(810) 347-0475

Meeting called to order at 7:30 p.m. by Chairperson Lorenzo

PRESENT: Members Bononi, Churella, Chairperson Lorenzo, Markham, Weddington

ABSENT: Members Capello (Absent/Excused), Hoadley (Absent/Excused), Vrettas (Absent/Excused)

ALSO PRESENT: Engineering Consultant David Bluhm, Traffic Consultant Rod Arroyo, Assistant City Attorney Dennis Watson, Landscape Architect Linda Lemke, Director of Planning & Community Development Jim Wahl, Staff Planner Steven Cohen

PLEDGE OF ALLEGIANCE

Chairperson Lorenzo asked if there were any additions or changes to the Agenda.

Member Bononi asked to discuss the content of rezoning applications as Item 4 under Matters for Discussion.

Seeing no one else, the Chair entertained a motion to approve the Agenda as amended.

PM-96-08-184 TO APPROVE AGENDA AS AMENDED

Moved by Weddington, seconded by Markham, CARRIED UNANIMOUSLY: To approve the Agenda as amended.

Chairperson Lorenzo stated it has been moved and seconded to approve the Agenda as amended, all those in favor of approving the Agenda as amended please signify by saying aye, those opposed say no.

VOTE ON PM-96-08-184 CARRIED UNANIMOUSLY

Yes: Bononi, Churella, Hoadley, Lorenzo, Markham, Weddington

No: None

Chairperson Lorenzo asked if there was anyone who would like to address the Commission, seeing none she closed the first Audience Participation announcing that there will be second after the midpoint break and a third before adjournment.

In Member Capello’s absence, Chairperson Lorenzo asked Mr. Cohen to read any correspondence that has been received. Mr. Cohen announced two pieces of correspondence were received.

Baldev Singh, President of The Sikh Society of Michigan, Inc. stated he was aware that Sikh Center of Michigan has submitted plans for approval, however, the land for which the plans have been submitted belongs to the Sikh Society of Michigan. Mr. Singh advised that the two organizations are different from each other and requested the application for approval of the site plan submitted by Sikh Center of Michigan be tabled.

Lawrence A. Kilgore, attorney for Sikh Center of Michigan and Sikh Society of Michigan was in contact with the Commission concerning the site plan application for the proposed Sikh Temple. Recently a small group within the membership of the temple has begun a campaign to halt the temple building project. Mr. Kilgore was aware of the letter to the Commission from the Sikh Society of Michigan, he asked the Commission to be advised of: 1) The site plan and related drawings have been submitted to and approved by the membership and committee of the temple. 2) The author of the letter received, requesting a table of the matter, is not an officer nor director of either the Sikh Center of Michigan or the Sikh Society of Michigan and the letter is not a request of either company. 3) The property is owned by the Sikh Center of Michigan, which is the successor in interest to the Sikh Society of Michigan. Mr. Kilgore apologized for any confusion and assured that both companies have fully endorsed the applications before the Commission and requested the Commission to proceed in accordance with usual procedures.

CONSENT AGENDA

Chairperson Lorenzo asked if there were any removals or approvals to the Consent Agenda? She stated she would like to remove Item 1 and entertained a motion to approve the other Consent Agenda items.

PM-96-08-185 TO APPROVE THE CONSENT AGENDA ITEMS, NANTUCKET COVE, OST-PLANNED OFFICE SERVICE TECHNOLOGY DISTRICT

Moved by Weddington, seconded by Bononi, CARRIED UNANIMOUSLY: To approve the Consent Agenda as amended.

Chairperson Lorenzo stated it has been moved and seconded to extend the Special Land Use of Preliminary Site Plan for Nantucket Cove and the Boston Club Banquet Hall, SP94-49A and to Schedule a Public Hearing for September 18, 1996 at the Regular Planning Commission Meeting for the OST-Planned Office Service Technology District (f.k.a. OS-3), all those in favor of approving the Consent Agenda as amended please signify by saying aye, those opposed say no.

VOTE ON PM-96-08-185 CARRIED UNANIMOUSLY

Yes: Bononi, Churella, Lorenzo, Markham, Weddington

No: None

Chairperson Lorenzo announced to anyone in attendance for the Nantucket Cove Restaurant and the Boston Club Banquet Hall, the project has been extended until June 20, 1997.

Mr. Cohen announced the Planning & Community Development Department has hired a new Planning Aide, Larry Frey. He has been with the Department for about three weeks, Mr. Cohen asked Mr. Frey to give an introduction about his experience and background.

Larry Frey, Planning Aide stated his planning experience is from Florida, he recently completed the Masters program at the University of Florida. He stated he was impressed by the City of Novi and looks forward to working with the Commission.

Chairperson Lorenzo welcomed Mr. Frey stating the Commission also looks forward to working with him.

Mr. Cohen also announced that Khanh Pham, the new Clerk/Typist for the Department was unable to make it to the meeting, however, he will be introduced at a future meeting.

1. SIKH TEMPLE, SP89-05D

Property located north of Eight Mile Road, west of Beck Road for possible Revised Special Land Use, Revised Preliminary Site Plan and Revised Woodland Permit approvals.

Mike Kahm requested the Commissions approval of Special Land Use, Revised Site Plan and Building Elevations for a church. Mr. Kahm turned the floor to Mr. Kilgore for some background information so the Commission could better understand his stand for a Special Land Use approval.

