The meeting was called to order at or about 7:00 PM.

Present:  Members John Avdoulos, Victor Cassis, Andrew Gutman, Michael Lynch (7:08 PM), Michael Meyer, Mark Pehrson, Wayne Wrobel

Absent:  Member Brian Burke (excused)

Also Present:  Barbara McBeth, Deputy Director of Community Development; Mark Spencer, Planner; Kristen Kapelanski, Planner; David Beschke, Landscape Architect; Ben Croy, Civil Engineer; Alan Hall, Façade Consultant; Dr. John Freeland, Wetland Consultant; Kristin Kolb, City Attorney

Member Meyer led the meeting in the recitation of the Pledge of Allegiance.

Moved by Member Pehrson, seconded by Member Gutman:

Chair Cassis welcomed back Member Gutman and Member Wrobel, both of whom were recently re-appointed to the Planning Commission.

Moved by Member Pehrson, seconded by Member Avdoulos:

Moved by Member Wrobel, seconded by Member Gutman:

Moved by Member Gutman, seconded by Member Member Avdoulos:

No one from the audience wished to speak.

There was no correspondence to share.

There were no Committee Reports.

Deputy Director of Community Development Barbara McBeth reported on the recent City Council meeting. The second reading of the EXPO Zoning District Text Amendment was approved.

There has been discussion about having a joint meeting between the Planning Commission and the City Council. It could potentially be held on August 27, 2007. The Planning Commission may wish to discuss the Master Plan update with City Council.

Consideration of the request of Toll Brothers for a one-year Final Site Plan extension. The subject property is located in Section 19, north of Ten Mile and west of Wixom Road, in the RA, Residential Acreage District, with an RUD agreement.

Moved by Member Meyer, seconded by Member Gutman:

The Public Hearing was opened on the request of Amson Dembs Development, LLC, for possible recommendation to City Council for rezoning property in Section 9, East of West Park Drive, south of Dylan Drive, from I-2, General Industrial, to OST, Planned Office Service Technology District. The subject property is 13.54 acres.

The Public Hearing was opened on the request of Amson Dembs Development, LLC, for possible recommendation to City Council for rezoning property in Section 9, East of West Park Drive, south of Dylan Drive, from I-2, General Industrial, to I-1, Light Industrial District. The subject property is approximately 1.67 acres.

Planner Mark Spencer explained that Items 1 and 2 on the Public Hearing Agenda are related, so he proceeded with his review by discussing both properties simultaneously. Both parcels are part of the Novi Corporate Campus. Already approved in this campus are Lots 3 (Toyota Boshoku) and 9 (Office/Warehouse). There is vacant property in the campus to the south and north, except Lot 9. The south sites are zoned for Light Industrial and the north sites are zoned for Office and the Master Plan calls for Light Industrial uses for the campus. Further north is land designated on the Master Plan as Public Park, and is zoned Single Family Residential. To the west is Great Oaks Landscaping, zoned and master planned for Light Industrial. To the east is the former Steelcrete property, now known as Twelve West Properties, currently zoned Light Industrial and Heavy Industrial. Keystone Medical is south across Twelve Mile and is zoned OST, alongside some vacant Single Family Residential property, of which all are master planned for Office.

This rezoning request would provide uniform OST zoning on the lots located along Dylan Drive. The Twelve Mile properties would then be uniformly zoned I-1. The Applicant believes these zoning district boundaries improve his campus.

There are some pockets of wetlands on these sites. They have been mitigated already on Lot 9. There are regulated woodland strips on the site. They will remain until the lots are developed. Any removal of trees will also be mitigated.

The Planning Commission can recommend or deny these requests, or if it so chooses, can recommend other zoning districts for the City Council to consider. Staff recommends these requests. They are consistent with previous actions along Dylan Drive. It is partially consistent with the Master Plan – most uses of the OST are allowed in I-1. This request also promotes the expansion of the OST District in Novi. The Light Industrial request is consistent with the Master Plan. The request will result in similar development to what already exists in the area – Office, research, warehouse, etc.

Utilities are in place. There is no concern regarding public services associated with these requests.

Ryan Dembs, 26105 Lanny’s Road, Novi, addressed the Planning Commission. He is developing this campus and offered to answer any questions the Planning Commission may have.

No one from the audience wished to speak and no correspondence was received so Chair Cassis closed the Public Hearings on both requests.

Member Avdoulos said the Planning Commission has been working well with this Applicant on this development over the years. This is a positive change.

