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HomeMy WebLinkAboutPLANNING MINUTES 2019-10-08MINUTES OF THE 1,1491" PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 8, 2019, the City Planning Commission of the City of Livonia held its 1,149th Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7:00 p.m. Members present: David Bongero Sam Caramagno Glen Long Betsy McCue Carol Smiley 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. Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2019- 09-02-13 submitted by Children's Paradise Inc. requesting waiver use approval pursuant to Section 9.030) of the City of Livonia Zoning Ordinance #543, as amended, to operate a child day care center at 9424 Newburgh Road, located on the southeast corner of Newburgh Road and Ann Arbor Trail in the Northwest '/ of Section 32. October 9, 2019 29370 Mr, Taormina: This is a request to operate a day care center that would be called Children's Paradise. This property is located at the southeast corner of Newburgh Road and Ann Arbor Trail. The property is 0.46 acre in size. It includes 103 feet of frontage on Ann Arbor Trail and 195 feet of frontage on Newburgh Road. The zoning is OS (Office Services). The site presently contains an empty one- story, 1,850 square foot building. There are about 18 parking spaces located in the parking lot on this site. The subject property was originally developed as a gas station. This was in late 1950's and it operated as such until the mid to late 1970's. There were subsequent attempts to redevelop the property to include a restaurant and a party store, but both of these were rejected. In 1979, the site was rezoned from commercial to PS, which is an office classification. That was done by the Planning Commission on its own motion. In 1980 permission was granted to convert the vacant non -conforming gas station into a medical office building. In 1986 approvals were granted allowing the site to be used for general office purposes. It has remained that way ever since. The regulations pertaining to childcare nurseries falls under Section 9.030) of the Zoning Ordinance. This is a use that requires waiver -use approval in the OS district. Looking at the surrounding land uses, immediately to the east is Cade Meadows Condominiums, zoned R-1 (One family Residential). There is a vacant parcel immediately to the south that is owned in common with this site. To the north across Ann Arbor Trail is a church, as well as residential homes. The facility would be licensed to provide care for 20 — 30 children. Ranging from infants to preschoolers. The floor plan that was submitted with the application shows the lobby, a separate preschool and infant/toddler room, a kitchen and separate restroom facilities. Access to the site is provided via two driveways. There is one on Newburgh Road, as well as one on Ann Arbor Trail. The Zoning Ordinance requires that there be a minimum outdoor play space of at least 5,000 square feet. The proposed outdoor play area in this case would be located immediately adjacent to the south side of the building, and it totals 2,260 square feet. This area is presently grass. There is a tree located in the area that I believe will be removed. Approval of the smaller play area is something that can only be done by City Council. The play area would be surrounded by either a five-foot high chain --link or a wooden privacy fence. We do not have details relative to how that play space will be improved. Required parking is based on one parking space for each employee plus enough off-street space for the safe and convenient loading and unloading of students. Again, the plan shows sixteen striped parking spaces. This includes six along Ann Arbor Trail on the north side of the site and October 9, 2019 29371 an additional ten spaces on the west side, adjacent to Newburgh Road. There is no trash dumpster shown with this proposal. There is a requirement for a minimum five-foot masonry wall along the east side of the property where this site abuts the residential district. Currently, there are two fences between the non-residential use and the adjacent Cade Meadows development. There is a chain -link fence on the office property and a separate white vinyl fence that has been installed along the rear yards of the homes in Cade Meadows. A wall was never built on the commercial properties. Our records indicate that the Zoning Board of Appeals has granted several consecutive five- year wall waivers. The last one was issued in 2000. Around 2015, the previously vacant land to the east was developed with Cade Meadow site condominiums. This site does not qualify for a permanent greenbelt due to the setbacks of the building, and the location of the parking lot and the inability to meet the minimum requirements in terms of establishing a landscape buffer. The alternatives are to either build the wall or the owner could pursue another temporary or permanent variance with the Zoning Board of Appeals. Thirdly, they could seek the approval of the neighbors to the east. That is something that is available in the zoning ordinance. It can be done in five-year increments. There are no exterior building modifications shown. The petitioner would be allowed one wall sign totaling 16 square feet. These are some photographs of the building to give you a better understanding of the site and the characteristics of the site. it is primarily a brick building with a shingled fagade. This is a photograph of the area that would be used for the play area for the students. 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 September 11, 2019, 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 existing parcel is assigned the address of #9424 Newburgh Road. The legal description provided appears to be correct and should be used in conjunction with this petition. The existing parcel is currently serviced by public water main, sanitary sewer and storm sewer which is under the jurisdiction of the City of Livonia. The information submitted does not show proposed alterations for the utility services, so it does not appear that there will be any impacts to the existing systems. It should be noted that should the developer need to do any work within the Newburgh Road or Ann Arbor Trail right -of- October 9, 2019 29372 way's, detailed site plans will need to be submitted to this department." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated September 20, 2019, which reads as follows: " This office has reviewed the site plan submitted in connection with a request to operate a child day care center on property located at the above referenced address. We have no objections to this proposal."The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated September 13, 2019, which reads as follows: "i have reviewed the plans in connection with the petition. 1 have no objections to the proposal." The letter is signed by Brian Leigh, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated October 8, 2019, which reads as follows: "Pursuant to your request, the above referenced Petition has been reviewed. 1. The parking lot needs to be repaired as necessary and restriped. 2. The parking spaces are to be double striped and 10' x 20'. 3. There is no dumpster enclosure. The Commission and/or Council may wish to address this. This Department has no further objections to this Petition. 