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HomeMy WebLinkAboutPLANNING MINUTES 2006-07-2523382 MINUTES OF THE 929° PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, July 25, 2006, the City Planning Commission of the City of Livonia held its 929" Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, Chairman, called the meeting to order at 7:30 p.m. Members present: Robert Alanskas William La Pine R. Lee Morrow H. G. Shane Carol A. Smiley Ian Wilshaw John Walsh Members absent: None Messrs. Mark Taormina, Planning Director; At Nowak, Planner IV; Ms. Debra Walter, Clerk -Typist II; and Ms. Marge Watson, Program Supervisor; were also present. Chairman Walsh 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 tum, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome ofthe proceedings tonight. ITEM#1 PETITION 2006-06-01-04 D'ORAZJO Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2006-06- 01-04, submitted by Angela D'Orezio requesting to rezone property at 18421 lhru 18491 Farmington Road, consisting of Lots 1331hm 139, also the adjacent vacated alley of Seven Mile Super Highway Subdivision, located on the west side of Farmington Road between Curtis Road and Pickford Avenue in the Northeast % of Section 9 from R-3 to OS. 23383 Mr. Taormina presented a map showing the property under petition plus the existing zoning ofthe surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There is one item of correspondence from the Engineering Division, dated July 10, 2006, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the legal description contained therein. There are no additional right-of-way requirements for this site and we have no other objections." The letter is signed by James Zoumbaris, Superintendent of Public Service. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Good evening, Mr. D'Orazio. Angelo D'Orazio, 15530 Farmington Road, Suite One, Livonia, Michigan 48154 Mr. Walsh: Is there anything you'd like to add to the presentation? Mr. D'Orazio: I'd like to build a general office building with 4,000 square feel, same as the one I have on Farmington Road. I'd like a recommendation if possible to rezone this piece of property. Mr. Walsh: Are there any questions for the petitioner? Mr. Shane: Mr. D'Orazio, do you have a tenant currently for the building? Mr. D'Orazio: Pardon? Mr. Shane: Is this a spec building or do you have a tenant in mind? Mr. D'Orazio: No, I don't have a tenant. No. Mr. Shane: Thanks. Mr. La Pine: Mr. D'Orazio, I understand you are looking at the possibility of purchasing that property to the south. Is that right? Mr. D'Orazio: I'm interested in the piece in the front. Mr. LaPine: When you say in the front, are you talking about just a small strip here or the other parcel behind it too that's available? 23384 Mr. D'Orazio: I could buy the whole thing, but what I need is the front of the property there. Mr. LaPine: I'll come back to you. Let me ask Mark this: is that all one parcel? Mr. Taormina: Yes, it is. You can see from the zoning map the city owned parcel includes frontage along both Gillman Avenue as well as a small amount of frontage on Farmington Road. Mr. LaPine: So if he was successful in purchasing that, he'd have to rezone that small portion that he wants to add on to his office, and then the only other thing that could go in there off of Filmore would be residential. Is that correct? The only way to gel at it is off of Filmore. Mr. Taormina: That would depend on what his plans are for the utilization of that property. Its not likely that we would consider any rezoning of the property that includes the frontage on Filmore Avenue. Now whether or not he would have to rezone this portion of the site, the area that lies immediately south of the lots that we're considering this evening, that would depend on the type of improvements that he would propose there. If it's simply a stormwater detention basin, then it could probably remain zoned under the R3 category. However, if he wanted to include a portion of the parking in this area, then it would either have to be rezoned to OS or the parking classification. Mr. LaPine: Okay. While I have you on the floor, that was another question I was going to ask Mr. O'mzio. He has to have a water detention basin here? Mr. Taormina: As part of any new development, he would be required to detain the slormwaler in accordance with Wayne County's regulations. That's correct. Mr. LaPine: Mr. D'Orazio, is the front of your building going to line up with the AAA building? Mr. D'Orazio: Yeah. Mr. LaPine: The third question I have, I recall at our study session you mentioned something about putting a greenbelt there in lieu of a wall. The only problem I have is when I went out there to check the properly, there is already a wall behind the AAA building. It seems logical to just extend the wall. I mean that's my personal opinion, but is there a reason why you think the greenbelt would 23385 be better than the wall? Let me just say that the wall, once it is up, you don't have any maintenance. Once you put up the greenbelt, you have the watering, the cutting of the grass, the planting of the flowers. If the trees die, you have to replace them. I'm just wondering what your thinking is. Mr. D'Orazio: My thinking was the wall, yeah, because of the maintenance, but the neighbor would rather have the greenbelt because he lives behind d. But to me, it doesn't matter. If he wants a greenbelt, I go along with that. Mr. La Pine: If the owner of the property now wants the greenbelt, that's fine, but 10 or 15 years down the line, he moves and someone else might wish they had the wall. But that's fine. I thank you. Mr. Morrow: Mr. D'Orazio, do you have any interest in that little parcel to the south that the City owns? Mr. D'Orazio: If I could use it for retention or parking or something like that. Mr. Morrow. The reason I ask, I think it's owned by the city, is it not? And it would lake a while, probably, for them to go through their actions, and would that hold up whatever plans you have if you gel the zoning? Mr. D'Orazio: I would have to come back to the Planning Commission again for that piece because of how I'm going to use it. Mr. Morrow: Yeah. Okay. As far as the wall, if the rezoning goes through, then we can address that at that time. Mr. D'Orazio: Yes. Mr. Alanskas: If you do not get that piece of property to the south, where would you put your retention pond? Mr. D'Orazio: Itwould be underlhe parking lot. Mr. Alanskas: Under the parking lot. Okay. Thank you. Mr. Wilshaw: My question is for Mr. Taormina. This property that the city has that they were talking about it, is the side of it that abuts Filmore usable for a residential development in the future? Its pretty sleep property as I recall, the grade on it. Mr. Taormina: That's difficult for me to answer. You're correct, there is some topographic limitations on the properly, but there is some high ground right up here at the northwest comer. Whether or not 23386 there is sufficient land area to construct a residental structure, I can't answer that. Mr. Wilshaw: Okay. With that question in mind, if you were to acquire that property to the south, Mr. D'Orazio, do you think that you would potentially put a residence on it, or look to put a residence on Filmore, or would you just be interested in the part of the properly that abuts Fanni ngton? Mr. D'Orazio: No. I don't know if I could build over there. Mr. Wilshaw: Okay. Mr. Walsh: Just for our audience here tonight and people watching, all that is in question at the present time is privately owned properly. The city properly has not been negotiated, sold, discussed. This is purely speculative at this point. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Terrence R. Shay, 18358 Filmore Street, Livonia, Michigan 48152. 1 live directly behind this properly. I own the property, and I'm selling it to Mr. D'Orazio. I am the one that requested the greenbelt instead of the wall. We've had the properly since 1942. We're not going anywhere, and we maintain that if you've look at our properly, we maintain our property very well. I don't think there would be any concern over whether we're planting trees or dying trees. Mr. D'Orazio takes excellent care of his property also. But I did request a greenbelt instead of a wall. Mr. Walsh: Thank you. We appreciate it. Thank you for being here tonight. Is there anybody else in the audience wishing to speak for or against this item? Seeing no one, I'm going to dose the public hearing on this item, and a motion would be in order. On a motion by Morrow, seconded by LaPine, and unanimously adopted, it was #07-72-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 25, 2006, on Petition 2006-06-01-04 submitted by Angelo D'Orazio requesting to rezone property at 18421 thru 18491 Farmington Road, consisting of Lots 1331hm 139, also the adjacent vacated alley of Seven Mile Super Highway Subdivision, located on the west side of Farmington Road between Curtis Road and Pickford Avenue in the Northeast % of Section 9 from 1-3 to OS, the Planning Commission does hereby recommend to the 23387 City Council that Petition 2006-06-01-04 be approved for the following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding zoning and land uses in the area; 2. That the proposed change of zoning will provide for additional office uses in the area; 3. That the proposed change of zoning represents a logical extension of existing OS zoning that occurs on land immediately to the north of the subject properly; 4. That the proposed change of zoning is consistent with the developing character of the Farmington Road frontage properties in the area between Curtis Road and Seven Mile Road;and 5. That the proposed change of zoning is supported by the Future Land Use Plan which recommends office use in this area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Walsh: Is there any discussion? I would like to indicate that should this pass, the issue of the wall versus a greenbelt will come up when we actually look at the site plan. So tonight we're simply talking about the zoning of the property. Mr. D'Orazio will then lake this to the City Council. Following their approval, it would come back for site plan review, and at that point, we would have a thorough discussion of the wall versus the greenbelt. Would the Secretary please call the roll? Ms. Smiley: Certainly. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving recommendation. 23388 k1=lAi Eib'M9=k IY Ile] 7 IK I*-Erb4rYl5 PP 911 It711*1e1W Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 05-02-12, submitted by Paradocs, LLC requesting waiver use approval to construct an outside deck addition and increase the sealing capacity of the existing full service restaurant at 19265 Victor Parkway (Doc's Sports Retreat), on property bcated on the west side of Victor Parkway between Seven Mile Road and Pembroke Street in the Southeast''/. of Section 6. Mr. Taormina presented a map showing the property under petition plus the existing zoning oflhe surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated June 17, 2006, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal at this time. The legal description as submitted is connect." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated June 30, 2006, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct an outside deck addition and increase the seating capacity of the existing full service restaurant on property located at the above -referenced address. We are unable to review this site plan as submitted due to the inaccuracies of the following information: (1) Parking calculations with submitted plans show deck having 144 seats. Occupant load computed from plans is actually 158. (2) Parking calculations with submitted plans show 245 seats in dining area. Our cunent occupant load information has 271 seats. (3) Parking calculations show 17 employees per shift. Our current occupant load information is based on 24 employees. The additional deck seating will require an increase in staffing. Cunent topography limits Fire Department access to this building. Additional construction will further inhibit Fire Department ability." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated July 6, 2006, which reads as follows: We have reviewed the plans in connection with a proposal for Doc's Sports Retreat located at 19625 Victor Parkway. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated June 30, 2006, which reads as follows: "Pursuant to your request of May 30, 23389 2006, the above -referenced petition has been reviewed. The following is noted. (1) The seating counts and required parking appear to be incorrect on sheet SP -1, 3-1-2006. It appears the dining room has 271 seats and the deck has 149 seats. These inaccuracies (along with the incorrect site address, same page) should be corrected. (2) The proposed freestanding sign does not show the proposed location. The sign as proposed is too tall (6 foot allowed, 10 foot 2 inches proposed) and is approximately 33 square feet where only 30 square feet would be allowed. Variances from the Zoning Board of Appeals will be required for these and possibly the location. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? Ms. Smiley: I have one question. These letters came before we recalculated the parking. So our parking is okay, right? Mr. Taormina: Correct. We relied on the counts taken from the plans and from the review by the Inspection Department to verify that there was adequate parking on the site. Ms. Smiley: Okay. And then my second question is, because of the easements, they cant put the sign out where it normally would be. So have we ever done anything since the sign is back away from Victor Parkway, or away from the street, that we allow it to be taller? Mr. Taormina: Do you mean have we done that for other properties along Victor Parkway? Ms. Smiley: Right. Mr. Taormina: I don't know. I would have to research that. Ms. Smiley: Okay. Thank you. Mr. Morrow: If my math is correct, the 212 parking spaces matches what the Inspection Department provided. Mr. Taormina: Correct. Mr. Morrow: Okay. Because I see we had it noted as different from the Inspection Department. Mr. Taormina: I'm not sure what the difference is that you're referring to. Mr. Morrow: Well, I'm looking at my notes. It says, 245 seats, 144 seats and 17 employees, but the calculation at 212 is correct based on the Mr. Taormina: That is the parking that is provided within the parking lot. Correct. Mr. Morrow: We exceed what's required. I guess that's the bottom line. Mr. Taormina: Yes, by only a few spaces. What we do think is shy is the number of employees. They identify 17. From our experience at other full service restaurants of this size, we believe that there would be a few more employees than 17 during the largest working shift. Mr. Morrow: Okay. Thank you. Mr. Walsh: Is the petitioner here this evening? How are you? F. Robert Suchyta, Paradocs LLC, 27015 W. Warren, Dearborn Heights, Michigan48127. Fine,thankyou. Mr. Walsh: Is there anything you'd like to add to the presentation thus far? Mr. Suchyta: If I'm going to have trouble with the sign, I would comply with the city requirements and keep it at six foot if it's not permitted. The fact that it's being setback 37 feet, that's why we went a little bigger, but I didn't know about the requirements on the height. Al 33 feet, I'm sure we can cut it down to 30 feel to make it comply with city requirements. Mr. Walsh: Okay. Thank you. Mr. Walsh: Are there any questions for the petitioner? Mr. Alanskas: Sir, on your new seating on the outside, will you be having your big screen TVs where people can see the sporting events? Mr. Suchyta: We're not planning on that. Mr. Alanskas: You're not. Okay. So in the winter months, you would not have that open at all. How many months would you hope to get out of that summer sealing? Mr. Suchyta: As many as possible. Mr. Alanskas: Weather permitting, say from June to September, October? 23391 Mr. Suchyta: Maybe even May. Mr. Alanskas: Okay. Thank you. Mr. Wilshaw: Mr. Alanskas just took one of my questions. I was going to ask iflhe seating was going to be open during the winter months. Mr. Suchyta: I don't think it would be feasible to heat it in the winter. Mr. Wilshaw: Okay. Have we hammered out what the seating on this deck is going to be? I know there's been a couple different reports here. Mr. Suchyta: I've heard numbers from 144 to 149. Mr. Wilshaw: Okay. And you're not going to have any sound system out there either playing audio sports games or anything? Its just going to be a silenldeck? Mr. Suchyta: We haven't got that far. I don't know if we would put a TV out there or not. Not a big screen, though, for sure. Mr. Wilshaw: Okay. Certainly if there is going to be some sort of sound system out there, we would want to be careful that the audio is nollooloud. Mr. Suchyta: I agree. Mr. Wilshaw: Of course, you don't have loo many neighbors around there, so that is good. Mr. Suchyta: Forsure. Mr. Wilshaw: The other question I have is, the deck itself. That's being held up by cement pilings that are going to support the weight of that. Mr. Suchyta: There will be cement footings and metal and steel girders coming up out of that. Mr. Wilshaw: Okay. Mr. Suchyta: It will be a metal deck with cement floor so there will be no wood construction in it. Mr. Wilshaw: Okay. Mr. Suchyta: The Fire Marshal wanted it all steel and cement. 23392 Mr. Wilshaw: And tie only access to the desk is going to be through the restaurant itself. You're not going to enter the deck through the parking lot. Mr. Suchyta: Not from the parking lot. We want control over who goes on the deck. Mr. Wilshaw: Okay. Very good. Mr. Suchyta: But there will be emergency exits on both ends according to the Fire Marshal's request. Mr. Wilshaw: Okay. All right. Thank you. Mr. LaPine: I'm glad to hear about the steel and concrete deck because that was one of the things that concerned me. Maybe Mark can answer this question for me before I have one other question for you. The Fire Marshal is saying they need equipment if they have to fight a fire from the south side of the building. How would they get down in there to have equipment? Have you talked to the Fire Marshal as to why they have that objection? The Fire Marshal says the "current topography limits Fire Department access to this building. Additional construction will further inhibit Fire Department ability." If they had to evacuate people, how would they gel out there? How would they get down there? Mr. Taormina: There are three access points. There is one on the west side of the building, one on the east side of the building and one through the building. So there are multiple points of egress and ingress to the deck, and it's really no different from the current situation. That topographic limitation exists whether there is a deck or not for that side of the building. They pointed out that concern. However, in discussing this matter with the Inspection Department, ilwould still meet all codes relative to access. Mr. LaPine: Okay. The times I've been in your bar, that retention pond is not what I call a beautiful thing to look at if you're eating your dinner outthere. Can you do something about that? Mr. Suchyta: Two fountains in the pond to help dean it up and get rid of the algae and hopefully keep the weeds down. Mr. LaPine: Okay. That's good. I'm glad to hear that. That's good news. Thank you, Mr. Chairman. 23393 Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? If so, would you please step forward? Michael Mitchell, 31547 Five Mile, Livonia. I would like to speak in favor to see that this deck would be placed on this restaurant. As it stands now, there are no outside decks that I'm aware of to lake the family to eat outside and enjoy a water feature other than, I believe, what is that, the Lake Pointe Yacht Club. And I don't really consider that to be a family environment. So I press for the approval of this. Thank you. Tim Racey, 17977 University Park Drive, Livonia. I'm here to express my hope that you would approve what Doc's doing. It's a very good bar, a good place to come down and get a drink and bring your family. Mr. Walsh: Thank you for coming out tonight. Mr. Racey: You're very welcome. Thank you. Don Artushin, 31397 Mayville, Livonia. I would just also like to give my support for the improvements that are requested to be added to Doc's Retreat. I think it is really a good idea to have outside dining and it gives a nice atmosphere for my wife and 1. We've enjoyed his place also. Mr. Walsh: Thank you for coming. Is there anybody else in the audience wishing to speak this evening on this item? Mr. Alanskas: Mr. Chairman, I just have one more question. What do you plan on doing in regards to mosquito control? Mr. Suchyta: We have a bug killer. It works very well. It covers large acreage. And I plan on putting two of those underneath the deck or near the deck on the outside, and they work very well. Plus with the fountains in the ponds, that will cut down on the breeding element of mosquitoes out there. Its a breeding ground now for mosquitoes if you've been out that way. Mr. Alanskas: Okay. Thank you. Mr. Walsh: Seeing nobody else in the audience coming forward, I'm going to close the public hearing. Al this point, a motion would be in order. 23394 On a motion by Smiley, seconded by Alan skas, it was RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 25, 2006, on Petition 2006-05-02-12, submitted by Paradocs, LLC requesting waiver use approval to construct an outside deck addition and increase the sealing capacity of the existing full service restaurant at 19265 Victor Parkway (Doc's Sports Retreat), on property located on the west side of Victor Parkway between Seven Mile Road and Pembroke Street in the Southeast % of Section 6, the Planning Commission does hereby recommend to the City Council that Petition 2006-05-02-12 be approved subject to the following conditions 1. That the Proposed Outside Deck Addition Location Plan prepared by S.T. Soderquist, Licensed Land Surveyor, received by the Planning Commission on May 24, 2006, is hereby approved and shall be adhered to; 2. That the Proposed Outside Deck Elevation Plan and Floor Plan marked Sheet A-1 prepared by Kobeissi Associates, Inc., dated March 1, 2006, is hereby approved and shall be adhered to, with the qualification that the maximum total number of customer seals in the restaurant shall not exceed 389 seals, including 245 interior seats and 144 outdoor deck seats; 3. That the Proposed Rear Elevation Plan marked Sheet A-2 and the Proposed North Elevation Plan marked Sheet A-3, prepared by Kobeissi Associates, Inc., both dated March 3, 2006, are hereby approved and shall be adhered to; 4. That the height and area of the proposed ground sign shall conform to the ordinance; 5. That no exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; and 6. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the building permits. Subject to the preceding conditions, this petition is approved for the following reasons: 23395 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Walsh: Is there discussion? Ms. Smiley: Mark, he said he would lower the sign and make it fit. Do you want to modify condifion 4 for me? Mr. Walsh: We will modify this section then to indicate that he will comply with the height restriction. Mr. Morrow: Mr. Chair? Mr. Taormina: Yes, we can modify Condition 4 so that the sign will comply with the height restriction. That's no problem. Ms. Smiley: And then he said it would also be the right 30 feel. Mr. Taormina: Yes, 30 square feel. Ms. Smiley: So, how do I say that? Mr. Walsh: You've said it. Ms. Smiley: There you go! Mr. Morrow: Mr. Chairman, because of the extreme setback requirement, I would not be opposed to allowing the extra height as originally proposed by the petitioner. If it was a normal setback, I would feel that it should be reduced. Ms. Smiley: In size or in height? Mr. Morrow: Well, I think the area is exceeded by three square feet, but the height is taller. Just as it is originally submitted. Mr. Walsh: Are you suggesting an amendment to the motion? 