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, Wayne Wrobel

Absent:  Members David Lipski (excused), Mark Pehrson (excused)

Also Present:  Barbara McBeth, Deputy Director of Community Development; Tim Schmitt, Planner; Mark Spencer, Planner; David Beschke, Landscape Architect; Ben Croy, Civil Engineer; Kristen Kolb, City Attorney

Planner Tim Schmitt led the meeting attendees in the recitation of the Pledge of Allegiance.

Moved by Member Gutman, seconded by Member Wrobel:

No one from the audience wished to speak.

There was no correspondence to share.

The Master Plan and Zoning Committee has begun their Master Plan review schedule. They met on June 12, 2007.

Deputy Director of Community Development Barbara McBeth said that at the last City Council meeting, the Fountainwalk at Twelve Mile Crossing site plan was approved. The NCC Text Amendment was approved for its first reading regarding the allowance of educational facilities. City Council referred a text amendment regarding temporary outdoor sales provisions to the Planning Commission.

Ms. McBeth said that this was Planner Tim Schmitt’s last Planning Commission meeting; Tim is leaving the City for another job. Chair Cassis paid tribute to Mr. Schmitt by reading an excerpt of the Ohio University fight song in his honor. Chair Cassis commended Mr. Schmitt for his admirable approach to planning and for his professional demeanor. Chair Cassis wished Mr. Schmitt well on behalf of the entire Planning Commission.

There was no Consent Agenda.

The Public Hearing was opened for Planning Commission’s recommendation to City Council for an ordinance to amend Ordinance No. 97-18, as amended, the City of Novi Zoning Ordinance, for modifications to Article 10, EXPO, Exposition District.

Deputy Director of Community Development Barbara McBeth said that with the development of the EXO Overlay, the City knew that at some point it would have to revisit the Ordinance language of the EXPO District. Ms. McBeth said that the City has spoken to the long-time tenant of the Expo Center and understands he is no longer interested in pursuing any use of that building. The City reviewed the EXPO language and has determined to clean up the language regarding Industrial uses on that site. The Staff recommends that the Planning Commission send a positive recommendation to City Council on this text amendment.

The intent section has been revised to include Light Industrial Districts. The reversion clause has been removed, though Light Industrial uses are still allowed. The new language names the Planning Commission as the approving body for Light Industrial uses, and City Council would maintain review of exposition-type reviews. Submittal requirements have been clarified.

No one from the audience wished to speak.

Chair Cassis said that the four-page letter from the Clark Hill law firm, signed by Scott Smith, was received by the City. This is the attorney for Kevin Adell, owner of the Expo Center. Ms. McBeth said that acknowledgement of the letter is sufficient for the minutes; City Council will receive a copy of this letter for their review.

Chair Cassis closed the Public Hearing.

Member Avdoulos said this text amendment was discussed back when Rock Financial Showcase plan came forward. The Master Plan and Zoning Committee did brainstorm different options for this site. They then concentrated more on the Gateway East language. Novi Road and Grand River is a dynamic corner, and there is a lot going on there. The Committee thought about how cultural activities sometimes strap the Civic Center, and how this corner could be a venue for that and the performing arts. The economic situation of the State brought the Committee to consider how Research and Technology firms could be interested in this corner. This text amendment is not meant to negate the use of this parcel, rather it provides for the original use of this property again. The City will look to see what else happens in the area. Things are happening across the expressway. The Committee talked about the Conference Center District. This site has nice access from the expressway. There is existing Industrial along Grand River that is constantly under review. Member Avdoulos did not know if another exposition-type center in the area would be viable, considering what is going on to the west of this site. He supported the text amendment. He thought this language provided the City with some flexibility.

Member Gutman wished to ensure that the legal issues in the Clark Hill letter had been addressed. City Attorney Kristen Kolb responded that the issues found in the letter do not relate to this text amendment but other future planning issues on the property. The statement in the letter is that the attorney has not had a chance to digest the text amendment. She said he is not stating an objection or support.

Moved by Member Gutman, seconded by Member Burke:

Chair Cassis said this property was once an industrial use, when the traffic in the area was limited. When this building became vacant and stood empty, a committee met and tried to decide what to do with this vacant building. A gentleman came forward with the Expo Center concept. The City and this gentleman had no idea what that idea would become. The Expo Center came as did mass traffic jams. The location of that building did not lend itself to that kind of function, mainly because of the traffic situation. This is where the City should go back and consider whether that was the proper thing for that particular building. He thought that this text amendment allows the City some leeway for ensuring this building has a use that will accommodate and complement its size and location. He found this text amendment to be acceptable. He supported the language.

