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HomeMy WebLinkAbout1,250 -September 22, 2026 signedMINUTES OF THE 1,250th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, September 22, 2026, the City Planning Commission of the City of Livonia held its 1,250th Public Hearing and Regular Meetings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7:02 p.m. Members present: Wafa Dinaro Patrick Droze David Bongero Sam Caramagno Peter Ventura Ian Wilshaw Members absent: Glen Long Mr. Jacob Uhazie, Assistant Planning Director, Stephanie Reece, Program Supervisor, and Eric Goldstein, City Attorney, 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 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 2026-08-01-04 Farrukh Moghul Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2026- 08-01-04, submitted by Farrukh Moghul, pursuant to Section 13.15 of the Livonia Zoning Ordinance, as amended, requesting to rezone the property at 15150 Levan Road, from C-1 (Local Business) to C-2 (General Business), to allow for the development of an electric vehicle charging lot as the principal use, located on the east side of Levan Road between Five Mile Road and Jamison Street in the Northeast'/ of Section 20. September 22, 2026 32679 Mr. Wilshaw: Okay, thank you, and Mr. Uhazie. Any other information other than the fact that we've received a letter asking that this item be tabled? Mr. Uhazie: No, they just asked for some more time. Mr. Wilshaw: Okay, and so the petitioner has requested this item be tabled to October 13th. Is there anyone in the audience here for that item? Okay, just want you to understand, thank you for raising your hand. Again, I just want you to understand that the petitioners asked that this item be moved to October 13, 2026. So, we're not going to discuss it tonight. That way, you'll have an opportunity to hear the whole thing at that meeting if you want to come back for that that night. But otherwise, you can watch good government in action. So, thank you for being here. Do any of my colleagues have any comments before a motion is made? Would someone like to offer that motion to table? On a motion by Dinaro, seconded by Droze, and unanimously adopted, it was #09-62-2026 RESOLVED, That at the petitioners request, Petition 2026-08-01- 04, submitted by Farrukh Moghul, pursuant to Section 13.15 of the Livonia Zoning Ordinance, as amended, requesting to rezone the property at 15150 Levan Road, from C-1 (Local Business) to C-2 (General Business), to allow for the development of an electric vehicle charging lot as the principal use, located on the east side of Levan Road between Five Mile Road and Jamison Street in the Northeast % of Section 20, the Planning Commission does hereby table this item to October 13, 2026 Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #2 PETITION 2026-08-02-23 Brome Modern Eatery Mr. Caramagno, Secretary, announced the first item on the agenda Petition 2026- 08-02-23, submitted by Afor Concepts requesting waiver use approval under Sections 3.10 and 6.51 of the Livonia Zoning Ordinance, as amended, to operate a full -service restaurant (Brome Modern Eatery) at 19450 Haggerty Road, located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road in the Southwest'/4 of Section 6. Mr. Uhazie: September 22, 2026 32680 Thank you, Mr. Chair. This is a request to construct a full -service restaurant for the Brome Modern Eatery, located on the east side of Haggerty, between Seven Mile Road and Fox Drive. The current zoning is C-1 for that site. The petition site measures about 29,000 square feet in size, and it has about 200 feet of frontage on Hagerty Road. It has a depth of about 150 feet. The petitioner is part of a larger parcel that measures about 47 acres in size. The site is part of the Pentagon Center Condo Association, and it is the home of the former PNC Bank building that measures 3,483 square feet of gross floor area. The building does include a drive -through teller canopy with lanes attached to the north of the existing building, and the property is governed by the Haggerty Road Investment consent judgment. This allowed the subject property to be developed as a bank originally, and it prohibited any curb cuts to the Haggerty Road corridor. It was previously zoned OS for Office Services. That zoning was eliminated under when the zoning ordinance was updated in 2021. All OS zoned districts were converted to C-1 local business, which is why the current zoning is C-1 surrounded by a sea of C-2. To the north is the BJ's Restaurant Brew House, zoned C-2. To the south is J. Alexander's restaurant, zoned C-2. To the east is the AMC and their associated parking lot, zoned C- 2, as well. Then west across Haggerty is the Home Depot located in Northville. The zoning ordinance does define a full -service restaurant as an establishment where food, confections, frozen desserts, and beverages are served and consumed at tables and chairs, primarily within an enclosed structure with a minimum seating capacity exceeding 30 people. The restaurant would have 64 interior seats and additional 40 patio seats outside. A fenced -in patio is shown on the site plan to the west of the building, facing Haggerty. It's adjacent to the main entrance, but no further details are provided on the proposed fencing materials. Site access is provided from the east. There is egress only, and then there is an entrance and exit down to the south. People visiting the site would have to come in off of the existing curb cuts out of Hagerty to the south or to the north, and then follow internal drives through the existing access points. Section 6.51 of the zoning ordinance does require full -service restaurants to have ingress egress to a public street with at least two driveways 40 feet apart. As I noted earlier, the site is part of the amended consent judgment, which does specify that the development is not to have any direct access to Haggerty Road. Parking for the site requires one space for every two internal interior seats and one space for every three outdoor seats, and one space for each employee. There are expected to be a total of eight employees at September 22, 2026 32681 the restaurant. The required parking would be 56 parking spaces. The site plan does show 56 spaces. Additionally, as I mentioned, since it is part of the condo association, it does have access to all the parking in the adjacent areas as well. The petitioner has not submitted any landscape plans, but they have stated that the existing landscape will remain unchanged. The floor plan shows a dining area, a sales area containing the point -of -sale system, shake station, a newly constructed vestibule, cooking and food preparation areas, a walk-in cooler, walk-in freezer, dry storage area, wash area, electrical room and an office with adjoining restroom. The petitioner has stated that the existing drive -through lanes and canopy are to remain, but no drive -through service would be offered at this site. They also mentioned at the study session that there is a phase two plan for that drive-in area, where they would wall in the canopy and convert it to a second retail space. They did provide a rendering that I will show later in this presentation. Here are the proposed elevations for phase one that we're reviewing today, the existing brick would remain. Portions would be painted yellow, while existing limestone panels would be painted white with yellow accents. The existing standing seam roof trim storefront frames doors would be painted black. The rooftop mechanical would be screened by decorative perforated metal panels with perimeter LED striped lighting. One thing to note, since our study meeting, the dumpster location has been moved to the northeast corner of the site to one of the angled parking spaces shown here. It was previously shown in the northwest corner. It would be enclosed by a dumpster enclosure with doors that does appear to meet the zoning ordinance requirements. The petitioner also submitted a photometric plan. The proposed lighting provides illumination for parking areas, drive aisles, pedestrian walkways, and building entrances. While limiting or while limiting light trespass among the property boundaries, it does appear to comply with the zoning ordinance, and then here is a rendering of the proposed phase one. No detailed sign package was provided, so there are signs shown on there, but any of the signs would need to fall with under the sign regulations in the zoning ordinance, and anything beyond that would need to go to the Zoning Board of Appeals for approval. And then I also have...this is the phase two rendering for reference. So, this is what they're currently proposing, and here is the build on to the what would be the existing canopy for reference. Here's the current proposal, and then what would be proposed under phase two in the future. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Uhazie: September 22, 2026 32682 The first item is from the Engineering Division, dated September 4, 2026, 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, but would like to note the following items: 1. The subject parcel is assigned the address of #19450 Haggerty Road. 2. The existing parcel is currently serviced by public sanitary sewer, storm sewer and water main. There is no mention of utility revisions with the proposal, and we do not believe there will be any adverse effects on the existing systems based on the proposed usage. 3. Due to the proposed change of use, the owner will need to provide a grease separator on the sanitary sewer service as required by our Fats, Oils and Grease (FOG) Ordinance. 4. Should revisions to the utility services to the building, or any work within the Haggerty Road right-of-way be required, the owner will need to submit drawings to this department and/or the Wayne County Department of Public Services for permitting." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated September 8, 2026, which reads as follows: "This office has reviewed the site plan submitted in connection with the modification and use of the property located at the above referenced address. - Required Emergency vehicle access to west side of structure to be 20 feet in width. - Permits and plans are a required submission for hood and duct suppression in the kitchen along with fire alarm details in permit and plans. - Perhaps an oversight on my part, please provide location of nearest fire hydrant. A further detailed plan review will take place when this division receives an official plan set." The letter is signed by Brian Kukla, Fire Marshal. The next letter is from the Division of Police, dated September 10, 2026, which reads as follows: "1 have reviewed the plans in connection with the petition. I have no objections to the proposal." The letter is signed by Brendan Adams, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated September 21, 2026, which reads as follows: "Pursuant to your request, the above -referenced Petition has been reviewed. 1. The structure for the drive-thru lanes from the previous use does not appear to be used in any way for the proposed restaurant. This structure should be removed or renovated to align with the proposed use. 2. Exterior lighting sources shall be designed, constructed, located, and maintained in a manner that minimizes light trespass onto neighboring properties and public ways. The light trespass from a property shall not exceed 0.5-foot-candles at the property line, measured five (5) feet from the ground. 3. Signage shall be Mr. Wilshaw: Mr. Droze: Mr. Uhazie: Mr. Droze: Mr. Wilshaw: Mr. Ventura: Mr. Uhazie: Mr. Ventura: Mr. Uhazie: Mr. Ventura: Mr. Uhazie: September 22, 2026 32683 conforming to the ordinance or a variance from the Zoning Board of Appeals would be required for any excess number or size of signs. 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 10, 2026, which reads as follows: "1 have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, 1 have no objections to the proposal." The letter is signed by Ermon Sims, Chief Accountant. The next letter is from the Treasurer's Department, dated September 4, 2026, which reads as follows: "The owner of the property is current on property taxes." The letter is signed by Susie Nash, Treasurer. That is the extent of the correspondence. Any questions for planning staff: Thank you, Mr. Chair. Mr. Uhazie, just a question on encroachments and exempt structures for site setbacks. Are dumpsters among those? Are they permitted within setbacks? It would need to follow the setback requirements. Okay, thank you. Thank you, Mr. Droze. Any other questions for staff, Mr. Ventura? Mr. Uhazie, it appears that the parking for the restaurant, as proposed, consumes the parking on the site. Is that correct? Of this portion, yes, but they do have cross access to the entire AMC parking area as well. So, if the drive -through area is converted to another restaurant or expanded, then there's not parking on the site, but they'd have to rely on the cross -agreement parking? Yes, they would have access to that whole area, though. Yes. Alright. So, on the site, there's inadequate parking for that entire structure with this use. There is adequate parking for this use. Yes. Mr. Ventura: Alright. Thank you. Thank you, Mr. Chairman. Mr. Wilshaw: Mr. Droze: Mr. Uhazie: Mr. Droze: Mr. Uhazie: Mr. Droze: Mr. Uhazie: Mr. Droze: Mr. Wilshaw: Sam Abbas, Mr. Wilshaw: Mr. Abbas: September 22, 2026 32684 Thank you, Mr. Ventura. Any other questions for staff? One additional, and this might have to be something answered by the applicant, but just looking at the site plan that's been provided, in the GIS parcel lines, it appears that they are not matching. You can see on the GIS maps they're more perpendicular, and these kind of seem to be askew. So that's something that maybe the applicant can share a little more detail on. Yeah, I think they will have to. One thing to note, as far as our records are concerned, the parcel setback requirements would only have to be along the Haggerty corridor, just because the rest is all one parcel. Okay. At the study session, the dumpster was encroaching on the setback, but that was along the western edge. Since it is now on the eastern edge, there is no property line to encroach on. Okay. So, what is the boundary that's on the site plan? Is it just some sort of cutout of the condominium? That will probably have to be answered by the petitioner. Okay, thank you, Thank you, Mr. Droze. Any other questions for staff? If not, our petitioner is in the audience. Feel free to come forward to our podium. Good evening, sir. Thank you for being here. What is your name and address for our record? 1165 Monroe Street, Dearborn, MI. Okay. Thank you, Mr. Abbas. What would you like to tell us about your proposal for a eatery here? I'm going to have our architect take over from here. Mr. Wilshaw: Okay, excellent. Azher Matty, J&A Architectural Engineering, Bloomfield Hills, Michigan. Mr. Wilshaw: Welcome back. Mr. Azher: Mr. Wilshaw: Ms. Dinaro: Mr. Matty: Ms. Dinaro: Mr. Matty: September 22, 2026 32685 Thank you. So, a little bit about this project. This was a former PNC Bank that we're going to transform into Brome Modern Eatery, which is a quick service type restaurant. We're maintaining the existing form of the building, but we're giving it that new modern Brome identity, and then as far as phase two, we're planning on developing that phase, not right now. The owners don't have a tenant or official plan set for that phase two section. But we do plan on enclosing that space for phase two. Another thing, I know the grease interceptor comment came up. That is on our plans, and we do have that as part of...we've already finished the CD set for this, and that is part of the CD set. It is kind of...l don't know, Jacob, if you could see it, it's labeled on the newer site plan. But anyhow...and then the GIS, a lot of times that does get skewed. So, our property line is based off of what a surveyor gives us, so GIS, I wouldn't for any project...I wouldn't follow that you know 100%. Just follow whatever, you know, the surveyor comes up with because they physically go out there and measure it. And then any other questions or comments, we're more than happy to address. I'm sure well have some. Let's see what my colleagues have for us. Any questions for our petitioner, Ms. Dinaro? Hi, can you tell us a little bit about how you're going to fully enclose the drive -through? Because we talked about it at study session, and we don't like it open like that. So, is it going to be enclosed? What's the timeline on when it would be enclosed? So, we plan on doing that as soon as we finish the renovations on phase one, and we plan on tackling phase two. But the way it would be enclosed is...basically we'd follow that same line and that same kind of overhang that you have on the phase one of the project, and we're going to try to match the brick so it looks like one cohesive, you know, building instead of looking like two separate buildings. So, what's the timeline on that? So, is it going to...will Brome open up with that drive -through still intact? That's the plan for now, yes, for Brome to start construction first and then phase two of that project the drive -through gets enclosed. Ms. Dinaro: Okay, thank you. Mr. Abbas: September 22, 2026 32686 Thank you for the question. The answer is very similar to what he said. It was to get us onto a more expeditious timeline for opening the restaurant itself as soon as we get our construction documents approved, construction underway. He already has directions to begin the construction documents for that second phase, and we're going to submit those as soon as we get started. So, it was really just a timing issue. Yeah, they were just trying to overcome. Ms. Dinaro: Thank you. Mr. Wilshaw: Thank you, Mr. Abbas. Any other questions for our petitioner? Mr. Bongero: So, is the intent to have a completely different tenant in that space? Mr. Abbas: Complementary