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

Present: Members John Avdoulos, Brian Burke, Victor Cassis, Andrew Gutman, Michael Lynch, Michael Meyer, Mark Pehrson, Wayne Wrobel

Absent: Member David Lipski (excused)

Also Present: Tim Schmitt, Planner; Kristen Kapelanski, Planner; David Beschke, Landscape Architect; Ben Croy, Engineer; John Freeland, Wetland Consultant; Pete Hill, Wetland Consultant; Andrea Kline, Woodland Consultant; Tom Schultz, City Attorney; Kristen Kolb, City Attorney’s Office

The meeting attendees recited the Pledge of Allegiance.

Moved by Member Pehrson, seconded by Member Wrobel:

No one from the audience wished to speak.

There was no correspondence to share.

There were no Committee reports.

Planner Tim Schmitt told the Planning Commission that on March 19, 2007, City Council approved ECT as the new Environmental Consultant for wetland and woodland review. Architectural review was awarded to Metco Services. The vet clinic text amendment was approved.

Mr. Schmitt asked the Master Plan and Zoning Committee members to report back to Mark Spencer on when they would be available for a meeting.

Consideration of the request of Richard Abbott of Providence Hospital and Medical Centers, for Landscape Waiver approval. The subject property is located in Section 17, south of Providence Hospital Ring Road, west of Beck Road, in the OSC, Office Service Commercial District. The subject property is 198.46 acres overall and the Applicant is requesting a waiver of the screening berm in light of the wetlands, in order to relocate the maintenance building that was located on the Providence Hospital site, prior to the hospital expansion.

Moved by Member Pehrson, seconded by Member Gutman:

Planner Kristen Kapelanski described the project for the Planning Commission. The underground power cable will supply power to the new hospital addition. The project area is located in the ITC Corridor, beginning at the Tahoe substation south of Ten Mile and continuing north to Grand River Avenue, which is about a two-mile track. The subject property is mostly bordered by residential uses. At Grand River are the Providence Hospital grounds (zoned OSC) to the east and industrial uses (both I-1 and I-2) to the west. The majority of the project area is zoned R-A, Single Family Residential, but to the north some land is zoned I-1, Light Industrial. On the north side of Grand River the land is zoned B-3. The Master Plan for Land Use indicates utility uses for most of the corridor and office uses near Grand River.

There are eight regulated wetlands will be crossed in the project area. The Wetland Consultant recommends approval of the Wetland Permit subject to additional items being addressed on the Final Site Plan submittal and MDEQ authorization. There are regulated woodlands near Grand River. 98 regulated trees and 26 dead trees are proposed for removal. The Woodland Permit is recommended for approval subject to additional information being provided at the time of Final Site Plan submittal.

Ed Cholewa addressed the Planning Commission. He is the engineer on the project, hired by Detroit Edison. He offered to answer any questions.

Chair Cassis opened the floor for public comment:

Richard Abbott, Providence Hospital: Said this power is necessary for the opening of the hospital. This connection must be accomplished by July; the hospital should be open for business by next July.

Member Pehrson read the correspondence into the record:

Andrea Lenzi, 48855 West Ten Mile: Questioned what the project was and asked for additional information.

Robert Weaver, 23851 Heartwood: Objected to the project because he wanted the environment left alone.

Chair Cassis closed the Public Hearing.

Member Wrobel asked for comment from the environmental consultants. Dr. John Freeland said the project involves the stretch of corridor between Ten Mile and Grand River. This is an underground installation of the power line. The plan is to cut a narrow trench for the line. The Applicant will cross several regulated wetlands. The plan calls for restoration to the original grade. The wetlands must be replanted. The Applicant must segregate top soil from sub-soil, so the top soil is on top to promote a successful regrowth of the area. Dr. Freeland’s letter indicated that the wetland impact is just over 6,000 square feet; this number has since moved to 5,214 square feet. About 6,314 square feet of wetland buffer will be restored after installation. The Applicant has asked to quantify the buffer impacts on the plan. The Applicant has agreed to do so. The silt fence should also be shown on their plan. The cost estimate of the restoration should be provided. These items should be provided prior to the permit being issued. Dr. Freeland said that one growing season should be sufficient for the new growth to establish itself. There will only be one area for clearing, which is near Providence Hospital. The other areas have herbaceous cover, and would regenerate within one year.