Member Avdoulos agreed that the use of this building has to complementary. This is part of the Master Plan process and this area is one that the City is taking under consideration. The road extension may create a ring road to accommodate the traffic. This information is good for City Council to review. This area will be revisited by the Master Plan and Zoning Committee.

The Public Hearing was opened on the request of Amson Dembs Development, for Preliminary Site Plan, Woodland Permit, and Stormwater Management Plan approval. The subject property is located in Section 9, north of Twelve Mile, east of West Park Drive, located in the Novi Corporate Campus Development, in the OST, Office Service Technology District. The subject property is 8.34 acres and the Applicant is proposing to build a 28,638 square-foot speculative office/warehouse building.

Planner Mark Spencer said this plan is part of the Novi Corporate Campus, in the area of Twelve Mile, West Park and the railroad tracks. At this time there are eleven parcels in the park. Parcel 7 is also under review. The site is north of Dylan Drive at the end of the cul-de-sac. Surrounding the site are the CSX railroad to the north, City wetland property further north, Twelve West Properties and Steelcrete are to the east, vacant lots are to the south, and a vacant lot is to the west. Parcel 9 was already approved. The Master Plan for Land Use designates this land for Light Industrial. Across the railroad tracks, the land is designated for Residential uses and is currently zoned for Residential. The current zoning of the subject parcel is OST, the result of a recent rezoning. There is also a petition in the City to rezone Parcel 7 to OST, and rezone the remaining I-2 property to I-1. This will be reviewed by the Master Plan and Zoning Committee. The other properties in the area are zoned OS-1.

There are mitigated wetlands on this site. This is where the Stormwater Management System is for the entire park. There are still pockets of wetlands on this site. There is natural features habitat on this site, in the northern portion near the detention pond and the conservation easement. There are regulated woodlands, and the Applicant has previously agreed to address the woodlands as each site came forward. 57 replacement trees are required for this plan.

Mr. Spencer showed the existing conservation easement and the detention system on the plan. Further south are the parking areas and the building. This plan is in good shape. There are only minor issues. Some replacement trees were proposed in an easement, and these trees may have to move to provide to access to the utilities. There are replacement trees for the whole park, and the Applicant has been asked to come up with a mechanism to preserve those trees not already in the conservation easement. The Applicant has agreed to work with the City on this issue.

All reviews recommend approval.

Larry Stobbe addressed the Planning Commission. He said that the trees they have already planted have become deer feed. They will have to replace these trees and others that did not last through the winter. They are considering donating to the tree fund, but they will work with the Consultant and the City on which direction to go.

They do not have a tenant for this building yet.

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

Member Burke said this looks like a solid project. He supported it.

Member Avdoulos agreed. He noted the Applicant provided a response letter indicating they would comply with the Staff and Consultant requests.

Moved by Member Avdoulos, seconded by Member Wrobel:

Moved by Member Avdoulos, seconded by Member Wrobel:

Moved by Member Avdoulos, seconded by Member Wrobel:

Consideration of the request of Lindhout Associates, for Preliminary Site Plan approval. The subject property is located in Section 15, north of Grand River Avenue, east of Taft Road, in the I-1, Light Industrial District. The subject property is approximately 10.04 acres and the Applicant is proposing to modify the existing wash-out basin on the site.

Planner Tim Schmitt described the small structure located near the front east entrance to this site. To the east is Polynorm Automotive and to the west is Corrigan Moving Systems. To the south are several lots with buildings or homes and some are vacant. To the north is a natural area that leads into Novi Industries which is further to the northeast. This site is zoned I-1as are those to the east, west and south. To the northeast the property is zoned I-2. The Master Plan for Land Use recommends Light Industrial and Downtown West to the northeast. There are no wetlands or woodlands.

The MDEQ has suggested uses of this nature should provide additional environmental clean-up for the water used in their process of cleaning out their cement trucks. This modification to the plan addresses that request. The I-1 District does not allow this use, which suggests that this is a nonconforming use. The Staff reviewed this and other items when the plan came forward. The Engineering Review and Fire Department Review both indicate that there are Final Site Plan items but nothing substantial. The Landscape Review indicated some waivers are necessary but he acknowledged how hard this Applicant worked to present a plan that could come before the Planning Commission. They have requested to eliminate a right-of-way berm, but they would provide the plantings. The elevation is such that the site is higher than the roadway. The street trees are generally waived along Grand River, and the Applicant is requesting this as well. The perimeter landscaping is also something for which the Applicant seeks a waiver.

