View Agenda for this meetingNOVI PLANNING COMMISSION REGULAR MEETING WEDNESDAY, November 20, 2002, 7:30 P.M. COUNCIL CHAMBERS-NOVI CIVIC CENTER - 45175 W. Ten Mile Road NOVI, MI 48375 (248) 347-0475 Proceedings had and testimony taken of the NOVI PLANNING COMMISSION, taken before me, Darlene K. May, CSR-6479, a Notary Public, within and for the County of Oakland, State of Michigan, at 45175 West Ten Mile Road, Novi, Michigan, on Wednesday, November 20, 2002. PRESENT: Commission Members Antonia Nagy, Lowell Sprague, Lynne Paul, Tim Shroyer, Gwen Markham, Lynn Kocan, Larry Papp, John Avdoulos ABSENT/EXCUSED: Member David Ruyle ALSO PRESENT: Planning Director David Evancoe, City Attorney Gerald Fisher, Planner Timothy R. Schmitt, City Engineer Nancy McClain, Interim Landscape Architect Mike McGinnis, Planning/Traffic Consultant Rodney Arroyo, Benjamin Croy, Brian Coburn REPORTED BY: Darlene K. May, RPR, CSR-6479 1 Novi, Michigan 2 Wednesday, November 20, 2002 3 7:35 p.m. 4 - - - 5 CHAIRPERSON NAGY: Good evening. I 6 would like to call the meeting of the Planning 7 Commission to order at 7:35. 8 Mr. Schmitt, if you would please, we 9 will first do the roll call. 10 MR. SCHMITT: Commissioner Avdoulos? 11 MEMBER AVDOULOS: Here. 12 MR. SCHMITT: Commissioner Paul? 13 MEMBER PAUL: Here. 14 MR. SCHMITT: Commissioner Papp? 15 MEMBER PAPP: Here. 16 MR. SCHMITT: Commissioner Kocan? 17 MEMBER KOCAN: Here. 18 MR. SCHMITT: Chairperson Nagy? 19 CHAIRPERSON NAGY: Here. 20 MR. SCHMITT: Commissioner Markham? 21 MEMBER MARKHAM: Here. 22 MR. SCHMITT: Commissioner Shroyer? 23 MEMBER SHROYER: Present. 24 MR. SCHMITT: Commissioner Sprague? 25 MEMBER SPRAGUE: Here. 3 1 CHAIRPERSON NAGY: And Mr. Ruyle is 2 absent and excused. With that Ms. Paul if you would 3 lead us in the Pledge of Allegiance. 4 (Pledge of Allegiance was recited.) 5 CHAIRPERSON NAGY: Thank you very 6 much. Before we actually go on to the agenda I notice 7 that the City has a court reporter here and I would 8 like everyone to be very nice to her and don't talk 9 too fast. 10 Darlene May is our court reporter. 11 The next item on the agenda is the 12 agenda itself. Does anybody have any additions or 13 deletions? 14 (None.) 15 CHAIRPERSON NAGY: If there is no 16 further comment the Chair will entertain a motion to 17 approve the agenda as is. 18 MEMBER PAUL: So moved. 19 CHAIRPERSON NAGY: All in favor say 20 "Aye." 21 MEMBER SPRAGUE: Aye. 22 MEMBER PAUL: Aye. 23 MEMBER SHROYER: Aye. 24 MEMBER MARKHAM: Aye. 25 MEMBER KOCAN: Aye. 4 1 MEMBER PAPP: Aye. 2 MEMBER AVDOULOS: Aye. 3 CHAIRPERSON NAGY: Motion passes. 4 The fourth item on our agenda is 5 audience participation. At this point we have three 6 public hearings. If there is anyone in the audience 7 that would like to address the commission on anything 8 other than the public hearings please come forward to 9 do so. If you are here for any of the public hearings 10 that we are having you will be able to address the 11 commission at that time. 12 So with that is there anyone that 13 would like to address the commission on any subject 14 outside of the public hearings? 15 (None.) 16 CHAIRPERSON NAGY: Seeing none, I 17 will close the audience participation. 18 The next is correspondence. Madame 19 Secretary, do we have any correspondence? 20 MEMBER KOCAN: Nothing other than the 21 public hearings. 22 CHAIRPERSON NAGY: Thank you. Do we 23 have any communications or any reports, Madame 24 Secretary? 25 MEMBER KOCAN: The Woodland Review 5 1 board reported at the last meeting that Commissioner 2 Papp and I would be at the City Council meeting on 3 Monday for an appeal but that has been withdrawn. So 4 we get the night off. That was for a swimming pool 5 that was proposed to be in the Woodlands that was 6 denied. 7 CHAIRPERSON NAGY: Thank you. Do we 8 have any presentations, Ms. McClain? 9 MS. MCCLAIN: Thank you. Good 10 evening. I would like to introduce the newest member 11 of our new engineering staff his name is Benjamin Croy 12 and he comes to us from MCOM in Livonia. He has been 13 an engineer for six years and is a professional 14 engineer. He's also a graduate of the University of 15 Michigan and he lives in Ypsilanti with his wife and 16 family. And you'll be seeing a lot of him coming soon 17 because he will be taking over the plan review 18 duties. Thank you. 19 CHAIRPERSON NAGY: Thank you. 20 MR. CROY: Thank you. 21 MR. EVANCOE: Madame Chairman? 22 CHAIRPERSON NAGY: Yes. 23 MR. EVANCOE: Ms. McClain and the 24 other attorney And I would like to express my 25 appreciation and thanks to all of you as members of 6 1 our Planning Commission for your attendance this 2 evening at our open house with the plan review 3 center. We had a good showing and a good discussion 4 and we were glad that you were able to see some of the 5 internal operations of the planning section and also 6 appreciate the attendance of our friends from the Novi 7 Youth as well. 8 CHAIRPERSON NAGY: Thank you, 9 Mr. Evancoe, and the commission appreciates it as 10 well. 11 At this point we have nothing on the 12 consent agenda so I will move forward to the public 13 hearings. 14 The first public hearing that we have 15 on our agenda is Windward Bay Condominium Boat Slip, 16 Launch (Marina), Boardwalk, Site Plan Number 02-37. 17 Public hearing on the request of Windward Bay 18 Condominium Association for approval of a Preliminary 19 Site Plan and Wetland Permit. The subject property is 20 located in Section 3 on the southeast corner of the 21 West Lake Drive and Pontiac Trail in the RM-1 22 (Low-Density Multiple Family) District. The subject 23 property is 7.94 acres. 24 Mr. Schmitt? 25 MR. SCHMITT: Thank you, Madame 7 1 Chair. 2 Just give you an idea of where this 3 site is located. If I can get the overhead. As you 4 can see, this is Walled Lake. The Windward Bay 5 Condominiums are located here along West Park Drive. 6 The City of Walled Lake is to the north and the North 7 Haven Woods is to the south. The proposed boat slips 8 will be going in approximately right here. One of 9 these maps shows that the property is multi-family 10 with single family addition to the south and 11 additional multiple family across West Park Drive to 12 the west. In addition, there's a small amount of 13 local commercial along Pontiac Trail, and as was 14 mentioned, the zoning is RM-1. 15 The city of Walled Lake also has a 16 multiple family development just to the north. 17 B-2 zoning here with the commercial and, in addition, 18 there's a commercial development to the north of 19 Walled Lake and single family housing forwards to the 20 south. 21 The proposal is for an additional 22 boat slip launch and paving of the existing boardwalk 23 at the Windward Bay Condominium site. Just to show 24 you briefly on the site plan, the proposal is to build 25 this, which is essentially the boat launch from the 8 1 existing parking lot here along the route of an 2 existing wood chip path which runs all the way out to 3 the existing boat slips here. In addition, they'll be 4 paving this path to allow for handicapped 5 accessibility and providing additional boat slips in 6 this area which are seasonal and to be taken out, much 7 like the ones that are already there. 8 To go through the review letters, 9 there was no landscape review letter for this. There 10 is no specific requirements to add landscaping for a 11 boat launch. It's fairly a unique use. 12 The Planning Review indicated two 13 waivers from City Council that will be necessary. One 14 for the boat launch, which is not permitted in the 15 lake front park, and one for the number of boat docks 16 in excess of the permitted 13. Both of these waivers 17 will have to go to City Council as I mentioned and 18 previously the Windward Bay Condominiums received a 19 waiver for the amount of boat slips that are already 20 there, which is eleven. 21 The wetland consultant indicated that 22 they feel that this proposal does not meet the intent 23 of the original approval which was done in 1990. They 24 feel that the intent of this approval was to, "Allow 25 for the boat slips in the current position while still 9 1 maintaining the wetlands to the north." Which is up 2 in this area. 3 There are no regular woodlands on the 4 site. Traffic review, the road to the boat launch 5 will need a design construction waiver from the City 6 Council because it is not 16 feet wide or the road 7 will have to be widened to 16 feet to meet the 8 requirements and the intersection with the parking lot 9 should be made to 90 degrees to provide better 10 access. 11 In addition, several -- both the fire 12 and traffic commented that a turnaround should be 13 placed perpendicular to the boat launch near the end 14 to provide for better access. However, this is not a 15 requirement. It's merely something they felt would 16 work better on the site. As I mentioned this is 17 previously -- the actual condominiums have been 18 previously approved in 1990 and went through the full 19 site plan review process at the time. They eventually 20 requested the boat slips onto Walled Lake and went in 21 front of City Council for the waiver. Under the Lake 22 Front Protection Ordinance, which is Chapter 36, 23 you're required to have 25 lineal feet of lake 24 frontage and a 150 square feet of actual park land, 25 what is called park land along the lake. 10 1 The site was deficient in terms of 2 lineal footage along the lake; however, they provided 3 an excess in square footage which was the reason for 4 the original waiver. The site provided substantially 5 more square footage than is needed for the number of 6 units that are there and substantially less than the 7 lineal frontage in the lake. So a compromise was 8 reached in that regards. 9 Also, it should be mentioned that the 10 City Attorney has given an opinion on this in that the 11 combination of boat launch and boat slips in this area 12 would constitute a marina under the City's ordinance. 13 In past case history in the state of Michigan marina 14 and several other terms have been used 15 interchangeably -- marina facility, docking facility, 16 boat launching facility and, therefore, this 17 considered marina would have to be licensed under the 18 City's Lake Front Protection Ordinance, Chapter 36 19 again. 20 CHAIRPERSON NAGY: Thank you, 21 Mr. Schmitt. 22 I think we have a Mr. David Keast, 23 K-e-a-s-t, to represent Windward Bay Condominium 24 Association. If you could limit your presentation to 25 no longer than ten minutes we would appreciate it. 11 1 MR. KEAST: I'll be happy to do that, 2 thank you. I won't get into the details of the 3 presentation just made to you because factually I 4 really don't dispute them. What we are here tonight 5 to ask the counsel to consider is whether the counsel 6 -- whether the Planning Commission has not in fact 7 created a tempest within a teapot in this situation. 8 First of all, understand the context. We are not 9 talking about a public marina. The City Attorney in 10 what I have to characterize as an ill-advised and 11 therefore ill-considered for this City to follow 12 opinion, has concluded that this is a licensed marina 13 facility and, yet, I would point out that the 14 definition within the very ordinance under which the 15 license would be issued states, "That a marina means a 16 facility which is owned or operated by a person, 17 extends into or over either a lake or stream and 18 offers services to the public or members of the marina 19 and it is required that it be offered by the owner or 20 possessor for a valuable consideration. 21 This is a facility that is used 22 solely for the personal use of members and owners of 23 the Windward Bay Condominium and other residents of 24 that facility. This is done on a compensation basis, 25 it is not within the terms of the City of Novi 12 1 ordinance. The marina which is required to be 2 licensed by this community. That's the first point. 3 The second point, we have 51 4 condominiums here. We have ten boat slips. A limited 5 use of the lake front property by this community 6 presently access through what is a regulated wetlands 7 area under the original permit application is we have 8 a woodchip path that not only impairs the surrounding 9 area when it's used because it necessarily results in 10 a downtrodden condition in the wetlands area, but 11 which also denies access to handicapped persons to the 12 lake front. 13 The sole purpose, which my clients 14 are seeking to accomplish here, is to raise through 15 the ability to provide an additional facility to 16 certain owner -- to additional owners of that 17 facility, raising the number from ten to twenty boat 18 slips. Those monies are to be used to provide the 19 very improvements we're looking at and make this 20 accessible to the handicapped. Furthermore, not only 21 will it provide access to the handicapped under the 22 paved portion of the roadway, it will also provide 23 access to the handicapped which is beneficial to the 24 environment over a boardwalk which will be raised 25 above the level of the existing wetlands. That's all 13 1 that's being done here other than to install a boat 2 launch, again, for the personal use of the owners of 3 condominiums in Windward Bay. 4 I submit to you folks that while this 5 may fall within the terms of your lake front park 6 ordinance and that my clients may well have a need to 7 work with the City to comply with the reasonable 8 traffic and other considerations -- and they are 9 willing to do that -- nevertheless, it is not such a 10 burden upon Walled Lake or any of the neighboring 11 communities that falls within the intent of the lake 12 front property and the lake front ordinance. Since it 13 is only going to be a facility which will continue to 14 be used by the existing 51 condominium owners, only 15 now there may be as many as 20 boats instead of ten 16 boats. Now, the area as has been 17 described earlier is more than sufficient to permit 18 that. The ordinance in this case would penalize the 19 Windward Bay Condominiums only because it was designed 20 in a narrow strip of land and has approximately 350 21 feet of lake front frontage. So while there are a 22 number of objections that have been raised, in 23 summary -- and I don't want to exceed my ten 24 minutes -- I think it's important for you all to 25 understand that this is not some heavy burden that is 14 1 being placed on the neighbors. All of, you know, the 2 neighboring area is developed and there is no -- in 3 fact, the only area, the only neighbors who could 4 conceivably be effected are neighbors who reside 5 across the City line over in Walled Lake. That being 6 as it may, all we're doing is adding 10 seasonal boat 7 ramps -- seasonal boat slips, rather, boat docks, and 8 one boat launch for the personal use to replace that 9 which the City can no longer do. 10 You know, in the past your city 11 assisted people to access Walled Lake and they can no 12 longer do that safely because of the lower water 13 levels. This will provide a personal use boat access 14 limited -- and you should understand that under the 15 rules of the condominium that boat launch is 16 restricted to the people who own the boat slips in the 17 condominium. We have a unique structure in Windward 18 Bay in which these are limited condo homes that can 19 only be used by the people that are the owners of the 20 boat slips. It cannot even be used by the remainder 21 of the condominium owners. So, consequently, I submit 22 to you that you should give serious consideration to 23 applying a rule of reason to the request here in 24 permitting -- because in granting a variance on these 25 issues. And I'll be happy to provide the rest of my 15 1 time to you if you have any questions that I can 2 elaborate on any particular note. 3 CHAIRPERSON NAGY: Thank you. When I 4 turn it over to the commission if they have any 5 questions we will ask for your presence again. 6 MR. KEAST: Thank you very much. 7 CHAIRPERSON NAGY: The next person 8 that I have that would like to come before the 9 commission to address the public hearing is a 10 Ms. Donna Willacker, W-i-l-l-a-c-k-e-r. 11 Ms. Willacker? 12 MS. WILLACKER: Good evening. 13 CHAIRPERSON NAGY: Good evening. 14 MS. WILLACKER: How are you tonight? 15 CHAIRPERSON NAGY: Good. 16 MS. WILLACKER: As David -- as our 17 attorney has suggested we're only trying to provide 18 access to our lake in Novi to our handicapped people 19 that live in our residence. It's unconscionable to 20 realize the city of Novi nowhere has given access to 21 handicapped people on any of the waterways or made it 22 easy for them to utilize any of the waterways they're 23 responsible for in Novi. 24 We've been a good group of people 25 here at Windward Bay, a large tax paying base that 16 1 have been certainly loyal to the city of Novi and its 2 needs and now we have needs within our own community 3 to make sure that our handicapped people do indeed 4 gain access to our lake. It is required with the 5 wooden chip path being the way it is as the attorney 6 has resounded, you cannot -- if you're instable at all 7 in your ability to walk you cannot maneuver down that 8 chipped path. 9 The herbaceous growth is being 10 downtrodden every instance of walking on it. The 11 raised wooden boardwalk that we worked and designed 12 with the DEQ and the DNR, they certainly looked at not 13 disturbing the herbaceous vegetation and one of the 14 other initial critical points is to certainly maintain 15 the quality of our species of animals that do partake 16 in that area as well and the DEQ and DNR commended us 17 on not only our foresight to look for and take care of 18 the handicapped folks in our area, but also to protect 19 the wetlands, animals and the vegetation that reside 20 there and the only way we can achieve that goal is by 21 providing ten additional boat slips. The monies from 22 those additional boat slips would create the pavement 23 path and indeed the raised wooden boardwalk that the 24 DEQ and DNR thought most appropriate for the area so 25 there would be little or no disruption. 17 1 In fact, we would benefit the 2 herbaceous area by having the raised wooden boardwalk 3 and certainly caring for our animals in the area. I 4 beg you to care for the handicapped folks in our area. 5 I would further beg you off this particular agenda to 6 look into the handicapped needs in the city of Novi 7 and maybe wonder why those haven't been taken care of 8 prior to us meeting tonight. Thank you. 9 CHAIRPERSON NAGY: Thank you very 10 much. 11 Mr. Fisher, could you correct me if 12 I'm wrong. I am in a condominium association myself. 13 It's my understanding that condominium association 14 owners are supposed to provide handicapped access, not 15 the City. 16 MR. FISHER: That's absolutely right. 17 CHAIRPERSON NAGY: Thank you very 18 much. I just want to clarify that. 19 Our next member of the audience is 20 Mr. Anthony Hopeck, H-o-p-e-c-k. 21 Sir, if you would like to come 22 forwards. 23 MR. HOPECK: Good evening. Thanks 24 for meeting with us. Just bringing up some of the 25 points. As being one of the owners over at the 18 1 condominium complex and would like to get a boat slip 2 over there, just bringing up some of points our 3 attorney brought up as well. Just addressing the 4 handicapped issue and also with the land that we have 5 to work with out front just to have a little more 6 access for the people at our complex as private use 7 for ten additional slips. With funding coming from 8 that to take advantage of the -- you know, put in for 9 the cement to let us to get if for the handicapped and 10 the launches. That's about all I have to say. 11 CHAIRPERSON NAGY: Thank you very 12 much. 13 Our next audience member who would 14 like to participate is Kevin Dittmer, D-i-t-t-m-e-r. 15 If you would like to come forwards, sir. 16 MR. DITTMER: Good evening. 17 CHAIRPERSON NAGY: Good evening. 18 MR. DITTMER: I am petitioning for 19 approval. Just a few minor points that I would like 20 to make. You know, of the impact that this is going 21 to have, I think it's going to be a lot less than 22 people might perceive. I know myself and a couple of 23 the other owners, you know, we're looking to not put 24 off shore race boats. We actually have kayaks and 25 things like that that have minimal impact to the 19 1 environment and to the lake. Other than that, you 2 know, the people that seem to have a problem with 3 this, with it being an environmental attack are the 4 same people that, you know, go out with their high 5 polluting two stroke engines on the pontoon boats and 6 things like that, burning leaves or fertilizing their 7 lawns. There's a lot of other things that have a 8 greater impact on our lake, health and environment 9 then what we're proposing. So that's all I -- we're 10 all members of the same community and we just all want 11 rightful access to the lake. Thank you. 12 CHAIRPERSON NAGY: Thank you very 13 much, sir. 14 Is there anyone else that would like 15 to address the commission regarding this subject? 16 Yes, Mr. Smith? 17 MR. SMITH: Good evening, Madame 18 Chair, members of the commission and the staff of the 19 City of Novi. I'm here representing the LAHA, The 20 Lake Area Homeowners Association, as a president and 21 I'm here to willing to speak on the site approval of 22 02-37 that we're looking at this evening. 23 MEMBER SHROYER: We need your name 24 and address for the record, please. 25 MR. SMITH: I'm sorry. That's 20 1 Asa Smith, 1294 East Lake Drive. 