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HomeMy WebLinkAboutPLANNING MINUTES 2011-01-25MINUTES OF THE 1,004rH PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, January 25, 2011, the City Planning Commission of the City of Livonia held its 1,004" 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: Ashley Krueger Deborah McDermott R. Lee Morrow Carol A. Smiley Gerald Taylor Ian Wilshaw Members absent: Lynda Scheel Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Chairman Morrow informed the audience that if a petition on tonighfs 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 pefifion 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 delerminafion as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their 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 PETMON 2010-12-02-19 LUBE CUBE Ms. Smiley, Acting Secretary, announced the first item on the agenda, Petition 2010-12-02-19 submitted by Ed Khalil requesting waiver use approval to construct and operate a quick oil change facility (Lube Cube) at 28085 Plymouth Road, located on the south side of Plymouth Road between Harrison Road and Deering Avenue in the Northeast 1/4 of Section 36. Mr. Taormina provided background on the item and presented a map showing the properly under petition plus the existing zoning of the surrounding area. January 25, 2011 25539 Mr. Morrow: Is there any correspondence? Mr. Taormina: There are five items of correspondence. The first item is from the Engineering Division, dated January 14, 2011, which reads as follows: 9n accordance with your request, the Engineering Division has reviewed the above -referenced petition. The legal description provided does close property, but does not show the 60' right of way dedicated for Plymouth Road. This should be corrected when preparing detailed engineering drawings. The address according to our records is 28085 Plymouth Road. A copy of this comespondence is being provided to the petitioner to apprise of the following additional information: Plymouth Road is under the jurisdiction of the State of Michigan. Before preparing detailed Engineering drawings, the petitioner should contact the State Department of Transportation to determine what requirements they may have which would affect the design or permitting. Our records indicate that there is more than one storm sewer system within the Plymouth Road right-of-way. There is an 844nch diameter storm sewer known as the Livonia Drain No. 1. 1 believe this may be the sewer the petitioner is proposing to tap for the storm water discharge point. It is important to note that this drain was originally under the jurisdiction of Wayne County. Jurisdiction of this drain was relinquished to the City of Livonia on December 6, 1990. Due to the size of the site, a storm water treatment vault (Stormceptor or similar) is required before the storm water Flows enter the receiving storm sewer. The plan indicates connection to the sanitary sewer south of the site. If not already done, the petitioner should contact the Engineering Division to obtain existing information on this sewer to facilitate the design process." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 4, 2011, which reads as follows: 'This office has reviewed the site plan submitted in connection with a request for a waiver use approval to constmct and operate a quick oil change facility on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Earl W. Fester, Senior Fire Inspector. The third letter is from the Division of Police, dated December 29, 2010, which reads as follows: We have reviewed the plans in connection with Lube Cube Oil Change located at 28085 Plymouth. We 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 January 18, 2011, which reads as follows: "Pursuant to your request, the January 25, 2011 25540 above -referenced petition has been reviewed. The following is noted. (1) All parking spaces are required to be a minimum of 10' by 20' and double striped. (2) Barrier free parking spaces are to be property sized, signed and striped. At least one van accessible space must be provided which requires a minimum of a 5 foot wide hashed access aisle alongside of the 11 foot wide parking space. The petitioner does not show an access aisle next to the accessible space. It may also be an 8 foot aisle and an 8 foot parking space. (3) All rooftop equipment must be screened from view on all sides. (4) Gates on the dumpster enclosure shall be steel and/or as approved by the Planning Commission. (5) The Petitioner shows a greenbelt to be installed in lieu of a protective wall along the south property line. This proposed greenbe# must be approved by the Planning Commission and/or City Council. (6) No provisions for storm water management have been provided. This will be addressed by the Inspection Department and the Engineering Department at the time of our plan review if this project moves forward. (7) No signage has been reviewed at this time. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. The next letter is from the Plymouth Road Development Authority, dated January 21, 2011, which reads as follows: "At the 225' Regular Meeting of the Plymouth Road Development Authority of the City of Livonia held on January 20, 2011, the following resolution was unanimously adopted: #2011-04 RESOLVED, that the Plymouth Road Development Authority does hereby support the proposed plans as presented by Ed Khalil requesting waiver use approval to construct and operate a quick oil change facility (Lube Cube) at 28085 Plymouth Road, located on the south side of Plymouth Road between Harrison Road and Deering Avenue in the Northeast 1/4 of Section 36 (Petition 2010-12-02-19), subject to compliance with all City codes and ordinances and the Plymouth Road Development stmetscape goals and objectives, as such may be modified by the action of the Planning Commission and/or City Council, and further provided that the landscaping in front of the building complement the existing PRDA landscape improvements, and that the Planning Commission encourage further consideration of rear entry/front exit from the service doors." The letter is signed by Mark Taormina, Planning Director. That is the extent of the correspondence. Mr. Morrow: Are there any questions of Mr. Taormina before we go to the petitioner? Seeing none, is the petitioner present? Sir, we will need your name and address for the record please. January 25, 2011 25541 Amarjil Chawney, Architect, Architectural Forensics Associates, L.L.C., P.O. Box 250059, Franklin Village, Michigan 48025. Good evening to you all. Mark had made an excellent presentation. I don't know what I can add to it except for a