(248) 347-0475

Meeting called to order at 7:36 p.m. by Chairperson Weddington.

PRESENT: Members, Canup, Capello, Churella, Csordas, Koneda, Mutch, Piccinini, Chairperson Weddington

ABSENT: Member Watza

ALSO PRESENT: Planning/Traffic Consultant Rod Arroyo, Engineering Consultant David Bluhm, Assistant City Attorney Paul Weisberger, Landscape Architect Linda Lemke, David Wickens Environmental Specialist, Director of Planning & Community Development Jim Wahl, and Planning Assistant Kelly Schuler

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

Chairperson Weddington asked if there were any additions to the Agenda?

Member Mutch added Wetland Mitigation under Matters for Discussion.

She asked if there were any other additions? Seeing none she entertained a motion to approve the Agenda as amended.

PM-98-10-184 TO APPROVE THE AGENDA AS AMENDED

Moved by Mutch, seconded by Csordas, CARRIED UNANIMOUSLY: To approve the Agenda as amended.

Yes: Canup, Capello, Churella, Csordas, Koneda, Mutch, Piccinini, Weddington

No: None

AUDIENCE PARTICIPATION

None

CORRESPONDENCE

Robert M. Bondy represented Sussex Development Associates regarding Hummingbird Estates. It has come to the attention of the developer that there is currently a proposed development directly to the south of Hummingbird Estates currently referred to as proposed Wilshire Abbey Subdivision. The client has reviewed the proposal submitted by the developer and he asked the Commission to consider this correspondence as a formal objection to the same. At this juncture, the client is not prepared to sell the outlot A in order to provide any access to the developer. The client was hopeful that the Planning Commission would discourage the proposed development in its present form and ask the developer to seek an alternative means for its secondary access point to its proposed subdivision.

Marvin Andris wrote regarding the Husky Injection Molding Systems and the architectural pre-cast concrete work. On behalf of Michigan Pre-Cast Concrete Company, the proposed pre-caster for the project we confirm the following: We are proposing to provide custom pre-cast, pre-stressed concrete insulated wall panels utilizing a special face mix consisting of exposed granite type aggregate and pigment colored concrete matrix. The above referenced aggregate can be exposed by either the retarder process and/or sandblasting. Either finish would result in the same square foot price. It is our opinion that the sandblasted panel is aesthetically more appealing and over a long period of time, would provide a cleaner surface as the smooth surface would not have as much tendency to entrap dirt.

Mr. and Mrs. Orville Ritterling were being bombarded with complaints from Novi and Northville residents concerning the proposed little shopping center at Eight Mile Road and Beck Road. For a long time they were hoping another Kroger store would locate in their end of Novi. They asked the Commission to give the grocery stores an even break.

Richard Canzano of 7-Eleven Food Stores wrote in regard to the Peach Tree rezoning to inform the Commission of 7-Eleven’s opposition to the possible rezoning of Peach Tree Shopping Center.

Evelyn and Melvin Stern wrote in regard to the rezoning at Meadowbrook Road and Ten Mile Road. They were strongly opposed to the proposal stating that the area is very congested. The Commission allowed a strip mall to be built across the street without requiring the applicant to put in an extra lane. There is constant congestion in the area.

Mr. and Mrs. Joe Shada, 4517 West 10 Mile Road, stated the sewer project has begun on their street. They feel it is now time for the zoning to change to OST as they feelit would be in the best interest for them as homeowners and for the City on a development standpoint.

Terry Croad wrote on behalf of the Orchard Hills Subdivision Association. He stated the requested B-3 District rezoning of the existing B-1 is not consistent with the Master Plan which designates the subject site for Neighborhood Commercial type uses. The current permitted uses in the B-1 District seem to provide the owner with potential for uses with a reasonable return. Permitted uses subject to special conditions in the requested B-3 District include but are not limited to: outdoor space for exclusive sale of new or used automobiles, recreational vehicles, and similar vehicles, motels; drive-in and open front businesses, veterinary hospitals or clinics and plant material nursery for retail sale. The capacity of Meadowbrook Road to handle additional traffic generated by the permitted uses may create additional traffic hazards. Based on these considerations, he recommended that the Planning Commission recommend denial to the City Council of rezoning the existing B-1 to B-3.

CONSENT AGENDA

1. APPROVAL OF THE MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF SEPTEMBER 02, 1998.

Chairperson Weddington asked if there were any corrections or additions to the minutes? Seeing none she entertained a motion to approve.

PM-98-10-185 TO APPROVE THE MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF SEPTEMBER 02, 1998 AND SEPTEMBER 16, 1998 AS PRESENTED

Moved by Mutch, seconded by Csordas, CARRIED UNANIMOUSLY: To approve the minutes of the Regular Planning Commission Meeting of September 02, 1998 and September 16, 1998 as presented.

