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View Agenda for this meeting
PLANNING COMMISSION CALL TO ORDER The meeting was called to order at or about 7:00 PM. ROLL CALL Present: Members David Baratta, David Greco, Andy Gutman, Brian Larson, Michael Lynch, Michael Meyer, Mark Pehrson, Leland Prince Absent: Member Victor Cassis (excused) Also Present: Barbara McBeth, Deputy Director of Community Development; Kristen Kapelanski, Planner; David Beschke, Landscape Architect; Ben Croy, Civil Engineer; John Freeland, Wetland Consultant; Martha Holzheuer, Woodland Consultant, Sarah Merrill, Traffic Consultant; Kristin Kolb, City Attorney PLEDGE OF ALLEGIANCE Member Meyer led the meeting attendees in the recitation of the Pledge of Allegiance. APPROVAL OF AGENDA Moved by Member Gutman, seconded by Member Greco: VOICE VOTE ON AGENDA APPROVAL MOTION MADE BY Member Gutman AND SECONDED BY Member Greco: A motion to approve the Agenda. Motion carried 8-0. AUDIENCE PARTICIPATION Chair Pehrson asked former Planning Commission members Brian Burke and Wayne Wrobel to join him at the lectern. Both men were recognized for their hard work during their tenure on the Planning Commission. Chair Pehrson presented each gentleman with a personalized copy of the City’s Master Plan for Land Use Map as a token of the Commission’s gratitude. CORRESPONDENCE There was no Correspondence to share. Committee REPORTS There were no Committee Reports. Community Development deputy director report Deputy Director of Community Development Barbara McBeth welcomed the two new members to the Planning Commission, Members David Baratta and Leland Prince. CONSENT AGENDA - REMOVALS AND APPROVAL 1. MILLENNIUM TECHNOLOGY CENTER, SP03-08 Consideration of the request of Schonsheck, Inc. for a one-year Final Site Plan extension. The subject property is located in Section 12, south of Thirteen Mile and west of Haggerty Road in the OST, Planned Office Service Technology District. The subject property is approximately 9.67 acres and the Applicant is proposing to build an 80,848 square-foot three-story building. 2. QUADRANTS PROFESSIONAL OFFICE CENTRE, SP04-63 Consideration of the request of Quadrants, Inc. for a one-year Final Site Plan extension. The subject property is located in Section 14, west of Meadowbrook Road between I-96 and Twelve Mile in the OST, Planned Office Service Technology District. The entire site is approximately 5.372 acres and the Applicant is proposing to construct a 21,840 square-foot office building. 3. ORCHARD HILLS NORTH, SP05-05 Consideration of the request of Mirage Development for a one-year Final Site Plan extension. The subject property is located in Section 26, on the south side of Ten Mile between Meadowbrook Road and the CSX Railroad tracks in the R-4, One Family Residential District. The Applicant is proposing twelve single-family residential homes. Moved by Member Gutman, seconded by Member Meyer: voice vote on consent agenda approval motion made by Member Gutman and seconded by Member Meyer: A motion to approve the February 25, 2009 Consent Agenda. Motion carried 8-0. PUBLIC HEARINGS 1. 2009-2015 CAPITAL IMPROVEMENT PROGRAM The Public Hearing was opened on the 2009-2015 CIP Budget. Deputy Director of Community Development Barbara McBeth explained that this CIP Budget has been assembled with the help of many City employees throughout several departments. The Finance Department coordinates a lot of those efforts. She said that some items on the list may be moved ahead of schedule in future years in light of stimulus funds from the Federal Government. Finance Director Kathy Smith-Roy was in attendance at the meeting and offered to answer any questions. No one from the audience wished to speak and no correspondence was received so Chair Pehrson closed the Public Hearing. Member Lynch is a Planning Commission member representative on the CIP Committee. He was satisfied that the Staff was diligent in preparing this CIP Budget. Moved by Member Lynch, seconded by Member Gutman: roll call vote on 2009-2015 cip budget approval motion made by Member lynch and seconded by Member Gutman: A motion to approve the 2009-2015 Capital Improvement Program as presented. Motion carried 8-0. Chair Pehrson thanks Ms. Smith-Roy for her department’s work on the budget. 