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HomeMy WebLinkAbout1,199 - May 9, 2023 signedMINUTES OF THE 1,199th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 9, 2023, the City Planning Commission of the City of Livonia held its 1,199th Public Hearing and Regular Meetings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7 p.m. Members present: Wafa Dinaro David Bongero Sam Caramagno Glen Long Peter Ventura Ian Wilshaw Members absent: None Mr. Mark Taormina, Planning Director, and Stephanie Reece, Program Supervisor, were also present. Chairman Wilshaw informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for 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 filing. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2023-04-01-02 FGN Holdings Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2023- 04-01-02 submitted by FGN Holdings under Sections 13.13 and 13.15 of the Livonia Vision 21 Zoning Ordinance, as amended, requesting to rezone the properties at 19380 and 19384 Newburgh Road, located on the east side of Newburgh Road between Seven Mile Road and St. Martins Avenue in the Southwest '% of Section 5, from RUF (Rural Urban Farm) to N1 (Neighborhood). May 9, 2023 30895 Mr. Taormina: Thank you. This is a rezoning petition involving two parcels, which are located on Newburgh Road. The property is on the east side of the road, north of Seven Mile Road. The zoning change would be from RUF (Rural Urban Farm) to N1 (Neighborhood). The north parcel, which is 19384. Newburgh measures 50 feet in width by 202 feet and is currently vacant. The south parcel, 19380 Newburgh, measures 186 feet in width by 202 feet and contains a vacant residential house, as well as a detached garage. Together, the site measures 236 feet by 202 feet for a total area of 47,778 square feet, which is just over one acre in size. The current RUF district requires a minimum lot width of 75 feet and a minimum lot area of 15,000 square feet. The N1 (neighborhood) district, which is proposed, requires a minimum lot area of 6,000 square feet and minimum lot dimensions of 50 feet and 120 feet. The site would be divided into four equal parts. Each lot measures 59 feet by 202 feet for a total area of 11,945 square feet, which is approximately twice the minimum land area requirement for the N1 zoning district. The existing house and garage are in disrepair and would be removed. The subject site is surrounded by residential properties. To the north are single family homes which are on St Martin's within the Willow Woods subdivision. This area is zoned N2. To the east are single family homes on Augusta within the Fox Creek Meadows subdivision. also zoned N2. To the south are residential lots along Newburgh Road zoned RUF and then west across Newburgh Road are residential properties also zoned RUF. The future land use map designates the subject property as low density residential. This corresponds to a density of between one to five dwelling units per acre and a minimum lot area of 7,200 square feet and a minimum lot width of 60 feet. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: Mr. Taormina: The first item is from the Engineering Division, dated April 17, 2023, which reads as follows: `In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed rezoning at this time. The subject parcels are assigned the addresses of #19380 and #19384 Newburgh Road. The existing parcel is currently served by public water main and sanitary sewer. Water Main is located on the east side of Newburgh Road, while the sanitary sewer is located on the west side and will require new crossings for the proposed parcels. (or extend the existing main located to the south of the properties). There is no public storm sewer available to the proposed parcels, although May 9, 2023 30896 there is an open drain to the north of parcel "D". The developer will need to investigate options for the parcels to accommodate the required sump pump drainage, including placing a rear -yard storm system in an easement to service all four parcels." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Finance Department, dated April 17, 2023, which reads as follows: "I have reviewed the address connected with the above noted petition. The following amounts are due to the City of Livonia: Unpaid water and sewer charges: $796.42 Total Due City of Livonia $796.42" The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated April 19, 2023, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted petition. At this time, there are no outstanding amounts receivable for taxes. Therefore, 1 have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. The next letter is from the Assessing Department, dated April 17, 2023, which reads as follows: 'A request has been made by FGN Holdings to rezone the properties at 19380 Newburgh, parcel 019-99-0013- 001(86 acres) and 19384 Newburgh, parcel 019-99- 0003-000 (23 acres). Both parcels are owned by Louis Yeldo with a residential home situated on the 19380 Newburgh parcel. The buildings would need to be demolished in order to facilitate future divisions into (4) parcels. Please direct any questions to the Assessor's Office or Livonia. gov for the lot split and combination process." The letter is signed by Kathie Siterlet, Residential Appraiser. That is the extent of the correspondence. Mr. Wilshaw: Thank you, Mr. Taormina. Do we have any questions for our planning staff? And I don't see any questions. Our petitioner, I believe, is in our audience tonight. Mr. Ventura? Mr. Ventura: Mr. Taormina, in reading the notes that you provided to us tonight, I see that part of the statement says or the approving resolution below can be changed from N1to N2. So, if there was an approving resolution offered, stating, making the change to N2, that can be done right here at the table? Mr. Taormina: Yes, the Planning Commission has the ability under a situation like this, to modify the zoning classification to something that is less intense. You could not do the same on the opposite end. So, you couldn't redirect an approving resolution to a more intense land use classification. Mr. Ventura: Okay. Thank you. May 9, 2023 30897 Mr. Wilshaw: Thank you, Mr. Ventura for a good question. Any other questions for our planning staff? I don't see anything else. Our petitioner, I believe, is in the audience. Please feel free to come forward to our podium. Good evening, we'll ask that you start with your name and address for our record. Louis Yaldo, owner of subject site. Good evening, everyone. I own both of the properties on Newburgh, and I have Frank Hilde, who's my real estate is gonna tell you... Frank Hilde, developer. Mr. Wilshaw: Okay. Good evening, and what else would you like to tell us about your proposal? Mr. Hilde: We would like to put four independent residential properties on there. Houses can range anywhere from 1,500 square feet up to 2,400- 2,500 square feet. Most houses would be anywhere from about 41 feet wide to almost 45 feet wide. We would push the houses back so they're not right off the main road for at least about 30-40 feet deep on the driveways. At least put a reverse pad on there so people can come and