SPECIAL MEETING OF THE NOVI PLANNING COMMISSION
WEDNESDAY, JULY 17, 1996 AT 6:00 P.M.
COUNCIL CHAMBER - NOVI CIVIC CENTER - 45175 W. TEN MILE ROAD
Meeting called to order at 6:04 p.m. by Chairperson Lorenzo
PRESENT: Members Capello (arrived 6:09 p.m.) Churella, Bononi, Hoadley, Hodges, Lorenzo, Markham (arrived 6:25 p.m.), Weddington, Vrettas (arrived 6:35 p.m.)
ALSO PRESENT: Planning Consultant Brandon Rogers, Engineering Consultant David Bluhm, Traffic Consultant Rod Arroyo, Assistant City Attorney Dennis Watson, Landscape Architect Linda Lemke, and Staff Planner Steven Cohen
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
PM-96-07-139 TO APPROVE AGENDA AS STATED
Moved by Weddington, seconded by Churella, CARRIED UNANIMOUSLY: To approve the agenda as stated.
Chairperson Lorenzo asked all those in favor of approving the agenda as stated signify by saying aye, those opposed say no. Chairperson Lorenzo advised the motion passed unanimously.
VOTE ON PM-96-07-139 - MOTION CARRIED UNANIMOUSLY
Yes: Bononi, Churella, Hoadley, Hodges, Lorenzo, Weddington
Seeing no one, Chairperson Lorenzo closed Audience Participation and moved onto Correspondence.
Mr. Cohen advised there is none.
MATTERS FOR CONSIDERATION
1. GLENDA’S MARKET, SP 94-29G
Property located south of Grand River Avenue, west of Joseph Drive for possible Final Site Plan approval.
Brandon Rogers, Planning Consultant advised his June 21, 1996 report stated the final site plan conforms with the foot print and parking lot layout of the approved preliminary site plan. Mr. Rogers reported he called out the need for two variances and believes Mr. Cagle is going before the ZBA soon. He further reported he has sited these issues in most of his previous letters and they are: Rebuilding and relocating the sales building on the corner of Joseph and Grand River Avenue which is currently unused.
Mr. Rogers advised it took two or three landscape plan submittals to come to an acceptable plan per Section 2509. Mr. Rogers further advised the proposed building facades also came in two or three times and they are now in conformity with the facade Section 2520. Mr. Rogers advised they will compose the building of brick and cementitious material and they have reduced the greenhouse in size to comply with the approved site plan. Mr. Rogers recommends approval of the final site plan to the Planning Commission contingent on the ZBA action in August.
David Bluhm, JCK & Associates reported his office recommends approval and he will be available for any questions.
Rod Arroyo, Traffic Consultant reported his office has reviewed the plan and they are recommending approval.
Linda Lemke, Landscape Architect advised she has no comments to add to Mr. Rogers review, but she will be available for questions about the landscaping portions.
Member Hodges stated the motion in the December 20, 1996 minutes reads, "subject to consultants’ written and verbal recommendation and ZBA approval." Member Hodges asked if the Commission has to wait for ZBA action to take an action? Mr. Watson replied no and further stated final site plan approval can be contingent upon them getting that relief.
Member Hodges would like to make a positive approval for Glenda’s Market, SP 94-29G subject to expansion and relocation of a non-conforming building use on the site and the expansion of a non-conforming use on the property by ZBA and the conditions of the consultants. Motion seconded by Member Hoadley.
PM-96-07-140 TO MAKE A POSITIVE APPROVAL FOR GLENDA’S MARKET,
SP 94-29G SUBJECT TO EXPANSION AND RELOCATION OF A NON-CONFORMING BUILDING USE ON THE SITE AND THE EXPANSION OF A NON-CONFORMING USE ON THE PROPERTY BY ZBA AND THE CONDITIONS OF THE CONSULTANTS
Moved by Hodges, seconded by Hoadley, CARRIED UNANIMOUSLY: To make a positive approval for Glenda’s Market, SP 94-29G subject to expansion and relocation of a non-conforming building use on the site and the expansion of a non-conforming use on the property by ZBA and the conditions of the consultants.