VOTE ON PM-98-10-185 CARRIED UNANIMOUSLY

Yes: Canup, Capello, Churella, Csordas, Koneda, Mutch, Piccinini, Weddington

No: None

COMMUNICATION

Rod Arroyo announced that Bill Stimpson recently joined Birchler Arroyo Associates as a Traffic Engineer who is registered in Michigan. Mr. Arroyo stated Mr. Stimpson would be providing a wide variety of services and would be assisting in Novi.

PUBLIC HEARINGS

1. ZONING MAP AMENDMENT 18.578

Proposed rezoning of 2.0 acre property located in Section 23, at the southwest corner of Ten Mile Road and Meadowbrook Road from Local Business (B-1) to General Business (B-3) or any other appropriate zoning district.

Terry Jolly represented Kerop and Carmen Arman. He stated the letter from the Homeowners Association surprised him because there was a meeting held in July 1998 where the tenants all attended and pleaded to create an increase of traffic to the stores. He stated there was not one concern from the Orchard Hills Subdivision at that time. He stated there were two B-2 uses in that shopping center, Ah Wok Restaurant and Jacks Meat Market.

Mr. Jolly stated he was looking for the ability to allow restaurants to come into the shopping center to draw traffic to benefit the current tenants. He asked that the zoning be changed from B-3 to B-2.

Rod Arroyo, Planning and Traffic Consultant stated the intensity of the uses allowed in a B-3 District sharply contrast with those permitted within a B-1 District. He stated there was concern about large scale restaurant and the potential for the storage of refuse in the alley behind the shopping center which directly abuts residential. Mr. Arroyo provided some alternatives for rezoning; 1) rezone the parcel consistent with the request of the applicant; 2) rezone to B-2; 3) deny the request; 4) deny the request and refer the B-1 District to the Implementation Committee for further study to see if there are additional uses that might be permitted that would be consistent with the intent of the B-1 District to allow more flexibility. Mr. Arroyo recommended that a negative recommendation be sent to City Council.

Mr. Arroyo stated he would not recommend B-2 District because it includes uses such as a private club, a lodge hall, a fraternal organization hall, as well as restaurants. He explained that these establishments have longer evening hours which could have more of a negative impact on an adjacent residential area. Hotels and Motels are permitted as a principal permitted use.

Chairperson Weddington announced it was a Public Hearing and opened the Matter to the Public.

Jonathan Brateman, 42705 Grand River is the leasing agent for the shopping center. He stated the projects’ difficulties deal with visibility and the fact that it is an unanchored strip shopping center. The zoning complicates the project because certain uses create a problem. He stated the rent was about 30% less than any other comparable shopping center in the area, therefore, it is not a question of dollars and cents. Mr. Brateman stated if the Commission votes "no", they are committing the shopping center to what the last 12 years have been. A "yes" vote would allow them to work with the B-3 District to be able to bring uses that will create enough traffic so that the existing stores will survive and the center will reach its economic potential. Mr. Brateman asked the Commission to vote "yes".

John Sherwood, 23980 Meadowbrook lives adjacent to the shopping center. He stated the whole idea behind business is the location. He stated the gentlemen built the shopping center knowing exactly where it was located, therefore it is their investment. He stated with the garbage, odors and traffic, he did not believe the rezoning should be allowed and that it should remain as it is. Mr. Sherwood asked the Commission to vote "no".

Jim Kripchek owns Special Seconds. He stated he has been located there for 11 years and half of the time the mall has been half vacant. He thought the opportunity to bring some more business into the mall would be good for him as well as everyone else. He owns 6 stores and this location is the nicest shopping center, he stated it is well maintained.

Chairperson Weddington asked if anyone else would like to address the Public Hearing? Seeing no one she closed the Public Hearing and turned the Matter over to the Commission for Discussion.

DISCUSSION

Member Churella stated Mr. Arman is a client of the firm of which he is the Chairperson. He stated Mr. Arman is represented by one of the Agent’s who work for the company.

Chairperson Weddington asked Member Churella if he has any financial gain from the business?

Member Churella answered, no.

Paul Weisberger, Assistant City Attorney asked if any of Member Churella’s immediate family members receive financial gain from the business?

Member Churella answered they receive a fee for representing them as an Insurance Agent.

Mr. Weisberger interpreted that as a financial interest and thought it would be best for him to abstain from voting.

Member Canup stated the project has been in the City for quite a while and has been a problem since the day it was built. Although he sympathized with the problem, he could not see where he would vote for any relief for it because of the fact that when the project was built, the owners were advised of the problems that they were creating for themselves.