The Staff believes this modification should not be considered an expansion of the non-conforming use. First, the Applicant already does this activity, so this is not a new use to the site. The area is already paved. The Applicant is not expanding that area. The Planning Commission is asked to confirm this finding – this proposal does not constitute an expansion of the non-conforming use. If the Planning Commission does not agree, the Applicant can petition the ZBA as they have done previously. This proposal is a benefit to the environment. The MDEQ gave this Applicant a very short timeframe in which to work, so this plan has come before the Planning Commission in short order.

Piet Lindhout addressed the Planning Commission. The Prairie Companies bought this business a few years ago. The normal process in transit mix concrete is to operate the truck all day long and at the end of the day the drum is cleaned - water fills the drum and is discharged twice. This takes about 120 gallons of water each time. Over time, the MDEQ and others have suggested these companies should do a better job than this. This Planning Commission approved the building to recycle this washwater which now pulls the gravel out of the discharge. But, the building doesn’t work as well as it should and the water is not being cleaned up enough to be reused.

Mr, Lindhout is proposing to expand the building for two new sedimentation chambers at the facility. Now the trucks will drive under the steel beam that holds a hose. The drum will be filled and the discharge will go into the first sedimentation basin. The water will rise to the weir and leak into the next basin. The solids will sink to the bottom – much like a septic tank but huge in comparison. The water will migrate into the second tank and the same thing happens. The water is then put back into the truck. This is a closed loop recycling process. The only new water is rainwater which falls into the water basin, or a certain amount of washwater from when the trucks’ exteriors are washed down. The first two basins have a gated area that front-end loader trucks drive down to pull out the sediment. This is done on a regular basis. The sediment is stored next to the tanks. It dries, and the leakage goes right back into tank number one. The dried sediment is taken to the landfill. It is sand, stone and cement. This area used to be concrete and the water went to the detention facility in the back. Now the water is captured and will be entered into this system.

The building has to be modified to accommodate this change. One wall is coming out and some overhead doors are being patched with siding that will look better. The construction is a concrete wall that starts out waist-high, and it becomes a curb by the time it is up the hill. By building this into the hillside on Grand River, the construction isn’t going to be apparent. The tanks will be below eye level and very inconspicuous. There will be a fence around them to keep the area safe. There is a two-column beam structure that gets the hoses up to the height of the truck. That is the limit of the construction. The process will be a benefit to the community. There will be the same number of trucks and loads – this does not increase Spartan’s capacity. It will just do a better job with the washwater.

Steve LaCicero of the Prairie Companies was introduced.

Mr. Lindhout confirmed that it was a State Act that required this company to make these modifications. He said that the Prairie Companies is doing this type of upgrade all over the United States. This Applicant uses both well water and City water.

Member Wrobel did not think this was an expansion of the non-conforming use. He had no problem with the waiver requests. He supported the plan.

Member Avdoulos thanked Mr. Lindhout for his explanation. He agreed with Member Wrobel’s comment. He commended the Applicant for working with the City.

Landscape Architect David Beschke said that the Applicant has tried to bring other items into compliance despite the fact that the areas aren’t even visible to the public.

Moved by Member Avdoulos, seconded by Member Burke:

Member Meyer thanked Mr. Schmitt for his straightforward approach in presenting his plans.

Consideration of the request of Neumann Smith and Associates for Preliminary Site Plan approval. The subject property is located in Section 19, north of Ten Mile, between Napier and Wixom roads, in the R-A, Residential Acreage District. The subject property is 27.21 acres and the Applicant is proposing to construct a parking lot addition for the already-built first phase of Oak Pointe Church.

Planner Tim Schmitt described the site. Adjacent to the site, on the north, east and west sides, is Island Lake. To the south is the Links of Novi Golf Course. The site is zoned R-A, and Island Lake is zoned R-A with an RUD.

The south property is zoned R-1 subject to an RUD Agreement. There are two small properties on the south side that are zoned R-A. The Master Plan designates all the land in the area as Single Family Residential, with the exception of the private parks in Island Lake. A portion of the park directly to the north of this site is part of a linear park and houses a major detention basin. There are no woodlands or wetlands.

The Applicant is proposing a two-pronged request. Back in 2001 when the plan came forward, the Applicant went through a lawsuit with Toll Brothers of Island Lake with respect to the church’s overall building height. This put the project on hold for a long period of time. Once it was resolved, the Applicant came back to the City to revive the project and begin construction on the first phase. In 2005 the plan’s Phase 1 was revised. Ultimately, Phase 1 was the multipurpose building, the westside parking and the east and west access points, along with all of the infrastructure and landscaping. The approved phasing plan was for six phases. The second phase was a parking lot expansion and a classroom addition. The Applicant came forward three months ago to ask if Phase 2 could be a larger parking lot expansion and changes to the east parking lot. They seek to postpone the building until later in the construction cycle. The Staff did not believe they had administrative approval rights pursuant to Section 2516 because it is a revised phasing plan. Therefore, the plan is before the Planning Commission for consideration.

