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HomeMy WebLinkAboutPLANNING MINUTES 2009-02-24MINUTES OF THE 977TH PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 24, 2009, the City Planning Commission of the City of Livonia held its 9774" Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Lee Morrow, Chairman, called the meeting to order at 7:00 p.m. Members present: Deborah McDermott R. Lee Morrow Lynda Scheel Ashley Vartoogian Carol A. Smiley Ian Wilshaw Members absent: None Messrs. Mark Taormina, Planning Director; At Nowak, Planner IV; and Ms. Marge Watson, Program Supervisor; were also present Chairman Morrow 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 pefifion. 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 oflhe proceedings tonight. ITEM #1 PETITION 2009-01-02-01 ALLSTATE BILLIARDS Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2009-01- 02-01 submitted by Allstate Billiards & Patio Furniture requesting waiver use approval for an outdoor display area at 30650 Plymouth Road, located on the north side of Plymouth Road between Merriman Road and Sears Drive in the Southwest 1/4 of Section 26. February 24, 2009 25142 Mr. Taormina presented a map showing the property under pefifion plus the exisfing zoning ofthe surrounding area. Mr. Morrow: Are there any questions for Mr. Taormina? Mr. Nowak, is there any correspondence? Mr. Nowak: There are five items of correspondence. The first item is from the Engineering Division, dated February 4, 2009, which reads as follows: 7n accordance with your request, the Engineering Division has reviewed the above -referenced petition. The legal description submitted is correct. We have no issues with the proposal at this time. This building houses two addresses: 30650 and 30660 Plymouth Road. Allstate uses 30650 Plymouth Road as their business address" The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 29, 2009, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for a waiver use approval for an outdoor display area on the property located at the above -referenced address. We have no objections to this proposal." The letter is signed by Earl Fesler, Senior Fire Inspector. The third letter is from the Division of Police, dated January 30, 2009, which reads as follows: "We have reviewed the plans in connection with Allstate Billiards, located at 30660 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 February 13, 2009, which reads as follows: "Pursuant to your request of January 26, 2009, the above -referenced petition has been reviewed. The following is noted. There are two exterior doors located in the warehouse portion of the building that will exit out onto the proposed display area. If these doors are used or required to be used as emergency exits, then an unobstructed and safe path away from the building must be provided. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. The fifth letter is from Plymouth Road Development Authority, dated February 20, 2009, which reads as follows: "At the 206`" Regular Meeting of the Plymouth Road Development Authority of the City of Livonia held on February 19, 2009, the following resolution was unanimously adopted. #2009-05 Resolved, that the Plymouth Road Development Authority does hereby support the proposed plans as presented by Allstate Billiards & Patio Furniture for an outdoor display area at 30650 Plymouth Road, located on the north side of Plymouth Road between Merriman Road and Sears Drive (Petition 2009-01-02-01), subject to compliance with all City codes and ordinances, as such may be modified by February 24, 2009 25143 the action of the Planning Commission and/or City Council." The letter is signed by John J. Nagy, Executive Director. That is the extent of the correspondence. Mr. Morrow: Thank you, Mr. Nowak. Is the petitioner here? If you will come forward please and give us your name and address for the record. Is there anything you'd like to add? Roger Greene, General Manager, Allstate Billiards & Patio Furniture, 1605 S. Telegraph, Bloomfield Hills, Michigan 48302. Well, they did such a good job, there's very little. The only things I would like to add is the Plymouth Road Development Authority suggested we continue the shrubs. On the drawings that were submitted today, I have amended it to include shrubs along the fence line, which I actually will be able to gel from the existing courtyard. There's extra shrubs in there, so I'm just going to transplant them and move them up in front of that fence. They pointed out that we should probably make the fence coordinate with the existing fencing out on Plymouth Road, which we would be happy to do. It's a perfect suggestion. I think it would tie everything together nicely. Other than that, the drawing that was submitted today does have the second emergency door on it. There will be ample room for people to get out of the warehouse from those emergency exits. Other than that, I'm open to questions. Mr. Morrow: Okay. Thank you. Are there any questions for the petitioner? Ms. Scheel: Thank you. I had a question regarding the pools. You're showing a26 fool by 15 foot pool. How deep are those pools? Mr. Greene: The pools are 52 inches deep from the top cap to the ground. Ms. Scheel: Okay. The doorways ... you have the two marked on the same side that are emergency exits. Does that mean they will be closed and the