23396 Mr. Morrow: Well, I would like that to be considered. Mr. Walsh: So we will accept that as a motion put forward amending the original resolution. Is there support? Ms. Smiley: I have no problem. Mr. Walsh: You have no problem? If there is no problem from the maker, and the second, Mr. Alanskas? Mr. Alanskas: Well, the only question I have is, if the petitioner is willing to conform to our regulations, why should we give him a bigger sign? If he didn't want to do that, I would say I wouldn't mind giving him the bigger sign, but if he's willing to do that ... Mr. Suchyta: I would like the bigger sign because the setback is so far from the street. We're almost 40 feet from the street and a 30 square fool, 6 fool by 5 fool sign is not going to be that visible. So that's why I wanted to raise it up a littler higher off the ground, but I would like to avoid a hassle of going through the Zoning Board to gel it approved if that's possible. Mr. Alanskas: But because you want a larger setback, you still have to go to the ZBA regardless for your setback. Mr. Suchyta: If it's approved here, then I think it would be easier ... Mr. Alanskas: You'd still have to go to the ZBA. Mr. Suchyta: But it would be easier for me to get through there, I think, if Planning approved it. Mr. Alanskas: It does not have to go to the ZBA for that? Mr. Taormina: No, not for the increased setback. Mr. Alanskas: No, but for the size of the sign he does. Mr. Taormina: Yes, for the extra three square feet of the sign. Mr. Suchyla: What about height? Mr. Taormina: The ordinance limits the height to six feet, the area to 30 square feet, and the minimum setback is 10 feet as measured from the fight-0iway. He's proposing a sign that is 37 feet back from the right-of-way, which is permissible, 10 feet in height and 33 23397 square feet in area. So he needs variances for both the height as well as the area. Mr. Alanskas: So he would still have to go to the ZBA for that. Mr. Walsh: Right. And he does understand that. Mr. Alanskas: Yeah. Okay. Mr. Walsh: I'm going to ask for the motion to be formalized, M. Morrow, and then see if there's a second for it. Are you willing to put the motion forward for an amendment? Mr. Morrow: For the amendment, correct. On a motion by Smiley, seconded by Alanskas, and unanimously adopted, it was #07-73-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 25, 2006, on Petition 2006-05-02-12, submitted by Pamdocs, LLC requesting waiver use approval to construct an outside deck addition and increase the sealing capacity of the existing full service restaurant at 19265 Vidor Parkway (Doc's Sports Retreat), on property located on the west side of Vidor Parkway between Seven Mile Road and Pembroke Street in the Southeast % of Section 6, the Planning Commission does hereby recommend to the City Council that Petition 2006-05-02-12 be approved subject to the following conditions 1. That the Proposed Outside Deck Addition Location Plan prepared by S.T. Soderquist, Licensed Land Surveyor, received by the Planning Commission on May 24, 2006, is hereby approved and shall be adhered to; 2. That the Proposed Outside Deck Elevation Plan and Floor Plan marked Sheet A-1 prepared by Kobeissi Associates, Inc., dated March 1, 2006, is hereby approved and shall be adhered to, with the qualification that the maximum total number of customer seats in the restaurant shall not exceed 389 seals, including 245 interior seats and 144 outdoor deck seats; 3. That the Proposed Rear Elevation Plan marked Sheet A-2 and the Proposed North Elevation Plan marked Sheet A-3, prepared by Kobeissi Associates, Inc., both dated March 3, 2006, are hereby approved and shall be adhered to; 23398 That the Proposed Ground Sign Location Plan prepared by S.T. Soderquist, Licensed Land Surveyor, received by the Planning Commission on July 12, 2006, and the Proposed Free Standing Sign Detail marked Sheet SGl prepared by Kobeissi Associates, Inc., dated March 1, 2006, are hereby approved, subject to the granting of variances for excessive ground sign area and height by the Zoning Board of Appeals and any conditions pertaining thereto. Any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council; 5. That no exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; and 6. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the building permits. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Walsh: Is there any discussion on the amendment? Mr. Wilshaw? Mr. Wilshaw: My personal view is that I'm not necessarily in support of increasing the size of the sign past the ordinance if the petitioner is willing to have a conforming sign. The nature of traffic on Victor Parkway is such that if you're going to Doc's or to Lone Star, you're going down that street and you know where it is at that point. Its not a transient type traffic going by, so I don't think it's necessarily an issue of poor visibility of his restaurant. 23399 Mr. Walsh: Is there any further discussion on the amendment? Mr. Suchyta: Could I ask that question? Mr. Walsh: Sir, I'd like to proceed. Al this point, we're under Robert's Rules. I'd just need to keep the conversation here at the table, if you don't mind. Thank you. Is there any further discussion? Seeing none, would the secretary please call the roll on the amendment? A roll call vole on the foregoing resolution resulted in the following: AYES: Morrow, Shane, Smiley, Walsh NAYES: LaPine, Alanskas, Wilshaw ABSTAIN: None ABSENT: None Mr. Walsh: The motion passes. The original motion is then amended to reflect the original request from the petitioner. Is there any further discussion on the motion on the table? Seeing none, would the Secretary please call the roll? A roll call vole on the foregoing resolution resulted in the following: AYES: Smiley, Alanskas, LaPine, Shane, Morrow, Wilshaw, Walsh NAYES: None ABSTAIN: None ABSENT: None Mr. Walsh: What this means is the motion has passed. It will go on to City Council with an approving recommendation and it includes in the motion that was just approved the originally requested sign. ITEM#3 PETITION 2006-06-0243 UORAZIO CONTRACTING Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 06-02-13, submitted by D'Orazio Contracting Corp. requesting waiver use approval to develop a Planned Residential Development consisting of three attached dwelling units, pursuant to Section 20.02 of the Livonia Zoning Ordinance, at 15126 Brookfield, located on the east side of Brookfield Avenue between Five Mile Road and Meadowbrook Lane in the Northwest % of Section 22. 23400 Mr. Taormina presented a map showing the property under petition plus the existing zoning ofthe surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated June 30, 2006, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the legal description or the proposed layout contained in the submittal. The Developer should be made aware of the fact that then; is no water main located at this site and the Engineering Division and Fire Marshal will require that the water main be extended from Five Mile Road or from the existing hydrant south of the site and a hydrant be placed at the end of the main, regardless from which direction the main is extended." The letter is signed by John P. Hill, Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated June 19, 2006, which reads as follows: `This office has reviewed the site plan submitted in connection with a request to develop a planned residential development on property located at the above -referenced address pursuant to Section 20.02 of the Livonia Zoning Ordinance. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated July 6, 2006, which reads as follows: We have reviewed the plans in regards to the proposal for D'Orazio condominiums at 15126 Brookfield. We have no objections orrecommendatfons to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated June 30, 2006, which reads as follows: "Pursuant to your request of June 13, 2006, the above - referenced petition has been reviewed. The following is noted. (1) The deficient front, rear and side yard setbacks may be approved as modified with a determination by Council that such modification will result in a more efficient use of the land and will not be injurious to surrounding land and to the public as a whole. (2) The document provided does not detail the material to be used in the gable end walls and the fascia and trim. The material is to be essentially maintenance free. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff before we go to the petitioner? Seeing none, Mr. D'Orezio has already joined us. Is there anything you'd like to add or should we go straight to questions? 23491 Angelo D'Orazio, D'Orazio Contracting, 15530 Farmington Road, Suite #1, Livonia MI 48154. 1 want to put those three condos in because there is a little house over there and no basement. We will demolish the house, remove the house, to make room for three condos. Two houses is not working. Mr. Walsh: Are there any questions from the Commissioners? Mr. LaPine: Will you be able to save all the large trees on the north side of the properly which abut the carports? Mr. D'Orazio: Most of them yes. The one in the back ... Mr. LaPine: The one in the far back looks like it might interfere. Mr. D'Orazio: That one is okay. The one in the front needs to be removed. Mr. Alanskas: I know we asked for a coloring rendering. What color is the brick going to be? Mr. D'Orazio: The brick is going to be . . Mr. Taormina: There is a rendering right there. Mr. D'Orazio: About this color right here. Mr. Alanskas: Okay. Thank you. I see where you're going to have a Roman brick. Isn't that a narrower brick? Mr. D'Orazio: This one? Mr. Alanskas: Yes. Mr. D'Orazio: This is all limestone. Mr. Morrow: Mr. Chairman? Could we have that put on the easel? Mr. Alanskas: I thought a Roman brick was not a four inch brick. It's a narrow brick. Its a nice brick. Mr. D'Orazio: It is a full standard brick, with limestone around the windows. Mr. Walsh: Mr. D'Orazio, if you could hand that to Mr. Nowak, he'll put that on the tripod so it can be shown to our audience. Any additional questions? 23402 Mr. La Pine: Just one. What kind of a price range are we talking about for these condos? Mr. D'Orazio: $250,000 - $270,000. Mr. La Pine: That's starling out? Mr. D'Orazio: $270,000 more like. There will be good stuff inside too. Mr. Wilshaw: I have a question about your backyard landscaping. I see that you have a number of trees and so on. Are you going to have any fences between the properties, the three units, or is it just going to be an open back yard? Mr. D'Orazio: I have no plans. Just landscape. Mr. Wilshaw: You have two door walls in the rear of each unit. Mr. D'Orazio: Yeah. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, I'm going to close the public hearing. A motion is in order. On a motion by Shane, seconded by Wilshaw, and unanimously adopted, 0 was #07-74-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 25, 2006, on Petition 2006-06-02-13, submitted by D'Orazio Contracting Corp. requesting waiver use approval to develop a Planned Residential Development consisting of three attached dwelling units, pursuant to Section 20.02 of the Livonia Zoning Ordinance, at 15126 Brookfield, located on the east side of Brookfield Avenue between Five Mile Road and Meadowbrook Lane in the Northwest % of Section 22, the Planning Commission does hereby recommend to the City Council that Petition 2006-06-02-13 be approved subject to the following conditions: 1. That the Site Plan marked Sheet 1 of Job No. 06027 prepared by Arpee/Donnan, Inc., dated May 11, 2006, is hereby approved and shall be adhered to; 2. That the Building Elevation Plans prepared by Gallagher Group Construction Co., Inc., dated July 19, 2006, as revised, are hereby approved and shall be adhered to, with the qualifications that brick shall constitute not less than 85% of the exterior wall materials and that the side 234 3 elevation gable ends, fascia and trim shall be essentially non -maintenance type materials; 3. That the brick used in the construction of the condominium building shall be full face 4 -inch brick, no exceptions; 4. That the Landscape Plan marked Sheet LP -1 submitted by D'Orazio Contracting Corp., dated May 30, 2006, is hereby approved and shall be adhered to; 5. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 6. That all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 7. That an automatic, underground irrigation system shall be provided for all landscaped and sodded areas; and 8. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department al the time of application for the building permits. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 20.02 and 19.06 of the Zoning Ordinance #543; 2. That the proposed use is compatible to and in harmony with the surrounding uses in the area; 3. That the subject site has the capacity to accommodate the proposed use; and 4. That the proposal represents a reasonable and well designed land use solution at a density that is considerably less than the maximum density allowed under the R-7 district regdations. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. 23404 Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#4 PETITION 2006-06-0244 WINESTYLES Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 06-02-14, submitted by WineStyles requesting waiver use approval to utilize a Class C liquor license and an SDM liquor license at 17386 Haggerty Road, located on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest % of Section 7. Mr. Walsh: Before we move onto this item, first I need to note that I was remiss in recognizing that we have a new Vice Chairman. Mr. LaPine was elected Iasi week to serve as Vice Chairman. I'm going to press him into service at this point. I am an employee of SchoolcraR College. This facility will be on our property and to avoid any appearance of a conflict of interest, I am going to pass the gavel and will not participate in the discussion or vole. Mr. La Pine: Thankyou. Mr.Taormina. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. LaPine: Mr. Nowak, I see we have some correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated June 30, 2006, which reads as follows: "Pursuant to your request, the Engineering Division is providing the approximate legal description as follows." The letter is signed by John P. Hill, Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated June 19, 2006, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a Class C liquor license and SDM liquor license on property located on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest X of Section 7. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated July 6, 2006, which reads as follows: "We have reviewed the plans in connection with a proposal by WineStyles located at 19625 Victor Parkway. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studt, Sergeant, Traffic Bureau. 23405 The fourth letter is from the Inspection Department, dated June 30, 2006, which reads as follows: "Pursuant to your request of June 14, 2006, the above- eferenced petition has been reviewed. The following is noted. (1) There are several other licensees within the ,1000 foot required separation distance. Council may waive this distance requirement. (2) This petition appears to propose one wall sign at 32.8 feet and 2 signs on awnings. This site would be allowed only 1 wall sign with square footage equal to or less than their lineal feet of store frontage (can not determine from documents provided). Anything else would require a variance from the Zoning Board of Appeals. This Department has no further objections to this Petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. LaPine: Are there any questions for the staff? Seeing none, is the petitioner here this evening? Scott D. Edwards, Plunkett & Cooney, P.C. 38505 Woodward Ave, Suite 2000, Bloomfield Hills, Michigan 48304. 1 am the attorney for WineStyles. Kathleen Groman, the petitioner, is also here tonight. I believe you've had the pleasure of meeting her. Unfortunately, we came here with a full load of wine samples tonight, but we saw there was no food or beverage allowed in the auditorium, so we put it back in the car. I'm sorry about that. Mr. LaPine: That's what happens when you're a public servant. Who is going to be the spokesperson, you or Ms. Groman? Mr. Edwards: Well, I guess really we're here to answer any questions that you have. Mr. LaPine: Why doesn't the owner of the establishment give us a rundown of what you're going to do here. You're on television. People in Livonia are listening. You're a new business. Tell us what your establishment is going to be, how you're going to operate, and if we have any questions, we'll ask you. Kathleen Groman, WineStyles, 7112 Cowell Road, Brighton, Michigan 48116. Okay. That sounds fine. I'm the owner of the WineStyles store that we're proposing in Livonia. WineStyles is a store that ... our goal is to demystify the wine buying experience. We were founded back in 2005. That's when I first looked at this franchise. When I first looked at it, there were six stores, and now there's over 50 across the country and there are 118 franchises total across the country that are in the works. What we are really in the marketplace trying to accomplish is to just take the mystery out of wine buying. I don't know about you, but M I've been into several wine stores, and you go and it's just a confusing process. Which is the right wine to choose with maybe what meal you're having or whatnot and trying to gel someone to help you is usually ... the help is not available. What we do is we categorize our wine by style rather than by region or variety. So once you gel to know your palate and what your style would be, its very simple then to choose a wine. And we have categories such as crisp, bold, mellow, etc., etc. And really, once you gel to know the type of wine that you like, it's very easy then to choose the right wine. And you might ask, well, how do you gel to know your palate? Well, Wineslyles is unique because we do the tasting on -premise so you can come into a Winestyles store, you can try some wines that we have available for sampling, and also we do Thursday night wine tastings where we will have someone from the vineyard who's available to explain anywhere from the soil to the end product. So it's really a wine education type of a situation where you're not coming in and guessing what you want to purchase. You're actually having the opportunity to try the wine, to be educated, and we also have gift items and gift baskets and corkscrews, glassware, and that type of thing. Our goal is really to make wine buying fun rather than intimidating. So that's kind of an overview of what we have to offer. This would be the first store in Michigan, and we've really done our homework on locations, and we've chosen Livonia for a specific reason. The clientele here, we feel, would be very receptive to this concept, more of a sophisticated clientele, and with the restaurants that are in the area and whatnot, we really feel that Livonia is a great venue for our first wine store. We do plan on doing more than one store, but we're really excited about the community of Livonia and what it has to offer. So that's pretty much what we do. Do you have any questions? Mr. Alanskas: How long is your lease for? Ms. Groman: Its five years with a five year option. Mr. Alanskas: Number two, do your employees wear any special attire when you're doing this? Ms. Groman: Absolutely. We have a uniform that we require our employees to wear. Mr. Alanskas: Just roughly, what is the average person's age that comes into this store for this type of business - like from 20 to 25 to 50? Ms. Groman: Our target market is really probably from 30 to 50. 23497 Mr. Alanskas: How many people would you have in your store at one time do you think at your busy peak hours? Ms. Groman: All depending. I mean the Thursday night wine tastings are probably going to be the busiest time, but we are going to put a cap on how many people. I know some other stores have limited it to like 35 people ata tasting event. Mr. Alanskas: So you're talking no more than 50 at a tasting? Ms. Groman: Oh absolutely. Mr. Alanskas: All right. Thank you very much. Mr. Morrow: Yes, you mentioned the wine lasting party. Is that done by ticket sales or is it a walk-in type of a situation? Ms. Groman: That is something that you would have to purchase a ticket for to do the wine sampling. Mr. Morrow: Okay, but you could walk in and buy a ticket if there's room? Ms. Groman: Absolutely, but we do email blasts just like the other stores. I'm just basing it upon what's happened across the country. Normally, with an email blast they will pre -sell the tickets and limit it, and a lot of those do sell out beforehand. Mr. Wilshaw: What are the hours of operation? Ms. Groman: Across the country its different. We were looking at 1100 a.m. to 8:00 p.m. However, I'm thinking with the restaurants in the area we may be wishing to extend that to 9:00 p.m. Mr. Wilshaw: Okay. And that's Monday through Saturday? Ms. Groman: Correct. Mr. Wilshaw: Are you going to have a selection of local Michigan wines available as well? Ms. Groman: I was just up at the vineyards this past weekend, as a matter of fact, so that's something that we're very excited about and corporately they're very excited about that as well. Mr. Wilshaw: Yes, I'm sure that would appeal to the customers around here. And you're okay with having a sign for your store that is 23408 conforming, roughly 20 square feet or whatever is appropriate for that space? Ms. Groman: Absolutely. Mr. Wilshaw: Okay. Great. Thank you. Mr. La Pine: On most of the pictures you gave us, there are awnings. Are their awnings on this store? Ms. Groman: There is an awning at the location. I believe its a striped awning. Mr. La Pine: Oh, there's one already there and you're just going to use the same awning. Ms. Groman: Yes, because we want to comply with ... Mr. La Pine: The other question I have, I guess Mr. Wilshaw asked, about the opening of the store. Are you going to be able to get some help from the restaurants by putting some flyers or advertisements out that this wine store is there because some people go to a restaurant and they may want to walk over and see it. Have you talked to the owners? Ms. Groman: We definitely plan on doing some cross -promotional events with the restaurants. A lot of the stores across the country will do a wine dinner at one of the local restaurants so they kind of work together. We provide the wine and they provide the food and it works out really well. Mr. LaPine: Are there any questions from the Commissioners? Is there anybody in the audience that wishes to speak for or against this petition? If not, a motion would be in order. Mr. Wilshaw: I will go ahead and make an approving resolution. I think this is a nice business. It's unique and I think its a good location. On a motion by Wilshaw, seconded by Morrow, and adopted, ilwas #07-75-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 25, 2006, on Petition 2006-06-02-14, submitted by WineSlyles requesting waiver use approval to utilize a Class C liquor license and an SDM liquor license at 17386 Haggerty Road, located on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest % of Section 7, the Planning Commission does hereby recommend to the City Council that M Petition 2006-06-02-14 be approved, provided that the 1,000 foot separation requirement between Class C licensed establishments as set forth in Section 11.03(h) of the Zoning Ordinance is waived by the City Council by means of a separate resolution, pursuant to Section 19.06(1) of the Zoning Ordinance, in which two-thirds (2/3) of the members of the City Council concur (since the subject use is not an establishment utilized primarily as a restaurant or for dining facilities), and also subject to the following additional conditions: 1. That the customer sealing provided in connection with the subject use shall be in accordance with the Floor Plan submitted by WineSlyles, as received by the Planning Commission on June 7, 2006; 2. That the number of customer seats shall be limited to no more than eleven (11) seats; 3. That the sale of alcoholic beverages for consumption on the premises shall be limited to wine only, as defined under the Michigan Liquor Control Code; 4. That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council; 5. That wall signage shall not be illuminated beyond one (1) hour after this business closes; 6. That no LED lighlband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows. 7. That the awnings of this unit shall not be backlit; and 8. 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. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 23410 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. LaPine: Is there any discussion? Mr. Alanskas: Did you want the lop of the paragraph included in the approving resolution regarding the 1,000 fool separation requirement? Mr. Wilshaw: I would be happy to read that. Mr. LaPine: I guess that really should be in there. Thank you, Mr. Alamkas, for pointing that out. Is there any other comment? Hearing none, we'll have a roll call vole. A roll call vole on the foregoing resolution resulted in the following: AYES: Wilshaw, Morrow, Alanskas, Shane, Smiley, LaPine NAYES: None ABSTAIN: Walsh ABSENT: None Mr. LaPine, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#5 PETlTION2006-06-0245 FLEMING'S Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 06-02-15 submitted by Fleming's/Great Lakes 1, Limited Partnership, requesting waiver use approval to utilize a Class C liquor license in conjunction with a full-service restaurant (Fleming's) at 17400 Haggerty Road, located on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest''/. of Section 7. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. 23411 Mr. LaPine: Is there a ny correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated June 17, 2006, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal at this time. The legal description for Fleming's follows." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated June 19, 2006, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a Class C liquor license in conjunction with a full-service restaurant on property located on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest % of Section 7. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated July 6, 2006, which reads as follows: We have reviewed the plans in regards to the proposal by FlemingsrGreat Lakes Partnership in regards to the Flemings Restaurant located at 18600 Haggerty Road. It appears that the sidewalk and parking area are at the same elevation. If this is true, they must install parking blocks between the parking area and the sidewalk." The letter is signed by David W. Studt, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated June 30, 2006, which reads as follows: "Pursuant to your request of June 14, 2006, the above -referenced petition has been reviewed. The following is noted. There are several other licensees within the 1,000 foot required separation distance. Council may waive this distance requirement. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. LaPine: Are there any questions for the staff? Ms. Smiley: Mr. Taormina, isn't it true that the reason they want these licenses is that they start a bottle of wine and they can take it home and consume the rest of it there? They don't have to drink the whole bottle on site. Isn't that what they primarily told us at the other restaurants? Mr. Taormina: The Class C license allows for the consumption on the premises of beer, wine and other mixed spirits. I do believe there is a provision under the Michigan Liquor Control Code that may allow you to do that, but I'm going to pass that question on to the attorney. 23412 Ms. Smiley: Okay. Mr. La Pine: We'll get to him in a minute. Are there any other questions for the staff? The petitioner is at the podium. Can you answer the question? Scott D. Edwards, Plunkett & Cooney, P.C. 38505 Woodward Ave, Suite 2000, Bloomfield Hills, Michigan 48304. 1 can indeed. I did such a formidable job for Ms. Groman here tonight, I thought I'd try again for Flemings. In answer to your question, what you're talking about is the "cork and go" bill. Before the bill, you would order a bottle of wine. You would drink half of it and half of it would slay there. To conform with what other states are doing, you can now order a bottle of wine, drink half of it, and then take it home. It has to be sealed properly. You have to cul the cork off at the lop and have it put in a proper container, and then you can take it home with you so you can drink later. The idea is that so you don't have people who ordered a bottle of wine feeling compelled to finish it. They can slop. They can gel a better bottle of wine if they choose. It's been around for about a year. So that's what the "cork and go" bill is. Ms. Smiley: Thank you. Mr. Edwards: As far as for our petition here tonight, I believe the waiver of the restaurant use was approved some time ago. Unfortunately, it was an out -state architect, and he didn't really understand that you need to appear again for liquor license approval, which is usually done at the same time. So we're cleaning up that matter here tonight. If you have any questions, hopefully I can answer them for you. Mr. Morrow: Just to follow up on the "cork and go" You're not allowed to sell an unopened bottle, though? That's a packaged store. Mr. Edwards: That's correct, unless you would have an SDM license, which we're not asking for. Mr. Morrow: That's what I was trying to bring out. Thank you. Mr. LaPine: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one, a motion would be in order. 23413 On a mot on by Smiley, seconded by Ala nskas, and adopted, it was #07-76-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 25, 2006, on Petition 2006-06-02-15 submitted by Fleming's/Great Lakes 1, Limited Partnership, requesting waiver use approval to utilize a Class C liquor license in conjunction with a full-service restaurant (Fleming's) at 17400 Haggerty Road, located on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest % of Section 7, the Planning Commission does hereby recommend to the City Council that Petition 2006-06-02-15 be approved, provided that the City Council waives the 1,000 fool separation requirement between Class C licensed establishment as set forth in Section 11.03(h) of the Zoning Ordinance, for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. LaPine: Is there any discussion? Would the secretary please call the rolh A roll call vole on the foregoing resolution resulted in the following: AYES: Smiley, Alanskas, Shane, Morrow, Wilshaw, LaPine NAYES: None ABSTAIN: Walsh ABSENT: None Mr. LaPine, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Mr. Walsh has returned to the podium at 8:55. 23414 ITEM#6 PETITION 2006-06-0246 HERTZ Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 06-02-16 submitted by the Hertz Corporation requesting waiver use approval to operate a car rental facility at 29070 Plymouth Road, located on the north side of Plymouth Road between Middlebell Road and Camden Avenue in the Southwest'''/ of Section 25. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated July 10, 2006, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the legal description contained therein. There are no additional right-of-way requirements for this site and " have no other objections." The letter is signed by James Zoumbaris, Superintendent of Public Service. The second letter is from the Livonia Fire & Rescue Division, dated June 26, 2006, which reads as follows: "This office has reviewed the site plan submitted in cronnection with a request to operate a car rental facility on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated July 6, 2006, which reads as follows: "We have reviewed the plans in connection with a proposal for Hertz located at 29068 Plymouth Road. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated July 10, 2006, which reads as follows: "Pursuant to your request of June 22, 2006, the above -referenced petition has been reviewed. The following is noted. (1) These plans and details are not sufficient to do a proper review and should be upgraded and resubmitted. (2) Our records do not indicate three addresses nor who the occupants are. There is no zoning compliance for the parts store nor for an apparent automotive repair shop in the center space. The landlord should obtain three valid addresses for these spaces from Engineering. (3) The dumpster is not gated. (4) The parking area needs clean-up, vegetation removed, 23415 repair, resealed and double striped. The accessible parking needs to be properly striped and signed. (5) There was no access to the rear area to review the lot and the condition of the protective screening wall. (6) This site may need to be evaluated to determine if the building has been partitioned properly and to code. (7) Exterior elevations are needed to document needed maintenance and changes to the exterior. (8) There are vehicles stored outside in various states of disrepair, including dismantied/non-operational. (9) There are unprotected HVAC units (in violation of the code) located in a drive area. (10) A car rental facility requires X acre of property for itself. The site is slightly over Y acre and proposes one tenant that requires X acre and two tenants for the other .27 acres. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? Mr. Shane: Mr. Taormina, the notes indicate that the two westerly uses require len parking spaces. Is that correct? Mr. Taormina: That is based on the number of work stations that are within those two structures which are currently being utilized for automotive repair purposes. Mr. Shane: Okay. Assuming that is correct, if I read that site plan correctly, there's only five parking spaces within the immediate vicinity and the rest are all on the larger portion of the parcel. Is that correct? Mr. Taormina: Yes, if you look at the site plan, these are the two westerly units as they've been refered to. If you divide the site along the demising wall between this unit and the proposed car rental facility, that line extending north, you would see that there would be only five parking spaces directly behind those two units. Mr. Shane: Okay. Thank you. Mr. Walsh: Is the petitioner here this evening? Good evening. Is there anything you would like to add? Cad Johnson, Hertz Corporation, 33910 Plymouth Road, Livonia, Michigan 48150. Good evening. Just a few items if I could. It was discussed Iasi week at the pre -meeting that the Council would like to have the properly owner, Mr. Angelo Mauti, present to be able to address specific concerns with regard to the existing tenants. Mr. Mauti is in attendance this evening if the Council 23416 would like to ask any questions of him. Also, I did have a conversation with the genflemen from the Inspection Department, Mr. Bishop, with regard to his concerns about the plans. I think it would be fair to characterize his concerns as largely revolving around the current tenants that are in the building today and questions with egard to parking and what the future use of the building will be, more so than the changes that Hertz proposes to make to the building to accommodate its use as a car rental facility. Al the meeting Iasi week, it was requested that elevations be provided which previously we had been told would not be necessary. Unfortunately, our architect was not able to, on short notice, provide elevations. What I was able to do, if you're interested, was to take some color photographs of the building that exists today to allow you to see the building, the awning thafs there, and to see in color the changes that we plan to make. I have copies here. Mr. Walsh: If you could hand them to Ms. Watson, she will pass them along for us to lake a look at. Mr. Johnson: As you can see, the color of the building is very similar to a light gray that we would paint the exterior of the building, similar to what we did at our current office, 33910 Plymouth Road. You can see that the roof of the building is painted red. You can see that there is an existing metal awning there as well that does not have a covering at this point. We're flexible with respect to what the Commission would like to see. Whether you'd like to see us simply recover the existing awning, in which case we would just put a black covering on it with the gold Hertz logo. Or if you would like to see the awning come down, we're certainly flexible and would be willing to take the awning down, in which case we would just paint the roofline black and put the gold 36 inch Hertz channel letters that you may have seen at our current Plymouth Road store up on the Plymouth Road front or facing southward onto Plymouth Road. So we're flexible there. But structurally, we're not proposing any changes to the building, which is why I think there was some initial confusion about the requirement to produce elevations. Mr. Morrow: Are you planning on any interior changes to the building as far as how its developed inside? Mr. Johnson: Yes. Primarily ifs re -carpeting; ifs a new drop ceiling. There's some interior non -load bearing walls that are broken up currently to provide interior storage. We'd like to move one of those to be able to make some functional offices out of them. You have three small spaces that really should be two offices as opposed to a small storage room. 23417 Mr. Shane: Was that provided in our packet? Mr. Johnson: The packet does show a breakdown of the interior with each room labeled. Mr. Morrow: I guess I dont have it. Al least I didn't see it. That was the only question I had relative to that. In looking at the building, it seems to be in fairly good shape, and the interior looks fairly well cared for. My biggest concerns are with the parking and the condition of the parking lots and the general housekeeping around it. I'll defer that until we have a chance to talk to the properly owner. Mr. Johnson: If I could address maybe part of that concern. Hertz is prepared, in terms of our build -out, to reseal and re -stripe the entire parking lot and dean up all of the existing landscaping. You can see maybe in some of the pictures that there's some overgrown plants that sort of border the existing fencing area - lo clean all of that up and really bring the building up to what you'd expect for a Plymouth Road establishment. Those are things that we would want to do to be able to bring our customers in and present the right image that the customers expect of Hertz Rental Car. Mr. La Pine: I, loo, was out to the building looking in the front. The interior building looks in pretty good shape. It looks like the floors have been recently painted. The ceiling, quite frankly, looks in pretty good shape to me. But I wouldn't call this red, whoever painted this. It's pink, in my opinion, and it looks terrible. The outside gray looks like it was just recently painted and it's in pretty good shape. The other concern I have, it probably would help the building if you put an awning up there to cover this, but what color would you use for the awning? Mr. Johnson: If we were to recover the awning, we'd like to keep it with our corporate colors which would be a simple black awning with the gold Hertz logo on both faces. Mr. La Pine: And that would hide all this, I'm going to call it pink, right? Mr. Johnson: Yes, it would. Mr. La Pine: You mentioned that you're going to wash cars in the rear. Is there a large drain in there to take the water away? You're not going to be pushing it out in the back or anything? Mr. Johnson: Yes, there is an existing drain there. 