The Preliminary Site Plan is for the parking lot expansion. There was an area of the southeast corner of the parking lot which encroached into the setback. The Applicant will remove those five spaces. That area was once intended for parallel parking spaces but it was not a good design. The parallel parking was removed and the perpendicular spaces were expanded – just a bit too far. The Staff has discussed the differences between the two phasing plans. The postponement of the boulevard is also being requested. It doesn’t provide a substantive traffic benefit to the City, but it would help traffic circulation internally. Given that the building is not being expanded at this time, Staff understands this request, which is also a modification to the phasing plan.

The landscaping was designed pursuant to the old design standards. There were substantial changes made to the Ordinance in 2003 regarding parking lot landscaping. Landscape Architect David Beschke stated in his review that the plan was approved prior to the Ordinance change, and he questioned how it would be feasible to make the new Ordinance changes to this plan. Staff believes that the parking lot end islands should be increased to a minimum of 300 square feet. Churches consider that with time comes money, which is different from standard developers, i.e., time is money. The parking lot is a temporary arrangement. The Applicant is proposing to put off the north side of the parking lot until at least the next phase. Staff is adamant that the end islands are at least 300 square feet. There are also other items that could be addressed – the fifteen spaces in a row maximum, and the total square footage of landscaping. Once the entire parking lot is complete, the Applicant will meet the intent of the old Ordinance, but with this proposal, the Applicant is deficient in landscaping.

Mr. Schmitt said that the Staff has not found any substantive concerns with the phasing plan.

Pastor Shirock addressed the Planning Commission. He said the church is growing and they need the parking space. They have a regular attendance of about 2,500. They have been parking about 150 cars each week at the Links of Novi. They shuttle the parishioners over to the church. They would like to complete this portion of the parking lot now.

Member Lynch thought that the parking lot is an enormous amount of asphalt. Landscape Architect David Beschke responded that this is an opportunity to have the church’s landscape plan be upgraded to meet the Ordinance. The landscaped islands aren’t big enough and there aren’t enough interior islands. There are more than fifteen parking spaces in a row. Member Lynch understood the needs of the church but he understands the needs of the environment too. He wasn’t willing to support the project without the plan addressing Mr. Beschke’s issues. He thought this plan should be more landscaped, to mirror the other properties in this section of the City.

Member Meyer asked what the hardship would be if the City required the plan to come up to code with its landscape. Stan Cole responded that there is a financial hardship, and the church would lose parking, which is what they are trying to gain. He felt they have a master plan approval for this site, and they didn’t believe that it would be appropriate for them to have to change their landscape. He thought they were here before the Planning Commission for the re-phasing issue.

Member Meyer asked when the church would think the boulevard would be necessary. He thought it might accommodate the additional traffic. Pastor Shirock said it would be constructed with the main sanctuary. At that time the seating would increase from 900 to 1,200.

Member Wrobel asked the City Attorney to address the landscaping issue. Kristen Kolb confirmed that the overall Preliminary Site Plan was approved and then each phase receives Final Site Plan approval. A request for re-phasing or timing adjustments is not uncommon with churches, and now it is a problem that is being addressed on this church plan. Ms. Kolb said that because the Applicant is modifying something from the Preliminary Site Plan, they can be held subject to the new Ordinance as it exists today.

Member Wrobel sympathized with the issue of shuttling parishioners to the church from across the street, but he didn’t want to see a sea of asphalt either.

Member Avdoulos asked if the Applicant was doing anything different with their phasing request. Mr. Cole said that the original plan was to have a larger classroom/Sunday school area first. Now, they realize that the need for parking is greater than the need for that room at this time. Within the minutes of their visit to a previous Planning Commission meeting, it was stated that the church and City could handle the phasing administratively, but the stipulation never made it into the motion. Member Avdoulos asked if the parking has changed on the site. Mr. Cole responded that it had. Originally, the parking was going to be done in one phase. Now a portion of the east lot is proposed, and the area near the sanctuary would be held back until that construction is complete. Member Avdoulos confirmed that in the end, this parking lot will be the same as what was approved on the entire Preliminary Site Plan.

