Meeting called to order at 7:30 p.m. by Chairperson Capello.

PRESENT: Members Canup, Capello, Cassis, Koneda, Mutch, Richards and Watza

ABSENT/EXCUSED: Members Churella, Piccinini

ALSO PRESENT: Planning/Traffic Consultant Rod Arroyo, Engineering Consultant David Bluhm, Assistant City Attorney Paul Weisberger, Landscape Architect Linda Lemke, Planning Official Jim Wahl, Staff Planner Tamara Buswinka and Planning Assistant Beth Brock

Chairperson Capello asked if there were any additions or changes to the Agenda?

Member Canup would like to add the letter from Fried, Watson and Bugbee, P.C. regarding Novaplex Wetland Use Permit, dated January 24, 2000 as Item 5 under Matters for Consideration.

Moved by Canup, seconded by Richards, CARRIED UNANIMOUSLY: To approve the Agenda as amended.

Yes: Canup, Capello, Cassis, Koneda, Mutch, Richards, Watza

No: None

Matt Quinn, declined to speak at this time, he would like to speak during the Public Hearing.

Larry Smith, declined to speak at this time, he would like to speak during the Pubic Hearing.

Chairperson Capello asked if anyone else would like to speak? Seeing no one he closed the Audience Participation.

None

Chairperson Capello announced there was one items on the Consent Agenda, the approval of the Regular Planning Commission Meeting Minutes of January 05, 2000. He asked if there were any changes or corrections? Seeing none he entertained a motion to approve the Consent Agenda.

Moved by Canup seconded by Richards, CARRIED UNANIMOUSLY: To approve the Consent Agenda.

Yes: Canup, Capello, Cassis, Koneda, Mutch, Richards, Watza

No: None

An Ordinance to add Subsection 1903.12 to Ordinance No. 97-18, The City of Novi Zoning Ordinance, to permit auto body repair shops as a principal use in locations not abutting a residential district and subject to special conditions.

Rod Arroyo, Planning and Traffic Consultant stated the intent of the amendment would be to amend the I-1 District to allow as a special land use, when not adjacent to residential, auto body repair shops subject to conditions.

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

Matt Quinn, 21995 Meridian stated he and his client, Autometric brought the proposed Ordinance amendment forward. He stated the amendment to the I-1 District has long been needed in the City of Novi. Autometric is a collision repair facility that deals with high-end vehicles, they were looking to find a building in Novi and found that a collision shop was only allowed in I-2 Districts. Mr. Quinn stated this Ordinance amendment was not being created just for this type of collision shop, he stated there could also be private collision shops and as long as they could live by the Ordinance where everything were enclosed and not adjacent to residential, why wouldn’t the Ordinance be amended to allow these types of businesses to come in?

Larry Smith, 365 Pine Ridge Drive stated the collision shop industry has changed in the last 15 to 20 years. He stated cars have become more complicated, the skills required to make the repairs have risen. Along with the equipment, the methods to repair cars have also changed. In regard to collision body repair, Mr. Smith stated there was nothing that would create a noise that could be heard outside of a cinder block building. He stated he has been in business for 25 years, four locations abut residential property and he has never had a problem or a complaint from anybody regarding noise or smell. He stated all of his painting is done in down draft spray booths and everything is regulated.

Dan Sommer, 28375 Summit Drive, resident, owns a business that uses Mr. Smith’s Royal Oak collision shop. He stated if the Commission allowed Mr. Smith to build his collision shop in Novi, it would be convenient for him.

Member Canup pointed out that the issue before the Commission is not the Autometrics case, it is a zoning issue that has nothing to do with a particular individual.

Chairperson Capello agreed and stated the issue is a rezoning and it is not site or business specific.

Keith Wilson, 38000 Grand River, Vice President of the Novi Rotary Club and on the Board of Directors for the Novi Chamber of Commerce and General Manager for Bob Sellers Pontiac GMC. He stated he has been in business for 42 years. He stated there have been a lot of changes in the past few years regarding technology. He stated he has been by some of the other Autometric shops and they do not adhere to the policy, therefore, he did not think it would happen here in Novi. He stated the project currently being worked on through the Chamber is the beautification of Grand River, he did not think this type of business was needed at the "front door". He felt the issue was how Grand River was going to look in the future.

