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HomeMy WebLinkAboutPLANNING MINUTES 2016-07-12 MINUTES OF THE 1,091st PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, July 12, 2016, the City Planning Commission of the City of Livonia held its 1,091st Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7:00 p.m. Members present: Sam Caramagno Glen Long Carol Smiley Peter Ventura Ian Wilshaw Members absent: Betsy McCue Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. 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 2016-04-01-03 DAVE PHIPPS Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2016- 04-01-03 submitted by Dave Phipps pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the properties at 14851 and 14931 Farmington Road, located on the west side of Farmington Road between Lyndon and Five Mile Roads in the Northeast 1/4 of Section 21, from OS and R-2 to R-9-I. July 12, 2016 27713 Mr. Wilshaw: Mr. Taormina, do I have it correct that we had tabled this item previously? Mr. Taormina: It was tabled. We should remove it from the table. Mr. Wilshaw: May I have a motion to remove this item from the table? On a motion by Smiley, seconded by Caramagno, and unanimously adopted, it was #07-73-2016 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 2016-04-01-03 submitted by Dave Phipps pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the properties at 14851 and 14931 Farmington Road, located on the west side of Farmington Road between Lyndon and Five Mile Roads in the Northeast 1/4 of Section 21, from OS and R-2 to R-9-I. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Taormina: This is a rezoning petition involving two parcels that are located on the west side of Farmington Road across from the Civic Center. Portions of both of these parcels are currently zoned R- 9, Housing for the Elderly. In the case of the northerly parcel, which is 14931 Farmington, the R-9 district encompasses a narrow 40-foot section that runs along the north property line. The remainder of the parcel is zoned R-2, One Family Residential. On the southerly parcel, 14851 Farmington, most of the site is currently zoned R-9-I. OS (Office Services) zoning encompasses the easterly part of the site that is developed with a private drive called Luther Lane. The request would rezone the entirety of both parcels to the R-9-I classification to enable the development of a senior housing complex. Together, the two parcels make a "U- shaped" configuration. The parcel to the north, 14931 Farmington Road, has a net land area of 3.40 acres, with 207 feet of frontage on Farmington Road and a depth of roughly 627 feet. The southerly parcel measures 6.41 acres and has frontage on Farmington Road via its connection to Luther Lane, which provides access to the Livonia Woods nursing home located adjacent to and further west of the property. The front portion where Luther Lane is located is zoned OS, Office Services, and the remaining rear portion is zoned R-9-I, Housing for the Elderly. July 12, 2016 27714 Except for the road, the property is vacant with the rear portion containing a mature woodlot. Combined, the properties total 10.3 acres in size. In terms of adjacent land uses and zoning, to the north is cemetery land as well as the Livonia Public Schools bus yard. To the south there is an office, a residential home and Silver Village. To the west is a nursing facility as well as another cemetery property. To the east across Farmington Road is the Civic Center site, including the Police and Fire headquarters. Under the R-9-I zoning, the allowable density is expressed in dwelling units per acre and the total number of units is a function of the height of the buildings as well as the number of bedrooms per unit and the total acreage of the land. R-9-I zoning allows buildings up to four stories in height. Based on the R-9-I density criteria, each one-bedroom unit in a four-story building requires a minimum land area of 2,000 square feet. This would translate to roughly 21.8 dwelling units per acre. Overall, the site could support a total of 224 one-bedroom units. There is a preliminary site plan that was submitted with the application. It shows seven four-story buildings, each containing 32 one-bedroom units for the maximum allowed density of 224 total dwelling units. The conceptual plan illustrates the arrangement of the seven buildings, all of which would have access along a network of private driveways that connect and form a loop with Luther Lane. Located near each of the buildings would be parking as well as carports. Ingress and egress from Farmington Road would be available from both Luther Lane as well as a new curb-cut at the north end of the development. There is a one-story community/office building with separate off-street parking shown in the northeast corner of the site adjacent to Farmington Road. A series of pathways would be provided throughout the development. Storm water management will be a requirement of Wayne County and is tentatively shown in the form of detention basins located towards the south end of the site, adjacent to Luther Lane. The Future Land Use Plan designates the subject area as a combination of Office and Medium Density Residential. The Medium Density classification corresponds to a density of between 4 and 14 dwelling units per acre. Thus the requested density of approximately 21 dwelling units per acre falls under the range of the High Density Residential land use category which is identified as between 14 to 50 dwelling units per acre. With that, Mr. Chairman, we have a single item of correspondence that I would like to read into the record. Mr. Wilshaw: Yes, please. Mr. Taormina: There is one item of correspondence from the Engineering Division, dated May 11, 2016, which reads as follows: "In July 12, 2016 27715 accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed rezoning at this time. The legal descriptions included with the submitted drawings appear to be correct and should be used in conjunction with this petition. The existing parcels are assigned the addresses of 14851 and 14931 Farmington Road. The lot is currently serviced with public sanitary sewer and water main. Storm sewer is available within the Farmington Road right-of-way and is under the jurisdiction of Wayne County. The submitted drawing does not indicate proposed utilities or calculations, so we cannot comment on the impacts to the existing systems at this time. It should be noted that the proposed development will need to obtain permits from both the City of Livonia and Wayne County for any proposed utility work, as well as provide storm water detention per the Wayne County Storm Water Ordinance." The letter is signed by David W. Lear, P.E., Assistant City Engineer. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Unidentified audience member: I can't see it. It's not clear. Mr. Wilshaw: Sir, we'll try to zoom in on the sections as best we can. You may need to look at the TVs to see the pictures as well. Unidentified audience member: Is there some reason a map wasn't sent? Mr. Wilshaw: Sir, we have an order for our meeting. We're not at the point where we have public comments. We're just getting background. We'll get to a point where you can ask questions. We're not there yet. Unidentified audience member: He can't see. Mr. Taormina: If you could, have him sit down in one of the seats right underneath the television. They will be showing the plans on the television. It will be much easier to see. Mr. Wilshaw: Are there any questions for the Planning staff at this time? Seeing none, we will go the petitioner. Please come forward and state your name and address for the record please. Robert McCann, 21445 Holmbury Road, Northville, Michigan 48167. Thank you for the opportunity to address you this evening. As we had mentioned earlier, we're trying to build something that the city doesn't really have, kind of a high end luxury community for July 12, 2016 27716 seniors in the heart of the city. We understand there has been some concerns from local residents, particularly in regard to the height of the building. Do you have the video, Mr. Taormina? I had asked an old friend of mine, a former top gun pilot who likes to play with drones, and he brought it out and we took some video from Silver Village and from the south end of the lot line so that we could show, in effect, what is going in. It's going to be difficult, I know, what I'm looking at. At the top left part of the screen, you'll see an arrow. This is a view from Silver Village. Where it says 80 foot angle, that is 80 feet in the air which should be at least 25 to 30 feet above the proposed ceiling of the buildings. What I want to make sure and to ensure to the residents, particularly those in Silver Village, that we're not building a monstrosity that no one is going to look down into their bedrooms because you're not going to be able to see. These buildings will be about 55 feet in total height. As we see, the second part of this building as it goes up, this is from Luther Lane and these trees on the left are not part of our property. These trees are there and will have to stay there as part of zoning that was done for the property that's immediately adjacent to us. As you can, as the video goes up, it will pop up at each individual site. There's 25 feet. There's the approximate building height, about 50 feet, still well below the, lack of a better term, timberline. So you're clearly going up as much as 35 feet above the maximum height of the building before you get to the top of the tree line. At that point, you'll see the 85 feet pop in here in just a moment. You're still not to the top of the tree line. We wanted to do our best to make sure that everyone understood that this is not going to be an encumbrance on anyone. What we're trying to achieve here is not to maximum density for our own pockets. We're trying to build something that the community needs and something that the community doesn't have, a first class luxury senior housing community. Mr. Wilshaw: Thank you, Mr. McCann. Is there anything else you need to tell us at this time? Mr. McCann: The only thing that we had discussed, the first building there, which our plan at this point, there's one thing that was mentioned in the original plan that included carports. Our intention is to put in garages, not carports. And that first building, our intention is to flip it so it faces north and south. It gives you better curb appeal, a much more aesthetic quality for the front of the building which will face Farmington Road as opposed to the side of the building. So it will be split into two building at three stories as opposed to four and give us a much better aesthetic view coming in from Farmington Road. And we're talking about archways and gates and things to make it very appealing when people drive in the July 12, 2016 27717 gates. Again, as it was pointed out by Mr. Taormina, the Luther Lane, which is to the north end of the property, and a new road to the south end of the property, is the emergency access road in a "U" shape. There should be no interference with any other properties up and down Farmington Road or Lyndon or anything