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PLANNING COMMISSION CALL TO ORDER The meeting was called to order at or about 7:00 PM. ROLL CALL Present: Members John Avdoulos, Brian Burke, Victor Cassis, David Greco, Mark Pehrson, Wayne Wrobel Absent: Andrew Gutman (Excused), Michael Lynch (Excused), Michael Meyer (Excused) Also Present: Barbara McBeth, Deputy Director of Community Development; Kristen Kapelanski, Planner; Mark Spencer, Planner; David Beschke, Landscape Architect Lindon Ivezaj, Civil Engineer; Tom Schultz, City Attorney PLEDGE OF ALLEGIANCE Member Pehrson led the meeting attendees in the recitation of the Pledge of Allegiance. APPROVAL OF AGENDA Moved by Member Pehrson, seconded by Member Wrobel: VOICE vote on agenda approval motion made by Member Pehrson and seconded by Member Wrobel: Motion to approve the April 16, 2008 Planning Commission Agenda. Motion carried 6-0. AUDIENCE PARTICIPATION No one from the audience wished to speak. CORRESPONDENCE There was no correspondence to share. COMMITTEE REPORTS Chair Cassis said that the Master Plan and Zoning Committee met the night prior and the Planning Commission will be asked to deliberate on the Master Plan matter at this meeting. COMMUNITY DEVELOPMENT DEPUTY DIRECTOR REPORT Deputy Director of Community Development Barbara McBeth told the Planning Commission that City Council approved the Best Buy store on April 7, 2008. The Planning Commission members received information on the Citizens Planner advanced training; anyone who is interested in attended should let the Community Development department know. CONSENT AGENDA - REMOVALS AND APPROVAL 1. PEARY COURT BUILDINGS A & B (BECK NORTH LOTS 15-18), SP06-12 Consideration of the request of Peary Investment Company, LLC, for a one-year Preliminary Site Plan extension. The subject property is located in Section 4, at the southwest corner of Peary Court and Hudson Drive, in the I-1, Light Industrial District. The subject property is approximately 4.75 acres and the Applicant is proposing to build two speculative light industrial/office buildings. Building A (Phase 1) is 46,847 square feet and Building B (Phase 2) is 26,147 square feet. Moved by Member Wrobel, seconded by Member Pehrson: roll call vote on consent agenda motion made by Member Wrobel and seconded by Member Pehrson: Motion to approve the April 16, 2008 Consent Agenda. Motion carried 6-0.
PUBLIC HEARINGS 1. MASTER PLAN FOR LAND USE The Public Hearing was opened to receive comments and consider adoption of the proposed map and text amendments to the City of Novi Master Plan for Land Use. Planner Mark Spencer thanked the Master Plan and Zoning Committee, Planning Commission members, Staff, Consultants and the residents for their assistance in this review which began in the spring of 2007. On June 13, 2007 the Planning Commission passed a resolution to officially start the process of review of the southwest quadrant area, the Twelve Mile-Wixom-Napier area and the I-96-Novi Road study area. Over several months the information was studied in detail. Comments were solicited through phone calls, surveys, open houses, and at City Hall. The Staff and Master Plan and Zoning Committee put together a document to recap all of the findings. It included a new Land Use Map and some text amendments. On February 13, 2008 the Planning Commission held a Public Hearing on these amendments and approved them. On February 25, 2008 City Council reviewed the amendments and approved them for distribution. In accordance with the Municipal Planning Act, the amendment was distributed to neighboring municipalities, the county, railroads and utilities. They were given a forty-day review period. The Oakland County Zoning Coordinating Committee found the amendments were not inconsistent with the plan of any surrounding community. Northville and Northville Township found the changes to be compatible and complementary to their Master Plans. No negative comments were received. At the April 15, 2008 Master Plan and Zoning Committee meeting, a resolution was passed to ask the Planning Commission to adopt the proposed amendments, and another resolution was also passed that asked the Planning Commission to be pro-active in amending the Zoning Ordinance and maps to implement the Master Plan. Copies were provided to the Planning Commission along with the minutes of the meeting. The Planning Commission has been asked to hold this Public Hearing and if found acceptable, they are asked to pass a resolution adopting them. A proposal of such a motion was provided to the Planning Commission for consideration. No one from the audience wished to speak and no correspondence was received so Chair Cassis closed the Public Hearing. Member Avdoulos thought that the information garnered over the months was inclusive. Moved by Member Avdoulos, seconded by Member Pehrson: Motion to approve the written resolution adopting the proposed Master Plan for Land Use map and text amendments. DISCUSSION City Attorney Tom Schultz clarified that the motion was for the adoption of the resolution which was passed