get out. At least improve the area instead of ... we know that the current house that's on there right now. Mr. Wilshaw: Okay, and one thing I do want to point out, both for our audience members' benefit. Just as a reminder to all of you, the commission, is that we are looking at a rezoning request at this time. So, most of the focus is going to be on the zoning change that you're requesting. We're not going to probably get too detailed about the actual construction of the houses, what they're going to look like materials, things like that, because that's a process that happens after zoning. So right now, the main focus is this zoning change, appropriate or not? So, with that, is there any questions for our petitioner from any of our commissioners? Mr. Bongero? Mr. Bongero: It might go back to Mark. Do you know on the width of those proposed houses, is that what you're proposing right there? Mr. Hilde: Yep. So, which one did he use? So, that one right there is a Hanten model, that one's going to be 43 feet wide. Mr. Bongero: Okay. Are you open to the idea of trying to go to an N2 versus the N1? May 9, 2023 30898 Mr. Hilde: Yeah, I am. I looked at the whole entire parcel. So, if I take the measurements, I know because last time when we spoke, there was a concern of everything that's heading south on there. There are also the other houses directly south of Lou's house, and then the other two vacant parcels. All the road frontage from start to finish, they add up to 647 feet. If we do end up going to N2 and then they get approved, we get fit nine specific lots at 71.88 road frontage for a lot. So, everything would be equal from start to finish, which means for the current property that he owns, I am able to put the three houses at 71.88, which totals 215.64, and I'd have an additional strip of 20.36 until the owner of the one that South decides to sell whether it's to us if we negotiate a price to anybody else, and whoever buys it, the developer would have to pick up the 20 feet 20.36 that Lou would own in order to finish everything equally nine lots total. Mr. Wilshaw: Thank you. Thank you, Mr. Bongero. Any other questions for our petitioner? Mr. Caramagno: So, to the petitioner, the properties to the south, are you actively looking at that property now? And is there any movement on that? Or is it just against a wall right now? Mr. Yaldo: We made an offer to her. She hasn't yet met with an answer. Mr. Caramagno: So,you made an offer in the last week or last month or... Mr. Yaldo: Yesterday. Mr. Caramagno: Okay, so recently, yeah. come to an agreement, proximately 72 feet wide. Mr. Hilde: Yes. Okay. And so, if she accepts and if you you'll get nine lots. They're all except Mr. Caramagno: They'll all be Newburgh road entry? Mr. Hilde: Yes. It's not deep enough to actually put a road in to go and to make like what are all the houses face the back of the house has to face off Newburgh Road. They'll be all front entry off of Newburgh Road. I'm sorry, you're gonna ask the question about the garage, I believe. Mr. Caramagno: Yeah, they'll all be garage facing Newburgh Road? Mr. Hilde: Yes. May 9, 2023 30899 Mr. Caramagno: No side entry. You won't have room for that. Mr. Hilde: With 71.88 we have different models that we could do a side entry garage. Mr. Caramagno: Okay. Mr. Wilshaw: All right. Thank you. Any other questions for petitioner? I don't see any other... Mr. Ventura: I guess I would ask the petitioner, Mr. Yaldo, you're on the agenda tonight, and we could take a vote on your petition, however, we could table your petition tonight and give you time to work out the possibility of acquiring the land to the south. What would you prefer? Mr. Yaldo: To table. Mr. Ventura: You would prefer to table? Mr. Yaldo: Yep. Mr. Ventura: Okay. All right. Thank you. Mr. Wilshaw: Thank you, Mr. Ventura. Any other questions from any of our commissioners? I think we've exhausted the questions up here. Let's just see if there's anyone in our audience wishing to speak for or against this petition and then we'll have you guys come up right at the end for any last comments. Thank you. Thank you, gentleman. Anyone in our audience wishing to speak for or against this zoning petition? If so, feel free to come forward. Feel free to come forward sir. Mr. Wilshaw: Good evening. Barry Good, 37379 St. Martin, Livonia, Mi. I'm the first property owner going into St. Martin's. My property is 108 wide and then I bought the woods behind it. So, I've got good on 57 yards and 177 yards. Got a deep property there. The homes that we're talking about in this area are anywhere from $300,000 to over $500,000. That was 4,000 square feet homes, you know, finished basements, all that stuff like that. To put right behind my house abutting my property 1,400-foot homes, the devaluation that we're talking about as far as the value of our property is going to be impacted. So, I'm happy to hear that Louis wants to table it, move it down to where it can get more property and go to the 70 some feet. These 79 feet that he was talking about, I don't understand how you guys, we have May 9, 2023 30900 a code or thing that says 75 minimum, we can even entertain going down to 49 feet wide. That's a huge drop. It's not a low- income area. So, I have a problem with the devaluation of the property. A lot of other minor issues, but that's pretty much it. Did I cover it? Mike Miller, 37353 St. Martin, Livonia, MI. I think you did. We live in the house... Mr. Good: Right next to me. Mr. Miller: You got an area where the biggest concern is what we're talking about, you got all these big houses. If you put in four 1,400-1,500 square foot houses, that doesn't even fit the area. I mean, I understand it's a great lot. Somebody wants to put a 4,000 square foot house on it makes all the sense in the world, but putting in a bunch of dinky little houses, nobody's gonna want that and it affects everybody financially. So, I think we should consider that before anything gets moved ahead. Mr. Good: Yeah, that 236 feet, if we divided it into three parcels that takes us to 78.6. That gets you where you want. We could live with that, you know, putting four in that little area of 40 something, that doesn't get it, to help us with the value of our homes. Mr. Wilshaw: Okay. I think we understand what you want. Thank you. Appreciate that. Is there anyone else in our audience wishing to speak for or against this petition? Mr. Yaldo: Say whatever you want. Mr. Wilshaw: There's no one else in the audience wishing to speak on this petition. Does our petitioner have anything else you'd want to say before we make our decision? Mr. Yaldo? Are you all set? Okay, thank you, sir. All right. If there's no other comments, I can close the public hearing. At this time. I will go to the commission for a motion. Motion is in order. Mr. Ventura: I'm gonna offer a motion to table this item for a set period of time to be determined by the Planning Commission or by the Planning Department. So that Mr. Yaldo can further explore the opportunity to purchase land to the south and bring this back with a plan with larger lots. Mr. Wilshaw: Okay, Mr. Taormina, are we looking to do a date uncertain or do you have a set date that... Mr. Taormina: June 13, 2023. May 9, 2023 30901 Mr. Wilshaw: June 13 will be the next appropriate meeting. So, Mr. Ventura, you are okay with June 13? Mr. Ventura: I am. Thank you, Mr. Chairman On a motion by Ventura, seconded by Bongero, and unanimously adopted, it was: #05-25-2023 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on May 9, 2023 on Petition 2023-04-01-02 submitted by FGN Holdings under Sections 13.13 and 13.15 of the Livonia Vision 21 Zoning Ordinance, as amended, requesting to rezone the properties at 19380 and 19384 Newburgh Road, located on the east side of Newburgh Road between Seven Mile Road and St. Martins Avenue in the Southwest'% of Section 5, from RUF (Rural Urban Farm) to N1 (Neighborhood), the Planning Commission does hereby table the item to June 13, 2023. FURTHER RESOLVED, That notice of the above hearing was given. in accordance with the provisions of Section 13.13 and 13.15 of Livonia Vision 21 Zoning Ordinance, as amended. Mr. Wilshaw: There is no discussion on tabling motions. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to the City Council with an approving resolution. ITEM #2 PETITION 2023-03-02-02 Yo Yo Spa 1, LLc Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2023- 03-02-02 submitted by Yo Yo Spa 1 L.L.C. requesting waiver use approval, under Section 6.37 of the Livonia Vision 21 Zoning Ordinance, as amended, to operate a massage establishment at 33316 Plymouth Road, located on the north side of Plymouth Road between Mayfield Avenue and Farmington Road in the Southwest /4 of Section 27. Mr. Taormina: Thank you. This is a waiver -use petition involving a massage establishment called Yo Yo Spa. It would be located within the Fountain Park. commercial development. This is a Planned General Development located at the northeast corner of Plymouth and Farmington Roads, and as a PGD or Planned May 9, 2023 30902 General Development, this was a combination of both residential, as well as commercial construction. The condominium complex is 10 buildings with about 142 units and then there are five commercial buildings including Dollar Tree which is a former Walgreens right at the corner, as well as a multi -tenant retail building, which is where the spa would be located and two full - service branch banks. The massage establishment would be located within the multi -tenant retail building, which is about 12,600 square feet in size. There are seven tenant spaces. The unit that Yo Yo spa would occupy is roughly 1,000 square feet in size. This is located towards the east half of the building. It's between the Tech Smartt and the Lighthouse Smoke Shop. The petitioner has submitted a floor layout which shows the interior layout that includes, as you would expect, a waiting area, a reception office, as well as several individual massage rooms. There's also an employee lunchroom, a storage area and a restroom. Section 6.37 of the zoning ordinances has some special requirements that apply to massage establishments. The first is that it must be separated by at least 400 feet from any other massage establishment as well as a 400-foot separation requirement from any school, place of worship, state licensed daycare facility, public library, playground or public park. Secondly, the operating hours are limited from 8am to 10pm. In this case, there are no other massage establishments within 400 feet of the proposed Yo Yo spa, however, the location does not meet the 400-foot separation requirement from a licensed childcare facility or public park. The Learning Tree childcare center is directly across Plymouth Road, about 122 feet from the subject property, as well as Sheldon Park and the Alfred Nobel library, which are about 277 feet away. So, this will require special approval by City Council. There are no other building or site modifications planned. They'd be allowed one wall sign based on the unit's frontage and the existing parking at the shopping complex is sufficient to handle the traffic from for the proposed spot. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: Mr. Taormina: The first item is from the Engineering Division, dated April 4, 2023, which reads as follows: `In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed waiver use at this time. The subject parcel is assigned the address range of #33302 to #33328 Plymouth Road with the address of #33328 Plymouth Road being assigned to the overall parcel. The existing parcel are currently served by public sanitary May 9, 2023 30903 sewer, water main and storm sewer. Per the submitted drawings, there are no planned alterations to the services, so we do not expect any impacts to the existing systems at this time. I should be noted that any disturbances within the Plymouth Road right- of-way would require the owner to obtain permits from the Michigan Department of Transportation." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated April 23, 2023, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to modify a commercial building on property located at the above referenced address. We have no objections to this proposal. If sprinkler system and fire alarm exist, must be maintained and operational. A further detailed plan review will take place when this division receives an official plan set."The letter is signed by Brian Kukla, Fire Marshal. The next letter is from the Division of Police, dated April 4, 2023, which reads as follows: `7 have reviewed the plans in connection with the petition. I have no objections to the proposal. " The letter is signed by Paul Walters, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated April 21, 2023, which reads as follows: "Pursuant to your request, the above - referenced Petition has been reviewed. 1. The property is closer than 400' to a childcare facility and a park. Council may waive the 400' requirement. This Department has no further objections to this Petition." The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Finance Department, dated May 1, 2023, which reads as follows: V have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated April 11, 2023, which reads as follows: `In accordance with your request, the Treasurer's Office has reviewed the name and addresses connected with the above noted petition. At this time there are no taxes due, therefore I have no objections to the proposal. " The letter is signed by Lynda Scheel, Treasurer. That is the extent of the correspondence. Mr. Wilshaw: Thank you Mr. Taormina. Any questions for our planning staff? I believe the petitioner is in the audience. Feel free to come forward to our podium and introduce yourself. Mr. Wilshaw: Good evening Sherry Liu, representative for applicant. I was here like a couple of weeks ago. This is a Xiaping. She's the manager of their existing... right now is the New Elite and Foot and Body massage, which is also on May 9, 2023 30904 34389 Plymouth Road. So this place, the doctor's office, that as I explained last time is divided by three rooms but without door so we have omitted the doors so totally no doors and we understand that is the library is 277 feet. However, that library I think during the