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HomeMy WebLinkAbout1,161 -October 6, 2020MINUTES OF THE 1,1615t PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 6, 2020, the City Planning Commission of the City of Livonia held its 1,1615t Public Hearings and Regular Meeting via Zoom Meeting Software, Mr. Glen Long, Acting Chairman, called the meeting to order at 7:00 p.m. Members present: David Bongero Sam Caramagno Glen Long Betsy McCue Carol Smiley Peter Ventura Members absent: Ian Wilshaw Mr. Mark Taormina, Planning Director, Scott Miller, Planner IV, and Stephanie Reece, Program Supervisor, were also present. Acting Chairman Long 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 2020-08-02-08 Olive Garden Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2020- 08-02-08 submitted by GMRI, Inc. requesting waiver use approval pursuant to Section 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of an existing full -service restaurant (Olive Garden) at 14000 Middlebelt Road, located on the east side of Middlebelt Road between Schoolcraft Road and Lyndon Avenue in the Southwest'/ of Section 24. October 7, 2020 29773 Mr. Taormina: This is a request to utilize an SDM liquor license in connection with an existing full -service restaurant. Approval would allow the sale of pre -packaged beer and wine products for off premises consumption. The applicant in this case, as mentioned, is the Olive Garden, which is located on the east side of Middlebelt Road just north of Schoolcraft Road and the 1-96 expressway. The zoning of the property is C-2 (General Business). In Livonia, the operation of an SDM liquor license requires special land use approval, pursuant to Section 11,03(r) of the zoning ordinance. The Olive Garden currently operates a Class C liquor license which allows for the sale of beer, wine, and spirits for consumption on the premises. The restaurant would now like to expand their take-out and delivery services by offering customers pre -packaged beer and wine products. There are two special requirements that apply to the zoning approval of an SDM license. The first is a minimum separation distance between SDM licensed businesses. Section 11.03(r)(1) specifies that an SDM licensed establishment shall not be located within 500 feet of an existing SDM licensed establishment. There are two such licensed businesses within 500 feet of the Olive Garden. The first is Aldi Food Market located immediately to the south of the restaurant and then the other is the Wine Palace, which is located on the west side of Middlebelt Road about 440 feet from the restaurant. This 500-foot separation requirement can be waived by City Council. The other requirement is also a separation requirement. It requires that an SDM licensed establishment not be within 400 feet from any church or school. There are no churches or schools within 400 feet of the subject restaurant. At the study meeting, we discussed a number of issues related to SDM licensing within the city. We talked about the quota restrictions and types of the businesses that are exempt. We also asked the petitioner to provide additional information relative to the percentage of sales that they forecast with the operation of an SDM at this location. We did send new data on this. Hopefully everyone received it. Otherwise, if you haven't, Mr. Howe is available this evening and will be able to respond. I apologize. If you can give me one moment to retrieve the correspondence on this item. You can begin the discussion with Mr. Howe, if that is okay. Thank you. Mr. Long: Sure. Thank you. I am going to allow him to speak. Mr. Howe, can you hear us? Patrick Howe, 280 N. Old Woodward Ave., #12, Birmingham, MI, 48009. Thank you for having me. October 7, 2020 29774 Mr. Long: So, you heard Mr. Taormina description. Is there anything else you would like to add? Mr. Howe: I would like to recap from the study session. This is part of a national program where Olive Garden increased there To Go offerings and that included the sale of beer and wine. We are currently offering that at all other Michigan locations. They have been approved through the Liquor Commission for an SDM license for this location, but we aren't using it until we obtain all required local approvals. This is purely to allow for beer and wine to be sold in connection with take out orders. Beer or wine will not be displayed or advertised on a stand-alone basis in the restaurant. There won't be a little market or anything. It is really just to compliment the takeout orders. I provided the answers to the questions that were discussed at the study meeting. The percentage of overall sales of beer and wine for on premise consumption at Olive Garden nationwide is less than 10%. The percentage of sales since this program