1 trust this provides the requested information." The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Finance Department, dated September 13, 2019, which reads as follows: "1 have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, 1 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 September 11, 2019, 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 1 have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Mr. Long: I also noticed in our package that there is a printout from the DEQ. Mr. Taormina: Yes, I did include that. I don't have it in the slideshow. The question came up at the study meeting relative to the former use of this property as a gas station. I think there was a question from one or more of the Commissioners addressing the issue of environmental studies for this site and whether or not there was evidence of closure. We did check the database that is maintained by the DEQ previously, but now LARA. It indicates that the site is still classified as open. What exactly that means I October 9, 2019 29373 am not really sure. It just hasn't been officially closed by either agency in terms of the underground storage tank removal. We believe all of the tanks have been removed based on some of the records we have on file. When there was a leak detected, I am not exactly sure. There is some notification of that presented in the data. It just doesn't indicate that there was final closure on the issue, so we are not sure of the current status. Mr. Ventura: Mr. Taormina, is there a way to get a final answer as to whether or not there are any contaminants left or not? Mr. Taormina: That would require a Phase I, and if it proceeds to a Phase II Environmental Audit, typically that is when it is determined whether there is any issues related to underground contamination. Mr. Ventura: So, there is nothing in the record now that lets us know... Mr. Taormina: Not in the city records. What I could find was what you have in the packet. Mr. Wilshaw: Any other questions for our Planning staff? Ms. McCue: I would think the only other option related to that was to go back to the owner of the property and see if he has the environmental. The original environmental. They will always have a copy. If they have gotten this far, they have an original environmental somewhere. That would be my thought. Mr. Wilshaw: Any other questions for the planning staff? Mr. Wilshaw: Is the petitioner here this evening? We will need your name and address for the record please. Felicia Guess, 35688 Garner Street, Romulus, MI 48174. Mr. Wilshaw: Is there anything you would like to add to the presentation that you have heard so far? Ms. Guess: The owner is here. I think all of the questions that needed to be answered that we had would actually be addressed to him. Mr. Wilshaw: Good. We may very well have questions that he can help us with. We will see first if there are any questions for you and then we will go from there. Any questions for our petitioner? October 9, 2019 29374 Ms. Smiley: Good evening. Do you know what the licensing requirement for outdoor playground is with that many children? Ms. Guess: Yes. It is 2,500, but only the preschool would be going out and so with the 20 to 30 it would only be 15 preschoolers anyway and the rest of them would be infants or toddlers. Ms. Smiley: So, it is 2,500 though? Ms. Guess: Yes. Ms. Smiley: Are you going to be the person on the license? Ms. Guess: Yes. Ms. Smiley: So, you have a background in early childhood or child development? Ms. Guess: I do. Ms. Smiley: So, your licensable? That is my first question. Ms. Guess: Yes, ma'am. Ms. Smiley: Is there an indoor play area? Ms. Guess: It will be a small play area for them to play and the way we will position the preschool room and then in the infant/toddler room of course they would have floor space for them to be able to learn how to body... small motor skills. All that would be in each classroom. Ms. Smiley: Okay. Good. Those were my questions for now. Mr. Wlshaw: Any other questions for our petitioner? Mr. Caramagno: Do you operate a childcare business now and if so, where? Ms. Guess: No, not currently. We had one in Inkster for 15 years ago. I went to work after that, after my children grew up so not at this current time, no. Mr. Caramagno: Did you operate out of a building or out of a house? Ms. Guess: Out of a home. Mr. Caramagno: How many children did you manage there? October 9, 2019 29375 Ms. Guess: We had 12 at a time because it was a group home. You can only have 12. 1 had children 24-hours. I was seven days a week. Mr. Caramagno: How many employees did you have? Ms. Guess: I had seven employees. Anybody in my home had to also go through the process of being screened and making sure everybody was good. So, my family also helped. Mr. Caramagno: How many employees would you have here working for you? Ms. Guess: We are going to have ten. It is going to be myself, and my daughter who will be the owners. We will have three infant teachers and the other ones would be in the preschool area. We will also be instructors if we had to be, not only being the directors. Mr. Caramagno: Your plans are to be open...what are your hours and days? Ms. Guess: S a.m. to 9:45 p.m. Mr. Caramagno: PM? Ms. Guess: Yes. Mr. Caramagno: How many days a week? Ms. Guess: Five. Mr. Caramagno: Monday through Friday? Ms. Guess: Yes. Mr. Caramagno: Why so late? Ms. Guess: Because people need that extra time. Jobs are not just nine to five anymore. You have your afternoon shifts that need that extra time if they have to have someone pick the children up. I am trying to monopolize that timing that people have to go to work. Five a.m....people usually have to be at work at seven or eight. They need someone early. You don't have that many around that opens up early or stay open late. Mr. Caramagno: Okay. What plans do you have to clean this property up? Related to what your operation is going to be, not including the October 9, 2019 29376 old fuel tank situation and the parking lot. Let's take that out of the mix right now. Let's talk about the building and let's talk about the overgrowth. Let's talk about the trees in the back in the play area. What are your plans to fix that? Ms. Guess: The one tree that is closest to where we would have the play area, that would be taken down. The play area will actually be foam built which will have a track so when they ride their bicycles, they will have the track there for them. That section will also be gated off. When you come into the building you will have to come in through the gate to actually get to the playground and to the back entrance. The front area, we would make it more beautiful. We will use that as part of the children's play time, doing flowers. The rest of the trees on the other side wouldn't have anything to do with us, on the other side of that fence. We would get the landscaping. Mr. Caramagno: The south side of the fence is what you are talking about? Ms. Guess: Yes. So, there is only tree that would be an issue and that is right behind the building right next to where the play area would be. Mr. Caramagno: What would you do for a fence? What kind of fence do you put up? You have a combination of chain -link, to the east and to the south. You have the building to the west to some extent? Ms. Guess: So, right there would be where the play area would be. There would be a chain fence there going... Mr. Caramagno: From the building to what? Ms. Guess: East and West. Thank you. It would connect to the adjacent fence that is already up. That tree would come down. You will put a fence there so they wouldn't be able to get to that air conditioner section. Right there would be another gated fence. That is the parking lot. You would have to go through the gate to get to the door for the back entrance. Everyone will be using the front entrance 'cause that is where they would have to sign in at. That back entrance would be just for when we take the children out to play. Mr. Caramagno: That is good for now. Thank you. Mr. Wilshaw: Thank you, Mr. Caramagno. Any other questions for our petitioner? October 9, 2019 29377 Mr, Ventura: I note that in the picture of the play area inside the building you used the word proposed. Ms. Guess: Yes. That there was a picture of how we would set it up for our outside. Mr. Ventura: Is that the actual equipment you are going to put in the building, or does it mean you are going to do something similar? Ms. Guess: Similar for that to be outside. I used that picture because that is what would be similar for the outdoor play area. Mr. Ventura: Okay, so you don't intend to have anything like that inside? Ms. Guess: No, sir. Mr. Ventura: Okay. Ms. Guess: On the inside they would have like sand and water tables for the large and small motor skills. When it comes to the climbing and all of that, they would have that for outside. Mr. Ventura: The site is pretty overgrown, and the landscaping is in disrepair. The building doesn't look like what the typical childcare facility looks like today. The modern ones. Are you planning on doing any dress up on the outside to make this look a little more friendly to children? Ms. Guess: Yes. We will... like I said with the landscaping it will be changed. It will be pulled up. It will be beautiful flowers put there. The children could even help us plant flowers to give them some identity there. All of that would be removed. All