2. SRI VENKATESWARA TEMPLE AND CULTURAL CENTER, SP08-08C The Public Hearing was opened on the request of Manyam Group, LLC, for Preliminary Site Plan, Special Land Use, Wetland Permit, Woodland Permit and Stormwater Management Plan approval. The subject property is located in Section 16 on the west side of Taft Road between Grand River Avenue and Eleven Mile in the RA, Residential Acreage District. The subject property is approximately 10.11 acres and the Applicant is proposing a two phase project consisting of a Temple and Cultural Center. The Temporary Temple/Priest Residence has been eliminated from the plans since the Planning Commission’s previous approval of the project in October 2008. Planner Kristen Kapelanski described the project for the Planning Commission. She reminded them that the Planning Commission postponed their decision on this project at the September 24, 2008 meeting. On October 22, 2008, the Planning Commission approved the Special Land Use Permit, the Preliminary Site Plan, Stormwater Management Plan, Wetland and Woodland Permits. Following that meeting, the Applicant appeared before the ZBA for variances relating to the building’s height variations, the dumpster location and the parking space deficiency. The Applicant received Variances and/or positive Findings regarding the building height and dumpster location. The ZBA postponed the parking space deficiency request for a Variance. In response, the Applicant has since modified the plan to eliminate the temporary temple/priest residence, which was previously Phase 1 of the project. Instead, the project now has two buildings and the Parking Standards have been met. Under this alternate proposal, Phase 1 will be the Temple and Phase 2 will be the Cultural Center. The property is zoned RA, Residential Acreage. The Temple is a Special Land Use in the RA District, and the site is bordered by mostly residential zoning. There is Industrial property to the east and Office property to the north. The Future Land Use Map indicates Single Family Residential uses for the subject property, and Single Family Residential and Light Industrial uses for the surrounding properties. There are existing wetlands on the property and the proposed plan will fill a portion of the wetlands. The amount of fill has increased slightly from the previous plan. The City’s Consultant recommends approval of the plan with specific items to be addressed on the Final Site Plan. There are regulated woodlands on a large portion of the site. A number of trees are proposed for removal; however, with the changes made to the plan an additional six trees will be saved. The Woodland Consultant does not recommend approval of the Woodland Permit, because the plan does not respond to the significant natural features of the site and the impacts are too great. Both Consultants were available at the meeting for answering questions. The Temple has now been slightly repositioned to the southwest. Parking has been added around the Temple. The Planning Review indicates that the Applicant is now generally in compliance with the Ordinance. They have received the necessary Findings and Variances from the ZBA. Only minor items must be addressed on the Final Site Plan. The Applicant has been asked to consider reducing the height of the lighting at the entrance drive. The phasing lines should be further defined with regard to the infrastructure. Additional documentation is necessary to confirm that no major events will concurrently take place at the Temple and Cultural Center. The Landscape Review recommended approval. The Planning Commission is asked to re-affirm the previously granted Landscape Waivers. The Traffic Review noted minor items to be addressed at the time of Final Site Plan submittal. Previously the Planning Commission asked the Applicant to install "No Parking" signs and "No Driveway Blocking" signs along Taft Road to the extent permitted. The Traffic Consultant was available to answer any questions for the Planning Commission. The Engineering Review and Fire Department Review recommended approval with minor items to be addressed at the time of Final Site Plan submittal. The Façade Review indicates that the Temple façade has not been altered since the prior submittal. The north façade of the Cultural Center has been altered to incorporate an additional exit stair. The façade is recommended for approval and the Planning Commission is asked to re-affirm the Section 9 Waivers previously granted. The Applicant is again asked to provide brick on the background wall areas pursuant to the previous façade letter. Praveen Manyam addressed the Planning Commission. He said the changes to the plan were meant to accommodate the City’s concerns relating to parking. The use will now be less intense. He offered to answer any questions. Chair Pehrson opened the floor for public comment:
Member Greco read the correspondence into the record:
Chair Pehrson closed the Public Hearing. Member Gutman thought the new plan was less intense and more compliant. Ms. Kapelanski agreed. He understood the concerns of the citizens, but he did not wish to reopen the issues that have previously been addressed. He asked the Woodland Consultant to explain her lack of approval on this plan. Martha Holzheuer addressed the Planning Commission. She said the plan removes more trees and woodland area than it is proposing to save. She said it reduces the core, or the interior habitat, and this practice shoves edge habitat and reduces the woodland patch in half. This is a prime example of how fragmentation occurs. She said the plan impacts the forested vernal pool known as Wetland H on the plan. This is a good amphibian habitat. It proposes filling the wetlands of C, F and G. This reduces connectivity between upland and woodland habitat on the site. This is a reduction of quality. There is a potential for more woodland impact with the secondary access. If that access is built, there will be additional woodland impacts. Her concerns are broad and at the landscape scale. Member Gutman asked how this plan compares to the previous plan that was approved. Ms. Holzheuer responded that the impact has been improved by about 2%. Member Gutman asked whether the Applicant can do anything more to address the woodland concerns. Mr. Brian Aman responded that the Applicant respects the concerns that have been voiced, and he explained that when they realized they would be redesigning the site, their efforts included finding ways to reduce the woodland impacts. Now six large trees will remain. The additional impact to the wetland is only 5/1000 of an acre and accommodates more parking. Member Gutman said that the plan is consistent and actually it is an improvement over the previously approved plan. Moved by Member Gutman, seconded by Member Greco: In the matter of the request of Sri Venkateswara Temple Phases 1 and 2, SP08-08c, a motion to reaffirm approval of the Special Land Use permit subject to: 1) A Planning Commission Finding per Section 2516.2.c of the Zoning Ordinance for the Special Land Use permit that, relative to other feasible uses of the site, the proposed use: A) Will not cause any detrimental impact on existing thoroughfares; B) Will not cause any detrimental impact on the capabilities of public services and facilities; C) Is compatible with the natural features and characteristics of the land; D) Is compatible with adjacent uses of land in terms of location, size, character, and impact on adjacent property or the surrounding neighborhood; E) Is consistent with the goals, objectives and recommendations of the City’s Master Plan for Land Use; F) Will promote the use of land in a socially and economically desirable manner; G) Is (1) listed among the provision of uses requiring Special Land Use review as set forth in the various zoning districts of this Ordinance, and (2) is in harmony with the purposes and conforms to the applicable site design regulations of the zoning district in which it is located; 2) Planning Commission approval of the required Noise Impact Statement since there are no outdoor activities or external loudspeakers proposed on the site; 3) As a condition of Special Land Use Approval, Planning Commission finding that major events at the Temple and events at the Cultural Center will not occur at the same time, with the finding that the parking for the more intense use (Temple) would be required to be provided on site (306 spaces required, 306 spaces proposed). The Applicant is asked to verify the statement that the Cultural Center will not be used when major events at the Temple are taking place and if this is the case, this statement will be made a condition of Special Land Use Approval and enforceable on the property in the future; and 4) Compliance with all conditions and requirements listed in the Staff and Consultant Review letters; for the reasons that the plan is otherwise in compliance with Article 3, Article 4, Section 2400, Article 25 and all other applicable provisions of the Zoning Ordinance. DISCUSSION Member Greco said that this is the third review of this project by the Planning Commission. He thanked the Applicant for accommodating the concerns of the Planning Commission and the City with each revised plan. Many residents and congregants have come to the Planning Commission meetings to voice their concerns and/or support. He will again support this request. The ZBA has approved the necessary variances and the parking issues have been addressed. The Traffic Consultant has not identified any traffic reason why this plan should be turned down. Member Greco said the Planning Commission is in fact concerned about the needs of the residents. He said that the Temple is being built in an area just one hundred yards away from Rock Financial Showplace, a hotel, a school, a bus depot, a church, and another project to this project’s south. This plan is not necessarily inconsistent with the area. Will there be more traffic on certain days and times? Absolutely. But this is not inconsistent with what generally goes on in the area. It is entirely appropriate that this site is so close to Grand River and so close to