2 As you probably know in your packets 3 that you have been furnished with all the basic 4 criteria that has gone on with this complex over 5 approximately the last 15 years. This all started in 6 1988 with the same thing that's before you tonight 7 about putting in a dock, a facility and working its 8 way through the wetlands and the woodlands that were 9 there. I think if you have read and looked through 10 the packet that was all brought forth with the minutes 11 from some of the meetings that took place from '88 up 12 into the '90s until this package was approved you will 13 find that some of the issues in there, the criteria 14 for what is happening tonight has already been 15 established. That they have got what they looked for 16 and what they require and what was given to them at 17 the time both by the DEQ and the DNR and the City of 18 Novi and the Planning Commissioners at that time. 19 We feel that that is adequate. That 20 what they have there now is what they asked for and, 21 if you would recall or probably look back into the 22 deeds and covenants and restrictions that were put 23 onto the association at that time, you would find that 24 there will probably be included in there as to what 25 they can do and what they have to abide by. I believe 21 1 that somewhere in those minutes it states the fact 2 that this was part of the criteria that would've been 3 asked for so they would have to abide and follow by 4 the regulations that were set forth at that time. 5 We are concerned as homeowners on the 6 the quality of the lake and the amount of boats and 7 the usage that are available at any given time could 8 be used on the lake. We feel with what is there and 9 in your information packages that with the ordinances 10 and the rules and regulations that have been 11 established by the City, that criteria has been met 12 and we have the different ordinances -- specifically, 13 the keyhole ordinances which limits the frontage that 14 we can have for boats and I believe if you look at the 15 old plans and the current plans you will find that 16 they have not changed in that great much of a detail. 17 If they put in the pavement and 18 there, I know, that's a wetland area and it's kind of 19 critical as to how that will be constructed, what will 20 be the subbasis, how the road will hold up over a 21 period of time and what will happen with the precast 22 concrete slabs that will be established and put into 23 the lake. That bottom land from that area is what we 24 know as muck, plain swamp-like muck and there is no 25 stability unless you excavate and backfill it for 22 1 quite a ways down to give it stability. Although it 2 may ascetically look good when it's first put into 3 position, to be operable there are many things that 4 are effected, but the ice freeze and the thawing and 5 so forth over the years and I think that it will not 6 be a good thing that will happen for the City. 7 So I just hope that you have all 8 looked at the information and have taken a look at the 9 site, studied what is there and what the potential is 10 that they're planning to put in place. So I trust you 11 to make your decisions and help with this tonight. 12 CHAIRPERSON NAGY: Thank you, 13 Mr. Smith. 14 MR. SMITH: Thank you. 15 CHAIRPERSON NAGY: Is there anyone 16 else that would like to comment on this subject? 17 Yes, ma'am. Would you please come 18 forward and state your name, address and spell your 19 last name for the court reporter. 20 MS. HOLDEN: Beth Holden, 44750 21 Bayview Drive, Number 38, and the last name is 22 H-o-l-d-e-n. 23 I live in Windward Bay and I've lived 24 there for three years. I have a kayak and I am also 25 one of the people that would like to get a boat dock. 23 1 I have been hauling my kayak down to the water for 2 three years now. I put wheels on it because it's too 3 heavy for me to carry. One of the things that 4 concerns me doing that is that I am hauling it through 5 the wetland areas and all of that. If I had a path at 6 least I wouldn't be, you know, doing that. 7 If I had a boat dock my boat would be 8 down there. One of the other issues I wanted to 9 address was the gentleman that spoke before me said 10 that the lake is so busy. I've been on the lake 11 countless times in my kayak. Normally I'm one of five 12 people on the lake in my boat. I've never even run 13 across anybody else, you know, anywhere near me. I 14 don't really think that it's an issue of, you know, 15 the lake is too busy. I'd also like to bring up, my 16 father who was handicapped never got to see the lake 17 because he couldn't get down there. He passed away 18 last year so he will never see the lake but it 19 would've been very nice to have the path so that he 20 could've gone down there. Thank you very much. 21 CHAIRPERSON NAGY: Thank you, ma'am. 22 Is there anyone else that would like 23 to address the commission regarding this issue? 24 MS. WILLACKER: I'd like to make a 25 correction if I may. 24 1 CHAIRPERSON NAGY: You may. 2 MS. WILLACKER: Thank you. 3 CHAIRPERSON NAGY: If you can. 4 Give your name again. 5 MS. WILLACKER: I did. Donna 6 Willacker. The gentleman, I believe Tim Schmitt, 7 noticed that we didn't have a turnaround existing on 8 this property. That indeed is incorrect. We have a 9 massive back parking area where we have emergency 10 turnaround available for the full size fire trucks of 11 Novi and it would be more than adequate and, again, in 12 the two and a half years we've dealt with the DEQ and 13 DNR on this project to make sure the impact was 14 minimal, in fact, that the impact of this project 15 provided benefits as opposed to a negative effect that 16 we're currently dealing with they found that more than 17 adequate and more than impressive to handle the 18 situation. 19 He also stated that that would be 20 pavement from the back parking area. Again, which is 21 large enough to do at least one full size of Novi fire 22 truck to do any backing up or emergency turnaround. 23 It has a "Y" back there that allows additional. 24 Again, it is shown on the one picture of the aerial 25 photo. The view of it is disturbed by the number of 25 1 trees in that particular photo but if you were to look 2 closely you can clearly see we have a massive amount 3 of land dedicated to that currently paved. 4 You also noted that would be all 5 pavement all the way back to the existing docks. 6 Indeed that is not correct. The DEQ and DNR felt it 7 most fitting and most beneficial for the area in a 8 cleanup matter, in a cleanup mode to indeed have the 9 raised boardwalk. So I just want that to stand 10 corrected and you should also know the other thing 11 that should be mentioned here before any voting takes 12 place is originally this gentleman Mr. Schmitt 13 mentioned that all these variances were given back in 14 1988. That was, indeed the case. In 1988 when a 15 developer was out there developing the project for 16 this multi-family issuance, these are no longer held 17 by a developer. They are individually owned 18 cooperatives. There is one 51st of all that lake 19 property down there that each 51 people own. So the 20 same rules that the people have requested variances 21 for in 1988 none of the conditions exist the same way. 22 CHAIRPERSON NAGY: Thank you. 23 MS. WILLACKER: And indeed the care 24 and concern for our handicapped people remains. 25 CHAIRPERSON NAGY: Thank you. 26 1 Is there anyone else that would like 2 to address the commissioners? 3 Yes, ma'am, please come forwards. 4 MS. LORI: Hi, my name is Margaret 5 Lori. I live in the South Point Condominiums at 1127 6 South Point Drive and the president of the 7 association. But, personally not in the context, 8 personally I applaud them wanting to provide for 9 handicapped people. I have a vested interest in that 10 and I think it's really nice; however, I'm really 11 against the additional boat slips or boat launch. We 12 at South Point have approximately 350 feet of lake 13 frontage. We have 72 units. We have 13 boat slips 14 which is all we're allowed under the Novi ordinance. 15 Certainly other people would enjoy having them. 16 Certainly we would enjoy the revenue from selling them 17 to people; however, it's not good for the lake. Two 18 years ago they did a count on the registered boats on 19 the lake and there were 468 at the time. That's a lot 20 of boats. Now, obviously they're not all out at the 21 same time but they're only so many boats that are 22 really doable per acre without getting dangerous and 23 our lake is constructed such that the docks stick out, 24 a lot of them 100 feet out into the lake. So you take 25 that into consideration out of the 640 acres that it 27 1 has and then you also take out the nonusable area with 2 the rocks and marsh land and it shrinks the area 3 down. We have a lot of Ski-Doos and whatnot. 4 There's a lot of beautiful kayaks 5 like the young lady mentioned and we welcome them, 6 but, no, I don't think that this should be allowed. 7 Thank you. 8 CHAIRPERSON NAGY: Thank you very 9 much, ma'am. 10 Is there anyone else that would like 11 to address the commission? 12 Seeing none I will close the public 13 hearing responses. 14 I'm sorry, Madame Secretary, do we 15 have any correspondence. 16 MEMBER KOCAN: We do, Madame Chair. 17 We have responses to the public hearing form and I 18 have seven approvals and 28 objections and if you'll 19 bear with me I will be reading parts of each of them. 20 So the court reporter knows the names and 21 addresses are on each of the forms so I'm not going to 22 spell each of them. I am going to discuss them all. 23 The approvals first. 24 From Mark Walls, 44800 Bayview Drive. 25 The reason for approval increased accessibility of the 28 1 lakefront for handicapped individuals. Provides 2 residents with a boat launch. In the spring and other 3 wet times the raised walkway would keep low areas of 4 walk down to the existing docks from being disturbed. 5 It would also provide revenue for much needed projects 6 around the community. 7 Approval from Keith Mannor, 44700 8 Bayview Drive. Believes it would add value to the 9 area. 10 Approval for two sites owned by 11 Haitham Semma, 1611 West Lake Drive, 1623 West Lake 12 Drive. Believes the request is great for the City, 13 the lake area and the community. 14 A. Nels Carlson, 44700 Bayview 15 Drive. Supports this because of increased property 16 values and believes it's already been authorized by 17 the DEQ. 18 John Martin, 44800 Bayview Drive, 100 19 percent in favor of the plans. 20 Cynthia Harrington, 44950 Bayview 21 Drive, approves. 22 The objections. First by 23 George Kiba, K-i-b-a, 1127 South Lake Drive. Believes 24 the lake is overcrowded, makes a comments that it 25 appears an umbrella board composed of planners from 29 1 Walled Lake and Novi should rule on such matters. It's 2 upsetting further the birds' sanctuary and 3 overcrowding are other opposing reasons. 4 Gerald Ross, 1911 West Lake Drive. 5 Objects because when the development was first built 6 the condo owners knew of the keyholing ordinance and 7 the opposition to more boats on the lake they were 8 allotted. Let the current owners have a lottery for 9 those slips. No more. 10 Roger Curtis, II, 1192 West Lake 11 Drive. States that the original stipulation was that 12 there would be no development and usage of the lake in 13 the woodlands and wetland. Believes that the 14 development company that purchased this property has 15 not lived up to the original agreement. 16 Susan Curtis, 1192 West Lake Drive, 17 objects because the old DNR permit allowed ten boats 18 every summer. Every summer there are typically twelve 19 to fourteen or more boats on the docks. In the last 20 three years there has been a boat lift in the lake 21 next to the docks. In the winter on the shore the 22 lift in the docks are being stored. Also the 25 foot 23 green bumper across the lake front and the backside of 24 the property has been cut on. There's all night 25 parties and campfires already on the property. 30 1 Joann Aloe, 1529 West Lake Drive 2 objects because the boat launch will encourage 3 nonresidents to bring boats. Concerned also about 4 water quality problems coming in from other lakes 5 foreign to Walled Lake and condo owners who bought 6 there did so knowing Walled Lake had a limited number 7 of access points with the protection of all. 8 David Boyer, 1191 West Lake Drive, 9 objects because of overcrowding. All residents with 10 property on the lake should be part of this proposal 11 and I guess I have a question with that comment. It 12 was also stated that the public notice was received on 13 11-16. Which is three days prior to the meeting. Is 14 that within our notice requests? 15 MR. SCHMITT: That was within the 16 notice request time and obviously we can't control how 17 quick the mail gets to them. They were sent out in 18 the time required. 19 MEMBER KOCAN: That was in the 20 letter. I just wanted to address that. 21 Objection from James Bolz, B-o-l-z, 22 1689 Harbor Cove, strongly objects. Number one, 23 directly violates the lake front property protection 24 ordinance. Number two, further disrupts this wetland 25 area. Establishes a precedent of a walkway through 31 1 wetlands. Number three, this is a keyhole. There is 2 too little lake front for this many residents and 21 3 boat slips are not justifiable. It would create a 4 true marina. Number four, who will regulate and 5 monitor the launch. "I foresee numerous launches of 6 Jet Skis and other boats." 7 Christy Weindorf, 1641 Westland Lake 8 Drive. Keyholing. No control over company boats. 9 "Hasn't this been turned down before?" 10 Elizabeth Casemore, 1155 South Lake 11 Drive, objects because of water pollution, boat 12 traffic access, destruction of the swan area. 13 Bernard Grisco, 1127 South Lake 14 Drive, objects to boat launch. 15 Marilyn Hickman, 1127 South Lake 16 Drive, access needs to be limited in order to keep the 17 lake protected and beautiful. 18 Carol Johnston, 1601 West Lake Drive. 19 "What about the one boat to each 40 feet of property 20 you own? How can these people keep getting more than 21 the lake front property owners who are paying higher 22 taxes. This has to stop." 23 Stephanie Spackman, 1653 West Lake 24 Drive, the wetland should not be compromised. 25 Kenneth Penn, 1929 West Lake Drive, 32 1 believes that a boat launch is a DNR issue. 2 Overcrowding on the lake, strongly opposes any 3 additional boat slips. 4 Sarah Gourlay, 124 North Haven, 5 states years ago she's been mowing behind -- "Years 6 ago I have been mowing behind my house. They did not 7 want me to. Mowed the weeds and they put a lock on my 8 gate. I mowed back there for 43 years and we on this 9 side of the street are not allowed down to the lake. 10 So we do not get any use of the lake behind my 11 property or anyone else on this side of North Haven." 12 Virginia Runyon, 1155 South Lake, 13 objects because of environmental noise pollution, lake 14 access issues. 15 Carl Laurie, 1127 South Lake Drive. 16 They already have the allowed boat slips. Swans are 17 nesting in that area. It would contribute to 18 overcrowding. 19 Roland McMichael and Mary McMichael, 20 1127 South Lake Drive. "Absolutely not. Don't let 21 the ongoing Sandstone fiasco blur your vision." 22 Joseph T. Ross, 1127 South Lake 23 Drive, objects. 24 Carl Andrew Travis, 1127 South Lake 25 Drive, objects because of too many boats and it's in 33 1 violation of City ordinance. 2 Tim Richardson, 1511 West Lake Drive, 3 objects because there's already enough boat slips. 4 "Same thing as keyholing which is not allowed in 5 Novi." 6 Arthur Zelinsky, 1155 South Lake 7 Drive. "There's currently overcrowding on the lake. 8 Could become hazardous." 9 Carol Smith, 1127 South Lake Drive, 10 overcrowding. Requesting extra boat spaces when other 11 places can't have more. 12 Looks like Gary -- G-r something 13 N-d-s-k-e, 116 North Haven. They already have a lot 14 of boat slips now. 15 Rebecca V. Gulyas, 1155 South Lake 16 Drive, overcrowding and wetlands are issues that she 17 objects to crowding more. 18 Harold Ward, 1127 South Lake Drive, 19 this will increase boat traffic. 20 Joseph Cameron, 1127 South Lake 21 Drive, too much traffic on the lake. Especially 22 during the weekends. 23 And I cannot read the name. I 24 believe it's 135 North Haven. No wetland should be 25 destroyed for a boat launch. Also there's 34 1 overcrowding on the lake. 2 Those are all of the responses I 3 have, Madame Chair. 4 CHAIRPERSON NAGY: Thank you very 5 much, Madame Secretary. With that I will turn this 6 over to the commission. Mr. Avdoulos? 7 MEMBER AVDOULOS: Thank you, Madame 8 Chairman. 9 MR. EVANCOE: Just before the 10 commission goes into its discussion I would like to, I 11 guess, correct the correction that was offered by the 12 applicant on one point. She mentioned a disagreement 13 about this turnaround that has been proposed by our 14 planning and traffic consultant. That turnaround is 15 actually suggested to be down near the water at the 16 point where the launching would take place. It's not 17 to replace or somehow interfere with the existing 18 turnaround that's closer to the residences. 19 CHAIRPERSON NAGY: Thank you. I 20 think all the commissioners I can speak for that's how 21 we read it, Mr. Evancoe, but thank you for that 22 correction. 23 Who would like to start. 24 Mr. Avdoulos? 25 MEMBER AVDOULOS: First of all, I 35 1 guess throughout all the correspondence and 2 information that we received I didn't see anywhere -- 3 and anybody can correct me if I'm wrong -- about the 4 big issue being barrier free access to the boat 5 docks. All I read and all I saw was that we want to 6 propose ten extra boat docks, a drive down to the boat 7 launch, a boardwalk and nothing that -- the applicant 8 has not provided a narrative in any form or fashion on 9 the drawings that indicated that part of this project 10 is to provide access for barrier free and that's first 11 and foremost. It's not that I have a problem with it. 12 It's just that it was never brought up in any of our 13 literature. 14 If the issue is to provide barrier 15 free access to the boat docks then I don't see any 16 problem if the applicant would've come forward to 17 provide access to the existing boat docks and, you 18 know, work at that, but to create a whole set of new 19 docks, provide access to it and indicate that they're 20 basically for barrier free purposes, I just didn't 21 like the way that was presented. There is no question 22 that nobody wants to deny anybody use of the lake. 23 There's a couple of questions that I 24 have, Madame Chair. One of them is in regards to -- 25 and I did have the same question whether this is a 36 1 dock or is this a marina and one question I have to 2 the applicant is for the extra docks and for the docks 3 that are sitting there now, is anybody paying any 4 money for this? Are these docks dedicated? Are they 5 reserved? 6 MR. EVANCOE: These are privately 7 owned. They are privately owned by condominium owners 8 who own these docks. 9 MEMBER AVDOULOS: So do they own them 10 or do they pay a monthly fee or rent? 11 MR. KEAST: No. They own them. They 12 purchase them and own them. They pay no fee other 13 than the association dues toward maintenance. 14 MEMBER AVDOULOS: So based on that, 15 then, I go to the counsel. The question as to whether 16 this is dock or a marina, I read the commentary and I 17 was looking at the same time at the City of Novi 18 ordinance with regard to waterways. And I sort of 19 came to the same conclusion and I just wanted at least 20 for the record, you know, for our guidance to help us 21 along. And you state your opinions 22 MR. FISHER: Okay. Thank you. Essentially 23 there are two avenues of thought that are relevant 24 here. First of all, treating a commonly owned and 25 utilized dock like this as a marina is consistent with 37 1 the statewide trends. I believe that the rulings of 2 the DNR slash DEQ are consistent with that, including 3 homeowner's associations, that operate a dock like 4 this for -- that is commonly used by a number of 5 people is considered to be a marina. 6 I am familiar with a case in the 7 Oakland County Circuit Court decided in 1993 by one of 8 our senior jurists, now the Honorable Richard Kuhn, 9 that did have a specific case right on the point of 10 whether 11 or not a homeowner's association is a marina and 12 indeed he held it was a marina. 13 The second avenue of thinking on this 14 type of issue is to look at the ordinance for the 15 purpose of determining what it attempts to do. If you 16 read the ordinance as a whole what you find is that 17 this is not -- this is not a dock that is a single 18 family residence where one person is responsible for 19 the entire structure and for what occurs there. It 20 isn't anything that is one home and one dock and where 21 you have this common facility. The ordinance is 22 attempting to get at things such as whether or not the 23 State permit has been issued for obvious health, 24 safety and welfare considerations there. Whether the 25 dock structure and facilities are safe because you 38 1 don't have a one-on-one thing where somebody is 2 responsible only for themselves. Whether there are 3 minimum specifications for a dockage purpose when you 4 have a common scheme. Whether there is sufficient 5 parking available, because if there isn't sufficient 6 parking what is going to happen there? Whether there 7 is adequacy in terms of toilet facilities as well as 8 any boat cleanout facilities for sanitary purposes 9 and, lastly, an attempt to make sure there is the 10 absence of pollution. All of these criteria in this 11 ordinance are legitimately directed to a common scheme 12 of boat ownership and usage at the water front in an 13 effort to make sure that these very precious and 14 valuable lake resources are maintained and conserved 15 in a proper manner and that they are safely used. And 16 if you put all of that together in this situation, it 17 would seem fairly clear that the intent of the 18 ordinance is to regulate this facility. 19 CHAIRPERSON NAGY: Thank you. 20 MEMBER AVDOULOS: Thank you. Yeah, 21 and I guess that dovetails into one of the questions I 22 had and it was a real simple one. The drawings have 23 not been sealed and typically engineering drawings 24 when they're presented they're sealed because somebody 25 takes responsibility for them. The zoning ordinance 39 1 indicates that the documents should at least 2 accommodate a capacity of 200 pounds per foot. So you 3 have design criteria to make sure the dock is adequate 4 and safe for the users. That is within the ordinance 5 and along with that are issues as to licensing. Does 6 the owner of this dock have to be licensed? Whether 7 they put this new one now or the existing now, do they 8 have to maintain it on a yearly basis as it's stated 9 in the zoning ordinance? Is there enough parking 10 spaces on-site? Because the parking is one space per 11 two berths so if they're looking for -- it will be a 12 total of 20 something spaces so two berths and then 13 plus the one space per five foot of dock length. 