Tim Harrington, 4264 Forest Valley Court, owner of Keford Collision and Towing stated Colex Collision came to Novi under the same premise that they would not store vehicles outside and there are vehicles in their lot on a daily basis. On total loss vehicles, he stated insurance companies may not pick up vehicles for a month or two, therefore, there needs to be a place to store the vehicles. He stated he could have anywhere from 10 to 20 of those cars at any one time.

Andrew Lekosiotis, 1504 Biggers, Manager of the Autometric facility in Royal Oak. He stated the building was quite large and it would benefit the company to store the cars inside versus outside. He stated the vehicle would be out of the weather, if a window was broken they would not have to worry about covering it up, the vehicle would be easier and faster to work on. He stated it was a plus, however, it was not something that was ever considered in the past because of the size of the building.

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

In regard to Part 1, 12 (a), Member Richards stated the phrase "with vehicles in good working order" was vague, he asked for clarification. He also asked about no outdoor storage.

Mr. Arroyo stated this was what the Implementation Committee was looking for because this is in a Light Industrial District, the Committee wanted to make sure that all vehicles that are being worked on would be stored inside and there would be no overnight storage of vehicles on the site.

Member Richards stated the Ordinance appeared to be for a particular auto body repair shop, not the average run of the mill, competitive body shop. He had a hard time looking at the Ordinance and seeing that it was for all auto body repair shops. He felt it was a specialized case and stated he had a hard time voting for it to change the Ordinance.

In regard to Part 1, 12 (a), Mr. Arroyo suggested it might be a good idea to change the language to say, "(vehicles in good working order and in good repair and not damaged)". He also pointed out that it was important to look at the I-1 District and whether or not this type of use fits in the District.

Chairperson Capello stated he and Mr. Weisberger had been working on the language and they came up with the language, "vehicle parking on site shall be limited to customers vehicles (while customer is on site) and employees vehicles (while employee is working). In any event, there shall be no outside parking of any vehicle from the hours of 9:00 p.m. to 6:00 a.m."

Member Koneda referred to Subsection 19 of the Ordinance which speaks about the usage’s permitted in an I-1 District not abutting residential, he did not see where the amendment was any different from the usage’s already permitted in the I-1 District. He stated it only seems to be an extension of it. If the Commission were to vote favorably upon the Ordinance amendment, he recommended that the Implementation Committee go back and re-address the entire wording of Section 1903 to clear up some of the redundancies.

Member Canup asked why the Commission was even looking at the Ordinance? He stated there were existing Ordinances that have worked for years. He did not see a need to change the Ordinance at this time. He stated it appeared that the Ordinance was written with one particular piece of property in mind.

Moved by Canup, seconded by Cassis, CARRIED (4-2): To send a negative recommendation to City Council on Zoning Ordinance Amendment 18.160.

Member Cassis recalled in back in 1988 when action was taken on the NCC Ordinance to forbid this king of activity on Grand River. He agreed with Member Canup that there is already an existing Ordinance that is suitable for certain activities. He felt that this Ordinance was being created for one particular use. He stated he would be supporting the motion.

Chairperson Capello stated with the current zoning, under Subsection 4, automotive is allowed in the I-1 District except for auto body. If it is on a major thoroughfare, it is subject to about 12 special requirements, one being that no wrecked or partially dismantled vehicle may be stored outside.

Mr. Arroyo stated that would be a Special Land Use.

Chairperson Capello stated in working through the Ordinance, as the language was brought forth from the Implementation Committee, he sought the need to allow for a repair shop in the City, provided that all of the restrictions in the new Ordinance were met.

Member Watza stated he would regrettably abstain from the vote. He stated he represented Novi Motive. Although they are not a body repair shop, it is in the auto service industry and he did not want his vote to be construed as some sort of comment by a potential competitor.

Chairperson Capello asked if anyone objected to Member Watza’s abstention?

No one objected.

Member Mutch asked Mr. Quinn if the client explored other locations in Novi with an I-2 zoning?