else. In any kind of an emergency, it would be contained within that property line. Mr. Wilshaw: Thank you, sir. As we proceed with this particular item, it's worth reiterating the fact that this a rezoning request. We are looking at the zoning of the property. The site plan that has been presented is conceptual to give us a better idea of what could potentially be built at this site, but right now, the charge before us is to determine if the R-9-I zoning is appropriate for the land. Are there any questions for the petitioner by the Commission? Mr. Ventura: Mr. McCann, based on the video that you played, are we to understand that all of the trees that are the screen for the adjacent developments that exists today are on somebody else's land? Mr. McCann: My understanding, everything south of Luther Lane is the property behind us. Some of them are, I guess, on our property line. My mistake for that, but they are not coming down. That would be part of the . . . Mr. Ventura: As you may or may not know, construction activity has a very, very harmful effect on existing trees. As you change grades, it kills trees. Obviously, this is not an engineered site plan, so we don't know whether you're going to change grades or not. But my question to you is, would you be willing to guarantee that any trees that die, you would replace? Mr. McCann: I think that's part of the plan, is it not? If there are trees there that we say are going to be there, then we have to replace them should they die. Mr. Ventura: I meant will you guarantee it. Mr. McCann: I'm not going to guarantee you that we're going to replace a tree that dies for something that is not our fault. Our intention is to leave the trees there. If a tree dies because it's got Dutch Elm disease, we'd have no impact on that. I can't guarantee you, yeah, we'll just come in and plant a new 100 foot Dutch Elm tree. No, that's unreasonable. Mr. Ventura: Bob, as you and I both know, all the Dutch Elms died years ago. July 12, 2016 27718 Mr. McCann: I'm using that as an example. Mr. Ventura: I understand. But if it's reasonably attributable to the construction activity and sometimes it takes years for a tree to die, then would you guarantee replacing it? It's not a disease. It's a result of the construction. Mr. McCann: I would be willing to sit down and talk about something that is directly related to construction activity. Absolutely. For me to sit here today and say, oh, sure, I'll do that, that's an unreasonable request, I think. But I'd certainly be happy to sit down and discuss that. Mr. Ventura: Thank you. Mr. Wilshaw: Are there any further questions for the petitioner? Seeing none, if there is anybody in the audience that wishes to speak for or against this petition, we ask that you please come forward at this time? David Beech, 29115 Lauren. I'm a friend of Bud who lives in the property right next door. I'd like a clarification of Building #1. I didn't quite . . . when I was talking to Bud, he didn't understand what the flipping of the buildings and possibly three and possibly four stories. What does that mean? Mr. McCann: I'd be happy to. If you can see, Building #1, it's essentially the front of the building, the entrance to the building, at that point would be facing north. Our intention is to flip that building so that the front of the building faces east towards Farmington Road. So it would become instead of one building, two buildings; instead of one four-story building, two three-story buildings. So it would be flipped each so the facing would be to Farmington Road so the aesthetic quality of the entrance would be enhanced. Mr. Beech: The building would be cut in half. Mr. Wilshaw: Mr. McCann, Mr. Beech, just so that we can kind of keep things going on an orderly basis, if you could just give us all your questions, sir. And then what we'll do is, we'll direct any of those questions to the petitioner. Mr. Beech: Ask you the questions? Mr. Wilshaw: Yes, please. July 12, 2016 27719 Mr. Beech: Will that be wider then when you break that into two buildings? Will this one building that is broken into two buildings, will that be actually wider than the depths that it is right now? Mr. Wilshaw: That is a question we can ask. But keep in mind sir, that we are looking at the zoning of this land, the actual use of the land. The site plan, which is questions that you're asking about, this is all conceptual at this point. We're not going to be approving this site plan that you see tonight. Mr. Beech: Oh, I see. Mr. Wilshaw: If the zoning is approved, the site plan would come back and we would get into all the details about landscaping and the placement of the buildings and all the detail. Mr. Beech: And for the four stories you're referring to also? Mr. Wilshaw: Exactly. Mr. Beech: Okay. Well, in reference to that, he did say it would be three stories there instead of four. Is that right? Mr. Wilshaw: Yes. The zoning would allow up to four stories. He can certainly put in the buildings that are less than four stories. Mr. Beech: Okay. And just for general knowledge. Does Livonia allow four story buildings? Mr. Wilshaw: Yes. Mr. Beech: I mean generally? Mr. Wilshaw: Yes. In this particular zoning, the R-9-I zoning, four story buildings are allowed. Yes. Mr. Beech: Okay. But you have to get special zoning for a four story building in Livonia. Is that right? Mr. Wilshaw: It depends on the zoning. There are commercial zoning districts that allow for four story buildings. There are residential that allow for it. We have apartment buildings. We have McNamara Towers, and other buildings that are much more than four stories. Mr. Beech: Okay. Very good. When will the site plan be talked about? July 12, 2016 27720 Mr. Wilshaw: If the zoning is approved tonight or even if it's denied and he appeals to the City Council, then a site plan could come forward at that time. It would be another, Mr. Taormina, probably a month or two? Mr. Taormina: At least. Mr. Wilshaw: It would be a couple months before we would see the site plan. Mr. Beech: A couple months. And will they send a site plan to Bud's house? Mr. Wilshaw: They will not send the actual plan. They will send notification of the meeting. Because you've given us your name and address, we can make sure and if he's in the radius, he's around the property, correct? Mr. Beech: Right. Mr. Wilshaw: So he will get notification of that. Mr. Beech: Like this plan in the mail? Mr. Wilshaw: They won't send the actual plans, no. Just a notice to come to this meeting, and then you can see the plans. You can always work with the Planning Department to see those as well. It's all public information. Mr. Beech: Well, that's his major concern is what the actual buildings are going to be and how close they're going to be to his house and I'm sure that everybody else has with the four stories the same thing. It's really close right on his property. Thank you very much. Mr. Wilshaw: Thank you, sir. Mrs. Smith. Josie Smith, Silver Village, 33648 Lyndon, Livonia, Michigan. I've been a resident 58 years here. I live at Silver Village. I've been there 24 years because I didn't think I would live this long. I have a couple of questions. The one is, Luther Lane. Now, you have your road there at Luther Lane. The other road is coming in where the white house is. Have I got this right? Is that going to make the circle and connect to Luther Lane? Okay. So that means the traffic still would be coming out by us at Silver Village. Mr. McCann: It can go either way. Mrs. Smith: Well, why? July 12, 2016 27721 Mr. Wilshaw: Again, Josie, please ask your questions to us. We'll direct them over to the petitioner after you have a chance to speak. Mrs. Smith: Pardon me. I'm sorry. Okay. Luther Lane comes down from the nursing home all the way down. I figured when I went back and saw that, the other road is going to be by the title company behind that parcel of land there. Okay. That's where the road comes in. So that still would be a lot of traffic coming in and going out Luther Lane. Am I right? Mr. Wilshaw: Yes. There would be a connection between this property and Luther Lane. Mrs. Smith: I beg your pardon? Mr. Wilshaw: There would be a connection between this proposed property and Luther Lane. Then the other connection would be directly off Farmington Road. So both the direct access to this property and the access from Luther Lane would go to Farmington Road. Mrs. Smith: Okay. The only reason I ask this, I'm thinking of a fire. As you know, our city ordinance says you do have to have two driveways. But five years ago at Silver Village we had a fire, a furnace fire. Well, they were there right away because the police and fire department are so close, but they come in on silent alarm so they won't bother the residents. Okay. I'm in Building 4 on the other driveway. It's raining. I get in my car to go play cards at Building 17, didn't know there was a fire there. When I went around the corner by the activities room, lo and behold, the fire department, the police department, the rescue squad because of us old people, you send everybody. I know you do. So that meant, there we were. If that fire would have spread from 17 to 1, we still only had one little driveway to go out, and that's what I wonder about that, the fire. Am I looking at it wrong? Mr. Wilshaw: What we will do is, once you're all set with your questions, we'll have the petitioner come forward and he can address that issue of traffic flow and hopefully explain that to you. Mrs. Smith: Okay. Mr. Wilshaw: Are there any other questions that you have? Mrs. Smith: Yes. I saw the view from the trees. You said you can't see us. Well, trees only last so long. You have wintertime coming. So you will be able to see I think. That is one of my concerns. We are concerned there at Silver Village. Now, we do help the nursing July 12, 2016 27722 home. Some of us have been over there and we visit there. It's nice. Believe me. But I am concerned. My big thing is about fire. I've been in two fires. I'm petrified of them. Thank you. Mr. Wilshaw: Thank you, Mrs. Smith. Patricia Wattle, 33734 Lyndon, Livonia, Michigan. Part of Silver Village. I'm coming from a different angle. I'm a professor of senior services and gerontology at Madonna. So I'm a resident. I just had some concern about demographics and I didn't want . . . while I certainly understand this is Planning and approvals, I wanted everybody to take into account not to approve something if you can't go forward with it. My concern was that this would be quality housing for Livonia residents, but more so, what would define an elderly person when you have it zoned as elderly. When we started Silver Village, I know that the definition of an elderly person has changed considerably. In today's world, elderly is not 55 anymore. Elderly is not 65 anymore. So I wanted to make sure that we had taken into account what that involves, okay, and who is going to make the decision of who lives in that housing. Then also, as far as senior services, has the city considered the senior services that would be necessary when you add this many more, 224 more units, what kind of services. I did work at the Civic Park Senior Center for six