Chairperson Lorenzo said it has been moved and seconded to approve the final site plan for Glenda’s Market, SP 94-29G subject to the ZBA review and approval of the expansion and relocation allowing the use of the applicant’s property for some new portions.
Member Hoadley moved for the question and Member Capello seconded it. Member Hodges said Member Hoadley already seconded it. Member Capello replied he didn’t, but he is calling the question.
PM-96-07-141 MOTION FOR THE QUESTION
Moved by Hoadley, seconded by Capello, FAILED (2-5): To motion for the question.
Chairperson Lorenzo asked Mr. Cohen to call the roll for the question.
Mr. Watson advised there is a request here for further discussion, so the motion to close requires a two-thirds vote.
Member Hoadley asked if there was someone who wanted to discuss the item. Member Hodges advised she did.
VOTE ON PM-96-07-141 - MOTION FAILED
Yes: Capello, Churella,
No: Bononi, Hoadley, Hodges, Lorenzo, Weddington
Member Bononi asked what the time frame for completion is? Mr. Cagle replied they would like to start as soon as possible and there is currently paperwork in the Building Department. Mr. Cagle advised they are looking at the end of August as start date if they receive the ZBA variances and they would like to be in the new building in April 1997.
Member Bononi asked if they would be operating the business as it now exists during the construction phase? Mr. Cagle replied they would be operating this business until December and will close as they always have until April.
Member Bononi asked if there is concern about gravel being proposed at the existing access to the buildings on the most western Grand River Avenue right of way of the project? Mr. Bluhm does not see it on his plan, but he does see the decel and taper lanes into the site. Member Bononi advised it will consist of gravel material. Mr. Bluhm advised the decel and taper will be paved with a gravel shoulder. Mr. Bluhm further advised it will require a county permit because it is in the right of way and if the County does not have a problem with it, he does not see it as an issue. He added if the County does have a problem with it, the applicant would have to revise their plan and make adjustments to address any County comments.
Member Bononi asked if Mr. Bluhm is satisfied with the current easement for storm drainage over the applicant’s own property or is he satisfied that it will be in place? Mr. Bluhm replied they will not require an easement on their property for storm drainage because they are containing the stormwater entirely on their site.
Member Bononi asked Linda Lemke if they satisfy her with the seemingly sparse 2' berm at Grand River, north of the wood sided house and northwest of the parking area because there is no sod there and no irrigation proposed? Ms. Lemke advised although they look primarily at the language of the ordinance and how they screen the parking, she would like to see additional planting in that particular area in perhaps a display capacity. Mr. Cagle replied he has no problem with that.
Chairperson Lorenzo stated there is a letter from Daniel W. Roy, Captain of the City of Novi Fire Department stating the above plan has been reviewed and they recommend approval.
Chairperson Lorenzo asked if there was further discussion. Seeing none, she asked Mr. Cohen to call the roll to approve the final site plan for Glenda’s Market, SP 94-29G subject to ZBA review and approval of the outstanding items.
VOTE ON 96-07-140 - MOTION CARRIED UNANIMOUSLY
Yes: Capello, Churella, Hoadley, Hodges, Lorenzo, Weddington, Bononi
Member Hoadley thinks this is another demonstration of hands on, working together by the Planning Department, the petitioner, and the Commission to make a "silk purse out of a sow’s ear." Member Hoadley commended the applicant for working with the City and coming up with a plan which should work.
2. CITY CENTER PLAZA (f.k.a., NOVI GRAND), SP 95-30D
Property located at the southwest corner of Grand River Avenue and Novi Road for possible Final Site Plan approval.
Norman Hyman - 2290 First National Building, Detroit, believes their plan is also an outstanding example of cooperation between staff, consultants, the Commission, and the City Center Commission and further believes their plan meets all concerns. Mr. Hyman advised they have provided a footpath to be designated at the appropriate time when the City decides where it will be located. Mr. Hyman reported in and out left turns have been eliminated on Novi Road and they also provided facade changes facing the proposed ring road to make it more attractive. Mr. Hyman advised they have made all the requested changes with one exception. Mr. Hyman reported the applicant believes the continuation of the Novi Road access with a limited right turn in and out only and a redesign which includes the pork chop island so it is insured is critical to the survival of the center. Mr. Hyman advised it will be difficult to attract tenants if traffic is not able to enter from the Novi Road frontage. Mr. Hyman believes they have demonstrated there is no traffic problem related to a Novi Road access and he also thinks Mr. Arroyo agrees. Mr. Hyman advised if they eliminate the Novi Road access there will also be some safety concerns because many motorists will be confused and will circle to get back once they discover there is no access. Mr. Hyman believes they now comply with all of the ordinance requirements and they have gone beyond the City’s requests and by that, request the Commission’s approval.