Moved by Member Avdoulos, seconded by Member Gutman:

Member Meyer ensured from the Applicant that these changes will not result in a radical change to the area. Chair Cassis confirmed that the actual buildings will continue to complement the others in the area as well.

Moved by Member Avdoulos, seconded by Member Gutman:

The Public Hearing was opened on the request of Amson Dembs Development, LLC, for Preliminary Site Plan, Woodland Permit, Wetland Permit, and Stormwater Management Plan approval. The subject property is located in Section 16, west of West Park Drive, south of Humboldt Drive, in the Beck West Corporate Park Development, in the I-2, General Industrial District. The subject property is approximately 5.18 acres and the building is a 48,010 square foot building.

Planner Kristen Kapelanski said that Alcan manufactures non-motorized lightweight aluminum parts and assemblies. This site plan will be housed on Lots 28 and 29 in Beck West at the end of Magellan Drive. The building will be 5% Office use, 28% Warehouse and 66% Manufacturing. There is an area noted on their plan that will be used for expansion in the future. Alcan is currently directly west of this property.

This I-2 site is bordered by Novi Oaks Driving Range and Great Oaks Landscaping. Weingartz is to the east. There is vacant land to the north. All sites are zoned I-2 and master planned for Heavy Industrial.

There are wetlands on the site, but the impacts will be less than one-quarter acre. They will require authorization to encroach the natural features setback; a full-scale Wetland Permit is not required. There are woodlands with connectivity to a larger woodland system throughout Sections 9 and 10 of the City. This is a significant wildlife habitat area. About 15% of the site’s trees will be saved. The Woodland Consultant has reluctantly recommended approval of the plan as it complies with the Ordinance. The Applicant has been asked to substantiate the need to remove any trees associated with the future expansion prior to the City approving any future plan. Dr. John Freeland was present at the meeting to answer any questions regarding the wetland and woodlands.

The Planning Review indicates the plan is substantially compliant. Ms. Kapelanski said that if the Applicant does in fact submit a plan in the future for an expansion of this building, the site would be substantially short in parking.

The Landscape Review recommends approval. The Applicant is seeking a waiver of the perimeter landscaping in the area they anticipate their expansion. Staff does not support this request, unless a submittal of the expansion proposal is received by the City.

The Façade Review indicates the building façade plan is in compliance. However, the City’s Façade Consultant does not feel that the Applicant has met the intent and purpose of the Ordinance.

The Traffic, Engineering and Fire Department reviews have all noted minor items to be addressed at the time of Final Site Plan submittal.

Ryan Dembs, 26105 Lanny’s Road, Novi, addressed the Planning Commission. He offered to answer any questions the Planning Commission may have.

No one from the audience wished to speak and no correspondence was received so Chair Cassis closed the Public Hearing.

Member Lynch asked Ms. Kapelanski to explain the woodland issues on the plan. Ms. Kapelanski responded that there are high quality woodlands on the site, and while the Applicant does meet the requirements of the Ordinance, the Consultant wishes that the Applicant would consider the high quality of the woodland.

Dr. John Freeland of ECT explained that the woodland is exceptional and mature. In the very least, Dr. Freeland has asked the Applicant to hold off cutting down the woods that are in the location proposed for the future Phase 2. Mr. Dembs said that is not possible because of the way the site is being developed. The truckwells are located in such a place that the trucks will be required to drive out in the area of these trees. The entire site is being developed now; the location for the building expansion will be "pad-ready." Alcan is already at capacity with this design; Mr. Dembs was confident that the expansion of this site was imminent. The trees will be affected by the driveway anyway. If there were a way to cut the driveway in and change the traffic flow, they would have designed the site as such; it was not possible.

Dr. Freeland clarified that an MDEQ Permit was not required for this project though a City Wetland Permit is. The three wetlands on the site are going to be filled, of which two are small and the larger wetland is located in the area of the future expansion. The total area is below one-quarter of an acre, so the Applicant will not have to mitigate.

Ms. Kapelanski explained that the information she has seen regarding the possible future expansion would require something like 57 spaces and the Applicant would like the City to consider some of the parking area at the current Alcan site, but the Ordinance requires the parking to be within 300 of the building along the pedestrian pathway. Ms. Kapelanski said this would be reviewed when the plan actually arrives. Mr. Dembs said the area is across the street and would fall within the 300 feet.

Member Lynch thought the plan looked clean and made sense.