Member Capello stated the last time the project was before the Commission, he suggested that maybe more destination businesses were needed. He was not sure that restaurants would solve the problem. Member Capello stated he would support B-2 in the Novi Drug location because being right off of Novi Road might help visibility. He was sympathetic both ways, he thought it was a hardship created by the applicants themselves, however, he did not think it was good for anybody to have the center sit vacant. He was not sure how he would vote at this point.

Member Canup stated the restaurant businesses were exactly what the applicant promised they would not ask for 15 years ago.

Member Koneda added that he was also sympathetic with the applicant, however, he did not think it was appropriate to change the zoning to B-2 or B-3. He thought the Commission needed to consider some special land usages that would permit some additional usages as part of the B-1 District. He thought it appropriate to deny the request and return it to the Implementation Committee to consider special usages for B-1 District that may offer some relief.

PM-98-10-186 TO SEND A NEGATIVE RECOMMENDATION TO CITY COUNCIL ON ZONING MAP AMENDMENT 18.578

Moved by Csordas, seconded by Koneda, CARRIED UNANIMOUSLY: To send a negative recommendation to City Council on Zoning Map Amendment 18.578.

DISCUSSION

Member Capello thought special uses allowed in a B-1 was a good idea. Uses such as a coffee shop, ice cream parlor or other food establishments that do not have the odors or sit down traffic like a restaurant.

Member Canup stated this is the reason for the Zoning Board of Appeals, to deal with these kinds of issues.

Member Koneda stated the burden of going to the ZBA fell upon the potential renter and the potential renter would have difficulty demonstrating a hardship since other properties were available in the City. Therefore, he thought that going to the ZBA was not an option.

VOTE ON PM-98-10-186 CARRIED UNANIMOUSLY

Yes: Canup, Capello, Csordas, Koneda, Mutch, Piccinini, Weddington

No: None

PM-98-10-187 TO REFER THE MATTER TO THE IMPLEMENTATION COMMITTEE TO DETERMINE IF OTHER APPROPRIATE USAGES COULD BE INCLUDED IN THE B-1 DISTRICT

Moved by Koneda, seconded by Capello, CARRIED (6-1): To send the issue of Special Land Uses for some limited restaurant or food carry-out matters in B-1 to the Implementation Committee.

Member Canup asked if special provisions could be made for a particular piece of B-1 property or would it affect all B-1 property?

Chairperson Weddington answered, it would be general for all B-1 properties.

Yes: Capello, Csordas, Koneda, Mutch, Piccinini, Weddington

No: Canup

Mr. Brateman stated as the Chairman of the Legislative Affairs Committee for the Novi Chamber of Commerce and as someone who has worked with the Implementation Committee and is very familiar with retail leasing in the area, he stated he would be very happy if the Implementation Committee would ask him to sit in on any of the discussions.

Chairperson Weddington stated he would be notified and thanked him for the offer.

2. WILSHIRE ABBEY SP97-48

This project is located in Section 29 at the west side of Beck Road, between Nine Mile Road and Ten Mile Roads. The property is zoned One-Family Residential District (R-1). Applicant is seeking Tentative Preliminary Plat approval and Woodlands and Wetlands Permit approvals.

Member Capello stated he represents the subdivision directly to the north of the project and has had conversations with the developer and has a conflict, therefore, he stated he would be unable to participate or vote on the Matter.

Will Hosler, Attorney for the developer Bill Lokey. He spoke in regard to the secondary access. He stated Council requested that the potential connection between the proposed subdivision and the neighbors to the north be created with the hope that the neighbors could be convinced to sell the outlot, thereby connecting the proposed subdivision with theirs which would permit the emergency secondary access. He stated the outlot has never been dedicated to the public, it is a private piece of property owned by the developer. At the request of Council, he approached the neighbors and submitted a proposal and it was quite clear that nobody wanted the connection. The residents stated they purchased the property with the understanding that the lot to the west and the lot to the east of Outlot A would forever be a cul-de-sac with no connection to any other development. The developer did not want to sell it either.

Mr. Hosler pointed out that the Commission should consider the connection eliminated and the site plan would only include the cul-de-sac. He explained that efforts were made and were unsuccessful in creating the emergency connection. Mr. Hosler pointed out two other points of connection, one at Cheltenham Drive and one at Sarnia. He stated he has met all of the criteria for the traffic provisions of the Ordinance. With the request that the Commission disregard the connection, he thought he had a plan that was workable. He requested a positive recommendation to City Council for the plan.

Rod Arroyo, Planning and Traffic Consultant stated he finds that the proposal meets requirements for a Tentative Preliminary Plat and recommended approval.

