HomeMy WebLinkAboutPUBLIC HEARING - PH 2016-09-12 - APPEAL - DENIAL - PANERA
CITY OF LIVONIA
PUBLIC HEARING
Minutes of Meeting Held on Monday, September 12, 2016
______________________________________________________________________
A Public Hearing of the Council of the City of Livonia was held at the City Hall
Auditorium on Monday, September 12, 2016.
MEMBERS PRESENT: Kathleen McIntyre, President
Brandon M. Kritzman, Vice President
Brian Meakin
Jim Jolly
Maureen Miller Brosnan
Scott Bahr
Cathy White
MEMBERS ABSENT: None
OTHERS PRESENT: Donald Knapp, City Attorney
Mark Taormina, City Planner
Patricia C. Burklow, Public Hearing Recorder
This is a public hearing relative to an appeal of the denial of Planning Commission
Petition 2016-04-02-07 submitted by Laurel Park Retail Properties, LLC requesting
waiver use approval to construct and operate a free standing full service restaurant with
drive-up window facilities (Panera Bread) within the parking lot of the Laurel Park Place
Shopping Center located on the north side of Six Mile Road Between Newburgh and the
I-275--I-96 expressway with an address of 37700 Six Mile Road in the southeast ¼ of
Section 7. This petition was denied by the City Planning Commission at the regular
meeting of June 28, 2016. This has been duly filed in the Office of the City Clerk and is
now open for public examination and inspection.
The clerk has mailed notices to those persons owning land in the proposed revised
Special Assessment District and all other requirements of the Livonia Code of
Ordinances have been fulfilled. The Public Hearing was called to order at 7:00 p.m.
with President Kathleen McIntyre presiding. The Public Hearing is now open for
comments. Please state clearly your name and address before making your comments.
2
McIntyre: We will call this public hearing to order and we have one public hearing
this evening. And this is an appeal of the denial--I’m sorry I thought you
were trying to get my attention. This is a denial of Planning Commission
Petition 2016-04-02-07 submitted by Laurel Park Retail Properties, LLC
requesting waiver use approval to construct and operate a free standing
full service restaurant with drive up window facilities (Panera Bread) within
the parking lot of the Laurel Park Place Shopping Center located on the
north side of Six Mile Road Between Newburgh and the I-275--I-96
expressway with an address of 37700 Six Mile Road in the southeast ¼ of
Section 7. This petition was denied by the City Planning Commission at
the regular meeting of June 28, 2016. And before I turn this over to Mr.
Taormina our Planning Director and Economic Development Director I just
wanted to let the petitioner’s know that the regular meeting for tonight’s
item will be on Monday, October 3, 2016 and so that you and or your
representatives will need to be present that day. Mr. Taormina.
Taormina: Thank you Madam President. As indicated this is an appeal of the denial
for the site plan waiver use petition that was reviewed by the Planning
th
Commission at their regular meeting and public hearing on June 28.
And it’s a request to construct and operate a free standing full service
restaurant with drive-up window facilities. And this would be located within
a portion of the parking lot of the Laurel Park Place Shopping Center
which is on the north side of Six Mile just east of I-275. The area where
the restaurant is shown on the plans impacts an area about one--a little
over an acre in size and it includes 260 feet of frontage along Six Mile
Road as well as 250 feet along the--along Laurel Park Drive. So generally
speaking this is at the northeast corner of Six Mile--Six Mile and Laurel
Park Drive. This area is presently used for off street parking in connection
with the operation of the mall. This overhead identifies the area where the
restaurant is proposed. You can see where it is situated in relationship to
both Six Mile as well as Laurel Park Drive and the mall property to the
north. The proposed restaurant would be one story in height about 4,500
square feet of gross area. Seating plan shows a total of 100 interior--110
interior seats plus 17 outdoor patio seats for a combined total of 127
seats. No additional curb cuts to either Six Mile or Laurel Park Drive are
proposed as part of this development. Access would be provided via
connections with the Mall’s existing drive aisles which is identified in this
plan. The outdoor patio is shown on the west side of the building facing
Laurel Park Drive. And that patio measures about 40 feet by 15 feet. The
setback of the building from Six Mile is about 130 feet and 82 feet from
Laurel Park Drive. The ordinance requires a minimum of 60 feet so the
building placement is in full compliance with our ordinance standards. The
pickup window for the drive-up facility would be located along the east
side of the building. The traffic lane serving the drive-up would commence
on the west side of the building and then wrap around the south side and
then again to the east side to where the pick-up window is located. The
3
drive-up traffic lane would have the capacity to stack about eight to nine
vehicles as is depicted on this site plan. Several of the spaces including
the venue signage as well as the ordering kiosk are located on the south
side of the building which faces Six Mile Road. Drive-up establishments
are required to have a by-pass lane. This plan shows an opening to the
traffic aisle just before the ordering station on the south side. So if you
look carefully at this plan--in fact I’ll zoom in on that area--you’ll see that
opening--that curb opening that would allow vehicles to escape from the
drive-thru lane prior to reaching the ordering station. In terms of parking,
the ordinance does require one space for every two interior seats plus one
for every three exterior patio seats. This is what we typically require for
full-service restaurants. The proposed restaurant here would require 83
additional parking spaces. The site plan for the area shows 99 parking
spaces where there are currently 162 spaces. So this does result in 63
fewer spaces. So what we had to do was analyze the entire parking
arrangement for the mall. According to the records there’s a grand total
of--or a grand total of 3,574 parking spaces are required for the mall.
Adding the restaurant would increase this about 3,657. There’s a variance
that was granted in 1986 allowing for approximately 119 fewer parking
spaces. Relying on the information provided by the applicant, a parking
analysis of the entire mall, it was determined that the Laurel Park Place
currently has a total of about 3,497 parking spaces which is slightly more
than the count from 1986. But when you include the net reduction and the
additional spaces required this increases the overall deficiency by 104
spaces. So a variance is required in order to meet the requirements of
the--of the zoning ordinance for overall parking. The trash enclosure in
this case is shown in the southeast corner of the site. I’ll zoom in on that
area and you can see where it is labeled trash enclosure. It is a little bit
unique in that it is located at about as close to the Six Mile Road right-of
way as you can get on the site. I’ll just point out though that there is a
berm that runs along the Six Mile Road as well as landscaping. The plan--
at least the landscape plan as presented does not indicate any of that
landscape material being removed. So it is the position of the architect
and landscape architect that that dumpster area will be fully screened.