years and I know that our services were great, but they could be much better and I want to make sure that that's thought through so that we can make sure we provide an attraction to the people that want to go and live there. So my question is, have they looked at the demographics of that and I'd be glad to share studies that we've done already at the center. Mr. Wilshaw: Thank you. Ms. Wattle: One more question. Is this model of financing for the people that are going to live there similar to the Henry Ford Village or more similar to the Marycrest Heights? Mr. Wilshaw: We'll ask that question. It's a good question. Thank you. Seeing no one else come forward, if the petitioner would like to please come back. He's had a chance to hear some questions asked by the audience. If you would like to address some of those, I'm sure he could do so now. Mr. McCann: I'd be happy to. Again, on the egress off of Farmington Road where Luther Lane comes in to the west. The circular road goes around to the north and then back out to the east. That is the "U" road. There should be no interference for traffic at Silver Village whatsoever. July 12, 2016 27723 Mr. Wilshaw: There is no connection to Lyndon or Silver Village. Mr. McCann: There is no connection to Lyndon at all. No. Mr. Wilshaw: Okay. We had a question about demographics. Mr. McCann: The target market here is 55 and older. And in terms of rent payments, this is non-subsidized housing so we're not comparing ourselves to either of the locations that you mentioned. Mr. Wilshaw: So the residents that would live here would pay fully out-of-pocket for their facilities? Mr. McCann: Yes. Mr. Long: Is there a down payment to get in, a down stroke in order to get in? Mr. McCann: We haven't gotten to that point yet. Reasonably, there would be a security deposit, but we're not at that point yet. Mr. Long: Okay. But it would be a lump sum payment similar to what she was talking about? Mr. McCann: No. Ms. Smiley The lady made the point that the view was taken when everything was in full bloom. We don't know what it would be like but the point is, is that it's well below . . . Mr. McCann: The total building height, and I'm talking about the top of the building, not where there are windows, it's still at least 30 feet below the top of the trees. Ms. Smiley: Okay. And then you said this is non-subsidized. So it's not necessarily just for Livonia residents. Mr. McCann: Maybe it's for new Livonia residents. Wouldn't that be nice? Ms. Smiley: That was my question. Okay. Thank you very much. Mr. Long: Do you have an estimate of how many jobs this would create? Mr. McCann: I don't. Not yet. We're too early. We're in the embryonic stages. We'll get there. July 12, 2016 27724 Mr. Long: I understand. Mr. Wilshaw: Are there any others questions? If there are no further questions at this time, we can close the public hearing. We will ask for a motion. On a motion by Smiley, seconded by Long, and adopted, it was #07-74-2016 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 12, 2016, on Petition 2016-04-01-03 submitted by Dave Phipps pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the properties at 14851 and 14931 Farmington Road, located on the west side of Farmington Road between Lyndon and Five Mile Roads in the Northeast 1/4 of Section 21, from OS and R-2 to R-9-I, the Planning Commission does hereby recommend to the City Council that Petition 2016- 04-01-03 be approved for the following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding zoning districts and land uses in the area; 2. That the proposed change of zoning would provide for the development of the subject property in a manner that is consistent with its size and location; and 3. That the proposed change of zoning would provide for a greater variety of housing opportunities to serve the area as well as the City as a whole. 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? A roll call vote on the foregoing resolution resulted in the following: AYES: Smiley, Long, Caramagno, Wilshaw NAYS: Ventura ABSENT: McCue ABSTAIN: None July 12, 2016 27725 Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Again to the residents, we will be revisiting the site plan when it's presented to us and that's where we will have opportunity to get into the real detail about the placement of buildings, landscaping, and all the details of this particular petition. ITEM #2 PETITION 2016-06-01-04 SOAVE/ORO CONSTRUCTION Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2016- 06-01-04 submitted by Soave/Oro Construction, L.L.C. pursuant to Section 23.01 of the City of Livonia Zoning Ordinance#543, as amended, requesting to rezone the property at 28200 Lyndon, located on the north side of Lyndon between Harrison and Barkley in the Northeast 1/4 of Section 24, from R-U-F to R-2. Mr. Taormina: This is a request to rezone property on the north side of Lyndon between Harrison and Barkley. The request is to rezone this property from R-U-F, Rural Urban Farm, to R-2, One Family Residential. The property is 2.71 acres in size. It includes 346 feet of frontage along Lyndon and has an average depth of roughly 340 feet. The property is the location of the former CB (Compton- Buckingham) Swim Club. The swim club has been closed for a number of years. The front part of the site contains an old swimming pool as well as a clubhouse and parking lot. The rear portion of the site is undeveloped and maintained as an open field. The purpose of the rezoning would be to allow for the development of single family homes that are in accordance with R-2 district regulations. The R-2 zoning requires a minimum lot size of 70 feet by 120 feet and each lot area would be a minimum of 8,400 square feet in size. The land area requested to be rezoned is sufficient in size to allow for the division of the property into approximately eight single family homes. This is actually the third rezoning petition involving the CB Swim Club property. The swim club site was originally much larger extending all the way to the north to Oakley Avenue and to the west to Harrison Avenue. In 1988, the land area, roughly 1.70 acres in size, that included all the Oakley Avenue frontage, was rezoned from R-U-F to R-2. The petition was approved and the property was subsequently divided to form six lots that adjoin the north property line of the CB Swim Club site. In 2005, the westerly 120 feet of the CB Swim Club property, which is its entire Harrison Avenue frontage, was rezoned from R-U-F to R-2. Approved was a six lot development which are all site condominiums. The surrounding land uses in July 12, 2016 27726 area include to the north, residential homes zoned R-2, the same classification that is proposed for this property. The same zoning, R-2, exists to the east as well as to the west of the property. To the south is Perrinville Early Childhood Preschool which is zoned PL, Public Lands, as well as an additional residential development that is zoned R-1, One Family Residential. The Future Land Use Plan for his property does designate the area as Low Density Residential, which corresponds to a density of between one to five dwelling units per acre and is consistent with the proposed R-2 zoning which would have an anticipated maximum development density of roughly three dwelling units per acre. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Please. Mr. Taormina: There is one item of correspondence from the Engineering Division, dated June 27, 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 rezoning at this time. The legal description included with the petition appears to be correct and should be used. The existing property is assigned an address of #28200 Lyndon Avenue. The existing building is currently serviced by public water main, and storm and sanitary sewers. Should the owner wish to re-develop the property, drawings will need to be submitted to this department to determine if permits will be required."The letter is signed by David W. Lear, P.E., Assistant City Engineer. Thank you. Mr. Wilshaw: Are there any questions of the Planning Director? Seeing none, is the petitioner here this evening? We will need your name and address for the record please. Brian Duggan, 14315 Denne, Livonia, Michigan. I'm here to represent Mr. Soave on this project. Mr. Wilshaw: Thank you, sir. Is there anything else you'd like to add to what you've heard? Mr. Duggan: I think Mark did a fine job. I just wanted to add the fact that the swim club has been vacant for many years and the pool is unsafe. Kids are out there playing around in an area that would obviously be best for the overall area if we demolished that and put some new homes in there. July 12, 2016 27727 Mr. Wilshaw: Are there any questions for the petitioner? Is there anybody in the audience that wishes to speak for or against the granting of this petition? Can we have your name and address? Peter McCoy, 28235 Oakley, Livonia, Michigan. My house abuts right behind the property. I'd just like to say that I'm hoping that it doesn't go in because we'd like to just keep it, hopefully turn it into a park or something else. I'd just hate to see houses constructed up tightly against our houses. I don't know. It might be a down side to other homes in the area to have so much a tight fit with homes in there. That's my feeling. I wouldn't be too happy about it. Mr. Wilshaw: Are there any questions for Mr. McCoy? Mr. Caramagno: Which house are you, sir? Mr. McCoy: I'm at 28235. Mr. Caramagno: How far off of Harrison? Mr. McCoy: I'm about five houses down. Mr. Caramagno: Have you lived there since the property was rezoned to allow for houses to be built? Are you one of the original buyers? Mr. McCoy: I'm the second owner. Mr. Caramagno: Second owner of that house. Mr. McCoy: Yeah. Mr. Caramagno: Are you're saying you'd rather see this property undeveloped? Mr. McCoy: Yes. I understand what they're saying about the pool and so forth, but it would be nice if it was filled in and turned into a park or something to that effect. It just seems like the houses . . . if this could have been thought through better when the homes went in on Harrison, and it doesn't seem like it's a very good fit to put those homes in like that coming in off of Lyndon. Mr. Caramagno: So you're saying you don't think this pool property would be in harmony with what's built there now? Mr. McCoy: Yeah. That's how I feel about that. I don't like it coming off of Lyndon. I think if it was originally done right, you would have an entrance off of Harrison Street. July 12, 2016 27728 Mr. Caramagno: Thank you. Rick Anthony, President, CB Swim Club, Inc., 14833 Santa Anita Avenue, Livonia, Michigan 48154. I am also the President of the CB Swim Club, Inc. We are working along with Mr. Soave to turn this into something that can be used. The pool club, just to give you a little bit of history, closed in 2008. It has been a pretty big financial drain on those current owners of the club. We have certainly made every attempt. The property is fenced. We've never had any problems with people going around in there, but you can look at the property plat of everything around it and there's houses everywhere. It is the absolute highest