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HomeMy WebLinkAboutPLANNING MINUTES 2013-06-11MINUTES OF THE 1,040rH PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 11, 2013, the City Planning Commission of the City of Livonia held its 1,040th Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Lee Morrow, Chairman, called the meeting to order at 7:00 p.m. Members present: Scott P. Bahr R. Lee Morrow Lynda L. Scheel Carol A. Smiley Gerald Taylor Ian Wilshaw Members absent: None Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Chairman Morrow informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating 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 wnting, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2013-04-01-02 WRIGHT'S HARDWARE Ms. Scheel, Secretary, announced the first item on the agenda, Petition 2013-04- 01-02 submitted by Jeri Dorr pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone properly at 29150 Five Mile Road (Wright's Hardware), located on the north side of Five Mile Road between Middlebell Road and Harrison Avenue in the Southwest 1/4 of Section 13, from RUF (Rural Urban Farm) to C-2 (General Business). June 11, 2013 25800 Mr. Taormina: This is a request to rezone a portion of a property that is located on the north side of Five Mile Road between Middlebell Road and Harrison Avenue. The site is located at the northeast corner of Five Mile and Cavour. Cavour is a side street that is located about 300 feet west of Middlebell Road. Cavour deadends providing access to a number of commercial businesses that actually front along Middlebell Road as well as the Franklin Square apartment complex, which is to the north and east of the subject property. The overall properly is about half an acre in total size. It includes 100 feel of frontage on Five Mile Road and has a depth of roughly 220 feel. Currently, the site is divided into two zoning classifications. The southerly 100 feet of the properly is zoned G2, General Business, whereas the northerly 120 feet is zoned RUF, Rural Urban Farm. A 4,000 square foot hardware store is on the southerly portion of the site, as well as the associated parking lot. The northerly part of the site is the area that is requested to be rezoned to the same zoning classification that exists on the southerly portion, C-2. That area currently is vacant with the exception of a propane tank refill station. There is a variety of commercial uses to the west as well as to the south. To the north is the apartment complex. The proposed rezoning is supported by the Future Land Use Plan which shows the area as general commercial. Cavour Avenue is a public right-of-way located to the west and to the north of the property. It is identified as C-2. The building is in the southeast comer. The area in question where the zoning is proposed is on the northerly part. It shows here as RUF and they are proposing to change that zoning to the same C-2 business classification that exists on the southerly part. With that, Mr. Chairman, I will read out the single item of correspondence that we've received. Mr. Morrow: Please. Mr. Taormina: There is one item of correspondence from the Engineering Division, dated May 17, 2013, which reads as follows: 7n accordance with your request, the Engineering Division has reviewed the above -referenced request to rezone the northerly portion of the property located at 29150 Five Mile Road from RUF (Rural Urban Farm) to C-2 (General Business). The corrected legal description is as follows for parcel 05199 0038 000: 13GIA G3B2 G3B5 part of southwest X of Section 13, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning due east 360 feet and North 0 degrees, 31 minutes, 0 seconds West 60 feet from southwest comer of Section 13, thence North 0 degrees, 31 minutes, 0 seconds West 220 feet, thence due East 100 feet, thence South 0 degrees, 31 minutes, 0 seconds East 220 feet, thence due June 11, 2013 25801 West 100 feet to the point of beginning. 0.50 acres. The address for this site is confirmed to be 29150 Five Mile Road." The letter is signed by Todd Zilincik, P.E., City Engineer. That is the extent of the correspondence. Mr. Morrow: Are there any questions of the Planning Director? Seeing none, is the petitioner with us tonight? We will need your name and address for the record please. You can add to whatever you've heard so far. Jeri Dom, 29495 Gilchresl, Farmington Hills, Michigan 48334. Hi. Joe Dom, 29495 Gilchresl, Farmington Hills, Michigan 48334. Mr. Morrow: You've heard the presentation. Is there anything you'd like to add to it? You'll probably have some questions from the Commission. Mr. Dom : I'd like to thank this gentleman. He did a fabulous job. I don't think I could have explained the whole property and the area as well as he did. Mr. Morrow: Let's see if the Commission has any questions. Any questions or comments? Mr. Taylor: Mr. Dom, do you have any plans for the property at all? Mr. Dom : In the future, we'd like to expand onto our hardware store and make the square footage bigger. On the outside of the building, I guess we have to have a permit to sell items outside, such as mulches or exterior picnic tables, things of that nature that go with the store. Ms. Dom : Just kind of like what all the other hardware stores are doing. We just want to be able to be competitive with our market basically, and we're not right now. Mr. Taylor: That's very true. Theyre all doing it. I just wondered if you had any future plans of expansion. Obviously, I don't think RUF is the right zoning for that piece of property. Ms. Dom : Absolutely, unless we want chickens of course. Mr. Morrow: Yes, what are you going to do with your chicken, right. Ms. Dom : We can sell their eggs. Mr. Dom : City eggs, I hear, are pretty popular nowadays. June 11, 2013 25802 Mr. Morrow: Any other questions or comments by the Commission? Seeing none, I'm going to go the audience. Is there anybody in the audience that wishes to speak for or against the granting of this petition? If there are no questions or comments, I'm going to close the public hearing and ask for a motion. On a motion by Taylor, seconded by Bahr, and unanimously adopted, it was #06-27-2013 RESOLVED, that pursuant to a Public Heading having been held by the City Planning Commission on June 11, 2013, on Petition 2013-04-01-02 submitted by Jeri Dorr pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone properly at 29150 Five Mile Road (Wright's Hardware), located on the north side of Five Mile Road between Middlebell Road and Hardison Avenue in the Southwest 114 of Section 13, from RUF to C-2, the Planning Commission does hereby recommend to the City Council that Petition 2013-04-01-02 be approved for the following reasons: 1. That C-2 zoning is compatible to and in harmony with the surrounding zoning districts and land uses in the area; 2. That C-2 zoning would provide opportunities for a greater variety of uses to serve the area as well as the City as a whole; 3. That C-2 zoning is consistent with the developing character of the area; and 4. That C-2 zoning would provide for the development of the subject property in a manner that is consistent with its size and location. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Thank you for coming tonight and good luck. Mr. Dorr: Thank you for your time June 11, 2013 25803 ITEM #2 PETITION 2013-05-02-12 FARRUGIA (RANDAZZO) Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2013- 05-02-12 01305-02-12 submitted by Catnna Farrugia requesting waiver use approval pursuant to Section 11.03(g) of the City of Livonia Zoning Ordinance #543, as amended, to operate a used auto dealership with outdoor display of vehicles at 33925 Plymouth Road, located on the south side of Plymouth Road between Farmington Road and Stark Avenue in the Northeast 1/4 of Section 33. Mr. Taormina: This site is currently the location of Randazzo Tuxedo Rental and Sales. The request before you this evening is to change the use of the property to one of a used automobile dealership that would include the outdoor display of vehicles. The property is on the south side of Plymouth Road between Farmington and Stark Avenue. The property altogether is about 1.3 acres in area. It has 100 feel of frontage on Plymouth Road and an average depth of roughly 550 feel. It is divided into two zoning classifications. Currently the developed northerly 400 feel of the property is zoned C-2, General Business, whereas the southerly portion, about 250 feel of the site, is zoned for parking purposes only. In terms of the adjacent properties and surrounding land uses, there are a variety of commercial buildings that front along Plymouth Road located both to the west and east of the subject property. To the south are residential homes that are part of the Wellington Woods Subdivision, which is zoned R-1, One Family Residenfial. Looking across Plymouth Road to the north, there are again a number of commercially developed properties in the G7 and C-2 zoning classifications. New and used car dealerships are treated as a waiver use under Section 11.03(8) of the Zoning Ordinance. There are a number of special provisions or requirements that go along with this type of use. A couple of those include that no vehicles be parked within 20 feel from a public road right-of-way, the total number of vehicles proposed to be displayed or stored is subject to the recommendation of the Planning Commission and final approval by the City Council, and then any outdoor storage of disabled, damaged or unlicensed vehicles is strictly prohibited. In terms of the configuration of the site, the northerly part of the property is occupied by about a 9,000 square foot building that has a setback of roughly 73 feel from the front property line, which is more or less coterminous with the sidewalk. The building is shifted to the west side of the property. It has close to a zero setback along the west side, and there are two separate parking areas, one in the front of the building and then a second parking area to the rear. Connecting the two parking lots is a 25 foot June 11, 2013 25804 wide drive aisle that runs along the east side of the building. This is a long narrow parcel that extends another couple hundred feet to the south from what is shown on the site plan. That area is mostly undeveloped. It contains trees and other natural vegetation. In terms of parking for this type of use, the requirement for customers and employees is based on the area of the showroom and sales, as well as the service operations. In this particular case, a total of 18 parking spaces would be required for just customers and employees, 11 for the showroom and then 7 for the service operation, and that is determined by the number of bays. They are showing two bays on their floor plan. We require two parking spaces per bay and then one for each employee. We're estimating that there would be three employees of the business at least. The site plan shows that there are a total of 30 parking spaces; 13 in the front lot and 17 in the rear lot. That would allow for the display of up to 12 vehicles. There is some information that isn't quite complete at this point of time such as whether or not the entire building would be utilized for the used car operations. The floor plan is showing a commercial lease area to remain in the northwest corner of the building. That is presently occupied by a church. We have not actually factored that area into the parking, but it could be that additional spaces would be needed to accommodate that use, which would also limit the number of display spaces available on the properly. In terms of landscaping, only a very small portion of the front area of the