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HomeMy WebLinkAboutPLANNING MINUTES 2016-06-07 MINUTES OF THE 1,089TH PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 7, 2016, the City Planning Commission of the City of Livonia held its 1,089th Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Acting Chairman, called the meeting to order at 7:00 p.m. Members present: Glen Long Betsy McCue Carol A. Smiley Peter Ventura Ian Wilshaw Members absent: Sam Caramagno 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. ITEM #1 PETITION 2016-05-02-09 OMORFIA ESTHETICS Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2016-05- 02-09 submitted by Omorfia Esthetics requesting waiver use approval pursuant to Section 10.03(m) of the City of Livonia Zoning Ordinance #543, as amended, to operate a massage establishment at 17142 Farmington Road within the Burton Hollow Shopping Center, located on the east side of Farmington Road between Six Mile Road and Curtis Avenue in the Southwest 1/4 of Section 10. June 7, 2016 27615 Mr. Taormina: This advertised public hearing is for the operation of a massage establishment at the Burton Hollow shopping center which is on the east side of Farmington Road just north of Six Mile Road. This shopping center sits on about 4.18 acres of property. The zoning is C-1, Local Business, where massage establishments are treated as a waiver use within that zoning classification. It is an L-shaped shopping center that contains approximately 50,000 square feet of gross floor area. It is divided into several tenant spaces. Some of those tenants include the Secretary of State, Golden Gifts Jewelry, Baskin Robins, Spartan Barbers, Subway, and several others. As I stated, massage establishments are treated as a waiver use as set forth in Section 10.03(m) of the Zoning Ordinance. Omorfia Esthetics would occupy a unit in the courtyard area which is on the Farmington Road side of the center. This space, which is identified on the plan as Unit 8, is roughly 800 square feet in size. The floor plan for the business shows that there would be a reception area and waiting, as well as a restroom, office and three massage rooms. The main business, as we understand it, would involve facials and skin care services. There are no exterior modifications planned for the building other than maybe the installation of a sign on the exterior size of the building. The proposal would have no detrimental impacts on parking. There are a couple of special requirements that apply to massage establishments. The first is that a new massage establishment cannot be located within 400 feet of any existing licensed massage establishment. The other requirement is that a new massage establishment cannot be located within 400 feet of a school, place of worship, state-licensed day care facility, public library, playground, or public park. The location of Omorfia Esthetics at Burton Hollow Plaza would comply with all of these special requirements. There is also a restriction on the hours of operation from 8:00 a.m. to 10:00 p.m. It is our understanding that the petitioner has agreed to operate this business between the specified hours. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Go ahead. Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated May 12, 2016, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed waiver use at this time. The included legal description that was included with the petition appears to be correct and should be used in conjunction with this petition. The existing property is assigned an address of 17176 Farmington Road for the overall parcel, with the range of addresses including June 7, 2016 27616 17126 thru 17176 Farmington Road and 33250 thru 33288 Six Mile Road for the individual suites within the plaza. The plaza is currently serviced with public storm and sanitary sewer, and water main, and the included drawings indicate that the project will consist of building renovations only. Based on the provided information, there should be no impact to existing utilities. If utility renovations are required, the owner shall provide drawings to this department to determine if permits will be required. Please note that any work within the Farmington Road right-of-way will require permits from the Wayne County Department of Public Service." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated May 16, 2016, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a massage establishment on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Daniel Lee, Fire Marshal. The third letter is from the Division of Police, dated May 18, 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 June 6, 2016, which reads as follows: "Pursuant to your request, the above- referenced petition has been reviewed. (1) Repair, seal and restripe parking lot as needed. (2) Repair/replace the damaged portions of the demising wall located on the east side of the property. (3) Repair curb around landscaping at the south entrance off Farmington Road. This Department has no further objections to this Petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. Thank you. Mr. Wilshaw: Are there any questions of the Planning Director? Seeing none, if the petitioner is here and would like to come forward to either podium. Please state your name and address for the record. Mary Lou Lynch Jones, 32811 Winona Street, Westland, Michigan 48185. I'm a friend of Mary and Cathy. I know Mary better than I know Cathy. They speak English very well. They don't think they do. So I'm here as a friend. I'm not part of the business. I've helped her find the location and come to the meetings and anything else she needed as a friend. Mr. Wilshaw: I appreciate that Ms. Jones. As sort of the de facto representative of the petitioner, is there anything that you would like to add from what you've heard so far? June 7, 2016 27617 Ms. Jones: They are very reputable people. I think you'll enjoy having them there. They won't do anything they shouldn't do. They'll follow all the rules and I think you'll be satisfied. Mr. Wilshaw: Okay. Thank you. Are there any questions from the Commission? Ms. Smiley What kind of massage are you going to offer and if you've had any experience in this area or running a business? This question is really for the petitioner. Ms. Jones: I know your husband has had experience running a business. Do you want to speak to that? They haven't had a business on their own. Her husband is a doctor. He has a business doing acupuncture. So he has a business but these two ladies have not opened up their own. Women like to have their own business too. Ms. Smiley: Could you please give us your name and address for the record, and then tell me is it going to be acupuncture that you're going to do? Ms. Jones: They want to do mostly facials. They hope they get enough clients that they can do facials totally and nothing else, but they're not sure getting started if they would need to do any massages. They probably would need to do some massages. Usually they do acupressure. It's a massage that they do. The facial is, according to the State of Michigan, not a . . . when you read the definition of the State of Michigan, they do not call them massages. They don't mention the word facial, but that's what they would like to do. When they get going, they hope to do no massages at all, just facials. They just hope that there's enough clients that will find them and come back. Ms. Smiley: Okay. While they're building up their client base, acupressure is just applying pressure to points in your body. Are you completely clothed for this? Ms. Jones: It's a little more health oriented than maybe the typical massages, as I understand it. I'm not licensed. I taught school for 30 years. I don't know, but they hope that it adds to the health of the person when they do that type of massage. Ms. Smiley: What is it? Can you help? Ms. Jones: It's a massage where they . . . Chaunfang Tang, 6592 Fox Hills Road, Canton, Michigan 48187. Shoulder pain, back pain, muscles tight and do many stuff like if your body has June 7, 2016 27618 any problem, we can help you. Sometimes you go to hospital maybe and doctor cannot help you, but massage, acupressure can help your muscles, help your back pain and shoulder pain, neck and lower back. All body muscles. Ms. Smiley: And you do that through your clothing? Ms. Jones: Yes. All clothes are on. Oh. Wait. Ms. Tang: Keep underwear, and then we have towel on. Ms. Smiley: Okay. So you're on a table? Ms. Tang: On a table, yeah. Ms. Smiley: Okay. Mr. Wilshaw: And ma'am, your name is what? Man Yun Lews, 23452 Oakridge Drive, Dearborn Heights, Michigan 48127. Ms. Jones: She goes by Mary. Ms. Lews: Yes, my English name is Mary. Mr. Ventura: Are the petitioners licensed by the State? This is just something I don't know. Ms. Jones: You have your license here right now. Ms. Lews: Yes. Mr. Ventura: Is that for the establishment or for the individual masseurs? Does each person that gives a massage, are they licensed by the State? Ms. Jones: I think your question is yes. I mean, I know I've seen hers. I haven't seen hers, but I've seen Mary's. She has it here if you want to see it. Mr. Ventura: No. Just a point of information. Ms. Tang: I have two licenses. One is for facial; one is for massage therapy. Mr. Long: I understand there is a tie-in with your husband's doctor's office. You're hoping to establish some link there, to get some referrals and things like that. Is that correct? June 7, 2016 27619 Ms. Tang: My husband? Mr. Long: From your husband's . . . Ms. Tang: Acupuncture. Needles. It's different. Doctors use needles. Massage, it's acupressure, use fingers. Mr. Long: If somebody doesn't need that but needs acupressure, will then he refer them to your business? I'm trying to figure out how you're going to get clients there. How do you plan to draw in patients? How do you plan to get clients? Ms. Jones: How are you going to advertise and is your husband going to send you any people that are interested in a massage or a facial? Ms. Tang: Okay. I do acupressure for many years. I'm here work in a mall for two and a half years and acupressure office for two and a half years. So I have some clients for the massage, but for facial, we just start. That why we want to do a little bit of massage for the rent. If we can build up the facial, if we have enough client for the rent for everything, we don't want to do that much massage because I work many years. My arms cannot take it anymore. Mr. Long: So the idea is to emphasize the facial not to put a big sign out that says massages here. Ms. Tang: Yeah. We are going to advertise facial. So massage maybe her husband will help us to a little bit advertising on the web site. I have some clients. Ms. Smiley Then I just want to understand for sure. You two are going to be the only two working in this massage establishment? Ms. Tang: Massage only me. She only do facial. I do facial too. Ms. Smiley: So you will be the only two in there? Ms. Tang: Yeah, for maybe half a year. If we have good business, maybe we'll hire somebody. Ms. Smiley: I hope so. Through the Chair to Mark, I assume they didn't buy the mall so the parking lot and all those other infractions are the responsibility of the mall owner? Mr. Taormina: Yes. Most of those items are actually in the works. It is our understanding that there is going to be work done in the parking June 7, 2016 27620 lot to correct some of those deficiencies. The wall is something that we will have to bring separately to the owner's attention as a condition of approval. That is something he will have to commit to at some point as part of the Occupancy Permit for this business. There are some wall sections that need some repair along the back. I know it's referred to as a demising wall in the letter, but he's actually referring to the screening wall along the property adjacent to the residential. Ms. Smiley: Okay. So we've probably addressed everything from Inspection? Mr. Taormina: Yes. Ms. Smiley: Okay. Thank you. Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, I will close the public hearing and ask for a motion. On a motion by Smiley, seconded by Ventura, and unanimously adopted, it was #06-47-2016 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 7, 2016, on Petition 2016-05-02-09 submitted by Omorfia Esthetics requesting waiver use approval pursuant to Section 10.03(m) of the City of Livonia Zoning Ordinance #543, as amended, to operate a massage establishment at 17142 Farmington Road within the Burton Hollow Shopping Center, located on the east side of Farmington Road between Six Mile Road and Curtis Avenue in the Southwest 1/4 of Section 10, which property is zoned C-1, the Planning Commission does hereby recommend to the City Council that Petition 2016-05-02-09 be approved for the following reasons or subject to the following conditions: 1. That this facility shall comply with all of the other special waiver use standards and requirements pertaining to massage establishments as set forth in Section 10.03(m) of the Zoning Ordinance #543; 2. That this facility shall conform to the provisions set forth in Chapter 5.49 of the Livonia Code of Ordinances pertaining to massage establishments; 3. That the issues as outlined in the correspondence dated June 6, 2016, from the Inspection Department shall be resolved to the satisfaction of that department; June 7, 2016 27621 4. That the daily hours of operation of the massage establishment shall be limited to 8:00 a.m. to 10:00 p.m., Monday through Saturday; 5. That the Petitioner shall not engage in any form of solicitation for business within the public rights-of-way of Farmington or Six Mile Roads; and 6. That the petitioner shall enter into a conditional agreement limiting this waiver use to this user only, with the provision to extend this waiver use to a new user only upon the approval of the new user by the City Council. 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; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw: Is there any discussion? Ms. Smiley: Mark, I'd like to add something to that regarding the letter from Inspection. Mr. Taormina: We'll reference the Inspection Letter.And Mr. Chair, another item. I think we have a conflict on the hours. The resolution said 7:00 a.m. but I believe the ordinance is 8:00 a.m. If we could just note that in the record and we'll make sure that it's consistent with the hours of operation. Ms. Smiley: That's not a problem. Ms. Jones: I thought you said 8:00 a.m. to 10:00 p.m. only and how you're saying 7:00 a.m. to 7:00 p.m. We have to know what you want. Mr. Taormina: Could you ask the petitioner how late they intend to be open? June 7, 2016 27622 Ms. Smiley: What are your hours of operation? Ms. Tang: We wanted to do maybe in the winter 10:00 a.m. to 7:00 p.m. In the summer maybe 10:00 a.m. to 8:00 p.m. Mr. Taormina: Then that's not a problem. Mr. Wilshaw: So 10:00 a.m. to 8:00 p.m. would the latest. Ms. Smiley: Summer hours? Mr. Taormina: We'll make sure that the resolution matches the ordinance. Ms. Smiley: Okay. Do you understand that? Mr. Wilshaw: We will make sure that you have the hours that are appropriate for what you're asking for and what would also conform to our ordinance because we do have some limitations in our massage ordinance. We'll make sure those are both covered. 