Member Lynch asked for the timing of the project, and how the homeowners would be notified. Mr. Bob Darket of Detroit Edison responded that the project would begin once the permit process is completed. It will be accomplished in three phases, as far as the construction of the conduit system is concerned. First, the area north of Eleven Mile will be addressed. There is an existing overhead lead there which will temporarily feed the hospital. From that primary lead, the line will travel to a primary switch cabinet that the hospital intends to take a permanent service off of by approximately July 2007. After this initial stage, another contractor will complete the conduit work from the substation on the south side of Ten Mile all the way up to and including the crossing of Eleven Mile, where they will leave off in the first stage to get the power to the hospital. The hospital is bringing load onto this system on two levels: One level is already met, which is a temporary level for them to use during their construction. They have an additional load that comes on in July. Their permanent full-load service is approximately due in July 2008. The work will also be completed up to and across Grand River. Then, the contractor will pull two more cables from the substation to Grand River, between July 2007 and July 2008. This allows the hospital to get its full load. A tree contractor will then come in to perform the tree replacement.

Member Lynch drove the site and noted the homeowners that line the corridor. He was concerned that while it was important to get power to Providence, he wanted assurance of timeliness for the adjacent homeowners. Mr. Darket said that the work will be done in staged areas. The work will include the construction, then the manhole and conduit system placement, then the cable pulling, the splicing, testing, energizing, etc. Mr. Darket said that the work will encompass the whole next year, not every day, but multiple times throughout the year.

Member Lynch didn’t want the Applicant to over-promise, but he did want this on record, what the adjacent homeowners could expect. He hoped there would be communication with the homeowners so that they know what to expect. Mr. Darket offered to draw up a schedule and have it relayed to the community. Member Lynch was pleased, and he thought that communication with the neighbors would make everyone happy.

Member Gutman understood the impact would be of temporary nature. Moreover, it sounded like an essential project for a very important Novi project.

Moved by Member Gutman, seconded by Member Pehrson:

Moved by Member Gutman, seconded by Member Pehrson:

Chair Cassis noted that this is a necessary project for the hospital and wished the Applicant luck.

The Public Hearing was opened on the request of the City of Novi Police Department for Preliminary Site Plan and Special Land Use permit approval. The subject property is located in Section 14, north of Eleven Mile, east of Delwal Drive, at the City of Novi Field Services Facility. The Applicant is proposing an eight lane indoor gun range for police use only.

Planner Tim Schmitt described the project. The property abuts I-96 and Walsh College and a small office complex. The existing concrete pad and recycling center are the precise location of the proposed building. The Master Plan recommends public uses for this property, consistent with the proposal. It is zoned I-1, Light Industrial, which does allow municipal uses as a Special Land Use.

There is a wetland to the east, but no impacts are proposed. There are regulated woodlands, but only three trees are being removed.

Mr. Schmitt further described the Field Services complex. The DPW building is in the center. There is parking along either side of the building and an existing radio tower. The City commissioned a study by Volden Associates earlier this year to review the possibility of the firing range and the future of this complex. The gun range will be a long narrow building at the far end of what will be the DPW expansion. The DPW is planning to fill in the area between the two buildings with two large bay doors for the equipment storage. This will be an expansion of the existing bay doors. There will be two smaller additions to the rear for office space and a variety of different uses.

The key change is the recycling center. It will be replaced with gun range parking. The recycling area will be moved closer to Delwal and will be more publicly accessible. It will not require its customers to come anywhere near the entrance gate. It is a much safer location for the public.

