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HomeMy WebLinkAboutPublic Hearing 2-26-2020 - Pet. 2019-12-01-08 CITY OF LIVONIA PUBLIC HEARING Minutes of Meeting Held on Wednesday, February 26, 2020 ______________________________________________________________________ A Public Hearing of the Council of the City of Livonia was held at the City Hall Auditorium on Wednesday, February 26, 2020. MEMBERS PRESENT: Kathleen McIntyre, President (arrived at 7:11 p.m.) Scott Bahr, Vice President Rob Donovic Jim Jolly Brandon McCullough Laura M. Toy MEMBERS ABSENT: Cathy White OTHERS PRESENT: Mark Taormina, Director of Economic Development Paul Bernier, City Attorney Todd Zilincik, City Engineer Sara Kasprowicz, Recording Secretary The Public Hearing was called to order at 7:10 p.m. with Vice President Scott Bahr presiding. This is a Public Hearing relative to PETITION 2019-12-01-08 submitted by Gary Bloom, requesting to rezone the property located on the north side of Seven Mile Road between I-275/96 Expressway and Haggerty Road (39040 Seven Mile Road) in the Southwest ¼ of Section 6 from M-1 (Light Manufacturing) to OS (Office Services). This will be heard at the Regular Council Meeting of March 23, 2020. The Public Hearing is now open. There were 4 people in the audience. Bahr: Mr. Taormina, do you want to take us through this? Taormina: Thank you. This is the location of the historical Orson Everitt House. Request to rezone that site from M-1 to OS, office services. Again, this property is on the North side of Seven Mile Road and just West of the I- 275 expressway. The property is roughly 6/10of an acre in size and has 160 feet of frontage on Seven Mile Road. An average depth of 170 feet. The original home is identified by City Historians a Queen Anne Cottage style home, so it was built in 1899. The entire site is registered locally as a historic resource and the house is on the national register of historic places. In 1967, the zoning of this property along with much of the surrounding acreage, changed from RUF to M-1, light manufacturing, per the recommendation of the Planning Commission. Then In the late 1970’s, 2 the house was converted into a law office and has remained that way ever since. The structure is 1 ½ stories in height, its about 2,600 square feet in gross floor area. There is a garage as well as a gravel parking lot at the rear of the property. A single drive off Seven Mile Road serves as ingress and egress. I think most of the Council members are familiar with the location of this property. It is immediately West of the main entrance leading into the new Beaumont facility and just East of the Main entrance leading to the Pentagon Centre Entertainment Campus. The Petitioner intends to repurpose the main building as a massage establishment, should this rezoning move forward. Any improvements or alterations to the site or those that would affect the exterior appearance of the building, including signage, would have to be reviewed and approved by the Historic Preservation Commission. Future Land Use plan identifies this property as Corridor Commercial, which does support the proposed change of zoning. This petition comes to you with an approving recommendation by the Planning Commission. Thank you. Bahr: Ok, anybody on Council have a question for Mr. Taormina? Jolly: I do, Mr. Chair. Mr. Taormina, if this were to be rezoned Office Services, would the proposed use require other special votes of Council? Taormina: Yes, it would. So, and I apologize for not mentioning this in my presentation, or as part of my presentation. The use of the property as a massage establishment, its possible only with waiver use approval. So, review and recommendation by Planning Commission followed by final review and approval by the City Council. Jolly: Ok. As far as I am concerned, it makes perfect sense for this to be office services, that’s literally how it’s been used, we’re going on decades here. I’m not sure if I can see this piece of property used for massage services, so that’s why I asked the question, so I appreciate the answer. With that being said, because the underlying request is to change the zoning and not for the use of the building as massage services, I’ll offer an approving resolution. Bahr: I’ll just comment and say that if it wasn’t good for office services, we’d have to defend why it is good for M-1. Mr. Donovic, did you have a comment? No? Ok, President McIntyre? McIntyre: I appreciate Mr. Jolly’s sentiments, but as I think most know, Beaumont wanted to, there were some discussions about different ways to use the property and incorporate, I believe, into the Beaumont facility, is that correct, Bahr? 3 Bahr: Yes, initially, Beaumont had an option to purchase this property and the first plan that was presented to the Planning Commission actually showed a connection to St. Joe’s Parkway, the main driveway to the West, leading into the Pentagon Centre, bisecting this property, actually, traversing the northern part of this property. That would have impacted the site as well as the outbuilding on the property. Through many discussions with the Historic Preservation Commission and the challenges