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HomeMy WebLinkAboutPLANNING MINUTES 2008-07-08MINUTES OF THE 9W REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesda�, July 8, 2008, the City Planning Commission of the City of Livonia held its 965 Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, Chairman, called the meeting to order a17:00 p.m. Members present: Deborah McDermott R. Lee Morrow Lynda Scheel Ashley Vartoogian Carol A. Smiley Ian Wilshaw John Walsh Members absent: None Messrs. Mark Taormina, Planning Director, and Scott Miller, Planner III, were also present. Chairman Walsh 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 len days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. And on behalf of my colleagues, I'd like to welcome Lynda Scheel. This is her first meeting as our newest Planning Commissioner. ITEM #1 PETITION 2007-08-0844 LIVONIA PLAZA Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2007-08- 08-14 submitted by Rocky Zebari, on behalf of Livonia Plaza, requesting approval of a landscape plan as required by Council Resolution #500-07 in connection with a proposal to renovate the exterior of the commercial building located at 19618 Middlebell Road, on property located on the east side of July B, 2008 24802 Middlebell Road between St. Martin Avenue and Bretton Road in the Southwest''/. of Section 1. Mr. Miller: On October 10, 2007, the petitioner received site plan approval to renovate the exterior of the Livonia Plaza, which is a commercial strip center located on the east side of Middlebell Road between St. Martin Avenue and Bretton Road. As part of the approval, it was conditioned that a fully detailed landscape plan shall be submitted for approval by the Planning Commission and City Council within 60 days following approval of this petition by the City Council. The submitted plan shows that the petitioner is proposing to enhance some of the existing landscape areas with additional plant materials and plant a few bushes near the front of the building. Three additional trees (Flowering Dogwoods) would be planted between the existing apple trees that run along the right-of-way of St. Martins Avenue. Along the street frontage of Middlebelt Road, the plan illustrates four Flowering Dogwoods would be planted between the existing low -profile shrubs. Along the patio area in front of the center would be low evergreen shrubs and then he shows four planting boxes right in the front of the center into the parking lot. Thal is the extent of the landscape plan. Mr. Walsh: Is there any correspondence? Mr. Taormina: There is one item of correspondence from the Inspection Department, dated June 16, 2008, which reads as follows: "Pursuant to your request of June 2, 2008, the above - referenced petition has been reviewed. The following is noted. (1) All existing and proposed landscaped areas must have a functioning irrigation system installed. (2) All parking spaces are required to be 10 feet wide and 20 feet in length and double striped. The four proposed bushes located in the front of the building appear to be located in four separate parking spaces, which would decrease the required length of 20 feet. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Are there any questions for our staff before we go to the pelifioner? Mr. Morrow: This is a little bit off the subject, but on my landscape plan here it says, in the front and rear, existing asphalt parking and drive to remain as is. Is that correct? Mr. Taormina: Are you referring to the driveway that is off Sl. Martins? July 8, 2008 24803 Mr. Morrow: The parking lot in the front and the back. Mr. Taormina: Yes. I think he was going to do some repairs to that, but the drive approaches are going to remain in their current location with no changes. Mr. Morrow: Because the way it reads, I know we're looking at a landscape plan, but I was out there today and it looked pretty much in disrepair. Mr. Taormina: I'm not sure what additional improvements are anticipated or required for the parking lot. He's not completed yet with all the work so maybe the petitioner can indicate that. I know the striping still needs to be done, but there may also be another wearing course that has to go down on the surface of the parking lot. Mr. Morrow: I'd appreciate it. Like I say, we're looking at a landscape plan here and I just wanted to gel current on that. So I'll do a little homework on that. Thank you. Mr. Walsh: Mr. Zebari, welcome. If we could just have your name and address for the record. Rocky Zebari, 37731 Slableview, Farmington Hills, Michigan 48335. Mr. Walsh: Thank you. Is there anything you'd like to add to the staffs presentation thus far? Mr. Zebari: I really dont have anything to add. Concern about the parking lot would be some repairs done after we finish and then stripping. And about the bushes in front of those piers, there is enough. I mean the parking lot is long enough. There is over 70 feel. But if there is any concern, I will remove this. Mr. Walsh: Are there any questions for Mr. Zebari? Mr. Wilshaw: Mr. Zeban, the planters that you show that are essentially in parking spaces right now, can you describe what those are going to look like for me? Mr. Zeban: Already there is some evergreen bushes in them, and I was planning to put parking bumpers in front of them so the cars will not slick too far on the sidewalk. That was the reason really behind it. If they are going to interfere with my parking spaces, I will eliminate them. Mr. Zeban: I'm sorry. Mr. Morrow: As you know, right across the street, Livonia Mall appears to be redoing their center. Mr. Zeban: Yes,lknow. Mr. Morrow: This is really our first opportunity to begin to upgrade that area, and I, as one commissioner, am concerned about the landscape plan that goes with this particular building. And I might, Mr. Chairman, if I may ask the Planning Director, if he feels that this July B, 2008 24804 Mr. Wilshaw: Okay. But as they are right now, they do not interfere with the parking spaces? Mr. Zeban: I don't think so because I measured it. There is about 70 bet total. So 20 from each side would be about 30 feet for the cars to back up. Mr. Wilshaw: Okay. The other question I have for you, Mr. Zebari, is the Dogwood species of tree. Do you feel that placing those Dogwood trees in the front of your property is going to obscure the view of your center in anyway? Mr. Zeban No. I already changed my mind. I have different trees if you want to look at them from the list you gave me. They are very low trees. Mr. Wilshaw: Okay. They're going to be an ornamental small tree? Mr. Zeban: Yes. Mr. Wilshaw: Okay. Thank you, sir. Mr. Zebari: Thank you. Mr. Walsh: Are there any other questions for the petitioner? Mr. Morrow: I was out there today, as I said, looking at it. You have a very pretty building out there. Once the packing lots are repaired and put back in shape, they should look fine. The one concern I do have is the landscaping. I don't think it matches what the building will eventually look like. Mr. Zeban: The landscaping is not finished yet. Mr. Morrow: Well, let me continue. Mr. Zeban: I'm sorry. Mr. Morrow: As you know, right across the street, Livonia Mall appears to be redoing their center. Mr. Zeban: Yes,lknow. Mr. Morrow: This is really our first opportunity to begin to upgrade that area, and I, as one commissioner, am concerned about the landscape plan that goes with this particular building. And I might, Mr. Chairman, if I may ask the Planning Director, if he feels that this July 8, 2008 24805 is about as good as we can do or do you think we could come up with something better as a professional landscape architect? Mr. Taormina: Well, I'm not a professional landscape architect. Let's start out there. Mr. Morrow: Well, you are in my book. Mr. Taormina: What Mr. Zebari is presenting this evening, as far as changes, is an improvement, at least as it relates to the trees he has proposed along Middlebelt Road. He was showing the Dogwoods, but under these conditions, I don't think that's the appropriate tree. Actually, the Red Oak, while thatwould be a nice tree, there are others from our list that are full size deciduous trees that we could recommend. We need additional detail on the landscape plan as it relates to not only the species, but also the irrigation system and some of the other items around the foundation of the building. If we're going to plant areas adjacent to the building, I'm not sure that what he's showing right now is going to work. I just can't see those shrubs in the wells surviving. I think they need to be made larger without affecting the parking. There's probably some additional work that can be done there to make whatever he does plant survive. In our opinion, right now, its going to be difficult for those evergreens to last very long in the areas where he has them shown. They're just going to be damaged either by vehicles or by the salt. Mr. Morrow: Thank you for your input. I certainly want, at this opportunity, to put our best fool forward when we send it along to the City Council. Thank you. Mr. Walsh: Are there any additional questions? Seeing none, thank you, Mr. Zebari, for being here tonight. Mr. Zebart: Thank you. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, a motion would be in order. Mr. Morrow: I'm going to offer a tabling resolution to a dale to be determined when Mr. Zebari can meet with our Planning Staff and get some more input as to landscaping to be used on his site. July 8, 2008 24806 On a mot on by Morrow, seconded by W lshaw, and unanimously adopted, it was #0730-2008 RESOLVED, that the City Planning Commission does hereby recommend that Pefifion 2007-08-08-14 submitted by Rocky Zebari, on behalf of Livonia Plaza, requesfing approval of a landscape plan as required by Council Resolufion #500-07, in connection with a proposal to renovate the exterior of the commercial building located at 19618 Middlebell Road, on property located on the east side of Middlebell Road between Sl. Marlin Avenue and Bretton Road in the Southwest'''/ of Section 1, be tabled. Mr. Walsh: The motion passes. Mr. Zebari, we will have our staff contact you to schedule that opportunity. Mr. Zebart: Thank you. ITEM#2 PETITION 2008-06-08-07 16' DISTRICT COURT Ms. Smiley, Secretary, announced the next item on the agenda, Petifion 2008- 06-08-07 submitted by French Associates Architects requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a new courthouse (W District Court) on property located at 32765 Five Mile Road, located on the south side of Five Mile Road between Library Drive and Brookfield Avenue in the Northwest %of Section 22. Mr. Miller: The proposed new W District Courthouse would front on Five Mile Road and be located between the Civic Center Library and Brookfield Avenue. This northeast corner of the Civic Center campus presenfly consists of a small wooded area and the east