the new hotel. This plan is smaller than the previous plan. The Applicant has accommodated the concerns of the City. Member Meyer thanked the Applicant for addressing the Planning Commission concerns and for making a sincere effort to abide by the wetland and woodland requirements. Whatever is built on this site will impact the wetland and woodland areas to some extent, but it seems the Applicant has made every effort possible to address those issues. He appreciated that the parking spaces have now been provided. Member Lynch said the remaining question is whether the Applicant has met the parking requirement. This appears to be a less intense than the previously approved plan. He thought that the project was good and the Applicant had done a lot of work on it. He understood the residents’ concerns, but he thought that this large church in a residential area has been done in other areas of the City, e.g., Oak Pointe on Ten Mile. Member Meyer added that the there about seven to ten high holy days in the Hindu calendar. The Applicant confirmed that number. Chair Pehrson confirmed that the lights have been lowered. Ms. Kapelanski added that the Applicant confirmed that the lights would be turned off at 11 PM. Chair Pehrson said the Planning Commission takes its consideration of this and all projects very seriously. This is an arduous process for the residents and the Applicant alike. The Planning Commission is charged with making the determination on whether the Special Land Use criteria have been met. He said that the Planning Commission has been transparent in their process such that it is apparent why they have come to the conclusion that the criteria have indeed been met. Chair Pehrson called for the vote. roll call vote on sri venkateswara temple Special Land Use approval motion made by Member Gutman and seconded by Member Greco: In the matter of the request of Sri Venkateswara Temple Phases 1 and 2, SP08-08c, a motion to reaffirm approval of the Special Land Use permit subject to: 1) A Planning Commission Finding per Section 2516.2.c of the Zoning Ordinance for the Special Land Use permit that, relative to other feasible uses of the site, the proposed use: A) Will not cause any detrimental impact on existing thoroughfares; B) Will not cause any detrimental impact on the capabilities of public services and facilities; C) Is compatible with the natural features and characteristics of the land; D) Is compatible with adjacent uses of land in terms of location, size, character, and impact on adjacent property or the surrounding neighborhood; E) Is consistent with the goals, objectives and recommendations of the City’s Master Plan for Land Use; F) Will promote the use of land in a socially and economically desirable manner; G) Is (1) listed among the provision of uses requiring Special Land Use review as set forth in the various zoning districts of this Ordinance, and (2) is in harmony with the purposes and conforms to the applicable site design regulations of the zoning district in which it is located; 2) Planning Commission approval of the required Noise Impact Statement since there are no outdoor activities or external loudspeakers proposed on the site; 3) As a condition of Special Land Use Approval, Planning Commission finding that major events at the Temple and events at the Cultural Center will not occur at the same time, with the finding that the parking for the more intense use (Temple) would be required to be provided on site (306 spaces required, 306 spaces proposed). The Applicant is asked to verify the statement that the Cultural Center will not be used when major events at the Temple are taking place and if this is the case, this statement will be made a condition of Special Land Use Approval and enforceable on the property in the future; and 4) Compliance with all conditions and requirements listed in the Staff and Consultant Review letters; for the reasons that the plan is otherwise in compliance with Article 3, Article 4, Section 2400, Article 25 and all other applicable provisions of the Zoning Ordinance. Motion carried 8-0. Moved by Member Gutman, seconded by Member Greco: roll call vote on sri venkateswara temple revised Preliminary Site Plan and phasing plan approval motion made by Member Gutman and seconded by Member Greco: In the matter of Sri Venkateswara Temple Phases 1 and 2, SP08-08c, a motion to approve the revised Preliminary Site Plan and Phasing Plan subject to: 1) Acknowledgment of the November 12th, 2008 Zoning Board of Appeals Findings regarding the height of several decorative elements and variances granted regarding height, and dumpster location; 2) Reaffirmation of the previously granted Planning Commission Waivers for landscaped berms along Taft Road and a Waiver from the landscaped berm standard of Section 2509.3.a of