Member Wrobel asked if there were any plans to connect the buildings. Mr. Dembs said that was the original plan but because of timing issues and the amount of work involved in moving the cul-de-sac it couldn’t happen. Alcan would have liked that. Right now Alcan has 55,000 square feet and this proposal adds 45,000 square feet. There is room for another 50,000 square feet. Perhaps this can be looked at with the third building. Member Wrobel hates to lose trees, but if the plan is compliant, he had no reason not to support the plan.

Member Avdoulos asked about the parking. Ms. Kapelanski said this building is overparked.

Member Avdoulos asked Façade Consultant Doug Necci to comment on the façade. Mr. Necci said the building meets the percentages dictated by the Ordinance. He said the Ordinance has a "glitch" in that it allows two types of concrete masonry block to be considered different materials. This nuance of the Ordinance is being used. The intent of the Ordinance is for Applicants to provide quality, interesting designs. By using these two materials, this does not occur. Mr. Necci said the current Alcan site has a nice composition and an interest to it that is outstanding. He went on to discuss some of the area’s buildings and different ways that a building can be made more interesting. He said a common element that could be used for this building is a strong emphasis on the front entrance. The large building can be enhanced by addressing the entryway.

Member Avdoulos likes the quality he finds in the City’s industrial parks. He said if this building is expanded, it should be designed better now to prepare for the additional mass later. Since the property is going to lose most of the woodlands, he hoped the Applicant would be amenable to working with the City on an enhanced building design.

Mr. Dembs said he agreed that this building, compared to his others that Mr. Necci had just shown, is not as dramatic. He typically designs a nice entranceway. In this case, there is a "low-high" situation. The other Alcan building is their headquarters. This is not the headquarters. Mr. Dembs said he would be happy to work with the consultant. Member Avdoulos suggested that Mr. Dembs provide some relief to the building – horizontal lines, geometry, punched openings, etc. Mr. Dembs said he’ll make it look right.

Member Pehrson asked about the wetland permit. Ms. Kapelanski said that the City permit is required and asked that the Planning Commission remember to make a wetland permit motion even though it wasn’t listed in the Planning Review.

Moved by Member Pehrson, seconded by Member Gutman:

Member Meyer hoped that the landscaping would add to the character of the site. He encouraged the Applicant to add a bit of character to the building and thanked him for his good work on this industrial park.

Chair Cassis also encouraged Mr. Dembs to improve the building façade. Mr. Dembs noted that Rio Tinto, an Australian firm, has purchased Alcan. Chair Cassis commended Mr. Dembs for his success.

Moved by Member Pehrson, seconded by Member Gutman:

Moved by Member Pehrson, seconded by Member Gutman:

Moved by Member Pehrson, seconded by Member Gutman:

The Public Hearing was opened on the request of Tiseo Architects for Preliminary Site Plan, and Special Land Use Permit approval. The subject property is located in Section 23, at the southern terminus of Trans-X Drive, in the I-2, General Industrial District. The subject property is 3.610 acres and the Applicant is proposing to use an existing building as a hockey training facility.

Planner Kristen Kapelanski described the project. It is adjacent to Meadowbrook Glens subdivision, zoned R-4 and master planned for Single Family Residential. The building was constructed in 2002. This hockey instructional center will occupy the entire 29,632 square-foot facility. It is zoned I-1 and is bordered by various Industrial uses. It is master planned for Heavy Industrial. The CSX railroad is also in the vicinity. There is a private park to the south.

The natural features were addressed at the time of plan submittal, prior to the building being built. This project falls under the Special Land Use category based on its proximity to Single Family Residential. The Planning Commission should consider the applicability of the Findings found in Section 2516.2.c of the Zoning Ordinance. Staff has not identified any major concerns regarding this Special Land Use request and therefore recommends approval.

The submittal of a noise analysis is required for the Special Land Use. The Applicant submitted the analysis that was furnished at the time of original Preliminary Site Plan approval, and was based on the building’s use by a large trucking facility; this is a skating rink. The noise emanating from this site is within the limits found to be acceptable pursuant to the Zoning Ordinance. All activities will be contained within the building. The Ordinance does not call out this use in the parking standards – the closest category is "health club." There are specific workout areas associated with this tenant’s business. The building load is 173, which requires 32 "health club" parking spaces. The Planning Commission is asked to make a Finding under 2505.10 that this is adequate parking.