23418 Mr. LaPine: Now, the other question I have, I'm confused as to where the fence would go. You have the one, two, three building. Are you going to start your fence al the rear of the building, all the way to the back, so that where all your cars are stored in the rear, will be surrounded by a fence. Is that your plan? Mr. Johnson: Yes, basically, if you see the customer area parking, if you just extended that north and just carried the fence right on back to the rear of the properly. Mr. LaPine: Would ilgo across to the north and then back down south? Mr. Johnson: Yes, to lie in with the existing fence that's there. That would provide secure parking for all of the parking area. Mr. LaPine: The existing fence that is there, I don't care if it's on your properly or somebody else's. Its not in very good shape. Are you going to put up a new fence? Mr. Johnson: We would be willing to make any necessary repairs and if it needs to be replaced ... Mr. LaPine: I don't want necessary repairs. The fence is rusted and is in bad shape. It should be taken down. Mr. Johnson: Sure, we would be willing to do that. Mr. LaPine: Okay. Now my next question is, when people come in, they will come in off that one driveway. Will you have a straight shot to the back parking lot for the cars? Mr. Johnson: There is currently a fence there that blocks access from customers pulling into the rear lot. So the rear lot would be primarily for storage of rental cars. The front six spaces that you see would be for customer parking to provide in and out use. Mr. LaPine: Is it your plan to not have a free-standing sign but to have your logo on the south and the east side ofthe canopy or awning? Mr. Johnson: That's correct. Mr. LaPine: The only problem I see about that, I would assume a lot of your business would come from Metropolitan Airport. Is that correct? Mr. Johnson: No. We have a large presence at Metropolitan Airport. Our local customer base comes primarily from local corporate 23419 customers that dont want to drive out to Metro Airport, as well as the residents of Livonia that may need a larger car for vacation or business purposes, as well as anybody who may have a car in for insurance -related repairs. So primarily we draw from the Livonia customer base. Mr. LaPine: I was out to your location on Plymouth Road, and there you're wide open. You dont have something on either side of you that blocks you off. You can see your sign very dearly. Here, people coming from the west or from the south, will never see this building until they turn on Plymouth, and hopefully they won't pass it. But the parking lot, definitely, not only needs cleaning up but some of it should be ripped right out and new paving done on the whole parking lot, in my opinion. Mr. Ala nskas: Sir, if this petition was denied by the Planning Commission and City Council, would you still want to slay on Plymouth Road where you are now? Mr. Johnson: No. To be quite frank, the last three years have been very difficult in the car rental industry. I had the opportunity last week to speak a little bit about some of the cost increases. Our cars make up roughly 40 percent of our total cost, to give you some idea. When you spend a dollar with a car rental company, typically 40 cents of that goes roughly just to pay for a car to be available to you. That cost is driven up as much as 100 percent in the last three years just with the turmoil of the auto industry here in Michigan. The manufacturers are making fewer cars and fewer cars available to car rental companies. There was some discussion about closing our Livonia operations. We had a three-year lease at the current site. That is now expired. We were able to negotiate a five-year lease with two five year options with Mr. Mauti. I've been in the car rental business 10 years. I've managed competitor stores in Livonia. I believe it's a great marketplace that Hertz needs to be in, but from a financial standpoint, the cost of that building, along with just the general economic atmosphere, have made it very difficult for us to continue operations there, which really is what prompted the decision to look for another location that makes more financial sense for us, as well as provide some geographic advantages that the current location doesn't have in terms of centrality. Mr. Alanskas: Don't you think where you are currently you have better visibility for people to see you there? Mr. Johnson: To be honest with you, I don't. That's something we've looked at a lot. As you drive by, you look at the beautful monument sign that we put up there and you say, it's Plymouth Road. Its 23420 got great visibility, but we struggle with customers I think because of the setback. Both the other buildings that are on either side of us are much closer to the road than our current location. We have a lot of customers that say they struggle to find us because they drive by, even with the monument sign there. They just don't see the building. That was one of the things that was appealing to us about this site is the fad that it's closer to the road and provides a little bit better visibility, not to mention the fad that its a little bit more central in terms of some of the body shops and our current customers, folks like Ford Motor Company down the road. Roush Industries and Roush Technologies are large Hertz customers, and the new site puts us very close to them. Mr. Alanskas: What percent of your customers are drawn from the car dealerships on Plymouth Road? Mr. Johnson: You know, three years ago it probably would have been 35 to 40 percent. Today I would say less than 10 percent of our customers come from the service aisles of dealerships now when you look at their collision shops. All collision shops, in general, probably account for 35 percent of our overall market share, but that includes not just dealers, but free standing body shops that reside in the Livonia area as well. Mr. La Pine: Is this Hertz store owned by Hertz, or is it a franchise and you're the franchisee? Mr. Johnson: It's a corporately owned store. Mr. La Pine: All the improvements that we are discussing tonight are being borne by Hertz? Mr. Johnson: Yes, sir. Mr. La Pine: The owner of the property is not doing anything? Mr. Johnson: That's correct. Mr. Wilshaw: Mr. Johnson, if you were not to gel a monument sign and had awning signs instead, you're okay with that? Mr. Johnson: Yes, sir. Mr. Wilshaw: And if you were to put a sign on the south facing awning, you have a fairly large tree that's in the middle of that awning space. Do you have any idea what you would do as far as placement of 23421 that sign on the awning, or would you chop the tree down, or what would you do there? Mr. Johnson: Typically, we don't like to chop trees down. Perhaps we could trim it. But as you can see on tie photo, there's a section already in the current awning that is recessed where the logo would go. So we're sort of limited there with the existing awning in terms of where the actual Hertz placement would go. I think R's pretty much in the middle there. Mr. Wilshaw: Okay. All right. Yes, that's certainly a visibility issue for your sign. Are you planning any signage in the windows to advertising anything? Mr. Johnson: We typically don't. Occasionally we may put up a sign that talks about weekend availability and that type of sluff on the interior of the building, but just thinking on our current store, there is nothing currently in our windows in the existing Plymouth Road store so it's not something we typically do. Mr. LaPine: Could we gel the owner up of the whole parcel. I have a few questions I'd like to ask. Mr. Walsh: Mr. Mauti, if you could join us please. Thank you for joining us tonight. Mr. LaPine: Do you have any plans to do any upgrading? Seeing that lheyre going to upgrade this building, are you going to do any upgrading to the two buildings to the west of here? Angelo Mauti, 17017 Doris, Livonia, Michigan 48154. Upgrading as far as ... Mr. LaPine: Cleaning them up because they're not in the best shape in the world. Mr. Mauti: When they gel leased out to somebody, some income comes in, it's lough paying taxes right now. A lot of buildings are vacant. Mr. LaPine: I realize that. That is the question. I want to know, the question is here, he's willing to upgrade his building. It would be nice if the two buildings next door were upgrade at the same time. Mr. Mauti: I had them all painted last year. All of them. All the way around. All the buildings were painted last year. I put new roofs on the other two buildings, on three other buildings. I'm doing what I can. Believe me. Times are ... 23422 Mr. La Pine: Well, if he's willing to fix the parking lot, are you willing to fox the parking lot behind the other two buildings? Mr. Mauti: I don't understand what you're .... Mr. La Pine: Okay. He's going to upgrade the parking lots. Mr. Mauti: You mean re -asphalt or something? Mr. LaPine: Right. Mr. Mauti: Yeah, I'm willing to work with him. I mean, believe me, if you know what we're working out, I am taking care of the problems over there. Mr. Morrow: I'm just mindful of what the Inspection Department has said. Do we have sufficient plans to go forward on this or do we have to have the plans modified to meet the concerns. They say 'these plans and details are not sufficient to do a proper view and should be upgraded and resubmitted." I wonder if you could answer that or if the staff could answer that. Mr. Taormina: We are recommending at this time that the item be tabled to allow for that additional information. This is not adequate information to act on this evening. We don't have a rendering. We don't know what the awning is going to look like, where exactly the fence is going to be located, or confirmation that there is going to be gates put on the dumpsters. So there is some missing information here. We need to know about the repair of the parking lot, details on landscaping and the cleaning up of the landscaping, and the removal of the dismantled, abandoned or unlicensed vehicles in the back of this property. That's something that hasn't been addressed. Maybe you want to ask the owner while he's here this evening what his intentions are in cleaning up that aspect of the site. We would like to have these issues addressed prior to an approving resolution. Mr. Morrow: Thank you for the input, Mr. Taormina. Al this point, I'm in favor of what the petitioner wants to do, but I want to make sure we have everything necessary so we can made an educated decision on it ultimately. So with that, I think we'd like to have the owner address what Mr. Taormina was referring to. Mr. Taormina: I want to pant out that the tabling for a couple weeks here at the Planning Commission level is a lot more cost effective and timely than it would be for him to go into committee at the Council level. 