Larry Kilgore gave some brief history of the project. It has been in the planning stage for 7-8 years and has not progressed due to a lack of funds. The leadership of the temple approached Singh Development Group and asked them to take over fund raising and development of the project as a charitable endeavor for the temple, which they agreed to do. Since then, approximately one million dollars have been raised. The plans before the Commission were developed in March, the full membership of the Society approved the plans in April. Since then, development has been proceeding and some descent has arisen within the temple. The descent comes primarily from the person who was leading the temple project until the time the Singh Development Group was asked to take it over. There has been a lot of unfortunate tactics and behavior, disruptions at meetings, physical assaults both at meetings and at the alter of the temple during service. Last Sunday, the group of eight people met and proclaimed themselves to be the new leaders of the temple which resulted in the letter that was read during the Correspondence portion of the meeting. Mr. Kilgore stated the plans before the Commission are the plans that the group, the community, the board, and all of the committees want and endorse.

George Norberg of Sieber, Keast and Associates reviewed the utilities on the site. There is no water or sewer located within the area of the development. A proposed on-site septic system for sanitary sewer waste water disposal and an on-site well to handle the water supply for the system. Storm water on the site will flow into catch basins located along the side and discharge into a proposed detention basin which will also act as a sediment basin prior to discharging into the wetland area. Mr. Norberg pointed out woodland areas on the site and stated the area that is being developed is not located within a woodland area. In Ms. Lemke’s woodland review, she makes note of a large ash tree and requested relocation of the driveway in order to save the tree. Mr. Norberg stated this was looked at and can be done. A passing lane is also being shown on the Eight Mile Road section.

Rod Arroyo, Traffic Consultant reviewed Brandon Rogers letter dated July 1, 1996. The site is located on the north side of Eight Mile Road between Beck Road and Garfield Road. Only a portion of the 37+ acres is being developed. This project has been before the Commission in the past, for Special Land Use and Site Plan Approval was granted in 1989. Mr. Rogers has reviewed the plan and finds that the Preliminary Site Plan information has been provided and also the Special Land Use standards contained within the Ordinance for a non-residential use within a residential zoning district are also met. Increased setback requirements are required and identified as being a minimum of 70 feet for all yards, the applicant has exceeded this. Off-street parking has been provided. The development does fall within regulated woodlands and will require a Woodlands Permit which Linda Lemke will address, a landscape plan and building facade plan review will occur at the time of final. There is reference to an eight foot wide concrete walkway that needs to be modified to five feet to meet the City’s Safety Path Plan. Mr. Rogers recommended Preliminary Site Plan approval and continued Special Land Use approval subject to three items: 1) Special Land Use approval, 2) compliance with the conditions of the Woodlands Permit, 3) The adjustment of the sidewalk width to five feet along the north side of Eight Mile Road.

Mr. Arroyo reviewed the traffic concerns. He stated there has only been one change to the plan. Due to the increase in traffic volume on Eight Mile Road since the project was initially proposed, the applicant is now showing a passing lane, where before, a passing lane was not deemed to be warranted because of the lower volume traffic. The applicant is forecasting approximately 130 inbound and 130 outbound trips during a Sunday peak hour. It is proposed that there will be minimal use during a typical weekday. Mr. Arroyo recommended Preliminary Site Plan Approval.

Dave Bluhm of JCK & Associates stated Mr. Arroyo and Mr. Norberg have addressed most of the engineering issues and recommended approval. Mr. Bluhm stated that Ms. Tepatti or the office has reviewed the Administrative Wetland Permit. There are two wetlands on the site, there is a meadow wetland on the western edge, where they are proposing the restricted flows from the detention basin to be dumped. The detention basin will also act as the temporary sedimentation basin. Also proposed are minor buffer intrusions which JCK would like to see minimized at the time of final. There are wetlands at the northeastern corner where a small intrusion is proposed, JCK would like to see this intrusion minimized. Mr. Bluhm stated that approval is recommended.

Linda Lemke, Landscape Architect stated the site was approved for Woodlands Permit with another Site Plan in the same general location on July 1, 1992. The site has four areas of regulated woodlands. There are one and one-half acres of light woodlands along Eight Mile Road where approximately one-third is in the road right-of-way. Many trees have rot and die back and have been marked to be taken down. There is a four and one-half acre wooded wetland approximately 500 feet north of Eight Mile Road which averages DBH of 10-12 inches. It is typical of wooded wetlands, containing smaller seedlings, wildflowers, vines and shrubs. There is a hedgerow that runs along the western property line which runs into a large woodlands and continues to the north and south of the site. The development of the entryway to the site will impact the light woodlands along Eight Mile Road. The applicant has submitted all of the information required of a Woodlands Permit under Section 37.28A four of the trees inventoried subject to the Woodlands Preservation Ordinance, are to be removed. They are to be replaced with 12 replacement trees, located along the driveway. Species type will need to be identified on the landscape plan. The petitioner is also saving the hedge row along the eastern property line which is not regulated and contains a good variety of trees and shrubs. Ms. Lemke stated she finds that the proposed development is consistent with the standards which govern the granting of a Woodlands Use Permit. She recommended approval subject to payment of performance bonds and no construction take place including clearing or grubbing, until the fencing has been approved by the City and an environmental pre-con meeting is held. In addition, remaining regulated woodlands which are saved are placed into a preservation easement, preservations signage is erected as directed by the City, review of the final engineering plans for woodland impact and saving of tree 4031.