only way you open them .... Mr. Greene: You can only open them from the inside the warehouse. There are not even handles in the courtyard. Ms. Scheel: Okay. The doorway that's on this side, is that an in and out that people from the showroom can go into that? Mr. Greene: Correct. Yes. Ms. Scheel: Okay. And you can also enter from the outside loo? February 24, 2009 25144 Mr. Greene: We will most likely have those gates shut at all limes. You wouldn't be able to enter from the parking lot. You'd only be able to enter through the showroom. Ms. Scheel: Okay. Will there always be somebody in that area, being that there's pools, just to man the area? Mr. Greene: Yes. Whenever a customer comes in the store, its required that my salesmen lake that customer through the store. Nobody gels to walk around free. Ms. Scheel: There won't be children running around that could be in there without supervision? Mr. Greene: No. And there will be no easy way for them to gel into the pools either because there's a ladder that's required to get into the pool, and the ladder has a locked up position. So unless we're demonstrating the ladder and it's down with the customer, the ladder will be locked and up. Ms. Scheel: Okay. Thank you. That's it for now, Mr. Chair. Mr. Wilshaw: Mr. Greene, the emergency exits from the warehouse into this courtyard area, how will people get from that courtyard out to the parking lot in the event of an actual emergency if that gale is locked? Mr. Greene: I think our proposal is to have the gate be able to open from the inside in an emergency, but not to be able to open from the outside. Mr. Wilshaw: Okay. So you'll have some sort of a fire gale or some way to open it? Mr. Greene: Exactly. Mr. Wilshaw: Okay. Excellent. My next question is, will the display change periodically or is the rendering that we have here a static display? Mr. Greene: Relatively static. Even if the pools are changes as the manufacturers change styles and the sides of the pool, the footprint would remain the same. So if in between a season we took a pool down to replace it with a new design, the footprint would be the same. February 24, 2009 25145 Mr. Wilshaw: Okay. The question was already answered. These pools are No, sir. going to be fully operational pools with water and filters and Mr. everything, right? Mr. Greene: Yes. Mr. Wilshaw: And you're going to maintain those as a typical homeowner would on a regular basis, right? Mr. Greene: Yeah, for sure. Otherwise we won't be able to sell them very well. Mr. Wilshaw: Now what's going to happen with this space during the off limes, say the wintertime, when you don't have a display? Mr. Greene: The patio furniture will probably come back into the warehouse. The pools will be covered just like any homeowners would shut their pool down for the winter. Mr. Wilshaw: Okay. Very good. Thank you. Mr. Morrow: Are there any other questions from the Commission? Ms. Vartoogian: As Mark pointed out, our ordinance will permit under certain circumstances outdoor display from April to October, and you're requesting to begin that in March. For what reason are you requesting that additional month? Mr. Greene: Well, quite honestly, as we look outside today, no good reason whatsoever. But, the extra month through October, it really is weather permitting. There is a very good likelihood we might not need that extra time, but if the weather breaks and I can gel people outside to look at patio furniture and look at pools or the weather stays nice through October, I'd like to have the option to have that extra time to use that retail space. Ms. Vartoogian: Okay. Thank you. Mr. Morrow: Seeing no more questions from the Commission, could you step down just a moment, sir? I'm going to pool the audience. If there is anybody in the audience that wishes to speak for or against this petition, if you would please come forward to one of the two podiums? I see no movement. Mr. Greene, is there anything else you want to add? Mr. Greene: No, sir. Mr. Morrow: Are there any further questions? Then I'll ask for a motion. February 24, 2009 25146 On a motion by McDermott, seconded by Wilshaw, and unanimously adopted, it was #02-18-2009 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 24, 2009, on Petition 2009-01-02-01 submitted by Allstate Billiards & Patio Furniture requesting waiver use approval for an outdoor display area at 30650 Plymouth Road, located on the north side of Plymouth Road between Merriman Road and Sears Drive in the Southwest 1/4 of Section 26, which properly is split zoned C-2 and M-1, the Planning Commission does hereby recommend to the City Council that Petition 2009-01-02-01 be approved subject to the following conditions: 1. That the outdoor display of merchandise shall be confined to the area designated for that purpose and conducted in accordance with the layout as shown on the Outdoor Lifestyle Center Plan submitted by Allstate Billiards & Patio Outlet, dated February 24, 2009; 2. That the outdoor display of merchandise shall be conducted in an orderly manner and all landscape features and materials installed in the outdoor display area shall be properly maintained; 3. That a fence of a type approved by the Inspection Department, with a gate fitted with a release mechanism for emergency egress, shall be installed along the south boundary outdoor display area (at the