started in June in Michigan for takeout beer and wine is .1 % sales. They will not be using a 31d party delivery service to deliver beer and wine. Beer and wine will be picked up by the customer either curbside or delivered by restaurant employees. A food purchase is not required to purchase beer and wine to go, although that is how it is marketed. Olive Garden has an excellent operating record. I expect them to have the same standard if they are allowed to serve beer and wine to go in Livonia. I am happy to answer any questions that the commission may have. Thank you. Mr. Long: Thank you, Mr. Howe. I appreciate that. It did kind of address some of the questions that we had last... at the study session. I will only it up to the commission now for any questions of Mr. Howe. Mr. Taormina: Mr. Chairman, if it pleases the commission, I will read those letters into the record now. Mr. Long: Let's do that first. Thank you. Mr. Taormina: The first item is from the Division of Police, dated September 16, 2020, which reads as follows: " We have reviewed the plans submitted by Olive Garden requesting an SOM liquor license (sale of packaged beer and wine) in connection with the operations of a full -service restaurant, Olive Garden, located at 14000 Middlebelt Road, east of Middlebelt Road, between Schoolcraft Road and Lyndon Avenue, in the southwest quarter of Section 24. A review of the plans determined that the request does not comply with the prior separation requirement guidelines. October 7, 2020 29775 The proposed establishment is inside the separation requirement distance of at least five hundred (500) feet from any existing SOM licensed establishment. Aldi, located at 29330 Schoolcraft (MLCC Business ID 0262275), currently has an SOM license and is 230 feet from Olive Garden, as measured by the nearest point on their building. Also, Wine Palace, located at 13971 Middlebelt (MLCC Business ID 11863), currently has SOM and SOD licenses and is 330 feet from Olive Garden, as measured by the nearest point on their building. They have proposed to be licensed to the building in which existing licensed establishments are located. We would recommend that the Planning Department and City Council maintain separation requirement guidelines. It is ouropinion that these guidelines are good for local establishment businesses and maintain Livonia's family atmosphere. We are available to provide any additional information you may desire on this subject. "The letter is signed by Scott Sczepanski, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated September 28, 2020, which reads as follows: "Pursuant to your request, the above referenced Petition has been reviewed. 1. The proposed location is within 500 feet of two other SDM licensed locations. A waiver from Council would be required to maintain this deficiency. This Department has no further objections to this Petition."The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Finance Department, dated September 2, 2020, which reads as follows: '7 have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated August 31, 2020, which reads as follows: `In accordance with your request, the Treasurer's Office has reviewed the name and addresses connected with the above noted petition. At this time there are taxes due, but they are not delinquent, therefore I have no objections to the proposal. " The letter is signed by Lynda Scheel, Treasurer, Mr. Long: Are there any questions of the staff or of the petitioner? As. Smiley: No real questions. I just want to thank him. He answered every one of our questions from last week in writing ahead of time. I appreciate that. Mr. Howe: Thank you. Mr. Long: Any other comments or questions from the Planning Commission? October 7, 2020 29776 Mr. Ventura: I guess I direct this question to either Mr. Taormina or Mr. Howe. In the event that the Olive Garden were to go out of business, what would happen to this license? Mr. Howe: It has no value, so it has no third -party value. It is being associated with a Class C license. It would just be terminated. Mr. Taormina: Mr. Ventura, I believe what the implication would be with the zoning approval is that it would run with the land. So, a subsequent operator or business at this location would be able to utilize an SDM license, unless the commission and council decide to place a restriction on the transfer of the waiver -use to a new user, except under a circumstance where City Council authorizes the transfer to a new user. We frequently put that language in place for proposals or petitions where the commission concurs with a particular operator of a business with the waiver approval, but also wants to be cautious how that waiver is transferred in the future to other users. Mr. Ventura: Thank you, Mr. Taormina. Thank