The scale pit is proposed along the north side, along with an entrance drive, which will provide better access to the whole site. Right now, DPW uses portable scales for truck weighing. This will provide a permanent location for the City. That proposal is not part of the package tonight – just the gun range is before the Planning Commission for consideration.

The gun range is approximately 150 feet long and will provide eight lanes. There is a small parking area proposed. The lane along the south side of the building is for emergency access for the Fire Department. It is temporary, as the area will become the DPW expansion. Access to the site will come off of the existing DPW entrance in the south, with a road being built to the north. The building is nearly 100% brick. The mechanical units are proposed to be ribbed metal panel to match the DPW building. Mr. Schmitt showed an example of the panel. The DPW is more than 500 feet from the expressway so they were allowed to use that material. The gun range is within 500 feet of the expressway so the ribbed metal requires a Section 9 Waiver. The City proposes the material for the sake of consistency. If the Planning Commission does not wish to grant the Waiver, standing C-Metal will be used in its stead. The one other piece of the expansion is the second floor of this building. This level will be used eventually for storage and will also house the mechanical equipment.

This is a Special Land Use request. The Planning Commission should consider the findings listed in Section 2516.2.c of the Ordinance. The Staff has not identified any major concerns regarding this Special Land Use request and therefore recommends approval. The one key factor that should be noted is the requirement of a Noise Analysis. This document was prepared by Meggitt Defense Systems (Detroit Caswell), the main supplier for the reclining GranTrap gun range. This study was commissioned to alleviate the noise concerns. Guns can be heard outside of an eight-inch block wall. The findings are relevant. The City is proposing to use similar types of firearms as what was found in the study. A 223 rifle was used in the study. The pistols are slightly different and Lt. Lauria of the Police Department was available at the meeting to discuss this issue further.

The building construction used in the Noise Analysis was an eight-inch block wall. The City is proposing a higher level of construction. There will be an eight-inch block wall, three inches of air and insulation and then there will be a brick veneer. This will further dampen the noise.

The Noise Analysis measured the noise just outside the wall. Noise-wise, these numbers are very close to what the Ordinance requires, but the City’s Ordinance allows for the readings to be performed five feet off of the property line, which would be another 200 feet away. Given these factors, the Staff is not concerned about the noise. There is no concern that this will become a nuisance issue.

The Planning Review recommends that the Planning Commission make a finding regarding front yard parking. If acceptable, the Planning Commission should find that according to Section 2400.h.5, front yard parking is compatible and consistent with the surrounding developments.

The Planning Commission must also make a finding under Section 2505.10, that the amount of parking proposed is adequate for the use proposed, and consistent with other listed uses in the Ordinance. Since a gun range does not have a parking calculation in the Ordinance, the Staff considered the use similar to that of a warehouse, i.e., there is a large amount of unusable space.

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

If the Planning Commission grants the Section 9 Waiver, ribbed metal panel will be used on the building; otherwise, standing C-Metal will be used.

The Engineering Review noted several items. The soil borings will have an impact on this proposal, and they are currently under review. There are two grey areas noted on the plan before the Planning Commission. The Staff continues to encourage some use of green building design. These light grey areas are proposed for pervious concrete. Many developers have asked for this but the City does not know how it will work; this is a good case on which to try the material, assuming the soils are appropriate and the cost is not prohibitive. The Stormwater Management Plan is somewhat in the air in light of this issue. The City would like to work on this concept to reduce the need for stormwater management. This will provide an answer to the City on the validity of this material, so that future applicants can consider this material if appropriate. If the soils don’t work, the standard pavement cross-section will be used and the Stormwater Management Plan will be designed as proposed. A meeting on these issues will take place in the near future.

Chief David Molloy of the Novi Police Department addressed the Planning Commission. He said they have no greater need in law enforcement than to protect the rights, liberties, properties and the safety and well-being of the community. This right entails the police carrying firearms. Currently the police force uses the Farmington indoor gun range, which is almost three miles outside the City. In drive time alone, the department spends about 35 hours per month traveling to the Farmington facility.