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. Good luck. Thank you for coming tonight. ITEM #2 PETITION 2016-05-08-05 BURGER KING 34835 PLYMOUTH ROAD Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2016-05- 08-05 submitted by Technical Group, Inc., on behalf of Burger King Corporation, requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to remodel the exterior of the existing restaurant at 34835 Plymouth Road, located on the south side of Plymouth Road between Stark and Wayne Roads in the Northwest 1/4 of Section 33. Mr. Taormina: This is a request to remodel the exterior of an existing restaurant, Burger King, which is on the south side of Plymouth between Stark and Wayne Roads. The zoning of the property is C-2, General Business. This site is about 1.25 acres that includes 150 feet of frontage along Plymouth and has a depth of 355 feet. This property is somewhat unique in that it also has access from Wayne Road. The original restaurant was approved in 1983 and since then has only undergone minor cosmetic changes. The June 7, 2016 27623 current seating capacity is roughly 74 interior seats, and the modifications will not change the seating count. Thus, the project requires only the approval of a site plan and building elevation plans. The proposal is a "re-imaging" that is very similar to the other Burger King remodeling projects we looked at last year and were completed earlier this year. Part of the alterations involve replacing and covering sections of the existing shingled mansard roof with new parapet walls, and the new wall sections that would extend above the existing roofline and consist of a combination of materials including fiber cement siding as well as panels. The plan will introduce new tower elements. These are the taller wall sections of the building. These would be located generally at the entrances as well as above the drive-up windows. It is also where the signs are proposed on the building. The upper sections of the parapet would include corrugated metal as well as some L.E.D. accent lighting. On the lower half of the building, the plans show portions of the existing brick being either painted or covered. Other accent treatments would include the aluminum trellises that are shown above the windows and entrances. The exterior colors would be consistent with the other remodeling projects. The site improvements are limited to asphalt and the trash enclosure, some new striping and painting as well as landscaping enhancements. In terms of signage, this building would be allowed one wall sign not to exceed 40 square feet in area. The petitioner is showing two signs: a logo or"button" sign on the front elevation and another wall sign on the west elevation. The additional signage will require approval by the Zoning Board of Appeals. With that, Mr. Chairman, I'll be happy to read out the correspondence. Mr. Wilshaw: Go ahead. Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated May 10, 2016, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above-referenced petition. We have no objections to the proposed project at this time. The included legal description that was included with the petition appears to be correct and should be used in conjunction with this petition. The existing property is assigned an address of 34835 Plymouth Road. The lot is currently serviced with public storm and sanitary sewer, and water main, and the included drawings indicate that the project will consist of exterior renovations only. Based on the provided information, there should be no impact to existing utilities. If utility renovations are required, the owner shall provide drawings to this department to determine if permits will be required. Please note that any work within the Plymouth Road June 7, 2016 27624 right-of-way will require permits from the Michigan Department of Transportation (MDOT)." The letter is signed by David Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated May 16, 2016, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to remodel the exterior of the existing restaurant on property located at the above referenced address. We have no objections to this proposal. We are requesting a ladder port or similar equipment for roof access for Fire Department Personnel. This request is similar in nature to the last two petition requests for Burger King remodels. Knox box will be required. These and other issues will be reviewed during the plan process." The letter is signed by Daniel Lee, Fire Marshal. The third letter is from the Division of Police, dated May 18, 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 June 6, 2016, which reads as follows: "Pursuant to your request, the above-referenced petition has been reviewed. (1) Parking spaces shall be 10 feet by 20 feet and double striped. (2) Signage has not been reviewed. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions for the Planning Department? Seeing none, the petitioner is here. We will need your name and address for the record please. John Pastor, George H. Pastor & Sons, 34018 Beacon, Livonia, Michigan 48150. Mr. Wilshaw: Thank you, Mr. Pastor. Is there anything you'd like to add? Mr. Pastor: No. I'm just here to answer any questions that you might have. Mr. Wilshaw: Are there any questions from the Commissioners? Ms. Smiley Do you have any color renderings or a sample board? Mr. Pastor: We had it at the last meeting. I left it. Mr. Wilshaw: We did see one. Mr. Pastor: Yes. Ms. Smiley: I saw it. I just thought our TV audience would like to see it. June 7, 2016 27625 Mr. Wilshaw: We did see a material sample board that did indicate the colors of all the materials. Our Planning Director will grab that for our next item. Ms. Smiley How about signage? Do you plan on changing the signage from the current building to your new and improved building? Mr. Pastor: Yes. That's what we're showing is the two buttons and with "Home of the Whopper" on the east side entrance. Ms. Smiley It would be just that button. Do you have a ground sign? Mr. Pastor: Yes. That's already in conformation with Burger King so we're not doing anything with the ground sign. Ms. Smiley Are these signs in conformance? Mr. Pastor: No. We have one extra one, which I think there already is, but we still have to go before the ZBA for any of our signage. Ms. Smiley: Okay. Thank you. Mr. Long: That's not E.I.F.S., correct? Mr. Pastor: No. It's actually Nichiha board. It's about 1.25 inches cement board for lack of a better term. Mr. Long: Thank you. Ms. Smiley Is the color in the board? Mr. Pastor: Yes. The Nichiha board is colored so it is the actual color that we have. Ms. Smiley: So you don't paint it? Mr. Pastor: No, we don't paint the Nichiha but we paint the brick. Ms. Smiley: Oh. You're going to paint the brick. Mr. Pastor: Yes, ma'am. Ms. Smiley: Okay. Thank you. Mr. Long: How long will the restaurant have to be shut down? June 7, 2016 27626 Mr. Pastor: The restaurant won't be shut down. The dining room, of course, will be shut down approximately three weeks. That is what it takes us to do that, and then the drive-thru lane will be open at all times. It might close early one night or something when we're going down the drive-thru side, but for all practical purposes, they're open the whole time. Mr. Long: Great. Thank you. Mr. Wilshaw: Mr. Pastor is going to give a demonstration of the materials here. Mr. Pastor: The red is the red tiles on the front elevation. The light beige is the main base of the building. This is the lower portion paint for the brick. This is the color that will be on the towers. Mr. Ventura: Where will the LED lights be on the towers, John? Mr. Pastor: There are not any lights on the towers. The red band is an LED light. Mr. Ventura: Between the two towers? Mr. Pastor: Yes. The red strip. Mr. Ventura: Are they wall washers? Mr. Pastor: No. They should be, but no. Mr. Ventura: Where are the lights aimed? Mr. Pastor: I'm sorry? Mr. Ventura: Where are the lights pointed? Mr. Pastor: They're not pointing. It's just the red band. Mr. Ventura: So they are behind a lens? Mr. Pastor: Right, which is LED. Neon cannot be exposed. Mr. Ventura: Thank you. Mr. Wilshaw: Thank you, Mr. Pastor, for showing us the materials. Are there any other questions for the petitioner? Seeing none, is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, a motion would be in order. June 7, 2016 27627 On a motion by McCue, seconded by