23423 Mr. Walsh: The point he is trying to make is, we appreciate everything that Hertz has done. Mr. Mauti, we appreciate that you came tonight. I promise you that should this be tabled, we will reschedule it as quickly as we have the information to us. It is a quicker process, as Mr. Taormina just indicated, than going to the Council and then being sent to committee to review this. We can't promise you that the Council will or will not go to committee, but we think if you do the homework now, @ will be a little more expedited process. Mr. Alanskas: I'd also like to add that when this is tabled, I would like you to come back before us with a complete rendering on how this building is going to look when its done. Because the one you have now on Plymouth Road is a very good looking building and I would hope that if this does go through for you to move, that this building would look just as good or better than what you have now. Thank you. Ms. Smiley: Mr. Maut, do those vehcles belong to you? Mr. Mauli: They belong to the, I guess you can call him a tenant. He pays. They are his personal vehicles and they all have titles and they are all registered. Alex Bishop I understand went through there and looked through a fence and just assumed they were not deeded. So I called him. He went down yesterday to the city and he talked to John Dauffenbach, I can't say his name, and he brought everything with him. He showed him all the vehicles were his and they're just his personal property. He's got no signage. He's leasing the building for very, very ... its very cheap. Just for his own vehicles. He's not doing any business out of there right now. He said when he does, he's going to register with the city with a business license. But right now, all those vehicles are his and they're all registered. So that's a big miscommunication there. Mr. LaPine: On lop of the building where Hertz wants to move in, there are buckets up there laying on lop of the roof. Mr. Mauti: Wejusl redid the roof. They're all coming down. Mr. LaPine: You just redid the roof? Mr. Mauti: We just redid it. We just didn't want to walk on it so fresh. They're all coming down. Mr. LaPine: Okay. I just wondered what they were up there for. 23424 Mr. Wilshaw: To the owner of the properly, right now you have sort of a half - tenant, if you will, in that facility on the west leasing some space from you. What is your long term plan for those other two parcels of your building? Are you looking at having auto repair tenants? Mr. Mauli: It's been rezoned for heavy auto. Right now, I wish I could answer that. Mr. Wilshaw: Are you actively seeking tenants for that right now? Mr. Mauli: I was, but now they're in there. Mr. Wilshaw: So you're just basically waiting and seeing what's going to happen with the existing tenants that are there? Mr. Mauli: Yes. I divided the property next to me for KFC, trying to do what I can to split the property and make it feasible for Plymouth Road. I've spoken to John Nagy. I know they had that beautification project on Plymouth Road, and believe, me, I'm doing everything I can. I don't know what else to tell you. Mr. Alanskas: The alternator repair shop. How long is their lease with you there? Mr. Mauti: He has been there for about 13 years, and his lease is up, but he just wants to stay there for another 13. It looks like he's got a good business. All his business are deliveries. He gets, you know, maybe 5 percent he tells me off the street, but he's got two or three employees there and one of them is always on the road picking up alternators and delivering them to these garages. So he doesn't need any parking. His one or two cars are right there. Mr. Alanskas: But what I'm asking you, does he have a five year lease now, or a 10 year lease or what is his lease there now? Mr. Maub We have a five year with a five option. They expired and he will sign anything tomorrow. Mr. La Pine: You say he repairs alternators there? Is that what he does basically? Mr. Mauti: Alternators and starters. Mr. LaPine: He was working on cars when we were there the other day. Mr. Mauti: Not the building he's talking about. No. 23425 Mr. Morrow: There was a little one on the end. Mr. La Pine: On the west end, that's what I'm talking about. Mr. Morrow: Well, the one in the middle is where we were talking to those guys. Mr. La Pine: Yeah. Was that the one in the middle? Mr. Morrow: Yeah. Mr. La Pine: Okay. The one at the end looks like its all storage in there to me. I don't know. Mr. Mauti: That's what it is. Nobody even knows about R. He has little electric motors that make no noise. Mr. Walsh: Are there any additional questions? If there is a tabling resolution, I think this would be the opportune time to offer that. Mr. Alanskas: So moved for a dale to be determined. Mr. Morrow: Mr.Chairman, did wewanllo gotothe audience? Mr. Walsh: Thank you, Mr. Morrow. Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one, we haw a motion on the floor from Mr. Alanskas. On a motion by Alanskas, seconded by Smiley, and unanimously adopted, it was #07-77-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 25, 2006, on Petition 2006-06-02-16 submitted by the Hertz Corporation requesting waiver use approval to operate a car rental facility at 29070 Plymouth Road, located on the north side of Plymouth Road between Middlebell Road and Camden Avenue in the Southwest % of Section 25, the Planning Commission does hereby table Petition 2006-06-02-18 to allow more time for the preparation of revised plans that will address building and site maintenance issues. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. As soon as we have some plans in our hand, you can work with the staff directly. We will put you right on to our agenda to move forward. 23426 Mr. Hughes: Thank you very much. ITEM #7 PETITION 2006-06-03-02 COVENTRY VACATING Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 06-03-02, submitted by the City Planning Commission, pursuant to Council Resolution 276-06, and Section 12.08.015(A) of Livonia Code of Ordinances of the City of Livonia, as amended, to determine whether or not to vacate portions of the Coventry Drive right-of-way adjacent to Lots 132 through 142 (33992 Coventry, 33972 Coventry and 33950 Coventry) in the Coventry Gardens Subdivision, located on the north side of Five Mile Road between Coventry Drive and Stamford Road in the Southeast'''/ of Section 16. Mr. Taormina: This vacating request involves a triangular portion of public right -of way located at northeast corner of intersection of Five Mile and Coventry Drive within the Coventry Gardens Subdivision. For years, homeowners in this area have maintained sidewalks paralleling both Coventry Drive and Five Mile and also have been responsible for maintaining the landscaping in the area between the sidewalks. Accordingly, the Mayor has requested the Council to initiate action to vacate portion of Coventry Drive right-of-way adjacent to Lots 132 thru 142. Generally speaking, those are the lots that contain these three parcels: 33992 Coventry, 33972 Coventry and 33950 Coventry. Coventry right-of-way was originally called Fordson Highway and containing a width of 120 feel that was dedicated to the City in conjunction with the platting of Coventry Gardens Subdivision in 1925. Coventry intersects Five Mile Road at an acute angle and extends from Five Mile in a northwesterly direction. Also, the traveled portion of Coventry Drive actually is on the west side of the planted right-of-way area. The rigMof- wayto be vacated is triangular shaped area that lies east of the roadway. It consists of a landscaped area bordered on the north and south sides by sidewalks. Again, this triangular area borders the three properties as I indicated earlier. Each property contains a single family residence. The area proposed to be vacated has a dimension of approximately 265 feel abutting the single family lots. Because subject right-of-way was dedicated as a part of the plat, the reversionary rights of the street right-of- way, if vacated, would accrue to the owners of the adjacent platted properties. What I have shown here conceptually is what portions of the vacated right-of-way would revert to the abutting owners. For example, 33992 would obtain ownership 23427 to this portion of the vacated right-of-way, 33972 would obtain ownership to this portion and 33950 would obtain the smallest portion as it abuts that properly. Vacating the subject right-of- way would place this land back on the lax rolls and would allow for its utilization in conjunction with the adjoining properties. As you can also see, portions of the sidewalk abutting the subject properties along Coventry would no longer be public. The homeowners would likely choose to remove the sidewalks that would bisect the front of their properties. Therefore, a new public sidewalk should be constructed along the east side of the new right -of way line on Coventry in order to conned the sidewalk along Five Mile with the existing sidewalk along Coventry. In addition, the Engineering Division does recommend retaining an easement for the City water main that is located within the area proposed to be vacated. Mr. Walsh: Is there any correspondence? Mr. Nowak: There is one item of correspondence from the Engineering Division, dated July 10, 2006, which reads as follows: `Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the legal description contained therein. We would recommend retaining an easement for the City water main that is located in the proposed vacation. We have no other objections." The letter is signed by James Zoumbaris, Superintendent of Public Service. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? Mr. LaPine: I have one question. Mark, on lot in the middle, is that a driveway where it looks like there is grass? Is that a driveway? Mr. Taormina: This is actually just off the approach within what is currently the Coventry Drive right-of-way. There is a turnaround area. It allows vehicles to back up and then safety tum onto Five Mile Road without baclang out onto Five Mile. So it's basically a turnaround. The balance of area is all landscaped area. Mr. LaPine: But that turnaround will no longer belong to the city. I twill belong to that property owner. Am I right? Mr. Taormina: Yes. If vacated, this turnaround area would then be located on private property attached to 33972 Coventry. 23428 Mr. La Pine: So no one could use that as a turnaround any longer? Mr. Taormina: Yes. It's not really intended to serve as public turnaround. It's really only intended currently to serve this residential structure, but it is located within right -0f -way. Mr. LaPine: Okay. Thank you. Mr. Walsh: We have some individuals in the audience. Does anyone wish to speak for or against this item? Good evering. James Fedrigo, 33972 Coventry, Livonia, Michigan 48154. Good evening. My home is directly in the center. I am the lot that does have the extended concrete area on the bottom. Basically, I think it came about parking in that area was not in the ordinance, not allowed to park in that area. Twenty or 30 years ago when they moved the street, before then, when they designed it, I could park another vehicle on the street. With the moving of the road, that would not permit me to do that so that left me with just a driveway. So 20 years ago, the people that lived there had put in that section. It doesn't go all the way through. It is, as you staled, just to back up and turn around. One thing that I do like, I have three kids, being right on the main mad, I like to park a vehicle down there so that my kids can come down to the first sidewalk and then travel their bikes along that first sidewalk. There was some mention of removing or that sidewalk would become private property. We have no intentions or changing or doing anything with the existing. Mr. Walsh: Thank you. And there is somebody behind you. Good evening. Waller Miloaj, 33992 Coventry, Livonia, Michigan 48154. I have no problem whatsoever with you guys abandoning the land. I do take care of it and water it and cul the grass. I'm just curious about taxes. Like my taxes go up because you're giving me some land? Mr. Walsh: It will in fact, but I don't know what the dollar amount will be. Mr. Miloaj: Because the way I see it, I don't really need. And you're not going to do nothing with it. You see my point. Mr. Walsh: Understood, but it won't change the laws. That's beyond our purview. Mr. Miloaj: Right, but you do see my point? Mr. Walsh: Absolutely. We understand. 