Brandon Rogers, Planning Consultant advised his report of June 24, 1996 represents his review of a revised final site plan which the Planning Commission called back before they could give final site plan approval. Mr. Rogers further advised the plan is essentially the same as the previous two plans, but the applicant has made a decision on the curb cut which Mr. Rogers defers to the traffic experts. Mr. Rogers referred to Page 2 of his report which lists the review of the in place landscape inspections as they conduct them. Mr. Rogers advised there are very few cities which have this mechanism in their site plan review for landscape improvements and it is usually left to the developer to attempt to comply with what is on the approved site plan. Mr. Rogers added until they do a detail inspection by a registered landscape architect, applicants do not get their bond money back until they plant everything to the right size, species, and spacing in the 4" mulch depth. Mr. Rogers thinks this kind of follow up shows well through many already completed projects.
Mr. Rogers reported the proposed woodchip pedestrian path is along the future "riverwalk" with a Flint Street alignment, but the precise location depends upon how they design it in a possible Southwest Town Center Quadrant Study this coming year.
In summary, Mr. Rogers recommends final site plan approval.
David Bluhm JCK & Associates advised his office has also reviewed the revised final site plan and noted they incorrectly identify the site plan as C in their letter and they should have labeled it as D. Mr. Bluhm also noted Item 1 in their report is still outstanding. Mr. Bluhm advised the Building Department will follow up on that separately and they will require it before construction. Mr. Bluhm noted Items 2 and 3 appear to have been completed and his office recommends approval with condition 1 still outstanding.
Rod Arroyo, Traffic Consultant reported his office has reviewed the final site plan. As they have indicated it, Mr. Arroyo advised when the Planning Commission approved the preliminary site plan they approved it with the restriction of right turns in and out for the Grand River and Novi Road driveways. Mr. Arroyo said one of the key issues as part of the final site plan review and what the applicant is requesting is that the Novi Road driveway remain open on a permanent basis. Mr. Arroyo further said based upon comments from Mr. Hyman, the applicant is proposing to incorporate some modifications to that drive to include a pork chop island which would physically restrict turns based upon Planning Commission members who asked it to be considered. Mr. Arroyo advised it will obviously have an impact on the turning movements in and out, making it much more restrictive and minimizing the potential for disobeying traffic control signs. Mr. Arroyo said one of the things about this type of retail development is there is a high percentage of pass by trips which leads to a high percentage of right turn in, right turn out maneuvers. Mr. Arroyo stated that type of restriction should fit this type of development because there will be many right turns in and out. Mr. Arroyo advised they are supportive of the applicant’s request that it be a permanent right turn in, right turn out driveway on Novi Road. Mr. Arroyo finds the location is reasonable and given the location of the site, the access point makes sense. Mr. Arroyo also indicated there are improvements needed such as the proposed paving of Flint Street and JCK has reviewed that in relationship to the Main Street development. Mr. Arroyo said they will also require a Road Commission permit for the paving, as well as for their proposed driveways onto Grand River and Novi Road. Mr. Arroyo concluded by stating they recommend approval of the final site plan.
Linda Lemke, Landscape Architect reported the landscape architects for this project were Ludwig and Associates and she spoke frequently with Mr. Devlin. Ms. Lemke stated some major considerations were the sidewalk along Novi Road and the screening of the parking which allowed visibility of the building. Ms. Lemke believes they achieved that with more screening than visibility. Ms. Lemke said a direct connection walkway from Novi Road to the building includes pedestrian lighting per Town Center requirements, a brick splash strip, and additional landscaping in the southeast area of the building. Ms. Lemke is pleased with the final result of the landscape plan.
David Bluhm, JCK & Associates reported their letter of June 27, 1996 recommends wetland approval. Chairperson Lorenzo asked if this is an administrative approval? Mr. Bluhm replied it is.