Chief Molloy believes that the Field Services complex is a good location for this building. He was pleased to state that this project would be paid for with federal drug forfeiture funds. Some of the preliminary site work would have to be taken care of by the DPW before they can build their building.

Chief Molloy introduced Deputy Chief Tom Lindberg, Lt. Victor Lauria and consultants Tom DeHondt from Hubbell Roth and Clark, and Dan Redstone from Redstone Architects.

Chief Molloy said that this location will allow for constant visibility of the patrol cars within the community. This is a critical infrastructure for this community. This will further help in deterring and preventing crime in Novi. This will also deter people from trying to steal items from the DPW yard. This will add to the safety and security of the area.

Chief Molloy said the 5,100 square-foot building will be a state-of-the-art gun range. He suspected it would become a model for other communities to look at. He offered to answer any questions.

Member Pehrson read the correspondence into the record:

Kenichiro Maemura, 41650 Gardenbrook: Approved of the project.

No one from the audience wished to speak so Chair Cassis closed the Public Hearing.

Member Wrobel noticed the proposal called for twelve parking spaces and there are eight firing lanes. Chief Molloy said that the likelihood of eight lanes being used simultaneously is rare. However, this amount of parking would allow for regional training classes to be held on site. He added that a classroom would also be part of the building. The need for this amount of parking may occur three or so times per year.

Member Wrobel asked if there would be range officer on duty. Chief Molloy said that it wouldn’t be a situation where there was an employee present every single day. Right now, the opportunity is provided to practice two times per month. He anticipated this frequency to increase with the gun range within the community. There would not be an employee there all day. A range officer is specifically trained at an advanced level in firearms discharge. There will always be an officer on site when the range is open. He estimated that the range would be open 25 hours per week, depending on the level of qualification the force requires.

Member Wrobel asked about the need for parking overflow. Chief Molloy did not anticipate that this would happen. However, if more parking was ever necessary for a training session, the police could transport the people or make use of other parking areas in the DPW yard.

Member Wrobel asked if the second floor would ever be used for additional office space. Chief Molloy responded that he did not anticipate that option. He considered the mezzanine area would be strictly for storage for the DPW. He didn’t envision the Police Department ever needing this space. He iterated that this shared efficiency between departments is one of the selling features of this design.

Member Wrobel asked about the twelve spaces and whether Mr. Schmitt felt there was room in the DPW yard for overflow parking. Mr. Schmitt responded that there is an existing concrete pad that will remain in place and will serve as a very effective overflow parking area. It is adjacent to the building on the south side. In the future, there will be a substantial amount of parking to the north of this building. If Chief Molloy doesn’t want this many vehicles on site, ferrying the people to the gun range is also a very applicable idea.

Member Wrobel asked if there was a timeline associated with the future DPW building. Mr. Schmitt was not aware of one. This DPW site plan information will be conveyed to the Planning Commission as soon as it is known. There will be wetland and woodland permits necessary for the DPW expansion. There will also be some utility work necessary.

Member Pehrson asked what material would be used for the second story. Mr. Schmitt responded that he anticipated the entire building to be made of brick. Because the second story would likely be visible from the expressway, the City is going to look to meet its own Ordinance.

Member Pehrson asked about the timing of the gun range and recycling center relocation. Mr. Schmitt responded that the recycling center will probably get moved first. If not, it will be moved long before construction begins. A road will replace the current location. A substantial amount of dirt work will be necessary.

Mr. Schmitt said that when the recycling center is moved, the displaced trees will be relocated to the firing range area. Member Pehrson was please with this information. He felt that moving the recycling area outside of the fenced area was a great matter of safety and security.