14 None of that is depicted on the 15 drawings so we can make the determination of what is 16 going on. Is there an environmental impact study? 17 The engineer on the drawings indicates there is not. 18 MR. KEAST: Excuse me, sir. 19 CHAIRPERSON NAGY: Sir, you may not 20 interrupt the commission at this point. 21 MEMBER AVDOULOS: I did not ask a 22 question. 23 CHAIRPERSON NAGY: When he asks a 24 question. You can let him finish. 25 MR. KEAST: I apologize. 40 1 CHAIRPERSON NAGY: It's up to the 2 Commissioner right now. 3 MEMBER AVDOULOS: The other thing was 4 the fact that the Fire Marshall recommending a 5 turnaround area at the base of the proposed dock and 6 one of the commissioners has indicated that that is a 7 260 foot long drive that you're going to go backwards 8 and is twelve feet wide so it seems kind of difficult 9 to do in that configuration that's shown. 10 The whole issue when I first read 11 this comes up to what happened years ago where a 12 deficiency of 930 feet of lake frontage was waived by 13 City Council; 1,275 feet minimum required, 345 that's 14 present. So the property itself received in my 15 opinion the maximum that it could receive at that time 16 and it received a waiver. The intent of the previous 17 Planning Commission was to limit the overuse of the 18 lake, limit the stress on the natural environmental 19 features, conserve and develop these natural resources 20 and City policy is to protect these lakes in 21 overusage, degradation or destruction. I'm not 22 indicating that ten more boats are going to cause a 23 big problem, but this slip along with the next slip is 24 going to basically wipe out the 345 feet of beach 25 front that this piece of property has. 41 1 And there's a lot of other issues 2 that are involved and I'm sure the other Planning 3 Commissioners have their opinions and comments and 4 statements, but based on the zoning ordinance, as it 5 relates to the lake front use standard in the intent 6 of City policy within the ordinance, right now I can't 7 support an approval of this project. 8 CHAIRPERSON NAGY: Thank you, 9 Mr. Avdoulos. 10 Do we have any other further 11 comments? Mr. Shroyer? 12 MEMBER SHROYER: Thank you, Madame 13 Chair. I have just a few questions and most of them 14 will be addressed to the City. First of all, in 15 regard to the license issue are there other, quote, 16 unquote, marinas within the City of Novi currently 17 licensed? 18 MR. SCHMITT: South Point 19 Condominiums are probably the only thing. I don't 20 believe they are actually. 21 CHAIRPERSON NAGY: There's no marinas 22 in Novi. 23 MR. KEAST: It's not a licensed 24 marina. 25 MEMBER SHROYER: The second question 42 1 I would have and this is primarily because I am not a 2 boater, sailer, whatever the proper term is. 3 Referring to the kayaks that are currently being used 4 and I'll address this to Mr. Keast. 5 MR. KEAST: Yes, sir? 6 MEMBER SHROYER: How are the kayaks 7 currently being launched that don't own a boat slip? 8 MR. KEAST: Probably could best ask 9 one of the individuals who was up here earlier. 10 MR. SCHMITT: I know they can get it 11 down there. 12 MR. KEAST: They are currently being 13 carried down to the launch from the shore, through 14 existing wetland areas in the shore. 15 MEMBER SHROYER: At least for the 16 kayaks they wouldn't need a concrete slab out in the 17 lake to launch a boat. 18 MR. KEAST: That would be true. 19 MEMBER SHROYER: They can do it right 20 from the shore. 21 MR. KEAST: That would be true. 22 MEMBER SHROYER: Has there been any 23 consideration for any type of storage and I know 24 that's all a whole new set of ordinances and 25 everything else? 43 1 MR. KEAST: My understanding as I was 2 indicating earlier both DNR and DEQ have been involved 3 in this project for three years and approved things 4 after extensive study and I might mention after -- 5 it's not as though the City has been ignored in this 6 process. The planning staff was involved in this 7 process in October of 2000, I believe. So at any rate 8 the ordinance- 9 MEMBER SHROYER: (Interposing) DNR 10 would not permit. 11 MR. KEAST: DNR has indicated that it 12 is not something they would find acceptable. 13 MEMBER SHROYER: Thank you. This can 14 maybe go to Aimee Kay. 15 One of the statements in our packet 16 says there was incorrect statement addresses. Can you 17 address that for me, please. 18 MS. KAY: Aimee Kay, JCK and 19 Associates Consulting of Novi. 20 I'm going to defer to my letter of 21 August 27th, 2002. On the first page I think you're 22 referring to I mentioned that -- I'll read part of it 23 and then I'll answer your questions. 24 Well, the plan that was submitted to 25 our office did lack significant information. What we 44 1 usually look for in a plan submittal is a recent 2 wetland boundary flagged up and marked in the field 3 and we go out and verify the flagging. We see if it 4 matches the plan submittal and we go through what the 5 proposed impacts are going to be. 6 I mentioned on the first page of that 7 we did receive what seemed to be an overlay or a copy 8 of the prior submittal from 1988. And it lacked 9 significant information as far as cross sections. We 10 waived at our discretion any wetland boundary since I 11 had seen the site twelve years ago and felt 12 comfortable in general the layout with the wetlands 13 did represent the wetlands and lakeshore hadn't 14 changed significantly, but that's what I meant by that 15 depiction. We did have some problems with the plan 16 overall just because we usually do require more 17 information on the plan. 18 MEMBER SHROYER: Thank you very much. 19 Leafing down through basically 20 everything by the way I am very much in favor of 21 trying to provide some type of access for handicapped 22 and I think the boardwalk is an excellent option to 23 put forth for that because at least when I went out 24 there the woodchipped path basically is gone. It's 25 disintegrated. It's been removed or whatever and I 45 1 can see how it would be very difficult for anyone with 2 a disability to be able to take advantage of the lake 3 front. However, the boat launch is not there. Does 4 not meet other requirements under Section 3662. The 5 way I read it we currently had waived and approved the 6 eleven boat slips that somewhere it said that based on 7 the 25 linear foot of lake front it could be up to 8 13. Is that correct? 9 MS. KAY: Yeah. City Council applied 10 the standard. They allowed them to have eleven at the 11 time of the initial waiver. 12 MEMBER SHROYER: If we were to 13 consider the possibility of granting an additional two 14 slips could that be added on to the existing one or is 15 that going to extend into the Walled Lake property? 16 MR. SCHMITT: I believe the lifting 17 slip would have to be extended further out in the 18 lake. I don't believe it would go far enough north to 19 reach into the actual city of Walled Lake. Is that 20 what you're asking? 21 MEMBER SHROYER: Yes. 22 MR. SCHMITT: I don't believe it 23 would reach far enough north. 24 MEMBER SHROYER: Could an extension 25 be made on the bottom portion of one of the T's to add 46 1 two more slips? 2 MR. SCHMITT: That's a matter of 3 configuration on the existing slip "T". 4 MEMBER SHROYER: The only other thing 5 I wanted to say is this: We as a commission have to 6 take seriously all the legal representations that we 7 have, Madame Chair. The representation of our staff 8 and of our consultants. That charge basically of our 9 commission is to review the ordinances and determine 10 whether or not they are appropriate and whether or not 11 they should be upheld. From what I've read and from 12 what I heard this evening from the audience and also 13 from correspondence, it's my opinion that the correct 14 ordinances are appropriate in this instance and do 15 need to be upheld. 16 Thank you, Madame Chairman. 17 CHAIRPERSON NAGY: Thank you. 18 Commissioner Paul? 19 MEMBER PAUL: I add after written 20 correspondence and four to one ratio opposing approval 21 and receiving negative responses from two other 22 associations this evening, it's just a big comment 23 and I agree with the two previous speakers. I'm not 24 going to be in support of this in the matter of 25 Windward Bay Condominiums SP02-37. Motion to deny the 47 1 preliminary site plan and wetland for the following 2 reasons: Windward Bay Condominiums must obtain a 3 license under the provisions of Chapter 36, Article 2, 4 Division 2 of the Novi City Code in order to construct 5 and operate ten new seasonal boat slips and a 6 boardwalk and boat launch. Gerald Fisher's letter 7 dated October 31st, 2002. 8 Section 36 dash 31 is in violation 9 because it is unlawful for any person to engage in the 10 business of operating a dock and/or marina without 11 obtaining a license under the division. The violation 12 in Section 36 dash 32 requires any person wishing to 13 engage in the business of operating a dock or a marina 14 must apply to the Building Department for a license 15 and this must be examined by a professional engineer. 16 The number of boat docks proposed are 17 in excess of the 13 committed boat slips per Section 18 36 dash 62. The proposed site is in violation of the 19 City of Novi's design and construction standards 20 Figure 9 dash 6. The intersection is not in a 90 21 degree angle to the existing asphalt pavement and the 22 width is less than 16 feet at 12 feet currently. A 23 turnaround area is not provided for the 300 foot boat 24 launch and a boat launch is not permitted in a lake 25 sight per ordinance 36 dash 62. 48 1 The plan did not meet the wetland and 2 water course protection ordinance and the wetland and 3 water course setback by the zoning 92 dash 98. The 4 plantings and borders are installed at the end of the 5 parking area at the turnaround to prohibit vehicles 6 from entering the area. That the existing forest 7 wetland area remain undisturbed. That the woodchip 8 path not exceed five feet in width. That the 9 herbaceous vegetation along the northern borderline 10 property line and adjacent to Walled Lake remain. 11 That the limit of actual lake front of 1.5 acres 12 within the southeastern portion of the project allow 13 herbaceous vegetation to remain. Have ten seasonal 14 boat slips. Limited, maintained mowing area and 15 minimal beach standing. Five boats to be greater than 16 five horsepower and five boats to be less than five 17 horsepower. 18 CHAIRPERSON NAGY: Do you have a 19 second to that motion? 20 MEMBER KOCAN: Support. 21 CHAIRPERSON NAGY: The motion has 22 been made and seconded. Do I have any additional 23 comments from the commissioners? 24 Commissioner Markham? 25 MEMBER MARKHAM: I appreciate 49 1 especially Mr. Avdoulos's comments. They were very 2 thorough so I'll try not to be redundant but I do want 3 to go on record with my opinion as to where this falls 4 for me. For me the issue is really ordinance 5 compliance. The ordinance, the watercourse ordinance 6 is written specifically to address issues of density. 7 If we didn't know how many people lived in this 8 particular unit, but we went all the way around the 9 lake and we divided it up evenly according to how many 10 people could be around the lake, that's how I believe 11 the density requirements and the frontage requirements 12 were developed and just because this condominium 13 complex has 51 units doesn't mean they should have 14 access for 51 boats. If we did that for every 15 condominium complex or multi-family unit that wants to 16 be around Walled Lake we would have more boats than we 17 need. So I believe the frontage requirements are 18 valid and should be upheld. 19 The boat launch for me is a real open 20 question. We haven't discussed it very much tonight 21 because I think there have been other issues that have 22 overridden, but I see a lot of potential for lack of 23 control of this boat launch and for people to be able 24 to use it -- or people to try to use it that shouldn't 25 be able to use it on a regular basis. So that is 50 1 something that I am very uncomfortable with and mainly 2 for the reason that this is not in compliance with our 3 existing ordinances in several cases, I will be 4 supporting the motion to deny. 5 CHAIRPERSON NAGY: Thank you, very 6 much. Do I have any further comments? Commissioner 7 Papp? 8 MEMBER PAPP: Thank you, Madame 9 Chair. I would like to say I agree with my fellow 10 commissioners. I too had a problem with the boat 11 launch and the turnaround and the twelve foot driveway 12 and also the 260 foot length and also the problem with 13 the ordinances and the way they're written and the way 14 that they want them to amend this. So I too will be 15 supporting the motion. 16 CHAIRPERSON NAGY: Thank you. 17 Commissioner Kocan? 18 MEMBER KOCAN: Our charge is the 19 ordinances and that is always a major issue and that 20 is the reason I support the motion. I would -- and I 21 believe that the people in the condominium area would 22 be especially pleased if this developer would address 23 the handicapped issue without adding any additional 24 boat slips and a boat launch. If it's that important 25 And they're on record stating that this evening, if 51 1 they need to do that, then they should do exactly that 2 and I would applaud them if they do. Thank you. 3 CHAIRPERSON NAGY: Commissioner 4 Sprague? 5 MEMBER SPRAGUE: Yes, I would like to 6 go on record. As I considered the issue there's three 7 issues that came forward to me. The first is the 8 handicapped access and, as Commissioner Kocan just 9 said, I would be in support of providing handicapped 10 access and placing a path to the boardwalk to the 11 existing slips. I don't really think that's a 12 rationalization to put in a boat launch and seasonal 13 slips, though. 14 Another issue is what I would 15 consider an equity issue. I think there are 16 ordinances set up so that there is access to the lake 17 and people have rights to the lake that have some 18 distribution of equity. I think to grant a waiver in 19 this case would be going beyond that. I can envision 20 under the circumstances saying let's put more slips 21 here, then the next group is going to come ask for 22 more slips and the next group. We'll have no basis to 23 say no and I don't think that's where we want to go. 24 The third is the preservation of the 25 environment. I think when that development was put in 52 1 it was a negotiation with the deal about how the 2 environment would be left and I don't think there's 3 any reason now to say we should change that. If we 4 want to improve it by putting a boardwalk in that 5 would be great but I don't think that putting a launch 6 in enhances the environment nor does adding boat 7 slips. So I will support the motion. Thank you. 8 CHAIRPERSON NAGY: Commission 9 Shroyer? 10 MEMBER SHROYER: Yes, thank you 11 Madame Chair. Mr. Fisher, counsel, approving a waiver 12 to allow eleven slips in the past, do we need to amend 13 the motion to say eleven as opposed to ten as the 14 motion was made? 15 MR. FISHER: The motion -- I think 16 it's to deny ten additional. 17 CHAIRPERSON NAGY: Right. That's the 18 motion. 19 MEMBER SHROYER: That's fine, then. 20 Thank you. 21 CHAIRPERSON NAGY: If there is no 22 further comments I would like to put my comment on the 23 record. I went out to the site this Sunday and in 24 reviewing my packet I did not see any requirements for 25 any handicapped access and maybe I just missed that 53 1 somewhere. Being a condominium owner myself as well 2 as the past president of our association I am in full 3 agreement with handicapped ordinances and am very 4 familiar with the State of Michigan's regulations with 5 regard to handicapped access and it is my 6 understanding that handicapped access is incumbent 7 upon the association to provide to their association 8 members, not for the City to provide it. 9 The second thing that I was 10 disappointed in is in reading the original minutes 11 according to the record the docks would not be sold 12 and they would be rented to the residents from the 13 association on an annual basis. And they would have 14 the right to use or have access to the rest of the 15 lake and I have questions with regards to maintenance 16 and repair and who would be responsible. With that 17 being said I also found it very interesting when I 18 went out there that that we've already had a violation 19 in 1997 regarding the buffer. Going out to this 20 property I see that they are mowing further and 21 further into the property which I think is incorrect. 22 I also see that there was a MDEQ permit granted and 23 materials already purchased, which is a little ahead 24 of itself. I also see that the -- one of the things 25 that disturbs me is that we haven't taken into account 54 1 the Jet Skis and in viewing photographs of the dock as 2 it is at the present day, I see interspersed with the 3 boats a bunch of Jet Skis and I think that is in 4 violation of the original permit which was reviewed. 5 -- I mean received and requested. 6 I am also in agreement with the fact 7 that this is our charge as a commission to uphold the 8 ordinances of this City and while I understand that 9 people would like to have access and would like to 10 have more space, we have to uphold our ordinances. I 11 also believe that we must have first and foremost 12 before even reviewing this we should have had a 13 license and with that I have nothing further to say. 14 If there is nothing further, the 15 Chair will call for the vote. 16 MR SCHMITT: Commissioner Sprague? 17 MEMBER SPRAGUE: Yes. 18 MR. SCHMITT: Commissioner Paul? 19 MEMBER PAUL: Yes. 20 MR. SCHMITT: Commissioner Shroyer? 21 MEMBER SHROYER: Yes. 22 MR. SCHMITT: Commissioner Markham? 23 MEMBER MARKHAM: Yes. 24 MR. SCHMITT: Chairperson Nagy? 25 CHAIRPERSON NAGY: Yes. 55 1 MR. SCHMITT: Commissioner Kocan? 2 MEMBER KOCAN: Yes. 3 MR. SCHMITT: Commissioner Papp? 4 MEMBER PAPP: Yes. 5 MR. SCHMITT: Commissioner Avdoulos? 6 MEMBER AVDOULOS: Yes. 7 MR. SCHMITT: Motion passes eight to 8 Zero. 9 CHAIRPERSON NAGY: Thank you very 10 much and with this the commissione will take a 15 11 minute break. 12 (A 15-minute break was taken.) 13 CHAIRPERSON NAGY: I'd like to call 14 the meeting to order again. 15 Our second public hearing this 16 evening is Venture Drive Spec Building B, Site Plan 17 Number 99 dash 53. Public hearing on the request of 18 Bennett Donaldson of J.B. Donaldson Company for 19 approval of a Preliminary/Final Site Plan and Special 20 Land Use Permit. The subject property is located at 21 Section 26 north of Nine Mile Road between Meadowbrook 22 and Novi Road in the I-1 (Light Industrial) District. 23 The developer is proposing an additional parking lot. 24 The subject property is 1.316 acres. Mr. Schmitt? 25 MR. SCHMITT: Thank you, Madame 56 1 Chairperson. Just give you a perspective on where 2 we're at here. This is the Hickory Corporate Park on 3 Nine Mile Road south and Venture Drive, running north 4 and south. The subject property is actually right 5 here. It is already built. The building was proposed 6 in the late '90s as a spec building and was approved. 7 However, the future users of both spec building "A" 8 and spec building "B" were required to come back for 9 future special land use approval and, in addition, 10 there was some questions at the time of parking 11 requirements for future user, which is another reason 12 why they're back at this time. 13 The zoning area is all I-1 for the 14 industrial part and R-4 for the adjacent Meadowbrook 15 Lake subdivision. And it is a special land use. It 16 is master planned in the land use for light industrial 17 as well. There are two main issues 18 to look at here. The first being a ZBA variance which 19 is required for this parcel. If I can zoom in here. 20 Under a current zoning ordinance in the I-1 district 21 there is 10 foot setback from the side required of all 22 parking lots. The application has shown a 5.09 feet 23 setback here which obviously will require variance. 24 The applicant has worked with City 25 staff and we have decided this is more than likely the 57 1 best course of action. You can look at this in two 2 different ways and both would require a variance for 3 this property. Either the property can go forward for 4 variance for the actual number of parking spaces and 5 have less in the required amount or they can propose 6 this parking also and have the variance with the side 7 yard set back. 8 Now, in terms of the long-term view 9 ability of the property and from the site planning is 10 the preferred alternative. The applicant has designed 11 the site with the adjacent residential in mind. There 12 is no connection around the rear of the building to 13 provide for parking there. The truck docks are in 14 front of the building which preclude some parking in 15 the front of the building; therefore, this is probably 16 the most realistic alternative for Mr. Donaldson. 17 In addition, the other issue is the 18 traffic. There's an opposite side driveway spacing 19 waiver required here. This is from the property. 20 This is the Venture Drive building we're talking 21 about. They do need a waiver for this spacing. 