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PLANNING COMMISSION
REGULAR MEETING
ACTION SUMMARY
WEDNESDAY, MARCH 23, 2005 7:30 P.M.
COUNCIL CHAMBERS - NOVI CIVIC CENTER
45175 W. TEN MILE, NOVI, MI 48375
(248) 347-0475

CALL TO ORDER

The meeting was called to order at or about 7:30 p.m.

ROLL CALL

Present: Members John Avdoulos, Victor Cassis, Lynn Kocan, Mark Pehrson, Lowell Sprague, Wayne Wrobel

Absent: Members Andrew Gutman (excused), David Lipski (excused)

Also Present: Barbara McBeth, Director of Planning; Tim Schmitt, Planner, Mark Spencer, Planner; Darcy Schmitt, Planner; Lance Shipman, Landscape Architect; Ben Croy, Civil Engineer; David Gillam, City Attorney

PUBLIC HEARINGS

1. MIRACLE SOFTWARE, SITE PLAN NUMBER 05-08

Public Hearing on the request of Steve Sorensen of JB Donaldson Company for Preliminary Site Plan approval, Woodland Permit, Wetland Permit, Storm Water Management Plan and approval of Special Land Use request. The subject property is located in Section 16, south of Grand River Avenue and west of Taft Road in the I-1, Light Industrial District. The applicant is proposing a 30,000 sq. ft., two-story building. The subject property is 5.470 acres.

In the matter of the request of Miracle Software, SP05-08, motion to approve the Special Land Use, subject to: 1) A Planning Commission finding that the use meets all factors of Section 2516.2.c – the use is compatible with the natural features and the characteristics of the land and the surrounding uses, it is consistent with the goals, objectives and recommendations of the City’s Master Plan and will promote the development of land in a socially and economically desirable manner; 2) No lighting or speaker system will be installed at the sport courts; and 3) The Applicant will sign the property with "No Trespassing" signs. Motion carried 6-0.

In the matter of the request of Miracle Software, SP05-08, motion to approve the Preliminary Site Plan, subject to: 1) A ZBA variance for building height for 7’4" for a total height of 32’4"; 2) A Planning Commission finding that the proposed front yard parking meets the conditions of the Schedule of Regulations (2400.h.5; 3) A Planning Commission Waiver for the required berm adjacent to Grand River Avenue, such that the Applicant works with the Planning Department to find the best use, size and shape of the berm; 4) A Planning Commission Waiver of street trees requirement along Grand River due to the Road Commission of Oakland County policy for preventing street trees along the Grand River Avenue right-of-way; 5) A Planning Commission Partial Waiver for the required berm or screening wall adjacent to residential due to the preservation of the existing woodlands; 6) Modification of the west driveway location, as indicated by the Traffic Review, at the time of Final Site Plan submittal, such that all considerations shall be made to improve the safety of the area; 7) Planning Commission Waivers of the Design and Construction Standards for the driveway spacing as indicated in the Traffic Review and the Engineering Review; 8) The approval from the Fire Marshal on the turning radii; and 9) All conditions and comments of the Staff and Consultant reviews being addressed at the time of Final Site Plan submittal; for the reason that the plan meets the intent of the Master Plan for Land Use. Motion carried 6-0.

In the matter of the request of Miracle Software, SP05-08, motion to approve the Stormwater Management Plan subject to: 1) A drainage easement with the adjacent property be resolved at the time of Final Site Plan review; and 2) All conditions and comments of the Staff and Consultant reviews; for the reason that the Applicant continues to work with the City to meet the intent of the City Ordinances. Motion carried 6-0.

In the matter of the request of Miracle Software, SP05-08, motion to approve the Woodland Permit subject to: 1) All conditions and comments of the Staff and Consultant reviews; and 2) A Woodland Preservation Easement be included as discussed and directed by the City; for the reason that the Applicant is working with the City to meet the spirit of the Ordinance. Motion carried 6-0.