Long, and unanimously adopted, it was #06-48-2016 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2016-05-08-05 submitted by Technical Group, Inc., on behalf of Burger King Corporation, requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance#543, as amended, in connection with a proposal to remodel the exterior of the existing restaurant at 34835 Plymouth Road, located on the south side of Plymouth Road between Stark and Wayne Roads in the Northwest 1/4 of Section 33, be approved subject to the following conditions: 1. That the Exterior Elevations plan, marked Sheet A-2, prepared by Technical Group, Inc., as received by the Planning Commission on May 2, 2016, is hereby approved and shall be adhered to; 2. That the primary exterior building materials shall consist of brick, metal, fiber cement siding, and Nichiha board in lieu of E.I.F.S.; 3. That all rooftop mechanical equipment shall be concealed from public view on all sides by either the parapet walls or screening that shall be of a compatible character, material and color to other exterior materials on the building; 4. That all site landscaping shall be restored in accordance to the original approved landscape plan prepared by Basney & Smith, Inc. as received by the Planning Commission on September 12, 1983, with any modifications subject to the approval of the Planning Director; 5. 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; 6. That no additional LED lightband other than what appears on the approved plan or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 7. That the issues as outlined in the correspondence dated May 16, 2016, from the Livonia Fire and Rescue Division shall be resolved to the satisfaction of that department; June 7, 2016 27628 8. That the gates on the trash enclosure shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall be maintained at all times, and the enclosure gates shall be closed at all times except when in use; 9. That the parking spaces shown on the site plan shall be double striped, including the provision of barrier free parking, and all regular parking spaces shall be 10' x 20' in size as required; 10. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 11. Pursuant to Section 19.10 of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period. 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. Mr. Pastor: Can we have a seven day waiver? Is that possible? Mr. Wilshaw: Mr. Taormina, do you know if the City Council can accommodate that? Mr. Taormina: If you grant the waiver, we'll see whether or not it does him any good because I'm not sure of the current schedule. It may be possible that it can be on the 20th, but I'd have to check with the Council Office on that. Mr. Wilshaw: Okay. If a member of the Commission is willing to offer a seven day waiver of the minutes. On a motion by Ventura, seconded by McCue, and unanimously adopted, it was #06-49-2016 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective date of a resolution after the seven-day period from the date of adoption by the Planning Commission, in connection with Petition 2016-05-08-05 submitted by Technical Group, Inc., on June 7, 2016 27629 behalf of Burger King Corporation, requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to remodel the exterior of the existing restaurant at 34835 Plymouth Road, located on the south side of Plymouth Road between Stark and Wayne Roads in the Northwest 1/4 of Section 33. 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. You have your seven-day waiver as well. Thank you, Mr. Pastor. ITEM #3 PETITION 2016-05-08-06 BURGER KING 28203 PLYMOUTH ROAD Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2016-05- 08-06 submitted by Technical Group, Inc., on behalf of Burger King Corporation, requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to remodel the exterior of the existing restaurant at 28203 Plymouth Road, located on the south side of Plymouth Road between Inkster Road and Harrison Road in the Northeast 1/4 of Section 36. Mr. Taormina: This too is a request to remodel the exterior of an existing Burger King restaurant. This Burger King is on Plymouth Road between Inkster and Harrison Road. The zoning is C-2, General Business. The size is just under one acre with 168 feet of frontage on Plymouth and a depth of 240 feet. The seating capacity of this restaurant is 70 interior seats, and the modifications will not result in any increase in the seating capacity. This remodeling project, as you will see from the elevation plans, is very similar to the one we just looked at. It mainly involves new materials and colors, including the horizontal fiber cement siding and panels, as well as the corrugated metal, L.E.D. accent lighting, painted brick, new signage, and metal canopies. There is one notable difference between this project and the other one we just looked at. A larger portion of the mansard roof in this case would remain exposed. If you look at the photographs included in the staff report, you'll see that this building, as compared to the other one, does have a much larger section that contains the mansard roof. I'm sure Mr. Pastor will describe how they're going to treat this differently by painting it and covering portions of the mansard, but it is reflected on the plans that the existing roof will be retained to June 7, 2016 27630 a larger extent. Again, only one wall sign is allowed. They are showing two wall signs that would require approval by the Zoning Board of Appeals. With that, I'll read out the correspondence, Mr. Chair. Mr. Wilshaw: Yes. Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated May 10, 2016, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the petition. The included legal description that was included with the petition appears to be correct and should be used in conjunction with this petition. The existing property is assigned an address of 28203 Plymouth Road. We have no objections to the proposed project at this time, but would like to point out that the parking lot striping is required to be double-lines per the City of Livonia striping details. The parcel is currently serviced with public storm and sanitary sewer, and water main, and the included drawings indicate that the project will consist of exterior renovations only. Based on the provided information, there should be no impact to existing utilities. If utility renovations are required, the owner shall provide drawings to this department to determine if permits will be required. Please note that any work within the Plymouth Road right-of-way will require permits from the Michigan Department of Transportation (MDOT)."The letter is signed by David Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated May 16, 2016, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to remodel the exterior of the existing restaurant on property located at the above referenced address. We have no objections to this proposal. We are requesting a ladder port or similar equipment for roof access for Fire Department Personnel. This request is similar in nature to the last two petition requests for Burger King remodels. Knox box will be required. These and other issues will be reviewed during the plan process." The letter is signed by Daniel Lee, Fire Marshal. The third letter is from the Division of Police, dated May 18, 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 June 6, 2016, which reads as follows: "Pursuant to your request, the above-referenced petition has been reviewed. (1) Parking spaces to be 10' x 20' and double striped. (2) Signage has not been reviewed. This Department has no further objections to this petition." The letter is signed by June 7, 2016 27631 Jerome Hanna,Assistant Director of Inspection. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions for the Planning Department? Ms. Smiley: Through the Chair to Mr. Taormina, if they change the parking stripes, are they going to be short on parking spots? Mr. Taormina: No. I'm not sure that they're changing anything. They just want the parking spaces to be 10 feet by 20 feet when the lot is restriped. There is no shortage of parking at this or the other Burger King. Ms. Smiley: Thank you. Mr. Wilshaw: Are there any other questions? If not, the petitioner is here. John Pastor, George H. Pastor & Sons, 34018 Beacon, Livonia, Michigan 48150. Thank you, Mr. Chair. I'll just go over the elevations again. This is the board that we just saw on the last one. The red tile is going to be on the front elevation around the front windows. You have Nichiha board which is the beige color. The paint, which is the lower band, is a darker brown. The standalone seam is a bronze color, and then the silver is actually what the standing metal seam and the canopies are. The difference between this store and the other store, newer versions. The last one was a BK 50. It's the year it was built. And this was a BK 1. This is one of the very first stores that they had. BK 410, the 410th store that was ever built by the Burger King Corporation. The BK 1's have mansards all the way around. Since it's in the back, they just keep it with the standing metal seam which will be the silver color. That's what we're doing with the standing metal seam on this one. Mr. Wilshaw: Okay. Thank you. Are there any questions for the petitioner? Mr. Ventura: Mr. Pastor, just to be clear, is the existing mansard going to be painted? Mr. Pastor: No, no. It will be standing metal seam. It's what's up there now. I believe it's a blue metal seam. It will go to silver. Mr. Wilshaw: That will be new? Mr. Pastor: Yes. Mr. Wilshaw: Okay. June 7, 2016 27632 Mr. Ventura: So you're going to replace the standing metal seam with that color? Mr. Pastor: Yes. Mr. Ventura: Okay. Thank you. Ms. Smiley: I'm looking at a picture of the dumpster. I apologize if we already addressed this, but are those wood gates around it? Mr. Taormina: Yes. That's the picture I took today. I believe on the site plan the dumpster gets refurbished. Mr. Pastor: If I might add, Mr. Chairman, if the dumpster gates are wood, they go back to metal. They get rid of all the wood dumpsters which will match up with the metal that's on the towers. Ms. Smiley: Thank you, Mr. Chair. Mr. Wilshaw: Mr. Pastor, just briefly, you asked for a seven day waiver on the previous item. I assume that your intent is to get this construction going this season. Mr. Pastor: Yes. And I would request to have it on this one as well. Mr. Wilshaw: Okay. What estimated time line do you have for these projects to be done? Mr. Pastor: Well, if we can get our approvals by the first meeting of next month, we'll probably start at the end of July. Anywhere from four to six week jobs. Mr. Wilshaw: Okay. So you're well within the construction season for this year. Mr. Pastor: But still, because of Burger King, McDonald's, Wendy's, Taco Bell, they're all doing major revamping. The bigger problem is the materials that we worry about this time of year. They're actually running out of a lot of the floor tile. They have four different brands and last year we actually ran out of four out of four. We had to pick a fifth supplier. When you get later in the season. So the sooner we can get these done, the less likely we'll be in a pinch to find new tile. Mr. Wilshaw: That's an important note that, obviously as we look at a site plan, we're looking at the exterior of the building because that's what's really in our purview, but clearly it sounds like you're making significant improvements to the interior as well. June 7, 2016 27633 Mr. Pastor: The interior, the bathrooms usually get brought up to ADA compliance, all new floor tiles, and the dining room all new wall paneling, all new seats, new front counter, new lights, new ceiling throughout the restaurant. So it will be a complete refresh. Mr. Wilshaw: Excellent. Thank you. Mr. Wilshaw: Are there any more questions of the petitioner? Is there anybody in the audience that wishes to speak for or against? Seeing no one coming forward, a motion would be in order. On a motion by Ventura, seconded by Long, and unanimously adopted, it was #06-50-2016 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2016-05-08-06 submitted by Technical Group, Inc., on behalf of Burger King Corporation, requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance#543, as amended, in connection with a proposal to remodel the exterior of the existing restaurant at 28203 Plymouth Road, located on the south side of Plymouth Road between Inkster Road and Harrison Road in the Northeast 1/4 of Section 36, be approved subject to the following conditions: 1. That the Exterior Elevations plan, marked Sheet A-2, prepared by Technical Group, Inc., as received by the Planning Commission on May 31, 2016, is hereby approved and shall be adhered to; 2. That the primary exterior building materials shall consist of brick, metal, fiber cement siding, and Nichiha board in lieu of E.I.F.S.; 3. That all rooftop mechanical equipment shall be concealed from public view on all sides by either the parapet walls or screening that shall be of a compatible character, material and color to other exterior materials on the building; 4. That all site landscaping shall be restored according to the landscape plan approved in Council Resolution #76-03, with any modifications subject to the approval of the Planning Director; 5. 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; June 7, 2016 27634 6. That no additional LED lightband other than what appears on the approved plan or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 7. That the issues as outlined in the correspondence dated May 16, 2016, from the Livonia Fire and Rescue Division shall be resolved to the satisfaction of that department; 8. That the gates on the trash enclosure shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall be maintained at all times, and the enclosure gates shall be closed at all times except when in use; 9. That the parking spaces shown on the site plan shall be double striped, including the provision of barrier free parking, and all regular parking spaces shall be 10' x 20' in size as required; 10. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 11. Pursuant to Section 19.10 of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period. Mr. Ventura: Shall I add a #9 here, that the petitioner has requested a seven day waiver? I'll include that as part of this resolution. Mr. Wilshaw: We normally handle that as a separate resolution after this one is approved. So we'll do that as a separate item. Mr. Taormina: I'll make a request to the maker of the motion to consider two additional items. We notice here on the notes that it says to paint the trash enclosure gates. Mr. Pastor had indicated those will be replaced. If we could add a condition that would require replacing the gates as he described. Then secondly, that the issues outlined in the Fire Department letter be address to that Department's satisfaction. Mr. Ventura: The maker agrees to Mr. Taormina's additions to the resolution. June 7, 2016 27635 Mr. Wilshaw: Thank you, Mr. Ventura. Is there support for the motion? Mr. Long: Support. Mr. Wilshaw: Support by Mr. Long. Mr. Taormina, is there any need to put any verbiage in regarding the parking spaces being double striped 10 by 20 or does typical ordinance cover that? Mr. Taormina: Typical ordinance does cover that. We can add that as well. I believe that's the way it exists today but we'll check on that. We can add that condition. Mr. Wilshaw: Okay. Mr. Pastor obviously knows all about that. Mr. Pastor: Yes. Not a problem. 