In regard to the traffic review, Mr. Arroyo stated there was one waiver that would have to be requested from City Council. That being a waiver from a provision in the Subdivision Ordinance. The Ordinance specifies that streets shall extend to the boundary of the subdivision to provide access to adjoining property at intervals along the property boundary not to exceed 1,300' unless one of the following conditions is found to exist; 1) the extension is impractical because of topography or natural features; 2) or extension will result in creation of undesirable traffic patterns. By providing a stub connection to the north, the applicant would have met that requirement, but by not providing any connection, the requirement is not met, therefore, it will have to be an action of City Council to grant a waiver to that provision. The secondary access and cul-de-sac issues are met by the proposal if the secondary access to Cheltenham Estates remains in place. It was his understanding that there is a secondary access to Beck Road for that project and the condition of the approval was that the secondary access remain in place until there is a connection from this subdivision to the subdivision to the north. He stated other comments related to traffic are minor. Mr. Arroyo recommended approval of the Tentative Preliminary Plat based upon the submittal that was provided, based upon the applicants verbal amendment and he added that any action would need to be conditioned upon the waiver of the Subdivision Ordinance provision.

David Bluhm, Engineering Consultant stated two significant concerns were; 1) the secondary access; 2) a bulb that was proposed at the entrance off of Cheltenham into the development. Mr. Bluhm felt the plan demonstrated engineering feasibility and recommended approval.

Linda Lemke, Landscape Architect continued to recommend approval for a Woodlands Permit. She stated since the width has been reduced for the connecting road, she asked that the applicant look into saving additional trees adjacent to that area. She had a number of outstanding items that would be reviewed with the Final Engineering plans and recommended approval with four conditions as outlined in her August 28, 1998 letter. In regard to the conceptual landscape plan for Tentative Preliminary Plat, she continued to recommend approval.

David Wickens, Environmental Specialist recommended approval of the plan. There are two wetland impacts proposed, one is a 150 linear foot asphalt bike path adjacent to Beck Road and the other is a detention ditch which will be built to the edge of the wetland and discharged to the wetland. He asked that the ditch be pulled away from the edge of the wetland, secure a letter of DEQ Permit or no jurisdiction prior to Final Plan approval, provide some wetland restoration plantings where the bikepath is proposed and place all wetland areas not impacted by construction into a conservation easement.

Chairperson Weddington announced she has received a letter from Michael W. Evans, Fire Marshal for the City of Novi Fire Department which states that the above plan has been reviewed and approval is not recommended due to the following deficiencies; 1) the applicant shall provide additional details regarding the emergency access route; 2) the street names have not been approved by the Street Naming Committee, as per Section 31-51 of the Code of Ordinances, a proposed subdivision shall not receive Preliminary Plat approval until the names of the streets have been approved by the Street Naming Committee.

Chairperson Weddington asked if these issues have been addressed?

Mr. Hosler answered, the street names have not been addressed at this time, the pavers would be a mute point if the emergency access is not included in the approval.

Chairperson Weddington announced it was a Public Hearing and opened the Matter to the Public.

Wallace Smith, 23189 Inverness Court, President of the Homeowners Association of Edinborough (aka Hummingbird Estates). He stated he was pleasantly surprised, he appreciated Mr. Lokey’s honesty. He stated it was not his intention nor wished to connect to the subdivision as he knew the residents were against it for a number of reasons. Mr. Smith stated his number one concern was that there not be a connector street allowed.

Chairperson Weddington asked if anyone else would like to address the Commission? Seeing no one she closed the Public Hearing and turned the Matter over to the Commission for Discussion.

DISCUSSION

Member Koneda asked for clarification of the double access. He asked if the intent was to make the connection off of Beck Road a permanent emergency exit?

Mr. Arroyo answered that was correct. He stated that access point was for emergency vehicles only off of Beck Road and would serve both projects.

PM-98-10-188 TO SEND A POSITIVE RECOMMENDATION TO CITY COUNCIL FOR PLAT APPROVAL AND WETLAND PERMIT APPROVAL AS WELL AS TO GRANT WOODLAND PERMIT APPROVAL TO WILSHIRE ABBEY SP97-48 INCLUDING ELIMINATION OF THE EMERGENCY CONNECTION TO THE NORTH AND RECOMMEND THAT COUNCIL GRANT EITHER THE STREET LENGTH WAIVER OR MAKE PERMANENT THE SECONDARY CONNECTION FROM CHELTENHAM TO BECK ROAD

Moved by Churella, seconded by Canup, CARRIED UNANIMOUSLY: To send a positive recommendation to City Council for plat approval and Wetland Permit approval as well as to Grand Woodland Permit approval to Wilshire Abbey SP97-48 including elimination of the emergency connection to the north and recommend that Council grant either the street length waiver or make permanent the secondary connection from Cheltenham to Beck Road.