pandemic has been completely closed and so hopefully that we'll be have some consideration. We have a lot of customers for the existing massage place where we provide a Chinese traditional massage and then also Chinese have some physical therapy. And for this new place that what we are planning to do is, including myself and Xiaoping, will be the manager operating both the buildings and we will, at least to the City of Livonia, will create another at least six to eight position, work position for the people and will benefit for the city as well. Thank you. Mr. Wilshaw: Thank you, Miss Liu. Is there any questions for the petitioner? Ms. Dinaro: Miss Liu, do you already have massage location? Or is this a brand new business? Ms. Liu: Oh, we do have one that is in 34389 Plymouth Road. It is on the same Plymouth Road. Yes. They've been operated really well. and we want to expand just because of high demand. We have a lot of customers from Canton, Westland, and also from Farmington Hills and with the existing capacity is cannot be fit all those people. Yeah. Thank you. Mr. Wilshaw: Thank you, Ms. Dinaro. Any other questions for petitioner? Mr. Caramagno. Mr. Caramagno: I've got a couple of questions. How busy is your other spot, the 34000 address? How many days a week is it open? How busy is it? Ms. Liu: Right now, so far, we have the open every day and then it's only got three rooms in there. And then if the people come in like extra number for people because each one would take about 45 minutes to an hour and then we have to have the people to come back so the really busy traffic we have about like right now. The business with we have about very very good the revenue coming in and each day is at least $2,000 through $3,000. Mr. Caramagno: Why do people travel so far to come to your establishment? You said Canton and Farmington Hills. There seems to be a lot of massage establishments around and in most communities why would they come so far to come here? Ms. Liu: Because we also do foot massage and nobody else will do that. May 9, 2023 30905 Mr. Caramagno: You do foot massages? Ms. Liu: A lot of people including one is the former professor in university, Eastern University professor. He has cancer so he's the one that will always come to Xiaoping and this place because he may have like eight to nine months but then you know he lives in Canton. So, he's the one that calling me every time and say I want to go to Xiaoping because they have a very good foot massage and I can't even walk, so those people they have the professional help from the from the medical doctor, however, certain thing that they feel to cover to make them feel relaxed and better. So, foot massages are not like easily for everyone because nobody wants to do it, to be honest with you, but they take that as the very specialty for this location. Mr. Caramagno: Okay, and the last question is you know, you're gonna put people to work, 6,7,8 people I think you said. Ms. Liu: At least we will hire six to eight people in this new place because we have to rotate the shift because basically, we open from 11 o'clock to seven at night. Mr. Caramagno: Now the people that work for you, the technicians, what their title is, I don't know, but will they live in the City of Livonia? where will the employees come from? Ms. Liu: Right now they live in Canton. We have special accommodation for them in Canton condo, but then it like, like I mentioned last time that people that might be from New York because they more experienced but they're the one who's going to be here to train Livonia people. We were trying to hire people that live in the Livonia or around that, you know, that area. So, if they live in Livonia, they have their own home, either no matter it's condo or house or apartment. So, there are local people. We want to hire local people to work here. Thank you. Mr. Wilshaw: Thank you, Mr. Chairman. You know, any other questions for our petitioner? Mr. Wilshaw: I don't see any other questions for our Petitioner from any of our commissioners. Is there anyone in our audience wishing to speak on this item? I don't see anybody in our audience jumping forward. We have one gentleman who is going to come forward. Well, we'll let him speak and then we'll give you another chance. Thank you. Hi, good evening, sir. May 9, 2023 30906 Resident (Chuck), 11714 Farmington Road, Livonia, MI. So, I live right behind there, okay? My biggest concern is a lot of the traffic there. I mean, we have stop signs that get run all the time. We have no place to park. If I have somebody over my house or my condo, they are going to have to park over at and Larry's walk across the street to get to my house. A lot of my issues there. Cinco de Mayo, when the Las Palapos opened, there were a lot of fire lanes blocked. So, if an ambulance had to get up or fire trucks had to get up, and nobody was there to be concerned about it. There was a 41h of July weekend one time, and the big dumpster was full of rotten food. Rats. It wasn't very pleasurable. So, I'm trying to cook for my July barbecue and I'm staring at a dumpster full of food. So, my biggest fear is the traffic, and nobody wants to control it. There is no control from the City Council, Ordinance, Planning Commission, I mean, they want to open a business, I don't care, but I mean, where are the employees gonna park? Mr. Wilshaw: Okay. I appreciate your concern. So, can we get your name just... Resident: Chuck. Mr. Wilshaw: Chuck. Okay. Thank you, sir. Appreciate your comments. Anyone else in the audience wishing to add anything to this item for or against? Miss Liu? Is there anything else that you or Xiaoping would like to add before we make our decision? Mr. Wilshaw: Yeah, please come forward, so the microphone can pick you up. Ms. Liu: Yeah, she just wanted me to say that she'd been in the same location, not the same. I mean, same street that was mentioned earlier that she's managing right now. Since 2014. Mr. Wilshaw: Okay, that's the other location on Plymouth Road correct? Ms. Liu: Yes. Mr. Wilshaw: Okay. Yep. I appreciate that comment. If there's no other comments or questions from any of our commissioners, I don't see anything else. I will close the public hearing and ask for a motion. On a motion by Bongero, seconded by Dinaro, was RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on May 9, 2023, on Petition 2023-03-02-02 submitted by Yo Yo Spa 1 L.L.C. requesting May 9, 2023 30907 waiver use approval, under Section 6.37 of the Livonia Vision 21 Zoning Ordinance, as amended, to operate a massage establishment at 33316 Plymouth Road, located on the north side of Plymouth Road between Mayfield Avenue and Farmington Road in the Southwest 'Y4 of Section 27, the Planning Commission does hereby recommend to the City Council that Petition 2023- 03-02-02 be approved subject to the following conditions: 1. The use of a massage establishment at this location is allowed, provided the City Council waives the requirement under Section 6.37(3) that no massage establishment shall be located within four hundred feet (400') of a daycare facility and park. 2. The massage treatment rooms shall not have doors, as shown on the floor plan submitted on May 3, 2023. 