22 The applicant is required to submit a 23 noise analysis for review by the planning department 24 and commission. Given the fact that this was a 25 speculative industrial building there was a noise 58 1 analysis done with the initial approval. It was 2 virtually the same noise analysis which you have in 3 front of you today. The user that came into the 4 building did not significantly change the calculations 5 and, in addition, the Venture Drive Spec Building A, 6 which received special land use approval for the user 7 work room within the past year, used the same noise 8 analysis. Therefore, some continuity is a good idea 9 in a situation like this and given that the consultant 10 had already done the noise analysis it was the best 11 course of action to maintain that consultant for this 12 user. 13 There are no major issues in any of 14 the other disciplines. No wetlands or woodlands were 15 located on the site. There are minor landscaping 16 comments. There was no facade given to the building. 17 It's already built and the fire department has no 18 comments. Thank you very much. 19 CHAIRPERSON NAGY: Thank you. Would 20 the applicant like to address the commission? 21 I would appreciate your keeping it to 22 three minutes. 23 MR. DONALDSON: Three minutes? 24 CHAIRPERSON NAGY: I'll give you 25 five. 59 1 MR. DONALDSON: Fine. I'm Bennett 2 Donaldson with J.D. Allen company. I'm here for 3 special land use approval, preliminary and final site 4 plan approval. Basically, I guess the way to put it, 5 is a building use approval as well. The building's 6 been here for roughly approximately three years. It's 7 been vacant that whole time. We were fortunate enough 8 to get Carpet Work Room in relatively quickly after 9 we built the buildings but the second building has 10 been slow to move. I think, though, that we have been 11 very fortunate in finding a very good user for the 12 site. Very low impact as far as truck traffic is 13 concerned. He has said to me that, you know, at the 14 most they'll have two deliveries a month. I believe 15 their statement says one delivery a week but he feels 16 it's more of two deliveries a month, which I know the 17 residents would appreciate and I feel that I've got a 18 pretty good understanding of that special land use 19 side of the street as far as what the residents are 20 trying to accomplish over there from the developer and 21 I think we've done our best to facilitate them as far 22 as bringing in users that would complement that use 23 there. 24 The sound study that was done was a 25 carry over basically from the previous sound study 60 1 that we did for our carpet work room and the overall 2 development of those two buildings. We felt that 3 since it had been approved previously and, as Tim had 4 suggested, offered some continuity in the overall 5 approval process that that would be sufficient. 6 In addition to that, you know, I know 7 that we have to go in front of the ZBA to address the 8 side yard setback so I don't think this is necessary 9 for me to talk about the arguments part of that, if 10 that is a good idea, bad idea or what have you. 11 Anyways we feel very good about the 12 user. I've given you some pamphlets to sort of 13 summarize who the user is, what they do. I don't know 14 if any of you had the opportunity to see their 15 operation but the bulk of their lion share of their 16 actual physical work will maintain and be completed in 17 a Dearborn facility, things such as cleaning the 18 furniture. 19 Basically the business is a fire 20 restoration company. If you have an unfortunate, you 21 know, fire in your home they come in, they'll work 22 with the insurance companies to repair your home, take 23 your furniture out, clean it if necessary, clean your 24 curtains and then they'll warehouse it until the time 25 which you can move it back into your home after 61 1 they've cleaned it up, painted it, fixed it, what have 2 you. So that is really the nature of their business. 3 This building is really of an administrative nature 4 for them and storage. 5 There's a letter which Jim Mester 6 (ph) who represents Sun Glow has issued to the 7 planning department. I think you all have a copy of 8 it suggesting sort of what their plans are for the 9 building. While limited washing area will be in that 10 building but, for the most part, they're going to have 11 their administrative staff there. They're going to be 12 storing their dryers, their vacuums and things of that 13 nature in the building. So we felt the use was 14 consistent with what everybody is trying to accomplish 15 and we hope the commission sees clear to approve it. 16 CHAIRPERSON NAGY: Thank you. Is 17 there anyone in the audience that would like to 18 address the commission regarding this public hearing 19 of Venture Drive Spec Building? 20 Seeing no one. Do we have any 21 correspondence? 22 MEMBER KOCAN: No, we do not. 23 CHAIRPERSON NAGY: Seeing none, I'll 24 close the public hearing and turn it over to the 25 commission. Yes, Mr. Coburn? 62 1 MR. COBURN: I would like to make a 2 clarification. The opposite side driveway spacing 3 waiver is actually to the north of the J.H. Bennett 4 site as mentioned. 5 CHAIRPERSON NAGY: Member Kocan? 6 MEMBER KOCAN: Thank you, Madame 7 Chairman. I would propose that we divide this into 8 two issues and talk about each of them separately and 9 I first propose we talk about the special land use 10 because we need to get past that before we can get to 11 the preliminary and final site plan. So if that's 12 agreeable I'm going to start with the special land use 13 and it is extremely important you come back before us 14 because this is light industrial which applies to that 15 production. It is very near and deer to my heart and 16 my home. So it's important that we know that there's 17 some compliance with the ordinances. So I do have 18 some questions for you, Mr. Donaldson. First of all, 19 I guess I'll start with the noise analysis. 20 MR. DONALDSON: Yes. 21 MEMBER KOCAN: And we've talked about 22 that in the past? 23 MR. DONALDSON: Yes. 24 MEMBER KOCAN: As a matter of fact, 25 March 6th Jan Sar was in front of the Planning 63 1 Commission and we did have a noise analysis report 2 from, I believe, the same certified industrial 3 hygienist and at that time I made the statement that 4 this person did not, in fact, have the certified sound 5 engineer certification on the curriculum vitae. 6 MR. DONALDSON: Yes. 7 MEMBER KOCAN: And I was concerned 8 about this setting a bad precedent to get a report 9 done by a hygienist and we talked about that at that 10 meeting and we stated that we would no longer -- at 11 least I stated that I -- and it was endorsed by the 12 chairperson at that time that it was very important 13 that we state the ordinance, the noise ordinance was 14 revised in 1999 so maybe up until that time we did 15 accept noise analysis reports from an industrial 16 hygienist. We lowered the decibel levels that were 17 allowed next to residential and we also required that 18 a certified sound engineer make a presentation. So, 19 as I stated in March, even though I believe that this 20 development could, in fact, comply with our ordinance, 21 on principal I need to request that we get a certified 22 sound engineer. I don't believe I would go to a sound 23 engineer and ask him to do an environmental odor or 24 pollution report and so I can't go to an industrial 25 hygienist and ask them to do the noise report. So 64 1 that's one stipulation I'm going to ask for before I 2 can approve this special land use. 3 The other things that I'm looking at 4 as stated in ordinance is Section 1900. The intent of 5 the light industrial is very clear that we have to be 6 sensitive to the residential and we have to ensure 7 that there are no odors, no other situations coming 8 from the building. So I have some questions. Because 9 when I read the information from Sun Glow, they are a 10 restoration service and it talks about how the 11 facility in Novi plans to be a warehouse and office 12 space and they plan to do their cleaning in Dearborn 13 Heights. To me there's still room that this operation 14 could end up coming over to Novi. So what I need to 15 know is are the cleaning services similar to a dry 16 cleaning type operation, because if they are that's 17 not allowed in light industrial. If, in fact, the 18 cleaning is going to be done in Novi, which it doesn't 19 state that, but I'm trying to protect everybody here, 20 will there be release of odors. There's chemicals 21 that are being stored in the building that are 22 household items and there are other chemicals that are 23 nonhousehold items and if you're cleaning and you're 24 using solvents you're going to have to have exhaust 25 fans and if you have exhaust fans they're going to 65 1 exhaust out of the building. This development does 2 directly abut residential property. 3 So we have a report from the 4 industrial hygienist on the noise. I'd really like to 5 see him do a report on the potential odors for any -- 6 the fumes, if there would be any fumes, that would 7 come from the building. I'm not comfortable with 8 approving special land use without having that. If we 9 were able to have that. 10 Let me see what else we have to look 11 at. We have to make a finding that the use meets the 12 zoning and if, in fact, it is not a dry cleaning and 13 it is mostly warehouse and office, it would meet the 14 ordinance 1905, the uses that are allowed next to 15 residential. We will be stipulating that the 16 ordinance when we do the site plan we will be looking 17 at the conditions that are required so we can make a 18 finding that it is in harmony with the site design 19 regulations. We haven't gotten there but I suspect we 20 will. 21 What other questions? Did I have? 22 This is just for the special land use. I just want to 23 make one more comment about the sound engineer report 24 just to state that maybe it is something that we need 25 to bring up to the Planning Commission. I think our 66 1 ordinance is fine the way it is. I think we need to 2 continue to enforce it. That's my recommendation; 3 however, it could at some point be something brought 4 to implementation should anyone think that that would 5 be appropriate. 6 Given that, I would be willing to 7 make a motion pending unless we want additional 8 discussion -- 9 MR. FISHER: May I? 10 MEMBER KOCAN: Mr. Fisher? 11 MR. FISHER: Before you make a 12 motion, this is a special land use and as a result of 13 that the commission is authorized to impose reasonable 14 conditions in connection with the proof and, provided 15 that this works for the applicant, you would be 16 permitted, for example, to include in your motion if 17 you're going to make a motion of approving the 18 condition, that the use would not be permitted to have 19 fumes that escape or travel to the adjoining 20 residential and, therefore, you're never going to be 21 able to figure out each and every activity that occurs 22 on the property and that may be unreasonably limiting 23 to the applicant. But if the applicant would indicate 24 that there would not be fumes traveling over to the 25 residential property and you have a condition such as 67 1 that, in the event fumes occurred in the future, that 2 would be a violation of the use, an impermissible use. 3 MEMBER KOCAN: Could we ask the 4 developer, Madame Chair? 5 CHAIRPERSON NAGY: Yes. 6 MR. DONALDSON: Yeah. We would not 7 be opposed as to what you suggested an industrial 8 hygienist to check the air quality to make sure that 9 they're not emitting any fumes. I can submit to you 10 in their documentation as far as the chemicals that 11 they use it is mostly all detergents and whatnot. 12 Nothing of a toxic nature or what have you, but I am 13 not -- we're not opposed to that and we would be happy 14 to prove our case so to speak as far as the fumes or 15 if any emissions at all are of an unsafe nature. 16 MEMBER KOCAN: Would you also be 17 amenable by noise analysis by a certified sound 18 engineer? 19 MR. DONALDSON: We would if the 20 commission finds that necessary. Like I said, we have 21 precedence in the City for the previous projects that 22 we've done that has been adequate and with the traffic 23 being such as far as, you know, all this -- the sounds 24 have been based on truck traffic and with this user's 25 truck traffic being less than say carpet work or 68 1 J.H. Bennett both using industrial hygienists it would 2 certainly be in compliance, but we are not opposed if 3 the commission finds it necessary for us to do another 4 sound study with the registered sound engineer. We're 5 not opposed to that. I just don't know. Common sense 6 wise it says to me if these guys have one delivery a 7 week at the most -- and this it what the study is 8 based upon -- it just seems that that's not -- we 9 would be doing it. 10 MEMBER KOCAN: Technically, though, 11 if I'm correct, Mr. Fisher, the truck traffic noise is 12 not considered under our ordinance, is that correct, I 13 mean, the State of Michigan allows truck traffic and 14 that is not a consideration from what I understand 15 within the noise ordinance that what we do is 16 considered the air conditioning noise. 17 MR. FISHER: That's generally the 18 case, but I assume that if you have regular traffic on 19 the site that is in circulation then you would have to 20 look at the ordinance to confirm the regular traffic 21 on the site for circulation. You may take that into 22 consideration in terms of the overall impact in your 23 discretion and improving special land use. 24 MEMBER KOCAN: I understand. I think 25 what it is, if there is an idling of a truck they're 69 1 allowed to idle is what I was thinking. And something 2 just crossed my mind. 3 MR. DONALDSON: I was just going to 4 say that our mechanical units, we have a residential 5 mechanical unit so the furnaces are inside the 6 building with residential condensers on the outside of 7 the building. There will be two residential 8 condensers just as in the Carpet Work Room. Almost 9 the same set up but, again, if the commission finds it 10 necessary for to us do another 11 Sound analysis we will but I don't know if that's necessary. 12 MEMBER KOCAN: Can you state for the 13 record what the hours of operation would be for this 14 building. 15 MR. DONALDSON: As I recall -- and 16 I think this is in the letter but I don't completely 17 remember -- I think it's six days a week. It might be 18 5:00, 8:00 to 5:00. There's no unusual operating 19 hours. There's no 24 hour shifts. 20 MEMBER KOCAN: And one other thing 21 was because the letter stated that a lot of the work 22 is done for residential persons, will this be a retail 23 establishment or is this -- will there be resident -- 24 I take my burnt out chair down the street and get it 25 restored or how does that work? 70 1 MR. DONALDSON: No. This is not a 2 residential walk up, deliver your smoke damaged 3 furniture for cleaning. This is an insurance procured 4 operation where these are the certified insurance 5 contractors that goes in and takes care of the house. 6 So these relationships they build up with insurance 7 companies and they are the preferred insurance 8 subcontractor. So it is not of a retail nature at 9 all. 10 MEMBER KOCAN: Okay. In that case I 11 would be willing to suggest a motion for approval of 12 special land use for Venture Drive Spec Building, 13 SP 99 dash 53 with the following conditions: That 14 there be a submission of a noise analysis by a 15 certified a sound engineer as required by Section 16 2519.10.C. That there be a stipulation that there 17 will be no dry cleaning done in the building. That 18 there will be a stipulation preferably by an 19 industrial hygienist that there will be no odors, 20 fumes or emissions from the building. That the hours 21 of operation are such that it would be compatible with 22 the building adjacent and given those conditions this 23 would allow us to make the finding as required in 24 Section 2516.2.C. that this use is allowable under the 25 ordinance and it does comply with the Master Plan. 71 1 MEMBER PAUL: Second. 2 CHAIRPERSON NAGY: I have a second to 3 the motion. Is there any further discussion? 4 Mr. Avdoulos? 5 MEMBER AVDOULOS: Yeah, I guess the 6 concern with the odors and then I want a 7 clarification. Are things going to be brought to the 8 facility that may be in a burned condition, from that 9 point they get restored there? 10 MR. DONALDSON: No. They're not 11 an upholstery type of operation where you bring 12 something that has been burned. It's almost all smoke 13 damage with maybe some soot. 14 MEMBER AVDOULOS: Yeah, because my 15 concern is those things that would be the smoke 16 damaged items have very strong odors and I know they 17 use air scrubbers and stuff to get things out but I 18 guess the concern is those odors imminating beyond the 19 units themselves and drifting over the residential 20 area. 21 MR. DONALDSON: Right. There are 22 no exhaust fans located on the facility. They're not 23 -- the furniture or things that they would be bringing 24 would be of, you know, a smoked damage type of article 25 or item and as they stated most of their operation is 72 1 going to be, you know, handled in Dearborn facility. 2 But there will be -- there is a small area of the 3 building I think it shows in the floor plan an area 4 for washing. 5 MEMBER AVDOULOS: And then there is 6 going to be storage of any highly combustible items? 7 MR. DONALDSON: No. 8 MEMBER ADVOULOS: And I saw 9 detergents and stuff but in the letter and it is lost 10 here. I think it was like item 20. 11 MR. FISHER: While he's looking, 12 Madame Chair, I would strongly suggest the only way 13 we're going to be able to enforce this in the future 14 that if you add a condition there would be no adverse 15 odors at the residential lot line. 16 CHAIRPERSON NAGY: I thought this was 17 contained within our motion? 18 MR. FISHER: I didn't hear it as part 19 of the motion. 20 MS. KOCAN: I said stipulation that 21 there would be no odors or other emissions or fumes 22 from the building at the residential property line. 23 MR. FISHER: Yeah. So that there's a 24 test for it. 25 MEMBER KOCAN: I would accept that. 73 1 At the residential property line. 2 CHAIRPERSON NAGY: And would the 3 seconder of that motion accept the amendment to the 4 motion? 5 MEMBER PAUL: Yes. 6 MR. DONALDSON: Just a point of 7 clarity. Does this test need to happen when they're 8 in the building or while they're operating or what is 9 the best way to execute this? 10 MEMBER AVDOULOS: I don't know if 11 that is during a process or if there is a complaint. 12 MR. FISHER: The test would happen if 13 there was a complaint. 14 MR. AVDOULOS: And I guess my 15 question was answered here, if there is combustible 16 storage it would be done in accordance with Section 17 413 of the International Fire Code if there was any 18 kind of storage that the proper accommodations would 19 be taken to take care of that? 20 MR. DONALDSON: Yeah. 21 MEMBER AVDOULOS: That's all. 22 MEMBER KOCAN: Can I just add 23 something that I did have a discussion with the fire 24 chief this evening before I came to the meeting and we 25 talked about did he have a chance to review the 74 1 chemicals and he said that he had at this time and did 2 give his letter of approval and my question was so 3 what if something happens later on and they bring in 4 different operations and he did state that there is an 5 annual check, annual inspection and they do take the 6 sheets that are sumbitted and go through the buildings 7 and should they find that the operation has changed 8 that they could, in fact, bring that before the 9 Planning Commission. So we do have some resort to 10 keeping this operation as to what it's being presented 11 as, but I would still like to have the stipulations on 12 that. 13 MR. DONALDSON: And I do know that 14 Jim Mester with Sun Glow has spoken to Mike Evans 15 about what they would do with future racking and that 16 resulted in a rack sprinkler. I know that he's 17 sensitive to that as well so I think there was 18 previous doubt about the establishment with Mike Evans 19 and Jim Mester so I think that everybody there is 20 trying to meet the requirements. 21 CHAIRPERSON NAGY: Mr. Donaldson, I 22 do appreciate your submittal; however, since this is 23 at the commission please allow the commissioners to 24 answer a question instead of voluntarily speaking and 25 it will make things go along that much quicker. 75 1 MR. DONALDSON: I'm all for that. 2 CHAIRPERSON NAGY: Yes, Mr. Shroyer? 3 MEMBER SHROYER: Thank you, Madame 4 Chair. In regards to the special land use I didn't 5 have any problem at all until I got the brochure. Now 6 I have a question. I'll direct it to the City. I'm 7 not 100 percent familiar with all of our rules, 8 regulations, et cetera. My question will be regarding 9 the transportation of hazardous materials in Article 10 DOT Subsection HM 126F especially DOT Department of 11 Transportation, Subsection HM 126F. 12 Do we have designated roadways for 13 the transportation of hazardous materials? I know a 14 lot of communities do. 15 MR. FISHER: I can't tell you offhand 16 whether we do or not. 17 MEMBER SHROYER: Mr. O'Neil, Do you 18 happen to know? 19 MR. O'NEILL: I don't know either. 20 MR. FISHER: I don't think there are 21 any city established roadways. There may be county. 22 MEMBER SHROYER: Thank you. 23 And Mr. Donaldson, let me ask you in 24 regard to being such as demolition things, clean up 25 debris and removal would that include items such as 76 1 asbestos shingles perhaps in a burnt out residence? 2 MR. DONALDSON: I think you never can 3 tell what type of residence you're running into so the 4 possibility is certainly there, but I do know when 5 they are there they use hazardous disposal companies 6 to take those things away on-site, you know, where the 7 home is. So nothing is trucked back to the facility 8 to be disposed of. 9 MEMBER SHROYER: So they subcontract 10 it out to the professionals? 11 MR. DONALDSON: Yeah. 12 MEMBER SHROYER: To remove all the 13 hazardous materials so nothing would be- 14 MR. DONALDSON: (Interposing) 15 There's no point in them bringing items back to the 16 facility for disposals. It's done, you know, like any 17 other demolition project. There would be 30 yard 18 containers and if there is a hazardous material it 19 would be done in a, you know, like hazardous hauler 20 would take those things. 