tenant. We've also talked to the HOA to get input from the Darden Group, AMC Theater, and others on the property, the hotel. So, we're talking with them. Every two months we jump on a call and just discuss the center overall. I do want to go back also just to the parking comment. So, the parking is entirely shared. Every spot within the entire association is shared, so we have a sea of parking because AMC Theater is at a point where they've seen a massive decline in a need for that excessive parking. Mr. Bongero: We struggle a little bit with this being open ended. Like, what's the guarantee of this is going to get done for that drive -through to get converted. I mean, at a minimum, I would think you should do the removal of those canister tubes. You know what I'm saying? Mr. Matty: The bollards. Mr. Bongero: Yeah, and get rid of the all the electronics and disable all the power to it. What if it doesn't get done, that's where we're at right now. Mr. Matty: Mr. Bongero: I totally understand. So, we'd be more than happy to make that a condition on approval. You know that we're going to follow up with phase two. I mean we don't have it fully figured out, but we're more than happy to make it a condition that like hey we're going to develop phase two as part of this approval. But expanding on that, at least set it up so it's kind of like prepped for it. Because I mean, I drive in there, it looks like a bank. You know, I can't imagine you guys can open up this new Brome and Mr. Abbas: Mr. Bongero: Mr. Abbas September 22, 2026 32687 these drive -through canisters are still going to be in there. I would say at least get rid of those. So, it's four column supporting a roof structure. Do you know what I'm saying? That would be my thought. And to just to go a little bit further on, you know, a sense of urgency on the project, we bought 4,000 square feet at an extremely high price per square foot. So, it's in our absolute best interest to act on this in the fastest way possible, so there is nothing that is stopping us from going. It's not funding; it's just a administrative process that we're going through just to get the plans through and then resubmit for that phase two. So we're definitely... I understand the plan. I do. I get it. I'm just concerned about once this goes through. What if it never comes around? What if you guys never do get a tenant there and it just stays the way it is? It just...it's unsightly. It doesn't look like it belongs at all. That wouldn't be aligned with the rest of our properties. So we're well experienced in real estate development. We have several other centers, and I'm not going to keep a center without a tenant, and I certainly won't have any trouble on Haggerty Road finding a tenant. So, we'll have close to 2,000 square feet, and pipelines already full with LOIs. I have zero issues filling our tenancy. So, our...right now, every one of our centers, we're looking at a 90 plus percent occupancy. Mr. Bongero: Okay. Thank you. Mr. Abbas: Thank you. Mr. Wilshaw: Thank you, Mr. Bongero. Any other questions, Mr. Droze? Mr. Droze: Thank you, Mr. Chair. I had a couple questions about the facade. I guess I'll start with the first one, and I'm looking at the one that we have on the table here. At the study session, we talked about what appeared to be almost like a screening for the...I'm assuming it's for the HVAC system, and one of our concerns was removing the LED lighting, which, based on what we have here, looks like that screening is taken away. So, I guess the follow-up question to that is: Are there going to be rooftop units that we should be screening for that maybe aren't accounted for with this design? Mr. Matty: Mr. Droze: Mr. Matty September 22, 2026 32688 No, there's the...we're still proposing the perforated screening, the cut sheet that I showed you guys at the study session, and there is on that flat roof part there is rooftop equipment, makeup air, RTUs, and whatnot. Okay, I just I'm looking at what appears to be it's kind of like the existing facade, but there was definitely a you know some sort of I'll call it like a rectangular gate on top. That I'm just wondering if that needs to be in the design. Should we be planning for that to provide proper screening? I don't know if Mr. Uhazie, you're showing a two dash two, and I'm going between the two buildings. The rendering has a, you can see it there. Yeah, that's the old rendering. So that phase two was from us earlier, a rendering. It was just something I sent because we didn't prepare something. You know, we couldn't do it fast enough. But the latest rendering. That's what phase one will look like, and then phase two will look like what it shows on that second part where it says phase two. Mr. Droze: Okay. Mr. Matty: Because if you look at this one too, it's just I mean something that was a little older. But if you look at the signage, the signage is on the building limestone part, and then you can see that it's moved up. But that screening will still be there, and there is still mechanical units on that flat part of the roof, and they will be screened. Mr. Droze: But probably the main question, will LED lighting be part of that? Mr. Matty That was the idea, but I think last time we talked about removing it, so we're more than open to removing it. Mr. Wilshaw: Great. Mr. Abbas: If I could elaborate on the LED lighting. So, the LED lighting is not going to be this bright, flashy. It's going to be an indirect light at 3,000 kelvins with a warm tone, and it actually mimics many of the businesses that are up and down Haggerty. So it's not the first time in use in the City of Livonia, and it will be, I mean, it will be very nice and comparable. We know we're up with the Darden Group. We're up with J. Alexander, so it's not going to be anything that is, you know, too flashy or you know bright lights or anything like that. Mr. Droze: September 22, 2026 32689 So, I'm thinking of the...we had the Mercedes-Benz motorcycle place that came in, but it sounds like it's going to be more like backlit, so you won't actually see the lights. Mr. Malty: It's like a wall wash. If you ever seen a light that like washes on a wall type, I don't know if you've seen that before. Mr. Droze: Okay. Mr. Abbas: You won't see the light. The light will be behind this metal piece, and it's going to be washing the perforated metal. So ifs really indirect lighting, and it's very soft, 3,000 Kelvin, extremely tasteful in design. Mr. Droze: Mr. Abbas: Okay, that helps. And then my, I guess I'm gonna go one more design question. I was just looking at your West Dearborn location, and then you have what looks like one in Novi and Westland, Sterling Heights. And so I've seen kind of...you have that...I'll call it your brand with the horizontal yellow stripes, and I think it makes a lot of sense on like an E.I.F.S. type surface. But I guess I'm a little more concerned about on the limestone. It' not going on the limestone. It will not be. That was an email about seven emails ago to remove it from the rendering, but we're just not catching up to get everything submitted. Mr. Droze: What about the brick? Mr. Abbas It will be on the brick. Mr. Droze: Okay. Mr. Abbas: We do want to stay consistent with the rest of our with our brand identity. Mr. Droze: Okay, I'm good. Thank you. Mr. Abbas: Thank you so much. Mr. Wilshaw: Thank you, Mr. Droze. Any other comments, questions, Mr. Ventura? Mr. Ventura: Mr. Chairman, good evening, and thank you for coming here tonight, Mr. Uhazie, .we had a rendering on the monitor showing the canopy being finished. That one. Thank you. Following up on the comments of my colleagues, I too am uncomfortable in Mr. Matty: September 22, 2026 32690 leaving the drive -through just kind of hanging out there. So my first question is, how would your final product differ from what's being shown here? These, I'm assuming, these are your drawings. How would it differ from what you're showing us here? So, I think it would depend on, obviously, what tenant occupies that space. You know, they'll have their own brand identity and whatnot. But as far as material -wise, we're going to try to match that same brick that's already in use for the rest of the bank, and we're just taking it through around that perimeter of that bank and enclosing it. So almost like it's like a new wall, new footing, new wall, and everything. Sometimes it's hard to match that existing brick because you know that came from some brickyard, you know, seven eight years ago. I don't know. Mr. Ventura: So, it really wouldn't differ from what I'm seeing here, other than the brand identity of whoever becomes your tenant. Mr. Matty: Yeah, it would be pretty good. Mr. Ventura: Matching the brick and matching the glass, and the roofs going to be the same, and so that's all going to be there. Mr. Matty: Correct. Mr. Ventura: Alright. Given that, and given that you're this far along, would it be...would you be comfortable with our placing a requirement and our approval tonight if it gets approved that construction begin at least on the shell version, or the shell of this drive - through, prior to opening the restaurant. In other words, you get approved, you get moved forward, and I understand your position here with regard to your investment and beginning cash flow. But we, and I understand my colleagues, and I wasn't here last week, but I hear them clearly that everybody, including Mr. Hanna, the chief of my Building Department, is unhappy or uncomfortable with leaving that thing just hanging out there. So that would, I think, solve everybody's problem. Once you start construction, get your permit for the drive -through, you get out there and start working. Then, bang, you get your permit for the...you get your C of 0 for the restaurant, and you're off and running, and that provides some assurance that this is really going to happen, and gives you, since you're this far along, you don't really have that much more to do other than do construction drawings to submit to the... Mr. Abbas: Mr. Ventura: Mr. Abbas: September 22, 2026 32691 The most important aspect for me is it takes us...our interior buildouts are pretty elaborate, so it takes us probably six to eight months on a typical fresh casual. You know, it might take four months tops, so that gives me a little bit of time, a little bit of a jump start. So I don't mind absolutely doing that and having that as some sort of conditional approval. But I do want to preface that with, there was a conversation at one point with some at the building department that after getting the survey back, the building envelope might be a little bit larger in depth than the drive through itself. So, if that was the case then it would be, it would follow the lines of the building, so that's why I just...and that would actually make it even more cohesive, and much easier to design. It would give us a flat roof, you know, through that second part instead of it going up, you know, up down up again, to that angled roof. As long as you're comfortable with that kind of a condition, then I think that's satisfies me. Absolutely, I mean, our intent, and I'm willing to you know put it on the line. Mr. Ventura: Thank you very much. Thank you, Mr. Chairman. Mr. Wilshaw: Thank you, Mr. Ventura. Any other comments or questions, Mr. Caramagno: Mr. Chair? I've got a couple. Mr. Wilshaw: Mr. Caramagno: Mr. Uhazie: Mr. Caramagno: Mr. Uhazie: Mr. Caramagno: Mr. Caramagno. Let me first ask you about the parking. I think we talked about this. These parking spots are single striped. Are they double striped? On the plan, they're showing single striped. Currently as they are, they are double striped. I'm assuming that's just... Just an error in the drawing. Yeah, because that amount of parking spaces already exists. Okay, thank you. So that answers that. Secondly, I've got to certainly comment about the drive -through myself. I personally think I'd rather see a full thought-out plan here. In our study session we heard about a taco truck parking under the canopy or something like that. Listen, I heard what I heard, and I'm certainly September 22, 2026 32692 no fan of that. Secondly, I really think you had an opportunity to really come forward with a...you got a half a beautiful building here, a half a beautiful building, the other half not so much, and I've been here in this Planning Commission fora number of years. I've seen a lot of things come before us and say here's one half of it, and we're going to do this on the other half. Never happened. Never happened, and I'm concerned about this. So, as it sits now, conditions or no conditions, this is a half project in my mind, it's not a full project, and it deserves to have a full project. So that's where I'm at. Just letting you know. Okay. Thank you. Mr. Wilshaw: Thank you, Mr. Caramagno. Mr. Abbas, would you like to say something? Mr. Abbas: Yeah. So, there will absolutely be no food trucks on the property. I don't have food trucks on any of my properties, and I don't even allow it for other tenants, so that wouldn't be the case here. I don't know what was said or misunderstood or what the conversation was. I wasn't at the study session myself, but I am very comfortable in telling you that it is also one of our conditions with the bank. So, we have a building line of credit, and part of it is for me to increase that square footage. So, if it means a condition and you stopping me from opening, then so be it. I'm willing to...l'm here telling you, if I don't follow up on my end, shut it down. Take the property if you have to, but we're not going to get to that point and not continue further to finish it out in the most tasteful and beautiful way possible. And you're going to be extremely impressed with it when we're done. I'm very confident with it. I serve on downtown development authorities, on the E boards for chambers. This year we were selected as top 50 companies to watch in the State of Michigan. Close relationships with many at the MEDC. Graduated from the Goldman Sachs program. I'm a CPA and an MBA, and everything that you explained, I understand the anxiety it might give, or you know questions around it that might arise in your head, but that does not align with anything that I stand for. So, I hope that gives you comfort that you know we're gonna do our part. Mr. Caramagno: Thank you. I've heard what you said. I've seen similar. I'm just telling you what I've seen and it didn't come through. So, my concerns are still there. Thank you, though. Mr. Abbas: I appreciate it. Thank you. Mr. Wilshaw: Thank you. Any other questions or comments from my colleagues? Just to beat this horse one more time, in regards to Mr. Abbas: Mr. Wilshaw: Mr. Abbas: Mr. Wilshaw: Mr. Abbas: Mr. Wilshaw: Mr. Abbas: Mr. Wilshaw: Ms. Dinaro: September 22, 2026 32693 this drive -through, the question I haven't heard yet, and I'm going to try asking of you, is the how important is that phase two or that drive -through to your to your business? What if we say just remove it and operate using the existing building that you have, with the Brome Eatery that you're proposing. How does that look in your business plan? I would say I would package that bad boy up and sell it tomorrow. Okay, so this... I would say nobody would buy it at the price that we bought it for, without having to add that additional square footage to have it make sense at this point. So, that phase is essential. It's essential to you. It is essential to the success of the project. Not only that, I also met with the president of the association and people from the Building Department ahead of time, as I was in the process of purchasing the building, and part of the conversation was that the city wouldn't want to see a drive -through food service operation, and that's actually part of my business model. So, I've already made my concessions to try and appease to the building department and you know the Planning Commission and Zoning Board if I have to go up against them too, but I thought I was easing my way into the project rather than making it even more difficult, which seems like that's kind of...that's where we're at right now. No, I just want to understand how important that is to you, so that we can think about that as we decide how we're going to proceed with this. I appreciate it. Alright. Any other questions from any of my colleagues? I have a follow-up too. How open would you be...l think the problem all the commissioners are having is having that drive - through. It's unsightly. It's going to be problematic in the time that you're going to open up Brome and the phase two. Are you open to other options, whether ifs removing all of the center columns so it no longer looks like a drive -through in the meantime. Mr. Abbas Ms. Dinaro: Mr. Abbas: Ms. Dinaro: Mr. Wilshaw: Mr. Droze: Mr. Malty Mr. Droze: September 22, 2026 32694 I'll make it even easier. I will demo the whole thing, contingent that I have something that says that I will be allowed per survey, per building department approval, to add the additional square footage. If that's what it takes to get my approvals today, I will do that, but I have to have some assurance that I'm going to be able to move forward too, because I know once you take down a structure, at that point sometimes it's you can't put another structure up, and I don't want to come to that. A follow-up to that: Are the center columns, are they structural? They are structural so they can't be taken down. All the mechanicals have been taken out already. The tubes are gone. I think the tubes at the columns where the car would drive through those are there, but everything inside us gone already. Everything that connects you from the window all the way through. Got it. Okay. Thank you. All right, I think Mr. Droze was next, and then Mr. Ventura. Last quick one. We did also talk at the study about going back to drive -through. The part, the pavement in front of it, and you know, if we can't remove the columns, could we basically convert all