3. This waiver is limited to this petitioner and can only be transferred to another user with approval by the City Council. 4. The petitioner shall comply with all other special waiver use standards and requirements outlined in Section 6.37 of the Zoning Ordinance and Chapter 5.49 of the Livonia Code of Ordinances, and 5. The Petitioner shall not engage in any form of solicitation for business within the public right-of-way of Plymouth Road. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 of Livonia Vision 21 Zoning Ordinance, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Bongero, Dinaro, Long NAYS: Ventura, Caramagno, Wilshaw ABSENT: None ABSTAIN: None Chairman Wilshaw declared the resolution failed due to lack of majority. On a motion by Ventura, seconded by Caramagno, and adopted, it was: #05-26-2023 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on May 9, 2023, on Petition 2023-03-02-02 submitted by Yo Yo Spa 1 L.L.C. requesting May 9, 2023 30908 waiver use approval, under Section 6.37 of the Livonia Vision 21 Zoning Ordinance, as amended, to operate a massage establishment at 33316 Plymouth Road, located on the north side of Plymouth Road between Mayfield Avenue and Farmington Road in the Southwest '% of Section 27, the Planning Commission does hereby recommend to the City Council that Petition 2023- 03-02-02 be denied for the following reasons: The petitioner has failed to comply with all general standards and requirements outlined in Sections 1.02 and 13.13 of the Livonia Vision 21 Zoning Ordinance. 2. The proposed use fails to comply with the Zoning Ordinance standard outlined in Section 6.37(3), which specifies that no massage establishment shall be located within four hundred feet (400') of a daycare facility and park. 3. The petitioner has not adequately established a need for the proposed use in this shopping center or the immediate area. 4. The petitioner has not sufficiently demonstrated that the proposed use would be compatible with and in harmony with the surrounding uses in the area; and 5. The proposed use is contrary to the goals and objectives of the Zoning Ordinance, which, among other things, are intended to ensure the suitability and appropriateness of uses. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 of Livonia Vision 21 Zoning Ordinance, as amended. A roll call vote was taken on the foregoing with the following result: AYES: Ventura, Caramagno, Long, Wilshaw NAYS: Dinaro, Bongero ABSENT: None ABSTAIN: None Mr. Wilshaw, Chairman, declared the motion is denied. You will have 10 days in which you can appeal this decision in writing to the City Council. ITEM #3 PETITION 2023-04-02-03 Wade Shows Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2023- 04-02-03 submitted by Wade Shows, Inc. requesting waiver use May 9, 2023 30909 approval pursuant to. Sections 3.11 and 6.56 of the Livonia Vision 21 Zoning Ordinance, as amended, to conduct a carnival in the parking lot of the former Sears, sponsored by the Livonia AM Rotary Club, consisting of amusement rides, games, and food concessions from July 13, 2023, through July 23, 2023, on the property at 29500 Seven Mile Road, located on the northwest corner of Seven Mile and Middlebelt Roads in the Southeast Y4 of Section 2. Mr. Taormina: Thank you. This year's Livonia AM Rotary Club carnival will be held from July 13 through July 23, 2023. The hours of operation are as follows: Monday through Friday, 4 pm to 11 pm, and then on the weekends, Saturday and Sunday from 12 pm to 11 pm. Monday, July 24 is when the carnival will be closed and dismantled. The carnival area is the same as it has been for the past several years. It measures approximately 660 feet in an east -to -west direction by about 320 feet in a north -to -south direction. The north limit, as you can see, is the main drive aisle that extends across the former Sears parking lot and provides ingress and egress from Middle Belt Road to Livonia Marketplace. That driveway will remain open. The carnival consists of two main components. The first is the actual carnival, or midway, in the southeast corner of the parking lot, and the other is the RV parking and storage area in the southwest corner. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: The first item is from the Engineering Division, dated April 18, 2023, which reads as follows: `In accordance with your request, the Engineering Division has reviewed the above referenced waiver use approval request. The address of #29500 Seven Mile Road is correct for the subject parcel, and should be used in connection with this petition. We have no objections to the proposed petition, although the following items should be noted: 1. Should the carnival have the need to occupy, or should any of the associated activities impact either of the Seven Mile Road or Middlebelt Road right-of-way, a permit from Wayne County will be required as both roads are under their jurisdiction. 2. All sanitary sewage from the site, recreational vehicles or campers shall be disposed of properly. 3. Should the operators need to have water provided for their facilities, they should contact the City of Livonia Water Department to obtain the proper equipment, including a water meter with backflow preventer." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated April 23, May 9, 2023 30910 2023, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for a carnival on the property located at the above referenced address. We have no objections to this proposal with the following stipulations: 1.Carnival rides and attractions must be inspected, certified and stickered that is current with the State of Michigan requirements for carnivals, PRIOR to inspection by this AHJ. 2.All cooking operations must comply with the State of Michigan and NFPA codes. Suppression systems are required to be inspected and in compliance with current codes and tagged when compliance is met by a certified, licensed service provider. 3.Certified fire extinguishers at every attraction and ride and readily accessible for trained operators in the use of fire extinguishers. IF THE ABOVE REQUIREMENTS ARE NOT IN PLACE PRIOR TO AHJ INSPECTION, OPERATIONS OF THIS CARNIVAL WILL NOT COMMENCE UNTIL FULL COMPLIANCE WITH FIRE CODE IS MET. A further detailed plan review will take place when this division receives an official plan set."The letter is signed by Brian Kukla, Fire Marshal. The next letter is from the Division of Police, dated April 18, 2023, which reads as follows: `I have reviewed the plans in connection with the petition. I have no objections to the proposal." The letter is signed by Paul Walters, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated April 24, 2023, which reads as follows: "Pursuant to yourrequest, the above -referenced Petition has been reviewed. 