DISCUSSION

Member Mutch offered a friendly amendment regarding Lots 1,2 4, 5, and 14 through 17, the wetland buffer area and some of the regulated woodlands fall within the platted lots. Because all of these lots exceed the R-1 minimum, he asked that the depth of the lots be reduced by 30' which would allow the residents not to have to deal with Woodlands and Wetlands Permits on their property and avoid a hassle down the road.

Member Piccinini agreed with the comments of Member Mutch.

Member Churella accepted the friendly amendment as the maker of the motion.

Member Canup accepted the friendly amendment as the seconder of the motion.

Chairperson Weddington asked if the applicant would be willing to accept that modification?

Mr. Lokey answered he had no problem with it.

In regard to the Woodlands Permit, Member Koneda asked since the road is no longer the emergency access road and it is just a cul-de-sac, was there a reason to eliminate the eleven (11) trees?

Ms. Lemke answered, it was her goal that most of them could probably be saved, she would have to look at it during Final Engineering.

Yes: Churella, Csordas, Koneda, Mutch, Piccinini, Weddington, Canup

No: None

MATTERS FOR CONSIDERATION

1. HUSKY SP98-35B

This project is located in Section 15, south of Twelve Mile and west of Novi Road, directly east of the CSX railroad. The 24.4 acre property is zoned Office Service Technology (OST). Applicant is seeking Revised Preliminary Site Plan and a Section 4 Waiver.

Matt Quinn sought a revision to the Preliminary Site Plan by adding 15' onto the building in order to property provide for the railroad access.

In regard to the Section 4 Waiver, Mr. Quinn stated a granite based pre-cast panel was being used. He stated the cost was exactly the same, there were two procedures; sandblasting and a chemical method. The difference is that the chemical method allows more of the stone to be on the exterior. The sandblasting method still has the stone in it, it is just not as pebbled. He stated it might not meet the ambiguity of the Novi Ordinance, but it would make the design proper, it would be functional, long lasting and looks better than the other effect. Mr. Quinn thought it was a step forward and thought it was something that Novi should consider amending its Ordinance to include it in the future.

Rod Arroyo, Planning and Traffic Consultant stated the primary issue was the increase in building size. He recommended approval of the Preliminary Site Plan subject to the conditions in his letter.

David Bluhm, Engineering Consultant stated there were minor changes and continued to recommend approval of the plan.

Linda Lemke, Landscape Architect continued to recommend approval of the Woodlands Plan and the Conceptual Landscape Plan.

David Wickens, Environmental Specialist continued to recommend approval of the plan, he stated the changes do not affect the wetlands.

Chairperson Weddington announced she has received a letter from Michael W. Evans, Fire Marshal for the City of Novi Fire Department which states that the above plan has been reviewed and approval is recommended.

Doug Necci of JCK stated the product submitted by the applicant falls under a category that is not allowed by the Facade Chart. There are two types of pre-cast; exposed aggregate and all other pre-cast. Exposed aggregate is allowed up to 75% and all other is 0%. This division was based on the knowledge and history of the manufacturing of pre-cast. Mr. Necci expressed concern with the probability with there being a lot of the dyed cement exposed and the differences in color, he was concerned with color consistency. He stated he has not seen any evidence as to any manufacturer that can guarantee the color consistency.

Chairperson Weddington turned the Matter over to the Commission for Discussion.

DISCUSSION

Member Csordas asked if the applicant was familiar with the product and if they were pleased with the results of the product?

John Buttner, the Design Architect for Husky stated colored and tinted pre-cast has been used in the past. Because of the inconsistency of the pre-cast, he stated he has chosen to tint it and has had great success in evening out the color.

Member Piccinini agreed with the comments of Mr. Necci regarding inconsistency in color.

Member Capello asked if the panels are installed and there is an inconsistency in color, could the panels be painted and would the durability last?

Mr. Buttner stated there is the ability of staining the pre-cast. The successful staining process is by using a stain that reacts with the concrete.

Member Capello asked Mr. Necci if the comments regarding staining was accurate?

Mr. Necci reported that staining was really a last resort. He stated streaking and staining of pre-cast is a problem, it is more a problem from architectural features where there might be an overhang where the water collects and runs more against one surface than another, leaving streaks. Exposed aggregate has a heavier grain to it which allows it to trap more dust and dirt. He did not think there was a big difference between the two. He stated the color consistency would steer him more toward the exposed aggregate, however, he would be searching for a finer exposed aggregate to get the flatter surface without so much of the dye being exposed.