parking lot of the library. To accommodate the proposed new courthouse, a portion of the library's east parking lot would be removed, as well as much of the trees and vegetation that exists between the north end of the east parking lot and Five Mile Road. The entire Civic Center area, including the area of proposed courthouse, is zoned PL, Public Lands. The proposed courthouse would be two stories in height and have an overall gross floor area of 39,380 square feet. At 21,393 square feet, the first floor would contain slighfly more than half of the overall building area and consist oflhe following main components: the main entrance lobby, the probation department, the court administrative offices, the magistrate's offices, wailing area and hearing room, an archive storeroom, an employee break room, July 8, 2008 24807 a sally port and a mechanical room. The second floor would be 18,380 square feet in size and contain two courtrooms and associated judicial chambers, jury assembly and deliberation rooms, holding cells, a law library and a public waiting area. The new courthouse would be set back approximately 165 feet from the right-of-way of Five Mile Road, 68 feel from Brookfield Avenue, and approximately 28 feet from Library Drive. The building would front on Five Mile Road, but its main entrance would be oriented south towards the main parking lot that would serve the courthouse. To provide the necessary parking, the existing east parking lot will be reconfigured and expanded. An additional smaller lot for employees only would be provided on the east side of the building adjacent to Brookfield Avenue. Secured access to this lot, as well as the sally port, would be provided by means of a separate driveway off Brookfield Avenue and would be enclosed by a 6 foot high decorative aluminum fence and a security gate. To help screen the small employee only parking lot from the condominiums to the east, While Spruce trees would be planted along the parking lot's eastern border. The proposed building would have a classical appearance with multiple projections and offsets, flat rooflines, decorative cornices, and multiple building materials and colors. The main building materials would be brick and cast stone. Tall decorative panel widows would run along the north and south elevations. A pre -finished standing seam metal mansard roof feature would adom the top of the building. That is the extent of the proposal. Mr. Walsh: Is there any correspondence? Mr. Taormina: There are several items of correspondence. The first item is from the Engineering Division, dated June 18, 2008, which reads as fol lows: "At your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposed petition. There are no additional right-of-way requirements for this site. The new building has been assigned the address of 32765 Five Mile Road. The following preliminary comments deal with storm sewer facilities. (1) The existing catch basins at the north end of Library Drive must be incorporated into the new improvements. (2) Detention should be provided based on the increased area of impervious surface in conjunction with the proposed development. (3) The legal description describes the entire parcel bounded by Farmington and Five Mile Roads, Civic Center and Library Drives, Brookfield Avenue and the subdivision to the south. There are also calls missing to arrive at the point of beginning and there are mathematical inaccuracies that have been noted by the surveyor. These items should be corrected and the boundary July 8, 2008 24808 refined, if necessary, to include only the Court development." The letteris signed by Robert J. Schron, P.E. The second letter is from the Livonia Fire & Rescue Division, dated June 18, 2008, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a courthouse on the property referenced above. We have no objections to this proposal with the following stipulations: (1) Subject building is to be provided with an automatic sprinkler system. An on-site hydrant shall be located between 50 feet and 100 feet from the Fire Department connection. (2) Adequate hydrants shall be provided and located with spacing consistent with the use group. (3) This division requests that the north side drive closest to the building be posted (on both sides) 'Fire Lane — No Parking'. (4) Any curves or comer of streets shall accommodate emergency vehicles with a turning radius of fifty-three feet wall to wall and an inside turning radius of twenty-nine feet six inches. (5) Fire lanes shall be marked with freestanding signs that have the words FIRE LANE — NO PARKING painted in contrasting colors (on both sides) at a size and spacing approved by the authority having jurisdiction. (6) This division has concems regarding access to 'secure parking' to address vehicle fires or rescues in this area should the need arise." The letter is signed by Donald F. Donnelley, Fire Marshal. The third letter is from the Division of Police, dated June 20, 2008, which reads as follows: We have reviewed the plans in connection with the 16`" District Court located at 5 Mile and Brookfield Ave. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated June 17, 2008, which reads as follows: "Pursuant to your request of June 12, 2008, the above -referenced petition has been reviewed. This Department has no objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. The next lette r is from Elizabeth Duggan, dated July 3, 2008, to members of the Planning Commission, which reads as follows: "On your agenda for Tuesday, July 8, 2008, item Number 2, you will be discussing the plans to construct a new courthouse for the le District Court. While 1 agree that the new courthouse is needed, 1 feel that the current proposal to place the building between the Civic Center Library and Brookfield is not the appropriate site for the building. Other sites on city -owned property have been discussed, and those areas are not contiguous to residential property. 1 have been a member of the Brookfield Condominium Board for several years, and 1 feel that asking the citizens of the Brookfield community to accept the court building right outside our windows is expecting too much. There are many elderly people who reside in these condominiums and even though we July 8, 2008 24809 have been subject to crime in our area, as have other neighborhoods in the City, we feel that being within sight of the Police Department gives us some sense of security. Many of you know me and 1 am not an alarmist 1 want the City of Livonia to be the best that it can be! 1 have tried to think of courthouses in other communities that are next to residential property. Not one comes to mind. 1 would like to see a beautiful courthouse on another site in the municipal complex. 1 will still be out of town on Tuesday night and wanted to let you know how 1 feel about the building. Thank you for any consideration." The letter is signed by Elizabeth Duggan. That is the extent of the correspondence. Mr. Walsh: Thank you. Are there any questions for the Planning Department? Seeing none, we will go to the petitioner. Good evening, Judge. Kathleen McCann, W District Court, 15140 Farmington Road, Livonia, Michigan 48154. Suzanne Carlson, French Associates Architects, 1600 Parkdale, Rochester, Michigan 48307. We are the architects for the project. Mr. Walsh: Would you like to add anything to the presentation? Ms. Carlson: Not at this point. Mr. Walsh: Are there any questions from the Commissioners? Ms. Smiley: Its more of a review really. The only way the officers of the court or police officers could gel in would be through that secured drive on Brookfield? Ms. Carlson: Yes. Ms. Smiley: And there will be some sort of a code? Ms. Carlson: There will be a secured sliding gale with a key fob that would allow access to that lot and only those people carrying the key fob would have access. Ms. Smiley: Good. Thankyou. Ms. Vartoogian: It seems that there is some concern about the location of the courthouse. Can you explain why this location was chosen? Ms. Carlson: After reviewing several locations on the city campus, the thought is to create a Five Mile frontage for the City of Livonia. July 8, 2008 24810 The placement of the building with the setback establishes a green space in front of the building similar to the library adjacent to it and to the City Hall building adjacent to it. It establishes a frontage to the Livonia City complexes, and it also matches down the road just a bit the Rec Center. So we feel that it's starting to really define the city complex. Judge McCann: Can I add to that? There's an identity issue. People who are users of the courthouse, for them to be able to find it, they need to have access right on a mile road instead of Civic Center Drive where it's more difficult. We spend loo much time directing people where to go. It was not bad when it was on Farmington Road. It's easy on Five Mile. Its a locafion where people can find it. I think it is something that makes a community feel safer when they see a courthouse in a community. If they see it, it's central to the community. Its a symbol of justice. It's a symbol of safety, and I think that, all in all, people will ultimately feel that when they see it accomplished. Ms. Varloogian: Okay. Thank you. Mr. Morrow: I would assume that most of your traffic going into the parking lot will occur in the morning and then again in the evening. Judge McCann: Most of it will be in the morning. We do have probation in the evening, usually beginning at 6:00 p.m. to 9:00 p.m., and that would not necessarily be in that area next to Brookfield, but there will be people going in the back area and probation officers will see them. It's limited. We do see night probation usually at least four nights a week. Mr. Morrow: Butit is primarilystaff thatuses that parking lot. Judge McCann: Just staff and those probationers. And those are non-violent offenders. We don't take violent offenders at night. Mr. Morrow: Right. And how often would the police bring in people to appear in court? Judge McCann: Well, they may bring them in, well, usually at least four days a week. Maybe not Friday. Mr. Morrow: Maybe like once a day, twice a day? Judge McCann: On Tuesdays and Thursdays it may be several limes, but on Mondays and Wednesdays, its usuallyjusl once. Mr. Morrow: Soildoesn't appearwe create a lot oflraffc from lhatstreet. July B, 2008 24811 Judge McCann No, I don't think so. Mr. Morrow: Thank you. Mr. Wilshaw: Hello, Judge McCann. Judge McCann: Hi. Mr. Wilshaw: I do have a question for you just to get your thought process. I talked about this at the study meeting a little bit. As I think about going to the courthouse, a vast majority of people who are going there are going to pay a parking ticket or drop off paperwork for a small claims case or something along those lines. You know, just a quick in and out type trip. Judge McCann: Right. Mr. Wilshaw: And because