and best use for this land. So I just wanted to get up and say that. Mr. Wilshaw: Okay. Thank you. Belinda Eleson, 28154 Lyndon, Livonia, Michigan. Good evening. I live right next door to the CB Swim Club. First of all, I want to thank you for affording me the opportunity to speak. I have lived in my home for 22 years now. I was never a member of CB Swim Club. While it was open, we had no issues, but since it has closed, it has turned into blight. I mean the overgrowth is horrendous. My fence line is ridiculous. I have trees growing through my fence that I cannot maintain, shrubbery, what have you, has been like that for years. I have asked repeatedly to please clean it up. It has not happened. As far as the pool, the pool is completely collapsed. It's buckled. It fills with water. I myself and other neighbors have called the City to ask to have the pool drained because not only, one, it's dangerous to children or anybody who gets in there and I disagree with you, sir. There have been people who have gotten in there because I have called the police on three different occasions. Teenagers have been in there trying to loot. It's a hazard. It's dangerous. It's not good for anybody around there, not to mention the mosquito problem that it causes by the pool filling. I think you can only drain so much because there's still water in there which attracts mosquitos. I can't imagine living right behind it and looking out at that every day. Those houses are expensive. I would not want to look at that. I don't like seeing what I see being right next to it. So as far as houses going in there, I see it as being a plus if it, in fact, is homes. I'm not fond of apartments or anything like that, but homes I think would be good. And as far as having a park put there, we have a huge park right across the street adjacent to the school. Dooley Park is there. Compton Park is just down the street. So that's my two cents. July 12, 2016 27729 Mr. Wilshaw: Seeing no one coming forward, I will give Mr. Duggan an opportunity if he would like to add anything else from what he's heard. Mr. Duggan: I just want to assure the neighborhood that our intent right now is to put single family homes in there. Mr. Wilshaw: The zoning would be R-2, which is single family homes, 70 foot width by 120 foot depth. That's consistent with what's in the area. Is there anything else from the Commission? Ms. Smiley: Through the Chair to Mr. Taormina, I'm reading the petition. It says one family residence, 9,600 square feet. Is that right? Mr. Taormina: No. We made that correction. Ms. Smiley: So it's 70 feet by 120 feet. Okay. Thank you. Mr. Wilshaw: Thank you. for clarifying that, Ms. Smiley. Are there any other questions? Mr. Long: Mr. Duggan, while you don't need a site plan yet, has there been any thought to the positioning of the homes? Would you have an "L" shape going on here or would it be a court? Mr. Duggan: Mark can answer this better. Way back when they started Oakley, I believe, the city came up with a design like a court, but Mr. Soave is looking at all his options right now. It was originally planned by the city to be a court in there. Mr. Long: Thank you. Mr. Wilshaw: I believe we can close the public hearing on this item. Thank you, Mr. Duggan, for coming forward. A motion would be in order. On a motion by Ventura, seconded by Smiley, and unanimously adopted, it was #07-75-2016 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 12, 2016, on Petition 2016-06-01-04 submitted by Soave/Oro Construction, L.L.C. pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the property at 28200 Lyndon, located on the north side of Lyndon between Harrison and Barkley in the Northeast 1/4 of Section 24, from R-U-F to R- 2, the Planning Commission does hereby recommend to the City Council that Petition 2016-06-01-04 be approved for the following reasons: July 12, 2016 27730 1. That the proposed change of zoning is compatible to and in harmony with the surrounding land uses and zoning districts in the area; 2. That the proposed change of zoning will provide for single family residential development similar in density to what is existing in the neighboring area; 3. That the proposed change of zoning is consistent with the Future Land Use Plan designation on the subject property of low density residential land use; and 4. That the proposed change of zoning represents an extension of the existing zoning districts occurring on adjacent properties to the north and west. 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, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Similar to our previous petition, this was for zoning. The site plan will be coming forward in the future so we will see the details of that location. ITEM #3 PETITION 2016-06-02-11 LIVONIA OFFICE CENTER Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2016- 06-02-11 submitted by Livonia Office Center requesting waiver use approval pursuant to Section 9.03(m) of the City of Livonia Zoning Ordinance #543, as amended, to operate a massage establishment (Refuel Massage) within the Livonia Office Center at 28200 Seven Mile Road, located on the north side of Seven Mile Road between Inkster and Middlebelt Roads in the Southeast 1/4 of Section 1. Mr. Taormina: This is a request to operate a massage establishment called Refuel Massage. The location is the Livonia Office Center, which is on the northwest corner of Lathers Avenue and Seven Mile Road. This property is about 0.75 acres in size with 120 feet of frontage along Seven Mile by 270 feet along Lathers. The zoning of the property is OS, Office Services, which allows for massage establishments as a waiver use pursuant to Section 9.03(m) of July 12, 2016 27731 the Zoning Ordinance. The office building on this property was built in the late 1970's and contains a gross floor area of about 10,540 square feet. The building faces Lathers with parking in the front located between the building and the street, as well as on the north and south sides of the building. To the north, east and west of the property are residential homes under the R-U-F zoning classification. To the south, across Seven Mile Road, there is a variety of both commercial as well as residential uses. This proposal would utilize one of the units on the lower level of the building as a massage establishment. It's identified as Suite #108 and is located towards the south end of the building. This space is roughly 400 square feet. The latest floor plan that was submitted to the Planning Commission indicates that there are seven rooms that make up Suite #108 including a waiting room, reception area, one massage room, a facial room, restroom, break room, and storage space. Refuel Massage apparently has been operating at this location for approximately one year. The owner was issued a violation notice by the Enforcement Division with orders to cease operations and apply for the required waiver use. There was another massage establishment within this complex in the adjacent unit, #109, that operated until recently. They were providing massage without authorization, and there was an investigation. That business was shut down as a result of some illicit activities, and they have since vacated the premises. So this is a massage establishment that apparently has been at this location for some time and it was separate, as we've been told, from another user which has since left the building. Parking is established at a ratio of one space for every 200 square feet of useable floor area. That would require a total of 42 parking spaces. The site actually exceeds that requirement. There are two required elements to these types of businesses in terms of special land use requirements. The first is that they cannot be located within 400 feet of any other property which is either occupied or approved for a massage establishment. This proposed massage establishment would be in compliance with that provision. As of today, there are no other massage establishments located within 400 feet of the proposed location. Secondly, the ordinance requires that no massage establishment be located within 400 feet of a school, place of worship, state- licensed day care facility, public library, playground, or public park. Again, this establishment would be in compliance with that special requirement because no such uses are located within 400 feet of the proposed business. I will point out that you do have new information submitted today which gives you a more detailed breakdown of where the rooms are within this particular suite. That was information that was discussed at the study session and July 12, 2016 27732 the plans have now been submitted. With that, I'll read out the correspondence. Mr. Wilshaw: Please. Thank you. Mr. Taormina: There are two items of correspondence. The first item is from the Engineering Division, dated June 27, 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 legal description included with the petition appears to be correct and should be used. The existing property is assigned an address of 28200 Seven Mile Road. The existing building is currently serviced by public water main and storm and sanitary sewers. Should renovations to the building require alterations to the existing services, drawings will need to be submitted to this department to determine if permits will be required."The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated July 11, 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 are requesting this petition be placed on hold until the following information is received: Additional architectural drawing for suites 108 and 109 to be submitted by a licensed architect. Hand drawn pages that were submitted did not seem correct in their layout in relationship to page 2." The letter is signed by Daniel Lee, Fire Marshal. Thank you. Mr. Wilshaw: Are there any questions of the Planning Director? Ms. Smiley Through the Chair to Mr. Taormina, was there a letter from the Police Department or just the Fire Department? Mr. Taormina: Apparently, we have not received anything from Police or Inspection as of this hearing. Ms. Smiley: Were both massage establishments operating at the same time? Mr. Taormina: It was my understanding that there was a time when they were both operating concurrently. That is correct. Ms. Smiley: And the one in #109 was illegal? Mr. Taormina: They were both unauthorized by virtue of the fact that they never went through this process. The one in #109 is no longer in operation. I really can't speak to the details of that investigation July 12, 2016 27733 but it's my understanding that they are now gone. Maybe the owner of the property can provide more information in that regard. Ms. Smiley: I just want to make sure the good one was the one in #108. Mr. Taormina: That's my understanding. Ms. Smiley: It's not authorized or legal. Mr. Taormina: That's correct. Ms. Smiley: Thank you. S. Chand Marwaha, 3665 Valley View Lane, West Bloomfield, Michigan 48323. Mr. Wilshaw: Would you like to add anything you've heard so far tonight? Mr. Marwaha: I just want to clarify the situation in #109. That situation has been cleared by the police and they have arrested the individual, the owner. As I said