Member Capello asked the applicant if this would be a possibility?

Bruce Johnson of Campbell/Manix felt the building would have continuity from one end to the other because they are using granite.

Member Capello asked if the product has been recently used in this area?

Mr. Johnson stated in Auburn Hills, they used a sandblasted limestone, however, they have not used this product. He stated there are projects in the area that have used it, however, they did not use it themselves.

Member Capello asked if there was any other way to guarantee the color?

Mr. Johnson answered, at the manufacturer itself, he stated the color would match.

Moved by Churella, seconded by Csordas, CARRIED (5-3): To grant revised Preliminary Site Plan approval for the 15' addition and to grant a Section 4 Waiver in the application of Husky SP98-35B.

DISCUSSION

Member Mutch stated while he supports the change in the Preliminary Site Plan, he could not support the Section 4 Waiver and he would have to vote against the motion. He expressed concern with the color consistency. He did not believe it would be possible to provide the level of consistency with the sandblasted product as opposed to the exposed. He suggested another facade product that would allow the applicant to have the high tech look while still achieving the level of consistency from the project.

Member Canup believed that the applicant would spend several million dollars in Novi and stated he would be very surprised if they built something that would look less than first class.

Member Piccinini agreed with Member Mutch, she stated she could not support the motion. She stated if the applicant were to look at different things such as fluting of the pre-cast or a design in the pre-cast rather than changing what has already been given a waiver for once before, she might be able to support it.

Yes: Csordas, Koneda, Canup, Capello, Churella

No: Mutch, Piccinini, Weddington

2. COMMUNITY FEDERAL CREDIT UNION SP98-37A

This project is located in Section 26 on the east side of Novi Road between 10 Mile Road and 9 Mile Road. The property is zoned Office Service District (OS-1). Applicant is seeking Preliminary Site Plan approval.

Corrado Bartoli represented Community Federal Credit Union. He proposed a branch at Novi Road and Ice Arena Road. He stated there is one access on Ice Arena Road. He stated brick and shingles are being used with a residential design versus a high tech design to blend in with the neighborhood.

Rod Arroyo, Planning and Traffic Consultant recommended approval of the Preliminary Site Plan. He had a number of minor issues that could be addressed primarily on the Final Site Plan. He pointed out that there is a specific exception that the Commission will need to grant for the access to Arena Drive. Per Section 25.18, the Ordinance requires that a project such as this must have access to a major thoroughfare, which Arena Drive is not. However, it allows the Planning Commission to grant an exception if the property across the street is zoned Multiple Family or Non-Residential Use. In this case the zoning directly across is Multiple Family, therefore it meets the criteria for the Commission to grant that exception.

In regard to traffic, Mr. Arroyo stated an abbreviated traffic study was included as well as an analysis of the off site intersections. He stated a credit union generates less traffic than a standard bank, 140 trips are forecast during the noon peak hour and 114 during the afternoon peak hour. He stated there were minor suggestions regarding traffic control signs and improving the radii to ensure that trucks can make deliveries without any problems. Mr. Arroyo recommended approval of the Preliminary Site Plan.

David Bluhm, Engineering Consultant stated the site is serviced by water and sewer, the applicant proposes a hydrant extension to provide fire service to the building. The site generally slopes from Novi Road/Ice Arena intersection to the northeast toward the Chapman Creek. The applicant proposes enclosed storm sewers to service the site, there will be deep sumps for sediment control, there will be oil and gas separators in the last structure prior to the release to the permanent detention basin which will be placed along the east edge of the site. The permanent detention basin will provide temporary sedimentation controls and permanent water quality controls. There were a number of comments; 1) the detention basin is located in an easement which is off site, therefore, JCK will need the easement prior to the Final Site Plan being approved; 2) the Chapman Creek has a floodway and flood plane associated with it, the site does not infringe in the floodway, however, it does infringe into the flood plane area. A small amount of fill is proposed. The building is completely out of the flood plan area, therefore, a letter of map amendment from FEMA would not be required. The applicant will need to secure an MDEQ Permit for the flood plane impact and a Local Flood plane Permit from the Building Department; 3) the applicant should maximize the distance between the outlets into the detention basin and the outlet after detention into the Chapman Creek so that water quality controls can be maximized. Mr. Bluhm stated there is a woodland area that exists east of the basin, he would like to make sure that when the outlet location is reconfigured, that they stay out of the woodland area. Mr. Bluhm felt the plan demonstrated engineering feasibility and recommended approval.