of all the security requirements that exist today in these types of facilities, they have to go through metal detectors and kray machines and so on. Is there any thought that you guys gave in your design process to having some sort of a service window or something where someone could just walk up and quickly do a transaction without having to go through all the security? Judge McCann: We've thought about it a lot, and the only thing that we can do . . . we thought about having a drive -up kiosk so that people could pay tickets through it. And that may be a possibility someday, but the cost was prohibitive at this time. We hope that we will at least have a night deposit box there, which we currently use so that people can pay their tickets at night. Right now, its just a question of how much can we do with the money that we have, and when we gel that opportunity some day in the future, believe me, we will try to implement it. Mr. Wilshaw: Okay. Forgive me, I haven't got a ticket in a long time, but can people pay tickets by either mail or the internet or some other method anyway? Judge McCann: Yes, and we will be implementing on-line ... so you can pay your tickets on line. That will come within the very near future. Mr. Wilshaw: Okay. Good. Because that will probably be the majority of the way people pay tickets anyways, I would think. Okay. Good. Thank you. I do have a couple questions about the design of the building. As I looked it over, one that struck me as a bit of a concern is the traffic flow of cars going into the court property. July 8, 2008 24812 Obviously you're going to gel a lot of people coming in off of Five Mile. They're going to come down Library Drive and turn into your court parking lot, but you do have a lot of people who come to the court from other communities who may come up Farmington Road and are used to turning onto Civic Center Drive to gel to the court. If they do that, they have a pretty difficult path to gel to the court in this current location. They're going to have to go down Civic Center Drive to the bend right here by City Hall, through the City Hall parking lot, through the library parking lot, and into the court parking lot. Has there been any thought to designing that roadway to continue on so that its clear that they can lake roadway around the parking lot, around the perimeter of the existing parking lot and go to the court if that's where they're coming from? Judge McCann: I need to refer to Suzanne on that issue Ms. Carlson: I agree it is a circuitous route that they have to take to find their way. I myself come up Farmington and weave in and out even just to gel to here. I think maybe it could be eased with some appropriate signage that might help quite a bit. Aside from redoing the entire campus road and making it a really clear path, I think signage is our best bel al this point. Mr. Wilshaw: Okay, because in the existing City Hall and library parking lots there are islands on the south end of that parking lot creating a sort of roadway, if you will, along that southern border of the parking lot. If there is a way that could be made clear that's the way to gel to the court, I think that would be very helpful, and certainly as you guys go through this process, if you consider that, I think that would be good for your patrons who are going to go there so they can find the courthouse. Ms. Carlson: I think you're right. Thank you for that. Mr. Wilshaw: The other concerns I have, just looking at the design, of course, we do know residents are concerned about what they're going to see. The residents who live right to the east of this property, what are they going to see from their homes? If you describe to me the landscaping and the berming that's been put in place to address that. Ms. Carlson: The landscape plan shows some very dense Whte Spruce you can see along the eastern edge of that secured lot. That spacing is, we have our landscape architect here, I think its 16 feet on center. She can talk to the landscape better than I can. July B, 2008 24813 Wendy Belcher, Michael J. Dul & Associates, Inc., 212 Daines Street, Birmingham, Michigan 48009. We're the landscape architects working with French. Mr. Walsh: Mr. Wilshaw? Mr. Wilshaw: Yes. Can you describe for me the landscaping that's on the east end of the properly and the kind of screen that it will or will not provide to the residents there? Ms. Belcher: Yes. Actually, the task we were given along the east side is that there probably would be a concern that we're taking down the canopy trees that are existing currently. When you're driving down Brookfield, the first thing I notice is that there isn't really a wall screen provided there currently. However, I know there is only just a parking lot there now and a building will be proposed in its place. So our job was to sort of provide these residents with a screen, full year, all year around. So we chose While Spruce. They are extremely hardy evergreens used on commercial applications all of the time. They gel to be rather large evergreens. I've already said they're really hardy. We've spaced them staggered so that, over time, we will end up creating almost a double row of them. So if you can imagine ultimately you're going to have an evergreen wall. Essentially that's what they're going to see. We've spaced them 12 feel on center staggered. Al the time of planfing, we're proposing 7 to 8 footers, which a lot of time commercial developments will go 5 to 6 feet. So I think we're talking a little bit of a step up without getting too expensive because of the amount that we're proposing, and within a few years they will definitely start to grow together and they won't see the gaps in between. Mr. Wilshaw: Okay. And these spruces are going to be on a berth as well, or is there berming proposed? Ms. Belcher: I believe the intent with the engineers thus far is that the parking lot will be fairly flat, of course, providing drainage, and then once we hit where the evergreen trees, because you'll want the fence to be level, will start to slop down to meet the properly line. So these trees will be planted. It will be berm but it will sort of be a one-sided berm if you can imagine that. Mr. Wilshaw: Okay. Thank you, Ms. Belcher, I appreciate that. That's the landscaping question I had so I think I'm good for now. The last question I had was the secure parking lot. How many people do you think are going to be parking in that lot on a typical day? July 8,, 2008 24814 Judge McCann: We normally have about 35 employees and that would include the judges, that's everyone. But then we also have usually at least maybe three or four officers that we look to coming everyday. Ms. Carlson: We have 42 parking spaces. Judge McCann: Right. And then we have volunteer probation officers that will be there. That's the reason we have staggered amounts and room for the officers ... Ms. Carlson: Who come in patrol cars and are not in the van in the sally port. Mr. Wilshaw: I just want to gel a feel for how much traffic this facility will put onto that street during a typical day. So you're looking at about 40 cars off and on throughout the day. Ms. Carlson: Once per day mostly for the staff and then the patrol cars and van, as the Judge described, come twice a day. Mr. Wilshaw: Sure. Okay. That is all I have. The only comment I'll make at this point is that I haven't talked about the design of the building, which obviously you spent a lot of time on. We've seen it go through a couple different revisions. I do think it's a beautiful building. I think its contemporary in a sense that it matches the other buildings in our campus which are sort of timeless buildings in their design, yet it still portrays the aure of a judicial building with the pillars of justice in the front of it and so on. I do like that very much. Thank you. Mr. Walsh: Any other questions? Mrs. rvbDermott: Judge McCann, I was wondering if maybe you could explain to the viewing audience the reasons for building a new courthouse. We've spent a lot of time talking about what its going to look like and where its going to be placed, but just so the community knows. Judge McCann: Maybe some aren't aware but there's been articles in the Observer since back in 1990 talking about how desperately we've needed space and how crowded we are. In our probation department, we have people in areas designed for 20 people, there will be 70 waiting every morning to see probation people. That was in 1990. So you can imagine what its like in 2008. We have prisoners sifting in cells built for three where its 25 everyday. We have no ability for a disabled person to come in and testify as a witness or to come in and become a juror. We are so woefully inadequate when it comes to anyone who is July 8, 2008 24815 handicapped in our court. We just absolutely don't meet any criteria for handicapped people. There are just standards that we do not meet. We have no means to keep our files current. We don't have enough room for everything, and it's a situation that is to the breaking point. We can't do it anymore. We don't have room. We don't have desks. We dont have furniture. We have no security. We have prisoners marching right through the public, sometimes murderers. I mean it's not often in Livonia but it happens. Murderers march right through women and children and right back out again. It's not a situation that's tenable. It is just not. That's just the way it is. That's not a tenable situation. That's not the way it's supposed to be. Ms. Vartoogian: This kind of goes along the same lines as the last question. You mentioned one of the reasons for the new courthouse is because of the need for more space. Has this building been designed with that in mind in the future in the event that you need more space in the future? Judge McCann: There are certain limitations on everything that you can do in life, and we have looked at every possible way to gel the most that we possible could out of a building in terms of square footage, in terms of technology, in terms of accessibility and do it for the least cost that we possibly can. We've tried to do that in an effective way so that its not on the backs of the people. All I can tell you is that this is the best that I can do. Its the best we've been able to figure out. The Mayor, the Council, Mr. Taormina, everyone, has worked so very hard with me. I think that we will be able to live in this building, we're hoping 30 to 40 years without any changes. That's my best hope. Ms. Vartoogian: Okay. Thank you. Ms. Scheel: When the police officers bring the prisoners over to the courthouse, will they be going on the main roads then, and coming down that one street to go into ... Judge McCann: I'm sorry? Ms. Scheel: When the police officers bring the prisoners over to the courthouse for trial, right now they don't go on a busy road. Correct? They just go across the way. Judge