of those trees. Mr. Ventura: Would you be willing to come back to the Planning Department or back to the Inspection Department with more specific plans showing exactly what you are going to do before you were able to get a permit or before you were able to get a final approval to go ahead and open up your childcare facility? Ms. Guess: Mr. Ventura Yes, I would. Thank you. Mr. Wilshaw: Thank you, Mr. Ventura. Do we have any other questions for our petitioner? I don't see any other questions. Is there anyone on the Commission wishing to speak to the owner of this facility to ask any questions? I am seeing some nods. I think we are all October 9, 2019 29378 set Ms.Guess. Is this possible to get the owner of the property to come forward. Thank you. We do have a couple questions for you. Steve Rasho, 14149 Bunker Hill Drive, Shelby Twp., MI. Mr. Wilshaw: Anyone wishing to ask questions? Ms. Smiley: In order for this to be a licensed daycare center, there is probably going to be a lot of changes that are going to need to be made. The main one being that play area. It has been a while since I've dealt with licensing department, but I know they are very particular about the playground area for children and how it needs to be cleaned up and have a good surface. She has a nice play structure but that needs to be properly installed. Are you going to be responsible for all that? Mr. Rasho: No. She is. The tenant will be. Ms. Smiley: Not even the cleaning up of the back of the area? Mr. Rasho: The cleanup is fine. We haven't decided. Mostly we talk about for her to get approved first then after that submit a plan to the ... the planning tells you how she is going to... I told her to hire an engineer somebody where you could give her more idea ya know and more clearance where she is going to do outside. I am sure the building got to be approved ya know. Ms. Smiley: The Fire Department has a set of rules. They have all kinds of rules about that stuff. I do have a question about that fencing. We have had a couple waivers on the fencing near the residential area to make a permanent wall. What is your plan for that? Mr. Rasho: I tell you the truth. I bought this property two years ago from the O'Hara family. Mike O'Hara. My plan was to lease it... like I said, whichever way the committee will decide to ... what kind of fence, what kind of improvement, we have to comply with that so I am not sure, like I said, I haven't done a lot to the property but that's...I own the 7-11 across the street and this property, I just bought it for investment, so I am not sure, like I said ... what they are looking for, the committee, the Building Department... that fence was there for long time. Whoever put it...I think the subdivision put that fence in there. So, one was approved to put the fence in there, so I am not sure if it is supposed to be a brick fence or block fence. I'm not sure of that. If you approved a fence in there the way it is, I don't understand. October 9, 2019 29379 Ms. Smiley: Well, there was a wavier granted. Mr. Taormina, would you like to tell him what is required? Mr. Taormina: Well, what is required by ordinance is a masonry wall. That was required 50 years ago, but as I indicated in my opening statement, there have been a series of waivers granted by the Zoning Board of Appeals. Those expired in 2005 1 believe. The issue has never been resolved. Technically, there should be a wall across the back of that property, or he will have to seek another wall waiver, either through the Zoning Board of Appeals or get the neighbors approval. We have included language in the approving resolution that would address this issue. Ms. Smiley: Were you aware of what they said about the parking lot? I would imagine that is your responsibility. Mr. Rasho: I'm not sure. What's the parking lot? Ms. Smiley: Well, let me find it. Mr. Taormina: That would be the inspection letter. Mr. Rasho: I didn't get nothing from you. Ms. Smiley: It says " Pursuant to your request, the above referenced Petition has been reviewed. 9. The parking lot needs to be repaired as necessary and restriped. 2. The parking spaces are to be double striped and 10' x 20'. 3. There is no dumpster enclosure." Mr. Rasho: If that is what the requirement is, ya know, we'll comply with the requirement. Ms. Smiley: So, you will do the parking lot and restripe it and put in a dumpster enclosure? Mr. Rasho: Absolutely. Ms. Smiley: Okay. I'm good. Thank you. Ms. McCue: Can you tell us just a little bit about... in the past this building was a gas station, correct? Mr. Rasho; Fifty years ago, or something. I mean, I am not sure. Ms. McCue: I believe in some of the records it shows there have been some environmental work testing done on that property. Do you have any of those records? October 9, 2019 29380 Mr. Rasho: Absolutely. I have a baseline study they did on the property and if you need a copy of it I will bring you a copy. Ms. McCue: So, you have the Phase 1? Mr. Rasho: Absolutely. Ms. McCue: Beautiful. That's always one that is scary before someone buys the property. I mean buy it, meaning you two years ago included. Mr. Rasho: When I bought it they did a baseline study on the property and that is how we took ownership on the property. Ms. McCue: We just didn't see any formal record of that so we would just like to see it. Mr. Rasho: Nobody asked me, like I said, I'm not sure, but I think Mike O'Hara, the tenant before me, he had the baseline study on the property. I don't know when he opened it if you guys required it from it or not when they did the office in there. They should have required it at that time. Ms. McCue: I am not sure of what the timing would be but that was quite a few years ago. Mr. Rasho: About 15 years ago. Mr. Wilshaw: Any other questions Ms. McCue? Ms. McCue: Thank you. Mr. Wilshaw: Any other questions for our petitioner? Mr. Ventura: So your saying there is a baseline environmental assessment that exists? Mr. Rasho: Yes, sir. Mr. Ventura: And does it show any contamination? Mr. Rasho: No. I could bring the study. Mr. Ventura: So, it's clean? Mr. Rasho: Yeah. October 9, 2019 29381 Mr. Ventura: That answers my question Mr. Wilshaw. Mr. Wilshaw: Any other questions for the owner of the property? No. I think we are all set Mr. Rasho, thank you for coming forward. Mr. Rasho: I appreciate it. Thank you, guys. Mr. Wilshaw: Do we have any other questions for either the petitioner or the owner at this time? I don't think so. Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or against this item? Barbara Sedore, 9408 Newburgh, Livonia, MI, it's adjacent to that little strip of property. I live almost next door. I want to know, is he going to do anything to that strip that 9416, that small strip between their building and my house? Mr. Wilshaw: No. There is nothing planned at this time. Ms. Sedore: So, it will stay as is. Mr. Wilshaw: As far as we know, there is no plan as part of this petition to do anything to that area. Ms. Sedore: Okay, because I was thinking of a barrier because my bedroom is right next to that property which would be for the drop off at 6 a.m. and 9:45 p.m. I am totally opposed to that. It is going to be noise pollution. You have Churchill coming in, going out. You have the buses. There is no way anyone is going to make a left turn out of that parking lot on to Newburgh. There is nowhere anybody is going to make a left hand turn on to Ann Arbor out of that parking lot. It is a very small, small facility. I cannot believe they want to put 20 — 30 children in there. They only have 18 parking spots. They have ten employees. Drop off and pick- up ... there is only eight spots available. I don't understand. I think that the noise pollution...I think it's just... it's a residential area. It's really not ... office space, yes, but it's really not...I would think that this is not going to be conducive to that area. When we bought the house, that was all... behind us was all woods, private owner. That is where the fence came in. They fenced in that property. The cyclone fence. We have a cyclone fence behind ours and next to the 9416 there is a cyclone fence. I just don't understand how the noise pollution, the traffic, when you get Churchill letting out and coming in, there is no way I can get out of my driveway. I just don't know how you are going to facilitate 20 — 30 more cars especially at that time