21 MEMBER SHROYER: Obviously the 22 subcontractors would then have to adhere to all state 23 and Federal laws so I'm sure everything is okay 24 through DOT and MDOT. That's all I have, Madame 25 Chair, thank you. 77 1 CHAIRPERSON NAGY: Thank you, 2 commissioner. Member Paul? 3 MEMBER PAUL: I have one question for 4 you, Mr. Donaldson. Special storage for contaminated 5 contents, what are you considering contaminated 6 contents? I see a brochure of molds, fire hazards and 7 I just want to clarify on the record what all those 8 items are. 9 MR. DONALDSON: Contaminated 10 contents, I don't know of any contaminated contents 11 other than the smoke damaged items. That's what they 12 usually deal with, you know, they deal with fire type 13 of contaminants. They dispose of things that are 14 damaged beyond repair. Is that under the mold 15 section? 16 MEMBER PAUL: Yes. 17 MR. DONALDSON: I think they're 18 talking about disposing of that mold. I mean they 19 have an onstaff industrial hygienist who would -- what 20 they do is they explained it to me and they have a 21 special system for disposing of the mold where they 22 capture the molds that they take it off a wall or 23 whatever and it goes to a specialty handler that 24 handles the mold as opposed to throwing in the 25 dumpster or whatever. That's what I think they're 78 1 referring to as they have the ability to dispose of 2 these toxics or whatever the black mold is or that 3 growth properly. 4 MEMBER PAUL: I'm not completely 5 comfortable with that because it says storage of it so 6 I don't know if that is storage on-site and then it 7 gets removed or storage at the site where you're 8 proposing and that concerns me. What regulations do 9 they follow, do they follow OSHA guidelines or what 10 are they? 11 MR. DONALDSON: Well, you have the 12 Health Department guidelines. You have OSHA 13 guidelines and those are mandated in there. When you 14 have a fire or something along those lines generally 15 speaking you can request that the Health Department 16 come into your home and do an air quality test. They 17 offer air quality tests. This is big business for 18 them and it's a good sector of what they do is dealing 19 with these type of molds. 20 MEMBER PAUL: Okay. Thank you. 21 For the purpose of the motion would 22 it be something that you would be amendable to add 23 with Member Shroyer's comments stating that we have 24 the City applicant and the traffic consultant review 25 what hazardous, what roads they can travel with the 79 1 hazardous materials so we have a plan in place prior 2 to them starting the function? 3 CHAIRPERSON NAGY: I don't- 4 MR. SCHMITT: (Interposing) It seems 5 like a situation where we're going to take the easier 6 road anyway which is the larger road which is less 7 hazardous in general. I don't think they're 8 necessarily going to be cutting through the adjacent 9 subdivision to get through this property. If they can 10 stick to widely accepted routes to get to the site and 11 frankly they have to comply with all state regulation 12 in general if they're in violation of that at the 13 state level or the county level they're in violation. 14 CHAIRPERSON NAGY: If Mr. Papp would 15 like to answer that question for the chair? 16 MEMBER PAPP: What I would like to 17 comment on, I believe if they're hauling hazardous 18 waste it has to be identified on the outside of the 19 vehicle with a triangle with a number so that if the 20 vehicle is in an accident with the city the fire 21 department knows what they're carrying. So I believe 22 they can travel on any major road within the city but 23 it has to be truly marked on the outside prior to 24 leaving the establishment. 25 CHAIRPERSON NAGY: Mr. Coburn, do you 80 1 have a comment? 2 MR. COBURN: In addition, trucks 3 leaving the drive can go west on Nine Mile they are 4 prohibited from traveling east on Nine Mile. 5 MEMBER PAUL: Thank you. 6 CHAIRPERSON NAGY: Do we have any 7 further comments by any commissioners? 8 MEMBER MARKHAM: I just have a 9 question. We're only dealing with the special land 10 use at this moment, right? 11 CHAIRPERSON NAGY: Yes. 12 MEMBER MARKHAM: Then I'm okay. 13 MEMBER PAPP: I have one. You 14 mentioned something about contents are outside? 15 MR. DONALDSON: Yes, like air 16 conditioning condenser. 17 MEMBER PAPP: Would that be running 18 day and night? 19 MR. DONALDSON: No. 20 MEMBER PAPP: Okay, thank you. 21 CHAIRPERSON NAGY: Do we have any 22 other questions? 23 If not, I have a question. My 24 question is, actually, I know exactly what's going on 25 because I've actually had my mother's house burned 81 1 down so I know what they do. They do take damaged 2 goods, for example, if you have a vase and it's all 3 singed they take that and clean it and more often than 4 not depending on the item that they are trying to 5 restore, like paint or something like that, they will 6 use regular household detergent like for example, 7 Dove, something that's very -- or Joy, that's very 8 easy. But there are other things that they might have 9 to use a different chemical on and I'm not concerned 10 about this operation in the sense that I think it 11 would cause any toxic fumes because most household 12 chemicals have toxic fumes. My question to you is, do 13 you know how they will dispose of these things, the 14 water or the chemical; once they've cleaned the item 15 where does the residue go? 16 MR. DONALDSON: Well, in terms of, 17 you know, they have a trench drain in their facility 18 and it's got an oil and gas separator in it. If some 19 of those contaminants, if you will, were to go down 20 the trench drain they would be caught there. 21 CHAIRPERSON NAGY: So are they going 22 down the regular sewer? 23 MR. DONALDSON: The water that goes 24 in the trench drain will go down the regular sewer 25 with exception of items that can't pass through the 82 1 oil and gas separator. 2 CHAIRPERSON NAGY: Mr. Schmitt? 3 MR. SCHMITT: Yes, ma'am? 4 CHAIRPERSON NAGY: Is there any 5 filterization required when you're adding all of this 6 detergent? 7 MR. SCHMITT: I'm sorry, I'm going to 8 turn that over to the engineer. 9 CHAIRPERSON NAGY: I'm sorry. Maybe 10 I'm asking the wrong one. 11 MR. COBURN: There's certainly 12 prohibited items that you cannot put into the sewer 13 system or storm sewer system. Off the top of my head 14 I can't name those for you, but they're proposing to 15 -- or Mr. Donaldson is stating that in the storm sewer 16 system you have an oil gas separator and if they're 17 utilizing a trench drain for discharge he's stating 18 the oil gas separator will take care of that. That's 19 correct for certain items. For items that don't flow 20 that's incorrect, but they would be happy to have 21 clarification from the applicant on the type of 22 disposal system they will be using if more information 23 would be needed. 24 CHAIRPERSON NAGY: That's the crux of 25 my question and that's the only objection I have and I 83 1 don't think that you would be capable of answering my 2 question. I would like to have further information. 3 Mr. Fisher, do you have anything you 4 would like to say? 5 MR. FISHER: Yes, I think I'm happy 6 to say that you can take that burden off of your 7 shoulders to some degree because that's really not an 8 issue you have to worry about. This is an issue for 9 the county of Oakland. It's an issue for the City of 10 Detroit and it's an issue for -- if it's an issue with 11 the City it's for Public Services. So you don't have 12 to deal with that. 13 CHAIRPERSON NAGY: So that's not 14 ours. But then we do have some means of regulating 15 within the City another department outside of us? 16 MR. FISHER: There are very strict 17 ordinances that have been required by Federal rulings 18 and State rulings. Yeah, you don't have to carry that 19 burden. 20 CHAIRPERSON NAGY: All right. Then 21 with that I will support the motion as amended. Do we 22 have any further comments? Yes, Member Papp? 23 MEMBER PAPP: Is it possible just to 24 amend the motion so that it would only be used as a 25 warehouse? 84 1 MR. FISHER: I don't know if the 2 applicant is -- 3 MR. DONALDSON: Well, the user has 4 sent me part of his operations as a small washing 5 area. I think that would -- 6 CHAIRPERSON NAGY: He's going to 7 clean? 8 MR. DONALDSON: Yeah, that would 9 conflict with what his operation is. There is a 10 component of his operation that is that. Even though 11 the bulk operation here is dedicated to the 12 warehousing administrative there is a small component 13 and that's why he's making this move, you know, or 14 expanding. 15 CHAIRPERSON NAGY: If I could just 16 interject one thing. Having gone through this 17 experience, what they do is come and pick up your 18 items and they have to have a place of storage because 19 it's an insurance company and the insurance company 20 once you have a fire is the one that provides you with 21 the names of restoration companies. Then as the 22 insured you pick your restoration company. They come 23 in, they make an assessment of what is saveable. They 24 remove the items and have to take it to a warehouse 25 in order to store it and then it has to be cleaned and 85 1 the return of any of these items can take anywhere 2 from six to eight weeks, if not more. I think that's 3 the part about the warehousing that this applicant is 4 looking for and with my understanding of this, this 5 would be a smaller cleaning operation. 6 MEMBER PAPP: Thank you. 7 CHAIRPERSON NAGY: Member Kocan? 8 MEMBER KOCAN: Because I'm not 9 familiar with the operation so I'm going to ask a 10 personal question. Madame Chair, are you comfortable 11 having this 110 feet away from a residential 12 neighborhood? 13 CHAIRPERSON NAGY: I think after 14 reading everything I did here and since most of this 15 would be a warehousing thing to store items, I think 16 that I would be comfortable with it and knowing that 17 we have the State and Federal laws which regulate what 18 can go into the sewer system, I am. I also feel that 19 one of the things that is -- some of these things are 20 things that we use in our homes. Tar and grease 21 remover you use that on your car. For example, most 22 of these things in my estimation you would be able to 23 have in your home. I don't think they would cause 24 hazardous toxic waste. 25 MS. MARKHAM: Anything could be 86 1 toxic. 2 CHAIRPERSON NAGY: Well, anything can 3 be toxic but it's not like you're having a hard time 4 breathing as if they were bringing asphalt shingles to 5 restore or anything like that. But I would be with 6 all the conditions that we've put on this motion for 7 special land use. 8 If there is nothing further may we 9 have -- I would like to call for the vote please. 10 MR. SCHMITT: Commissioner 11 Avdoulos? 12 MEMBER AVDOULOS: Yes. 13 MR. SCHMITT: Commissioner Kocan? 14 MEMBER KOCAN: Yes. 15 MR. SCHMITT: Commissioner Markham? 16 MEMBER MARKHAM: Yes. 17 CHAIRPERSON NAGY: Yes. 18 MR. SCHMITT: Commissioner Papp? 19 MEMBER PAPP: Yes. 20 MR. SCHMITT: Commission Paul? 21 MEMBER PAUL: Yes. 22 MR. SCHMITT: Commissioner Shroyer? 23 MEMBER SHROYER: Yes. 24 MR. SCHMITT: Commissioner Sprague? 25 MEMBER SPRAGUE: Yes. 87 1 MR. SCHMITT: Motion passes eight to 2 zero. 3 CHAIRPERSON NAGY: That was for the 4 first special land use and we will now discuss the 5 site plan? 6 MEMBER KOCAN: I will talk quickly as 7 I spent most of my time on the special land use 8 issue. The site plan issues that I have in reviewing 9 the packet to me the requirement for additional 10 parking has to do with perhaps an error from years ago 11 when the original parking was calculated. It looks 12 like the parking requirements were based as if the 13 building was 100% warehouse so it allowed a lesser 14 number of parking spaces than technically should have 15 been. I don't know if there would have been enough 16 spaces based on how this building is laid out today. 17 So it's just not imposed by this developer but I think 18 it's from a previous error. I see a need for 19 additional parking. My main concerns are that they 20 still stay away from residential and, as a matter of 21 fact in our ordinance we have light industrial 22 abutting residential. The minimal distance is 100 23 feet away from residential property and I believe the 24 building setback is 110 feet. I believe the parking 25 is still 100 feet from residential. 88 1 A main concern is the lighting. It 2 is allowed by ordinance that the lights could be 20 3 feet, 25 feet, as high as 25 feet on the building. In 4 looking at the site plan the developer has complied 5 with the ordinance that its zero candles I believe at 6 the lot line that there will be some light poles. 7 There will be lights on the building but they will not 8 exceed 18 feet at the most. Probably closer to 15 9 feet and as long as that's shielded down that's a main 10 concern that I would have. 11 With regard to the opposite side 12 driveway spacing waiver, to the north our consultants 13 have stated that they're anticipating low traffic 14 volumes and did not anticipate turning problems 15 because there will be little traffic coming from the 16 north going south. None of which would technically be 17 turning into the building. Issues if you're going to 18 be five feet away from the parking lot to the south, 19 you would need to have approval from the people to the 20 south and it's my understanding that you have got that 21 approval; is that correct? 22 MR. DONALDSON: Yes, that's 23 correct. 24 MEMBER KOCAN: There are some 25 encroachments of the driveways and I believe that our 89 1 traffic engineer stated that either you have to 2 eliminate the encroachments or you have to get 3 easements from the other development and that's all I 4 have at this time. Thank you, Madame Chairperson. 5 CHAIRPERSON NAGY: Anyone else that 6 would like to comment? Mr. Advoulos? 7 MEMBER AVDOULOS: I have a question. 8 The parking that's been being provided is that to fill 9 the requirements of the ordinance or is that what the 10 actual user is going to need? 11 MR. DONALDSON: It's a little bit 12 over what the -- as far as their office ratio and 13 warehouse ratio requires, but it's really more for 14 compliance of the ordinance and in compliance of what 15 their needs are. 16 MEMBER AVDOULOS: Yeah, because I 17 know in the planning review we have indicated how many 18 parking spaces are required and stuff. I don't see it 19 anywhere on the drawings and a lot of times if the 20 parking exists and the occupant can identify that they 21 aren't going to have anymore than "X" amount of 22 employees, then I favor not even, you know, dealing 23 with the parking because that just adds more surface 24 area and more sewers and whatever and there is no 25 documentation on that. It's done on the review chart 90 1 but it's not done on the drawing so there is no way of 2 knowing whether the owner needs those spaces or not. 3 So I would at least appreciate that the data be shown 4 on the drawings and I don't know if that is going to 5 make or break this. I'm not opposed to the parking 6 that's required but if it is not required then I don't 7 see -- you know, putting it in. 8 MR. DONALDSON: The calculation 9 may be on the first or second page of the engineer 10 drawing from Professional Engineering. If it's not, 11 we will add it to it but I can almost assure you if 12 you did the calculations I know them in my head that 13 we had inadequate parking and therefore need some 14 additional parking. 15 MEMBER ADVOULOS: And I understand 16 what was discussed by our City engineers that this 17 would probably be the most realistic course of action 18 if the building were sold the parking is already there 19 and the site is planned out. So you know, 50/50. 20 That's my comment. 21 CHAIRPERSON NAGY: Thank you. 22 Mr. Coburn, did you have a comment you would like to 23 Make? 24 MR. COBURN: I apologize. I have a 25 correction to make for the opposite side of the 91 1 driveway spacing waiver. It states 150 feet is 2 required. It's actually 200 feet. I apologize for 3 the record. 4 CHAIRPERSON NAGY: Member Markham? 5 MEMBER MARKHAM: Thank you, Madame 6 Chair. I just have one general comment relative to 7 this parking area. I understand why we need the 8 variance. I understand why we need the parking. I 9 just think it's kind of an inelegant solution to this 10 issue. We're going to put essentially a five foot 11 wide little concrete barrier and stuff some Japanese 12 yews that are going to grow to this high in the middle 13 of this parking area to separate two industrial 14 buildings. It seems ludicrous to me. I wish there 15 were a more -- I'll use the word elegant way to make 16 this work between this building and the Jan Sar 17 development to the south. Both developments need 18 parking. We're trying to buffer from the residential 19 as much as possible. We're already asking for a 20 waiver. It would've been nice if we could've asked 21 for a waiver that had a creative solution attached. I 22 think this little five foot wide piece of concrete 23 down the middle is going to be ugly and I don't think 24 that -- I can't see how we can go ahead and change 25 this. I mean, the plans meet the requirements 92 1 assuming you get the variance but it's not very 2 pretty. 3 MR. SCHMITT: It does meet the code. 4 Frankly, I would have loved to have been able to say 5 you don't need the parking. What you use is fine 6 but, unfortunately, there is no provision in the code 7 that would allow for flexibility in terms of parking 8 because realistically this parking lot is going to be 9 the most used. It requires in the ordinance that he 10 get approximately eight more spaces and eleven more 11 spaces on the site. There will be five feet between 12 this parking lot and the property line and if Jan Sar 13 does decide to come in for future development in that 14 area they will be required a ten foot setback as 15 well. So it will be fifteen feet between parking lots 16 which is 20 spaces. 17 The big issue with this site, though, 18 is going to Mr. Donaldson who initially built it. He 19 did build it very much with the site and everything in 20 mind and has really done everything to mitigate the 21 concerns of those residents and this is the side 22 effect of that is that now he needs a small variance 23 to meet the parking requirements. 24 MEMBER MARKHAM: And I don't disagree 25 with it. I agree you need the parking. I understand 93 1 why you need the variance. I can support the 2 variance. It just to me it seems kind of silly to put 3 this little concrete barrier in the middle of two 4 parking lots. There should have been a better way of 5 going about making that work. 6 MR. SCHMITT: There's really nothing 7 we can do in the code to provide for that. As close 8 as we can get is to what was actually done with "A" 9 and "B" where they share the common drive and the 10 parking lot is split. Since Jan Sar's drive is so far 11 to the south that wasn't a feasible situation. 12 MEMBER MARKHAM: Again, in these 13 industrial developments that keep coming before us I'm 14 not seeing a lot of coordination to adjacent 15 properties and I would like to see the City working in 16 the future to improve the situation. I understand 17 that there's not a lot that can be done in this 18 particular case but I want to go on record as saying I 19 think we can do a better job. 20 MR. SCHMITT: I would like to say 21 that Mr. Donaldson has coordinated this one 22 significantly better than other situations in the 23 City. All start with -- well, the vast majority fall 24 under the requirements. It's just this additional 25 parking issue is what's causing the issue. 94 1 MEMBER MARKHAM: I understand. 2 Okay. That's all I have. 3 CHAIRPERSON NAGY: Any other comments 4 by any of the commissioners? 5 (No comments.) 6 MEMBER KOCAN: In that case, I will 7 tender a motion. In matter of Venture Drive Spec S1 8 PC 99-53C motion to grant approval of the preliminary 9 and final site plan with the following conditions: 10 The planning condition waiver of the opposite side 11 driveway spacing for the existing driveway to the 12 north 130 feet. Proposed 200 feet required based on 13 anticipated low traffic volume, ZBA variance to be 14 obtained for the required 10 foot parking lot set back 15 4.91 feet proposed as the parking variance is more 16 desirable then a variance in the number of spaces 17 required. The new proposed access, the south curb 18 return encroachment is removed or agreement is reached 19 with the adjacent property owner. Subject to the 20 comments on the attached review letters building 21 addresses on the final stamping plans and comments by 22 the commission. 23 Do we have a second to that motion? 24 MEMBER PAUL: Second. 25 MEMBER AVDOULOS: Second. 95 1 CHAIRPERSON NAGY: Second by 2 Mr. Avdoulos. 3 I just have one question, Mr. Arroyo, 4 and if I could ask you one question. Were you able to 5 -- if you would come to the podium. 6 Were you able to review this at all 7 or is this all in-house? 8 MR. ARROYO: The preliminary site is 9 something you would review. 10 CHAIRPERSON NAGY: So I can't ask 11 you about the driveway spacing for the existing 12 driveway to the north 130 feet proposed and 200 feet 13 is required? 14 MR. ARROYO: Can I make a comment 15 because I'm familiar with the area. I would agree 16 that there would be low traffic volumes particularly 17 southbound left-turns into this driveway would be 18 minimal. Negligible is probably a better term and, 19 therefore, I don't see that the waiver is a problem. 20 I don't have a problem with that. 21 CHAIRPERSON NAGY: Thank you. I 22 appreciate your comments. 23 If there are no further comments I 24 would like to call a roll for the vote. 25 MR. SCHMITT: Commissioner Kocan? 96 1 MEMBER KOCAN: Yes. 2 MR. SCHMITT: Commissioner Markham? 3 MEMBER MARKHAM: Yes. 4 Mr. SCHMITT: Chairperson Nagy? 5 CHAIRPERSON NAGY: Yes. 6 MR. SCHMITT: Commissioner Papp? 7 MEMBER PAPP: Yes. 8 MR. SCHMITT: Commissioner Paul? 9 MEMBER PAUL: Yes. 10 MR. SCHMITT: Commissioner Shroyer? 