many, many times, I was under the impression they're legitimate and they are qualified and licensed, but the act was committed by an employee. The owner sometimes does not have any control because they are not there all the time, including myself as a landlord. I couldn't be there. So the #109 situation was one of a million. I've owned this building for 26 years and we never had a situation like that. Unfortunately, people do commit crimes without the knowledge of anybody and everybody. So with all due respect to you, #109 has been shut down and I took the possession back. The court has given me possession back to me. It has been re-rented to a skin clinic. So there is only one massage, this one. If you look at the drawing, the massage itself is only about 150 square feet. It's not more than that. The other one is a facial room, and then storage and a break room. So technically, I'm requesting less than 200 square feet approval on the massage. These people have been wonderful, credible people. They have been there more than a year. I had no complaints. They're helping other businesses also in the building. The other businesses, when they come they look at the massage. They go there and they have admired and they have called on some occasion and say how nice it has been. So I believe we are serving the community. As far as the#109 situation, it's all behind us. Twenty-six years it never happened. It happens anyplace and every place. People do commit a crime without knowledge of the superiors. So with all due respect to you, this will be a nice thing to happen to the community for service standpoint of view. Also, they're a good tenant. The building is hard to rent to any medical suites and all that because all this medical buildings are now July 12, 2016 27734 brand new and they have all the new equipment. So I cannot rent to medical suites or office suites. It's very hard. This place sit empty for six months and I could not rent it. Finally, I broke down and rent it to these people to cover the cost of operations. Still, the building is 30 percent empty and it's not covering the cost. But I'm keeping it because I love the City of Livonia. I have been there 26 years and I've done everything to make the building look better. But I sincerely apologize for the incident on #109. That's taken care of. Police have arrested the woman. She has been arraigned and she never came back. As a matter of fact, everything was left there. We had to put it out. So I beg for your approval on this and I hope for 200 square feet I don't want to lose a tenant. They pay well. They pay on time. They keep the building nice and I had no complaints, neither my tenants. So I beg for this committee to approve this and it will help me. There's not many good massage places in the city. I have been told this is one of the best and people have come as far as Pontiac. People called me and said what a good experience it has been. Plus it's helping other people. People come for tax preparation; they see Refuel Massage. They want to come and try it. So it's not only helping ... the psychologist, they are referring their clients also. It kind of serves other tenants also, and it helps me financially. All the taxes are current. The water bill is paid. The building is well kept up. As far as the plans are concerned, they have been submitted by Philip Goss. He has submitted all the drawings to the Building Department. So they have all the information and what they need. If anything needs to be done, I'd be happy to comply with their request, from the City, from the Building Department, anyplace. Mr. Wilshaw: Thank you, sir. Are there any questions for the petitioner? Mr. Long: This suite, #108, this is the part of the building that's closest to Seven Mile Road. Is that correct? Mr. Marwaha . That is correct, sir. Mr. Long: Okay. Is there any signage for the massage parlor? Mr. Marwaha: I believe there is one. Yes. Mr. Long: Does that sign go out to Seven Mile Road or is it just a little sign on your entrance? Mr. Marwaha: I think a little sign in the window. They couldn't afford it. They're trying to make some money. July 12, 2016 27735 Mr. Long: Thank you. Mr. Ventura: A question for Mr. Taormina. Mark, at our study session, I believe you mentioned that there were a number of building code violations in the property generally, and the petitioner was working on getting them resolved and up to code. Do you know if that process has been completed? Mr. Taormina: Has it been completed? No. My conversation with the Inspection Department late last week was that the petitioner was making progress towards that end, and that he had retained the services of an architect. That architect has provided information to the Inspection Department that allows them more or less to analyze the existing conditions of the building. What's needed next will require some improvements, mostly involving the access ways in the building. In discussing this with the Inspection Department, they did not feel that this particular unit was in violation of any of those ingress/egress issues. They would still need to go through final approvals for their occupancy permit for this space should it move forward, but I did not hear from them that there were any significant issues as it pertains to Unit #108 as far as building code violations. Apparently, the owner has been cooperative in providing that information to the Inspection Department to get those other issues resolved, but I think there's still going to be some work required to that end. Mr. Ventura: Thank you. Mr. Marwaha: I want to comment to all of you that I will do my utmost. In 26 years I have not failed on the city. I have talked to Mr. Jerome periodically. He had just submitted yesterday or today, I believe the architect has submitted the drawings which is 99 done. One of the items is left and I promised Mr. Jerome that I would take care of that, whatever takes to do it. So my commitment to all of you stands, that I will bring the best to the city in regards to compliance and regards to updates or anything. I'm very proud of the city. I've been here 26 years. I've done very well with the city. So I don't think I'm going to fail now. You can have my commitment in writing and verbally that I will comply with Mr. Jerome. I fully cooperated with his request. We have registered all the properties. We have allowed them to come anytime. The Fire Department has been there. We corrected all the things. So I reassure you that if any one of you will call me and say something needs to be done, I will not disappoint you. I will take personal interest to do that. July 12, 2016 27736 Mr. Wilshaw: Okay. Thank you. Are there any other questions for the petitioner? Mr. Caramagno: Sir, you said you're 70 percent occupied or 70 percent vacant? Mr. Marwaha: Seventy percent occupied. Mr. Caramagno: Is your occupancy, have you recently signed someone up? Because I'm looking at some of the documents you've sent. Have you recently signed someone up in there? Mr. Marwaha: Recently, but they have not moved in. They just don't have the money. They signed the deal but they haven't come up with the money. Mr. Caramagno: What kind of business is that? Mr. Marwaha: It's going to be skin care basically. Skin care. Mr. Caramagno: Skin care? Mr. Marwaha: Yes. But sometimes people do come and sign the deal but they don't come up with the money. That's the critical issue. And I'm trying not to put anybody there who's against the code. For example, I would not open another massage. If that person leaves, if it permits only to #108, nothing else. I can't put anything which is against the ordinance or the code. Mr. Caramagno: Okay. Just so I'm clear right now. There is no massage operating in the building as of today? Mr. Marwaha: To the best of my knowledge, no, sir. That's to the best of my knowledge. Mr. Caramagno: It's your building. To the best of your knowledge, is there a massage operation in there today or not? Mr. Marwaha: I don't . . . that's the only one I know. That's the only one I have allowed. Mr. Caramagno: When you say that's the only one you allowed, what do you mean? Is there one operating there today? If I go there to get a massage, can I go there tonight and get a massage? Mr. Marwaha: I don't know whether they're open right now. Okay. So. July 12, 2016 27737 Mr. Caramagno: That's what I'm getting at. They shouldn't be open. They don't have approval. Mr. Marwaha: Yeah, they don't. They can't because we are just waiting for the approval. Mr. Caramagno: But they've been open for a year? Mr. Marwaha: They have been open, yes. Mr. Caramagno: Illegally. Mr. Marwaha: I was not aware of that. That's my fault. Mr. Caramagno: I'm just trying to get it clear. Illegally, well, there was two. One providing illegal services. Mr. Marwaha: Yeah. One is gone and one is left. Now if you choose not to keep them there, I'll have to remove them. All I can say, on a going forward basis, I'm not going to rent to any massage. Even if it's empty, I'm going to leave it empty. Mr. Caramagno: Okay. Thank you. Mr. Marwaha: Keep in mind. It's only 200 square feet out of 10,000. If you choose not to keep them there, I will give them a 30-day notice to move. Mr. Wilshaw: All right. Thank you, sir. Mr. Marwaha: I will comply with your request. Thank you. Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or against this petition? I know we have one resident here. Gary Williams, 28112 Seven Mile Road, Livonia, Michigan. I have a document for you. Mr. Wilshaw: Yes. If you want to bring them over to Mark, he can distribute them. Mr. Williams: Where do we start? Golly. I gave you some paperwork. I have a master copy. I'll go through this. The reason I brought up the human trafficking is we've had a lot of problems here. Okay. A lot. And I know he stresses that he hasn't had that many, but there's been numerous, numerous investigations as long as a year long in some cases that I've been told by the zoning July 12, 2016 27738 commission that they had a hands off last year on it. Officer Painter was supposed to contact some of you guys here to address some other issues that we had. We don't just have prostitution there. I can't speak on it because it might be an ongoing investigation. I don't want to blow it for somebody. It's been a nightmare over there. Chinese Relaxation on page two here. That woman, my understanding, remember her? She fled back to I believe Asia to avoid prosecution. She was running a pretty large scale operation there. That was back I think in 07, something like that. And we got the other one, Golden Massage. That was another problem. They've made several arrests on that one. We have a way of escape. They just, as a matter of fact, Eric Goldstein, I was on the phone with him about two months ago and he had to fill in for the prosecuting attorney and they just tried one of those cases from that building there. This is just ongoing and ongoing. I've been fighting this thing for six or seven years now, and it's getting really tiring. As a matter of fact, I'm at the point to where I'm going to ask the Council tonight, because I feel that I've exhausted all my avenues regarding city help. I tried to