Additional landscaping is also shown in there. Now I’ll go to that plan in a
minute but it does provide for some additional landscaping to help screen
the trash enclosure. These are the building elevations, this is something
the Planning Commission took a very close look at during its review of this
petition, there were a few changes made throughout that design process
and review process. This is mislabeled by the way, and I--you should
have information that corrects it but for purposes of presentation what
you’re looking at is identified as the south elevation when in fact that is the
north elevation of the building or the side of the building that would
actually be facing Laurel Park Mall. You’ll see that predominantly includes
a brick along the lower portion of the building. There are awnings which is
referred to I believe as an alligator green coloring. This was a change that
4
was provided during the review as well as the color of the efface which
really occupies the upper half of the building. This is identified as the east
elevation, it’s actually the west elevation of the building. This would be the
east elevation although it’s identified as west, this is where the pick-up
window is located. So this would on the right hand side of the building.
And then the side of the building again identified incorrectly here as the
north elevation is actually the south elevation facing Six Mile Road you’ll
see that that would be where all the back portions of the restaurant would
be located, the kitchen and other service functions and for that reason
those are not real windows shown there those are actually faux windows
with the color efface it should--somewhat mimicking a window. In terms of
signage this plan does exceed what the ordinance allows. Ordinance
would permit one wall sign not to exceed 73 square feet in area and as I
scroll through each one of these elevations you probably noticed that each
side of the building contains a wall sign. Each of those wall signs
measures roughly 25 square feet in area. There is additional smaller
signage about seven square feet identifying the drive-thru. So when you
add all those up its 126 square feet. And in addition to the wall signs there
is a monument sign that is identified on the site plan along Six Mile Road--
again I’ll zoom in on that area--there’s an existing monument sign which is
closer to the corner and then if you look on the right hand side in this
drawing which would be the southeast corner of the identified site they’re
showing a proposed monument sign. And with that, Madam President I
will answer any questions you might have at this time.
McIntyre: Thank you. Council, are there any questions for Mr. Taormina?
Taormina: This is the landscape plan by the way.
McIntyre: Yes, Mrs. Brosnan.
Brosnan: Madam Chair, through the Chair to Mr. Taormina. So Mr. Taormina is the
parking evaluation updated since the Planning Commission meeting?
Taormina: No additional information was provided relative to parking that I’m aware
of.
Brosnan: Okay. So they were looking at the exact same numbers that we are
looking at tonight?
Taormina: I believe that is true, yes.
Brosnan: Okay, thank you.
McIntyre: Anybody else? Vice-President Kritzman.
5
Kritzman: Thank you, Madam Chair. Mark, on that same note can your repeat the
figures that you shared as far as the previous count and I think in 1996
there was a deficiency approved for 119?
Taormina: That is correct. So what we were able to discover going back through the
records is that the total number of required spaces in 1986 was 3,574
when you add the restaurant this increases that requirement to about
3,657. When you factor in the net reduction of about 63 parking spaces
as well as the previous variance that was granted and we come up with an
overall deficiency of 223. So when you back out of that--take that 119 out,
the--there’s an additional 104 spaces that are needed for a variance. I’ll
point out that the applicant has submitted additional parking information--
supplemental information that was reviewed by the Planning Commission
and I’m sure part of this evening’s presentation will be an evaluation of
that parking data and the standards they believe should be utilized in this
case.
McIntyre: And I should also point out that the Council did receive some new data.
The first was a communication from Christopher Boloven and the second
was a communication from Schostak Familyf Restaurants. Council, any
questions for Mr. Taormina before we go to the petitioner? Will the
petitioner like to come forward to provide any additional information that
you think is important for the Council and the audience seated? And
thank you for using--I should have pointed out but you went over there--
that is the podium you need to use this evening since it is hooked up to
the recording system. Thank you.
Hyman: Madam President and members of Council, it’s been several years since
I’ve been before you. It’s nice to be back again. It’s nice to see some of
your faces again. And it’s nice to get to know the rest of you. Before I go
rd
any further I did want to make a plea to Council, October the 3 which we
assumed is going to be the next--your action date happens to be the eve
of Rosh Hashanah the Jewish New Year and several of us are concerned
about that. And we would ask if you could set the meeting--the meeting
rd
item--the action item for the next Council meeting after October 3.
McIntyre: We can do that.
Hyman: Thank you very much.
th
McIntyre: And that’s--the next meeting would be Monday, October 17.
Hyman: Thank you very much. Okay, I had a pen when I started this evening. I
would like to introduce our team. Some of them will be part of this
presentation and all of us will be available to answer any questions you
may have. With me are Brian Barnard who is the development manager
6
in essence for this site from Panera and he will make a brief presentation.
He was going to do the graphics but Mark has already done it. So his
presentation will be extremely brief. And we of course will answer any
questions about the graphics that you have. We also have JohnDell’Isola
who is the site engineer. And John I think will be able to give you a good
deal of information about how we arrived at the plan we have, parking,
and etcetera. Back up for him is our parking consultant, Mike Labadie of
Fleis and VanderBrink Engineering and--did I get that right Mike--who is
also available to answer any questions as well as supply any further
information. We also have Skip Alexander who is the CBL Project
Manager for this site. And we have our brand new mall manager, Dan
Irvin. Is it Dan--Dave?
Irvin: Dan.
Hyman: Dan Irvin is the brand new manager so you will be getting to know him I
hope as he gets his feet wet at the mall. He’s been here before I mean in
this area before and is coming back in his new capacity. I’m going to start
with in fact Brian Barnard since he has done the graphics--since Mark has
done the graphics already Brian is simply going to be talking about the
Panera experience with respect to parking and its impact on the Mall here
on Laurel Place.
McIntyre: Thank you. Over there please, thank you.