The Fire Department Review indicated that the Applicant should install a fire sprinkler system and disclose any potential chemical storage. The Applicant has submitted a Hazardous Chemical Survey and has agreed to comply with the Fire Marshal’s request.

Bennett Tiseo, 9815 Farmington Road, Livonia, addressed the Planning Commission on behalf of the Applicant. This is an existing building. He said their noise analysis was based on two diesel trucks idling in the truckwell, and that noise did not exceed the requirements. This proposed use will have cars in the parking lot and perhaps some delivery trucks like UPS, but overall this is a quieter use.

Mr. Tiseo said this is a training-only facility and is not a full-sized hockey rink. The Applicant plans to remove the three overhead doors that are not necessary. They will be replaced with identical brick. The ice equipment will be located on the railroad side of the property, away from the residential. Some ice equipment will be located inside the vacated truckwell. The site is a bit different than the original study – there is a significant berm on the east side and then 180 feet of woodland. The closest parking space to residential is about 200 feet. Further, the majority of parking will be on the west side of the building. Only nine spaces will be near the residential. He did not believe that noise or traffic volume would be an issue. Mr. Tiseo said that there will not be 173 people (occupancy max) at this site due to the training nature of the site. At most, 100 would be present at any one time. The 47 spaces are more than adequate to address the parking needs. The hours of operation will be between 4 PM and 10 PM weekdays, and 7 AM to 10 PM on weekends.

Ken Field, owner of the business, explained that the arena is 100’ x 50’ in size. A traditional rink is 200’ x 85’. This rink will not accommodate games. He has a relationship with all of the local rinks. They also will have an area of off-ice skill development – stick handling, passing, etc. They will have a strength conditioning center – sports-specific training and enhancement. They anticipate training one-on-one or in small groups of about four. Their largest group will be sixteen.

There are twelve cameras located at ice level, and four cameras looking down on the ice. The images will be shown on a large movie screen at one end of the rink. An athlete can get live feedback with this system. There are quick-latch brackets 2.5 feet apart to accommodate acceleration training. Bungee cords will be used on the players. The concept of this type of training is to focus on progressive techniques.

Chair Cassis asked if this was competition for the Novi Ice Arena. Mr. Field said that he was not a competitor of the City’s ice rink; he looked forward to the relationship he will have with the Arena. For ten years he has traveled the Midwest, Texas and Florida, renting ice facilities for training camps. Now he will work with the area rinks.

Chair Cassis opened the floor for comment:

• Julie Pierpont, adjacent property owner to the building: Concerned about the noise, and thought the hours of operation were the same as when she and her neighbors would like to enjoy their back yards. She wondered if a fence could be erected to keep the customers from coming into her back yard. She did not think an ice rink was in the spirit of an Industrial District.
• Fred Pierpont, adjacent property owner to the building: Concerned about the noise level, especially because he works a different shift than most. He said parents will be late to pick up their children. Horns will blow. He would rather hear a train or diesel truck. He was also worried about chemicals. A chlorine spill would be bad for his whole subdivision and he didn’t think the owner would be able to evacuate his building quickly enough. He said that prevailing winds would bring a chemical spill right into his home.

Member Pehrson read the correspondence into the record:

• Bruce McLeod, 42503 Park Ridge: Not for or against proposal; he wanted to ensure that there would be control of the noise.
• Don Dales, 25000 Trans-X Drive: Approved of the plan because it will be a nice addition to the community.
• Debi and Brian Bayley, 42487 Park Ridge: Objected to the plan for reasons of noise, the failure of the use to comply with the anticipated industrial uses and decrease in property values.
• Ronald and Ellen Witechowsky, 42527 Park Ridge: Objected to proximity reasons, traffic and noise.
• Julie and Fred Pierpont, 42463 Park Ridge: Object for reasons stated at the podium.

Chair Cassis closed the Public Hearing.

Member Lynch asked Ms. Kapelanski to name some of the uses allowed in this zoning district. He listened to the list of allowed uses to weigh the advantages or disadvantages of a skating rink in this district. He agreed that the kids should be controlled. He asked how the owner would keep the kids from the neighbors’ back yards. He wasn’t concerned about the noise, and he felt this use was the lesser of a number of evils. Mr. Field responded that he was raised by a Marine, he has been a coach for over ten years, and consequently, he demands respect from his students. This will be a first class facility. He understood the neighbors’ concerns and he said he would respect their rights. His business will be indoors. He would not kick the children outside after their practice. He will take corrective measures with children who run around outdoors.

