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HomeMy WebLinkAboutPLANNING MINUTES 2010-03-30MINUTES OF THE 994'" PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, March 30, 2010, the City Planning Commission of the City of Livonia held its 9941 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 Joe Taylor Ian Wilshaw Members absent: None Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Chairman Morrow informed the audience that if a petition on lonighfs 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 len 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 of the proceedings tonight. ITEM #1 PETITION 2010-02-01-01 DR. NABIL SULIMAN Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2010-02- 01-01 submitted by Dr. Nabil Suliman requesting to rezone property at 18621 Farmington Road, Lots 98 through 106 of the Seven Mile Road Super Highway Subdivision, located on the west side of Farmington Road between Curtis Road and Seven Mile Road in the Northeast 1/4 of Section 9, from R-3 to OS. March 30, 2010 25268 Mr. Morrow: Item #1 has been removed from the agenda for administrative reasons and will be rescheduled for the Public Hearing to be held on May 11, 2010. ITEM #2 PETITION 2010-03-02-04 APARTMENT SERVICES Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2010- 03-02-04 submitted by Apartment Services Company requesting waiver use approval to operate a contractors yard in an M-1 district at 34600 Glendale Avenue, located on the north side of Glendale Avenue between Stark Road and Fairlane Avenue in the Northwest 1/4 of Section 28. Mr. Taormina provided background on the item and presented a map showing the properly under petition plus the existing zoning of the surrounding area. Mr. Morrow: Is there any correspondence? Mr. Taormina: There are three items of correspondence. The first item is from the Engineering Division, dated March 18, 2010, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above-referenced petition. The legal description provided comes from our City records and is correct. Our City records show that there is an address range of 34600 through 34610 for this parcel. The building on this site houses two addresses, 34600 Glendale and 34610 Glendale. Apartment Services occupies 34600 Glendale Ave. The other side of the building, 34610 Glendale, is occupied by Michigan Packaging, Inc. The area to be fenced is paved and there is a catch basin for storm water drainage. Apartment Services Company, via copy of this comespondence, is reminded that storage of materials should be done in a manner where storm water runoff quality is not adversely impacted by the material storage." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated March 18, 2010, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a contractor's yard in an M-1 district on property located at the above-referenced address. We have no objections to this proposal with the following stipulations: Combustibles shall be maintained 20 feet from the building." The letter is signed by Donald F. Donnelley, Fire Marshal. The third letter is from the Inspection Department, dated March 26, 2010, which reads as follows: "Pursuant to your request of March 4, 2010, the above-referenced Petition has been reviewed. The following is noted. (1) The lot area March 30, 2010 25269 shall be enclosed with a fence except for the front yard setback. The fence shall be located on the boundaries of the lot area and not exceed 8 feet in height. A permit and inspection of the fence will be required. (2) Stacking or stockpiling of materials shall not exceed eight feet in height above the ground. (3) The parking spaces located on the east side of the building will need to be removed to allow access to rear yard. A cross access agreement would be required if the petitioner was to use the drive located on the property to the east. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Thank you. Are there any questions for the staff? Mr. Taylor: Mark, is there a fence there now? Mr. Taormina: There are two smaller fenced in areas, but they don't appear on this plan. One is located directly behind the building. There are three sides to that fence. The fourth side is the building itself that forms the enclosure. The second area is in the northeasterly corner of the site. Mr. Taylor: In our approving resolution, if it is so permitted, there is nothing mentioned about a fence. Would that be taken care of by the Inspection Department? Mr. Taormina: Are you talking about the new fence or the older fenced in area? Mr. Taylor: The new fence that they're going to put in. Mr. Taormina: The new fence is something that would have to go to the Inspection Department for approval. Mr. Taylor: We dont mention it in our resolution. That's what I'm getting at. Mr. Taormina: We can do that certainly. That is something that should probably be included - that they secure the necessary fence permits. Mr. Taylor: And they talk about removing the parking on the east side of the property. Mr. Taormina: Correct. Mr. Taylor: You talked about removing maybe five or six spaces. The way the Inspection Department talks, all of those spaces would be removed. March 30, 2010 25270 Mr. Taormina: I don't know if that's necessary. As we discussed this item at our study session, it was indicated that there would probably be a need to remove three or four spaces. I think it really is dependent upon the pefitioner and what he needs for adequate space and the size of vehicles he is going to be maneuvering in and out of that fenced in area. If it requires four spaces, I don't see why we would need all those spaces removed, especially if there is a reciprocal agreement with the adjoining property owner. Mr. Taylor: Thankyou. Mr. Morrow: I think he mentioned at the study session that most of his fleet is pickup trucks. Mr. Taormina: Yes, with some trailers. Mr. Wilshaw: Just one question for the Planning Department. Is barbed wire something that we have to specifically mention in our resolution if we do or don't want to permit that, or is that a city ordinance? Mr. Taormina: That is a city ordinance, although in the case of industrial properties, there is some allowance for it. But if that is something you want specifically addressed, then it should be part of the resolution. Mr. Wilshaw: I see the existing fence that is around the back of the property now, the small fence, does have barbed wire at the lop of it. Mr. Taormina: That could be, yes. Mr. Wlshaw: All right. Thank you. Mr. Morrow: Is the petitioner here this evening? Please come forward and give us your name and address for the record. George LaForesl, Apartment Services Company, 44500 Woodland Park, Northville, Michgan 48168. 1 own Apartment Services and the building. Mr. Morrow: Do you have anything you want to add before I go to the Commission? Mr. LaForesl: Two things. Barbed wire, we're not sure if we want that or not. It really depends on the security problems. We've been having a lot of security problems. Our thefts over the Iasi year have been close to $50,000 of machinery and equipment and so March 30, 2010 25271 forth. It's getting to be a serious problem. It's not just there. It's everywhere. And second, at the last meeting somebody mentioned the landscaping on the building. We had our guy draw up a plan and we will be re -landscaping the front this summer just to update it and so forth. Basically, that's about it though. The number of trailers and so forth you see out there right now, that is a high point. Those trailers will all be gone probably about next weekend at they go out to the different locations. That's pretty much it. Mr. Morrow: Mark, since he menfioned a landscape plan, would that be something that would come back to us at a later date? Would that be something that the Staff can handle? Mr. Taormina: That would be the Commission's determination. If you want to see the landscape plan come back, you can certainly mention that in the approving resolution, or altematively, you could just have Staff approve that. Our Staff did go out and take a look at it. Scott Miller reported to me that what's there currently is well maintained. So I think anything that he provides would just be supplemental. Mr. Morrow: We'd just be bringing it back up to speed. Mr. Taormina: Right. So it is something we could review in house if you're comfortable with that. Mr. Morrow: We'll see how the Commissioners feel about it. Ms. Smiley: Did we come up with an agreement with your neighbor? Mr. LaForesl: I can gel that in writing. We've had an ongoing agreement for the last five years we've been in there. The new people next door, they just moved in about two or three months ago because the building has been empty for the last five years. I can get that for you though. We reciprocate by plowing the snow and so forth, and we share the drive because it gives us both more parlang that way. Mr. Morrow: Yes, that is something that you'll need to get in writing to provide to the City. Mr. LaForesl: That's no problem. Ms. McDermott: Good evening. How many spaces do you think you will need to remove to gel the proper turning radius for the parking spaces on the east side? March 30, 2010 25272 Mr. LaForesl: I'm guessing no more than four spaces. Ms. McDermott: Okay. And that will still give you enough parking? Mr. LaForesl: Oh, yes. Most of our people work off site. Ms. McDermott: Okay. I'm curious. In the northeast corner of the lot in the back, there is a camper. Mr. LaForesl: Yes. I don't know whose that is. Its been out there for two years, and it hasn't moved. I have no idea. Its a popup camper, and I have no idea who it belongs to. Ms. McDermott: Okay. Well, if anyone out there is hearing that, it might be your camper. Okay. Thank you. Ms. Vartoogian: Are you planning on storing any types of landscaping materials? Mr. LaForesl: No. We don't do landscaping. We're strictly a maintenance company. Ms. Vartoogian: One of the city departments mentioned or had a concern about the storage of materials and the