open end not bordered by building walls); 4. That the outdoor display of merchandise shall be limited to pools, outdoor furniture and other patio and lawn equipment and supplies; 5. That this approval shall incorporate the stipulation contained in the correspondence dated February 13, 2009, from the Inspection Department; 6. That the outdoor display of merchandise shall be permitted within the time period from March 1 through October 31, provided that an extension of the time period as specified in Section 11.03(L)(1) of the Zoning Ordinance is granted by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; and February 24, 2009 25147 7. That the plan referenced in this approving resolution shall be submitted to be Inspection Department at the time of application forlhe Zoning Compliance Permit. 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. Morrow: Is there any discussion? Ms. McDermott: Condition 3, that one we might have to amend because didn't he say it was just for outward. Ms. Scheel: Forgoing out, yes. Ms. McDermott: Okay. I'd also like to add, I believe we need to change the date to February 24, 2009, on the layout that was submitted today. Mr. Taormina: That would amend Condition #1. Ms. McDermott: Right. Mr. Morrow: Is there any further discussion? Ms. Scheel: I have a question. Mark, number 3, was that Debbie questioned the gate at the south entrance. Mr. Wilshaw had mentioned before if it's going to be just an emergency exit, that it needs to have some sort of a ... if its not to go in and out, that it has to have a special emergency exit to be able to go out of if it's a locked gate. Does that need to be in the motion? Mr. Taormina: What we would want to add is the requirement for a self-closing gate, and I'll let the Inspection Department determine what proper hardware is needed in order to achieve that, but it would have to be self-closing or self -latching because of the pool area. February 24, 2009 25148 Ms. Scheel: Okay. Mr. Morrow: Also, would the maker of the motion entertain adding the fad that the petitioner has committed that he will be putting in a fence and gate to match the Plymouth Road Development Authority fencing as well as augment the shrubbery along that fence? Ms. McDermott: Right. That's acceptable to me. I believe the shrubbery is included in the layout that we have here, but the gate, that's fine. Mr. Morrow: It is on the drawing? Mr. Greene: It is on the drawing. Mr. Morrow: It is on the drawing? Okay. Thank you. Seeing no further questions or comments, please call the roll. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#2 PETlTION2009-01-02-02 VERIZON WIRELESS Ms. Smiley, Secretary, announced the next on the agenda, Petition 2009-01-02- 02 submitted by Verizon Wireless 1084 requesting waiver use approval to install a wireless communications antenna for shared usage, and its accompanying equipment shelter, at 15125 Farmington Road, located on the west side of Farmington Road between Lyndon Avenue and Five Mile Road in the Northeast 114 of Section 21. Mr. Taormina presented a map showing the property under pefifion plus the existing zoning of the surrounding area. Mr. Morrow: Thank you. Are there any questions for Mr. Taormina? Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated February 2, 2009, which leads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced petition. The legal description submitted is inconect, the point of beginning for the 20' wide easement starts in Farmington Road's R.O.W and February 24, 2009 25149 should start on the property line. The address according to our records is 15123 Farmington Rd, not 15125 as indicated on the Geotechnical report included in the information." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 28, 2009, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to install a wireless communications antenna for shared usage, and its accompanying equipment shelter on the property located at the above referenced address. We have no objections to this proposal." The letter is signed by Donald F. Donnelley, Fire Marshal. The third letter is from the Division of Police, dated January 30, 2009, which reads as follows: "We have reviewed the plans in connection with Verizon Wireless Cell Tower, located at 15125 Farmington. 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 February 10, 2009, which reads as follows: "Pursuant to your request of January 26, 2009, the above -referenced petition has been reviewed. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Morrow: Thank you. Is the petitioner here this evening? Rob LaBelle, 32543 Cambome, Livonia. I'm actually just simply going to go over a couple items. Mr. Taormina has done a very good job of describing what we're actually intending to do here. I'll just lake questions. A couple of things. I noted the one thing that was mentioned, just because I'm remembering it now, I'm going to go over this quickly before I forget about it. They mentioned about the legal description starling from the right -0f -way inside the street. Actually, legal descriptions in Michigan lend to start in the street. Because one half of a road is adjacent to a piece of property, it is deemed under Michigan law to be part of the actual property. So you actually start in the right-of-way, but the physical structure in terms of the road will start from the edge of