Member Lynch suggested that Mr. Field get in contact with the Homeowners’ Association and provide a hotline number for them to call if there becomes a problem with any of the students.

Member Lynch asked whether there was any reason to be concerned about the chemicals. Mr. Tiseo explained that the Fire Department has approved the list of chemicals that would be onsite.

Member Wrobel asked about the site’s ownership. Mr. Field said he has a ten-year lease but he is looking to buy the building.

Member Wrobel felt an occupied building was a better neighbor than a vacant building that invites trouble. He could support the request.

Member Meyer thought this was a good use and would be an asset to the community. Based on the information he heard from the owner, he believes that the children will be well-behaved in the lobby while they wait for their rides. He does not think the site will ever reach the occupancy maximum. Member Meyer told the Applicant to make sure he has his Fire Department approvals.

Member Meyer believed it was a good use of the building. He encouraged him to be cognizant of the neighbors. The two discussed the hours of operation, and Mr. Field said that realistically he could not close earlier than 10 PM. The busiest time will be from 4 PM to 7 PM.

Member Avdoulos thought this was an asset to the community and surrounds. This activity promotes health. Member Avdoulos noted that health has become a big tag word in Novi – Henry Ford Health Care has just announced their relocation to Twelve Mile and Haggerty Road. Trinity Health is next door. Providence is building a hospital. The City is constantly adding to their unique opportunities.

Member Avdoulos noted that when the building received Planning Commission approval years ago, there were several staunch advocates for residential rights sitting on the board – Members Mutch and Nagy he listed by name. Many of the concerns from Meadowbrook Glens were addressed at that time.

Member Avdoulos noted that the building could actually house an operation that has various shifts. Ultimately, the neighbors could be ending up with a more trafficky use with greater fumes and noise issues.

Member Avdoulos said that neighbors always complain about "noisy kids" when a place of congregation is proposed near their homes. He has never seen a child walk out of a building and begin screaming his head off just to do it. Hockey is a sport that requires parents to be timely with their children’s attendance – ice time is specific. This operation will be similar. He said there were valid concerns, but these neighbors, like those near St. James Church, may find that they are pleased with this new neighbor.

The fire system has not been installed since this vacant building has no heat. The system will be installed before the Applicant takes occupancy. Mr. Field said there will be an insulating blanket between the ice and the slab so the ice’s cold will not transmit through the floor.

Member Avdoulos said the clientele and situation at the Novi Ice Arena is similar to this, and he did not see a loitering problem there.

Member Avdoulos confirmed the CMU was exposed on the inside of the building. The block is a 12" CMU. The blocks are insulated with vermiculite. Member Avdoulos noted that concrete block helps with low frequency noise. Mr. Tiseo explained how the building would be heated and cooled. The walls will be insulated all the way where the ice rink will be. Member Avdoulos encouraged the neighbors to look at the site plan provided by the Applicant.

Member Avdoulos noted that the zoning for this site is Light Industrial while the Master Plan calls for General Industrial. He hoped that the area developed more Light than General.

Mr. Tiseo said that the children are also taught respect and he maintained that these children will not hoop and holler on their way out the door. Member Avdoulos agreed that discipline is a strong element of hockey training.

Member Pehrson confirmed that there are 47 parking spaces. Member Pehrson said he could agree with the Finding that the parking is adequate. Member Pehrson thought the issues had all been addressed.

Member Pehrson said the chemicals that will be used will be ethylene glycol – the same as used in homes to pass radiant heat through floors and in radiators. It is not chlorine – which would not pass muster with the Fire Chief, Member Pehrson believed, due to the proximity to the homes. Member Pehrson said there will be gas for the ice surfacing machine. He did not see anything listed on the survey to concern him.

Member Pehrson felt this use was acceptable for the Special Land Use Permit.

Moved by Member Pehrson, seconded by Member Wrobel:

Chair Cassis confirmed that the distance from the truckwell to the property line is 200 feet. The Pierpont home is at least 35 feet away from the property line. Chair Cassis encouraged the use of Arbor Vitae to shield the building from the residents. Mr. Tiseo said that the buffer was overlandscaped years ago when the building was built. Chair Cassis said he did not think placing a wall between this site and the neighborhood was a good idea. He again recommended dense landscape like Arbor Vitae. Chair Cassis learned more about the existing vegetation from Mr. Pierpont. It was determined that there are some pine trees and woodland elements. Mr. Pierpont described the land as a wooded wetland.