of the morning. I don't October 9, 2019 29382 know if any of you would love to be next to a childcare with 6 a.m. drop off and 9:45 p.m. pick-up. Like I said, it's basically a residential property. I don't understand that that would be a good spot. Not only that, the traffic...7-11, when those kids get out for lunch and break, you can't get over there. You can't make a left- hand turn to Ann Arbor. It's very chaotic. When the kids are coming to school you can't get out of my driveway at 718 o'clock and the buses ... at 2;30 p.m. there is 30 — 40 buses going down Newburgh. I just don't understand how that could be a large area to facilitate all that traffic plus the drop offs and pick-ups. I don't know. I think that my property value...I don't know. I wouldn't want to move into a childcare facility, next to a childcare facility. I think that there is going to be a problem with my property values. I was going to ask her what the ratio capacity was for the children. That little spot that she is speaking of is a very little spot. Behind that building to that cyclone fence... I would say five feet, six feet. It is right on top of their property. I don't understand why someone isn't therefrom... because its right on top on them. It's just the noise from the kids...I understand, I raised two children. I don't understand what that would be, that area would be... it's just not conducive to a daycare center. I guess I said it all but... I am really um...and not only that, if you look, I pulled up 48150 which is our zip code. Within five miles there is six daycares. There is one down Ann Arbor, there is one on Joy Road... I'm just saying I think they are sufficient, why would we need another daycare. I am not depriving anyone of opening up a business, but it's just not a conducive area. The traffic is going to be awful. l don't know how anybody would expect to get out of that parking lot. That is my opposition and I don't know what is going to happen, but I think it is a residential area basically and with the 7- 11 and the church and the small strip mall on the other corner. So, there's not a lot of traffic but I just think that is not conducive. Mr. Wilshaw: We appreciate your comments. They all go into our records. They will also go on to the City Council as well when they consider this. Ms. Sedore: So, what is the next step? Mr. Wilshaw: We will make our decision tonight on whether we recommend an approval or denial of this and then it is taken to City Council where they will also have a public hearing. They will make the final decision. Ms. Sedore: So, there is one more step? Mr. Wilshaw: There is. October 9, 2019 29383 Ms. Sedore: Thank you and thank you for listening to me. Mr. Wilshaw: We appreciate your comments. Anyone else wishing to speak for or against this item? I don't hear anyone else or see anyone else come forward. With that, are there any other questions or comments from the commission? Mr. Bongero: Mark, so is the dumpster enclosure required? Mr. Taormina: It is not. I think that is a question for the owner and the operator to determine whether they feel a dumpster is necessary. If trash is going to be picked up on a weekly basis curbside, then that is fine, as long as it is manageable, otherwise I think we would have to address the location of that dumpster. The site is pretty tight. Mr. Bongero: That would be my concern about if it is and then that could affect the traffic pattern on pick-up days for dumpster pick-up. Mr. Wilshaw: Parking and everything. Ms. Guess, could you please come forward? We do have a question that is being asked about how you are going to handle trash. Ms. Guess: The trash will be on curbside. We would have trash in the back to empty it every night and put it in the trash, but then it would go to curbside. We wouldn't have a dumpster. Mr. Wilshaw: Okay. So you will keep it internally and then take it out once a week. Ms. Guess: Yes. Mr. Wilshaw: Any other questions, Mr. Long? Mr. Long: Concerning Ms. Sedore's comments, how many employees...you will have ten employees, but they won't all be working at the same time correct? Ms. Guess: Correct. Mr. Long: What is your peak? Five people working at the same time ... six, four? Ms. Guess: No more than five, 'cause like I said myself and my daughter will be there so we would be part of the staff and if three more. October 9, 2019 29384 Mr. Long: Most people, when they drop a child off, they aren't staying for a long time right? They are there and the parking will roll? Ms. Guess: Correct. Just drop off and leave. They will come in that front door, log in, and drop their children off. One of the staff will be there to accommodate the preschoolers. The infants, of course, the parent will take their child out to the infant's room. Mr. Long: With the 6 a.m. accommodation, given your other experience, how many people take advantage of a 6 a.m. drop-off? If you are going to have 20 -- 30 kids, how many are going to come at six? Ms. Guess: You may have four or five. No more than 10. Not everybody has to be to work that early. So, it is going to be an in and out process. Even in my home, I maybe had three at 5 a.m. About seven is when the rest would come in. Mr. Long: I am familiar with the traffic patterns there. She is not kidding. Especially with the high school. Do you foresee any trouble with your pick --ups and drop-offs? Again, peak time 7:30 a.m. probably and then 3:00 p.m. Do you have a lot of pick-up at 3:00 P.M.? Ms. Guess: I do not anticipate a lot of 3:00 p.m. pick-ups. Most of them are after school hours. Four or five, that is the reason we are going with the late afternoon shift will just be dropping their children off at 2. They wouldn't be back until 9 or 9:30 p.m. So that is the reason why we have the extended hours. The extended hours is what is needed in childcare. Mr. Long: Okay. Thank you. Mr. Wilshaw: Any other questions for our petitioner? Ms. Smiley: What kind of security measures do you have? What is your sign in? Ms. Guess: It will be a computer program. So the parents will have a code that have to punch their children in and we will have an alarm system plus I have security cameras and cameras going on also. They come in and it's a punch in system. My Baby -- they will punch in their children they will have a code. Ms. Smiley: To get into the building your talking right? Ms. Guess: To get into the building they will have to buzz in. We will have to buzz them in. October 9, 2019 29385 Ms. Smiley: Okay, so you or somebody in the office will buzz...will there be any office staff? Ms. Guess: No. We will not have an office. Ms. Smiley: You know that the ratio for babies is ... I don't know if it's changed... Ms. Guess: 3 to 1. No more than 4 to 1. That is why we wouldn't have that many infants. Ms. Smiley: Okay. Do you have clientele lined up already? Ms. Guess: Yes. Ms. Smiley: For preschool, is it still sixteen to two? What is it for two, three, and four? It's been a while. Ms. Guess: It's a large amount but we want to keep it on the downscale. We would have one person for no more than five. So, again, the 20 — 30 is what the Fire Marshal said that I could have. Depending on how many children we are going to have, we may not have up to 30 but he said it was the ratio for the measurement that's there could have up to 30. We are thinking more in the line of 20. We do understand that it is a small area. Ms. Smiley: It is a small office and it is a small area. That is a lot of children. You're saying that it would probably be closer to 20 than the 30. Ms. Guess: Yes. They need so much space per child and with my infants in that building, that brings down your ratio. With my three to five, my one to three, I would have my one person per infant, per three infants. That would mean I could only have two or up to six babies at one time. That would be the max. We are looking at four. We would have the infants and your toddlers in that same area. Toddler meaning that they are moving into crawling and learning how to walk before they would go to the preschool area. Ms. Smiley: Do you have staff lined up? Ms. Guess: Yes ma'am. Ms. Smiley: I know it is real hard to get people to do because it is a low paying job and you need people that are educated and trained because they have the greatest responsibility doing this kind of thing. October 9, 2019 29386 Ms. Guess: My daughter is at Baker College. We are already hiring the students there because they are already in training. Ms. Smiley: I don't want to be "Debbie Downer" I would like to see this landscape plan and playground plan before I comfortably vote on it I am afraid. Mr. Wilshaw: Okay. That is a good comment. Any other comments for our petitioner before we make our decision? I don't see anything else. Thank you, Ms. Guess. We are going to make our decision. Ms. Guess: Thank you. Mr. Wilshaw: Thank you for coming. With that I will close the public hearing and a motion would be in order. On a motion by Ventura, seconded by Smiley, and unanimously adopted, it was #09-78-2019 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 8, 2019, on Petition 2019-09-02-13 submitted by Children's Paradise Inc. requesting waiver use approval pursuant to Section 9.030) of the City of Livonia Zoning Ordinance #543, as amended, to operate a child day care center at 9424 Newburgh Road, located on the southeast corner of Newburgh Road and Ann Arbor Trail in the Northwest 114 of Section 32, the Planning Commission does hereby table this item to the meeting of October 22, 2019. 