couple things. We intend to follow the PRDA requirements. I met with them Iasi Thursday. Its a very basic building. We meet all the zoning ordinance requirements. The color of the brick will be very comparable with what the development on Middlebell and Plymouth Road, the Walmarl areas, very earth lone colors. The person who will lease it, he already owns two other similar facilities elsewhere in the metro area. If you have any questions, I'd be more than happy to answer them. Mr. Morrow: Thank you. Are there any questions for the petitioner? Mr. Taylor: If I may say, every oil change that I've been to, you enter through the back and go out through the front as was suggested by the Planning Director, Mark Taormina. Is there a reason why you want to come in the front and go out the back? Mr. Chawney: Okay. This was basically the requirement of the person who will lease it. He feels that when you come in the front, the place looks a little busier, even though whenever I have gone to gel an oil change, I've gone there many, many times, you stay in the car. Usually, there is not more than two or three people at any given time. I have never seen any backlog in any such facilities at all. I should say I have rarely seen a backlog, and they want the place to look a little busy in the front so it looks like they're doing good business. That's the only consideration. Mr. Taylor: I guess the reason I ask is, if there were any cars in the back, they're not lining up in the front for people to see them as they're going by. The front of your building is showing. The only time a car comes out is when the door opens and you go out. Mr. Chawney: Personally, I think you have a verygood point of view. It can go either way, but we are following what we were told by the person who will lease it. Mr. Taylor: What are your hours of operation? Mr. Chawney: The hours will be, basically in the summertime, 7:00 a.m. to 7:00 p.m., and the wintertime, about the same. But it won't go beyond 7:00 p.m. in the evening. Ms. Smiley: Okay. That sounds good. The other thing I wanted to tell you is, if I were to drive by there and see cars slacked up in front, because its a quick lube, I'd drive by. So you might want to tell your owner that he should consider going in the back because if I'm already committed to going around the back, I could probably wail five minutes, but if I drove by and saw cars slacked up there, I would think now is not a good time for a quick lube. Mr. Chawney: Between you and me, I agree with you. January 25, 2011 25542 Mr. Taylor: Do you know the type of material you're going to use on the dumpsler cover? Is it going to be brick? Mr. Chawney: We have not decided that yet, but it will be very sturdy. It will meet all the requirements of the Engineering Department of the City of Livonia. The doors will be steel doors as the ordinance requests. Mr. Taylor: Well, we normally ask for brick that is the same brick that's on the building. Now, our Condition #7 says a complementary building material, which leaves a lot of openings for me. Mr. Chawney: I would recommend to the gentlemen that we agree with what you're saying. Mr. Taylor: Thank you, sir. Ms. Smiley: There is some discussion about banking some of the parking in front since you have extra parking spaces so that you can add some more landscaping in the front of the building. Mr. Chawney: Yes. That's a very good point. When we were at the meeting at the PRDA, we discussed that. What we are going to do is eliminate one parking space in the front, take half of that, add to the extra landscaping, and then put the other half right next to the building to the parking space for the physically handicapped. When we provide that, we have enough space between that and the face of the building. We are required to have eight plus eight or, I believe, twelve plus four, either way we're required 16 feel there. We already have 16 feel there, but I would recommend to the owner that we put in an extra space between the face of the building and the edge of the parking delineation. So we will take one parking space out, which is 10 feet, add five feet to the landscaping and five feel in front of the building. Ms. Smiley: Okay. That sounds good. The other thing I wanted to tell you is, if I were to drive by there and see cars slacked up in front, because its a quick lube, I'd drive by. So you might want to tell your owner that he should consider going in the back because if I'm already committed to going around the back, I could probably wail five minutes, but if I drove by and saw cars slacked up there, I would think now is not a good time for a quick lube. Mr. Chawney: Between you and me, I agree with you. January 25, 2011 25543 Ms. Smiley: I think the rear entry is much better traffic flow loo. Thank you, Mr. Chair. Ms. McDermott: Good evening. I wanted to ask about the signage. It was menfioned that there's several signs proposed but that's going to require a variance. Do you know if the owner wants to have all of those signs or do you have any more information? Mr. Chawney: What I have already told the gentleman is that we will follow exactly what the City of Livonia requires. There is a sign ordinance, and we intend to follow the sign ordinance. When we get into detailed drawings, you know, at that time we will resolve all these issues. Basically, I look at them as a minor issue, and they will be resolved before the site plan is approved, which I'm sure will come again in front of you once more for the site plan approval. This is only for what I understand is for the waiver, if I'm not mistaken. We intend to conform with the ordinance requirements of the City of Livonia. Ms. McDermott: Okay. Thank you. Mr. Morrow: Mark, are we not approving the site plan here tonight also? Mr. Taormina: Yes, that's what we're here for, that and the waiver use. They are one and the same in this case. Mr. Morrow: It will not be coming back after tonight. Mr. Chawney: Oh. Thank you. Mr. Morrow: The only thing that relates to sign, is sometimes when people haven't got a definite sign package, we ask them for a call back item so that we can actually see what it looks like. I dont know if the Commission wants to do that or not, but certainly I would advise you to have it for the City Council should this go forward. Mr. Wlshaw: Mr. Chawney, just a couple quick questions. I do want to start off by saying that I appreciate how cooperative you're being with all these different groups that are asking for different things. I really appreciate that. Are there going to be any other services offered at this oil change place other than oil change or is it strictly oil change? Mr. Chawney: No. Its strictly oil change. Nothing else. No automobile repairs. Nothing. Basically, just oil change. January 25, 2011 25544 Mr. Wlshaw: How are you going to handle the storage of the oil? Is internal? There's a tank that you're storing this in? Mr. Chawney: There's a basement. We're going to put a basement underneath and most of the storage will be in there. We will have tanks with oil that they pump into the engine. Basically, it is self-contained. Mr. Wilshaw: Okay. Are there going to be any mechanical devices on the rooftop, air conditioners or other units that are going to be on the roof? Mr. Chawney: I don't believe so but basically you have to heat the place. There will be space heaters in the garage area, but then there is a little office that may have its own heating unit. I can't answer that question at this time. Mr. W Ishaw: Okay. The only reason we ask is, if you do put anything on the roof, we want it screened so that it's not visible. Mr. Chawney: That's true. That's very, verytrue. It will be screened. Mr. Wilshaw: Okay. Very good. Thank you. Mr. Morrow: Any further questions? I'm making the basic assumpfion that the brick we're talking about is full face four inch brick. Mr. Chawney: Yes. It will be very similar to what you have at Plymouth Road and the Middlebell area. We want to maintain the same character. Mr. Taormina: Just a quick question regarding the landscaping. As I understand it, you're going to enlarge the island that is just north of the parking space in the northeast corner of the parking lot. So this space would be removed and half of that area will be devoted to widening this island, and then the balance of the area, another five feet or so, will be needed in order to make this a conforming barrier free space. Is that correct? Mr. Chawney: That's true. Mr. Taormina: Okay. There are a couple of trees planted along the front of the property. There's a couple Iargerirees thatwe understand have to come out as part of the site development process. There are a couple other trees, and I'm not sure where they fall in relationship to these areas. Are you aware if those trees have to be removed? They are planted in a row. I think there are Ken Hamilton, General Manager, Feinn Tire, 28055 Plymouth, Livonia, Michigan 48150. We are right next door to their proposed lube shop here. Of course, we are opposed to it. That's what we do there. We do oil changes. I mean I've never mel these gentlemen here before, but I think we've been a real good citizen, business in Livonia now for 37 years. How many oil change shops do we have to gel on Plymouth Road? I know that Speedy, a couple doors down right there at Harrison and Plymouth Road, they do oil changes. We do them. You can go half a mile east. You can go half a mile west. You've got these oil change shops at every January 25, 2011 25545 three trees. If those would be removed, are there any plans to reintroduce trees in this area? Mr. Chawney: If you will allow me to make a comment. I live in Beverly Hills, and I built my house in 1994. It is full of trees. To protect some trees, I went the extra length. If it was within 10 feel of the building, I didn't want it cul. These trees were like 24 inch, 30 inches. Within three years, two of them died. Once the building is built, it is very difficult and very expensive to then cut them and remove them. I would say here, if we can preserve the trees, yes, we will make every effort to do so, but my experience is that trees don't survive if they are within 15 feet of a building when you excavate, but we will do our best to retain them if we can. Mr. Taormina: Mr. Chair, what I would recommend then is that we fashion some kind of language in the resolution should it be approved this evening that would either preserve those trees or require some trees to be replanted in the event that they cannot be saved. Mr. Morrow: Duly noted. Any other questions? Mr. Chawney: I just want to make a little comment. Il will provide four new jobs in the City of Livonia. The intent is four employees. Mr. Morrow: Thank you. I'm going logo to the audience to see ... Mr. Chawney: I'm sorry. The one who is going to lease the building and operate it is a resident of Livonia himself. Any other questions, I'll be happy to answer. Mr. Morrow: I think we're all set. I'm going to go the audience to see if there is anyone that wishes to speak for or against this petition. If you would please come forward to one of the podiums. We need your name and address for the record. Ken Hamilton, General Manager, Feinn Tire, 28055 Plymouth, Livonia, Michigan 48150. We are right next door to their proposed lube shop here. Of course, we are opposed to it. That's what we do there. We do oil changes. I mean I've never mel these gentlemen here before, but I think we've been a real good citizen, business in Livonia now for 37 years. How many oil change shops do we have to gel on Plymouth Road? I know that Speedy, a couple doors down right there at Harrison and Plymouth Road, they do oil changes. We do them. You can go half a mile east. You can go half a mile west. You've got these oil change shops at every January 25, 2011 25546 street comer now. Its a good revenue for business. That's why you see so many of them. I was sort of surprised that he said he wasn't going to do anything else but oil changes. Its usually radiator flushes, hoses, you know, that type of thing. General maintenance that you would do to an automobile is what also accompanies oil changes. So that's why I thought I would come in here and just lel you know what our position is on it. Mr. Morrow: Thank you. Any questions for this gentleman? I guess not. Thank you for your input. Is there anyone else in the audience? Yes, sir. Sam Klemens, 27601 Oakley, Livonia, Michigan 48154. I'm the one that owns all the Lube Cubes. I'm the one that wants to open up here. In respect to Feinn Tire, we're not doing auto repair. This is strictly a drive-thru oil change. The Speedy down the street is not a drive-lhm oil change, neither is Feinn Tire. Its going to be strictly drive-lhm oil change. Just wanted to let him know that. That's it. Mr. Morrow: Is there any other ancillaryservice that you perform? Mr. Klemens: Of course, there's lube. There's radiator flushes, fuel filters. It's just your basic maintenance on vehicles but no auto repair. Mr. Morrow: Thank you. Any questions of the gentleman? Anyone else in the audience? Any questions? Seeing none, I'm going to close the public hearing and ask for a motion. Second time, do we have a motion? On a motion by Taylor, seconded by Smiley, and unanimously adopted, it was #01-01-2011 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January 