Barnard: Thanks Norm. Thank you members of Council as well. As Norm
mentioned my name is Brian Barnard I am with Panera Bread and I’ve
been in the development department for about 12 years. Which is a little
shy of how long we’ve been at the Newburgh Plaza. I think that lease was
entered into in 1998 which is actually seven years before our very first
drive-thru location opened in 2005. Since that location opened we actually
committed to opening new locations as drive-thrus as often as possible,
retrofitting existing location as we are doing on Schoolcraft right now or
finding new locations where drive-thrus aren’t an option as they are on
Newburgh where we are kind of tucked into a corner. The drive-thru
addition is a really important part of our business going forward. It isn’t a
large portion of our sales but it is a large portion of our convenience factor
for our customers. Most cafes see an average of 25 to 30 percent of the
sale go through the drive-thru windows when they have that. Obviously
when it’s an average there are some that lower and some that are higher.
The highest locations I think come close to touching 50 percent but those
are locations such as Minot, North Dakota, where in the dead of winter
nobody wants to get out their car and so they go through those windows.
This location knowing what our sales are its easier to forecast what a sale
lift would be from a drive-thru location and here we would expect about 30
to 34 percent of our business to go through that window. So it would be
7
an actual reduction on the need for parking as we would see going from
roughly 4400 square foot space right now to 4,500 free standing building
where the bulk of that increase is actually going to be dedicated to the
drive-thru component itself and the equipment that goes in the back of the
house to handle that because our drive-thru production system actually
runs on its own. It’s kind of a linear line so that production in the café isn’t
impacted by the drive-thru itself. And as Norm mentioned this area right
here is kind of outlining the entire site. The building doesn’t take up that
entire line. I think John might have a chart that actually shows where the
building sits. So you can kind see there’s still extra rows of parking
around there so we are not impacting that entire field that was highlighted
in yellow earlier. The current café right now I believe has around 38
employees with 33 of those being staff and five being management. This
new location with the drive-thru would employ at least an additional fifteen
personnel and possibly more based on the sales projection--well actually
it’s not projection because sales actually come through with a mix of
staffing and general management. So I guess Mark already showed the
elevation where we did try to dress it up from our initial presentation to add
a little more bricks, more color and especially presenting Six Mile where
we did put those faux windows, with the awnings and goose neck lights
above that to give more of a frontage presentation to Six Mile while the
front of the building actually faces the inner road where traffic will actually
be able to access the site. With that I guess I’ll open it up if you have any
questions.
McIntyre: Council, questions for Mr. Barnard? Yes, Mr. Bahr.
Bahr: You talked about what percentage of your business you intend to be drive-
thru, do you have an idea what percentage increase in sales over your
current location you’re going to see with this or--
Barnard: So--
Bahr: --do you anticipate it being mostly constant, just some will go through the
drive-thru?
Barnard: There is a lift in sales when you do these drive-thrus either retrofit or
relocations. And 30 percent going to the window actually cannibalizes
about half of that from people who would have gone inside. So it is about
a ten to fifteen percent increase in sales from one location to the next
when you do add a drive-thru.
McIntyre: Thank you, Mr. Meakin.
8
Meakin: Sir, I don’t think we have a building in the City of Livonia that has signs on
all four sides of the building. So would you like to start the negotiations?
What can you live with?
Barnard: If tonight is the night to do that absolutely. You know we love our signage.
We don’t necessarily agree with the interpretation of the code that we are
only allowed one sign here when you do face two actual roads at Six Mile
and Laurel Park. And right now the monument would actually require a
variance as well and with the monument that decreases the amount of
building signage we would need. You know I think the corner element I
think on the southeast corner of the building where you’ve got Panera
Bread on one side and actually drive thru on the other, it’s actually a
corner presentation to traffic heading west bound on Six Mile Road. That
would be a very important sign for us to have as well as the signage over
our entrance which is where we really like to see our primary sign. So I
think east and west is where we would I guess start the negotiations to go
that route.
Meakin: Because you’re not that far over the square footage wise so you could
probably have a little bigger sign on each of those sides, so that’s okay.
Now on the monument sign is that on the other side of the berm?
Barnard: It is. Similar--similar to the existing monument for the Marriott where it sits
out so it is kind of out in front of traffic so they aren’t blocked by the
landscape that already exists there.
Meakin: Okay, now how does that work Mark towards our ordinances? Wouldn’t
they have to have more on their property whether than on the mall
property?
Taormina: It’s all mall property. Yeah, you know, the ordinance does allow for
multiple--for second ground mounted signs on a single development site.
The mall already has that so this would be adding an additional ground
sign to the frontage so any form of signage is going to require a variance
both in the number as well as the area. Typically freestanding
restaurants--this is on its own site would be allowed--entitled a monument
sign six feet in height no more than 30 square feet in area. You don’t
have the details on the monuments at this point.
Meakin: Could you also address the timeline of what we are looking at because
even if we approve this you still have to go for a variance on the signs and
variance on the deficiencies of parking spots from the Z.B.A., now does
that come before we give final approval or after we give final approval?
Taormina: After typically.
9
Meakin: So even if we approve it all the Z.B.A. could cancel the whole thing out?
Taormina: Actually the Z.B.A. has the final--yes.
Meakin: Then they would go to Circuit Court to appeal that? Okay, I have no
further questions at this time.
McIntyre: Mr. Jolly.
Jolly: Can you address the current economic health of the current location and
what beyond a drive-thru you would really be going after here in terms of
increased sales presence?
Barnard: Dollar wise I don’t know if I can disclose that but the current café is about
15 percent below the market average for our cafes in Detroit. So it is
really confined in that location that it doesn’t really have an opportunity to
grow. And the drive-thru is really the best initiative for growth in this
market for this specific trade area itself it really is. Again, we’re going
through the drive-thru retrofit already at one of other Livonia locations but
we really are trying to capture that deficiency that exists for this one
against the overall market in Detroit.
Jolly: Thank you.
McIntyre: Mr. Meakin.
Meakin: Thank you, Madam Chair. Sir, can you discuss your peak efficient--peak
times for the Panera as opposed to the mall traffic?
Barnard: I guess I’ll have to let the mall manager speak to the mall’s peak hours.
Ours are considered seven to eight in the morning, twelve to one in the
afternoon and five to six just after work. So really before work, at lunch
time and immediately after.
Meakin: If we could have Mr. Irvin come up I’d like to ask him a few questions.