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. Mr. Ventura, would you like to offer the waiver/ On a motion by Ventura, seconded by McCue, and unanimously adopted, it was #06-51-2016 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective date of a resolution after the seven-day period from the date of adoption by the Planning Commission, in connection with Petition 2016-05-08-06 submitted by Technical Group, Inc., on behalf of Burger King Corporation, requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to remodel the exterior of the existing restaurant at 28203 Plymouth Road, located on the south side of Plymouth Road between Inkster Road and Harrison Road in the Northeast 1/4 of Section 36. 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. June 7, 2016 27636 ITEM #4 PETITION 2016-05-SN-04 JOHNNY'S RIBS Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2016-05- SN-04 submitted by 4 Tech Signs requesting approval, pursuant to Section 18.47 of the City of Livonia Zoning Ordinance#543, as amended, of a replacement ground sign with variable electronic message board for the restaurant (Johnny's Ribs & Pizza) at 19333 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast 1/4 of Section 6. Mr. Taormina: This is property located on Victor Parkway just north of Seven Mile Road. It is the former location of New Big Daddy's restaurant, now Johnny's Ribs & Pizza. The zoning is C-2, General Business. The request this evening is to modify the existing monument sign to include a variable electronic message board. For commercial properties, Section 18.50H of the Zoning Ordinance allows one freestanding sign not to exceed 30 square feet in area, 6 feet in height and 10 feet in length. In addition, when all other signs on the premises are conforming, one-half of the allowable area of the ground sign can be in the form of a variable electronic message board. In 2012, approval was granted for a conforming ground sign at this location that contained only a static or fixed message identifying the previous restaurant, New Big Daddy's. Previous actions by the Council and Zoning Board of Appeals granted an excessive number and area of wall signs, and because these signs still exist on the building, the use of a variable electronic message board as part of the ground sign is not allowed unless it is approved as a revision to the approved plans, which includes your recommendation as well as Council and Zoning Board of Appeals approval. The proposed replacement ground sign is in the exact area and is of the exact height as the existing sign, and would be supported between the existing brick piers. The sign measures 24 square feet and 6 feet in height so it is a little bit less than what the ordinance allows in terms of sign area. The sign would consist of a 15 square foot portion that would be the electronic message board. The remaining 9 square feet of the sign, the upper portion, would consist of an illuminated box sign that identifies the name of the new restaurant, Johnny's Ribs and Pizza. There are a number of standards that apply to these variable electronic message boards including the duration of the message, the brightness of the sign, how quickly the message can change from one message to another. All those requirements are included in the staff packet. There is one item of correspondence, Mr. Chair, and that is a letter from the Inspection Department, dated June 6, 2016, which reads as follows: "Pursuant to your request, the above- June 7, 2016 27637 referenced petition has been reviewed. A variance from the Zoning Board of Appeals would be required for the variable electronic message board. The proposed sign exceeds the allowable size and there is a variance from the Zoning Board of Appeals for the current excess signage on site. This Department has no further objections to this petition."The letter is signed by Jerome Hanna,Assistant Director of Inspection. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions for Mr. Taormina? Mr. Long: Mark, the digital portion of the sign is allowed to be 15 feet because it can be half of the total allowable size, not the total sign size, because this sign is only 24 square feet. So would it be limited to 12 or is it 15 because they could put a 30 foot sign in? Mr. Taormina: The electronic message sign cannot cover more than 50 percentage of the area of the ground sign. Because it is 24 square feet, I would read that to mean that it can only be 12 square feet. There are two variances that are needed. One is to have an electronic message board altogether because there is other signage on the site that does not comply with the ordinance, and thus he is not entitled by right to an electronic message board. Secondly, to the extent that he can have an electronic message board, it has to be limited to 50 percent of the area of the ground sign. In this case, since the ground sign is 24 square feet, it would be limited to 12 square feet. So there is a slight deviation in area for which he would have to go to the Zoning Board of Appeals. Mr. Long: So we would be approving a 15 foot sign as a variance to the allowable. Mr. Taormina: We would be approving it as part of the site plan modification, and then it would have to go to the Zoning Board of Appeals for the actual variance. That is correct. Mr. Long: Thank you. Ms. Smiley: Through the Chair to Mr. Taormina, you can make these signs any size you want, can't you? Mr. Taormina: You mean the electronic portion? Ms. Smiley: Yes. June 7, 2016 27638 Mr. Taormina: That's a question for the sign contractor. We did pose that question to them, and I'm not sure that we ever got a response back. Hopefully, somebody is here that can answer that question. Ms. Smiley: I'm not a fan of electronic signs anyways. There's enough people trying to text and drive and read those as it changes so they don't miss anything, but I just don't like them. I don't think I could agree that it being more than 12 square feet if that's half of what should be. Thank you. Mr. Wilshaw: Anybody else? If not, we'll go the petitioner. We will need your name and address for the record please. Michael Zacks. General Manager, 4 Tech Signs, 13300 Foley, Detroit, Michigan. I also have the property owners who are also the business owners with us to answer any specific questions that you might have for the business. Mr. Wilshaw: Would you like to have them give their names and addresses first so it's all on the record? John Kaounas, L.L.C., 19333 Victor Parkway, Livonia, Michigan 48152. I'm the owner of the building and now with the restaurant also. Kathleen Kaounas Phillips, 49586 Waterstone Estates, Northville, Michigan 48168. I'm John's daughter. Mr. Wilshaw: Great. Thank you. Mr. Zacks, did you want to continue on with your part of the presentation? Mr. Zacks: Yes. You're all familiar with this location and it's been a challenged location. This is the fourth version of a restaurant there. Part of it's due to the difficult economy. Part of it's due to the setback from the road. It's a difficult site to recognize certainly. We feel that the sign, as proposed, is aesthetically pleasing. Again, it's only 24 square feet. They would be entitled to something considerably larger than that. They would not be changing the structure or the footprint. They would use the existing brick, piers. They are of the understanding of how the ordinance works as far as frequency of message, change of message, content of message. I think they need some additional help. Again, the fourth version of a restaurant at that location, difficult to spot from the road and certainly from the freeway. They're planning on opening I think later towards the end of the month, 21st of this month. And again, the difficult economy restaurant business being especially difficult, fourth version at that site. They're just struggling to do whatever they can. They've June 7, 2016 27639 made a substantial investment in the property if you've driven by it, both on the inside and outside. If you have any specific questions, this would be a 15 square foot sign that's proposed, the message portion, 16 mm pitch. It's all set from the factory so the owner of the sign