Linda Lemke, Landscape Architect stated the trees on the site are not regulated under the Woodlands Ordinance primarily because of the tree species. Ms. Lemke recommended approval and stated there were a number of items she would be looking at during the time of Final. She stated the plan needs a lot of additional shrubs all around the exterior of the site to meet the opacity requirements and to correspond to what already exists with the neighboring properties.

David Wickens, Environmental Specialist stated the applicant is only proposing one wetland use, therefore, the office is reviewing the plan Administratively.

Chairperson Weddington stated she has received a letter from Douglas R. Necci of JCK which states the plan has been reviewed for compliance with the Facade Ordinance 2520 and finds that the maximum percentages of material are within the allowance on all sides, it is therefore recommended that the application is in compliance with the Facade Ordinance and that a Section 4 Waiver is not required.

Chairperson Weddington announced she has received a letter from Michael W. Evans, Fire Marshal for the City of Novi Fire Department which states that the above plan has been reviewed and approval is recommended.

Paul Weisberger, Assistant City Attorney clarified that there were wetlands on the site, however, they do not amount to anything such that the Planning Commission needs to vote on them.

Chairperson Weddington turned the Matter over to the Commission for Consideration.

DISCUSSION

PM-98-10-190 TO GRANT PRELIMINARY SITE PLAN APPROVAL TO COMMUNITY FEDERAL CREDIT UNION SP98-37A SUBJECT TO ALL OF THE CONSULTANTS CONDITIONS AS WELL AS WAIVER FOR ACCESS TO ARENA DRIVE

Moved by Canup, seconded by Capello, CARRIED UNANIMOUSLY: To grant Preliminary Site Plan approval to Community Federal Credit Union SP98-37A subject to all of the Consultants conditions as well as waiver for access to Arena Drive.

DISCUSSION

Member Mutch asked Mr. Bluhm what the planned improvements were for Novi Road in terms of widening?

Mr. Bluhm answered he was not aware of any improvements south of Ten Mile Road. However, north of Ten Mile Road, there were improvements proposed between Ten Mile Road and Grand River Avenue.

In regard to storm water detention in the surrounding properties, Member Mutch asked if there was planned or existing regional detention basins that the existing pond may be removed at some point?

Mr. Bluhm answered, there was a regional detention basin identified east of the site, approximately ¼ to ½ mile. It is part of a larger wetland complex that is on line with the Chapman Creek. There is no activity from the Storm Water Committee as far as direction and development of that basin at this time. He stated they would be designing the basin such that it is temporary and it will be easy to "pull the plug" once that basin is on line.

In regard to the outlet into the Chapman Creek, Member Mutch asked Ms. Lemke to clarify that there was no regulated woodlands impacted by the detention area and the outlet into the creek?

Ms. Lemke answered, that was the question at hand, depending on where it is put in. She stated she would want to see it staked in the field.

In regard to the light at Novi Road and Arena Drive, Member Capello asked Mr. Arroyo who has jurisdiction over that traffic light?

Mr. Arroyo answered the Road Commission.

Member Capello asked if there was anything that could be done about it because as more traffic goes down that road, it will pose more of a problem. He asked if there was something that could be done to get an additional off-center light so that it is visible when turning left?

Mr. Arroyo suggested asking the DPW to contact the Road Commission to look into it.

In regard to the proximity of the western most driveway to Novi Road, Chairperson Weddington stated it looked like it was less than 40' and asked Mr. Arroyo if there was a safety issue in that location?

Mr. Arroyo answered he did not believe it was a safety issue. He believed it was acceptable primarily because it was going to be a right turn situation. He anticipated with the traffic signal, the duration of the wait would be fairly minimal and it would be able to flow out. He stated it was a fairly low volume user and therefore, he found it to be acceptable.

VOTE ON PM-98-10-190 CARRIED UNANIMOUSLY

Yes: Koneda, Mutch, Piccinini, Weddington, Canup, Capello, Churella, Csordas

No: None

Chairperson Weddington announced the Commission would take a brief recess.

MATTERS FOR DISCUSSION

1. ALTERNATE MEMBERS FOR COMMITTEES

In regard to the Woodlands Review Board, Member Piccinini stated the question came up in regard to alternates regarding the Ordinance, she believed there needed to be clarification for the Planning Commissioner as well as the Building Official.

Paul Weisberger, Assistant City Attorney stated the Woodlands Review Board membership states that it shall be the public DPS or designee, the Building Official and a Planning Commissioner as selected. Mr. Weisberger stated the Building Department has been instructed to have the Building Official attend the meetings, however, the Deputy Building Official has been attending in his place. He stated unless they want to change the Ordinance to "the Building Official or designee", the Building Official should be in attendance. Additionally, Mr. Weisberger stated there have been situations where a Planning Commissioner may not be able to attend, it has been suggested that in such a case, there should be an alternate established for that position.