Irvin: Good evening.
McIntyre: Good evening.
Meakin: Your name and address please.
Irvin: Dan Irvin, my address is 21323 Cass Street in Farmington Hills, 48335.
Meakin: Thank you, Dan, welcome back to Livonia.
10
Irvin: Thank you.
Meakin: We greatly appreciate having you back working in the City.
Irvin: Thank you.
Meakin: How does that impact the mall traffic patterns?
Irvin: The mall opens up at 8:00 a.m. for walkers, the store and retail shops
open up at 10:00 and close at 9:00. Our peak hours we really start to get
busy at the end of the week, Wednesday through Friday, Saturday being
our busiest day.
Meakin: You were previously at the mall so you probably have some recollection of
what it was like during the holiday season. How do you think that will
impact having that Panera Bread out there?
Irvin: I think having Panera out there is just a--it’s a win for the center. It’s
another destination spot for retailers and draws more people to the mall. I
really don’t look at this anything less than a positive.
Meakin: Thank you.
Irvin: You’re welcome.
Brosnan: Madam Chair.
McIntyre: Mrs. Brosnan.
Brosnan: Is there anything that they can address about what landscaping is going to
be added to what we currently have and I’m most concerned about what
we are going to see from the south side of the property.
Barnard: I will let John handle that, he’s the Civil Engineer and when he gets up
here he can address that question.
Dell’Isola: I can do that now. Good evening, John Dell’Isola, with PEA. What I’d like
to do is actually handout some photographs that will be helpful. Number
two is going to address the question regarding the view from the south.
McIntyre: We can just pass those down.
Dell’Isola: When the mall was first developed I believe there was a substantial
amount of screening required on the north, on the south, so there is a
substantial berm. In picture number two which comes from Google street
view is going to show you what it looks like from quite an elevated position
11
because I think it might be ten to twelve feet in the air on top of their van.
But from either an SUV or a standard vehicle, you’re not going to have
much of an opportunity to see from Six Mile. We are supplementing to the
right of that picture and that would just be because we are addressing the
dumpster which is going to have an enclosure which on its own we think
may be sufficient. But we are going to supplement it with plantings just to
soften the brick side that you see there.
Brosnan: The discussion that I was hoping you would engage in is what is going to
be the planted potentially closer to the building on that south side to make
it look less utilitarian. Right now I know you tried to address that with
some ornamental fixes you know, fake windows, awnings and goose neck
lighting and things like that but you know nonetheless there is still a very
utilitarian door that exists there. You know there is the dumpster, there
are going to be utilities that come in and out of the building that will be
exposed on that side and often times we rely on landscaping to help us to
camouflage some of that.
Dell’Isola: Sure. Yeah and with regard to that you’ll see on the southern part of
drive-thru lane that typically is a raised concrete island that may have
some plantings on it, we’ve gone a little heavier there. And as you get
closer to the building on that south elevation we’ve added quite a bit as
well which is often times reserved just for the patio area which is on the
west side in this case.
Brosnan: You know I think somebody mentioned before the four-sided building is a
particularly challenging thing for any developer and we’re especially
conscientious of that in Livonia as we do develop--try to develop more of
these out-lots because we recognize in our community that a great deal of
space has been consumed by parking and to the degree we can get more
traffic or more interest in some of these larger retail properties by building
out lots. We’ve been inclined to do that. So Mr. Taormina, I’m going to
ask you. Do we have any really good examples of how landscaping has
been used to help us diminish some of that utility that we see on the
outside of these four-sided building?
Taormina: Well off the top of--
Brosnan: I’m not just quite certain that this addresses it yet.
Taormina: I would say we’d have to take a careful look at the selection of plant
materials here. I think you know if you look at from a planned point of
view there’s a lot of material shown here. Some of the things like the lilacs
if allowed to grow if they’re irrigated--properly irrigated and maintained
should do an ample job of diffusing that stark look that I think you’re
concerned about being exposed along that south side of the building. But
12
we’ll take a closer look at the plant material selection and see whether or
not we think it accomplishes that concern.
Brosnan: Thank you, I appreciate that. Thanks.
McIntyre: Vice-President Kritzman.
Kritzman: Thank you, Madam Chair. Now a couple of issues that have come up as
this project has been discussed by this body and others and presentations
that have been put out there. One obviously centers on parking and I
think there’s not a single person who sits up here that has not been to that
mall countless times. I think we on any given day recognize that that
parking area is not utilized in most portions of the year. It probably only
gets busy between Thanksgiving and Christmas. It’s a long way off in the
corner of the existing parking lot. You would have to come into the food
court side which is unless you’re coming into the food court area that’s not
the predominant entrance for people who are shopping. Additionally, it is
in the farthest reaches of that. So the parking issue for me is less of a
concern. Not to say it’s not important to others that are here and certainly
others in the community. There are opinions on the viability of the parking
at that location and opinions go both ways on that. I think it’s long been a
successful mall with the deficiency that is there. And I don’t know that this
is such a grossly different deficiency when you start talking parking areas
in the thousands. I don’t know that it makes that big of a difference in my
impression. So that is less of a concern for me. A couple of things from
my vantage point I look at like the location of the dumpster. I think that
can be overcome. We’ve got a berm there that we can work with maybe
it’s additional grading in that area that can help alleviate the view.
Typically, we would not allow a dumpster along a major thoroughfare like
that so I think it is incumbent on the developer and designers to come up
with more extraordinary measures to screen that. And I certainly wouldn’t
be looking at approving something that is made out of concrete block as
we have talked about that time and again. Maybe that works back behind
the parking structure or something to that effect but not on Six Mile. And
to that effect some of the discussion points Councilwoman Brosnan
brought up, there’s a lot of landscaping and a lot of planting material noted
on the document as Mr. Taormina said but a lot of these things are 24
inches and spread material, 24 inches high. And I think a lot of these are
probably planting sizes, it might help to have some understanding since
we are not necessarily landscape experts to have some understanding of
what that would grow into and what it would look like. But to me the base
question here and Councilwoman Brosnan hit on a point and said what
can we do with the landscaping to hide the stark nature of this building
and to me what we are talking about is masking the stark, plain nature of
the building that hasn’t been built yet trying to hide that with landscaping. I
think the key issue here is to change the design of the building in my
13
opinion. When I first saw I said the same thing, I said that is a boring
building. And it is not something that I would be inclined to bend the rules
for particularly to the capacity that we are looking at bending the rules for.