11 MEMBER SHROYER: Yes. 12 MR. SCHMITT: Commissioner Sprague? 13 MEMBER SPRAGUE: Yes. 14 MR. SCHMITT: Commissioner Avdoulos? 15 MEMBER AVDOULOS: Yes. 16 MR. SCHMITT: Motion passes eight to 17 zero. 18 CHAIRPERSON NAGY: Thank you very 19 much. 20 We are at the third public hearing 21 which is Master Plan Amendment and this is a public 22 hearing on the request of Detroit Catholic Central 23 High School to amend the Master Plan from Office and 24 Light Industrial to Single-Family Residential as 25 designated on the Master Plan for Land Use. The 97 1 subject property is located in Section 18 on the west 2 side of Wixom Road and south of Grand River Avenue. 3 The subject property is approximately 60 acres. 4 And I will turn this over to 5 Mr. Schmitt. 6 MR. SCHMITT: Thank you, Chairperson 7 Nagy. Give you some perspective on where we're at. 8 This is the entire parcel that is currently owned by 9 Detroit Catholic Central High School. As you can see, 10 the dark yellow line is the actual parcel and there 11 are underlying parcels which is the property line 12 indications. This property was donated to them by the 13 owner of other property in the area and they have 14 chosen this location for the site of a new high school 15 in the future. 16 The current Master Plan shows the 17 area. The vast majority of their parcel is Master 18 Plans currently zoned office industrial and a small 19 portion of it is zoned I-1 and R-1 in the southern 20 portion. So the north we have B-2 and B-3 21 developments and across the street it is zoned I-1; 22 however, it is being developed as the Novi Promenade 23 Shopping Center under this section. 24 To the south is the Island Lake 25 development which is an RUD. In this area it's zoned 98 1 R-1. 2 Here is the actual Master Plan. Half 3 of the property is master planned for office and half 4 of the property is master planned for light 5 industrial. The applicant is requesting that the 6 entire property be remaster planned to single family 7 residential. This will allow in the future rezoning 8 of the property to R-1 which does allow as a special 9 land use private or parochial high school and 10 elementary school, et cetera. 11 At this point, obviously, we are 12 under the assumption that Detroit Catholic Central 13 High School will come to Novi; however, from a master 14 plan perspective we need to take into account the fact 15 that there is always a chance that this will not 16 happen. So the request on the table is merely to 17 master plan the property for single family 18 residential. 19 To give a brief background of the 20 project, just to summarize some of the findings, 21 obviously some of the impacts on public services are 22 going to be a little different than a normal 23 development. If it is developed in the future as 24 single family residential it will have similar 25 developments to any other residential development in 99 1 the city. If it is developed as a school the impact 2 will be slightly different so I'm going to highlight a 3 few of the main differences. 4 Obviously, Detroit Catholic Central 5 will not add students in the existing Novi school 6 system. Their impacts on the road system are -- there 7 will be impacts to the road system. Given the 8 improvements in the area the impacts are somewhat 9 unknown although it can be assumed that they will be 10 adding approximately 5 to 600 cars to that area of 11 Wixom Road per day. When the rezoning comes forward 12 they will have provided a traffic study which will 13 show that these cars are not all coming at the exact 14 same time. They are staggered throughout the day and 15 there is a one major 500 car impact on the area. 16 In terms of other City services, the 17 impacts will be similar to residential development. 18 It is possible that you might see an increase in the 19 police or fire runs as a precautionary measure. Given 20 that number of children in one area, obviously, we 21 take high precautions but, obviously, that's 22 speculative and it's merely possible. 23 If you look at some of the 24 surrounding properties -- and I'm going to go ahead 25 and put the zoning map up again. This area is 100 1 somewhat changing in nature especially given the Novi 2 Promenade development across Wixom Road. Previously 3 with Island Lake being there you can say that the area 4 was decided residential in nature with the large 5 educational user to the southern end of the corridor, 6 the existing Novi Middle School and elementary schools 7 that are located there. 8 With the added benefit of Novi 9 Promenade, the B-2 zoning to the north, the character 10 has changed in nature somewhat and provides an 11 interesting bulk end to the corridor, in my opinion, 12 that you will have an educational user to the north 13 and educational user to the south and single family 14 residential in between. It does provide a certain 15 amount of buffer between the Island Lake development 16 and future I-1 developments to the north. The 17 quantification of that is difficult, however, it's 18 obvious that the direct impacts of the I-1 will be 19 somewhat mitigated. 20 Birchler Arroyo did perform a 21 Master Plan study on several properties which is 22 included with your packet. Just a few of the 23 highlights from their study. They did do a traffic 24 and trip generation analysis for the site and, as you 25 can see, it's estimated that 1,180 daily trips will be 101 1 generated from the high school and 834 daily trips 2 from single family residential. 3 Theoretically, if this site was 4 developed into single family residential that would be 5 about 1.65 units per acres consistent with the R-1 6 zone. The interesting feature of this site is that 7 it's fairly heavily wooded and there is a large 8 wetland system in the center. Obviously, there is 9 more of a concern with the actual site plan process; 10 however, it should be noted at this time that either 11 the residential or high school use would seem to 12 indicate that they would be able to work around the 13 natural features a little more than office or 14 industrial users might be able to. 15 Lastly, there are obviously some 16 negative impacts associated with any development. The 17 interesting feature of this parcel is that it has the 18 southern finger giving it access to Wixom Road. This 19 does essentially surround four properties that are 20 located fronting on the Wixom Road. Right there. 21 They're all currently being used as 22 single family homes. None of them will become 23 landlocked which is a previous problem from the 24 commission concerned about that. The property will 25 still have access onto Wixom Road. I believe there is 102 1 some question from the property owners as to what the 2 effect will be on the property and, frankly, it is not 3 -- it's not perfectly clear as to what that effect 4 would be. It is somewhat relevant to say that the 5 impact on these properties will be lessened if the 6 property is master planned single family residential 7 then it would be if it remains OST or light 8 industrial. The impacts from OST or industrial 9 development could have a large amount of noise, more 10 paving, more impact on the natural features, et 11 cetera. It may not be as healthy of a neighbor as 12 houses or a high school would be. 13 The applicant is certainly very 14 willing and wanting to become a good neighbor in the 15 City and during the site planning process we will be 16 attempting to mitigate as many of these facts that 17 they will have as possible. However, the southern 18 finger is fairly obviously going to be used for the 19 secondary access point for this property and there is 20 very little way around at this point but the details 21 will be dealt with at the site plan stage of the 22 process; however, it's best to at least bring them to 23 light at this point and make the commissioners aware 24 of this. 25 The City staff really feel that this 103 1 will be a positive addition to the community should 2 Detroit Catholic go through with this in the future. 3 It really is a unique user to the Detroit area and 4 really the country. They are a well-known high school 5 and they produce excellent students and athletes in 6 general. As I mentioned, the applicant is very 7 willing to work with the City staff and the residents 8 to try to mitigate the impacts as much as possible and 9 really bring quality development to the city of Novi. 10 Thank you. 11 CHAIRPERSON NAGY: Thank you. Would 12 the applicant wish to address the commission? Try to 13 keep it to no longer than ten minutes. 14 MR. RYAN: Thank you, Madame 15 Chairperson, Members of the Commission. My name is 16 Tom Ryan. I'm an attorney in the Sylvan Lake, 17 2055 Orchard Lake Road, representing Detroit Catholic 18 Central High School. I echo many of the comments 19 Mr. Schmitt has stated. I won't repeat them. 20 CHAIRPERSON NAGY: Would you slow 21 down for the court reporter, please. 22 MR. RYAN: Thank you. I apologize. 23 CHAIRPERSON NAGY: Thank you. 24 MR. RYAN: I would like to ask 25 Father Richard Elmer, President of the Detroit 104 1 Catholic Central just to address you briefly. I would 2 like to give him several of my ten minutes. We won't 3 keep you here all night but I think you should know a 4 little bit about the school and the institution. So I 5 would like Father Elmer to come to the podium, please. 6 FATHER ELMER: My name is Richard 7 Elmer, E-l-m-e-r, 14200 Breakfast Drive, Redford, 8 Michigan 48236. That's the school's address. 9 Catholic Central was established in 10 Detroit in 1928 by the Brazilian Fathers of which I am 11 a member of that community. It's a religious 12 community of priests founded in 1822. Our motto is 13 teaching goodness, discipline and you know. Which 14 indicates our mission and that is to help young men 15 grow spiritually, morally, intellectually and 16 physically. We're a private college preparatory 17 school for boys grades 9 through 12. We're accredited 18 by the North Central Association of Colleges and 19 Schools. We have 1,009 students at the present time 20 coming from quite a few parts of Southeastern 21 Michigan. We have a faculty of 64, 11 of whom are 22 Brazilian priests. 23 We hope to build our new Catholic 24 Central near the southwest corner of Grand River and 25 Wixom Road. A few things about the academics. Last 105 1 year's senior class had 31 national merit scholars, 21 2 finalists and 10 commended. The previous year we have 3 26 scholars, 13 semifinalists and 13 commended 4 students. 98 percent of our graduates attend 5 institutions of higher learning. We have ten advanced 6 placement classes that are offered. Our ACT and SAT 7 scores are well above the national and state 8 averages. For the second year in a row and the only 9 two years in existence we've won the Governor's cup 10 for the highest number of MEAP awardees among schools 11 in the Catholic league. 12 We have ten hours of Christian 13 service that's required yearly. It factors into 14 10,000 hours of service mostly to the community of 15 Novi if they would have us. Sixteen percent of our 16 students are of faiths other than Catholic. We have 17 an excellent academic team. Our football team, 18 they've taken eight state titles in the last 15 years. 19 Including the last two years we've had two national 20 champions in football in 1999 and 2001. 21 Our band has 116 students in the 22 music program which is both marching and symphonic. 23 We have 21 clubs and activities in the school. 24 Athletically we've won seven state championships in 25 the last three years. 106 1 Why do we want to move into Novi? 2 When it became apparent from our long range strategic 3 plan that a westward move was necessary for us, we 4 decided and looked at where our families were moving 5 and it was to the west, but also to the northwest. 6 Novi seemed to be the ideal choice. Our present 7 constituency was moving westward. Talked to the City 8 of Novi officials and they were very welcome to the 9 possibility of Catholic Central coming to their 10 community the city of Novi. Also one of the reasons 11 is the excellent educational system in the city of 12 Novi maintained by extremely competent leadership. 13 I've had a number of conversations 14 with Dr. Lippe, couldn't be more impressed with his 15 leadership in education than any city and to reinforce 16 the decision it wasn't hard when 60 acres of land was 17 offered to us free. So that, too, was a factor in 18 making that decision. Lakeside Oakland development 19 and Frank Pellerito and his wife Colleen were the ones 20 that gave us the property. And, in summary, the 21 Catholic Central family would very much like to become 22 part of and become citizens and neighbors of the city 23 of Novi and we pray this will become a reality and 24 thank you. 25 CHAIRPERSON NAGY: Thank you, 107 1 Father Elmer. 2 MR. RYAN: Just briefly, Madame 3 Chair, if I may. I think that this makes a lot of 4 sense. It's a win, win situation for the City and for 5 the use of this property it will extend the 6 residential zone. It's not a spot zone. It will 7 provide a buffer between the heavier industrial uses 8 to the north and to the pure residential uses to the 9 south and we believe that any adverse impacts will be 10 lessened by the R-1 zoning and we will strive to work 11 through the site planning process should you allow 12 this amendment and then the rezoning to work with the 13 neighbors to minimize the impact on them. Thank you. 14 CHAIRPERSON NAGY: Thank you, 15 Mr. Ryan. 16 I have several members of the 17 audience that would like to speak. First one is 18 Mr. Alan Bond if you would like to approach the 19 podium. 20 MR. BOND: Good evening. Mr. Alan 21 Bond. Also with me is my wife Kathleen. 22 CHAIRPERSON NAGY: Good evening. 23 MR. BOND: I would like to read a 24 letter that I've written into the record if I may and 25 then I'll have some very brief comments. 108 1 "Honored Commission Members: 2 "Kathleen and I appear this evening 3 to voice our concerns regarding this proposed Master 4 Plan amendment by Catholic Central High School. 5 "We are one of the property owners 6 about to be surrounded by their development. Our 7 concerns are many. Traffic and noise have already 8 increased due to the Novi Promenade development 9 directly across Wixom Road from our home. Adding 1100 10 high school students and 500 cars and that would be 11 500 cars twice per day to the area will be a 12 significant disruption to our formerly quiet 13 residence. "For Kathleen and I, the 14 issue is the value of our property. As with many in 15 the middle class, it is our largest single assets. 16 Will this development decrease the value of our 17 property? The answer can be find in Novi's own Master 18 Plan Amendment Report dated November 13th, 2002. 19 Passages on pages 7 and 8 clearly state that there 20 will be a major negative impact to the single-family 21 homes along Wixom Road." 22 That's us. 23 "Although the report suggests the 24 impact will be mitigated, it is unclear to us how the 25 city will mitigate the impact of our home being 109 1 sandwiched between a major educational facility to the 2 west and an enormous retail area to the east. 3 "Of course, our concerns would 4 disappear should Catholic Central purchase our 5 property and we look forward to productive 6 negotiations with the school. If that does not 7 happen, Kathleen and I will look to rezone our 8 property to office under the current master plan. We 9 wish only to preserve the value of our property. 10 "The Master Plan Amendment report 11 suggests on page 2 and elsewhere that our property be 12 re-designated R-1 on the master plan. We vigorously 13 oppose any such action by the city that limits our 14 options to recoup value lost to city sanctioned 15 development. Should the city of Novi follow a course 16 of action that leaves us with an unsaleable or sharply 17 devalued property, it will incur significant 18 liability." 19 Now, I should add to this that 20 Kathleen and I are neutral when it comes to the change 21 of master plan for Catholic Central. We understand 22 that Catholic Central would be an asset to the city of 23 Novi. I happen to work as a police lieutenant in 24 Redford Township where Catholic Central is currently 25 located and their reputation is second to none. We 110 1 are quite aware of that. 2 Our concern is that we would have our 3 delightful little home on 1.7 acres of Novi's finest 4 land sitting directly behind a school and fronted by a 5 major retail development. Should we decide to sell 6 that home and we will at some point when we are able 7 to retire, will a residential potential owner consider 8 this property? We think the answer is no and that 9 makes us very concerned about the value of our 10 property. We understand that this meeting tonight is 11 only to consider the Master Plan Amendment and that 12 our concerns will be handled at some future point 13 should we continue to own the property at the site 14 planning rezoning. However, we did wish to make the 15 commission aware of our concerns and we think they are 16 very valid concerns. Thank you. 17 CHAIRPERSON NAGY: Thank you very 18 much, Mr. and Mrs. Bond. 19 We have another person that would 20 like to come forward, Chris Walsh. 21 MR. WALSH: I'm Chris Walsh, 22 27053 Wixom Road. I wrote a statement to read tonight 23 and I'll make it as quick as I can. 24 "My name is Chris Walsh, and my wife 25 and our 2 week old child now live at 27053 Wixom Road, 111 1 directly across the street from the entrance to the 2 new Target store on Wixom Road. 3 "When we moved into our home 9 years 4 ago, Wixom Road was a dirt road with cars that went by 5 every day slowly because of the shape of the road and 6 the low speed limit. Since then, because of 7 developments, our road is now paved, we lost about 8 30 feet of our front yard, placing the roadway within 9 35 feet of our bedroom window, the Target was allowed 10 to install their entrance at a point wherein every car 11 that exits shines it's headlights into my bedroom, 12 once again from a distance of about 35 feet. 13 "At night the street sweepers that 14 were hired by Target keep our new child awake even 15 when she could be sleeping, and the store and folks 16 exiting the store squealing tires and revving engines 17 have turned what used to be a peaceful place to live 18 into a tempest of activity. 19 "Now that Target has been built 20 across the street from our home, we realize that the 21 location of our home has been made a place or property 22 that has lost its intrinsic value as a home to any 23 potential buyer in the future. In other words, what 24 family would want to raise their children in a home 25 that has speeding cars in front of it, a street light, 112 1 and a large shopping center directly across the 2 street. Now, we have a private school that will be 3 built behind our home, for high school students. When 4 this school is completed, my family will have a 5 minimum of 2000 automobiles a day circle our home, as 6 the proposed entrance is on the left of our home and 7 the proposed exit is on our right. The school is to 8 be placed behind our home and the Target is in front 9 of our home. 10 "So we start from the premise that 11 our home has had it's value very diminished, as a 12 home, as a result of the zoning that allowed the 13 Target store to exist in the first place, and 14 secondarily the new school. This leaves our home, the 15 largest object of value we own, in a situation wherein 16 its real value will at some point lie in our ability 17 to sell the property to an establishment or entity 18 that would establish or place commercial business' 19 within our property. In other words, we will need the 20 ability to sell our property to someone that cannot 21 only use it, but can deliver to us fair market value 22 for the home that we purchased in Novi with the 23 original intent of raising our family. 24 "Now, I understand that the 25 organization that owns the property wishes to rezone 113 1 their property that is behind our home to residential, 2 and further that if this occurs that the zoning 3 commission would at that point possibly consider it 4 inappropriate to have our property zoned anything but 5 residential. 6 "If our property is zoned 7 residential, like the school, then there is no way 8 that any business could ever use our property as 9 commercial, which drives the value of our homes 10 straight down. At this point we as property owners 11 have been straightjacketed. Our homes are undesirable 12 and they can't be sold to anyone as business either." 13 So we're kind of stuck in the 14 middle. We just want to make sure that nothing 15 happens to that house. That's basically it. 16 CHAIRPERSON NAGY: Thank you. 17 MR. WALSH: That's what I got to say, 18 thank you. 19 CHAIRPERSON NAGY: Could I ask you 20 due to the lateness of the hour I notice that what you 21 read is typed up. Would you mind giving that to the 22 court reporter? 23 MR. WALSH: No. 24 CHAIRPERSON NAGY: We have another 25 audience member that would like to speak, Mr. Don 114 1 Dominick. I would like to remind the audience members 2 to please remember to limit your comments to the 3 commissioner to three minutes. 4 MR. DOMINICK: Members of the 5 Planning Commission, my name is Don Dominick. I reside 6 at 26991 Wixom Road. As was mentioned earlier the 7 dynamics in the changes going on in that corridor are 8 very evident. I've been a resident of Novi since 1976 9 and I for one can tell you I've seen much progress and 10 much development and I agree with the development, 11 but I agree with sensible planning. As far as the 12 rezoning and for such a fine institution and 13 organization as Catholic Central, I think it would be 14 a very good move for Novi to accept that. However, 15 the noninclusion of residential property in this area 16 reminds me of the development in the '80s along 17 Novi Road when it took a look at Wendy's and other 18 areas, Bob Evans. It didn't include residential. 