that pavement in front to green space for you know future dining or whatever that might be to kind of, I mean it's pretty evident that the group doesn't want to have a lingering drive -through because this is going to be a citywide issue as banks continue to close we don't want these relics around. We want to look forward to what the next use is of these buildings are going to be. So, is that something that you would consider? Basically, adding curb and gutter around to redefine that space so it's so you can't drive a car right up to it. You know it looks like something's going to come there at some point. So, he's talking about in the front of it where kind of we have seating. So if you look at the updated site plan. We actually do have a curb and gutter, and there's like a five foot walkway, with a ADA accessible ramp to get into that new part of the building. But is that the next phase? And I think, you know, picking up on Commissioner Caramagno's comments, you know, we are usually a pretty...a commission that works with the applicants, but this is stuff that literally showed up on our table as we walked in tonight, and to some extent, I feel like we're being a little bit Mr. Malty: Mr. Droze: Mr. Wilshaw: Mr. Ventura: Mr. Abbas: Mr. Ventura: Ms. Dinaro: September 22, 2026 32695 pressured to make a decision on this, and you know, there's a lot of...the renderings are changing. We're talking about changing the paint on the buildings and adding this or adding that and pulling things together. It's not feeling like an overly cohesive plan set, and you know, I think we're reacting as it's coming to us. But these are things that we talked about at study pretty clearly, I thought so. So, everything we talked about the study has been addressed as far as the screening, as far as moving the dumpster, and then as far as showing you guys our phase two study on what we planned on doing. I do understand it was kind of quick, but you know, like a week long for us to design something is kind of quick too. So we sent you what we had existing, and that's kind of what we talked about at the study. Is that I would send the existing elevations that we had planned to develop that you know phase two, and again, we're more than open to make that a condition. Approval that you know we do that phase two part of enclosing that drive -through. All right, I'm good. All set, Mr. Droze? All right, Mr. Ventura, I believe you're next. So, I don't think this is quite dead. I'm going to be on it some more to try and address Ms. Dinaro and Mr. Caramagno's concerns. The question I asked the petitioner was, would he consent, would he be agreeable to a provision in our consent in our approval resolution tonight, should we approve it, that requires him to begin construction on the...can you put that drawing back up there again, please, Mr. Uhazie? That would be what A 2.2 looks like prior to the issuance of an occupancy permit for the restaurant, so that he's in a hurry to get his restaurant open, we'd like to have some assurance that this drive -through is going to get handled and not be hanging there for another year or 10 years, and I think that accomplishes it. At least I hope that accomplishes it. And if you are both comfortable with that, I believe the petitioner answered that he would agree to that. Am I right? Absolutely. Okay. Are you both comfortable with that? I'm good with that. September 22, 2026 32696 Mr. Caramagno: I can listen to that, Pete. I don't see any detail on this covering of the drive -through. It doesn't show any detail at all. Shows three windows and a door. Doesn't show what kind of coverings. Ms. Dinaro: They'll have to come back to us. to come back with a detailed plan. Mr. Abbas So this wasn't a fully executed set of plans, but more importantly, it's clearly outlined that it's a cohesive structure as it's shown here. It's we're going to continue with the same brick, the same facade, following the existing overhang -that's the existing canopy line. The only thing that I was saying was, if it makes it easier, tear the whole thing down. If that would make you happy, in the process of my construction, come back to you with a full set of drawings. Mr. Caramagno: When you say tear the whole thing down, tear the drive -through down? Mr. Abbas Tear the drive -through canopy down. Yes. Mr. Caramagno: I like that. Mr. Abbas: You like it? Mr. Caramagno: I like that. Mr. Abbas: No problem. Mr. Caramagno: I like that. My question for you is, I don't know why you didn't come to us with a full plan in the first place. And again, the fellow next to you was at the study session, and we talked about a lot of things in detail, and we come back with a lot of more questions and answers on this plan. If you ask me, we talked about the lighting on the overhead, and we still got lighting on overhead. We talked about moving the dumpster. Dumpster got moved, but not to the area we wanted it. We wanted it in the back of the building where the others are. We talked about closing this drive - through or something else. It's not what we see here. It's just not what we've seen here. And you're investing a lot of money. I get that, and you want to be successful, and I want you to be successful. Mr. Matty: Thank you. Mr. Caramagno But I don't want to approve a half a plan. Mr. Wilshaw: Mr. Bongero: Mr. Wilshaw: Mr. Bongero: Mr. Abbas: Mr. Bongero: Mr. Abbas: Mr. Bongero: Mr. Abbas Mr. Bongero: Mr. Wilshaw: Mr. Bongero: Mr. Wilshaw: September 22, 2026 32697 Is there any other questions or comments from my colleagues? Mr. Chair? Mr. Bongero. I feel comfortable with Mr. Ventura's proposal, being that the petitioner is in agreement with it. I think it kind of answers our concern. If you tear down that structure, would your intent be to make it a bigger addition then? Once you get a clear, follow the full building Yeah, so... You'd make it even bigger. I'd make it more cohesive with the building itself. So, following the building lines, the same depth of the building. So, it's more of a rectangular pattern, and it gives us it's easier sight lines for anybody passing by, so it looks better. So if you tore it down, now when you disconnect it from the existing building, it's going to be pretty tore up. It's not the way that it sits. We've already looked at all of this. So, you have one brick building, and then the overhang kind of comes and sits. That parapet is still intact. It sits over the parapet. It's a cinderblock parapet. Yeah, I'm looking at it. I'm fine with Peter's proposal on my end. That would be my case. We'll see what happens. Okay. We've had a lot of discussion on this. I do want to give anyone in the audience an opportunity to speak on this as well. There is a number of people in the audience. I'm sure they're all here for the Brome Modern Eatery. Is there anyone who wishes to speak on this item? No one. Gosh. All right. Well, that was easy. Then I guess I'll go back to my colleagues. Is there any other discussion on this item? It's been very discussed. Anything else that you'd like to say before we make a decision? Mr. Matty Mr. Wilshaw: September 22, 2026 32698 No, just that we're more than open to...We'd like that condition. I think it works out for everybody, and we hope that we can move forward with this project. All right. As I hear it, this sounds like there's a couple different options that have been thrown around. One is to basically finish the walls as is. Another one is to tear it down and have them start over. It's going to be up to my colleagues, whoever makes the motion, to decide how they want to proceed. A motion is in order. On a motion by Dinaro, seconded by Ventura, and adopted, it was #09-63-2026 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on September 22, 2026, on Petition 2026-08-02-23, submitted by Afor Concepts requesting waiver use approval under Sections 3.10 and 6.51 of the Livonia Zoning Ordinance, as amended, to operate a full -service restaurant (Brome Modern Eatery) at 19450 Haggerty Road, located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road in the Southwest % of Section 6, the Planning Commission does hereby recommend to the City Council that Petition 2026-08-02-23, be approved with following conditions: 1. That the Site Plan marked Sheet C1.0, received September 22, 2026, as revised, prepared by J&A Architectural Engineering, is hereby approved and shall be adhered to. 2. That the Elevation Plan marked Sheet A2.2, dated March 26, 2026, as revised, prepared by J&A Architectural Engineering, is hereby approved and shall be adhered to. 3. That the site's landscaping shall be restored to the satisfaction of the Planning Director and thereafter permanently maintained in a healthy condition. 4. That any facilities for the outdoor storage of refuse shall be screened by means of an enclosure constructed of masonry walls with metal enclosure gates which shall be properly maintained and, when not in use, closed at all times. 5. The trash enclosure shall be relocated, to minimize its visibility from Haggerty Road. Placement shall be adjacent to the east side of the building to the satisfaction of the Planning Director. September 22, 2026 32699 6. That all light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways. 7. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows. 8. That a trash receptacle shall be provided for the outdoor patio area and shall be emptied regularly as needed. 9. That a greenspace buffer should be planted around the outdoor patio. 10. The petitioner shall return to the Planning Commission for review and approval of the canopy infill building with the following items: • Detailed building elevations and architectural renderings depicting all sides of the canopy structure , including material specifications and color schemes. • Sign location details, including size, placement, and method of illumination. • A utility plan identifying water, sanitary sewer, storm sewer, and other public or private utility connections. • A circulation plan demonstrating adequate on -site maneuverability for service vehicles, including garbage trucks, delivery vehicles, and emergency apparatus. 11. That construction of said canopy infill building shall be started before any Certificate of Occupancy will be issued. 12. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 13. Per Section 13.13 of the Livonia Zoning Ordinance, this approval is valid for one (1) year from the date of approval by the City Council. Unless a building permit is obtained, this approval shall be null and void after the one (1) year period. September 22, 2026 32700 FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 of the Livonia Zoning Ordinance, as amended. Mr. Wilshaw: Is there any discussion? A roll call vote on the foregoing resolution resulted in the following: AYES: Dinaro, Droze, Bongero, Ventura, Wilshaw NAYS: Caramagno ABSENT: Long ABSTAIN: None 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 #3 PETITION 2026-06-06-01 Data Center Ordinance. Mr. Caramagno, Secretary, announced the next item on the agenda Petition 2026- 06-06-01 submitted by the City Planning Commission, pursuant to the referral by the City Council, to determine whether to amend Sections 2.02, 3.03, 3.10, 3.11, 3.12, 3.13, 3.15, 3.16, 3.17, and 6.61 of the Livonia Zoning Ordinance, as amended, to define and regulate Data Centers, including establishing the zoning districts in which they can locate and any special requirements. Mr. Uhazie: Thank you, Mr. Chair. So currently, data centers are treated as permitted use in all commercial and manufacturing zones. We are proposing 10 changes to the zoning ordinance that would help address those concerns. This was referred to the administration by City Council. These changes would include changes to Section 2.02, which defines data centers and accessory uses. The definition is shown on the screen. It basically delineates a clear difference between what a data processing center is and a data center. The data processing center is the way the ordinance currently treats both data centers and where the data centers would fall under the current ordinance. But it clarifies what a data center is versus what a data processing center is. The section three amendments are to establish the districts that the data centers can be located and/or prohibited in. The new section 6.61 of the zoning ordinance is intended to establish specific development standards and special requirements applicable to these facilities. These specific requirements include location, which would be for any data centers over 100,000 square feet or more that have a maximum electrical demand of 15 megawatts or more would need to be 1,000 feet from any residential September 22, 2026 32701 properties. Anything that is 100,000 square feet or less with a demand of less than 15 megawatts would be required to be at least 300 feet from any residential area. The cooling systems would include... in addition to the amending the Code of Ordinance under Chapter 13.04, the cooling system would be required under our zoning amendment to be a closed -loop cooling system. The applicant would need to demonstrate to the satisfaction of the city that the proposed cooling systems minimize potable water consumption, and it would not create an undue burden on existing planned public water infrastructure. The power requirements would need to provide written documentation from the applicable service provider, showing that there is adequate power available. It would also require that the data center have a reasonable use of renewable energy when possible, and that generators would only be used for emergency power and for testing or manufacturer required testing, not on a continuous basis. There would also be provisions for sound that the data center would have to conduct a sound survey to be performed by a third -party acoustic engineer to document the baseline sound levels and then monitor at the property or 1,500 feet from the property line of any residential areas to abate any noise concerns that would come up, and they would also need to build in incorporated sound mitigation systems. Any equipment used for cooling or ventilating or powering the facility would need to be shielded and encompassed on three sides by an opaque barrier extending at least 12 inches above the mechanical equipment and screened from view, and then finally, it would require a decommissioning plan as well as written notice to the city. The plan would include 12 months after the notification, they would remove all generators, fuel storage, batteries, cooling equipment, and related accessory structures, and leaving the building in a condition suitable for occupancy by another permitted use for commuted use or for demolition. The applicant would need to provide a written removal plan and financial guarantee in the form of the amount applicable to the city attorney to make those guarantees happen. As I mentioned, additionally not approved here, but the city council would be reviewing Section 13.04 of the Code of Ordinance that would amend the regulations governing water use for the data center. Additionally, we have from our study session gone through and done some land analysis, showing that the data centers, the larger data centers that would require 1,000-foot buffer from the M-2 district, there would be about 600 acres of developable land with that 1,000-foot buffer. There would still be large contiguous properties. The five largest properties would be 112 acres, 44 acres, 34 acres, 33 acres, and 31 acres in size. The smaller data September 22, 2026 32702 centers requiring the 300-foot buffer in M-2, there would be approximately about 1,000 acres of developable land for data centers at that size. The five largest parcels there would be 187 acres, 60 acres, 58, 55, and 48 acres. Some of the research in this has shown that about 25 to 40 acres are required for a 500,000 square foot facility for reference. Mr. Wilshaw: Jacob, while you're on this map, can you just explain what the coloring is that we know what we're looking at? Mr. Uhazie: Yes. So, the yellow areas are residential areas. The quasi - transparent tinted areas is the 1,000-foot buffer. This shows where in the city... basically the darker blue is the M-2 districts, and the black is the existing building footprints. To give an idea of where data centers...the intention of this one is to show the amount of land that's still available. We're not excluding data centers totally from the city. There would be 600 acres available for something that meets the conditions, but this gives us an idea of where and how close they are to the residential area and what that buffer zone would look like. Okay, thank you, Ms. Dinaro: Jacob, these are currently available, or would be available if like... Mr. Uhazie: This is land that would be buildable for a data center in theory. Ms. Dinaro: Okay, so and just so we're clear, all of those parcels right now are occupied. Mr. Uhazie: Correct. Ms. Dinaro: One of those parcels is Ford. One of those parcels...these are all in the industrial zones, and they are all currently occupied? Mr. Uhazie: Correct. There are no data centers being pursued under the ordinance as of now that I'm aware of, but this is just to show where they could go under this ordinance and where they would be prohibited. Mr. Wilshaw: Okay, I don't want to completely distract you from where you're going. If you want to continue. Mr. Uhazie: That was basically the presentation anyway. Mr. Wilshaw: Oh, well, that's ideal. Is there any communication from any department heads on this? Okay. Alright. So that's a lot of September 22, 2026 32703 information. Thank you for that. I do want to stress, though, that Jacob did not go through every single element of the proposed ordinance, the draft ordinance that we have. He's hitting highlights. It is a lot of pages and a lot of items scattered throughout our zoning ordinance. I certainly suggest that anyone interested in this take the time to read through