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. 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 #2 PETITION 2019-09-08-14 LIVONIA MEDICAL VENTURES L.LRC Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2019- 09-08-14 submitted by Livonia Medical Ventures L.L.C. requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to construct a canopy addition and renovate the exterior fagade of the building located at 10982 October 9, 2019 29387 Middlebelt Road, located on the east side of Middlebelt Road between West Chicago Avenue and Plymouth Road in the Northwest Y4 of Section 36. Mr. Taormina: This is a request to renovate an existing office building that is located at the southeast corner of Middlebelt and Orangelawn Ave. The zoning is C-1 (Local Business). This property is adjacent to both the east and the south of Emerson Middle School. The building was constructed in the late 1970's as a multi -tenant complex containing a combination of retail stores, as well as a bank that included a drive -up operation located on the south side of the building. Today the building is mostly occupied by medical uses. The existing structure is one-story in height. It is an "L" shaped building as you can see from this aerial photograph. It totals approximately 9,800 square feet. In the front of the building at the inside corner facing the intersection of Middlebelt and Orangelawn is an open plaza that contains two raised planter boxes. What this proposal would do is add a canopy that would extend approximately 20 feet into that plaza. It would also extend about five feet above the existing roof line of the building. This is the rendering that was provided by the architect at last week's study meeting. This is the structure or canopy that would be added to the building which is currently a flat facade. You can see that it projects out from the building at a distance of roughly 20 feet and extends approximately five feet above the existing roof line, as was indicated. The plaza would also include a number of the other renovations. There are some planter boxes that would be removed, and some benches added. These existing planter boxes... one would be completely removed and the new support columns that would be bricked would be used to support that canopy. The benches would be added, as well as a new raised brick planter box. I will show you some photographs of what the existing building looks like. Currrently, there is wood siding along the upper part of the facade. All of that would be removed and replaced with either E. 1. F S. or a hardie siding. The petitioner may have some more information on what they plan to use. It shows a light grey color, that is the upper part of the facade just below the blue cornice that would be added along the tape edge of the building. All the existing brick of the building would be painted this white color as illustrated. We have detailed drawings that were provided as part of your packet. This is what the building looks like currently. You can see the wood siding on the top of the facade. The natural brick on the bottom would be painted and changed. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. October 9, 2019 29388 Mr. Taormina: The first item is from the Engineering Division, dated September 25, 2019, 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 existing parcel is assigned a range of addresses from #10982 to #10990 Middlebelt Road with the address of #10982 Middlebelt Road being assigned to the overall parcel. The legal description provided appears to be correct and should be used in conjunction with this petition. The existing parcel is currently serviced by public water main, sanitary sewer and storm sewer. The information submitted does not show proposed alterations for the utility services, so it does not appear that there will be any impacts to the existing systems. It should be noted that should the developer need to do any work within the Middlebelt Road right-of-way, permits will need to be obtained 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 October 4, 2019, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a commercial building on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated September 27, 2019, 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 Brian Leigh, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated October 7, 2019, which reads as follows: "Pursuant to your request, the above referenced Petition has been reviewed. 1. The parking lot needs to be repaired as necessary and restriped. 2. The parking spaces are to be double striped and 90'x 20', 3. The dumpsterenclosure is in disrepair. The Commission and/or Council may wish to address this. This Department has no further objections to this Petition. I trust this provides the requested information." The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Finance Department, dated September 25, 2019, 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, 1 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 September 27, 2019, 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, October 9, 2019 29389 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: Are there any questions of the Planning Director? Mr. Wilshaw: Is the petitioner here this evening? We will need your name and address for the record please. Tony Marszalec, 4426 North Meadow Drive, Waterford, MI, I am from the architect's office, Alexander Bogaerts & Associates, representing the ownership tonight who cannot attend. Mr. Wilshaw: Thank you for coming tonight. is there anything else you would like to add to this presentation so far? Mr. Marszalec: There was the comment about the parking lot needing to be repaired and restriped. I have talked to the ownership about that and they intend to do that. There was a question about the dumpster enclosure. Their preference is just to repair the dumpster enclosure as it is, which is a wood enclosure, but add doors to it or a gate to the front of it. They are hoping that would be adequate since it is an existing enclosure at this time. Mr. Wilshaw: Typically, we want our dumpster enclosures to be masonry. We will see how things play out on that and go from there. We appreciate your comments. Anything else you would like to add? Mr. Marszalec: No, just that we are trying to, as you can see from the renderings, basically recreate or create a new fagade on this building and give it a whole new look and feel for it. We are hoping to move forward as soon as possible with that. Mr. Wilshaw: Great. We will note that. We will also note that at our study meeting, there were actual color samples of the materials that were provided. Mr. Marszalec: I do have those with me if you would like to review those as well. Mr. Wilshaw: Yeah, if you would like to hand those over to Ms.Reece we can pass them along just in case anyone wanted to see the actual color samples in hand. With that, l will ask if we have any questions for our petitioner? Mr. Ventura: I note that there is a sign in your rendering. Is that a tenant that is going to be in the building? October 9, 2019 29390 Mr. Marszalec: Yes. Right now that is one of the tenants that is going to be submitting plans for interior renovations. Mr. Ventura: is that the