mediate. I called these people. They told me they could get away with whatever they want. The little guy, I dubbed him tattoo. He wears a tuxedo all the time. He's always over there. Every other day hugging people. So they know what's going on. They know the people there. We have a school down the street. We have a park down the street. We have a community. I have five letters I submitted. I walked around. They had no problem signing it. We all know the problems. March 29, 2016, nine undercover police officers with M-16s, bullet proof vests, entered that building, stayed there for two hours pulling stuff out of that building. I called Chief Caid. He said they were executing, get this, executing a building violation. I don't know. Maybe it's true. He asked me if I was some type of patriot. I go, no. I'm a neighbor. I live across the street from this stuff. I don't know what else to say. I can go on and on and on. We all know this has been a troubled building. It's an eyesore on top of everything else. I have a couple numbers for demolition companies. I mean I'm sure they'd work out a deal with him. But, the truth of the matter is, I need somebody from the state, and I'm going to ask this right now. I need mediation. I don't feel comfortable just sitting down with Eric Goldstein without an attorney, and I don't feel I should have to pay for another one. You know what I'm saying? I mean, so if you guys could offer me a phone number. What's my recourse? You know, when I see all this stuff happening, because it seems like there's been a blind eye turned for so many years regarding this and it's not just prostitution. Okay. I mean it's a lot of other things. But how do you prove all this stuff? I know this. And you know that it's been bad over there. You have to. Every one of you received emails from July 12, 2016 27739 me. I emailed the Mayor. I've left voice mails. I mean this is getting out of hand now. When is this going to end? Do we have to keep doing this and doing this? Isn't there something within the city that can say, there's been too many problems with this particular building that the County can step in and you seize it or something? I mean, we have a school down the street. We have neighbors. Mr. Wilshaw: Mr. Williams, I think it's safe to assume that you are against this petition? Mr. Williams. Oh. I'm sorry. Yeah. Very, very much so. As a matter of fact, I am putting my home up for sale next spring because of this. I've gotten to the point where we feel a little unsafe now. I've got cameras everywhere on my house. I have two years of video on SD cards. I mean I saved them. If someone wants to look at them or if you want to streamline the camera I've got on my garage, it points right at the building. I mean, this is out of hand. This is too bad. This could be something decent. I think it would be a good community building for the seniors or something like that, something a little more positive than what's been going on over there, but I am against it. Okay. I presented the letters from the other neighbors that couldn't be here either. Mr. Wilshaw: Yes. Thank you. We appreciate that. Mr. Williams: I'm sorry. I'm just not very good at this, but I'm angry. Mr. Wilshaw: You're doing fine. We just want to keep you on point. Mr. Williams: Thank you for that too. Mr. Wilshaw: Thank you, sir. Are there any questions for Mr. Williams? Thank you, sir. Mr. Williams: I had a lot more. Believe me. I've got a stack of stuff. And this goes back about eight or nine years. I went on Google's archives and typed that stuff in. This #108 was one of the major problems over there by the way. I want you to know that. Mr. Wilshaw: We see there's a number of different . . . Mr. Williams: And if you go on Craig's List, I cross referenced the phone numbers. You can find them on Craig's List too and they were attached to a Farmington location too. So I'm done. Mr. Wilshaw: Thank you, sir. Is there anybody else wishing to speak? July 12, 2016 27740 Amanda Oliverio, 19305 Brentwood, Livonia, Michigan. I'm parallel. My only question would be for the owner, what is these hours that this massage is running for both of them, I guess. Because I believe that the worry was is that it was late at night. So that was my only question for them. Mr. Wilshaw: That's a fair question. Thank you. We will ask the petitioner that. Mr. Williams: I did have one more. Mr. Wilshaw: Mr. Williams, go ahead.. Mr. Williams: After the last meeting, I made contact with the city, the Mayor's office and Eric Goldstein's office. Now, they've got a CPL training course over there, I guess. They got the beauty hair thing over there going. They've got the bridal salon going. This place is packed like a Walmart. Now, I don't know if you're aware of the school down the street. When school's in session, it's bumper to bumper. You cannot move there, and now this is becoming more impacting. If there was a fire down the street or something like that, I mean, I would hate to see that someone would have to, you know, die or the house burn up because they couldn't get down because of the excess traffic that we've been adding from this building. I appreciate the fact that this gentleman wants to progress and build and make it positive, but it's not positive over there. And I believe those buildings, those businesses, are out of zone and out of ordinance still. I still didn't get my answers. Is there somebody that can give me an answer? Do I have any recourse? I mean outside the city. Somebody I can contact because I do feel abandoned on this whole situation here. I mean, before I moved in, the problem is, my property sees everything. The rest of the neighborhood, unless you're driving by and you're actually looking, you don't see anything. So this is why it's survived for so long. But it's been the focal point of many, many investigations and that is on record. Mr. Wilshaw: All right. Thank you, Mr. Williams. In terms of what we can do for you tonight, we are dealing with the waiver use of the massage for this location. That's really all that's before us and all that we can deal with tonight. If there are other resources that you can avail yourself of for your other issues, you know what those are, I think, already. You've tried them. We're all set. Sir, the petitioner. If you'd like to . . . Mr. Marwaha: Give me a question. Which question would you like me to answer? July 12, 2016 27741 Mr. Wilshaw: Let's start with the question of the hours of operation that was asked. Mr. Marwaha: Hours of operation. The optical, which has been there for the last 35 years, they open in the evening 6:00 to 9:00 and 6:00 to 10:00 sometimes. They don't open during the day. They are part time. So they would be open in the evening. Mr. Wilshaw: That's the optical or the massage? Mr. Marwaha: Optical. Mr. Wilshaw: We're just interested in the massage. The massage would be closed by what time? Mr. Marwaha: By 6:00 at the most. They don't open all the time. They do by appointment. So there's not much of a traffic issue. The second issue is the tax preparation. The tax preparation, the guy works all kinds of hours depending upon when people want to come. Mr. Wilshaw: We're talking strictly about the massage tonight. Mr. Marwaha: Massage is not open but she's pregnant first of all. She's not operating as far as I know. And secondly, we are waiting for your permission. But thirdly, as far as hours are concerned, the building is open 24 hours a day. People like optical, they're only open three days a week. You have a sign on that. Six to nine. So six to nine or ten, whatever time they take. The dentist, also, he works late hours. He makes dental. Mr. Wilshaw: Sir, we're strictly talking about the massage. We're not interested in . . . Mr. Marwaha: Going back to the massage, she was pregnant. She's not even open at this time. Mr. Wilshaw: Okay. But what would the hours of operation be if this massage operation . . . Mr. Marwaha: It would be maybe two to six or one to six. That's what I've been told because people don't do massages in the morning. They go in the afternoon and generally they close around six. Mr. Wilshaw: Okay. Thank you, sir. July 12, 2016 27742 Mr. Marwaha: But as far as traffic is concerned, you have to keep in mind people come and go, come and go. It's not something we are congregating people there. So I think his allegation that school . . . school is only about 20 minutes when the school closes. The traffic is only good for 20 minutes. After that, it calms down. So I don't think the allegation he's making, he knows what he' talking and he called me and threatened me sometimes. Mr. Wilshaw: We don't want to get in a debate back and forth. We're just strictly trying to stay on point with this particular item. Mr. Wilshaw: As far as massage is concerned, if he really feels there's that much opposition, I will take it out, but we have to keep in mind, it's only a small portion of the total. And secondly, it's a source of income because I can't rent. It sat empty for six months and I couldn't rent it because it's in the corner. It's on the lower floor. I don't have an elevator. I don't have handicap access. And if I add all that, it's going to cost more. It's not worth it. So I think not only based on practicality, on hardship also, this matter has to be considered a little more carefully. So if you decide you don't want the massage to be there, I guess that's the choice then. Mr. Wilshaw: Are there any more questions? Mr. Williams: I have one more. I apologize. Mr. Wilshaw: I think we have to close off the . . . Mr. Williams: I have one more comment. It would take two minutes. Mr. Wilshaw: Mr. Williams, you've got two minutes. Mr. Williams: All right. The disability act of the United States. They do not comply to one and they're running and operating like a 7-11 all day long and all night long, and like you said the last time. Do you remember? Handicapped people don't need massages. I just wanted to bring that up for non-compliance, the handicap needs or disability. Mr. Wilshaw: We are aware of that. Thank you, sir. Mr. Williams: Thank you again, and I apologize. Mr. Wilshaw: Is there anybody on the Commission wishing to address the petitioner? Hearing none, we will close the public hearing and ask for a motion. July 12, 2016 27743 On a motion by Caramagno, seconded by Long, and unanimously adopted, it was #07-76-2016 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 12, 2016, on Petition 2016-06-02-11 submitted by Livonia Office Center requesting waiver use approval pursuant to Section 9.03(m) of the City of Livonia Zoning Ordinance #543, as amended, to operate a massage establishment (Refuel Massage) within the Livonia Office Center at 28200 Seven Mile Road, located on the north side of Seven Mile Road between Inkster and Middlebelt Roads in the Southeast 1/4 of Section 1, which property is zoned OS, the Planning Commission does hereby recommend to the City Council that Petition 2016-06-02-11 be denied for the following reasons: 1. That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 9.03 and 19.06 of the Zoning Ordinance #543; 2. That the petitioner has not adequately established that there is a need for the proposed use in this section of the City; 3. That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the surrounding uses in the area; and 4. That the proposed use is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure suitability and appropriateness of uses. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw: Is there any discussion? Ms. Smiley I'm going to support the denying resolution. We're not getting enough information or answers. I'm not sure that he's prepared to put an establishment in there. I'm not if it's operating now or not operating now to tell you the truth. But I think if the petitioner wants to take a look at it later after he has all of his ducks in a right-of-way and has followed all the regulations from the Department, we would take another look at it, but I'm going to go with the denying for this evening. July 12, 2016 27744 Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 PETITION 2016-06-02-12 TIM HORTONS Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2016- 06-02-12 submitted by N.C. Designers & Contracting, Inc. requesting waiver use approval pursuant to Section 11.03(c)(4) of the City of Livonia Zoning Ordinance #543, as amended, to operate a limited service restaurant with drive-up window facilities (Tim Hortons) within the gas station at 37921 Ann Arbor Trail, located on the southeast corner of Ann Arbor Trail and Ann Arbor Road in the Northeast 1/4 of Section 31. Mr. Taormina: This is a request to operate a limited service restaurant with drive- up window facilities at an existing gas station located at the corner of Ann Arbor Trail and Ann Arbor Road. This property is roughly 0.57 acres in size with 130 feet of frontage on Ann Arbor Trail and 165 feet of frontage on Ann Arbor Road. The zoning of the property is C-2, General Business. In 2015, this gas station received site plan approval to expand the existing building. That project is currently under construction. Operation of a limited service restaurant is regulated under Section 11.03(c) of the Zoning Ordinance. A limited service restaurant is an eating establishment with 30 or fewer customer seats. The proposed Tim Hortons would have very limited seating and would rely mostly on its drive-up operation for business. The Tim Hortons would occupy roughly 950 square feet within the building which is about 2,300 square feet of total interior space. The restaurant portion would be located on the north portion of the building that is closest to Ann Arbor Trail. The submitted floor plan does not show any indoor or outdoor seating in connection with the restaurant, but the petitioner has indicated that the restaurant would likely contain about four to six barstools along a counter area next to the front window. Looking at the site plan relative to parking, we have to look at two different functions within the building. One is the retail use, the other is the restaurant. Looking at the retail, parking is based on a ratio of one space for every 150 square feet of useable floor area. So the convenience store part of the use would require seven parking spaces. The required parking for the restaurant, if we look at six seats, would require three parking spaces plus two spaces that are required for the drive-up operation, one space per employee, and assuming there would be one or two employees, that too would require a total of July 12, 2016 27745 seven parking spaces, for a total of 14 parking spaces. The site plan provides for a total of 14 spaces. The drive-up operation is planned along the north side of the building where the restaurant part of the use would be located, but the traffic lane serving the drive-thru window would commence at the south side of the building. It would then loop around the east side of the building and finish at the pick-up window on the north side of the building. Restaurants with drive-thru services are required to have a sufficient amount of waiting or stacking space. That is provided at a minimum rate of four car spaces in addition to the space at the drive-up window. The designer has illustrated how as many as 13 vehicles could stack for this drive-up operation without adversely affecting the other circulation on the site. You can see where the last car is positioned near the southeast corner of the canopy. That would be the 13th vehicle. I know a question came up at the study meeting as to how this would compare with similar drive-up operations located at the corner of Inkster and Schoolcraft. We did take a look at that. It's a little different layout. Generally, that site provides for about seven car spaces behind the building and the side that contains the pick-up window. What makes it different from this is that there are two driveways that merge together. You have cars coming in off of Inkster Road that go directly into the drive-up lane. And then there's a secondary drive aisle to the south, which may cause congestion where the two aisles merge. It was indicated that there are times when the cars back up all the way to Inkster Road and that would make sense if, for some reason, there are cars trying to come in from a different direction to access the drive-up facility. There are no exterior modifications proposed with this building. That was all reviewed in connection with the 2015 petition. In terms of signage, there is no additional information relative to signage. I know another question that came up was landscaping. There is a bit of discrepancy between the plan we're looking at here, which shows landscaping, and the landscape plan that was previously approved in 2015. We have been told by the petitioner that it is his intention to develop the site strictly in accordance with the plan that was approved in 2015 despite any differences between the two. In fact, the resolution that we prepared this evening does reference that previously approved plan. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: There are three items of correspondence. The first item is from the Engineering Division, dated June 27, 2016, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced planning petition. We July 12, 2016 27746 have no objections to the proposed waiver use at this time. 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 37921 Ann Arbor Trail which should be used in conjunction with this petition. The proposed plan indicates that project will consist of renovation of the existing service station property, and construction of a new building which will include a drive-thru restaurant. The submitted drawings do not provide any information regarding the existing utilities and service leads for the proposed building, so we cannot comment on any impacts to the utilities at this time. It should be noted that the new restaurant will need to comply with the City of Livonia's ordinances regarding fats, oils and grease disposal. The owner will need to submit plans to this department prior to construction to obtain Engineering Department permits for any work within the Ann Arbor Trail right-of-way, and for any changes to the existing service leads. The owner may also need to obtain permits from the Michigan Department of Transportation for any work within the Ann Arbor Road right-of-way."The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated July 11, 2016, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a limited service restaurant with drive-up window facilities (Tim Horton's) within the gas station on property located at the above referenced address. We have no objections to this proposal with the following stipulations: A fire access road shall be provided with not less than 20 feet of unobstructed width and have a minimum of 13 feet 6 inches of vertical clearance in accordance to 18.2.3.4.1.1 and 18.2.3.4.1.2 of NFPA 1, 2015. The escape lane appears to be too narrow to accommodate our equipment if vehicles are in the way." The letter is signed by Daniel Lee, Fire Marshal. We have an email correspondence, dated July 8, 2016, which reads as follows: "Using the same criteria for the limited service restaurant with drive-up window facilities, Tim Hortons, at the gas station on the northwest corner of Inkster and 1-96, and assuming that the order station at the Ann Arbor Trail/Ann Arbor Road location would be on the south side of the building, and the drive-up window on the east side of the building, I find many areas that do not meet the same criteria as the Inkster/I-96 location. Drive-thru traffic flow, ingress and egress, handicap parking would not meet federal guidelines, fuel delivery interfering with drive-thru traffic flow and inadequate parking for restaurant."The correspondence came from Donald Kleinknecht. It does not give his address. Thank you. July 12, 2016 27747 Mr. Wilshaw: Are there any questions of the Planning Director? Ms. Smiley That last letter is not from any of our departments, right? It's just from an individual? Mr. Taormina: I'm assuming he is a resident in the area, but again, he did not provide his address. Ms. Smiley: Okay. Mr. Taormina: No, it is not departmental correspondence. That's correct. Ms. Smiley: So he says there's not enough room in the pass lanes. Is that what he said? Mr. Taormina: Are you referring to the previous letter? Ms. Smiley: No, I'm talking about Donald Kleinknecht. Mr. Taormina: He states: Drive-thru traffic flow (ingress/egress), handicapped parking would not meet federal guidelines, fuel delivery interfering with drive-thru traffic flow and inadequate parking for restaurant. Ms. Smiley: Okay. Did our departments find any of those things to be accurate? Mr. Taormina: Not at this point. We do not have correspondence yet from the Inspection Department or the Police Department, just Fire and Engineering. Ms. Smiley: Then I have one more question. If I'm in car six, can I go through that loading zone to get out if I decide I don't want to wait? You see where the lines are? Can I get over there? Mr. Taormina: Yes. That is a paved area. As long as there are no vehicles in that area. I mean if a truck were to be actually positioned within the loading zone, then the bypass lane would not function properly. Now whether or not they're going to actually have trucks parked in that loading area at times when the drive-up operation is occurring, I don't know. That's a question for the owner. Ms. Smiley: Okay. Typically, would you have 13 cars stacked up to get a cup of coffee? Mr. Taormina: I've seen that before. Tim Hortons at Five Mile and Newburgh probably at times will have close to that many vehicles. Whether July 12, 2016 27748 or not this location would see the same kind of business, I don't know. Mr. Wilshaw: But they'd like to. Ms. Smiley: Okay. Thank you. Mr. Wilshaw: Is the petitioner here this evening? We will need your name and address for the record please. Nasser Choucair, NC Designers and Contracting, 3241 S. Telegraph, Dearborn, Michigan 48124. I guess Mr. Taormina explained enough. I can answer some of the questions that you guys were asking. This site plan was approved last year, and we are active now on construction. We did do the addition on the building, and the building is coming along. The reason why we're here tonight is because Tim Hortons gave us the green