25, 2011, on Petition 2010-12-02-19 submitted by Ed Khalil requesting waiver use approval to construct and operate a quick oil change facility (Lube Cube) at 28085 Plymouth Road, located on the south side of Plymouth Road between Harrison Road and Deering Avenue in the Northeast 1/4 of Section 36, which properly is zoned G2, the Planning Commission does hereby recommend to the City Council that Petition 2010-12-02-19 be approved subject to the following conditions: 1. That the Site Plan marked Sheet S-1 prepared by ECKO Inc., dated December 16, 2010, is hereby approved and shall be adhered to; January 25, 2011 25547 2. That the landscaping shown on the above -referenced Site Plan is hereby approved and shall be completed in accordance with said plan, subject to the following stipulations: - That all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, and any existing plant material to remain or be relocated that is dead or dying shall be replaced with new plant material of the same variety or with a variety of equal quality and growth characteristics; - That all disturbed lawn areas shall be sodded in lieu of hydroseeding; - That all landscaped and sodded areas shall be provided with an automatic underground irtigation system; That the landscaped greenbelt along the south property line shown on the above -referenced Site Plan is hereby accepted and shall be substituted for the protective wall required by Section 18.45 of the Zoning Ordinance. That any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelts effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission for their review and approval or immediately construct the prolective wall; 4. That the issues specified in the Plymouth Road Development Authority (PRDA) Resolution #2011-04 shall be resolved to the safisfaction of the Planning Director, including reversing the traffic flow so that vehicles being serviced enter the building from the rear (south) and exit through the front (north); 5. That the Building Elevations Plans, both marked Sheet A-1 prepared by ECKO Inc., dated December 16, 2010, are hereby approved and shall be adhered to; 6. That any 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; January 25, 2011 25548 7. That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement 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; 8. That all parking spaces shall be double striped, including the provision of barrier free parking with proper signage, marking and configuration, and all regular spaces shall be 10 feet by 20 feet in size as required; 9. That all light poles shall be a maximum of 20 feet high including the base and all light fixtures shall be shielded to minimize glare trespassing on adjacent properties and roadway; 10. 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 storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Natural Resources and Environment (DNRE); 11. 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; 12. That no LED lighthand or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; and 13. 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. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and January 25, 2011 25549 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. Taylor: Mark, I'm not sure we need Condifion #9. They're not going to put any light poles up. Mr. Taormina: Well, should there be change where they want to introduce a couple light poles, I think its better than we keep that condition in there. Mr. Taylor: Okay. Mr. Morrow: Mark, does Condition #2 address the concern you had about the removal of trees and replacement if necessary? Mr. Taormina: Yes, Ithink so. Mr. Morrow: That will take care of it? Any discussion? Mr. Taormina: Mr. Chair, if I may? The only concern I would have is with respect to Condition #4. 1 would ask for a little more direction from the Planning Commission if, as was discussed earlier, the front entry is satisfactory. Mr. Morrow: Are speaking in terms of splitting the parking spot? Mr. Taormina: No, I'm talking about whethervehicles enter from the front ofthe building as opposed to the backside because Condition #4 would suggest that that decision be left up to the Planning Department. Mr. Taylor: Did I hear the petitioner say that he was willing to enter through the back? Mr. Taormina: The proprietor wants to maintain it the way it's shown here even though he understands why there might be some preference to enter from the south side. Mr. Klemens: That's fine. It's not a big deal. I know some cifies don't like the stacking in front of the building. I own a couple locations. January 25, 2011 25550 Lincoln Park is the same way. They like it coming in from the back not from the front. It's fine. Its not a big deal. I just figured if it wasn't a big deal, great. If not, we'll ship them around the back. Not a big deal. Mr. Taylor: Marc, would you like us to clarify that? Mr. Taormina: If you feel ft's of importance. I know that was something the PRDA wanted to see. Mr. Taylor: Well, I notice it in the PRDA letter, and I asked you at the study session if we couldn't do it that way too. Mr. Taormina: Why dont you go ahead and embody that in the resolution. Mr. Taylor: Why don't we do, that all entrances shall be on the south side of the building and exits on the north side of the building? Mr. Taormina: That's fine. Mr. Morrow: Does the supporter support that? Ms. Smiley: Yes, I'm in favor of that. Mr. Morrow: You are in favor of that. We don't want you driving by. I think we satisfied all the questions and comments. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #2 PETITION 2010-12-02-20 MANCINI MOTORS Ms. Smiley, Acting Secretary, announced the next item on the agenda, Petition 2010-12-02-20 submitted by Richard Mancini requesting waiver use approval to operate a used auto dealership (Mancini Motors) with outdoor display of vehicles at 29074 Plymouth Road, located on the north side of Plymouth Road between Middlebell Road and Camden Avenue in the Southwest 1/4 of Section 25. Mr. Taormina provided background on the item and presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Morrow: Is there any correspondence? January 25, 2011 25551 Mr. Taormina: There are five items of correspondence. The first item is from the Engineering Division, dated January 14, 2011, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced petition. The legal description provided does not describe the premises. The following legal description describes the property and the premises .... The address according to our records is 29070 Plymouth Road. We trust this provides you with the requested information." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 4, 2011, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for a waiver use approval to operate a used auto dealership on property located at the above - referenced address. We have no objections to this proposal." The letter is signed by Ead W. Fesler, Senior Fire Inspector. The third letter is from the Division of Police, dated December 29, 2010, which reads as follows: We have reviewed the plans in connection with Mancini Motors, located at 29074 Plymouth. We have no objections to the plans as submitted. However, the Traffic Bureau is requesting that the petitioner not utilize any residential streets (Haller) for testing of vehicles." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated January 18, 2011, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. (1) All parking spaces are required to be a minimum of 10' by 20' and double striped. (2) There is a space between the existing vinyl fence and chain link fence located at the rear of the property. How is this area proposed to be maintained? (3) Gates on the existing dumpster enclosure are not specified on the plan. Gates must be shown on plan and depicted as complying with all regulations. 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 the Plymouth Road Development Aulhoril , dated January 21, 2011, which reads as follows: !1t the 225 Regular Meeting of the Plymouth Road Development Authority of the City of Livonia held on January 20, 2011, the following resolution was unanimously adopted. #2011-05 Resolved, that in consideration of the proposed plans as presented by Richard Mancini requesting waiver use approval to operate a used auto dealership (Mancini Motors) with outdoor display of vehicles at 29074 Plymouth Road, located on the north side of Plymouth Road between Middlebelt Road and Camden Avenue in the Southwest 114 of Section 25 (Petition 2010-12-02-20), the January 25, 2011 25552 Plymouth Road Development Authority is not in a position to make a recommendation at this time due to insufficient information regarding the landscape plan." The letter is signed by Mark Taormina, Planning Director. That is the extent of the correspondence. Mr. Morrow: Are there any questions for the Director? Seeing none, is the petitioner here this evening? We need your name and address please. Richard Mancini, 31235 Morlock, Livonia, Michigan 48152. Mr. Morrow: Do you have anything you'd like to add to the presentation? Mr. Mancini: We're just going to run a very nice and clean operation in Livonia, and we're looking forward to it. Mr. Morrow: I'm sure that the Commission will probably have a question or two. Does anyone have a question for Mr. Mancini? Mr. Wilshaw: Where are the people that come to visit your place going to park? Mr. Mancini: Where are they going to park? Mr. Wlshaw: Yes. Mr. Mancini: In the east parking lot. Mr. Wilshaw: The space there in front of the fence? Mr. Mancini: That's correct. Mr. Wilshaw: Those are labeled right now as being for car display. Mr. Mancini: No. You drive back and there's a fence there right now. The first parking spots there are going to be for customers. The ones before the fence are allotted for cars on display. Mr. Wilshaw: Okay. Mr. Mancini: So the customers will drive through and they will park towards the back. Mr. Wlshaw: Okay. So they're going to go through the fence and park in those spaces behind it there? January 25, 2011 25553 Mr. Mancini: Thats correct. Mr. Wilshaw: Okay. Where are you going to gel these cars from that you're going to sell? Are these going to be a particular brand or is this going to be random use cars? Mr. Mancini: The cars that we generally sell are around $10,000 give or take. They are all used cars. We acquire most of the cars as of yet on the computer from people like yourself. We do go to the auctions, but not as much. It's kind of hard to find a car in 45 seconds, and the auctions are all kind of fighting over them and that's really not my style. Mr. Wlshaw: Okay. You're going to have a few cars that are going to be displayed inside the building as well, right? Mr. Mancini: That's correct. I'd like to put about three or four cars inside the building. Mr. Wilshaw: How are you going to gel those inside the building? Is there access now or are you going to have to add it? Mr. Mancini: If you can see on the east end of the building, that's where we have double doors. We're just going to put glass to match the other windows in the building. So it will open up wide enough, maybe a 10 fool area, to get a car through. Mr. Wlshaw: Okay. Is there a particular reason that you're looking at this building? Obviously, you have a repair business in there now. Mr. Mancini: I realty don't have a repair business in there now. Mr. Wilshaw: You don't. Okay. Mr. Mancini: No. I do not do anything for the public as far as repairs or anything like that. I dont want lo. I really don't even want to run a service center out of there. Oval Repair, down the street, is going to do our repairs. We're pretty much satisfied with that. We really don't want to compete with any. There's a lot of service guys. You know, Feinn Tire was in here. We know him. They're very good people. Oval is a very respectable business. We're going to keep it like that. We usually use our facility for only waxing and cleaning of the vehicle. Mr. Wlshaw: Yes, just prepping them. Mr. Mancini: Yes. January 25, 2011 25554 Mr. Wilshaw: Okay. Have you looked around at any other buildings along Plymouth Road? We have several former used car places along Plymouth Road. I was just wondering if you had looked at any of those or is there a reason you're looking at this particular building. Does it work better for you or your business model? Mr. Mancini: I've been there for a little over a year now. It's worked fantastic for me. I think it's a fantastic location. I'm not aware of any of the other used dealers in Livonia, that there's buildings available. Mr. Wilshaw: Yeah. Okay. There's several along Plymouth Road, more toward Wayne Road and that area. Mr. Mancini: Yes. I worked for New Car Alternatives. I know that building. Its a pretty big horse to ran. Mr. Wlshaw: Right. You're looking for a smaller boutique -type operation basically? Mr. Mancini: I'll tell you what. There's a place in, I believe, its Westland or Garden City. Its called Lee Wholesale. It's on Middlebell Road. They've been there for probably 30-40 years. They run a real clean place. That's really what I'm looking to do. Put 20 cars and really service the people. Mostly, I sell to the kids. Everyone's kids for their first car or their second car. The way the economy is going I have a lot of people that are a little bit, you