I’m a firm believer that we need greater density in a lot of our--in a lot of
our commercial districts so like I said the parking issue isn’t a problem for
me. The location of the building isn’t a problem for me. The design of the
building is a problem to me and some of that is materials, some of that is
design, some of that is a just level of the investment in that location and
what it could be down the road if Panera ever leaves. What is the next
version of the drive-thru, what is the next economic driver for Panera and
what if they have to go somewhere else? What would this thing turn into
and how much flexibility would it have? How attractive would it be to
another tenant? Not that anyone is looking to try and look past Panera
certainly by any means we would love to have you there for the next 50
years, but in our position we need to look at all of the points in front of us.
Fortunately, all that said, and I’m certain I droned on too long, the design
of the building is something that we have multiple more stabs at
throughout the course of this process. And I think that is something that
can be addressed down the road by some of those additional steps.
That’s all at this time.
Meakin: Can I follow up on a couple of things, please?
McIntyre: Yes, certainly, Mr. Meakin.
Meakin: Well what is down the road is the next step to doing this approval or denial
so, what are your wishes for that?
Kritzman: You know, so it is my understanding that we are looking at the waiver use
approval at this point not necessarily the site plan. So, I was under the
impression that this was strictly related to the waiver use approval as
opposed to the waiver use and the site plan approval. It doesn’t
necessarily change my opinion I still think the building needs a lot of work,
I’m open to the project proceeding and moving forward and looking
forward to it being successful but I think there are some additional items to
look at in my opinion.
McIntyre: Anything further?
Brosnan: Madam Chair.
McIntyre: Yes, Mrs. Brosnan.
Brosnan: We’ve not heard from all of the presenters have we, Mr. Hyman? I think
there was a parking presentation that was going to be part of this as well.
Can we make sure we hear from all of your presenters?
14
Hyman: They’re all here.
Brosnan: Okay.
Hyman: John Dell’Isola would be—
Dell’Isola: I can go into that.
Hyman: Can go into that in his turn and that will be very soon.
Brosnan: Okay.
Hyman: I want to make some comments and then lead on to John.
Brosnan: Okay.
Hyman: And then Mike Labadie is here to answer questions. They overlap,
they’ve both have gotten involved in parking issues.
Brosnan: Okay, great. I just wanted to make sure we had all your information.
McIntyre: Yes, thank you. Just--I do have--before we move on--I’m so sorry--thank
you--you can stay up there Mr. Hyman. I do have a question for Mr.
Barnard about Panera--just a comment. I always get concerned when I
hear that a certain location is lagging the market and the fix is going to be
something like a drive-thru. And that’s certainly beyond the scope of our
waiver approval and our site plan approval, but it does play into the
thinking about when you’re granting a variance. And in my observation
and experience the Panera that is currently at Newburgh Plaza does not
operate very well. And I concerned right that we are going to put a drive-
thru through and expect very different results. And I understand the driver
of the business--driver of the drive-thru, but if some of what I observe to
be service issues at that Panera--I’m there quite a bit, aren’t rectified then
I think we’re not going to see the uptake and this variance question of the
drive-thru is then perhaps for naught.
Barnard: Okay. I would say in those locations from fifteen plus years ago when we
were in these long rectangular narrow sites, the back of house production
system isn’t very efficient. You know being able to design the production
system in these rectangular buildings that we put as a free standing
actually allows us greater efficiency in the back of house and actually does
allow for more operational efficiency and correction for the customers.
And more than just the drive-thru assisting this location it is the site itself.
You know being tucked in the corner there versus being out on Six Mile
15
Road a little closer to the interstate at an intersection with the mall and all
the buildings around it and office space.
McIntyre: Thank you.
Barnard: You’re welcome.
McIntyre: And then I think now we would like to proceed, unless anybody has any
additional questions before Mr. Hyman--
Hyman: Well I assume even being delighted with Mr. Kritzman’s lack of concern
about parking I assume that some of you still I guess have some feelings
about that. And I would like to very quickly help address the issue in a
way that might give you some comfort. I know if we get approved we will
still have to go to the ZBA, I understand that. But I think some of you
would be interested in hearing some of these things. First, start with this,
there’s not a retailer in the world who doesn’t want sufficient parking
because people can’t get to the store the retailer will go out of business.
Therefore, there’s not a landlord who wants insufficient parking and
landlords are generally responsive to the requests and needs of the
tenants. I should also point out several other factors. Number one of
course the parking demand for the Panera to some extent be--parking
space demand be reduced by the fact that there’s going to be a
substantial drive-thru here and the numbers we have in our parking study
do not include a drive-thru reduction. So that softens the impact
additionally. In addition to that and Mike confirm this, we’ve got a parking
ratio in Livonia that I must tell you it’s off the wall. I’ve been doing this
since some of you know for decades. Mike has been doing it--he’s
younger than I am--but maybe a couple of decades. There’s not a
municipality in southeast Michigan that I know of or that he knows of that
has a requirement of 6.33 spaces for 1000. For many years the Institute
of Traffic Engineers and the International Council of Shopping Centers
recommended as a standard five units for 1000--five spaces for 1000
square feet of gross leasable area. That recommendation was based on
experience over the years with several hundred shopping center--regional
centers around the United States in different localities experiences over
varying seasons. Recently they reduced that requirement to 4.5 spaces
for 1000. If this--if Livonia had the industry wide standard of five per 1000
or perhaps 4.5 now, we would be way over parked at the mall. We would
far exceed the parking requirements of five per 1000. I think that reality
should at least bear in your minds. In addition to that, and I’ve spoken
with Mark about this and Mark has confirmed what my experience has
been, when we are talking about determining the number of parking
spaces for gross leasable area there’s an almost universal planners
default. They assume that 80 percent of a retailer’s space is useable that
the rest is devoted to bathrooms, to storage, because a lot of the clothing
16
etcetera are stored in the back. And so arbitrarily and I don’t argue with
this--arbitrarily planners have come up with an 80 percent default rate.