Mr. Arroyo added if the Commission chooses to have the applicant incorporate the pork chop islands, he and Mr. Bluhm would require an administrative submittal of the final site plan because they have not reviewed that change. Chairperson Lorenzo replied so noted.
Chairperson Lorenzo noted they have a letter from Chris Pargoff, City Forester stating his office concurs with Linda Lemke’s recommendations, but offers the following as an addition to point 2 of her letter that they hold an environmental preconstruction meeting before any clearing and grubbing takes place. He also listed the following proposed determination of fees: Performance Bond for Protective Fence Maintenance, $5,000; Woodland Replacement Bond, 20 trees at $225 for $4,500; and a cash Inspection Fee for $500.
Chairperson Lorenzo also noted for the record they have a letter from Daniel W. Roy, Captain of the City of Novi Fire Department stating the above plan has been reviewed and they recommend approval. Chairperson Lorenzo turned the matter over to the Commission for Discussion.
Member Hoadley stated he appreciates the applicant’s cooperation and he is pleased the applicant is going to put a pork chop on Novi Road, but he would also like to see the same pork chop on Grand River Avenue. Although they did not discuss it, Member Hoadley understands there would be no objection by the petitioner to do that. The applicant replied this is the first he has heard about this and asked if they have discussed it? The applicant said that would make all turns from in from Grand River, right turn as well and all turns out. Member Hoadley said the applicant has already agreed to right turns. The applicant said he would see no problem with that. Member Hoadley said the applicant originally agreed to using signage, but it doesn’t always work and this would be a safer way at a busy intersection. The applicant further said they would have no objection to making that a condition, subject to administrative approval of the design.
Member Hoadley’s other concern is about his original motion to close this access because he felt it would be irrelevant down the road. Since then, Member Hoadley has studied the matter and because of the applicant’s cooperation on the cuts and he likes the project, he is willing not to impose that the cut be closed. However, Member Hoadley thinks they should revisit the issue in fifteen to twenty years to see if it is still a relevant cut. Member Hoadley added he appreciates and understands the applicants concern about not being able to lease spaces. Member Hoadley moved to give SP 95-30D final site plan approval subject to the consultants’ concerns, the fact the petitioner is willing to put pork chops at both locations, Grand River and Novi, and subject to a revisit of the situation twenty years from now by mutual consent. Motion seconded by Churella.
PM-96-07-142 UNDER SP 95-30D IS GIVEN FINAL SITE PLAN APPROVAL SUBJECT TO THE CONSULTANTS’ CONCERNS, THE FACT THE PETITIONER IS WILLING TO PUT PORK CHOPS AT BOTH LOCATIONS, GRAND RIVER AND NOVI ROAD, AND SUBJECT TO A REVISIT OF THE SITUATION TWENTY YEARS FROM NOW BY MUTUAL CONSENT
Moved by Hoadley, seconded by Churella, CARRIED UNANIMOUSLY: Under SP 95-30D is given final site plan approval subject to the consultants’ concerns, The fact the petitioner is willing to put pork chops at both locations, Grand River and Novi Road, and subject to a revisit of the situation twenty years from now by mutual consent.
Chairperson Lorenzo stated it has been moved and seconded to approve the final site plan for City Center Plaza, SP 95-30D, subject to the consultants’ conditions and letters, subject to the pork chop application at the two entrances, Grand River and Novi Road, subject to the review of Mr. Bluhm and Mr. Arroyo of those modifications. (end of tape)
Member Hodges asked if no time limit would be more appropriate than saying twenty years and allow it to be written as "as warranted?" Member Hodges added if there is a concern before twenty years which may need to be addressed, they could address it before twenty years. Member Hoadley replied instead of making it mandatory that it be closed, it would be done by mutual consent. Member Hodges said she is still holding that factor, but she is just not saying they will not worry about it for twenty years and if they say as warranted, they will not have to wait twenty years if the need should arise before then. Member Hoadley said just because the City might have a concern, it would still have to be by mutual consent. Member Hodges would like to think their concern would be based upon traffic collisions or something else that would warrant another review. Member Hodges added if they don’t put a time limit on it, the Commission could say as warranted. Member Hoadley accepts Member Hodges amendment.