know, tight. Cant lease cars and need a real good used car. Mr. Wilshaw: Okay. Very good. Thank you. Ms. Krueger: I was wondering how you plan to draw attention to your site as a used car dealership. Mr. Mancini: No more than just displaying the cars and probably a little local advertisement. Ms. Kruger: Okay. So no, like, big balloons or anything on lop of your building? Mr. Mancini: I don't think you guys allow that. I think you give us a couple limes a year, I think Mark menfioned, that we could maybe put up flags. But no, I'm not looking to do that. I dont really think there's a need for me to do that. January 25, 2011 25555 Ms. Kruger: Okay. Thank you. Ms. Smiley: I understand you went to the Plymouth Road Development Authority meeting? Mr. Mancini: I did not. Ms. Smiley: Oh, you didn't? Well, they wrote a letter and they didn't seem to approve or disapprove. Well, mostly they said they didn't have enough information. Mr. Taormina: That was pretty much it. Unfortunately, Mr. Mancini was not able to attend that meeting. They did have some questions regarding how the landscaping might be improved. I think they were keying in mostly with that lawn area in the southeast corner of the property. This is the area where they were wondering if some additional landscaping could be provided. I think they also wanted to have a discussion about what to do here, whether or not that would remain as is or whether or not there would be some changes in the area in front of the building. They didn't gel into that. They weren't able to resolve that, so they did not feel comfortable passing a resolution without some additional information. Ms. Smiley: The reason I ask is because we rely heavily on them because they made such an investment in Plymouth Road and its development. Have you had any thoughts about landscaping or adding to it? Mr. Mancini: Yes. Absolutely, I have. I like to maintain my yard perfectly. I don't know if anybody has been by this site since this has been proposed, but there used to be three feel weeds in the parking lot. Three days, every year with my daughter, she's 11 years old, cleaning that place up. I don't have a lot of money. I'm doing this on a small budget, but it doesn't take a lot of money to buy a bar of soap. I do want to put in the landscaping that they want. I have no problem doing that. I want to comply. I want to be there. So whatever it takes, I'm going to do. I've done that from day one. I've been there a year and half and I've beautified the building, and so has the owner that owns the building. Since I've been there, it's a lot cleaner, and I'll be totally honest with you. There's been some cars parked back. I have had to do some things that I had to do to get me to this point. There are no cars back there now. I spent the last three days laking everything and getting it out of there. Like I said, I've done a lot of things to gel to this point. Its not going to be run like that. I did work for At Tanski at New Car Alternatives. I January 25, 2011 25556 think everybody here knows the building. He kept a perfect place and that's what I do loo. I don't have the vacuums and everything that Al had, but I gel out there with my blowers and brooms, and eventually I will have those things. I don't want to really gel any bigger. I don't want to move. I want to slay there for the rest of my life. So I do want the landscaping. There's some hedges out front now that are going to be perfectly manicured. There's some landscaping and there's some trees growing through the fence line that I'm going to take down in the Spring. If I would have had more manpower and maybe a little more money, these things would have already been done just because I don't like them there myself. But yeah, its a pretty bare area out there in front, the comer that he's talking about. I understand that Plymouth Road, they're not going to cut the lawn or anything. I really don't want them to. They don't trim and edge the way that I was brought up to trim and edge. I like to do all that stuff myself. Around the two front trees out front, I'm planning on planting flowers there. I was going to do that Iasi year, but yeah, I don't have any problem with working with somebody in putting in the landscaping that they want. I'm sure down the road there's going to be a little bit more than they ask for because that's just the way I am. Ms. Smiley: Thank you. I appreciate that. Thank you, Mr. Chair Mr. Morrow: Mark, the other area I think you were talking about was that large square area where the doors are. Were you addressing that? Mr. Taormina: The PRDA had some questions. I think they wanted to explore whether there was an opportunity for additional landscaping in this area. It depends on how he proposes to utilize that area. If he's going to be using all three bay doors that face this area, then there's probably not much opportunity to add landscaping. But if he can gel by with using only, for example, one, then maybe there's something we can do. I really don't know. I'd have to take a closer look at that area. I think the PRDA is going to focus just along Plymouth Road. They're not concerned about the use per se. That's really outside of their jurisdiction. They're more concerned about what can be done in the areas along Plymouth Road to complement what's already been done, for example, on the adjacent property and with their other streetscape improvements, the existing trees. Mr. Mancini has indicated a willingness to add some landscaping. So I suspect what the PRDA would like to see is more detail on the landscape plan when he does go back to them. January 25, 2011 25557 Mr. Morrow: Okay. I wanted to make sure the PRDA is satisfied. Mr. Taylor: What are you doing there now, Mr. Mancini? Mr. Mancini: I buy and sell cars on the internet. Mr. Taylor: Why is he here now? I don't understand. He's doing it now, Mark. Mr. Taormina: He can use that area as a business office right now. He cannot use it as a display area. Mr. Taylor: Its a waiver use, right? Mr. Taormina: Yes. He cannot use it as a showroom or a used car lot. He may be able to have his business office out of there and sell vehicles by driving them to other locations or wherever, but he can't use the lotto display cars. Mr. Taylor: Do you have a lot someplace else, Mr. Mancini? Mr. Mancini: No, sir. Mr. Taylor: So how are you conducting business then? Mr. Mancini: I lake the cars home and I sell them at my house. Mr. Taylor: So you're illegally selling the cars from your home loo. I've got to tell you beauty is in the eyes of the beholder. I went by there and Mr. Chairman went by with me about a week ago, and I've got to tell you. That's no