the Zoning Ordinance for landscaped berms along the western, northern and southern lot lines, as a berm would significantly compromise native vegetation, slopes and/or wetlands; 3) The Applicant extending the water main along Taft Road to Grand River Avenue in order to loop the system per the Engineering Review dated September 12, 2008, and as identified in the Applicant’s previous response letter dated October 5, 2008; 4) Reaffirmation of three previously granted Section 9 Waivers for the Temple building to permit less than thirty percent brick on all sides, to permit the use of pre-glazed block, contingent upon an exact match with the sample board, and to permit the use of glass fiber reinforced concrete, as both Waivers are discussed in the Façade Consultant’s review letter dated October 13, 2008; 5) The Applicant providing brick on the background wall areas of the Temple building to be in compliance with the standard of Section 2520 of the Zoning Ordinance, as recommended by the Façade Consultant in his Review Letter dated September 9, 2008; 6) The Applicant installing "No Parking" signs along Taft Road from Grand River to Eleven Mile and "No Blocking the Driveways" signs along Taft Road to the extent that this will be permitted following the appropriate departmental reviews as the Planning Commission previously required; 7) The Applicant exploring the possibility of lowering the lighting fixtures along the entrance drive; and 8) The conditions and items listed in the Staff and Consultant Review letters being addressed on the plans prior to Stamping Sets; for the reasons that the plan is otherwise in compliance with Article 3, Article 4, Section 2400, and Article 25 of the Zoning Ordinance and all other applicable provisions of the Zoning Ordinance. Motion carried 8-0. Moved by Member Gutman, seconded by Member Greco: roll call vote on sri venkateswara temple wetland permit approval motion made by Member Gutman and seconded by Member Greco: In the matter of Sri Venkateswara Temple Phases 1 and 2, SP08-08c, a motion to approve the Wetland Permit subject to the conditions and items listed in the Staff and Consultant Review letters being addressed on the Final Site Plan, for the reason that the plan is in compliance with Chapter 12 of the Code of Ordinances and all other applicable provisions of the Ordinance. Motion carried 8-0. Member Gutman thanked the Woodland Consultant for her hard work. He said this plan provides less impact to the woodlands and he was therefore able to approve the plan. Moved by Member Gutman, seconded by Member Greco: roll call vote on sri venkateswara temple woodland permit approval motion made by Member Gutman and seconded by Member Greco: In the matter of Sri Venkateswara Temple Phases 1 and 2, SP08-08c, a motion to approve the Woodland Permit, subject to: 1) The conditions and items listed in the Staff and Consultant Review letters being addressed on the Final Site Plan; and 2) The Applicant providing a conservation easement, as offered by the Applicant and reviewed and approved by the City and its Consultants; for the reason that it is in compliance with Chapter 37 of the Code of Ordinances and all other applicable provisions of the Ordinance. Motion carried 8-0. Moved by Member Gutman, seconded by Member Greco: roll call vote on sri venkateswara temple Stormwater Management Plan approval motion made by Member Gutman and seconded by Member Greco: In the matter of Sri Venkateswara Temple Phases 1 and 2, SP 08-08c, a motion to approve the Stormwater Management Plan, subject to the conditions and items listed in the Staff and Consultant Review letters being addressed on the Final Site Plan, for the reasons that the plan is otherwise in compliance with Chapter 11 of the Code of Ordinances and all other applicable provisions of the Ordinance. Motion carried 8-0. 3. ZONING ORDINANCE TEXT AMENDMENT 18.235 The Public Hearing was opened on Planning Commission’s consideration and recommendation to City Council for an ordinance to amend Ordinance No. 97-18, as amended, the City of Novi Zoning Ordinance, Article 11, OS-1, Office Service District, Section 1101 and Section 1102, Article 12, OSC, Office Service Commercial District, Section 1201 and Section 1202, Article 15, B-3, General Business District, Section 1501 and Section 1502, Article 19, I-1, Light Industrial District, Section 1901 and Section 1902 and Article 23, OS-2, Planned Office Service District, Section 2301 and Section 2302; In order to provide for health and fitness facilities occupying building space of 2,000 square feet or less as principal permitted uses. Planner Kristen Kapelanski said that the Staff proposes this Text Amendment which will change the standards for 2,000 square-foot or smaller fitness facilities for locating in the aforementioned districts. Instead