those so that they can understand all the elements of it. But we're hitting the high points in this presentation that Jacob just gave us, and I do want to explain because the city is the petitioner on this item. The way that we're going to handle this particular ordinance request is a little different from the item that you just saw before. Typically, what you would see is we'd ask the petitioner to come forward and speak to it, and then we'd ask questions, and then we give an opportunity for residents to speak on that item before we make our decision. In this case, the format is going to be a little bit different because we are the petitioner. So first, I'm going to ask my colleagues if there's any questions that they have of Jacob and the presentation that was just given. I want to focus mostly on clarifying questions at this point on anything that was talked about. Then, after that's done, I'm going to give an opportunity, we're going to go pretty quickly to audience communication. This is a public hearing. We want to hear what you have to say about this particular issue. Once everyone's had a chance to speak, I'll close the public hearing, and then I'm going to let my colleagues deliberate on the draft ordinance that we've been able to read so far, that we've had presented tonight, and the comments that we've heard from you, incorporate that into their deliberation, and then hopefully a decision will be made by the end of this evening. It's entirely possible that this item could get tabled for further study, but those are the options. It can be approved. It can be approved with modifications, or it could be tabled. I do want to give a little bit of background on this item because I do know that this has a lot of public interest in both the city and beyond. If you are interested in this topic, I do suggest that you continue to follow this item through to the end because we are just one step in the process. There have been several weeks spent by city administration to prepare this draft ordinance that we hear Tonight, we are going to discuss it. What we do as a Planning Commission is we make a recommendation to City Council. The City Council will then go through a similar process of having meetings. There will be opportunities for people to speak at those City Council meetings, and the City Council will ultimately make the decision on enacting this ordinance if they wish. I do want to reiterate a couple things that Mr. Uhazie said. One is that Livonia has not received any requests to build a dedicated data center at this time. However, I also want to be clear that our ordinances at Mr. Ventura: Mr. Wilshaw: September 22, 2026 32704 present don't currently distinguish the difference between a little network closet that's in a office building, a server room, or a hyperscale data center. So, if something were to happen to come to us right now, we don't have any controls in place for that. That's why we're here tonight. The City Council has asked that the administration and our body and themselves to try to craft rules around these dedicated data centers. What we're going to do is try to define what, where, why, and how these things can operate in the city if they do happen to come to us. Livonia is definitely going to be better off prepared with a solid ordinance before this request comes to us, rather than after, if one ever even comes to us. But, that being said, it's not far-fetched to believe that at some point a company or petitioner may come to us and want to build out a small to mid -sized data center of say 50,000 square feet, 100,000 square feet, 200,000 square feet. We have buildings in this city that can accommodate that kind of use. We're not talking the 2.2 million or 2.5 million, you know, Saline data centers here in Livonia. I don't think we will ever see anything of that scale, but that's not to say that smaller scale data centers may not wish to come into the city. They do exist in other cities. They have existed in this city in various formats in the past. So, we're not trying to prevent that use with this proposed language. What we're trying to do is control that use by having sufficient controls in place when they currently aren't in place. The administration has spent a lot of time on drafting this. Our law department, our planning staff, our DPW have all been involved in crafting the ordinance that is drafted before us tonight, and I do appreciate all the time that they have put forth in this. But it's still draft. We still have a long night ahead of us. We still want to hear from all of you, and then we need to make our decision as well. So, as I've said, this is just the first step in the process that we're seeing. So, again, first step for us is to see if there's any clarifying questions. Anybody has any questions for Mr. Uhazie at this point, Mr. Ventura? Thank you, Mr. Wilshaw. I just want to clarify something you just said. So the information we've been given in our packet tonight is not the language of the proposed ordinance, but the language that does exist. Our packet contains the draft ordinance that was prepared by the administration. It's been updated over the last few weeks as feedback has come back from various department heads. We are prepared to approve that tonight as it is, or we can modify it if we hear of other things. Mr. Ventura: September 22, 2026 32705 That's not my question. Is this packet that we received the sum total of the copy of the language of the ordinance we're being asked? Mr. Wilshaw: Yes. Mr. Ventura: So, what reference did you make when you said there are a lot of other notes that are not here? Mr. Wilshaw: Mr. Uhazie's presentation did not detail every single element of the proposed ordinance. Yes, he was just giving highlights in his presentation. Mr. Ventura: All right. So, everything that's proposed to be... Mr. Wilshaw: You have everything in front of you. Mr. Ventura: Okay. Mr. Wilshaw: Yes, and that is our packet, which is also available publicly, so the public could read this as well. Mr. Ventura: I apologize. To be to be clear, the acreages that Mr. Uhazie talked about don't exist in terms of land that's available to be developed today. Mr. Wilshaw: Mr. Uhazie Mr. Ventura: I'll let Mr. Uhazie address that. Say that again. Vacant land, the areas of the acreage that you pointed at within the zoning M-1 and M-2 zoning categories, do not exist as vacant land today. That some developer could come in and say, I want to build a data center here. Mr. Uhazie: Yeah. All I was referring to is that the land is currently M-2 zoned, and it is. Mr. Ventura: But your answer is no. Mr. Uhazie: No Mr. Ventura: It does not exist as vacant land. Mr. Uhazie: It is not vacant. September 22, 2026 32706 Mr. Ventura: Someone could come in and say, "I want to build a data center here. Mr. Uhazie: Correct. Mr. Ventura: Thank you. Thank you, Mr. Chair. Mr. Wilshaw: Thank you, Mr. Ventura. Any other questions to clarify? Ms. Dinaro? Ms. Dinaro: I have a couple. So, Jacob, can you explain just so everybody in here understands where we're at right now? If a data center comes in, there is really no way for the city to turn them down with our current rules. We can't tell them you can't be in this area. You can't be in this area. We have no legal authority right now to be able to turn down or to be able to regulate where they go. Mr. Uhazie: Ms. Dinaro: Mr. Uhazie: Correct, as Mr. Chairman mentioned, they are a permitted use. We don't delineate between a hyperscale versus a server closet, as you mentioned. So, they would be able to go into any of the, as I mentioned, the commercial or industrial areas currently zoned. This would offer us a chance to actually regulate that and set up some barriers and guide, excuse me....this will allow us to set up some barriers and regulations to guide, or excuse me, to not prevent their development, but to have say on how where and how they are developed, Then my second question is: We are proposing that they can only be in M-2. Can you tell us what M-2 means and what is currently...what kind of industries do we currently have in M-2? M-2 is our heavy industrial. That is where the most intense land uses are going to be. That is allowed for higher intensity manufacturing, storage yards, things that we want to keep more separate from the general public, and for health and safety reasons. Ms. Dinaro: Great, thank you. Mr. Wilshaw: All right, thank you. And on that particular subject, most of the M- 2 zoning, -not all of it, but a lot of the M-2 zoning that exists in this city, several of those parcels were auto plants previously, correct? Mr. Uhazie: Correct. Mr. Wilshaw: Mr. Ventura: Mr. Wilshaw: September 22, 2026 32707 There were five auto plants in the city at one point. So, some of those are examples of sites that would be M-2, correct? Okay. Any other questions from Mr. Uhazie? I'd like your guidance as to how you'd like to proceed. I have a great number of questions. So, do you want us to go through all of the questions that occurred to us as we read this package, or would you like us to defer that until after the public has had an opportunity? I would like to let the public speak to us and then what's going to happen is once they get a chance to tell us their thoughts, then we can deliberate as long as we need to deliberate. Mr. Ventura: Great, thanks. Thank you. Mr. Wilshaw: Alright, thank you. Any other clarifying questions for Mr. Uhazie? If not, you're all set, Mr. Uhazie. Thank you. Now, what we're going to do is move on to audience communication. This is the time when you have an opportunity to speak to us about your thoughts on this proposed ordinance. I do want to set some ground rules because there's obviously a lot of folks that haven't been to one of our meetings before. Anyone interested in speaking on this item can come down to either podium on either side of us, line up so we can keep the meeting moving along. I see you already started. Thank you, sir. To be fair to everyone, each person will get two minutes to speak. This is the same time that you're going to get at the City Council meeting. I know that doesn't sound like a lot of time, so I'm going to try to give you a few tips just to try to make things a little bit more effective for you. If you have a particular point that you're trying to get across, I suggest you start with that. That way, you can get that point across, and we can hear it, because a lot of times what happens is people get bogged down talking about their background and explaining why they're up here and so on, and then the two minutes runs out and they've never got to their point. And I don't want that to happen. Please speak to us because that's why we're here. We want to hear from you. If you have any questions that are simple that we can maybe answer on the fly, we might be able to. But more often than not, what's going to happen is any questions that you ask us are probably going to get written down, and well wait till we hear from everyone. And then, if we need to ask those questions of our staff that are here or what have you, we'll do that kind of afterward. That way, we can keep the meeting moving along. Anyway, with that being said, we want to hear from you, so feel free to come forward. We're going to start with this September 22, 2026 32708 gentleman that's on my left, and we're going to ask for his name and address, please. David Underwood, Richland Street, Livonia, MI. You said two minutes. I'll get right to the points here. Mr. Wilshaw: Thank you, sir. Mr. Underwood: Mostly, I have concerns about things that have already been done in other data centers and the statistics that they've generated. The main three, is the water use, electricity use, and the noise factor. The water regulated here by the Great Lakes Water Authority says that Livonia currently uses 14.3 million gallons a day. So far, looking at other average data centers, they require about a million gallons per 100,000 square feet is what the East Coast came up with. Now, currently, the Great Lakes Water, the Authority, is running improvement lines, improvements on some of the major water lines. They're in Oakland County right now, where they've had four breaks, four catastrophic breaks in the last seven years on the 48-inch water arteries. Now, there's no planned improvements in Livonia currently for the Authority. So, a million extra gallons coming through our lines currently, what kind of strain is that going to put on our current system, with no improvements in sight. Moving on to electric, any company that would come into the state, I guess I would ask you to ask them why they're here and not in a different state. Michigan currently ranks 14th highest in the nation for electric rates. We are five cents per kilowatt hour higher than the national average. I'm not sure what the draw would be to this area, but I suppose you still have to have the zoning prepared. Looking at other areas, you had mentioned the hyperscale, and... Mr. Wilshaw: Your time is up. Mr. Underwood: Okay, let me make one point just for his hyperscale reference. The hyperscale data center in Dojiac is currently...they've got lawsuits between the city and the company, and they have even... the City Council is allied with the public and is still tied up in court. And they've been out there for five years. So, my concern is, once they get in here, you can try to get them out when they're not complying with regulations, but it becomes an issue. Last week on the 17th, National Congress voted 417 to three to require data centers to sustain their own power, so there would not be an increase to the public. I would hope you would support that as well. Mr. Wilshaw: Mark Ayres, September 22, 2026 32709 Alright. Thank you. Okay. Good evening, sir. You're next. Livonia, MI. I would like to raise concerns regarding the economic factor of data centers. While the gentleman before raised the ecological factors that data centers propose, the economic factors are, in my eyes, more severe. So, if you're going to look at how many jobs and how much money the Al industry is currently worth, they are falling off incredibly rapidly. The current Al industry is fighting for investors, which is why they're drumming up the fact that it's all going to kill everybody. The short-term economic benefits that you may encounter are not long-term, as opposed to the ecological damage that these things will cause, I think it's great you guys are currently proposing regulations and getting ahead of the bell curve on this, however, I think whatever regulations that do end up getting passed need to be way stricter, just for the water quality, the water quality problems. The sorry, I lost my train of thought. The water quality, how it affects daily people, how it affects daily life, how it affects the surrounding flora and fauna -all of these are concerns that will be that will forever outlive any again any short-term benefits that the data centers provide. That's all I had. Mr. Wilshaw: Alright. Well, thank you for your comments. Jim Corran, Edgewood, Livonia, MI. I am the pastor at St. Paul's United Church of Christ in Saline. I am about 10 minutes away from the Al project in Saline, but I want to be very careful with what we talk about here because this is not the place to argue do we want a data center or not? This is the place that says we're going to look at what the regulations would be if a data center came to us. They came into Saline Township, which has a whopping budget of $160,000 with a $6 billion proposal. So, they can get fire trucks, they can get police cars, they can do a lot of stuff for $6 billion. But the point is, that's not the decision. That's our fight at another time. Now it's just what are we doing... what would it take for somebody to even bring a proposal to, and I want to be very careful on that because we could be here till 1o'clock in the morning, arguing the points against or for a data center. Thank you very much. Mr. Wilshaw: Thank you for your points. Thank you. Hi. Good evening, sir. Trevor Wilson, Hillcrest, Livonia, MI. Okay, it's great that you guys are trying to get, you know, guidelines on, you know, what data centers can and cannot be, right? I think we can all agree that some data centers are okay based on the size. The questions I have, right, and the Mr. Wilshaw: Kate Higgins, September 22, 2026 32710 confusion that people seem to have is the size, right? We're all against the hyperscale, right, big data centers that we see taking up all the resources and water and power, right. I think going forward, right, there needs to be some clarity on what size would be okay, right, you know, because like you know, like you said, like a network closet versus the big ones, right. Make that clear, right, because obviously summer, okay, right? Because everyone, every company's got a server, which is technically a data center, right? So, we need some of those, and what size is okay? And then, like I said, those hyperscale ones. I think everyone in this room was against those hyperscale, I would venture to guess. You know, and like you said, like you mentioned, the. economic impact, right? There's all this space with very few employees, right? So, it's not a huge economic impact for in terms of job creation, right? There's the initial construction boom, but after that, it's like 10 employees to run this massive hyperscale thing, and they just scale skeleton crew. So then, I would say you know in future presentations, just kind of, like you hear like 15 megawatts, right? I don't know what that is. I don't know what size that is, right? Make that clear so people can understand the size and your concerns better. And then my other concern is, is 1,000 feet clearance enough, right? Like for the reach...for the sound abatement, and then clarify what sound abatement is, right? You know, because like we've all heard the horror stories of this loud, constant, pitched, high-pitched whine that people hear, right? So, you know, just make it easier