site is cumenfly landscaped. It's a five fool strip that exists between the parking lot and the sidewalk. That's if you don't include all of the undeveloped portion of the site, which is to the south. Certainly when you factor that in, it is beyond the 15 percent minimum requirement. They're showing only minor changes to the exterior of the building. This plan shows the elevation views of each side of the building. You'll notice on the front, they're proposing to replace some of the smaller semi- circular windows on the east side with larger panes of glass. No plans have been submitted relative to signage or lighting on the property at this time. With that, Mr. Chairman, I can read out the departmental correspondence. We do have a number of items. Mr. Morrow: Please. Mr. Taormina: There are several items of correspondence. The first dem is from the Engineering Division, dated May 17, 2013, which reads as follows: "in accordance with your request, the Engineering Division has reviewed the above -referenced waiver use approval request. The written legal description is cerect as described on the plan dated May 6, 2013 by Detroit Architect. Please note that the width dimension on the south portion of the June 11, 2013 25805 property is shown on the drawing as 100.8 feet and does not match the legal description dimension of 100.53 feet. The address for this site is confirmed to be 33925 Plymouth Road. The petitioner appears to be providing new landscape, modifying the existing building and construction a new dumpster enclosure. The Engineering Division does not anticipate any review. Any work in Plymouth Road right -0f --way would require a permit from the Michigan Department of Transportation." The letter is signed by Todd Zilincik, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated May 31, 2013, which reads as follows: 7 have reviewed the petition for a waiver use approval to operate a used auto dealership with outdoor display on the property at the above referenced address and have noted the following: (1) NFPA 1, 2009 edition, 18.2.3.4.1.1, Fire Department Access Roads, states that access to the property must be unobstructed with a width of no less than 20 feet. (2) NFPA 1, 2009 edition, Chapter 30 must be followed. (3) NFPA 30A, 2012 edition, must be followed. (4) NFPA 101, 2012 edition, Chapter 40 must be followed. These issues and other code requirements will be addressed during the plan review process. Providing that all details are followed and inspected prior to tenant use, this department has no objections to this petition." The letter is signed by Daniel Lee, Fire Marshal. The third letter is from the Division of Police, dated May 14, 2013, which reads as follows: 9 have reviewed the plans in regards with the petition. 1 have no objections or recommendations to the plans as submitted." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated June 10, 2013, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. (1) The parking lot shall be repaired or replaced and restriped as necessary. Parking spaces shall be 10' wide and 20' deep and double striped. (2) Barrier free parking spaces shall be provided per code and be property signed, pavement striped and property located. (3) The wooded unimproved area behind the property has vehicles stored there illegally. Storage of disabled, damaged or unlicensed vehicles is prohibited. (4) If this illegal use is to be continued the following must happened. (a) Submit plan and obtain approval from Engineering including storm water management. (b) Obtain a land use permit for parking from the Inspection Department (5) No signage was reviewed at this time. (6) No vehicles shall be parked within twenty feet of the front lot line. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. The next letter is from Patrick J. Barry, Jr., dated June 6, 2013, which reads as follows: 9 am against the approval of this waiver. There are already two June 11, 2013 25806 used car lots (Thayer and Bill Brown) within one-half mile of the site. There are two other used carlots(former Buick dealer and Bill Brown) within two miles of the site. Two other used car lots within one-half mile (the former Oldsmobile dealer and the former Used Car Alternative dealer) closed already. The space available is relatively small for such a lot, leading to a crowded lot which would be aesthetically displeasing. Such standalone lots typically sell low-priced vehicles which would degrade the image of Plymouth Road that the City of Livonia has attempted to upgrade in the past several years. Since this is a request to grant a waiver use, 1 ask you to reject the waiver. The zoning was made with the best use of the site in mind. Granting a waiver will not be best for the site, the neighboring businesses, the image of Plymouth Road or the neighbors who reside in the subdivision to the south of the site. Thank you for your consideration in this matter." The letter is signed by Palnck J. Barry, Jr., 34090 Parkdale Avenue, Livonia, Michigan 48150. The next letter is from OHM Advisors, dated June 7, 2013, which reads as follows: "I am writing to express strong opposition to the referenced petition. As a local business owner located near the proposed used auto dealership, 1 am concerned about the effect this will have in the community. We believe the proposed waiver use is entirely unsuitable for this area and will have a negative effect on surrounding properties. We urge you to vote against this request. If there is any way 1 might be of assistance, please dont hesitate to call on me at (734) 466-4505." The letter is signed by John J. Hiltz, P.E., President. The next letter is from the Plymouth Road Development Authority, dated June 11, 2013, which reads as follows: "On June 4, 2013, the Executive Committee of the Plymouth Road Development Authority (PRDA) of the City of Livonia reviewed the above -referenced petition submitted by Catrin Farrugia requesting waiver use approval pursuant to Section 11.03(g) of the City of Livonia Zoning Ordinance #543, as amended, to operate a used auto dealership with outdoor display of vehicles at 33925 Plymouth Road, located on the south side of Plymouth Road between Farmington Road and Stark Avenue in the Northeast 1/4 of Section 33. Please be advised that PRDA Executive Committee does hereby object to and recommend denial of the proposed plans as presented by Catrin Famugia, based on the Committee's belief that the area and Plymouth Road in general is already well -served by new and used car auto dealerships, and that the site does not have the capacity to support the new use in keeping with the City of Livonia Zoning Ordinance and the streetscaping and landscaping objectives of the PRDA." The letter is signed by Mark Taormina, Economic Development and Planning Director. That is the extent of the correspondence. June 11, 2013 25807 Mr. Morrow: Are there any questions of the Planning Director? Mark, I have one. In order to operate a used car lot, do you have some kind of a State requirementto license to operate a used car lot? Mr. Taormina: Yes. Mr. Morrow: Could you refresh the Commission on that? Mr. Taormina: There is a Class B Used Vehicle Dealer license that is a requirement. I'm not sure of all of the requirements for obtaining that license, but the State does verify with the municipality, prior to issuing the license, whether or not there has been local zoning approval as well as local municipal approval. Those are fors that we fill out on a regular basis for all types of vehicle licensing whether it's for a wholesale license, Class B Vehicle dealer, etc.. Mr. Morrow: Thank you. You've heard the presentation and the correspondence. You can add to that or any other comments that you want to make. Catrina Farrugia, 33925 Plymouth, Livonia, Michigan 48150. Very good. Good evening. I'm here with Nathan Harvey, our architect. Nathan Harvey, 13716 Woodward Avenue, Highland Park, Michigan 48203. Mr. Morrow: Thankyou. Ms. Farrugia: We're here on behalf of Carlo Randazzo. He's a Livonia business owner for over 39 years. We're asking for a waiver to allow us to do what we believe to be the highest and best use for this property, which is to use the property as a used car sales location. We believe that there would be no adverse effect to any other business owners. I note that this use would be consistent with the character in the area. One of the first slides that was presented indicated that there was an auto parts store to the right and an auto parts repair facility to the left of our location. As I've staled, we've been in business for 39 years here in the great City of Livonia. We'd like to continue to be in business in the great City of Livonia. In all candor, Mr. Randazzo can no longer sustain his business as Randazzo's Tuxedo Rental here in the City of Livonia. Business has been declining. Mr. Randazzo is now 82 years old, and this is a business that requires Mr. Randazzo, in order to maintain a tuxedo rental business. We need Mr. Randazzo in order to do so. We need to have a waiver in order for us to continue to operate some business in the City of Livonia and we deemed June 11, 2013 25808 that his children would be able to run a used car lot. This is why we're asking for this waiver so that we can continue to pay taxes in the City of Livonia. At present, it is quite difficult for Mr. Randazzo. I believe his tax bill is in the ballpark of $20,000 a year. It's quite difficult for him to meet that obligation at this time. We're asking for very little by way of modification. The business and the structure itself is going to have very Iitfle modification. I understand the competing interests that this Commission is forced to deal with, one being the aesthefics and the pleasing of the community, and the second, keeping a business alive in the City of Livonia. I would submit to you that a vacant building with weeds growing around it is less aesthetically pleasing than a used car lot. If Mr. Randazzo is not able to receive this waiver, that's a very real reality, that we'll no longer be able to operate our business. This business will close down and we will have a 10,000 square fool vacant building on Plymouth Road. We do believe that our plan as presented would be aesthetically pleasing. It is not our desire to put a junk lot on Plymouth Road. We would like to sell used cars. We're not looking to diminish the quality of any business on Plymouth Road. I know that one of the requests for denial was a business owner. It's not our desire to diminish any quality on Plymouth Road. We love our location. We love doing business here in the City of Livonia and we wish to continue to do so. I have my architect here if you have questions on anything that we can do to assuage any concerns, and we would obviously comply with any and all recommendations or requirements of the Commission. Ms. Smiley: Did you go before the PRDA, the Plymouth Road Development Authority? Ms. Farmgia: No, I do not believe so. Ms. Smiley: What do you know about those cars in the back? Ms. Farmgia: I believe that those cars in the back are part of Mr. Randazzo's son's fleet, if you will. Ms. Smiley: Okay. Thank you. Ms. Farmgia: We can address that issue, obviously now since its been brought to our attention. Ms. Smiley: Okay. Thank you. Mr. Wilshaw: So it's Mr. Randa='s kids that are going to be operating the business. Are they going to be the operators of this business? June 11, 2013 25809 Ms. Farmgia: Correct. Mr. Wilshaw: Do they have any experience operating a used car dealership? Ms. Farmgia: I believe that Mr. Randazzo's son has some dealings with a partner, if you will. I don't know if that's the technical term, whether they do in fact have