Mr. Quinn stated his client was looking for an existing building, they did not want to build from scratch. This building was vacant, therefore, they were looking to redesign it.

Member Mutch asked what types of obstacles his client would face if their only option was an I-2 site in Novi?

Mr. Quinn stated there was not a lot of vacant I-2 land.

Member Mutch stated it was an interesting re-use of a vacant facility, however, he had the same concerns of some of the other Commissioners. He stated the potential for other locations opens up the door for potential problems down the road. He disagreed with Chairperson Capello on the issue of enforcement. He stated one way of stopping Ordinance enforcement problems is not to have them in the first place. He stated you don’t set up situations where uses or activities that are allowed through the Zoning Ordinance would be enforcement issues down the road. He stated once the business is in place, it is a lot harder to stop the impacts through Ordinance enforcement than if the problem ever existed in the first place. Member Mutch was in support of the motion. He did not support the Ordinance as it currently read.

With all of the opposition, Chairperson Capello asked if it made sense to send the issue back to the Implementation Committee and then bring it back as a Special Land Use.

Member Canup stated he did not see any reason to act on it because it is a one or two case project. He stated he has been involved with the ZBA and the Planning Commission for almost 20 years and this is the first time he has seen a body shop come through. He did not see any need to prolong the agony.

Member Koneda did not understand how other auto usage’s could be allowed that were just as dirty, noisy and problematic but yet collision work was being excluded. He felt the Commission should go back and address the entire section again. He suggested deleting section 4 which would take out all automotive repairs from I-1. Member Koneda stated he would be voting against the motion.

Yes: Canup, Cassis, Mutch, Richards

No: Capello, Koneda

Abstained: Watza

This medical office building project is located in Section 1, on the southwest corner of Fourteen Mile and Haggerty Roads. The nine acre site is zoned Office Service Technology (OST). The applicant is seeking Preliminary Site Plan approval.

Bennett Donaldson of JB Donaldson Company introduced Mike Fellows who both represented the owners of North Novi Medical. Mr. Donaldson gave a brief description of the building. He stated it was a two-story, 27,000 square foot medical facility. He stated the facility would provide necessary medical services for the growing area. He expected to have 8 or 9 suites approximately 3,000 square feet each. The grades on the site offer unique challenges as well as unique building designs. He stated the access is off of Fourteen Mile Road, there is a proposed access through National City Bank.

Rod Arroyo, Planning and Traffic Consultant recommended approval subject to several items. He stated there is a need for a Planning Commission waiver for the loading areas. He stated there is a proposal to use some of the property of National City Bank for parking as well as access easement. He stated he would be looking for appropriate documentation of the easement as part of the Final. There is a walkway provided for the parking which takes pedestrians from the easement area to the west to the office area.

In regard to the traffic review, Mr. Arroyo recommended approval of the site plan. He stated there is a Planning Commission waiver variance required for driveway spacing standard. The Ordinance requires 185’, the applicant is providing 131’ between the proposed drive and the bank drive to the east. Mr. Arroyo stated this was the only reasonable location for access as it lines up with a driveway serving a shopping center directly to the north. He recommended the waiver. There were some other minor details that needed to be worked out as part of the Final Site Plan. Mr. Arroyo recommended approval subject to the driveway spacing waiver.

David Bluhm, Engineering Consultant stated all Preliminary Site Plan requirements have been met. There were a number of comments, Mr. Bluhm felt the plan demonstrated engineering feasibility and recommended approval.

In regard to the façade review, Mr. Necci indicated that it is in full compliance and recommended approval.

In regard to the wetland review for Administrative approval, the applicant proposes one outfall from a detention basin. Some temporary buffer disturbance is proposed to construct some retaining walls along the wetland. There were a number of comments that needed to be addressed prior to issuing a permit. The wetland office felt the plan was acceptable and recommended approval.

Linda Lemke, Landscape Architect recommended approval of the Conceptual Landscape Plan. She was looking for additional screening for the loading area and compliance with the corner clearance. She stated these could be addressed at the time of Final.

Chairperson Capello announced he 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 lower level of the building will require a sprinkler system; 2) A fire hydrant is required within 175’ of the building and no part of the building can be more than 300’ from a hydrant. The applicant shall provide a hydrant at the driveway to Fourteen Mile Road.