for the crowd to understand what your guidelines are, because these numbers don't mean a lot to us. So that's very fair. I appreciate those comments. Thank you for coming. Hello. Good evening. Melvin Street, Livonia, MI. I think we should propose regulations to make sure...limit the use of water that data centers use. A lot of data centers do use water as their main source of cooling the computer systems. There are other ways to cool the computers. Just water is the cheapest way, and I think putting regulations in limiting the water usage so they're pushed to use more alternative cooling systems that aren't so harsh on our water systems would be beneficial. I also think that, you know, it's not crazy to think that an Al company could buy up multiple lots of land in the M-2 section and make a hyperscale data center. I think we do need to define what like a server room from a big data center is. Just the room, like not having the whole building be the server room, but a little room off of the whole building would be a server room compared to a whole data center. But yeah, that's just really my Mr. Wilshaw: Ms. Higgins: Mr. Wilshaw: September 22, 2026 32711 concerns: is regulating it so it can not be so harmful on the residents of Livonia, especially with the sound, I don't think 1,000 feet is enough. It will also bring down the property value of all the residents who live around that area, and I think that'd be very harmful to everybody in Livonia. So yeah, I guess that's all I have to say. Thanks for your comments. Appreciate you coming. Thank you. I know it's not easy for sometimes if you've never spoke publicly, so it's great to see people doing this and feeling comfortable doing it. Good evening, ma'am. Laura Hufschmidt, Greenland Street, Livonia, MI. I come from a very highly regulated industry, so everything I hear that you guys are talking about is determining what we can do to allow a data center in, and what I want to understand is what are we doing to not allow a data center in here?. Mr. Wilshaw: You're cutting into our time, though. Ms. Hufschmidt: We don't know what we don't know about the long-term effects of a data center in our community, and because of that, there is no reason for us to be a first mover when it comes to data centers. There's no rush, and so I want to know what this council is doing to prevent one from coming. Thank you. Mr. Wilshaw: Alright. Thank you for your comments. Michael Wheeler, Park Street, Livonia, MI. First, I just want to congratulate our audience. They have a wealth of knowledge. I'm very impressed by that. I am in the technology business for a long time. I do know a thing or two about the data centers. Just so you know, the full- size hyperscale data centers require more power than two Atlanta, Georgia's. A half -scale data center is one Atlanta, Georgia. What's that going to do for us that continuously lose power today? In Finland they actually bury the data centers three stories down. They use the heat to melt the snow on the streets and sidewalks. Why we don't do that here in America, I don't know. It's beyond me. I'm not going to judge that. But the humming that comes from a data center. There is residents that live near data centers currently across the country. One lady said she lives a mile and a half from a data center, and the constant humming is making her want to move. It doesn't stop. It's 24/7, September 22, 2026 32712 365. It's a loud hum. So, these are just some things we need to consider when we look at the data centers in our area. All right, thank you. Mr. Wilshaw: Thank you for your comments. Mr. Karasinski. Jerry Karasinski, 1948 Bainbridge Avenue, Livonia, MI. I did a little bit of research based on CEDS, they're showing for the kind of size data centers that would even be possible in Livonia, given the way we have built out parcels, 500 feet might be adequate instead of 1,000 feet. One of the issues with noise is actually if they use air cooling on the roof instead of water cooling, so we probably need to address the issue of air cooling. Another issue is the backup generators. So, most data centers, most large businesses rely on diesel generators for backup. Those are typically tested every month, if not more frequently. We should ask for sound deadening around those, regardless of whether we're looking at 300 feet or 500 feet. I would also add restrictions. Someone mentioned the federal government was looking at requiring power plants. We don't have any restrictions on power plants in Livonia that I could find from the ordinances that were included in the packet, we probably want to eliminate power plants in the size, given how much residential property we have in this city. So those are the things that I was looking at and considering when reviewing these. Thank you very much. Mr. Wilshaw: Appreciate your comments. Thank you. Hi. Good evening. Naz Cimsit, Aspen Drive, Livonia, MI. It's an honor to hear about Livonia making these revisions because this is truly to protect the people. I have been a part of these discussions since we started researching how to restrict and how to not so much restrict, but to protect the people of Livonia, and I obviously still come with questions. So I would like to address that 1,000 feet for 15 megawatts is just about under a quarter of a mile, and that's important because in a quarter of a mile, infrasound can still travel. Infrasound can travel up to three miles, and infrasound might not be audible, but it is a low frequency wave that can travel through walls and into the ears of Livonia residents, especially children. It is proven to disrupt their heart health, their cognitive health, and can even cause insomnia. So, it's important to consider that. It's also important to consider controlling the water in a closed -loop system. That water can get polluted very quickly and ensuring that that water quality is staying at a maintained level ensures that we are never reintroducing pollution into our fresh water in Michigan, and then as a third point, I would like to address that September 22, 2026 32713 the heat does need to be recycled as we are in a wet bulb climate in Michigan. If heat is not recycled from this data center, the heat that happens within servers from being overworked so long goes straight out into our air and will slowly increase temperature over time, contributing to rising temperatures. So, those are the three points I'd like to address. And thank you for your time. Mr. Wilshaw: Thank you, Naz. I just want to note Naz was involved in the preparation of a really good paper that I read from University of Michigan. I believe you had some involvement in that, and one of your colleagues sent it to me, and I appreciate that. Thank you. Hello, Mr. Biga. Jim Bigal, Livonia, Michigan. I want to say that it was really informative last week at the study session. Too bad Zach isn't here to present about the water, and everybody find out there's only one waterway into Livonia. That's along Haggerty Road. That any other entity would have to build new water mains on any of the other water mains coming into Livonia, and that would have to start at Eight Mile and run all the way down through the city, and the cost and finding right of ways is nearly impossible, according to Zach, and he's our water guru in Livonia. So, it would be really nice if you had had that presentation here as well. Also, about the power and usage, and he even pointed some things about that. That would have been nice to have been here, and also the map that Jacob showed would have been really nice if you highlighted really what 1,000 feet looked like and how small the area is in the M-2 that really would be usable. That would have been nice for people to see. So much information was there last week that I don't think people got a chance to see. Also, the city is reducing the amount of sound that can be in the noise ordinance, and I don't know how that plays into all these ordinances and about the sound with the things going on. The same thing with generators and everything else like that. I don't know how that would play because if somebody's hearing that, they call and they go out with the sound meters day or night, and if it's there, the city can start fining and closing things down, and I'm thinking that a lot of that's not in what I'm seeing here, so I don't know how that's going to play into all these changes that need to go into this ordinance. Thank you. Mr. Wilshaw: Thank you, Mr. Biga. Mike Hubbard, Six Mile Road, Livonia, MI. I'm really impressed by the knowledge and details that people have. I'm not. I don't have that much knowledge and details. What I do have is my own concerns when it comes to hyperscale compared to the CAFO farms in Toledo in September 22, 2026 32714 that area that contribute to all the Lake Erie mess down there. They got around that by just making their big farms just a little bit smaller, and that got them out of those conditions. So, I think what is going to happen as there's community pushbacks against the...that you're going to see them come and be more rather than hyperscale. They're going to make them smaller, but more of them in the same area. So, I think you should take that into mind. The other thing is electrical costs, of course. I looked at my bill. I'm still paying for Fermi II. Yeah. So, I don't trust that that we're not going to get the cost. I don't trust that at all. Electrical generators, as we know, Musk and all these people are putting...they're running theirs off of generators, and they're not following any air pollution standards. So, what's that? The noise level, the low frequency noise levels. Well, okay, I'm on Six Mile. You know, I can hear the rumble of 96. So that that says a lot right there. The other thing is Livonia is a middle class community, and it was primarily manufacturing. It has a lot of good paying middle class jobs. Mr. Wilshaw: Can you wrap it up? Mr. Hubbard: I hear it, and I'll close it up. I don't think Al does the middle class any good. Mr. Wilshaw: Thank you for your comments. Hi, good evening, ma'am. Emma Erickson, Livonia, MI. My family has been in Livonia for three generations. One of my greatest concerns regarding data centers is their potential to drive up housing costs and increase homelessness. It's been shown that data centers do bring an initial influx of jobs. However, those influx of jobs and workers has also been shown to drive up housing costs in the areas where these data centers are being put in, and that drastic increase in housing costs from a potential increase, drastic increase in jobs, tends to lead to an increase in rates, that being the housing costs, which has been shown to almost guarantee lead to rising homelessness in the cities where these are being constructed. I think, if possible, something needs to be included to ensure that longtime Michigan residents are not priced out of their homes, if God forbid, a data center is proposed in Livonia. Thank you. Mr. Wilshaw: Thank you. Hi. Good evening. Sandra Reklinski, Vacri Lane, Livonia, MI. I've been there 45 years. If it wasn't for a Facebook post, I would have never known about this meeting. And I think the city needs this room. This room should be jam- September 22, 2026 32715 packed going out to the street. The city has to find a way of notifying us of these things, these kind of meetings, and I'm not really sure why we're talking about developing parameters for data centers. I think we should be talking about not allowing them in the city and making ordinances. You need to develop an ordinance to stop them. Period. We don't want them. Let them go somewhere else. Thank you. Mr. Wilshaw: Thank you for coming. Hi. Jason Amos, Terrance Street, Livonia, MI. 1 moved here in June from Saline, and since June I've been out of power for eight total days. So, I think when developing the ordinance, I think you need to really hammer in on a public benefit requirement, like improving electrical infrastructure, stormwater management, requiring that the workforce is only hired locally. I really think that the setback needs to be increased to at least a mile. I don't know if that means that ifs no longer available in the city, but increasing the setback distance really should be a note added to the ordinance, as well as decibel limits, both nighttime and daytime limits, as well as requiring a sound study submitted by the petitioner. There should be screening standards for data centers like Evergreen, so that all year round they're screened. And finally, there should be decommissioning and a site restoration bond, so like an irrevocable letter of credit, something that basically guarantees that if the data center goes under that. That money is paid for restoring or returning the site to what it was. Thank you. Mr. Wilshaw: Thank you for your comments. Hello. Good evening. Natalie, Livonia, MI. That's all the information you need identifying me, correct? Mr. Wilshaw: That's fine. Natalie: I was able to purchase my first home in Livonia. My sister purchased her first home in Livonia. Livonia is very dear to our hearts. Part of the reason why we initially chose Livonia as products of an upper middle-class upbringing was that we were honestly priced out of the city where we grew up in, priced out of the cities where we worked in. It seems a little bit strange considering the rhetoric for people my age, and I'm not sure you know, when it stopped kind of making sense at all to say, but we hope that the next generation is able to live a better life than us, right? I always was under that understanding growing up. So when my life, when I did everything that my upper middle-class upbringing afforded me, when I did that, when I was educated at September 22, 2026 32716 a prestigious university, I thought, okay, great. I am firmly within what they call the middle class, and I was more than happy with that. We are getting squeezed beyond belief, and this is a small facet of it. I am a critical care nurse. I have been one for 10 years. I operate in razor thin margins. Everything I do or say has a direct and immediate impact, and I want to remind you guys, no is a complete answer, and it's the one that we're all looking for here today. Anyone here who would like a data center, a hyperscale data center, please raise your hand. Okay, I mean you'll probably still make something about the fact that two people out of I don't know how many people here raise their hand, but listen to us, please. We are asking or following the proper forums, and it's not just one demographic of people; it's all of us. Okay, thank you so much for your time. Mr. Wilshaw: Thank you, Natalie. Danny Comstock, Livonia, MI. I'm a heavy industrial electrician. I got out of the...1 worked in data centers. They're everywhere. We're talking about the size of them. The more we're using our...everyone's got a cell phone here. I mean, every time you get a different streamer, they all take different servers to produce. We're not going to stop them. I mean, they're here. But thank you for getting ahead of it and putting some rules forth, because you know, right now I've worked on them all over the country, and some of them are in sight. They're blocked buildings with a barbed wire fence around them. I mean, if you have the rules, the set rules for where they can put them, how far they can put them from people's houses, good, you know. But to say we're not going to have them here, they've been here for decades. I started my career in 1990 connecting towns with fiber optics. It's a giant grid. More information we need. All your 911. No one's using you know hardline phones anymore. It all takes information. They're here, but you have the foresight to put rules on it and say, hey, not right here, not this size. Let's make this thing look better. Let's...and the humming. There are a few things that cause it. Just the amount of power coming into it that creates, you know, that creates a magnetic field. That causes your high pitch humming noises. It's all...there's different things you can do. You can give them offsets. You can make them do sound enters. You can make them put those transformers in sound restricted areas. But again, thank you for getting ahead of it. That's all I have to say. Mr. Wilshaw: Well, thank you for your comments. Hi. Good evening. September 22, 2026 32717 Michael Oakes, Ventura Court, Livonia, MI. I'm also a geography professor at Madonna University, and I've listened to everybody here, and there have been some overwhelming comments made today that I'm really impressed with. I wish my students talked that way, but I've got kind of like two concerns that a lot of people have versed. One are the environmental issues associated with this. Has an environmental impact statement been done on this, and when will one be done? And the other is an issue that some people brought up about, you know, these companies come in and they promise all kinds of big, high -paying jobs. What are these high -paying jobs, and how much will they pay? I mean, are we going to have a bunch of minimum -wage jobs replacing middle-class jobs? Or, you know, just like a lady just passed me commented on. You have to have an income of over $100,000 a year to save money anymore. So I leave that to the following person. Mr. Wilshaw: Well, thank you, Mr. Oakes. Good evening. Kelly Houtteman, 18547 Southampton, Livonia, MI. I am a teacher, so I kind of want to start by asking a question, and that is, do you know your city's motto? Mr. Wilshaw: Families first. Ms. Houtteman: Families first. Come home to Livonia.Sso I would like to come home to a stable job. I would like to come home not being replaced by Al. I would like to come home to my autistic son not having a meltdown over the sound from the data center, his noise -the noise -he can hear every airplane that goes over our house. I will be talking to him as I'm tucking him into bed at night, and he'll be literally stop mid -sentence and say, "Airplane". I can't imagine what a data