only tenant that will be in the building or is there more space? Mr. Marszalec: Currently there are two tenants in the building. This will be a third and there will be two vacant spaces still. This tenant, Skin & Vein Center, will take up approximately 50% of the building. Mr. Ventura: What will you do for signage for the two new tenants that aren't there yet? Mr. Marszalec: I'm sorry, what was that? Mr. Ventura: What will you do for signage for the two new tenants that aren't there yet? Mr. Marszalec: Currently...I am not sure if you can pull up the existing photograph, they are mounted adjacent to that on the facade. On the shorter portion of the facade. Mr. Ventura: So those signs would be reinstalled? Mr. Marszalec: What's that? Mr. Ventura: That sign will come down and be reinstalled once you reface the building? Mr. Marszalec: Yes. There was also a question about the facade material, whether it will be a Drivet type material or a hardy board. The preference is for a Drivet or E. I. F. S. for that to give it a nice smooth flat finish across the face of the building. That is what the ownerships preference is. Mr. Wilshaw: Mr. Ventura, all you all set? Mr. Ventura: I think I am set. Mr. Wilshaw: Mr. Marszalec, the colors that we have samples of, the lightest color is intended for the brick? Mr. Marszalec: That is correct. Mr. Wilshaw: The grey is the Drivet material and the blue would be the cornice, correct? October 9, 2019 29391 Mr. Marszalec: Correct. Mr. Wilshaw: Any other questions for our petitioner? Ms. Smiley: On the north elevation... that isn't the side I want to see. Is there an east elevation? I have a north, east, west... Mr. Wilshaw: That is what we are looking at on the screen. Mr. Taormina: That is the back. Ms. Smiley: Okay, that is the back. How about that drive-thru thing? Where is that? Mr. Marszalec: That is on the south elevation. Ms. Smiley: Is that staying? Mr. Marszalec: The petitioner would like that to remain. They did not intend for that to be removed at this time. Ms. Smiley: What would be the purpose of that thing? Mr. Marszalec: Just cost. They just purchased the building a few weeks ago and they are trying to get the building occupied. That was not within their initial scope of work when... Ms. Smiley: Are they going to actually have a window that somebody can actually do something with? Mr. Marszalec: No. There is no window on that part of that drive thru. They have covered it over. They don't know if in the future it may be necessary for a tenant in the future. The tenant that is moving in there does not have any need for a drive -up window right now. Ms. Smiley: Is it going to be these colors then? Mr. Marszalec: Yes. Those colors will be on all four sides of the building. Ms. Smiley: Okay. I guess money is a factor here, but it just seems like a hazard kind of thing for driving or parking or anything else. It's kind of a useless appendage or I don't know what you would call it. Okay. Mr. Marszalec: It is an expense though that they hadn't anticipated when they purchased the building. October 9, 2019 29392 Ms. Smiley: Okay. Thank you. Mr. Wilshaw: Anyone else have any questions for the representative? Mr. Taormina: Two questions. The paint that will be used for the exterior on the brick. Can you explain that process and what you feel would be its durability, as far as future maintenance? Secondly, the new concrete ... the concrete plaza, is that just to differentiate the different materials or are you planning to use some type of stamped or colored concrete? Mr. Marszalec: No. It's just going to be regular concrete. Mr. Taormina: But that will be replaced? Mr. Marszalec It will all be replaced. Mr. Taormina: Just standard concrete then? Mr. Marszalec: Yes. Everything within that area will be removed and replaced with new. Mr. Taormina: Okay. Thank you. Then the paint? Mr. Marszalec: The paint is a masonry paint. It is not your typical paint. It is intended... it has to be breathable so that the ... you won't trap moisture behind it. There are special paints for painting masonry. That is what would be used. Mr. Wilshaw: What do you expect the lifespan of that paint to be? Mr. Marszalec: You know, I don't know what the lifespan is. It is your typical... it's basically a stain so I am assuming that it would be in the 20 — 30- year range. I don't know that as of right now. Mr. Wilshaw: Okay. Mr. Marszalec: They do have a good record. We have done other buildings and they have held up very well. Mr. Wilshaw: Okay, good. Are there any other questions? Ms. Smiley: The color scheme... is that part of the Skin & Vein Center's? They like this turquoise? Mr. Marszalec: That is currently the color of their %" in their logo. That is their color and that is why it was chosen. October 9, 2019 29393 Ms. Smiley: That is what I was figuring. Then I won't insult their color. It wouldn't be my choice. Mr. Wilshaw: Any other questions for the petitioner's representative? Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or against this item? I don't see anybody. I will look for a motion at this time. On a motion by McCue, seconded by Long, and unanimously adopted, it was ##09-79-2019 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 8, 2019, on Petition 2019-09-08-14 submitted by Livonia Medical Ventures L.L.C. requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to construct a canopy addition and renovate the exterior fagade of the building located at 10982 Middlebelt Road, located on the east side of Middlebelt Road between West Chicago Avenue and Plymouth Road in the Northwest '/4 of Section 36, is hereby approved, subject to City Council approval, and the following conditions: 1. That the Engineering Site Plan identified as Sheet No. SP-2 dated September 19, 2019 prepared by Nowak & Fraus Engineers, is hereby approved and shall be adhered to; 2. That the site's parking lot shall be repaired, resealed and restriped to the satisfaction of the Inspection Department. Parking spaces shall be doubled striped and measure ten feet (10') in width by twenty feet (20) in length; 3. That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall always be maintained and when not in use the enclosure gates shall be closed; 4. That the Exterior Elevations Plan identified as Sheet Number Al dated September 18, 2019 prepared by Alexander V. Bogaerts & Associates, is hereby approved and shall be adhered to; October 9, 2019 29394 5. That the exterior color scheme, as depicted in the rendering received by the Planning Commission on October 2, 2019; is hereby approved and shall be adhered to; 6. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 7. 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; 8. That no LED light band or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 9. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department . at the time the building permits are applied for; and 10. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year from the date of approval by City Council, and 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 onto City Council with an approving resolution. ITEM #3 PETITION 2018-04-02-10 FELDMAN AUTOMOTIVE Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2018- 04-02-10 submitted by Feldman Automotive, Inc. requesting a one-year extension of all plans in connection with a proposal to construct and operate a used auto dealership with outdoor display of vehicles (Feldman Pre -Owned Superstore) at 33850 Plymouth Road, located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast 1/4 of Section 28. Mr. Taormina: This is a request for a one-year extension of the waiver -use involving the construction and operation of an auto dealership with outdoor display of vehicles. This is the Feldman Pre -owned October 9, 2019 29395 Superstore, which was approved by City Council on October 1, 2018. The plan that was approved shows a 6,850 square foot building that would contain the dealership's showroom and sales offices, as well as prep stalls and other services. The number of vehicles that could be displayed outdoors was limited to a total of 817 vehicles. In a letter provided by the petitioner's attorney dated September 11, 2019, they indicate that the client has encountered some challenges in progressing with the site plan and is therefore requesting a one-year extension of the site plan and waiver -use. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: The first letter is from the Inspection Department, dated October 7, 2019, which reads as follows: "Pursuant to your request, the above referenced Petition has been reviewed. This Department has no objections to this Petition. 1 trust this provides the requested information." The letter is signed by Jerome Hanna, Director of Inspection. The next letter is from the Finance Department, dated September 20, 2019, which reads as follows: "I have reviewed the address connected with the above noted petition. As there are no outstanding amounts receivable (general or water and sewer), 1 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 September 27, 2019, 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. Today we received an email dated October 8, 2019 and it reads: "Hello Planning Commission, Regarding the Feldman Automotive site on Plymouth Road, I offer the 3 attached pics. If the one-year extension is granted, how soon will they be required to address repairs to existing lighting fixtures and the overall appearance of this site? Thank you, Sunday Dupuie." I will note that this petition does include plans for how the site would be used temporarily. That is something that was discussed at the study session. It shows inventory of vehicles, about 479 spaces over approximate 3.64 acres. The storage of those vehicles would be at roughly 280 feet from Plymouth Road. The area from the right-of-way back to a new fence that would be installed would delineate the edge of that storage lot. That whole area would be cleaned up I believe, including removal of the lights. We can get confirmation of that from the petitioner this evening. The only improvements October 9, 2019 29396 that would exist between the right-of-way and that fence line would be some driveways providing access to the storage lot, as well as the adjacent business to the west, which is the Hertz Rental. It relies on access across this parcel. With that Mr. Chairman, I would be happy to answer any questions. Mr. Wilshaw: Are there any questions of the Planning Director? Mr. Wilshaw: Our petitioner is here this evening. We will need your name and address for the record please. Trey Brice, 27777 Franklin Road, Ste. 2500, Southfield, MI 48034, we are the attorney that wrote the letter that Mr. Taormina talked about. I am here on behalf of the owner, which couldn't be here because it is Yom Kippur. The basic facts is exactly that. After getting the approval, ran into some staggering construction costs as we shared in the study meeting. Bids came in 30 -- 40% higher even after value engineering. It was still choking of the cost of like 4.2 million, which was some of the costs we were getting in. So, we have been looking at trying to figure out potentially maybe to do some redesign to bring some of those costs down. The owner has been investigating potentially buying that Hertz property that was mentioned just to the west of the property to potentially use that as their facility and then use the front portion instead of what would have been the 1-800. A different new retail, some other use, and potentially be a great win --win for everybody. The questions addressed in the email ... yes, all of the light poles would be coming down as part of this plan. The overlay, the back - wooded part would stay essentially as it is right now. There is the telecommunications tower in the back, so there would be a gate and fence. There is a trail or drive that goes back there. All that would remain the same. The mid sections would be used for the temporary storage. It is fenced on the three areas. We would repair any areas that need to be. Then the new fence would go across the front and screen all the way around so the cars wouldn't be visible. The front area that is about 2 acres would be cleaned up. Again, the light poles would be removed. Gravel/concrete would be all ripped up except for the drives that would be necessary to get both to the back -parking lot and so Hertz can maintain its access. We would re -grass the islands and everything would be cleaned up. Mr. Wilshaw: Thank you, Mr. Bryce. We appreciate the background information. Do we have any questions for our petitioner? Ms. Smiley: Did you get the email with the pictures of the lights? I did not. It was said that they just came in today. October 9, 2019 29397 Ms. Smiley: You said they are all coming down anyway right? Mr. Bryce: Correct, they are all coming down. Ms. Smiley: Do you have a timetable for that? Mr. Bryce: 1 do not. Probably as soon as we get the approval, then we still have to get City Council's approval and then we will start as soon as possible. Ms. Smiley: Thank you. Mr. Wilshaw: Any other questions for our petitioner? Mr. Caramagno: So, this is a temporary variance of what you have been approved on. When you say putting up a fence in the back, that is the fence between Plymouth Road and the car storage area? Mr. Bryce: Yes. Mr. Caramagno: So, there is a fence there now... it looks like the gate is down? Mr. Bryce: I don't believe there is a fence in the front part right now. Mr. Caramagno: Uh, there is in the back, there is one in the back and the gate is down... Mr. Bryce; In the back from where it goes from the part that is already kind of gravel to the wooded area, is that what you mean? Mr. Caramagno: It's in front. It's in front there. There is a fence in there somewhere and I can't quite put my finger on it where it is. So, that fence gets replaced? Mr. Bryce: Yeah. Mr, Caramagno: How does it get screened? Mr. Bryce: With a fabric screening... green screen that you would see at commercial properties, golf courses, that sort of thing. Mr. Caramagno: Mr. Taormina, is that permitted? Screen fencing? I don't think so. That is why I am asking. October 9, 2019 29398 Mr. Taormina: I am not sure it is prohibited. As a site plan element, approval would be at the discretion of the Planning Commission and City Council. Mr. Caramagno: Okay. So, the rest of it will get bull dozed up? The gravel, the dirt, and concrete, that will get pulled out of there? Mr. Bryce: Correct. Mr. Caramagno: Now many driveways are there? Mr. Bryce: The two driveways that are there will remain. Mr. Caramagno: Okay, they remain as gravel or they remain as cement or asphalt? Mr. Bryce: The way it remains right now, I believe it is asphalted and it will remain. Mr. Caramagno: Is there a sign that says Property of Feldman? Is there any sign that recognizes the property as Feldman's? Mr. Bryce: No, there isn't. Mr. Caramagno: That is all the questions that I have right now. Mr. Wilshaw: Thank you, Mr. Caramagno. Ms. Smiley: Do you have any security problems with the cars that are there? Mr. Bryce: There haven't been at this point. Actually, it has been a blessing both to Feldman and the city itself, as they have been able to take the cars that have been parked all around the city and condense them into one spot. It has made it a little easier that way. Ms. Smiley: Oh, okay. I was just curious if you had any kind of security problems or damage or stolen... Mr. Bryce: No. Ms. Smiley: Good. Thank you. Ms. McCue: The fence that you are referencing, the green commercial fencing, that will be permanent? Will that be the type of fencing that you will keep there permanently, or will that be adjusted after you make all of your other renovations? October 9, 2019 29399 Mr. Bryce: That is only for the temporary usage. If we go forward at this point, even with the one plan, there is the site plan that was approved and we would have to follow that and any changes that we made, we would have to come back with another site plan and whatever is in that would follow. Ms. McCue: So, that is just temporary? Mr. Bryce: Yes. Ms. McCue: Thank you. Mr. Wilshaw: Any other questions for the petitioner? I don't see any others. Is there anybody in the audience that wishes to speak for or against this item? I don't see anyone else in the audience. Mr. Bryce, one quick question on the ... on this plan to do this temporary modification of the site, this clean up, in our approving petition we have it that this will be completed no later than December 1, 2019. Are you able to meet that time line to get that fencing put up and... Mr. Bryce: I don't know if all of the...I know that plan would be to get it in during this season for the growing. I actually don't know if there is a