you, Mr. Howe. Mr. Long: Any other questions from the commission? If there are no other questions by the commission, we can hear any questions or public comment there may be. It looks like we don't have anybody in the waiting room. I guess we are not going to have any public comments. I will close the public hearing and ask for a motion. On a motion by McCue, seconded by Smiley, and unanimously adopted, it was #10-52-2020 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 6, 2020, on Petition 2020-08-02-08 submitted by GMRI, Inc. requesting waiver use approval pursuant to Section 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of an existing full -service restaurant (Olive Garden) at 14000 Middlebelt Road, located on the east side of Middlebelt Road between Schoolcraft Road and Lyndon Avenue in the Southwest % of Section 24, the Planning Commission does hereby recommend to the City Council that Petition 2020-08-02- 08 be approved subject to the following conditions: October 7, 2020 29777 1. That City Council waive the five hundred -foot (500') separation requirement between SDM-licensed establishments. 2. That the Petitioner shall enter into a conditional agreement limiting the waiver to this user only, with the provision to extend this waiver use approval to a new user only upon approval of the new user by the City Council. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the subject site has the capacity to accommodate the proposed use. and 2. That the use of an SDM license will complement the existing use of the subject property and will provide an additional service to customers. 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. Long: Is there any discussion? Mr. Long, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Motion for Public Hearing Mr. Caramagno, Secretary, announced the next item on the agenda, Motion to Hold a Public Hearing, pursuant to Section 23.01(b), to determine whether to amend Article XXXI — NP District Regulations, of the City of Livonia Zoning Ordinance No. 543, as amended, to expand the list of permitted uses under Section 31.03 to include beneficial forest management practices, such as the removal of invasive species, and selective trail construction in accordance with the City's Master Parks and Recreation Plan and nonmotorized transportation plan, Livonia Bike Walk. Mr. Taormina: We are requesting that the Planning Commission authorize, by motion, a scheduling of a public hearing on this language amendment. This comes to you by the way of a recommendation from the Parks and Recreation Commission. They would like for you to consider changes to Article XXXI to provide more flexibility October 7, 2020 29778 with respect to the type of work that can be conducted within the city's nature preserves. As was read out by the secretary, this would involve only very limited impact to our nature preserves, including trail construction consistent with the city's Master Park Plan as well as Livonia Bike Walk and proper forest management practices. We will bring you the full list of items for consideration at the public hearing. What we are seeking tonight is authorization to schedule that public hearing. Thank you. Mr. Long: Thank you. Any questions for Mr. Taormina? There is nobody in the audience to speak on this. Nobody from parks. Seeing no one else to speak, a motion is in order. On a motion by Ventura, seconded by Bongero, and unanimously adopted, it was #10-53-2020 RESOLVED, that the City Planning Commission, pursuant to Section 23.01(b) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to amend Article XXXI — NP District Regulations, of the City of Livonia Zoning Ordinance No. 543, as amended, to expand the list of permitted uses under Section 31.03 to include beneficial forest management practices, such as the removal of invasive species, and selective trail construction in accordance with the City's Master Parks and Recreation Plan and nonmotorized transportation plan, Livonia Bike Walk. ITEM #3 APPROVAL OF MINUTES 1,16oth Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,160th Public Hearings and Regular Meeting held on September 22, 2020. On a motion by Smiley, seconded by McCue, and unanimously adopted, it was #10-54-2020 RESOLVED, that the Minutes of 1,160th Public Hearings and Regular Meeting held by the Planning Commission on September 22, 2020, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Long, McCue, Smiley, Ventura, Caramagno, Bongero NAYS: None ABSENT: Wilshaw October 7, 2020 29779 ABSTAIN: None Mr. Long, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the ublic Hearings and Regular Meeting held on October 6, 2020, was adjourned at 7:22 p. m. CITY PLANNING COMMISSION • 0, V"u- jj rkr m Sam Caramagno, Sec tary ATTEST: Ian Wilshaw, airman