out to the Planning Commission. Chair Cassis thanked Mark Spencer for his hard work. He thanked Deputy Director of Community Development Barbara McBeth and City Attorney Tom Schultz. Chair Cassis was pleased to be a part of this process. This review was the most extensive and thorough that Chair Cassis could recall. He felt the City took the right course under the guidance of City Council. Trust and support was given to the Planning Commission to research and carry out this assignment. The citizens also put their time and effort into this review; this is entirely documented in the final product. Chair Cassis also thanked his colleagues. Roll call vote on Master Plan adoption motion made by Member Avdoulos and seconded by Member Pehrson: Motion to approve the written resolution adopting the proposed Master Plan for Land Use map and text amendments. Motion carried 6-0. PLANNING COMMISSION RESOLUTION APPROVING THE 2008 AMENDMENTS TO THE CITY OF NOVI’S MASTER PLAN FOR LAND USE City of Novi County of Oakland, Michigan WHEREAS, the City of Novi, through its Planning Commission, adopted a Master Plan for Land Use in 2004 that called for the further study of certain areas within the City; and WHEREAS, the City determined in Spring 2007 to undertake the study of certain areas as called for and to also discuss some additional areas or aspects of the City land use plan; and WHEREAS, the Planning Commission decided in particular to focus on the following study areas:
WHEREAS, the Planning Commission notified each municipality located within or contiguous to the City, the County planning commission, each public utility company and railroad company owning or operating a public utility or railroad within the City, and every governmental entity that had registered its name and mailing address with the City for purposes of notification, of its intent to discuss amendments to its Master Plan for Land Use; and WHEREAS, relying upon public input, the City’s Planning staff, the Planning Commission’s Master Plan and Zoning Committee, and the City’s consultants developed proposed 2008 Amendments to the City’s Master Plan for Land Use; and WHEREAS, proposed 2008 Amendments to the City’s Master Plan for Land Use were submitted to City Council, which authorized distribution of the proposed amendments; and WHEREAS, proposed 2008 Amendments to the City’s Master Plan for Land Use were distributed to each municipality located within or contiguous to the City, the County planning commission, each public utility company and railroad company owning or operating a public utility or railroad within the City, and every governmental entity that had registered its name and mailing address with the City for purposes of notification, for review and comment; and WHEREAS, the Planning Commission received comments in reference to the proposed Master Plan for Land Use from certain of these entities; and WHEREAS, on April 1, 2008, the Oakland County Coordinating Zoning Committee voted to endorse the proposed 2008 Amendments to the City’s Master Plan for Land Use, finding that the proposed amendments were not inconsistent with the Plan of any surrounding communities; and WHEREAS, on April 15, 2008, the Master Plan and Zoning Committee of the Planning Commission commented on the proposed 2008 Amendments to the City’s Master Plan for Land Use; and WHEREAS, on April 16, 2008, after proper public notice, the Planning Commission held a public hearing on the proposed 2008 Amendments to the City’s Master Plan for Land Use, during which members of the public were given the opportunity to comment on the proposed amendments; and WHEREAS, the Planning Commission has determined that the proposed 2008 Amendments to the City’s Master Plan for Land Use, with the accompanying maps, plats, charts and descriptive matter accurately reflects the Planning Commission’s recommendations for the development of the areas of the City affected. NOW, THEREFORE, IT IS RESOLVED that the City of Novi Planning Commission hereby adopts the proposed 2008 Amendments to the City’s Master Plan for Land Use, dated April 16, 2008. IT IS FURTHER RESOLVED that the Secretary of the Planning Commission shall submit a copy of the 2008 Amendments to the City’s Master Plan for Land Use to each municipality located within or contiguous to the City, the County planning commission, each public utility company and railroad company owning or operating a public utility or railroad within the City, and every governmental entity that had registered its name and mailing address with the City for purposes of notification. AYES: (6) Avdoulos, Burke, Cassis, Greco, Pehrson, Wrobel NAYS: (0) ABSENT: (3) Gutman, Lynch, Meyer ABSTENTIONS: (0)