Mr. Tiseo added that there is a very tall berm. The neighbors can see the building but they will not be able to see the cars. The berm is very densely landscaped. He maintained that there is significant growth. He said that adding to the landscape could damage the area. Mr. Tiseo was not willing to agree to plant more material.

Ms. Kapelanski asked the Planning Commission to look at their colored handout on which the trees could be seen. Chair Cassis called for the vote.

Moved by Member Pehrson, seconded by Member Wrobel:

Consideration of the request of Hobbs and Black for a recommendation to City Council for Preliminary Site Plan approval and approval of a Section Nine Façade Waiver. The subject property is located in Section 15, south of Twelve Mile, east of Donelson Drive, in the Twelve Mile Crossing at Fountain Walk development. The subject property is located in the RC, Regional Center District, and the Applicant is proposing a 10,480 square-foot addition and façade change.

Planner Mark Spencer described the project. The project is in the eastern portion of the existing Twelve Mile Crossing at Fountain Walk development, which is bounded by Donelson Drive, Cabaret Drive, Twelve Mile and Fountain Walk Drive.

To the north are Liberty Park, Manchester Professional Centre and Stoneridge Office Park. To the east are West Oaks I & II and Doubletree Hotel. To the south are the ITC transmission lines and further south is the I-96 MDOT right-of-way. To the west are vacant land approved for a Hilton Garden Inn, Telcom Credit Union and a Residence Inn.

The Zoning Map and Master Plan for Land Use designate this property for Regional Commercial. The properties to the north are master planned for Multiple family Residential and Office. The zoning is R-A and OS-1. The easterly Master Plan designations are Regional Commercial and Planned Development Option 2. The south is zoned RC and C (Conference) and master planned for Regional Commercial and the I-96 ROW. The west is zoned OST and master planned for Office. This is an existing developed site and there are no regulated woodlands, wetlands or natural features on the site.

As part of an overall remodeling plan for the development, the City Council approved the Twelve Mile Crossing at Fountain Walk Phases 1, 2 and 3. Phase 3 included a new entrance off of Donelson Drive and parking lot modifications.

The Applicant is requesting approval of a combined Preliminary and Final Site Plan for an addition to Building E of the Twelve Mile Crossing at Fountain Walk development. The entire development is a 679,000 square foot retail center located on 67.2 acres and on the south side of Twelve Mile between Donelson Drive and Cabaret Drive. The addition proposed is 10,480 square feet and will accommodate the space requirements of a new tenant, Gold’s Gym. The plan proposes new dumpster enclosures and loading areas. The building addition will enclose the existing dumpster enclosure/unloading areas located on the east side of the building. This addition will increase the ground floor area by 3,250 square feet. A 7,230 square-foot second floor mezzanine is also proposed to be built within the existing building. The developer also proposes to make some façade changes and a small amount of landscaping will also be removed.

In the RC District the Planning Commission reviews and makes a recommendation for Preliminary Site Plan Approval and the City Council makes has the authority to grant approval. As usual, the Final Site Plan Approval may be granted administratively.

The Site Plan demonstrates general compliance with the standards of Section 2400, the Schedule of Regulations, regarding building and parking setbacks. Typically, loading areas are only permitted in rear yards or near the rear of the building. The buildings in this development include internal fronts. Building E has 315 feet of frontage on the site’s internal access road, therefore 3,150 square feet of loading area is required. The Applicant proposes removing the existing unloading area and replacing it with three unloading areas totaling 2,814 square feet which is 786 square feet short of the required amount. 1,008 square feet is located where parking spaces are located along the internal road just west of the building. This is not permitted since the Ordinance requires loading areas to be exclusive of parking spaces. The southeast loading area is 882 square feet and 42 feet deep. This space is only large enough to accommodate small box vans. Area 3 is 924 square feet in area, 22 feet wide and 42 feet deep. It is located in an area approved for access to the existing dumpster enclosure, loading area and 20’ x 22’ of proposed sidewalk. This area is also only large enough to accommodate small box vans. The proposed loading areas restrict pedestrian movement across this portion of the sidewalk. The Applicant has proposed revised unloading areas in their response letter. Staff encourages a design with an acceptable loading area.

The Site plan proposes two dumpster enclosures; both are located along the east side of the building in areas that were approved for sidewalks on the Phase 3 Site Plan. The walkway in front of the enclosures was reduced to five feet and six feet. When the doors to the enclosures are opened they will block the pedestrian flow along the sidewalk, and Staff requests a redesign. The Applicant’s response letter indicates they will redesign these to provide adequate access.