light to go ahead and they'll take the space because we weren't sure if they were going to take it. They want a commitment. They want to see construction going on so they would tell us, okay, now get us the drive-thru so we can get in there. Now, site plan that was approved the way it is without the drive-thru and landscaping, we have a different landscaping plan, which was approved, and we are doing that. Engineering, we have approved plans from Engineering and permits. We are going to close the approach and do whatever they required us to do. Regarding handicap, we're not changing any spaces or we're not playing around with the parking. So I don't know why the neighbor was complaining about that. That plan was approved by building and safety and building and safety always bring these issues up, handicap ramps, all that. The loading zone, that is a special time that we have trucks coming to this site and these trucks come only either after midnight when there is no traffic or at a time that the site is not busy, like early, early in the morning at 6:00 probably or 5:00, or after midnight. So no way the owner would call, let's say, a truck to come and service that gas station when he's busy. So whoever is leading or owned the gas station, he is not going call his service people to come during his peak. Regarding traffic, I did a traffic analysis a year ago. I'm an engineer at construction management and I go through traffic analysis with all my sites and I do them myself and I do the calculations. We did a count on this site. This site is really, really poor, even it did not go through our system. I work with Wayne State University with Dr. Datah and he's from MDOT. We do these studies. I did go through this particular site in one of the projects to see if it would go through the system that we use for traffic analysis. This site we had to multiply it by 10 times so it would kick in the system and we would see the traffic July 12, 2016 27749 flow in it. This site, if you wait at the peak hour, you can take it from 4:30 to 6:00, you won't even get in there 50 cars for an hour, especially the two corners, two approaches on the corner. You'll get like two cars in each one of them. The one of the side you would get about 20 cars. The one up there, you would get about 30 cars. If you put these numbers together and you do the calculation, you cannot get more than 50 cars in this site. So if we're looking at a drive-thru service, every car it would two minutes to service. No one would wait. Would you wait more than two minutes? Imagine how many cars we're going to have. I would say we won't have more than six cars at a time. That's the max this site would take, especially the area there. I would see no problem with my analysis. I don't know about the police and you guys, but my analysis, I would see no problem with traffic if this is an issue and someone is thinking about traffic problems there. Ms. Smiley: My only question was, if I'm in car six, can I get through that loading zone if I decided I didn't want to wait 20 minutes. Mr. Choucair: When you say loading zone, what do you mean by loading zone? Ms. Smiley: Mr. Taormina said, right there. He said that's all paved and if I'm in car six, I should be able to get out. Mr. Choucair: This is a regular escape lane, you know. Only we put that space to show if there is a garbage truck coming to pick up, they have a specific time when they're going to come and pick that up, either early or after midnight. And if there is a truck that wants to service Tim Hortons or the gas station with candy and snacks, they can park over there and service it, but they have also a specific time when they can park over there. Ms. Smiley: Thank you. Mr. Caramagno: When this site was approved prior to this drive-thru idea, I see the driveway off of Ann Arbor Trail was closed. The one further to the west and the one furthest to the east would remain open To me it seems like that's opposite of what it should be. As I'm looking at the plan there, I'm thinking, those cars that come out of that drive-thru window, that would be an opportunity for them to get off that property easy right there if they just turned right after they got their coffee. Mr. Choucair: From Ann Arbor Trail. July 12, 2016 27750 Mr. Caramagno: I understand the thought before the drive-thru, but now it seems like this is an opportunity to get cars off this property without having to wait to make a left hand turn onto Ann Arbor Road. Mr. Choucair: But it would create an issue at exit. Always if you go from that approach on Ann Arbor Road, you have the opportunity to go on Ann Arbor Road, or come back to Ann Arbor Trail. If you go straight to Ann Arbor Trail, then you have to make a turn left which is going to cause a problem because you're going to have stacking cars going left on Ann Arbor Trail. So you're creating an issue with traffic if you lead the car to go through Ann Arbor Trail. Mr. Caramagno: I understand what you're saying, but I'm looking at these cars coming off this drive-thru, coming out here to Ann Arbor Road having to make a left, and you're going to be popping them out of there two minutes at a time. I don't know if they're going to get out of there with a left hand turn in the morning as quick as you'll be able to service them. Mr. Choucair: If we got enough cars like we are imagining, like every two minutes we're going to get a car, I doubt it. I would look next door to McDonald's. They don't get that many cars, and they've been for a while there. I think Tim Hortons the same thing. They're not going to be really extra busy I think in the peak time. Mr. Caramagno: How are you going to control the delivery vehicle and garbage truck? How do you plan to control that? Mr. Choucair: Oh, it's simple, we just tell them don't come at this time. Just come after midnight, 1:00. Mr. Caramagno: That's easy to say standing there, but you can't tell the garbage truck come at midnight or 1:00 in the morning. Mr. Choucair: Oh, no. Garbage truck would come early in the morning. I thought you were telling me about the delivery people. Garbage trucks we can tell them always early in the morning. Mr. Caramagno: What time is early? Mr. Choucair: Five. We can get them five. Mr. Caramagno: No, they can't service the stop at 5:00 in the morning. You have apartments behind there, don't you? Housing behind here? Mr. Choucair: Six o'clock. I mean garbage always early in the morning. Near my house, I live in Dearborn, they service. They come 7:00 in the July 12, 2016 27751 morning. They pick up all the garbage from the neighborhood. They start at 7:00. Mr. Caramagno: Seven o'clock to me in the morning would be prime time for your coffee drinkers? No? Mr. Choucair: I don't know. But not that high of a peak. From 8:00. We can say 8:00 a.m. to 9:00 a.m. That's the high peak. 5:30 to 6:00 that's a high peak. Mr. Caramagno: You may want to think about your garbage truck coming later in the morning, 11:00, when the coffee drinkers are gone. Mr. Choucair: But we're talking about garage trucks, not every day. Once a week. Mr. Caramagno: Well, I'm pretty well versed in garbage trucks and I know what the problem is they're going to have. Mr. Choucair: I can put him on Saturday to come over there any time he wants. We can put him any day we want. We do only a pickup at a service station once a week. Mr. Caramagno: The gas station services are changing now. You're going to have a coffee shop. You're going to produce more garbage. You're going to have a little more of an issue with that than you think right now. Mark, I thought you had something when I mentioned the driveway? Mr. Taormina: In terms of the driveway, when we look at these at the time of the review, public safety typically comments that those approaches closest to the intersection are probably the most suited for removal for safety purposes and better traffic flow. I think the other consideration that was given in this particular case was the fuel delivery vehicles and the fact that there would be circulation either clockwise or counterclockwise from the two outer approaches to fuel up. Is that correct? Mr. Choicair: Yes. Mr. Taormina: So I think the fuel delivery trucks will actually be circulating around so it would make either of exit or entrance from Ann Arbor Trail that much easier from that easterly approach. Mr. Caramagno: Okay. Thank you. July 12, 2016 27752 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 Long, seconded by Smiley, and unanimously adopted, it was #07-77-2016 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 12, 2016, on Petition 2016-06-02-12 submitted by N.C. Designers & Contracting, Inc. requesting waiver use approval pursuant to Section 11.03(c)(4) of the City of Livonia Zoning Ordinance #543, as amended, to operate a limited service restaurant with drive-up window facilities (Tim Hortons) within the gas station at 37921 Ann Arbor Trail, located on the southeast corner of Ann Arbor Trail and Ann Arbor Road in the Northeast 1/4 of Section 31, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2016-06-02-12 be approved subject to the following conditions: 1. That the maximum customer seating count for this restaurant shall not exceed a total of six (6) interior seats; 2. That the maximum customer seating count may be expanded to a total of ten (10) interior seats if the requirement for two (2) spaces designated for drive-up window customers is waived by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 3. That the Site Plan marked Sheet SP-1 dated June 17, 2016, prepared by N.C. Designers & Contracting, Inc., is hereby approved and shall be adhered to; 4. That all site landscaping shall be installed according to the landscape plan approved in Council Resolution #128-15, with any modifications subject to the approval of the Planning Director; 5. That the Elevation Plans marked Sheet A-2 and A-3 both dated June 17, 2016, prepared by N.C. Designers & Contracting, Inc., are hereby approved and shall be adhered to; 6. That all conditions imposed by Council Resolution #128-15 shall remain in effect to the extent that they are not in conflict with the foregoing conditions; July 12, 2016 27753 7. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits; and 8. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the 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 23.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #5 APPROVAL OF MINUTES 1,090TH Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,090th Public Hearings and Regular Meeting held on June 28, 2016. On a motion by Smiley, seconded by Ventura, and unanimously adopted, it was #07-78-2016 RESOLVED, that the Minutes of 1,090th Public Hearings and Regular Meeting held by the Planning Commission on June 28, 2016, are hereby approved. July 12, 2016 27754 A roll call vote on the foregoing resolution resulted in the following: AYES: Smiley, Ventura, Long, Caramagno, Wilshaw NAYS: None ABSENT: McCue ABSTAIN: None Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,091st Public Hearings and Regular Meeting held on July 12, 20 : was adjourned at 8:51 p.m. CITY - ANNING COMMISSION Sam C:ramagno, Secretary ATTEST: Ian Wilshaw, Chairman