Chris Pargoff, City Forester concurred with Ms. Lemke’s evaluation, however, he stated there may be additional protective fencing necessary when the project is actually under construction. In that regard he asked for a protective fencing bond of $5,000 and that it be included before construction, grubbing or clearing may begin.

Chairperson Lorenzo stated she has received a letter from Daniel W. Roy, Captain of the City of Novi Fire Department which states that the above plan has been reviewed and approval is recommended. She announced it is a Public Hearing and opened the floor to the public.

Ramindersingh Dhadli, 3835 Mark Drive, a Working Committee member of Sikh Society of Michigan stated the take over of the project was to go through the process of the constitutional amendment which states that two-thirds of the Working Committee members must approve any change. At the meeting of June 16, there were 18 members present and this issue was not brought up, for the record, on June 23rd, nine members stood up and stated there was never a constitution passed which allowed the Sikh Center of Michigan to come into being. Mr. Dhadli stated he is not here to block the new project, however it was his belief that it was all unconstitutional.

Chairperson Lorenzo stated that the Planning Commission in the City of Novi reviews plans in accordance with compliance of the Ordinances. It was her belief that the Commission is precluded from any type of regulation or entering into any litigation regarding any particular covenants that may be had by Sikh Center or Sikh Society. She stated the Commission looks at the plans and if they are in compliance with the Ordinances, than they are bound to be approved accordingly.

Mr. Dhadli stated the new name of the Michigan Center is unconstitutional.

Chairperson Lorenzo stated there has been documentation provided in terms of deeds to the property, etc. She stated again, if there are separate covenants within the Sikh Society and Sikh Center, she believed the City of Novi did not have any enforceability with the covenants and stated she will double check with the City Attorney. (end of tape)

Unknown citizen stated the name has been illegally changed to New Center of Michigan. He stated Mr. Kilgore has not been hired by the Sikh Society of Michigan, he has been hired by Singh Development to take care of the project for Sikh Center of Michigan, not Sikh Society of Michigan. Everything done within the society has to be approved by a two-thirds majority vote. He stated he was shocked that Mr. Kilgore has made such an astonishing statement when the Society, approximately 350 families are objective to the project.

Chairperson Lorenzo asked if there was anyone else who would like to address the Public Hearing, seeing no one she closed the Public Hearing and turned the matter over to the Commission for Discussion.

DISCUSSION

Member Weddington focused in on the Site Plan, Land Use and Woodlands Permit. She stated she was glad to see the project move forward. She agreed with the preservation of the large ash tree, and would like to see the wetland buffer intrusion at the northeast corner avoided if possible. She asked the applicant if there were any other plans for expansion in the future as she recalled, the prior plans had residence associated with it, however, it was not shown on the current plan.

Mr. Norberg stated an apartment for the priest has been incorporated within the building rather than building a separate home. Member Weddington asked if any additional buildings or expansion of the facility was contemplated? Mr. Norberg answered, no not at this time.

Member Weddington asked Mr. Watson if the Commission should be concerned regarding the ownership?

Dennis Watson, Assistant City Attorney answered as he understands the controversy, a dispute has been raised as to who has ownership rights over the property. He stated the Commission should be basing their decision on the Site Plan requirements of the Zoning Ordinance. The applicant should be aware that before a Building Permit or any permit can be granted for any improvements to the site, the City must have verification of ownership.

PM-96-08-186 TO APPROVE SPECIAL LAND USE, REVISED PRELIMINARY SITE PLAN AND REVISED WOODLAND PERMIT FOR SIKH TEMPLE, SP89-05D SUBJECT TO ALL OF THE CONSULTANTS COMMENTS AND RECOMMENDATIONS

Moved by Weddington, seconded by Bononi, CARRIED UNANIMOUSLY: To approve the Special Land Use, Revised Preliminary Site Plan and Revised Woodland Permit for Sikh Temple, SP89-05D subject to all of the consultants conditions and recommendations.

Chairperson Lorenzo stated it has been moved and seconded and asked for further Discussion on the motion

DISCUSSION

Member Bononi asked specifically what the use of the facility is going to be? Mr. Kahm answered it is a church, temple, religious worship building. Member Bononi was unclear why a play structure was included on the plan for a place of worship. Mr. Kahm answered there are activities that occur after worship services. In this case there are a number of children who’s families are members of the congregation and they linger after services as a day-long celebration. Member Bononi asked for a definition of "park/picnic area" in this particular case. Mr. Kahm answered a couple of picnic tables and maybe a bench, no outdoor cooking.

Member Bononi asked about the dwelling that is proposed within the building. She asked if the dwelling will be a single family dwelling? Mr. Kahm answered it is a two bedroom apartment. Member Bononi asked about the occupancy of that apartment. Mr. Kahm answered it is intended for the priest and his family.