center is going to do to him, and that's something to consider. At least an airplane makes white noise, you know, and it goes quick, you know. But I that's just something I want you to think about is the noise for sure, and if that's something we could even put into the ordinance, like if you're gonna put a data center here, it can't make any sound whatsoever. So, if that's impossible, then maybe the data centers aren't for us. That's all. Tom Karabltakis, 35221 Vargo Street, Livonia, MI. First of all, thank you everyone for taking the time to do this. It is very important that you guys get ahead of it, and I'm sure everyone appreciates that. But also, that a lot of times when people are for data centers, they'll kind of argue you're just a nimby and say in a derogatory way. You know, not in my backyard. I just want to say that shouldn't be a September 22, 2026 32718 derogatory word. That that's why we have planning commissions. That's why we have zoning commissions. That's why we have city council is to make these decisions for this kind of a thing, so that we do have, you know, it protects the people, it protects the environment, it protects the investments of our homes. So, I mean, I think that not my backyard is okay to consider when you guys make these decisions. That's kind of what you're here for is to help protect us because you're our representation. To make those decisions that does that do protect those things that we that we need. Yeah, so I don't think NIMBY should be derogatory. Chris Sobachinsky, Norfolk Street, Livonia, MI. I do want to thank you for getting ahead of this and not waiting until somebody comes before we don't have anything in place. Two things I would like you to consider addressing is when you're talking about the noise, to also consider the noise that the generators will make when there's a power outage. So that that it needs to be an additional noise consideration when you're looking at this. Also, for you know the whole decommissioning, possibly needing to decommission if they don't follow the rules, consider having them needing to set up an escrow, with maybe the cost of decommissioning and putting a new business there and add 20% or whatever on for inflation to include that as part of their petition. So, thank you. Mr. Wilshaw: Very good. Thank you for your comments. Hi. Good evening. Betsy Calhoun, 33023 Grennada, Livonia, MI. Thank you for addressing this because good zoning is critical to our way of life, so that we have a good quality of community in in all different fronts. That said, there's still a lot of work to be done to really strengthen this kind of thing or prohibit them altogether. You might want to consider passing the thing number four on moratoriums, so to give yourself more time, if you need to say we're working on that. So, the other thing is to listen to the people. As somebody has said, there's a lot of knowledge here. People have done their research. You know the big three: water, electricity, and noise, and thinking about the future. So, again, this listen to the community. Thank you. Mr. Wilshaw: Thank you. Mike Hayes, 18798 Norwich, Livonia, MI. First, I'd like to thank the gentleman, the electrician, who brought up some very, very valid points. And I just went to a website. There's currently 37 data centers located around Metro Detroit, they're in Troy, they're in Rochester, they're September 22, 2026 32719 in Grosse Pointe. So my suggestion would be they went through a similar process as you all have, and that you could reach out to them and get the feedback that they received from their neighbors. They went forward with the projects in a way that was acceptable to those communities because those data centers are currently in work and functioning, I'm not for necessarily a hyper center, and I won't go into all the other topics that were brought up. But because there's a lot of very good points, but I think it boils down to also once you go through your work, it's a matter of what contractor you select to build the data centers if it even comes here, because they can address a lot of these questions, and some will do it better than others. But the electrician earlier made a very valid point. These things have been around, and it's just the NIMBY, not in my backyard, is what's driving this right now. Mr. Wilshaw: Thank you very much. Appreciate it, Mr. Hayes. Okay, over this way. You're next. Good evening. Michael LeForge, 35135 Lynn, Romulus, MI. You've probably heard of us because recently we made national news for a protest for a proposed ICE detention facility, nobody was happy about that. I have never seen more people in Romulus than I did at that protest. We were outside for hours outside our city hall. It was freezing. I only got in three hours after the meeting started, and I had to stand in the back because we only have 20 seats in our city hall, they're selling that facility. It never got opened. It's being abandoned. And what I want to say is, you can say no. We can say no. Even pervasive things like ICE, they will leave if you say no enough. If you attend meetings, if you make your presence known, if you make what you want known, they will leave. Mr. Wilshaw: Hello, good evening, sir. Justin Sinkbill, Livonia, MI. I wasn't going to speak, but I'll say I spent nine years working in the utility industry, training utility workers for ITC Holdings, working in switchyards, gigantic massive switchyards of power units, power plants, that kind of thing, and so to give you an idea of what they're gonna... the output they're gonna put is if I if you find the biggest switchyard in Livonia here, which is really around Newburgh and Haggerty area, if you were to take a halogen bulb, and go out there with it; it will light up. It will start to get light, and so you're going to deal with that. And if we're going to deny things like a Sheetz gas station and places that also serve or Taco Bell that serve our community as well as provide jobs, those places also provide about the same exact kind of jobs, September 22, 2026 32720 about the same exact kind of jobs. Once that data center is built, then I don't know why. Like we're talking about a data center because those are two things that could actually help the community in terms of having instead of having abandoned buildings, we would have a gas station or a Taco Bell or something like that where kids can go to, kids can get jobs, that kind of thing. We're talking about putting a data center in. Like I know I lose power. I live over in the Greenland over by Holmes Middle School, and I know we lose power if the wind blows, and so that's only going to get worse because the power grid is not designed to handle what we currently have. So, until that's fixed, I can't even imagine why we would put that there because it's only going to soak up our resources only further. So, Mr. Wilshaw: Thank you for coming. Teresa Allen. Savoy Court, Livonia, MI. I just wanted to say that most people asked my questions already, so this is just a great bunch of people.And I just wanted to ask, how do I get a copy of the minutes from today's meeting, Mr. Wilshaw: They will be posted online after our minutes are approved, which is at the next meeting. So, they will be literally word for word. This is the minutes from the last meeting that we have. They're quite thick, so every word that's being spoken is getting recorded, and will be in those minutes. You can get those online on the city's website, Livonia.gov. Ms. Allen: Okay, thank you very much. Appreciate it. Mr. Wilshaw: Thank you for coming. Good evening. Lynn Mills, Livonia, MI. I'll be quick. Livonia doesn't have any pot dispensary centers. How about we say the same thing to data centers? Thank you. Mr. Wilshaw: I think that takes care of everyone in our audience. I do want to thank everyone for coming forward and speaking, and we took a lot of notes, and there's a lot of great comments that were made. So, thank you, everyone, for being orderly and coming forward and giving your comments. It was a lot of good information, so I do appreciate that, and my colleagues, of course. I'm going to close the public hearing section, so you guys are all set. And now it's an opportunity for my colleagues to discuss what they've heard and ask questions if they have questions, talk about this Mr. Bongero: September 22, 2026 32721 ordinance, and decide what we want to do. So, this is our turn. Anyone like to ask anything or speak? I just can't help thinking it would have been nice to have an expert here to maybe present and answer questions. Zach, last week, we had the privilege of having him in our study meeting. He was excellent. He answered a lot of my questions, and I think a lot of the fears is just the knowledge of what these things are about, and when I left the study meeting, I had a lot different perspective on data centers. I just think it would be nice to... if we could have provided that. Mr. Wilshaw: Understood. Mr. Bongero: That's all I got. Mr. Wilshaw: Appreciate those comments. Yep, Mr. Ventura, I believe you had some questions that you said you wanted to ask. Mr. Ventura: Mr. Uhazie: Excuse me. Yeah, I guess my first question is in the drafting of this ordinance.I guess I think I know the answer to this question, but I'll confirm my question. Who drafted it? Number one and number two, what data center builders or developers or what data center expertise, as it represents the current state of the art, was consulted to help us draft this ordinance so that we can intelligently regulate data centers in Livonia. Does anybody know the answer to the question? I will defer to Mr. Goldstein. The Planning Department did draft, I think, the bulk of it, working with the law department off of basically the latest best practices they could find, but the details I will refer to the law department. How we got to the iron those out. Mr. Wilshaw: Mr. Goldstein. Eric Goldstein, City Attorney, Livonia, MI. Thanks, Jacob. The Law Department, the Planning Department, and DPW put our heads together. That's the Zach that he's referring to. We studied things that were given to us by some well-informed citizens, which was very helpful. We identified lots of problems that some of these other communities, both in this country and other countries have addressed and recognized that some of them are very pertinent to us, and some of them likely are not. We're not going to be giving any tax abatements to anyone building a data center here. I just can't see that. So, you know, just to make a quick acknowledgement to Naz's research and how helpful it was, but Mr. Ventura: September 22, 2026 32722 we put our heads together there. We did some consulting with OHM. We had a number of meetings, and there were a number of run-throughs at the drawing board. There were a lot. There was a lot of language, a lot of drafting, and then a lot of thinking about unintended consequences, and trying to address as many of those as we could. I put a lot of credit on the Planning Department for carrying a lot of that weight and that burden, but lots of ideas were coming to us from our three departments, and each of...1 can't speak for the research the others did in detail, but it was done. This this was not cut from whole cloth, and from my standpoint, I was paying attention to litigation brought by data center manufacturers against communities. If we're going to fight that war, I want to win, and I don't want to invite a war that were going to lose. I'm looking at what's going on in Wixom County and and in other places around the country, and what we're constructing here speaks to many, it can never speak to all, but it speaks to many of the concerns that have been raised here and we're doing the best we can to create a regulatory system that is mindful and protective of the public health and safety, but without opening us up to a lawsuit that we will lose. For example, it may be over simple to say, but I think it's a profound statement that needs to be appreciated. If we had a no data centers here rule and got sued, that's when we would lose. And if we lost that suit, we would probably lose the ability to regulate entirely. So, what we want to do is protect the city and have a set of rules that would survive a constitutional challenge by making it possible. If we make it impossible, that's where we lose. But what we're trying to do is come up with a reasonable set of regulations that we can point to and say this speaks to the public health, and this speaks to the public health, and this speaks to the public health. And with those rules in place, if the rules are challenged because the data centers want to do more than that, well, we've built a castle we can defend. That's my best way of answering your question, Mr. Ventura, about what went into this and who went into this and how it came up. This was not arbitrary. This was not capricious. This was trying to think it through as well as we could with the available information, and I don't have the skill set that Zach from Water or that Jacob and Mark from Planning do. But the three of us, we worked all well together, and I've just given you my input and my considerations, I can assure you, a great deal of thought and care was put into this. Mr. Goldstein, thank you very much. I think that's an excellent dissertation and representation of the effort that's gone into this, and I'm sure that everybody's here is appreciative of the description of the pains you've gone to to draft this ordinance. Mr. Uhazie: Mr. Ventura: September 22, 2026 32723 And I think you've done a service. Thank you. As regards the language of the ordinance itself, I'm concerned that the distinction between a hyper center and the run-of-the-mill data center is not made clear in this ordinance. And I think it needs a better definition. For example, I don't know what you'd call it. I think you'd call it a data center at the corner of Six Mile and Haggerty. That was owned and operated by Comerica Bank. It was there for decades. Nobody knew it. It didn't bother anybody, and every time you went to the bank and it didn't have to be Comerica, you used that data center, whether you knew it or not. There were homes built within well within 1,000 square feet of that data center, and nobody was bothered by noise or anything else. I don't know what happened with regard to electricity and cooling, but the cooling was not disruptive because nobody ever complained about it. So there, and to the point that the gentleman that's worked on these data centers made earlier, I'm told that there are a great number of data centers similar to the Comerica data center already existing in Livonia. And Mr. Uhazie, have we done an inventory to determine how many there actually are in Livonia? No, we have not done any sort of inventory of like that. I don't even know if we would have the... if that would be possible, just because they are in... I think it would be instructive to find out how many exist, where they are, and are they causing any disruption? As one of the other speakers here said, and I thought it was a very interesting comment. Everybody here's got a cell phone. Every time you pick that cell phone up and you do something with it, you use a data center somewhere, whether it's here or somewhere else, you're using a data center. Mr. Wilshaw: Ma'am, don't yell out from the audience. Mr. Ventura: And so, modern life depends on data in virtually every aspect. So, an intelligent way to, in a positive way, to regulate data centers that are essential to everyday life, and to eliminate those that are the hyper center, which is never going to happen here. Jacob, our industrial corridor is a mile long and a mile wide and six miles long is that correct? Mr. Uhazie: Yes. Mr. Ventura: Okay. And can you put the map of the M-2? Mr. Uhazie: Mr. Ventura: Mr. Uhazie: Mr. Ventura: Mr. Uhazie: Mr. Ventura: Mr. Wilshaw: Mr. Goldstein: Mr. Wilshaw: Mr. Goldstein: September 22, 2026 32724 So, this is a map showing M-2 and M-1. Just M-2 at this point. This is just m2. The blue is the M-2, and the overlap, the red is the buffer area, and the overlap is where they would not be allowed currently or under this proposed zoning ordinance. So the blue is the M-2. Yeah, the blue and then the overlapping is where they would not be able... Okay, so for example, there was somebody here from Saline. The Saline data center is on 1,000 acres, and the building itself is 1.65 million square feet. There's nowhere on that map where there's ever going to be a hyper center in Livonia, we just don't have the land, ladies and gentlemen. So, what we're really regulating here are the data centers that are the functional data centers, like Comerica Bank and like perhaps many of the others that already exist in town. And I'm and I'm fully in favor of doing that, but I I'm also concerned that we don't provide for the essentials, and data centers are essential. That everybody in this room uses every day. Thank you, Mr. Wilshaw. Thank you. Any other questions or comments? Mr. Goldstein. 