McCann: And they can still come through the back. Ms. Scheel: They can still come through the back and they'll be able to get through the secure driveway? July 8, 2008 24816 Ms. Carlson: Yes. Ms. Scheel: Okay. Mr. Walsh: Any other questions? Mr. Wilshaw: My question is just a follow-up to Ms. Scheel's. How can the police gel to that secure parking lot without going on Brookfield? Ms. Carlson: Oh, I'm sorry. They do have to go on Brookfield but they can make the most of their travel through the campus. They would have to go out to Five Mile, down Brookfield and enter through that access. Judge McCann: Did we cul off that entrance? Ms. Carlson: We don't have that on the plan currently. Judge McCann: Oh, I'm sorry. I thought we could gel through there. Ms. Carlson: Its an easy change to make if that is what is required. Mr. Wilshaw: All right. Thank you. I appreciate the clarification. Mr. Walsh: If I can just follow-up, is the stub road ... see the curve going up the parking lot? Ms. Carlson: That was just a turnaround. We will have signage on Brookfield saying authorized vehicles only, but in case somebody can't read that, doesn't read it and they make a turn and gel to the gate where they can't access it, it will provide them a way to back up and get back onto Brookfield. Mr. Walsh: Okay. All right. Are there any other questions at this point? Seeing none, thank you for joining us this evening. Al this point, we will go to the audience for any of their comments. If you could please step forward. All we need, ladies and gentlemen, is just your name and your address for our record. Good evening. Derrick Fisher, 32641 Brookfield. Good evening. Not only do I represent myself this evening, but I do represent the Brookfield co-owners who are not in attendance here tonight. There are several. A couple questions for the Planning Commission this evening. Please bear with me. One of the things the co-owners have come to me with their obvious concern about this project, is when looking at the amount of available property that the city does have behind the police station, adjacent to the current July 8, 2008 24817 courthouse, why other options aren't being entertained or looked at for a possible location. The concern is pnmanly with safety and certainly the things that I've heard tonight, now knowing that there will be transportation of prisoners, possibly entering off of Brookfield, does not make me, for one, feel any more comfortable, nor will it make the co-owners who reside at Brookfield or in that Five Mile -Brookfield -Fairfield area feel any more comfortable. In the past, we've had issues of vandalism, solicitations of ides, issues with being approached by prisoners who left the current courthouse or people who have been there and couldn't gel a ride whatnot, and my fear is that this will continue now because the proximity is going to be that much closer to our property. Also in regards to the bid process, we obviously know about French Associates. From how many other organizations have bids been procured from? Do we know? Mr. Walsh: Was the bidding process in accordance with our normal procedure, Mark? Mr. Taormina: If he is referring to just the architectural services, yes. There were a number of firms that were interviewed and French was selected. Its actually a joint venture of French Associates, which is the lead architect, and Newman Smith Architects. And yes, there was a compefifive process for the review and selection of that architect, as there will be for the general contractor and all the other bidding that will take place during the construction of this building. Mr. Fisher: Also, Mr. Wilshaw somewhat addressed this as well in regards to the traffic. As a resident of Livonia and someone who has lived off of Five Mile Road for some time now, I've seen an increase in traffic due to our library here and also with the rec center. A concern from our residents is that we're going to see a continued increase in traffic and that may present safety issues or safety concerns because that area there off of Brookfield where we have the boulevard and the island, it is a high accident area. People are often T-boned there. There is a backup of traffic that is created when people move across Five Mile off of Brookfield. So that is a concern. I hope you will certainly review that and take that concern to heart in considering this project. Has there been a proposal to add an additional light at Brookfield and Five Mile at this point? Do you know? Mr. Walsh: That's not before us at the present time. Mr. Taormina: If you're talking about a traffic signal, no July B, 2008 24818 Mr. Fisher: I do appreciate the fact that there was a traffic and safety study done. I'll trust in the legitimacy of that because that was one of my questions. One of my other questions this evening, and I'm sure it will be a question of the residents, is what the difference in square footage is between the current courthouse and the proposed courthouse? Mr. Walsh: Mr. Taormina, do you know that? Mr. Taormina: It essentially doubles the size. It goes from about a 20,000 square foot facility close to a 40,000 square foot facility. Mr. Fisher: When looking at the proposed courthouse, was a renovation or an addition to the current facility, was that entertained or was that explored at all? Mr. Walsh: I do know that it was explored but the costs were prohibitive in comparison to new construction because of the age of the building, in particular, if I'm not mistaken, the ADA requirements. Mr. Fisher: As far as the Planning Commission itself, do you have any concern about how this proposed location will impact the residents of this area? Mr. Walsh: Well, that, sir, is what we're here to determine. We've heard from the petitioner, which is the City and Court. We will accept comments as it proceeds as we approach a vote. People will express their different opinions and perhaps other questions. Mr. Fisher: Certainly, and, you know, in dosing, I think our main concern, especially realizing now that we're going to see the transportation of potentially dangerous criminals, murderers, etc., onto that strip of Brookfield, please realize we do have a lot of long time Livonia residents who have lived in this area 30 years plus. They're elderly and they're very concerned. My purpose here this evening is to lobby for their concems and speak on their behalf because, you know, there are numerous people that are concerned about this, and ultimately, we would like to see another location. Thank you. Mr. Walsh: Thank you for being here. Is there anybody else wishing to speak this evening? Joseph Sorokac, 32631 Five Mile. I'm facing Five Mile and the ice cream stand. I will say, I'm quite impressed by the court building. It's really quite lovely. I have a number of interesting questions. I hope we can gat some answers, and I'm sure that in the name of Mr. Sorokac: Okay. Interesting question. Routinely, when a city building is put up, suppose it were to impinge on a residential area, like Brookfield, even though you own the city ground. I know you own it. Do you routinely send out any kind of notices to the adjacent residents, like we're pulling up a Walmart, a Costco or even a Court next to you. How would you feel about that? Is there anything that is routinely sent out because we don't believe we received any. Mr. Walsh: Mr.Taormina, do you want to address this? Mr. Taormina: This is a type of permitted use project that under our procedures does not require formal notification as would a rezoning or other special land use requests. However, recognizing the concern that has been expressed by the residents, while there was not a formal mailing that went out to the people for tonight's meeting, what we're going to do for tie meeting next Monday, which is the Council hearing, is send copies of that agenda to the July B, 2008 24819 prudence and full and complete disclosure, the Planning Commission will want to hear some of my questions. I appreciate Judge McCann being here and people from the architectural firm. I looked up your firm on line. You do a lot of work. Now, comments. Who is paying for the new court? Is the city, the county or the stale? Who is putting up the dough? That's a legitimate concern. Mr. Walsh: Sir, we're going to answer if we can, but remember, our mission here is simply site plan. Mr. Sorokac: Okay. Site planning. Thank you. Mr. Walsh: Mr. Taormina, do you happen to know? Mr. Taormina Its a combination of funds. There is a Court Construction Fund that was established several years ago. That fund has been growing over time. The court, through that fund, will pay a majority of the costs. Actually, this will be financed through the Municipal Building Authority with the sale of bonds. Both the city and the court will pay off that debt over a period of time yet to be determined. But the majority of funds to pay for the construction will be coming from this Court Construction Fund, which is financed primarily through court fines and other costs collected by the Court. Mr. Walsh: Thank you, Mr. Taormina. We're going to try and slay on site plan, but when we can answer your question, we'll certainly attempt to do so. Mr. Sorokac: Okay. Interesting question. Routinely, when a city building is put up, suppose it were to impinge on a residential area, like Brookfield, even though you own the city ground. I know you own it. Do you routinely send out any kind of notices to the adjacent residents, like we're pulling up a Walmart, a Costco or even a Court next to you. How would you feel about that? Is there anything that is routinely sent out because we don't believe we received any. Mr. Walsh: Mr.Taormina, do you want to address this? Mr. Taormina: This is a type of permitted use project that under our procedures does not require formal notification as would a rezoning or other special land use requests. However, recognizing the concern that has been expressed by the residents, while there was not a formal mailing that went out to the people for tonight's meeting, what we're going to do for tie meeting next Monday, which is the Council hearing, is send copies of that agenda to the July 8, 2008 24820 surrounding residents. You'll probably be receiving those in the next couple of days. So that will provide notification for the Council's review of this item, which is scheduled for next Monday, and then following that, the regular voting meeting, but you will be advised when that meeting will take place after next Monday. Mr. Sorokac: I have a computer copy of the agenda. Was this particular agenda placed in the Livonia Observer as is customary. I've seen a lot of your materials in the Observer. Did you place this one in? Mr. Taormina: This one was not. Mr. Sorokac: It was not? Mr. Taormina: No. Mr. Sorokac: You forgot? Mr. Taormina: No. It wasn't required to be placed in the Observer. Mr. Sorokac: It wasn't required? Mr. Taormina: No. Mr. Sorokac: Thank you. It seems like a lot of low publicity. If I were a radar person, I would say I didn't see your plane, Mr. Taormina, on the radar screen. Mr. Walsh: Sir, let's keep to your questions. Mr. Sorokac: The library now. The library is used by a lot of Livonia people, Livonia citizens and taxpayers, like myself. Now, we've been told that a good bunch of this money is coming from Livonia taxpayers. Did the Court or anybody talk to the people using the library or things like that, because it's used by citizens, families, children. It looks to me, with that structure as if, and I'm not saying that you're pushing your way onto a Five Mile site. I would never say that, but it looks like you're placing that there and the library is losing a lot of parking area. Plus you're permitting Livonia citizens and old folks and seniors and children to come to more immediate contact with those who are termed, Judge McCann, you termed them as nonviolent yet you said ... Mr. Walsh: Sir, I'd like you to direct all of your comments to this Planning Commission. We are here to answer your questions. July B, 2008 24821 Mr. Sorokac: Okay. Okay. The Judge said, for example, it would be nonviolent offenders. Now we're told its a wide variety and they're going to be trucking them down Brookfield past the Brookfield Condominium complex. Just so that would be noted. I also want to just mention one thing and I will let you off the hook, sir. I appreciate your listening to me. I did email Mayor Jack Kirksey. I'm sorry that he's not here because I would like to look him in face. Mayor Kirksey, when I said about this, he gave me a nice young aid, Mr. David Varga, who called me twice. David Varga was employed by the City at that time for two days. He was on his second day at work. So welcome to our new people here loo. Mr. Walsh: Sir, how can we help you on the Planning Commission? Mr. Sorokac: I'm just surprised that Mayor Kirksey didn't want to discuss this or say anything. I mean, usually you would hope ... Mr. Walsh: Sir, again, we will answer questions you have on the site plan. If you want to discuss that with the Mayor, you can do so. Mr. Sorokac: Okay. I just think, I was under the impression that with such a large area of property here, and you know it's large, that you could have found other areas of this vast site. It seems like you're trying to cram that into a site that was not say particularly for that usage initially, and it seems like you could have got over closer to the Police Station to make the place more accessible for the officers. I'm thinking of all their time and walking and everything. We could have them closer to the site, and again, one final comment, and I will address this to all of you. We're told that the site is being put at 36765 Five Mile. Just for the record, sir, the geographically challenged will have just as lough a time finding Five Mile as they will in finding Farmington Road, geographically challenged. So I'm not all that happy that you're going to locale by us. That's all I have to say. Respectfully, thank you very much. Mr. Walsh: Thank you, sir. Is there anyone else in the audience wishing to speak? Richard Brawley, 32691 Fire Mile. I just want the group here to know that, number one, has anybody thought of putting a light right at the corner of Brookfield and Five Mile where Derrick has talked about all the T-bones we've had there and people that were almost killed? And when we start this courthouse and those people come around there, if you dont do something with a light there, you're going to have a lot of problems. Number one. July 8, 2008 24822 Number two, do you have any idea, any idea whatsoever, how much Brookfield is going to have? There's ladies here that have to pull out there to go to work every morning, and right now, there's people going down. Can you imagine when we gel the courthouse there and you gel those cars coming down there, 35 or 40 of them in the morning, and prisoners in the afternoon, can you imagine, if you lived here, if you had to gel a loaf of bread? How would you gel out to go to Stan's and gel it? First thing you have to think about is put a light there somewhere to slop some of that traffic so the people coming out from Brookfield, whether they live where I do or they live down the street, can come out and at lead gel out to Five Mile without all of this traffic coming in, coming in, coming in. Now I realize there's a light at Hubbard. They may not want b put one at Brookfield, but if the courthouse was in there, they certainly should. Thank you very much. Mr. Walsh: Thank you, sir. Good evening. Charles Smith, 32681 Five Mile. Excuse me, I'm going to lose my voice. I always go hoarse. I live in the Brookfield Condos. I have to two concerns here with this secured parking that the employees have to use, which means when they pull in the morning, 7:30, quarter to 8:00, there will be a big line of traffic on Brookfield waiting to gel into this secured panting lot, with the cars idling. There's a lot of senior citizens in this complex that are not happy with this. Also, what the Judge said about her being elbow to elbow with the bad guys, what about us that live in this complex when all these bad guys start driving in? That's all I got to say. Mr. Walsh: Thank you. Sharlene Peterson, 32635 Five Mile Road. I'm extremely nervous already, just the thought of prisoners. I'm almost 75 years old. I will be frightened to sit out on my patio and know that the police are going up and down my street with prisoners. I'm sorry. I would hope that you could find another way, or another driveway, that they could use without exposing us. I've had my car already broken into. I've had my stereo system already cul out of my car. They did $1,200 worth of damage. I do not like the idea of you bringing prisoners down Brookfield. I have always loved Livonia and I love living in the Brookfield Condo, and I have always fell very secure and very safe, but right now, I am extremely upset with the idea of you bringing prisoners down. Thank you for listening to me. Mr. Walsh: Thank you. Is there anyone else wishing to speak? July 8, 2008 24823 Marlene Kriscovich, 32633 Five Mile Road. I have a question for the committee concerning the location. You're talking about this great Livonia campus that we have. You're putting a district court next to a library that's family used. But on the corner of Five Mile and Farmington, which is part of the campus, we have a restaurant. Why? That's a campus. It's right on the corner of Five Mile and Farmington. Everybody can find it. It's part of the campus and why can't you put it there? Its almost a skip and jump from the other one. It's close to everything. Mr. Walsh: There is an existing lease for that property. Ms. Kriscovich: Does that matter to the City? Mr. Walsh: It matters in a court of law to the person that leases it. Ms. Kriscovich: So that person who has a lease to run a restaurant has more power with the City of Livonia or more, yeah, they can use that and people live right across the street from something that you want to building have nothing to say? Mr. Walsh: No, ma'am. You have everything to say about the site plan tonight, and we will listen to that and discuss it. Ms. Kriscovich: That's what I'm saying about the site plan. Why cant we use the corner of Five Mile and Farmington? Mr. Walsh: Because the site plan before this body is only the court. That's all that we can consider. We can take in your concerns about its location and attempt to address those as we proceed this evening. But we are not empowered, we don't have the legal authority or right to dictate any other changes. We can approve or deny this application. Ms. Kriscovich: I hope you deny it. Tha nk you. Mr. Walsh: Is there anybody else in the audience that wishes to speak for or against this pefition? Seeing no one coming forward, then we will close the public hearing. The petitioner has the opportunity to speak and address the number of issues. There certainly will be questions from my colleagues. Judge McCann: I just want to clarify one issue and that is, before Suzanne begins, and that is with regard to the prisoners. I dont want any of the residents to be so fearful. What I'm taking about in terms of dangerous prisoners are only the ones that are in the custody of the police, and they are brought back and forth from the police station to the courthouse. They are not the ones that are July B, 2008 24824 walking around. If they are that dangerous, believe me, I don't release them back so that they are walking through the neighborhoods. Second of all, that's one of the reasons we want the new courthouse, so that we can have much greater security. So they never leave the building whatsoever unless they are locked in chains in a vehicle and that vehicle goes straight from our courthouse either straight to the jail downtown or straight to the police department. Anyone who is released from my courthouse is only released if I truly believe they are not a danger in the community. If I think they're a danger, I'm not releasing them no matter what the bond is. I'm not releasing them if I think they're a danger. Suzanne. Ms. Carlson: Just to follow up with what the Judge was saying about prisoner transport, the sally port, which is on the eastern side of the building, is accessed from the secured parking lot. The way that functions is that the police transport vehicles enter into the sally port. The doors close behind them and they are interlocked. So only one door can be opened at a time. So the way it would work is that the police would pull into that garage, the doors close behind them, and then there are two prisoner transport officers who transport the prisoners. From that point, all of where they can go is into the building. There is no way they can gel out of the building at that time. It is completely secured. So the sally port helps the security of the site. And to address some of the residents' concerns, and I appreciate those. We did look at ....this is our third site option. We looked very carefully at three options. One was adjacent to the existing court and the senior citizen building. The logistics of constructing a new building and keeping the senior citizen and the court in its current location operational and constructing a building at the same time seemed insurmountable and still provide a safe access point for everybody at the same time. Our second option was just south of the location of this building, the civic center building, backing up to the wooded area. We did extensive soil borings there and found that the soil was unsuitable for building at that point. The cost to make the soil suitable would be prohibitive for the building project. So our third site to look at was east of the library. I appreciate the residents concern with the proximity. I do think that the site addresses a lot of the