Member Bononi asked if the boundary for the wetland has been designated by the wetland expert? Mr. Kahm answered Brooks Williamson is the expert and yes it is the boundary. In regard to the proposed septic system, the proposed septic field and the area in reserve, Member Bononi asked which soils in the soils classification underlie the septic field, parking lot and the building? Based on the county maps, Mr. Kahm stated the area is shown to be a gravely sand area. Member Bononi pointed out that two of the soils designations are designated in the SES Manual as being poorly suited to septic systems, in the event the septic systems would not be able to be put there, she asked if another site has been sought out? Mr. Kahm answered there is the possibility of engineering the septic system.

Member Bononi asked if the abutting property owner to the east of the proposed septic field and the reserve field is a dwelling? Mr. Kahm answered it is the farm house which is Mrs. Elvy’s property. Member Bononi asked if there was any concern to the wetness of that area, whether or not the septic field will operate properly, consequently providing wetness to the property to the east or moisture to the picnic or basketball areas, being that tests have not been done? Mr. Kahm stated not at this point, when construction drawings are done, this will be analyzed more thoroughly.

Member Bononi asked if it was believed that the storm water detention pond was built to accommodate a ten year storm event? Mr. Norberg answered, yes. She then asked wherein the stormwater detention pond will outlet, there is a statement in the material provided that says none of the vegetation will be effected by the water levels of the existing wetland from the flow that will come from the detention pond, was she correct in presuming that none of the trees are going to die in the wetlands area? Mr. Norberg stated there will not be any change in the overland flow within the wetland area. Discharge will be done at a restricted rate and there is an existing 18 inch culvert underneath Eight Mile Road that does not dewater the wetland area but provides an outlet. Member Bononi asked where does the water from the existing wetland ultimately end up? Mr. Norberg stated it runs into the Eight Mile Road ditch, which the City’s Master Plan calls, the Sump Drain System.

Member Bononi stated she read in an earlier set of minutes upon approval of the project, construction phasing was intended, yet there is nothing in the current application that refers to phasing, She asked if there was a phasing plan? Mr. Kahm answered the reason for the phasing plan in the previous plan was because of the residence in a separate structure. This allowed permits to be obtained and therefore obtain CO’s separately.

Member Bononi commented in the event that this plan is approved, she felt it was important that the site area be placed on the plan and the plan come before the Commission for final approval specifically in regard to landscaping.

Chairperson Lorenzo asked Member Weddington she would accept the amendment to the motion. Member Weddington answered, yes.

Moved by Bononi, seconded by Weddington

Chairperson Lorenzo asked Mr. Arroyo in regard to parking, is there more parking required than is necessary based upon the type of use generated or is the parking modified accordingly?

Mr. Arroyo answered the parking requirement is one space per three (3) seats or persons permitted to capacity. There is a proposed capacity of 400 seats, based on this capacity, 133 parking spaces are required, therefore it is meeting and exceeding the Ordinance by roughly 10-15 spaces. Chairperson Lorenzo asked Mr. Kahm if he feels he needs the extra parking spaces as a cushion? Mr. Kahm stated it is more a dimensional issue, he just wanted to fit as many parking spaces as he reasonably could fit within the confines of the site restrictions.

Chairperson Lorenzo asked Mr. Bluhm if the sedimentation basin is temporary or permanent? Mr. Bluhm answered, the detention basin during construction will also serve as a temporary sedimentation basin to filter out any soils, after construction, water quality features will be added to it. Chairperson Lorenzo asked if it will be converted to a water quality basin? Mr. Bluhm answered it is the intent.

Chairperson Lorenzo stated the motion is to approve Special Land Use, Revised Preliminary Site Plan, Revised Woodland Permit for Sikh Temple, SP89-05D subject to all of the verbal and written conditions and recommendations of the consultants and is to be brought back for final.

VOTE ON PM-96-08-187 CARRIED UNANIMOUSLY

Yes: Bononi, Churella, Lorenzo, Markham, Weddington No: None

CONSENT AGENDA

1. PROVIDENCE MEDICAL CENTER/PERMANENT MRI FACILITY, SP96-19

Property located at the southwest corner of Grand River Avenue and Beck Road for possible Preliminary Site Plan approval.

Chairperson Lorenzo had questions regarding the project, she asked if the mobile facility is to be made permanent?

Luz Macaraig, representing Albert Kahn Associates, Inc., stated the project is a permanent support building addition to the present facility. The module will remain mobile.

Dave Bluhm of JCK & Associates stated there were a couple of comments in his letter in regard to the Preliminary review that needed to be addressed and resubmitted Administratively for Final approval.

Chairperson Lorenzo stated there was no detailing of the screening wall and asked if it was a concern at this time?

Rod Arroyo, Traffic Consultant stated it was noted in Brandon Rogers letter that the masonry screen wall will need to be of similar brick to what is proposed for the main structure. Chairperson Lorenzo asked Mr. Arroyo if he had concerns regarding site distance? Mr. Arroyo stated at the time of Final, site distance will be reviewed in detail as to the location of the wall and motorists existing the circle drive.

PM-96-08-188 FOR PRELIMINARY SITE PLAN APPROVAL OF PROVIDENCE MEDICAL CENTER PERMANENT MRI FACILITY, SP96-19 SUBJECT TO ALL OF THE CONSULTANTS COMMENTS AND RECOMMENDATIONS

Moved by Weddington, seconded by Markham, CARRIED UNANIMOUSLY: To approve the Preliminary Site Plan for Providence Medical Center Permanent MRI Facility, SP96-19 subject to all of the consultants comments and recommendations.