impact it would have on water runoff quality. Mr. LaForest: We don't have anything out there. We've never stored dirt or anything because we don t do landscaping. Ms. Vartoogian: Okay. Thank you. Mr. Morrow: Seeing no further questions, I'll go to the audience and ask if there's anyone in the audience wishing to speak for or against the granting of this petition? Seeing no one coming forward, I'm going to close the public hearing and ask for direction from the Commission. On a motion by Scheel, seconded by Taylor, and unanimously adopted, it was #03-22-2010 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 16, 2010, on Petition 2010-03-02-04 submitted by Apartment Services Company requesting waiver use approval to operate a contractors yard in an M-1 district at 34600 Glendale Avenue, located on the north side of Glendale Avenue between Stark Road and Fairlane Avenue in the Northwest 1/4 of Section 28, which property is zoned M-1, the Planning Commission does hereby recommend to the City Council that Petition 2010-03-02- 04 be approved subject to the following conditions: March 30, 2010 25273 1. That the Site Plan prepared by JMK Services, as submitted to the Planning Commission on March 4, 2010, is hereby approved and shall be adhered to; 2. That the petitioner shall notify the abutting property owners about the layout and height of the fence; 3. That a land survey by an accredited surveyor shall be provided to the Inspection Department prior to the placement of the fence; 4. That the necessary permit and inspection fees for the fencing approvals be obtained from the Inspection Department; 5. That appropriate recordable legal instrumentation, such as a cross access agreement, that gives notice and outlines the terms of how the subject property(s) would share parking and access, be supplied to the City; 6. That the visitor and employee parking spaces shown on the site plan shall be double striped, including the provision of barrier free parking, and all regular parking spaces shall be 10 feet by 20 feet in size as required; 7. That the outdoor storage of trailers, commercial vehicles, equipment and materials shall be limited to the designated locations as shown on the above -referenced Site Plan and shall be maintained in an orderly manner; 8. That there shall be no outdoor storage of disabled or inoperative equipment and vehicles, scrap material, debris or other similar items; 9. That the outdoor stacking or stockpiling of materials shall not exceed eight feet (8') in height above ground level; 10. That the petitioner shall comply with the following stipulation in the correspondence dated March 18, 2010, from the Engineering Department: - That storage of materials should be done in a manner where storm water runoff quality is not adversely impacted by the material storage; March 30, 2010 25274 11. That the petitioner shall comply with the following stipulation in the correspondence dated March 17, 2010, from the Fire & Rescue Division: - That combustibles shall be maintained 20 feel from the building; 12. That all landscaped and sodded areas shall be permanently maintained in a healthy condition; 13. That a landscape plan shall be submitted to the Planning Department for approval, and 14. That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy amendment. 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 16.11 and 19.06 of the Zoning Ordinance #543; 2. That the subject property has the capacity to accommodate the proposed use; and, 3. That the proposed use is compatible to and in harmony with 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? Mr. Taylor: Mr. Chairman, if I may, I'd like to add Item #4, that the landscaping in front of the building shall be approved by the Planning Department, if the maker of the motion agrees to that. Ms. Scheel: Yes, I agree with that. I had another question also. The letter that we received from the Fire Marshall said that combustibles must be maintained 20 feet from the building. Does that need to be in the approving resolution? Mr. Taormina: Yes, that can be included. March 30, 2010 25275 Ms. Scheel: I would like to add that also. Mr. Morrow: I think that's very appropriate. Mr. Taylor: Support. Mr. Morrow: Supported by Mr. Taylor. Anything else of the Commission? Mr. Taylor: Mr. Chairman, if I may, through the Chair to Mark, I'm assuming we don't have to mention the fence then. It sounds as if the petitioner wants to put a fence up as long as it's not any higher than eight feel because of the problem he's had with theft. Mr. Taormina: Correct. I think the approving resolution requires that he gel the necessary permits and that it be surveyed prior to the installation of the fence. Mr. Taylor: Thankyou. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. It Y:41i FR)•9=k 1 It I[a] i! FIr➢DIIrB111YZIIc113 I Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2010- 03-02-05 submitted by Brad Turowski requesting waiver use approval to operate a limited service restaurant (Subway) at 17134 Farmington Road within the Burton Hollow Plaza Shopping Center, located on the east side of Farmington Road between Six Mile Road and Curtis Avenue in the Southwest 1/4 of Section 10. Mr. Taormina provided background on the dem and presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Morrow: Is there any correspondence? Mr. Taormina: There are three items of correspondence. The first item is from the Engineering Division, dated March 18, 2010, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. The legal description provided does not describe the exact premises. The following legal description describes the property and the exact premises: THAT PART OF THE SW 114 SEC 10 TIS R9E DESC AS March 30, 2010 25276 BEG A T A PTE ON E LINE OF FARMINGTON RD. DISTANT DUE N ALONG THE W SEC LINE 195 FT AND S 89DEG 44M 30S E 60 FT FROM THE SW COR OF SEC 10 AND PROC TH DUE N ALONG SAID E LINE 215.12 FT TH DUE E 399.99 FT TH DUE S 351.93 FT TH N 89DEG 44M 30S W 265 FT TH DUE N 135 FT TH N 89DEG 44M 30S W 135 FT TO POB 2.81 AC. MORE SPECIFICALLY, WITHIN SUCH PROPERTY, THE PREMISES CONFINED TO 17134 FARMINGTON ROAD, COVERING 1600 SQUARE FEET, AND MEASURING 20 FEET WIDE BY 80 FEET DEEP. The address according to our records is 17134 Farmington Road." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated March 17, 2010, which reads as follows: 'This office has reviewed the site plan submitted in connection with a request to operate a limited service restaurant on 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 Inspection Department, dated March 26, 2010, which reads as follows: "Pursuant to your request of March 8, 2010, the above -referenced petition has been reviewed. The following is noted. (1) This petition is a change of use. The space will be required to meet all current barrier free codes including exterior doors, parking and access. This will be addressed further at the time of our plan review if this project moves forward. (2) This plan does not make provision for a dumpster(s) or dumpster enclosure(s). The Commission and/or Council may wish to determine how trash disposal will be maintained at this site. (3) No signage has been reviewed at this time. This Department has no further objections to this petition."The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions of Mr. Taormina? Ms. Smiley This is a new use for this spot. Wasn't it a pizza place before? Mr. Taormina: Yes, I think it may have been. The change in use comes from the fact that it has interior seating, whereas the previous restaurant was carryout only. Ms. Smiley: Okay. Thank you. Mr. Morrow: Is the petitioner here this evening? We will need your name and address for the record. Brad Turowski, 12033 Chandler, Plymouth, Michigan 48170. Mr. Morrow: Is there anything you'd like to add at this time? March 30, 2010 25277 Mr. Turowski: No. I think everything was covered. Mr. Taylor: Mr. Turowski, what are you planning on doing with the trash? Mr. Turowski: There is a dumpster back there already. If we take out trash too much, then I'm just going to buy my own dumpster. I dont know if they have a contract with a dumpster company as in Republic Waste or Waste Management. I'm not sure. If d comes toil, we will be responsible for it, and we will pay for it if we have loo much. Mr. Taylor: Do you know what the pizza company did there? Mr. Turowski: No, I'm sorry. I do not. Mr. Morrow: Along that same line, is there room for another dumpster in the enclosure? You might need to put it in another enclosure. Mr. Turowski: There is quite a bit of room back there. Mr. Morrow: Its not covered in your lease agreement? Mr. Turowski: No. It is not. Ms. Scheel: Could you tell me what the hours of operation are going to be? Mr. Turowski: It will be opening at 7:00 a.m. and it will be closing most likely at 10:00 P.M. Ms. Scheel: Is that seven days a week? Mr. Turowski: On the weekends, on Saturday it will be opening at 8:00 a.m. and on Sunday it will be opening at 9:00 a.m. On Sunday, it will most likely be closing at 9:00 p.m. Ms. Scheel: But on Saturday it will be closing at 10:00 p.m. also? Mr. Turowski: Yes, ma'am. Ms. Scheel: Okay. Thank you. Mr. Morrow: As it relates to the hours, it seems me I saw some advertising for Subway that you're now going to gel into breakfasts? Mr. Turowski: Yes. That's correct. That's the reason we're opening at 7:00 a.m. March 30, 2010 25278 Mr. Morrow: That's what I assumed and to give you an opportunity to do a little promoton here. Mr. Turowski: Its fantastic. I've actually been serving it in five of my stores already. I started about six months ago, and its phenomenal. Mr. Morrow: Okay. Thank you. Mr. Turowski: Healthy, loo. We have egg while omelets. Ms. McDermott: I just wanted to ask about your experience with Subway. You just referenced five stores. Can you give us an idea where they're located? Mr. Turowski: In actuality, I own seven right now. This would be the eighth. I own one in Northville, two in Plymouth, two in Romulus, one in Westland and one