That’s what Mark applied here as I understand it. Nobody knows what
happened in 1986 when the 3574 was arrived at. We’ve all tried to figure
it out. It was pretty arbitrary. And--but I can tell you that the 6.33 spaces
per 1000 is just--as I said earlier--off the wall. In any event, if you then
apply the 80 percent default rate the fact is that most planners-- don’t
know how Mark would feel about this--will actually take into account the
actual usage at a given shopping center. So that if your actual gross
leasable area is less than 80 percent that lower amount will in fact reduce
it--reduce the parking space requirement. Here the two major tenants
have between them about--I worked it out to 900 space reduction. I’ve got
the numbers here. Given the number--the area of useable floor area in
the Carson’s and the Von Maur, approximate but pretty close we come up
with a 3000 square foot reduction per major tenant which means 6000--
I’m--I take it back--3000 combined. Which means using your calculations
we come out with about 900 spaces less than the 3574 if in fact that
default rate were recognized to be unrealistic in the context and the actual
rate were used. If you take into account all of that and then finally as
Brian Barnard has told you, there’s a real--and as Dan Irvin has told you--
there’s a real lack of conflict between the peak hours of the Panera and
the peak hours of the mall. If you take all of these factors into account I
think that ought to help persuade you that parking is not the issue that
some people thought it is. With that I’m going to now flow right into John
Dell’Isola and have him take it from there.
McIntyre: Thank you.
Dell’Isola: Well Norm cut my presentation in half there, thank you. What I would like
to discuss relative to the parking is beginning with the first variance that
was granted back in ’86. You know there was several points noted in the
grant of the variance and one of them was that the petitioner’s
demonstrated to the Board’s satisfaction that due to the fast diversification
and mix of the complex the parking deficiency is minimal at a 119 spaces
and that there will be sufficient parking at all times. We believe that too
and we presented at the Planning Commission level that we are over
parked on this site. And the question was rightfully asked at the beginning
if you read the points for the denial have they submitted anything else
concerning the parking and the answer was no. Because what we had
submitted was that we are operating at an over parked situation in the mall
and we’ve added a--going back to the photographs that I’ve provided--
we’ve added one because we’ve fortunately found in photo number six a
street view within the mall which was taken during a time when both the
Bar Louis and Max and Erma’s was operating. And what you see is the
corner--the very southwest corner of the property virtually vacant. If you
pan to the left it is relatively full in front of the storefronts. And due to our
17
location in there we don’t really front on the mall we are in the very corner.
And it appears to be an employee parking situation. As far as use of that
area throughout the year, we’ve also have a unique situation on photo
number four which is going to show the entire project area fenced off and
full of containers--storage containers for the trades that were doing
renovation within the mall from May through October of 2015. The mall
still functioned and that corner was rightfully picked for that staging area.
As far as the site selection I think we’ve covered a good bit of that and you
can see from the other photos in here the opportunities you have from the
southbound traffic on Laurel Park versus any visibility from Six Mile. You
know we are--we have supplemented the landscaping there. We’ve
added the three ever--substantial evergreen plantings by the trash
enclosure along with the lower level arborvitae type screen that’s there.
But as you travel closer to the intersection you’re not likely to see it. Norm
had mentioned the parking requirements and how they’ve changed over
the years and there was a shared parking study done by Urban Land
Institute and ICSC that took a look at malls across the country and they
even looked at the different mixed types that were there. And based on
what we have on this site, we’re falling within a four to four and a half
space per gross leasable area ratio and that’s a 1000 foot. And when we
look at what we have on the overall site which he has on the screen here
we are finding that we are at a 6.97 ratio and we even played around with
the numbers a little bit and said let’s take out the western most lots, let’s
you know--which is what you wouldn’t do in shared parking situation, it’s
all available to the site, but even if we did that we would far exceed it in a
range of 5.97. So we’re exceeding what we believe is required. We
believe the initial variance that was granted supports that. And however,
the parking was arrived at whether it was the individual uses, it doesn’t
appear and it might be arguable too that there was really a shared parking
standard back when the site was developed. So it likely is over parked
from the individual use approach to establishing the parking.
McIntyre: Questions, Mr. Jolly.
Jolly: All these numbers are great and I appreciate you educating us, but the
bottom line is there is a month a year when you can’t find a parking spot.
Address that for us. From Thanksgiving to Christmas you drive around
and you can’t find a spot. Address that, because that’s the issue. You go
there now it’s not an issue, eleven months out of the year it’s not an issue.
Dell’Isola: Right and we didn’t--
Jolly: So all these numbers with all due respect--all these numbers in my opinion
mean nothing. What do you do the month a year it is an issue? Address
that.
18
Dell’Isola: We can address that in detail and the traffic engineer is here as well. We
don’t design the sites for the worst case scenario but what we did discuss
at the Planning Commission level was that there’s parking available it just
so happens that when they cited when I come off of Six Mile and there’s
no parking available and then they leave, that was the argument. I don’t
see anything I leave. Well the complex is a large one and during those
peak times you may not be able to park in what may be your normal spot
or near the retail or use that you want to be at. We’ve got four levels of
deck that are available and why some are more remote then say right in
front of the mall itself they are a part of the site and available.
Jolly: Probably some of my colleagues up here have been going to this mall
since the week it opened, I’ve been driving up there since I was 16 years
old, when I say there’s no parking at Christmas there’s no parking at
Christmas. So I guess to me that’s the issue. I agree with Mr. Kritzman in
terms of I’m not overly concerned with parking but there are times in the
year when it is an issue. I feel like we’re walking around that issue and if
you can just drill down to that for me anyways, that’s the only parking
issue I see.
Dell’Isola: Well Mike, I can invite you up here to talk about the peaks and how things
are designed.
Hyman: And while he’s--Mike is walking his way up, you know the ITE is traffic
engineers and ICSC take this into account. The fact is that they do not in
th
determining parking needs they intentionally exclude the 20--Mike I’m
invading your territory I think--the 20 busiest hours of the year because it
th
would be grossly inefficient to design a parking lot based on the 20
heaviest usage years. That’s not good design, that’s not good parking.