Typically, dumpster enclosures are located in a rear or side yard. Since the northern enclosure will be highly visible from the new entrance drive the Staff recommends moving the northeast enclosure to a less visible location. The enclosures proposed also do not match the building façade on the plan submitted but in the Applicant’s response letter they propose to match the brick used on the building and provide metal gates.

The site layout approved for the Phase 3 remodel of Twelve Mile Crossing at Fountain Walk included maintaining a twelve- to thirty-foot wide sidewalk adjacent to the east side of the proposed Gold’s Gym building. This sidewalk provides access to a pedestrian rest area and to the new street along the west side of the proposed Gold’s Gym. Currently this sidewalk area is also posted as a "No Parking Fire Lane" area. The Fire Marshall does not recommend approval due to the restriction of access along the east side of the building. The proposed location of the dumpster enclosures and the north loading zone reduces the service width of the sidewalk and create conflicts with the northeast loading area. The Planning Staff recommends moving the enclosures and loading areas to a location that would reduce pedestrian and loading zone conflicts. The Applicant proposes to increase the sidewalk in front of the southeast enclosure and pull back the loading area in front of the northeast enclosure. The City’s Traffic Engineer has also asked that the plan be redesigned to permit unobstructed pedestrian access.

Only the east and north façades are required to meet the façade ordinance requirements since the other facades are internal to the site. The Applicant is proposing the use of 2.4% split face block which is not permitted in the district, but the City’s Façade Consultant recommends approval of a Section 9 Waiver to permit this small use.

The City’s Engineer recommends approval of the plan.

The Planning Staff recommends approval of the combined Preliminary and Final Site Plan subject to the Applicant providing the required loading area. The Applicant should redesign the dumpster enclosure to provide better screening and reduce the obstruction of pedestrian flow. The Applicant should redesign the loading areas to remove them from parking spaces and to better screen them from view of neighboring properties and road right-of-ways and to permit unobstructed pedestrian flow. The Planning Commission must grant a Section 9 Waiver. Several minor items will also need correcting on the Final Site Plan. Mr. Spencer displayed the façade board to the Planning Commission.

Brian Bagneck, Hobbs and Black Architects, 100 North State Street, Ann Arbor, addressed the Planning Commission on behalf of the Applicant. He stated that the split face block on the building is existing. The building was set up such that the main services would be internal, toward the center. The truck wells are deep inside the building. The intent was to have smaller shops ring around the building. This never panned out. This tenant plans on taking the entire building with the exception of two corners.

The north side and the main street along the west side have been upgraded to increase traffic. There will probably still be pedestrian activity near the truck dock, but the landlord is not trying to encourage it. The building opposite Building E has never been leased. That area may become the management office. There is limited parking in the area. Mr. Bagneck located the areas on a site plan where most people park and where most of the traffic is located.

Mr. Bagneck explained that the narrow fire access was discussed with Fire Marshal Mike Evans. Mr. Bagneck felt that fire access is better through a different route where there is sixty feet between the two buildings. The other location has 34 feet and a planter is in the way. He was going to continue to work with Mr. Evans on the design – the dynamics of the narrow access would accommodate an emergency vehicle but not a fire truck.

Mr. Bagneck had a list of solutions for the trash problem. The Great Indoors is an anchor with a lot of clout, so Gold’s Gym didn’t think that their dumpster placement against The Great Indoor’s building would be an option. Mr. Bagneck is going to work with some angling and plants to improve the dumpster and its screening. Mr. Bagneck said that there would be a juice bar inside the Gold’s Gym. A Beaner’s restaurant may also be considered. Chair Cassis noted that these uses would intensify the garbage problem.

Mr. Bagneck said Gold’s Gym is doing very well. At this location they will have a lap pool, a cardio area, weights, etc. It will be less like a Powerhouse and more like a Life Fitness.

Member Avdoulos thought Mr. Spencer provided a good solution for the east area where the loading area is proposed. He also agreed that The Great Indoors is a big draw and less commotion near their facility would be a better design.

Member Avdoulos confirmed with Mr. Bagneck that the one of the proposed glass choices for the windows would be fritted glass, which reduces sunlight coming to the building, but will look clear from ten feet away. Mr. Bagneck noted that this type of glass was used on the recent Detroit Metro Airport expansion.

Member Avdoulos thought this was a nice addition to the complex. It will draw people in and will be a positive feature.