MATTERS FOR CONSIDERATION 1. TACO BELL, SP07-37A Consideration of the request of L+A Architects for Preliminary Site Plan and Stormwater Management Plan approval. The subject property is located in Section 36, north of Eight Mile and east of Haggerty Road in the FS, Freeway Service District. The Applicant is proposing to demolish and reconstruct the existing Taco Bell. The proposed building is 2,825 square feet and includes a drive-through window. Planner Kristen Kapelanski said this project proposes to demolish and reconstruct the existing Taco Bell on the eastern side of Haggerty Road just north of Eight Mile. The proposed building will be approximately 2,825 square feet. The subject property is bordered by a detention basin for Orchard Hills Place condominium to the north, the I-275 right-of-way to the east, a Speedway gas station to the south and the High Point Shopping Center to the west, across Haggerty Road. The subject property is zoned FS, Freeway Service. The site is mostly bordered by various business and retail zones, with Freeway Service to the north and south, OSC, Office Service Commercial to the west, beyond Haggerty Road and I-275 right-of-way to the east. The future land use map indicates Community Commercial uses for the subject property and the immediate surrounding area with the exception of the property to the west, which is master planned for Office. There are no wetlands or woodlands on the subject property as indicated by the natural features map. This plan was before the Planning Commission at their October 24, 2007 meeting. At that time, the Planning Commission noted a number of concerns and asked the Applicant to address some of the plans. The Applicant revised the plan, addressing some of the concerns and accommodating the MDOT easement that runs along the I-275 right-of-way along the rear of the property. The Planning Commission asked the Applicant to alter the parking layout so that the four front yard spaces would remain, and the two rear parking spaces would be removed. Ms. Kapelanski showed the altered site plan. The Applicant has met the stacking requirements for the drive-through lane. MDOT has asked that the easement along the rear of the property not be paved over. Now the dumpster and loading zone have been moved to the west slightly, removing two parking spaces, and getting the pavement off of the MDOT easement. The Applicant has indicated they will be seeking several Zoning Board of Appeals variances to address the portions of the site plan that do not meet Ordinance standards. The parking placed in the front per the Planning Commission’s request will require a variance. The site is short two spaces, partially because of the MDOT easement issue. The side yard setback of the dumpster enclosure is deficient, also a result of the MDOT easement issue. The Applicant seeks three Landscape Waivers – for the berm requirement along Haggerty Road and the I-275 right-of-way, and for the interior parking landscape requirements. Staff supports all three of the Landscape Waiver requests. The Traffic, Engineering, Façade and Fire Reviews all recommend approval, with minor items to be addressed at the time of Final Site Plan submittal. Joe Zablotny represented the Applicant. He said the site plan was changed to accommodate MDOT and Oakland TSA. Those agencies would not allow pavement in the easement area. Mr. Zablotny said that MDOT plans to expand the exit ramp in 2009, which is why they are unwilling to allow any encroachment into their easement. Mr. Zablotny conceded that they were unable to meet all of the Ordinance requirements, due to the constraints of the site. Member Avdoulos tried to recall the specifics of the previous plan that was submitted. He appreciated the hard work that went into planning this site around the constraints of the MDOT easement issue, the small size of the property, etc. He recalled that the parking spaces as previously presented yielded some safety issues. He thought that the Applicant should provide somewhere around 36 or 37 spaces. Some of the variances are warranted, because this Applicant is replacing a worn-out facility with a new updated facility that will work better on the site. Staff supports the requests, including the Landscape Architect. Moved by Member Avdoulos, seconded Member Burke: In the matter of Taco Bell, SP07-37a, motion to approve the revised Preliminary Site Plan subject to: 1) A Planning Commission Waiver for some portions of the berm required along the Haggerty Road right-of-way with the Applicant installing as much of the berm as is possible; 2) A Planning Commission Waiver for the berm requirement along I-275 right-of-way; 3) A Planning Commission Waiver for interior parking lot landscape areas; 4) The Applicant receiving a variance from the Zoning Board of Appeals for a lack of parking spaces; 5) The Applicant receiving a variance from the Zoning Board of Appeals for the deficient front yard parking setback; 6) The Applicant receiving a variance from the Zoning Board of Appeals for the deficient side yard dumpster enclosure setback; 7) The Applicant increasing the screening on the western property boundary or receiving a variance for lack of loading zone screening from the Zoning Board of Appeals; and 8) 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 Article 18, Article 24 and Article 25 of the Zoning Ordinance and all other applicable provisions of the Ordinance. DISCUSSION Member Wrobel hoped that the new design