1. Permits and inspections will be required for this proposed carnival. A pre - event meeting will be required with the Director of Inspection, Fire Marshal, and the Public Emergency Manager prior to filing the required permits. This Department has no further objections to this Petition." The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Finance Department, dated April 19, 2023, which reads as follows: "I have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated April 19, 2023, which reads as follows: `In accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted petition. At this time, there are no outstanding amounts receivable for taxes. Therefore, 1 have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. That is the extent of the correspondence. Mr. Wilshaw: Thank you, Mr. Taormina. I had to lookup AHJ. It means Authority Having Jurisdiction, I believe. So, if anybody was wondering. All May 9, 2023 30911 right, thank you. Is there any questions for our planning staff? Other than acronym definitions? Thank you. If not, Miss Hardesty is here. Good evening. Good to see you. Joanna Hardesty, Wade Shows. It's good to see you guys. It's great to be back this year. Again. We were a little nervous there for a little bit. But we're back. Mr. Wilshaw: Well, welcome back. And what would you like to tell us about your carnival over here? Ms. Hardesty: Same old, same old. Same thing as we've done in years past, it's been very successful, and nothing will change. It'll be the same number of rides. We will not be on the road right away. We know all about the permit process. And we take care of all of that. So nothing new. Nothing. Mr. Wilshaw: All right. Sounds good. Any questions for our petitioner? This is, this is a good sign of questions for you. anyone in our audience wishing to speak for against this item? I don't see anybody else running forward to talk about the carnival. I will close the public hearing and ask for a motion. On a motion by Long, seconded by Bongero, and unanimously adopted, it was: #05-27-2023 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on May 9, 2023, on Petition 2023-04-02-03 submitted by Wade Shows, Inc. requesting waiver use approval pursuant to Sections 3.11 and 6.56 of the Livonia Vision 21 Zoning Ordinance, as amended, to conduct a carnival in the parking lot of the former Sears, sponsored by the Livonia AM Rotary Club, consisting of amusement rides, games, and food concessions from July 13, 2023, through July 23, 2023, on the property at 29500 Seven Mile Road, located on the northwest corner of Seven Mile and Middlebelt Roads in the Southeast % of Section 2., the Planning Commission does hereby recommend to the City Council that Petition 2023-04-02-03 be approved subject to the following conditions: The carnival shall be limited to July 13 through July 23, 2023. 2. The carnival shall be confined to the areas illustrated on the plan received by the Planning Commission on April 18, 2023. May 9, 2023 30912 3. All rides, food concessions, booths, and other equipment and apparatus relating to the carnival operation shall be at least sixty feet (60') from the rights -of -way of Seven Mile and Middlebelt Roads. 4. The temporary housing and storage of trucks and equipment associated with the carnival shall be in the property's southwest corner, as shown on the plan, no closer than sixty feet (60') from the right-of-way of Seven Mile Road. 5. The hours of operation shall be limited to Monday through Friday from 4:00 p.m. to 11:00 p.m., and on Saturday and Sunday, from 12:00 p.m. to 11:00 p.m., and 6. Permits and inspections are required. Wade Shows shall request a pre -event meeting with the Director of Inspection, Fire Marshal, and Emergency Preparedness. Subject to the preceding conditions, this petition is approved for the following reasons: 1. The proposed use complies with all of the special and general waiver use standards and requirements outlined in Sections 6.56 and 13.13 of the Livonia Vision 21 Zoning Ordinance, as amended. 2. The site can accommodate the proposed use. 3. The carnival will not disrupt the normal traffic flow and circulation in the area and will not impede access to neighboring properties. 4. No reporting City department objects to the proposed use. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 of Livonia Vision 21 Zoning Ordinance, as amended. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 PETITION 2022-12-01-02 St. Mary Basilica May 9, 2023 30913 Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2022- 12-01-02 submitted by Basilica of St. Mary under Sections 13.13 and 13.15 of the Livonia Vision 21 Zoning Ordinance, as amended, requesting to rezone parts of the properties at 18100 Merriman Road and 30600 Brookview Drive, located on the east side of Merriman Road between Mayville Drive and Seven Mile Road in the Northwest % of Section 11, from P-L (Public Lands) to NM3-I (Neighborhood Multifamily — Maximum 4 Stories), Mr. Wilshaw: Mr. Taormina the petitioners requested to have this item remain on the table do we need because it was tabled to this specific data? We need to remove it and then just read table it? Or can we keep it on the table from a procedural standpoint? Mr. Taormina: That's a good question. I think in the past a few had removed and then...I think to be on the safe side... Mr. Wilshaw: The item is currently tabled. Is there someone willing to make a motion to remove this item from the table? On a motion by Long, seconded by Ventura, and unanimously adopted, it was: #05-28-2023 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on May 9, 2023, Petition 2022- 12-01-02 submitted by Basilica of St. Mary under Sections 13.13 and 13.15 of the Livonia Vision 21 Zoning Ordinance, as amended, requesting to rezone parts of the properties at 18100 Merriman Road and 30600 Brookview Drive, located on the east side of Merriman Road between Mayville Drive and Seven Mile Road in the Northwest ''/< of Section 11, from P-L (Public Lands) to NM3-I (Neighborhood Multifamily — Maximum 4 Stories), the Planning Commission does hereby remove the item from the table . Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Wilshaw: The petitioner has asked to have this item remain on the table to the date of July 25, 2023. Okay. And historically, the Commission always honors requests from petitioners to table their items. So, if there's no objection from any of our commissioners, someone is free to make a motion to table this item to the date of July 25, 2023. On a motion by Long, seconded by Dinaro, and unanimously adopted, it was: May 9, 2023 30914 #05-29-2023 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on May 9, 2023, Petition 2022- 12-01-02 submitted by Basilica of St. Mary under Sections 13.13 and 13.15 of the Livonia Vision 21 Zoning Ordinance, as amended, requesting to rezone parts of the properties at 18100 Merriman Road and 30600 Brookview Drive, located on the east side of Merriman Road between Mayville Drive and Seven Mile Road in the Northwest % of Section 11, from P-L (Public Lands) to NM3-1 (Neighborhood Multifamily — Maximum 4 Stories), the Planning Commission does hereby table the item to July 25, 2023. Mr. Wilshaw: There is no discussion on tabling motions. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #5 PETITION 2023-04-08-01 Dairy Queen Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2023- 04-08-04 submitted by Haidous Brothers Livonia L.L.C., on behalf of Dairy Queen, requesting approval of all plans required by Sections 3.11 and 13.13 of the Livonia Vision 21 Zoning Ordinance, as amended, in connection with a proposal to redevelop the site, including reconfiguring the parking lot and drive-thru facilities, add an outdoor patio area and remodel the interior and exterior of the restaurant (former Steak N Shake) at 17200 Middlebelt Road, located on the east side of Middlebelt Road, north of Six Mile Road, in the Southwest % of Section 12. Mr. Taormina: Thank you. This is a request to renovate the former Steak N Shake restaurant on Middle Belt Road just north of Six Mile Road. Steak N Shake received approval in 1999. The restaurant remained in operation until 2019. The building has been vacant since then. The site is about 3.9 acres in size. A significant portion of the property borders the Tarabusi Creek within a regulated floodplain and zoned RUF(Rural Urban Farm). The building is south of a floodplain on a portion of the property zoned C-2. The building is about 3,700 square feet in size. You'll see from the aerial photograph that there's parking available on all four sides of the building with drive-thru window service on the north side. The site lies next to a Walgreens pharmacy and Gordon's Food Service. Access is available via a two-way drive on Middle Belt Road. There's also a shared driveway with Walgreens to the south. Steak N Shake was approved with a total of 99 customer seats. The proposed Dairy Queen would have 98 seats, including 64 interior and 36 patio seats. Four parking spaces would be May 9, 2023 30915 removed along the front of the building to make room for the 22- foot by 47-foot outdoor patio. There would be a wrought iron fence around that patio seating area. The patio seating plan shows a total of nine tables. The landscaping is in very good condition. This was discussed at the study session. This is the updated landscape plan, which shows additional foundation plantings and additional shrubbery along Middle Belt Road. It also provides plantings in the island area created where the drive -up service stacking lane would be expanded. The drive-thru is a slightly different arrangement than what Steak N Shake had. For years, the drive -up operated, for the most part, directly behind the building. It commenced on the south side and then wrapped directly around the back of the building. The new plan extends the drive-thru lane further east creating a new landscape island by removing roughly 17 parking spaces behind the building. This increases the stacking distance for vehicles utilizing the drive-thru lane. There's still a full bypass lane and delivery vehicles can access the back of the store. The parking requirement is 32 spaces. This plan shows 34 spaces. Even eliminating the 17 spaces, the plan complies with the zoning regulations. In terms of the building design, there will be several changes. The brick will be painted. There are wing walls on all four corners of the building that would be removed. You can see the color scheme combines grays, reds, and other colors. The brick would be painted, with some areas containing E.I.F.S. and metal panels that would be added to the building. The interior would be completely remodeled. Regarding signage, the main sign on the front of the building complies with the ordinance. This revised plan shows an additional sign on the south side of the building that conforms with the new zoning regulations, which were adopted by the City Council just last night. Also shown is a ground sign that would comply with the zoning regulations. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: The first item is from the Engineering Division, dated April 17, 2023, which reads as follows: `In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed project at this time. The subject parcel is assigned the address of #17200 Middlebelt Road. The legal description provided with the submitted drawings appears to be correct and should be used in conjunction with this proposal. The existing parcel is currently served by public sanitary sewer and water main, as well as private storm sewer. Per the submitted drawings, there are no planned alterations to the services, so we do not expect any May 9, 2023 30916 impacts to the existing systems at this time. It should be noted that any disturbances within the Middlebelt Road right-of-way would require the ownerto obtain permits from the Wayne County Department of Public Services." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated April 23, 2023, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to modify a commercial building on property located at the above referenced address. We have no objections to this proposal. 1. If sprinkler system and fire alarm exist, must be maintained and operational. 2. Provide Plans and Permits for Hood and Duct with suppression system. A further detailed plan review will take place when this division receives an official plan set."The letter is signed by Brian Kukla, Fire Marshal. The next letter is from the Division of Police, dated April 14, 2023, which reads as follows: `9 have reviewed the plans in connection with the petition. I have no objections to the proposal."The letter is signed by Paul Walters, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated April 24, 2023, which reads as follows: "Pursuant to your request, the above - referenced Petition has been reviewed. 1. The parking lot shall be repaired and restriped as necessary. Parking spaces shall be 10' wide and 20' deep and double striped. 2.The signage shall conform to Livonia Vision 21 Zoning Ordinance. Any excess signage would require a variance from the Zoning Board of Appeals. This Department has no further objections to this Petition." The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Finance Department, dated April 17, 2023, which reads as follows: "I have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated April 19, 2023, which reads as follows: `In accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted petition. At this time, there are no outstanding amounts receivable for taxes. Therefore, I have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. That is the extent of the correspondence. Mr. Wilshaw: Thank you, Mr. Taormina. Any questions for planning staff? Our petitioner is very trailblazing to have the sign conform to the ordinance that was just passed last night. That's very quick. I like that. Is there no question for our planning staff, I believe our petitioner is in the audience. Feel free to come forward to our podium. Good evening, gentlemen. May 9, 2023 30917 Sam Haidous, Alex Haidous, and Joe Haidous. Good evening, commissioners. Mr. Wilshaw: The whole team is here. All right, anything else that you'd like to add to what you've already heard tonight? Mr. Haidous: Not really. We are just looking forward to bringing this project to the city and presenting it as family oriented. That's about it. Mr. Wilshaw: Okay. Mr. S. Haidous: We are looking forward to hopefully hiring about 40-50 younger kids. I mean, we love to work together. Mostly high schoolers. So, we're looking forward to it. Mr. Wilshaw: All right, excellent. Let's see if