The ITE and ICSC recognize that, no traffic study designs for an
oversupply for the 11 plus months of the year when you really don’t need
all those extra spaces. There’s no question that there may be hours
during the Christmas when in fact it will be difficult or maybe even
impossible for a given hour--given two hours to find a space. That’s not
the way the parking engineers measure needs or requirements. That’s
not the way parking studies are developed. And I’ve got to tell you this is
ad total. I had dinner tonight at Bar Louis. Do you know that I parked in the
closest space at the aisle nearest to Bar Louis--closest space at the
header if you want to call it of the row. That’s space was open for me for
dinner tonight.
Jolly: I have something to follow.
McIntyre: Yes, Mr. Jolly.
Jolly: Congratulations on that.
19
Hyman: Thank you. I felt a real sense of accomplishment.
Jolly: Maybe you can address this though, it’s my understanding that the
economic life blood of retail is the holiday season and specifically from
passing Laurel Park Mall on a daily basis living almost right across the
street from it, it seems like it might be the life blood of this mall as well. So
if you have people who are driving around the mall for two hours like you
say in your example not finding a parking spot, that’s not an issue?
Hyman: None of the tenants are concerned. The anchors have expressed no
opposition to this. I don’t know either Dan or Skip Alexander who I haven’t
introduced who is the manager of the development here, and whose
basically in charge of the success of this mall, they’re not concerned.
Their tenants are not concerned.
Jolly: Okay.
McIntyre: Good evening.
Labadie: Hi, my name is Mike Labadie I work with Fleis and VandenBrink. My
office is in Farmington Hills. I’ll try to put a different spin on it for Mr. Jolly
than the other two have. Maybe it would be--I don’t think anyone has
given you the--nothing that is not true, but maybe it would be helpful to say
if we were given this site and we were asked how many parking spaces
ULI--Urban Land Institute or ITE would recommend for that and that when
they--that would be to build it, to design it, they wouldn’t say to design it for
the Christmas rush. Nobody does that. So I could tell you what they
would recommend for us to use as a design. There might be--and that’s a
might, be occasion in some cases in a mall like this where the day before
Christmas or maybe the first Saturday after Thanksgiving or sometimes
it’s the Friday after Thanksgiving that is the peak day, it kind of depends
on the site. I’ve done occupant--parking occupancy studies in malls all
over the State, all over the Detroit Metro region where sometimes in the
Christmas season every weekend the parking occupancy is 103 or 105
percent. So I--you know--but you don’t design for that. And but I would
like to do is the material that we gave you that we turned in before about
rd
parking, there is a memo it’s dated June 23, so if we would just look--let
me see if this works on that--yeah it does--so we’re just looking at this
section right here where the mall--where the Panera’s going to go, we
have--the demand for this area would be like 283 spaces. Have you
already seen this and is this redundant?
Brosnan: No, go ahead.
Labadie: This memo, is that part of your materials?
20
McIntyre: It is part of your materials.
Labadie: Oh, well--
Brosnan: You can go over it again.
McIntyre: Please go ahead.
Brosnan: Yes.
Labadie: Okay, so the demand would be 287 with the Panera there. It has--if you
reduce it because of the parking for the Panera--that the Panera would
take up which we Mark reduced it by 63--well I reduced it by 64, you end
up with a total supply in that area of 457 spaces. But you have a demand
of 287. So you have surplus of 37 percent for what it would be
recommended for design. Does that make sense or did I confuse the
issue more? Okay, so you have a surplus even after you--even after you
put the Panera there of 37 percent and a 10 to 20 percent surplus on any--
on almost any parking lot is more than enough. So, I don’t want to make it
any more difficult than that--then it is. ULI is Urban Land Institute and they
have a--I don’t know if you understand when we went over this either but
what they--what Norm was saying they did surveys of hundreds of malls
and shopping centers and all kinds of things all over the country, created
this large report that was updated once or twice, but you can--I can tell
you what time of day a certain demand is going to be on a certain site and
be pretty darn close. Whatever year it is--whatever month, whatever day,
whatever time of day it is. So I think there’s not going to be a parking
problem here, there shouldn’t be a parking problem there now. And
whether or not, I’m not saying that there may not be an occasion when
there is an extra heaving demand because I have seen it, but it has been
the one or two days of the year that you would not design for. Do you
have any questions?
Brosnan: Madam Chair.
McIntyre: Mrs. Brosnan.
Brosnan: Madam Chair, thank you. Not a question so much as a comment because
if this issue does proceed and garners Council approval it will go before
the Zoning Board of Appeals which will ultimately have the final say in this
matter. So for the sake of the record, I’d like my comments relative to
parking to be on the records so the ZBA knows where I stand on it. Much
like Mr. Kritzman my concern for parking is not nearly as great as perhaps
what was expressed at the Planning Commission level for a number of
reasons. Number one and most outstanding for me is exactly what Mr.
21
Hyman started with in his conversation with us which is that it is really
impossible for me to believe that those who manage it and own this
property and that have retail establishments on it would want Panera if it
wasn’t going to be beneficial. If it was going to be detrimental I would
imagine that we would have them standing before us protesting this
waiver use. So to the degree the tenants and those that are leasing from
Laurel Park believe this is a good idea and that this helps stimulate
business, I believe along with them that it will. Secondarily we as a
community have been looking to find opportunities where out lots can
begin to attract more business to some of our retail centers. The fact of
the matter is back in 1986 when we developed this site and we put this
parking plan in place at this site we did our very best to try to create
something that was going to work for that corner. But the fact of the
matter is retail has changed considerably since 1986. Traffic at malls has
slowed considerably with the dawn of the internet alone and internet
shopping. So the traffic patterns that were in place when we created
some of these--some of these criteria have changed. We as a community
though in our defense have tried to change along with that. We did within
the past seven years I believe amend our parking requirements and we’ve
tried to accommodate some of the changes in the industry. There could
always be an argument for going back and revisiting that again. I do
understand the argument for not creating a site that’s made to deal with
just Mother’s Day, Easter and Christmas and as a frequent user of that
mall those to me are always the three most at risk shopping periods. If I
get that close and I don’t have a Mother’s Day present for my mom, I
might not get a parking spot in order to get in there. I may have to park
over at St. Collette’s and hoof it across the street. But that presents too
some creative options that could exist for Laurel Park. You’ve yet to
introduce valet parking at the site. You’ve yet to introduce off-site parking
for your employees during those peak--peak times. Those are all options
that would be available to you should you as those lease space find that
you can’t get enough consumers through your door. But that would be up
to you to decide that that is a smart move to make. So I--and I do believe
this is one of the most successful malls in the country as a matter of fact,
malls of this scale. So it is being operated with some amazingly smart
business practices. I have no doubt that you will rise to the challenge
should there be one that is presented by any parking congestion. The
only issue where I do see in the future that should parking congestion at
any point in time create a backlog so there is traffic buildup along Six Mile
or Newburgh Roads during peak holiday times that we find traffic flowing
out of the center and creating other problems in the community then we
would have to come back and address the issue of parking. But I am
pretty well assured that again that is not going to be something that Laurel
Park Mall allows to happen because that will be detrimental to business.