a partnership, but I know that he has been researching this area for quite some time and has, I'll put in quotation marks, partnered with a friend who does operate used car lots and has found it to be a viable business, something that he could, in fact, do and that's why we're asking for this as our waiver. Mr. Wilshaw: Okay. Does Mr. Randazzo own this properly or is this owned by someone else? Ms. Farmgia: Mr. Carlo Randazzo, who is present, he does own this property. Yes. Mr. Wilshaw: Okay. Thank you. Mr. Bahr: Mr. Wilshaw actually asked one of my questions. So the son that you said is interested in this, is that the same son that has the vehicles parked behind the building? Ms. Farmgia: I believe it is, yes. Mr. Bahr: Okay. I just wanted to point one thing out. You're correct in a sense in your assertion that there are a few other used car dealerships in the area and the auto parts store and sluff, but I just want to make one point. When we talk about a use being compatible to and in harmony with the area, in the case of Plymouth Road, one of the things that we need to pay really close attention to is what the PRDA says because when it comes to the use of the area, in this case, one of the things that we're interested in is the vision for that area that the PRDA defines. So I just wanted to make that point in response to what you said earlier. That's it. Mr. Taylor: I feel sorry for the fact that Mr. Randazzo got older and the business is failing, more or less, but I just don't see this as a site for a used car facility. First of all, you don't know who's going in there to start with, and second of all, normally you want to display your used cars. There's not much room in front of that building to display anything, and other than the back, I just don't think it fits in that area. It's a nice building and I wish there was something else that you could put in there that would work, but June 11, 2013 25810 my own feelings are, its just not the right use for a used car dealership. Thankyou. Ms. Farrugia: I certainly understand your concern. Al present, there would be two rows of cars. Obviously, they would pick the best units to place in the front. The rest of the inventory would be held in the back so as not to overcrowd the front and obviously to be more aesthetically pleasing, but I do understand your concern, Mr. Taylor. Ms. Scheel: I had a question to Mr. Taormina. This is requesting a waiver use. Does the waiver use go with the property or with the owner? Mr. Taormina: It would run with the land. Ms. Scheel: It would run with the land. Thank you. I just wanted to verify that. Mr. Wilshaw: I also have a question for Mr. Taormina. Through the chair, Mr. Taormina, the Inspection Department has noted that vehicles should not be for sale closer than 20 feel from the front lot line. Are the six parking spots that are in the front most part of the parking lot closest to the sidewalk within that 20 fool boundary? Mr. Taormina: Yes. Mr. Wilshaw: So they would not be able to have cars for sale in that area? Mr. Taormina: It would require an exception. The City Council would have to modify that special requirement of the waiver use to allow them to display vehicles along that front row of parking. Mr. Wilshaw: So assuming that they did not have that waiver, the only place that they could display vehicles in the front of the lot would be the six parking spaces that are in the front of the building that are closest to the building, with the exception of the handicap spot that's there. Mr. Taormina: Correct. Mr. Wilshaw: Okay. Thank you. Mr. Morrow: Anyone else? As part of the presentation, you said you have someone that's sharing the building with you. I think they said it was a church. Ms. Farmgia: Cored. June 11, 2013 25811 Mr. Morrow: That's currently not part of the petition. Is there any plan for that particular area? Ms. Farrugia: If the Commission would prefer that we no longer rent that space, we would obviously defer to the recommendation of the Commission. Mr. Morrow: Its just a matter of curiosity. We're not recommending anything along that line. We're just curious as to what your plans might be, but we don't venture into that area. Ms. Farrugia: If possible, we would like to continue to rent that out as a separate entity. Mr. Morrow: That's fine. Ms. Farrugia: Obviously for fiscal reasons, its extremely difficult right now to make ends meet, and we would ask for that, but if the Commission would prefer, we would defer to that request. Mr. Morrow: We understand that. We're just information only. We would have nothing to say as it relates to trying to cul off your rental. Ms. Farrugia: Thank you, Commissioner. Mr. Morrow: Is there anything else you want to add before I go to the audience? Ms. Farrugia: No, sir. Mr. Morrow: Okay. Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I will close the public hearing and ask for a motion. On a motion by Scheel, seconded by Taylor, and unanimously adopted, it was #06-28-2013 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 14, 2013, on Petition 2013-05-02-12 submitted by Catrina Farrugia requesting waiver use approval pursuant to Section 11.03(8) of the City of Livonia Zoning Ordinance #543, as amended, to operate a used auto dealership with outdoor display of vehicles at 33925 Plymouth Road, located on the south side of Plymouth Road between Farmington Road and Stark Avenue in the Northeast 1/4 of Section 33, which property is zoned C-2 and P, the Planning Commission does hereby deny Petition 2013-05- 02-12 for the following reasons: June 11, 2013 25812 1. That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the City is currently well served with similar uses to that which is being proposed; 3. That the petitioner has failed to demonstrate the need in the area for the type of commercial service proposed to be operated on the subject site; 4. That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with surrounding uses in the area; 5. That the petitioner has failed to adequately demonstrate that the site has the capacity to accommodate the proposed use; and 6. That the proposed use is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure suitability and appropriateness of uses. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Morrow: We have a denying resolution that was approved. As you heard in my opening remarks, you will have 10 days to appeal this decision to the City Council in writing. If you appeal it, Council will ultimately make the final determination as to whether this petition is approved or denied, but you have 10 days to appeal it in writing. Ms. Farmgia: Commissioner, when you say in writing, is there a particular forth orjust a general form letter requesting an appeal? Mr. Morrow: I would suggest that you talk to Mr. Taormina and he can give you input as to what the letter should contain. Mr. Taormina: Its just a letter. They can submit the letter to the Clerk requesting the appeal along with the fee, and then it will be processed, but it has to occur within 10 days of this evening. June 11, 2013 25813 Mr. Morrow: Okay. I guess as long as you just state that you're appealing the Planning Commission's decision and take it to the City Clerk so it's registered. Ms. Farmgia: Verygood. Thank you very much for your time. Mr. Morrow: Thank you for coming. ITEM #3 PETITION 2013-05-02-13 IGNITE GYM Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2013- 05-02-13 submitted by Kevin Crule requesting waiver use approval pursuant to Section 16.11(f) of the City of Livonia Zoning Ordinance #543, as amended, to operate a gymnastic training facility (Ignite Gymnastics) at 12932 Farmington Road within the Livonia Trade Center, located on the east side of Farmington Road between the CSX railroad right -0f --way and Schoolcraft Road in the Northwest 1/4 of Section 27. Mr. Taormina: This is a request to operate a gymnastics training facility within the Livonia Trade Center which is on the east side of Farmington Road between the CSX railroad and SchoolcreR. As you can see on the map, there is a lot of blue there which indicates all industrial zoning, including the site in question, which is M-1, Light Manufacturing. The darker blue areas represent M-2, General Manufacturing, and the green areas are publicly owned lands. The site area is about 6.8 acres. It has 360 feel of frontage along Farmington Road and a depth of around 825 feet. The site backs up to Westmore Avenue on its east boundary. Gymnastic training facilities are permitted as a waiver use under Section 16.11(f) of the Zoning Ordinance. The Livonia Trade Center is a four building multitenant industrial complex. Buildings "A" and "B, which are on the westerly half of the site, are about 28,000 square feet in size each, and then Buildings "C" and "D," which sit on the easterly half of the properly near Westmore Avenue, measure about 22,000 square feel. You can see from the site plan that they are slightly smaller in footprint than the two larger Buildings "A" and "B" closer to Farmington Road. Ignite Gymnastics would occupy a 4,200 square foot unit in the easterly part of Building "D", which is highlighted on the plan in yellow. This unit has exterior doors, both on the north and south elevations. The door on the north side is accessible by means of a pedestrian only walkway that runs between Buildings "C" and "D." It appears from the layout submitted to the Planning Commission that this would serve as the main entrance. This is the general floor plan showing a June 11, 2013 25814 lobby and office area up near the front of the unit and the larger space on the backside is actually the shop area which would be utilized as the gymnastics training area. The petitioner is not planning any exterior building modifications in connection with the proposal. In terms of parking, there are 250 parking spaces available at the Livonia Trade Center. All the parking is shared in common by all four buildings and there are at least 30 parking spaces that would be in close proximity to this unit. Just a couple weeks ago we approved a similar use, a dance studio, not located in this same building but to the building to the west which is idenfifed as Building "B" on the plans. With that, I'll answer any questions or go straight to the correspondence. Mr. Morrow: Please go to the correspondence Mr. Taormina: There are several items of correspondence. The first dem is from the Engineering Division, dated May 17, 2013, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced waiver use approval request. The written legal description is correct. The address requested for this site is not active. Upon City Council approval, a formal request would then need to be sent to the Engineering Department in order to activate the address as 12932 Farmington Road. It appears that Ignite Gymnastics will occupy the building and no site work is anticipated outside the building. Thus, no anticipated review would be required by the Engineering Department" The letter is signed by Todd Zilincik, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated May 31, 2013, which reads as follows: "1 have reviewed the petition for a waiver use approval to operate a gymnastic training facility on the property at the above referenced address and have noted the following: (1) This proposal is a change of use for the address in question. This requires that the location must conform to current NFPA 101 standards, 2012 edition, for New Assembly use. (2) Chapter 12, New Assemblies, and Chapter 7, Means of Egress, must be conformed to which includes Emergency Exit Signs, Emergency Lighting, Exit Pathways, Occupant Load, and Extinguisher Requirements. These issues and other code requirements will be addressed during the plan review process. We advise that no use of this facility be conducted prior to inspections and approval of any/all NFPA codes relating to New Assemblies. Providing that all details in regards to New Assembly Occupancy are followed and inspected prior to tenant use, this department has no objections to this petition." The letter is signed by Daniel Lee, Fire Marshal. The third letter is from the Division of Police, dated May 14, 2013, which reads as follows: "1 have reviewed the plans in connection with the petition. 