beautiful site, and I know you've got a problem because the building on the corner that's being used by a janitorial service doesn't help the looks of your building. Right across the street, we had an attorney come in and redo the whole front of the building with brick. It looks very nice. I just don't visualize in my mind on Plymouth Road a used car lot in that particular location. I know you want to have a small business. I laud you for that, for trying to do it, but I just don't think this is the site to do it in. New Car Alternatives may be too big for you or something. I don't know. Olson Oldsmobile, we've got a vacant site down there. We've got too many vacant sites along Plymouth Road to where we want to, what I'm going to call, jam in cars to have a showroom, which actually you don't really have a showroom out on Plymouth Road. You'd have to go back in the back to see them. I just dont see it happening there. January 25, 2011 25558 Mr. Mancini: When you stand in that building, you can see half a mile down Plymouth Road from that showroom. Mr. Taylor: It must be something I didn't see because I don't see how you can display cars outside unless you're going to stack them up alongside like that. Its just not a place for a showroom right now that I feel. I'm just one opinion of it. The Plymouth Road Development Authority was looking to fix up Plymouth Road, all along Plymouth Road, and we did it. I'm very proud of Plymouth Road, the way it looks, but I don't think putting in a used car lot in that particular area is the right place to go. Rogin down there is selling cars now, used cars. We've got a closed dealership in Chrysler, the Chrysler dealership. I just don't think we ought to add to the problem by giving a waiver use, because if you dont make it, the waiver use runs with the land, and then we've got another junk car place, maybe, possibly, doing it. I don't say you're doing it, but I just don't see it happening there. Thank you. Mr. Morrow: Thank you, Mr. Taylor. Does anyone else have questions of the petitioner? Mr. Wilshaw: Just a quick question. You're talking about the landscaping. There's sort of odd space in the back of your property between the vinyl fence, and then I believe there's a chain link fence where there's landscape that's being maintained. How are you going to gel back there to maintain that area, that sort of six fool buffer that you have back there, behind the vinyl fence? Mr. Mancini: Behind the vinyl fence? Mr. Wilshaw: Yes. You still have property back there. How are you going to gel back to maintain that properly? Mr. Mancini: That's a good question. Angelo Mauti, 17017 Doris, Livonia, Michigan 48154. I'm the owner of the building. When we put that vinyl fence up for Avis Rental Car, we didn't extend it all the way to the end for that reason so we can access that property from one side. From the road it appears that it's continuous with Kentucky Fried Chicken. We lined it up. Mr. Wilshaw: Okay. So you can gel a mower or a weed whip or something back there to maintain it? Mr. Taylor: Twenty-five years? I've got to tell you, the maintenance of the property, when we went by there, and of course it's wintertime, I understand that, but it sure didn't look good. There was a car parked in the back with a tarp on lop of it. There was a trailer sitting back there. Well, yeah, I know its gone now, but is it going to come back? Quesfions that I have. When I go by a site and look at it, that's what's in my mind is what's going to happen at that site. Mr. Mancini: Well, I know you haven't been driving by that site every day and stopping. I know you're doing it probably because we're petitioning the City, but that site, I did explain, it had three fool weeds in the parking lot. It had all kinds of things before I started working there, and it's not like that anymore. And if you went there every day like I do, you could see the big change on January 25, 2011 25559 Mr. Mauti: To be honest with you, we never had to because nothing grows but those trees that we preserved. There's nothing back there. We did purposely. I lost like 10 feet from the chain link fence. Mr. Wilshaw: Okay. Mr. Mauti: But as far as Mr. Taylor's position, I understand, Mr. Taylor, but I've spent who knows ... if you say you drive by and say it doesn't look right, that site was a dump. We spent a lot of money painting, upgrading the electrical, the interior of the buildings. They're empty. As you know, up and down Plymouth Road, a lot of vacancies. We're just trying to hold on and pay taxes. We found a great tenant. He's very clean, and after being here a year and half, I never had a problem with the guy. He could tell you what we're working out with him, not even enough to pay the rent, the taxes. Mr. Taylor: Sir, I'm sure you own the property and you want to rent it out and keep it rented out. I don't have a problem with that, but who put the wood siding on like that? Mr. Mauti: It was built like that. Mr. Taylor: It was built that way? Mr. Mauli: Oh, yeah. I had it all painted. It cost me all kinds of money last year, empty. Mr. Taylor: How long have you owned the properly? Mr. Mauli: Twenty-five years. Mr. Taylor: Twenty-five years? I've got to tell you, the maintenance of the property, when we went by there, and of course it's wintertime, I understand that, but it sure didn't look good. There was a car parked in the back with a tarp on lop of it. There was a trailer sitting back there. Well, yeah, I know its gone now, but is it going to come back? Quesfions that I have. When I go by a site and look at it, that's what's in my mind is what's going to happen at that site. Mr. Mancini: Well, I know you haven't been driving by that site every day and stopping. I know you're doing it probably because we're petitioning the City, but that site, I did explain, it had three fool weeds in the parking lot. It had all kinds of things before I started working there, and it's not like that anymore. And if you went there every day like I do, you could see the big change on January 25, 2011 25560 that property. I'm sure there is an Olson Oldsmobile and Chrysler and there's buildings like that, but those buildings are loo costly to run a dealership there. I don't know about Chrysler. I think those went out of business because Chrysler told them they had to go out of business, but At Tanksi couldn't run that place anymore because it cost loo much, and he was a hell of a used car guy. My uncle was Angelo DiPonio. I worked for him for quite a bit, and I haven't worked for anyone who doesn't maintain their place perfectly. That's just how I was raised and that's the way it's going to be over there. I'm into