In the matter of the request of Miracle Software, SP05-08, motion to approve the Wetland Permit, subject to: 1) All important items being addressed at the time of Final Site Plan review; 2) All conditions and comments of the Staff and Consultant reviews; and 3) The determination by the Planning Department and the MDEQ to define that, if there are regulated wetlands, the roadway to the south may be removed or designed with a "T" at the time of Final Site Plan as determined by the Planning Department; for the reason that the Applicant is working with the City to resolve the issues to meet the local Ordinances. Motion carried 6-0.

2. ZONING MAP AMENDMENT 18.646

Public Hearing on the request of Tony Gallo for recommendation to City Council for rezoning property located in Section 1, south of Fourteen Mile Road and west of Haggerty Road, behind the Speedway Gas Station, from OST, Office Service, to B-3, General Business. The "L" shaped property is 1.33 acres.

In the matter of the request of Zoning Map Amendment 18.646 for American Land Inc, motion to recommend denial to City Council to rezone the subject property from OST to B-3, for the reasons that: 1) The request is not consistent with the Master Plan for Land Use; 2) B-3 is largely automotive oriented and all uses could be developed which may not necessarily be compatible with the OST in the area; 3) A policy decision in the late 1990s was made to turn Haggerty into an office corridor, with the exception of the Speedway gas station; and 4) According to a public opinion survey completed in 2002, many people of this community held that adequate retail development currently exists in the City of Novi. Motion carried 6-0.

3. ZONING MAP AMENDMENT 18.647

Public Hearing on the request of Steve Schafer for recommendation to City Council for rezoning property located in Section 17, east of Wixom Road and south of Grand River Avenue, from I-2, General Industrial and R-1, Single Family Residential, to RT, Two Family Residential. The subject property is 37.750 acres.

In the matter of the request of Steve Schafer of Schafer Development for Zoning Map Amendment 18.647, motion to recommend approval to City Council for the rezoning from I-2, Light Industrial, and R-1, Single Family, to R-T, Two Family residential, for 37.75 acres, for the reasons that: 1) the request is in compliance with the recently adopted Master Plan for Land Use; and 2) The request provides a positive transition between Target to the north and the community park to the south. Motion carried

5-1.

4. SIGN ORDINANCE TEXT AMENDMENT 18.195

Public Hearing for Planning Commission’s recommendation to City Council to amend Chapter 28, "Signs" of the City of Novi Code relating to non-commercial message signs (election and political).

Motion to send a positive recommendation to City Council of the Sign Ordinance Text Amendment 18.195, as amended. Motion carried 6-0.

5. SIGN ORDINANCE TEXT AMENDMENT 18.196

Public Hearing for Planning Commission’s recommendation to City Council to amend Chapter 28, "Signs" of the City of Novi code in order to incorporate regulations relating to window signs, portable signs and non-conforming signs.

Motion to send a positive recommendation to City Council of the Sign Ordinance Text Amendment 18.196 clean-up items, as presented. Motion carried 6-0.

ADJOURNMENT

The meeting adjourned at 11:41 p.m.

SCHEDULED AND ANTICIPATED MEETINGS

FRI 03/25/05 CITY OFFICES CLOSED

MON 04/04/05 CITY COUNCIL MEETING 7:00 PM

MON 04/04/05 IMPLEMENTATION COMMITTEE MEETING 6:00 PM

TUE 04/05/05 ZONING BOARD OF APPEALS 7:30 PM

WED 04/13/05 PLANNING COMMISSION MEETING 7:30 PM

MON 04/18/05 CITY COUNCIL MEETING 7:00 PM

WED 04/27/05 PLANNING COMMISSION MEETING 7:30 PM

TUE 05/03/05 ZONING BOARD OF APPEALS 7:30 PM

MON 05/09/05 CITY COUNCIL MEETING 7:00 PM

WED 05/11/05 PLANNING COMMISSION MEETING 7:30 PM

*Actual language of motions subject to review.