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