is not able to change the light intensity or any of that. The ambient light is what operates it and it adjusts for the daytime. If you have any specific questions on the signage, I'd be happy to answer. If you have some specific questions on the business, I think they could probably answer those. Mr. Wilshaw: Mr. Zacks, one question was already posed that I think maybe you can answer for us which is, is the size of the sign flexible in terms of its dimensions? Mr. Zacks: They typically come in fixed sizes so it's not like you can order anything you want. There's some basic fixed sizes. This is the closest that fits between those piers and certainly they were conscious of the economy to try to use the existing brick structure, not make the footprint any larger although they would certainly be entitled to that. That was a common size that kind of fit within that structure. Mr. Wilshaw: Okay. Thank you. Does anyone have questions for the petitioners? Ms. Smiley So you can't make it 12 square feet? Mr. Zacks: No. It would be burdensome. Again, these come fixed sizes and you'd have to dismantle it. It's just not feasible to adjust certain . . . you know it comes in fixed sizes. Ms. Smiley Do you expect to see this from the expressway? I don't. Mr. Zacks: I can't imagine. I mean it's to address the traffic there. Ms. Smiley: On Victor Parkway. Mr. Zacks: Correct. Ms. Smiley: That would be the target, right? Mr. Zacks: Yeah, drive by, walk by, and again, the restaurant has changed and been so many versions, they're just concerned that they need every possible help that they can get. Again, the messages would just be advertising some of their specials and trying to get the point across that it is a new business, and Little Daddy's, Big Daddy's, the steakhouse, those have all come and gone June 7, 2016 27640 unfortunately. They want to take the opportunity to get some help from the message reader board and those boards have proven to be helpful as far as exposing the drive by and walk by traffic to the content of the business. Ms. Smiley: I can see the drive by. There's no walk by traffic. Mr. Zacks: Well, no, probably not. Ms. Smiley: My question is through the Chair to Mr. Taormina. How about that Johnny's Pizza & Ribs sign on the side of the building? I go by there all the time. I know exactly what they're talking about. Is that conforming? Mr. Taormina: The permits that were issued for all the signs mounted on the building were replacement signs. They are the same dimensions, more or less, as when it was New Big Daddy's. He just replaced what was there with the new name. That's all. Ms. Smiley: Okay. Thank you. Ms. McCue: So as a follow-up to her question, I think Mr. Taormina you had indicated that originally those are not conforming signs, right? Mr. Taormina: There are variances for two of the signs. That's correct. Ms. McCue: So when they state that they're entitled to a larger sign out front, other than what they're doing, what would be the entitlement there? I mean, reality is, what could they have put out there? Mr. Taormina: Only an additional six square feet in area, a slightly larger sign that what is there currently. It's a little bit undersized. Ms. McCue: Thank you. Mr. Ventura: Just to clarify your point, Mark. They're really not entitled to it because they're over the ordinance now. Is that correct? They have a variance now. Mr. Taormina: Again, it's all subject to your approval, but typically, monument signs are allowed to be 30 square feet and 6 feet in height. Again, this is slightly less than that. What is in excess is the wall signage. Mr. Ventura: Doesn't your write-up say that because the wall signage is in excess, they really don't earn this? June 7, 2016 27641 Mr. Taormina: No. They could go back to the old sign. The variable electronic sign is what that they are not entitled to. Mr. Ventura: Thank you. Mr. Wilshaw: Mr. Taormina, if my recollection is correct, when this restaurant was originally built, Victor Park did not allow, and we did not allow, a monument sign. Then we granted the monument sign in I believe it was 2012 around that time for Big Daddy's. Mr. Taormina: The answer to your question is, yes. We granted the approval for this monument sign in 2012. Whether or not it was something that was not allowed by the Association, I can't answer. Mr. Wilshaw: Right. Mr. Taormina: But yes, the approval was granted in 2012 for this sign. I don't know why there wasn't a sign there for the Lone Star Steakhouse. Mr. Ventura: In your package, Mr. Taormina, this copy of a resolution from 1995 highlighted Item #4, the requirement that there shall be no ground sign, monument sign permitted on the subject site. It dates back, as Mr. Wilshaw has indicated, to much earlier in the process. Mr. Wilshaw: Thank you, Mr. Ventura. So we originally did not allow a monument sign, but then we changed that in 2012. Mr. Taormina: Yes. I just don't know if the Association prevented it. Ms. Smiley: Do they have a panel on Seven Mile? Mr. Taormina: No. Mr. Kaounas: Can I talk? Mr. Wilshaw: Go ahead, sir. Mr. Kaounas: Ladies and gentlemen, three different companies went over there trying to make this building work. When I took this building, it was closed down, almost abandoned. Okay? I came in. So far I have $3 million. I'm trying to turn it around. It's very difficult because we don't get no exposure from Seven Mile, Eight Mile or the expressway. Now, what we're trying to accomplish here and make this business happening, because this is the last time we're going to give it a try because I'm running out of budget. You know what I mean? Because after that, I'm going to tear it down. So June 7, 2016 27642 what I'm saying is, if we can get the sign and advertise where people from all these offices we have, and I know back because I've been in Livonia for many years. I have a factory here. Those buildings got built different ways for different things. Due to the economy, no fault of anybody, things changed. So now I'm stuck with a building facing the wrong way also. And because some of the businesses took the spaces on the monument sign on Seven Mile Road, there is no room for anybody else. It is what it is. And what we're trying to do here, we're trying to say to the people when they drive by, hey, we have a special chicken today. Come and get it. Bring people in. We turn it around and made it a new concept to bring families in, to bring people when they go home they can pick something up, but we have to tell them what are we selling our product. No difference if you're going on Haggerty. Everybody knows Schoolcraft College but we have a big sign because they want to tell people we have this, we have that. Otherwise, they have to come in to find out. We're trying to bring them in. And that's why this sign. We believe it. We're going to turn it around. We are doing our best and by doing that, we want to create about 50 jobs, pay tax to the City. The City's been good to us. I've been here since I don't even remember, 50 years now. So we're asking you to work with us because this is the last resort. I don't know what else we can do to make it happen. We're asking you really this is the last resort we have. I don't know how we can bring the people in. We have a good building there. We got it all up to date, but like I said, the steakhouse didn't make it. The Big Daddy's, Little Daddy's didn't make and now Johnny's. We're going to try to make it. We're going to give it our best shot. And I own the building. Now I'm in the restaurant business too. So, that's why I'm here. I'm asking you, give us a chance to make it happen because it will take us as business people, and the city together trying to make it back in. I think it's going to be a very shame to have a building empty or tear it down. Ms. Kaounas: One more comment regarding Dave & Buster's. Before we had the building, the bottom line is the building is positioned