Member Pehrson thought that within the scope of this entire complex, the front yard parking as proposed is acceptable. He felt twelve spaces seemed reasonable. He thought the criteria for granting the Special Land Use has been met. He didn’t think the project impacted the surrounding environment. For consistency, he also supported the Section 9 Waiver.

Member Avdoulos asked whether the Field Services Master Plan was available for the Planning Commission. Mr. Schmitt said that he would get copies for them.

Member Avdoulos said he knew that people would get concerned about noise when they heard about a firing range, but he was confident this was a good location for it. He thought this proposal met the criteria that the Planning Commission was asked to consider regarding the Special Land Use. He thought that twelve parking spaces were appropriate.

Member Avdoulos asked whether anyone else other than Novi Police would be using the range. Chief Molloy said that no plans for others’ use have been made thus far. If another sworn law enforcement agency would like to rent the facility, Chief Molloy said he could make the building available for them. He has researched this suggestion to determine whether renting the building would be cost-effective for the City, but at this point in time no one has approached him to inquire about this possibility. The officers at the 52-1 courthouse qualify at the Sheriff’s office in Pontiac. There are other local agencies that also use the Farmington range.

Member Avdoulos has worked on a run range facility rehab in Westland. When they removed the duct work it was loaded with lead. He said it was important to leave enough room for whatever exhaust system is being proposed for this building. Member Avdoulos agreed that brick and block would be more than adequate for handling the sound. This is a simple facility that is a necessity. It is being proposed in the right location. The ribbed metal siding will match what is already there and is appropriate.

Member Avdoulos thought the landscape plan looked spartan. Mr. Schmitt said the design meets the intent of green space and will look nicer with the trees being moved onto the site.

Member Avdoulos said that all of the conditions necessary for the Special Land Use have been met.

Moved by Member Avdoulos, seconded by Member Pehrson:

Member Meyer asked how the use would promote the use of land in a socially and economically desirable manner. He thought that socially, it does provide safety. But economically, he didn’t see that the building was anything more than four walls. Mr. Schmitt agreed that the protection of the citizens and the training of officers were accurate. The land is already tax-exempt, and this building certainly adds value to the land should it ever have to be sold. It does promote the economic viability of the City by demonstrating that the City builds to its own standards.

Member Avdoulos added that police presence being added to the area and keeping the officers within the City is economically efficient.

Chair Cassis confirmed that the floor would be smooth concrete. He wondered if the building could also be used by the schools for some other use. Chief Molloy responded no, simply for the sake of the liability involved. The building is strictly for firing weapons.

Moved by Member Avdoulos, seconded by Member Pehrson:

Member Meyer asked whether it was necessary to grant the Section 9 Waiver given the proximity of the building to the expressway. He wished that brick would be used. Mr. Schmitt responded that the temporary rooftop screening for the units would need the ribbed metal panels. Once the second story is built, the units will be screened by brick.

Member Avdoulos encouraged the City to work with the pervious concrete issue. He said this would be a great area for experimentation. Also, since this area isn’t necessarily within the public eye, it further lends itself to be a great location for experimenting. This makes the City good stewards of the land.

Member Avdoulos also cited the location of this building as a non-issue. In Westland the firing range is right in the mix of things; this relatively low-profile site will not create issues for anyone. The design team is top-notch.

Moved by Member Avdoulos, seconded by Member Pehrson:

Public Hearing for Planning Commission’s recommendation to City Council for an ordinance to amend the City of Novi Zoning Ordinance at Article 23A, Planned Office Service Technology, to permit educational facilities in limited instances.

Planner Tim Schmitt said that this is a developer-initiated request from Northern Equities. He assumed they had a tenant interested in their park. Northern Equities provided language for consideration, and the Staff has reviewed their suggestions and researched other municipalities’ language. Additionally, the suggestion made by Member Wrobel at the last meeting, to address sports complexes, was also researched.

Mr. Schmitt said that the language being proposed was found to be acceptable by Northern Equities. The intent has been met, yet the language is restrictive enough that a true university cannot pop up in the district, thereby exempting valuable OST property from the tax rolls.