Member Koneda asked the applicant if these items have been addressed?

Mr. Donaldson answered, yes. He stated he has a received a letter from Gerry McCallum stating that they have been addressed and are in full compliance.

Member Koneda asked why the requirement for sprinklers was necessary?

Mr. Bluhm answered it was an issue of size. He stated the cut-off was 12,000 square feet that requires it to be sprinkled or suppressed. He stated the applicant is proposing a well not a public supply.

Member Koneda thought both waivers were warranted. He stated even though the driveway spacing is a 54’ deficiency, it does align with an existing driveway to the north and he felt it provided the best access to the site with minimal problems regarding left turns. In regard to the waiver for the berming, Member Koneda felt it would be appropriate conditioned upon Ms. Lemke’s requirement for additional plantings. Member Koneda noted that the building height was within the Ordinance requirements including the rooftop equipment.

Moved by Koneda, seconded by Richards, CARRIED UNANIMOUSLY: To grant Preliminary Site Plan approval for North Novi Medical SP99-40 subject to the Consultants conditions and recommendations and subject to a waiver from the Planning Commission for the dumpster screening and subject to a waiver from the Planning Commission for the driveway spacing from 185’ to 131’ and subject to compliance with either the Building Department’s requirements or the Fire Department’s requirement of sprinkling the lower level.

Member Mutch asked for clarification regarding the sprinkler system. He thought the need for it was because it would be impossible to get a truck on the west and south sides of the building.

Mr. Donaldson stated it was a building code issue that dealt with the size of the building and the location and placement of windows around each story.

Member Mutch asked about the water situation for this parcel of property.

Mr. Bluhm stated the watermain that runs along the property is a transmission watermain and Novi has no right to connect to it. The City is currently in the process of designing a metered connection that will provide the possibility for extensions of watermain. He stated there was no water supply existing at this time.

Member Mutch asked if it was explored to get water from Commerce?

Mr. Donaldson stated there were some preliminary conversations, however, it is a very lengthy process with no guarantees. He stated the building would function quite well on the well system. The property is intended to be piped for future connection to the City of Novi water supply system if the water main is ever extended.

Member Mutch asked what the timeline on that project was?

Mr. Bluhm stated the City was moving forward with providing a metered connection at that location. He expected that the connection would be in place within two years.

Member Mutch asked how the sidewalk connection would be handled?

Mr. Bluhm stated there was a severe grade problem as you move to the west. He saw the ability for the applicant to shift it out towards Fourteen Mile while still providing a safe distance from the roadway. With a pedestrian fence, it appears that it could be provided. Mr. Bluhm stated he would like the applicant to explore it at the time of Final.

Member Mutch asked why the 85’ R.O.W. was above and beyond the normal?

Mr. Arroyo stated it must have been part of what the State acquired when they were making improvements. He was not sure if there was a particular reason but those were the existing conditions.

Member Mutch asked if the large evergreen trees were going to be removed that were located at the back of the bank property?

Ms. Lemke answered, it appeared that they would be.

Member Mutch asked if there was any possibility of the lot being shifted back to save the trees?

Ms. Lemke stated it could be looked at during Final.

Mr. Donaldson added that he was adding five times the number of trees that currently exist.

Member Mutch recognized that. He stated the size of the trees were a different scale and it takes some time for them to grow.

Mr. Donaldson stated he was more than willing to save any trees that could be saved.

In regard to the façade review, Member Mutch asked if it was consistent with the changes in the Façade Ordinance?

Mr. Arroyo stated it appeared that the plan was reviewed under the existing Ordinance.

Chairperson Capello announced he has received a letter from Gerry McCallum of the Novi Building Department dated January 26, 2000 which states that he concurs that the level does qualify as a story above grade based upon Section 502 of the 1996 BOCA National Building Code. Therefore, this story above grade shall be provided with openings on at least two sides of the exterior walls and have sufficient opening sizes in order to delete the required automatic sprinkler system. He stated the existing openings do not meet that requirement. Therefore, the applicant will have to comply with the letter in order to fall under 502 and not have a sprinkler system.