in Ann Arbor. Ms. McDermott: Thank you. Mr. Turowski: I'm all over the place. I drive a lot. Mr. Taylor: What kind of cuisine do you serve for breakfast? Mr. Turowski: On the normal Subway bread, it will be egg white omelets or egg omelets. Bacon, sausage, western ham which is ham and eggs, as well as muffins. It is a choice of ours if we want to do cinnamon buns or not, but they are fantastic so I'm going to be doing them in all my stores. They're very good. Mr. Morrow: Any olherquestons? Mr. Turowski: And coffee, I'm sorry. Mr. Morrow: Any olherquestons? Ms. Vartoogian: Do you have any plans to have outdoor sealing at that location? Mr. Turowski: Not as of yet. I only have one store with outdoor sealing. It doesn't really bring too many extra people in. That one is in downtown Plymouth. People like to sit outside, but I doubt R. I highly doubt it. Ms. Vartoogian: Okay. Thank you. Mr. Wlshaw: My thunder was slightly stolen with asking how many other locations you have and where they're located, but can you give us an idea of how long you've been in this business? March 30, 2010 25279 Mr. Turowski: In mid-April, it will be five years. Mr. Wlshaw: Wow.You've done really well for yourself in that time. Mr. Turowski: Yeah. I work pretty hard, some long hours. Mr. Wilshaw: Thats good. Mr. Turowski: And I have a good mentor. Mr. Wlshaw: Thats good. It seems like a good fit for this location. Thank you. Mr. Morrow: Seeing no further questions, I'll go to the audience and ask if there's anyone in the audience wishing to speak for or against the granting of this petition? If you'll come forward and give us your name and address for the record. Diane Gonzales: I own the property located at 33411 Six Mile Road. That's probably better known to all of you as the Shell Station that's right on the corner of Six Mile and Farmington. It's actually across the street from the Walgreens and the Mobil on the corner there. I came to speak to you tonight because I actually have a sandwich shop located within my gas station. This is my second location. I've been here for a little bit over a year. During that time, there was a Subway located in there that pulled out. I can tell you that since it has, it has been very difficult for us. So we opened our own sandwich shop in there in an attempt to draw customers in. We've been doing okay, but you know this is the worse economy we've seen in all of our generation. I love working in Livonia. I enjoy having a business here. It's been a wonderful opportunity for us, but as you know, the BP across the street from me had to shut its doors and it went bankrupt. I can tell you right now, that if that Subway opens up there, its going to do the same thing to us. So I came here tonight because I wanted you to know that there's consequences to your actions. Mr. Morrow: Yes. There's nothing in the ordinance that precludes a petitioner coming forward to open it up. Ms. Gonzales: I understand. It's simply a consequence of the vole, and I just wanted to make sure that you were aware of that. Mr. Morrow: Okay. We certainly appreciate your input. Ms. Gonzales: Thank you so much. March 30, 2010 25280 Mr. Morrow: This will be finally determined by the City Council so you will have another chance to speak to that issue. Ms. Gonzales: Thank you so much. Mr. Morrow: Thank you. Ms. Gonzales: I apologize I'm going to leave. I serve on the Plymouth Canton Community School Board and I actually left their meeting to come here and meet you this evening. So thank you very much for your time. I appreciate it. Mr. Morrow: Thankyou foryourservice in the Canton Community schools. Ms. Gonzales: Thankyou so much. Have agood night. Mr. Morrow: We will need your name and address. Robert Attar, Golden Gifts Jewelry, 33300 West Six Mile, Livonia, Michigan 48152. We own Golden Gift Jewelry in this strip center. Lel me just say that we're very happy if you people will say yes, because we think it will be a great addition to our mall. Before the Secretary of Stale came, it looked like a bomb went off there. And you know what? I think its going to be a great addition. I'm looking forward to the breakfast. These are good operators. We just hope you guys say yes because we think it will be great. Unfortunately, what she was saying about Subway, that was in the gas station. You couldn't hardly even get a sandwich there because it was so poorly run. Our staff always loves to get sandwiches and hamburgers and we support Bates thoroughly. Mr. Morrow: We don't want to gel into that area. Mr. Attar: No, but we support Bales thoroughly. If it's a business that is run correctly, it will do well, and these people seem like they're good operators. We think it would be a good addition. David Attar: I'm his brother. Co-owner of Golden Gift Jewelry. Same address. With all due respect to her, I understand the economy is bad too, but I think she is drawing a different audience. Most of her people are pumping gas and buy a sandwich on the ran. His customers are going to be drawing