the properly line and not in the road. What you see here in terms of the picture is actually photo -shopped, showing you what it would look like from the space that it's located at. The ability intending here is to deal with capacity issues that we have at this site. As you are probably aware, there are several generations, if you will, of how cellular communication is worked. Basically, you start with voice, you've gone to your basic data, and now we're on to really sophisticated data onto the point of being able to use things that will be able to gel a communication with your email, that can send and receive February 24, 2009 25150 information almost like a fax or an actual computer. It's amazing what they can do, but in order to be able to do these things, they need more communication status. So as a result, we are looking to place this here so that we can in fact provide for our customers what we advertise that we can do. In this particular case, it's with the Livonia Public School District. It was noted that this pole is capable of handling two addifional collocalors, but this individual lease property is not. That was actually intentional. We had agreed with the Livonia Public School District to provide additional revenue to them by sharing the collocation revenue from other carriers as they went on the pole. There is essentially two ways to do that. One is just give a percentage of whatever we gel from the other party, and another is to shorten up the size of our area that we're leasing so that the next collocator has to go to the Livonia Public School District in order to be able to gel additional land. The latter method was chosen because it actually results in more revenue for the Livonia Public School District than to do just a straight percentage. As a general matter, they in fact gel a lot more revenue than way. So it was chosen to do it that way as was noted in the presentation; however, the Livonia Public School District is prepared, in fact as a financial incentive, to make sure there is additional space provided to those other new collocalors as they come on board. They'll lease the space on the pole from us, but they'll lease the land from the Livonia Public School District. Other than that, that is basically our proposal, and I'll lake any questions you may have. Mr. Morrow: Are there any questions? I see none. If you will wait a minute, we will see if there is anybody in the audience that wishes to speak for or against this petition. Did you have a question, Mark? Mr. Taormina: Its not a question so much as it is to just continue with what Mr. LaBelle was saying relative to the lease area. We have provided a condition in the prepared resolution that addresses that. What it would do is recognize a ground lease area with overall dimensions of 50 feel by 80 feet that could accommodate ground equipment for two other carriers without them having to come back to the Planning Commission and City Council for approval. So we provided that flexibility in the resolution. Mr. Morrow: So if two other users come forward, you would negotiate with the school district, but you will not be required to come back to the City. Mr. LaBelle: That's fine, obviously, with us. February 24, 2009 25151 Mr. Morrow: So if you will just hold it, I will see if there's anyone in the audience wishing to come forward to speak for or against the granting of this petition. Seeing no movement, if there are no further questions ... Ms. Smiley: One quick question. Mark, the pole at the Livonia Police Department, is that just for police radios? Mr. Taormina: No, there are several private communication companies that lease space on that structure. Ms. Smiley: But it's full? Mr. Taormina: It is very full. Ms. Smiley: Thank you. Mr. Taormina: What space is available is being reserved by the police department for their future communication needs, which is only a small amount. Ms. Smiley: Okay. Thank you. Mr. Morrow: I will request a motion. On a motion by Smiley, seconded by Scheel, and unanimously adopted, it was #02-19-2009 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 24, 2009, on Petition 2009-01-02-02 submitted by Verizon Wireless 1084 requesting waiver use approval to install a wireless communications antenna for shared usage, and its accompanying equipment shelter, at 15125 Farmington Road, located on the west side of Farmington Road between Lyndon Avenue and Five Mile Road in the Northeast 1/4 of Section 21, which property is zoned PL, the Planning Commission does hereby recommend to the City Council that Petition 2009-01-02- 02 be approved subject to the following conditions: 1. That the Site Plan and Pole & Sheller Elevation Plan marked Sheet 1 of Job No. 94044-1084 prepared by Midwestern Consulting, dated January 7, 2009, as revised, is hereby approved and shall be adhered to, except as may be modified under the provisions of Condition #4; 2. That the total overall height of the monopole together with the antenna platform althe top shall not exceed 125 feel; February 24, 2009 25152 3. That this monopole antenna support structure shall be designed so as to accommodate a total of at least three (3) users; 4. That the lease area may be expanded in the future to accommodate the ground equipment for a total of three (3) users at this location; provided, however, that the overall dimensions of the lease area shall not exceed 50' x 80' without having been reviewed by the Planning Commission and approved by the City Council; 5. That barbed wire shall not be installed on new fence sections bordering the east and south boundaries of the lease area (current or as may be expanded); and 6. That the specific plan 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 special and general waiver use standards and requirements as set forth in Sections 18.42A and 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. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. February 24, 2009 25153 ITEM#3 PETITION 2009-01-02-03 BUDDY'S PIZZA Ms. Smiley, Secretary, announced the next on the agenda, Petition 2009-01-02- 03 submitted by Buddy's Pizza requesting waiver use approval for an outdoor dining patio (seasonal seating) at the existing full service restaurant at 33605 Plymouth Road, located on the south side of Plymouth Road between Farmington Road and Stark Road in the Northeast 114 of Section 33. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Morrow: Thank you. Are there any questions for Mr. Taormina? Mr. Nowak, is there any correspondence? Mr. Nowak: There are five items of correspondence. The first item is from the Engineering Division, dated February 9, 2009, which reads as follows: 'The Engineering Division has completed its review of the legal description for the above -referenced site. We are hereby confirming that the address for this site is 33605 Plymouth Road. As regards the legal description, there are discrepancies between the written legal description and the drawn parcel boundaries. 1 believe the 400.0 foot dimension on the west property line should be 427.00 feet as indicated in the written description. Also, the 173.0 foot dimension on the east Parcel line should be shown as 283.0 feet to agree with the writen description. Both those changes will make the parcel description correct as far as closure. In addition, there are several notations in the written description that indicates approximation (i ) that should be removed. In addition, in the third and fourth lines of the written description the term 'along said West line' is found. In both instances, this should be changed to say 'along said East line'." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated February 6, 2009, which reads as follows: 'This office has reviewed the site plan submitted in connection with a request for a waiver use approval for outdoor dining patio (seasonal seating) on property located at the above -referenced address. We have no objections to this proposal with the following stipulations: (1) The exit path of travel may be impeded by the exit door from dining mom #1. (2) The two dual French doors must not be marked as exit doors. If so marked, the patio must have two ways for emergency egress." The letter is signed by Daniel Lee, Fire Inspector. The third letter is from the Division of Police, dated February 4, 2009, which reads as follows: We February 24, 2009 25154 have reviewed the plans in connection evth Buddy's Pizza outdoor dining patio located at 33605 Plymouth. 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 February 13, 2009, which reads as follows: "Pursuant to your request of January 27, 2009, the above -referenced petition has been reviewed. The following is noted. (1) The exit door that provides egress to the exterior from existing dining mom #1 wid encroach upon the required egress pathway from the new dining area as proposed. This will be addressed in further detail at time of plan review if this project moves forward. (2) The petitioner shows the proposed patio with a front yard setback of 39 feet where 60 feet is required. A variance from the Zoning Board of Appeals would be required to maintain the proposed deficiency. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. The Iasi letter is from the Plymouth Road Development Authority, dated February 20, 2009, which reads as follows: "At the 206x" Regular Meeting of the Plymouth Road Development Authority of the City of Livonia held on February 19, 2009, the following resolution was unanimously adopted. #2009-06 Resolved, that the Plymouth Road Development Authority does hereby support the proposed plans as presented by Buddy's Pizza for an outdoor dining patio at 33605 Plymouth Road, located on the south side of Rymouth Road between Farmington Road and Stark Road, subject to compliance with all City codes and ordinances and the Plymouth Road Development streetscape goals and objectives, as such may be modified by the action of the Planning Commission and/or City Council." The letter is signed by John J. Nagy, Executive Director. That is the extent of the conespondence. Mr. Morrow: Thank you. Is the petitioner here? Richard Zischke, Architect, 18690 Levan, Livonia, Michigan 48152. Good evening. I'm the architect for Buddy's Pizza. Accompanying me tonight is Wesley Pikula, who is the Vice President of Operations from Buddy's Pizza. Thank you for the presentation, and I think it was very accurate of the comments that Al talked about. All those things are doable and we will work with the various departments to make sure all those corrections are taken care of. Our big emphasis here tonight is really on redeveloping the front of Buddy's Pizza along Farmington Road. Currently, what you can see in this photograph