19 Those homes sat vacant. I think they were an eyesore 20 to this community. I would hope that somewhere along 21 the lines is some type of open communication with 22 Catholic Central to develop and run and build this 23 fine facility in which they're wanting to bring to 24 town. 25 I can't quite comprehend -- and to be 115 1 honest being here since '76, I was an employee of the 2 fire department here for 24 years. I never really 3 thought that something like this would happen to me. 4 I saw what happened to others, as I said, in the 5 '80s. I've had total confidence in this community. 6 However, very recently -- and it happened so very 7 quickly. I can look out my picture window -- and, 8 again, I want to remind everybody that I did make the 9 comment, yes, I agree with the development. 10 I look out my picture window that 11 used to be deer, used to be a dirt road. Now I can 12 look at the loading docket of a Target store which my 13 mailbox is closer to than my house. It's a shorter 14 walk from my mailbox there then it is to my front 15 door. So stranded in this oasis of property, I feel 16 as if I've been squeezed to the west. Now there is 80 17 foot between myself and my neighbor Mr. Bond that 18 spoke earlier, where there is going to be a secondary 19 access road. So instead of being involved in the fire 20 department we were a secondary access road. However, 21 that road on the plan is 20 feet from my bedroom 22 window. You've already heard the number of cars that 23 will pass in and out each day and when I take a look 24 at the minutes that you provided September 16th on 25 page 7 it clearly indicates that the homeowners and I 116 1 know there's only four of us -- were not included in 2 the study. I feel that without a doubt with a total 3 of 80 feet between my property line and the property 4 line of my owner to the north which, again, appears to 5 be designated for that secondary access road, again 20 6 feet from my bedroom window, is where that line 7 delineates, the one that runs east/west and is the 8 southern drive. 9 I would hope that the Planning 10 Commission takes into account -- I feel confident 11 having the opportunity to speak with Father Elmer over 12 the last couple of days. I feel relieved over the 13 fact I hoped that we can somehow come up with a fair 14 market value for the property because, as Father Elmer 15 said, their long-term strategic plan is to move to the 16 west. 17 CHAIRPERSON NAGY: Mr. Dominick, I 18 don't mean to be rude. You are well over your three 19 minutes. If you could come close to finishing up I 20 would appreciate it. 21 MR. DOMINICK: Yes, ma'am. 22 CHAIRPERSON NAGY: Thank you. 23 MR. DOMINICK: Our long-term 24 strategic plan, my wife and I, was to put our kids 25 through college. I have a son now that is a junior at 117 1 Michigan State and we worked very hard to pay our 2 house off in time so we wouldn't have a house payment 3 to continue to pay tuition. And my daughter, who is 4 now a senior, will be attending Michigan State next 5 year and I would like to think that my property values 6 don't plummet so low that my kids don't attend 7 college. Thank you very much. 8 CHAIRPERSON NAGY: Thank you, 9 Mr. Dominick. 10 Is there anyone else in the audience 11 that would like to address the commission? 12 Yes, sir, if you would please come 13 forward and please state your name and address for the 14 record and spell your last name for the court 15 reporter, please. 16 MR. HERBEL: I realize the hour 17 is late. My name is Richard Herbel. I live at 18 43600 Cottisford and I own the property to the north. 19 We didn't know one another and we sat in the same 20 area. I own the large white farmhouse and I've owned 21 it for twelve, fifteen years as investment property. 22 This area is not going to be conducive to residential 23 in the future. As you know it, the shopping center 24 across the street is going to have more stores, more 25 traffic. It's currently zoned office and the logical 118 1 and fair thing to do would be to leave the zoning 2 ordinance for the four property owners at least office 3 or commercial. Because of all the traffic it doesn't 4 fit any of the residential users that are provided in 5 other areas of the city. I'm for the Catholic Central 6 coming in but I don't want to see the zoning change. 7 When there's football games there's going to be a lot 8 more cars. When the shopping center is built out 9 there's going to be a lot more cars and office will be 10 compatible with that. Having homes with little 11 children in that traffic pattern is not your perfect 12 place. Not on Wixom. If the Catholic Central will 13 leave the office zoning for the rest maybe we can have 14 a market for property when the time is right. Thank 15 you. 16 CHAIRPERSON NAGY: Thank you, 17 Mr. Herbel. I appreciate your comments. 18 Mr. Mutch, three minutes, please. 19 MR. MUTCH: Andrew Mutch, 24541 20 Hampton Court. My first comment would be just it's a 21 quarter to 11:00 at night and I know there was some 22 other issues that took this late but I mean I always 23 felt that having public hearings this late in the hour 24 wasn't to the benefit of anybody and I still stand on 25 that, but that's a separate issue. 119 1 I just wanted to touch on three 2 important points and, as some of you know, I served on 3 the Planning Commission when we last had a major 4 master plan amendment and one of the significant 5 changes in that master plan was that designation of 6 the commercial area that's now Target. I opposed that 7 vigorously but it was approved. I think it made an 8 important point that these amendments and these 9 changes never happen in a vacuum and unfortunately I 10 don't think there was a lot of forethought put into 11 the potential impact of that change and the scope of 12 that change and you've heard from some of the people 13 tonight who have been directly impacted by that 14 change. It's just not planning. In fact, it became a 15 legal device for developers to strongarm the City into 16 approving a development that maybe wasn't in the best 17 interest of the city. So it has serious and long-term 18 ramifications no matter what you do. The question 19 tonight is not one about the applicant. I don't think 20 there's anybody that doubts that Catholic Central 21 would be a benefit to the city but it's a question 22 about the land use. And I have several issues that I 23 would like to hear discussed before this decision is 24 made. One is to look at the issue of adjacency and 25 there's really two issues of adjacency. One is if 120 1 it's designated for single family residential and that 2 leads to single family residential zoning that impacts 3 all of the surrounding OST property. And then it also 4 has an impact on the other properties along Wixom 5 Road. And even if their zoning is not changed or 6 their zoning is allowed to go to some other 7 designation they're still impacted by adjacency to a 8 residential district. 9 The other question is consistency. 10 Several months back Singh Development Company was here 11 before the Planning Commission asking for a change to 12 the master plan to accommodate a residential 13 development that they wanted and one could argue that 14 would actually provide more benefits in terms of tax 15 revenue to the city but the Planning Commission said, 16 "No, we didn't want to lose that OST property and the 17 potential tax revenue with job growth from that." And 18 I would like to hear some of the discussion that 19 explain why those two applicants would be treated 20 differently. 21 In closing, I would just throw out a 22 couple of ideas for the commission to consider in 23 terms of if you decide to accommodate this change how 24 it might be done best. First, would be to look at an 25 alternative land use designation other than , maybe a 121 1 public or institutional designation that you would use 2 on school sites that we've done in other locations in 3 the city. But not only that I think the commission 4 has to look at changes or developing zoning provisions 5 or districts even that would accommodate these large 6 school properties while still protecting the value of 7 the OST property that's adjacent and accommodating the 8 property interests of the people on Wixom Road. Thank 9 you. 10 CHAIRPERSON NAGY: Thank you, 11 Mr. Mutch. I would like to make a comment before I 12 turn this over to the commission. Is there anyone 13 else that would like to approach the commission and 14 give us a comment regarding this site or this master 15 plan amendment? 16 There is no correspondence? 17 MEMBER KOCAN: No. 18 CHAIRPERSON NAGY: Closing the public 19 hearing. I would just like to make the comment that 20 this commission was not -- we're not the ones that 21 approved the Target. I just had to say that. It's 22 not us. 23 With that, and also I would like to 24 remind the people that we are really talking only 25 about this one property which is Catholic Central. 122 1 That our intent is not to rezone any other pieces of 2 property at this point. The master plan committee 3 only made the recommendation with regard to the 4 property that is owned by Catholic Central. With that 5 I turn this over to the commission. Member Markham? 6 MEMBER MARKHAM: Thank you, 7 Madame Chair. I'll go first. I'm on the master plan 8 and zoning committee and I was fortunate to be able to 9 review this before many of the other members of the 10 commission being a member of that committee. So I've 11 had a little more time to think about it. 12 I'll start with Mr. Mutch's questions 13 first because I think they're good questions and I 14 think that they're very thoughtful. My impression of 15 the current zones on this piece of property and the 16 current master planning on this property is that an 17 office designation for this piece of property is, if 18 not in fact, almost what I would consider to be a spot 19 zoning. Someone mentioned spot zoning earlier 20 tonight. I think this is spot zoning. You have 21 office surrounded by light industrial, heavy 22 industrial and residential and offices stuck in the 23 middle here. I believe that in contrast to the Singh 24 development that we denied a few months ago that 25 development as residential was really not adjacent to 123 1 any other residential. So that in and of itself was 2 spot zoning. That's where I see the distinction 3 between the two. I do think that residential and a 4 potential school use is a better use for this piece of 5 property than an office. We have other pieces of 6 property in this community that are better served as 7 being potential office OST kind of developments. The 8 M-5 corridor, the Thirteen Mile area, those we're 9 having office complexes go in up there adjacent to 10 each other. Hopefully we're learning how to put 11 driveways where they ought to be and that sort of 12 thing as we develop these developments, but we're not 13 putting an office in the middle of a whole bunch of 14 other zoning. I think by bringing that back to a 15 residential designation that we would, in fact, be 16 providing that buffer between the Island Lake 17 development to the south and the industrial 18 developments and commercial developments to the north 19 and east. 20 I feel very much for the residents in 21 these four homes as well as the Wyzinskys who live 22 across the street. I think that the situation with 23 the Target is an unfortunate situation for homeowners 24 who thought they were going to stay there for a long 25 time and now are looking at an unknown future for 124 1 their homes. I do not think we should be talking 2 about changing the master plan tonight for those 3 parcels. I would like the City, Catholic Central, the 4 residents in those homes and possibly our planning 5 consultants or our attorneys to think about what those 6 parcels should be long-term. Because I agree with 7 Mr. Dominick who said that when we developed up along 8 Novi Road and left those houses they were eyesores for 9 many, many years. I don't know what it's going to be, 10 I think it's a Tim Horton's but I'm not sure. That 11 was a terrible ugly little house sitting on a hill for 12 -- what is it going to be? 13 MEMBER KOCAN: A bike shop. 14 MEMBER MARKHAM: Yeah. I wasn't sure 15 what it was going to be. 16 Anyway, it is certainly much better 17 than what was there for so many years in our 18 community. So I do think that we need to do long-term 19 thinking about what those home parcels should look 20 like. Maybe they won't all be dealt with in exactly 21 the same way but I don't think we should be talking 22 about changing the master plan designation for them 23 tonight. I do think we should change the master plan 24 designation for the Catholic Central parcel and with 25 that I make the motion that we amend the master plan 125 1 for the parcel designated as Catholic Central. It's 2 Section 18 on the west side of Wixom Road and south of 3 Grand River Avenue in office -- from OST and light 4 industrial to residential single family residential or 5 any other appropriate designation. Should I just say- 6 MR. EVANCOE: (Interposing) Single 7 residential development. 8 MEMBER KOCAN: Do you have any 9 reasons why? 10 CHAIRPERSON NAGY: I think she 11 stated them all. 12 MEMBER MARKHAM: Because this 13 designation will be more consistent with surrounding 14 properties and will provide a buffer between single 15 family residential to the south and industrial parcel. 16 CHAIRPERSON NAGY: Is there a second 17 to that motion? 18 MEMBER SHROYER: Supported. 19 CHAIRPERSON NAGY: Seconded by 20 Mr. Shroyer. 21 Mr. Arroyo, did you want to say 22 anything before we continue with our decision? 23 MR. ARROYO: Yes, I actually did have 24 a comment and I discussed this previously with 25 Mr. Fisher earlier and actually Mr. Mutch stole my 126 1 thunder a little bit in terms of what I wanted to 2 suggest. I know one concern that I'm sensing is that 3 there is a particular user that's come before you but 4 you're looking to change your master plan to single 5 family residential which would allow the user but we 6 would also allow other uses including potential use 7 away from single family residential. 8 Another option that you could 9 consider would be to master plan this property 10 public. Your master plan does include under the 11 public definition both public and private schools. 12 One thing that that would do for you is it would make 13 a policy statement that you're making this change 14 because of a specific situation. You feel that a 15 public use or quasi public use depending on how you 16 want to refer to it on this property makes some 17 sense. What that could ultimately lead to is when it 18 comes time to make a change in your zoning plan and 19 make a recommendation to City Council and you have to 20 then rezone the property to -- and still institutional 21 zoning classification you would then have to rezone it 22 to a residential classification, for example, R-1. 23 The potential exists that you could enter into a 24 development agreement that specifies if the school 25 were to go away that the zoning classification would 127 1 revert back to what it currently is or to another 2 designation or you could fall back into the office 3 classification if you consider that to be reasonable 4 or take some other steps. There's some other options 5 and that's why I think it might be helpful to get 6 Mr. Fisher's input on how that might be structured, 7 but if there is a concern about the ultimate user here 8 and you feel this particular use which is a high 9 school makes some sense you may be able to state that 10 as part of the decision that you're making this 11 evening and not commit this property necessarily to 12 developing a single family residential if that's not 13 your intent. 14 I know that complicates things a 15 little bit but I think it's certainly worth 16 considering. The other way would be to go residential 17 and industrial in the sense that it singe family 18 residential homes. I think if you're going to get an 19 application for a high school on this property it 20 would be a reasonable way to go. 21 I just wanted to bring that option up 22 as something for you to think about and potentially 23 explore. So that's why I decided to make a comment. 24 CHAIRPERSON NAGY: Yes, go ahead 25 Commissioner Kocan. 128 1 MEMBER KOCAN: Just a question, 2 you've offered the option of public zoning and then 3 you've talking about single family residential. In 4 your opinion as a planning consultant, my question was 5 why R-1, why not R-2 or R-3 if we're looking at single 6 family residential based on if you take Catholic 7 Central out of the equation and you looked at this 8 without, you know, having a plan in front of you? 9 What size of residential would really be better if you 10 can say better, next to an industrial, heavy 11 industrial office, commercial? So my question was 12 maybe single family residential might be the way to go 13 but would we be better off looking at an R-2? 14 MR. ARROYO: It's an excellent 15 question. I can tell you what the thought was of the 16 master plan zoning committee when the master plan was 17 updated and I think it's helpful for me to show you 18 this graph to make that explanation. 19 This shows some of the natural 20 features in the area. This is the subject property 21 that they're looking at right now. Island Lake is to 22 the south. These are the single family homes. When 23 the master plan rezoning committee recommended the 24 full master plan amendment in 1999 was looking at this 25 property, they were influenced by these natural 129 1 features. You have wetlands coming through. You have 2 woodlands on this site. The feeling that maintaining 3 this area as residential at a density similar to what 4 you're finding to the south within Island Lake which 5 is still fairly low density -- this is zoned R-1 and 6 is developed at R-1 density. That this would provide 7 a fairly good natural buffer between a more intense 8 office use to the north, which would have been OST, 9 which is what was envisioned north of this property, 10 and the Planning Commission felt at the time a lower 11 density R-1 or R-A or R-1 type density would still 12 make sense in this location because you had that 13 density to the south and you had this type of buffer. 14 That's why they designated it the way they did and 15 currently copied the master plan. 16 Could you go to something more 17 intense, you could consider it. I think one of the 18 points that's been made is originally when the master 19 plan amendment was being considered in 1999 this area 20 across was not going to be commercial. It was going 21 to be industrial and it was a change that was made 22 right at the very end of the process and the impact on 23 adjacent property is obviously something that needs to 24 be considered. 25 That gives you at least the 130 1 perspective of why it was designated as it currently 2 is. 3 CHAIRPERSON NAGY: I have one 4 comment to make. I really wish we could've had this 5 discussion during our master plan process of this 6 committee. I this it really could've benefited the 7 master planning committee and we would have welcomed 8 this. I just could also make one comment that being 9 on the master plan committee we are very concerned not 10 about just this Catholic Central even though we made 11 the recommendation but the property of the residents 12 involved and that's why we didn't rezone that area 13 even though our planners suggested it. One of our 14 planners suggested we rezone. We did not. We feel 15 they have every right to have the best use of their 16 property. So I think that all has to be taken into 17 account even though we are just here to make the 18 decision on that and maybe you should be at our master 19 plan meeting next time and we can work things out a 20 little better. Any comments? 21 First, Mr. Fisher, do you have any 22 comments now or would you like to wait until 23 commissioner Paul is done? 24 MR. FISHER: I would always defer to 25 Commissioner Paul. 131 1 CHAIRPERSON NAGY: Very good answer. 2 Commissioner Paul? 3 MEMBER PAUL: I have a question for 4 you, Mr. Arroyo. I'm trying to find public. Where 5 are you? 6 MR. ARROYO: In the master plan it's 7 on page 54. If you have the master plan for land use, 8 the full document. 9 MEMBER MARKHAM: I have it. I always 10 carry my master plans. 11 Public land use is defined as land 12 uses recommended in these areas include facilities 13 such as Government buildings, fire stations, public 14 and private schools and public utilities such as waste 15 water treatment plant and water storage facilities. 16 CHAIRPERSON NAGY: Doesn't say 17 anything about schools? 18 MR. ARROYO: Yes, it does. It says 19 public and private schools. 20 MEMBER PAUL: I think I would ask 21 legal counsel then, what would be the better thing to 22 put in our motion, public or R-1 and I wouldn't want 23 this to be a higher density than R-1 in my opinion 24 because this road is also very narrow and it's very, 25 very dense already. If rezoned, would a condition on 132 1 this motion say Catholic Central would, move forward 2 the site would turn back over to R-A of or R-1 I would 3 be more comfortable with that then going back to 4 office. And my fear of office is we would have a 5 similar situation to the promenade with the Wyzinskys' 6 property and I would like to keep it as residential as 7 possible with the current four residents that are 8 abutting that area. 9 MR. FISHER: Well, one thing we need 10 to do is keep in mind that we are doing an overall 11 master plan study that will be able to follow this and 12 in a couple of years and at that point in time we'll 13 know a greater certaintly what will happen on the 14 Catholic Central property, I assume. I assume in a 15 couple years we'll know where things are going. 16 MR. ARROYO: 2005. 17 CHAIRPERSON NAGY: It doesn't have to 18 be every five years? 19 MR. EVANCOE: 2004. 