security issues, but I would offer one thing that I think might alleviate quite a bit of concern here with the residents. And that would be, and I'm not sure this is the right place for this, but its a suggestion, and that would be to eliminate the access point from Brookfield and provide access to the secured lot through the parking lot, so all the traffic concerns that the residents are expressing tonight would be July B, 2008 24825 eliminated. The access to the secured lot would be from the campus side of the court. Mr. Walsh: Are there questions? Ms. Smiley: What your suggesting is that they would come in to the parking lot and then again have the key bobble whatever access so that only authorized personnel can go into that special parking lot. Ms. Carlson: Yes. Essentially where the drive comes to Brookfield, we would just flip that and enter from the parking lot. Ms. Smiley: I, as one commissioner, think that's an excellent suggestion. Mr. Walsh: Other questions or comments? Mr. Wilshaw: I agree thoroughly. I think that's an excellent suggestion. We talked earlier about perhaps making that secure parking lot accessible through the parking bt, but not closing the Brookfield entrance, and that concerned me obviously because that now becomes a cul through point for people to gel in and out of the courthouse onto Brookfield, and obviously the residents aren't going to want that. So I do think the idea of slipping the parking entrance to the parking lot makes a lot of sense and I do appreciate the background that you provided. I was going to ask the question if you didn't already do it, is how did we arrive at this site because that is a question that many residents have. I think it's important that they realize and that everyone listening realizes that this isn't the first site that you looked at. This is one of many sites that have been looked at over a multi month process. So l appreciatethat background. Thank you.. Mr. Morrow: Just a comment, Judge. You coexist now next to the Senior Center, do you not? Judge McCann: Yes, we do. Mr. Morrow: Now, you've indicated earlier that this is even a much more secure area than what you're going to have with the new building, infinitely so. Judge McCann: In the new building, it will be infinitely more secure. Mr. Morrow: And I think if you can co -exist next to a senior center, that we are improving security issues, not only to the residents in the area, but the people that are in the courthouse and for that matter, the library. Ms. Carlson: Thank you July 8, 2008 24826 Judge McCann: And I think that was one of our concerns. We had looked at the area out near Five Mile and Farmington and, frankly, it's a beautiful site. It's one that I initially wanted, but because of the restaurant and the lease, and because of the traffic problems in trying to construct a building and moving everyone during that period of time, it was going to cost so much in terms of time, confusion. It was such a major cost and inconvenience, we determined that it was just not feasible. This was really the only viable site, and frankly, I think that the seniors have managed without any problems. We never had a single complaint to my knowledge from a senior that they've been bothered by any of our probationers, by anybody that has come in the evening or come at any other time. Not a single complaint in the entire time I've been there since 1994. Mr. Morrow: This was the point I was trying to bring out. If pu could offer your experience over the years as it relates to the location you're at now ... Judge McCann: And we do have security cameras and we will have even more at that time. I don't think anyone has reason to fear from what we have. People that we keep on probation are people that we are trying to make better to bring them back in the community to have a better life. Honestly, that's a mission of ours. It's not, we don't go there to punish and destroy people. We're trying to make them better people, and most of them come out better by the time they're on the end. They're not out there trying to commit more crimes. If they do, they' in jail. We don't let them stay out there anymore. Mr. Morrow: I think with this change, as it relates to how you get to your secure lot, will certainly help the Brookfield traffic because it really doesn't impact it if we make that switch. With the way you're addressing the security and the way you've screened it from the residents on Brookfield, I think with those changes, it's a great plan. Judge McCann: Thank you. Mr. Walsh: Are there any additional questions? Ms. Scheel: I do appreciate the change. I think its much better for the transportation of the prisoners and for the traffic down Brookfield Avenue. So thank you very much for suggesting that. Ms. Carlson: Thank you July 8, 2008 24827 Mr. Walsh: Thank you for being here. Al this point, unless there are any other questions, a motion would be in order. On a motion by Smiley, seconded by Morrow, and unanimously adopted, 8 was #0731-2008 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2008-06-08-07 submitted by French Associates Architects requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a new courthouse (le District Court) on property located at 32765 Five Mile Road, located on the south side of Five Mile Road between Library Drive and Brookfield Avenue in the Northwest '/. of Section 22, be approved subject to the following conditions: 1. That the Site Plan marked Sheet A1.01 dated June 9, 2008, as revised, prepared by Neumann Smith Architecture, is hereby approved and shall be adhered to, except that vehicular access from Brookfield Avenue to the secured parking lot shall be eliminated and shall instead be provided from the main parking lot; 2. That the Dimensional Site Plan marked Sheet C0.1 dated June 9, 2008, as revised, prepared by French Associates, is hereby approved and shall be adhered to; 3. That the Landscape Plan and Planting Details Plan marked Sheets Ll & L2 both dated July 1, 2008, as revised, prepared by Michael J. Dul & Associates, Inc., are hereby approved and shall be adhered to; and 4. That the Exterior Building Elevation Plans marked Sheets A4.01 & A4.02 both dated June 9, 2008, as revised, prepared by Neumann Smith Architecture, are hereby approved and shall be adhered to. Ms. Smiley: Mark, are we going to do anything about that driveway? Mr. Taormina: Yes. If I could offer a suggestion and that is, revise Condition #1 to stale that it is hereby approved and shall be adhered to, except that vehicular access from Brookfield Avenue shall be eliminated. We will word it to indicate that access will come from the west of the main parking lot. Ms. Smiley: Thank you. Mr. Walsh: So we have a motion on the table as prepared with the change that there will not be access from Brookfield. Are there any July 8, 2008 24828 comments? Seeing that there are no comments, would you please call the roll? Mr. Walsh: The motion passes. This will go on to the City Council with an approving recommendation with that change that was indicated. The petitioner has requested a seven day waiver letter. Judge McCann has spoken to both myself and to President Toy of the Council. With a vole this evening, they will be able to move on to the next agenda of the City Council. Is there a motion? On a motion by Morrow, seconded by Smiley, and unanimously approved, itwas #0732-2008 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 2008-06-08-07 submitted by French Associates Architects requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a new courthouse (16r" District Court) on property located at 32765 Five Mile Road, located on the south side of Five Mile Road between Library Drive and Brookfield Avenue in the Northwest % of Section 22. Mr. Walsh: Mark, could you give me the dale of that meeting again for the people in our audience? Mr. Taormina: That will be Monday, July 14. Mr. Walsh: Thank you. So this matter will be again considered by the City Council on Monday, July 14 at 8:00 p.m. in this same room. Thank you ladies and gentlemen for being here. ITEM #3 PETITION 2008 -05 -SN -03 CAMBRIDGE CENTER Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 05Sh-03 submitted by The Blain Group requesting approval for a ground sign for the high rise office building (Cambridge Center) located at 38777 Six Mile Road, on the south side of Six Mile Road between Haggerty Road and the -275/96 Expressway in the Northwest % of Section 18. Mr. Miller: This is a request for a ground sign for the Cambridge Office Center located on the south side of Six Mile Road between Haggerty Road and the -275/96 Expressway. This building is July 8, 2008 24829 four stones in height and is located in a PO, High Rise Professional Office district. By virtue of the PO zoning, this high-rise multi -tenant office building is permitted one wall sign based on the lineal footage of the building frontage and two ground signs. This property is permitted two ground signs because it has more than 400 feet of frontage along two major thoroughfares (Six Mile Road and the 1-275/96 Expressway). The Cambridge Office Center already has an existing wall sign on its east elevation. The petitioner is proposing to erect only one conforming ground sign on the east side the site's driveway off Six Mile Road. This proposed monument sign would have a brick base and the sign area would consist of exchangeable tenant panels. The sign would be internally illuminated. Mr. Walsh: Is there any correspondence? Mr. Taormina: There is one item of correspondence from the Inspection Department, dated June 13, 2008, which reads as follows: "Pursuant to your request of June 9, 2008, the above - referenced petition has been reviewed. The following is noted. (1) The required 'no parking fire lane' signs are missing at the front entry and must be replaced. (2) There are missing shrubs at the enclosure around the generator. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the Planning Department? Seeing none, I know the petitioner is in the audience. Sir, could you please step forward? Good evening. Brady Blain, The Blain Group, 39209 Six Mile, Livonia, Michigan 48152. Good evening. Mr. Walsh: Thank you, Mr. Blain. There's probably not much more to add to the presentation. Are there any questions for Mr. Blain this evening? It's a conforming package. Pretty straight up. Mr. Blain, thank you for being here. We don't have any questions. We appreciate you being here but we won't tax your memory or anything tonight. Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward and the absence of any additional comments, a motion is in order. On a motion by McDermott, seconded by Wilshaw, and unanimously adopted, it was July 8, 2008 24830 #0733-2008 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2008 -05 -SN -03 submitted by The Blain Group requesting approval for a ground sign for the high rise office building (Cambridge Center) located at 38777 Six Mile Road, on the south side of Six Mile Road between Haggerty Road and the 1275/96 Expressway in the Northwest % of Section 18, be approved subject to the following conditions: 1. That the Sign Package submitted by The Blain Group, as received by the Planning Commission on May 23, 2008, is hereby approved and shall be adhered to; 2. That the petitioner shall correct to the Inspection Department's satisfaction the items outlined in the correspondence dated June 13, 2008; and 3. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#4 PETITION 2008 -05 -SN -05 WALGREENS SIGN Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 05Sh105 submitted by Diamond Holdings, on behalf of Walgreens, requesting approval for signage for the commercial building (Walgreens) located at 33239 Eight Mile Road, on the south side of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest % of Section 3. Mr. Miller: On July 2, 2007, Walgreens received waiver use approval to construct a commercial building within the Eight Mile Place development. Eight Mile Place is a commercial development consisting of a Tim Horton's restaurant, a multi -tenant commercial building, Taco Bell and the subject Walgreens. As part of the approving resolution for Walgreens, it was conditioned that the proposed signage shall be separately submitted for review and approval by the Planning Commission and City Council. The subject property is zoned G2, General Business. By virtue of the C-2 zoning, this commercial building is permitted two wall signs because it has exposure along two major thoroughfares, Eight Mile Road and Farmington Road, July 8, 2008 24831 and one ground sign. The sign area for the principle wall sign is based on the lineal footage of the building's frontage and the secondary wall sign is based on half the allowable area of the first permitted sign. All proposed signage would be internally illuminated. Therefore, they are allowed one wall sign on the north elevation, which is the elevation facing Eight Mile, at 130 square feel, and one on the west elevation, which faces Farmington Road, at 65 square feet. They also are permitted a ground sign at 30 square feel. What they are proposing is two wall signs, one on the north elevation and one on the west elevation. Both signs would be 65 square feel in size, so they are conforming wall signage. They are also proposing a ground sign. They are allowed 30 square feet. they are proposing one at 22 squarefeel. Sothis is also a conforming sign package. Mr. Walsh: Is there any correspondence? Mr. Taormina: There is one item of correspondence from the Inspection Department, dated June 16, 2008, which reads as follows: "Pursuant to your request of June 5, 2008, the above - referenced petition has been reviewed. The following is noted. (1) The petitioner shows seven proposed wall signs where only two wall signs are permitted. The first wall sign would be permitted to be a maximum of 130 square feet. The second wall sign would be permitted to be a maximum of 65 square feet. A variance from the Zoning Board of Appeals would be required to maintain the excess number of wall signs and excess square footage. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. Just as a note, this letter was written at a time when the petitioner was proposing five additional wall signs. He has since revised this application to show the two signs as discussed by Mr. Miller this evening. It is a conforming sign package at this point and would not require review by the Zoning Board of Appeals. That is the extent of the correspondence. Mr. Walsh: Thank you. Are there any questions for the staff? Ms. Varloogian: Is there just the two wall signs? There's no ground sign any longer then? Mr. Taormina: The ground sign is proposed in addition to the two wall signs. Ms. Vartoogian: Okay. So there is a ground sign and two wall signs. Mr. Taormina: Yes. That's the sign that Scott is showing right now. It's a little difficult to see. It's actually the mortar and pestle logo on a box July 8, 2008 24832 sign with Walgreens scdptjust below that. The size of that sign, as was indicated, is under the 30square fool allowance. Ms. Vartoogian: Okay. Thank you. Mr. Walsh: Is the petitioner here this evening? Good evening. Mike Rein, Bowers & Rein Associates, 2400 S. Huron Parkway, Ann Arbor, Michigan 48104. Good evening. I'm representing Walgreens and Diamond Holdings this evening. I really have nothing further to add. If there are any questions, I'd be glad to try and answer them. Mr. Walsh: Are there any questions from the Commissioners? Mr. Wilshaw: I just want to make a comment that I appreciate the work that you've done on the sign package in coming in to us with a conforming package. It's very much appreciated. Mr. Rein: We tried to work closely with Mr. Miller and Mr. Taormina. Mr. Wilshaw: Thank you. Mr. Walsh: Thank you for being here, sir. If there are no further questions or comments, then a motion would be in order. On a motion by Varloogian, seconded by Wilshaw, and unanimously adopted, 8 was #0734-2008 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2008 -05 -SN -05 submitted by Diamond Holdings, on behalf of Walgreens, requesting approval for signage for the commercial building (Walgreens) located at 33239 Eight Mile Road, on the south side of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest''/. of Section 3, be approved subject to the following conditions: 1. That the Sign Package submitted by Diamond Holdings, as received by the Planning Commission on June 23, 2008, is hereby approved and shall be adhered to; 2. That these wall signs shall not be illuminated beyond one (1) hour after this business closes; 3. That no LED Iighlband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; July 8, 2008 24833 4. That any additional signage shall come back before the Planning Commission and City Council for their review and approval; and 5. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #5 PETITION 2008 -05 -SN -06 LAUREL PARK SIGN Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 05 -SN -06 submitted by Schostak Brothers & Company requesting approval for wall signage for the office buildings (Laurel Park) located at 17370, 17380, and 17390 Laurel Park Drive North, on the east side of Laurel Park Drive between Six Mile Road and Seven Mile Road in the Southeast'''/ of Section 7. Mr. Miller: This is a request for wall signage for the Laurel Park Office Buildings located on the south side of Laurel Park Drive between Newburgh Road and the 4275/96 Expressway. The Laurel Park Buildings consist of three high rise multi -tenant office buildings that are connected by separate atriums. These buildings are part of the Laurel Park Place Mall development and are located in a PO, High Rise Professional Office district. By virtue of the PO zoning, these three multi -tenant office buildings are each permitted one wall sign based on the lineal footage of their building frontages. One of the subject office buildings already has an existing wall sign. On the west elevation of 17390 Laurel Park Drive is an existing wall sign that identifies the University of Phoenix. Because 17390 Laurel Park Drive already has an existing wall sign, any additional signage for that office building would require a wriance from the Zoning Board of Appeals. The other two buildings, which are identified as 17370 and 17380 Laurel Park Drive, are both permitted one wall sign at 52 square feet. The proposed signage is for one wall sign on the north elevation of each building at 52 square feel and both these signs are conforming. That is the extent of the proposal. Mr. Walsh: Is there any correspondence? July 8,, 2008 24834 Mr. Taormina: There is one item of correspondence from the Inspection Department, dated June 16, 2008, which reads as follows: "Pursuant to your request of June 5, 2008, the above - referenced petition has been reviewed. The following is noted. The petitioner shows a proposed wall sign located on the north side of 17390 Laurel Park Drive, where an existing wall sign is located on the west side of the building. A variance from the Zoning Board of Appeals would be required to maintain the additional sign and excess square footage. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? Seeing none, we will go to the petitioner. Good evening. Stephen Duczynski, Newburgh/Six Mile Limited Partnership II, 17672 Laurel Park Drive North, Suite #400E, Livonia, Michigan 48152. I'm a Vice President with Schostak Brothers & Company, Inc. I'm also the Director of Real Estate Development and Construction Division. Tonight, accompanying me to answer any questions, are representatives of both the Tower tenant, whose name appears on the previous plan, and the AAA tenant. I have Mr. Dave Darida of Legal Counsel with Tower Automotive. I have Mr. William Hanby, a Senior Vice President with AAA Life Insurance Company and also the Chief of Information Officer. And I have Mr. Robert Dotson who is General Counsel and Secretary with the AAA Life Insurance Company. We're all here tonight because this discussion is very important to us, important to AAA, important to Tower and their ability to operate a business at the Laurel Park Place office building. We are collectively seeking your approval on tonight's agenda. To give you some background about Tower in case you aren't aware, Tower Automotive is not a field supply company, previously based at the intersection of Twelve Mile Road and Haggerty Road, and has decided to come to Livonia to provide its headquarters at the Laurel Park Place office building, to locale it headquarters there. It is very important both to Laurel Park because it increases their occupancy rale, and I think having an automobile supply company in the City of Livonia, to be able to say we have one as maybe a local township near us says and is important to us, as we say the universities in Livonia are very important to us. But their space is under construction. There is 79,000 square feet. They're taking in the three buildings and I'm here tonight to talk to you that this is not one building; this is three buildings. They're taking the fourth floor of what we call the east building. They're taking the fourth floor of the center July 8, 2008 24835 building. They're taking 75 percent of the fourth floor of the west building. If that wasn't enough, they're taking first floor space within the west building which will contain their exercise area for their employees, will contain a display center which will show what they produce as an automobile supply company, and a receiving area to accept that display material. I'm told they have 300 employees. Schostak is their landlord and we are building the space for them and construction started two weeks ago. The second tenant, AAA, containing 50,000 square feel, just recently completed their construction. I'm told that they, loo, have 