Chairperson Lorenzo said they are removing the twenty year aspect. Member Hoadley added they are removing the mandatory closing at the time the ring road is completed.
Member Hodges asked if they can route all the delivery truck traffic to Flint Street with the application of the pork chop islands? The applicant advised huge semis will not be delivering to this center and he is not sure if there would be a turning radius problem. The applicant further advised they will do their best to advise delivery vehicles. Member Hodges is thinking about situations when large trucks would deliver furniture to someone occupying office space. Member Hodges is not looking at it on a daily basis, but on those occasions when they may need it. Mr. Arroyo said they can design the pork chop islands to handle some large truck traffic, but it is a matter of how much. Mr. Arroyo reminded the Commission there is full access from Flint Street as an alternative. Mr. Arroyo also said they will not prohibit trucks from the pork chop islands, they will have a wide enough entry way and they can look at it again at final to make it as effective as possible.
Member Bononi is concerned about the sensitivity in terms of the erosion and sedimentation control plan. Because it is an environmentally sensitive site and from the standpoint of the construction phasing, Member Bononi asked if the applicant will be using all the proposed entrances to the site or will the construction vehicle site be limited to certain access? George Norberg, architect for the applicant, believes the plans show that access is limited to the Flint Street section and added they will also have 1-3" crushed stone as part of the soil erosion.
Depending upon when construction begins and from the standpoint of disturbed soils and how they winter over, Member Bononi asked how the applicant proposes to stabilize the soils during a wintering over status? Mr. Norberg replied typically there is a sequence of construction which defines the times starting with day one which is listed on the plan and he does not recall what it is exactly. Mr. Norberg said under the City’s guidelines, they have to be seeded and mulched prior to winter and he believes they also try to get some type of grass growing in those. In this instance, Mr. Norberg said the mass grading, as well as the construction of the sediment basin will be the first step after they put the erosion devices in place. Mr. Norberg added as soon as they construct the detention basin, it is seeded and mulched immediately so there is no erosion into the existing storm sewer pipe. Member Bononi’s concerns are for the stream which exists and protections to the stream in seeing that they continually maintain the erosion and sedimentation, which the applicant has already committed to do. Member Bononi is also concerned about it being a tight site in terms of construction.
Member Bononi asked if there is any access problem with regard to a construction vehicle site as shown on the plan as a public right of way or will they allow only construction vehicles? Mr. Watson is not certain about what access point Member Bononi is referring to. Member Bononi replied it would be the Flint Road access which they show as a construction access with gravel. Mr. Watson replied they require a permit from the DPS to do any work within a right of way.
Member Capello asked if they will review the revised plan showing the pork chops administratively? Chairperson Lorenzo advised he was correct.
Member Hoadley said if he is not mistaken, the original plan was approved subject to Flint Road being paved up to the entrance way. Member Hoadley asked the applicant if the plan receives approval, does it change his position about the rezoning of the property from TC to TC-1? The applicant replied that he would favor the rezoning to TC-1.
Chairperson Lorenzo appreciates the pork chop modifications, but she is concerned about the exclusion of decel lanes on Novi Road. Chairperson Lorenzo said though the right-hand lane is actually a passing lane, she believes it is more or less used as a second lane until it merges into the left-hand lane. Chairperson Lorenzo is concerned without a decel lane, there will be a lot of rear end collisions. The applicant apologized and advised they have redesigned the plan which includes a decel lane and it should have been a part of their presentation. Chairperson Lorenzo will then support the motion and appreciates the modifications.
Chairperson Lorenzo stated if there are no other comments, the motion is to approve the final site plan for City Center Plaza, SP 95-30D, subject to the consultants’ letters and conditions, subject to the pork chop at both curb cuts and decel lane on Novi Road which will be reviewed by the consultants administratively and the Commission is consenting to remove the condition of closing the Novi Road access to be reviewed as warranted in the future by mutual consent.
VOTE ON PM-96-07-142 - MOTION CARRIED UNANIMOUSLY
Yes: Churello, Hoadley, Hodges, Lorenzo, Markham, Vrettas, Weddington, Bononi, Capello
Chairperson Lorenzo seeing no one. . . .