here, although it's not very obvious, is there's a big while line just below the building and above the green grass. It's a very large circular concrete driveway (hats been there since this building was February24, 2009 25155 originally built. It originally was designed so that Dad would drive Mom up and drop her off at the front of the restaurant and then go park the car. Well, that doesn't really happen anymore, and that drive around, really the only use it gets today are people trying to make U-tums on Plymouth Road. So it's a large chunk of concrete. It's really not doing the restaurant any good. So this patio really fills the bill in terms of gelling rid of that chunk of concrete. We want to take that whole space and redevelop it into a park -like setting. We have a little walkway that's going to meander through that area in front between the fence and the patio. People can park in one lot and walk through this area around to the entrance door on the other side. So we hope this will be an exciting addition to the Buddy's Pizza on Plymouth Road. With that, I'll answer any questions that you might have. Mr. Morrow: Okay. Thank you Ms. Smiley: Can you leave the patio? Is there an exit from the patio? Mr. Zischke: Yes, there is. In fad, here on the drawing, if we look at the drawing on the right, which is a blow-up of just the patio area, on the bottom there is kind of a Jshape structure. That area right there is an emergency exit that we're required to have and that leads over to an existing walkway. Now there was talk about that blocking a door. We will just simply enlarge that area in front of the door so as to negate any blocking of the exit. Ms. Smiley: You wouldn't be able to enter the patio to sit down and eat, just exit only. Mr. Zischke: No. Those are just exits only. The entrance, everyone really has to enter from the other side of the building, come through and then be sealed by the hostess to that outside area. Ms. Smiley: Okay. Thank you. Mr. Morrow: Anyone else? Ms. Varloogian: I was wondering, what months will you use the patio primarily? Is it just the wanner weather months or do you plan on having healers out there? Mr. Zischke: As of right now, just through the warm summer months, so its really just seasonal. I dont know if there's an issue if they tried to open up in early March, if it was decent weather and it had a healer. I dont know. Is there any problem with the Commission in terms of time? Is there any limitation on this? I know as the February 24, 2009 25156 first one here for the pool and patio, there was a limitation on the number of months that the seasonal use could operate. Is there anything like that in the ordinance as it relates to this restaurant? I really don't know so I'm just asking. Ms. Vartoogian: I don't know the answer to that question. Mark? Mr. Taormina: There are no time restrictions specified in the ordinance. Of course, you could set time restrictions or specify a range of dales. That's something completely within your authority, and what I think would be reasonable conditions in granting this proposal. Ms. Vartoogian: Okay. One last question. Has there been any discussion with your dient about at any time closing in the patio so that it can be used year around? Mr. Zischke: No, because that would really kick in a whole bunch of separate code problems. One, we would then have to figure the seating differently and the parking requirement would increase. So we only have about two or three or four extra cars. Planning wouldn't allow us to do that anyway. So, no, this simply really is an outdoor patio. We do have to go before the Zoning Board of Appeals for the variance because of the awning on the lop. As I understand it in the ordinance, if we were to eliminate the awning, we wouldn't have to go for the variance, in terms of it being a structure as opposed to a patio. But we really feel that the structure and the awning is really part of the environment and that people love to be in an outside environment but like to be covered as opposed to just an awning. And while I'm speaking of that, I wanted to make sure, it's not always obviously from the photograph, but this is a sample of the awning material. This matches a fabric awning that's already on the building. Ms. Vartoogian: I guess I do have one more quick question since you have that up. Do you plan on having any signage on that awning? Mr. Zischke: No. Ms. Vartoogian: Okay. Thank you. Mr. Wilshaw: You just look my question, Mr. Zischke. I was going to ask if the awnings were going to be identical to the ones that are currently there, and you've brought a piece to show us. I appreciate that. I take it that you're okay with the idea that we spoke about at our study meeting about changing the handicap space that is February 24, 2009 25157 currently on the plan in the front of the parking lot to be moved over closer to the entrance door? Mr. Zischke: Yes. That's not a problem whatsoever. That's kind of one of those little errant things that got left over from when things were changed over. You used to be able enter the building from the front at one time. And so we made sure we had a handicap spot, but now that is really not a handicap entrance anymore. We will fully comply with that. We will swap that out and move the handicap space to the back closer to the main entrance and then replace that with