300 employees that reside within the space. To make all that happen, Schoslak, a tenant in that space, a resident of Livonia, vacated their space, their 23,000 square feet, and went from the fourth floor in each building to the second floor center building and opened up approximately a week and a half ago for business. Schoslak's 23,000 square feet, their 84 employees, the square footage of AAA, 50,000 square feet, the square footage of Tower Automotive, 79,000 square feet, allowed 152,000 square feel to be under construction in Laurel Park Place office complex since the beginning of the year. We're quite pleased with that. That's the reason why we're here tonight. That's the good news and we only have good news. We are petitioning the city, both in this meeting, the City Council meetings, as Mr. Taormina said, the Zoning Board of Appeals, to consider Laurel Park Place as three individual buildings rather than a building, as it is considered now. We're asking for the approval of multi exterior building signage. We make this request based on hardship, and we are petitioning the city based on the following hardships that I'd like to recite to you. Building design. If it were not for the glass atrium at the entranceway and the glass roof, these three office buildings would exist with open exterior walls. But in 1988, 89 and 90, that was the thing that architect did rather than letting the three buildings sit as they were, created an interior atrium, created an interior feeling, make it good for the employees. To make matters worse or, in my case, matters better, there is a parking structure building, and it truly is a building because it occupies tenants, it occupies their cars, but more importantly, it occupies a theater and six in4ine tenants. And again, that part of the atrium which is at the south section of the office building, if the atrium didn't exist, the common area would still exist, but those buildings would have been designed with an open type insulated exterior wall. But for the architect, again, enclosing the roof with glass and the entrances to that common area with glass, it may look like and may work as one building, but we believe we have three buildings that contain offices. We have another building that contains a parking structure within which is lucked in the theater and six additional tenants. So because of July 8, 2008 24836 that, we believe that, although we designed something properly and benefits the City of Livonia, we kind of punished ourselves in doing so. We further learned that when we tried to operate the building, the U.S. Post Office would not consider this one building. They consider our complex four buildings. The parking structure building with the theater and six tenants is building one and those have separate addresses. And each office building has a separate address as we recited earlier today, 17370, 17380 and 17390, and if you're a tenant within those buildings, a variation of that number, that's your address and that's how the post office delivers the mail. So in their eyes, this is three buildings. The buildings itself located where they are, are not on Six Mile Road. The buildings are not on Newburgh Road, but are on Laurel Park Drive, which in one section of it is a northbound collector street and another portion of it is an east - west collector street. So the office building itself only really has two locations for signs, on the north side or on the west side. As we spoke earlier today, the west side already has the University of Phoenix and, therefore, we're not proposing any more signs on that side of the building, but we're proposing it on the north side of the building. We're trying to identify each building. Building A, Building B, Building C, in this case, building Tower, building AAA and building tenant. We don't have a name for the third tenant at this point. If I tell you a little story at the end of my presentation, you'll think that Schoslak may need a sign, but that's not why I'm here tonight. We have no opportunities or any rights for signage on Six Mile Road or on Newburgh Road. So that's a hardship. So because of the multiple building structures, the atria that we have, the entrances where they're located, because of a good design and because we have been fortunate enough to bring Tower Automotive to Livonia, with your help, and AAA Life Insurance to Livonia, we have a problem. And that problem is we have insufficient way finding signs. And of course in doing that, also we recognize the sign ordinance and we're not proposing a sign that's any bigger than the ordinance. We know that 52 square feet is the rule of thumb, and each building will have a sign no more than 52 square feel. So we don't want to change the ordinance. We just would like to have a way finding sign on the building so that these tenants can operate as they expect to. In the case of Tower, to acknowledge that it is an automotive supplier headquarters. I guess the best way I can say and tell you what our problems are is to relate a little story to you that came across my desk a few days ago. It's from a tenant who actually operates in the Laurel Park office building and it goes something like this. The tenant shortly settled into their new offices and they were going to entertain a client. The client lands by plane at Metro Airport, called the receptionist and July 8, 2008 24837 requested directions to the Laurel Park Place office. The conversation went something like this. Take 1-275 north and exit on Six Mile Road east. Not so bad. Proceed right to the first center median opening. Oh by the way, that's Laurel Park Drive. I hope there's a sign but there is a traffic light. If you miss that, don't worry. Schostak has an office space for lease sign. If you find that, turn there. The girl then proceeded to give further directions. When you go on Laurel Park Drive north, you will be going in a northerly direction but as you turn the corner, there's a 90 degree tum half way down. You'll gel going east to Newburgh Road. But don't worry about it, there's office buildings on the left and there's office buildings on the right. Just about that time, the receptionist was interrupted by the voice on the other end of the phone saying, well, which office building should we go to? She said, not a problem. Continue on the easterly path of Laurel Park Drive until you see the Parisian department store. Turn right into the main driveway and park in front of what looks like three office buildings, with glass enclosed front and the glass enclosed roof, and go to the first building. The phone conversation ended and several minutes later, the receptionist got a call. The gentleman said, I'm in the parking lot. Is the first building on my left or is the first building on my right? It's a true story but an embarrassing moment for the tenant that was in the building because of the lack of way finding signs. This out -of lown visitor wasn't able to find the building. I'm asking you today, as well as Tower and AAA, to approve the petitioners request and welcome them to Livonia. Thank you. I'm ready for questions. They are here for questions. We're all ready to answer any questions you might have. Thank you. Mr. Walsh: Are there any questions? Mr. Wilshaw: Mr. Duczynski, that's a very good presentation you gave us. I have no problem with the request for the signage. I'm thrilled to see Tower Automotive coming to Livonia. I know AAA Life has already been in Livonia and is moving to this facility. I think that's excellent as well. I will say that perhaps you may need to have addresses on your building as opposed to company names because it sounds like you obviously have difficulty giving directions to the building. But that being said, I know that people are creatures of habil and if you say it's the Tower Automotive building, its the one with the AAA logo on it, those work just as well as an address on the building, so I'm fine with this. Thank you. July 8, 2008 24838 Mr. Walsh: Are there any other comments or questions? Seeing none, thank you, sir, for being here. We appreciate you all coming tonight. At this point, a motion is in order. On a motion by Wilson, seconded by McDermott, and unanimously adopted, 8 was #0735-2008 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Pefilion 2008 -05 -SN -06 submitted by Schostak Brothers & Company requesting approval for wall signage for the office buildings (Laurel Park) located at 17370, 17380, and 17390 Laurel Park Drive North, on the east side of Laurel Park Drive between Six Mile Road and Seven Mile Road in the Southeast % of Section 7, be approved subject to the following conditions: 1. That the Sign Package submitted by Schoslak Brothers & Company, as received by the Planning Commission on June 4, 2008, is hereby approved and shall be adhered to; 2. That these wall signs shall not be illuminated beyond one (1) hour afierthis business closes; 3. That no LED lighlband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 4. That any additional signage shall come back before the Planning Commission and City Council for their review and approval; 5. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto; and 6. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for. Mr. Walsh: Is there any discussion? Mr. Morrow: Again, I'd like to compliment the fine presentation and, as one commissioner, welcome Tower Automotive for selecting Livonia and AAA Life selecting to remain in Livonia. Thank you. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. July 8, 2008 24839 ITEM#6 APPROVAL OF MINUTES 9647HPUBLIC HEARINGS AND REGULAR MEETING Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 960 Public Hearings and Regular Meeting held on June 10, 2008. On a motion by Vartoogian, seconded by Smiley, and adopted, it was #0736-2008 RESOLVED, that the Minutes of 964" Public Hearings and Regular Meeting held by the Planning Commission on June 10, are hereby approved. A roll call vole on the foregoing resolution resulted in the following: AYES: Varloogian, Smiley, MdDermoO, Morrow, Walsh NAYS: None ABSTAIN: Scheel, Wilshaw ABSENT: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM#7 APPROVAL OF MINUTES 3951h SPECIAL MEETING Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 395"' Special Meeting held on June 17, 2008. On a motion by Wilshaw, seconded by Scheel, and unanimously adopted, it was #0737-2008 RESOLVED, that the Minutes of 395"' Special Meeting held by the Planning Commission on June 17, 2008, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Wilshaw, Scheel, McDermott, Morrow, Varloogian, Smiley, Walsh NAYS: None ABSTAIN: None ABSENT: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. July 8, 2008 24840 On a motion duly made, seconded and unanimously adopted, the 965" Regular Meeting held on July 8, 2008, was adjourned at 8:40 p.m. ATTEST: John Walsh, Chairman CITY PLANNING COMMISSION Carol A. Smiley, Secretary