Chairperson Lorenzo stated it has been moved and seconded to approve the Preliminary Site Plan for Providence Medical Center MRI Facility, SP96-19 subject to all of the consultants conditions and recommendations, and asked for any Discussion on the motion, seeing none she asked Mr. Cohen to please call the role.

VOTE ON PM-96-08-188 CARRIED UNANIMOUSLY

Yes: Churella, Lorenzo, Markham, Weddington, Bononi

No: None

1. SPEEDWAY SERVICE STATION REBUILD (HAGGERTY ROAD), SP96-14A

Property located at the southwest corner of Haggerty Road and Fourteen Mile road for possible Preliminary Site Plan approval.

Lisa Brown of Tech Express stated she has met with the consultants and feels the plan is an acceptable layout for both parties.

Rod Arroyo, Traffic Consultant reviewed Brandon Rogers letter dated July 25, 1996. This is an existing facility that is proposed to be rebuilt. The existing site is 0.07 of an acre which does not meet the one acre minimum requirement. The site size will have to be addressed before the Zoning Board of Appeals. Twelve nozzles are being proposed over the existing which is the same number currently in use. The proposed building complies with the B-3 District setback requirements, the canopy also meets the requirements. Adequate off-street parking is provided and an off-street loading/unloading area is properly shown on the plan. There was one concern raised by the Fire Marshall regarding a kerosene dispenser which is proposed on the south side of the curb cut from Haggerty Road which may require covering to meet State Hazardous Materials Standards. Mr. Rogers also indicated that the location may not be suitable and this is an issue that needs to be addressed as a part of the continuing review at Final. There are four driveways existing on the site, two on Fourteen Mile Road and two on Haggerty Road which are to be removed and replaced with two new driveways. The Zoning Ordinance requires that they be separated 100 feet from the right-of-way intersection. The driveway that is proposed for Fourteen Mile Road does not meet the 100 foot separation, it is proposed at 88 feet. Required green space setback is complied with on all sides of the site, a five foot sidewalk is shown along Fourteen Mile Road and Haggerty Road as required. Landscape plan is to be reviewed at the time of final, conceptual facade plans have been provided, the masonry units for the storage shed/trash collection area needs to be deleted and replaced with brick as noted in Mr. Rogers’ letter. Mr. Rogers recommended Preliminary Site Plan approval subject to the items identified: 1) Review of the ZBA deficient site size, 2) Review of curb cut separation being 12 feet deficient, 3) Further consideration of the kerosene dispenser location, 4) Deletion of sheet 5217 G from the packet, which deals with the trash collector storage screening.

Mr. Arroyo reviewed his letter dated August 8, 1996 relating to traffic concerns. The driveway issue still needs to be resolved. He indicated Haggerty Road carries approximately 35,000 cars per day, Fourteen Mile Road carries approximately 19,000. The project anticipates approximately 120 morning peak hour trips and 150 afternoon peak hour trips and approximately 2000 trips over a 24 hour period. Because the plan is an improvement over the existing traffic condition, Mr. Arroyo is recommending approval to the ZBA approval of the driveway spacing variance.

Dave Bluhm of JCK & Associates stated the applicant is proposing to extend sanitary sewer service as well as water service from Commerce Township. He would like to see the executing agreements prior to Final Site Plan, allowing access to Commerce Township utilities. Mr. Bluhm also asked to receive copies of construction approvals from Commerce Township for the construction of the utilities prior to Final Site Plan. The applicant is proposing catch basins on-site and underground. (end of tape) The ditch drains from the northwest corner along Fourteen Mile Road toward Haggerty Road, south along Haggerty Road and outlets. With exception to the comments expressed, Mr. Bluhm recommended approval.

Chairperson Lorenzo stated she has received a letter from William A. Conn, Fire Marshall for the City of Novi which states the above plan has been reviewed and approval is recommended with the following: 1) The building address is to be posted facing the street throughout construction, at least three inches in height on a contrasting background. 2) Working drawings for the installation of fire suppression systems, fire alarm systems, fire detection systems, fire suppression supervisory systems are to be submitted at the time architectural plans are submitted for review and approval. They should be separate from architectural plans and have an application for permit attached. Chairperson Lorenzo turned the matter over to the Commission for Discussion.

DISCUSSION

Member Weddington stated this would be an improvement to the existing facility and stated she did not have any concerns other than those addressed by the consultants.

PM-96-08-189 PRELIMINARY SITE PLAN APPROVAL FOR SPEEDWAY SERVICE STATION REBUILD AT HAGGERTY ROAD, SP96-14A SUBJECT TO ALL OF THE CONSULTANTS CONDITIONS AND RECOMMENDATIONS, INCLUDING THE ZBA APPROVAL AND WAIVER FOR DEFICIENT SITE SIZE AND DRIVEWAY LOCATION

Moved by Weddington, seconded by Markham

Member Bononi asked who the site owner was? Ms. Macaraig answered, Emro Marketing. Marathon Oil is the sister company.

Member Bononi asked if there were any outstanding citations from the DEQ or any other agency in regard to contaminated soils on the site? Ms. Macaraig answered, no. There has been submittal for the tanks but no approvals have been given yet.