everything being perfect. Mr. Taylor: Thankyou. Mr. Mancini: I invite anybody to come inside my garage and see how I keep my garage facility. Absolutely perfect. Mr. Morrow: Any olherquestons ofthe petitioner? Seeing none, I'm going to go to the audience. I see no one in the audience at this juncture, so I will close the public hearing and call for a motion. A second time, do we have a motion? On a motion by Taylor, seconded by Wilshaw, it was RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January 25, 2011, on Petition 2010-12-02-20 submitted by Richard Mancini requesting waiver use approval to operate a used auto dealership (Mancini Motors) with outdoor display of vehicles at 29074 Plymouth Road, located on the north side of Plymouth Road between Middlebelt Road and Camden Avenue in the Southwest 1/4 of Section 25, which property is zoned 62, the Planning Commission does hereby recommend to the City Council that Petition 2010-12-02-20 be denied for the following reasons: 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; January 25, 2011 25561 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: Do we have any discussion? Mr. Wilshaw: I'll just say that the reason that I'm offering my support is, as I look at the denying resolution that Mr. Taylor read, the issue of the capacity to accommodate the use is one that strikes with me as being it's a tight site. I'm not sure that it can properly accommodate the uses being proposed. Thank you. Mr. Morrow: Are there any other comments? Seeing none, please call the roll. A roll call vole on the foregoing resolution resulted in the following: AYES: Taylor, Wilshaw, Morrow NAYES: McDermott, Krueger, Smiley ABSTAIN: None ABSENT: Scheel Mr. Morrow The motion fails for lack of support. Do we have a motion? Ms. Smiley: What do we do when the vole is even? Mr. Morrow: We'll have to call for a tabling motion until our seventh member can join us. Is that appropriate, Mark? January 25, 2011 25562 Mr. Taormina: Whatever is the wish of the Commission. There's nothing that prevents you from considering another motion. Ms. Smiley: Okay. Mr. Wilshaw: In lieu of hearing anybody offering an approving resolution, I will offer a tabling resolution to our next meeting so that we can have an opportunity to have all members present. On a motion by Wilshaw, seconded by Taylor, and unanimously adopted, it was #01-02-2011 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on January 25, 2011, on Petition 2010-12-02-20 submitted by Richard Mancini requesting waiver use approval to operate a used auto dealership (Mancini Motors) with outdoor display of vehicles at 29074 Plymouth Road, located on the north side of Plymouth Road between Middlebell Road and Camden Avenue in the Southwest 1/4 of Section 25, which properly is zoned G2, the Planning Commission does hereby table this item until all members of the Commission are present. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. We had to table that because we had a three -three vote. We could get no additional motions to look at it a different way, so it's been tabled until our seventh member returns. She just recently lost her mother and that's why she's not here this evening. So the staff will be in touch with you to give you a dale certain when we're sure we can bring you back and have the full complement. Mr. Taormina: Mr. Chair, why don't I go ahead and announce that dale now because there will not be further notice sent out to the residents or anybody who is following this and might be interested. We would re -hear this item on the 8th of February. It will be back for a study session next week, February 1, and then the voting meeting would take place on Tuesday, February 8, in these chambers. Mr. Morrow: Time would be 7:00 p.m. as usual. So you have those dates. Okay, thank you. Mr. Taylor: What we have before us, Mark, is a Semaan rezoning on February 15. What is that? I mean do we have meetings before that? January 25, 2011 25563 Mr. Taormina: Yes, we do. We have a meeting next week. I have not talked to Scott to find out what else is on the agenda, but he would have to wail untl March to have this item heard otherwise. Mr. Taylor: So we have a study meeting next week? Mr. Taormina: Why don't I verify this to make sure that Ms. Scheel is going to be at the meeting, because it really doesn't make sense if she's not here. Unless there is an announcement to the contrary, we would have the meeting on February 8. Mr. Morrow: And you will advise the petitioner? Mr. Taormina: Yes. I'm sorry. I didn't realize that she could be out for an extended period. We're nolsure. Mr. Morrow: Right. We're not sure. Mr. Taylor: If I may, Mr. Chairman? To the petitioner, it would be a good idea for you to gel a landscape plan of what you'd like to do so that we could see that. The PRDA had questions about that. I had questions about it. You claim there's more landscaping than I've ever seen there. I would suggest that you put together a landscape plan that we can visualize and see what you're going to do to the building. Mr. Mancini: Is there someone on the PRDA that I can gel in touch with so I know what they'd like to see? Mr. Taormina: Yes, you should call me. Mr. Mancini: Okay. Thank you. ITEM #3 APPROVAL OF MINUTES 3991" Special Meeting Ms. Smiley, Acting Secretary, announced the next item on the agenda, Approval of the Minutes of the 3991 Special Meeting held on October 5, 2010. On a motion by Wilshaw, seconded by McDermott, and adopted, it was #01-03-2011 RESOLVED, that the Minutes of 3991 Special Meeting held by the Planning Commission on October 5, 2010, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: January 25, 2011 25564 AYES: Wilshaw, McDermott, Morrow NAYS: None ABSENT: Scheel ABSTAIN: Krueger, Taylor Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. ITEM #4 APPROVAL OF MINUTES 1,003r° Public Hearings and Regular Meeting Ms. Smiley, Acting Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,003'" Public Hearings and Regular Meeting held on December 14, 2010. On a motion by McDermott, seconded by Smiley, and unanimously adopted, 0 was #01-04-2011 RESOLVED, that the Minutes of 1,003rtl Public Hearings and Regular Meeting held by the Planning Commission on December 14, 2010, are hereby approved. A roll call vote on the foregoing resolution resulted in the following AYES: McDermott, Smiley, Krueger, Wilshaw, Taylor, Morrow NAYS: None ABSENT: Scheel ABSTAIN: None Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,004'" Public Hearings and Regular Meeting held on January 25, 2011, was adjourned at 8:24 p.m. CITY PLANNING COMMISSION Carol A. Smiley, Acting Secretary ATTEST: R. Lee Morrow, Chairman