1 I don't know if it's my place, but I think I can speak a little bit to Mr. Ventura's concerns. It's always your place. Well, thank you. We have struggled to come up with definitions distinguishing between, you know...every institution has computer servers, and technically speaking, every computer server is a data center. Now, if we're just going to speak in basic human common-sense language, we know what we're talking about, and we're not talking about you know the little closet in the office. It has all the decks in it, all the server decks in it. But we live in the law, not in common sense. That's a dangerous thing to say. I know, but it's true. We have to be down to the details because, and we can't rely on common sense as a general term, because I think if we interviewed everyone in this room on details, we'd have about 20 or 30 different opinions on what common sense is. So, we we've tried in this draft to avoid the common sense trap and to make delineations of what's covered, what's Mr. Ventura: September 22, 2026 32725 not covered, and I believe we have two categories of sizes that are regulated in this thing. I don't have a problem if we need to go sharpen the pencil and make the definitions more conspicuous and clear. I think seeking greater clarity in a complicated situation is always a good idea. But I just wanted to let you know that's in there, and if your impression is after a first few reads is that it's not adequately addressed, that just tells me we've got to go back and sharpen our pencils. Thank you. I appreciate you're pointing that out. There are two size categories in the draft that we have. My concern is the terminology, and that's, I'm sorry. I apologize. My concern is the terminology, and you're right. I mean, these things are amorphous terms that change meaning virtually in the context of every conversation. So, I think it would behoove us to make sure that the language that we use is as precise, and from your perspective, as defensible as possible. Thank you, thank you, Mr. Chairman. Mr. Wilshaw: Thank you, Mr. Ventura. And to your point, there is, I do want to kind of address that because there is a section of the ordinance that is specifically for definitions of terms. This is 2.02, and what has happened in the ordinance? I'll attempt to explain this as best I can. Mr. Goldstein can slap me if I'm wrong, but because I'm not a lawyer, but at present, our ordinance contains the terminology that data processing was a permitted use in a number of zonings, commercial and industrial, and what have you in the city. And data processing was this sort of nebulous term that was referring to computer services and computer systems and repair and so on, which kind of encompassed you know a computer repair facility. You know, if you were you know used to be Canton Computers was a store you could go to and have your computer repaired. It would encompass a lot of those types of things, and it was, again, sort of this nebulous term that didn't really focus on these dedicated use data centers. What was changed in this proposed ordinance is three terminologies. There's one that's still called data processing as a permitted use in commercial and office zoning and so on, and that encompasses, or what sounds like basically what we're talking about with server rooms, you know, the network closets and these sort of small ancillary or I wouldn't say ancillary, but secondary uses within an office building or a commercial building, not the primary use. Data processing is not a primary use, and then we define a new term called data center, and these are going to be for buildings and structures that their primary use is for data processing and for Mr. Ventura: Mr. Wilshaw: Mr. Ventura: Mr. Wilshaw: September 22, 2026 32726 data, for servers, basically a room full or building filled with servers, is what we think of. Such as Comerica Park was. Comerica Park was an office building that had a data center in it. I don't know if its entire the ... Majority of it was data center. Yeah, I can't speak to what was in there, but you know what a lot of people are thinking of tonight in terms of data centers, the things that that they're worried about in Saline and so on, are a building that solely houses servers, just rows and rows and rows of servers. There's nobody works in them, or you know, half a dozen people work in them, and that's the thing that has the most concern around. Power usage, water usage, coolings, noise, and the other factors that that have been discussed tonight. So, we're defining that as a new term, a data center. What it is, it's a primary use. We're allowing those sort of secondary use, little server rooms and closets that are located within schools and office buildings and the city hall. I'm sure has one somewhere, to remain as a permitted use, but now we're saying, hey, these data centers, these dedicated data centers, these are waiver uses. These are special uses that now have a special set of rules applied to them. We're defining what those rules are in terms of the sound and the power and the water and so on, and distance from residential, and we're saying that these have to go through a waiver -use process. This is a special use. This is not a permitted use. Only in M-2 zoning, and these because it's a waiver -use That means anybody that wants to have one of these has to come through the entire waiver -use process. Meaning they have to come to us. They have to get a recommendation of approval. They have to go to City Council. They have to present there. There are public hearings just like we're having tonight. So, it's a very vetted process for if one of these uses happens to come forward, as opposed to right now where there's no rules and they would just be a permitted use. So that's one of the terminology changes that we're working on now. What a data center, which clearly says in in the ordinance that it's a structure primarily used for housing computers, and a data processing. Maybe that term's a little harder to understand. Mr. Ventura: Hard to make the decision. Mr. Wilshaw: I certainly would agree. Mr. Ventura: Mr. Wilshaw: Mr. Ventura: Mr. Wilshaw: Mr. Goldstein: Mr. Wilshaw: September 22, 2026 32727 So, I appreciate your explanation. My attempt to explain it. The concern I have is that the computer rooms of the past are very rarely being built today, because the data centers, those buildings that are nothing but computers from top to bottom, whether they're 60,000 square feet or a half a million square feet, is where it's all happening these days. And I'm sure, based on what I know you do for a living, you've seen the computer rooms and office buildings with the false floors and the heating, cooling units, and those are all gone. Those are not built anymore. I mean, that's my business, and I haven't built one of those in 20 years. So, it's all happening, ladies and gentlemen, in the industrial buildings, in the industrial corridors, in the communities all across the United States. The real flashpoint has come with the hyper centers and the hyperscale's, which are a whole new animal and have been. Witness the gentleman from Saline, very disruptive. So, I think it's important that we make a very, very clear distinction in our ordinance to allow the server buildings that industry needs, and to make sure that, to Mr. Goldstein's point, we we leave room for a hyper center that is never going to happen because basically we just don't have the land, but we don't open ourselves to a to a lawsuit we can't win. Well, yeah, and you know I want to certainly second the point that Mr. Goldstein made in regard to exclusionary zoning. That is a that is a very very bad road to go down from a legal perspective because as Mr. Goldstein pointed out, what happens is if a petitioner was to come before us and we say no you simply just cannot do these things because we don't want them, and they sue, then if they win in court, now a judge is determining where a data center goes, how a data center is laid out, how big it is, how much noise it makes -all the things that we are putting into this ordinance to control these uses and provide reasonable controls around them, are thrown out the window, and a judge can decide whatever the heck they want. Is that correct, Mr. Goldstein? Pretty much. Yeah. So, you know, that'... we don't want that. This is, you know, not in the world of data centers, but in the world of other developments that have happened in the city that have been denied, and judges have had to rule on them. We've ended up with some things that we don't necessarily like or want in this city September 22, 2026 32728 because a judge decided that, and we certainly don't want that when it comes to data centers. That's for sure. That would be bad. So anyway, that's just my thoughts, and I do want to say that a lot of work has gone into this, prior to it coming here, I have had a chance, and my colleagues have as well, to see this draft for several weeks now, and I've included and tried to suggest several things as well, including the comment that I heard from several people in the audience in regards to decommissioning of these sites. That originally was not in the ordinance, and I suggested that actually, that language, which was put in there, and I think is excellent language that was written up to make sure that if these sites stop being used at some point in the future, that they're remediated in a way that allows that site to be reused for something else, be it a warehouse or another manufacturing facility or whatever, without us having to do brownfield credits and tax abatements and so on. Because there's a bunch of fuel tanks and batteries and generators and you know industrial equipment in there that that nobody wants. So, I think it's important that that's included and that does include a bond as well. I know that a couple of people mentioned that point, which is an excellent point. It's a very very good point that they prefund that decommissioning so that we're not left holding the bag if they leave town, so I just want to throw that out there, Mr. Goldstein. Mr. Goldstein: Just for quick attribution, you're saying that, you know, these specific portions you just listed are great and important additions, and I want to credit the Planning Department for preparing that language. That wasn't me. You were looking at me a lot when you were saying. I just want to make sure planning gets credit. Mr. Wilshaw: Yeah, they did an excellent job. Thank you, Mr. Goldstein. Any other comments, questions? Mr. Droze: Thank you, Mr. Chair. I have a couple questions, and maybe I'll start right there with the decommissioning. I guess to the Planning Department, Jacob, is this something that we have in any other uses? The only time I've seen it is, I think, on cell phone towers. Sometimes they'll put up a bond. Is there any other uses in the city where we have that? Mr. Uhazie: Not that I am aware of. Mr. Droze: Okay. And then the definition that we arrived at, it's the blue one that you had at the bottom there, where we added the data processing to try to provide a little more clarity of what's already on the books. I guess I wanted to ask because everywhere that Mr. Uhazie: Mr. Droze: September 22, 2026 32729 we cite this in section six, where we basically list by use what is permitted, what's a waiver -use etc., we have the term data processing and computer centers, and what I'm, I guess, going back to trying to make things as clear as possible, so we don't rely on common sense, to Mr. Goldstein's point, do we need to pull computer centers into that definition as well? Because that is not really defined anywhere, as best I can tell, in in the existing ordinance, and could that go right with data processing as we have it, or is there potential conflict? I would probably, because of the way it's currently worded in the existing ordinance, I feel like they're kind of lumped together and under the same definition. We could, I would say, we would probably put data processing and computer center, and then maybe add on another sentence, kind of incorporating what that is. But if the body felt it was relevant to split it out into two to make it more concrete, we're happy to do that. I think it, but I think it could fit into that same general term. Okay, I like it together because that's how it appears everywhere, and it makes to your earlier point as administrating the ordinance that much easier when this type of stuff comes up. I did have a couple questions, and these are probably getting a little maybe nitty gritty. So, we also have the section where we basically talk about how we're going to consider these uses as they come in. I'm sorry, I'm just kind of scanning through here. We talk about power and sound, water use, that sort of thing. And I did want to talk about the sound considerations. So, obviously, we have a noise ordinance in the city, which we refer to often as plans come in. But this definition goes, you know, a little bit further to address a lot of the issues that were raised tonight about some of the low- level sounds, you know, determining what the baseline is and whatever is needed to do to mitigate that. There's a comment about a third -party acoustic engineer, and I know sometimes we see this. I'm like, I'm going to use an example. If a site comes in and there's a traffic study, oftentimes the developer will select that. That consultant. Then there's a back and forth with determining the scope. Would that follow that same type of process, where maybe the developer offers the sound consultant, or would the city kind of procure that, you know, as these come up? So the city's a little more in control, I guess, is what I'm what I'm getting at. Mr. Uhazie: The way it is worded here, it would be the applicant providing that. Just that's how it works with most of the other studies that we September 22, 2026 32730 currently deal with. But if that's something that you feel it would be a conflict, that maybe that's something we could consider. Mr. Droze: I think as long as you guys are setting the scope, I mean, I guess that's what we do on the traffic studies too. Mr. Uhazie: Mr. Droze: Mr. Uhazie: Mr. Droze: Mr. Uhazie: Mr. Droze: I think that's why it is included, you know, the baseline study, as well as the low frequency. We do call out that it is not typically included in a normal sound study. So, we did want to stipulate that they include those low level frequencies. Okay, and then also I guess dictating where around that, you guys would... Yeah, we specify that within 1,500 feet of residential areas is specified in there. Then I did have a question on the building facade section and I see the way we kind of have this phrased, is that we are going to surround any sort of external uses that might supplement that. So I think that gets at like generators, if there's any sort of cooling equipment that it would be screened, and we go so far as to say encompass on three sides, and I guess my concern with that is that potentially that third side could cause some sound migration, and so I might just suggest just saying encompassed and just deleting three sides in case they use a Pentagon or something, you know. So I believe the intent was kind of like the dumpster enclosure that was still having access, but we could either do that or even just add something where something that must be closable and opaque, similar to the dumpster requirements. And I was on opaque. I was almost thinking maybe you might use opaque, but also sound dampening or something speaking to the fact that it's really, it's not just there to block view. It's really there to dampen sound. So, I think that covers most of my detailed questions, thank you. Mr. Wilshaw: Very good, thank you. Appreciate that. Any other questions, comments? I did want to...sound is a obviously a very important part of one of the pillars, I would say, of this ordinance in terms of the, as some of the residents referred to, sort of the big three, you know, power and water and sound, and I just wanted to see Mr. Uhazie, if you wanted to discuss a little bit more in depth what our sound requirements are as proposed because I think they're September 22, 2026 32731 pretty good, and I think they address a lot of the concerns that some of the residents have. If I was to summarize this and as best I can, you can tell me if I'm right or wrong. What we're requiring is that any proposed data center would have to measure the existing ambient sound at the property line and also at 1,500 feet away from their property, and measure what those levels are, including low frequency tonal sound before they construct the facility. Mr. Uhazie: Correct. Mr. Wilshaw: Then they would have to provide a study that shows, and also actual readings, after the facility is operational, showing that they have not increased the sound from that baseline at both the property line and at that 1,500 foot point, is that correct? Mr. Uhazie: Sound levels that are established in section 8.31 of the Code of Ordinance, but yes. Mr. Wilshaw: Okay. So, in our case, because we're really looking at the industrial belt more or less, where these things are potentially going to locate. You're talking about ambient noise that includes, in many cases, close proximity to train tracks and the freeway. Mr. Uhazie: Correct. Mr. Wilshaw: So, there's already pretty high level of ambient noise, so they're not going to...it would be difficult for one of these centers to probably contribute anything above and beyond what's already there at that at that level, most likely. Mr. Uhazie: I would think so. Yes. Mr. Wilshaw: Okay, that's kind of my interpretation of this as well. Obviously, you know, we're talking about a hypothetical future situation, so we don't really know how this is going to pan out in terms of a practical application. But it seems to me that this is a pretty darn good start. Is it addressing everyone's concern exactly in the specific frequencies, I don't know if it is, but I think it sounds like a pretty good start in the sense of saying, hey, if you put in one of these facilities, basically you can't increase the sound level, either at your property line or at 1,500 feet. Mr. Uhazie: Correct. That's the intention. Yes. September 22, 2026 32732 Mr. Wilshaw: Okay. So, I just want at least folks who are interested in that to understand that's kind of where we're at right now, which is, again, is it perfect? 