completely wrong. When you enter in the building from Victor Parkway, you have to make a left heading south and actually drive around the building. Then when Dave & Buster's came in, they revamped the whole entire parking area. They locked off some of our spaces. We've had issues back and forth, so we're trying to keep this building, this business afloat the best we possibly can. We've ran into a lot of bumps along the way. So we're really struggling at this point. Again, if we could just pick the building up and turn it, face it toward Victor Parkway, it would be the best. But a lot of people come in that entrance, drive right by June 7, 2016 27643 the back of the building and straight to Dave & Buster's. So we lose a lot of people that way also. Thank you. Mr. Kaounas: By putting this sign, it will make people pay attention. And believe it or not, I would say probably 60 percent of Dave & Buster's traffic goes through our driveway. By giving them this advertisement, the food we sell, it will pay attention to the people and we believe we'll be able to become successful. I'm not going to call it was a mistake yet. I guess with that, thank you. Ask me any questions please and I can answer. Mr. Wilshaw: Are there any other questions for the petitioner? Ms. Smiley: No, other than I'm not trying to argue you with it about it. My real argument is with the texting and the talking and the driving. There is enough for people to do if they just drive. The only thing that concerns me was the electronic board but that was my concern with an electronic sign that keeps changing. Now, on Victor Parkway, I understand what you're saying because you're hoping to get the people from Davenport University, from the offices, from all that, to go up and go up to the post office. I live in that area and I'm on there a lot so I know what you're talking about. Mr. Kaounas: And we don't have that much traffic here. Ms. Smiley: No, you don't have that much traffic there. Ms. Kaounas: They're not on foot. Ms. Smiley: There is no foot traffic. Thank you. Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or against the granting of this petition? There is one gentleman. Please come forward and state your name and address. Brian Jenke, 31600 W. Nine Mile Road, Farmington Hills, Michigan 48336. I just wanted to point out, I used to manage the last place and fortunately now I work with John. But as he pointed out, we're trying to hire people, about 50 or so employees, mostly local here. Most of the applicants that have been coming in so far are Livonia residents or a few Farmington and Novi, but mainly Livonia. We're also utilizing Schoolcraft College, trying to get students over from their culinary program. Restaurants like Red Robin, Applebee's, they're all wonderful restaurants but they lost sight of like the art of actually cooking. That's one thing we're trying to do and like John pointed out, convey the message by just putting a picture up there that wouldn't be like flashing or changing, just be like a June 7, 2016 27644 picture advertising that. The sign does face north and southbound, so you cannot see it from the freeway as you were asking before. Traffic through Victor Parkway is only 30 miles an hour and the police are very good about patrolling over there, so most people are a little scared of the speed. So it's very slow moving traffic. We don't feel the sign would be a distraction at all. Dave & Buster's also has a monument sign right behind us lit, colored. It's also a monument sign. Thank you very much. Mr. Wilshaw: Thank you, Mr. Jenke. I appreciate your comments. Seeing no one else coming forward, a motion would be in order. On a motion by Long, seconded by Smiley, and adopted, it was #06-52-2016 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2016-05-SN-04 submitted by 4 Tech Signs requesting approval, pursuant to Section 18.47 of the City of Livonia Zoning Ordinance #543, as amended, of a replacement ground sign with variable electronic message board for the restaurant (Johnny's Ribs & Pizza) at 19333 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the Southeast 1/4 of Section 6, be approved subject to the following conditions: 1. That the ground sign shall be installed in accordance with the Sign Plan submitted by 4 Tech Signs, as received by the Planning Commission on May 5, 2016, showing an electronic message board measuring 15 square feet 2. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for inclusion of a 15 square feet variable electronic message board to the monument sign and any conditions related thereto; 3. That no LED Iightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 4. That unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited; and 5. That the Petitioner shall enter into a conditional agreement limiting this sign approval with the variable electronic message board to this user only, with the provision to extend June 7, 2016 27645 this approval to a new user only upon approval of the new user by the City Council. Mr. Wilshaw: Is there any discussion? Mr. Taormina: Just if we can discussion Condition #1, the language with respect to the area of the message board and whether or not that should remain given the new information provided to us this evening by the sign contractor. The proposed total area of the sign is 24 square feet, which according to the resolution as it has been written, would limit the area of the message board to 12 square feet, and thus would be smaller than the 15 square feet he is proposing. So the question is whether or not we want to pretty much just remove that second part of the condition which would allow the sign to be constructed the way it appears on the drawings. Mr. Wilshaw: Okay. The question is, we're trying to determine if the electronic portion of the sign is going to be 12 or 15 square feet. Mr. Taormina: That is correct. The resolution as it reads would effectively limit the message board to 12 square feet. Mr. Wilshaw: Would the maker of the motion have any comment on that? Mr. Long: It says the total area of the permitted ground sign, right? Mr. Taormina: Then we should just say 15 square feet if that is the case because what he is showing is 12 square feet. See up above where we're conditioning the approval of the sign plan that was submitted, it shows 24 square feet. So it inherently conflicts with the language. Mr. Long: If we changed it then to 15 square feet, then we are forwarding a potential variance and then the Zoning Board would rule ultimately on it. Mr. Taormina: Either way, it's going to go to the Zoning Board of Appeals. Mr. Long: I'm fine with amending my resolution to 15 square feet. Mr. Wilshaw: Right. Just have it as a little figure. Mr. Long: I'm agreeable to that. Mr. Wilshaw: Is the supporter of the motion agreeable? Ms. Smiley: Very agreeable. June 7, 2016 27646 Mr. Wilshaw: Are there any other questions or comments? If not, please call the roll. A roll call vote on the foregoing resolution resulted in the following: AYES: Long, Smiley, McCue NAYS: Ventura, Wilshaw ABSENT: Caramagno ABSTAIN: None 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 and ultimately to the Zoning Board of Appeals. ITEM #5 APPROVAL OF MINUTES 1,088TH Public Hearings and Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,088th Public Hearings and Regular Meeting held on May 24, 2016. On a motion by Ventura, seconded by McCue, and adopted, it was #06-53-2016 RESOLVED, that the Minutes of 1,088th Public Hearings and Regular Meeting held by the Planning Commission on May 24, 2016, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Ventura, McCue, Long, Wilshaw NAYS: None ABSENT: Caramagno ABSTAIN: Smiley Mr. Wilshaw, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,089th Public Hearings and Regular Meeting held on June 7, 2016, was adjourned at 8:21 p.m. CITY PLANNING COMMISSION ,r___ Carol A. Smiley, ecretary ATTEST: Ian Wilshaw!a rman Pro Tem