Member Avdoulos said that there are times when an older approved site plan must come up to code because of health, safety and welfare issues. He understood that developers sometimes have to alter their plans, when it is determined that one element is more necessary than its original timing was designed. He understood that the development of the parking lot right now would benefit the church. Member Avdoulos felt that if the entire parcel was already approved with 1,000 parking spaces and in the end, these 1,000 parking spaces are built, albeit it in a different order, he had no problem with adjusting the phasing. He would like to see an enhancement or two incorporated into this plan. Member Avdoulos didn’t like the lights not having any protection. It would be great to add landscaped islands. He asked if there was any way for the church to incorporate any of these changes into the new plan. Mr. Cole said they could increase the canoe islands on the north end to 300 square feet.

Member Avdoulos reiterated that the plan will remain the same as what was approved but will just be done in different order. He had no issue with the phasing. He noted that the Applicant said he would relocate some parking to alleviate the setback encroachment. If the Applicant modifies the islands to be 300 square feet, Member Avdoulos would be happy. Member Avdoulos also liked the maximum fifteen-spaces-in-a-row standard, but he would not require this because again, in the end the City is getting the product that was approved, just in a different order. Member Avdoulos thought that the City and the Applicant were working well together.

Member Gutman asked for clarity on the Applicant’s next move. Mr. Schmitt responded that to be clear, the Staff does not have administrative approval to approve phasing. Staff could have approved some jockeying of the parking, but not the re-phasing. He said that the Planning Commission could look into that, but at this time the Ordinance does not give Staff those approval rights. Member Gutman also thought that everyone was cooperating.

Moved by Member Gutman, seconded by Member Meyer:

Member Avdoulos confirmed that the boulevard would indeed be constructed in a later phase. Member Avdoulos felt that re-phasing requests should come before the Planning Commission. Everyone should be made aware of changes to a plan large enough to be phased. He felt it was appropriate to gently tweak those requirements that do not add up to the new Ordinance standards whenever possible.

Chair Cassis thought a compromise had been met.

Moved by Member Avdoulos, seconded by Member Burke:

Deputy Director of Community Development Barbara McBeth explained that the City is required to give a forty-day comment period to the surrounding communities, the County, the utilities and the railroads prior to themp draft being presented. A resolution was provided to the Planning Commission that officially begins the Master Plan review process and announces the process open, as required by State law.

Ms. McBeth noted that the words following the second "whereas" should be changed from "propose" to "detail the."

Moved by Member Avdoulos, seconded by Member Burke:

Moved by Member Lynch, seconded by Member Burke:

There were no Consent Agenda Removals.

There were no Matters for Discussion.

Member Meyer stated that he went to a City meeting at Walsh College earlier in the day as the Planning Commission liaison working on the City’s two-to-five-year vision statement.

Member Avdoulos told Planner Tim Schmitt what a pleasure it has been to work with him over the years and he wished him well. He thought Mr. Schmitt’s reports were well written. He said East Lansing has a wallop of a team in place. Mr. Schmitt thanked Member Avdoulos for his kind words and said he enjoyed working with the Planning Commission over the years. The mutual respect between Planning Commission and the Community Development Department has been appreciated. He said the hardest thing about leaving was leaving his coworkers. He looks forward to coming back to visit and specifically to see how tall the Main Street building is. Mr. Schmitt said that Novi is an excellent city and he thanked everyone for all the fish.

Chair Cassis appreciated Mr. Schmitt’s maturity. He hoped that Mr. Schmitt soared to the highest epic he desires. He has the qualifications and honesty to do just that.

No one from the audience wished to speak.

Moved by Member Lynch, seconded by Member Burke:

The meeting adjourned at 8:43 PM.

MON 06/18/07 CITY COUNCIL MEETING 7:00 PM

TUE 06/26/07 MASTER PLAN AND ZONING COMMITTEE MEETING 7:00 PM

WED 06/27/07 PLANNING COMMISSION MEETING 7:00 PM

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

WED 07/04/07 CITY OFFICES CLOSED

TUE 07/10/07 MASTER PLAN AND ZONING COMMITTEE MEETING 7:00 PM

TUE 07/10/07 ZONING BOARD OF APPEALS 7:30 PM

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

MON 07/23/07 CITY COUNCIL MEETING 7:00 PM

TUE 07/24/07 MASTER PLAN AND ZONING COMMITTEE MEETING 7:00 PM

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

TUE 08/07/07 MASTER PLAN AND ZONING COMMITTEE MEETING 7:00 PM

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

WED 08/08/07 PLANNING COMMISSION MEETING 7:00 PM

MON 08/13/07 CITY COUNCIL MEETING 7:00 PM

Transcribed by Jane L. Schimpf, June 19, 2007 Signature on File

Date Approved: June 27, 2007 Angela Pawlowski, Planning Assistant Date