regular parking. Mr. Wilshaw: Okay. I appreciate that. Just loolting at the plan, it is an attractive design that you've provided as far as the plantings and walkway and benches and so on. I think its a nice addition. Thank you. Ms. Scheel: Can you tell me what the hours of Buddy's Pizza is right now and what the hours of the outside eating area will be? Mr. Zischke: They open at 11:00 a.m. in the morning and they close at 10:00 p.m. on weekdays and 11:00 p.m. on weekends. Ms. Scheel: Okay. Did you plan on having any outdoor speakers in the patio area? Mr. Zischke: There will probably be music, piped in music, yes, but it would be subdued. Ms. Scheel: Okay. Thank you. Ms. McDermott: I just wanted to mention that according to the correspondence here, it does say that there's a front yard setback deficiency that also needs to go in front of the Zoning Board of Appeals. Is that correct, Mark? Mr. Taormina: You know, I think that's because of the nature of the structure and the fact that there are footings and permanent attachment to the ground associated with this patio construction. So it's viewed as a structure under the definition of the ordinance. That's probably why the Inspection Department is indicating that is has to go to the Zoning Board of Appeals for a front yard setback variance. Ms. McDermott: Okay. Then I just wanted to ask, it is a very attractive design. I'm a bit concerned about how close it is really to Plymouth Road and the noise level. Are you not concerned about five February 24, 2009 25158 lanes of traffic and people sitting out there and not really being able to hear themselves speak? Mr. Zischke: Hopefully, a little bit of the landscaping, because we have a lot of trees and things, will help to soften that, but that is a concern but people that I think will be in this area really aren't going to be paying attention to the traffic. I don't really see that. I don't think the Buddy's organization themselves would have thought that was a problem, or if they thought it, we wouldn't have pursued R. Ms. McDermott: Okay. And then just to double check, we have the Plymouth Road Development Authority fencing that runs along next to the road, and then we're also having the fencing here for the patio area. How high is that fencing? Mr. Zischke: It's around four feel if I remember correctly. We are extending the Plymouth Road Development Authority fencing along Plymouth Road for another 25 feet, matching exactly what is there. And then at the patio itself, we're replicating portions of that with a mix of another fence and that will be three feet high. Ms. McDermott: Okay. Great. Mr. Zischke: Which is a minimum required as a guardrail because it is a raised area. Ms. McDermott Okay. My concern was really more, again, how dose it is to Plymouth Road and what kind of barriers do we have to protect in the event there would be an accident in that area. Mr. Zischke: We're over 30 feel from the properly line, and then from the properly line, there's another 11 to 15 feel to the road. So it's a fair distance back. Ms. McDermott Okay. All right. Thank you. Mr. Wilshaw: I think your client's restaurant has gone to a non-smoking arrangement. Is that going to continue on the patio as well? Mr. Zischke: Yes. Mr. Wilshaw: The only other comment I would have is that I'm surprised you guys didn't consider a bocce ball court out there to go along with your original location. Mr. Zischke: No comment. February24, 2009 25159 Mr. Morrow: Mr. Zischke, if you'll just wait a moment, I'll see if there's anyone in the audience who cares to speak for or againstthe granting of this petition. Good evening. Christopher Martin, 12275 Inkster, Livonia; 12420 Arcola, Livonia; 12420 Arcola, Livonia; 12319 Arcola; 12473 Cavell; 11037 Hubbard. Good evening. A few comments about this. I'm actually a regular at this particular restaurant and decided to come over here and make a few comments. Their winter hours are 9:00 p.m. So I won't be long because I want to make last call. Anyone that invests their money in Livonia in these times should be congratulated. As far as this restaurant, I'm there probably sitting at the bar about four times a week. I enjoy the place, enjoy the company of the waitresses and the people that show up, enjoy the fact that although I'm a cigar smoker myself, that it is non-smoking. Your concern as far as noise level out there, if people don't like the noise, they won't go there. It's pretty simple. I'm in favor of it. My only concern is that they have to go in front of the Zoning Board. I've gone to many of those meetings and for some reason, those individuals like to put their two cents in on everyone's plan, and it slows the process down. I'm kind of concerned about that, but I think its an improvement. There are many restaurants along Plymouth Road that are vacant and closed. This is a nice establishment. I think its something that you should approve and it will move on and hopefully I will be sitting out on that patio this summer. Thank you. Mr. Morrow: Thank you very much, and I'm sure Buddy's appreciates your confidence as well. Mr. Martin: Well, I didn't let anyone know I was going to show up here this evening, but I did this on my own. Mr. Morrow: Have a good evening. Mr. Martin: Thank you. Mr. Morrow: Mr. Zischke, is there any other comment you wish to make? Mr. Zischke: No. Mr. Morrow: Okay. Thank you. I'll ask for a motion. Mr. Wilshaw: I'd like to make an approving resolution. 