Mr. Schmitt said that the language allows educational facilities as a permitted use. Dormitories and outdoor sports facilities will not be permitted. Mr. Schmitt said that the Staff supports this text amendment, and plans to send this forward to City Council on the second meeting in April. Adoption of the amendment would presumably be in May, assuming that City Council approves of the change.

Chair Cassis asked if the language was pertinent for other zoning districts. Mr. Schmitt responded that a more broad-reaching proposal regarding educational facilities may be considered in the future. The Light Industrial district allows trade schools, when not adjacent to residential, and Staff has considered modifying this language. The City has also received a similar request for the NCC (Non-Center Commercial) District and its review is underway.

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

Member Burke asked whether indoor sports facilities would be allowed. Mr. Schmitt explained that this is the last change that was made to the proposed language. He said that indoor recreation is already permitted in the district, so by restricting outdoor sports facilities the language won’t create a conflict. He suggested that if the Planning Commission has a problem with this, they might consider reviewing the concept of sports facilities in the zoning district as a whole after this amendment goes forward.

Member Lynch confirmed that by excluding dormitories, all forms of student housing is denied. Member Lynch asked City Attorney Tom Schultz to explain Part 3 of the language. Mr. Schultz responded the language means that by amending the Ordinance to add this provision, the City is not doing anything to impair any existing rights that someone else might have, in the event this language is conflicting with something already in existence.

Member Pehrson asked where preschools and kindercares are allowed. Mr. Schmitt responded that these uses fall under two classifications – either as an elementary, which is allowed in Single Family Residential, or as a daycare, which is allowed in various formats throughout the City. Staff is considering whether the language needs to be revisited, perhaps to broaden the language or tighten it up.

Member Pehrson confirmed with Mr. Schmitt that satellite dishes are covered under the Ordinance; Mr. Schmitt said that they are listed in a different section.

Moved by Member Pehrson, seconded by Member Burke:

The Planning Commission turned in their corrections for incorporation into the minutes.

Moved by Member Pehrson, seconded by Member Gutman:

There were no Consent Agenda removals.

There were no Matters for Discussion.

City Attorney Tom Schultz introduced Kristen Kolb, a partner in their office. He said she will be attending the Planning Commission meetings in the future.

Ms. Kolb said she has been working in the City, specifically on the new cable legislation. The City was served with a uniform franchise last week, so she has been working with Sheryl Walsh in Community Relations and Karen Collins at SWOCC.

Mr. Schmitt reminded the Master Plan and Zoning Committee members to turn in their available dates for a meeting.

Gary Lucas, Catholic Central: Attended the meeting as a requirement for one of his classes.

Moved by Member Wrobel, seconded by Member Pehrson:

The meeting adjourned at 8:23 PM.

MON 04/02/07 CITY COUNCIL MEETING 7:00 PM

TUE 04/03/07 ZONING BOARD OF APPEALS 7:30 PM

FRI 04/06/07 CITY OFFICES CLOSED

WED 04/11/07 PLANNING COMMISSION MEETING 7:00 PM

MON 04/16/07 CITY COUNCIL MEETING 7:00 PM

WED 04/25/07 PLANNING COMMISSION MEETING 7:00 PM

TUE 05/01/07 CITY COUNCIL MEETING 7:00 PM

TUE 05/08/07 ZONING BOARD OF APPEALS 7:30 PM

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

MON 05/14/07 CITY COUNCIL MEETING 7:00 PM

WED 05/23/07 PLANNING COMMISSION MEETING 7:00 PM

MON 05/28/07 CITY OFFICES CLOSED

MON 06/04/07 CITY COUNCIL MEETING 7:00 PM

Transcribed by Jane L. Schimpf, March 30, 2007 Signature on File

Date Approved: April 11, 2007 Angela Pawlowski, Planning Assistant Date