Member Bononi asked what is the square footage of the existing building on site? Ms. Macaraig answered approximately 1,600 square feet, the proposed size is approximately 2,400 square feet. Member Bononi asked why the applicant is maxing out on the size of the building when the site size is deficient? Ms. Macaraig answered if the building is left at its’ current size, they would not be able to offer convenience items. Member Bononi asked for the size of the smallest convenience store proposed in the organization? Ms. McCraig stated she did not have that information with her, however she is proposing a 31' x 74' store. Member Bononi asked if there was the ability to propose a smaller store on the site?

Ted Bloom of Marathon Oil Company stated 31' x 74' is the smallest size store that could be proposed for this site. He stated it was looked at with regard to site size and in regard to the size of the building, there is nothing that effects any variances.

Member Bononi stated she had concerns about the applicant looking for a variance for deficient site size and then maxing out on the building size.

Member Bononi stated the landscaping is thrifty and asked if there was any way to upgrade it? Ms. Macaraig explained, her landscape architect has met with Ms. Lemke and her staff who have come up with this plan. It was her understanding that the layout was acceptable, as it complies with the Ordinance. Member Bononi asked Ms. Lemke about the survivability of the sparse number of plantings with no irrigation system and whether she feels the plan meets the Ordinance requirement.

Linda Lemke, Landscape Architect believed the applicant met with Eric Olsen. She stated she has not looked at the final, however, from briefly looking at the plan, she stated there would need to be more plantings along the right-of-way to meet the Ordinance. She also stated demonstration of how the plant material will be watered without the installation of an irrigation system will need to be shown.

Member Bononi expressed concern regarding a convenience store as a permitted use in the zone. She commented to the Commission, she would be interested in hearing from others who feel the Ordinance language should be amended to include or exclude convenience stores as it does not presently do. She stated in looking at the underlying zone, go back to the citation of allowing retail business but not in conjunction with a gasoline service station. Under the current Ordinance, the zone permits the sales of auto related items. She feels this should be clarified.

Chairperson Lorenzo stated Member Bononi’s point is well taken and perhaps during the Special Planning Commission Meeting of September 11, 1996 when the Zoning Ordinance Update is being reviewed, this might be an appropriate time to amend the language.

Mr. Arroyo stated based on his experience in reviewing similar applications, typically the convenience items that are sold are traditionally thought of as an accessory use to the principle permitted use.

Member Markham asked in regard to inbound left turns from Fourteen Mile being prohibited, if it was feasible to put a "pork chop" barrier as a physical barrier in the entryway to prevent those left turns?

Mr. Arroyo stated the traditional "pork chop" would not work because left turns out would still be permitted. A half "pork chop" could be put in, however it is so small that it becomes more of a hazard and Mr. Arroyo did not recommend it.

Member Markham asked if a large sign was proposed, because typically signs are not enough to prevent left turns. Mr. Arroyo stated if the sign is installed with a traffic control order as it should be, it will be enforceable by the police department.

Member Churella stated he did not see any reason to reduce the size of the building and felt the landscaping could be improved. Member Churella stated he drives Fourteen Mile Road when the traffic is heavy and commented that the left turn onto Fourteen Mile Road doesn’t seem as difficult as the turn onto Haggerty Road at peak time.

Mr. Arroyo agreed, stating at peak time, motorists tend to drive out to Fourteen Mile Road, turn right and then make the left turn at the light. This is why during non-peak time the left turn out, should be allowed.

Chairperson Lorenzo asked if there was enough cueue in the left turn lane to adequately handle the left turn lane traffic into the site? Mr. Arroyo answered there is already a left turn lane at the location and it was his belief that it extends far enough. He stated it is reviewed in more detail at the time of Final.

Chairperson Lorenzo asked Mr. Arroyo in regard to having 100 feet with no setback requirement, and moving the building adequately or inadequately, did he say that traffic would turn into the building? Mr. Arroyo stated if the Fourteen Mile Road entrance were to be shifted to the west, you would be turning toward the building as you come in and would have to make an immediate dip down. Since left turns in are being prohibited, this plan seems more safe. Chairperson Lorenzo asked if there will be a middle lane provided for left turns out? Mr. Arroyo stated there will be a center turn lane constructed.

Chairperson Lorenzo restated the motion and asked Mr. Cohen to please call the role.

PM-96-08-190 TO AMEND THE MOTION TO ADD THE MATTER BE BROUGHT BACK FOR FINAL

Moved by Bononi, seconded by Markham, CARRIED UNANIMOUSLY: To approve Preliminary Site Plan for Speedway Service Station Rebuild at Haggerty Road, SP96-14A subject to all of the consultants conditions and recommendations, including the zba approval and waiver for deficient site size and driveway location and the matter be brought back for Final.

Yes: Lorenzo, Markham, Weddington, Bononi, Churella

No: None

2. SPEEDWAY SERVICE STATION REBUILD (NOVI ROAD), SP96-04C

Property located at the northeast corner of Novi Road and Ten Mile Road for possible Final Site Plan approval.

Lisa Brown of Tech Express stated they were coming back to the Planning Commission to ask for Final Site Plan at Ten Mile Road and Novi Road. The site looks similar, they have complied with all of the consultants requests.