Chairperson Capello stated the motion would be subject to these concerns.

Yes: Capello, Cassis, Koneda, Mutch, Richards, Watza, Canup

No: No

Located in Section 35, north of Eight Mile Road and west of Meadowbrook Road. The 0.8 acre site is zoned Light Industrial (I-1). The applicant is seeking Preliminary Site Plan approval.

Mark Evangilista represented Turley Investment Building. He sought Preliminary Site Plan approval to construct a 5,520 square foot office warehouse building on Roethel Drive.

Rod Arroyo, Planning and Traffic Consultant recommended approval subject to a couple of issues. He stated there was a Planning Commission waiver required because a shared access is proposed. He stated there is a requirement for the east parking lot setback. The applicant will address it by providing additional setback areas in other portions of the site. He stated the square footage needed to be clarified as there were discrepancies in the plans. He stated there would also need to be some changes in the calculations to reflect the proper square footage.

Chairperson Capello asked how big the building was?

In regard to traffic, Mr. Arroyo recommended approval. He stated there were some items that needed to be addressed on the Final Site Plan.

Dave Bluhm, Engineering Consultant recommended approval. He stated there were a number of small items that needed to be addressed at the time of Final. The site is fully served by water and sewer. The storm water is handled by a detention basin at the rear which outlets into the storm sewer that is located within Roethel Drive. The applicant will be providing water quality and sedimentation controls. He felt the plan demonstrated engineering feasibility and recommended approval.

Linda Lemke, Landscape Architect recommended approval of the landscape plan with additional screening for overhead doors from Roethel Drive. She stated the deciduous trees shown on the plan needed to be changed to evergreen trees. She concurred with Mr. Arroyo on the waiver for the reduction of the greenbelt area.

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

Moved by Mutch, seconded by Koneda, CARRIED UNANIMOUSLY: To grant Preliminary Site Plan approval to Turley Investment SP99-46 subject to the Consultants conditions and recommendations and subject to a waiver from the Planning Commission for the parking lot setback.

Member Koneda stated one condition was that the applicant obtain a shared driveway easement with the property owner to the north, he asked if it had been obtained?

Mr. Evangilista answered, yes.

In regard to the awnings, Member Richards asked what they were made from?

Mr. Evangilista stated it was an aluminum material.

Yes: Cassis, Koneda, Mutch, Richards, Watza, Canup, Capello

No: None

Located in Section 9, on the west side of Magellan Drive in the Beck West corporate Park. The 4 acre site is zoned Light Industrial (I-1). The applicant is seeking Preliminary Site Plan approval.

Ryan Dembs proposed a 45,000 square foot, light industrial, multi-tenant building. He sought Preliminary Site Plan approval from the Planning Commission.

Rod Arroyo, Planning and Traffic Consultant recommended approval subject to the items addressed in his letter. He stated there was a proposed sharing of access to properties located to the south.

In regard to traffic, Mr. Arroyo recommended approval subject to a number of minor items being addressed on the Final Site Plan.

David Bluhm, Engineering Consultant stated Magellan Drive was recently constructed, it is fully served by utilities. The site will extend hydrants in for fire protection. The applicant is providing a sedimentation water quality basin at the front of the site. Storm water detention is not required. Sized sewers are in Magellan Drive to handle developed flows, outletting to a regional basin south and east of the site. Mr. Bluhm had a number of comments that were typically addressed at the time of Final and he would be looking for the applicant to provide them. Mr. Bluhm stated the plan demonstrated engineering feasibility and recommended approval.

Linda Lemke, Landscape Architect recommended approval of the conceptual landscape plan.

Chairperson Capello announced he 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 with the following items being corrected on the next plan: 1) provide an additional hydrant near the northwest corner of the building to provide maximum hydrant spacing of 500’.

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

Moved by Canup, seconded by Cassis, CARRIED UNANIMOUSLY: To grant Preliminary Site Plan approval to the Amson Dembs Spec Building SP99-62 subject to the Consultants conditions and recommendations and provided that they move the fire hydrant consistent with the Fire Marshal’s letter dated December 21,1999.

Member Mutch asked what potential uses would go into the building?