1 June 11, 2013 25815 have no objections to the proposal." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated June 10, 2013, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted: (1) This petition is a change of use and would require that the building meet all current Michigan Building Codes including the Michigan Barrier Free Code. This will be addressed further at the time of our plan review if this project moves forward. (2) No signage has been reviewed. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. The next item is from Aristocrat Services Ltd., dated June 5, 3013, which reads as follows: 7 would like to lend my support for approval of the waiver use. 1 believe it is a very good location for such a use. Unlike other similar facilities that are set up in commercial strip malls this facility has very good egress and ingress from the plentiful parking without disturbing other businesses in the area because the hours of main opemtion will be when most of the commercial zone has gone for the day. 1 have found Mr. Kevin Crute to be a good landlord and in the short time he has owned the property has made several positive structural changes to this commercial center. Other than leasing from Mr. Crute 1 have no financial interest in supporting this change. Thank you." The letter is signed by Mike Lijewski. That is the extent of the correspondence. Mr. Morrow: Are there any questions of the Planning Director? Mr. Taylor: Through the chair to Mark Taormina. Mark, I know this is about the third or fourth one we've heard as a waiver use in an industrial zone. I know the Council is talking about changing the zoning or the waiver use facility for these uses. Is that still in the Council preview? Mr. Taormina: That discussion occurred at the last study meeting in connection with a similar request. I informed the Council that its our intention at some point to visit this issue as we systematically go through the ordinance and look at where it can be improved. Thais something that we have targeted for probably later in the year. So yes, it is something I think the Council would like the Planning Commission to advise them about. Mr. Taylor: It seems like a good use for that type of property because of the high ceilings and everything. Mr. Taormina: Correct. June 11, 2013 25816 Mr. Taylor: And because of the situation we have with some vacant properties throughout Livonia in the industrial zone. Mr. Taormina: Yes, and as I indicated to Council, the reason why we currently treat these as a waiver use is so that we could take a close look at how these types of uses interact with industrial uses in the area. The primary concern being industrial traffic and whether or not uses that generale traffic of a commercial nature or a service related business like this, to make sure there isn't any interference with truck traffic that might be frequent in the area. This has been an issue that we've encountered with the review of some of these similar requests. This particular request doesn't seem to have the kind of truck traffic associated with it that some of the other properties do. Mr. Taylor: And you mentioned that nothing is being done to the building, although I went by there today and it looks like they're putting new windows or something in the front. Mr. Taormina: Yes. I'll let Mr. Grine update you on what's happening there. Mr. Morrow: Is the petitioner here this evening? We will need your name and address for the record please. Kevin Crute, Farmington Road Business Center, L.L.C., 11844 Hubbard, Livonia, Michigan 48150. This is Ignite. Mr. Morrow: Would you like to introduce yourself? William Waugh, Owner, Ignite Gymnastics, 18833 Myron, Livonia, Michigan. Mr. Morrow: Thank you. You've heard the presentation and the correspondence. Is there anything you want to amplify or add to what you've heard so far? Mr. Cmle: Everybody is doing their homework. Gerald drove by. We're pulling new windows in. We finished one set of sidewalks. We're going to start on the next set of sidewalks for the east buildings. We've patched the parking lot for the time being. We've got a little bit more to patch. Because of the sidewalk renovation, we have tom some things up. As far as restriping the parking lot, that's 80 percent done. We'll finish the rest of it again when the majority of the cement work is done. We have a new tenant going in the front building where you saw the windows going in. He's taking up those two front spaces here. We have things going on, a lot of improvements. June 11, 2013 25817 Mr. Taylor: Are you going to change the name of the building? Mr. Cmte: Yes, we are. We want to get rid of that stigmatism to it. We haven't figured out what the name is going to be but the sign is halfway built or at least 30 percent of the way. One of these days you'll see a new name up there. Mr. Taylor: Its not going to be "Mr. Crute's Building?" Mr. Cmte: No, d is not. Ms. Scheel: Where is Ignite Gymnastics currently located? Are you expanding? Mr. Waugh: Yes. We've been open for a year. We've been sharing space with a competitor, a colleague, that I've known for years in Plymouth, Euro Stars Gymnastics. Ms. Scheel: Okay. And can you tell me what age groups you'll be serving and what time classes will be offered there? Mr. Waugh: Yes. Ages typically, kids can start as young as 18 months and go to 18 years. That's your typical age range with the bulk of the kids being 6 to 16. Recreational and preschool classes as well as junior Olympic competitive program, having high level and low level junior Olympic athletes. Most of our business would be after 4:30 p.m. and end by 9:00 p.m. with some offerings of daytime preschool classes. Ms. Scheel: Okay, and then this would be your only facility? You're leaving the facility in Plymouth? Mr. Waugh: Yes. We'll be leaving Euro Stars and taking our own space. Ms. Scheel: Okay. Thank you very much. Mr. Wilshaw: Mr. Grine, we were told that the petitioner is not making any exterior changes to his space, right, but you are continuing to improve upon and make changes to the entire site. Is that essentially the way you're describing it? Mr. Cmte: The improvements aren't specific for any one tenant except for the windows. The general improvements are the roof, the sidewalks, the parking, the sign, that kind of thing, but really, there's no improvement for his business or really any others. Mr. Wilshaw: Okay. That's good. If you're looking for a name for it, Crute's Castle would probably be one option. June 11, 2013 25818 Mr. Crule: That's the building down the street. Mr. Wilshaw: Mr. Waugh, it sounds like you're running a successful business now in another location and really just trying to expand upon that. How much space do you have in your current facility? Mr. Waugh: We share the space with them so, at any given space, we're occupying no more than a 40 foot by 40 foot space. Mr. Wilshaw: Okay. So you're really making a large expansion by getting this space. Mr. Waugh: Yes. Mr. Wilshaw: How many kids do you expect to have at any given time in one of your classes? Mr. Waugh: Classes, we run kids from about eight kids in the class typically. Like a preschool class, six kids per class; a rec class, eight kids per class, and then a team class, 12 kids or less. Mr. Wilshaw: And how many employees or instructors would you have? Mr. Waugh: Currently, just myself. Mr. Wilshaw: Would you add any additional as part of your expansion? Mr. Waugh: When enrollment dictates, yes. Mr. Wilshaw: Okay. So you're only going to be running one class at a time? Mr. Waugh: Yes. Mr. Wilshaw: Okay. The interior of the space of the building is basically just going to be a wide open space for you to put the pads down. Mr. Waugh: Pads and the bars and the beams, the big equipment. Mr. Wilshaw: Do you intend on having any competitions at this location? Mr. Waugh: No. Mr. Wilshaw: Just strictly training. Mr. Waugh: Yes. June 11, 2013 25819 Mr. Wilshaw: Sounds good. It sounds like a good business and a good use for this location. Thank you. Mr. Morrow: Anyone else? Is there anybody in the audience that wishes to speak for or against the granting of this petton? Please come down to the podium. We will need your name and address for the record please. Michael Elinsky, 9331 California, Livonia, Michigan 48150. I just want to say that my daughters have been doing gymnastics for about 10 years, of which the Iasi three have been with Coach Waugh. We followed him through his evolution from one location to the other and we're looking forward to this new location. Part of his business is to help the parents along with the children. In renting space, we are very limited to what days of the week he can actually use their gym to coach our kids. This new business proposal opens it up so that the families have more flexibility as to what days they can come. The kids have more flexibility as to hours and the amount of time they spend in the gym. I went over there also and looked at the building. It looks very nice as far as the location. It has easy access off of Farmington Road so we don't really have to travel through the industrial area. I do like the sidewalks in the middle so that we can just pull up our car, drop off our kids, watch them walk right up to the door and in they go. So there's no kid traffic going through the parking lot, that kind of thing, unless of course we want to park and then sit there and watch them as well. That's what I have to say in support of his business. Mr. Morrow: We appreciate your input. Does your daughter want to say anything? Mr. Elinsky: This is my daughter. She would like to say something. Mr. Morrow: We'll need her name and address too. Keegan Elinsky, 9331 California, Livonia, Michigan 48150. I've been doing gymnastics for about 10 years and I think Coach Bill, or Coach William, is the best coach I have ever had, and I just cannot wait until we get into our new building. Mr. Morrow: Thank you very much. We appreciate your input. It's been very helpful. Mr. Elinsky: Thankyou Ms. Elinksy: Thankyou June 11, 2013 25820 Mr. Morrow: Is there anyone else in the audience that wishes to speak for or against this? With that, I'm going to close the public hearing and ask for a motion. On a motion by Wilshaw, seconded by Scheel, and unanimously adopted, it was #06-29-2013 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 14, 2013, on Pe00on 2013-05-02-13 submitted by Kevin Crute requesting waiver use approval pursuant to Section 16.11(f) of the City of Livonia Zoning Ordinance #543, as amended, to operate a gymnastic training facility (Ignite Gymnastics) at 12932 Farmington Road within the Livonia Trade Center, located on the east side of Farmington Road between the CSX railroad right -0f --way and Schoolcraff Road in the Northwest 1/4 of Section 27, which property is zoned M-1, the Planning Commission does hereby recommend to the City Council that Pe00on 2013-05-02-13 be approved subject to the following conditions: 1. That the issues as outlined in the correspondence dated May 31, 2013, from the Fire Marshal, including those relating to the requirement that the proposed space must conform to current NFPA 101 standards, shall be resolved to the safisfacfion of the Fire Department; 2. That adequate off-street parking shall be provided which shall be sufficient to comply with the parking requirement for employees and patrons as set forth in Section 18.38(12) of the Zoning Ordinance; 3. That adequate lighfing be provided in the parking areas and walkways as determined by the Inspection Department; and 4. 