1, loo, am not quite as regular of an attender as Mr. Martin, but I do like this restaurant. They are a gem in our community. I think it's a good plan. February 24, 2009 25160 On a motion by Wilshaw, seconded by Scheel, and unanimously adopted, it was #02-20-2009 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 24, 2009, on 2009-01-02-03 submitted by Buddy's Pizza requesting waiver use approval for an outdoor dining patio (seasonal sealing) at the existing full service restaurant at 33605 Plymouth Road, located on the south side of Plymouth Road between Farmington Road and Stark Road in the Northeast 1/4 of Section 33, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2009-01-02-03 be approved for the following reasons or subject to the following conditions: 1. That the Site Plan marked Sheet S1 prepared by R.A. Zischke Architect, dated January 21, 2009, as revised, is hereby approved and shall be adhered to; 2. That the Landscape Plan marked Sheet LS -1 prepared by R.A. Zischke Architect, dated January 21, 2009, as revised, is hereby approved and shall be adhered to, subject to the following stipulations; - That all disturbed lawn areas shall be sodded in lieu of hydroseeding; - That underground sprinklers shall be provided for all landscaped and sodded areas; - That all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 3. That the maximum number of customer seats shall not exceed a total of 198 seals, including 150 interior seats and 48 outdoor patio seals; 4. That the seating provided on the outdoor seating patio shall be in accordance with the Enlarged Patio Plan marked Sheet A-1 prepared by R.A. Zischke Architect, dated January 21, 2009, as amended; 5. That the Building Elevations Plan marked Sheet A-2 prepared by R.A. Zischke Architect, dated January 21, 2009, as amended, is hereby approved and shall be adhered to; February 24, 2009 25161 6. That the extension of the brick pier and wrought iron fencing system parallel to the Plymouth Road right-of-way line shall be installed in accordance with the above referenced Landscape Plan; 7. That the issue relating to the required egress pathway from the new dining area as noted in the Correspondence dated February 13, 2009, from the Inspection Department shall be resolved to that department's satisfaction; 8. That this approval shall incorporate the stipulations contained in the correspondence dated February 6, 2009, from the Livonia Fire and Rescue Division; 9. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient front yard setback; 10. That the handicapped parking space in the northeasterly parking area shall be changed to a regular parking space and one additional handicapped space shall be provided in a location as close as possible to the building entrance; 11. That no signs, either freestanding or wall mounted are approved with this petition. All such signage shall be separately submitted for review and approval by the Planning Commission and City Council; 12. That no LED Iightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; and 13. 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; 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. February 24, 2009 25162 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. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#4 FUTURE LAND USE PLAN AMENDMENTS Ms. Smiley, announced the next item on the agenda, the adoption of a resolution requesting the City Council to approve the distribution of the proposed Future Land Use amendments to all required entities pursuant to State law and to authorize the Planning Commission to hold a public hearing on proposed amendments to the Future Land Use Plan. Mr. Morrow: Since this is a petition brought forward by the Planning Commission, I'll ask for a recommendation. On a motion by Smiley, seconded by Vartoogian, and unanimously approved, 0 was #02-21-2009 RESOLVED, that in connection with Petition 2009-02-07-01, submitted by the City Planning Commission, to amend Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, so as to change the future land use designation of 53 various locations throughout the City, the City Planning Commission does hereby request City Council to approve the distribution of the Plan to all required entities pursuant to State law, and refer the proposed amendments to the Future Land Use Plan back to the Planning Commission to hold a public hearing. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#5 APPROVAL OF MINUTES 976TM Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 976" Regular Meeting held on February 10, 2009. February 24, 2009 25163 On a motion by Scheel, seconded by Wilshaw, and unanimously adopted, it was #02-22-2009 RESOLVED, that the Minutes of 976" Regular Meeting held by the Planning Commission on February 10, 2009, are hereby approved. A roll call vole on the foregoing resolu0on resulted in the following: AYES: Scheel, Wilshaw, McDermott, Smiley, Morrow NAYS: None ABSENT: None ABSTAIN: Varloogian Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. On a moton duly made, seconded and unanimously adopted, the 977" Public Hearings and Regular Meeting held on February 24, 2009, was adjourned at 8:08 p.m. ATTEST: R. Lee Morrow, Chairman CIN PLANNING COMMISSION Carol A. Smiley, Secretary