commitment for that. I don't know if the ability is there to commit to that. Mr. Wilshaw: Okay, Mr, Taormina. Is that... am I reading that correct? Item number three indicates that it should be completed no later than December 1 st? Mr. Taormina: We provided a date for discussion purposes. Mr. Wilshaw: Placeholder. Mr. Taormina: That is correct. You will notice the language that follows that date provides an avenue for the petitioner to get an extension by posting the requisite bonds for any improvements that are not completed by that point. Whatever that date is, there would still be the possibility of an extension. Mr. Wilshaw: Should we be having a discussion about what date should go there? What they believe is an appropriate date to complete these improvements? Mr. Taormina: In terms of Council approval, assuming that there is action this evening that would move this forward to City Council and they can review it by the end of October with approvals in November, it only leaves a month or so to get the work done. You probably October 9, 2019 29400 want to extend that out at least another month considering the amount of work to be done. They would have to mobilize the equipment immediately to do the earthwork. The fence installation and the removal of the light poles, that is probably at least a month's worth of work I would think. Mr. Wilshaw: It is hard to lay sod in the middle of December and January. Mr. Taormina: They won't be laying sod. I imagine they will be seeding and that is probably something, if they miss their window of time to get that seeded this year, we would bond for it and have them do in the Springtime. Mr. Long: If we were to offer up a waiver consideration, would that help expedite the City Council? Mr. Taormina: It could. I didn't look at the date but could very well. Mr. Wilshaw: Good point Mr. Long. Thank you. Any other questions or comments? Mr. Bryce, what are your feelings in terms of having this temporary work completed? Mr. Bryce: Again, based on the dates, we would mobilize as quickly as possible. The bonding part does make sense, especially for the landscaping. Even in November that would be tough to laying some grass, so... Mr. Wilshaw: Good. Thank you. Any other questions or comments before we move on? I don't see any other questions or comments. A motion would be in order. On a motion by Smiley, seconded by McCue, and adopted, it was #09-80-2019 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 8, 2019, on Petition 2018-04-02-10 submitted by Feldman Automotive, Inc., requesting a one-year extension of all plans in connection with a proposal to construct and operate a used auto dealership with outdoor display of vehicles (Feldman Pre -Owned Superstore) at 33850 Plymouth Road, located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast'/a of Section 28, is hereby approved, subject to City Council approval, and the following conditions: 1. That the request for a one-year extension of waiver use approval by Jaffe, Raitt, Heuer & Weiss, on behalf of October 9, 2019 29401 Feldman Automotive Inc., in a letter dated September 11, 2019, is hereby approved; 2. That all conditions imposed by Council Resolution #355-18 in connection with Petition 2018-04-02-10, which permitted the construction and operation of a used auto dealership with outdoor display of vehicles (Feldman Pre -Owned Superstore) at 33850 Plymouth Road, shall remain in effect to the extent that they are not in conflict with the foregoing condition; 3. That temporary use of the site shall be in full compliance with the Vehicle Inventory Lot Plan dated September 4, 2019 as prepared by Alpine Engineering, Inc., said plan to take effect immediately and be completed no later than January 1, 2020 unless an extension is granted by the Planning and Inspection Departments for the completion of any items not completed due to weather and which shall be subject to the Petitioner posting an appropriate cash performance bond with the City, and further provided that no vehicles shall be stored within the front two (2) acres of the site as illustrated on the plan; and 4. That the Time Period for Developing the Property as provided for in paragraph #10 of the Conditional Rezoning Agreement between the City of Livonia and Feldman Automotive, Inc. is hereby extended commensurate with the extension of the site plan and waiver use under Petition 2018-04-02-10, and further provided all conditions of this resolution are hereby incorporated by reference into said Conditional Rezoning Agreement. 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Smiley, McCue, Long, Bongero, NAYS: Ventura, Caramagno, Wilshaw ABSENT: None ABSTAIN: None Ms. Smiley: Mr. Long, did you want to do a seven --day waiver? Mr. Long: I would propose a seven -waiver. October 9, 2019 29402 Ms. Smiley: Would that help you? Mr. Wilshaw: I think what we are going to do is offer a... normally you have a seven-day waiting period before the motion is official. Mr. Long is proposing to waive that to see if we can get you to City Council sooner. Mr. Bryce: That would be absolutely fantastic. Mr. Wilshaw: Mr. Long has proposed that, is there support? A roll call vote on the foregoing resolution resulted in the following: #10-81-2019 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article Vl of the Planning Commission Rules of Procedure, regarding the effective date of a resolution after the seven-day period from the date of adoption by the Planning Commission, in connection with Petition 2018--04-02-10 submitted by Feldman Automotive, Inc. requesting a one --year extension of all plans in connection with a proposal to construct and operate a used auto dealership with outdoor display of vehicles (Feldman Pre -Owned Superstore) at 33850 Plymouth Road, located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast Y4 of Section 28. A roll call vote on the foregoing resolution resulted in the following: AYES: Long, Smiley, McCue, Bongero, Wilshaw NAYS: Ventura, Caramagno ABSENT: None ABSTAIN: None ITEM #4 MOTION TO HOLD PUBLIC HEARING CITY OF LIVONIA Mr. Caramagno, Secretary, announced the next item on the agenda, pursuant to Council Resolution #293--19, in connection with a proposed amendment to Section 18.42A of Article XVIII of the City of Livonia Zoning Ordinance No. 543, as amended, and a proposed new Section 18.42B regarding small cell wireless facility zoning regulations. Mr. Taormina: This is to schedule a public hearing for the proposed language amendment dealing with small cell wireless technology. This is a October 9, 2019 29403 language amendment prepared by the Law Department. We would set the public hearing date for Tuesday, October 22, 2019. Mr. Wilshaw: Thank you, Mr. Taormina. Is there anyone wishing to make that motion? On a motion by Long, seconded by Ventura, and unanimously adopted, it was #09-82-2019 RESOLVED, that the City Planning Commission, on its own motion, pursuant to City Council Resolution #293-19 and Section 18.42A of the City of Livonia Zoning Ordinance #543, as amended, does hereby establish and order that a public hearing be held on October 22, 2019, to determine whether or not to amend Section 18.42A of the City of Livonia Zoning Ordinance No. 543, as amended, which regulates wireless communication facilities by removing the governing of small cells and creating a new Zoning Ordinance Section 18.428 that would oversee the rules and technology of small cells. FURTHER RESOLVED, that notice of such hearing shall be given in accordance with the provisions of Article XXIII of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report and recommendation submitted to the City Council. 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 #5 APPROVAL OF MINUTES 1,148th Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,14Wh Public Hearings and Regular Meeting held on August 27, 2019. On a motion by Smiley, seconded by Ventura, and unanimously adopted, it was #09-83-2019 RESOLVED, that the Minutes of 1,148Eh Public Hearings and Regular Meeting held by the Planning Commission on August 27, 2019, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Smiley, Ventura, Caramagno, Wilshaw NAYS: None ABSENT.- None ABSTAIN: None October 9, 2019 2'9404 McCue, Bongero, Long, Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,149th Public Hearings and Regular Meeting held on October 8, 2019, adjourned at 8:21 p.m. 77