that they were faced with that particular development proposal, they decided to let that option expire. Moving ahead in an arrangement to work with the Pentagon Association, move the drive further to the North and we don’t know where that went to. This last one was an approval of a third site plan. McIntyre: And with the position, and thank you, Mark, for restating and summarizing that, with the position of the Historical Preservation Commission has taken on that outbuilding which I believe the original outbuilding was destroyed in a fire and this was rebuilt and I can’t remember, Mark, the 50’s, they were unwilling to see any changes or demolition to that outbuilding, correct? Bahr: Yeah, I don’t want to speak for them, the Historical Preservation Commission, because I don’t know that they ever took a formal stance on this, or resolution, I don’t know that, I’d have to go back and look in the record, but you’re right about this being a structure not being the original Carriage House. Yes, it’s our understanding is that was rebuilt sometime, maybe in the 80s. So, while that structure itself is not historical, it does reside on a historical site, and so therefore the Historical Preservation Commission has jurisdiction over it. McIntyre: I would like us, and I can’t remember either, I apologize because I got here later than I had planned because of the weather tonight. I would like us to go back, if we could, and look at any formal actions that the Historical Preservation Commission took, because, depending on what they do and what their position is, I think it’s going to be difficult to find other uses for that building. So, for that reason, I would not reflexively object. I think the rezoning, to Vice President Bahr’s point is an excellent one, M-1 is kind of a crazy zoning for a law office. We may be very limited in what that’s attracted for and certainly, in my mind, anyone that is going to want an up-and-up massage establishment is not going to do it, or anyone who doesn’t want to run an up-and-up establishment is not going to seek to place it on one of the most heavily traveled roads, right at the roadside in a historical building. Thank you. Jolly: I was just going to say, from what I recall, even though the rear structure there was rebuilt, I think it was built on the original foundation and that’s why it retains historical nature and protection. 4 Bahr: Mr. Donovic? Donovic: The Chair, forgive me if I missed it. Is there some sort of a change now, with parking, if eventually, this massage establishment is approved? Taormina: You know, we have not looked at any of the detail with respect of a change of use for the property, Councilman Donovic. Until, and unless we get that information, we’ll only be speculating. I can tell you that typically, it parks at a ratio of one space for every one hundred and fifty square feet of usable floor area. The question then is, of that 2600 square feet, how much would that be used for massage establishment purposes and then how many parking spaces are actually available on this site? It’s unique, these aren’t striped parking spaces so, you’d have to go through that analysis as well. Donovic: So, hypothetically speaking, could the owner of the property split the building up into multiple units for multiple uses, like a law office in one unit and a massage establishment in the other? Taormina: No. It’s conceivable that it could include a lot of different uses, I know that their building code issues are going to come into play here going from an office to a retail is probably going to trigger certain improvements for barrier free requirements. How that affects use of some of the upper levels of the structure, I don’t know. Donovic: Thank you. Bahr: Mr. McCullough? McCullough: Thank you, Mr. Chair. Just a quick question, Mark. If this use changes and it invokes, obviously, the Building Department, does that have any basis on energy codes? I know the new energy codes are very stringent and when you mesh that with historical, being on the register, you know those buildings aren’t going to be hitting any kind of the new energy cold. Taormina: Councilman McCullough, I wish I could answer that question, I just don’t know. It’s been my experience that the energy code kicks in anytime there is a change of use, so there’s a good likelihood that it would. How that’s treated for historical structures, I just don’t know. McCullough: Thank you. Bahr: Anyone else have questions for Mark? Donovic: For my own knowledge, does the Historic Commission have to approve every time a new business wants to go into this building? 