1 don't know, but that's where we're at. So, any other thoughts or comments? Mr. Droze: One additional. On that, how does that work in real life, so say something gets built, and you know we're promised that the sound levels are going to be at a certain level. It gets constructed. We get complaints about there being an issue, and they go out and they find that there's you know decibels that are above the permissible limit. Is that, I mean, is it...what hammer does Inspection have to make sure that gets done? Mr. Uhazie: I don't know what the legal framework would be. The ordinance language specifies that the owner shall take immediate steps to lower the sound levels by implementing additional abatement measures or by reducing the data center sound output to all predetermined acceptable levels. Beyond what levers we have to pull, what tools we have to enforce that, I don't know beyond what's being established. Mr. Droze: It seems like maybe there's something missing there to really compel them to do that. Mr. Wilshaw: Yeah, I agree with that. I think ifs a good start. It certainly would address the fact that we're saying that. if there is a violation of the sound, that we would, you know, obviously give them an opportunity to put in corrective measures if they can put in sound baffling or other things. There are, you know, there are panels and things that are available to reduce these things, but if they can't and it's not getting addressed, then what do we do? Mr. Droze: I'm just, you know, a very probably not a great example, but you know if a restaurant is contributing fats and oils to the sewer system, I think you guys have the right to, you know, issue a citation to make sure that gets corrected, and it seems like something to that level to make sure it happens would be helpful. Mr. Goldstein: There are a variety of approaches, and we tailor our specific approach to the specific circumstances. For on the one hand, it could just be a warning notice, and that can escalate to a violation notice. That can turn into a show cause hearing at the Inspection Department to demonstrate why you haven't addressed it. It can turn into legal action at the courthouse, prosecution of misdemeanors. It could lead to actions at the circuit court, where the city seeks a nuisance abatement from the court, and those September 22, 2026 32733 can take various forms, including one of which is, well, the court orders them to come into compliance, and if they don't come into compliance, then the court authorizes us to go onto the property and make them in compliance, and then send them a bill. I don't know how that would work in this specific situation because I don't know what this particular problem is. We live in the land of details, but we do have various tools in our toolbox, and you know, am I representing to you that oh, don't worry about it? I'm not saying that. We have tools in our toolbox that we can use to bring a property owner into compliance. Do they always come into compliance? No, but we just keep escalating. Mr. Droze: Thank you. Mr. Wilshaw: All right. Any other thoughts or comments, Mr. Bongero: Mr. Chair? Just to piggyback that, so is that a thing that the Building Department will do, like biannual inspections for sound, like the ordinance? How do how do you check this, or who does it? Mr. Uhazie: That is not specified in what...in the language of the ordinance, the zoning portion of it. Mr. Bongero: Mr. Uhazie: Mr. Bongero: Mr. Uhazie: Mr. Bongero: Mr. Wilshaw: Mr. Bongero: I mean, it seems like it would be something to have to be addressed. You know what I mean. We're going to do this, set these restrictions, but who's going to check it? Excuse me. Actually, let me correct. The owner shall perform periodic sound monitoring as directed by the Inspection Department. We do not lay out like what that... So, they have to submit it every so often? Aat the request of the Inspection Department, essentially. Okay, thank you. And the Inspection Department would likely initiate one of those if they received a complaint from. It seems like it should be on a rotation once or twice a year. They do commercial building inspections every year. You know, you get a notice. They've done it to me. You know, it would be pretty easy to do. September 22, 2026 32734 Mr. Wilshaw: Sure. Alright. Any other thoughts or comments, Mr. Ventura? Mr. Ventura: Mr. Wilshaw, two quick things. Mr. Droze piqued my interest in talking about decommissioning, and as I read the language, it says ceases operations. It would seem to me, and a cessation of operations requires them to remove all the infrastructure that makes a data center a data center, which, you know, in my experience, costs millions of dollars. So, it seemed to me that we would have a time frame during which the owner of the building could seek another user. We've already approved a data center there; it's been operating. We should provide a time frame after which the infrastructure needs to be removed to give the owner of the building an opportunity to re -tenant the building and to continue to use it. I mean, if you take the Savannah Center building and you tear out all the infrastructure that supports the activity there, you substantially devalue the property, and affect, you know, the way we can levy taxes and the amount of money that we can collect based against that activity. So, I'd like to see the ordinance reflect that. Second question I have is, I asked a question about existing data centers, and we know they're in the...built they're in the city somewhere. If we pass this ordinance, do all of the existing data centers become non- conforming? Mr. Goldstein: I don't understand. Can you repeat that? Mr. Ventura: If there's a data center in the city, and we pass this ordinance, and they're not in the M-2 zone, they're in M-1 zone. Do they become non -conforming? Mr. Goldstein: It's an interesting academic question. I do not think they do exist at this time. Jake? Mr. Uhazie: I agree. I don't think they exist. That's the...in the way that it's defined as the data processing center. The example that's come up with Comerica. Mr. Ventura: We've determined that. Mr. Uhazie: Mr. Ventura: Well, Camerica, by our definition, there I feel would fall under the data processing center, not as a data center. Okay, but I'm told that there are data centers in the city. I'd like to determine whether there are or not, and whether or not, if they are, do they become non -conforming, and what do we do about September 22, 2026 32735 that when that happens? I think we should know if we're going to take this. Mr. Goldstein: I think it's an important thing.. I think it's an important concern, and I'm not trying to dismiss it. But I think the message that Jacob and I are trying to articulate is based upon how the data center is defined in this ordinance, as distinct from the secondary uses in existing businesses right now, they don't exist. Are there data processing centers that are secondary supports for existing businesses of various sizes throughout the city? Absolutely. But have we taken a survey of how many and what size they are? No, we don't have that. But what we do know is that with regards to the data centers we're trying to create zoning regulation for, we do know those do not exist. Jacob, am I misspeaking? Mr. Uhazie: No. Mr. Goldstein: I don't know if that addresses your concern or not, but that's what I can tell you right now. Mr. Ventura: I'm concerned that that we don't know what exists in the city that may or may not be a data center, or versus a data processing center. And the ancillary use question: Over 50% of the Comerica building was data processing, a computer center. So, does that make it? Which is the ancillary use there? Was it office space that was an ancillary use to the data center, or was the data center just by definition an ancillary use? I'm simply suggesting, Mr. Goldstein, that we be specific about this so that we don't disadvantage somebody that's already in town and already operating. Mr. Goldstein: I think that's a very legitimate concern, and I'm not trying to dismiss it, as I said, but I think, and I'm going to invite Jacob to confirm or correct. But if we have like the Comerica Center, 50% is office and 50% data, or hey, 60% data, the fact that they are a commingled use, working together in that building, I think that excludes them from our definition of a regulated data center under this use. Mr. Uhazie: Is that correct, Jacob? Mr. Uhazie: That's correct. It's not the amount that is being dedicated to data processing. It's about that the Comerica is using their data. It is not collecting like third -party information. That's not the product that they're providing. The product is the information for Comerica. If you are looking at a hospital, you're using the September 22, 2026 32736 information for that hospital to process the data, or for that manufacturing facility, you're using your data processing, not that you're importing third parties and processing it for them. Mr. Ventura: Sometimes that's true. At the case of a hospital, that's true because of HIPAA laws. At Comerica, that was not true. They did data processing for a whole host of financial institutions that couldn't afford data processing centers, credit unions, for example. And Mr. Goldstein, to your ancillary use point, so if somebody came along and built 100,000 square foot building and put a 5,000 square foot office in it, and said the 100,000 square feet is ancillary, or the 95,000 square feet is ancillary. Does that qualify? I'm just throwing out some things here that I think need to be tightened up, and so that's my last question. Mr. Goldstein: I don't think you're wrong about needing to tighten them up. Sitting here right now, I remember having that discussion with our work group. I don't know that I can point to something in this product that speaks to that specifically. I don't think Jacob does either. So, I think, like I said, I don't want you to receive my comments as pushback. Mr. Ventura: No, I'm not. Mr. Goldstein: Thank you. I think that's another area where we can sharpen the pencil. Mr. Ventura: Thank you. Thank you, Mr. Wilshaw. Mr. Wilshaw: Thank you, Mr. Ventura. That's an excellent point. You did nail a possible loophole in the process, which we don't want to have, where someone can do something like that. So, thank you. Any other questions, comments, discussion, Mr. Droze? Mr. Droze: I'll just add one more item for thinking through, and it's probably not valid at this moment because I don't have an extensive knowledge of the telecommunications infrastructure across the city, but, you know, I think a there's a former AT & T building on Merriman Road just north of Plymouth Road, which I think was basically a center that basically processed phone calls and data, which does, you know, that does sit in a zone that would not allow it, and it's...I think our definition, because we have a lot of ands and ors, it feels like you could say a building or buildings and structures that are occupied primarily by computers and or telecommunications and related equipment, where digital information is processed, transferred, or stored. It just feels like September 22, 2026 32737 there's probably some of those uses that maybe, to Mr. Ventura's point, just to verify and make sure we're not creating an issue for those existing uses. And again, not knowing the telecommunication infrastructure across the city, maybe checking with the fiber optic companies and AT & T to see what they have and make sure we're not creating an issue for them going forward, because we all, you know, to the point earlier about our cell phones and computers were...those connections are vitally important to our daily lives, and we don't want to I guess limit that ability to be able to stay on networks. Mr. Goldstein: Well, I think there's a short, a halfway, answer to the concerns you're raising, and that's about the grandfathering. Right now, to our perception, no one is using computer data processing in this city in a way that's bothering anyone or causing any harm to the public health. There's nothing. That we know about today, so if that's a baseline of satisfactory, then perhaps we can craft language that expressly grandfathers it, and what we need to wrestle with, I guess, is regulating incoming future uses that are similar to that, that don't meet our definition of data center, but then if it doesn't meet our definition of data center, I guess it's it should be okay with our sharpened pencil definition of data center. That is, I think we get the concern, and we can keep working on it. Thank you. Mr. Wilshaw: Alright. Thank you. Any other questions, comments? Quick time check. It is 9:47. I just want to say we've been at this for a little bit of time. I like the discussion. It's definitely good. Keep it up. If there's, if at any time anyone feels comfortable enough to make a motion, that's always in order as well. Ms. Dinaro: Is the motion just to take it to City Council? Mr. Wilshaw: You could make an approving resolution, which would take the existing language that was provided to us to Council. You could make an approving resolution with any modifications you wish to make based off of the discussion tonight, or you could table it, and we could do this all over again. Mr. Uhazie: One thing that we did include is for the tabling resolution, we would ask that you include some of the areas that you specifically want us to... Mr. Wilshaw: What things need to be improved upon. Mr. Uhazie: Yeah. Mr. Wilshaw: Mr. Droze: September 22, 2026 32738 That makes sense. Also, just as a note, if this item is tabled, that now becomes a pending item on our agenda because it's one that we have already conducted a public hearing on. We would not conduct a second public hearing. It's not like we keep resetting the clock and doing a public hearing over and over again. So if this meeting was to...if this item was to come back after tabling, the discussion would be limited, basically to just us to review whatever updates were made and then make a motion from that point on. So, it's a little bit of a streamlined process. And also, of course, I want to reiterate for everyone's benefit that we are making a recommendation to council. Council will be also conducting their own meetings to review this ordinance, discuss it, listen to the audience, and what their thoughts are. And they may also make updates and changes to what we're recommending. But we're trying to do the heavy lifting and the homework for them. That's our purpose here. I would like to offer the tabling resolution, and I think kind of the thought is that we are the applicant here tonight. This is our ordinance that we're handing off to the council, and I think we've had a lot of good discussion here, and maybe a couple weeks just to further think through this and make sure we're good with it. And you know, to your point earlier, Chair Wilshaw, there's been you know, sharing of information between various commissioners and the Planning Department. I think we're close, but let's get it right. So, I'm going to propose that we request to amend section, we're going to table the request to amend sections 2.02, 3.03, 3.10, 3.11, 3.12, 3.13, 3.15, 3.16, 3.17, and 6.61 of the Livonia zoning ordinance as amended to define and regulate data centers, including the establishment of zoning districts in which they can locate in any special requirements, and is hereby tabled for the following reasons and following recommendations. And those reasons, like to first note that under the definition of data processing, that we also put data processing in computer centers as one term. We had some notes that, relative to section 6.61, under item five, that we specify. I'm sorry. Under under item six, that the building facades section specifies, rather than saying three sides, that we just say shall be encompassed, and then the opaque barrier, opaque barrier is sound dampening. And if there's any other items that commissioners would like to add. On a motion by Droze, seconded by Caramagno, and unanimously adopted, it was #09-64-2026 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on September 22, 2026, on September 22, 2026 32739 Petition 2026-06-06-01 submitted by the City Planning Commission, pursuant to the referral by the City Council, to determine whether to amend Sections 2.02, 3.03, 3.10, 3.11, 3.12, 3.13, 3.15, 3.16, 3.17, and 6.61 of the Livonia Zoning Ordinance, as amended, to define and regulate Data Centers, including establishing the zoning districts in which they can locate and any special requirements, the Planning Commission does hereby table this item to a date uncertain,. Mr. Wilshaw: Is there anything else anyone would like to add to the tabling motion that's been made, Mr. Caramagno: Mr. Chair? Mr. Wilshaw: Mr. Caramagno. Mr. Caramagno: I think our discussion alone should be included in the tabling. Just all the items we talked about tonight, there was a ton of it. Okay, but I realize you want specific items but there was considerable discussion tonight about a lot of things, the protections that are out there, fine details, rewriting some of the specifics, sharpening the pencil, just these general terms about all the things we talked about tonight should be recognized. That that's why it's being tabled, so these things can be tuned up. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #4 PETITION 2026-08-06-02 Moratorium Ordinance Mr. Wilshaw: ITEM #5 Thank you, everyone who's still here. Appreciate you hanging in for this. We do have one item. Again, we've moved item number four off the agenda, so that one will not be called out tonight. That will come at a future meeting if you are interested in the moratorium ordinance. APPROVAL OF MINUTES 1,249th Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,249th Public Hearing and Regular Meeting held on September 1, 2026. On a motion by Dinaro, seconded by Bongero, and unanimously adopted, it was #09-65-2026 September 22, 2026 32740 RESOLVED, That the Minutes of 1,249th Public Hearings and Regular Meeting held by the Planning Commission on September 1, 2026, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Dinaro, Bongero, Ventura, Caramagno, Wilshaw NAYS: None ABSENT: Long ABSTAIN: Droze Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,250th Public Hearings and Regular Meeting held on September 22, 2026, was adjourned at 9:54 p.m. ATTEST: Ian Wilshaairman CITY PANNING COMMISSION Samaramagno, Secretary