaming with joy and pride and love. So that to me is a sign of what kind of a man Joe Taylor is. I will miss you. Mr. Taylor: Thank you very much. Mr. Wilshaw: I do want to present, on behalf of the Planning Commission and the Planning staff, a plaque for Mr. Taylor. It's a beautiful plaque indicating Joe Taylor's years of service to the Planning Commission and I'd like to present this to you and thank you for your service. Mr. Taylor: Thank you very much. I appreciate it. Mr. Wilshaw: So now you have something else you can put on your wall to commemorate your service to our community. Thank you very, very much. Are there any other comments from the Commission? Mr. Caramagno: I've known Joe Taylor a long time since I was kid and handing out the flyers for his election campaign. It's good to see you retire, Joe, and it's good to at least have served on the Board with you one time. Congratulations. Mr. Taylor: Thank you very much, Sam. Mr. Wilshaw: That's a very fitting transition there. If there is nothing else, again, Mr. Taylor, thank you so much for your service to our community. With that, I will entertain a motion to adjourn. On a motion duly made, seconded and unanimously adopted, the 1,087th Public Hearings and Regular Meeting held on May 10, 2016, was adjourned at 7:56 p.m. CITY PLANNING COMMISSION 66.—f6274-- 03,;y /f Carol A. Smiley, Secrgt ry i\l(CA„-.:r7 ATTEST: Ian Tshaw, airman Pro Tern