5 Taormina: Yeah, good question. The answer is no. So the Historical Preservation Commissions jurisdiction effectively covers the exterior improvements to both the building as well as the site, so interior improvements can be made to the building and I’m not sure they have much jurisdiction over changes that occur inside the building, but most definitely the exterior of not only the house but of the site. Donovic: Thank you, Mark. Bahr: I have one question, sorry to take all this time, but we’ll get to you here in a second. Mark, it’s the Petitioner that petitions for the rezoning, correct? Taormina: So, the owner of the property has petitioned for the rezoning and his agent is here this evening and I think maybe the owner is here, or someone representing the owner is here. They filed the rezoning application. If this again, moves forward, it’s our understanding that they would authorize the perspective buyer of this property to file a waiver use application. Bahr: So, where we typically would do a rezoning and it’s a site plan that we’re going to have to approve, we hold off the final zoning until the site plan is approved. In this case, there’s no site plan to approve, so this zoning will go through, regardless of what we think about the future use of it, right? Taormina: You know, I would agree with that. I think after listening to your comments and those of Councilman Jolly relative to the appropriateness of the zoning for this property, I would say this is one where you could move through the rezoning process irrespective of the course for the waiver use. Bahr: Ok, yeah. All right, any other questions? Anybody in the audience want to speak to this? Or just come closer so you can hear us better. Bloom: I’m Ryan Bloom, Gary Bloom is the petitioner and he’s my father and obviously we hope that you’ll support the zoning change, again, at this point, it’s just about the zoning change. My father’s health isn’t great and he unfortunately can’t work anymore and needs to sell the building for several reasons and as an M-1 site, it’s really not saleable in terms of obviously with a historic house, no one can manufacture anything in there. I don’t think that at least be viable and the hope is that whoever we sell it to whether Mr. Almond over here or whether it’s Beaumont, they both want to preserve the historic nature of the house and I think that’s probably the most important thing. Not necessarily the outbuilding, which I got my own feelings about, which was built in, yes, the 80’s, was rebuilt, and while it may be built on the original foundation, it’s really nothing more than a glorified couple of Home Depot sheds, in my opinion, put together. 6 Bahr: So, your father is the attorney that operates out of there? Bloom: Yeah. Bahr: Is Beaumont still interested in the property? Bloom: As far as I know, I don’t know anything about that. Its under contract right now with Mr. Almond. Bahr: Got it, ok. Anybody have any questions for Mr. Bloom? Thank you. Anybody else want to speak? Almond: Good evening everybody. My name is Michael Almond. My wife is Charlene Almond and we own Green Jade Foot Massage, its currently a business in downtown Plymouth, a block off of the main square. It’s been there for four and a half years and I understand the meetings right now, that went through Planning and now with the City Council, are for really zoning, however, in light of the use, that comes later, but I want to address it so that misconceptions about a massage business are addressed early on. We agree that massage businesses should be scrutinized for a multitude of different reasons and you should even scrutinize ours, there’s no reason why not to. What I want to address is about who Green Jade Foot Massage is. We have about 80% of our customers are female clientele. Mothers and daughters that visit, they’re sisters that visit, girlfriends that come, we have groups regularly, in three and four, that come and visit friends, we also address couple’s massage. We specialize in authentic Chinese foot massage reflexology. What I’ve done is, I’ve brought some pictures to share with everyone. There’s like six of them so one of you got missed. It’s a picture of the staff, currently, it’s pictures of the facility. We bought the building 2 ½ years ago, fixed it up, we get a lot of compliments about the environment of the shop. This past weekend, which was Valentine’s Day, on Friday, we did 68 massages, on Saturday we did 65, on Sunday, we did short of 50. For the weekend, we did almost 180 massages, it’s not the kind of place you might think, where you can associate with massage facilities. During Christmas, we sold $12,000 in gift cards. For $39 an hour foot massage, that represents about 308 gifts that were given to happy souls. I also have to circulate the Google reviews. There is 147 of them. We’re rated 4.6, it’s mainly females that are making reviews. You can see for yourself, what people are saying about Green Jade Foot Massage. Jolly: Mr. Chair? Bahr: Yes. 7 Jolly: Sir, by no means am I trying to put you on the defense of what your intent is, this Council has, quite often, approved massage establishments in the City and to hear your remarks. I think what you were perceived this evening, because there are some bad actors. We have had, unfortunately, instances here where people were using massage establishments in the City of Livonia and I think they are right on Seven Mile has spots where there was human trafficking. So, listen, I, by no means want you to go into this thing thinking your are going to get an unfair shake or that there is an instrumental burning here, because, I think everybody up here is very fair and will be reasonable when we process that separate request. It’s