Mr. Dembs answered it would be light industrial lower percentage office. He planned on 20% to 30% office users at the maximum with the remainder being shop. He stated there would be no manufacturing, however, he did not have any exact users at this time.

Member Mutch asked for clarification of the unrestricted storm water discharge yet the applicant was showing a detention basin on site.

Mr. Bluhm stated the detention and water quality basins will often take the form of a retention basin which holds the water back to allow the sediment to settle. He stated it was a typical feature, it was not providing detention but it was detaining water to provide other functions.

Member Mutch asked if there was any anticipated need for additional improvements to Magellan Drive at the intersections once the project was built out?

Mr. Arroyo answered, no. He stated there is a center left turn lane and deceleration lane already in place at West Park Drive. He did not anticipate any additional improvements.

Member Mutch complimented the applicant on the building design.

Yes: Koneda, Mutch, Richards, Watza, Canup, Capello, Cassis

No: None

Chairperson Capello asked if there were any objections to moving Item 5 up to number 4?

There were no objections.

Paul Weisberger, Assistant City Attorney stated at the last meeting Novaplex had three items up, the Woodlands, Wetlands and Site Plan. The wetland action was tabled to have a letter issued on the standards for the use permit. Mr. Weisberger stated his opinion at the last meeting was that if it was found to be a non-essential wetland, the use permit must be granted. He stated his opinion has not changed.

Moved by Richards, seconded by Canup, CARRIED UNANIMOUSLY: To grant Wetland Permit for Novaplex SP99-32 subject to the Consultants recommendations.

Yes: Mutch, Richards, Watza, Canup, Capello, Cassis, Koneda

No: None

Presentation by Planning Department Director Jim Wahl and Planning Consultant Rod Arroyo.

Jim Wahl stated there were two alternatives, one being in the goals and the original proposal as presented at the last meeting. He stated the alternative took the components of the study apart and reconfigured them in the budget. He explained that the public participation process for the Beck Road Corridor Study and the Novi Road Corridor Study was placed in the Communications and Community Liaison Program. He did not recommend taking a study proposal and breaking it up into different pieces.

Chairperson Capello stated the line item for Wetlands Essentiality Test is really a development fee item and has nothing to do with studying the wetlands. Therefore, he suggested moving this item down and indicating to the Council that this should not be a Planning Commission item but it should probably be fit into the Consultants fee or somewhere else. He suggested taking the Beck Road Corridor Study and moving it to a footnote telling Council that if Beck Road needs to be studied, this is what it would cost. Part of the Novi Road Corridor Study had monies allocated for actual land use study for the properties off of Novi Road between Ten Mile Road and Trans-X Drive. The other portion of the monies were to have another road study from Tranx-X Drive to Eight Mile Road. He suggested leaving the Novi Road Land Study in the Planning Commission Budget and footnoting the remainder of the $8,000.00 as a Novi Road Corridor Study.

Mr. Wahl stated the staff could support going in that direction. He felt the Beck Road Corridor Study was a very important item to be looked at, however, it has lots of implications that go beyond what the Planning Commission would normally be involved with. He supported moving it forward but thought that the idea of having it not as a recommended budget item from the Planning Commission was preferable.

Member Richards thought both items should be brought forward and Council should decide which one if not both should be implemented.

Member Mutch supported the changes recommended by the Chair, however, he would like to see the studies treated as a separate presentation to the City Council stating that they are additional studies that the Planning Commission feels are important whether they be done through the Commission or another department. He felt if it were treated as a footnote, it would be ignored.

Moved by Watza, seconded by Canup, CARRIED (7-1): To approve the budget as amended at $51,730.

Yes: Richards, Watza, Canup, Capello, Koneda, Mutch

No: Cassis

None

Moved by Watza, seconded by Mutch, CARRIED UNANIMOUSLY: To adjourn the Regular Meeting of the Planning Commission at 9:04 p.m.

Yes: Canup, Capello, Cassis, Koneda, Mutch, Richards, Watza

No: None

________________________________

Beth Brock - Planning Assistant

Transcribed by: Diane Vimr

February 17, 2000

Date Approved: March 01, 2000