Member Hodges interjected and asked if it would be appropriate to amend the agenda to add to the Consent Agenda the approval of the June 15 and June 19, 1996 Planning Commission minutes to free the time up at the 7:30 meeting?
Mr. Watson said it can be done if there is a vote by the Commission to add each of those items to the agenda.
Member Hodges would like to make such a motion because she feels those two items probably would not come up during Audience Participation, but everything else should be left for that reason. Member Hodges made a motion to amend the agenda to include Items (1) and (2) to the Consent Agenda, Approval of the June 15 and June 19, 1996 Planning Commission Minutes.
PM-96-07-143 TO AMEND THE AGENDA TO INCLUDE ITEMS (1) AND (2) TO THE CONSENT AGENDA, APPROVAL OF THE JUNE 15 AND JUNE 19, 1996 PLANNING COMMISSION MINUTES
Moved by Hodges, seconded by Hoadley, CARRIED UNANIMOUSLY: To amend the agenda to include Items (1) and (2) to the Consent Agenda, Approval of the June 15 and June 19, 1996 Planning Commission Minutes.
Chairperson Lorenzo asked if there is any discussion on the motion? Chairperson Lorenzo asked all those in favor of adding the minutes under the Consent Agenda signify by saying aye, those opposed say no and advised the motion passed unanimously.
VOTE ON PM-96-07-143 CARRIED UNANIMOUSLY
Yes: Capello, Churella, lBononi, Hoadley, Hodges, Lorenzo, Markham, Weddington, Vrettas
1. Approval of June 5, 1996 Regular Planning Commission Meeting Minutes
2. Approval of June 19, 1996 Regular Planning Commission Meeting Minutes
Member Hodges referred to the first full sentence on Page 19 of the Regular Planning Commission Meeting Minutes of Wednesday, June 5, 1996 and advised that it reads, "she asked Mr. Watson if a Public Hearing is required in order to act upon an ordinance or. . . . " and asked to insert the word "can." Chairperson Lorenzo stated it should read, "or can the City Council . . . "
Member Bononi advised on the same page, the second line of the second paragraph reads, ". . . . and abeling. . . ." and believes it should read, "enabling. . . ." Member Bononi referred to the first paragraph, fourth line on Page 28 and believed it should read, "Army Corps."
Chairperson Lorenzo asked if there were any corrections to the June 19 minutes? Seeing none, the Chair entertained a motion to approve the June 5, 1996 and June 19, 1996 Minutes as amended.
Member Weddington motioned to approve the minutes as amended for June 5, 1996 and June 19, 1996.
PM-96-07-144 TO APPROVE THE MINUTES AS AMENDED FOR JUNE 5, 1996 AND JUNE 19, 1996
Moved by Weddington, no second made, CARRIED UNANIMOUSLY: To approve the minutes as amended for June 5, 1996 and June 19, 1996.
Chairperson Lorenzo asked if there is any discussion on the motion. Seeing none, she asked all those in favor of approving the June 5 and the June 19, 1996 minutes as amended signify by saying aye, those opposed say no. Motion passed unanimously.
VOTE ON PM-96-07-144 - MOTION CARRIED UNANIMOUSLY
Yes: Hodges, Lorenzo, Markham, Vrettas, Weddington, Bononi, Capello, Churella, Hoadley
Chairperson Lorenzo advised she would entertain a motion to adjourn until 7:30 p.m.
PM-96-07-145 TO ADJOURN THE SPECIAL MEETING OF THE PLANNING COMMISSION AT 6:50 P.M. UNTIL 7:30 P.M.
Moved by Hodges, seconded by Bononi, CARRIED UNANIMOUSLY: To adjourn the Special Meeting of the Planning Commission at 6:50 p.m. until 7:30 p.m.
Chairperson Lorenzo said all those in favor say aye and advised the meeting is adjourned until 7:30 p.m.
VOTE ON PM-96-07-145 - MOTION CARRIED UNANIMOUSLY
Yes: Lorenzo, Markham, Vrettas, Weddington, Bononi, Capello, Churella, Hoadley, Hodges
Steve Cohen - Staff Planner
Transcribed by: Barbara Holmes
July 18, 1996
Approved: August 7, 1996