might alleviate some of the traffic back-up issues that occur in this area of development. Ms. Kapelanski said that the stacking requirements have now been met, so she wasn’t aware of any other outstanding issues relating the back-up problems. Chair Cassis asked whether it was okay that the exiting traffic could turn either left or right. Ms. Kapelanski responded that she understood there were many curb-cuts in the area and traffic is almost always a mess. As far as this site is concerned, Staff did not have a problem with this design. Mr. Zablotny added that there is a traffic signal at the drive. Chair Cassis confirmed that there is also a cross-access easement to the southerly Speedway. Chair Cassis thought this was an improvement to the site. He called for the vote. roll call vote on taco bell, sp07-37a, revised Preliminary Site Plan motion made by Member Avdoulos and seconded by Member Burke: In the matter of Taco Bell, SP07-37a, motion to approve the revised Preliminary Site Plan subject to: 1) A Planning Commission Waiver for some portions of the berm required along the Haggerty Road right-of-way with the Applicant installing as much of the berm as is possible; 2) A Planning Commission Waiver for the berm requirement along I-275 right-of-way; 3) A Planning Commission Waiver for interior parking lot landscape areas; 4) The Applicant receiving a variance from the Zoning Board of Appeals for a lack of parking spaces; 5) The Applicant receiving a variance from the Zoning Board of Appeals for the deficient front yard parking setback; 6) The Applicant receiving a variance from the Zoning Board of Appeals for the deficient side yard dumpster enclosure setback; 7) The Applicant increasing the screening on the western property boundary or receiving a variance for lack of loading zone screening from the Zoning Board of Appeals; and 8) 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 Article 18, Article 24 and Article 25 of the Zoning Ordinance and all other applicable provisions of the Ordinance. Motion carried 6-0. Moved by Member Avdoulos, seconded by Member Burke: roll call vote on taco bell, sp07-37a, revised Preliminary Site Plan motion made by Member Avdoulos and seconded by Member Burke: In the matter of Taco Bell, SP07-37a, 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 6-0. 2. SET A PUBLIC HEARING FOR APRIL 30, 2008 FOR ZONING ORDINANCE TEXT AMENDMENT 18.225 RELATING TO COMMUNICATION ANTENNA TOWERS AND POLES Deputy Director of Community Development Barbara McBeth said that the date that has been reserved for this Public Hearing is April 30th. This is a Staff-initiated request; many of the contractors who wish to install a cell tower prefer to have outdoor equipment shelters placed at the base of the tower rather than gabled brick buildings. The Staff interprets the Ordinance as requiring brick buildings. Ms. McBeth said this Ordinance text amendment provides that any outdoor equipment, such as metal cabinets, must be placed in an equipment compound that is adequately screened. As long as the area is fenced and screened, Staff believes this would be an improvement to the Ordinance. These cellular tower reviews will be more readily handled with this text amendment. Chair Cassis confirmed that the City is still receiving requests from cellular companies. Ms. McBeth replied that the City frequently receives plans for equipment upgrades and change-outs. Many of the contractors prefer to use the metal equipment shelters, the use of which requires a trip to the ZBA. Ms. McBeth said that other communities are also getting metal equipment requests, and it has been determined that metal equipments work just fine. Member Pehrson asked Ms. McBeth to provide photos for the Public Hearing. He also asked for examples of stealth designs, referring to the language regarding cell towers adjacent to residential areas. Moved by Member Pehrson, seconded by Member Wrobel: roll call vote on 18.225 Public Hearing date setting motion made by Member Pehrson and seconded by Member Wrobel: Motion to set an April 30, 2008 Public Hearing for Zoning Ordinance Text Amendment 18.225 relating to communication antenna towers and poles. Motion carried 6-0. 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 Burke: Motion to adjourn. The meeting adjourned at 7:39 PM. SCHEDULED AND ANTICIPATED MEETINGS MON 04/21/08 CITY COUNCIL MEETING 7:00 PM WED 04/30/08 PLANNING COMMISSION MEETING 7:00 PM MON 05/12/08 CITY COUNCIL MEETING 7:00 PM TUE 05/13/08 ZONING BOARD OF APPEALS 7:00 PM WED 05/14/08 PLANNING COMMISSION MEETING 7:00 PM MON 05/19/08 CITY COUNCIL MEETING 7:00 PM MON 05/26/08 CITY OFFICES CLOSED WED 05/28/08 PLANNING COMMISSION MEETING 7:00 PM MON 06/09/08 CITY COUNCIL MEETING 7:00 PM TUE 06/10/08 ZONING BOARD OF APPEALS 7:00 PM WED 06/11/08 PLANNING COMMISSION MEETING 7:00 PM MON 06/23/08 CITY COUNCIL MEETING 7:00 PM
Transcribed by Jane L. Schimpf Signature on File Customer Service Representative Angela Pawlowski, Planning Assistant Date May 23, 2008 Date Approved: May 28, 2008
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