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. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 16.11 and 19.06 of the Zoning Ordinance #543; June 11, 2013 25821 2. That the subject property has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Morrow: Is there any discussion? Mr. Wilshaw: Just a brief comment. I made this similar comment with a previous petition that was in the same development, that we've seen a number of these gymnastic facilities and other athletic facilities locate within our industrial corridor, and of the various places we've looked at, this particular development because of its unique design with the sidewalk and the layout of it, is particularly well suited to these types of uses. So I think ifs very appropriate in this location and certainly the owner of the properly, Mr. Grine, has done a very nice job of trying to revitalize this location, to seek tenants out and to improve this facility. So this is a good Livonia business run by a Livonia resident wanting to locale in Livonia, which is to me a win-win situation. Mr. Morrow: Thank you for your comments. Anyone else? Roll call please. Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Thank you for coming tonight and good luck with your new business. ITEM #3 PETITION 2013-05-02-13 IGNITE GYM Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2013- 05-02-13 submitted by Kevin Crule requesting waiver use approval pursuant to Section 16.11(f) of the City of Livonia Zoning Ordinance #543, as amended, to operate a gymnastic training facility (Ignite Gymnastics) at 12932 Farmington Road within the Livonia Trade Center, located on the east side of Farmington Road between the CSX railroad right -0f --way and Schoolcraft Road in the Northwest 1/4 of Section 27. Mr. Taormina: This is a request to operate a gymnastics training facility within the Livonia Trade Center which is on the east side of Farmington Road between the CSX railroad and Schoolcmft. June 11, 2013 25822 As you can see on the map, there is a lot of blue there which indicates all industrial zoning, including the site in question, which is M-1, Light Manufacturing. The darker blue areas represent M-2, General Manufacturing, and the green areas are publicly owned lands. The site area is about 6.8 acres. It has 360 feel of frontage along Farmington Road and a depth of around 825 feel. The site backs up to Westmore Avenue on its east boundary. Gymnastic training facilities are permitted as a waiver use under Section 16.11(f) of the Zoning Ordinance. The Livonia Trade Center is a four building multitenanl industrial complex. Buildings "A" and "B, which are on the westerly half of the site, are about 28,000 square feet in size each, and then Buildings "C" and "D," which sit on the easterly half of the properly near Westmore Avenue, measure about 22,000 square feel. You can see from the site plan that they are slightly smaller in footprint than the two larger Buildings "A" and "B" closer to Farmington Road. Ignite Gymnastics would occupy a 4,200 square foot unit in the easterly part of Building "D", which is highlighted on the plan in yellow. This unit has exterior doors, both on the north and south elevations. The door on the north side is accessible by means of a pedestrian only walkway that runs between Buildings "C" and "D." It appears from the layout submitted to the Planning Commission that this would serve as the main entrance. This is the general floor plan showing a lobby and office area up near the front of the unit and the larger space on the backside is actually the shop area which would be utilized as the gymnastics training area. The petitioner is not planning any exterior building modifications in connection with the proposal. In terms of parking, there are 250 parking spaces available at the Livonia Trade Center. All the parking is shared in common by all four buildings and there are at least 30 parking spaces that would be in close proximity to this unit. Just a couple weeks ago we approved a similar use, a dance studio, not located in this same building but to the building to the west which is identified as Building "B" on the plans. With that, I'll answer any questions or go straight to the correspondence. Mr. Morrow: Please go to the correspondence Mr. Taormina: There are several items of correspondence. The first item is from the Engineering Division, dated May 17, 2013, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced waiver use approval request. The written legal description is cemect. The address requested for this site is not active. Upon City Council approval, a formal request would then need to be sent to the Engineering Department in order to activate the address as 12932 Farmington Road. It appears that Ignite Gymnastics will June 11, 2013 25823 occupy the building and no site work is anticipated outside the building. Thus, no anticipated review would be required by the Engineering Department" The letter is signed by Todd Zilincik, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated May 31, 2013, which reads as follows: "1 have reviewed the petition for a waiver use approval to operate a gymnastic training facility on the property at the above referenced address and have noted the following: (1) This proposal is a change of use for the address in question. This requires that the location must conform to current NFPA 101 standards, 2012 edition, for New Assembly use. (2) Chapter 12, New Assemblies, and Chapter 7, Means of Egress, must be conformed to which includes Emergency Exit Signs, Emergency Lighting, Exit Pathways, Occupant Load, and Extinguisher Requirements. These issues and other cede requirements will be addressed during the plan review process. We advise that no use of this facility be conducted prior to inspections and approval of any/all NFPA cedes relating to New Assemblies. Providing that all details in regards to New Assembly Occupancy are followed and inspected prior to tenant use, this department has no objections to this petition." The letter is signed by Daniel Lee, Fire Marshal. The third letter is from the Division of Police, dated May 14, 2013, which reads as follows: "1 have reviewed the plans in connection with the petition. 1 have no objections to the proposal." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated June 10, 2013, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted: (1) This petition is a change of use and would require that the building meet all current Michigan Building Codes including the Michigan Barrier Free Code. This will be addressed further at the time of our plan review if this project moves forward. (2) No signage has been reviewed. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. The next item is from Aristocrat Services Ltd., dated June 5, 3013, which reads as follows: "1 would like to lend my support for approval of the waiver use. 1 believe it is a very good location for such a use. Unlike other similar facilities that are set up in commercial strip malls this facility has very good egress and ingress from the plentiful parking without disturbing other businesses in the area because the hours of main operation will be when most of the commercial zone has gone for the day. 1 have found Mr. Kevin Crate to be a good landlord and in the short time he has owned the property has made several positive structural changes to this commercial center. Other than leasing from Mr. Crate 1 have no financial interest in supporting this change. Thank you." The June 11, 2013 25824 letter is signed by Mike Lijewski. That is the extent of the correspondence. Mr. Morrow: Are there any questions of the Planning Director? Mr. Taylor: Through the chair to Mark Taormina. Mark, I know this is about the third or fourth one we've heard as a waiver use in an industrial zone. I know the Council is talking about changing the zoning or the waiver use facility for these uses. Is that still in the Council preview? Mr. Taormina: That discussion occurred at the last study meeting in connection with a similar request. I informed the Council that its our intention at some point to visit this issue as we systematically go through the ordinance and look at where it can be improved. That's something that we have targeted for probably later in the year. So yes, it is something I think the Council would like the Planning Commission to advise them about. Mr. Taylor: It seems like a good use for that type of property because of the high ceilings and everything. Mr. Taormina: Correct. Mr. Taylor: And because of the situation we have with some vacant properties throughout Livonia in the industrial zone. Mr. Taormina: Yes, and as I indicated to Council, the reason why we currently treat these as a waiver use is so that we could take a close look at how these types of uses interact with industrial uses in the area. The primary concern being industrial traffic and whether or not uses that generate traffic of a commercial nature or a service related business like this, to make sure there isn't any interference with truck traffic that might be frequent in the area. This has been an issue that we've encountered with the review of some of these similar requests. This particular request doesn't seem to have the kind of truck traffic associated with it that some of the other properties do. Mr. Taylor: And you mentioned that nothing is being done to the building, although I went by there today and it looks like they're putting new windows or something in the front. Mr. Taormina: Yes. I'll lel Mr. Crute update you on what's happening there. Mr. Morrow: Is the petitioner here this evening? We will need your name and address for the record please. June 11, 2013 25825 Kevin Crule, Farmington Road Business Center, L.L.C., 11844 Hubbard, Livonia, Michigan 48150. This is Ignite. Mr. Morrow: Would you like to introduce yourself? William Waugh, Owner, Ignite Gymnastics, 18833 Myron, Livonia, Michigan. Mr. Morrow: Thank you. You've heard the presentation and the correspondence. Is there anything you want to amplify or add to what you've heard so far? Mr. Crate: Everybody is doing their homework. Gerald drove by. We're pulling new windows in. We finished one set of sidewalks. We're going to start on the next set of sidewalks for the east buildings. We've patched the parking lot for the time being. We've got a little bit more to patch. Because of the sidewalk renovation, we have tom some things up. As far as restriping the parking lot, that's 80 percent done. We'll finish the rest of it again when the majority of the cement work is done. We have a new tenant going in the front building where you saw the windows going in. He's taking up those two front spaces here. We have things going on, a lot of improvements. Mr. Taylor: Are you going to change the name of the building? Mr. Crate: Yes, we are. We want to gel rid of that stigmatism to it. We haven't figured out what the name is going to be but the sign is halfway built or at least 30 percent of the way. One of these days you'll see a new name up there. Mr. Taylor: Its not going to be "Mr. Crate's Building?" Mr. Crate: No, it is not. Ms. Scheel: Where is Ignite Gymnastics currently located? Are you expanding? Mr. Waugh: Yes. We've been open for a year. We've been sharing space with a competitor, a