Member Mutch volunteered to serve as the alternate for the Woodlands Review Board.

Member Piccinini asked what this means for the Building Official’s vote for all of the meetings in the past?

Mr. Weisberger believed that the Deputy Building Official’s vote would stand up to this point, however, it is the Planning Commission’s responsibility to follow the Ordinance as drafted from this point on.

PM-98-10-191 TO ELECT MEMBER MUTCH TO SERVE AS THE ALTERNATE FOR THE WOODLANDS REVIEW BOARD

Moved by Capello, seconded by Canup: To elect Member Mutch to serve as the alternate for the Woodlands Review Board.

VOTE ON PM-98-10-191 CARRIED UNANIMOUSLY

Yes: Mutch, Piccinini, Weddington, Canup, Capello, Churella, Csordas, Koneda

No: None

2. WETLAND MITIGATION

Member Mutch stated at the last meeting, the Novi Research Project was granted a Wetlands Permit without requiring mitigation, he believed that the Planning Department requested a legal opinion regarding it. He understood, to properly implement the State Law, the Commission would have to require mitigation.

Paul Weisberger, Assistant City Attorney stated the Commission would not have to require it to satisfy the State Law. He clarified that the Ordinance states that when applying the Wetland Ordinance, the Commission may use the State Laws and their Administrative rules to interpret and enforce our own Ordinance. One of the Administrative rules for the MDEQ regarding mitigation is that there should be no net loss of wetland resources or areas. Mr. Weisberger stated the Novi Planning Commission can require mitigation as a reasonable condition. He stated as a practice, the Commission has done it for projects over 10,000 square feet, he thought it was important that the Commission follow its policy and practice.

Member Mutch agreed that the Commission needed to be consistent in its policy and practice because there were other Wetland Permits that evening that required mitigation that the Commission did not grant any kind of waiver to. He felt that the Commission should always require mitigation and there should be some kind of standard.

PM-98-10-192 TO AMEND THE PREVIOUSLY APPROVED WETLANDS PERMIT FOR NOVI RESEARCH PARK TO REQUIRE MITIGATION AS STATED IN THE LETTER FROM THE WETLAND CONSULTANT AND THAT THE COMMISSION SEND TO THE COMMITTEE, WHAT STANDARDS AND CRITERIA SHOULD BE USED

Moved by Mutch, MOTION DIED FOR LACK OF SUPPORT

Chairperson Weddington stated she had a discussion with Dennis Watson in regard to this matter and he pointed out that in this particular case, it would also benefit the property owner because of the purchase agreement and the way it is structured for usable space.

Mr. Wickens expanded on the reason he required the applicant to mitigate. He stated the wetland that was impacted, was less than two acres and was deemed to be something that should be protected by the City. It contains wetland qualities that should be protected. The applicant proposed to impact the wetland and to avoid a net loss, a 1 to 1 mitigation ratio was required. The mitigation location will unite two different wetlands, it will also involve enhancement of some wetlands to the south, creating a habitat corridor. The proximity of the corridor is very close to some large wetlands that contain a diverse habitat structure that would benefit the City.

Member Capello stated he specifically asked the petitioner on the night of the meeting, if he wanted to mitigate or not and the petitioner answered he would rather not mitigate.

Mr. Wickens understood it to be slightly different. He thought the petitioners opinion was if he did not have to do something, then he would not do it. However, under advisement from his own wetland consultant, he thought it was a good idea.

Lou Martin, Director of Public Information thanked the Commission for their patience during the changes of audio and visual aspects of the Council Chambers. He reported that there is a bid for a video upgrade which would eliminate the easels and allow developers to conduct laptop presentations. There is a document imaging camera coming on line. He instructed the Commissioners on the use of the new microphones.

Jim Wahl, Director of Planning & Community Development stated Dan Davis, Director of Parks and Recreation asked him to remind the Planning Commission that October 26, 1998 there would be a Special City Council Meeting to discuss the findings of the Golf Course Studies and to discuss the matter.

PM-98-10-193 TO ADJOURN THE REGULAR MEETING OF THE PLANNING COMMISSION AT 10:00 P.M.

Moved by Capello, seconded by Koneda, CARRIED UNANIMOUSLY: To adjourn the Regular Meeting of the Planning Commission at 10:00 p.m.

VOTE ON PM-98-10-193 CARRIED UNANIMOUSLY

Yes: Canup, Capello, Churella, Csordas, Koneda, Mutch, Piccinini, Weddington

No: None

_____________________________________

Kelly Schuler - Planning Assistant

Transcribed by: Diane H. Vimr

October 14, 1998

Date Approved: November 04, 1998