Rod Arroyo, Traffic Consultant reviewed Brandon Rogers report and stated the plan does conform in principle with the Preliminary Site Plan. All of the building facades are proposed to be brick, the HVAC equipment is shown as being properly screened. As discussed at the time of Preliminary Site Plan approval, a ground monument sign is placed in a proper location to provide for the 25 foot clearance at the intersection. The Zoning Board of Appeals has allowed a variance of site size. Sidewalks are shown on Ten Mile Road and Novi Road as required. The landscape requirements have been addressed. Cost estimates have been provided. In summary, Mr. Rogers recommended Final Site Plan approval.

Mr. Arroyo reviewed the plan on July 26, 1996 from a traffic perspective. Prohibitions of left turns from Ten Mile Road into the site is a part of the project with signage. A permit will be required from the Road Commission for the driveway modifications. Mr. Arroyo recommended approval of the Final Site Plan.

Dave Bluhm of JCK stated he reviewed the Final Site Plan and recommended approval.

Linda Lemke, Landscape Architect recommended approval of the landscaping and stated Mr. Pargoff had some concerns regarding the maple trees in the front. She believed they were far enough away but stated she would look at it in the field. She agreed with the substitution of shrub material stating this could be done Administratively. Ms. Lemke stated she was in agreeance with Mr. Pargoff’s comments.

Chairperson Lorenzo stated she has received a letter from William A. Conn, Fire Marshall for the City of Novi which states that the above plan has been reviewed and approval is recommended with the following: 1) The applicant is directed to Artile IV of Chapter 15 of the Code of Ordinances, Sections 15-16 through 15-80 for other city ordinance requirements. 2) The building address is to be posted facing the street throughout construction, numbers to be at least three inches high on a contrasting background. 3) Fire Prevention practice during construction shall be in accordance with the adopted Building Code and Fire Prevention Code. She turned the matter over to the Commission for Discussion.

DISCUSSION

Member Bononi was hopeful that there was some way to salvage the maples, she stated the project really needs the softening touch of trees.

Chris Pargoff, City Forester stated the Ordinance calls out a critical condition as being utilities. Normally a situation of that nature is critical where there are electric utilities. Existing utilities on the corner of Ten Mile Road and Novi Road are telephone and video cable. Mr. Pargoff stated because of the easements that exist for the overhead lines, there may someday be power lines, this would be a problem for the installation of the maples. It was Mr. Pargoff’s belief as long as the screening was there, the use of crab trees or other ornamental type trees would be detrimental to the planting scheme.

Member Weddington agreed with the landscape concerns. She was happy to see the sign change to a ground sign and stated she would like to see the roof mechanical equipment screened.

Ms. Brown stated it has been screened with a lucabond material and is three sided. Member Weddington asked if any equipment could be seen from any direction? Ms. Brown answered no.

PM-96-08-191 TO APPROVE FINAL SITE PLAN FOR SPEEDWAY SERVICE STATION REBUILD, SP96-04C SUBJECT TO ALL OF THE CONSULTANTS COMMENTS AND RECOMMENDATIONS

Moved by Markham, seconded by Churella, CARRIED UNANIMOUSLY: To approve Final Site Plan for Speedway Service Station Rebuild, SP96-04C subject to all of the consultants comments and recommendations.

Chairperson Lorenzo stated it has been moved and seconded to approve the Speedway Service Station Rebuild Novi Road, SP96-04C subject to all of the consultants conditions and recommendations, and asked for any Discussion on the motion. Seeing none she asked Mr. Cohen to please call the role.

VOTE ON PM-96-08-191 CARRIED UNANIMOUSLY

Yes: Markham, Weddington, Bononi, Churella, Lorenzo

No: None

3. SPECIAL PLANNING COMMISSION MEETING - ZONING ORDINANCE UPDATE

Request to schedule a Special Planning Commission Meeting for Wednesday, September 11, 1996 at 7:30 p.m. to review Zoning Ordinance Update report submitted by Brandon Rogers, Planning Consultant and Rod Arroyo, Traffic Consultant.

Chairperson Lorenzo stated the Planning Commission is being requested to schedule a Special Planning Commission Meeting for Wednesday, September 11, 1996 at 7:30 p.m. to review the Zoning Ordinance Update report submitted by Brandon Rogers and Rod Arroyo. Chairperson Lorenzo asked the Commission if they will be available to meet.

Member Weddington stated she expects not to be available that week.

Chairperson Lorenzo stated the meeting will be scheduled, subject to staff calling the remainder of the Planning Commissioners to make sure there will be a quorum. She added the issue of Site Plan Extension Limitations to the Agenda of September 11, 1996.

PM-96-08-192 TO SCHEDULE A SPECIAL PLANNING COMMISSION MEETING FOR WEDNESDAY, SEPTEMBER 11, 1996 AT 7:30 P.M. TO REVIEW THE ZONING ORDINANCE UPDATE AND TO REVIEW SITE PLAN EXTENSION LIMITATIONS

Moved by Churella, seconded by Bononi, CARRIED UNANIMOUSLY: To schedule a Special Planning Commission Meeting for Wednesday, September 11, 1996 at 7:30 p.m. to review the zoning ordinance update and to review site plan extension limitations.