colleague, that I've known for years in Plymouth, Euro Stars Gymnastics. Ms. Scheel: Okay. And can you tell me what age groups you'll be serving and what time classes will be offered there? Mr. Waugh: Yes. Ages typically, kids can start as young as 18 months and go to 18 years. That's your typical age range with the bulk of the kids being 6 to 16. Recreational and preschool classes as well June 11, 2013 25826 as junior Olympic competitive program, having high level and low level junior Olympic athletes. Most of our business would be after 4:30 p.m. and end by 9:00 p.m. with some offerings of daytime preschool classes. Ms. Scheel: Okay, and then this would be your only facility? You're leaving the facility in Plymouth? Mr. Waugh: Yes. We'll be leaving Euro Stars and taking our own space. Ms. Scheel: Okay. Thank you very much. Mr. Wilshaw: Mr. Crate, we were told that the petitioner is not making any exterior changes to his space, right, but you are continuing to improve upon and make changes to the entire site. Is that essentially the way you're describing it? Mr. Crate: The improvements aren't specific for any one tenant except for the windows. The general improvements are the roof, the sidewalks, the parking, the sign, that kind of thing, but really, there's no improvement for his business or really any others. Mr. Wilshaw: Okay. That's good. If you're looking for a name for it, Crute's Castle would probably be one option. Mr. Crate: That's the building down the street. Mr. Wilshaw: Mr. Waugh, it sounds like you're running a successful business now in another location and really just trying to expand upon that. How much space do you have in your current facility? Mr. Waugh: We share the space with them so, at any given space, we're occupying no more than a 40 foot by 40 fool space. Mr. Wilshaw: Okay. So you're really making a large expansion by getting this space. Mr. Waugh: Yes. Mr. Wilshaw: How many kids do you expect to have at any given time in one of your classes? Mr. Waugh: Classes, we ran kids from about eight kids in the class typically. Like a preschool class, six kids per class; a rec class, eight kids per class, and then a team class, 12 kids or less. Mr. Wilshaw: And how many employees or instructors would you have? June 11, 2013 25827 Mr. Waugh: Currently, just myself. Mr. Wilshaw: Would you add any additional as part of your expansion? Mr. Waugh: When enrollment dictates, yes. Mr. Wilshaw: Okay. So you're only going to be running one class at a time? Mr. Waugh: Yes. Mr. Wilshaw: Okay. The interior of the space of the building is basically just going to be a wide open space for you to put the pads down. Mr. Waugh: Pads and the bars and the beams, the big equipment. Mr. Wilshaw: Do you intend on having any competitions at this location? Mr. Waugh: No. Mr. Wilshaw: Just strictly training. Mr. Waugh: Yes. Mr. Wilshaw: Sounds good. It sounds like a good business and a good use for this location. Thank you. Mr. Morrow: Anyone else? Is there anybody in the audience that wishes to speak for or against the granting of this petition? Please come down to the podium. We will need your name and address for the record please. Michael Elinsky, 9331 California, Livonia, Michigan 48150. 1 just wanito say that my daughters have been doing gymnastics for about 10 years, of which the last three have been with Coach Waugh. We followed him through his evolution from one location to the other and we're looking forward to this new location. Part of his business is to help the parents along with the children. In renting space, we are very limited to what days of the week he can actually use their gym to coach our kids. This new business proposal opens it up so that the families have more flexibility as to what days they can come. The kids have more flexibility as to hours and the amount of time they spend in the gym. I went over there also and looked at the building. It looks very nice as far as the location. It has easy access off of Farmington Road so we don't really have to travel through the industrial area. I do like the sidewalks in the middle so that we can just pull up our car, drop off our kids, watch them walk right up to the door and in they go. So there's no kid traffic going through the parking June 11, 2013 25828 lot, that kind of thing, unless of course we want to park and then sit there and watch them as well. That's what I have to say in support of his business. Mr. Morrow: We appreciate your input. Does your daughter want to say anything? Mr. Elinsky: This is my daughter. She would like to say something. Mr. Morrow: We'll need her name and address too. Keegan Elinsky, 9331 California, Livonia, Michigan 48150. I've been doing gymnastics for about 10 years and I think Coach Bill, or Coach William, is the best coach I have ever had, and I just cannot wait until we gel into our new building. Mr. Morrow: Thank you very much. We appreciate your input. It's been very helpful. Mr. Elinsky: Thankyou. Ms. Elinksy: Thankyou. Mr. Morrow: Is there anyone else in the audience that wishes to speak for or against this? With that, I'm going to close the public hearing and ask for a motion. On a motion by Wilshaw, seconded by Scheel, and unanimously adopted, it was #06-29-2013 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 14, 2013, on Pefifion 2013-05-02-13 submitted by Kevin Crule requesting waiver use approval pursuant to Section 16.1 l(f) of the City of Livonia Zoning Ordinance #543, as amended, to operate a gymnastic training facility (Ignite Gymnastics) at 12932 Farmington Road within the Livonia Trade Center, located on the east side of Farmington Road between the CSX railroad right-0f--way and SchoolcreR Road in the Northwest 1/4 of Section 27, which property is zoned M-1, the Planning Commission does hereby recommend to the City Council that Petition 2013-05-02-13 be approved subject to the following conditions: 1. That the issues as outlined in the correspondence dated May 31, 2013, from the Fire Marshal, including those relating to the requirement that the proposed space must conform to current NFPA 101 standards, shall be resolved to the safisfaction of the Fire Department; June 11, 2013 25829 2. That adequate off-street parking shall be provided which shall be sufficient to comply with the parking requirement for employees and patrons as set forth in Section 18.38(12) of the Zoning Ordinance; 3. That adequate lighting be provided in the parking areas and walkways as determined by the Inspection Department; and 4. 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. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 16.11 and 19.06 of the Zoning Ordinance #543; 2. That the subject property has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Morrow: Is there any discussion? Mr. Wilshaw: Just a brief comment. I made this similar comment with a previous petition that was in the same development, that we've seen a number of these gymnastic facilities and other athletic facilities locate within our industrial corridor, and of the various places we've looked at, this particular development because of its unique design with the sidewalk and the layout of it, is particularly well suited to these types of uses. So I think ifs very appropriate in this location and certainly the owner of the property, Mr. Crute, has done a very nice job of trying to revitalize this location, to seek tenants out and to improve this facility. So this is a good Livonia business run by a Livonia resident wanting to locate in Livonia, which is to me a win-win situation. June 11, 2013 25830 Mr. Morrow: Thank you for your comments. Anyone else? Roll call please. Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Thank you for coming tonight and good luck with your new business. ITEM #4 PETITION 2013-10-08-12 COSTCO Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2013- 05-08-05 submitted by Design Strategies, Ltd. 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 expand the fueling facility (Costco) at 13700 Middlebelt Road, located on the southeast comer of Middlebelt Road and SchoolcmR Road in the Northwest 1/4 of Section 25. Mr. Taormina: The existing fueling facility at Costco received waiver use approval originally on February 12, 2003. Its located in the southwest corner of the properly accessible via the main drive aisles that con along the front of the store and conned to the other drive aisles with access to SchoolcmR, Middlebelt and Industrial Roads. The area of the gas station which is highlighted on this plan is about 6/101hs of an acre in area. There are six gas pump islands and they currently have the capacity to serve 12 vehicles at one time. The pumps are for members only and are entirely self -serve. There is a small controller enclosure or kiosk which is about 72 square feet and typically its occupied by one person who is there to assist customers and provide security and direct truck traffic. The building also contains monitoring equipment for the gas pumps but the request this evening is just to add two pumps to the existing fueling facility. Those pumps would be added to the south of the existing gas islands. The expansion would require extending the pavement an additional 32 feel. In addition, the canopy itself would have to be extended a similar distance. So the canopy would be extended from a total length of about 88 feel to 120 feel altogether. With the new pumps, the facility will be able to accommodate a total of 16 vehicles at one time. The Planning Commission reviewed this item at its study meeting and had a couple of questions. Mr. Ted Johnson, representing Costco, is here this evening and will be able to respond to questions regarding whether or not the facility could be relocated on the north side of the existing gas pumps. Some of the other questions pertain to the landscape in the area. June 11, 2013 25831 Following that study meeting, we did contact the designer, Mr. Johnson and his team, and they have put together an alternate plan dealing mostly with the landscaping. What they've done is signifcanfly increase the amount of plantings as well as the landscaped area on the site. It was one of the Commissioner's comments, I think Mr. Bahr, who indicated that if there isn't a need for parking in that area, then why create the additional spaces as part of the expansion project. Costco agrees with that and, in fad, they are eliminating a few of those spaces and replacing that with landscaping. In addition, they're showing additional plantings on the south side of the gas pumps to replicate what is currently there serving as a nice buffer between where these gas pumps are located and the main drive aisle that feeds into Millennium Park from Middlebelt Road. So the revised landscape plan shows new plantings including six canopy trees, seven ornamental trees, 55 shrubs as well as a variety of perennial grasses. Lastly, with respect to signage, I don't believe there is any major changes to the signage other than to relocate the existing signs on the canopy to make them symmetric with the facade of the canopy both along the east and the west elevations. Other than these modifications, no new signage is proposed with the project. With that, Mr. Chairman, I'll answer any questions or go right to the correspondence. Mr. Morrow: Let's go to the correspondence and then we'll see if there's any questions to clear up. Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated May 31, 2013, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the plans dated May 6, 2013 submitted by Design Strategies, Ltd. with the proposed expansion to the fueling facility for Costco at 13700 Middlebelt Road. The written legal description for this parcel provides 14.07 acres for the Parcel plans submitted show 14.89 acres. We respectfully request that the legal description be confirmed by a licensed surveyor in the State of Michigan for this parcel upon submittal. The address for this site is confirmed to be 13770 Middlebelt Road. We realize that these are preliminary plans. However, there appears to be an existing 124nch water main that is located to the south of the proposed expansion to the fueling station. Our records indicate that the water main is private. The proposed expansion shows relocated light poles that are in close proximity of the existing 124nch water main along with proposed landscaping4rrigation. We would recommend the detailed drawings include the exact locations of the 124nch water main, fire hydrants, and gate valve and wells. A soil June 11, 2013 25832 erosion and sedimentation control (SESC) permit will not be required since the project is less than one (1) acre and not located within 500 feet of a lake or stream, but best management practices should be used such as silt sack in the inlet filters and silt fence." The letter is signed by Todd Zilincik, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated May 31, 2013, which reads as follows: "1 have reviewed the petition for this proposal to expand the fueling facility at the above referenced address and have noted the following codes from NFPA 1, 2009 edition: (1) 18.2.3.4.1.1 Fire department access roads shall have an unobstructed width of not less than 20 it (6.1 m). (2) 18.2.3.4.1.2 Fire department access roads shall have an unobstructed vertical clearance of not less than 13 it 6 in. (4.1 m). (3) 18.2.3.4.1.2.2 Vertical clearances or widths shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. These issues and other code requirements will be addressed during the plan review process. Providing that all details in regards to this are followed and inspected prior to tenant use, this department has no objections to this petition." The letter is signed by Daniel Lee, Fire Marshal. The third letter is from the Division of Police, dated May 17, 2013, which reads as follows: "1 have reviewed the plans in connection with the petition. 1 have no objections to the proposal." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated June 10, 2013, which reads as follows: "Pursuant to your request, the above - referenced petition has been reviewed. This Department has no objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions of the Planning Director? Mr. Bahr: Mark, I wasn't following you. Where did you say that they were putting additional landscaping? Mr. Taormina: It would be directly to the west of the added pumps. Mr. Bahr: You indicated thafs laking the place of existing parking spaces? Mr. Taormina: What they were showing previously was expanded parking spots. This plan shows the before, and this plan shows the after with additional landscaping. Mr. Bahr: I understand. Okay. Thanks. June 11, 2013 25833 Mr. Morrow: Is the petitioner here this evening? We will need your name and address for the record please. Theodore R. Johnson, TJ Design Strategies, 2311 W. 22nd Street, #208, Oak Brook, IL 60523. 1 think Mark did a wonderful job again explaining. Some of the additional landscaping we put in on the resubmitted plan also is along the southern boundary. We put in some additional shrubs to recreate the hedge that's currently there, and right before I left Chicago this afternoon I learned that our property management group is in discussions with the owner of the property to the south of us. What I'm trying to do is obtain an 8 to 10 fool landscape easement from them so I could basically create a double row of plant materials. They requested a concept plan before they gave us any ayes or nays on this easement, and that plan is going to be complete tomorrow afternoon. When we send it to the property owned to the south, I'll also send a copy to Mark so he knows what we're trying to gel. Mr. Morrow: Thank you for that input. Is there anything else you want to add? Mr. Johnson: I don't believe so. Mr. Wilshaw: When you refer to the property owner to the south, are you talking about the grass area that's between the gas station and the road? Mr. Johnson: Yes. Most of the plant material on that properly is closer to the entrance road. So there is an area that's just grass just to the south of our properly line. I think when they see what we want to do, it's just going to improve both properties. I think we'll get a deal worked out. Mr. Wilshaw: Sounds good. Thank you. Mr. Bahr: First of all, I love what you're doing with the landscaping, and I think Costco has been a really good corporate citizen and always does a first class job of things, so I have no doubt of that. My question is, though, as I'm sure Mark relayed to you, did you ever consider expanding the gas station to the north as opposed to the south just because as somebody that lives in that area, I know that the parking lot to the north is very sparsely used. Mr. Johnson: Yes and no. We can only expand the canopy away from the underground tanks. If you look at the landscape plan, you'll see Mr. Morrow: Okay. Anything else for the petitioner? June 11, 2013 25834 on the north end of the fueling facility, there are three underground tanks there. The piping goes directly west and then south, so I don't have the ability to put footings in that area to the north. Mr. Bahr: That makes perfect sense. Thanks. Mr. Wilshaw: Just because I've dealt with traffic issues for a lot of years in the city, clearly Costco gas has been very successful at this location and others throughout the area. Its very often when I go by there, I'll see a line of cars extending from the gas area out into the main parking area. Is the addition of this pump to relieve that congestion or is it to add to it? Mr. Johnson: No, exactly. Its to relieve it. For the Iasi five or six years, all of the warehouses I've been getting approved have been four island stations. After seeing the traffic patterns around these four island stations and the less queuing, Costco decided earlier this year that we would go back and wherever we could expand the three island to four, we're doing that. In fact, I'm involved in I think its either 10 or 12 of these throughout the Midwest. It doesn't increase our membership. It basically decreases the members time waiting. Mr. Wilshaw: That makes a lot of sense to me. I believe the gas pumps do dispense at least 10 percent alcohol gas. Since we didn't gel the liquor license for this location, I guess you can gel some through this method. That's my joke for the day. Thank you very much. Mr. Morrow: Just to add to that, the new gas station that's going to be at your other Costco facility in Livonia, is this going to be the new pump concept over there? Mr. Johnson: Yes. Over on Haggerty is the four island. Its under construction right now. Even with that opening, that's going to relieve the congestion at this one because we have two warehouses only being served by one fueling facility. But we're just finding these three islands, there's a lot of queuing, so that's why we're doing the fourth. Mr. Morrow: So you're proactive on the other site. Mr. Johnson: Yes. I think I've been doing four islands for the last five or six years on all new warehouses. And I believe Haggerty is going to open either the end of July or early August. Mr. Morrow: Okay. Anything else for the petitioner? June 11, 2013 25835 Mr. Taylor: Do you have to shut down the rest of the pumps in order to put this new facility in on Middlebell? Mr. Johnson: From what I understand, we have to shut down the one lane. So we'd be shutting down two pumping facilities, but the remaining to the north would remain open so we would have 10 functional at the time of construction, and these expansions go very, very quick. Mr. Taylor: So your date to finish up is going to be July or August? Mr. Johnson: Is this the final action? Mr. Morrow: No. It goes to the City Council. Mr. Johnson: It goes to Council, then we have to submit building permits for a gas station. Mark, four weeks, six weeks? Mr. Taormina: It sounds about right. Mr. Johnson: We'll probably start in August Mr. Taylor: Thankyou. Mr. Morrow: Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, a motion would be in order. On a motion by Bahr, seconded by Taylor, and unanimously adopted, it was #0630-2013 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2013-05-08-05 submitted by Design Strategies, Ltd. 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 expand the fueling facility (Costco) at 13700 Middlebell Road, located on the southeast corner of Middlebell Road and SchoolcraR Road in the Northwest 1/4 of Section 25, be approved subject to the following conditions: 1. That the Site Plan marked Pll-02 dated June 5, 2013, prepared by Mulvanny G2 Architecture, is hereby approved and shall be adhered to; 2. That the Enlarged Site Plan marked P12-02 dated June 5, 2013, prepared by Mulvanny G2 Architecture, is hereby approved and shall be adhered to; June 11, 2013 25836 3. That the Landscape Plan marked L-1 dated June 7, 2013, prepared by Smithgroup JJR, is hereby approved and shall be adhered to; 4. That the request from the Engineering Division, dated May 13, 2013, regarding the submission of detailed drawings including the exact locations of the 12 -inch water main, fire hydrants, and gate valve and wells, shall be adhered to; 5. 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, 6. That all other conditions imposed by Council Resolution #58-03, which granted approval for the construction of a fueling facility on a portion of the Costco properly, shall remain in effect to the extent that they are not in conflict with the foregoing conditions. Mr. Morrow: Is there any discussion? Ms. Scheel: I have a question to Mr. Taormina. The Department of Public Works letter mentioned something about that they would recommend detailed drawings to include some exact locations. Does that need to be in our conditions? Mr. Taormina: You could reference that letter. We'll make sure that's embodied within the resolution. It's helpful to the departments to have this information when they receive the plans. So yes, we'll include that. Mr. Morrow: Also, Mark, I think he mentioned that he was going to try to get an easement for additional landscape to go to Council. Is that your understanding? Mr. Taormina: That is my understanding, and hopefully that information will be available by the time it gets to the Council. Mr. Morrow: As far as I'm concerned, as long as the staff approves it, it can go straight to City Council without coming back here. Mr. Taormina: I don't think the plans are contingent upon him obtaining that easement. Is that corect? Mr. Morrow: No, but I assume he's going to present it to the Council. Mr. Taormina: Yes. June 11, 2013 25837 Mr. Morrow: Okay. Thank you. Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #5 PETITION 2013-04-08-04 MOBIL GAS STATION Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2013- 04-08-04 submitted by ABA Investment, 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 demolish and reconstruct the gas station (Mobil) at 29401 Five Mile Road, located on the southwest comer of Five Mile Road and Middlebell Road in the Northeast 1/4 of Section 23. Mr. Morrow: We will need a motion to remove this item from the table. On a motion by Smiley, seconded by Scheel, and unanimously adopted, it was #0631-2013 RESOLVED, that the City Planning Commission does hereby remove from the table Petition 2013-04-08-04 submitted by ABA Investment, 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 demolish and reconstruct the gas station (Mobil) at 29401 Five Mile Road, located on the southwest corner of Five Mile Road and Middlebelt Road in the Northeast 1/4 of Section 23. Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. Mr. Taormina: I'll just briefly describe where we're at in the process. You'll recall that this item was tabled the last time we met to allow the petitioner an opportunity to provide some additional information regarding the design of the building and to incorporate some changes as well. With the initial design, there was confusion regarding the color scheme as well as some of the materials. They were showing significantly more E.I.F.S. on the design than what the current plan shows. This is the latest and much improved rendering of what the building would look like. It is all masonry construction. Theyve eliminated all of the E.I.F.S. bands that were shown on the earlier design. At the study session, the petitioner brought some samples of the materials, June 11, 2013 25838 and I think what the direction of the Planning Commission was, that they'd like to see the design reflect this rendering as much as possible. So with that, I'll answer any questions that you have. We have prepared the approving resolution as requested which hopefully captures as much of what this rendering tries to portray, but we may have some additional information from the petitioners this evening. Mr. Morrow: Also, I think there was some concern about the rear wall. Mr. Taormina: Yes. We have the modified elevations showing what that rear wall would look like. We don't have the rendering but, again, we'll ask the petitioner to clarify with the materials that would be used. The one other item that we wanted was the landscape plan, but I think we got clarification at the study meeting as to what they were doing with that. Mr. Morrow: Yes. I think there was some talk that they might even have the landscape plan available tonight. Mr. Taormina: Yes, they do. Mr. Morrow: Are there any other questions? With that, we'll ask the petitioner to come forward and give us your name and address for the record. Hakim Shakir, P.E., Engineering Services, Inc., 32232 SchoolcraR Road, Suite C-3, Livonia, Michigan 48150. Good evening. I'm the project engineer. We can explain again about the color. We brought samples again. The owner is here and they agreed to follow exactly the color scheme that we are presenting. We also submitted a landscaping plan to Mark so he has it. If I can pass this? Mr. Morrow: Yes, you can pass it along. While you're doing that, as the Planning Director had indicated, we tabled this because we wanted to have something a little more concrete as it relates to your building elevations and the materials being used. We've certainly come a long way in that regard. Do you have a landscape plan you wanted to present to us tonight? Mr. Shakir: Yes. Mr. Morrow: If you're going to present it, we should probably set him up on the easel. We're doing this so you can present it to the Commission as well as our vast television audience. June 11, 2013 25839 Mr. Shakir: This is Middlebelt and Five Mile Road. Right now there is some small landscaping at this time. We are going to replace with nice bushes along this comer and also along the dumpster. So it will be pretty much covered. All four corners will have nice landscaping. Then we also have a chart of plants and trees. Mr. Morrow: Are theygoing to be sprinkled? Mr. Shakir: Yes, underground sprinklers. Mr. Morrow: Underground sprinklers. Mr. Shakir: Yes, sir. Mr. Morrow: Mark, have you had the opportunity to review this plan? Mr. Taormina: Yes, Scott has reviewed it. Mr. Morrow: So it meets with your approval? Mr. Taormina: Yes, it does. Mr. Morrow: Are there any questions for the petitioner relative to the landscape plan? Mr. Taylor: Could you tum that over so we can see the regular plan that you have of the building and identify each one of these colors? Mr. Morrow: Just turn it around. Apparently he has some questions on the elevations. Mr. Taylor: Just identify, if you could, each one of these as to where the color is going. Mr. Shakir: The beige color will be going at the bottom, and this will be red and then on the top .... Mr. Taylor: Now, which one? Is this the right one? Point to where that's going to go. Mr. Shakir: Okay. Mr. Morrow: Why don't you hand them to him, Joe? Mr. Shakir: We didn't gel exactly the actual color, but this is the one going at the bottom, exactly the same texture and everything. This is the color going over here, but it will not be textured; it will be flat. June 11, 2013 25840 And then, there is another one, a red color, but it will be like a brick shape, covering this part over here. Mr. Taylor: And the back of the building? Mr. Shakir: The back of the building will be the same as this one. Mr. Taylor: Okay. Thank you. Mr. Morrow: I see you have some other block in there also. Mr. Shakir: Yes. If you could see the back, it's exactly the same. Mr. Bahr: So it's a little bit different than what we see on the rendering? This is what I have from last week. I think it's the same as what you showed. It shows the red up here. You're now showing this as solid all the way across. Am I reading that right? Mr. Shakir: No. Mr. Bahr: I'm sorry. I gotcha. I golcha. I see it. Mr. Morrow: I think that's the one we had Iasi week, right? Mr. Shakir: Right. Mr. Morrow: We want a little more definitive information. Mr. Bahr: I misread it the first time. I'm all set. Mr. Morrow: Anything else? Mr. Shakir: No. Mr. Morrow: Then I'm going to go to the audience. Do you have any other information you want to impart to us? Mr. Shakir: No. The owner is anxious to get this thing going and, again, he wants to make sure the building looks real nice. Mr. Morrow: We appreciate your cooperation, and we think you brought back something very good to send to City Council. Mr. Shakir: Thanks very much. Mr. Morrow: Is there anybody in the audience that wishes to speak for or against the grenfing of this petition? Seeing no one, I'm going to ask for a motion. June 11, 2013 25841 On a motion by Smiley, seconded by Scheel, and unanimously adopted, it was #0632-2013 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2013-04-08-04 submitted by ABA Investment, 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 demolish and reconstruct the gas station (Mobil) at 29401 Five Mile Road, located on the southwest comer of Five Mile Road and Middlebell Road in the Northeast 1/4 of Section 23, be approved subject to the following conditions: 1. That the Proposed Site & Landscaping Plan marked Sheet C-02 dated May 17, 2013, as revised, prepared by Engineering Services, Inc., is hereby approved and shall be adhered to; 2. That the Elevation Plan marked Sheet No. A-02 dated May 17, 2013, as revised, prepared by Engineering Services, Inc., is hereby approved and shall be adhered to; 3. That the colors of the building materials shall match that of the color rendering submitted on May 28, 2013, and the brick used in the construction shall be full face four inch (4") brick; 4. That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times; 5. 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; 6. That any illumination of the pump island canopy shall be restricted to the undercarriage and all light fixtures shall be recessed and made flush with the established ceiling; provided, however, that this section shall not apply to those specified signs which are expressly allowed by the district regulations contained in this ordinance; June 11, 2013 25842 7. That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including stone water management permits, and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the Stale of Michigan Department of Natural Resources and Environment (DNRE); 8. That all light fixtures shall not exceed twenty feel (20') in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 9. No outside storage, placement or display of merchandise shall be permitted at any time on this site, however the foregoing prohibition shall not apply to the display, on the pump islands only, of oil based products as permitted in Section 11.04(a) of the Zoning Ordinance; 10. That free air shall be provided at all times this station is open for business. The free air shall be dispensed at the point of service without having to enter the station or the performance of any extra action in order to obtain the air without charge; 11. That no vehicle vacuum equipment or the outdoor placement of propane cylinder storage units shall be permitted on the site; 12. That the sale of ice shall be restricted to the inside of the building; 13. 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; 14. That no part of the pump island canopy fascia, with the exception of signage, shall be illuminated; 15. That no LED lighthand or exposed neon shall be permitted on this site including, but not limited to, the pump island canopy, building or around the windows; 16. That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for deficient building setback and deficient number of parking spaces and any conditions related thereto; June 11, 2013 25843 17. 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, 18. 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 only 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. Morrow: Anydiscussion? Mr. Taylor: Only an old leacher could read like that. Ms. Smiley: I do have one comment and that is, we really appreciate what a wonderful job you have done with the color rendition and the changes to this site. I'm looking forward to this. Mr. Morrow: Thank you, Mrs. Smiley. Any other discussion or comment? Seeing none, roll call please. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. The approving recommendation will be sent forward to the City Council. Ms. Scheel: I'd like to offer a seven day waiver. On a motion by Scheel, seconded by Wilshaw, and unanimously adopted, it was #0633-2013 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective dale of a resolution after the seven-day period from the dale of adoption by the Planning Commission, in connection with Petition 2013-04-08-04 submitted by ABA Investment, 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 demolish and reconstruct the gas station (Mobil) at 29401 Five Mile Road, located on the southwest corner of Five Mile Road and Middlebelt Road in the Northeast 114 of Section 23. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. You not only have an approving recommendation but we're waiving the seven day wailing period for the minutes to be approved. With that, I would advise you June 11, 2013 25844 just to work with Mr. Taormina as far as getting it on the City Council agenda as soon as possible. Mr. Shakir: Can I gel a copy of the conditions? Mr. Morrow: Yes. That will be available to you through the Planning office. Absolutely. Thank you very much for your effort. Good luck. ITEM #7 APPROVAL OF MINUTES 1,039m Public Hearings and Regular Meeting Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,039'" Public Hearings and Regular Meeting held on May 14, 2013. On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was #0634-2013 RESOLVED, that the Minutes of 1,039th Public Hearings and Regular Meeting held by the Planning Commission on May 14, 2013, are hereby approved. A roll call vole on the foregoing resolution resulted in the following AYES: Taylor, Scheel, Bahr, Smiley, Wilshaw, Morrow NAYS: None ABSENT: None ABSTAIN: None Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,040'" Public Hearings and Regular Meeting held on June 11, 2013, was adjourned at 8:35 p.m. CITY PLANNING COMMISSION Lynda L. Scheel, Secretary ATTEST: R. Lee Morrow, Chairman June 11, 2013 25845