just, being in the industry, I’m sure you can understand, there are bad actors and we’ve dealt with them in the past, that’s why I have to say the things I have previously said, okay? Based on your mannerisms and your way of approaching the situation here, are you an attorney? Almond: No, preacher’s son. Jolly: Certain ways that you spoke there, I am an attorney and I think Mr. Bernier will know what I’m talking about, I don’t know if that’s a good thing or a bad thing or not. Thank you, sir. Bahr: Mr. Donovic? Donovic: Thank you, Chair. For the Petitioners, beautiful, the pictures are awesome and very detailed, you guys run a very nice establishment. Can you explain the licensing process for the individual State licensing process for the individuals that work at these places? Does each individual have to get a license as a massage therapist? Almond: Foot reflexology is exempt in the State law for massage for the reflexology and acupressure. Donovic: Are you just expanding your business so now you’re going to open a second location or are you closing? Almond: It would be a second location, but we would keep that one. It’s eight miles away from the other. Donovic: Ok, and the last question, this is for Mr. Taormina, do we allow neon lights? In one of the pictures, the picture of the front of the building, does Livonia allow neon lights? Taormina: No, in this case no, not at all. I think that’s something the Historic Preservation Commission would have a say in. Donovic: Thank you, Mr. Chair. 8 Bahr: Mr. McCullough? McCullough: I see 630 S. Main, where, what are the crossroads? Almond: It’s the corner of Wing. There’s Anchor Tattoo on the corner, the building next door to us. Another therapy on the South side of us. We’re one block South of Kellogg Square. McCullough: Ok, you said 80% are females. I tell you what, for the couples, I will let my wife know. This is all foot massages, right? Almond: That’s what we specialize in, we do back massage, you saw in one of the pictures, there’s three chairs. I see gentlemen come in all day that’s had bad backs or bad necks and they got their favorite chair. I’ve brought the menu of services and I also have a gift card for $39 foot massage for each one of you to see for yourself what we’re about. Bahr: That won’t be necessary, but that’s very kind of you. Madam President go ahead. McIntyre: We are here for purposes of rezoning and I want to keep focused on that, since we’ve opened the question, I will ask. So, do you only provide, or do you only intend to provide reflexology and acupressure? Almond: Yes. McIntyre: Ok, so you would not be, because your therapist are exempt, they would not be State licensed. Almond: We do have licensed therapists as well. McIntyre: Ok. Almond: The two women in the pictures are both licensed. McIntyre: Ok, got it, thank you. Bahr: I’ve been debating this entire time, whether to let this keep going, but I figured you made the effort to come out here tonight so say what you wanted to say. Frankly, all conversation will maybe save time later too, so, are there any other questions from the audience? Mr. Jolly? Jolly: Mr. Bahr, just want to make sure the record is explicit though. Although it’s nice that you brought gift cards, we absolutely cannot accept, it is not appropriate, but we appreciate it, sorry. Thank you, sir. 9 Almond: Please, go in there, tell them you’re from the City Council, they’ll give you a tour, just to show you what the facility is like and introduce you to our staff. Bahr: Thank you, sir. We do have an approving, don’t we, for this? Are there any other question from Council at this point? I’ll just add the comment in, it’s been said, it’s not uncommon for us to get requests for massage establishments, as Mr. Jolly said, there are some that haven’t been approved, there’s many that we have approved, they all go under heavy scrutiny. Between your comments tonight and the pictures, I actually think you have probably addressed some of the things that we would ask, but that would be something that comes and will more than likely be better weather the next time. Almond: In closing for me, we’re excited about the opportunity to purchase this building, I graduated in interior design and I really want to bring back the grand luster of the interior of this building and make it an exciting, inviting, relaxing environment that the public can come to, where it wasn’t the case for forty years with the lawyer’s office. You really had to have pain to go there, now I think, you know, with the entertainment, with the hospital facility with people waiting, with all the restaurants, we’ve got a captive audience there and I know we’re going to do a lot better, it’s a larger space, there’ll be more chairs and a few extra tables than we currently have in Plymouth. I’m confident this store, or shop will rock the world. Bahr: In this Councilman’s opinion, you’ve represented yourself and your business well tonight, so thanks. We have an approving, it will be on the rd next meeting on March 23 and with that, we’ll close this Public Hearing, thank you. As there were no further questions or comments, the Public Hearing was declared closed at 7:33 p.m.