of their needing to receive Special Land Use Permits, these smaller fitness centers will be principal permitted uses. Larger fitness facilities will remain Special Land Uses. This Text Amendment is in response to several recent requests for smaller fitness centers seeking to locate in vacant stores and offices. No one from the audience wished to speak and no correspondence was received so Chair Pehrson closed the Public Hearing. Member Gutman appreciated the Staff’s proactive continued approach to address recurring issues. It makes the situation more workable for the Planning Commission, the City and the applicants. Moved by Member Gutman, seconded by Member Lynch: roll call vote on text amendment 18.235 positive recommendation motion made by Member Gutman and seconded by Member Lynch: In the matter of Zoning Ordinance Text Amendment 18.235, a motion to recommend approval to City Council to amend Ordinance No. 97-18, as amended, the City of Novi Zoning Ordinance, Article 11, OS-1, Office Service District, Section 1101 and Section 1102, Article 12, OSC Office Service Commercial District, Section 1201 and Section 1202, Article 15, B-3, General Business District, Section 1501 and Section 1502, Article 19, I-1, Light Industrial District, Section 1901 and Section 1902 and Article 23, OS-2, Planned Office Service District, Section 2301 and Section 2302, in order to provide for health and fitness facilities as principal permitted uses. Motion carried 8-0. MATTERS FOR CONSIDERATION 1. PLANNING COMMISSION BUDGET Deputy Director of Community Development Barbara McBeth said there are three recommended projects in the Planning Commission budget for FY2009-2010. An update of the Habitat Plan is proposed, which has not been updated since about 1995. A Zoning Ordinance update has also been proposed, since this has not been done in an holistic manner for some time. Laptop computers have been requested for the Planning Commission members. These recommendations have been considered and proposed by the Planning Commission Budget Committee. Member Gutman said that the Committee took into consideration that the City needs to spend its money carefully in today’s economic condition. Moved by Member Gutman, seconded by Member Larson: voice vote on planning commission 2009-2010 budget positive recommendation motion made by Member Gutman and seconded by Member Larson: A motion to approve the Planning Commission Budget for recommendation to the City Manager. Motion carried 8-0. 2. COMMITTEE MEMBER APPOINTMENTS Deputy Director of Community Development Barbara McBeth described the vacancies on the various Planning Commission Committees. After deliberation, the vacancies were filled by Members Baratta and Prince. Moved by Member Gutman, seconded by Member Greco: voice vote on committee matrix approval motion made by Member Gutman and seconded by Member Greco: A motion to approve the Committee Matrix as presented with four additions: Member Baratta – Budget and Planning Studies and Environmental; and Member Prince – Communication and Community Liaison and Implementation. Motion carried 8-0. 3. APPROVAL OF THE JANUARY 14, 2009 PLANNING COMMISSION MINUTES The Committee members provided their changes to the minutes. Moved by Member Lynch, seconded by Member Gutman: voice vote on january 14, 2009 Planning Commission minutes approval motion made by Member Lynch and seconded by Member Gutman: A motion to approve the January 14, 2009 Planning Commission minutes as amended. Motion carried 8-0. 4. APPROVAL OF THE JANUARY 28, 2009 PLANNING COMMISSION MINUTES Moved by Member Gutman, seconded by Member Greco: voice vote on january 28, 2009 Planning Commission minutes approval motion made by Member gutman and seconded by Member greco: A motion to approve the January 28, 2009 Planning Commission minutes. Motion carried 8-0. CONSENT AGENDA REMOVALS FOR COMMISSION ACTION There were no Consent Agenda removals. MATTERS FOR DISCUSSION There were no Matters for Discussion. SUPPLEMENTAL ISSUES There were no Supplemental Issues. AUDIENCE PARTICIPATION No one from the audience wished to speak. ADJOURNMENT Moved by Member Gutman, Motion to adjourn. The meeting adjourned at 8:09 PM. SCHEDULED AND ANTICIPATED MEETINGS MON 03/09/09 CITY COUNCIL MEETING 7:00 PM WED 03/11/09 PLANNING COMMISSION MEETING 7:00 PM TUE 03/17/09 ZONING BOARD OF APPEALS MEETING 7:00 PM MON 03/23/09 CITY COUNCIL MEETING 7:00 PM WED 03/25/09 PLANNING COMMISSION MEETING 7:00 PM MON 04/06/09 CITY COUNCIL MEETING 7:00 PM WED 04/08/09 PLANNING COMMISSION MEETING 7:00 PM FRI 04/10/09 CITY OFFICES CLOSED Transcribed by Jane L. Schimpf, Customer Service Representative March 12, 2009 ____________________________________________ Date Approved: May 20, 2009 Angela Pawlowski, Planning Assistant
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