23429 Mr. Mitoaj: We really don't need this land. I just got it to make it look nice for the neighborhood, and I can't just see you giving me a piece of land and then my taxes go up? Mr. Walsh: Your taxes will go, and whether it has an impact on the sale of Mr. Miloaj: your property and increases your sales prices or not someday when you sell it, is anybody's guess. Mr. Miloaj: I can sell it with or without it, correct? I mean it sold without it. I think I have a very good black and while point here. Mr. Walsh: Well, sir, if we approve this and you are assessed ... Mark, what is the process? If we approve this, does the property Mr. Walsh: owner automatically ... do we automatically assign the property to the property owner or do they have the right to reject the Mr. Miloaj: vacated property.? Mr. Taormina: I'm going to pass on that question. Obviously the Planning Commission is not the final approving authority in this matter. It would require an ordinance that would have to be adopted by the City Council, so this gentleman still has the opportunity to present his arguments before the Council and maybe gel the answers to some of your questions regarding if he's obligated the lake ownership or for that property to revert and attached to his or not. I really can't answer that. Mr. Walsh: I think what we'll do tonight, we'll gel this into the record - your concerns. When it goes to the Council, they will have the City Attorney present and you can address that in a manner we are unable to. Mr. Miloaj: If its a few dollars or something, I can understand that, but also, your survey and your records show that I own - there was a mistake and I actually own 20 or 2 feel this side of the sidewalk. I built an addition on my back and they had to re -survey. He came out and measured himself. He's saying I own 25 feel of the sidewalk already. Mr. Walsh: Again, we're not going to be able to determine that, but we will put that into the record. It clearly will be in our minutes. Mr. Miloaj: Yeah, because he went out there and measured it. Mr. Walsh: I'll contact the City Attorney and ask if he can work with the Assessors Office so when it gels to the Council, they will be prepared to discuss that item. 23430 Mr. Miloaj: Other than that, I really don't have no problems with it. That's about d. Mr. Walsh: Okay. Thank you. If there is no further discussion, then a motion would be in order. On a motion by La Pine, seconded by Morrow, and unanimously adopted, it was #07-78-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 25, 2006, on Petition 2006-06-03-02, submitted by the City Planning Commission, pursuant to Council Resolution 276-06, and Section 12.08.015(A) of Livonia Code of Ordinances of the City of Livonia, as amended, to determine whether or not to vacate portions of the Coventry Drive right -0f -way adjacent to Lots 132 through 142 (33992 Coventry, 33972 Coventry and 33950 Coventry) in the Coventry Gardens Subdivision, located on the north side of Five Mile Road between Coventry Drive and Stamford Road in the Southeast % of Section 16, the Planning Commission does hereby recommend to the City Council that Petition 2006-06-03-02 be approved, subject to the retention of an easement for existing public utilities as recommended by the Engineering Division, for the following reasons: 1. That the subject right -0f -way is not needed for public access purposes; 2. That the subject right-of-way can be more advantageously used in private ownership; 3. That vacating of the subject right-of-way will place the property back on the City's tax rolls; and 4. That no reporting City department or public utility has objected to the proposed vacating. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances, as amended. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. I did fail to note, Madam Secretary, that Mr. Shane did have to leave, so from this point forward, he would just be considered absent. 23431 ITEM #8 PETITION 2006-05-06-02 DAY CARE PLAY AREAS Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 05-06-02 submitted by the City Planning Commission, pursuant to Council Resolution #252-06, and Section 23.01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to amend Section 8.07(a) of Article VIII, Section 9.030) of Artide IX, Section 10.03(d) of Article X, and Section 11.02(i) of Article XI of Zoning Ordinance #543, as amended, in order to reduce the minimum outdoor play area requirement for child day care nurseries. Mr. Taormina: Council Resolution #252-06 referred the subject of a possible ordinance amendment pertaining to outdoor play areas at child care facilities to the Planning Commission for a report and recommendation. The current requirement, based on a ratio of 150 square feet of outdoor play area per child, with a minimum of 5,000 square feet, is considered excessive. This request to have the Planning Commission consider amending the Zoning Ordinance in large part stems from the Council's recent review and approval of a site plan involving the development of The Learning Experience, a day care nursery on property located at the Northeast corner of Victor Parkway and Bethany Road. The Learning Experience will be licensed to accommodate a total of 180 children and, as such, would be required to maintain 27,000 square feet of outdoor play area. However, the plan as it was approved provides for fenced -in outdoor play area totaling 5,000 square feet. According to the owners and operators of the facility, which have been involved in the development of hundreds of commercial child care centers across the country, 5,000 square feet is an appropriate amount considering the need for security, safety, and the fact that only one or two classes use the outdoor play space at the same time, which is far fewer than the total number of children licensed at the facility. Another consideration is the fad that the City's waiver use requirement is far more restrictive than that of the Stale, which requires a minimum of only 1,200 square feel. Based upon a random survey of communities from across Michigan, a large percentage of them do not contain any special provisions regarding the amount of outdoor play area. Thus, they rely upon the stale to govern this aspect of the use. For these reasons, in our opinion, the ordinance should be amended by eliminating the requirement for 150 square feet of outdoor play area per child, and simply the reduce the minimum amount of outdoor play area to 5,000 square feet. Mr. Walsh: Are there any questions for the staff? That was a good explanation and there are no remaining members of the 23432 audience here to speak. A motion would be in order. Mr. Wilshaw? Mr. Wilshaw: It seems like 5,000 square feet is four limes the State requirement and is reasonable. For that reason, I will make an approving resolution. On a motion by Wilshaw, seconded by LaPine, and unanimously adopted, it was #07-79-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 25, 2006, on Petition 2006-05-06-02 submitted by the City Planning Commission, pursuant to Council Resolution #252-06, and Section 23.01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to amend Section 8.07(a) of Article VIII, Section 9.030) of Article IX, Section 10.03(d) of Article X, and Section 11.02(i) of Article XI of Zoning Ordinance #543, as amended, in order to reduce the minimum outdoor play area requirement for child day care nurseries, the Planning Commission does hereby recommend to the City Council that Petition 2006-05-06-02 be approved subject to the following conditions: 1. That the proposed language amendments will provide adequate standards and requirements for outdoor play area for child day care facilities; 2. That the proposed language amendment will maintain appropriate and proper regulation and control over the location and nature of the subject use; and 3. That the proposed language amendment is consistent with the intent and purpose of the Zoning Ordinance, which, among other things, is to protect the health, safety and welfare of its citizens. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Walsh: Is there any discussion? Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. 23433 ITEM#9 PETITION 2006-06-06-03 MICHIGAN ZONING ACT Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 06-06-03 submitted by the City Planning Commission, pursuant to Council Resolution #323-06, and Section 23.01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to amend Section 12.03 of Article XII, Section 19.05 of Article XIX, Section 21.09 of Article XXI, and Section 23.06 of Arfide XXIII, in order to comply with recent changes made to the public notification requirements of the Michigan Zoning Enabling Act (PA 110 of 2006); and to amend Sections 4.02 and 4.11 of Article IV and Section 5.14 of Article V, in order to treat group day care homes as conditional uses pursuant to changes necessitated by the Michigan Zoning Enable Act. Mr. Taormina: Public Act 110 of 2006, which become effective on July 1, 2006, repealed three zoning enabling acts — one for Counties, one for Townships and one for Cities and Villages — and established a single new Michigan Zoning Enabling Act. The three previous statutes were written at different times and, while they had the same general purpose and thus contained similar provisions of law, they contained different language. Therefore, the main purpose for combining the statutes was to consolidate the various provisions into a single requirement that would be applicable to all jurisdictions. This is particularly true in the case of public notice requirements, which, under the new law, have been consolidated into a single common set of requirements. In the case of Livonia, the new statute does require a number of changes to the Zoning Ordinance. Changes include amendments to Sections 12.03, 19.05, 21.09 and 23.06 to bring the notice requirements in line with the Act's provisions, and changes to Sections 4.02, 4.11 and 5.14 in order to treat group day care homes as conditional uses, rather than uses which are prohibited unless a variance is granted by the Zoning Board of Appeals. The new Zoning Act provides that notice shall be sent by mail or personal delivery to all persons to whom real property is assessed within 300 feel of the property and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction, and that notice needs to be sent not less than 15 days before the dale the application will be considered for approval. Now this standard will apply to all zoning matters, rezonings, special land requirements or waiver petitions, and vacating petitions. So we're going to use a single standard now for all types of petitions that are filed before the Planning Commission. Also in line with the new Enabling Act's provisions, 23434 group day care homes will be treated as conditional uses rather than uses which are prohibited unless a variance is granted by the Zoning Board of Appeals. Section 4.05 which applies to the R-1 through R-5 District Regulations and Section 5.14 which applies to the RUF District Regulations, will be amended to provide for group day care homes as uses requiring a conditional use permit from the Zoning Board of Appeals. So it's really just a change in the semantics. The Zoning Board of Appeals will still be the body that reviews petitions involving group care homes, but instead of it being considered a variance, it will be referred to as a conditional use. Mr. Walsh: Are there any questions for the staff? Mr. La Pine: I notice when I read this letter from the Department of Law, if I approve this, does that mean I'm agreeing to this: that one regular member of the ZBA be a member of the Planning Commission? Does that have anything to do with this? Mr. Taormina: No, not this aspect. Mr. La Pine: Because it's in the letter, and I don't want to be voting on that. Mr. Taormina: That is not being acted on this evening. That's a completely separate issue and we're going to be addressing that in the future. Mr. LaPine: Okay. Mr. Walsh: A motion is in order. On a motion by Smiley, seconded by Alanskas, and unanimously adopted, 0 was #07-80-2006 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 25, 2006, on Petition 2006-06-06-03 submitted by the City Planning Commission, pursuant to Council Resolution #323-06, and Section 23.01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to amend Section 12.03 of Article XII, Section 19.05 of Article XIX, Section 21.09 of Article XXI, and Section 23.06 of Artide XXIII, in order to comply with recent changes made to the public notification requirements of the Michigan Zoning Enabling Act (PA 110 of 2006); and to amend Sections 4.02 and 4.11 of Article IV and Section 5.14 of Article V, in order to treat group day care homes as conditional uses pursuant to changes necessitated by the Michigan Zoning Enable Act, the Planning Commission does hereby recommend 23435 to the City Council that Petition 2006-06-06-03 be approved for the following reasons: 1. That the proposed language amendments will bring the Zoning Ordinance into compliance with the public notification requirements of the Michigan Zoning Enabling Act (PA 110 of 2006); and 2. That the proposed language amendments will provide for group day care homes as uses requiring a conditional use permit from the Zoning Board of Appeals in accordance with the provisions of the Michigan Zoning Enabling Act. Mr. Walsh, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#10 APPROVAL OF MINUTES 927'" Public Hearings and Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 927"' Public Hearings and Regular Meeting held on June 13, 2006. On a motion by LaPine, seconded by Wilshaw, and unanimously adopted, it was #07$1-2006 RESOLVED, that the Minutes of 927" Public Hearings and Regular Meeting held by the Planning Commission on June 13, 2006, are hereby approved. A roll call vole on the foregoing resolution resulted in the following: AYES: LaPine, Wilshaw, Alanskas, Morrow, Smiley, Walsh NAYS: None ABSENT: Shane ABSTAIN: None Mr. Walsh, Chairman, declared the motion is carded and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 929" Public Hearings and Regular Meeting held on July 25, 2006, was adjourned at 9:45 p.m. CITY PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: John Walsh, Chairman 23436