primarily from the Secretary of Slate. So I think it's two separate entities even though they are selling the same type of food. We're very, very, very happy and pleased that he is going to be laking a vacant space in our plaza. Thank you. March 30, 2010 25281 Mr. Morrow: Seeing no one else coming forward, I'm going to close the public hearing and ask for a motion. On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was #03-23-2010 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 30, 2010, on Petition 2010-03-02-05 submitted by Brad Turowski requesting waiver use approval to operate a limited service restaurant (Subway) at 17134 Farmington Road within the Burton Hollow Plaza Shopping Center, located on the east side of Farmington Road between Six Mile Road and Curtis Avenue in the Southwest 1/4 of Section 10, which properly is zoned 61, the Planning Commission does hereby recommend to the City Council that Petition 2010-03-02-05 be approved subject to the following conditions: 1. That the maximum customer seating count shall not exceed 30 seals in accordance with the Floor Plan marked Store Concept submitted by Brad Turowski, dated December 18, 2009; 2. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 3. That no LED Iighthand or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows; and 4. That the specific plan 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 special and general waiver use standards and requirements as set forth in Sections 10.03 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. March 30, 2010 25282 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 carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 PETITION 2010-02-02-03 SIAM SPICY 4 Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2010- 02-02-03 submitted by Siam Spicy 4, Inc. requesting waiver use approval to utilize a Class C Liquor License in connection with a full service restaurant (Siam Spicy 4 Thai Restaurant) at 37140 Six Mile, located on the north side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Southwest 1/4 of Section 8. Mr. Morrow: When this item came before us, it was tabled. We will need a resolution to remove it from the table. On a motion by McDermott, seconded by Wilshaw, and unanimously adopted, it was #03-24-2010 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 16, 2010, on Petition 2010-02-02-03 submitted by Siam Spicy 4, Inc. requesting waiver use approval to utilize a Class C Liquor License in connection with a full service restaurant (Siam Spicy 4 Thai Restaurant) at 37140 Six Mile, located on the north side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Southwest 1/4 of Section 8, which properly is zoned G2, the Planning Commission does hereby remove this item from the table. Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. Mr. Morrow: Do we have direction? Mr. Wilshaw: I'm going to ask that the petition be withdrawn at this time. The petitioner has submitted a letter to us asking that this petition be withdrawn. So I will move that. March 30, 2010 25283 On a motion by Wilshaw, seconded by Vartoogian, and unanimously adopted, 0 was #03-25-2010 RESOLVED, that having considered a withdrawal letter from Suda Hoy, President of Siam Spicy 4, dated March 23, 2010, in connection with Petition 2010-02-02-03 which requested waiver use approval to utilize a Class C Liquor License in connection with a full service restaurant (Siam Spicy 4 Thai Restaurant) at 37140 Six Mile, located on the north side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Southwest 1/4 of Section 8, which properly is zoned C-2, the Planning Commission does hereby withdraw this petition without prejudice. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Taylor: I'm just thinking back Council -wise. Mark, is "no further action' more appropriate than withdrawal on this type of a thing? I don't know exactly how the Planning Commission works. Mr. Taormina: I think historically we have withdrawn these petitions without any prejudice. Thal was one of the concerns she raised in her letter, the ability to come back in the future should circumstances change. Ms. Smiley: So I write withdrawn without prejudice? Mr. Taormina: Correct. ITEM #5 APPROVAL OF MINUTES 992n° Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 993'" Public Hearings and Regular Meeting held on March 16, 2010. On a motion by Scheel, seconded by Taylor, and unanimously adopted, it was #03-26-2010 RESOLVED, that the Minutes of 993rtl Public Hearings and Regular Meeting held by the Planning Commission on March 16, 2010, are hereby approved. March 30, 2010 25284 A roll call vole on the foregoing resolution resulted in the following: AYES: Scheel, Taylor, McDermott, Varloogian, Wilshaw, Smiley, Morrow NAYS: None ABSENT: None ABSTAIN: None Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 994th Public Hearings and Regular Meeting held on March 30, 2010, was adjourned at 7:43 p.m. ATTEST: R. Lee Morrow, Chairman CIN PLANNING COMMISSION Carol A. Smiley, Secretary