Member Avdoulos confirmed with Mr. Spencer that the parking was adequate. Mr. Spencer responded that the shopping center has been asked to keep an ongoing running parking space count table with each phase, just so that this number remains acceptable with each change to the center that comes forward.

Member Gutman thanked the Applicant for working so well with the City. Hobbs and Black is a great firm with a great reputation. Member Gutman asked how many of the stipulations in the sample motion were still pertinent. Mr. Spencer responded that the ZBA Variance was not necessary; the rest still apply. The Applicant has agreed to move the parking spaces out of the loading zone, so that stipulation could be removed. Mr. Spencer explained that any time there is a change to the façade, the entire façade comes under review; therefore, the existing CMU material still needs to be given a Section 9 Waiver.

Moved by Member Gutman, seconded by Member Pehrson:

Chair Cassis confirmed that the Applicant is en route to reaching a design that is acceptable to the Fire Marshal. Chair Cassis called for the vote.

The Planning Commission member discussed the various Committees and each member’s interest in joining. The dormant committees were again staffed, in case any of them become active in the future. The Committee Matrix will be reviewed when the vacant position is filled. The Environmental Committee will become active again, reviewing the environmental maps update once they are complete.

Moved by Member Gutman, seconded by Member Meyer:

Moved by Member Gutman, seconded by Member Pehrson:

There were no Consent Agenda removals.

There were no Matters for Discussion.

Member Avdoulos thought that Mr. Necci’s comments were thoughtful and informative. Member Avdoulos thanked Mr. Spencer for his hard work on Gold’s Gym. He said that Mr. Spencer was very thorough.

Chair Cassis also commented that he appreciated Mr. Necci’s comments.

Deputy Director of Community Development Barbara McBeth said that Mr. Necci has pointed out some loopholes in the Façade Ordinance that could perhaps be reviewed in the future.

The Planning Commission briefly discussed the Planning and Zoning News and the work that the City’s legal counsel has been involved with recently. City Attorney Kristen Kolb said that a big case that Jerry Fisher and Tom Schultz have been a part of is a case regarding the Religious Land Use and Institutionalized Persons Act (RLUIPA). A Jackson church wanted to construct apartments in a Single Family Residential-zoned area. The Court of Appeals turned over the decision and allowed the church this right. Secrest Wardle was hired by Jackson to take the court to the Michigan Supreme Court. The decision was reversed; the Michigan Supreme Court ruled that the church did not meet the threshold under RLUIPA – that the use was a fundamental furtherance of the church’s mission. This is a great victory for all Michigan communities. The church is seeking to go before the Michigan Supreme Court for a rehearing, and comment has been made that they will also take their case all the way to the United States Supreme Court to seek relief. RLUIPA is a federal statute, therefore many of these cases are filed in federal court. The federal court may cite the Michigan case as persuasive authority but they are not, in any way, bound by the Michigan decision. If the Federal Supreme Court affirms the Michigan Supreme Court’s ruling, then the decision would be binding on the whole country. In Michigan, legal decisions typically favor property owners. Michigan is a Property Rights state. A municipal victory in this case was nice.

No one from the audience wished to speak.

Moved by Member Pehrson:

The meeting adjourned at or about 10:08 PM.

TUE 08/07/07 MASTER PLAN AND ZONING COMMITTEE MEETING 7:00 PM

TUE 08/07/07 ZONING BOARD OF APPEALS 7:30 PM

WED 08/08/07 PLANNING COMMISSION MEETING 7:00 PM

MON 08/13/07 CITY COUNCIL MEETING 7:00 PM

TUE 08/21/07 MASTER PLAN AND ZONING COMMITTEE MEETING 7:00 PM

WED 08/22/07 PLANNING COMMISSION MEETING 7:00 PM

MON 08/27/07 CITY COUNCIL MEETING 7:00 PM

MON 09/03/07 CITY OFFICES CLOSED

TUE 09/04/07 MASTER PLAN AND ZONING COMMITTEE MEETING 7:00 PM

WED 09/05/07 PLANNING COMMISSION MEETING 7:00 PM

MON 09/10/07 CITY COUNCIL MEETING 7:00 PM

TUE 09/11/07 ZONING BOARD OF APPEALS 7:30 PM

Transcribed by: Jane L. Schimpf, August 7, 2007 Signature on File

Date Approved: August 22, 2007 Angela Pawlowski, Planning Assistant Date