And I can’t see where you wouldn’t be able to creatively resolve a situation
that perhaps came to that point. So just for the sake of my ZBA
22
colleagues who may eventually get a chance to hear this case, as one
council person I believe the parking situation has been pretty well
addressed. Thank you.
McIntyre: Thank you Mrs. Brosnan. Mr. Bahr.
Bahr: Yeah, I would also concur with almost exactly what Councilman Kritzman
said earlier and then what Councilman Brosnan presents come creative
ideas as well. For me the parking--the parking is not the issue either. My
big concern is as Councilman Kritzman said is the design of the building
and I will echo what he said. And with that in mind we’ve talked a lot
about this tonight, I’ll just offer a resolution to send this to the Committee
of the Whole because I don’t think we can approve it at this point with the
plan that we see before us here for the reasons Councilman Kritzman
stated. Not having an issue with parking I’d like to be able to approve this
but I’d like the opportunity to work with the developer to see something
that would allow us a little bit more and I think the best place to do that is
probably the Committee of the Whole so--
McIntyre: Okay, thank you.
Meakin: Madam Chair.
McIntyre: Yes, Mr. Meakin.
Meakin: I’m going to offer an approving and a denying just to keep this moving
forward. We have almost since the petitioner asked for postponing this
th
meeting to October 17, that gives him almost a month to come back with
some additional drawings, you know addressing the signage, the
landscaping and if he gets that to us in time we can still have an
th
opportunity to vote on it at the 17 meeting.
McIntyre: Okay. Anyone else? Yes, Mrs. Brosnan.
Brosnan: Just a comment taking off where Mr. Meakin is headed, I do think there is
ample time for the developer to come back with some revised site plan.
And I just want to lend my voice too in support of Mr. Kritzman concerns
relative to design. And just to give you a sense of where I’m headed, you
know the building as a whole looks rather utilitarian to me. I do think there
might be an opportunity to create some dimension. You know this mall it
is a stellar development in our community. And now we are going to
position a building on an out-lot that is at a corner of a very prominent
piece of property in Livonia. So we’re really going to want the best Panera
that you can possibly bring. And I just think we can probably do a little bit
better than what we have here. But in concept I think this is a great ad, so
I--you know--I think you’ve got a block which you can work with.
23
McIntyre: Anyone else? Mr. Bahr.
Bahr: Sorry, I’ll just add--I’ll tack on a comment which I meant to express earlier
which is in support of the project. I’m very familiar with that site as I
imagine coming in off that--off Laurel Park Drive whatever that exit--that
entranceway to the north of the site, I actually think this is going to be a
really--really--really attractive look coming in rather than being surrounded
by pavement. Having a Panera that is as I’ve seen with other Panera’s is
well maintained and a classy looking building and you’ve already got the
tree lined street there. I think this is going to be a really attractive look and
it is just the building itself that I have the issue with so.
McIntyre: Thank you, Mr. Bahr. At this time, I’d like to go to the audience. If there is
anyone else who would like to speak on this project.
Helmkamp: Good evening.
McIntyre: Good evening, Mr. Helmkamp.
Helmkamp
: Alan Helmkamp, 37488 North Laurel Park Drive, Livonia. Having heard
the comments and the discussion I’m not sure what I brought tonight
would be of that much more but I had a few observations as someone
whose lived for 18 years on the north end of the mall. I’m in Aspen Place
just off of Newburgh. My comments are mostly in the traffic and in the
parking area. It will be brief. Of course I use the mall all the time but
beyond I--my walk route is around the mall and so I’m in a position--have
been in a position to view traffic patterns, view parking cycles what have
you. It was briefly mentioned about the period of time last year when
substantially this same footprint was lost to the mall when it was fenced off
for a staging area with equipment and building materials for all the
improvements inside. And as someone who walked passed that regularly
and admittedly as Councilman Jolly mentioned it wasn’t during Christmas
but at different times I can tell you that that loss of the that parking space
did not really cause any difficulty. I didn’t see cars cueing up, I didn’t see
cars cycling looking for parking. People going into that end go to Bar
Louis or Max and Erma before it closed they might have had to park a little
closer to Newburgh. But I didn’t see that as an issue. So I think that
presents some empirical data for you if you will. It--my testimony is that of
dotal but that was absolutely pretty close to an apple to apples opportunity
for you to see how--at least for those six--seven months how the loss of
that area for parking played out and I don’t see that as an issue. The
other observation I wanted to make is of course all those condos and
multi-unit complexes along the drive there, the Laurel Park Drive, there’s a
lot of people who I see would be accessing this establishment by foot.
24
And so that doesn’t happen now, I don’t see many of us crossing Six Mile
to get to the current location. I see many of us who live in that area
walking and so that’s just a factor that I think will positively bear out on the
parking and traffic issue as well. So beyond that I’m just an occasional
user of Panera. I think if it is there I will use it more often and so I just
wanted to go on record as being in support of the project and the waiver
use.
McIntyre: Thank you very much, Mr. Helmkamp.
Helmkamp: Thank you.
McIntyre: Anyone else like to speak on this project? All right seeing none, we will
adjourn the Public Hearing. Thank you very much.
As there were no further questions or comments, the Public Hearing was declared
closed at 8:11 p.m.
SUSAN M. NASH, CITY CLERK