VOTE ON PM-96-08-192 CARRIED UNANIMOUSLY

Yes: Weddington, Bononi, Churella, Lorenzo, Markham

No: None

4. CONTENT OF REZONING APPLICATIONS

Member Bononi stated she is bringing up the subject because she had concerns after the recent rash of zone changes, rezonings and zoning amendment applications. Her concern was the content of the applications and what they do not contain. She made suggestions to improve the process so the same questions are not being asked over and over again when the applications come to the Commission, and information needed to make land use decisions will be up-front in the packets. Generally an application should contain but are not limited to the following: 1) An outline/survey/sketch of the site, to scale with an area of the site given, 2) existing wetlands, woodlands, streams, flood hazard designations be shown, and a notation about what the Master Plan designates for that particular site and the acreage at present. 3) What could the applicant do under the existing zone and what the applicant could do under the proposed zone (ie. building density, examples of permitted uses) 4) Abutting zones should be shown as well as current uses that abut the site in question. 5) Information pertaining to the existing infrastructure. Member Bononi is asking how does the Commission get more efficient at these requests so that the information is up-front allowing them to make more informed decisions.

Dennis Watson, Assistant City Attorney suggested turning it over to the Administration to work with Brandon Rogers on revising the application.

Rod Arroyo, Traffic Consultant stated the Administration is also in the process of updating the Site Plan Manual and this is where all of the information comes from.

PM-96-08-193 TO REFER TO THE ADMINISTRATION THAT THEY LOOK IN DEPTH AT THE APPLICATION PROCESS FOR REZONING: 1) AN OUTLINE/SURVEY/SKETCH OF THE SITE, TO SCALE WITH AN AREA OF THE SITE GIVEN, 2) EXISTING WETLANDS, WOODLANDS, STREAMS, FLOOD HAZARD DESIGNATIONS BE SHOWN, AND A NOTATION ABOUT WHAT THE MASTER PLAN DESIGNATES FOR THAT PARTICULAR SITE AND THE ACREAGE AT PRESENT. 3) WHAT COULD THE APPLICANT DO UNDER THE EXISTING ZONE AND UNDER THE PROPOSED ZONE (IE. BUILDING DENSITY, EXAMPLES OF PERMITTED USES) 4) ABUTTING ZONES SHOULD BE SHOWN AS WELL AS CURRENT USES THAT ABUT THE SITE IN QUESTION. 5) INFORMATION PERTAINING TO THE EXISTING INFRASTRUCTURE.

Moved by Bononi, seconded by Churella, CARRIED UNANIMOUSLY: To refer to the Administration that they look in depth at the application process for rezoning.

VOTE ON PM-96-08-193 CARRIED UNANIMOUSLY

Yes: Lorenzo, Markham, Weddington, Bononi, Churella

No: None

Member Weddington asked about the status of the Cellular Tower Ordinance revision. Mr. Cohen answered it is proposed to be on the Agenda for September 4, 1996, he explained the current meeting was expected to be too heavy to handle it and assured that it would be on the Agenda for September 4th.

AUDIENCE PARTICIPATION

Andrew Mutch, 24541 Hampton Court commented in regard to the Haggerty Road Rebuild of the Speedway Service Station, he stated this is a gateway into Novi and would like to see some gateway elements defining the entrance into Novi, at the time of Final. He felt the same for The Speedway Service Station Rebuild at Novi Road and Ten Mile Road. He stated there have been specific proposals made for additional planting of trees at this site as well as many others throughout the city. Mr. Mutch stated he would like to see the Planning Commission work at incorporating these recommendations into future Site Plans.

Chairperson Lorenzo asked Mr. Watson in regard to incorporating some type of amenity within the Fourteen Mile Road Speedway Service Station, would this be something that could be addressed at the time of final or does it need to be reconsidered at the present meeting?

It was Mr. Watson’s belief that it could be addressed at the time of Final, however, he thought it best for the Administration to discuss it with the applicant. In the past, this was something that particular applicants volunteered to do.

Chairperson Lorenzo asked the Administration to do so and indicate that the Planning Commission would respectfully appreciate consideration of this type of amenity.

Chuck Young, 50910 West Nine Mile Road, stated the Zayti property is now in litigation. They want to retain the zoning at the corner of Beck Road and Eight Mile Road as a commercial site. Mr. Young stated he was happy to see that the Commission left the residential zoning as it was because there will be a high demand for one acre lots. To his understanding the ice arena is to be located off of Grand River Avenue and SWAN is to help out the community with the swimming pool area.

Chairperson Lorenzo asked if there was anyone else who would like to address the Commission? Seeing no one she closed the Audience Participation.

Member Weddington thanked Member Bononi for sharing all of the materials she received from a conference she attended.

PM-96-08-194 TO ADJOURN THE REGULAR MEETING OF THE PLANNING COMMISSION AT 9:30 P.M.

Moved by Markham, seconded by Weddington, CARRIED UNANIMOUSLY: To adjourn the Regular Meeting of the Planning Commission at 9:30 p.m.

VOTE ON PM-96-08-194 CARRIED UNANIMOUSLY

Yes: Bononi, Churella, Lorenzo, Markham, Weddington

No: None

Steve Cohen - Staff Planner

Transcribed by: Diane H. Vimr

August 26, 1996