20 MR. FISHER: Yeah. So what you do 21 with this property as it relates to the adjacent 22 properties and so forth is something that can be 23 corrected if circumstances change. Overall, I think 24 my reference would be consistenttent with what 25 Mr. Arroyo has indicated to the public classification 133 1 because then you're not creating the potential for 2 spot zones later on these other properties. You know, 3 if we're talking about this property being spot zoned 4 if we have a large piece that's residential and we 5 want to put OST or office or other uses along the 6 front as we may have a bigger spot zoning issue and I 7 don't think you had that with the public 8 classification having these other uses in there 9 because the public is public, I mean, it's something 10 that generally speaking is legitimately adjacent to 11 anything, so to speak. So a public is not going to be 12 a problem and, as I say, even if you continue with the 13 motion as residential and something happens in a 14 couple of years you're going to be finishing your 15 master plan and you can make adjustments. 16 MEMBER PAUL: One question. To me 17 with knowledge of this ordinance and with Mr. Arroyo's 18 knowledge it sounds like you would rather go public 19 than R-A or R-1? 20 MR. FISHER: I think listening to the 21 input tonight I don't think it has any adverse 22 consequences to the applicant and I think it may 23 provide some relief to the other adjoining property 24 owners. 25 MEMBER PAUL: Would the motion be 134 1 amended, would you be amenable? 2 MEMBER MARKHAM: I want to ask some 3 questions before I do change my motion. 4 CHAIRPERSON NAGY: Go ahead. 5 MEMBER MARKHAM: I'm not clear on why 6 the residents might be adversely effected by a 7 residential designation but not adversely effected by 8 a public designation. 9 MR. FISHER: Well, this property 10 is -- I mean, obviously is a large piece of property 11 and there is some considerable part of it adjacent to 12 the road and these properties or some of the other 13 smaller property, even though they're not small, but 14 they are relatively smaller and they are engulfed in 15 by this land. So if you have a residential master 16 plan designation on them and these other properties 17 are later going to be either reaffirmed or actively 18 pursued for nonresidential, the argument could easily 19 be made what you're doing is either creating or 20 perpetuating spot zones around what you've now master 21 planned for residential. 22 Now, I compare that to a public 23 classification, for example. I mean it's intended to 24 be a school and the school that you could have easily 25 in a residential zone that might be next to an office 135 1 or commercial. 2 MEMBER MARKHAM: Okay. I'd like to 3 ask the applicant, do you have an opinion or an 4 objection to a public? 5 MR. RYAN: Yes, we do. Tom Ryan, 6 attorney for Detroit Catholic Central. You know, 7 unfortunately it didn't come up at the subcommittee 8 and we've been on the agenda here for a few months and 9 Mr. Arroyo's own Katherine wrote that because of the 10 fact that OST is really not a viable use for this 11 property. I mean, those are not my words. Those are 12 their words that there are other zones in the city 13 where it's more appropriate for OST. We have 14 residential to the south, high quality residential, 15 and it seems a natural extension that there is no spot 16 zoning by eliminating the master plan area for OST and 17 light industrial because it's not viable in this area 18 in using the other more viable locations in the city 19 and making it residential. I mean, the adjoining 20 properties on Wixom Road, whatever the zoning is, it's 21 a residential use. So it's very compatible. I mean, 22 whatever they do in the future you can do or not do 23 that's your business, but these homes are currently 24 single family residential use and we want to be the 25 same use. The same zoning eventually. 136 1 MEMBER MARKHAM: Do you have an 2 objection to a public classification? 3 MR. RYAN: I really think we would 4 like to stick with the residential use. I don't think 5 that harms anybody. We've been going along for the 6 process and I mean we're going to come back here in a 7 couple of weeks hopefully for rezoning to R-1. I 8 mean, I don't know what the difference for your master 9 plan is going to be if you have a yellow spot on your 10 master plan for us or a purple or whatever the public 11 zoning is. I mean, we're adjacent to single family 12 residential. They're our neighbors. We're going to 13 work with them and to the south is single family 14 residential and it seems and I thought the 15 subcommittee agree and the planning consultant agreed 16 that the yellow residential zone was a natural 17 progression and not a spot zone for this area of the 18 city. 19 CHAIRPERSON NAGY: Thank you. You've 20 answered the question. 21 MEMBER MARKHAM: Well, I guess with 22 that I would suggest that we leave my motion on the 23 table and let the commission vote and if the 24 commission as a whole feels it's not the right 25 designation then we can make another motion. 137 1 CHAIRPERSON NAGY: Do we have any 2 other comments by any other commissioners? 3 MEMBER KOCAN: We still have to 4 discuss this thoroughly. I guess my concern with 5 looking at just part of the parcel and not everything 6 to Wixom Road is -- and maybe I just don't understand 7 it. I'd like to have things printed up. I want to 8 read them at home. To dissect it. I don't like being 9 presented with a new option the night of the meeting. 10 I abhor that, because I'm lost here. What I think 11 about zonings and rezoning and trying not to spot zone 12 I try to think of the zoning as I've said previously 13 without the proposed development. I have not seen 14 what Catholic Central is going to look like on this 15 parcel so I'm not sure exactly how it's going to be 16 developed so I have no opinion as to what's going to 17 be where. No educated opinion. But when I look at 18 the parcels along Wixom Road I guess I look at 19 consistency, if that's the right term. If the 20 residents are looking for something more office or 21 more industrial usage at some point and maybe this 22 shouldn't even enter into my decision but it does. It 23 bothers me. I would like to have the entire parcel 24 along all of the frontage on Wixom Road to be one 25 consistent zone. I don't want, you know, this one to 138 1 be residential because it's an entryway to the school 2 and then it's going to be office because of these two 3 houses and then it's going to be residential because 4 we need secondary access and then it's going to be 5 residential or office or whatever else again. I have 6 a real problem with that so I'm having a problem with 7 trying to consider zoning the back end of the property 8 without considering zoning the front end of the 9 property at the same time. 10 Personally -- and I know that 11 Catholic Central is on a timetable and I know that at 12 some point, you know, we got this property we have to 13 do something with it, I would personally like 14 additional time to review the options to see exactly 15 what the public zoning does, what impacts it has, what 16 ramifications it has. I guess I don't understand why 17 Catholic Central would be opposed to a public 18 designation as opposed to residential. I don't 19 understand your argument for that because to me it 20 sounds like there's no negative impact at all to 21 Catholic Central with the public designation and it 22 might be more beneficial to the residents with the 23 public designation. I guess I would just like to see 24 more arguments. That's -- I don't know how I'm going 25 to vote tonight. 139 1 CHAIRPERSON NAGY: Do we have any 2 further comments? Member Sprague? 3 MEMBER SPRAGUE: Yes, I'd like to 4 echo Commissioner Kocan's comments. My issue is not 5 whether or not it would be a good addition to the 6 community I believe they would. I'm concerned how we 7 intend to do some things piecemeal. I want to protect 8 the four homeowners and their property and I want to 9 protect the City of Novi so that what happened on Novi 10 Road doesn't happen again and I'm struggling with the 11 way to do that. Is there really a way to do that? I 12 know we have this issue of rezoning this property in 13 front us and that's what we're supposed to deal with, 14 but it doesn't really deal with the whole issue. I'm 15 unsure where to go with this. I'm really looking for 16 options on how we solve the whole problem instead of 17 solve one piece of it and create other problems we're 18 going to have to struggle with later. 19 CHAIRPERSON NAGY: Thank you. I 20 would like to make a comment but before I do I would 21 like to have Mr. Arroyo come to the podium one more 22 time and, as I said, I am on the master plan and 23 zoning committee commission meeting. I'm a little 24 disappointed because these are not options that were 25 brought up in things that we talked about. So, as I 140 1 said to you, we did make the recommendation to rezone. 2 in the consideration of the master plan committee we 3 considered the neighbors. We also have to consider 4 what's across the street. We can't change Target but 5 that's other residential. Would you please give me 6 your professional opinion as to the zoning that you 7 feel would be appropriate for the Catholic Central 8 whether it's public or residential. 9 MR. ARROYO: In my opinion, I would 10 suggest that you consider it public. When you get to 11 the zoning, I would recommend an R-1 designation. I 12 think that that's reasonable and appropriate and, in 13 fact, I think you could even include that in a motion 14 in terms of a master plan designation. The intent 15 would be even if I designated it as public you can say 16 that your intent is ultimately a zoning classification 17 of single family residential would be there with the 18 public use and in that you've made a policy at the 19 same time of what your opinion is. The other option 20 is go to the other way which is perfectly acceptable 21 and designate it as single family residential. I 22 think it's a matter of preference. I only brought it 23 up as a way of trying to address some concerns that I 24 was perceiving that you weren't feeling that you were 25 having a strong policy statement about these single 141 1 family residences as you would be with the public. So 2 it is just as an option for you to consider. 3 CHAIRPERSON NAGY: Thank you, I 4 appreciate your comments. 5 The motion stands. Unfortunately, I 6 didn't write it down. 7 Do you remember your motion? 8 MR. SCHMITT: The motion was to 9 amend the master plan to single family residential 10 which would consistent with the surrounding 11 properties. 12 CHAIRPERSON NAGY: Single family. 13 MS. KOCAN: I'm going to do something 14 that may be unpopular. I'm making a motion to table 15 and see where it goes, because I see a lot of head 16 shaking and people are not really sure about what it 17 is that's the best thing to do and, therefore, I put 18 that motion to table on the floor until we get 19 additional information regarding the public 20 designation with regard to additional input from -- 21 what we do have the residential input that was stated 22 this evening that was not in my opinion it was not 23 part of the master plan minutes. What it is that they 24 would be requesting. That's my motion. 25 MEMBER SHROYER: There's another 142 1 motion on the table. 2 MEMBER KOCAN: My motion to table 3 supersedes. If I get a second. 4 CHAIRPERSON NAGY: Is there a second 5 to the motion? 6 MEMBER PAPP: I'll second it. 7 CHAIRPERSON NAGY: There's a second 8 to the motion to table this. Do we have any other 9 comments? 10 MEMBER MARKHAM: I would like to. 11 CHAIRPERSON NAGY: Member Markham? 12 MEMBER MARKHAM: I'm very unhappy 13 with how this has gone tonight. I can usually hold my 14 temper at these meetings but I am very unhappy that we 15 spent as much time as we did at the master plan 16 committee reviewing this and these options were never 17 brought out. It's laid out in front of the applicant. 18 No wonder they say they don't want to consider a 19 change they don't know what it would mean and now 20 we're going to wait until we know what we might do 21 with these other residents' homes. I think that's 22 just asking to delay for months the possibility of 23 moving forward on this piece of property and I think 24 that's wrong and I am very unhappy with the materials 25 that was presented to us because it was incomplete. 143 1 And I feel like a fool. I feel like I have egg on my 2 face for having made the original motion and making 3 the recommendations that I made but it was because I 4 was not given all of the information, evidently, and 5 that's all I have to say. 6 CHAIRPERSON NAGY: Mr. Ryan, any 7 follow-up? 8 MR. RYAN: Just briefly. Thank you. 9 I would just say -- and I know the hour is late and I 10 appreciate all your time and appreciate your comments. 11 But hearing Mr. Arroyo just speak we all know we're 12 going to get the R-1 next time we come here. If it 13 doesn't matter if it's R-1 or public, then why not 14 just make it residential, because we're going to come 15 back here in "X" amount of weeks and ask for R-1 16 anyway. 17 CHAIRPERSON NAGY: So are you saying 18 that if the commission would, you would be amenable 19 with R-1? 20 MR. RYAN: Yes, ma'am. 21 MEMBER MARKHAM: But that's a zoning 22 designation. 23 CHAIRPERSON NAGY: You're right. 24 MR. RYAN: Sorry. 25 MEMBER SHROYER: It has to be the 144 1 same. 2 CHAIRPERSON NAGY: Does anybody have 3 any comment, any other comment? 4 The motion on the table -- the motion 5 at the table at this point is to table this. Can I 6 have a roll call if you would please, Mr. Schmitt. 7 MR. SCHMITT: Chairperson Nagy? 8 CHAIRPERSON NAGY: No. 9 MR. SCHMITT: Commissioner Papp? 10 MEMBER PAPP: Yes. 11 MR. SCHMITT: Commissioner Paul. 12 MEMBER PAUL: No. 13 MR. SCHMITT: Commissioner Shroyer? 14 MEMBER SHROYER: Yes. 15 MR. SCHMITT: Commissioner Sprague? 16 MEMBER SPRAGUE: No. 17 MR. SCHMITT: Commissioner Avdoulos? 18 MEMBER AVDOULOS: No. 19 MR. SCHMITT: Commissioner Kocan? 20 MEMBER KOCAN: Yes. 21 MR. SCHMITT: Commissioner Markham? 22 MEMBER MARKHAM: No. 23 MR. SCHMITT: Motion fails four to 24 four. 25 MEMBER KOCAN: No. Only three 145 1 people opposed. 2 MR. SCHMITT: Oh, you're right, I'm 3 sorry. 4 MEMBER KOCAN: Five to three. 5 CHAIRPERSON NAGY: Five to three, not 6 four to four. The motion fails five to three. There 7 were only three people that voted- 8 MR. SCHMITT: (Interposing) Oh, 9 Avdoulos, Nagy, Paul and Sprague voted no. 10 CHAIRPERSON NAGY: And Markham. 11 MR. SCHMITT: Then that fails the 12 motion five to three. 13 CHAIRPERSON NAGY: That's right. 14 MR. SCHMITT: I'm sorry. I 15 apologize. 16 CHAIRPERSON NAGY: It's late. 17 Now we're back to the original 18 motion which was to amend the master plan from office 19 and light industrial to single family residential as 20 designated on the master plan for land use. That was 21 the original. 22 Member Shroyer? 23 MEMBER SHROYER: Mr. Fisher, since I 24 supported the original motion am I permitted to vote 25 against it? 146 1 MR. FISHER: Yes. 2 CHAIRPERSON NAGY: All right. Is 3 there any further discussion on this? 4 On the original motion which is 5 stated would you like to restate it again? 6 MEMBER MARKHAM: It's to change the 7 master plan designation from office and light 8 industrial to single family. 9 CHAIRPERSON NAGY: Right. If you 10 would, please, call for the roll, please. 11 MR. SCHMITT: Commissioner Markham. 12 MEMBER MARKHAM: Yes. 13 MR. SCHMITT: Commissioner Nagy? 14 CHAIRPERSON NAGY: Yes. 15 MR. SCHMITT: Commissioner Papp? 16 MEMBER PAPP: No. 17 MR. SCHMITT: Commissioner Paul? 18 MEMBER PAUL: No. 19 MR. SCHMITT: Commissioner Shroyer? 20 MEMBER SHROYER: No. 21 MR. SCHMITT: Commissioner Sprague? 22 MEMBER SPRAGUE: No. 23 MR. SCHMITT: Commissioner Avdoulos? 24 MEMBER AVDOULOS: Yes. 25 MR. SCHMITT: Commissioner Kocan? 147 1 MEMBER KOCAN: No. 2 MR. SCHMITT: Motion fails five to 3 three. 4 CHAIRPERSON NAGY: Unfortunately, 5 with that we are concluded in this and will have to go 6 back to the planning department. 7 MR. EVANCOE: You can still make 8 another motion if you like? 9 CHAIRPERSON NAGY: What other motion 10 is there to make at 11:30? 11 MR. EVANCOE: You can say public if 12 you wanted it. 13 CHAIRPERSON NAGY: No. I would like 14 to say to the commission at this hour and I am aware 15 that we are all tired. We have come to some sort of 16 reasonable resolution at this point. 17 MEMBER KOCAN: Mr. Fisher, can we 18 make a motion to table again and give us two weeks? 19 I'm not looking to table this for two months? 20 MR. FISHER: In other words, the 21 thrust of that would be to make sure it's not to be 22 considered denied but to continue the dialogue. I 23 think it would be proper to make a motion to postpone 24 for a future proceedings. 25 CHAIRPERSON: And make a date as to 148 1 next Planning Commission. 2 MR. FISHER: Right. 3 CHAIRPERSON NAGY: Could you? 4 MEMBER KOCAN: Motion to postpone 5 until a recent Planning Commission meeting when we 6 have additional materials. 7 MEMBER MARKHAM: Second. 8 CHAIRPERSON NAGY: All right. The 9 motion is to postpone until the next available date 10 after the commission receives further information. 11 Mr. Schmitt, if you would please call the roll. 12 MR. SCHMITT: Commissioner Papp? 13 MEMBER PAPP: Yes. 14 MR. SCHMITT: Commissioner Paul? 15 MEMBER PAUL: Yes. 16 MR. SCHMITT: Commissioner Shroyer? 17 MEMBER SHROYER: Yes. 18 MR. SCHMITT: Commissioner Sprague? 19 MEMBER SPRAGUE: Yes. 20 MR. SCHMITT: Commissioner Avdoulos? 21 MEMBER AVDOULOS: Yes. 22 MR. SCHMITT: Commissioner Kocan? 23 MEMBER KOCAN: Yes. 24 MR. SCHMITT: Commissioner Markham? 25 MEMBER MARKHAM: Yes. 149 1 MR. SCHMITT: Chairperson Nagy? 2 CHAIRPERSON NAGY: Yes. 3 MR. SCHMITT: Motion passes eight to 4 zero. 5 CHAIRPERSON NAGY: Now that the 6 motion is passed we will postpone this until the next 7 agenda. 8 MR. RYAN: Thank you. 9 CHAIRPERSON NAGY: And your 10 properties are not rezoned. 11 We are almost done here and we are 12 approaching that magical hour. All in favor of 13 continuing the meeting say "Aye". 14 MEMBER SPRAGUE: Aye. 15 MEMBER PAUL: Aye. 16 MEMBER SHROYER: Aye. 17 MEMBER MARKHAM: Aye. 18 MEMBER KOCAN: Aye. 19 MEMBER PAPP: Aye. 20 MEMBER AVDOULOS: Aye. 21 CHAIRPERSON NAGY: Motion to 22 continue the meeting. We're going to continue the 23 meeting and would like to get out of here because the 24 court reporter can't hear and I really appreciate all 25 of your cooperation at this point in the evening. 150 1 Other matters of consideration we 2 have the approval of the October 16th, 2002 Planning 3 Commission meeting minutes. 4 MEMBER KOCAN: I can make a motion to 5 postpone this to the next meeting. I probably have 18 6 pages of corrections. 7 CHAIRPERSON NAGY: I think that's 8 wonderful. 9 MEMBER SPRAGUE: So moved. 10 CHAIRPERSON NAGY: All in favor say, 11 "Aye". 12 MEMBER SPRAGUE: Aye. 13 MEMBER PAUL: Aye. 14 MEMBER SHROYER: Aye. 15 MEMBER MARKHAM: Aye. 16 MEMBER KOCAN: Aye. 17 MEMBER PAPP: Aye. 18 MEMBER AVDOULOS: Aye. 19 CHAIRPERSON NAGY: The next matter 20 for consideration is the request of JS Evangelistic 21 Development, LLC for approval of a one year Final Site 22 Plan extension. The subject property is located in 23 Section 2 at Fourteen Mile and Decker Roads. The 24 applicant proposes 100 unit congregate senior housing 25 project on 4.67 acres. The property is zoned R-A, 151 1 parenthesis, PUD. The applicant received one previous 2 site plan extension on December 19th, 2001. I will 3 turn this over to the commission. Do we have a motion 4 to extend this one year? 5 MEMBER KOCAN: Madame Chair, based on 6 the information that was supplied to the planning 7 department they are not aware of any changes to the 8 ordinances or surrounding land uses that would effect 9 an additional extension. I make a motion in the 10 matter of Maples Manor SP98-57 to grant approval of a 11 one year final site plan extension. 12 MEMBER PAUL: Support. 13 CHAIRPERSON NAGY: Is there any 14 further discussion? 15 Mr. Schmitt, if you would please call 16 the roll. 17 MR. SCHMITT: Commissioner Avdoulos? 18 MEMBER AVDOULOS: Yes. 19 MR. SCHMITT: Commissioner Kocan? 20 MEMBER KOCAN: Yes. 21 MR. SCHMITT: Commissioner Markham? 22 MEMBER MARKHAM: Yes. 23 MR. SCHMITT: Commissioner Nagy? 24 CHAIRPERSON NAGY: Yes. 25 MR. SCHMITT: Commissioner Papp? 152 1 MEMBER PAPP: Yes. 2 MR. SCHMITT: Commissioner Paul? 3 MEMBER PAUL: Yes. 4 MR. SCHMITT: Commissioner Shroyer? 5 MEMBER SHROYER: Yes. 6 MR. SCHMITT: Commissioner Sprague? 7 MEMBER SPRAGUE: Yes. 8 MR. SCHMITT: Motion passes eight to 9 zero. 10 CHAIRPERSON NAGY: Thank you. The 11 next item on the agenda is matters for discussion. 12 There are no matters for discussion. 13 The next item on the agenda is 14 special reports. Do we have any special reports? 15 MR. EVANCOE: No. 16 CHAIRPERSON NAGY: Thank you, 17 Mr. Evancoe. We have no special reports. 18 The next item on the agenda is 19 audience participation. Is there anyone that would 20 like to come forward and address the Planning 21 Commission? 22 Seeing no one, I will close the 23 audience participation. 24 The next item is the Chair will 25 entertain a motion to adjourn. 153 1 MEMBER PAUL: So moved. 2 MS. KOCAN: All in favor say "I". 3 MEMBER SPRAGUE: I. 4 MEMBER PAUL: I. 5 MEMBER SHROYER: I. 6 MEMBER MARKHAM: I. 7 MEMBER KOCAN: I. 8 MEMBER PAPP: I. 9 MEMBER AVDOULOS: I. 10 CHAIRPERSON NAGY: Motion passes. 11 Thank you very much. 12 (The meeting was concluded 13 at 11:40 p.m.) 14 - - - 15 16 17 18 19 20 21 22 23 24 25 154 1 C E R T I F I C A T E 2 3 4 I, Darlene K. May, do hereby certify 5 that I have recorded stenographically the proceedings 6 had and testimony taken in the above-entitled matter 7 at the time and place hereinbefore set forth, and I do 8 further certify that the foregoing transcript, 9 consisting of one hundred fifty-five (155) typewritten 10 pages, is a true and correct transcript of my said 11 stenographic notes. 12 13 14 Signature on File Darlene K. May, RPR, CSR-6479 15 16 January 17, 2003 17 (Date) 18 19 20 21 22 23 24 25 155
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