we have any questions for you from any of our commissioners. Anyone have a question for our petitioner? Mr. Caramagno. Mr. Caramagno: Tell me about the spoon on the side of the building. What is that? Mr. S. Haidous: So, you can eat out of it. Just kidding. It's just a signature that the Dairy Queen came out in 2019, 1 believe. Mr. Caramagno: Is it painted on the wall or an actual spoon? Mr. S. Haidous: It is an actual spoon. We have in our current locations in Taylor and Monroe, and its crazy how many people love it and love to take pictures with it, and it's like, they come to this location just for the picture with the spoon. Mr. Caramagno: Hopefully to buy ice cream too. Mr. J. Haidous: They hold their Blizzard upside down. Mr. Caramagno: What's it made out of? Mr. S. Haidous: Foam and there's a protection layer on like plastic protection layer from the outside. Mr. Caramagno: Does it become damaged? Mr. S. Haidous: No. It cost an arm and a leg. Mr. Caramagno: Cost an arm and a leg? Mr. S. Haidous: Yes, it does. May 9, 2023 30918 Mr. Caramagno: Okay, thank you. Mr. S. Haidous: When you come and we open, you can take a picture with it. Mr. Caramagno: No worries. I'll be there. IT be there. Mr. Wilshaw: Mr. Taormina, I believe the location and Plymouth Road which is a different owner. I believe that has the spoon as well. Is that correct? Mr. Taormina: You know, I was just wondering the same thing. Mr. Wilshaw: I can't remember if that was... Mr. S. Haidous: They do. It's a must from corporate. Mr. Wilshaw: Okay. All right. We got the spoon issue addressed. Is there any other questions from any of our commissioners? Mr. Ventura. Mr. Ventura: Can you tell us how soon you'd be open? Mr. A. Haidous: How soon? Sooner than the Plymouth one. (Laughter) Mr. A. Haidous: The sooner Council approves this... the plan is to open sometime this year. Mr. J. Haidous: When we get possession and start working on the building, it will take about three to four months after. That's how long it usually takes us. So, it all depends on when we start. Mr. Ventura: Great. Thank you. Mr. Wilshaw: Thank you. Any other questions for our petitioner? I believe this is a larger building than the one that's on Plymouth Road. Is that correct? Mr. A. Haidous: That is correct. It seats less and it's smaller in the back. Mr. Wilshaw: Okay, so you'll have a much"larger interior dining area. Okay, good. All right. Any other questions from anyone? Mr. A Haidous: I believe the one on Plymouth should be opening in the next month or so. I think they're opening on the 231d. or it was the 18th or one of those...10 days or so. May 9, 2023 30919 Mr. Wilshaw: Yeah, it's on the verge of opening soon, I think. All right. And just so anyone in our audience understands and it was kind of explained at the study meeting, that this is really an initiative by Dairy Queen to grow as a brand as a full restaurant as opposed to just the ice cream service. Mr. S. Haidous: Correct. So, this is not just ice cream. This is going to be a full menu that Dairy Queen now carries, and Dairy Queen is no longer approving any ice cream stores only. They must be the combination of food and treat. Mr. Wilshaw: Okay. Mr. A. Haidous: That's where they get the Word Grill & Chill from. Mr. Wilshaw: All right, excellent. If there's no other questions from any of our commissioners, and there's no one else in our audience to speak on this item. A motion would be an order. On a motion by Dinaro, seconded by Bongero, and unanimously adopted, it was #05-30-2023 RESOLVED, That the City Planning Commission does hereby recommend to the City Council that Petition 2023-04-08-04 submitted by Haidous Brothers Livonia L.L.C., on behalf of Dairy Queen, requesting approval of all plans required by Sections 3.11 and 13.13 of the Livonia Vision 21 Zoning Ordinance, as amended, in connection with a proposal to redevelop the site, including reconfiguring the parking lot and drive-thru facilities, add an outdoor patio area and remodel the interior and exterior of the restaurant (former Steak N Shake) at 17200 Middlebelt Road, located on the east side of Middlebelt Road, north of Six Mile Road, in the Southwest '/4 of Section 12., be approved subject to the following conditions: 1. The Architectural Site Layout identified as sheet number A1.1, dated April 28, 2023, as revised, prepared by James E. Wilkerson A.I.A., is approved and shall be adhered to. 2. The parking lot shall be repaired, resealed, and restriped as necessary to the satisfaction of the Inspection Department. Parking spaces shall be appropriately sized and marked, including any barrier -free space(s) as may be required by the State of Michigan. May 9, 2023 30920 3. The Landscape Plan & Plant List identified as sheet number L1.1, dated April 28, 2023, as revised, prepared by James E. Wilkerson A.I.A., is approved and shall be adhered to. 4. That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and, after that, permanently maintained in a healthy condition. 5. All disturbed lawn areas, including road rights -of -way, shall be sodded instead of hydroseeding. 6. The Elevations plan identified as sheet numberA3.1, dated April 28, 2023, as revised, prepared by James E. Wilkerson A.I.A., is approved and shall be adhered to. 7. All rooftop mechanical equipment shall be concealed from public view on all sides by screening compatible with other building exterior materials. 8. This restaurant's maximum customer seating count shall be ninety-eight (98). 9. The three walls of the dumpster enclosure shall be constructed of brick veneer. The gates shall be solid steel or durable, long-lasting panel fiberglass. 10. All light fixtures shall not exceed twenty feet (20') in height and shall be shielded to minimize glare trespassing on adjacent properties and roadways. 11. 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. 12. No unshielded LED light band or neon shall be permitted on this site, including the building or around the windows. 13. Unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers, or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited. 14. That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy; and, May 9, 2023 30921 15. Under Section 13.13 of the Livonia Vision 21 Zoning Ordinance, this approval is valid for one year only from the date of approval by the City Council. Unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to the City Council with an approving resolution. ITEM #5 APPROVAL OF MINUTES 1,198th Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,198th Public Hearing and Regular Meeting held on April 18, 2023. On a motion by Bongero, seconded by Long, and unanimously adopted, it was: #05-31-2023 RESOLVED, That the Minutes of 1,198th Public Hearings and Regular Meeting held by the Planning Commission on April 18, 2023, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Bongero, Long, Ventura, Wilshaw NAYS: None ABSENT: None ABSTAIN: Dinaro, Caramagno Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously ad Hearings and Regular Meeting held on May 9, 2023, w w CITY PLANI Sam Caramagno, ATTEST: Ian Wilshaw, Chairman the 1,199th Public rued at 8:06 p.m. 10101tgh,1&1:1IQ"41